[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1530 Engrossed in House (EH)]
104th CONGRESS
1st Session
H. R. 1530
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1996 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.
104th CONGRESS
1st Session
H. R. 1530
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1996 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1996''.
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. Chemical demilitarization program.
Subtitle B--Army Programs
Sec. 111. Procurement of helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Subtitle C--Navy Programs
Sec. 131. Repeal of prohibition on backfit of Trident submarines.
Sec. 132. Repeal of limitation on total cost for SSN-21 and SSN-22
Seawolf submarines.
Sec. 133. Competition required for selection of shipyards for
construction of vessels for next generation
attack submarine program.
Sec. 134. Sonobuoy programs.
Subtitle D--Air Force Programs
Sec. 141. Repeal of limitations.
Subtitle E--Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with
development of chemical demilitarization
cryofracture facility at Tooele Army Depot,
Utah.
Sec. 152. Sense of Congress regarding cost growth in program for
destruction of the existing stockpile of
lethal chemical agents and munitions.
Sec. 153. Assistance for chemical weapons stockpile communities
affected by base closure.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Modifications to Strategic Environmental Research and
Development Program.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Maneuver variant unmanned aerial vehicle.
Sec. 213. Tactical manned reconnaissance.
Sec. 214. Advanced lithography program.
Sec. 215. Enhanced fiber optic guided missile system.
Sec. 216. Joint Advanced Strike Technology (JAST) program.
Sec. 217. Development of laser program.
Subtitle C--Ballistic Missile Defense Act of 1995
Sec. 231. Short title.
Sec. 232. Ballistic missile defense policy of the United States.
Sec. 233. Implementation of policy.
Sec. 234. Follow-on technologies research and development.
Sec. 235. Policy on compliance with the ABM Treaty.
Sec. 236. Ballistic missile defense program accountability.
Sec. 237. ABM Treaty defined.
Sec. 238. Repeal of Missile Defense Act of 1991.
Subtitle D--Other Ballistic Missile Defense Provisions
Sec. 241. Ballistic missile defense funding for fiscal year 1996.
Sec. 242. Policy concerning ballistic missile defense.
Sec. 243. Testing of theater missile defense interceptors.
Sec. 244. Repeal of missile defense provisions.
Subtitle E--Other Matters
Sec. 251. Allocation of funds for medical countermeasures against
biowarfare threats.
Sec. 252. Analysis of consolidation of basic research accounts of
military departments.
Sec. 253. Change in reporting period from calendar year to fiscal year
for annual report on certain contracts to
colleges and universities.
Sec. 254. Modification to University Research Initiative Support
Program.
Sec. 255. Advanced Field Artillery System (Crusader).
Sec. 256. Review of C<SUP>4I by National Research Council.
Sec. 257. Five-year plan for federally funded research and development
centers (FFRDCs).
Sec. 258. Manufacturing technology program.
Sec. 259. Five-year plan for consolidation of defense laboratories and
test and evaluation centers.
Sec. 260. Aeronautical research and test capabilities assessment.
Sec. 261. Limitation on T-38 Avionics Upgrade Program.
Sec. 262. Cross reference to congressional defense policy concerning
national technology and industrial base,
reinvestment, and conversion in operation
of defense research and development
programs.
Sec. 263. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 264. Fiber optic acoustic sensor system.
Sec. 265. Joint targeting support system testbed.
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. Office of Economic Adjustment.
Subtitle B--Defense Business Operations Fund
Sec. 311. Codification of Defense Business Operations Fund.
Sec. 312. Retention of centralized management of Defense Business
Operations Fund and prohibition on further
expansion of Fund.
Sec. 313. Charges for goods and services provided through Defense
Business Operations Fund and termination of
advance billing practices.
Sec. 314. Annual proposed budget for operation of Defense Business
Operations Fund.
Sec. 315. Reduction in requests for transportation funded through
Defense Business Operations Fund.
Subtitle C--Environmental Provisions
Sec. 321. Clarification of services and property that may be exchanged
to benefit the historical collection of the
Armed Forces.
Sec. 322. Addition of amounts creditable to Defense Environmental
Restoration Account.
Sec. 323. Repeal of certain environmental education programs.
Sec. 324. Repeal of limitation on obligation of amounts transferred
from environmental restoration transfer
account.
Sec. 325. Elimination of authority to transfer amounts for
toxicological profiles.
Sec. 326. Sense of Congress on use of Defense Environmental Restoration
Account.
Subtitle D--Civilian Employees and Nonappropriated Fund Instrumentality
Employees
Sec. 331. Management of Department of Defense civilian personnel.
Sec. 332. Management of depot employees.
Sec. 333. Conversion to performance by civilian employees of active-
duty positions.
Sec. 334. Personnel actions involving employees of nonappropriated fund
instrumentalities.
Sec. 335. Limitation on provision of overseas living quarters
allowances for nonappropriated fund
instrumentality employees.
Sec. 336. Overtime exemption for nonappropriated fund employees.
Sec. 337. Continued health insurance coverage.
Sec. 338. Creditability of certain NAFI service under the Federal
Employees' Retirement System.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Operation of commissary store system.
Sec. 342. Pricing policies for commissary store merchandise.
Sec. 343. Limited release of commissary stores sales information to
manufacturers, distributors, and other
vendors doing business with Defense
Commissary Agency.
Sec. 344. Economical distribution of distilled spirits by
nonappropriated fund instrumentalities.
Sec. 345. Transportation by commissaries and exchanges to overseas
locations.
Sec. 346. Demonstration program for uniform funding of morale, welfare,
and recreation activities at certain
military installations.
Sec. 347. Continued operation of base exchange mart at Fort Worth Naval
Air Station and authority to expand base
exchange mart program.
Sec. 348. Uniform deferred payments program for military exchanges.
Sec. 349. Availability of funds to offset expenses incurred by Army and
Air Force Exchange Service on account of
troop reductions in Europe.
Sec. 350. Study regarding improving efficiencies in operation of
military exchanges and other morale,
welfare, and recreation activities and
commissary stores.
Sec. 351. Extension of deadline for conversion of Navy ships' stores to
operation as nonappropriated fund
instrumentalities.
Subtitle F--Contracting Out
Sec. 357. Procurement of electricity from most economical source.
Sec. 358. Procurement of certain commodities from most economical
source.
Sec. 359. Commercial procurement of printing and duplication services.
Sec. 360. Direct delivery of assorted consumable inventory items of
Department of Defense.
Sec. 361. Private operation of functions of Defense Reutilization and
Marketing Service.
Sec. 362. Private operation of payroll functions of Department of
Defense for payment of civilian employees.
Sec. 363. Demonstration program to identify underdeductions and
overpayments made to vendors.
Sec. 364. Pilot program to evaluate potential for private operation of
overseas dependents' schools.
Sec. 365. Pilot program for evaluation of improved defense travel
processing prototypes.
Sec. 366. Pilot program for private operation of consolidated
information technology functions of
Department of Defense.
Sec. 367. Increased reliance on the private sector.
Sec. 368. Pilot program for private operation of payroll and accounting
functions of nonappropriated fund
instrumentalities.
Subtitle G--Miscellaneous Reviews, Studies, and Reports
Sec. 371. Quarterly readiness reports.
Sec. 372. Reports required regarding expenditures for emergency and
extraordinary expenses.
Sec. 373. Restatement of requirement for semiannual reports to Congress
on transfers from high-priority readiness
appropriations.
Sec. 374. Modification of notification requirement regarding use of
core logistics functions waiver.
Sec. 375. Limitation on development or modernization of automated
information systems of Department of
Defense pending report.
Sec. 376. Report regarding reduction of costs associated with contract
management oversight.
Subtitle H--Other Matters
Sec. 381. Prohibition on capital lease for Defense Business Management
University.
Sec. 382. Authority of Inspector General over investigations of
procurement fraud.
Sec. 383. Provision of equipment and facilities to assist in emergency
response actions.
Sec. 384. Conversion of the Civilian Marksmanship Program to a
federally chartered nonprofit corporation.
Sec. 385. Personnel services and logistical support for certain
activities held on military installations.
Sec. 386. Retention of monetary awards.
Sec. 387. Civil Reserve Air Fleet.
Sec. 388. Permanent authority regarding use of proceeds from sale of
lost, abandoned, and unclaimed personal
property at certain installations.
Sec. 389. Transfer of excess personal property to support law
enforcement activities.
Sec. 390. Development and implementation of innovative processes to
improve operation and maintenance.
Sec. 391. Review of use of Defense Logistics Agency to manage inventory
control points.
Sec. 392. Sale of 50 percent of current war reserve fuel stocks.
Sec. 393. Military clothing sales stores, replacement sales.
Sec. 394. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 395. Core logistics capabilities of the Department of Defense.
Sec. 396. Expansion of Southwest Border States Anti-Drug Information
System.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variations in DOPMA authorized end strength
limitations for active duty Navy and Air
Force officers in certain grades.
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. Counting of certain active component personnel assigned in
support of Reserve component training.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authority to extend transition period for officers selected
for early retirement.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Military technician full-time support program for Army and
Air Force reserve components.
Sec. 512. Military leave for military reserve technicians for certain
duty overseas.
Sec. 513. Revisions to Army Guard combat reform initiative to include
Army reserve under certain provisions and
make certain revisions.
Sec. 514. ROTC scholarships for the National Guard.
Sec. 515. Report on feasibility of providing education benefits
protection insurance for service academy
and ROTC scholarship students who become
medically unable to serve.
Sec. 516. Active duty officers detailed to ROTC duty at senior military
colleges to serve as Commandant and
Assistant Commandant of Cadets and as
tactical officers.
Sec. 517. Mobilization income insurance program for members of Ready
Reserve.
Sec. 518. Delay in reorganization of Army ROTC regional headquarters
structure.
Sec. 519. Active duty associaate unit responsibility.
Subtitle C--Matters Relating to Force Levels
Sec. 521. Floor on end strengths.
Sec. 522. Army officer manning levels.
Sec. 523. Comptroller General review of proposed Army end strength
allocations.
Sec. 524. Manning status of highly deployable support units.
Sec. 525. Sense of Congress concerning personnel tempo rates.
Subtitle D--Amendments to the Uniform Code of Military Justice
Sec. 541. References to Uniform Code of Military Justice.
Sec. 542. Forfeiture of pay and allowances during confinement by
sentence of court-martial.
Sec. 543. Refusal to testify before court-martial.
Sec. 544. Flight from apprehension.
Sec. 545. Carnal knowledge.
Sec. 546. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 547. Persons who may appear before the United States Court of
Appeals for the Armed Forces.
Sec. 548. Discretionary representation by Government appellate defense
counsel in petitioning Supreme Court for
writ of certiorari.
Sec. 549. Repeal of termination of authority for Chief Justice of
United States to designate Article III
judges for temporary service on Court of
Appeals for the Armed Forces.
Sec. 550. Technical amendment.
Subtitle E--Other Matters
Sec. 551. Equalization of accrual of service credit for officers and
enlisted members.
Sec. 552. Extension of expiring personnel authorities.
Sec. 553. Increase in educational assistance allowance with respect to
skills or specialties for which there is a
critical shortage of personnel.
Sec. 554. Amendments to education loan repayment programs.
Sec. 555. Recognition by States of living wills of members, certain
former members, and their dependents.
Sec. 556. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
Sec. 557. Army ranger training.
Sec. 558. Repeal of certain civil-military programs.
Sec. 559. Eligibility for Armed Forces Expeditionary Medal based upon
service in El Salvador.
Sec. 560. Revision and codification of Military Family Act and Military
Child Care Act.
Sec. 561. Discharge of members of the Armed Forces who have the HIV-1
virus.
Sec. 562. Authority to appoint Brigadier General Charles E. Yeager,
United States Air Forces (retired) to the
grade of major general on the retired list.
Sec. 563. Determination of whereabouts and status of missing persons.
Sec. 564. Nominations to service academies from Commonwealth of the
Northern Marianas Islands.
Sec. 565. Report on the consistency of reporting of fingerprint cards
and final disposition forms to the Federal
Bureau of Investigation.
Sec. 566. Separation benefits during force reduction for officers of
commissioned corps of National Oceanic and
Atmospheric Administration.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members
without dependents residing in Government
quarters.
Sec. 603. Authorization of payment of basic allowance for quarters to
additional members assigned to sea duty.
Sec. 604. Establishment of minimum amounts of variable housing
allowance for high housing cost areas and
additional limitation on reduction of
allowance for certain members.
Sec. 605. Clarification of limitation on receipt of family separation
allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse
officer candidates, registered nurses, and
nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Codification and extension of special pay for critically
short wartime health specialists in the
Selected Reserves.
Sec. 615. Change in eligibility requirements for continuous monthly
aviation incentive pay.
Sec. 616. Continuous entitlement to career sea pay for crewmembers of
ships designated as tenders.
Sec. 617. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Authorization of return to United States of formerly
dependent children of members.
Sec. 622. Authorization of dislocation allowance for moves in
connection with base realignments and
closures.
.Sec. 623. Repeal of prohibition on payment of lodging expenses when
adequate Government quarters are available.
Subtitle D--Other Matters
Sec. 631. Elimination of unnecessary annual reporting requirements
regarding compensation matters.
Sec. 632. Study regarding joint process for determining location of
recruiting stations.
Sec. 633. Elimination of disparity between effective dates for military
and civilian retiree cost-of-living
adjustments for fiscal year 1996.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Modification of requirements regarding routine physical
examinations and immunizations under
CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death
and disability benefits for certain
Reservists.
Sec. 703. Medical and dental care for members of the Selected Reserve.
Subtitle B--TRICARE Program
Sec. 711. Priority use of military treatment facilities for persons
enrolled in managed care initiatives.
Sec. 712. Staggered payment of enrollment fees for TRICARE.
Sec. 713. Requirement of budget neutrality for TRICARE to be based on
entire program.
Sec. 714. Training in health care management and administration for
TRICARE lead agents.
Sec. 715. Evaluation and report on TRICARE effectiveness.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Limitation on expenditures to support Uniformed Services
Treatment Facilities and limitation on
number of participants in USTF managed care
plans.
Sec. 722. Application of Federal acquisition regulation to
participation agreements with Uniformed
Services Treatment Facilities.
Sec. 723. Development of plan for integrating Uniformed Services
Treatment Facilities in managed care
programs of Department of Defense.
Sec. 724. Equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment
Facilities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care
providers under CHAMPUS.
Sec. 732. Expansion of existing restriction on use of defense funds for
abortions.
Sec. 733. Identification of third-party payer situations.
Sec. 734. Redesignation of Military Health Care Account as Defense
Health Program Account and two-year
availability of certain Account funds.
Sec. 735. Expansion of financial assistance program for health-care
professionals in reserve components to
include dental specialties.
Sec. 736. Elimination of unnecessary annual reporting requirements
regarding military health care.
Subtitle E--Other Matters
Sec. 741. Termination of program to train and utilize military
psychologists to prescribe psychotropic
medications.
Sec. 742. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Sec. 743. Notification of certain CHAMPUS covered beneficiaries of loss
of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in
civilian shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine
appropriate force levels of wartime medical
personnel.
Sec. 746. Study regarding expanded mental health services for certain
covered beneficiaries.
Sec. 747. Report on improved access to military health care for covered
beneficiaries entitled to Medicare.
Sec. 748. Sense of Congress on continuity of health care services for
covered beneficiaries adversely affected by
closures of military medical treatment
facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Competition
Sec. 801. Competition provisions.
Sec. 802. Preaward debriefings.
Sec. 803. Contract types.
Subtitle B--Commercial Items
Sec. 811. Commercial item exception to requirement for cost or pricing
data and information limitations.
Sec. 812. Application of simplified procedures to commercial items.
Sec. 813. Amendment to definition of commercial items.
Sec. 814. Inapplicability of cost accounting standards to contracts and
subcontracts for commercial items.
Subtitle C--Additional Reform Provisions
Sec. 821. Repeals of certain procurement provisions.
Sec. 822. Fees for certain testing services.
Sec. 823. Testing of defense acquisition programs.
Sec. 824. Coordination and communication of defense research
activities.
Sec. 825. Addition of certain items to domestic source limitation.
Sec. 826. Revisions to procurement notice provisions.
Sec. 827. Encouragement of use of leasing authority.
Sec. 828. Government reliance on the private sector.
Sec. 829. Elimination of certain certification requirements.
Sec. 830. Amendment to commencement and expiration of authority to
conduct certain tests of procurement
procedures.
Sec. 831. Procurement integrity.
Sec. 832. Further acquisition streamlining provisions.
Sec. 833. Justification of major defense acquisition programs not
meeting goals.
Sec. 834. Enhanced performance incentives for acquisition workforce.
Sec. 835. Results oriented acquisition program cycle.
Sec. 836. Rapid contracting goal.
Sec. 837. Encouragement of multiyear contracting.
Sec. 838. Contractor share of gains and losses from cost, schedule, and
performance experience.
Sec. 839. Phase funding of defense acquisition programs.
Sec. 840. Improved Department of Defense contract payment procedures.
Sec. 841. Consideration of past performance in assignment to
acquisition positions.
Sec. 842. Value engineering for Federal agencies.
Sec. 843. Acquisition workforce.
Sec. 844. Cost reimbursement rules for indirect costs attributable to
private sector work of defense contractors.
Subtitle D--Streamlining of Dispute Resolution
Part I--General Provisions
Sec. 850. Definitions.
Part II--Establishment of the United States Board of Contract Appeals
Sec. 851. Establishment.
Sec. 852. Membership.
Sec. 853. Chairman.
Sec. 854. Rulemaking authority.
Sec. 855. Litigation authority.
Sec. 856. Seal of Board.
Sec. 857. Authorization of appropriations.
Part III--Functions of United States Board of Contract Appeals
Sec. 861. Alternative dispute resolution services.
Sec. 862. Alternative dispute resolution of disputes and protests
submitted to Board.
Sec. 863. Contract disputes.
Sec. 864. Protests.
Sec. 865. Applicability to contracts for commercial items.
Part IV--Repeal of Other Statutes Authorizing Administrative Protests
Sec. 871. Repeals.
Part V--Transfers and Transitional, Savings, and Conforming Provisions
Sec. 881. Transfer and allocation of appropriations and personnel.
Sec. 882. Terminations and savings provisions.
Sec. 883. Contract dispute authority of Board.
Sec. 884. References to agency boards of contract appeals.
Sec. 885. Conforming amendments.
Part VI--Effective Date; Interim Appointment and Rules
Sec. 891. Effective date.
Sec. 892. Interim appointment.
Sec. 893. Interim rules.
Subtitle E--Effective Dates and Implementation
Sec. 895. Effective date and applicability.
Sec. 896. Implementing regulations.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Reorganization of Office of the Secretary of Defense.
Sec. 902. Restructuring of Department of Defense acquisition
organization and workforce.
Sec. 903. Plan for incorporation of Department of Energy national
security functions in Department of
Defense.
Sec. 904. Change in titles of certain Marine Corps general officer
billets resulting from reorganization of
the Headquarters, Marine Corps.
Sec. 905. Inclusion of Information Resources Management College in the
National Defense University.
Sec. 906. Employment of civilians at the Asia-Pacific Center for
Security Studies.
Sec. 907. Continued operation of Uniformed Services University of the
Health Sciences.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Sec. 909. Naval Nuclear Propulsion Program.
Sec. 910. Aviation testing consolidation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of Classified Annex.
Sec. 1003. Improved funding mechanisms for unbudgeted operations.
Sec. 1004. Designation and liability of disbursing and certifying
officials.
Sec. 1005. Authority for obligation of certain unauthorized fiscal year
1995 defense appropriations.
Sec. 1006. Authorization of prior emergency supplemental appropriations
for fiscal year 1995.
Sec. 1007. Prohibition of incremental funding of procurement items.
Subtitle B--Naval Vessels and Shipyards
Sec. 1021. Contract options for LMSR vessels.
Sec. 1022. Vessels subject to repair under phased maintenance
contracts.
Sec. 1023. Clarification of requirements relating to repairs of
vessels.
Sec. 1024. Naming of naval vessel.
Sec. 1025. Transfer of riverine patrol craft.
Subtitle C--Other Matters
Sec. 1031. Termination and modification of authorities regarding
national defense technology and industrial
base, defense reinvestment, and defense
conversion programs.
Sec. 1032. Repeal of miscellaneous provisions of law.
Sec. 1033. Policy concerning excess defense industrial capacity.
Sec. 1034. ROTC access to campuses.
Sec. 1035. Application of Buy American Act principles.
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1101. Specification of Cooperative Threat Reduction programs.
Sec. 1102. Fiscal year 1996 authorization.
Sec. 1103. Repeal of demilitarization enterprise fund authority.
Sec. 1104. Prohibition on use of funds for peacekeeping exercises and
related activities with Russia.
Sec. 1105. Revision to authority for assistance for weapons
destruction.
Sec. 1106. Prior notice to Congress of obligation of funds.
Sec. 1107. Report on accounting for United States assistance.
Sec. 1108. Limitation on Cooperative Threat Reduction program relating
to offensive biological weapons program in
Russia.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
Sec. 1201. Limitation on expenditure of Department of Defense funds for
United States forces placed under United
Nations command or control.
Sec. 1202. Limitation on use of Department of Defense funds for United
States share of costs of United Nations
peacekeeping activities.
Subtitle B--Humanitarian Assistance Programs
Sec. 1211. Overseas Humanitarian, Disaster, and Civic Aid programs.
Sec. 1212. Humanitarian assistance.
Sec. 1213. Landmine clearance program.
Subtitle C--Other Matters
Sec. 1221. Revision of definition of landmine for purposes of landmine
export moratorium.
Sec. 1222. Extension and amendment of counterproliferation authorities.
Sec. 1223. Prohibition on use of funds for activities associated with
the United States-People's Republic of
China Joint Defense Conversion Commission.
Sec. 1224. Defense export loan guarantees.
Sec. 1225. Accounting for burdensharing contributions.
Sec. 1226. Authority to accept contributions for expenses of relocation
within host nation of United States Armed
Forces overseas.
Sec. 1227. Sense of Congress on ABM treaty violations.
Sec. 1228. Reduction of United States military forces in Europe.
Sec. 1229. Sense of Congress concerning unilateral implementation of
Start II Treaty.
Sec. 1230. Sense of the Congress regarding the Chemical Weapons
Convention.
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.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for
construction of family housing, Scott Air
Force Base, Illinois.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2407. Limitation on expenditures for construction project at
Umatilla Army Depot, Oregon.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
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.
Sec. 2602. Correction in authorized uses of funds for Army National
Guard projects in Mississippi.
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 1993
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Alternative means of acquiring and improving military family
housing and supporting facilities for the
Armed Forces.
Sec. 2802. Inclusion of other Armed Forces in Navy program of limited
partnerships with private developers for
military housing.
Sec. 2803. Special unspecified minor construction thresholds for
projects to correct life, health, and
safety deficiencies and clarification of
unspecified minor construction authority.
Sec. 2804. Disposition of amounts recovered as a result of damage to
real property.
Sec. 2805. Rental of family housing in foreign countries.
Sec. 2806. Pilot program to provide interest rate buy down authority on
loans for housing within housing shortage
areas at military installations.
Subtitle B--Base Closure and Realignment
Sec. 2811. Authority to transfer property at military installations to
be closed to persons who construct or
provide military family housing.
Sec. 2812. Deposit of proceeds from leases of property located at
installations being closed or realigned.
Sec. 2813. Agreements for certain services at installations being
closed.
Sec. 2814. Removal of base closure properties from application of
section 501 of the Stewart B. McKinney
Homeless Assistance Act.
Subtitle C--Land Conveyances Generally
Sec. 2821. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2822. Land acquisition or exchange, Shaw Air Force Base, Sumter,
South Carolina.
Sec. 2823. Transfer of certain real property at Naval Weapons
Industrial Reserve Plant, Calverton, New
York, for use as national cemetery.
Sec. 2824. Land conveyance, Fort Ord, California.
Sec. 2825. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2826. Land conveyance, Naval Air Station, Pensacola, Florida.
Sec. 2827. Land conveyance, Avon Park Air Force Range, Sebring,
Florida.
Sec. 2828. Land conveyance, Parks Reserve Forces Training Area, Dublin,
California.
Sec. 2829. Land conveyance, Holston Army Ammunition Plant, Mount
Carmel, Tennessee.
Sec. 2830. Land conveyance, Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
Sec. 2831. Transfer of jurisdiction and land conveyance, Fort Devens
Military Reservation, Massachusetts.
Sec. 2832. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2833. Land conveyance alternative to existing lease authority,
Naval Supply Center, Oakland, California.
Sec. 2834. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2835. Modification of land conveyance, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2836. Land exchange, Fort Lewis, Washington.
Sec. 2837. Modification of existing land conveyance, Hamilton Air Force
Base.
Sec. 2838. Transfer of jurisdiction, Fort Bliss, Texas.
Subtitle D--Land Conveyances Involving Utilities
Sec. 2841. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2842. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2843. Conveyance of electrical distribution system, Fort Irwin,
California.
Subtitle E--Other Matters
Sec. 2851. Expansion of authority to sell electricity.
Sec. 2852. Authority for Mississippi State Port Authority to use Navy
property at Naval Construction Battalion
Center, Gulfport, Mississippi.
Sec. 2853. Prohibition on joint civil aviation use of Naval Air Station
Miramar, California.
Sec. 2854. Report regarding Army water craft support facilities and
activities.
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. Payment of penalties.
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.
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. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production.
Subtitle D--Other Matters
Sec. 3141. Report on foreign tritium purchases.
Sec. 3142. Study on nuclear test readiness postures.
Sec. 3143. Master plan on warheads in the enduring stockpile.
Sec. 3144. Prohibition on international inspections of Department of
Energy facilities unless protection of
restricted data is certified.
Sec. 3145. Accelerated schedule for environmental management
activities.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Fiscal year 1996 authorized uses of stockpile funds.
Sec. 3302. Preference for domestic upgraders in disposal of chromite
and manganese ores and chromium ferro and
manganese metal electrolytic.
Sec. 3303. Restrictions on disposal of manganese ferro.
Sec. 3304. Titanium initiative to support battle tank upgrade program.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1996.
Sec. 3403. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).
Sec. 3404. Study regarding future of naval petroleum reserves (other
than Naval Petroleum Reserve Numbered 1).
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B--Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of commission as government corporation.
Sec. 3523. Supervisory board.
Sec. 3524. International advisors.
Sec. 3525. General and specific powers of commission.
Sec. 3526. Congressional review of budget.
Sec. 3527. Audits.
Sec. 3528. Prescription of measurement rules and rates of tolls.
Sec. 3529. Procedures for changes in rules of measurement and rates of
tolls.
Sec. 3530. Miscellaneous technical amendments.
Sec. 3531. Conforming amendment to title 31, United States Code.
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
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Army as follows:
(1) For aircraft, $1,423,067,000.
(2) For missiles, $862,830,000.
(3) For weapons and tracked combat vehicles,
$1,359,664,000.
(4) For ammunition, $1,062,715,000.
(5) For other procurement, $2,545,587,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,106,488,000.
(2) For weapons, including missiles and torpedoes,
$1,626,411,000.
(3) For shipbuilding and conversion, $6,227,958,000.
(4) For other procurement, $2,461,472,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Marine Corps in the amount
of $399,247,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for Navy and the
Marine Corps in the amount of $461,779,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Air Force as follows:
(1) For aircraft, $7,031,952,000.
(2) For missiles, $3,430,083,000.
(3) For ammunition, $321,328,000.
(4) For other procurement, $6,784,801,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1996
for Defense-wide procurement in the amount of $2,205,917,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1996
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, $150,000,000.
(2) For the Air National Guard, $227,800,000.
(3) For the Army Reserve, $84,300,000.
(4) For the Naval Reserve, $86,000,000.
(5) For the Air Force Reserve, $171,200,000.
(6) For the Marine Corps Reserve, $50,700,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
(a) Authorization.--There is hereby authorized to be appropriated
for fiscal year 1996 the amount of $746,698,000 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.
(b) Allocation.--Of the funds specified in subsection (a)--
(1) $393,850,000 is for operations and maintenance;
(2) $299,448,000 is for procurement; and
(3) $53,400,000 is for research and development.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF HELICOPTERS.
The prohibition in section 133(a)(2) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1383) does not apply to the obligation of funds in amounts
not to exceed $125,000,000 for the procurement of not more than 20 OH-
58D AHIP Scout aircraft from funds appropriated for fiscal year 1996
pursuant to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act (22
U.S.C. 2761) is repealed.
Subtitle C--Navy Programs
SEC. 131. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUBMARINES.
Section 124 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2683) is repealed.
SEC. 132. REPEAL OF LIMITATION ON TOTAL COST FOR SSN-21 AND SSN-22
SEAWOLF SUBMARINES.
Section 122 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2682) is repealed.
SEC. 133. COMPETITION REQUIRED FOR SELECTION OF SHIPYARDS FOR
CONSTRUCTION OF VESSELS FOR NEXT GENERATION ATTACK
SUBMARINE PROGRAM.
(a) Competition Required.--The Secretary of the Navy shall select
on a competitive basis the shipyard for construction of each vessel for
the next generation attack submarine program.
(b) Program Identified.--The next generation attack submarine
program shall begin with the first submarine for which the Secretary of
the Navy enters into a contract for construction after the submarine
that is programmed to be constructed using funds appropriated for
fiscal year 1998.
SEC. 134. SONOBUOY PROGRAMS.
Of the amount provided in section 102(a)(4)--
(1) none of such amount shall be available for the AN/SSQ-
53 (DIFAR) program; and
(2) $8,902,000 shall be available for the AN/SSQ-110 (EER)
program.
Subtitle D--Air Force Programs
SEC. 141. REPEAL OF LIMITATIONS.
The following provisions of law are repealed:
(1) Section 112 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat.
1373).
(2) Section 151(c) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2339).
(3) Sections 131(c) and 131(d) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1569).
(4) Section 133(e) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2688).
Subtitle E--Chemical Demilitarization Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH
DEVELOPMENT OF CHEMICAL DEMILITARIZATION CRYOFRACTURE
FACILITY AT TOOELE ARMY DEPOT, UTAH.
Subsection (a) of section 173 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1393)
is repealed.
SEC. 152. SENSE OF CONGRESS REGARDING COST GROWTH IN PROGRAM FOR
DESTRUCTION OF THE EXISTING STOCKPILE OF LETHAL CHEMICAL
AGENTS AND MUNITIONS.
The Congress is concerned that growth in the estimated cost of the
program to demilitarize the United States' stockpile of lethal chemical
agents and munitions raises serious questions regarding that program.
Accordingly, it is the sense of Congress that the Secretary of Defense
should consider measures to reduce the overall cost of the chemical
stockpile demilitarization program, while minimizing total risk and
ensuring the maximum protection for the environment, the general
public, and the personnel involved in the destruction of lethal
chemical agents and munitions.
SEC. 153. ASSISTANCE FOR CHEMICAL WEAPONS STOCKPILE COMMUNITIES
AFFECTED BY BASE CLOSURE.
The Secretary of Defense shall review and evaluate issues
associated with closure and reutilization of Department of Defense
facilities co-located with continuing chemical stockpile and chemical
demilitarization operations. The review shall include analysis of the
economic impacts on these communities and the unique reuse problems
facing local communities associated with ongoing chemical weapons
programs. The review should also include recommendations from the
Secretary on methods for expeditious and cost-effective transfer of
these facilities to local communities for base reuse or privatization.
The Secretary shall submit to Congress a report on the review and
evaluation not later than 90 days after the date of the enactment of
this Act.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,774,947,000.
(2) For the Navy, $8,516,509,000.
(3) For the Air Force, $13,184,102,000.
(4) For Defense-wide activities, $9,548,986,000, of which
$239,341,000 is authorized for the activities of the Director,
Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be appropriated
by section 201, $4,181,076,000 shall be available for basic research
and exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--For
purposes of this section, the term ``basic research and exploratory
development'' means work funded in program elements for defense
research and development under Department of Defense category 6.1 or
6.2.
SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Purposes of Program.--Section 2901(b) of title 10, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``and the Department of
Energy''; and
(B) by striking out ``their'' and inserting in lieu
thereof ``its'';
(2) by striking out paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Council.--Section 2902 of such title is amended--
(1) in subsection (b)--
(A) by striking out ``thirteen'' and inserting in
lieu thereof ``12'';
(B) by striking out paragraph (3);
(C) by redesignating paragraphs (4), (5), (6), (7),
(8), (9), and (10) as paragraphs (3), (4), (5), (6),
(7), (8), and (9), respectively; and
(D) in paragraph (8), as redesignated, by striking
out ``, who shall be nonvoting members'';
(2) in subsection (d)--
(A) by striking out paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3)
and in that paragraph by striking out ``Federal
Coordinating Council on Science, Engineering, and
Technology'' and inserting in lieu thereof ``National
Science and Technology Council''; and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(3) in subsection (e)--
(A) by striking out paragraphs (1), (2), and (3);
(B) by redesignating paragraphs (4), (5), (6), (7),
(8), (9), and (10) as paragraphs (1), (2), (3), (4),
(5), (6), and (7) respectively;
(C) in paragraph (2), as redesignated, by striking
out ``such national and international environmental
problems as climate change and ozone depletion'' and
inserting in lieu thereof ``national and international
environmental problems''; and
(D) in paragraph (4), as redesignated, by striking
out ``clauses (2) through (6)'' and inserting in lieu
thereof ``paragraphs (1) through (3)'';
(4) by striking out subsections (f) and (h); and
(5) by redesignating subsection (g) as subsection (f).
(c) Competitive Procedures.--Section 2903(c) of such title is
amended--
(1) by striking out ``or'' after ``contracts'' and
inserting in lieu thereof ``using competitive procedures. The
Executive Director may enter into''; and
(2) by striking out ``law, except that'' and inserting in
lieu thereof ``law. In either case,''.
(d) Scientific Advisory Board.--Section 2904 of such title is
amended--
(1) in subsection (a)--
(A) by striking out ``and the Secretary of
Energy''; and
(B) by inserting after ``in consultation with'' the
following: ``the Secretary of Energy and'';
(2) in subsection (b)--
(A) by striking out paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3)
and in that paragraph by striking out ``three'' and
inserting in lieu thereof ``not less than two years and
not more than six'';
(3) by striking out subsections (g) and (h); and
(4) by redesignating subsection (i) as subsection (g).
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount appropriated pursuant to
the authorization in section 201(3)--
(1) $100,000,000 shall be available for a competitive
reusable rocket technology program (PE 63401F); and
(2) $7,500,000 shall be available for evaluation of
prototype hardware of low-cost expendable launch vehicles (PE
63401F).
(b) Limitation.--Funds made available pursuant to subsection (a)(1)
may be obligated only to the extent that the fiscal year 1996 current
operating plan of the National Aeronautics and Space Administration
allocates at least an equal amount for its Reusable Space Launch
program.
SEC. 212. MANEUVER VARIANT UNMANNED AERIAL VEHICLE.
None of the amounts appropriated or otherwise made available
pursuant to the authorizations in section 201 may be obligated for the
Maneuver Variant Unmanned Aerial Vehicle.
SEC. 213. TACTICAL MANNED RECONNAISSANCE.
None of the amounts appropriated or otherwise made available
pursuant to an authorization in this Act may be used by the Secretary
of the Air Force to conduct research, development, test, or evaluation
for a replacement aircraft, pod, or sensor payload for the tactical
manned reconnaissance mission.
SEC. 214. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2693) is amended--
(1) in subsection (a), by striking out ``to help achieve''
and all that follows through the end of the subsection and
inserting in lieu thereof ``to ensure that lithographic
processes being developed by American-owned manufacturers
operating in the United States will lead to superior
performance electronics systems for the Department of Defense.
For purposes of the preceding sentence, the term `American-
owned manufacturers' means a manufacturing company or other
business entity the majority ownership or control of which is
by United States citizens.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) The Director of the Defense Advanced Research Projects Agency
may set priorities and funding levels for various technologies being
developed for the ALP and shall consider funding recommendations by the
SIA as advisory.''.
SEC. 215. ENHANCED FIBER OPTIC GUIDED MISSILE SYSTEM.
(a) Certification.--Not later than December 1, 1995, the Secretary
of the Army shall certify to the congressional defense committees
whether there is a requirement for the enhanced fiber optic guided
missile (EFOG-M) system and whether there is a cost and effectiveness
analysis supporting such requirement.
(b) Limitations.--(1) The Secretary of the Army may not obligate
more than $280,000,000 (based on fiscal year 1995 constant dollars) to
develop and deliver for test and evaluation by the Army the following
items:
(A) 44 EFOG-M test missiles.
(B) 256 fully operational EFOG-M missiles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the EFOG-M
system after September 30, 1998, if the items described in paragraph
(1) have not been delivered to the Army by that date at the cost
estimated for such system as of the date of the enactment of this Act.
(c) Government-Furnished Equipment.--The Secretary of the Army
shall assure that all Government-furnished equipment that the Army
agrees to provide under the contract for the EFOG-M system is provided
to the prime contractor in accordance with the terms of the contract.
SEC. 216. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amount appropriated pursuant to
the authorizations in section 201, $280,156,000 shall be available for
the Joint Advanced Strike Technology (JAST) program. Of that amount--
(1) $123,795,000 shall be available for PE 63800N;
(2) $125,686,000 shall be available for PE 63800F; and
(3) $30,675,000 shall be available for PE 63800E.
(b) Limitation.--Not more than 75 percent of the amount
appropriated for such program pursuant to the authorizations in section
201 may be obligated until a period of 30 days has expired after the
report specified in subsection (c) is submitted to the congressional
defense committees.
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified and
classified form, not later than March 1, 1996, that sets forth in
detail the following information for the period 1997 through 2005:
(1) What the total joint requirement, under two major
regional contingency (MRC) assumptions, is for the following:
(A) Numbers of tactical combat aircraft and the
characteristics required of those aircraft in terms of
capabilities, range, and observability-stealthiness.
(B) Surface- and air-launched standoff precision
guided munitions.
(C) Cruise missiles.
(D) Ground-based systems, such as Extended Range-
Multiple Launch Rocket System and the Army Tactical
Missile System (ATACMS), for joint warfighting
capability.
(2) What the major regional contingency warning time
assumptions are, and what the effect on future tactical
fighter/attack aircraft requirements are using other warning
time assumptions.
(3) What requirements exist for the Joint Advanced Strike
Technology program that cannot be met by existing aircraft or
by those in development.
SEC. 217. DEVELOPMENT OF LASER PROGRAM.
(a) Laser Program.--The amount authorized for appropriation by
section 201 is hereby increased by $9,000,000, to be used for the
development by the Naval High Energy Laser Office of a continuous wave,
superconducting radio frequency free electron laser program.
(b) Offset.--The amount authorized by section 201 is hereby reduced
by $9,000,000, of which--
(1) $7,000,000 shall be derived from amounts authorized for
experimental evaluation of major innovative technologies (PE
63226E); and
(2) $2,000,000 shall be derived from amounts authorized for
the space test program (PE 63402F).
Subtitle C--Ballistic Missile Defense Act of 1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Ballistic Missile Defense Act
of 1995''.
SEC. 232. BALLISTIC MISSILE DEFENSE POLICY OF THE UNITED STATES.
It is the policy of the United States--
(1) to deploy at the earliest practical date highly
effective theater missile defenses (TMDs) to protect forward-
deployed and expeditionary elements of the Armed Forces of the
United States and to complement and support the missile defense
capabilities of friendly forces and of allies of the United
States; and
(2) to deploy at the earliest practical date a national
missile defense (NMD) system that is capable of providing a
highly effective defense of the United States against limited
ballistic missile attacks.
SEC. 233. IMPLEMENTATION OF POLICY.
(a) TMD Deployment.--To implement the policy established in section
232(1), the Secretary of Defense shall develop and deploy at the
earliest practical date advanced theater missile defense (TMD) systems.
(b) NMD System Architecture.--To implement the policy established
in section 232(2), the Secretary of Defense shall develop for
deployment at the earliest practical date an affordable, operationally-
effective National Missile Defense (NMD) system designed to protect the
United States against limited ballistic missile attacks. The system to
be developed for deployment shall include the following:
(1) Up to 100 ground-based interceptors at a single site or
a greater number of interceptors at a number of sites, as
determined necessary by the Secretary.
(2) Fixed, ground-based radars.
(3) Space-based sensors, including, within the type of
space-based sensors known as ABM-adjunct sensors (such sensors
not being prohibited by the ABM Treaty), those sensor systems
(such as the Space and Missile Tracking System) that are
capable of cuing ground-based anti-ballistic missile
interceptors and of providing initial targeting vectors.
(4) Battle management, command, control, and
communications.
(c) Report on Plan for Deployment.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report setting forth
the Secretary's plan for--
(1) the deployment of advanced theater missile defense
(TMD) systems pursuant to subsection (a); and
(2) the deployment of a national missile defense system
which meets the requirements specified in subsection (b).
SEC. 234. FOLLOW-ON TECHNOLOGIES RESEARCH AND DEVELOPMENT.
(a) Follow-on National and Theater Missile Defense Technology.--The
Secretary shall pursue research and development of technologies and
systems related to national missile defense and theater missile defense
in order to provide future options for--
(1) protecting the United States against limited ballistic
missile attacks; and
(2) defending forward-deployed and expeditionary elements
of the Armed Forces of the United States and complementing and
supporting the missile defense capabilities of friendly forces
and allies of the United States.
(b) Exclusion of Certain Systems From Initial Deployment.--The
initial National Missile Defense system architecture developed for
deployment pursuant to section 233(b) may not include--
(1) ground-based or space-based directed energy weapons; or
(2) space-based interceptors.
SEC. 235. POLICY ON COMPLIANCE WITH THE ABM TREATY.
(a) Policy Concerning Systems Subject to ABM Treaty.--Congress
finds that, unless and until a missile defense system, system upgrade,
or system component is flight tested in an ABM-qualifying flight test
(as defined in subsection (c)), such system, system upgrade, or system
component--
(1) has not, for purposes of the ABM Treaty, been tested in
an ABM mode nor been given capabilities to counter strategic
ballistic missiles; and
(2) therefore is not subject to any application,
limitation, or obligation under the ABM Treaty.
(b) Prohibitions.--(1) Funds appropriated to the Department of
Defense may not be obligated or expended for the purpose of--
(A) prescribing, enforcing, or implementing any Executive
order, regulation, or policy that would apply the ABM Treaty
(or any limitation or obligation under such Treaty) to
research, development, testing, or deployment of a theater
missile defense system, a theater missile defense system
upgrade, or a theater missile defense system component; or
(B) taking any other action to provide for the ABM Treaty
(or any limitation or obligation under such Treaty) to be
applied to research, development, testing, or deployment of a
theater missile defense system, a theater missile defense
system upgrade, or a theater missile defense system component.
(2) This subsection applies with respect to each missile defense
system, missile defense system upgrade, or missile defense system
component that is capable of countering modern theater ballistic
missiles.
(3) This subsection shall cease to apply with respect to a missile
defense system, missile defense system upgrade, or missile defense
system component when that system, system upgrade, or system component
has been flight tested in an ABM-qualifying flight test.
(c) ABM-Qualifying Flight Test Defined.--For purposes of this
section, an ABM-qualifying flight test is a flight test against a
ballistic missile which, in that flight test, exceeds (1) a range of
3,500 kilometers, or (2) a velocity of 5 kilometers per second.
SEC. 236. BALLISTIC MISSILE DEFENSE PROGRAM ACCOUNTABILITY.
(a) Annual BMD Programs Report.--The Secretary of Defense shall
submit to the congressional defense committees an annual report
describing the technical milestones, schedule, and cost of each
ballistic missile defense program specified in subsection (c).
(b) Matters To Be Included.--Each report under subsection (a) shall
list all technical milestones, program schedule milestones, and costs
of each phase of development and acquisition, together with total
estimated program costs, covering the entire life of each program
specified in subsection (c).
(c) Covered Programs.--The reports under this section shall cover
the following programs:
(1) Theater High Altitude Area Defense (THAAD).
(2) Patriot Advanced Capability-3.
(3) Navy Lower Tier.
(4) Navy Upper Tier.
(5) Corps Surface-to-Air Missile.
(6) Hawk.
(7) Boost Phase Intercept.
(8) National Missile Defense.
(9) Arrow.
(10) Medium Extended Air Defense.
(11) Any theater missile defense program or national
missile defense program which the Department of Defense
initiates after the date of the enactment of this Act.
(d) Variance Reporting Requirements.--(1) In the annual report
under this section, the Secretary shall describe, with respect to each
program covered in the report, any difference in the technical
milestones, program schedule milestones, and costs for that program--
(A) compared with the information relating to that program
in the report submitted in the previous year; and
(B) compared with the information relating to that program
in the first report submitted under this section in which that
program is covered.
(2) Paragraph (1)(A) shall not apply to the first report submitted
under this section.
(e) Date of Submission.--The report required by this section for
any year shall be submitted not later than 30 days after the date on
which the President's budget for the next fiscal year is submitted,
except that the first report shall be submitted not later than 90 days
after the date of the enactment of this Act.
SEC. 237. ABM TREATY DEFINED.
For purposes of this subtitle and subtitle D, the term ``ABM
Treaty'' means the Treaty Between the United States 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 Protocols
to that Treaty, signed at Moscow on July 3, 1974.
SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 is repealed.
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 241. BALLISTIC MISSILE DEFENSE FUNDING FOR FISCAL YEAR 1996.
Of the amounts authorized to be appropriated pursuant to section
201 for fiscal year 1996 or otherwise made available to the Department
of Defense for fiscal year 1996, not more than $3,070,199,000 may be
obligated for Ballistic Missile Defense programs.
SEC. 242. POLICY CONCERNING BALLISTIC MISSILE DEFENSE.
(a) Ballistic Missile Defense and Other Counterproliferation
Efforts.--The Congress views the deployment of ballistic missile
defenses as a necessary, but not sufficient, element of a broader
strategy to discourage both the proliferation of weapons of mass
destruction and the proliferation of means of their delivery and to
defend against the consequences of such proliferation. The Congress,
therefore, endorses and supports measures designed to slow or halt the
proliferation of advanced technologies that pose a threat to the safety
and security of the United States and to international stability.
(b) Ballistic Missile Defense and Strategic Stability.--(1) The
Congress views the deployment of ballistic missile defenses as a
strategically stabilizing measure.
(2) The deployment of Theater Missile Defense systems at the
earliest practical date pursuant to section 232(a)(1) will deny
potential adversaries the option of escalating a conflict by
threatening or attacking United States forces, coalition partners of
the United States, or allies of the United States with ballistic
missiles armed with weapons of mass destruction to offset the
operational and technical advantages of the United States and its
coalition partners and allies.
(3) The deployment of a National Missile Defense system at the
earliest practical date pursuant to section 232(a)(2) against the
threat of limited ballistic missile attacks--
(A) will strengthen deterrence at the levels of forces
agreed to by the United States and Russia under the Strategic
Arms Reduction Talks Treaties (START-I and START-II); and
(B) would further strengthen deterrence if reductions below
the levels permitted under START-II should be agreed to in the
future.
(c) Presidential Discussions With Other Nations.--(1) The
Congress--
(A) notes that on the basis of section 235 it is no longer
necessary for the United States to continue discussions with
Russia to clarify the distinction between ABM and TMD systems
and, therefore, urges the President to discontinue any such
discussions;
(B) notes that the ABM Treaty prohibits deployment of
ground-based interceptors in a number that would be sufficient
to assure that the entire continental United States, Alaska,
and Hawaii are defended against limited ballistic missile
attacks; and
(C) notes that past discussions with Russia, based on
Russian President Yeltsin's proposal for a Global Protection
System, held promise of an agreement to amend the ABM Treaty to
allow defense against a limited ballistic missile attack that
would have included (among other measures) permitted deployment
of as many as four ground-based interceptor sites in addition
to the one site currently permitted under the ABM Treaty and
unrestricted exploitation of ground-based and space-based
sensors.
(2) In light of the findings in paragraph (1), Congress urges the
President to pursue high-level discussions with Russia to amend the ABM
Treaty to permit--
(A) deployment of the number of ground-based ABM sites
necessary to provide effective defense of the entire territory
of the United States against limited ballistic missile attack;
and
(B) the unrestricted exploitation of sensors based within
the atmosphere and in space.
(3) It is in the interest of the United States to develop its own
missile defense capabilities in a manner that will permit the United
States to complement and support the missile defense capabilities
developed and deployed by its allies and possible coalition partners.
Therefore, the Congress urges the President--
(A) to pursue high-level discussions with allies and
selected other states on the means and methods by which the
parties on a bilateral basis can cooperate in the development,
deployment, and operation of ballistic missile defenses;
(B) to take the initiative within the North Atlantic Treaty
Organization to develop consensus in the Alliance for a timely
deployment of effective ballistic missile defenses by the
Alliance; and
(C) in the interim, to seek agreement with allies and
selected other states on steps the parties should take,
consistent with their national interests, to reduce the risks
posed by the threat of limited ballistic missile attacks, such
steps to include--
(i) the sharing of early warning information
derived from sensors deployed by the United States and
other states;
(ii) the exchange on a reciprocal basis of
technical data and technology to support both joint
development programs and the sale and purchase of
missile defense systems and components; and
(iii) operational level planning to exploit current
missile defense capabilities and to help define future
requirements.
SEC. 243. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Subsection (a) of section 237 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1600) is
amended to read as follows:
``(a) Testing of Theater Missile Defense Interceptors.--(1) The
Secretary of Defense may not approve a theater missile defense
interceptor program proceeding beyond the low-rate initial production
acquisition stage until the Secretary certifies to the congressional
defense committees that such program has successfully completed initial
operational test and evaluation.
``(2) In order to be certified under paragraph (1) as having been
successfully completed, the initial operational test and evaluation
conducted with respect to an interceptors program must have included
flight tests--
``(A) that were conducted with multiple interceptors and
multiple targets in the presence of realistic countermeasures;
and
``(B) the results of which demonstrate the achievement by
the interceptors of the baseline performance thresholds.
``(3) For purposes of this subsection, the baseline performance
thresholds with respect to a program are the weapons systems
performance thresholds specified in the baseline description for the
system established (pursuant to section 2435(a)(1) of title 10, United
States Code) before the program entered the engineering and
manufacturing development stage.
``(4) The number of flight tests described in paragraph (2) that
are required in order to make the certification under paragraph (1)
shall be a number determined by the Secretary of Defense to be
sufficient for the purposes of this section.
``(5) The Secretary may augment live-fire testing to demonstrate
weapons system performance goals for purposes of the certification
under paragraph (1) through the use of modeling and simulation that is
validated by ground and flight testing.''.
SEC. 244. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) Section 222 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 613; 10 U.S.C. 2431
note).
(2) Section 225 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 614).
(3) Section 226 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1057; 10 U.S.C. 2431 note).
(4) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 102 Stat. 2270-
40).
(5) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1211).
(6) Section 234 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1595; 10
U.S.C. 2431 note).
Subtitle E--Other Matters
SEC. 251. ALLOCATION OF FUNDS FOR MEDICAL COUNTERMEASURES AGAINST
BIOWARFARE THREATS.
Section 2370a of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``Department of
Defense--'' and all that follows through ``not more than 20
percent'' and inserting in lieu thereof ``Department of
Defense, not more than 50 percent''; and
(2) in subsection (b), by striking out paragraph (2) and
redesignating paragraphs (3), (4), and (5) as paragraphs (2),
(3), and (4), respectively.
SEC. 252. ANALYSIS OF CONSOLIDATION OF BASIC RESEARCH ACCOUNTS OF
MILITARY DEPARTMENTS.
(a) Analysis Required.--The Secretary of Defense shall conduct an
analysis of the cost and effectiveness of consolidating the basic
research accounts of the military departments. The analysis shall
determine potential infrastructure savings and other benefits of co-
locating and consolidating the management of basic research.
(b) Deadline.--On or before March 1, 1996, 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
on the analysis conducted under subsection (a).
SEC. 253. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO FISCAL YEAR
FOR ANNUAL REPORT ON CERTAIN CONTRACTS TO COLLEGES AND
UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is amended--
(1) by striking out ``calendar year'' and inserting in lieu
thereof ``fiscal year''; and
(2) by striking out ``after the year'' and inserting in
lieu thereof ``after the fiscal year''.
SEC. 254. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1701) is amended--
(1) in subsections (a) and (b), by striking out ``shall''
both places it appears and inserting in lieu thereof ``may'';
and
(2) in subsection (e), by striking out the sentence
beginning with ``Such selection process''.
SEC. 255. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) Authority to Use Funds for Alternative Propellant
Technologies.--During fiscal year 1996, the Secretary of the Army may
use funds appropriated for the liquid propellant portion of the
Advanced Field Artillery System (Crusader) program for fiscal year 1996
for alternative propellant technologies and integration of those
technologies into the design of the Crusader system if--
(1) the Secretary determines that the technical risk
associated with liquid propellant will increase costs and delay
the initial operational capability of the Crusader system; and
(2) the Secretary notifies the congressional defense
committees of the proposed use of the funds and the reasons for
the proposed use of the funds.
(b) Limitation.--The Secretary of the Army may not spend funds for
the liquid propellant portion of the Crusader system after August 1,
1996, unless significant progress has been made toward meeting the
objectives set forth in subsection (c) and the statement described in
subsection (d) has been submitted to the congressional defense
committees.
(c) Objectives.--The objectives referred to in subsection (b) are
the following:
(1) Breech and ignition design criteria for rate of fire
for the cannon of the Crusader system have been met.
(2) The final ignition concept has been designed and
successfully bench tested for the next prototype of the cannon
of the Crusader system.
(3) Designs to prevent chamber piston reversals have been
tested in a fixed weapons test stand.
(4) The chemistry and physics of propellant burn resulting
from the firing of liquid propellant into any target zone are
fully understood, and predictable firings have been
demonstrated.
(5) An analysis of the management of heat dissipation has
been made for the full range of performance requirements for
the cannon, and concept designs supported by that analysis are
completed and proposed for engineering.
(6) Engineering designs to control pressure oscillations in
the chamber during firing are proven and planned for
integration into the next prototype of the cannon.
(7) Fill designs for the cannon chamber that focus on
preventing future chamber explosions have been electronically
simulated and bench tested.
(8) An assessment of the sensitivity of liquid propellant
to contamination by various materials to which it may be
exposed throughout the handling and operation of the cannon is
completed.
(d) Statement.--The statement referred to in subsection (b) is a
statement submitted to the congressional defense committees not later
than March 30, 1996, that contains the following:
(1) An assertion that all the hazards associated with
liquid propellent have been identified and are controllable to
acceptable levels.
(2) An assessment of the technology for each component of
the Crusader system (the cannon, vehicle, and crew module). The
technology assessment shall include, for each performance goal
of the Crusader system (including total system weight),
information about the maturity of the technology to achieve
that goal, the maturity of the design of the technology, and
the manner in which the design has been proven (for example,
through simulation, bench testing, or weapon firing).
(3) An assessment of the cost of continued development of
the Crusader system after August 1, 1996, the cost of each unit
of the Crusader system in the year the Crusader system will be
completed, and the cost of each unit of the Future Armored
Resupply Vehicle (FARV) in the year that vehicle will be
completed.
SEC. 256. REVIEW OF C<SUP>4I BY NATIONAL RESEARCH COUNCIL.
(a) Review by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall enter into a contract with the National Research Council of the
National Academy of Sciences to conduct a comprehensive review of
current and planned service and defense-wide programs for command,
control, communications, computers, and intelligence (C<SUP>4I) with a
special focus on cross-service and inter-service issues.
(b) Matters To Be Assessed in Review.--The review shall address the
following:
(1) The match between the capabilities provided by current
service and defense-wide C<SUP>4I programs and the actual needs
of users of these programs.
(2) The interoperability of service and defense-wide
C<SUP>4I systems that are planned to be operational in the
future.
(3) The need for an overall defense-wide architecture for
C<SUP>4I.
(4) Proposed strategies for ensuring that future C<SUP>4I
acquisitions are compatible and interoperable with an overall
architecture.
(5) Technological and administrative aspects of the
C<SUP>4I modernization effort to determine the soundness of the
underlying plan and the extent to which it is consistent with
concepts for joint military operations in the future.
(c) Two-Year Period for Conducting Review.--The National Research
Council shall conduct the review over the two-year period beginning
upon completion of the performance of the contract described in
subsection (a).
(d) Reports.--(1) The National Research Council shall submit to the
Department of Defense and Congress interim reports and progress updates
on a regular basis as the review proceeds. A final report on the review
shall set forth the findings, conclusions, and recommendations of the
Council for defense-wide and service C<SUP>4I programs and shall be
submitted to the Committee on Armed Services of the Senate, the
Committee on National Security of the House of Representatives, and the
Secretary of Defense.
(2) To the maximum degree possible, the final report shall be
submitted in unclassified form with classified annexes as necessary.
(e) Interagency Cooperation With Study.--All military departments,
defense agencies, and other components of the Department of Defense
shall cooperate fully with the National Research Council in its
activities in carrying out the review under this section.
(f) Expedited Processing of Security Clearances for Study.--For the
purpose of facilitating the commencement of the study under this
section, the Secretary of Defense shall expedite to the fullest degree
possible the processing of security clearances that are necessary for
the National Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated in
section 201 for defense-wide activities, $900,000 shall be available
for the study under this section.
SEC. 257. FIVE-YEAR PLAN FOR FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS (FFRDCS).
(a) Five-Year Plan.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall develop a five-year
plan to reduce and consolidate the activities performed by federally
funded research and development centers (FFRDCs) and establish a
framework for the future workload of such centers.
(b) Objectives.--The plan shall set forth the manner in which the
Secretary of Defense could achieve by October 1, 2000, the following:
(1) Implementation by federally funded research and
development centers of only those core activities, as defined
by the Secretary, that require the unique capabilities and
arrangements afforded by such centers.
(2) Consolidation of such core level activities into as few
federally funded research and development centers as is
practical and possible.
(3) Acquisition of systems engineering and systems
integration activities currently performed by federally funded
research and development centers through the use of competitive
procedures.
(4) Transfer of the management of the Software Engineering
Institute activities to the Defense Information Systems Agency
for purposes of supporting command, control, communications,
computing, and intelligence (C<SUP>4I) programs.
(5) Transfer of the management of the core activities of
Lincoln Laboratory to the Office of the Secretary of Defense.
(6) Acquisition of services provided to the Department of
Defense by university-affiliated research centers (that operate
like federally funded research and development centers) through
the use of competitive procedures.
(c) Other Matters.--The plan also shall include the following:
(1) An assessment of the number of staff needed in each
federally funded research and development center during each
year over the five years covered by the plan.
(2) A specific timetable for phasing in the objectives set
forth in subsection (b).
(d) Report.--Not later than February 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a report
on the plan.
(e) Undistributed Reduction.--The total amount authorized to be
appropriated for research, development, test, and evaluation in section
201 for federally funded research and development centers and
university-affiliated research centers is hereby reduced by
$90,097,000.
SEC. 258. MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2525 of title 10, United States Code, is
amended as follows:
(1) The heading is amended by striking out the second and
third words.
(2) Subsection (a) is amended by striking out ``Science
and''.
(3) Subsection (d) is amended--
(A) in paragraph (2)--
(i) by striking out ``or'' at the end of
subparagraph (A);
(ii) by striking out the period at the end
of subparagraph (B) and inserting in lieu
thereof ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) will be carried out by an institution of higher
education.''; and
(B) by adding at the end the following new
paragraph:
``(3) At least 25 percent of the funds available for the program
each fiscal year shall be used for awarding grants and entering into
contracts, cooperative agreements, and other transactions on a cost-
share basis under which the ratio of recipient costs to Government
costs is two to one.''.
(b) Clerical Amendment.--The item relating to section 2525 in the
table of sections at the beginning of chapter 148 of title 10, United
States Code, is amended to read as follows:
``2525. Manufacturing technology program.''.
SEC. 259. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE LABORATORIES AND
TEST AND EVALUATION CENTERS.
(a) Five-Year Plan.--The Secretary of Defense shall develop a five-
year plan to consolidate and restructure the laboratories and test and
evaluation centers of the Department of Defense.
(b) Objective.--The plan shall set forth the specific actions
needed to consolidate the laboratories and test and evaluation centers
into as few laboratories and centers as is practical and possible, in
the judgment of the Secretary, by October 1, 2005.
(c) Matters To Be Considered.--In developing the plan, the
Secretary shall consider the following:
(1) Consolidation of common support functions, including
the following:
(A) Aircraft (fixed wing and rotary).
(B) Weapons.
(C) Space systems.
(D) Command, control, communications, computers,
and intelligence.
(2) The extent to which any military construction is
planned at the laboratories and centers.
(3) The encroachment on the laboratories and centers by
residential and industrial expansion.
(4) The cost of operations and maintenance at the
laboratories and centers.
(5) The cost of environmental remediation at the
laboratories and centers.
(d) Report.--Not later than May 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees a report on the
plan.
(e) Limitation.--Of the amounts appropriated or otherwise made
available pursuant to an authorization in section 201 for the central
test and evaluation investment development program, not more than 40
percent may be obligated before the report required by subsection (d)
is submitted to Congress.
SEC. 260. AERONAUTICAL RESEARCH AND TEST CAPABILITIES ASSESSMENT.
(a) Policy.--(1) It is in the Nation's long-term national security
interests to maintain preeminence in the area of aeronautical research
and test capabilities.
(2) Continued advances in aeronautical science and engineering are
critical to sustaining the strategic and tactical air superiority of
the United States and coalition forces, as well as United States
economic security and international aerospace leadership.
(3) Encouragement of active Department of Defense partnership with
other Government agencies, academic institutions, and private industry
to develop, maintain, and enhance aeronautical research and test
capabilities is in the national security and economic interest of the
Department and the United States.
(b) Review.--(1) In pursuit of the aeronautical research and test
capabilities policy set forth in subsection (a), the Secretary of
Defense shall conduct a comprehensive review of the aeronautical
research and test facilities and capabilities of the United States in
order to assess the current condition of such facilities and
capabilities.
(2) The review shall identify options for providing affordable,
operable, reliable, and responsive long-term aeronautical research and
test capabilities for military and civilian purposes and for the
organization and conduct of such capabilities within the Department or
through shared operations with other Government agencies, academic
institutions, and private industry. The review also shall set forth in
detail the projected costs of such options, including costs of
acquisition and technical and financial arrangements (including the use
of Government facilities for reimbursable private use).
(c) Report.--Not later than March 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees a report setting
forth in detail the findings of the review required by subsection (b).
The report shall include recommendations on the most efficient and
economic means of developing, maintaining, and continually modernizing
aeronautical research and test capabilities to meet current, planned,
and prospective military and civilian needs.
SEC. 261. LIMITATION ON T-38 AVIONICS UPGRADE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure that, in
evaluating proposals submitted in response to a solicitation issued for
a contract for the T-38 Avionics Upgrade Program, the proposal of an
entity may not be considered unless--
(1) in the case of an entity that conducts substantially
all of its business in a foreign country, the foreign country
provides equal access to similar contract solicitations in that
country to United States entities; and
(2) in the case of an entity that conducts business in the
United States but that is owned or controlled by a foreign
government or by an entity incorporated in a foreign country,
the foreign government or foreign country of incorporation
provides equal access to similar contract solicitations in that
country to United States entities.
(b) Definition.--In this section, the term ``United States entity''
means an entity that is owned or controlled by persons a majority of
whom are United States citizens.
SEC. 262. CROSS REFERENCE TO CONGRESSIONAL DEFENSE POLICY CONCERNING
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE, REINVESTMENT,
AND CONVERSION IN OPERATION OF DEFENSE RESEARCH AND
DEVELOPMENT PROGRAMS.
(a) Section 2358 Projects.--Section 2358(a)(2)(B) of title 10,
United States Code, is amended by inserting before the period the
following: ``and advance the defense policies and objectives specified
in section 2501 of this title''.
(b) Section 2371 Projects.--Section 2371(a) of such title is
amended by inserting before the period in the first sentence the
following: ``for the purpose of advancing the defense policies and
objectives specified in section 2501 of this title''.
SEC. 263. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in section
201 for the joint Department of Defense-Department of Energy munitions
technology development program (PE 63225D), $15,000,000 shall be
available for cooperative development and demonstration of processes
that comply with applicable environmental laws for the demilitarization
and disposal of unserviceable, obsolete, or nontreaty compliant
munitions, rocket motors, and explosives. In carrying out such
development and demonstration, the Secretary of Defense and the
Secretary of Energy should consider a number of potential technologies,
including super-critical water oxidation, molten metal pyrolisis,
plasma arc, catalytic fluidized-bed oxidation, molten salt oxidation,
incineration, critical fluid extraction and ingredient recovery, and
underground contained burning.
SEC. 264. FIBER OPTIC ACOUSTIC SENSOR SYSTEM.
(a) Fiber Optic Acoustic Sensor System.--Of the amount appropriated
pursuant to the authorization in section 201, $28,181,000 shall be
available for fiscal year 1996 for the advanced submarine combat
systems development program (PE 63504N). Of that amount, $6,900,000
shall be available for research and development of a fiber optic
acoustic sensor system, including the development of common optical
towed arrays.
(b) Offset.--The amount authorized in section 201 for the advanced
submarine systems development program (PE 63561N) is hereby reduced by
$6,900,000.
SEC. 265. JOINT TARGETING SUPPORT SYSTEM TESTBED.
(a) Joint Targeting Support System Testbed.--The amount authorized
in section 201(2) for theater mission planning (project A1784) is
hereby increased by $10,000,000, to be used to establish a joint
targeting support system testbed (in PE 0204229N).
(b) Offset.--The amount authorized in section 201(2) for the
Tomahawk (project A0545) is hereby reduced by $10,000,000.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1996
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, $19,339,936,000.
(2) For the Navy, $21,677,510,000.
(3) For the Marine Corps, $2,603,622,000.
(4) For the Air Force, $18,984,162,000.
(5) For Defense-wide activities, $10,680,371,000.
(6) For the Army Reserve, $1,139,591,000.
(7) For the Naval Reserve, $838,042,000.
(8) For the Marine Corps Reserve, $91,783,000.
(9) For the Air Force Reserve, $1,507,447,000.
(10) For the Army National Guard, $2,394,108,000.
(11) For the Air National Guard, $2,734,221,000.
(12) For the Defense Inspector General, $177,226,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,422,200,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For Summer Olympics, $15,000,000.
(18) For Cooperative Threat Reduction programs,
$200,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1996
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, $878,700,000.
(2) For the National Defense Sealift Fund, $1,574,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1996
from the Armed Forces Retirement Home Trust Fund the sum of $59,120,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. OFFICE OF ECONOMIC ADJUSTMENT.
Of the amount authorized in section 301(5) for Defense-wide
activities, $60,578,000 is for the Office of Economic Adjustment of the
Department of Defense.
Subtitle B--Defense Business Operations Fund
SEC. 311. CODIFICATION OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Management of Working-Capital Funds.--(1) Chapter 131 of title
10, United States Code, is amended by inserting after section 2215 the
following new section:
``Sec. 2216. Defense Business Operations Fund
``(a) Management of Working-Capital Funds and Certain Activities.--
The Secretary of Defense may manage the performance of the working-
capital funds and industrial, commercial, and support type activities
described in subsection (b) through the fund known as the Defense
Business Operations Fund, which is established on the books of the
Treasury. Except for the funds and activities specified in subsection
(b), no other functions, activities, funds, or accounts of the
Department of Defense may be managed through the Fund.
``(b) Funds and Activities Included.--The funds and activities
referred to in subsection (a) are the following:
``(1) Working-capital funds established under section 2208
of this title and in existence on December 5, 1991.
``(2) Those activities that, on December 5, 1991, were
funded through the use of a working-capital fund established
under that section.
``(3) The Defense Finance and Accounting Service.
``(4) The Defense Industrial Plant Equipment Center.
``(5) The Defense Commissary Agency.
``(6) The Defense Technical Information Service.
``(7) The Defense Reutilization and Marketing Service.
``(c) Separate Accounting, Reporting, and Auditing of Funds and
Activities.--(1) The Secretary of Defense shall provide in accordance
with this subsection for separate accounting, reporting, and auditing
of funds and activities managed through the Fund.
``(2) The Secretary shall maintain the separate identity of each
fund and activity managed through the Fund that (before the
establishment of the Fund) was managed as a separate fund or activity.
``(3) The Secretary shall maintain separate records for each
function for which payment is made through the Fund and which (before
the establishment of the Fund) was paid directly through
appropriations, including the separate identity of the appropriation
account used to pay for the performance of the function.
``(d) Charges for Goods and Services Provided Through the Fund.--
(1) Charges for goods and services provided through the Fund shall
include the following amounts:
``(A) Amounts necessary to recover the full costs of--
``(i) the development, implementation, operation,
and maintenance of systems supporting the wholesale
supply and maintenance activities of the Department of
Defense; and
``(ii) the use of members of the armed forces in
the provision of the goods and services, computed by
calculating, to the maximum extent practicable, such
costs as if employees of the Department of Defense were
used in the provision of the goods and services.
``(B) Amounts for depreciation of capital assets, set in
accordance with generally accepted accounting principles.
``(C) Amounts necessary to recover the full cost of the
operation of the Defense Finance Accounting Service.
``(2) Charges for goods and services provided through the Fund may
not include the following amounts:
``(A) Amounts necessary to recover the costs of a military
construction project (as defined in section 2801(b) of this
title), other than a minor construction project financed by the
Fund pursuant to section 2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a military
installation.
``(e) Capital Asset Subaccount.--(1) Amounts charged for
depreciation of capital assets pursuant to subsection (d)(1)(B) shall
be credited to a separate capital asset subaccount established within
the Fund.
``(2) The Secretary of Defense may award contracts for capital
assets of the Fund in advance of the availability of funds in the
subaccount.
``(f) Procedures For Accumulation of Funds.--The Secretary of
Defense shall establish billing procedures to ensure that the balance
in the Fund does not exceed the amount necessary to provide for the
working capital requirements of the Fund, as determined by the
Secretary.
``(g) Purchase From Other Sources.--The Secretary of Defense or the
Secretary of a military department may purchase goods and services that
are available for purchase from the Fund from a source other than the
Fund if the Secretary determines that such source offers a more
competitive rate for the goods and services than the Fund offers.
``(h) Annual Reports and Budget.--The Secretary of Defense shall
annually submit to Congress, at the same time that the President
submits the budget under section 1105 of title 31, the following:
``(1) A detailed report that contains a statement of all
receipts and disbursements of the Fund (including such a
statement for each subaccount of the Fund) for the year for
which the report is submitted.
``(2) A detailed proposed budget for the operation of the
Fund for the fiscal year for which the budget is submitted.
``(3) A comparison of the amounts actually expended for the
operation of the Fund for the previous fiscal year with the
amount proposed for the operation of the Fund for that fiscal
year in the President's budget.
``(4) A report on the capital asset subaccount of the Fund
that contains the following information:
``(A) The opening balance of the subaccount as of
the beginning of the fiscal year in which the report is
submitted.
``(B) The estimated amounts to be credited to the
subaccount in the fiscal year in which the report is
submitted.
``(C) The estimated amounts of outlays to be paid
out of the subaccount in the fiscal year in which the
report is submitted.
``(D) The estimated balance of the subaccount at
the end of the fiscal year in which the report is
submitted.
``(E) A statement of how much of the estimated
balance at the end of the fiscal year in which the
report is submitted will be needed to pay outlays in
the immediately following fiscal year that are in
excess of the amount to be credited to the subaccount
in the immediately following fiscal year.
``(i) Definitions.--In this section:
``(1) The term `capital assets' means the following capital
assets that have a development or acquisition cost of not less
than $15,000:
``(A) Minor construction projects financed by the
Fund pursuant to section 2805(c)(1) of this title.
``(B) Automatic data processing equipment,
software, other equipment, and other capital
improvements.
``(2) The term `Fund' means the Defense Business Operations
Fund.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2215 the
following new item:
``2216. Defense Business Operations Fund.''.
(b) Conforming Repeals.--The following provisions of law are hereby
repealed:
(1) Subsections (b), (c), (d), and (e) of section 311 of
the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 2208 note).
(2) Subsections (a) and (b) of section 333 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2208 note).
(3) Section 342 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2208 note).
(4) Section 316 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2208 note).
(5) Section 8121 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 10 U.S.C. 2208
note).
SEC. 312. RETENTION OF CENTRALIZED MANAGEMENT OF DEFENSE BUSINESS
OPERATIONS FUND AND PROHIBITION ON FURTHER EXPANSION OF
FUND.
(a) Centralized Management.--Subsection (a) of section 2216 of
title 10, United States Code, as added by section 311(a), is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) Management of the Fund, including management of cash balances
in the Fund, shall be exercised in the Office of the Secretary of
Defense under the immediate authority of the Under Secretary of Defense
(Comptroller). The Fund shall be treated as a single account for
purposes of subchapter III of chapter 13 and subchapter II of chapter
15 of title 31.''.
(b) Expansion of Fund.--Such subsection is further amended by
adding at the end of paragraph (1) the following new sentence: ``The
Secretary may not convert to management through the Fund any function,
activity, fund, or account of the Department of Defense that is not
managed through the Fund as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996.''.
SEC. 313. CHARGES FOR GOODS AND SERVICES PROVIDED THROUGH DEFENSE
BUSINESS OPERATIONS FUND AND TERMINATION OF ADVANCE
BILLING PRACTICES.
(a) Charges Included.--Paragraph (1)(A)(ii) of subsection (d) of
section 2216 of title 10, United States Code, as added by section
311(a), is amended by striking out ``as if employees of the Department
of Defense were used in the provision of the goods and services'' and
inserting in lieu thereof ``using the pay and allowances of the
members''.
(b) Charges Excluded.--Paragraph (2) of such subsection is amended
by adding at the end the following new subparagraph:
``(C) Amounts necessary to recover the costs of functions
designated by the Secretary of Defense as mission critical,
such as ammunition handling safety, and amounts for ancillary
tasks not directly related to the mission of the function or
activity managed through the Fund.''.
(c) Termination of Advance Billing Practices.--Such subsection is
further amended by adding at the end the following new paragraph:
``(3) After September 30, 1996, functions and activities managed
through the Fund may not use advance billing in the provision of goods
and services to customers.''.
SEC. 314. ANNUAL PROPOSED BUDGET FOR OPERATION OF DEFENSE BUSINESS
OPERATIONS FUND.
Subsection (h)(2) of section 2216 of title 10, United States Code,
as added by section 311(a), is amended by adding at the end the
following new sentence: ``The proposed budget shall include the amount
necessary to cover the operating losses, if any, of the Fund for the
previous fiscal year.''.
SEC. 315. REDUCTION IN REQUESTS FOR TRANSPORTATION FUNDED THROUGH
DEFENSE BUSINESS OPERATIONS FUND.
(a) Reduction.--The Secretary of Defense shall direct the heads of
Defense-wide activities and the Secretaries of the military departments
to reduce requests during fiscal year 1996 for purchasing
transportation from the transportation accounts of the Defense Business
Operations Fund by $70,000,000 below the level of such requests during
fiscal year 1995. The rates charged for transportation funded through
the Defense Business Operations Fund shall be reduced to reflect the
effect of the reduced requests on overhead costs.
(b) Report Required.--Not later than March 1, 1996, the Secretary
of Defense shall submit to Congress a report regarding--
(1) the effect on the Defense transportation organization
of implementing certain consolidation proposals, such as the
elimination of duplication in the component command structure;
and
(2) the extent that transportation overhead, the cost of
which is passed on to customers, can be significantly reduced
without adversely affecting mobilization requirements.
Subtitle C--Environmental Provisions
SEC. 321. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE EXCHANGED
TO BENEFIT THE HISTORICAL COLLECTION OF THE ARMED FORCES.
Section 2572(b) of title 10, United States Code, is amended in
paragraph (1) by striking out ``not needed by the armed forces'' and
all that follows through the end of the paragraph and inserting in lieu
thereof the following: ``not needed by the armed forces for any of the
following items or services if they directly benefit the historical
collection of the armed forces:
``(A) Similar items held by any individual, organization,
institution, agency, or nation.
``(B) Conservation supplies, equipment, facilities, or
systems.
``(C) Search, salvage, or transportation services.
``(D) Restoration, conservation, or preservation services.
``(E) Educational programs.''.
SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE ENVIRONMENTAL
RESTORATION ACCOUNT.
Section 2703(e) of title 10, United States Code is amended to read
as follows:
``(e) Amounts Recovered.--The following amounts shall be credited
to the transfer account:
``(1) Amounts recovered under section 107 of CERCLA for
response actions of the Secretary.
``(2) Any other amounts recovered by the Secretary or the
Secretary of the military department concerned from a
contractor, insurer, surety, or other person to reimburse the
Department of Defense for any expenditure for environmental
response activities.''.
SEC. 323. REPEAL OF CERTAIN ENVIRONMENTAL EDUCATION PROGRAMS.
Sections 1333 and 1334 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2701 note) are
repealed.
SEC. 324. REPEAL OF LIMITATION ON OBLIGATION OF AMOUNTS TRANSFERRED
FROM ENVIRONMENTAL RESTORATION TRANSFER ACCOUNT.
(a) Repeal of Limitation.--Section 2703 of title 10, United States
Code, is further amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d), subsection (e) (as
amended by section 322), and subsection (f) as subsections (c),
(d), and (e), respectively.
(b) Effect on Contracts.--Nothing in the amendment made by
subsection (a) shall be considered to negate or invalidate any legal
protection or legal defense available to the Department of Defense
under ``force majeure'' clauses in environmental restoration contracts
or agreements existing on the date of the enactment of this Act.
SEC. 325. ELIMINATION OF AUTHORITY TO TRANSFER AMOUNTS FOR
TOXICOLOGICAL PROFILES.
Section 2704 of title 10, United States Code, is amended in
subsections (c) and (d)(3)--
(1) by striking out ``, such sums from amounts appropriated
to the Department of Defense,''; and
(2) by striking out ``, including the manner for
transferring funds and personnel and for coordination of
activities under this section''.
SEC. 326. SENSE OF CONGRESS ON USE OF DEFENSE ENVIRONMENTAL RESTORATION
ACCOUNT.
It is the sense of Congress that the Secretary of Defense should
make every effort to limit, by the end of fiscal year 1997, spending
for administration, support, studies, and investigations associated
with the Defense Environmental Restoration Account to 20 percent of the
total funding for that account.
Subtitle D--Civilian Employees and Nonappropriated Fund Instrumentality
Employees
SEC. 331. MANAGEMENT OF DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(including any limitation on
full-time equivalent positions)'' before the period at
the end of the second sentence; and
(B) by adding at the end the following new
sentence: ``The Secretary shall not be required to make
a reduction in the number of full-time equivalent
positions in the Department of Defense unless such
reduction is necessary due to a reduction in funds
available to the Department or is required under a law
that is enacted after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996
and that refers specifically to this subsection.''; and
(2) by adding at the end the following new subsection:
``(d) With respect to each budget activity within an appropriation
for any fiscal year for operations and maintenance, the Secretary of
Defense shall ensure that there are employed during that fiscal year
employees in the number, and of the type and with the skill mix, that
are necessary to carry out the functions within that budget activity
for which funds are provided for that fiscal year.''.
SEC. 332. MANAGEMENT OF DEPOT EMPLOYEES.
(a) Depot Employees.--Chapter 146 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2472. Management of depot employees
``(a) Prohibition on Management by End Strength.--The civilian
employees of the Department of Defense involved in the depot-level
maintenance and repair of materiel may not be managed on the basis of
any end-strength constraint or limitation on the number of such
employees who may be employed on the last day of a fiscal year. Such
employees shall be managed solely on the basis of the available
workload and the funds made available for such depot-level maintenance
and repair.
``(b) Annual Report.--Not later than 60 days after the beginning 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 number of
employees employed and expected to be employed by the Department of
Defense during that fiscal year to perform depot-level maintenance and
repair of materiel. The report shall indicate whether that number is
sufficient to perform the depot-level maintenance and repair functions
for which funds have been appropriated for that fiscal year for
performance by Department of Defense employees.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by adding at the end the following
new item:
``2472. Management of depot employees.''.
SEC. 333. CONVERSION TO PERFORMANCE BY CIVILIAN EMPLOYEES OF ACTIVE-
DUTY POSITIONS.
(a) Conversion to Civilian Performance.--During fiscal year 1996,
the Secretary of Defense shall change to performance by employees of
the Department of Defense the performance of not less than 10,000
positions in the Department of Defense that, as of September 30, 1995,
were designated to be performed by members of the Armed Forces on
active duty.
(b) Implementation Plan.--Not later than March 31, 1996, 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 the implementation of subsection (a).
SEC. 334. PERSONNEL ACTIONS INVOLVING EMPLOYEES OF NONAPPROPRIATED FUND
INSTRUMENTALITIES.
(a) Clarification of Definition of Nonappropriated Fund
Instrumentality Employee.--Subsection (a)(1) of section 1587 of title
10, United States Code, is amended by adding at the end the following
new sentence: ``Such term includes a civilian employee of a support
organization within the Department of Defense or a military department,
such as the Defense Finance and Accounting Service, who is paid from
nonappropriated funds on account of the nature of the employee's
duties.''.
(b) Direct Reporting of Violations.--Subsection (e) of such section
is amended in the second sentence by inserting before the period the
following: ``and to permit the direct reporting of alleged violations
of subsection (b) to the Inspector General of the Department of
Defense''.
(c) Technical Amendment.--Subsection (a)(1) of such section is
further amended by striking out ``Navy Resale and Services Support
Office'' and inserting in lieu thereof ``Navy Exchange Service
Command''.
(d) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 1587. Employees of nonappropriated fund instrumentalities:
personnel actions''.
(2) The item relating to section 1587 in the table of sections at
the beginning of chapter 81 of such title is amended to read as
follows:
``1587. Employees of nonappropriated fund instrumentalities: personnel
actions.''.
SEC. 335. LIMITATION ON PROVISION OF OVERSEAS LIVING QUARTERS
ALLOWANCES FOR NONAPPROPRIATED FUND INSTRUMENTALITY
EMPLOYEES.
(a) Conforming Allowance to Allowances for Other Civilian
Employees.--Subject to subsection (b), any overseas living quarters
allowance paid from nonappropriated funds and provided to a
nonappropriated fund instrumentality employee after the date of the
enactment of this Act may not exceed the amount of a quarters allowance
provided under subchapter III of chapter 59 of title 5 to a similarly
situated civilian employee of the Department of Defense paid from
appropriated funds.
(b) Application to Certain Current Employees.--In the case of a
nonappropriated fund instrumentality employee who, as of the date of
the enactment of this Act, receives an overseas living quarters
allowance under any other authority, subsection (a) shall apply to such
employee only after the earlier of--
(1) September 30, 1998; or
(2) the date on which the employee otherwise ceases to be
eligible for such an allowance under such other authority.
(c) Nonappropriated Fund Instrumentality Employee Defined.--For
purposes of this section, the term ``nonappropriated fund
instrumentality employee'' has the meaning given such term in section
1587(a)(1) of title 10, United States Code.
SEC. 336. OVERTIME EXEMPTION FOR NONAPPROPRIATED FUND EMPLOYEES.
Section 6121(2) of title 5, United States Code, is amended to read
as follows:
``(2) `employee' has the meaning given it by section
2105(a) and also includes those paid from nonappropriated funds
of the Army and Air Force Exchange Service, Navy Ship's Stores
Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard
exchanges, and other instrumentalities of the United States
under the jurisdiction of the armed forces conducted for the
comfort, pleasure, contentment, and mental and physical
improvement of personnel of the armed forces;''.
SEC. 337. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d)(4) of title 5, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or a voluntary
separation from a surplus position,'' after ``an involuntary
separation from a position''; and
(2) by adding at the end the following new subparagraph:
``(C) For the purpose of this paragraph, `surplus position' means a
position which is identified in pre-reduction in force planning as no
longer required, and which is expected to be eliminated under formal
reduction-in-force procedures.''.
SEC. 338. CREDITABILITY OF CERTAIN NAFI SERVICE UNDER THE FEDERAL
EMPLOYEES' RETIREMENT SYSTEM.
(a) In General.--Subject to subsections (b) and (c), upon
application to the Office of Personnel Management, any individual who,
on the date of making such application, is an employee within the
Department of Defense or the legislative branch of the Government shall
be allowed credit under chapter 84 of title 5, United States Code (for
purposes of benefits payable out of the Fund) for any service if--
(1) such service was performed by such individual as an
employee of a nonappropriated fund instrumentality of the
Department of Defense or the Coast Guard, described in section
2105(c) of such title; and
(2) such individual has served continuously, since moving
(after December 31, 1986, and without a break in service of
more than 3 days) from a nonappropriated fund instrumentality
referred to in paragraph (1), in--
(A) the Department of Defense; or
(B) the legislative branch of the Government.
(b) Conditions.--An individual may not be allowed credit for
service under this section unless--
(1) an application is filed before the deadline under
subsection (c);
(2) such individual has been subject to chapter 84 of title
5, United States Code, since moving in the manner described in
subsection (a)(2); and
(3) such individual deposits to the credit of the Fund an
amount equal to 1.3 percent of the basic pay paid to such
individual for such service, with interest (computed in
accordance with paragraphs (2) and (3) of section 8334(e) of
title 5, United States Code).
(c) Deadline.--An application under this section may not be filed
after--
(1) the end of the 6-month period beginning on the date of
the enactment of this Act; or
(2) if earlier, the date on which a written determination
is made by the Office of Personnel Management that the
actuarial present value of all benefits payable as a result of
the enactment of this section has reached $50,000,000.
(d) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out this section.
(e) Definition.--For purposes of this section, the term ``Fund''
means the Civil Service Retirement and Disability Fund under section
8348 of title 5, United States Code.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. OPERATION OF COMMISSARY STORE SYSTEM.
(a) Cooperation With Other Entities.--Section 2482 of title 10,
United States Code, is amended--
(1) in the section heading, by striking out ``private'';
(2) by inserting ``(a) Private Operation.--'' before
``Private persons''; and
(3) by adding at the end the following new subsection:
``(b) Contracts With Other Agencies and Instrumentalities.--(1) The
Defense Commissary Agency, and other agencies of the Department of
Defense that support the operation of the commissary store system, may
enter into contracts or other agreements with other appropriated fund
or nonappropriated fund instrumentalities of the Department of Defense
or other departments or agencies of the United States to facilitate
efficiency in the management and operation of the commissary store
system.
``(2) A commissary store operated by a nonappropriated fund
instrumentality shall be operated in accordance with section 2484 of
this title. Subject to such section, the Secretary of Defense may
authorize a transfer of goods, supplies, and facilities of, and funds
appropriated for, the Defense Commissary Agency to a nonappropriated
fund instrumentality operating a commissary store.''.
(b) Authorization for Distributors to Serve as Vendor Agents.--Such
section is further amended by adding after subsection (b), as added by
subsection (a), the following new subsection:
``(c) Payments to Vendor Agents.--If a distributor for a vendor of
resale products under contract to the Defense Commissary Agency is
designated as an agent by and for the vendor, the distributor may
invoice the agency and accept payments from the agency under the
vendor's contract. A distributor designated as a agent for purposes of
this subsection may request payment for more than one product of the
vendor on the same invoice. All payments made by the agency to a
distributor designated by a vendor as the vendor's agent shall be
considered payments under the vendor's contract, and the payments shall
fulfill the payment obligations of the United States in the same manner
as if the payments had been made directly to the vendor.''.
(c) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 147 of such title is
amended to read as follows:
``2482. Commissary stores: operation.''.
SEC. 342. PRICING POLICIES FOR COMMISSARY STORE MERCHANDISE.
Section 2486(d)(1) of title 10, United States Code, is amended--
(1) by striking out ``each item'' and inserting in lieu
thereof ``items''; and
(2) by striking out ``actual product cost of the item'' and
inserting in lieu thereof ``total average product cost of
merchandise sold''.
SEC. 343. LIMITED RELEASE OF COMMISSARY STORES SALES INFORMATION TO
MANUFACTURERS, DISTRIBUTORS, AND OTHER VENDORS DOING
BUSINESS WITH DEFENSE COMMISSARY AGENCY.
Section 2487(b) of title 10, United States Code, is amended in the
second sentence by inserting before the period the following: ``unless
the agreement is between the Defense Commissary Agency and a
manufacturer, distributor, or other vendor doing business with the
Agency and is restricted to information directly related to merchandise
provided by that manufacturer, distributor, or vendor''.
SEC. 344. ECONOMICAL DISTRIBUTION OF DISTILLED SPIRITS BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Economical Distribution.--Subsection (a)(1) of section 2488 of
title 10, United States Code, is amended by inserting after ``most
competitive source'' the following: ``and distributed in the most
economical manner''.
(b) Determination of Most Economical Distribution Method.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) In the case of covered alcoholic beverage purchases of
distilled spirits, to determine whether a nonappropriated fund
instrumentality of the Department of Defense represents the most
economical method of distribution to package stores, the Secretary of
Defense shall consider all components of the distribution costs
incurred by the nonappropriated fund instrumentality, such as overhead
costs (including management, logistics, administration, depreciation,
and utilities), the costs of carrying inventory, and handling and
distribution costs.
``(2) If the use of a private distributor would subject covered
alcoholic beverage purchases of distilled spirits to direct or indirect
State taxation, a nonappropriated fund instrumentality shall be
considered to be the most economical method of distribution regardless
the results of the determination under paragraph (1).
``(3) The Secretary shall use the agencies performing audit
functions on behalf of the armed forces and the Inspector General of
the Department of Defense to make determinations under this
subsection.''.
SEC. 345. TRANSPORTATION BY COMMISSARIES AND EXCHANGES TO OVERSEAS
LOCATIONS.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2643. Commissary and exchange services: transportation overseas
``The Secretary of Defense shall give the officials responsible for
operation of commissaries and military exchanges the authority to
negotiate directly with private carriers for the most cost-effective
transportation of commissary and exchange supplies by sea without
relying on the Military Sealift Command or the Military Traffic
Management Command. Section 2631 of this title, regarding the
preference for vessels of the United States or belonging to the United
States in the transportation of supplies by sea, shall apply to the
negotiation of transportation contracts under the authority of this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2643. Commissary and exchange services: transportation overseas.''.
SEC. 346. DEMONSTRATION PROGRAM FOR UNIFORM FUNDING OF MORALE, WELFARE,
AND RECREATION ACTIVITIES AT CERTAIN MILITARY
INSTALLATIONS.
(a) Demonstration Program Required.--The Secretary of Defense shall
conduct a demonstration program at six military installations, under
which funds appropriated for the support of morale, welfare, and
recreation programs at the installations are combined with
nonappropriated funds available for such programs and treated as
nonappropriated funds. Under this demonstration program, the combined
appropriated funds shall be expended pursuant to the laws and
regulations that apply to nonappropriated funds.
(b) Covered Military Installations.--The Secretary of Defense shall
select two military installations from each military department to
participate in the demonstration program.
(c) Effect on Civilian Employees.--Civilian employees of the
Department of Defense who are normally paid using the appropriated
funds that are combined under subsection (a) shall be considered to be
nonappropriated fund instrumentality employees unless they continue to
be paid using other appropriated funds. Any converted employee shall
automatically revert to the employee's former status at the end of the
program or upon any action by management to terminate the employee,
whichever occurs first. Any converted employee shall retain retirement
and medical benefits under the employee's former status.
(d) Period of Demonstration Program.--The demonstration program
shall terminate at the end of the first full fiscal year beginning on
or after the date of the enactment of this Act.
(e) Report.--Not later than 90 days after the end of the
demonstration program, the Secretary of Defense shall submit to
Congress a report describing the results of the demonstration program.
SEC. 347. CONTINUED OPERATION OF BASE EXCHANGE MART AT FORT WORTH NAVAL
AIR STATION AND AUTHORITY TO EXPAND BASE EXCHANGE MART
PROGRAM.
(a) Continued Operation of Base Exchange Mart.--Section 375 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2736) is amended by striking out ``, until December
31, 1995,''.
(b) Expansion of Base Exchange Mart Program.--(1) Subject to
paragraph (2), the Secretary of Defense may provide for the operation
by a nonappropriated fund instrumentality of not more than ten combined
exchange and commissary stores, in which groceries are sold at five
percent above cost and other items are sold at the typical military
exchange markup.
(2) The Secretary may select a military installation as the
location for a combined exchange and commissary store only if--
(A) the installation has been or is selected for closure or
realignment; or
(B) the continued operation of a separate military exchange
and commissary store at the installation is not economically
feasible.
(3) If a nonappropriated fund instrumentality incurs a loss in
operating a commissary store as a result of the pricing requirements
specified in paragraph (1), the Secretary may authorize a transfer of
funds appropriated for the Defense Commissary Agency to the
nonappropriated fund instrumentality to offset the loss. However, the
total amount of appropriated funds transferred during a fiscal year to
support the operation of a commissary store may not exceed an amount
equal to 25 percent of the appropriated funds provided during the last
full year of operation of the commissary store by the Defense
Commissary Agency.
(4) The combined military exchange and commissary stores authorized
under this subsection shall include the combined military exchange and
commissary store operated at the Naval Air Station Fort Worth, Joint
Reserve Center, Carswell Field, Texas.
(5) For purposes of this section, the term ``nonappropriated fund
instrumentality'' means the Army and Air Force Exchange Service, Navy
Exchange Service Command, Marine Corps exchanges, or any other
instrumentality of the United States under the jurisdiction of the
Armed Forces which is conducted for the comfort, pleasure, contentment,
or physical or mental improvement of members of the Armed Forces.
SEC. 348. UNIFORM DEFERRED PAYMENTS PROGRAM FOR MILITARY EXCHANGES.
(a) Use of Commercial Banking Institutions.--As soon as possible
after the date of the enactment of this Act, the Secretary of Defense
shall endeavor to enter into an agreement with a commercial banking
institution under which the commercial banking institution will fund
and operate the deferred payment programs of the Army and Air Force
Exchange Service and Navy Exchange Service Command. To ease the
transition to commercial operation, the Secretary may initially limit
the agreement to one of the two military exchange services.
(b) Uniform Exchange Credit Program.--Not later than January 1,
1997, the Secretary shall establish a uniform deferred payment program
for use in all military exchanges to replace the separate deferred
payment programs currently operated by the Army and Air Force Exchange
Service and Navy Exchange Service Command.
(c) Report.--Not later than December 31, 1995, the Secretary of
Defense shall submit to Congress a report describing the implementation
of this section.
SEC. 349. AVAILABILITY OF FUNDS TO OFFSET EXPENSES INCURRED BY ARMY AND
AIR FORCE EXCHANGE SERVICE ON ACCOUNT OF TROOP REDUCTIONS
IN EUROPE.
Of funds authorized to be appropriated under section 301(5), not
more than $70,000,000 shall be available to the Secretary of Defense
for transfer to the Army and Air Force Exchange Service to offset
expenses incurred by the Army and Air Force Exchange Service on account
of reductions in the number of members of the United States Armed
Forces assigned to permanent duty ashore in Europe.
SEC. 350. STUDY REGARDING IMPROVING EFFICIENCIES IN OPERATION OF
MILITARY EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION ACTIVITIES AND COMMISSARY STORES.
(a) Study Required.--The Secretary of Defense shall conduct a study
regarding the manner in which greater efficiencies can be achieved in
the operation of--
(1) military exchanges;
(2) other instrumentalities of the United States under the
jurisdiction of the Armed Forces which are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the Armed Forces; and
(3) commissary stores.
(b) Report of Study.--Not later than March 1, 1996, the Secretary
of Defense shall submit to Congress a report describing the results of
the study and containing such recommendations as the Secretary
considers appropriate to implement efficiency-building options
identified in the study.
SEC. 351. EXTENSION OF DEADLINE FOR CONVERSION OF NAVY SHIPS' STORES TO
OPERATION AS NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Extension.--Section 371(a) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C.
7604 note) is amended by striking out ``December 31, 1995'' and
inserting in lieu thereof ``December 31, 1996''.
(b) Inspector General Review.--Not later than April 1, 1996, the
Inspector General of the Department of Defense shall submit to Congress
a report--
(1) evaluating the costs and benefits of converting the
operation of all Navy ships' stores to operation by the Navy
Exchange Service Command, as required by section 371(a) of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 10 U.S.C. 7604 note); and
(2) reviewing the Navy Audit Agency report regarding such
conversion prepared pursuant to section 374 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2736).
Subtitle F--Contracting Out
SEC. 357. PROCUREMENT OF ELECTRICITY FROM MOST ECONOMICAL SOURCE.
(a) Procurement of Electricity.--(1) Chapter 147 of title 10,
United States Code, is amended by inserting after section 2483 the
following new section:
``Sec. 2483a. Procurement of electricity from most economical source
``The Secretary of Defense shall procure electricity for use on
military installations and by other activities and functions of the
Department of Defense from the most economical source, as determined by
the Secretary. The Secretary shall make the determination required by
this section in the manner provided in section 2462 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2483 the
following new item:
``2483a. Procurement of electricity from most economical source.''.
(b) Effective Date; Rule of Construction.--The amendment made by
subsection (a) shall take effect on March 1, 1996, except that the
amendment shall not be construed to require the termination of any
contract for the purchase of electricity for the Department of Defense
entered into before that date.
SEC. 358. PROCUREMENT OF CERTAIN COMMODITIES FROM MOST ECONOMICAL
SOURCE.
(a) Procurement of Supplies.--In the case of supplies for the
Department of Defense procured through the General Services
Administration as of the date of the enactment of this Act, the
Secretary of Defense shall procure such supplies from another source if
the Secretary determines that the source can provide the supplies at a
lower cost. The Secretary shall make the determinations required by
this section in the manner provided in section 2462 of title 10, United
States Code.
(b) Effective Date; Rule of Construction.--The amendment made by
subsection (a) shall take effect on March 1, 1996, except that the
amendment shall not be construed to require the termination of any
contract between the Secretary of Defense and the General Services
Administration entered into before that date.
SEC. 359. COMMERCIAL PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.
Consistent with the requirements of title 44, United States Code,
during fiscal year 1996, the Defense Printing Service shall
competitively procure a minimum of 70 percent of its printing and
duplication services.
SEC. 360. DIRECT DELIVERY OF ASSORTED CONSUMABLE INVENTORY ITEMS OF
DEPARTMENT OF DEFENSE.
To reduce the expense and necessity of maintaining extensive
warehouses for consumable inventory items of the Department of Defense,
the Secretary of Defense shall arrange for direct vendor delivery of
food, clothing, medical and pharmaceutical supplies, automotive,
electrical, fuel, and construction supplies, and other consumable
inventory items for military installations throughout the United
States. The Secretary shall complete implementation of this direct
vendor delivery system not later than September 30, 1996.
SEC. 361. PRIVATE OPERATION OF FUNCTIONS OF DEFENSE REUTILIZATION AND
MARKETING SERVICE.
(a) Solicitation of Proposals.--(1) Not later than March 15, 1996,
the Secretary of Defense shall solicit for the selected performance by
commercial entities of those functions of the Defense Reutilization and
Marketing Service, a unit of the Defense Logistics Agency, for which
the Secretary determines that privatization would result in cost
savings for the United States and the generation of additional revenues
for the United States.
(b) Report on Retention of Functions.--Not later than January 15,
1996, the Secretary shall submit a report to the Congress describing
those functions of the Defense Reutilization and Marketing Service that
the Secretary believes should be currently retained for exclusive
performance by civilian employees of the Department of Defense or
military personnel and the reasons why such functions should be so
retained.
SEC. 362. PRIVATE OPERATION OF PAYROLL FUNCTIONS OF DEPARTMENT OF
DEFENSE FOR PAYMENT OF CIVILIAN EMPLOYEES.
(a) Plan on Contracting Out.--Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a plan regarding private
operation of payroll functions for civilian employees of the Department
of Defense.
(b) Implementation.--Not later than October 1, 1996, the Secretary
shall implement the plan developed under subsection (a).
SEC. 363. DEMONSTRATION PROGRAM TO IDENTIFY UNDERDEDUCTIONS AND
OVERPAYMENTS MADE TO VENDORS.
(a) Demonstration Program Required.--The Secretary of Defense shall
conduct a demonstration program at the Defense Personnel Support
Center, Philadelphia, Pennsylvania, to evaluate the feasibility of
using private contractors to audit accounting and procurement records
of the Department of Defense to identify moneys due the United States
because of underdeductions and overpayments made to vendors. Pursuant
to an agreement between the Secretary and one or more private
contractors selected by the Secretary, the contractors shall perform an
audit of accounting and procurement records of the Department for at
least fiscal years 1993, 1994, and 1995 using commercial sector data
processing techniques, which would compare purchase documents and
agreements with vendor invoices to discover discrepancies in
allowances, pricing, discounts, billback allowances, backhaul
allowances, and freight routing instructions. The audit shall also
attempt to identify duplicate payments and unauthorized invoice
charges.
(b) Bonus Payment.--From amounts made available to conduct the
demonstration program, the Secretary may pay the contractors a
negotiated amount not to exceed 25 percent of all amounts recovered as
a result of the audit.
(c) Availability of Funds.--From amounts authorized to be
appropriated pursuant to section 301(5), not more than $5,000,000 shall
be available to cover the costs of the demonstration program, including
the cost of any bonus payment under subsection (b).
SEC. 364. PILOT PROGRAM TO EVALUATE POTENTIAL FOR PRIVATE OPERATION OF
OVERSEAS DEPENDENTS' SCHOOLS.
(a) Pilot Program.--The Secretary of Defense may conduct a pilot
program to assess the feasibility of using private contractors to
operate schools of the defense dependents' education system established
under section 1402(a) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921(a)).
(b) Selection of School for Program.--If the Secretary of Defense
conducts the pilot program, the Secretary shall select one school of
the defense dependents' education system for participation in the
program. Under the pilot program, the Secretary shall provide for the
operation of the school by an appropriate private contractor for not
less than one complete school year.
(c) Report.--Not later than 30 days after the end of the first
school year in which the pilot program is conducted, the Secretary of
Defense shall submit to Congress a report on the results of the
program. The report shall include the recommendation of the Secretary
with respect to the extent to which other schools of the defense
dependents' education system should be operated by private contractors.
SEC. 365. PILOT PROGRAM FOR EVALUATION OF IMPROVED DEFENSE TRAVEL
PROCESSING PROTOTYPES.
(a) Pilot Program Required; Location.--(1) The Secretary of
Defense, acting through the Under Secretary of Defense (Comptroller),
shall conduct a pilot program regarding two prototype tests of
commercial travel applications to determine the best approach for the
Department of Defense Travel System.
(2) The Secretary shall conduct the pilot program at six military
installations containing approximately equal numbers of members of the
Armed Forces. Two installations shall be selected from each military
department.
(b) Description of Prototype Tests.--The two respective tests shall
be as follows:
(1) In this test, three installations (one for each
military department), with the Department of Defense acting as
its own integrator, will implement the travel processes
proposed by the task force on travel management chartered by
the Secretary of Defense in July 1994, and will offer specific
business opportunities in the services areas currently
utilized, namely reservations and credit card technologies.
(2) In this test, three installations (one for each
military department), will contract out their entire travel
process, reserving only essential elements, such as travel
authorization, for performance by employees of the Department
of Defense. Particular attention will be focused on the ability
of the vendor to integrate all processes into a responsive,
reasonably priced, uniform travel system.
(c) Conduct of Tests.--The two prototype tests shall be conducted
as follows:
(1) Each test must accommodate the guidelines for travel
management issued by the Under Secretary of Defense
(Comptroller).
(2) The tests must take no more than 60 days to set up and
be operational for one year.
(d) Evaluation Criteria.--The Secretary of Defense shall establish
evaluation criteria that include, at a minimum--
(1) aligning travel policy and cost estimates with mission
at the point of reservation;
(2) using fully integrated solutions envisioned by the
Department of Defense travel reengineering report of January
1995;
(3) matching credit card data and reservation data with
cost estimate data;
(4) matching data with a trip pro forma plan to eliminate
the need for further approvals; and
(5) a responsive and flexible management information system
for managers at all levels to monitor travel expenses
throughout the year, budget accurately for any future year, and
assess cost and value relationship regarding temporary duty
travel for each mission.
(e) Plan for Program.--Before conducting the pilot program, the
Secretary of Defense shall develop a plan for the program that
addresses the following:
(1) The purposes of the prototype test, including the
objective of reducing the total costs of managing travel by at
least one-half.
(2) The methodology, duration, and anticipated costs,
including an arrangement whereby the contractor would receive
its agreed upon contract payment plus an additional negotiated
amount not to exceed 50 percent of the dollar savings achieved
in excess of the objective specified in paragraph (1).
(3) A specific citation to any provision or law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(4) The evaluation mechanism required by subsection (d).
(5) A provision for implementing the most successful
prototype Department-wide, based upon final assessment of
results.
SEC. 366. PILOT PROGRAM FOR PRIVATE OPERATION OF CONSOLIDATED
INFORMATION TECHNOLOGY FUNCTIONS OF DEPARTMENT OF
DEFENSE.
(a) Pilot Program Required.--(1) The Secretary of Defense shall
enter into discussions with private sector entities for the purpose of
issuing a request for proposal to establish a pilot program to test and
evaluate the cost savings and efficiencies of private operation of all
information technology services for the Department of Defense currently
being consolidated in Defense MegaCenters. The negotiations shall be
conducted so that the request for proposal may be issued within 60 days
after the date of the enactment of this Act.
(2) The minimum workload to be contracted out in the pilot program
shall be equivalent to the workload of at least three Defense
MegaCenters.
(b) Establishment and Duration.--The Secretary of Defense shall
implement private operations under the pilot program within one year
after the date of the enactment of this Act. The pilot program shall
operate for not more than a three-year period after implementation.
(c) Goal of Program.--The goal of the pilot program is to receive
proposals from private sector entities that, if implemented, would
reduce operating costs to the Department of Defense for information
technology functions by at least 35 percent in comparison to annual
operating cost as of the date of the enactment of this Act.
(d) Plan of Program.--Before conducting the pilot program, the
Secretary of Defense shall develop a plan for the program that
addresses the following:
(1) The purposes of the program.
(2) The methodology, duration, and anticipated costs of the
program, including the cost of an arrangement whereby the
private contractor would receive the agreed upon contract
payment plus an additional negotiated amount not to exceed 50
percent of the dollar savings achieved in excess of the goal
specified in subsection (c).
(3) A specific citation to any provisions of law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(4) An evaluation mechanism for the program.
(5) A provision for expanding the program to all
information technology functions of the Department of Defense,
based upon final assessment of the results of the program.
(e) Suspension of Further Consolidation.--Until the completion of
the pilot program and submission of the final report required under
subsection (f)(2), none of the funds appropriated to the Department of
Defense for a fiscal year after fiscal year 1995 may be used to reduce
the number of data centers of the Department of Defense to fewer than
the 16 Defense MegaCenters identified as of the date of the enactment
of this Act.
(f) Reporting Requirements.--(1) Not later than six months after
commencing contracting out activities under the pilot program, the
Secretary of Defense shall submit to Congress an initial assessment
report regarding the implementation of the pilot program.
(2) The Secretary shall submit to Congress a final assessment
report, including a recommendation for expanding the program as
appropriate, not later than one year after commencing contracting out
activities under the pilot program.
SEC. 367. INCREASED RELIANCE ON THE PRIVATE SECTOR.
(a) General Rule.--The Secretary of Defense shall endeavor to carry
out through an entity in the private sector any activity to provide a
commercial product or service for the Department of Defense if--
(1) the product or service can be provided through a source
in the private sector; and
(2) an adequate competitive environment exists to provide
for economical accomplishment of the function by the private
sector.
(b) Applicability.--(1) Subsection (a) shall not be construed to
apply to any commercial product or service with respect to which the
Secretary of Defense determines that--
(A) production, manufacture, or provision of that product
or service by the Government is necessary for reasons of
national security; or
(B) the product or service is so inherently governmental in
nature that it is in the public interest to require production
or performance, respectively, by the Department of Defense.
(2) A determination under paragraph (1) shall be made in accordance
with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section. Such regulations shall be
prescribed in consultation with the Director of the Office of
Management and Budget.
(d) Report.--(1) The Secretary of Defense shall identify all
activities of the Department of Defense that are carried out to provide
commercial products or services for the Department of Defense and that
are carried out by personnel of the Department of Defense (other than
activities specified by the Secretary pursuant to subsection (b)).
(2) The Secretary shall transmit to Congress, not later than April
15, 1996, a report on matters relating to increased use of the private
sector for the performance of commercial functions for the Department
of Defense. The report shall include a list of all activities
identified under paragraph (1) and indicate, for each activity, whether
the Secretary proposes to convert the performance of such activity to
performance by the private sector and, if not, the reasons why.
(3) The report shall include--
(A) a description of the advantages and disadvantages of
using contractor personnel, rather than employees of the
Department of Defense, to perform functions of the Department
that are not essential to the warfighting mission of the Armed
Forces;
(B) specification of all legislative and regulatory
impediments to contracting those functions for private
performance; and
(C) the views of the Secretary of Defense on the
desirability of terminating the applicability of OMB Circular
A-76 to the Department of Defense.
(4) The Secretary shall carry out paragraph (1) in consultation
with the Director of the Office of Management and Budget and the
Comptroller General of the United States. In carrying out that
paragraph, the Secretary shall consult with, and seek the views of,
representatives of the private sector, including organizations
representing small businesses.
SEC. 368. PILOT PROGRAM FOR PRIVATE OPERATION OF PAYROLL AND ACCOUNTING
FUNCTIONS OF NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Pilot Program Required; Location.--(1) The Secretary of
Defense, acting through the Under Secretary of Defense (Comptroller),
shall enter into discussions with private sector entities for the
purpose of issuing a request for proposal to establish a pilot program
to test and evaluate the cost savings and efficiencies of private
operation of accounting and payroll function of nonappropriated fund
instrumentalities of the Department of Defense. The negotiations shall
be conducted so that the request for proposal may be issued within 60
days after the date of the enactment of this Act.
(2) The pilot program shall consist of a major Department of
Defense Nonappropriated Fund Accounting and Payroll function.
(b) Goal of Program.--The goal of the pilot program is to receive
proposals from private sector entities that, if implemented, would
reduce by at least 25 percent the total costs to the Government for
each pay event.
(c) Plan of Program.--Before conducting the pilot program, the
Secretary of Defense shall develop a plan for the program that
addresses the following:
(1) The purposes of the program.
(2) The methodology, duration, and anticipated costs of the
program, including the cost of an arrangement whereby the
private contractor would receive the agreed upon contract
payment plus an additional negotiated amount not to exceed 50
percent of the dollar savings achieved in excess of the goal
specified in subsection (b).
(3) A specific citation to any provisions of law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(4) An evaluation mechanism for the program.
(5) A provision for expanding the program to all accounting
and payroll functions of nonappropriated fund instrumentalities
of the Department of Defense, based upon final assessment of
the results of the program.
Subtitle G--Miscellaneous Reviews, Studies, and Reports
SEC. 371. QUARTERLY READINESS REPORTS.
(a) In General.--(1) Chapter 22 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 452. Quarterly readiness reports
``(a) Requirement.--Not later than 30 days after the end of each
calendar-year quarter, 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 military
readiness. The report for any quarter shall be based on assessments
that are provided during that quarter--
``(1) to any council, committee, or other body of the
Department of Defense (A) that has responsibility for readiness
oversight, and (B) the membership of which includes at least
one civilian officer in the Office of the Secretary of Defense
at the level of Assistant Secretary of Defense or higher;
``(2) by senior civilian and military officers of the
military departments and the commanders of the unified and
specified commands; and
``(3) as part of any regularly established process of
periodic readiness reviews for the Department of Defense as a
whole.
``(b) Matters To Be Included.--Each such report--
``(1) shall specifically describe identified readiness
problems or deficiencies and planned remedial actions; and
``(2) shall include the key indicators and other relevant
data related to the identified problem area or deficiency.
``(c) Classification of Reports.--Reports under this section shall
be submitted in unclassified form and may, as the Secretary determines
necessary, also be submitted in classified form.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``452. Quarterly readiness reports.''.
(b) Effective Date.--Section 452 of title 10, United States Code, as
added by subsection (a), shall take effect with the calendar-year
quarter during which this Act is enacted.
SEC. 372. REPORTS REQUIRED REGARDING EXPENDITURES FOR EMERGENCY AND
EXTRAORDINARY EXPENSES.
Subsection (c) of section 127 of title 10, United States Code, is
amended to read as follows:
``(c)(1) In any fiscal year in which funds are expended under the
authority of this section, the Secretary of Defense shall submit a
report of such expenditures on a quarterly basis to the committees
specified in paragraph (3).
``(2) An obligation or expenditure in an amount of $1,000,000 or
more may not be made under the authority of this section for any single
transaction until the Secretary of Defense has notified the committees
specified in paragraph (3).
``(3) The committees referred to in paragraphs (1) and (2) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
SEC. 373. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS TO CONGRESS
ON TRANSFERS FROM HIGH-PRIORITY READINESS APPROPRIATIONS.
Section 361 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2732) is amended to read as
follows:
``SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
``(a) Annual Reports.--(1) During 1996 and 1997, the Secretary of
Defense shall submit to the congressional defense committees a report
on transfers during the preceding fiscal year from funds available for
the budget activities specified in subsection (d) (hereinafter in this
section referred to as `covered budget activities'). The report each
year shall be submitted not later than the date in that year on which
the President submits the budget for the next fiscal year to Congress
pursuant to section 1105 of title 31, United States Code.
``(2) Each such report shall include--
``(A) specific identification of each transfer during the
preceding fiscal year of funds available for any covered budget
activity, showing the amount of the transfer, the covered
budget activity from which the transfer was made, and the
budget activity to which the transfer was made; and
``(B) with respect to each such transfer, a statement of
whether that transfer was made to a budget activity within a
different appropriation than the appropriation containing the
covered budget activity from which the transfer was made or to
a budget activity within the same appropriation.
``(b) Midyear Reports.--On May 1 of each year specified in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report providing the same
information, with respect to the first six months of the fiscal year in
which the report is submitted, that is provided in reports under
subsection (a) with respect to the preceding fiscal year.
``(c) Matters To Be Included.--In each report under this section,
the Secretary shall include the following:
``(1) With respect to each transfer of funds identified in
the report, a statement of the specific reason for the
transfer.
``(2) For each covered budget activity--
``(A) a statement, for the period covered by the
report, of--
``(i) the total amount of transfers into
funds available for that activity;
``(ii) the total amount of transfers from
funds available for that activity; and
``(iii) the net amount of transfers into,
or out of, funds available for that activity;
and
``(B) a detailed explanation of the transfers into,
and out of, funds available for that activity during
the period covered by the report.
``(d) Covered Budget Activities.--The budget activities to which
this section applies are the following:
``(1) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Army, appropriation that are
designated as follows:
``(A) Combat Units.
``(B) Tactical Support.
``(C) Force-Related Training/Special Activities.
``(D) Depot Maintenance.
``(E) JCS Exercises.
``(2) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Navy, appropriation that are
designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Mission and Other Ship Operations.
``(C) Fleet Air Training.
``(D) Ship Operational Support and Training.
``(E) Aircraft Depot Maintenance.
``(F) Ship Depot Maintenance.
``(3) The budget activity groups (known as
`subactivities'), or other activity, within the Operating
Forces budget activity of the annual Operation and Maintenance,
Air Force, appropriation that are designated or otherwise
identified as follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Global and Early Warning.
``(D) Air Operations Training.
``(E) Depot Maintenance.
``(F) JCS Exercises.''.
SEC. 374. MODIFICATION OF NOTIFICATION REQUIREMENT REGARDING USE OF
CORE LOGISTICS FUNCTIONS WAIVER.
Section 2464(b) of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu thereof the
following new paragraph:
``(3) A waiver under paragraph (2) may not take effect until the
end of the 30-day period beginning on the date on which the Secretary
submits a report on the waiver to the Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations of the House of
Representatives.''.
SEC. 375. LIMITATION ON DEVELOPMENT OR MODERNIZATION OF AUTOMATED
INFORMATION SYSTEMS OF DEPARTMENT OF DEFENSE PENDING
REPORT.
(a) Obligations and Expenditures Subject to Report.--Of the amounts
appropriated pursuant to the authorization of appropriations in section
301, the Secretary of Defense may not obligate or expend amounts in
excess of $2,411,947,000 for the development and modernization of
automated data processing programs of the Department of Defense until
after the end of the 30-day period beginning on the date on which the
Inspector General of the Department of Defense submits to Congress a
report that--
(1) addresses the ongoing concerns about performance
measures and management controls regarding automated
information systems;
(2) certifies that the Inspector General has completed
review of the Base Level System Modernization and the
Sustaining Base Information System;
(3) certifies that the Inspector General has completed the
tasks identified in the review of Standard Installation/
Division Personnel System-3;
(4) provides complete functional economic analyses for
Automated System for Transportation Data, Electronic Data
Interchange, Flexible Computer Integrated Manufacturing, Navy
Tactical Command Support System, and Defense Information System
Network;
(5) contains the resolution of the existing problems with
the Defense Information System Network, Continuous Acquisition
and Life-Cycle Support, and the Joint Computer-Aided
Acquisition and Logistics Support;
(6) provides the necessary waivers regarding compelling
military value, or provides complete functional economic
analyses, regarding Air Force Wargaming Center Air Force
Command Exercise System, Cheyenne Mountain Upgrade,
Transportation Coordinator Automated Command and Control
Information Systems, and Wing Command and Control System; and
(7) certifies the termination of the Personnel Electronic
Record Management System or provides justification for the
continued need for the program.
(b) Automated Information System Defined.--For purposes of this
section, the term ``automated information system'' means an automated
information system of the Department of Defense subject to section 381
of the National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2738; 10 U.S.C. 113 note).
SEC. 376. REPORT REGARDING REDUCTION OF COSTS ASSOCIATED WITH CONTRACT
MANAGEMENT OVERSIGHT.
(a) Report Required.--Not later than April 1, 1996, the Comptroller
General of the United States shall submit to Congress a report
identifying methods to reduce the cost to the Department of Defense of
management oversight of contracts in connection with major defense
acquisition programs.
(b) Major Defense Acquisition Programs Defined.--For purposes of
this section, the term ``major defense acquisition programs'' has the
meaning given that term in section 2430(a) of title 10, United States
Code.
Subtitle H--Other Matters
SEC. 381. PROHIBITION ON CAPITAL LEASE FOR DEFENSE BUSINESS MANAGEMENT
UNIVERSITY.
None of the funds appropriated to the Department of Defense for
fiscal year 1996 may be used to enter into any lease with respect to
the Center for Financial Management Education and Training of the
Defense Business Management University if the lease would be treated as
a capital lease for budgetary purposes.
SEC. 382. AUTHORITY OF INSPECTOR GENERAL OVER INVESTIGATIONS OF
PROCUREMENT FRAUD.
(a) Authority.--Section 141 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(c) The Inspector General shall be responsible for and shall
oversee all investigations of procurement fraud within the Department
of Defense.''.
(b) Implementation.--The Secretary of Defense shall take such
action as may be necessary to implement the amendment made by
subsection (a).
SEC. 383. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN EMERGENCY
RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is amended by adding
at the end the following new sentence: ``Assistance provided under this
section may include training facilities, sensors, protective clothing,
antidotes, and other materials and expertise of the Department of
Defense appropriate for use by a Federal, State, or local law
enforcement or emergency response agency in preparing for or responding
to an emergency involving chemical or biological agents if the
Secretary determines that the materials or services to be provided are
not reasonably available from another source.''.
SEC. 384. CONVERSION OF THE CIVILIAN MARKSMANSHIP PROGRAM TO A
FEDERALLY CHARTERED NONPROFIT CORPORATION.
(a) Corporation.--
(1) Establishment.--There is hereby established a private
nonprofit corporation, to be known as the Corporation for the
Promotion of Rifle Practice and Firearms Safety (in this
section referred to as the ``Corporation''), for the promotion
of rifle practice and firearms safety.
(2) Duties.--The Corporation shall be responsible for the
supervision, oversight, and control of the Civilian
Marksmanship Program.
(3) Membership.--The Corporation shall have a board of
directors consisting of nine members. Each member shall serve
for a two-year term, except for four members of the initial
board of directors, who shall serve a one-year term, and shall
be eligible for reappointment. The private members of the
National Board for the Promotion of Rifle Practice, as in
existence on the day before the date of the enactment of this
Act, shall forward nominations for membership on the initial
board of directors of the Corporation to the governing body
designated by the United States Olympic Committee for
international rifle and pistol competition (in this section
referred to as the ``USOC designee'') not later than 10 days
after the date of the enactment of this Act. Unless the
nomination is rejected by the USOC designee by written
notification to the existing members of the National Board
within 30 days of the nomination, the nominee shall be seated
as a member of the board of directors of the Corporation.
Members of the board of directors shall nominate individuals to
fill subsequent vacancies within 10 days of the vacancy, with a
right of rejection reserved to the USOC designee by written
notification to the Corporation within 30 days of each
nomination.
(4) Director of civilian marksmanship and staff.--The
Corporation shall appoint a person to serve as the Director of
Civilian Marksmanship, who shall be responsible for the day to
day operations of the Corporation and the Civilian Marksmanship
Program. Subject to the approval of the Corporation, the
Director and civilian employees of the Corporation may enroll
or remain enrolled without penalty or loss of credit in all
pension and benefits programs available to civilian employees
of the Department of Defense, the employer's contribution to be
paid by the Corporation.
(b) Solicitation and Receipt of Funds.--
(1) In general.--The Corporation and the Director may
solicit, accept, hold, use, and dispose of, in furtherance of
the activities of the Civilian Marksmanship Program, donations
of money, property, and services received by gift, devise,
bequest, or otherwise.
(2) Use of proceeds.--Amounts collected by the Civilian
Marksmanship Program, including the proceeds from the sale of
arms, ammunition, targets and other supplies and appliances,
shall be used to carry out the Civilian Marksmanship Program.
(3) Transfer of funds.--Amounts available to the National
Board for the Promotion of Rifle Practice as of the date of
enactment of this Act from rifle sales programs and from fees
in connection with competitions sponsored by that board shall
be transferred to the Corporation to carry out the Civilian
Marksmanship Program.
(4) Fees charged.--The Corporation may impose such
reasonable fees as are necessary to cover the direct and
indirect costs to the Corporation, for persons and gun clubs
participating in any program or competition conducted under the
Civilian Marksmanship Program for the promotion of rifle
practice and firearms safety among civilians.
(c) Responsibilities.--The Corporation, through the Civilian
Marksmanship Program, shall provide for--
(1) the operation and maintenance of indoor and outdoor
rifle ranges and their accessories and appliances;
(2) the instruction of citizens of the United States in
marksmanship, and the employment of trained instructors for the
purpose;
(3) the promotion of practice in the use of rifled arms and
the maintenance and management of matches and competitions in
the use of those arms; and
(4) the award to competitors of trophies, prizes, badges,
and other insignia.
(d) Youth Activities.--The Corporation, through the Civilian
Marksmanship Program, shall give priority to activities that benefit
firearms safety training and competition for youth and reach as many
youth participants as possible.
(e) Eligibility.--
(1) Affidavit.--Before a person may participate in any
activity sponsored or supported by the Civilian Marksmanship
Program, the person shall be required to certify by affidavit
the following:
(A) The person has not been convicted of any
violation of section 922 of title 18, United States
Code. The Director may require any person to attach
certification from the appropriate State or Federal law
enforcement agency to the person's affidavit.
(B) The person is not a member of any organization
that advocates the violent overthrow of the United
States Government.
(2) Effect of conviction.--A person who has been convicted
of a violation of section 922 of title 18, United States Code,
shall not be eligible to participate in any activity sponsored
or supported by the Corporation through the Civilian
Marksmanship Program.
(3) Further limitations on participation.--The Director may
limit participation as necessary to ensure quality instruction
in the rifled arms, participant safety, and firearms security.
(f) Arms and Ammunition.--
(1) Issuance.--The Corporation may issue, without cost, the
arms, ammunition (including caliber .22 and caliber .30
ammunition), targets, and other supplies and appliances
necessary for activities related to the Civilian Marksmanship
Program. Issuance shall be made only to gun clubs under the
direction of the Corporation that provide training in the use
of rifled arms to youth, the Boy Scouts of America, 4-H Clubs,
Future Farmers of America, and other youth-oriented
organizations for training and competition. The Corporation
shall be responsible for ensuring adequate oversight and
accountability for these arms and ammunition.
(2) Sale to clubs.--The Corporation may sell at fair market
value caliber .30 rifles and ammunition for caliber .30 rifles,
.22 rifles, and air rifles to gun clubs that are under the
direction of the Corporation and provide training in the use of
rifled arms. In lieu of sales, the Civilian Marksmanship
Program may loan caliber .30 rifles, .22 rifles, and air rifles
to such clubs, but the Corporation is responsible for ensuring
the oversight and accountability of such rifles.
(3) Sale to individuals.--The Corporation may sell at fair
market value caliber .30 rifles, ammunition, targets, and other
supplies and appliances necessary for target practice to
citizens of the United States over 18 years of age who are
members of a gun club under the direction of the Corporation.
Such sales are subject to applicable Federal, State, and local
laws. In addition to any other requirement, the Corporation
shall provide for a criminal records check of the person with
appropriate Federal and State law enforcement agencies, and the
Corporation shall not sell weapons or ammunition to a person
who has been convicted of a felony or Federal or State firearms
violation.
(g) Other Duties.--The Corporation shall provide for or assist in
providing for--
(1) the procurement of necessary supplies, appliances,
trophies, prizes, badges, and other insignia, clerical and
other services, and labor to carry out the Civilian
Marksmanship Program; and
(2) transportation of employees, instructors, and civilians
to give or receive instruction or to assist or engage in
practice in the use of rifled arms, and the transportation and
subsistence, or an allowance in lieu of subsistence, of members
of teams authorized by the Corporation to participate in
matches or competitions in the use of rifled arms.
(h) Authority of Secretary of Defense to Sell Surplus Arms and
Ammunition.--Subject to section 1208 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
10 U.S.C. 372 note), relating to the transfer of excess small arms and
ammunition to support Government counter-drug activities, the Secretary
of the Army shall reserve for the Civilian Marksmanship Program all
remaining M-1 Garand rifles, and ammunition for such rifles, held by
the Army on the date of the enactment of this Act. After such date, the
Secretary of the Army shall cease demilitarization of remaining M-1
Garand rifles in the Army inventory unless such rifles are determined
to be irreparable by the Defense Logistics Agency. Any transfers of
arms and ammunition to the Corporation under this section shall be made
without cost to the Civilian Marksmanship Program, except that the
Corporation shall assume the cost of preparation and transportation of
the transferred rifles.
(i) Logistical Support to Civilian Marksmanship Program.--The
Secretary of Defense, under such regulations as the Secretary may
prescribe, may provide logistical support to the Civilian Marksmanship
Program, for competitions and other activities conducted by the
Corporation. The Secretary shall recoup only the incremental cost for
this support from the Corporation. The National Matches may continue to
be held at the current Department of Defense facilities as part of the
support authorized under this section.
(j) Repeal.--(1) Sections 4307, 4308, 4310, and 4311 of title 10,
United States Code, are repealed.
(2) The table of sections at the beginning of chapter 401 of such
title is amended by striking out the items relating to sections 4307,
4308, 4310, and 4311.
SEC. 385. PERSONNEL SERVICES AND LOGISTICAL SUPPORT FOR CERTAIN
ACTIVITIES HELD ON MILITARY INSTALLATIONS.
Section 2544 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) In the case of a Boy Scout Jamboree held on a United States
military installation, the Secretary of Defense may provide personnel
services and logistical support at the military installation in
addition to the support authorized under subsections (a) and (d).''.
SEC. 386. RETENTION OF MONETARY AWARDS.
(a) Monetary Awards.--Chapter 155 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2610. Acceptance of monetary awards from competition for
excellence
``(a) Acceptance Authorized.--The Secretary of Defense may accept
any monetary award given to the Department of Defense by a
nongovernmental entity as an award in competition recognizing
excellence or innovation in providing services or administering
programs.
``(b) Disposition of Awards.--(1) Subject to paragraph (2), a
monetary award accepted under subsection (a) shall be credited to the
appropriation supporting the operation of the command, installation, or
other activity that is recognized for the award and, in such amount as
is provided in advance in appropriation Acts, shall be available for
the same purposes as the underlying appropriation.
``(2) Subject to such limitations as may be provided in
appropriation Acts, the Secretary of Defense may disburse an amount not
to exceed 50 percent of the monetary award to persons who are
responsible for the excellence or innovation recognized by the award. A
person may not receive more than $10,000 under the authority of this
paragraph from any monetary reward.
``(c) Incidental Expenses.--Subject to such limitations as may be
provided in appropriation Acts, appropriations available to the
Department of Defense may be used to pay incidental expenses incurred
to compete in a competition described in subsection (a) or to accept a
monetary award under this section.
``(d) Regulations and Reporting.--(1) The Secretary of Defense
shall prescribe regulations to determine the disposition of any
monetary awards accepted under this section and the payment of
incidental expenses under subsection (c).
``(2) The Secretary of Defense shall submit to Congress an annual
report describing the disposition of any monetary awards accepted under
this section and the payment of any incidental expenses under this
subsection (c).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2610. Acceptance of monetary awards from competition for
excellence.''.
SEC. 387. CIVIL RESERVE AIR FLEET.
Section 9512 of title 10, United States Code, is amended by
striking out ``full'' before ``Civil Reserve Air Fleet'' in subsections
(b)(2) and (e).
SEC. 388. PERMANENT AUTHORITY REGARDING USE OF PROCEEDS FROM SALE OF
LOST, ABANDONED, AND UNCLAIMED PERSONAL PROPERTY AT
CERTAIN INSTALLATIONS.
(a) Conversion of Existing Demonstration Project.--Section 343 the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1343) is amended by striking out
subsections (d) and (e) and inserting in lieu thereof the following new
subsection:
``(d) Application of Special Rule.--The special rule provided by
subsection (a) shall apply with respect to the disposal under section
2575 of title 10, United States Code, of property found on the military
installations referred to in subsection (b).''.
(b) Conforming Amendments.--Subsection (a) of such section is
amended--
(1) by striking out ``Demonstration Project'' in the
subsection heading and inserting in lieu thereof ``Special Rule
Regarding Proceeds''; and
(2) by striking out ``demonstration project'' and inserting
in lieu thereof ``permanent program''.
SEC. 389. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW
ENFORCEMENT ACTIVITIES.
Section 1208(a)(1)(A) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (P.L. 101-189; 10 U.S.C. 372 note) is
amended by striking out ``counter-drug activities'' and inserting in
lieu thereof ``law enforcement activities, including counter-drug
activities''.
SEC. 390. DEVELOPMENT AND IMPLEMENTATION OF INNOVATIVE PROCESSES TO
IMPROVE OPERATION AND MAINTENANCE.
Of the amounts authorized to be appropriated under section 301(5),
$350,000,000 shall be available to the Secretary of Defense for the
development or acquisition of information technologies and reengineered
functional processes, such as in the areas of personnel management,
finance, and depot-level maintenance, for implementation within the
Department of Defense. Before obligating or expending funds under this
section for an information technology or reengineered functional
process, the Secretary shall certify to Congress that the information
technology or reengineered functional process--
(1) demonstrates a rate of return, within three years, of
300 percent compared to the investment made under this section;
or
(2) would have a measurable effect upon the effectiveness
of the readiness of the Armed Forces or the operation and
management of the Department of Defense.
SEC. 391. REVIEW OF USE OF DEFENSE LOGISTICS AGENCY TO MANAGE INVENTORY
CONTROL POINTS.
(a) Review of Consolidation of Inventory Control Points.--The
Secretary of Defense shall conduct a review regarding the consolidation
under the Defense Logistics Agency of all inventory control points,
including the inventory management and acquisition of depot-level
repairables.
(b) Submission of Results.--Not later than March 31, 1996, the
Secretary shall complete the review and submit a report to the
congressional defense committees describing the results the review.
(c) Limitation on Implementation of Materiel Management Standard
System.--Pending the submission of the report, the Secretary of Defense
may not proceed with the implementation of the automated data
processing program of the Department of Defense known as the Materiel
Management Standard System.
SEC. 392. SALE OF 50 PERCENT OF CURRENT WAR RESERVE FUEL STOCKS.
(a) Sale Required.--Notwithstanding section 2390(a) of title 10,
United States Code, the Secretary of Defense shall reduce war reserve
fuel stocks of the Department of Defense to a level equal to 50 percent
of the level of such stocks on January 1, 1995. The Secretary shall
achieve the reduction through consumption of fuel in the Department of
Defense and, if necessary, sales of fuel outside the Department to the
highest qualified bidders.
(b) Subsequent Fuel Purchases.--After the date of the enactment of
this Act, fuel purchases for the Department of Defense shall be made on
the basis of the actual fuel needs of the Department.
(c) Report.--Not later than March 1, 1996, the Secretary of Defense
shall submit to Congress a report describing the manner in which the
reduction of war reserve fuel stocks is to be made and the time period
within which the reduction is to be achieved.
(d) Suspension of Reduction; Increases.--The Secretary of Defense
may suspend the reduction of war reserve fuel stocks, and in fact
increase such stocks as otherwise authorized by law, in the event of a
national emergency or to advance the national security interests of the
United States.
SEC. 393. MILITARY CLOTHING SALES STORES, REPLACEMENT SALES.
(a) In General.--(1) Chapter 651 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and
employees; prices
``(a) The branch, office, or officer designated by the Secretary of
the Navy shall procure and sell, for cash or credit--
``(1) articles specified by the Secretary of the Navy or a
person designated by the Secretary, to members of the Navy and
Marine Corps; and
``(2) items of individual clothing and equipment to members
of the Navy and Marine Corps, under such restrictions as the
Secretary may prescribe.
An account of sales on credit shall be kept and the amount due reported
to any branch office, or officer designated by the Secretary. Except
for articles and items acquired through the use of working capital
funds under section 2208 of this title, sales of articles shall be at
cost, and sales of individual clothing and equipment shall be at
average current prices, including overhead, as determined by the
Secretary.
``(b) The branch, office, or officer designated by the Secretary
shall sell subsistence supplies to members of other armed forces at the
prices at which like property is sold to members of the Navy and Marine
Corps.
``(c) The branch, office, or officer designated by the Secretary
may sell serviceable supplies, other than subsistence supplies, to
members of other armed forces at the prices at which like property is
sold to members of the Navy and Marine Corps.
``(d) A person who has been discharged honorably or under honorable
conditions from the Army, Navy, Air Force, or Marine Corps and who is
receiving care and medical treatment from the Public Health Service or
the Department of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(e) Under such conditions as the Secretary may prescribe,
exterior articles of uniform may be sold to a person who has been
discharged from the Navy or Marine Corps honorably or under honorable
conditions at the prices at which like articles are sold to members of
the Navy or Marine Corps. This subsection does not modify section 772
or 773 of this title.
``(f) Under regulations prescribed by the Secretary, payment for
subsistence supplies shall be made in cash or by commercial credit.
``(g) The Secretary may provide for the procurement and sale of
stores designated by him to such civilian officers and employees of the
United States, and such other persons, as he considers proper--
``(1) at military installations outside the United States
(provided such sales conform with host nation support
agreements); and
``(2) at military installations inside the United States
where the Secretary determines that it is impracticable for
those civilian officers, employees, and persons to obtain those
stores from commercial enterprises without impairing the
efficient operation of military activities.
However, sales to such civilian officers and employees inside the
United States may be only to those who reside within military
installations.
``(h) Appropriations for subsistence of the Navy or Marine Corps
may be applied to the purchase of subsistence supplies for sale to
members of the Navy and Marine Corps on active duty for the use of
themselves and their families.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments
and employees; prices.''.
(b) Conforming Amendments for Other Armed Forces.--(1) Section
4621(f) of such title is amended by inserting before the period at the
end the following: ``or by commercial credit''.
(2) Section 9621(f) of such title is amended by inserting before
the period at the end the following: ``or by commercial credit''.
SEC. 394. 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.--Of the amounts
authorized to be appropriated in section 301(5)--
(1) $50,000,000 shall be available for providing
educational agencies assistance (as defined in subsection
(d)(1)) to local educational agencies; and
(2) $8,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) Notification of Availability of Funds.--Not later than June 30,
1996--
(1) the Secretary of Defense shall notify each local
educational agency that is eligible for educational agencies
assistance for fiscal year 1996 of that agency's eligibility
for such assistance and the amount of such assistance for which
that agency is eligible; and
(2) the Secretary of Education shall notify each local
educational agency that is eligible for an educational agencies
payment for fiscal year 1996 of that agency's eligibility for
such payment and the amount of the payment for which that
agency is eligible.
(c) Disbursement.--The Secretary of Defense (with respect to funds
made available under subsection (a)(1)) and the Secretary of Education
(with respect to funds made available under subsection (a)(2)) shall
disburse such funds not later than 30 days after the date on which
notification to the eligible local education agencies is provided
pursuant to subsection (b).
(d) Definitions.--For purposes of this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under subsection (b) of section 386 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 238 note).
(2) The term ``educational agencies payments'' means
payments authorized under subsection (d) of that section.
(e) Reduction in Impact Threshold.--Subsection (c)(1) of section
386 of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 238 note) is amended--
(1) by striking out ``30 percent'' and inserting in lieu
thereof ``20 percent''; and
(2) by striking out ``counted under subsection (a) or (b)
of section 3 of the Act of September 30, 1950 (Public Law 874,
Eighty-first Congress; 20 U.S.C. 238)''.
(f) Extension of Reporting Requirement.--Subsection (e)(1) of
section 386 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 20 U.S.C. 238 note) is amended by striking
out ``and 1995'' and inserting in lieu thereof ``1995, and 1996''.
(g) Technical Amendments To Correct References to Repealed Law.--
Section 386 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 20 U.S.C. 238 note) is amended--
(1) in subsection (d), by striking out ``under section 3''
and all that follows through ``of such subsection that result
from'' and inserting in lieu thereof ``payments under section
8003(e) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(e)) as a result of'';
(2) in subsection (e)(2)(C), by inserting after ``et
seq.),'' the following: ``title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.),'';
(3) in subsection (e)(2)(D), by striking out ``under
subsections (a) and (b) of section 3 of such Act (20 U.S.C.
238)''; and
(4) in subsection (h)--
(A) in paragraph (1), by striking out ``section
1471(12) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2891(12))'' and inserting in lieu
thereof ``section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9))'';
and
(B) by striking out paragraph (3) and inserting in
lieu thereof the following new paragraph:
``(3) The term `State' does not include Puerto Rico, Wake
Island, Guam, American Samoa, the Northern Mariana Islands, or
the Virgin Islands.''.
SEC. 395. CORE LOGISTICS CAPABILITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 146 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2473. Depot-level maintenance and repair workload
``(a) Importance of Depot-Level Maintenance and Repair Core
Capabilities.--It is essential for the national defense that the United
States maintain a core depot-level maintenance and repair capability
(including skilled personnel, equipment, and facilities) within
facilities owned and operated by the Department of Defense that--
``(1) is of the proper size (A) to ensure a ready and
controlled source of technical competence and repair and
maintenance capability necessary to meet the requirements of
the National Military Strategy and other requirements for
responding to military contingencies, and (B) to provide for
rapid augmentation in time of emergency; and
``(2) is assigned sufficient workload to ensure cost
efficiency and proficiency in time of peace.
``(b) Determination of Core Depot Maintenance Activities.--(1) The
Secretary of each military department shall identify those depot-level
maintenance and repair activities under that Secretary's jurisdiction
that are necessary to ensure for that military department the depot-
level maintenance and repair capability described in subsection (a) and
as required by section 2464 of this title.
``(2) The Secretary of each military department shall prescribe the
procedures to be used to quantify the requirements necessary to support
the capability described in subsection (a).
``(c) Performance of Workload That Supports Depot-Level Maintenance
and Repair Core Capabilities.--The Secretary of each military
department shall require the performance of depot-level maintenance and
repair of activities identified under subsection (b) at organic
Department of Defense maintenance depots at levels sufficient to ensure
that the Department of Defense maintains the core depot-level
maintenance and repair capability described in subsection (a).
``(d) Interservicing of Workload.--The Secretary of Defense, after
consultation with the Secretaries of the military departments, may
transfer workload that supports the core capability described in
subsection (a) from one military department to another. The Secretary
of Defense shall use merit-based criteria in evaluating such transfers.
``(e) Source of Repair for Other Depot-Level Workloads.--In the
case of depot-level maintenance and repair workloads in excess of the
workload required pursuant to subsection (c) to be performed at organic
Department of Defense depots, the Secretary of Defense, after
consultation with the Secretaries of the military departments, may
provide for the performance of those workloads through sources selected
by competition. The Secretary of Defense shall use competition between
private firms and organic Department of Defense depots for any such
workload when the Secretary determines there are less than two
qualified sources of supply among private firms for the performance of
that specific depot-level maintenance workload.
``(f) Depot-Level Workload Competitions.--In any competition under
this section for a depot-level workload (whether among private firms or
between Department of Defense activities and private firms), bids from
any entity participating in the competition shall accurately disclose
all costs properly and consistently derived from accounting systems and
practices that comply with laws, policies, and standards applicable to
that entity. In any competition between Department of Defense
activities and private firms, the Government calculation for the cost
of performance of the function by Department of Defense civilian
employees shall be based on an estimate using the most efficient and
cost effective manner for performance of such function by Department of
Defense civilian employees.
``(g) Annual Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to Congress a report specifying depot
maintenance core capability requirements determined in accordance with
the procedures established to comply with subsection (b)(2) and the
planned amount of workload to be accomplished in the organic depots of
each military department in support of those requirements for the
following fiscal year. The report shall identify the planned amount of
workload measured by direct labor hours and by amounts expended and
shall be shown separately for each commodity group.''.
(b) Repeal of 60/40 Requirement and Requirement Relating to
Competition.--Effective December 31, 1996--
(1) section 2466 of title 10, United States Code, is
repealed unless Congress takes further action regarding such
repeal; and
(2) section 2469 of title 10, United States Code, is
repealed unless Congress takes further action regarding such
repeal.
(c) Interim Exclusion of Large Maintenance and Repair Projects From
60/40 Requirement.--Effective on the date of the enactment of this Act,
section 2466(d) of title 10, United States Code, is amended--
(1) by striking out ``Exception.--'' and inserting in lieu
thereof ``Exceptions.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2) If a maintenance or repair project for a single item that is
contracted for performance by non-Federal Government personnel accounts
for 5 percent or more of the funds made available in a fiscal year to a
military department or a Defense Agency for depot-level maintenance and
repair workload, the project and the funds necessary for the project
shall not be considered when applying the percentage limitation
specified in subsection (a) to that military department or Defense
Agency.''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 146 of such title is amended--
(1) effective December 31, 1996, by striking out the items
relating to sections 2466 and 2469; and
(2) by adding at the end the following new item:
``2473. Depot-level maintenance and repair workload.''.
(e) Report on Depot-Level Maintenance and Repair Workload.--Not
later than March 1, 1996, the Secretary of Defense shall submit to
Congress a report on the depot-level maintenance and repair workload of
the Department of Defense. The report shall include the following:
(1) The analysis required by subsection (f) of the effect
on that workload of the so-called 60/40 requirement.
(2) The analysis required by subsection (g) of the
projected effect on that workload using a definition of core
capability consistent with the description in section 2473(a)
of title 10, United States Code, as added by subsection (a).
(3) The comparison of those analyses required by subsection
(h).
(4) Identification and analysis of significant issues that
arise if organic Department of Defense depots are allowed to
participate in a full and open competition with private firms
for repair workloads in excess of work that supports core
capabilities.
(f) 60/40 Requirement.--(1) The report under subsection (e) shall
include an analysis of the requirement under section 2466 of title 10,
United States Code, that no more than 40 percent of the depot-level
maintenance and repair work of the Department of Defense be contracted
for performance by non-Government personnel. That analysis shall
include the following:
(A) A description of the effect on military readiness and
the national security resulting from that requirement,
including a description of any specific difficulties
experienced by the Department of Defense as a result of that
requirement.
(B) A determination of the depot-level maintenance and
repair workload of the Department of Defense allocated for
performance by organic Department of Defense depots for any
fiscal year during which the requirement has been in effect,
the percentage of funds for that workload that were obligated
to private sector entities, shown for each such fiscal year and
for the entire period during which the requirement has been in
effect.
(2) That analysis shall be made with respect to--
(A) the distribution during the five fiscal years ending
with fiscal year 1995 of the depot-level maintenance and repair
workload of the Department of Defense between organic
Department of Defense depots and non-Government personnel,
measured by direct labor hours and by amounts expended, and
displayed, for that five-year period and for each year of that
period, so as to show (for each military department (and
separately for the Navy and Marine Corps)) such distribution
for each commodity group (such as naval vessels, aircraft,
tracked combat vehicles); and
(B) the projected distribution during the five fiscal years
beginning with fiscal year 1996 of the depot-level maintenance
and repair workload of the Department of Defense between
organic Department of Defense depots and non-Government
personnel, set forth in the same manner as described in
subparagraph (A).
(g) Core Workload Analysis.--The report under subsection (e) shall
include an analysis of the depot-level maintenance and repair workload
of the Department of Defense in which the Secretary uses the capability
described in section 2473(a) of title 10, United States Code, as added
by subsection (a), as the standard for determining that portion of such
workload that is required to be performed in organic Department of
Defense facilities. That analysis shall be made with respect to--
(1) the distribution that would (using that standard) have
been made during the five fiscal years ending with fiscal year
1995 of the depot-level maintenance and repair workload of the
Department of Defense between organic Department of Defense
depots and non-Government personnel, measured by direct labor
hours and by amounts expended, and displayed, for that five-
year period and for each year of that period, so as to show
(for each military department (and separately for the Navy and
Marine Corps)) such distribution for each commodity group (such
as naval vessels, aircraft, tracked combat vehicles); and
(2) the projected distribution (using that standard) during
the five fiscal years beginning with fiscal year 1996 of the
depot-level maintenance and repair workload of the Department
of Defense between organic Department of Defense depots and
non-Government personnel, set forth in the same manner as
described in paragraph (1).
(h) Comparison.--The report under subsection (e) shall include a
comparison of the results of the analysis of the depot-level
maintenance and repair workload of the Department of Defense under
subsection (f) with the results of the analysis of that workload under
subsection (g). The comparison shall include a comparison of the two
analyses by service and commodity group with respect to each of the
following:
(1) Identification, based on each analysis, of core
workloads and of the capabilities and equipment needed to
perform depot-level maintenance and repair for those core
workloads.
(2) Identification, based on each analysis, of depot-level
maintenance and repair work performed (or that would be
performed) at organic Department of Defense depots and of
depot-level maintenance and repair work performed (or that
would be performed) by non-Government personnel.
(3) Readiness.
(4) The Department of Defense budget.
(5) The depot-level maintenance and repair workload
distribution, under each analysis, by direct labor hours
performed and by dollars expended.
(6) Projected level, for each analysis, of Government
capital investment in public and private depot-level
maintenance and repair facilities.
(i) Review by GAO.--(1) The Comptroller General of the United
States shall conduct an independent audit of the findings of the
Secretary of Defense in the report under subsection (e). The Secretary
of Defense shall provide to the Comptroller General for such purpose
all information used by the Secretary in preparing such report.
(2) Not later than April 1, 1996, the Comptroller General shall
submit to the congressional defense committees a report on the analysis
by the Comptroller General of the report submitted by the Secretary of
Defense under this section.
SEC. 396. EXPANSION OF SOUTHWEST BORDER STATES ANTI-DRUG INFORMATION
SYSTEM.
Congress finds that the Southwest Border States Anti-Drug
Information Systems program is an important element in the effort of
the Department of Defense to support law enforcement agencies in the
fight against illegal trafficking of narcotics.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1996 , as follows:
(1) The Army, 495,000.
(2) The Navy, 428,000.
(3) The Marine Corps, 174,000.
(4) The Air Force, 388,200.
SEC. 402. TEMPORARY VARIATIONS IN DOPMA AUTHORIZED END STRENGTH
LIMITATIONS FOR ACTIVE DUTY NAVY AND AIR FORCE OFFICERS
IN CERTAIN GRADES.
(a) Air Force Officers in Grade of Major.--Notwithstanding section
523(a)(1) of title 10, United States Code, and except as provided in
section 523(c) of such title, of the total number of commissioned
officers serving on active duty in the Air Force at the end of any
fiscal year through fiscal year 1997 (excluding officers in categories
specified in section 523(b) of title 10, United States Code), the
number of officers who may be serving on active duty in the grade of
major may not, as of the end of such fiscal year, exceed the number
determined in accordance with the following table:
------------------------------------------------------------------------
Number of
Total number of Air Force officers
commissioned officers (excluding who may be
officers in categories specified serving on
in section 523(b) of title 10, active duty
United States Code) on active in grade of
duty major
------------------------------------------------------------------------
70,000........................ 14,612
75,000........................ 15,407
80,000........................ 16,202
85,000........................ 16,997
90,000........................ 17,792
95,000........................ 18,587
100,000........................ 19,382
105,000........................ 20,177
110,000........................ 20,971
115,000........................ 21,766
120,000........................ 22,561
125,000........................ 23,356
------------------------------------------------------------------------
(b) Navy Officers in Grades of Lieutenant Commander, Commander, and
Captain.--Notwithstanding section 523(a)(2) of title 10, United States
Code, and except as provided in section 523(c) of such title, of the
total number of commissioned officers serving on active duty in the
Navy at the end of any fiscal year through fiscal year 1997 (excluding
officers in categories specified in section 523(b) of title 10, United
States Code), the number of officers who may be serving on active duty
in each of the grades of lieutenant commander, commander, and captain
may not, as of the end of such fiscal year, exceed a number determined
in accordance with the following table:
------------------------------------------------------------------------
Total number of Navy commissioned Number of officers who may be serving
officers (excluding officers in on active duty in grade of
categories specified in section --------------------------------------
523(b) of title 10, United States Lieutenant
Code) on active duty Commander Commander Captain
------------------------------------------------------------------------
45,000......................... 10,034 6,498 2,801
48,000......................... 10,475 6,706 2,902
51,000......................... 10,916 6,912 3,002
54,000......................... 11,357 7,120 3,103
57,000......................... 11,798 7,328 3,204
60,000......................... 12,239 7,535 3,305
63,000......................... 12,680 7,742 3,406
66,000......................... 13,121 7,949 3,506
70,000......................... 13,709 8,226 3,641
90,000......................... 16,649 9,608 4,313
------------------------------------------------------------------------
Subtitle B--Reserve Forces
SEC. 411. 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, 1996, as follows:
(1) The Army National Guard of the United States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,608.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 109,458.
(6) The Air Force Reserve, 73,969.
(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 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.
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. 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, 1996
, 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, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,490.
(4) The Marine Corps Reserve, 2,285.
(5) The Air National Guard of the United States, 9,817.
(6) The Air Force Reserve, 628.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PERSONNEL ASSIGNED IN
SUPPORT OF RESERVE COMPONENT TRAINING.
Section 414(c) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 12001 note) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may count toward the number of
active component personnel required under paragraph (1) to be assigned
to serve as advisers under the program under this section any active
component personnel who are assigned to an active component unit (A)
that was established principally for the purpose of providing dedicated
training support to reserve component units, and (B) the primary
mission of which is to provide such dedicated training support.''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1996, the components of the Armed
Forces are authorized average military training loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Scope.--The average military training student loads authorized
for an armed force under subsection (a) apply to the active and reserve
components of that armed force.
(c) Adjustments.--The average military student loads authorized in
subsection (a) shall be adjusted consistent with the end strengths
authorized in subtitles A and B. The Secretary of Defense shall
prescribe the manner in which such adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1996 a total of
$68,951,663,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1996.
SEC. 432. AUTHORIZATION FOR INCREASE IN ACTIVE-DUTY END STRENGTHS.
(a) Authorization.--There is hereby authorized to be appropriated
to the Department of Defense for fiscal year 1996 for military
personnel the sum of $112,000,000. Any amount appropriated pursuant to
this section shall be allocated, in such manner as the Secretary of
Defense prescribes, among appropriations for active-component military
personnel for that fiscal year and shall be available only to increase
the number of members of the Armed Forces on active duty during that
fiscal year (compared to the number of members that would be on active
duty but for such appropriation).
(b) Effect on End Strengths.--The end-strength authorizations in
section 401 shall each be deemed to be increased by such number as
necessary to take account of additional members of the Armed Forces
authorized by the Secretary of Defense pursuant to subsection (a).
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORITY TO EXTEND TRANSITION PERIOD FOR OFFICERS SELECTED
FOR EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(e) The Secretary concerned may defer for not more than 90 days
the retirement of an officer otherwise approved for early retirement
under this section in order to prevent a personal hardship to the
officer or for other humanitarian reasons.''.
(b) Selective Early Retirement of Active-Duty Officers.--Section
638(b) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) The Secretary concerned may defer for not more than 90 days
the retirement of an officer otherwise approved for early retirement
under this section or section 638a of this title in order to prevent a
personal hardship to the officer or for other humanitarian reasons.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. MILITARY TECHNICIAN FULL-TIME SUPPORT PROGRAM FOR ARMY AND
AIR FORCE RESERVE COMPONENTS.
(a) Requirement of Annual Authorization of End Strength.--(1)
Section 115 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(g) Congress shall authorize for each fiscal year the end
strength for military technicians for each reserve component of the
Army and Air Force. Funds available to the Department of Defense for
any fiscal year may not be used for the pay of a military technician
during that fiscal year unless the technician fills a position that is
within the number of such positions authorized by law for that fiscal
year for the reserve component of that technician. This subsection
applies without regard to section 129 of this title.''.
(2) The amendment made by paragraph (1) does not apply with respect
to fiscal year 1995.
(b) Authorization for Fiscal Years 1996 and 1997.--For each of
fiscal years 1996 and 1997, the number of military technicians, as of
the last day of that fiscal year, for the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code) may not
exceed the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
(c) Administration of Military Technician Program.--(1) Chapter
1007 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 10216. Military technicians
``(a) Priority for Management of Military Technicians.--(1) As a
basis for making the annual request to Congress pursuant to section 115
of this title for authorization of end strengths for military
technicians of the Army and Air Force reserve components, the Secretary
of Defense shall give priority to supporting authorizations for dual
status military technicians in the following high-priority units and
organizations:
``(A) Units of the Selected Reserve that are scheduled to
deploy no later than 90 days after mobilization.
``(B) Units of the Selected Reserve that are or will deploy
to relieve active duty peacetime operations tempo.
``(C) Those organizations with the primary mission of
providing direct support surface and aviation maintenance for
the reserve components of the Army and Air Force, to the extent
that the military technicians in such units would mobilize and
deploy in a skill that is compatible with their civilian
position skill.
``(2) For each fiscal year, the Secretary of Defense shall, for the
high-priority units and organizations referred to in paragraph (1),
achieve a programmed manning level for military technicians that is not
less than 90 percent of the programmed manpower structure for those
units and organizations for military technicians for that fiscal year.
``(3) For each fiscal year, the Secretary of Defense shall, for
reserve component management headquarters organizations (including
national and State-level National Guard headquarters, in United States
Property and Fiscal Offices, and in similar management-level
headquarters in the Army and Air Force Reserve), achieve a programmed
manning level for military technicians that is not more than 70 percent
of the programmed manpower structure for those organizations for
military technicians for that fiscal year.
``(4) Military technician authorizations and personnel in high-
priority units and organizations specified in paragraph (1) shall be
exempt from any requirement (imposed by law or otherwise) for
reductions in Department of Defense civilian personnel and shall only
be reduced as part of military force structure reductions. Planned
reductions in Department of Defense civilian personnel that would apply
to such technician authorizations and personnel but for this paragraph
shall be reallocated by the Secretary of Defense on a proportional
basis throughout the Department of Defense, with an emphasis on
reducing headquarters personnel.
``(b) Dual-Status Requirement.--The Secretary of Defense shall
require the Secretary of the Army and the Secretary of the Air Force to
establish as a condition of employment for each individual who is hired
after the date of the enactment of this section as a military
technician that the individual maintain membership in the Selected
Reserve (so as to be a so-called `dual-status' technician) and shall
require that the civilian and military position skill requirements of
dual-status military technicians be compatible. No Department of
Defense funds may be spent for compensation for any military technician
hired after the date of the enactment of this section who is not a
member of the Selected Reserve, except that compensation may be paid
for up to six months following loss of membership in the selected
reserve if such loss of membership was not due to the failure to meet
military standards.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10216. Military technicians.''.
(d) Review of Reserve Component Management Headquarters.--(1) The
Secretary of Defense shall, within six months after the date of the
enactment of this Act, undertake steps to reduce, consolidate, and
streamline management headquarters operations of the reserve
components. As part of those steps, the Secretary shall identify those
military technicians positions in such headquarters operations that are
excess to the requirements of those headquarters.
(2) Of the military technicians positions that are identified under
paragraph (1), the Secretary shall reallocate up to 95 percent of those
positions to the high-priority units and activities specified in
section 10216(a) of title 10, United States Code, as added by
subsection (c).
(e) Annual Defense Manpower Requirements Report.--Section 115a of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(h) In each such report, the Secretary shall include a separate
report on the Army and Air Force military technician programs. The
report shall include a presentation, shown by reserve component and
shown both as of the end of the preceding fiscal year and for the next
fiscal year, of the following:
``(1) The number of military technicians required to be
employed (as specified in accordance with Department of Defense
procedures), the number authorized to be employed under
Department of Defense personnel procedures, and the number
actually employed.
``(2) Within each of the numbers under paragraph (1)--
``(A) the number applicable to a reserve component
management headquarter organization; and
``(B) the number applicable to high-priority units
and organizations (as specified in section 10216(a) of
this title).
``(3) Within each of the numbers under paragraph (1), the
numbers of military technicians who are not themselves members
of a reserve component (so-called `single-status' technicians),
with a further display of such numbers as specified in
paragraph (2).''.
SEC. 512. MILITARY LEAVE FOR MILITARY RESERVE TECHNICIANS FOR CERTAIN
DUTY OVERSEAS.
Section 6323 of title 5, United States Code is amended by adding at
the end the following new subsection:
``(d)(1) A military reserve technician described in section
8401(30) is entitled at such person's request to leave without loss of,
or reduction in, pay, leave to which such person is otherwise entitled,
credit for time or service, or performance or efficiency rating for
each day, not to exceed 44 workdays in a calendar year, in which such
person is on active duty without pay, as authorized pursuant to section
12315 of title 10, under section 12301(b) or 12301(d) of title 10
(other than active duty during a war or national emergency declared by
the President or Congress) for participation in noncombat operations
outside the United States, its territories and possessions.
``(2) An employee who requests annual leave or compensatory time to
which the employee is otherwise entitled, for a period during which the
employee would have been entitled upon request to leave under this
subsection, may be granted such annual leave or compensatory time
without regard to this section or section 5519.''.
SEC. 513. REVISIONS TO ARMY GUARD COMBAT REFORM INITIATIVE TO INCLUDE
ARMY RESERVE UNDER CERTAIN PROVISIONS AND MAKE CERTAIN
REVISIONS.
(a) Prior Active Duty Personnel.--Section 1111 of the Army National
Guard Combat Readiness Reform Act of 1992 (title XI of Public Law 102-
484) is amended--
(1) in the section heading, by striking out the first three
words;
(2) by striking out subsections (a) and (b) and inserting
in lieu thereof the following:
``(a) Additional Prior Active Duty Officers.--The Secretary of the
Army shall increase the number of qualified prior active-duty officers
in the Army National Guard by providing a program that permits the
separation of officers on active duty with at least two, but less than
three, years of active service upon condition that the officer is
accepted for appointment in the Army National Guard. The Secretary
shall have a goal of having not fewer than 150 officers become members
of the Army National Guard each year under this section.
``(b) Additional Prior Active Duty Enlisted Members.--The Secretary
of the Army shall increase the number of qualified prior active-duty
enlisted members in the Army National Guard through the use of
enlistments as described in section 8020 of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139). The Secretary shall
enlist not fewer than 1,000 new enlisted members each year under
enlistments described in that section.''; and
(3) by striking out subsections (d) and (e).
(b) Service in the Selected Reserve in Lieu of Active Duty Service
for ROTC Graduates.--Section 1112(b) of such Act (106 Stat. 2537) is
amended by striking out ``National Guard'' before the period at the end
and inserting in lieu thereof ``Selected Reserve''.
(c) Review of Officer Promotions.--Section 1113 of such Act (106
Stat. 2537) is amended--
(1) in subsection (a), by striking out ``National Guard''
both places it appears and inserting in lieu thereof ``Selected
Reserve'';
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Coverage of Selected Reserve Combat and Early Deploying
Units.--(1) Subsection (a) applies to officers in all units of the
Selected Reserve that are designated as combat units or that are
designated for deployment within 75 days of mobilization.
``(2) Subsection (a) shall take effect with respect to officers of
the Army Reserve, and with respect to officers of the Army National
Guard in units not subject to subsection (a) as of the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1996, at the end of the 90-day period beginning on such date of
enactment.''.
(d) Initial Entry Training and Nondeployable Personnel.--Section
1115 of such Act (106 Stat. 2538) is amended--
(1) in subsections (a) and (b), by striking out ``National
Guard'' each place it appears and inserting in lieu thereof
``Selected Reserve''; and
(2) in subsection (c)--
(A) by striking out ``a member of the Army National
Guard enters the National Guard'' and inserting in lieu
thereof ``a member of the Army Selected Reserve enters
the Army Selected Reserve''; and
(B) by striking out ``from the Army National
Guard''.
(e) Accounting of Members Who Fail Physical Deployability
Standards.--Section 1116 of such Act (106 Stat. 2539) is amended by
striking out ``National Guard'' each place it appears and inserting in
lieu thereof ``Selected Reserve''.
(f) Use of Combat Simulators.--Section 1120 of such Act (106 Stat.
2539) is amended by inserting ``and the Army Reserve'' before the
period at the end.
SEC. 514. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.
(a) Clarification of Restriction on Active Duty.--Paragraph (2) of
section 2107(h) of title 10, United States Code, is amended by
inserting ``full-time'' before ``active duty'' in the second sentence.
(b) Redesignation of ROTC Scholarships.--Such paragraph is further
amended by inserting after the first sentence the following new
sentence: ``A cadet designated under this paragraph who, having
initially contracted for service as provided in subsection (b)(5)(A)
and having received financial assistance for two years under an award
providing for four years of financial assistance under this section,
modifies such contract with the consent of the Secretary of the Army to
provide for service as described in subsection (b)(5)(B), may be
counted, for the year in which the contract is modified, toward the
number of appointments required under the preceding sentence for
financial assistance awarded for a period of four years.''.
SEC. 515. REPORT ON FEASIBILITY OF PROVIDING EDUCATION BENEFITS
PROTECTION INSURANCE FOR SERVICE ACADEMY AND ROTC
SCHOLARSHIP STUDENTS WHO BECOME MEDICALLY UNABLE TO
SERVE.
Not later than June 30, 1996, the Secretary of Defense shall submit
to Congress a report on the desirability and the feasibility of the
establishment of an insurance program, to operate at no cost to the
Government, to insure individuals who are cadets or midshipmen at one
of the service academies or who hold Reserve Officer Training Corps
scholarships under section 2107 or 2107a of title 10, United States
Code, against the loss of the value of attendance at such service
academy (in terms of the cost of education at another institution), or
the value of the scholarship, in cases in which such attendance or such
scholarship is terminated by the Secretary of the military department
concerned because the individual has become, through no fault of the
individual, medically disqualified from military service.
SEC. 516. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY AT SENIOR MILITARY
COLLEGES TO SERVE AS COMMANDANT AND ASSISTANT COMMANDANT
OF CADETS AND AS TACTICAL OFFICERS.
(a) In General.--Chapter 103 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2111a. Detail of officers to senior military colleges
``(a) Detail of Officers To Serve as Commandant or Assistant
Commandant of Cadets.--(1) Upon the request of a senior military
college, the Secretary of Defense shall detail an officer on the
active-duty list to serve as Commandant of Cadets at that college or
(in the case of a college with an Assistant Commandant of Cadets)
detail an officer on the active-duty list to serve as Assistant
Commandant of Cadets at that college (but not both).
``(2) In the case of an officer detailed as Commandant of Cadets,
the officer may, upon the request of the college, be assigned from
among the Professor of Military Science, the Professor of Naval Science
(if any), and the Professor of Aerospace Science (if any) at that
college or may be in addition to any other officer detailed to that
college in support of the program.
``(3) In the case of an officer detailed as Assistant Commandant of
Cadets, the officer may, upon the request of the college, be assigned
from among officers otherwise detailed to duty at that college in
support of the program or may be in addition to any other officer
detailed to that college in support of the program.
``(b) Designation of Officers as Tactical Officers.--Upon the
request of a senior military college, the Secretary of Defense shall
authorize officers (other than officers covered by subsection (a)) who
are detailed to duty as instructors at that college to act
simultaneously as tactical officers (with or without compensation) for
the Corps of Cadets at that college.
``(c) Detail of Officers.--The Secretary of a military department
shall designate officers for detail to the program at a senior military
college in accordance with criteria provided by the college. An officer
may not be detailed to a senior military college without the approval
of that college.
``(d) Senior Military Colleges.--The senior military colleges are
the following:
``(1) Texas A&M University.
``(2) Norwich College.
``(3) The Virginia Military Institute.
``(4) The Citadel.
``(5) Virginia Polytechnic Institute and State University.
``(6) North Georgia College.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2111a. Detail of officers to senior military colleges.''.
SEC. 517. MOBILIZATION INCOME INSURANCE PROGRAM FOR MEMBERS OF READY
RESERVE.
(a) Establishment of Program.--(1) Subtitle E of title 10, United
States Code, is amended by inserting after chapter 1213 the following
new chapter:
``CHAPTER 1214--READY RESERVE INCOME INSURANCE
``Sec.
``12521. Definitions.
``12522. Establishment and purpose of program.
``12523. Program administration.
``12524. Eligible insurance companies.
``12525. Persons insured; amount.
``12526. Deductions; payment.
``12527. Payment of insurance; beneficiaries.
``12528. Premiums; accounting to the Secretary.
``12529. Forfeiture.
``Sec. 12521. Definitions
``In this chapter:
``(1) The term `covered service' means active duty in the
armed forces performed by a member of a reserve component under
orders for more than 30 days which specify that the member's
service is in support of an operational mission for which
members of the reserve components have been ordered to active
duty without their consent or in support of forces activated
during a period of war or during a period of national emergency
as declared by the President or Congress.
``(2) The term `covered member' means a member of the Ready
Reserve who is eligible for and who has not declined coverage
under this chapter.
``(3) The term `Secretary' means the Secretary of Defense.
``(4) The term `Department' means the Department of
Defense.
``(5) The term `Board' means the Board of Actuaries
established under section 2006(e)(1) of this title.
``(6) The term `Fund' means the Department of Defense Ready
Reserve Income Insurance Fund.
``Sec. 12522. Establishment and purpose of program
``(a) Establishment.--There is established an insurance program for
members of the Ready Reserve to be known as the Department of Defense
Ready Reserve Income Insurance Program which shall be administered by
the Secretary. There is also established on the books of the Treasury a
fund to be known as the Department of Defense Ready Reserve Income
Insurance Fund, which shall be administered by the Secretary of the
Treasury. The Fund shall be used for the accumulation of funds in order
to finance on an actuarially sound basis liabilities of the Program.
``(b) Assets of Fund.--There shall be deposited into the Fund the
following, which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under sections 12526 and
12528 of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``(c) Board of Actuaries.--The Department of Defense Education
Benefits Fund Board of Actuaries shall have the actuarial
responsibility for the Program.
``(d) Determination of Contributions to the Fund.--(1) Not later
than six months after the Program is established, the Board shall
determine (project) the premium rate for the coverage to be offered.
``(2) If at the time of any such valuation there has been a change
in benefits under the Program that has been made since the last such
valuation and such change in benefits increases or decreases the
present value of amounts payable from the Fund, the Board shall
determine a premium rate methodology and schedule for the liquidation
of any liability (or actuarial gain to the Fund) created by such change
and any previous such changes so that the present value of the sum of
the scheduled premium payments (or reduction in payments that would
otherwise be made) equals the cumulative increase (or decrease) in the
present value of such benefits.
``(3) If at the time of any such valuation the Board determines
that, based upon changes in actuarial assumptions since the last
valuation, there has been an actuarial gain or loss to the Fund, the
Board shall recommend a premium rate schedule for the amortization of
the cumulative gain or loss to the Fund created by such change in
assumptions and any previous such changes in assumptions through an
increase or decrease in the payments that would otherwise be made to
the Fund.
``(4) If at any time liabilities exceed assets of the Fund as a
result of a call up, and funds are unavailable to pay benefits, the
Secretary shall seek a special appropriation to cover the unfunded
liability. If appropriations are not made, in any fiscal year, the
Secretary shall limit the value of any benefits conferred by this
program to an amount that does not exceed assets of the Fund expected
to accrue at the end of such fiscal year. Benefits that cannot be paid
because of such limitation of funds shall be deferred and paid only
after funds become available.
``(e) Payments Into the Fund.--(1) Payment into the Fund under this
subsection shall accumulate in accordance with the provisions of
section 12526 of this title.
``(2) At the beginning of each fiscal year, the Secretary shall
determine the sum of the following:
``(A) The projected amount of the premiums to be collected,
investment earnings, and any special appropriations received
for that fiscal year.
``(B) The amount for that year of any cumulative unfunded
liability (including any negative amount or any gain to the
Fund) resulting from payments of benefits.
``(C) The amount for that year (including any negative
amount) of any cumulative actuarial gain or loss to the Fund.
``(f) Investment of Assets of Fund.--The Secretary of the Treasury
shall invest such portion of the Fund as is not in the judgment of the
Secretary of Defense required to meet current liabilities. Such
investments shall be in public debt securities with maturities suitable
to the needs of the Fund, as determined by the Secretary of Defense,
and bearing interest at rates determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturities. The income on such investments shall be credited to and
form a part of the Fund.
``Sec. 12523. Program administration
``The insurance program provided for in this chapter shall be
administered by the Secretary, who is authorized to adopt such rules,
procedures, and policies as in the Secretary's judgment may be
necessary or appropriate to carry out the purposes of this chapter.
``Sec. 12524. Eligible insurance companies
``(a) The Secretary may, without regard to section 3709 of the
Revised Statutes (41 U.S.C. 5), purchase from one or more insurance
companies a policy or policies of group insurance to offer benefits to
all members. Each such insurance company shall (1) be licensed to issue
insurance in each of the 50 States and in the District of Columbia, and
(2) as of the most recent December 31 for which information is
available to the Secretary, have in effect at least 1 percent of the
total amount of insurance which all such insurance companies have in
effect in the United States.
``(b) Any insurance company which issues a policy under subsection
(a) shall establish an administrative office at a place and under a
name designated by the Secretary.
``(c) The Secretary may use the facilities and services of any
insurance company issuing any policy under this chapter and may
designate one such company as the representative of the other companies
and contract to pay a reasonable fee to the designated company for its
services.
``(d) The Secretary shall arrange with the insurance company
issuing any policy under this chapter to reinsure, under conditions
approved by the Secretary, portions of the total amount of insurance
under such policy or policies with such other insurance companies
(which meet qualifying criteria set forth by the Secretary) as may
elect to participate in such reinsurance.
``(e) The Secretary may at any time discontinue any policy
purchased under this section.
``Sec. 12525. Persons insured; amount
``(a)(1) Any policy of insurance provided under this chapter shall
insure each covered member of the Ready Reserve against covered
service. Any covered member ordered into covered service shall be
entitled to payment of a basic benefit of $1,000 for each month of
covered service which is in excess of the initial 30 days of covered
service, unless the member has elected in writing (A) not to be insured
under this chapter, (B) to be insured for a lower benefit of half the
basic benefit, or (C) to be insured in a greater amount, in increments
of $500, above the basic benefit not to exceed $5,000 per month of
covered service (adjusted pursuant to paragraph (2)), following the
initial 30 days of covered service, except that no member may be paid
under this chapter for more than 12 months of covered service served
during any period of 18 months. Payment for any period of covered
service less than one month shall be at the rate of one-thirtieth of
the monthly rate for each day served. Payment shall be based solely on
insured status and on the period of covered service served; no proof of
lost income or expenses incurred as a result of covered service shall
be required.
``(2) The Secretary shall determine annually the effect of
inflation on the benefits and establish an adjustment rate which
ensures that there is no loss of value in the benefits payable to a
member. Adjustments shall apply to benefits for members with existing
coverage and for newly eligible members. Such adjustments for inflation
will be rounded to the nearest $10 increment.
``(3) Members of the Ready Reserve who, under regulations
prescribed by the Secretary of Defense in coordination with the
Secretary of Transportation, are serving on active duty (or full-time
National Guard duty) shall not be eligible to purchase insurance under
this chapter. Additional categories of members of the Ready Reserve, in
the discretion of the Secretary of Defense, may also be excluded from
eligibility to purchase insurance under this chapter.
``(b) Promptly following the effective date of this chapter, the
Secretary shall make a one-time offer of insurance coverage under this
chapter to all persons who were members of the Ready Reserve of an
armed force on that date and who remain members of the Ready Reserve.
Members of the Ready Reserve, first becoming eligible for coverage
after the effective date of this chapter, shall be automatically
enrolled for the basic benefit unless declined, or another amount is
elected under subsection (a)(1).
``(c) Members shall be given a written explanation of the insurance
and be advised that they have the right (1) to decline coverage
altogether, (2) to select half the basic benefit, or (3) to select
increased benefits. The right of a member of the Ready Reserve to
decline, increase, or decrease coverage shall be exercised within 30
days of first being eligible for coverage.
``Sec. 12526. Deductions; payment
``(a)(1) During any period in which a member insured under this
chapter is participating in paid reserve training or other duty, there
shall be deducted each month from the member's basic pay or
compensation for inactive duty training an amount determined by the
Secretary to be the same for all members of the Ready Reserve who
subscribe to the same amount of insurance as the share of the cost
attributable to insuring such member. As provided in section 12525 of
this title, the Secretary may establish graduated monthly premiums for
an amount of insurance less than the basic amount of coverage or in
excess of the basic coverage amount.
``(2) Any member insured under this chapter who is not in a pay
status in which the member receives pay on a monthly basis shall pay
the cost attributable to insuring such member in accordance with
regulations to be adopted by the Secretary.
``(b) An amount equal to the first amount due on insurance under
this chapter may be advanced from current appropriations for military
pay to any such member, which amount shall constitute a lien upon the
pay for military service accruing to the person to whom such advance
was made, and shall be collected therefrom if not otherwise paid. No
disbursing or certifying officer shall be responsible for any loss by
reason of such advance.
``(c) The sums withheld from the basic or other pay of insured
members or deposited by insured members, together with the income
derived from any dividends or premium rate adjustments, shall be
deposited to the credit of the Fund. All premium payments for insurance
issued under this chapter shall be deposited into the Fund.
``Sec. 12527. Payment of insurance; beneficiaries
``(a) A member insured under this chapter who serves in excess of
30 days of covered service shall be paid the amount to which such
member is entitled on a monthly basis, with the first payment due no
later than one month following the 30th day of covered service. The
Secretary shall adopt regulations prescribing the manner in which
payments shall be made, either to the member or, in accordance with
subsection (d), to a designated person or entity.
``(b) A member may designate in writing another person (including a
spouse, parent, or other person with an insurable interest as
determined by the Secretary by regulation) to whom the insurance
payments to which such member is entitled are to be paid. Such
designation may be made to a bank or other financial institution, to
the credit of a designated person. In the latter event, insurance
payments to which a member becomes entitled shall be paid to the
designated person, bank or financial institution.
``(c) Any amount of insurance payable under this chapter on account
of a deceased member's period of covered service shall be paid, upon
the establishment of a valid claim therefor, to the beneficiary or
beneficiaries which the former member had designated in writing. If no
such designation has been made, the amount shall be payable in
accordance with the laws of the State of the member's domicile.
``Sec. 12528. Premiums; accounting to the Secretary
``(a) Each policy of insurance provided by the Secretary under this
chapter shall include for the first policy years a fixed monetary
premium per $1,000 of insurance, based, in consultation with the Board,
on the best available estimate of risk and financial exposure, levels
of subscription by members, and other relevant factors. Different
premium levels may be established for different amounts of coverage,
provided that the premium rate established for the basic benefit shall
not be at a premium rate higher than the premium rate set for increased
coverages.
``(b) Each policy shall include provisions whereby the premium rate
for the first policy year shall be continued for subsequent policy
years (but the premium amount may be increased to account or inflation-
adjusted benefit increases). The rate may be readjusted for any
subsequent year with the consent of the Secretary based on prior
consultation with the Board of Actuaries.
``Sec. 12529. Forfeiture
``Any person found guilty of mutiny, treason, spying, or desertion,
or who refuses to perform service in the armed forces or refuses to
wear the uniform of any of the armed forces, shall forfeit all rights
to insurance under this chapter.''.
(2) The tables of chapters at the beginning of subtitle E, and at
the beginning of part II of subtitle E, of title 10, United States
Code, are amended by inserting after the item relating to chapter 1213
the following new item:
``1214. Ready Reserve Income Insurance...................... 12521''.
(b) Effective Date.--The insurance program provided for in chapter
1218 of title 10, United States Code, as added by subsection (a), and
the deductions and contributions for that program shall take effect on
a date designated by the Secretary. Such date may not be later than
September 30, 1996. The Secretary shall publish in the Federal Register
notice of such effective date.
SEC. 518. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL HEADQUARTERS
STRUCTURE.
(a) Delay.--The Secretary of the Army may not take any action to
reorganize the regional headquarters and basic camp structure of the
Reserve Officers Training Corps program of the Army until six months
after the date on which the report required by subsection (d) is
submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall conduct
a comparative cost-benefit analysis of various options for the
reorganization of the regional headquarters and basic camp structure of
the Army ROTC program. As part of such analysis, the Secretary shall
measure each reorganization option considered against a common set of
criteria.
(c) Selection of Reorganization Option for Implementation.--Based
on the findings resulting from the cost-benefit analysis under
subsection (b) and such other factors as the Secretary considers
appropriate, the Secretary shall select one reorganization option for
implementation. The Secretary may select an option for implementation
only if the Secretary finds that the cost-benefit analysis and other
factors considered clearly demonstrate that such option, better than
any other option considered--
(1) provides the structure to meet projected mission
requirements;
(2) achieves the most significant personnel and cost
savings;
(3) uses existing basic and advanced camp facilities to the
maximum extent possible;
(4) minimizes additional military construction costs; and
(5) makes maximum use of the reserve components to support
basic and advanced camp operations, thereby minimizing the
effect of those operations on active duty units.
(d) Report.--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 describing the reorganization
option selected under subsection (c). The report shall include the
results of the cost-benefit analysis under subsection (b) and a
detailed rationale for the reorganization option selected.
SEC. 519. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) Associate Units.--Subsection (a) of section 1131 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2540) is amended to read as follows:
``(a) Associate Units.--The Secretary of the Army shall require--
``(1) that each ground combat maneuver brigade of the Army
National Guard that (as determined by the Secretary) is
essential for the execution of the National Military Strategy
be associated with an active-duty combat unit; and
``(2) that combat support and combat service support units
of the Army Selected Reserve that (as determined by the
Secretary) are essential for the execution of the National
Military Strategy be associated with active-duty units.''.
(b) Responsibilities.--Subsection (b) of such section is amended--
(1) by striking out ``National Guard combat unit'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``National Guard unit or Army Selected Reserve unit that (as
determined by the Secretary under subsection (a)) is essential
for the execution of the National Military Strategy''; and
(2) by striking out ``of the National Guard unit'' in
paragraphs (1), (2), (3), and (4) and inserting in lieu thereof
``of that unit''.
Subtitle C--Matters Relating to Force Levels
SEC. 521. FLOOR ON END STRENGTHS.
(a) In General.--Chapter 39 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 691. Permanent end strength levels to support two major regional
contingencies
``(a) The end strengths specified in subsection (b) are the minimum
strengths necessary to enable the armed forces to fulfill a national
defense strategy calling for the United States to be able to
successfully conduct two nearly simultaneous major regional
contingencies.
``(b) Unless otherwise provided by law, the number of members of
the armed forces (other than the Coast Guard) on active duty at the end
of any fiscal year shall be not less than the following:
``(1) For the Army, 495,000.
``(2) For the Navy, 395,000.
``(3) For the Marine Corps, 174,000.
``(4) For the Air Force, 381,000.
``(c) No funds appropriated to the Department of Defense may be
used to reduce the active duty end strengths for the armed forces below
the levels specified in subsection (b) unless the Secretary of Defense
submits to Congress notice of the proposed lower end strength levels
and a justification for those levels. No action may then be taken to
reduce such end strengths below the levels specified in subsection (b)
until the end of the six-month period beginning on the date of the
submission of such notification to Congress.
``(d) The number of members of the armed forces on active duty
shall be counted for purposes of this section in the same manner as
applies under section 115(a)(1) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``691. Permanent end strength levels to support two major regional
contingencies.''.
SEC. 522. ARMY OFFICER MANNING LEVELS.
(a) In General.--(1) Chapter 331 of title 10, United States Code,
is amended by inserting after the table of sections the following new
section:
``Sec. 3201. Officers on active duty: minimum strength based on
requirements
``(a) The Secretary of the Army shall ensure that (beginning with
fiscal year 1999) the strength at the end of each fiscal year of
officers on active duty is sufficient to enable the Army to meet at
least 90 percent of the programmed manpower structure for the active
component of the Army.
``(b) The number of officers on active duty shall be counted for
purposes of this section in the same manner as applies under section
115(a)(1) of this title.
``(c) In this section:
``(1) The term `programmed manpower structure' means the
aggregation of billets describing the full manpower
requirements for units and organizations in the programmed
force structure.
``(2) The term `programmed force structure' means the set
of units and organizations that exist in the current year and
that is planned to exist in each future year under the then-
current Future-Years Defense Program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after ``Sec.'' the following new item:
``3201. Officers on active duty: minimum strength based on
requirements.''.
(b) Assistance in Accomplishing Requirement.--The Secretary of
Defense shall provide to the Army sufficient personnel and financial
resources (including resources from outside Army accounts) to enable
the Army to meet the requirement specified in section 3201 of title 10,
United States Code, as added by subsection (a).
SEC. 523. COMPTROLLER GENERAL REVIEW OF PROPOSED ARMY END STRENGTH
ALLOCATIONS.
(a) In General.--During fiscal years 1996 through 2001, the
Comptroller General of the United States shall analyze the plans of the
Secretary of the Army for the allocation of assigned active component
end strengths for the Army through the requirements process known as
Total Army Analysis 2003 and through any subsequent similar
requirements process of the Army that is conducted before 2002. The
Comptroller General's analysis shall consider whether the proposed
active component end strengths and planned allocation of forces for
that period will be sufficient to implement the national military
strategy. In monitoring those plans, the Comptroller General shall
determine the extent to which the Army will be able during that
period--
(1) to man fully the combat force based on the projected
active component Army end strength for each of fiscal years
1996 through 2001;
(2) to meet the support requirements for the force and
strategy specified in the report of the Bottom-Up Review,
including requirements for operations other than war; and
(3) to streamline further Army infrastructure in order to
eliminate duplication and inefficiencies and replace active
duty personnel in overhead positions, whenever practicable,
with civilian or reserve personnel.
(b) Access to Documents, Etc.--The Secretary of the Army shall
ensure that the Comptroller General is provided access, on a timely
basis and in accordance with the needs of the Comptroller General, to
all analyses, models, memoranda, reports, and other documents prepared
or used in connection with the requirements process of the Army known
as Total Army Analysis 2003 and any subsequent similar requirements
process of the Army that is conducted before 2002.
(c) Annual Report.--Not later than March 1 of each year through
2002, the Comptroller General shall submit to Congress a report on the
findings and conclusions of the Comptroller General under this section.
SEC. 524. MANNING STATUS OF HIGHLY DEPLOYABLE SUPPORT UNITS.
Not later than September 30, 1996, the Secretary of each military
department 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 units under that Secretary's
jurisdiction that (as determined by the Secretary) are high-priority
support units that would deploy early in a contingency operation or
other crisis and that are, as a matter of policy, managed at less than
100 percent of their authorized strengths. The Secretary shall include
in the report the number of such high-priority support units (shown by
type of unit), the level of manning within such high-priority support
units, and either the justification for manning of less than 100
percent or the status of corrective action.
SEC. 525. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES.
(a) Findings.--Congress makes the following findings:
(1) Excessively high personnel tempo rates for members of
the Armed Forces resulting from high-tempo unit operations
degrades unit readiness and morale and eventually can be
expected to adversely affect unit retention.
(2) The Armed Forces have begun to develop methods to
measure and manage personnel tempo rates.
(3) The Armed Forces have attempted to reduce operations
and personnel tempo for heavily tasked units by employing
alternative capabilities and reducing tasking requirements.
(b) Sense of Congress.--The Secretary of Defense should continue to
enhance the knowledge within the Armed Forces of personnel tempo and to
improve the techniques by which personnel tempo is managed with a view
toward establishing and achieving reasonable personnel tempo standards
for all personnel, regardless of unit or assignment.
Subtitle D--Amendments to the Uniform Code of Military Justice
SEC. 541. REFERENCES TO UNIFORM CODE OF MILITARY JUSTICE.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice).
SEC. 542. FORFEITURE OF PAY AND ALLOWANCES DURING CONFINEMENT BY
SENTENCE OF COURT-MARTIAL.
(a) Forfeiture.--(1) Subchapter VIII is amended by inserting after
section 857 (article 57) the following new section (article):
``Sec. 857a. Art. 57a. Sentences: forfeiture of pay and allowances
during confinement by sentence of court-martial
``(a) A court-martial sentence, as announced by the sentencing
authority, that includes confinement shall result in the forfeiture of
pay and allowances due that member during the period of the confinement
or while on parole. The forfeiture shall be effective on the date on
which the sentence is announced. The percentage of pay and allowances
forfeited shall be the maximum percentage that the court-martial could
have directed as part of the sentence.
``(b) If the sentence of a member who forfeits pay and allowances
under subsection (a) is set aside or disapproved or, as finally
approved, does not provide for confinement, the member shall be paid
the pay and allowances which the member would have been paid, but for
the forfeiture, for the period during which the forfeiture was in
effect.''.
(2) The table of sections at the beginning of subchapter VIII is
amended by inserting after the item relating to section 857 (article
57) the following new item:
``857a. 57a. Sentences: forfeiture of pay and allowances during
confinement by sentence of court-
martial.''.
(b) Action by the Convening Authority.--Section 860 (article 60) is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f) respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) In a case involving an accused who has dependents and in
which the sentence, as approved, includes confinement, the convening
authority or other person taking action under this section may waive
some or all of the forfeiture of pay and allowances otherwise required
by section 857a of this title (article 57a). Any amount of pay and
allowances payable only by reason of such a waiver shall be paid, as
the convening authority or other person taking action under this
section directs, to the dependents of the accused.''
(c) Conforming Amendment.--(1) Section 804 of title 37, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 15 of such
title is amended by striking out the item relating to section 804.
SEC. 543. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended by striking out ``shall
be'' in the second sentence and all that follows inserting in lieu
thereof ``shall be fined or imprisoned, or both, at the court's
discretion.''.
SEC. 544. FLIGHT FROM APPREHENSION.
(a) In General.--Section 895 (article 95) is amended to read as
follows:
``Sec. 895. Art. 95. Resistance, flight, breach of arrest, and escape
``Any person subject to this chapter who--
``(1) resists apprehension;
``(2) flees from apprehension;
``(3) breaks arrest; or
``(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The item relating to section 895 (article
95) in the table of sections at the beginning of subchapter X is
amended to read as follows:
``895. 95. Resistance, flight, breach of arrest, and escape.''.
SEC. 545. CARNAL KNOWLEDGE.
(a) Gender Neutrality.--Subsection (b) of section 920 (article 120)
is amended to read as follows:
``(b) Any person subject to this chapter who, under circumstances
not amounting to rape, commits an act of sexual intercourse with a
person--
``(1) who is not that person's spouse; and
``(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a court-martial
may direct.''.
(b) Mistake of Fact.--Such section (article) is further amended by
adding at the end the following new subsection:
``(d) In a prosecution under subsection (b), it is a defense that--
``(1) the person with whom the accused committed the act of
sexual intercourse had at the time of the alleged offense
attained the age of twelve years; and
``(2) the accused reasonably believed that that person had
at the time of the alleged offense attained the age of sixteen
years.''.
SEC. 546. TIME AFTER ACCESSION FOR INITIAL INSTRUCTION IN THE UNIFORM
CODE OF MILITARY JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by striking out
``within six days'' and inserting in lieu thereof ``within fourteen
days''.
SEC. 547. PERSONS WHO MAY APPEAR BEFORE THE UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES.
Section 944 (article 144) is amended by adding at the end the
following new sentence: ``However, no person may appear before the
court (whether on a brief or in person) other than an attorney who is
admitted to practice before the court or who is authorized to appear by
the court in a particular case (except that the court may permit a
third-year law student certified under a State rule for practical
training of law students to appear as an amicus curiae).''.
SEC. 548. DISCRETIONARY REPRESENTATION BY GOVERNMENT APPELLATE DEFENSE
COUNSEL IN PETITIONING SUPREME COURT FOR WRIT OF
CERTIORARI.
Section 870 (article 70) is amended--
(1) in subsection (c), by inserting ``(except as provided
in subsection (f))'' before ``the Supreme Court''; and
(2) by adding at the end the following new subsection:
``(f) Representation of the accused by appellate defense counsel in
preparation of a petition to the Supreme Court for a writ of certiorari
shall be at the discretion of the appellate defense counsel.''.
SEC. 549. REPEAL OF TERMINATION OF AUTHORITY FOR CHIEF JUSTICE OF
UNITED STATES TO DESIGNATE ARTICLE III JUDGES FOR
TEMPORARY SERVICE ON COURT OF APPEALS FOR THE ARMED
FORCES.
Subsection (i) of section 1301 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
10 U.S.C. 942 note) is repealed.
SEC. 550. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking out ``Courts
of Military Review'' both places it appears and inserting in lieu
thereof ``Courts of Criminal Appeals''.
Subtitle E--Other Matters
SEC. 551. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR OFFICERS AND
ENLISTED MEMBERS.
(a) Enlisted Service Credit.--Section 972 of title 10, United
States Code, is amended--
(1) by inserting ``(a) Enlisted Members Required To Make Up
Time Lost.--'' before ``An enlisted member'';
(2) by striking out paragraphs (3) and (4) and inserting in
lieu thereof the following:
``(3) is confined by military or civilian authorities for
more than one day before, during, or after trial; or''; and
(3) by redesignating paragraph (5) as paragraph (4).
(b) Officer Service Credit.--Such section is further amended by
adding at the end the following:
``(b) Officers Not Allowed Service Credit for Time Lost.--In the
case of an officer of an armed force who after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1996--
``(1) deserts;
``(2) is absent from his organization, station, or duty for
more than one day without proper authority, as determined by
competent authority;
``(3) is confined by military or civilian authorities for
more than one day before, during, or after trial; or
``(4) is unable for more than one day, as determined by
competent authority, to perform his duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to
perform duties may not be counted in computing, for any purpose other
than basic pay under section 205 of title 37, the officer's length of
service.''.
(c) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 972. Members: effect of time lost
(2) The item relating to section 972 in the table of sections at
the beginning of chapter 49 of such title is amended to read as
follows:
``972. Members: effect of time lost.''.
(d) Conforming Amendments.--(1) Section 1405(c) is amended--
(A) by striking out ``Made Up.--Time'' and inserting in
lieu thereof ``Made Up or Excluded.--(1) Time'';
(B) by striking out ``section 972'' and inserting in lieu
thereof ``section 972(a)'';
(C) by inserting after ``of this title'' the following: ``,
or required to be made up by an enlisted member of the Navy,
Marine Corps, or Coast Guard under that section with respect to
a period of time after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1995,''; and
(D) by adding at the end the following:
``(2) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(2) Chapter 367 of such title is amended--
(A) in section 3925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 3926 the following new
subsection:
``(e) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(3)(A) Chapter 571 of such title is amended by inserting after
section 6327 the following new section:
``Sec. 6328. Computation of years of service: voluntary retirement
``(a) Enlisted Members.--Time required to be made up under section
972(a) of this title after the date of the enactment of this section
may not be counted in computing years of service under this chapter.
``(b) Officers.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of this
chapter any time identified with respect to that officer under that
section.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 6327 the
following new item:
``6328. Computation of years of service: voluntary retirement.''.
(4) Chapter 867 of such title is amended--
(A) in section 8925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 8926 the following new
subsection:
``(d) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(e) Effective Date and Applicability.--The amendments made by this
section shall take effect on the date of the enactment of this Act and
shall apply to any period of time covered by section 972 of title 10,
United States Code, that occurs after that date.
SEC. 552. EXTENSION OF EXPIRING PERSONNEL AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve Medical
Officers.--Sections 3359(b) and 8359(b) of title 10, United States
Code, are amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``September 30, 1996''.
(n) Promotion Authority for Certain Reserve Officers Serving on
Active Duty.--Sections 3380(d) and 8380(d) of such title are amended by
striking out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(c) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense Authorization
Act, 1984 (10 U.S.C. 3360 note), is amended by striking out ``September
30, 1995'' and inserting in lieu thereof ``September 30, 1996''.
(d) Authority for Temporary Promotions of Certain Navy
Lieutenants.--Section 5721 of title 10, United States Code, is amended
by striking out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1998''.
SEC. 553. INCREASE IN EDUCATIONAL ASSISTANCE ALLOWANCE WITH RESPECT TO
SKILLS OR SPECIALTIES FOR WHICH THERE IS A CRITICAL
SHORTAGE OF PERSONNEL.
Section 16131 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j)(1) In the case of a person who has a skill or specialty
designated by the Secretary concerned as a skill or specialty in which
there is a critical shortage of personnel or for which it is difficult
to recruit or, in the case of critical units, retain personnel, the
Secretary concerned may increase the rate of the educational assistance
allowance applicable to that person to such rate in excess of the rate
prescribed under subparagraphs (A) through (D) of subsection (b)(1) as
the Secretary of Defense considers appropriate, but the amount of any
such increase may not exceed $350 per month.
``(2) The authority provided by paragraph (1) shall be exercised by
the Secretaries of the military departments under regulations
prescribed by the Secretary of Defense.''.
SEC. 554. AMENDMENTS TO EDUCATION LOAN REPAYMENT PROGRAMS.
(a) General Education Loan Repayment Program.--Section 2171(a)(1)
of title 10, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
or''.
(b) Education Loan Repayment Program for Enlisted Members of
Selected Reserve With Critical Specialties.--Section 16301(a)(1) of
such title is amended--
(1) by striking out ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
or''.
(c) Education Loan Repayment Program for Health Professions
Officers Serving in Selected Reserve With Wartime Critical Medical
Skill Shortages.--Section 16302(a) of such title is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5) respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
or''.
SEC. 555. RECOGNITION BY STATES OF LIVING WILLS OF MEMBERS, CERTAIN
FORMER MEMBERS, AND THEIR DEPENDENTS.
(a) Recognition by States Required.--(1) Chapter 53 of title 10,
United States Code, is amended by inserting after section 1044b the
following new section:
``Sec. 1044c. Military advance medical directives: requirement for
recognition by States
``(a) Instruments To Be Given Legal Effect Without Regard to State
Law.--A military advance medical directive--
``(1) is exempt from any requirement of form, substance,
formality, or recording that is provided for advance medical
directives under the laws of a State; and
``(2) shall be given the same legal effect as an advance
medical directive prepared and executed in accordance with the
laws of the State concerned.
``(b) Military Advance Medical Directives.--For the purposes of
this section, a military advance medical directive is any written
declaration regarding future medical treatment that--
``(1) is executed by a person eligible for legal assistance
under section 1044(a) of this title or regulations of the
Secretary concerned; and
``(2) is intended--
``(A) to provide, withdraw, or withhold life-
prolonging procedures, including hydration and
sustenance, in the event of a terminal condition or
persistent vegetative state of the declarant; or
``(B) to appoint another person to make health care
decisions for the declarant under circumstances stated
in the declaration if the declarant is determined to be
incapable of making informed health care decisions.
``(c) Statement To Be Included.--Under regulations prescribed by
the Secretary concerned, a written declaration described in subsection
(b) shall contain a statement that clearly indicates the purpose of the
declaration to serve as the military advance medical directive of the
declarant. However, the failure of a military advance medical directive
to include such a statement shall not be construed to negate the legal
effect of the directive under subsection (a).
``(d) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, and a
possession of the United States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1044b the
following new item:
``1044c. Military advance medical directives: requirement for
recognition by States.''.
(b) Effective Date.--Section 1044c of title 10, United States Code,
as added by subsection (a), shall apply with respect to any military
advance medical directive described in such section declared before,
on, or after the date of the enactment of this Act.
SEC. 556. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES SEPARATED FOR DEPENDENT ABUSE.
(a) Mandatory Program.--Subsection (a) of section 1059 of title 10,
United States Code, is amended by striking out ``may each establish a
program'' and inserting in lieu thereof ``shall each establish a
program''.
(b) Payment to Dependents of Members Not Discharged.--Subsection
(d) of such section is amended by striking out ``of a separation from
active duty as'' in the first sentence.
SEC. 557. ARMY RANGER TRAINING.
(a) In General.--(1) Chapter 401 of title 10, United States Code,
is amended by inserting after section 4302 the following new section:
``Sec. 4303. Army Ranger Training: instructor staffing; safety
``(a) Levels of Personnel Assigned To Be Not Less Than Number
Required.--(1) The Secretary of the Army shall ensure that at all times
the number of officers, and the number of enlisted members, permanently
assigned to the Army Ranger Training Brigade (or other organizational
element of the Army primarily responsible for ranger student training)
are not less than the required manning spaces for that brigade.
``(2) If at any time the number of officers, or the number of
enlisted members, permanently assigned to the Ranger Training Brigade
is less than the required manning spaces for officers, or for enlisted
members, as the case may be, for the Brigade, the Secretary of the Army
shall submit to Congress a notice of such shortage, together with a
statement of the reasons for the shortage and of the expected date when
the number assigned will be not less than the required manning spaces,
in accordance with paragraph (1).
``(b) Required Manning Spaces.--(1) The Secretary of the Army may
not (except as provided in paragraph (3)) reduce the required manning
spaces for the Ranger Training Brigade below the baseline required
manning spaces.
``(2) In this section:
``(A) The term `required manning spaces' means the number
of personnel spaces for officers, and the number of personnel
spaces for enlisted members, that are designated in Army
authorization documents as the number required to accomplish
the missions of a particular unit or organization.
``(B) The term `baseline required manning spaces' means the
required manning spaces for the Army Ranger Training Brigade as
of February 10, 1995, of 94 officers and 658 enlisted members.
``(3) The Secretary may (subject to paragraph (4)) make reductions
in required manning spaces for the Army Ranger Training Brigade from
the baseline required manning spaces if--
``(A) reductions in ranger student training loads result in
decreased instructor workload; and
``(B) one or more of the three major phases of the Ranger
Course (conducted at Fort Benning, Georgia, at the Mountain
Ranger Camp, and in Florida) is eliminated.
``(4) Before making a reduction authorized by paragraph (3) in
required manning spaces, the Secretary of the Army shall submit to
Congress a report on the proposed reduction. Such a reduction may not
be made unless the report includes a certification by the Secretary
that the reduction will not reduce the ability of the commander of the
Ranger Training Brigade to conduct training safely. The report shall
include a description of the reduction (including specification of the
number of officers and the number of enlisted members that will be
considered to be required to carry out the missions of the Army Ranger
Training Brigade after the reduction) and shall set forth the rationale
of the Secretary for the reduction.
``(c) Training Safety Cells.--(1) The Secretary of the Army shall
establish and maintain an organizational entity known as a `safety
cell' as part of the organizational elements of the Army responsible
for conducting each of the three major phases of the Ranger Course. The
safety cell in each different geographic area of Ranger Course training
shall be comprised of personnel who have sufficient continuity and
experience in that geographic area of such training to be knowledgeable
of the local conditions year-round, including conditions of terrain,
weather, water, and climate and other conditions and the potential
effect on those conditions on Ranger student training and safety.
``(2) Members of each safety cell shall be assigned in sufficient
numbers to serve as advisers to the officers in charge of the major
phase of Ranger training and shall assist those officers in making
informed daily `go' and `no-go' decisions regarding training in light
of all relevant conditions, including conditions of terrain, weather,
water, and climate and other conditions.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4302 the
following new item:
``4303. Army Ranger Training: instructor staffing; safety.''.
(b) Accomplishment of Required Manning Levels.--(1) If, as of the
date of the enactment of this Act, the number of officers, or the
number of enlisted members, permanently assigned to the Ranger Training
Brigade is not 100 percent (or more) of the requirement specified in
subsection (b) of section 4303 of title 10, United States Code, as
added by subsection (a), the Secretary of the Army--
(A) shall take such steps as necessary to accomplish that
requirement within 12 months after such date of enactment; and
(B) not later than 90 days after such date of enactment,
shall submit to Congress a plan to achieve and maintain that
requirement.
(2) If the Secretary does not accomplish the requirement referred
to in paragraph (1) with respect to both officers and enlisted members
within 12 months after the date of the enactment of this Act (as
required by paragraph (1)(A)), the Secretary shall halt all training
activities of the Ranger Training Brigade until the requirement is met.
SEC. 558. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) Repeal of Civil-Military Cooperative Action Program.--(1)
Section 410 of title 10, United States Code, and section 1081(a) of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 10 U.S.C. 410 note) are repealed:
(2) The table of sections at the beginning of chapter 20 of title
10, United States Code, is amended by striking out the item relating to
section 410.
(b) Repeal of Related Provisions.--The following sections of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484) are repealed:
(1) Section 1045 (10 U.S.C. 410 note), relating to a pilot
outreach program to reduce demand for illegal drugs.
(2) Section 1091 (32 U.S.C. 501 note), relating to the
National Guard Civilian Youth Opportunities Program.
(c) Termination of Support of Civilian Community Corps.--(1) The
Secretary of Defense may not provide support to, or participate in, the
Civilian Community Corps Demonstration Program established under
subtitle E of title I of the National and Community Service Act of 1990
(42 U.S.C. 12611-12626) or the Civilian Community Corps required as
part of that demonstration program.
(2) Section 1093 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 12612 note), relating
to coordination between the National Guard Civilian Youth Opportunities
Pilot Program and the Civilian Community Corps Demonstration Program,
is repealed.
SEC. 559. ELIGIBILITY FOR ARMED FORCES EXPEDITIONARY MEDAL BASED UPON
SERVICE IN EL SALVADOR.
(a) In General.--For the purpose of determining eligibility of
members and former members of the Armed Forces for the Armed Forces
Expeditionary Medal, the country of El Salvador during the period
beginning on January 1, 1981 and ending on February 1, 1992, shall be
treated as having been designated as an area and a period of time in
which members of the Armed Forces participated in operations in
significant numbers and otherwise met the general requirements for the
award of that medal.
(b) Individual Determination.--The Secretary of the military
department concerned shall determine whether individual members or
former members of the Armed Forces who served in El Salvador during the
period beginning on January 1, 1981 and ending on February 1, 1992 meet
the individual service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations. Such
determinations shall be made as expeditiously as possible after the
date of the enactment of this Act.
SEC. 560. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND MILITARY
CHILD CARE ACT.
(a) In General.--(1) Subtitle A of title 10, United States Code, is
amended by inserting after chapter 87 the following new chapter:
``CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
``Subchapter Sec.
``I. Military Family Programs 1781
``II. Military Child Care 1791
``SUBCHAPTER I--MILITARY FAMILY PROGRAMS
``Sec.
``1781. Office of Family Policy.
``1782. Surveys of military families.
``1783. Family members serving on advisory committees.
``1784. Employment opportunities for military spouses.
``1785. Youth sponsorship program.
``1786. Dependent student travel within the United States.
``1787. Reporting of child abuse.
``Sec. 1781. Office of Family Policy
``(a) Establishment.--There is in the Office of the Secretary of
Defense an Office of Family Policy (hereinafter in this section
referred to as the `Office'). The Office shall be under the Assistant
Secretary of Defense for Force Management and Personnel.
``(b) Duties.--The Office--
``(1) shall coordinate programs and activities of the
military departments to the extent that they relate to military
families; and
``(2) shall make recommendations to the Secretaries of the
military departments with respect to programs and policies
regarding military families.
``(c) Staff.--The Office shall have not less than five professional
staff members.
``Sec. 1782. Surveys of military families
``(a) Authority.--The Secretary of Defense may conduct surveys of
members of the armed forces on active duty or in an active status,
members of the families of such members, and retired members of the
armed forces to determine the effectiveness of Federal programs
relating to military families and the need for new programs.
``(b) Responses To Be Voluntary.--Responses to surveys conducted
under this section shall be voluntary.
``(c) Federal Recordkeeping Requirements.--With respect to such
surveys, family members of members of the armed forces and reserve and
retired members of the armed forces shall be considered to be employees
of the United States for purposes of section 3502(4)(A) of title 44.
``Sec. 1783. Family members serving on advisory committees
``A committee within the Department of Defense which advises or
assists the Department in the performance of any function which affects
members of military families and which includes members of military
families in its membership shall not be considered an advisory
committee under section 3(2) of the Federal Advisory Committee Act (5
U.S.C. App.) solely because of such membership.
``Sec. 1784. Employment opportunities for military spouses
``(a) Authority.--The President shall order such measures as the
President considers necessary to increase employment opportunities for
spouses of members of the armed forces. Such measures may include--
``(1) excepting, pursuant to section 3302 of title 5, from
the competitive service positions in the Department of Defense
located outside of the United States to provide employment
opportunities for qualified spouses of members of the armed
forces in the same geographical area as the permanent duty
station of the members; and
``(2) providing preference in hiring for positions in
nonappropriated fund activities to qualified spouses of members
of the armed forces stationed in the same geographical area as
the nonappropriated fund activity for positions in wage grade
UA-8 and below and equivalent positions and for positions paid
at hourly rates.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations--
``(1) to implement such measures as the President orders
under subsection (a);
``(2) to provide preference to qualified spouses of members
of the armed forces in hiring for any civilian position in the
Department of Defense if the spouse is among persons determined
to be best qualified for the position and if the position is
located in the same geographical area as the permanent duty
station of the member;
``(3) to ensure that notice of any vacant position in the
Department of Defense is provided in a manner reasonably
designed to reach spouses of members of the armed forces whose
permanent duty stations are in the same geographic area as the
area in which the position is located; and
``(4) to ensure that the spouse of a member of the armed
forces who applies for a vacant position in the Department of
Defense shall, to the extent practicable, be considered for any
such position located in the same geographic area as the
permanent duty station of the member.
``(c) Status of Preference Eligibles.--Nothing in this section
shall be construed to provide a spouse of a member of the armed forces
with preference in hiring over an individual who is a preference
eligible.
``Sec. 1785. Youth sponsorship program
``(a) Requirement.--The Secretary of Defense shall require that
there be at each military installation a youth sponsorship program to
facilitate the integration of dependent children of members of the
armed forces into new surroundings when moving to that military
installation as a result of a parent's permanent change of station.
``(b) Description of Programs.--The program at each installation
shall provide for involvement of dependent children of members
presently stationed at the military installation and shall be directed
primarily toward children in their preteen and teenage years.
``Sec. 1786. Dependent student travel within the United States
``Funds available to the Department of Defense for the travel and
transportation of dependent students of members of the armed forces
stationed overseas may be obligated for transportation allowances for
travel within or between the contiguous States.
``Sec. 1787. Reporting of child abuse
``(a) In General.--The Secretary of Defense shall request each
State to provide for the reporting to the Secretary of any report the
State receives of known or suspected instances of child abuse and
neglect in which the person having care of the child is a member of the
armed forces (or the spouse of the member).
``(b) Definition.--In this section, the term `child abuse and
neglect' has the meaning provided in section 3(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5102).
``SUBCHAPTER II--MILITARY CHILD CARE
``Sec.
``1791. Funding for military child care.
``1792. Child care employees.
``1793. Parent fees.
``1794. Child abuse prevention and safety at facilities.
``1795. Parent partnerships with child development centers.
``1796. Subsidies for family home day care.
``1797. Early childhood education program.
``1798. Definitions.
``Sec. 1791. Funding for military child care
``It is the policy of Congress that the amount of appropriated
funds available during a fiscal year for operating expenses for
military child development centers and programs shall be not less than
the amount of child care fee receipts that are estimated to be received
by the Department of Defense during that fiscal year.
``Sec. 1792. Child care employees
``(a) Required Training.--(1) The Secretary of Defense shall
prescribe regulations implementing, a training program for child care
employees. Those regulations shall apply uniformly among the military
departments. Subject to paragraph (2), satisfactory completion of the
training program shall be a condition of employment of any person as a
child care employee.
``(2) Under those regulations, the Secretary shall require that
each child care employee complete the training program not later than
six months after the date on which the employee is employed as a child
care employee.
``(3) The training program established under this subsection shall
cover, at a minimum, training in the following:
``(A) Early childhood development.
``(B) Activities and disciplinary techniques appropriate to
children of different ages.
``(C) Child abuse prevention and detection.
``(D) Cardiopulmonary resuscitation and other emergency
medical procedures.
``(b) Training and Curriculum Specialists.--(1) The Secretary of
Defense shall require that at least one employee at each military child
development center be a specialist in training and curriculum
development. The Secretary shall ensure that such employees have
appropriate credentials and experience.
``(2) The duties of such employees shall include the following:
``(A) Special teaching activities at the center.
``(B) Daily oversight and instruction of other child care
employees at the center.
``(C) Daily assistance in the preparation of lesson plans.
``(D) Assistance in the center's child abuse prevention and
detection program.
``(E) Advising the director of the center on the
performance of other child care employees.
``(3) Each employee referred to in paragraph (1) shall be an
employee in a competitive service position.
``(c) Competitive Rates of Pay.--For the purpose of providing
military child development centers with a qualified and stable civilian
workforce, employees at a military installation who are directly
involved in providing child care and are paid from nonappropriated
funds--
``(1) in the case of entry-level employees, shall be paid
at rates of pay competitive with the rates of pay paid to other
entry-level employees at that installation who are drawn from
the same labor pool; and
``(2) in the case of other employees, shall be paid at
rates of pay substantially equivalent to the rates of pay paid
to other employees at that installation with similar training,
seniority, and experience.
``(d) Employment Preference Program for Military Spouses.--(1) The
Secretary of Defense shall conduct a program under which qualified
spouses of members of the armed forces shall be given a preference in
hiring for the position of child care employee in a position paid from
nonappropriated funds if the spouse is among persons determined to be
best qualified for the position.
``(2) A spouse who is provided a preference under this subsection
at a military child development center may not be precluded from
obtaining another preference, in accordance with section 1794 of this
title, in the same geographic area as the military child development
center.
``(e) Competitive Service Position Defined.--In this section, the
term `competitive service position' means a position in the competitive
service, as defined in section 2102(a)(1) of title 5.
``Sec. 1793. Parent fees
``(a) In General.--The Secretary of Defense shall prescribe
regulations establishing fees to be charged parents for the attendance
of children at military child development centers. Those regulations
shall be uniform for the military departments and shall require that,
in the case of children who attend the centers on a regular basis, the
fees shall be based on family income.
``(b) Local Waiver Authority.--The Secretary of Defense may provide
authority to installation commanders, on a case-by-case basis, to
establish fees for attendance of children at child development centers
at rates lower than those prescribed under subsection (a) if the rates
prescribed under subsection (a) are not competitive with rates at local
non-military child development centers.
``Sec. 1794. Child abuse prevention and safety at facilities
``(a) Child Abuse Task Force.--The Secretary of Defense shall
maintain a special task force to respond to allegations of widespread
child abuse at a military installation. The task force shall be
composed of personnel from appropriate disciplines, including, where
appropriate, medicine, psychology, and childhood development. In the
case of such allegations, the task force shall provide assistance to
the commander of the installation, and to parents at the installation,
in helping them to deal with such allegations.
``(b) National Hotline.--(1) The Secretary of Defense shall
maintain a national telephone number for persons to use to report
suspected child abuse or safety violations at a military child
development center or family home day care site. The Secretary shall
ensure that such reports may be made anonymously if so desired by the
person making the report. The Secretary shall establish procedures for
following up on complaints and information received over that number.
``(2) The Secretary shall publicize the existence of the number.
``(c) Assistance From Local Authorities.--The Secretary of Defense
shall prescribe regulations requiring that, in a case of allegations of
child abuse at a military child development center or family home day
care site, the commander of the military installation or the head of
the task force established under subsection (a) shall seek the
assistance of local child protective authorities if such assistance is
available.
``(d) Safety Regulations.--The Secretary of Defense shall prescribe
regulations on safety and operating procedures at military child
development centers. Those regulations shall apply uniformly among the
military departments.
``(e) Inspections.--The Secretary of Defense shall require that
each military child development center be inspected not less often than
four times a year. Each such inspection shall be unannounced. At least
one inspection a year shall be carried out by a representative of the
installation served by the center, and one inspection a year shall be
carried out by a representative of the major command under which that
installation operates.
``(f) Remedies for Violations.--(1) Except as provided in paragraph
(2), any violation of a safety, health, or child welfare law or
regulation (discovered at an inspection or otherwise) at a military
child development center shall be remedied immediately.
``(2) In the case of a violation that is not life threatening, the
commander of the major command under which the installation concerned
operates may waive the requirement that the violation be remedied
immediately for a period of up to 90 days beginning on the date of the
discovery of the violation. If the violation is not remedied as of the
end of that 90-day period, the military child development center shall
be closed until the violation is remedied. The Secretary of the
military department concerned may waive the preceding sentence and
authorize the center to remain open in a case in which the violation
cannot reasonably be remedied within that 90-day period or in which
major facility reconstruction is required.
``(3) If a military child development center is closed under
paragraph (2), the Secretary of the military department concerned shall
promptly submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives a
report notifying those committees of the closing. The report shall
include--
``(A) notice of the violation that resulted in the closing
and the cost of remedying the violation; and
``(B) a statement of the reasons why the violation has not
been remedied as of the time of the report.
``Sec. 1795. Parent partnerships with child development centers
``(a) Parent Boards.--The Secretary of Defense shall require that
there be established at each military child development center a board
of parents, to be composed of parents of children attending the center.
The board shall meet periodically with staff of the center and the
commander of the installation served by the center for the purpose of
discussing problems and concerns. The board, together with the staff of
the center, shall be responsible for coordinating the parent
participation program described in subsection (b).
``(b) Parent Participation Programs.--The Secretary of Defense
shall require the establishment of a parent participation program at
each military child development center. As part of such program, the
Secretary of Defense may establish fees for attendance of children at
such a center, in the case of parents who participate in the parent
participation program at that center, at rates lower than the rates
that otherwise apply.
``Sec. 1796. Subsidies for family home day care
``The Secretary of Defense may use appropriated funds available for
military child care purposes to provide assistance to family home day
care providers so that family home day care services can be provided to
members of the armed forces at a cost comparable to the cost of
services provided by military child development centers. The Secretary
shall prescribe regulations for the provision of such assistance.
``Sec. 1797. Early childhood education program
``The Secretary of Defense shall require that all military child
development centers meet standards of operation necessary for
accreditation by an appropriate national early childhood programs
accrediting body.
``Sec. 1798. Definitions
``In this subchapter:
``(1) The term `military child development center' means a
facility on a military installation (or on property under the
jurisdiction of the commander of a military installation) at
which child care services are provided for members of the armed
forces or any other facility at which such child care services
are provided that is operated by the Secretary of a military
department.
``(2) The term `family home day care' means home-based
child care services that are provided for members of the armed
forces by an individual who (A) is certified by the Secretary
of the military department concerned as qualified to provide
those services, and (B) provides those services on a regular
basis for compensation.
``(3) The term `child care employee' means a civilian
employee of the Department of Defense who is employed to work
in a military child development center (regardless of whether
the employee is paid from appropriated funds or nonappropriated
funds).
``(4) The term `child care fee receipts' means those
nonappropriated funds that are derived from fees paid by
members of the armed forces for child care services provided at
military child development centers.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of title 10, United States
Code, are amended by inserting after the item relating to chapter 87
the following new item:
``88. Military Family Programs and Military Child Care...... 1781''.
(b) Report on Five-Year Demand for Child Care.--(1) Not later than
the date of the submission of the budget for fiscal year 1997 pursuant
to section 1105 of title 31, United States Code, the Secretary of
Defense shall submit to Congress a report on the expected demand for
child care by military and civilian personnel of the Department of
Defense during fiscal years 1997 through 2001.
(2) The report shall include--
(A) a plan for meeting the expected child care demand
identified in the report; and
(B) an estimate of the cost of implementing that plan.
(3) The report shall also include a description of methods for
monitoring family home day care programs of the military departments.
(c) Plan for Implementation of Accreditation Requirement.--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 carrying out the requirements of section
1787 of title 10, United States Code, as added by subsection (a). The
plan shall be submitted not later than April 1, 1997.
(d) Continuation of Delegation of Authority With Respect to Hiring
Preference for Qualified Military Spouses.--The provisions of Executive
Order No. 12568, issued October 2, 1986 (10 U.S.C. 113 note), shall
apply as if the reference in that Executive order to section 806(a)(2)
of the Department of Defense Authorization Act of 1986 refers to
section 1784 of title 10, United States Code, as added by subsection
(a).
(e) Conforming Amendment.--Effective October 1, 1995, section
1782(c) of title 10, United States Code, as added by subsection (a), is
amended by striking out ``section 3502(4)(A) of title 44'' and
inserting in lieu thereof ``section 3502(3)(A)(i) of title 44''.
(f) Repealer.--The following provisions of law are repealed:
(1) The Military Family Act of 1985 (title VIII of Public
Law 99-145; 10 U.S.C. 113 note).
(2) The Military Child Care Act of 1989 (title XV of Public
Law 101-189; 10 U.S.C. 113 note).
SEC. 561. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE HIV-1
VIRUS.
(a) In General.--(1) Section 1177 of title 10, United States Code,
is amended to read as follows:
``Sec. 1177. Members infected with HIV-1 virus: mandatory discharge or
retirement
``(a) Mandatory Separation.--A member of the armed forces who is
HIV-positive shall be separated. Such separation shall be made on a
date determined by the Secretary concerned, which shall be as soon as
practicable after the date on which the determination is made that the
member is HIV-positive and not later than the last day of the sixth
month beginning after such date.
``(b) Form of Separation.--If a member to be separated under this
section is eligible to retire under any provision of law or to be
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the
member shall be so retired or so transferred. Otherwise, the member
shall be discharged. The characterization of the service of the member
shall be determined without regard to the determination that the member
is HIV-positive.
``(c) Deferral of Separation for Members in 18-Year Retirement
Sanctuary.--In the case of a member to be discharged under this section
who on the date on which the member is to be discharged is within two
years of qualifying for retirement under any provision of law, or of
qualifying for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may, as determined
by the Secretary concerned, be retained on active duty until the member
is qualified for retirement or transfer to the Fleet Reserve or Fleet
Marine Corps Reserve, as the case may be, and then be so retired or
transferred, unless the member is sooner retired or discharged under
any other provision of law.
``(d) Separation To Be Considered Involuntary.--A separation under
this section shall be considered to be an involuntary separation for
purposes of any other provision of law.
``(e) Counseling About Available Medical Care.--A member to be
separated under this section shall be provided information, in writing,
before such separation of the available medical care (through the
Department of Veterans Affairs and otherwise) to treat the member's
condition. Such information shall include identification of specific
medical locations near the member's home of record or point of
discharge at which the member may seek necessary medical care.
``(f) HIV-Positive Members.--A member shall be considered to be
HIV-positive for purposes of this section if there is serologic
evidence that the member is infected with the virus known as Human
Immunodeficiency Virus-1 (HIV-1), the virus most commonly associated
with the acquired immune deficiency syndrome (AIDS) in the United
States. Such serologic evidence shall be considered to exist if there
is a reactive result given by an enzyme-linked immunosorbent assay
(ELISA) serologic test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate samples. Any
such serologic test must be one that is approved by the Food and Drug
Administration.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 59 of such title is amended to read as
follows:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) Effective Date.--Section 1177 of title 10, United States Code,
as amended by subsection (a), applies with respect to members of the
Armed Forces determined to be HIV-positive before, on, or after the
date of the enactment of this Act. In the case of a member of the Armed
Forces determined to be HIV-positive before such date, the deadline for
separation of the member under subsection (a) of such section, as so
amended, shall be determined from the date of the enactment of this Act
(rather than from the date of such determination).
SEC. 562. AUTHORITY TO APPOINT BRIGADIER GENERAL CHARLES E. YEAGER,
UNITED STATES AIR FORCES (RETIRED) TO THE GRADE OF MAJOR
GENERAL ON THE RETIRED LIST.
The President is authorized to appoint, by and with the advice and
consent of the Senate, Brigadier General Charles E. Yeager, United
States Air Force (retired), to the grade of major general on the
retired list of the Air Force. Any such appointment shall not affect
the retired pay or other benefits of Charles E. Yeager or any benefits
to which any other person is or may become entitled based upon his
service.
SEC. 563. DETERMINATION OF WHEREABOUTS AND STATUS OF MISSING PERSONS.
(a) Purpose.--The purpose of this section is to ensure that any
member of the Armed Forces, and any civilian employee of the United
States or contractor of the United States who serves with or
accompanies the Armed Forces in the field under orders, is accounted
for by the United States (by the return of such person alive, by the
return of the remains of such person, or by the decision that credible
evidence exists to support another determination of the status of such
person) and, as a general rule, is not declared dead solely because of
the passage of time.
(b) In General.--(1) Part II of subtitle A of title 10, United
States Code, is amended by inserting after chapter 75 the following new
chapter:
``CHAPTER 76--MISSING PERSONS
``Sec.
``1501. System for accounting for missing persons.
``1502. Missing persons: initial report.
``1503. Initial board inquiry; actions of theater component commander
and head of the agency.
``1504. Subsequent board inquiry; actions of head of the agency.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Judicial review.
``1509. Persons previously declared dead.
``1510. Procedures applicable in case of civilians.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
``(a) Office for Missing Personnel.--(1) The Secretary of Defense
shall establish within the Office of the Secretary of Defense an office
to have responsibility for Department of Defense policy relating to
missing persons. Subject to the authority, direction, and control of
the Secretary of Defense, the responsibilities of the office shall
include--
``(A) policy, control, and oversight within the Department
of Defense of the entire process for investigation and recovery
(including search and rescue) related to missing persons; and
``(B) coordination for the Department of Defense with other
departments and agencies of the United States on all matters
concerning missing persons.
``(2) In carrying out the responsibilities of the office
established under this subsection, the head of the office shall
coordinate the efforts of that office with those of other departments
and agencies and other elements of the Department of Defense for such
purposes and shall be responsible for the coordination for such
purposes within the Department of Defense among the military
departments, the Joint Staff, and the commanders of the combatant
commands.
``(3) The office shall establish policies, which shall apply
uniformly through the Department of Defense, for personnel recovery
(including search and rescue).
``(4) The office shall establish procedures to be followed by
Department of Defense boards of inquiry, and by officers reviewing the
reports of such boards, under this chapter.
``(b) Other Departments and Agencies.--(1) The Secretary of State
shall designate an officer of the Department of State to have
responsibility within that Department for matters relating to missing
persons.
``(2) The Secretary of Transportation shall designate an officer of
the Department of Transportation to have responsibility within that
Department for matters relating to missing persons.
``(3) The Director of Central Intelligence shall designate an
officer of the Central Intelligence Agency to have responsibility
within that Agency for matters relating to missing persons.
``(4) The President shall direct the heads of such other
departments and agencies as the President considers appropriate to make
a similar designation for their respective departments and agencies.
``(c) Uniform DOD Procedures.--(1) The Secretary of Defense shall
prescribe procedures, to apply uniformly through the Department of
Defense, for--
``(A) the determination of the status of persons described
in subsection (d); and
``(B) for the systematic, comprehensive, and timely
collection, analysis, review, dissemination, and periodic
update of information related to such persons.
``(2) Such procedures shall be prescribed in a single directive
applicable to all elements of the Department of Defense.
``(3) As part of such procedures, the Secretary may provide for the
extension, on a case-by-case basis, of any time limit specified in
section 1502, 1503, or 1504 of this title. Any such extension may not
be for a period in excess of one-half of the period with respect to
which the extension is provided. Subsequent extensions may be provided
on the same basis.
``(d) Covered Persons.--Section 1502 of this title applies in the
case of the following persons:
``(1) Any member of the armed forces on active duty who
disappears as a result of a hostile action, or under
circumstances suggesting that the disappearance is a result of
a hostile action, and whose status is undetermined or who is
unaccounted for (except under circumstances suggesting that the
disappearance is voluntary).
``(2) Any civilian employee of the United States or
employee of a contractor of the United States who, while
serving with or accompanying the armed forces in the field,
disappears under circumstances described in paragraph (1) and
whose status is undetermined or who is unaccounted for (except
under circumstances suggesting that the disappearance is
voluntary).
``(e) Primary Next of Kin.--The individual who is primary next of
kin of a person described in subsection (d) may for purposes of this
chapter designate another individual to act on behalf of that
individual as primary next of kin. The Secretary of Defense shall treat
an individual so designated as if the individual designated were the
primary next of kin for purposes of this chapter. A designation under
this subsection may be revoked at any time by the person who made the
designation.
``(f) Termination of Applicability of Procedures When Missing
Person Is Accounted For.--The provisions of this chapter relating to
boards of inquiry and to actions by the Secretary concerned on the
reports of those boards shall cease to apply in the case of a missing
person upon that person becoming accounted for or otherwise being
determined to be in a status other than the status of missing or
missing in action.
``Sec. 1502. Missing persons: initial report by unit commander
``(a) Preliminary Assessment and Recommendation by Commander.--
After receiving information that the whereabouts or status of a person
described in section 1501(d) of this title is uncertain and that the
absence of the person may be involuntary, the commander of the unit,
facility, or area to or in which the person is assigned shall make a
preliminary assessment of the circumstances. If, as a result of that
assessment, the commander concludes that the person is missing, the
commander shall--
``(1) recommend that the person be placed in a missing
status; and
``(2) not later than 48 hours after receiving such
information, transmit that recommendation to the theater
component commander with jurisdiction over the missing person
in accordance with procedures prescribed under section 1501(c)
of this title.
``(b) Forwarding of Records.--The commander making the initial
assessment shall (in accordance with procedures prescribed under
section 1501(c) of this title) safeguard and forward for official use
any information relating to the whereabouts or status of the person
that result from the preliminary assessment or from actions taken to
locate the person.
``Sec. 1503. Initial board inquiry; actions of theater component
commander and head of the agency
``(a) Appointment of Board.--Not later than ten days after
receiving notification under section 1502(a)(2) of this title that a
person has been recommended for placement in a missing status, the
theater component commander to whom the notification is transmitted
shall appoint a board to conduct an inquiry into the whereabouts and
status of the person.
``(b) Inquiries Involving More Than One Missing Person.--If it
appears to the commander who appoints a board under this section that
the absence or missing status of two or more persons is factually
related, the commander may appoint a single board under this section to
conduct the inquiry into the whereabouts or status of all such persons.
``(c) Composition.--(1) A board appointed under this section shall
consist of at least one individual described in paragraph (2) who has
experience with and understanding of military operations or activities
similar to the operation or activity in which the person disappeared.
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the United States or of a contractor of
the United States.
``(3) An individual may be appointed as a member of a board under
this section only if the individual has a security clearance that
affords the member access to all information relating to the
whereabouts and status of the missing persons covered by the inquiry.
``(d) Duties of Board.--A board appointed to conduct an inquiry
into the whereabouts or status of a missing person under this section
shall--
``(1) collect, develop, and investigate all facts and
evidence relating to the disappearance, whereabouts, or status
of that person;
``(2) collect appropriate documentation of the facts and
evidence covered by the investigation;
``(3) analyze the facts and evidence, make findings based
on that analysis, and draw conclusions as to the current
whereabouts and status of the person; and
``(4) with respect to each person covered by the inquiry,
recommend to the commander who appointed the board that--
``(A) the person be placed in a missing status; or
``(B) the person be declared to have deserted, to
be absent without leave, or to be dead.
``(e) Inquiry Proceedings.--(1) During the proceedings of an
inquiry under this section, a board shall--
``(A) collect, record, and safeguard all facts, documents,
statements, photographs, tapes, messages, maps, sketches,
reports, and other information (whether classified or
unclassified) relating to the whereabouts or status of each
person covered by the inquiry;
``(B) gather information relating to actions taken to find
the person, including any evidence of the whereabouts or status
of the person arising from such actions; and
``(C) maintain a record of its proceedings.
``(2) The commander who appoints a board under this section may
request the commander of the combatant command to provide such
assistance as the board or the commander may require for purposes of
this section.
``(f) Counsel for Missing Person.--(1) The commander appointing a
board to conduct an inquiry under this section shall appoint counsel to
represent each person covered by the inquiry, or, in the case described
by 1503(c) of this title, one counsel to represent all persons covered
by the inquiry. Counsel appointed under this paragraph may be referred
to as `missing person's counsel'.
``(2) To be appointed as a missing person's counsel, a person
must--
``(A) have the qualifications specified in section 827(b)
of this title (article 27(b) of the Uniform Code of Military
Justice) for trial counsel or defense counsel detailed for a
general court-martial; and
``(B) have a security clearance that affords the counsel
access to all information relating to the whereabouts or status
of the person or persons covered by the inquiry.
``(3) A missing person's counsel--
``(A) shall have access to all facts and evidence
considered by the board during the proceedings under the
inquiry for which the counsel is appointed;
``(B) shall observe all official activities of the board
during such proceedings;
``(C) may question witnesses before the board; and
``(D) shall monitor the deliberations of the board.
``(4) A missing person's counsel shall review the report of the
board under subsection (i) and submit to the commander who appointed
the board an independent review of that report. That review shall be
made an official part of the record of the board.
``(g) Access to Proceedings.--The proceedings of a board during an
inquiry under this section shall be closed to the public (including,
with respect to any missing person covered by the inquiry, the primary
next of kin, other members of the immediate family, and any other
previously designated person designated under section 655 of this
title).
``(h) Recommendation on Status of Missing Persons.--(1) Upon
completion of its inquiry, a board appointed under this section shall
make a recommendation to the commander who appointed the board as to
the appropriate determination of the current whereabouts or status of
each person whose whereabouts were covered by the inquiry.
``(2)(A) A board may not recommend under paragraph (1) that a
person be declared dead unless the board determines that the evidence
before it established conclusive proof of the death of the person.
``(B) In this paragraph, the term `conclusive proof of death' means
evidence establishing that death is the only credible explanation for
the absence of the person.
``(i) Report.--(1) A board appointed under this section shall
submit to the commander who appointed it a report on the inquiry
carried out by the board. The report shall include--
``(A) a discussion of the facts and evidence considered by
the board in the inquiry;
``(B) the recommendation of the board under subsection (h)
with respect to each person covered by the report; and
``(C) disclosure of whether classified documents and
information were reviewed by the board or were otherwise used
by the board in forming recommendations under subparagraph (B).
``(2) A report under this subsection with respect to a missing
person shall be submitted not later than 45 days after the date on
which that person is first reported missing.
``(3) A report submitted under this subsection may not be made
public until one year after the date on which the report is submitted.
``(j) Review and Determination of Status by Component Commander.--
(1) Not later than 15 days after the date of the receipt of a report
under subsection (i), the commander who appointed the board shall
review--
``(A) the report; and
``(B) the review of that report submitted under subsection
(f)(4) by the missing person's counsel.
``(2) In reviewing a report under paragraph (1), the commander
receiving the report shall determine whether or not the report is
complete and free of administrative error. If the commander determines
that the report is incomplete, or that the report is not free of
administrative error, the commander may return the report to the board
for further action on the report by the board.
``(3) Upon a determination by the commander reviewing a report
under this subsection that the report is complete and free of
administrative error, the commander shall make a determination of the
status of each person covered by the report.
``(4) The report, together with the determination under paragraph
(3), shall be promptly forwarded to the commander of the combatant
command for the geographic area in which the missing person
disappeared.
``(k) Review by CINC.--(1) The commander of the combatant command
shall review a report received under subsection (j)(4). Not later than
30 days after receiving such report, that commander shall forward that
report to the Secretary concerned. In the case of a missing person who
is a member of the Army, Navy, Air Force, or Marine Corps, the report
shall be forwarded to or through the Secretary of Defense in accordance
with procedures prescribed under section 1501(c) of this title.
``(2) The review under paragraph (1) shall be conducted in
accordance with procedures prescribed under section 1501(a)(3) of this
title.
``(l) Determination by Secretary.--(1) The Secretary of Defense (or
the Secretary of the military department concerned acting under
delegation of authority from the Secretary of Defense) shall review the
determinations of a theater component commander in a report forwarded
under this section.
``(2) After conducting such review, the Secretary shall make a
determination, with respect to each person whose status is covered by
the report, whether to leave unchanged the status of such person as
determined by the theater component commander under subsection (j)(3)
or whether to change that status to another appropriate status, as
determined by the Secretary.
``(3) In making such determination, the Secretary may convene a
board in accordance with section 1504 of this title.
``(m) Report to Family Members and Other Interested Persons.--Not
later than 30 days after the date on which the Secretary makes a
determination under subsection (k), the Secretary of Defense, acting
through the head of the office established under section 1501(a) of
this title, shall--
``(1) provide an unclassified summary of the report of the
board (including the name of the missing person's counsel for
the inquiry, the names of the members of the board, and the
name of the commander who convened the board) to the primary
next of kin, to the other members of the immediate family, and
to any other previously designated person of the missing
person; and
``(2) inform each individual to whom such summary is
provided that the United States will conduct a subsequent
inquiry into the whereabouts or status of the person not
earlier than one year after the date of the first official
notice of the disappearance of the missing person, unless
information becomes available sooner that would result in a
substantial change in the determination of the status of the
person.
``Sec. 1504. Subsequent board inquiry; actions of head of the agency
``(a) Additional Board.--If information on the whereabouts or
status of a person covered by an inquiry under section 1503 of this
title becomes available within one year after the date of the
submission of the report submitted under section 1502 of this title,
the Secretary of Defense, acting through the head of the office
established under section 1501(a) of this title, shall appoint a board
under this section to conduct an inquiry into the information.
``(b) Authority for Inquiry.--The Secretary of Defense may delegate
authority over such subsequent inquiry to the Secretary concerned.
``(c) Secretary Concerned.--In this chapter, the term `Secretary
concerned', in the case of a civilian employee of the United States or
contractor of the United States, means the Secretary of the executive
department or head of the agency employing the employee or contracting
with the contractor, as the case may be.
``(d) Date of Appointment.--The Secretary shall appoint a board
under this section to conduct an inquiry into the whereabouts and
status of a missing person on or about one year after the date of the
report concerning that person submitted under section 1502 of this
title.
``(e) Combined Inquiries.--If it appears to the Secretary that the
absence or status of two or more persons is factually related, the
Secretary may appoint one board under this section to conduct the
inquiry into the whereabouts or status of all such persons.
``(f) Composition.--(1) Subject to paragraphs (2) and (3), a board
appointed under this section shall consist of the following:
``(A) In the case of a board appointed to inquire into the
whereabouts or status of a member of the armed forces, not less
than three officers having the grade of major or lieutenant
commander or above.
``(B) In the case of a board appointed to inquire into the
whereabouts or status of a civilian employee of the United
States or an employee of a contractor of the United States--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable for
grade GS-13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the
Secretary of Defense considers advisable.
``(2) The Secretary shall designate one member of a board appointed
under this section as president of the board. The president of the
board shall have a security clearance that affords the president access
to all information relating to the whereabouts and status of each
person covered by the inquiry.
``(3)(A) One member of each board appointed under this subsection
shall be an attorney or judge advocate who has expertise in the public
law relating to missing persons, the determination of death of such
persons, and the rights of family members and dependents of such
persons.
``(B) One member of each board appointed under this subsection
shall be an individual who--
``(i) has an occupational specialty similar to that of one
or more of the persons covered by the inquiry; and
``(ii) has an understanding of and expertise in the
official activities of one or more such persons at the time
such person or persons disappeared.
``(g) Duties of Board.--A board appointed under this section to
conduct an inquiry into the whereabouts or status of a person shall--
``(1) review the report under subsection (i) of section
1503 of this title of the board appointed to conduct the
inquiry into the status or whereabouts of the person under
section 1503 of this title and the recommendation under
subsection (j)(3) of that section of the commander who
appointed the board under that subsection as to the status of
the person;
``(2) collect and evaluate any document, fact, or other
evidence with respect to the whereabouts or status of the
person that has become available since the completion of the
inquiry under section 1503 of this title;
``(3) draw conclusions as to the whereabouts or status of
the person;
``(4) determine on the basis of the activities under
paragraphs (1) and (2) whether the status of the person should
be continued or changed; and
``(5) submit to the Secretary of Defense a report
describing the findings and conclusions of the board, together
with a recommendation for a determination by the Secretary
concerning the whereabouts or status of the person.
``(h) Counsel for Missing Persons.--(1) When the Secretary appoints
a board to conduct an inquiry under this section, the Secretary shall
appoint counsel to represent each person covered by the inquiry.
``(2) A person appointed as counsel under this subsection shall
meet the qualifications and have the duties set forth in section
1503(f) of this title for a missing person's counsel appointed under
that section.
``(3) The review of the report of a board on an inquiry that is
submitted by such counsel shall be made an official part of the record
of the board with respect to the inquiry.
``(i) Attendance of Family Members and Certain Other Interested
Persons at Proceedings.--(1) With respect to any person covered by an
inquiry under this section, the primary next of kin, other members of
the immediate family, and any other previously designated person of the
missing person may attend the proceedings of the board during the
inquiry in accordance with this section.
``(2) The Secretary shall notify each individual referred to in
paragraph (1) of the opportunity to attend the proceedings of a board.
Such notice shall be provided not less than 60 days before the first
meeting of the board.
``(3) An individual who receives a notice under paragraph (2) shall
notify the Secretary of the intent, if any, of that individual to
attend the proceedings of the board not less than 21 days after the
date on which the individual receives the notice.
``(4) Each individual who notifies the Secretary under paragraph
(3) of the individual's intent to attend the proceedings of the board--
``(A) in the case of an individual who is the primary next
of kin or the previously designated person, may attend the
proceedings of the board with private counsel;
``(B) shall have access to the personnel file of the
missing person, to unclassified reports (if any) of the board
appointed under section 1503 of this title to conduct the
inquiry into the whereabouts and status of the person, and to
any other unclassified information or documents relating to the
whereabouts and status of the person;
``(C) shall be afforded the opportunity to present
information at the proceedings of the board that such
individual considers to be relevant to those proceedings; and
``(D) subject to paragraph (5), shall be given the
opportunity to submit in writing objection to any
recommendation of the board under subsection (k) as to the
status of the missing person.
``(5) Objections under paragraph (4)(D) to any recommendation of
the board shall be submitted to the president of the board not later
than 30 days after the date on which the recommendations are made. The
president shall include any such objections in the report of the board
under subsection (k).
``(6) An individual referred to in paragraph (1) who attends the
proceedings of a board under this subsection shall not be entitled to
reimbursement by the United States for any costs (including travel,
lodging, meals, local transportation, legal fees, transcription costs,
witness expenses, and other expenses) incurred by that individual in
attending such proceedings.
``(j) Availability of Information to Boards.--(1) In conducting
proceedings in an inquiry under this section, a board may secure
directly from any department or agency of the United States any
information that the board considers necessary in order to conduct the
proceedings.
``(2) Upon written request from the president of a board, the head
of a department or agency of the United States shall release
information covered by the request to the board. In releasing such
information, the head of the department or agency shall--
``(A) declassify to an appropriate degree classified
information; or
``(B) release the information in a manner not requiring the
removal of markings indicating the classified nature of the
information.
``(3)(A) If a request for information under paragraph (2) covers
classified information that cannot be declassified, cannot be removed
before release from the information covered by the request, or cannot
be summarized in a manner that prevents the release of classified
information, the classified information shall be made available only to
president of the board making the request and the counsel for the
missing person appointed under subsection (f).
``(B) The president of a board shall close to persons who do not
have appropriate security clearances those portions of the proceeding
of the Board during which classified information is discussed.
Participants at a proceeding of a board at which classified information
is discussed shall comply with all applicable laws and regulations
relating to the disclosure of classified information. The Secretary
concerned shall assist the president of a board in ensuring that
classified information is not compromised through board proceedings.
``(k) Recommendation on Status.--(1) Upon completion of an inquiry
under this subsection, a board shall make a recommendation as to the
current whereabouts or status of each missing person covered by the
inquiry.
``(2) A board may not recommend under paragraph (1) that a person
be declared dead unless--
``(A) proof of death is established by the board; and
``(B) in making the recommendation, the board complies with
section 1507 of this title.
``(l) Report.--A board appointed under this section shall submit to
the Secretary of Defense a report on the inquiry carried out by the
board, together with the evidence considered by the board during the
inquiry. The report may include a classified annex.
``(m) Actions by Secretary.--(1) Not later than 30 days after the
receipt of a report from a board under subsection (k), the Secretary
shall review--
``(A) the report;
``(B) the review of the report submitted to the Secretary
under subsection (f)(3) by the counsel for each person covered
by the report; and
``(C) the objections, if any, to the report submitted to
the president of the board under subsection (g)(6).
``(2) In reviewing a report under paragraph (1) (including the
review and objections described in subparagraphs (A) and (B) of that
paragraph), the Secretary shall determine whether or not the report is
complete and free of administrative error. If the Secretary determines
that the report is incomplete, or that the report is not free of
administrative error, the Secretary may return the report to the board
for further action on the report by the board.
``(3) Upon a determination by the Secretary that a report reviewed
under this subsection is complete and free of administrative error, the
Secretary shall make a determination concerning the status of each
person covered by the report.
``(n) Report to Family Members and Other Interested Persons.--Not
later than 90 days after the date on which a board submits a report on
a person under subsection (l), the Secretary of Defense shall--
``(1) with respect to each missing person whose status or
whereabouts are covered by the report, provide an unclassified
summary of the report to the primary next of kin, the other
members of the immediate family, and any other previously
designated person; and
``(2) in the case of a person who continues to be in a
missing status, inform each individual referred to in paragraph
(1) that the United States will conduct a further investigation
into the whereabouts or status of the person not later than
three years after the date of the official notice of the
disappearance of the person, unless information becomes
available within that time that would result in a substantial
change in the official status of the person.
``Sec. 1505. Further review
``(a) Subsequent Review.--The Secretary shall conduct subsequent
inquiries into the whereabouts or status of any person determined by
the Secretary under section 1504 of this title to be in a missing
status.
``(b) Frequency of Subsequent Reviews.--(1) Subject to paragraph
(3), the Secretary shall appoint a board to conduct an inquiry with
respect to a person under this subsection--
``(A) on or about three years after the date of the
official notice of the disappearance of the person; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph (1), the
Secretary shall appoint a board to conduct an inquiry with respect to a
person under this subsection upon receipt of information that could
result in a change or revision of status of a missing person. Whenever
the Secretary appoints a board under this paragraph, the time for
subsequent appointments of a board under paragraph (1)(B) shall be
determined from the date of the receipt of such information.
``(3) The Secretary is not required to appoint a board under
paragraph (1) with respect to the disappearance of any person--
``(A) more than 30 years after the first notice of the
disappearance of the missing person; or
``(B) if, before the end of such 30-year period, the
missing person is accounted for.
``(c) Conduct of Proceedings.--The appointment of, and activities
before, a board appointed under this section shall be governed by the
provisions of section 1504 of this title with respect to a board
appointed under that section.
``Sec. 1506. Personnel files
``(a) Information in Files.--Except as provided in subsection (b),
the Secretary of the department having jurisdiction over a missing
person at the time of the person's disappearance shall, to the maximum
extent practicable, ensure that the personnel file of the person
contains all information in the possession of the United States
relating to the disappearance and whereabouts or status of the person.
``(b) Classified Information.--(1) The Secretary concerned may
withhold classified information from a personnel file under this
section.
``(2) If the Secretary concerned withholds classified information
from the personnel file of a person, the Secretary shall ensure that
the file contains the following:
``(A) A notice that the withheld information exists.
``(B) A notice of the date of the most recent review of the
classification of the withheld information.
``(c) Wrongful Withholding.--Any person who knowingly and willfully
withholds from the personnel file of a missing person any information
(other than classified information) relating to the disappearance or
whereabouts or status of a missing person shall be fined as provided in
title 18 or imprisoned not more than one year, or both.
``(d) Availability of Information.--The Secretary concerned shall,
upon request, make available the contents of the personnel file of a
missing person to the missing person's primary next of kin, the other
members of the missing person's immediate family, or any other
previously designated person of the missing person.
``Sec. 1507. Recommendation of status of death
``(a) Requirements Relating to Recommendation.--A board appointed
under section 1504 or 1505 of this title may not recommend that a
person be declared dead unless--
``(1) credible evidence exists to suggest that the person
is dead;
``(2) the United States possesses no credible evidence that
suggests that the person is alive;
``(3) representatives of the United States have made a
complete search of the area where the person was last seen
(unless, after making a good faith effort to obtain access to
such area, such representatives are not granted such access);
and
``(4) representatives of the United States have examined
the records of the government or entity having control over the
area where the person was last seen (unless, after making a
good faith effort to obtain access to such records, such
representatives are not granted such access).
``(b) Submittal of Information on Death.--If a board appointed
under section 1504 or 1505 of this title makes a recommendation that a
missing person be declared dead, the board shall include in the report
of the board with respect to the person under such section the
following:
``(1) A detailed description of the location where the
death occurred.
``(2) A statement of the date on which the death occurred.
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that the body
recovered is that of the missing person.
``Sec. 1508. Judicial review
``(a) In General.--(1) A person referred to in paragraph (2) may
obtain review of a finding described in paragraph (3) by the court of
appeals of the United States for the circuit in which the person
resides or in which the finding was made. Judicial review under this
section shall be as provided in section 706 of title 5.
``(2) Paragraph (1) applies to any of the following persons with
respect to a missing person subject to a finding described in paragraph
(3):
``(A) The primary next of kin of the person.
``(B) A member of the immediate family of the person.
``(C) A dependent of the person.
``(D) A person previously designated by the person.
``(3) Paragraph (1) applies to the following findings:
``(A) A finding by a board appointed under section 1504 or
1505 of this title that a missing person is dead.
``(B) A finding by a board appointed under section 1509 of
this title that confirms that a missing person formerly
declared dead is in fact dead.
``(4) A person referred to in paragraph (2) shall request review of
a finding under this subsection by filing with the appropriate court a
written petition requesting that the finding be set aside.
``(b) Finality.--The decision of the court of appeals on a petition
for review under subsection (a) is final, except that such decision is
subject to review by the Supreme Court upon certiorari, as provided in
section 1254 of title 28.
``(c) Additional Review.--(1) Subject to paragraph (2), upon
request by a person referred to in subsection (a)(2), the Secretary
concerned shall appoint a board to review the status of a person
covered by a finding described in subsection (a)(3) if the court of
appeals sets aside the finding and--
``(A) the time allowed for filing a petition for certiorari
has expired and no such petition has been duly filed;
``(B) the petition for certiorari has been denied; or
``(C) the decision of the court of appeals has been
affirmed by the Supreme Court.
``(2) A person referred to in paragraph (1) shall make a request
referred to in that paragraph not later than three years after the date
of the event under that paragraph that entitles the person to request
the appointment of a board.
``Sec. 1509. Persons previously declared dead
``(a) Review of Status.--(1) Not later than three years after the
date of the enactment of this chapter, a person referred to in
paragraph (2) may submit a request for appointment of a board to review
the status of a person previously declared dead while in a missing
status, in a case in which the death is declared to have occurred on or
after December 7, 1941.
``(2) A board shall be appointed under this section with respect to
the death of any person based on the request of any of the following
persons:
``(A) The primary next of kin of such person.
``(B) An adult member of the immediate family of the person
previously declared dead.
``(C) An adult dependent of such person.
``(D) A person previously designated by such person.
``(3) A request under this section shall be submitted to the
Secretary of the executive department or head of the agency of the
United States that had jurisdiction over the person covered by the
request at the time of the person's disappearance.
``(b) Appointment of Board.--Upon receiving a request under
subsection (a), the official to whom the request is submitted shall
appoint a board to review the status of the person covered by the
request.
``(c) Duties of Board.--A board appointed under this section to
review the status of a person previously declared dead shall--
``(1) conduct an investigation to determine the status of
the person; and
``(2) issue a report describing the findings of the board
under the investigation and the recommendations of the board as
to the status of the person.
``(d) Effect of Change in Status.--If a board appointed under this
section recommends placing in a missing status a person previously
declared dead, such person shall accrue no pay or allowances as a
result of the placement of the person in such status.
``(e) Conduct of Proceedings.--The appointment of, and activities
before, a board appointed under this section shall, to the extent
practicable, be governed by the provisions of section 1504 of this
title with respect to a board appointed under that section.
``Sec. 1510. Procedures applicable in case of civilians
``(a) In General.--In applying the procedures specified in this
chapter in the case of a person described in section 1501(d)(2) of this
title--
``(1) any reference to the commander of the unit, facility,
or area to which the missing person is assigned shall be
treated as referring to the local authority or supervisor of
the department or agency of the United States under whom the
missing person was directly operating or to whom the missing
person was responsible;
``(2) any reference to the theater component commander
shall be treated as referring to the senior official in the
region in which the missing person disappeared of the
department or agency of the United States with jurisdiction
over the missing person (or, if there is no such official, such
other person (including the appropriate theater component
commander) as may be designated by the head of that department
of agency);
``(3) any reference to the Secretary concerned shall be
treated as referring to the head of the department or agency of
the United States with jurisdiction over the missing person.
``(b) CINC Review Not To Apply.--The provisions of section 1503(k)
shall not apply in the case of a person described in section 1501(d)(2)
of this title. In such a case, the report under section 1503(j)(4) of
this title shall be submitted directly to the head of the department or
agency of the United States with jurisdiction over the missing person.
``(c) Rule for Department of Defense Civilians.--In the case of a
person described in section 1501(d)(2) of this title who is an employee
of the Department of Defense, or an employee of a contractor of the
Department of Defense, the head of the department or agency of the
United States with jurisdiction over that person--
``(1) if the person is an employee of, or an employee of a
contractor of, a military department, shall be considered to be
the Secretary of that military department; and
``(2) otherwise shall be considered to be the Secretary of
Defense.
``Sec. 1511. Return alive of person declared missing or dead
``(a) Pay and Allowances.--Any person in a missing status or
declared dead under the Missing Persons Act of 1942 (56 Stat. 143) or
chapter 10 of title 37 or by a board appointed under this chapter who
is found alive and returned to the control of the United States shall
be paid for the full time of the absence of the person while given that
status or declared dead under the law and regulations relating to the
pay and allowances of persons returning from a missing status.
``(b) Effect on Gratuities Paid as a Result of Status.--Subsection
(a) shall not be interpreted to invalidate or otherwise affect the
receipt by any person of a death gratuity or other payment from the
United States on behalf of a person referred to in subsection (a)
before the date of the enactment of this chapter.
``Sec. 1512. Effect on State law
``(a) Nonpreemption of State Authority.--Nothing in this chapter
shall be construed to invalidate or limit the power of any State court
or administrative entity, or the power of any court or administrative
entity of any political subdivision thereof, to find or declare a
person dead for purposes of the laws of such State or political
subdivision.
``(b) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.
``Sec. 1513. Definitions
``In this chapter:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is in a missing status; or
``(B) a civilian employee of the United States or
of a contractor of the United States who is serving
with or accompanying the armed forces under orders and
who is in a missing status.
``(2) The term `missing status' means the status of a
missing person who is determined to be absent in a status of--
``(A) missing;
``(B) missing in action;
``(C) interned in a foreign country;
``(D) captured, beleaguered, or besieged by a
hostile force; or
``(E) detained in a foreign country against that
person's will.
``(3) The term `accounted for', with respect to a person in
a missing status, means that--
``(A) the person is returned to United States
control alive;
``(B) the remains of the person are returned to the
United States; or
``(C) credible evidence exists to support another
determination of the person's status.
``(4) The term `member of the immediate family', in the
case of a missing person, means the spouse or a child, parent,
or sibling of the person.
``(5) The term `previously designated person', in the case
of a missing person, means an individual designated by the
missing person under section 655 of this title for purposes of
this chapter.
``(6) The term `classified information' means any
information the unauthorized disclosure of which (as determined
under applicable law and regulations) could reasonably be
expected to damage the national security.
``(7) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any of
the armed forces who (A) is commander of all forces of that
armed force assigned to that combatant command, and (B) is
directly subordinate to the commander of the combatant
command.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of title 10, United States
Code, are amended by inserting after the item relating to chapter 75
the following new item:
``76. Missing Persons....................................... 1501''.
(c) Conforming Amendments.--Chapter 10 of title 37, United States
Code, is amended as follows:
(1) Section 555 is amended--
(A) in subsection (a), by striking out ``When a
member'' and inserting in lieu thereof ``Except as
provided in subsection (d), when a member''; and
(B) by adding at the end the following new
subsection:
``(d) This section does not apply in a case to which section 1502
of title 10 applies.''.
(2) Section 552 is amended--
(A) in subsection (a), by striking out ``for all
purposes,'' in the second sentence of the matter
following paragraph (2) and all that follows through
the end of the sentence and inserting in lieu thereof
``for all purposes.'';
(B) in subsection (b), by inserting ``or is
determined under chapter 76 title 10'' before the
period at the end; and
(C) in subsection (e), by inserting ``or under
chapter 76 of title 10'' after ``section 555 of this
title''.
(3) Section 553 is amended--
(A) in subsection (f), by striking out ``the date
the Secretary concerned receives evidence that'' and
inserting in lieu thereof ``the date on which, in a
case covered by section 555 of this title, the
Secretary concerned receives evidence, or, in a case
covered by chapter 76 of title 10 the Secretary
concerned determines pursuant to that chapter, that'';
and
(B) in subsection (g), by inserting ``or under
chapter 76 of title 10'' after ``section 555 of this
title''.
(4) Section 556 is amended--
(A) in subsection (a), by inserting after paragraph
(7) the following:
``Paragraphs (1), (5), (6), and (7) shall only apply with respect to a
case to which section 555 of this title applies.'';
(B) in subsection (b), by inserting ``, in a case
to which section 555 of this title applies,'' after
``When the Secretary concerned''; and
(C) in subsection (h)--
(i) in the first sentence, by striking out
``status'' and inserting in lieu thereof
``pay''; and
(ii) in the second sentence, by inserting
``in a case to which section 555 of this title
applies'' after ``under this section''.
(d) Designation of Individuals Having Interest in Status of Service
Members.--(1) Chapter 37 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 655. Designation of persons having interest in status of member
as a missing person
``(a) The Secretary concerned shall, upon the enlistment or
appointment of a person in the armed forces, require that the person
specify in writing the person (if any), other than that person's
primary next of kin, to whom information on the whereabouts or status
of the member shall be provided if such whereabouts or status are
investigated under chapter 76 of this title. The Secretary shall
periodically, and whenever the member is deployed as part of a
contingency operation or in other circumstances specified by the
Secretary, require that such designation be reconfirmed, or modified,
by the member.
``(b) The Secretary concerned shall, upon the request of a member,
permit the member to change the person or persons specified by the
member under subsection (a) at any time. Any such change shall be in
writing.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``655. Designation of persons having interest in status of member as a
missing person.''.
SEC. 564. NOMINATIONS TO SERVICE ACADEMIES FROM COMMONWEALTH OF THE
NORTHERN MARIANAS ISLANDS.
(a) Military Academy.--Section 4342(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative from
the commonwealth.''.
(b) Naval Academy.--Section 6954(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One from the Commonwealth of the Northern Marianas
Islands, nominated by the resident representative from the
commonwealth.''.
(c) Air Force Academy.--Section 9342(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative from
the commonwealth.''.
SEC. 565. REPORT ON THE CONSISTENCY OF REPORTING OF FINGERPRINT CARDS
AND FINAL DISPOSITION FORMS TO THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on the consistency with which fingerprint cards and final
disposition forms, as described in Criminal Investigations Policy
Memorandum 10 issued by the Defense Inspector General on March 25,
1987, are reported by the Defense Criminal Investigative Organizations
to the Federal Bureau of Investigation for inclusion in the Bureau's
criminal history identification files.
(b) Matters To Be Included.--In the report, the Secretary shall--
(1) survey fingerprint cards and final disposition forms
filled out in the past 24 months by each investigative
organization;
(2) compare the fingerprint cards and final disposition
forms filled out to all judicial and nonjudicial procedures
initiated as a result of actions taken by each investigative
service in the past 24 months;
(3) account for any discrepancies between the forms filled
out and the judicial and nonjudicial procedures initiated;
(4) compare the fingerprint cards and final disposition
forms filled out with the information held by the Federal
Bureau of Investigation criminal history identification files;
(5) identify any weaknesses in the collection of
fingerprint cards and final disposition forms and in the
reporting of that information to the Federal Bureau of
Investigation; and
(6) determine whether or not other law enforcement
activities of the military services collect and report such
information or, if not, should collect and report such
information.
(c) Submission of Report.--The report shall be submitted not later
than 180 days after the date of the enactment of this Act.
(d) Definition.--For the purposes of this section, the term
``criminal history identification files'', with respect to the Federal
Bureau of Investigation, means the criminal history record system
maintained by the Federal Bureau of Investigation based on fingerprint
identification and any other method of positive identification.
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF
COMMISSIONED CORPS OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of the Act of
August 10, 1956 (33 U.S.C. 857a), is amended by adding at the end the
following new paragraph:
``(15) Section 1174a, special separation benefits (except
that benefits under subsection (b)(2)(B) of such section are
subject to the availability of appropriations for such purpose
and are provided at the discretion of the Secretary of
Commerce).''.
(b) Technical Corrections.--Such section is further amended--
(1) by striking out ``Coast and Geodetic Survey'' in
subsections (a) and (b) and inserting in lieu thereof
``commissioned officer corps of the National Oceanic and
Atmospheric Administration''; and
(2) in subsection (a), by striking out ``including changes
in those rules made after the effective date of this Act'' in
the matter preceding paragraph (1) and inserting in lieu
thereof ``as those provisions are in effect from time to
time''.
(c) Temporary Early Retirement Authority..--Section 4403 (other
than subsection (f)) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2702; 10 U.S.C. 1293
note) shall apply to the commissioned officer corps of the National
Oceanic and Atmospheric Administration in the same manner and to the
same extent as that section applies to the Department of Defense. The
Secretary of Commerce shall implement the provisions of that section
with respect to such commissioned officer corps and shall apply the
provisions of that section to the provisions of the Coast and Geodetic
Survey Commissioned Officers' Act of 1948 relating to the retirement of
members of such commissioned officer corps.
(d) Effective Date.--This section shall apply only to members of
the commissioned officer corps of the National Oceanic and Atmospheric
Administration who are separated after September 30, 1995.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(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 1996 shall not be made.
(b) Increase in Basic Pay and BAS.--Effective on January 1, 1996,
the rates of basic pay and basic allowance for subsistence of members
of the uniformed services are increased by 2.4 percent.
(c) Increase in BAQ.--Effective on January 1, 1996, the rates of
basic allowance for quarters of members of the uniformed services are
increased by 5.2 percent.
(d) Uniformed Services Defined.--For purposes of this section, the
term ``uniformed services'' does not include the National Oceanic and
Atmospheric Administration.
SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR SUBSISTENCE FOR MEMBERS
WITHOUT DEPENDENTS RESIDING IN GOVERNMENT QUARTERS.
(a) Percentage Limitation.--Subsection (b) of section 402 of title
37, United States Code, is amended by adding after the last sentence
the following new paragraph:
``(4) In the case of members of the Army, Navy, Air Force, or
Marine Corps who, when present at their permanent duty station, reside
without dependents in Government quarters, the Secretary concerned may
not provide a basic allowance for subsistence to more than 12 percent
of such members under the jurisdiction of the Secretary concerned. The
Secretary concerned may exceed such percentage during a fiscal year if
the Secretary determines that compliance would increase costs to the
Government, would impose financial hardships on members otherwise
entitled to a basic allowance for subsistence, or would reduce the
quality of life for such members. This paragraph shall not apply to
members described in the first sentence when the members are not
residing at their permanent duty station. The percentage limitation
specified in this paragraph shall be achieved as soon as possible after
the date of the enactment of this paragraph, but in no case later than
September 30, 1996.''.
(b) Stylistic Amendments.--Such subsection is further amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(2) by inserting ``(1)'' after ``(b)'';
(3) by designating the second sentence as paragraph (2);
and
(4) by designating the fifth sentence as paragraph (3).
(c) Conforming Amendments.--(1) Subsection (e) of such section is
amended--
(A) in paragraph (1), by striking out ``the third sentence
of subsection (b)'' and inserting in lieu thereof ``subsection
(b)(2)''; and
(B) in paragraph (2), by striking out ``subsection (b)''
and inserting in lieu thereof ``subsection (b)(2)''.
(2) Section 1012 of title 37, United States Code, is amended by
striking out ``the last sentence of section 402(b)'' and inserting in
lieu thereof ``section 402(b)(3)''.
(d) Report Required.--Not later than March 31, 1996, the Secretary
of Defense shall submit to Congress a report identifying, for the Army,
Navy, Air Force, and the Marine Corps--
(1) the number of members without dependents who reside in
Government quarters at their permanent duty stations and
receive a basic allowance for subsistence under section 402 of
title 37, United States Code;
(2) such number as a percentage of the total number of
members without dependents who reside in Government quarters;
(3) a recommended maximum percentage of members without
dependents who reside in Government quarters at their permanent
duty station and should receive a basic allowance for
subsistence; and
(4) the reasons such maximum percentage was selected.
SEC. 603. AUTHORIZATION OF PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO
ADDITIONAL MEMBERS ASSIGNED TO SEA DUTY.
(a) Expansion of Eligible Members.--Section 403(c)(2) of title 37,
United States Code, is amended--
(1) in the first sentence, by striking out ``E-7'' and
inserting in lieu thereof ``E-6''; and
(2) in the second sentence, by striking out ``E-6'' and
inserting in lieu thereof ``E-5''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on July 1, 1996.
SEC. 604. ESTABLISHMENT OF MINIMUM AMOUNTS OF VARIABLE HOUSING
ALLOWANCE FOR HIGH HOUSING COST AREAS AND ADDITIONAL
LIMITATION ON REDUCTION OF ALLOWANCE FOR CERTAIN MEMBERS.
(a) Minimum Amounts of VHA.--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:
``(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 determined by the Secretary of Defense as
the minimum necessary to meet the cost of adequate housing in
that area, as determined by the Secretary, for all residents in
that area with an appropriate income level selected by the
Secretary.''.
(b) Limitation on Reduction in VHA.--Paragraph (3) of such
subsection is amended by adding at the end the following new sentence:
``However, on and after January 1, 1996, the monthly amount of a
variable housing allowance under this section for a member of a
uniformed service with respect to an area may not be reduced so long as
the member retains uninterrupted eligibility to receive a variable
housing allowance within that area and the member's certified housing
costs are not reduced, as indicated by certifications provided by the
member under subsection (b)(4).''.
(c) Effect on Total Amount Available for VHA.--Subsection (d)(3) of
such section is amended by inserting after the first sentence the
following new sentence: ``In addition, the total amount determined
under paragraph (1) shall be adjusted to ensure that sufficient amounts
are available to allow payment of any additional variable housing
allowance necessary as a result of paragraph (1)(B) and the
requirements of the second sentence of paragraph (3).''
(d) Conforming Amendments.--Subsection (c) of such section is
further amended--
(1) in paragraph (3), as amended by subsection (b), by
striking out ``this subsection'' and inserting in lieu thereof
``paragraph (1)(A) or minimum levels of variable housing
allowances under paragraph (1)(B)''; and
(2) in paragraph (5), by inserting ``or minimum levels of
variable housing allowances'' after ``costs of housing''.
(e) Delayed Implementation of Minimum Amounts of VHA.--Subsection
(c)(1)(B) of section 403a of title 37, United States Code, as added by
subsection (a), shall be used to determine the monthly amount of a
variable housing allowance under such section for members of the
uniformed services only for months beginning after June 30, 1996.
(f) Report on Implementation.--Not later than June 1, 1996, the
Secretary of Defense shall submit to Congress a report describing the
procedures to be used to implement the amendments made by this section
and the costs of such amendments.
SEC. 605. CLARIFICATION OF LIMITATION ON RECEIPT OF FAMILY SEPARATION
ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is amended by
inserting before the period at the end of the first sentence the
following: ``unless such entitlement is based on paragraph (1)(B)''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of such
title is amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 1998''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of such
title is amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 1998''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of such title is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1998''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of such title
is amended by striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1998''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY 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, 1996'' 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, 1996'' 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, 1996'' and inserting in lieu thereof ``September 30,
1998''.
SEC. 613. EXTENSION OF AUTHORITY 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, 1995''
and inserting in lieu thereof ``September 30, 1998''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such
title is amended by striking out ``September 30, 1996'' and inserting
in lieu thereof ``September 30, 1998''.
(c) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of such title are each amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1998''.
(d) Special Pay for Enlisted Members of the Selected Reserve
Assigned to Certain High Priority Units.--Section 308d(c) of such title
is amended by striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1998''.
(e) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of such title is amended by striking
out ``September 30, 1996'' and inserting in lieu thereof ``September
30, 1998''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of such title
is amended by striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1998''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
title is amended by striking out ``October 1, 1996' and inserting in
lieu thereof ``October 1, 1998''.
(h) 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, 1996'' and
inserting in lieu thereof ``October 1, 1998''.
SEC. 614. CODIFICATION AND EXTENSION OF SPECIAL PAY FOR CRITICALLY
SHORT WARTIME HEALTH SPECIALISTS IN THE SELECTED
RESERVES.
(a) Special Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 302f the following
new section:
``Sec. 302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties
``(a) Special Pay Authorized.--An officer of a reserve component of
the armed forces described in subsection (b) who executes a written
agreement under which the officer agrees to serve in the Selected
Reserve of an armed force for a period of not less than one year nor
more than three years, beginning on the date the officer accepts the
award of special pay under this section, may be paid special pay at an
annual rate not to exceed $10,000.
``(b) Eligible Officers.--An officer referred to in subsection (a)
is an officer in a health care profession who is qualified in a
specialty designated by regulations as a critically short wartime
specialty.
``(c) Time for Payment.--Special pay under this section shall be
paid annually at the beginning of each twelve-month period for which
the officer has agreed to serve.
``(d) Refund Requirement.--An officer who voluntarily terminates
service in the Selected Reserve of an armed force before the end of the
period for which a payment was made to such officer under this section
shall refund to the United States the full amount of the payment made
for the period on which the payment was based.
``(e) Inapplicability of Discharge in Bankruptcy.--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 receiving special pay under the agreement from the debt
arising under the agreement.
``(f) Termination of Agreement Authority.--No agreement under this
section may be entered into after September 30, 1998.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 302f the
following new item:
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.''.
(b) Conforming Amendment.--Section 303a of title 37, United States
Code is amended by striking out ``302, 302a, 302b, 302c, 302d, 302e,''
each place it appears and inserting in lieu thereof ``302 through
302g,''.
(c) Conforming Repeal.--(1) Section 613 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 37 U.S.C. 302
note) is repealed.
(2) The repeal of section 613 of the National Defense Authorization
Act, Fiscal Year 1989, by paragraph (1) shall not affect the validity
or terms of any agreement entered into under such section before the
date of the enactment of this Act.
SEC. 615. CHANGE IN ELIGIBILITY REQUIREMENTS FOR CONTINUOUS MONTHLY
AVIATION INCENTIVE PAY.
(a) Lower Incentive Pay Gate.--Section 301a(a)(4) of title 37,
United States Code, is amended by striking out ``9'' in the first
sentence and inserting in lieu thereof ``8''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1995.
SEC. 616. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREWMEMBERS OF
SHIPS DESIGNATED AS TENDERS.
(a) Continuous Entitlement.--Section 305a(d)(1)(A) of title 37,
United States Code, is amended--
(1) by striking out ``or'' after ``under way'' and
inserting in lieu thereof a comma; and
(2) by inserting before the semicolon at the end the
following: ``, or while serving as a member of a tender-class
ship (with the hull classification of submarine or
destroyer)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1995.
SEC. 617. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY FOR
ENLISTED MEMBERS SERVING AS RECRUITERS.
(a) Special Maximum Rate for Recruiters.--Section 307(a) of title
37, United States Code, is amended by adding at the end the following
new sentence: ``In the case of a member who is serving as a military
recruiter and is eligible for special duty assignment pay under this
subsection on account of such duty, the Secretary concerned may
increase the monthly rate of special duty assignment pay for the member
to not more than $375.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1996.
Subtitle C--Travel and Transportation Allowances
SEC. 621. AUTHORIZATION OF RETURN TO UNITED STATES OF FORMERLY
DEPENDENT CHILDREN OF MEMBERS.
(a) Return at Government Expense.--Section 406(h)(1) of title 37,
United States Code, is amended in the last sentence--
(1) by striking out ``who became 21 years of age'' and
inserting in lieu thereof ``who, by reason of age or graduation
from (or cessation of enrollment in) an institution of higher
education, would otherwise cease to be a dependent of the
member''; and
(2) by inserting ``still'' after ``shall''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995.
SEC. 622. AUTHORIZATION OF DISLOCATION ALLOWANCE FOR MOVES IN
CONNECTION WITH BASE REALIGNMENTS AND CLOSURES.
(a) Dislocation Allowance Authorized.--Subsection (a) of section
407 of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph (3);
(2) by striking out the period at the end of paragraph
(4)(B) and inserting in lieu thereof ``; or''; and
(3) by inserting after paragraph (4)(B) the following new
paragraph:
``(5) the member's dependents actually make an authorized
move in connection with the member's directed order to move as
a result of the closure or realignment of a military
installation.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in the sentence following subsection (a)(4)--
(A) by striking out ``clause (3) or (4)(B)'' and
inserting in lieu thereof ``paragraph (3) or (4)(B)'';
and
(B) by striking out ``clause (1)'' and inserting in
lieu thereof ``paragraph (1) or (5)'';
(2) in subsection (b)--
(A) by striking out ``subsection (a)(3) or
(a)(4)(B)'' and inserting in lieu thereof ``paragraph
(3) or (4)(B) of subsection (a)''; and
(B) by striking out ``subsection (a)(1)'' and
inserting in lieu thereof ``paragraph (1) or (5) of
subsection (a)''.
SEC. 623. REPEAL OF PROHIBITION ON PAYMENT OF LODGING EXPENSES WHEN
ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE.
(a) Repeal.--Section 1589 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking out the item relating
to section 1589.
Subtitle D--Other Matters
SEC. 631. ELIMINATION OF UNNECESSARY ANNUAL REPORTING REQUIREMENTS
REGARDING COMPENSATION MATTERS.
(a) Report on Travel and Transportation Allowances for
Dependents.--(1) Section 406 of title 37, United States Code, is
amended--
(A) by striking out subsection (i); and
(B) by redesignating subsections (j), (k), (l), (m), and
(n) as subsections (i), (j), (k), (l), and (m), respectively.
(2) Section 2634(d) of title 10, United States Code, is amended by
striking out ``section 406(l) of title 37'' and inserting in lieu
thereof ``section 406(k) of title 37''.
(b) Annual Review of Pay and Allowances.--Subsection (a) of section
1008 of title 37, United States Code, is amended to read as follows:
``(a) Not later than March 31 of each year, the President shall
submit to Congress such recommendations (if any) as the President
considers appropriate for adjustments in the rates of pay and
allowances authorized by this title for members of the uniformed
services.''.
SEC. 632. STUDY REGARDING JOINT PROCESS FOR DETERMINING LOCATION OF
RECRUITING STATIONS.
(a) Study Required.--The Secretary of Defense shall conduct a study
regarding the feasibility of--
(1) using a joint process among the Armed Forces for
determining the location of recruiting stations and the number
of military personnel required to operate such stations; and
(2) basing such determinations on market research and
analysis conducted jointly by the Armed Forces.
(b) Report.--Not later than March 31, 1996, the Secretary of
Defense shall submit to Congress a report describing the results of the
study. The report shall include a recommended method for measuring the
efficiency of individual recruiting stations, such as cost per
accession or other efficiency standard, as determined by the Secretary.
SEC. 633. ELIMINATION OF DISPARITY BETWEEN EFFECTIVE DATES FOR MILITARY
AND CIVILIAN RETIREE COST-OF-LIVING ADJUSTMENTS FOR
FISCAL YEAR 1996.
(a) In General.--The fiscal year 1996 increase in military retired
pay shall (notwithstanding subparagraph (B) of section 1401a(b)(2) of
title 10, United States Code) first be payable as part of such retired
pay for the month of March 1996.
(b) Definitions.--For the purposes of subsection (a):
(1) The term ``fiscal year 1996 increase in military
retired pay'' means the increase in retired pay that, pursuant
to paragraph (1) of section 1401a(b) of title 10, United States
Code, becomes effective on December 1, 1995.
(2) The term ``retired pay'' includes retainer pay.
(c) Limitation.--Subsection (a) shall be effective only if there is
appropriated to the Department of Defense Military Retirement Fund (in
an Act making appropriations for the Department of Defense for fiscal
year 1996 that is enacted before March 1, 1996) such amount as is
necessary to offset increased outlays to be made from that fund during
fiscal year 1996 by reason of the provisions of subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 1996 to the Department of Defense Military
Retirement Fund the sum of $403,000,000 to offset increased outlays to
be made from that fund during fiscal year 1996 by reason of the
provisions of subsection (a).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. MODIFICATION OF REQUIREMENTS REGARDING ROUTINE PHYSICAL
EXAMINATIONS AND IMMUNIZATIONS UNDER CHAMPUS.
Section 1079(a) of title 10, United States Code, is amended by
striking out paragraph (2) and inserting in lieu thereof the following
new paragraph:
``(2) consistent with such regulations as the Secretary of
Defense may prescribe regarding the content of health promotion
and disease prevention visits, the schedule of pap smears and
mammograms, and the types and schedule of immunizations--
``(A) for dependents under six years of age, both
health promotion and disease prevention visits and
immunizations may be provided; and
``(B) for dependents six years of age or older,
health promotion and disease prevention visits may be
provided in connection with immunizations or with
diagnostic or preventive pap smears and mammograms;''.
SEC. 702. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND DEATH
AND DISABILITY BENEFITS FOR CERTAIN RESERVISTS.
(a) Medical and Dental Care.--Section 1074a(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight, between successive periods of
inactive-duty training, at or in the vicinity of the site of
the inactive-duty training, and the site is outside reasonable
commuting distance from the member's residence.''.
(b) Recovery, Care, and Disposition of Remains.--Section 1481(a)(2)
of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking out ``or'' at the end
of the subparagraph;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) remaining overnight, between successive
periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, and
the site is outside reasonable commuting distance from
the member's residence; or''.
(c) Entitlement to Basic Pay.--(1) Subsection (g)(1) of section 204
of title 37, United States Code, is amended--
(A) in subparagraph (B), by striking out ``or'' at the end
of the subparagraph;
(B) in subparagraph (C), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, and the
site is outside reasonable commuting distance from the member's
residence.''.
(2) Subsection (h)(1) of such section is amended--
(A) in subparagraph (B), by striking out ``or'' at the end
of the subparagraph;
(B) in subparagraph (C), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, and the
site is outside reasonable commuting distance from the member's
residence.''.
(d) Compensation for Inactive-Duty Training.--Section 206(a)(3) of
title 37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``or'' at the end
of clause (ii);
(2) in subparagraph (B), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) in line of duty while remaining overnight,
between successive periods of inactive-duty training,
at or in the vicinity of the site of the inactive-duty
training, and the site is outside reasonable commuting
distance from the member's residence.''.
SEC. 703. MEDICAL AND DENTAL CARE FOR MEMBERS OF THE SELECTED RESERVE.
(a) Members of Early Deploying Units of the Army Selected
Reserve.--Section 1074a of title 10, United States Code, is amended--
(1) in subsection (c), by striking out ``this section'' and
inserting in lieu thereof ``subsection (b)''; and
(2) by adding at the end the following new subsection:
``(d)(1) The Secretary of the Army shall provide to members of the
Selected Reserve of the Army who are assigned to units scheduled for
deployment within 75 days after mobilization the following medical and
dental services:
``(A) An annual medical screening.
``(B) For members who are over 40 years of age, a full
physical examination not less often than once every two years.
``(C) An annual dental screening.
``(D) The dental care identified in an annual dental
screening as required to ensure that a member meets the dental
standards required for deployment in the event of mobilization.
``(2) The services provided under this subsection shall be provided
at no cost to the member.''.
(b) Voluntary Demonstration Program to Improve Dental Readiness of
Selected Reserve.--(1) For members of the Selected Reserve who are not
covered by subsection (a), the Secretary of Defense shall conduct a
demonstration program to offer such members affordable dental care for
the purpose of ensuring that such members meet the dental standards
required for deployment in the event of mobilization. The Secretary
shall determine the geographical scope of the demonstration program and
the number of members of the Selected Reserve who will be invited to
participate in the program. However, participation in the demonstration
program shall be offered to the members of at least one ground combat
maneuver unit of the Selected Reserve of the Army scheduled for
deployment within 90 days after mobilization.
(2) The Secretary may model the dental demonstration program after
the dependents' dental program authorized under section 1076a of title
10, United States Code, except that participants in the demonstration
program shall be responsible for all costs incurred to provide dental
care under the program. The Secretary shall provide for allotment or
deduction from the military pay of participants as a means to pay any
premiums required under the demonstration program.
(3) The authority to carry out the dental demonstration program
under this subsection shall expire on September 30, 1997.
(c) Evaluation of Demonstration Program.--Not later than March 1,
1997, the Secretary shall submit to Congress a report evaluating the
success of the dental demonstration program conducted under subsection
(b) in improving the dental readiness of the Selected Reserve. The
Secretary shall submit a revised report under this subsection not later
than 30 days after the expiration of the demonstration program.
(d) Conforming Repeals.--Sections 1117 and 1118 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI of Public
Law 102-484; 10 U.S.C. 3077 note) are repealed.
Subtitle B--TRICARE Program
SEC. 711. PRIORITY USE OF MILITARY TREATMENT FACILITIES FOR PERSONS
ENROLLED IN MANAGED CARE INITIATIVES.
Section 1097(c) of title 10, United States Code, is amended in the
third sentence by striking out ``However, the Secretary may'' and
inserting in lieu thereof ``Notwithstanding the preferences established
by sections 1074(b) and 1076 of this title, the Secretary shall''.
SEC. 712. STAGGERED PAYMENT OF ENROLLMENT FEES FOR TRICARE.
Section 1097(e) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``Without imposing
additional costs on covered beneficiaries who participate in contracts
for health care services under this section or health care plans
offered under section 1099 of this title, the Secretary shall permit
such covered beneficiaries to pay, on a monthly or quarterly basis, any
enrollment fee required for such participation.''.
SEC. 713. REQUIREMENT OF BUDGET NEUTRALITY FOR TRICARE TO BE BASED ON
ENTIRE PROGRAM.
(a) Change in Budget Neutrality Requirements.--Subsection (c) of
section 731 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 10 U.S.C. 1073 note) is amended--
(1) by striking out ``each managed health care initiative
that includes the option'' and inserting in lieu thereof ``the
TRICARE program''; and
(2) by striking out ``covered beneficiaries who enroll in
the option'' and inserting in lieu thereof ``members of the
uniformed services and covered beneficiaries who participate in
the TRICARE program''.
(b) Addition of Definition of TRICARE Program.--Subsection (d) of
such section is amended to read as follows:
``(d) Definitions.--For purposes of this section:
``(1) 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.
``(2) 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. 714. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION FOR
TRICARE LEAD AGENTS.
(a) Provision of Training.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
implement a professional educational program to provide appropriate
training in health care management and administration to each commander
of a military medical treatment facility of the Department of Defense
who is selected to serve as a lead agent to coordinate the delivery of
health care by military and civilian providers under the TRICARE
program.
(b) TRICARE Program Defined.--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.
(c) Report on Implementation.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report describing the professional educational
program implemented pursuant to this section.
SEC. 715. EVALUATION AND REPORT ON TRICARE EFFECTIVENESS.
(a) Evaluation Required.--The Secretary of Defense shall arrange
for an on-going evaluation of the effectiveness of the TRICARE program
in meeting the goals of increasing the access of covered beneficiaries
under chapter 55 of title 10, United States Code, to health care and
improving the quality of health care provided to covered beneficiaries,
without increasing the costs incurred by the Government or covered
beneficiaries. The evaluation shall specifically address the impact of
the TRICARE program on military retirees with regard to access, costs,
and quality of health care services and identify noncatchment areas in
which the HMO option of the TRICARE program will be available. The
Secretary shall use a federally funded research and development center
to conduct the evaluation required by this section.
(b) Annual Report.--Not later than March 1 of each year, the center
conducting the evaluation under subsection (a) shall submit to Congress
a report describing the results of the evaluation during the preceding
year.
(c) TRICARE Program Defined.--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.
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. LIMITATION ON EXPENDITURES TO SUPPORT UNIFORMED SERVICES
TREATMENT FACILITIES AND LIMITATION ON NUMBER OF
PARTICIPANTS IN USTF MANAGED CARE PLANS.
Subsection (f) of section 1252 of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d), is amended to read as
follows:
``(f) Limitation on Expenditures and Participants.--(1) The total
amount of expenditures by the Secretary of Defense to carry out this
section and section 911 of the Military Construction Authorization Act,
1982 (42 U.S.C. 248c), for fiscal year 1996 may not exceed
$300,000,000, adjusted by the Secretary to reflect the inflation factor
used by the Department of Defense for such year.
``(2) During fiscal year 1996, the number of covered beneficiaries
under chapter 55 of title 10, United States Code (including covered
beneficiaries described in section 1086(d)(1) of such title), who are
enrolled in managed care plans offered by facilities described in
subsection (a) and designated under subsection (c) may not exceed the
number of such covered beneficiaries so enrolled as of October 1,
1994.''.
SEC. 722. APPLICATION OF FEDERAL ACQUISITION REGULATION TO
PARTICIPATION AGREEMENTS WITH UNIFORMED SERVICES
TREATMENT FACILITIES.
(a) Section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) is amended--
(1) in the second sentence of paragraph (1), by striking
out ``A participation agreement'' and inserting in lieu thereof
``Except as provided in paragraph (4), a participation
agreement'';
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Application of federal acquisition regulation.--On
and after the date of the enactment of this paragraph,
Uniformed Services Treatment Facilities and any participation
agreement between Uniformed Services Treatment Facilities and
the Secretary of Defense shall be subject to the Federal
Acquisition Regulation issued pursuant to section 25(c) of the
Office of Federal Procurement Policy Act (41 U.S.C. 421(c))
notwithstanding any provision to the contrary in such a
participation agreement. The requirements regarding competition
in the Federal Acquisition Regulation shall apply with regard
to the negotiation of any new participation agreement between
the Uniformed Services Treatment Facilities and the Secretary
of Defense under this subsection or any other provision of
law.''.
(b) Sense of Congress.--(1) Congress finds that the Uniformed
Services Treatment Facilities provide quality health care to the
120,000 Department of Defense beneficiaries enrolled in the Uniformed
Services Family Health Plan provided by these facilities.
(2) In light of such finding, it is the sense of Congress that the
Uniformed Services Family Health Plan provided by the Uniformed
Services Treatment Facilities should not be terminated for convenience
under provisions of the Federal Acquisition Regulation by the Secretary
of Defense before the expiration of the current participation
agreements.
SEC. 723. DEVELOPMENT OF PLAN FOR INTEGRATING UNIFORMED SERVICES
TREATMENT FACILITIES IN MANAGED CARE PROGRAMS OF
DEPARTMENT OF DEFENSE.
Section 718(c) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1587) is amended by inserting
after paragraph (4), as added by section 722, the following new
paragraph:
``(5) Plan for integrating facilities.--(A) Not later than
March 1, 1996, the Secretary of Defense shall submit to
Congress a plan under which Uniformed Services Treatment
Facilities, on or before September 30, 1997, shall be included
in the exclusive health care provider networks established by
the Secretary for the geographic regions in which the
facilities are located. The Secretary shall address in the plan
the feasibility of implementing the managed care plan of the
Uniformed Services Treatment Facilities, known as Option II, on
a mandatory basis for all USTF Medicare-eligible beneficiaries
and the potential cost savings to the Military Health Care
Program that could be achieved under such option.
``(B) The plan developed under this paragraph shall be
consistent with the requirements specified in paragraph (4). If
the plan is not submitted to Congress by the expiration date of
the participation agreements entered into under this section,
the participation agreements shall remain in effect, at the
option of the Uniformed Services Treatment Facilities, until
the end of the 180-day period beginning on the date the plan is
finally submitted.
``(C) For purposes of this paragraph, the term `USTF
Medicare-eligible beneficiaries' means covered beneficiaries
under chapter 55 of title 10, United States Code, who are
enrolled in a managed health plan offered by the Uniformed
Services Treatment Facilities and entitled to hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).''.
SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS
FOR UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Time for Fee Implementation.--The uniform managed care benefit
fee and copayment schedule developed by the Secretary of Defense for
use in all managed care initiatives of the military health service
system, including the managed care program of the Uniformed Services
Treatment Facilities, shall be extended to the managed care program of
a Uniformed Services Treatment Facility only after the later of--
(1) the implementation of the TRICARE regional program
covering the service area of the Uniformed Services Treatment
Facility; or
(2) the end of the 180-day period beginning on the date of
the enactment of this Act.
(b) Submission of Actuarial Estimates.--Paragraph (2) of subsection
(a) shall operate as a condition on the extension of the uniform
managed care benefit fee and copayment schedule to the Uniformed
Services Treatment Facilities only if the Uniformed Services Treatment
Facilities submit to the Comptroller General of the United States,
within 30 days after the date of the enactment of this Act, actuarial
estimates in support of their contention that the extension of such
fees and copayments will have an adverse effect on the operation of the
Uniformed Services Treatment Facilities and the enrollment of
participants.
(c) Evaluation.--Except as provided in paragraph (2), not later
than 90 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress the results of an
evaluation of the effect on the Uniformed Services Treatment Facilities
of the extension of the uniform benefit fee and copayment schedule to
the Uniformed Services Treatment Facilities. The evaluation shall
include an examination of whether the benefit fee and copayment
schedule may--
(A) cause adverse selection of enrollees;
(B) be inappropriate for a fully at-risk program similar to
civilian health maintenance organizations; or
(C) result in an enrolled population dissimilar to the
general beneficiary population.
(2) The Comptroller General shall not be required to prepare or
submit the evaluation under paragraph (1) if the Uniformed Services
Treatment Facilities fail to satisfactorily comply with subsection (b),
as determined by the Comptroller General.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL HEALTH-CARE
PROVIDERS UNDER CHAMPUS.
(a) Maximum Payment.--Subsection (h) of section 1079 of title 10,
United States Code, is amended by striking out paragraph (1) and
inserting in lieu thereof the following new paragraph:
``(1) Payment for a charge for services by an individual health
care professional (or other noninstitutional health care provider) for
which a claim is submitted under a plan contracted for under subsection
(a) may not exceed the lesser of--
``(A) an amount equivalent to the 80th percentile of billed
charges made for similar services in the same locality during a
12-month base period; or
``(B) an amount determined to be appropriate, to the extent
practicable, in accordance with the same reimbursement rules as
apply to payments for similar services under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.).''.
(b) Comparison to Medicare Payments.--Such subsection is further
amended by adding at the end the following new paragraph:
``(3) For the purposes of paragraph (1)(B), the appropriate payment
amount shall be determined by the Secretary of Defense, in consultation
with the other administering Secretaries.''.
(c) Exceptions and Limitations.--Such subsection is further amended
by inserting after paragraph (3), as added by subsection (b), the
following new paragraphs:
``(4) The Secretary of Defense, in consultation with the other
administering Secretaries, shall prescribe regulations to provide for
such exceptions to the payment limitations under paragraph (1) as the
administering Secretaries determine to be necessary to assure that
covered beneficiaries retain adequate access to health care services.
Such exceptions may include the payment of amounts greater than the
amount allowed under paragraph (1) when enrollees in managed care
programs obtain covered emergency services from nonparticipating
providers. To transition from the payment methods in effect before the
date of the enactment of this paragraph to the methodology required by
paragraph (1), the amount allowable for any service may not be reduced
by more than 15 percent from the amount allowed for the same service
during the immediately preceding 12-month period (or other period as
established by the Secretary of Defense).
``(5) The Secretary of Defense, in consultation with the other
administering Secretaries, shall prescribe regulations to establish
limitations (similar to those limitations established under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.)) on beneficiary
liability for charges of an individual health care professional (or
other noninstitutional health care provider).''.
(d) Conforming Amendment.--Paragraph (2) of such subsection is
amended by striking out ``paragraph (1)'' and inserting in lieu thereof
``paragraph (1)(A)''.
(e) Report on Effect of Amendments.--Not later than March 1, 1996,
the Secretary of Defense shall submit to Congress a report analyzing
the effect of the amendments made by this section on the ability or
willingness of individual health care professionals and other
noninstitutional health care providers to participate in the Civilian
Health and Medical Program of the Uniformed Services.
SEC. 732. EXPANSION OF EXISTING RESTRICTION ON USE OF DEFENSE FUNDS FOR
ABORTIONS.
(a) Inclusion of Defense Facilities.--Section 1093 of title 10,
United States Code, is amended by inserting after ``Department of
Defense'' the following: ``, and medical treatment facilities or other
facilities of the Department of Defense,''.
(b) Clerical Amendments.--(1) The heading of such section is
amended by inserting ``or facilities'' after ``funds''.
(2) 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:
``1093. Restriction on use of funds or facilities for abortions.''.
SEC. 733. IDENTIFICATION OF THIRD-PARTY PAYER SITUATIONS.
Section 1095 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1) To improve the administration of this section and sections
1079(j)(1) and 1086(d) of this title, the Secretary of Defense, in
consultation with the other administering Secretaries, may prescribe
regulations to collect information regarding insurance, medical
service, or health plans of third-party payers held by covered
beneficiaries.
``(2) The collection of information under regulations issued under
paragraph (1) shall be conducted in the same manner as provided in
section 1862(b)(5) of the Social Security Act (42 U.S.C. 1395y(b)(5)).
The Secretary may provide for obtaining from the Commissioner of Social
Security employment information comparable to the information provided
to the Administrator of the Health Care Financing Administration
pursuant to such section. Such regulations may require the mandatory
disclosure of social security account numbers for all covered
beneficiaries.
``(3) The Secretary of Defense may disclosure relevant employment
information collected under this subsection to fiscal intermediaries or
other designated contractors.
``(4) The Secretary of Defense may provide for contacting employers
of covered beneficiaries to obtain group health plan information
comparable to the information authorized to be obtained under section
1862(b)(5)(C) of the Social Security Act (42 U.S.C. 1395y(b)(5)(C)).
Clause (ii) of such section regarding the imposition of civil money
penalties shall apply to the collection of information under this
paragraph.
``(5) Information obtained under this subsection may not be
disclosed for any purpose other than to carry out the purpose of this
section and sections 1079(j)(1) and 1086(d) of this title.''.
SEC. 734. REDESIGNATION OF MILITARY HEALTH CARE ACCOUNT AS DEFENSE
HEALTH PROGRAM ACCOUNT AND TWO-YEAR AVAILABILITY OF
CERTAIN ACCOUNT FUNDS.
(a) Redesignation.--Section 1100 of title 10, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) by striking out ``Military Health Care
Account'' and inserting in lieu thereof ``Defense
Health Program Account''; and
(B) by striking out ``the Civilian Health and
Medical Program of the Uniformed Services'' and
inserting in lieu thereof ``medical and health care
programs of the Department of Defense''; and
(2) in subsection (b)--
(A) by striking out ``entering into a contract''
and inserting in lieu thereof ``conducting programs and
activities under this chapter, including contracts
entered into''; and
(B) by inserting a comma after ``title''.
(b) Two Year Availability of Certain Appropriations.--Subsection
(a)(2) of such section is amended to read as follows:
``(2) Three percent of the funds appropriated annually for the
operation and maintenance of the programs and activities authorized by
this chapter shall remain available for obligation until the end of the
fiscal year following the fiscal year for which the funds were
appropriated. This paragraph shall not apply for a fiscal year to the
extent that a provision of law specifically refers to this paragraph
and specifies that this paragraph shall not apply for that fiscal
year.''.
(c) Conforming Amendments.--Such section is further amended--
(1) by striking out subsections (c), (d), and (f); and
(2) by redesignating subsection (e) as subsection (c).
(d) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 1100. Defense Health Program Account''.
(2) 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:
``1100. Defense Health Program Account.''.
SEC. 735. EXPANSION OF FINANCIAL ASSISTANCE PROGRAM FOR HEALTH-CARE
PROFESSIONALS IN RESERVE COMPONENTS TO INCLUDE DENTAL
SPECIALTIES.
Section 16201(b) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``and
Dentists'' after ``Physicians'';
(2) in paragraph (1)(A), by inserting ``or dental school''
after ``medical school'';
(3) in paragraphs (1)(B) and (2)(B), by inserting ``or
dental officer'' after ``medical officer''; and
(4) in paragraph (1)(C), by striking out ``physicians in a
medical specialty'' and inserting in lieu thereof ``physicians
or dentists in a medical or dental specialty''.
SEC. 736. ELIMINATION OF UNNECESSARY ANNUAL REPORTING REQUIREMENTS
REGARDING MILITARY HEALTH CARE.
Section 1252 of the Department of Defense Authorization Act, 1984
(42 U.S.C. 248d), is amended by striking out subsection (d).
Subtitle E--Other Matters
SEC. 741. TERMINATION OF PROGRAM TO TRAIN AND UTILIZE MILITARY
PSYCHOLOGISTS TO PRESCRIBE PSYCHOTROPIC MEDICATIONS.
(a) Termination.--Immediately after the date of the enactment of
this Act, the Secretary of Defense shall terminate the demonstration
pilot program for training and utilizing military psychologists in the
prescription of psychotropic medications, which is referred to in
section 8097 of the Department of Defense Appropriations Act, 1991
(Public Law 101-511; 104 Stat. 1897). None of the funds appropriated to
the Department of Defense for a fiscal year after fiscal year 1995 may
be used to train psychologists to be able to prescribe psychotropic
medications.
(b) Effect on Authority To Prescribe Psychotropic Medications.--
Psychologists who participated in the demonstration pilot training
program regarding the prescription of psychotropic medications shall
not be authorized to prescribe such medications despite the completion
of training under the program.
SEC. 742. WAIVER OF COLLECTION OF PAYMENTS DUE FROM CERTAIN PERSONS
UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Collection.--The administering Secretaries
may waive the collection of payments otherwise due from a person
described in subsection (b) as a result of the receipt by the person of
health benefits under section 1086 of title 10, United States Code,
after the termination of the person's eligibility for such benefits.
(b) Persons Eligible for Waiver.--A person shall be eligible for
relief under subsection (a) if the person--
(1) is a person described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) in the absence of such paragraph, would have been
eligible for health benefits under such section; and
(3) at the time of the receipt of such benefits, satisfied
the criteria specified in subparagraphs (A) and (B) of
paragraph (2) of such subsection.
(c) Extent of Waiver Authority.--The authority to waive the
collection of payments pursuant to this section shall apply with regard
to health benefits provided under section 1086 of title 10, United
States Code, to persons described in subsection (b) during the period
beginning on January 1, 1967, and ending on the later of--
(1) the termination date of any special enrollment period
provided under title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.) specifically for such persons; and
(2) July 1, 1996.
(d) Definitions.--For purposes of this section, the term
``administering Secretaries'' has the meaning given such term in
section 1072(3) of title 10, United States Code.
SEC. 743. NOTIFICATION OF CERTAIN CHAMPUS COVERED BENEFICIARIES OF LOSS
OF CHAMPUS ELIGIBILITY.
Section 1086(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The administering Secretaries shall develop a mechanism by
which persons described in paragraph (1) who satisfy only the criteria
specified in subparagraphs (A) and (B) of paragraph (2), but not
subparagraph (C) of such paragraph, are promptly notified of their
ineligibility for health benefits under this section. The administering
Secretaries shall consult with the Secretary of Health and Human
Services and the Health Care Financing Administration regarding a
method to promptly identify persons requiring notice under this
subsection.''.
SEC. 744. DEMONSTRATION PROGRAM TO TRAIN MILITARY MEDICAL PERSONNEL IN
CIVILIAN SHOCK TRAUMA UNITS.
(a) Demonstration Program.--Not later than April 1, 1996, the
Secretary of Defense shall implement a demonstration program to
evaluate the feasibility of providing shock trauma training for
military medical personnel through the use of civilian hospitals.
Pursuant to an agreement between the Secretary and one or more public
or nonprofit hospitals, the Secretary shall assign military medical
personnel participating in the demonstration program to temporary duty
in shock trauma units operated by the hospitals that are parties to the
agreement. As consideration for the services provided by military
medical personnel under the agreement, the agreement shall require the
hospitals to provide appropriate care to members of the Armed Forces
and to other persons whose care in the hospital would otherwise require
reimbursement by the Secretary. The value of the services provided by
the hospitals shall be at least equal to the value of the services
provided by military medical personnel under the agreement.
(b) Termination of Program.--The authority of the Secretary of
Defense to conduct the demonstration program under this section, and
any agreement entered into under the demonstration program, shall
expire on March 31, 1998.
(c) Report and Evaluation of Program.--(1) Not later than March 1
of each year in which the demonstration program is conducted under this
section, the Secretary of Defense shall submit to Congress a report
describing the scope and activities of the demonstration program during
the preceding year.
(2) Not later than May 1, 1998, the Comptroller General of the
United States shall submit to Congress a report evaluating the
effectiveness of the demonstration program in providing shock trauma
training for military medical personnel.
SEC. 745. STUDY REGARDING DEPARTMENT OF DEFENSE EFFORTS TO DETERMINE
APPROPRIATE FORCE LEVELS OF WARTIME MEDICAL PERSONNEL.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study to evaluate the reasonableness of the models used
by each military department for determining the appropriate wartime
force level for medical personnel in the department. The study shall
include the following:
(1) An assessment of the modeling techniques used by each
department.
(2) An analysis of the data used in the models to identify
medical personnel requirements.
(3) An identification of the ability of the models to
integrate personnel of reserve components to meet department
requirements.
(4) An evaluation of the ability of the Secretary of
Defense to integrate the various modeling efforts into a
comprehensive, coordinated plan for obtaining the optimum force
level for wartime medical personnel.
(b) Report of Study.--Not later than June 30, 1996, the Comptroller
General shall report to Congress on the results of the study conducted
under subsection (a).
SEC. 746. STUDY REGARDING EXPANDED MENTAL HEALTH SERVICES FOR CERTAIN
COVERED BENEFICIARIES.
(a) Study Required.--In connection with the mental health services
already available for covered beneficiaries under chapter 55 of title
10, United States Code, who are children and require residential
treatment, the Secretary of Defense shall conduct a study regarding the
feasibility of expanding such services to include a program of
individualized continued care following completion of the residential
treatment to compliment the residential treatment and prevent
recidivism.
(b) Report of Study.--Not later than March 1, 1996, the Secretary
of Defense shall submit to Congress a report describing the results of
the study conducted under subsection (a).
SEC. 747. REPORT ON IMPROVED ACCESS TO MILITARY HEALTH CARE FOR COVERED
BENEFICIARIES ENTITLED TO MEDICARE.
Not later than March 1, 1996, the Secretary of Defense shall submit
to Congress a report evaluating the feasibility, costs, and
consequences for the military health care system of improving access to
the system for covered beneficiaries under chapter 55 of title 10,
United States Code, who have limited access to military medical
treatment facilities and are ineligible for the Civilian Health and
Medical Program of the Uniformed Services under section 1086(d)(1) of
such title. The alternatives the Secretary shall consider to improve
access for such covered beneficiaries shall include--
(1) whether CHAMPUS should serve as a second payer for
covered beneficiaries who are entitled to hospital insurance
benefits under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.); and
(2) whether such covered beneficiaries should be offered
enrollment in the Federal Employees Health Benefits program
under chapter 89 of title 5, United States Code.
SEC. 748. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR
COVERED BENEFICIARIES ADVERSELY AFFECTED BY CLOSURES OF
MILITARY MEDICAL TREATMENT FACILITIES.
(a) Finding.--Congress finds the following:
(1) Military installations selected for closure in the 1991
and 1993 rounds of the base closure process are approaching
their closing dates.
(2) Additional military installations are being selected
for closure in the 1995 round of the base closure process.
(3) As a result of these base closures, tens of thousands
of covered beneficiaries under chapter 55 of title 10, United
States Code, who reside in the vicinity of affected
installations will be left without immediate access to military
medical treatment facilities.
(b) Sense of Congress.--In light of the findings specified in
subsection (a), it is the sense of Congress that the Secretary of
Defense should take all appropriate steps necessary to ensure the
continuation of medical and pharmaceutical benefits to covered
beneficiaries adversely affected by the closure of military
installations.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Competition
SEC. 801. COMPETITION PROVISIONS.
(a) Conference Before Submission of Bids or Proposals.--(1) Section
2305(a) of title 10, United States Code, is amended by adding at the
end the following paragraph:
``(6) To the extent practicable, for each procurement of property
or services by an agency, the head of the agency shall provide for a
conference on the procurement to be held for anyone interested in
submitting a bid or proposal in response to the solicitation for the
procurement. The purpose of the conference shall be to inform potential
bidders and offerors of the needs of the agency and the qualifications
considered necessary by the agency to compete successfully in the
procurement.''.
(2) Section 303A of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253a) is amended by adding at the end
the following new subsection:
``(f) To the extent practicable, for each procurement of property
or services by an agency, an executive agency shall provide for a
conference on the procurement to be held for anyone interested in
submitting a bid or proposal in response to the solicitation for the
procurement. The purpose of the conference shall be to inform potential
bidders and offerors of the needs of the executive agency and the
qualifications considered necessary by the executive agency to compete
successfully in the procurement.''.
(b) Description of Source Selection Plan in Solicitation.--(1)
Section 2305(a) of title 10, United States Code, is further amended in
paragraph (2)--
(A) by striking out ``and'' after the semicolon at the end
of subparagraph (A);
(B) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) a description, in as much detail as is practicable,
of the source selection plan of the agency, or a notice that
such plan is available upon request.''.
(2) Section 303A of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253a) is further amended in subsection
(b)--
(A) by striking out ``and'' after the semicolon at the end
of paragraph (1);
(B) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) a description, in as much detail as is practicable,
of the source selection plan of the executive agency, or a
notice that such plan is available upon request.''.
(c) Discussions Not Necessary With Every Offeror.--(1) Section
2305(b)(4)(A)(i) of title 10, United States Code, is amended by
inserting before the semicolon the following: ``and provided that
discussions need not be conducted with an offeror merely to permit that
offeror to submit a technically acceptable revised proposal''.
(2) Section 303B(d)(1)(A) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b) is amended by
inserting before the semicolon the following: ``and provided that
discussions need not be conducted with an offeror merely to permit that
offeror to submit a technically acceptable revised proposal''.
(d) Preliminary Assessments of Competitive Proposals.--(1) Section
2305(b)(2) of title 10, United States Code, is amended by adding at the
end the following: ``With respect to competitive proposals, the head of
the agency may make a preliminary assessment of a proposal received,
rather than a complete evaluation of the proposal, and may eliminate
the proposal from further consideration if the head of the agency
determines the proposal has no chance for contract award.''.
(2) Section 303B(b) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253b(b)) is amended by adding at the
end the following: ``With respect to competitive proposals, the head of
the agency may make a preliminary assessment of a proposal received,
rather than a complete evaluation of the proposal, and may eliminate
the proposal from further consideration if the head of the agency
determines the proposal has no chance for contract award.''.
(e) Federal Acquisition Regulation.--The Federal Acquisition
Regulation shall be revised to reflect the amendments made by
subsections (a), (b), (c), and (d).
SEC. 802. PREAWARD DEBRIEFINGS.
(a) Armed Services Acquisitions.--Section 2305(b) of title 10,
United States Code, is amended--
(1) by striking out subparagraph (F) of paragraph (5);
(2) by redesignating paragraph (6) as paragraph (8); and
(3) by inserting after paragraph (5) the following new
paragraphs:
``(6)(A) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range
(or otherwise excludes such an offeror from further
consideration prior to the final source selection decision),
the excluded offeror may request in writing, within three days
after the date on which the excluded offeror receives notice of
its exclusion, a debriefing prior to award. The contracting
officer shall make every effort to debrief the unsuccessful
offeror as soon as practicable and may refuse the request for a
debriefing if it is not in the best interests of the Government
to conduct a debriefing at that time.
``(B) The contracting officer is required to debrief an
excluded offeror in accordance with paragraph (5) of this
section only if that offeror requested and was refused a
preaward debriefing under subparagraph (A) of this paragraph.
``(C) The debriefing conducted under this subsection shall
include--
``(i) the executive agency's evaluation of the
significant elements in the offeror's offer;
``(ii) a summary of the rationale for the offeror's
exclusion; and
``(iii) reasonable responses to relevant questions
posed by the debriefed offeror as to whether source
selection procedures set forth in the solicitation,
applicable regulations, and other applicable
authorities were followed by the executive agency.
``(D) The debriefing conducted pursuant to this subsection
may not disclose the number or identity of other offerors and
shall not disclose information about the content, ranking, or
evaluation of other offerors' proposals.
``(7) The contracting officer shall include a summary of any
debriefing conducted under paragraph (5) or (6) in the contract
file.''.
(b) Civilian Agency Acquisitions.--Section 303B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253b) is
amended--
(1) by striking out paragraph (6) of subsection (e);
(2) by redesignating subsections (f), (g), (h), and (i) as
subsections (h), (i), (j), and (k), respectively; and
(3) by inserting after subsection (e) the following new
subsections:
``(f)(1) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range (or
otherwise excludes such an offeror from further consideration prior to
the final source selection decision), the excluded offeror may request
in writing, within 3 days after the date on which the excluded offeror
receives notice of its exclusion, a debriefing prior to award. The
contracting officer shall make every effort to debrief the unsuccessful
offeror as soon as practicable and may refuse the request for a
debriefing if it is not in the best interests of the Government to
conduct a debriefing at that time.
``(2) The contracting officer is required to debrief an excluded
offeror in accordance with subsection (e) of this section only if that
offeror requested and was refused a preaward debriefing under paragraph
(1) of this subsection.
``(3) The debriefing conducted under this subsection shall
include--
``(A) the executive agency's evaluation of the significant
elements in the offeror's offer;
``(B) a summary of the rationale for the offeror's
exclusion; and
``(C) reasonable responses to relevant questions posed by
the debriefed offeror as to whether source selection procedures
set forth in the solicitation, applicable regulations, and
other applicable authorities were followed by the executive
agency.
``(4) The debriefing conducted pursuant to this subsection may not
disclose the number or identity of other offerors and shall not
disclose information about the content, ranking, or evaluation of other
offerors' proposals.
``(g) The contracting officer shall include a summary of the any
debriefing conducted under subsection (e) or (f) in the contract
file.''.
SEC. 803. CONTRACT TYPES.
(a) Armed Services Acquisitions.--(1) Section 2306 of title 10,
United States Code, is amended--
(A) by inserting before the period at the end of subsection
(a) the following: ``, based on market conditions, established
commercial practice (if any) for the product or service being
acquired, and sound business judgment'';
(B) by striking out subsections (b), (d), (e), (f), and
(h); and
(C) by redesignating subsection (g) as subsection (b).
(2) The heading of such section is amended to read as follows:
``Sec. 2306. Contract types''.
(b) Civilian Agency Acquisitions.--(1) Section 304 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254) is
amended--
(A) by inserting before the period at the end of the first
sentence of subsection (a) the following: ``, based on market
conditions, established commercial practice (if any) for the
product or service being acquired, and sound business
judgment''; and
(B) by striking out ``Every contract award'' in the second
sentence of subsection (a) and all that follows through the end
of the section.
(2) The heading of such section is amended to read as follows:
``SEC. 304. CONTRACT TYPES.''.
(c) Conforming Repeals.--(1) Sections 4540, 7212, and 9540 of title
10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 433 of such
title is amended by striking out the item relating to section 4540.
(3) The table of sections at the beginning of chapter 631 of such
title is amended by striking out the item relating to section 7212.
(4) The table of sections at the beginning of chapter 933 of such
title is amended by striking out the item relating to section 9540.
(d) Civil Works Authority.--(1) Chapter 137 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2332. Contracts for architectural and engineering services and
construction design
``The Secretary of Defense and the Secretaries of the military
departments may enter into contracts for architectural and engineering
services in connection with a military construction or family housing
project or for other Department of Defense or military department
purposes. Such contracts shall be awarded in accordance with the Brooks
Architect-Engineers Act (40 U.S.C. 541 et seq.).''.
(2) The table of sections at the beginning of chapter 137 of such
title is amended by adding at the end the following new item:
``2332. Contracts for architectural and engineering services and
construction design.''.
(3) Section 2855 of such title is repealed. The table of sections
at the beginning of chapter 169 of such title is amended by striking
out the item relating to such section.
Subtitle B--Commercial Items
SEC. 811. COMMERCIAL ITEM EXCEPTION TO REQUIREMENT FOR COST OR PRICING
DATA AND INFORMATION LIMITATIONS.
(a) Armed Services Acquisitions.--(1) Subsections (b), (c), and (d)
of section 2306a of title 10, United States Code, are amended to read
as follows:
``(b) Exceptions.--
``(1) In general.--Submission of cost or pricing data shall
not be required under subsection (a) in the case of a contract,
a subcontract, or modification of a contract or subcontract--
``(A) for which the price agreed upon is based on--
``(i) adequate price competition; or
``(ii) prices set by law or regulation;
``(B) for the acquisition of a commercial item; or
``(C) in an exceptional case when the head of the
procuring activity, without delegation, determines that
the requirements of this section may be waived and
justifies in writing the reasons for such
determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a contract
or subcontract for a commercial item that is not covered by the
exception on the submission of cost or pricing data in
paragraph (1)(A) or (1)(B), submission of cost or pricing data
shall not be required under subsection (a) if--
``(A) the contract or subcontract being modified is
a contract or subcontract for which submission of cost
or pricing data may not be required by reason of
paragraph (1)(A) or (1)(B); and
``(B) the modification would not change the
contract or subcontract, as the case may be, from a
contract or subcontract for the acquisition of a
commercial item to a contract or subcontract for the
acquisition of an item other than a commercial item.
``(c) Authority To Require Cost or Pricing Data on Below-Threshold
Contracts.--(1) Subject to paragraph (2), when certified cost or
pricing data are not required to be submitted by subsection (a) for a
contract, subcontract, or modification of a contract or subcontract,
such data may nevertheless be required to be submitted by the head of
the procuring activity, but only if the head of the procuring activity
determines that such data are necessary for the evaluation by the
agency of the reasonableness of the price of the contract, subcontract,
or modification of a contract or subcontract. In any case in which the
head of the procuring activity requires such data to be submitted under
this subsection, the head of the procuring activity shall justify in
writing the reason for such requirement.
``(2) The head of the procuring activity may not require certified
cost or pricing data to be submitted under this paragraph for any
contract or subcontract, or modification of a contract or subcontract,
covered by the exceptions in subparagraph (A) or (B) of subsection
(b)(1).
``(3) The head of a procuring activity may not delegate functions
under this paragraph.
``(d) Limitations on Other Information.--The Federal Acquisition
Regulation shall include the following:
``(1) Provisions concerning the types of information that
contracting officers may consider in determining whether the
price of a procurement to the Government is fair and reasonable
when certified cost or pricing data are not required to be
submitted under this section, including appropriate information
on the prices at which the same item or similar items have
previously been sold that is adequate for evaluating the
reasonableness of the price of the proposed contract or
subcontract for the procurement.
``(2) Reasonable limitations on requests for sales data
relating to commercial items.
``(3) A requirement that a contracting officer shall, to
the maximum extent practicable, limit the scope of any request
for information relating to commercial items from an offeror to
only that information that is in the form regularly maintained
by the offeror in commercial operations.
``(4) A statement that any information received relating to
commercial items that is exempt from disclosure under section
552(b) of title 5 shall not be disclosed by the Federal
Government.''.
(2) Section 2306a of such title is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection (h).
(3) Section 2375 of title 10, United States Code, is amended by
striking out subsection (c).
(b) Civilian Agency Acquisitions.--(1) Subsections (b), (c) and (d)
of section 304A of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 254b) are amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of cost or pricing data shall
not be required under subsection (a) in the case of a contract,
a subcontract, or a modification of a contract or subcontract--
``(A) for which the price agreed upon is based on--
``(i) adequate price competition; or
``(ii) prices set by law or regulation;
``(B) for the acquisition of a commercial item; or
``(C) in an exceptional case when the head of the
procuring activity, without delegation, determines that
the requirements of this section may be waived and
justifies in writing the reasons for such
determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a contract
or subcontract for a commercial item that is not covered by the
exception on the submission of cost or pricing data in
paragraph (1)(A) or (1)(B), submission of cost or pricing data
shall not be required under subsection (a) if--
``(A) the contract or subcontract being modified is
a contract or subcontract for which submission of cost
or pricing data may not be required by reason of
paragraph (1)(A) or (1)(B); and
``(B) the modification would not change the
contract or subcontract, as the case may be, from a
contract or subcontract for the acquisition of a
commercial item to a contract or subcontract for the
acquisition of an item other than a commercial item.
``(c) Authority To Require Cost or Pricing Data on Below-Threshold
Contracts.--(1) Subject to paragraph (2), when certified cost or
pricing data are not required to be submitted by subsection (a) for a
contract, subcontract, or modification of a contract or subcontract,
such data may nevertheless be required to be submitted by the head of
the procuring activity, but only if the head of the procuring activity
determines that such data are necessary for the evaluation by the
agency of the reasonableness of the price of the contract, subcontract,
or modification of a contract or subcontract. In any case in which the
head of the procuring activity requires such data to be submitted under
this subsection, the head of the procuring activity shall justify in
writing the reason for such requirement.
``(2) The head of the procuring activity may not require certified
cost or pricing data to be submitted under this paragraph for any
contract or subcontract, or modification of a contract or subcontract,
covered by the exceptions in subparagraph (A) or (B) of subsection
(b)(1).
``(3) The head of a procuring activity may not delegate the
functions under this paragraph.
``(d) Limitations on Other Information.--The Federal Acquisition
Regulation shall include the following:
``(1) Provisions concerning the types of information that
contracting officers may consider in determining whether the
price of a procurement to the Government is fair and reasonable
when certified cost or pricing data are not required to be
submitted under this section, including appropriate information
on the prices at which the same item or similar items have
previously been sold that is adequate for evaluating the
reasonableness of the price of the proposed contract or
subcontract for the procurement.
``(2) Reasonable limitations on requests for sales data
relating to commercial items.
``(3) A requirement that a contracting officer shall, to
the maximum extent practicable, limit the scope of any request
for information relating to commercial items from an offeror to
only that information that is in the form regularly maintained
by the offeror in commercial operations.
``(4) A statement that any information received relating to
commercial items that is exempt from disclosure under section
552(b) of title 5 shall not be disclosed by the Federal
Government.''.
(2) Section 304A of such Act is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection (h).
SEC. 812. APPLICATION OF SIMPLIFIED PROCEDURES TO COMMERCIAL ITEMS.
(a) Armed Services Acquisitions.--Section 2304(e) of title 10,
United States Code, as added by section 801(a), is amended--
(1) in paragraph (1), by inserting after ``special
simplified procedures'' the following: ``for purchases of
commercial items and''; and
(2) by adding at the end the following new paragraph:
``(4) The Federal Acquisition Regulation shall provide that, in the
case of a purchase of commercial items in an amount greater than the
simplified acquisition threshold, the head of an agency may not conduct
the purchase on a sole source basis unless the need to do so is
justified in writing and approved in accordance with the Federal
Acquisition Regulation.
(b) Civilian Agency Acquisitions.--Section 303(e) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253), as
added by section 801(b), is amended--
(1) in paragraph (1), by inserting after ``special
simplified procedures'' the following: ``for purchases of
commercial items and''; and
(2) by adding at the end the following new paragraph:
``(5) The Federal Acquisition Regulation shall provide that, in the
case of a purchase of commercial items in an amount greater than the
simplified acquisition threshold, an executive agency may not conduct
the purchase on a sole source basis unless the need to do so is
justified in writing and approved in accordance with the Federal
Acquisition Regulation.''.
(c) Simplified Notice.--Section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) is amended in subsection (a)(5)
(as redesignated by section 801(d))--
(1) by striking out ``limited''; and
(2) by inserting before ``submission'' the following:
``issuance of solicitations and the''.
SEC. 813. AMENDMENT TO DEFINITION OF COMMERCIAL ITEMS.
Section 4(12)(F) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)(F)) is amended by striking out ``catalog''.
SEC. 814. INAPPLICABILITY OF COST ACCOUNTING STANDARDS TO CONTRACTS AND
SUBCONTRACTS FOR COMMERCIAL ITEMS.
Subparagraph (B) of section 26(f)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)(2)) is amended--
(1) by striking out clause (i) and inserting in lieu
thereof the following:
``(i) Contracts or subcontracts for the acquisition of
commercial items.''; and
(2) by striking out clause (iii).
Subtitle C--Additional Reform Provisions
SEC. 821. REPEALS OF CERTAIN PROCUREMENT PROVISIONS.
(a) Post-Employment Restrictions.--Sections 2397, 2397a, 2397b, and
2397c of title 10, United States Code, are repealed.
(b) Limitation on Expenditure of Appropriations.--Section 2207 of
such title is repealed.
(c) Certain Delegation Authority.--Section 2356 of such title is
repealed.
(d) Spare Parts Control.--Section 2383 of such title is repealed.
(e) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 131 of title 10, United States Code, is amended by
striking out the item relating to section 2207.
(2) The table of sections at the beginning of chapter 139 of such
title is amended by striking out the item relating to section 2356.
(3) The table of sections at the beginning of chapter 141 of title
10, United States Code, is amended by striking out the items relating
to sections 2383, 2397, 2397a, 2397b, and 2397c.
SEC. 822. FEES FOR CERTAIN TESTING SERVICES.
Section 2539b(c) of title 10, United States Code, is amended by
inserting ``and indirect'' after ``recoup the direct''.
SEC. 823. TESTING OF DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 2366 to title 10, United States Code, is
amended--
(1) by striking out ``survivability'' each place it appears
(including in the section heading) and inserting in lieu
thereof ``vulnerability''; and
(2) in subsection (b)--
(A) by striking out ``Survivability'' and inserting
in lieu thereof ``Vulnerability''; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Testing should begin at the component, subsystem, and
subassembly level, culminating with tests of the complete system
configured for combat.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 139 of such title is
amended to read as follows:
``2366. Major systems and munitions programs: vulnerability testing and
lethality testing required before full-
scale production.''.
SEC. 824. COORDINATION AND COMMUNICATION OF DEFENSE RESEARCH
ACTIVITIES.
Section 2364 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by striking out ``milestone O,
milestone I, and milestone II'' and inserting in lieu thereof
``acquisition program''; and
(2) in subsection (c), by striking out paragraphs (2), (3),
and (4) and inserting in lieu thereof the following:
``(2) The term `acquisition program decisions' has the
meaning prescribed by the Secretary of Defense in
regulations.''.
SEC. 825. ADDITION OF CERTAIN ITEMS TO DOMESTIC SOURCE LIMITATION.
(a) Limitation.--(1) Paragraph (3) of section 2534(a) of title 10,
United States Code, is amended to read as follows:
``(3) Vessel components for all branches of the armed
forces.--(A) The following components of vessels:
``(i) Air circuit breakers.
``(ii) Vessel propellers with a diameter of six
feet or more, if the propellers incorporate only
castings poured and finished in the United States.
``(iii) Welded shipboard anchor and mooring chain
with a diameter of four inches or less.
``(B) The following components of vessels, to the extent
they are unique to marine applications: cable assemblies, hose
assemblies, hydraulics and pumps for steering, gyrocompasses,
marine autopilots, electronic navigation chart systems,
navigators, attitude and heading reference units, power
supplies, radars, steering controls, pumps, engines, turbines,
reduction gears, motors, refrigeration systems, generators,
propulsion and machinery control systems, and totally enclosed
lifeboards, including associated davits and winches.''.
(2) Section 2534 of such title is amended by adding at the end the
following new subsection:
``(h) Implementation of Marine Vessel Component Limitation.--In
implementing subsection (a)(3)(B), the Secretary of Defense--
``(1) may not use contract clauses or certifications; and
``(2) shall use management and oversight techniques that
achieve the objective of the subsection without imposing a
significant management burden on the Government or the
contractor involved.''.
(b) Extension of Limitation Relating to Ball Bearings and Roller
Bearings.--Section 2534(c)(3) of such title is amended by striking out
``October 1, 1995'' and inserting in lieu thereof ``October 1, 2000''.
(c) Inapplicability of Simplified Acquisition Limitation to
Contracts for Ball Bearings and Roller Bearings.--Section 2534(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``This section''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to contracts for items described
in subsection (a)(5) (relating to ball bearings and roller bearings),
notwithstanding section 33 of the Office of Federal Procurement Policy
Act (41 U.S.C. 429).''.
SEC. 826. REVISIONS TO PROCUREMENT NOTICE PROVISIONS.
Section 18(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 416(a)) is amended--
(1) in subparagraph (B) of paragraph (1)--
(A) by striking out ``subsection (f)--'' and all
that follows through the end of the subparagraph and
inserting in lieu thereof ``subsection (b); and''; and
(B) by inserting after ``property or services'' the
following: ``for a price expected to exceed $10,000 but
not to exceed $25,000'';
(2) by striking out paragraph (4); and
(3) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
SEC. 827. ENCOURAGEMENT OF USE OF LEASING AUTHORITY.
(a) In General.--(1) Chapter 137 of title 10, United States Code,
is amended by inserting after section 2316 the following new section:
``Sec. 2317. Equipment leasing
``The Secretary of Defense shall authorize and encourage the use of
leasing in the acquisition of equipment whenever such leasing is
practicable and otherwise authorized by law.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2317. Equipment leasing.''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
setting forth changes in legislation that would be required in order to
facilitate the use of leases by the Department of Defense in the
acquisition of equipment.
SEC. 828. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.
(a) Government Reliance on the Private Sector.--The Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by
inserting after section 16 the following new section:
``SEC. 17. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.
``It is the policy of the Federal Government to rely on the private
sector to supply the products and services the Federal Government
needs.''.
(b) Clerical Amendment.--The table of contents for the Office of
Federal Procurement Policy Act (contained in section 1(b)) is amended
by inserting after the item relating to section 16 the following new
item:
``Sec. 17. Government reliance on the private sector.''.
SEC. 829. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENTS.
(a) Elimination of Certain Statutory Certification Requirements.--
(1)(A) Section 2410 of title 10, United States Code, is amended--
(i) in the heading, by striking out ``: certification'';
and
(ii) in subsection (a)--
(I) in the heading, by striking out
``Certification'';
(II) by striking out ``unless'' and all that
follows through ``that--'' and inserting in lieu
thereof ``unless--''; and
(III) in paragraph (2), by striking out ``to the
best of that person's knowledge and belief''.
(B) The item relating to section 2410 in the table of sections at
the beginning of chapter 141 of such title is amended to read as
follows:
``Sec. 2410. Requests for equitable adjustment or other relief.''.
(2) Section 2410b of title 10, United States Code, is amended in
paragraph (2) by striking out ``certification and''.
(3) Section 1352(b)(2) of title 31, United States Code, is
amended--
(A) by striking out subparagraph (C); and
(B) by inserting ``and'' after the semicolon at the end of
subparagraph (A).
(4) Section 5152 of the Drug-Free Workplace Act of 1988 (41 U.S.C.
701) is amended--
(A) in subsection (a)(1), by striking out ``has certified
to the contracting agency that it will'' and inserting in lieu
thereof ``agrees to'';
(B) in subsection (a)(2), by striking out ``contract
includes a certification by the individual'' and inserting in
lieu thereof ``individual agrees''; and
(C) in subsection (b)(1)--
(i) by striking out subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A) and in that subparagraph by striking
out ``such certification by failing to carry out''; and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(b) Elimination of Certain Regulatory Certification Requirements.--
(1) Current certification requirements.--Not later than 210
days after the date of the enactment of this Act, any
certification required of contractors or offerors by the
Federal Acquisition Regulation or an executive agency
procurement regulation that is not specifically imposed by
statute shall be removed by the Administrator for Federal
Procurement Policy from the Federal Acquisition Regulation or
such agency regulation unless--
(A) written justification for such certification is
provided to the Administrator (i) by the Federal
Acquisition Regulatory Council (in the case of a
certification in the Federal Acquisition Regulation),
or (ii) by the head of an executive agency (in the case
of a certification in an executive agency procurement
regulation); and
(B) the Administrator approves in writing the
retention of such certification.
(2) Future certification requirements.--(A) Section 29 of
the Office of Federal Procurement Policy Act (41 U.S.C. 425) is
amended--
(i) by amending the heading to read as follows:
``SEC. 22. CONTRACT CLAUSES AND CERTIFICATIONS.'';
(ii) by inserting ``(a) Nonstandard Contract
Clauses.--'' before ``The Federal Acquisition''; and
(iii) by adding at the end the following new
subsection:
``(b) Prohibition on Certification Requirements.--A requirement for
a certification by a contractor or offeror may not be included in the
Federal Acquisition Regulation or an executive agency procurement
regulation unless--
``(1) the certification is specifically imposed by statute;
or
``(2) written justification for such certification is
provided to the Administrator for Federal Procurement Policy
(A) by the Federal Acquisition Regulatory Council (in the case
of a certification in the Federal Acquisition Regulation), or
(B) the head of an executive agency (in the case of a
certification in an executive agency procurement regulation),
and the Administrator approves in writing the inclusion of such
certification.''.
(B) The item relating to section 29 in the table of contents for
the Office of Federal Procurement Policy Act (contained in section
1(b)) (41 U.S.C. 401 note) is amended to read as follows:
``Sec. 29. Contract clauses and certifications.''.
SEC. 830. AMENDMENT TO COMMENCEMENT AND EXPIRATION OF AUTHORITY TO
CONDUCT CERTAIN TESTS OF PROCUREMENT PROCEDURES.
Subsection (j) of section 5061 of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 413 note) is amended to read as
follows:
``(j) Commencement and Expiration of Authority.--The authority to
conduct a test under subsection (a) in an agency and to award contracts
under such a test shall take effect on August 1, 1995, and shall expire
on August 1, 2000. Contracts entered into before such authority expires
in an agency pursuant to a test shall remain in effect, notwithstanding
the expiration of the authority to conduct the test under this
section.''.
SEC. 831. PROCUREMENT INTEGRITY.
(a) Amendment of Procurement Integrity Provision.--Section 27 of
the Office of Federal Procurement Policy Act (41 U.S.C. 423) is amended
to read as follows:
``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR
PROPOSAL INFORMATION OR SOURCE SELECTION INFORMATION.
``(a) Prohibition on Disclosing Procurement Information.--(1) A
person described in paragraph (2) shall not, other than as provided by
law, knowingly disclose contractor bid or proposal information or
source selection information before the award of a Federal agency
procurement contract to which the information relates.
``(2) Paragraph (1) applies to any person who--
``(A) is a present or former officer or employee of the
United States, or a person who is acting or has acted for or on
behalf of, or who is advising or has advised the United States
with respect to, a Federal agency procurement; and
``(B) by virtue of that office, employment, or relationship
has or had access to contractor bid or proposal information or
source selection information.
``(b) Prohibition on Obtaining Procurement Information.--A person
shall not, other than as provided by law, knowingly obtain contractor
bid or proposal information or source selection information before the
award of a Federal agency procurement contract to which the information
relates.
``(c) Prohibition on Disclosing or Obtaining Procurement
Information in Connection With a Protest.--(1) A person shall not,
other than as provided by law, knowingly violate the terms of a
protective order described in paragraph (2) by disclosing or obtaining
contractor bid or proposal information or source selection information
related to the procurement contract concerned.
``(2) Paragraph (1) applies to any protective order issued by the
the United States Board of Contract Appeals in connection with a
protest against the award or proposed award of a Federal agency
procurement contract.
``(d) Penalties and Administrative Actions.--
``(1) Criminal penalties.--
``(A) Whoever engages in conduct constituting an
offense under subsection (a), (b), or (c) shall be
imprisoned for not more than one year or fined as
provided under title 18, United States Code, or both.
``(B) Whoever engages in conduct constituting an
offense under subsection (a), (b), or (c) for the
purpose of either--
``(i) exchanging the information covered by
such subsection for anything of value, or
``(ii) obtaining or giving anyone a
competitive advantage in the award of a Federal
agency procurement contract,
shall be imprisoned for not more than 15 years or fined
as provided under title 18, United States Code, or
both.
``(2) Civil penalties.--The Attorney General may bring a
civil action in the appropriate United States district court
against any person who engages in conduct constituting an
offense under subsection (a), (b), or (c). Upon proof of such
conduct by a preponderance of the evidence, the person is
subject to a civil penalty. An individual who engages in such
conduct is subject to a civil penalty of not more than $50,000
for each violation plus twice the amount of compensation which
the individual received or offered for the prohibited conduct.
An organization that engages in such conduct is subject to a
civil penalty of not more than $500,000 for each violation plus
twice the amount of compensation which the organization
received or offered for the prohibited conduct.
``(3) Administrative actions.--(A) If a Federal agency
receives information that a contractor or a person has engaged
in conduct constituting an offense under subsection (a), (b),
or (c), the Federal agency shall consider taking one or more of
the following actions, as appropriate:
``(i) Cancellation of the Federal agency
procurement, if a contract has not yet been awarded.
``(ii) Rescission of a contract with respect to
which--
``(I) the contractor or someone acting for
the contractor has been convicted for an
offense under subsection (a), (b), or (c), or
``(II) the head of the agency that awarded
the contract has determined, based upon a
preponderance of the evidence, that the
contractor or someone acting for the contractor
has engaged in conduct constituting such an
offense.
``(iii) Initiation of suspension or debarment
proceedings for the protection of the Government in
accordance with procedures in the Federal Acquisition
Regulation.
``(iv) Initiation of adverse personnel action,
pursuant to the procedures in chapter 75 of title 5,
United States Code, or other applicable law or
regulation.
``(B) If a Federal agency rescinds a contract pursuant to
subparagraph (A)(ii), the United States is entitled to recover,
in addition to any penalty prescribed by law, the amount
expended under the contract.
``(C) For purposes of any suspension or debarment
proceedings initiated pursuant to subparagraph (A)(iii),
engaging in conduct constituting an offense under subsection
(a), (b), or (c) affects the present responsibility of a
Government contractor or subcontractor.
``(e) Definitions.--As used in this section:
``(1) The term `contractor bid or proposal information'
means any of the following information submitted to a Federal
agency as part of or in connection with a bid or proposal to
enter into a Federal agency procurement contract, if that
information has not been previously made available to the
public or disclosed publicly:
``(A) Cost or pricing data (as defined by section
2306a(h) of title 10, United States Code, with respect
to procurements subject to that section, and section
304A(h) of Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 254b(h), with respect to
procurements subject to that section).
``(B) Indirect costs and direct labor rates.
``(C) Proprietary information about manufacturing
processes, operations, or techniques marked by the
contractor in accordance with applicable law or
regulation.
``(D) Information marked by the contractor as
`contractor bid or proposal information', in accordance
with applicable law or regulation.
``(2) The term `source selection information' means any of
the following information prepared for use by a Federal agency
for the purpose of evaluating a bid or proposal to enter into a
Federal agency procurement contract, if that information has
not been previously made available to the public or disclosed
publicly:
``(A) Bid prices submitted in response to a Federal
agency solicitation for sealed bids, or lists of those
bid prices before public bid opening.
``(B) Proposed costs or prices submitted in
response to a Federal agency solicitation, or lists of
those proposed costs or prices.
``(C) Source selection plans.
``(D) Technical evaluation plans.
``(E) Technical evaluations of proposals.
``(F) Cost or price evaluations of proposals.
``(G) Competitive range determinations that
identify proposals that have a reasonable chance of
being selected for award of a contract.
``(H) Rankings of bids, proposals, or competitors.
``(I) The reports and evaluations of source
selection panels, boards, or advisory councils.
``(J) Other information marked as `source selection
information' based on a case-by-case determination by
the head of the agency, his designee, or the
contracting officer that its disclosure would
jeopardize the integrity or successful completion of
the Federal agency procurement to which the information
relates.
``(3) The term `Federal agency' has the meaning provided
such term in section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
``(4) The term `Federal agency procurement' means the
acquisition (by using competitive procedures and awarding a
contract) of goods or services (including construction) from
non-Federal sources by a Federal agency using appropriated
funds.
``(5) The term `contracting officer' means a person who, by
appointment in accordance with applicable regulations, has the
authority to enter into a Federal agency procurement contract
on behalf of the Government and to make determinations and
findings with respect to such a contract.
``(6) The term `protest' means a written objection by an
interested party to the award or proposed award of a Federal
agency procurement contract, pursuant to title IV of the
Federal Acquisition Reform Act of 1995.
``(f) Limitation on Protests.--No person may file a protest against
the award or proposed award of a Federal agency procurement contract
alleging an offense under subsection (a), (b), or (c), of this section,
nor may the United States Board of Contract Appeals consider such an
allegation in deciding a protest, unless that person reported to the
Federal agency responsible for the procurement information that the
person believed constituted evidence of the offense no later than 14
days after the person first discovered the possible offense.
``(g) Savings Provisions.--This section does not--
``(1) restrict the disclosure of information to, or its
receipt by, any person or class of persons authorized, in
accordance with applicable agency regulations or procedures, to
receive that information;
``(2) restrict a contractor from disclosing its own bid or
proposal information or the recipient from receiving that
information;
``(3) restrict the disclosure or receipt of information
relating to a Federal agency procurement after it has been
canceled by the Federal agency before contract award unless the
Federal agency plans to resume the procurement;
``(4) prohibit individual meetings between a Federal agency
employee and an offeror or potential offeror for, or a
recipient of, a contract or subcontract under a Federal agency
procurement, provided that unauthorized disclosure or receipt
of contractor bid or proposal information or source selection
information does not occur;
``(5) authorize the withholding of information from, nor
restrict its receipt by, Congress, a committee or subcommittee
of Congress, the Comptroller General, a Federal agency, or an
inspector general of a Federal agency;
``(6) authorize the withholding of information from, nor
restrict its receipt by, any board of contract appeals of a
Federal agency or the Comptroller General in the course of a
protest against the award or proposed award of a Federal agency
procurement contract; or
``(7) limit the applicability of any requirements,
sanctions, contract penalties, and remedies established under
any other law or regulation.''.
(b) Repeals.--The following provisions of law are repealed:
(1) Sections 2397, 2397a, 2397b, and 2397c of title 10,
United States Code.
(2) Section 33 of the Federal Energy Administration Act of
1974 (15 U.S.C. 789).
(3) Section 281 of title 18, United States Code.
(4) Subsection (c) of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428).
(5) The first section 19 of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5918).
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 141
of title 10, United States Code, is amended by striking out the
items relating to sections 2397, 2397a, 2397b, and 2397c.
(2) The table of sections at the beginning of chapter 15 of
title 18, United States Code, is amended by striking out the
item relating to section 281.
(3) Section 32 of the Office of Federal Procurement Policy
Act (41 U.S.C. 428) is amended by redesignating subsections
(d), (e), (f), and (g) as subsections (c), (d), (e), and (f),
respectively.
SEC. 832. FURTHER ACQUISITION STREAMLINING PROVISIONS.
(a) Purpose of Office of Federal Procurement Policy.--(1) Section
5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404) is
amended to read as follows:
``(a) To promote economy, efficiency, and effectiveness in the
procurement of property and services by the executive branch of the
Federal Government, there shall be an Office of Federal Procurement
Policy (hereinafter referred to as the `Office') in the Office of
Management and Budget to provide overall direction of Government-wide
procurement policies, regulations, procedures, and forms for executive
agencies.''.
(2) Sections 2 and 3 of such Act (41 U.S.C. 401 and 402) are
repealed.
(b) Repeal of Report Requirement.--Section 8 of the Office of
Federal Procurement Policy Act (41 U.S.C. 407) is repealed.
(c) Repeal of Obsolete Provisions.--(1) Sections 10 and 11 of the
Office of Federal Procurement Policy Act (41 U.S.C. 409 and 410) are
repealed.
(d) Clerical Amendments.--The table of contents for the Office of
Federal Procurement Policy Act (contained in section 1(b)) is amended
by striking out the items relating to sections 2, 3, 8, 10, and 11.
SEC. 833. JUSTIFICATION OF MAJOR DEFENSE ACQUISITION PROGRAMS NOT
MEETING GOALS.
Section 2220(b) of title 10, United States Code, is amended by
adding at the end the following: ``In addition, the Secretary shall
include in such annual report a justification for the continuation of
any program that--
``(1) is more than 50 percent over the cost goal
established for the development, procurement, or operational
phase of the program;
``(2) fails to achieve at least 50 percent of the
performance capability goals established for the development,
procurement, or operational phase of the program; or
``(3) is more than 50 percent behind schedule, as
determined in accordance with the schedule goal established for
the development, procurement, or operational phase of the
program.''.
SEC. 834. ENHANCED PERFORMANCE INCENTIVES FOR ACQUISITION WORKFORCE.
(a) Armed Services Acquisitions.--Subsection (b) of section 5001 of
the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355;
108 Stat. 3350; 10 U.S.C. 2220 note) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by designating the second sentence as paragraph (2);
(3) by inserting ``(1)'' after ``(b) Enhanced System of
Performance Incentives.--''; and
(4) by adding at the end the following:
``(3) The Secretary shall include in the enhanced system of
incentives the following:
``(A) Pay bands.
``(B) Significant and material pay and promotion incentives
to be awarded, and significant and material unfavorable
personnel actions to be imposed, under the system exclusively,
or primarily, on the basis of the contributions of personnel to
the performance of the acquisition program in relation to cost
goals, performance goals, and schedule goals.
``(C) Provisions for pay incentives and promotion
incentives to be awarded under the system.''.
(b) Civilian Agency Acquisitions.--Subsection (c) of section 5051
of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355; 108 Stat. 3351; 41 U.S.C. 263 note) is amended--
(1) by redesignating subparagraphs (A) and (B) of paragraph
(2) as clauses (i) and (ii); respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(1)'' after ``(c) Enhanced System of
Performance Incentives.--''; and
(4) by adding at the end the following:
``(2) The Deputy Director shall include in the enhanced system of
incentives under paragraph (1)(B) the following:
``(A) Pay bands.
``(B) Significant and material pay and promotion incentives
to be awarded, and significant and material unfavorable
personnel actions to be imposed, under the system exclusively,
or primarily, on the basis of the contributions of personnel to
the performance of the acquisition program in relation to cost
goals, performance goals, and schedule goals.
``(C) Provisions for pay incentives and promotion
incentives to be awarded under the system.''.
SEC. 835. RESULTS ORIENTED ACQUISITION PROGRAM CYCLE.
Section 5002(a) of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3350) is amended--
(1) by inserting ``(1)'' before ``to ensure''; and
(2) by striking out the period at the end and inserting in lieu
thereof the following: ``; (2) to ensure that the regulations compress
the time periods associated with developing, procuring, and making
operational new systems; and (3) to ensure that Department of Defense
directives relating to development and procurement of information
systems (numbered in the 8000 series) and the Department of Defense
directives numbered in the 5000 series are consolidated into one series
of directives that is consistent with such compressed time periods.''.
SEC. 836. RAPID CONTRACTING GOAL.
(a) Goal.--The Office of Federal Procurement Policy Act is amended
by adding at the end the following new section:
``SEC. 35. RAPID CONTRACTING GOAL.
The Administrator for Federal Procurement Policy shall establish a
goal of reducing by 50 percent the time necessary for executive
agencies to acquire an item for the user of that item.''.
(b) Clerical Amendment.--The table of contents for such Act,
contained in section 1(b), is amended by adding at the end the
following new item:
``Sec. 35. Rapid contracting goal.''.
SEC. 837. ENCOURAGEMENT OF MULTIYEAR CONTRACTING.
(a) Armed Services Acquisitions.--Section 2306b(a) of title 10,
United States Code, is amended in the matter preceding paragraph (1) by
striking out ``may'' and inserting in lieu thereof ``shall, to the
maximum extent possible,''.
(b) Civilian Agency Acquisitions.--Section 304B(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254c(a)) is
amended in the matter preceding paragraph (1) by striking out ``may''
and inserting in lieu thereof ``shall, to the maximum extent
possible,''.
SEC. 838. CONTRACTOR SHARE OF GAINS AND LOSSES FROM COST, SCHEDULE, AND
PERFORMANCE EXPERIENCE.
(a) Armed Services Acquisitions.--(1) Chapter 137 of title 10,
United States Code, is amended by inserting after section 2306b the
following new section:
``Sec. 2306c. Contractor share of gains and losses from cost, schedule,
and performance experience
``The Federal Acquisition Regulation shall contain provisions to
ensure that, for any cost-type contract or incentive-type contract, the
contractor may be rewarded for contract performance exceeding the
contract cost, schedule, or performance parameters to the benefit of
the United States and may be penalized for failing to adhere to cost,
schedule, or performance parameters to the detriment of the United
States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2306b the
following new item:
``2306c. Contractor share of gains and losses from cost, schedule, and
performance experience.''.
(b) Civilian Agency Acquisitions.--(1) Title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.) is amended by inserting after section 304C the following new
section:
``SEC. 304D. CONTRACTOR SHARE OF GAINS AND LOSSES FROM COST, SCHEDULE,
AND PERFORMANCE EXPERIENCE.
``The Federal Acquisition Regulation shall contain provisions to
ensure that, for any cost-type contract or incentive-type contract, the
contractor may be rewarded for contract performance exceeding the
contract cost, schedule, or performance parameters to the benefit of
the United States and may be penalized for failing to adhere to cost,
schedule, or performance parameters to the detriment of the United
States.''.
(2) The table of contents for such Act, contained in section 1(b),
is amended by inserting after the item relating to section 304C the
following new item:
``Sec. 304D. Contractor share of gains and losses from cost, schedule,
and performance experience.''.
SEC. 839. PHASE FUNDING OF DEFENSE ACQUISITION PROGRAMS.
Chapter 131 of title 10, United States Code, is amended by adding
at the end the following new section:
``Sec. 2221. Funding for results oriented acquisition program cycle
``Before initial funding is made available for the development,
procurement, or operational phase of an acquisition program for which
an authorization of appropriations is required by section 114 of this
title, the Secretary of Defense shall submit to Congress information
about the objectives and plans for the conduct of that phase and the
funding requirements for the entire phase. The information shall
identify the intended user of the system to be acquired under the
program and shall include objective, quantifiable criteria for
assessing the extent to which the objectives and goals determined
pursuant to section 2435 of this title are achieved.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2221. Funding for results oriented acquisition program cycle.''.
SEC. 840. IMPROVED DEPARTMENT OF DEFENSE CONTRACT PAYMENT PROCEDURES.
(a) Review and Improvement of Procedures.--The Comptroller General
of the United States shall review commercial practices regarding
accounts payable and, considering the results of the review, develop
standards for the Secretary of Defense to consider using for improving
the contract payment procedures and financial management systems of the
Department of Defense.
(b) GAO Report.--Not later than September 30, 1996, the Comptroller
General shall submit to Congress a report containing the following
matters:
(1) The weaknesses in the financial management processes of
the Department of Defense.
(2) Deviations of the Department of Defense payment
procedures and financial management systems from the standards
developed pursuant to subsection (a), expressed quantitatively.
(3) The officials of the Department of Defense who are
responsible for resolving the deviations.
SEC. 841. CONSIDERATION OF PAST PERFORMANCE IN ASSIGNMENT TO
ACQUISITION POSITIONS.
(a) Requirement.--Section 1701(a) of title 10, United States Code,
is amended by adding at the end the following: ``The policies and
procedures shall provide that education and training in acquisition
matters, and past performance of acquisition responsibilities, are
major factors in the selection of personnel for assignment to
acquisition positions in the Department of Defense.''.
(b) Performance Requirements for Assignment.--(1) Section 1723(a)
of title 10, United States Code, is amended by inserting ``, including
requirements relating to demonstrated past performance of acquisition
duties,'' in the first sentence after ``experience requirements''.
(2) Section 1724(a)(2) of such title is amended by inserting before
the semicolon at the end the following: ``and have demonstrated
proficiency in the performance of acquisition duties in the contracting
position or positions previously held''.
(3) Section 1735 of such title is amended--
(A) in subsection (b)--
(i) by striking out ``and'' at the end of paragraph
(2);
(ii) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ``; and'';
and
(iii) by adding at the end the following:
``(4) must have demonstrated proficiency in the performance
of acquisition duties.'';
(B) in subsection (c)--
(i) by striking out ``and'' at the end of paragraph
(2);
(ii) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ``; and'';
and
(iii) by adding at the end the following:
``(4) must have demonstrated proficiency in the performance
of acquisition duties.'';
(C) in subsection (d), by inserting before the period at
the end the following: ``, and have demonstrated proficiency in
the performance of acquisition duties''; and
(D) in subsection (e), by inserting before the period at
the end the following: ``, and have demonstrated proficiency in
the performance of acquisition duties''.
SEC. 842. VALUE ENGINEERING FOR FEDERAL AGENCIES.
(a) Use of Value Engineering.--The Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.), as amended by section 837, is
further amended by adding at the end the following new section:
``SEC. 37. VALUE ENGINEERING.
``(a) In General.--Each executive agency shall establish and
maintain effective value engineering procedures and processes.
``(b) Threshold.--The procedures and processes established pursuant
to subsection (a) shall be applied to those programs, projects,
systems, and products of an executive agency that, in a ranking of all
programs, projects, systems, and products of the agency according to
greatest dollar value, are within the highest 20th percentile.
``(c) Definition.--As used in this section, the term `value
engineering' means a team effort, performed by qualified agency or
contractor personnel, directed at analyzing the functions of a program,
project, system, product, item of equipment, building, facility,
service, or supply for the purpose of achieving the essential functions
at the lowest life-cycle cost that is consistent with required or
improved performance, reliability, quality, and safety.''.
(b) Clerical Amendment.--The table of contents for such Act,
contained in section 1(b), is amended by adding at the end the
following new item:
``Sec. 37. Value engineering.''.
SEC. 843. ACQUISITION WORKFORCE.
(a) Acquisition Workforce.--(1) The Office of Federal Procurement
Policy Act (41 U.S.C. 401 et seq.), as amended by section 843, is
further amended by adding at the end the following new section:
``SEC. 38. ACQUISITION WORKFORCE.
``(a) Applicability.--This section does not apply to an executive
agency that is subject to chapter 87 of title 10, United States Code.
``(b) Management Policies.--
``(1) Policies and procedures.--The head of each executive
agency, after consultation with the Administrator for Federal
Procurement Policy, shall establish policies and procedures for
the effective management (including accession, education,
training, career development, and performance incentives) of
the acquisition workforce of the agency. The development of
acquisition workforce policies under this section shall be
carried out consistent with the merit system principles set
forth in paragraphs (1) and (2) of section 2301(b) of title 5,
United States Code.
``(2) Uniform implementation.--The head of each executive
agency shall ensure that, to the maximum extent practicable,
acquisition workforce policies and procedures established are
uniform in their implementation throughout the agency.
``(3) Governmentwide policies and evaluation.--The
Administrator shall issue policies to promote uniform
implementation of this section by executive agencies, with due
regard for differences in program requirements among agencies
that may be appropriate and warranted in view of the agency
mission. The Administrator shall coordinate with the Deputy
Director for Management of the Office of Management and Budget
to ensure that such policies are consistent with the policies
and procedures established and enhanced system of incentives
provided pursuant to section 5051(c) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 263 note). The
Administrator shall evaluate the implementation of the
provisions of this section by executive agencies.
``(c) Senior Procurement Executive Authorities and
Responsibilities.--Subject to the authority, direction, and control of
the head of an executive agency, the senior procurement executive of
the agency shall carry out all powers, functions, and duties of the
head of the agency with respect to implementation of this section. The
senior procurement executive shall ensure that the policies of the head
of the executive agency established in accordance with this section are
implemented throughout the agency.
``(d) Management Information Systems.--The Administrator shall
ensure that the heads of executive agencies collect and maintain
standardized information on the acquisition workforce related to
implementation of this section. To the maximum extent practicable, such
data requirements shall conform to standards established by the Office
of Personnel Management for the Central Personnel Data File.
``(e) Acquisition Workforce.--The programs established by this
section shall apply to all employees in the General Schedule
Contracting series (GS-1102) and the General Schedule Purchasing series
(GS-1105), and to any employees regardless of series who have been
appointed as contracting officers whose authority exceeds the micro-
purchase threshold, as that term is defined in section 32(g). The head
of each executive agency may include employees in other series who
perform acquisition or acquisition-related functions.
``(f) Career Development.--
``(1) Career paths.--The head of each executive agency
shall ensure that appropriate career paths for personnel who
desire to pursue careers in acquisition are identified in terms
of the education, training, experience, and assignments
necessary for career progression to the most senior acquisition
positions. The head of each executive agency shall make
information available on such career paths.
``(2) Critical duties and tasks.--For each career path, the
head of each executive agency shall identify the critical
acquisition-related duties and tasks in which, at minimum,
employees of the agency in the career path shall be competent
to perform at full performance grade levels. For this purpose,
the head of the executive agency shall provide appropriate
coverage of the critical duties and tasks identified by the
Director of the Federal Acquisition Institute.
``(3) Mandatory training and education.--For each career
path, the head of each executive agency shall establish
requirements for the completion of course work and related on-
the-job training in the critical acquisition-related duties and
tasks of the career path. The head of each executive agency
shall also encourage employees to maintain the currency of
their acquisition knowledge and generally enhance their
knowledge of related acquisition management disciplines through
academic programs and other self-developmental activities.
``(4) Performance incentives.--The head of each executive
agency, acting through the senior procurement executive for the
agency, shall provide for an enhanced system of incentives for
the encouragement of excellence in the acquisition workforce
which rewards performance of employees that contribute to
achieving the agency's performance goals. The system of
incentives shall include provisions that--
``(A) relate pay to performance;
``(B) provide for consideration, in personnel
evaluations and promotion decisions, of the extent to
which the performance of personnel contributed to
achieving the agency's performance goals; and
``(C) provide pay and promotion incentives to be
awarded, and unfavorable personnel actions to be
imposed, under the system on the basis of the
contributions of personnel to achieving the agency's
performance goals.
``(g) Qualification Requirements.--
``(1) General schedule contracting series (gs-1102).--
``(A) Entry level qualifications.--The Director of
the Office of Personnel Management shall require that,
after October 1, 1996, a person may not be appointed to
a position in the GS-1102 occupational series unless
the person--
``(i) has received a baccalaureate degree
from an accredited educational institution
authorized to grant baccalaureate degrees,
``(ii) has completed at least 24 semester
credit hours (or the equivalent) of study from
an accredited institution of higher education
in any of the following disciplines:
accounting, business finance, law, contracts,
purchasing, economics, industrial management,
marketing, quantitative methods, or
organization and management, or
``(iii) has passed a written test
determined by the Administrator for Federal
Procurement Policy, after consultation with the
Director of the Office of Personnel Management,
to demonstrate the judgmental skills necessary
for positions in this series.
``(B) Qualifications for senior contracting
positions.--The Director of the Office of Personnel
Management shall require that, after October 1, 1996,
persons may be appointed to positions at and above full
performance grade levels in the GS-1102 occupational
series only if those persons--
``(i) have satisfied the educational
requirement either of subsection (g)(1)(A)(i)
or subsection (g)(1)(A)(ii),
``(ii) have successfully completed all
training required for the position under
subsection (f)(3), and
``(iii) have satisfied experience and other
requirements established by the Director for
such positions.
However, this requirement shall apply to persons
employed on October 1, 1996, in GS-1102 positions at
those grade levels only as a prerequisite for promotion
to a GS-1102 position at a higher grade.
``(2) General schedule purchasing series (gs-1105).--The
Director of the Office of Personnel Management shall require
that, after October 1, 1996, a person may not be appointed to a
position in the GS-1105 occupational series unless the person--
``(A) has successfully completed 2 years of course
work from an accredited educational institution
authorized to grant degrees, or
``(B) has passed a written test determined by the
Administrator for Federal Procurement Policy, after
consultation with the Director of the Office of
Personnel Management, to demonstrate the judgmental
skills necessary for positions in this series.
``(3) Contracting officers.--The head of each executive
agency shall require that, beginning after October 1, 1996, a
person may be appointed as a contracting officer with authority
to award or administer contracts for amounts above the micro-
purchase threshold, as that term is defined in section 32(g),
only if the person--
``(A) has successfully completed all mandatory
training required of an employee in an equivalent GS-
1102 or 1105 position under subsection (f)(3); and
``(B) meets experience and other requirements
established by the head of the agency, based on the
dollar value and complexity of the contracts that the
employee will be authorized to award or administer
under the appointment as a contracting officer.
``(4) Exceptions.--(A) The requirements set forth in
subsection (g)(1) and (2), as applicable, shall not apply to
any person employed in the GS-1101 or GS-1105 series on October
1, 1996.
``(B) Employees of an executive agency who do not satisfy
the full qualification requirements for appointment as a
contracting officer under subsection (g)(3) may be appointed as
a contracting officer for a temporary period of time under
procedures established by the agency head. The procedures
shall--
``(i) require that the person have completed a
significant portion of the required training,
``(ii) require a plan be established for the
balance of the required training,
``(iii) specify a period of time for completion of
the training, and
``(iv) include provisions for withdrawing or
terminating the appointment prior to the scheduled
expiration date, where appropriate.
``(5) Waiver.--The senior procurement executive for an
executive agency may waive any or all of the qualification
requirements of subsections (g)(1) and (2) for a person if the
person possesses significant potential for advancement to
levels of greater responsibility and authority, based on
demonstrated job performance and qualifying experience. This
authority may not be redelegated by the senior procurement
executive. With respect to each waiver granted under this
subsection, the senior procurement executive shall set forth in
writing the rationale for the decision to waive such
requirements.
``(h) Program Establishment and Implementation.--
``(1) Funding levels.--(A) The head of an executive agency
shall request in the budget for a fiscal year for the agency--
``(i) for education and training under this
section, an amount equal to no less than 2.5 percent of
the base aggregate salary cost of the acquisition
workforce subject to this section for that fiscal year;
and
``(ii) for salaries of the acquisition workforce,
an amount equal to no more than 97.5 percent of such
base aggregate salary cost.
``(B) The head of the executive agency shall set forth
separately the funding levels requested in the budget
justification documents submitted in support of the President's
budget submitted to Congress under section 1105 of title 31,
United States Code.
``(C) Funds appropriated for education and training under
this section may not be obligated or used for any other
purpose.
``(2) Interagency agreements.--The head of an executive
agency may enter into a written agreement with another agency
to participate in programs established under this section on a
reimbursable basis.
``(3) Tuition assistance.--Notwithstanding the prohibition
in section 4107(b) of title 5, United States Code, the head of
each executive agency may provide for tuition reimbursement and
education (including a full-time course of study leading to a
degree) for acquisition personnel in the agency related to the
purposes of this section.
``(4) Intern programs.--The head of each executive agency
may establish intern programs in order to recruit highly
qualified and talented individuals and provide them with
opportunities for accelerated promotions, career broadening
assignments, and specified training for advancement to senior
acquisition positions. For such programs, the head of an
executive agency, without regard to the provisions of title 5,
United States Code, may appoint individuals to competitive GS-
5, GS-7, or GS-9 positions in the General Schedule Contracting
series (GS-1102) who have graduated from baccalaureate or
master's programs in purchasing or contracting from accredited
educational institutions authorized to grant baccalaureate and
master's degrees.
``(5) Cooperative education program.--The head of each
executive agency may establish an agencywide cooperative
education credit program for acquisition positions. Under the
program, the head of the executive agency may enter into
cooperative arrangements with one or more accredited
institutions of higher education which provide for such
institutions to grant undergraduate credit for work performed
in such position.
``(6) Scholarship program.--
``(A) Establishment.--Where deemed appropriate, the
head of each executive agency may establish a
scholarship program for the purpose of qualifying
individuals for acquisition positions in the agency.
``(B) Eligibility.--To be eligible to participate
in a scholarship program established under this
paragraph by an executive agency, an individual must--
``(i) be accepted for enrollment or be
currently enrolled as a full-time student at an
accredited educational institution authorized
to grant baccalaureate or graduate degrees (as
appropriate);
``(ii) be pursuing a course of education
that leads toward completion of a bachelor's,
master's, or doctor's degree (as appropriate)
in a qualifying field of study, as determined
by the head of the agency;
``(iii) sign an agreement described in
subparagraph (C) under which the participant
agrees to serve a period of obligated service
in the agency in an acquisition position in
return for payment of educational assistance as
provided in the agreement; and
``(iv) meet such other requirements as the
head of the agency prescribes.
``(C) Agreement.--An agreement between the head of
an executive agency and a participant in a scholarship
program established under this paragraph shall be in
writing, shall be signed by the participant, and shall
include the following provisions:
``(i) The agreement of the head of the
agency to provide the participant with
educational assistance for a specified number
of school years, not to exceed 4, during which
the participant is pursuing a course of
education in a qualifying field of study. The
assistance may include payment of tuition,
fees, books, laboratory expenses, and a
stipend.
``(ii) The participant's agreement--
``(I) to accept such educational
assistance,
``(II) to maintain enrollment and
attendance in the course of education
until completed,
``(III) while enrolled in such
course, to maintain an acceptable level
of academic standing (as prescribed by
the head of the agency), and
``(IV) after completion of the
course of education, to serve as a
full-time employee in an acquisition
position in the agency for a period of
time of one calendar year for each
school year or part thereof for which
the participant was provided a
scholarship under the program.
``(D) Repayment.--(i) Any person participating in a
program established under this paragraph shall agree to
pay to the United States the total amount of
educational assistance provided to the person under the
program if the person is voluntarily separated from the
agency or involuntarily separated for cause from the
agency before the end of the period for which the
person has agreed to continue in the service of the
agency in an acquisition position.
``(ii) If an employee fails to fulfill the
agreement to pay to the Government the total amount of
educational assistance provided to the person under the
program, a sum equal to the amount of the educational
assistance may be recovered by the Government from the
employee (or the estate of the employee) by setoff
against accrued pay, compensation, amount of retirement
credit, or other amount due the employee from the
Government; and by such other method as is provided by
law for the recovery of amounts owing to the
Government.
``(iii) The head of an executive agency may waive
in whole or in part a repayment required under this
paragraph if the head of the agency determines the
recovery would be against equity and good conscience or
would be contrary to the best interests of the United
States.
``(E) Termination of agreement.--There shall be no
requirement that a position be offered to a person
after such person successfully completes a course of
education required by an agreement under this
paragraph. If no position is offered, the agreement
shall be considered terminated.''.
(2) The table of contents for such Act, contained in section 1(b),
is amended by adding at the end the following new item:
``Sec. 38. Acquisition workforce.''.
(b) Federal Acquisition Institute.--Section 6 of the Office of
Federal Procurement Policy Act (41 U.S.C. 405), is amended--
(1) in subsection (d) by amending paragraph (5) to read as
follows:
``(5) providing for and directing the activities of the
Federal Acquisition Institute (including recommending to the
Administrator of General Services a sufficient budget for such
activities), which shall be located in the General Services
Administration;''; and
(2) by adding at the end the following new subsection:
``(l) The Federal Acquisition Institute shall--
``(1) recommend policies, procedures, and guidelines to the
Administrator, for--
``(A) fostering and promoting the development of a
professional acquisition workforce governmentwide, and
``(B) administering the provisions of section 35;
``(2) collect data and analyze acquisition workforce data
from the Office of Personnel Management, the heads of executive
agencies, and, through periodic surveys, from individual
employees;
``(3) periodically analyze acquisition career fields to
identify critical competencies, duties, tasks, and related
academic prerequisites, skills, and knowledge;
``(4) coordinate and assist agencies in identifying and
recruiting highly qualified candidates for acquisition fields;
``(5) develop instructional materials for acquisition
personnel in coordination with private and public acquisition
colleges and training facilities;
``(6) evaluate the effectiveness of training and career
development programs for acquisition personnel;
``(7) promote the establishment and utilization of academic
programs by colleges and universities in acquisition fields;
``(8) promote, coordinate, or conduct governmentwide
research and studies to improve the acquisition process and the
laws, policies, methods, regulations, procedures, and forms
relating to acquisition by the executive agencies;
``(9) facilitate, to the extent requested by agencies,
interagency intern and training programs; and
``(10) perform other career management or research
functions as directed by the Administrator.''.
(c) Repeal of Superseded Provision.--Section 502 of the Small
Business and Federal Procurement Competition Enhancement Act of 1984
(41 U.S.C. 414a) is repealed.
SEC. 844. COST REIMBURSEMENT RULES FOR INDIRECT COSTS ATTRIBUTABLE TO
PRIVATE SECTOR WORK OF DEFENSE CONTRACTORS.
(a) Defense Capability Preservation Agreement.--The Secretary of
Defense may enter into an agreement, to be known as a ``defense
capability preservation agreement'', with a defense contractor under
which the cost reimbursement rules described in subsection (b) shall be
applied. Such an agreement may be entered into in any case in which the
Secretary determines that the application of such cost reimbursement
rules would facilitate the achievement of the policy set forth in
section 2501(c) of title 10, United States Code.
(b) Cost Reimbursement Rules.--(1) The cost reimbursement rules
applicable under an agreement entered into under subsection (a) are as
follows:
(A) The Department of Defense shall, in determining the
reimbursement due a contractor for its indirect costs of
performing a defense contract, allow the contractor to allocate
indirect costs to its private sector work only to the extent of
the contractor's allocable indirect private sector costs,
subject to subparagraph (C).
(B) For purposes of subparagraph (A), the allocable
indirect private sector costs of a contractor are those costs
of the contractor that are equal to the amount by which the
revenue attributable to the private sector work of the
contractor exceeds the sum of--
(i) the direct costs attributable to such work, and
(ii) the incremental indirect costs attributable to
such work.
(C) The total amount of allocable indirect private sector
costs for a contract in any year of the agreement may not
exceed the amount of indirect costs that a contractor would
have allocated to its private sector work during that year in
accordance with the contractor's accounting practices.
(2) The cost reimbursement rules set forth in paragraph (1) may be
modified if the Secretary of Defense determines that modifications are
appropriate to the particular situation to facilitate achievement of
the policy set forth in section 2501(c) of title 10, United States
Code.
(c) Relationship to Accounting Practice Change.--The use of the
cost reimbursement rules described in subsection (b) under such an
agreement with a contractor and the implementation of such an agreement
does not constitute a change in cost accounting practices of the
contractor within the meaning of section 26(h)(1)(B) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(h)(1)(B)).
(d) Contracts Covered.--An agreement entered into with a contractor
under subsection (a) shall apply to all Department of Defense contracts
with the contractor either existing on the date on which the agreement
was entered into or awarded during the term of the agreement.
Subtitle D--Streamlining of Dispute Resolution
PART I--GENERAL PROVISIONS
SEC. 850. DEFINITIONS.
In this subtitle:
(1) The term ``Board'' means the United States Board of
Contract Appeals.
(2) The term ``Board judge'' means a member of the United
States Board of Contract Appeals.
(3) The term ``Chairman'' means the Chairman of the United
States Board of Contract Appeals.
(4) The term ``executive agency'' has the meaning given by
section 2(2) of the Contract Disputes Act of 1978 (41 U.S.C.
601(2)).
(5) The term ``alternative means of dispute resolution''
has the meaning given by section 571(3) of title 5, United
States Code.
(6) The term ``protest'' means a written objection by an
interested party to any of the following:
(A) A solicitation or other request by an executive
agency for offers for a contract for the procurement of
property or services.
(B) The cancellation of such a solicitation or
other request.
(C) An award or proposed award of such a contract.
(D) A termination or cancellation of an award of
such a contract, if the written objection contains an
allegation that the termination or cancellation is
based in whole or in part on improprieties concerning
the award of the contract.
(7) The term ``interested party'', with respect to a
contract or a solicitation or other request for offers, means
an actual or prospective bidder or offeror whose direct
economic interest would be affected by the award of the
contract or by failure to award the contract.
(8) The term ``prevailing party'', with respect to a
determination of the Board under section 864(b) that a decision
of a contracting officer violates a statute or regulation,
means a party that demonstrated such violation.
PART II--ESTABLISHMENT OF THE UNITED STATES BOARD OF CONTRACT APPEALS
SEC. 851. ESTABLISHMENT.
There is established in the executive branch of the Government an
independent establishment to be known as the United States Board of
Contract Appeals.
SEC. 852. MEMBERSHIP.
(a) Appointment.--(1) The Board shall consist of Board judges
appointed by the Chairman, without regard to political affiliation and
solely on the basis of the professional qualifications required to
perform the duties and responsibilities of a Board judge, from a
register of applicants maintained by the Board.
(2) The members of the Board shall be selected and appointed to
serve in the same manner as administrative law judges appointed
pursuant to section 3105 of title 5, United States Code, with an
additional requirement that such members shall have had not fewer than
five years' experience in public contract law.
(3) Notwithstanding paragraph (2) and subject to subsection (b),
the following persons shall serve as Board judges:
(A) Any full-time member of an agency board of contract
appeals serving as such on the day before the effective date of
this subtitle.
(B) Any person serving on the day before the date of the
enactment of this Act in a position at a level of assistant
general counsel or higher with authority delegated from the
Comptroller General to decide bid protests under subchapter V
of chapter 35 of title 31, United States Code.
(b) Removal.--Members of the Board shall be subject to removal in
the same manner as administrative law judges, as provided in section
7521 of title 5, United States Code.
(c) Compensation.--Compensation for the Chairman and all other
members of the Board shall be determined under section 5273a of title
5, United States Code.
SEC. 853. CHAIRMAN.
(a) Designation.--(1) The Chairman shall be designated by the
President to serve for a term of five years. The President shall select
the Chairman from among sitting Board judges each of whom has had at
least five years of service--
(A) as a member of an agency board of contract appeals; or
(B) in a position at a level of assistant general counsel
or higher with authority delegated from the Comptroller General
to decide bid protests under subchapter V of chapter 35 of
title 31, United States Code (as in effect on the day before
the effective date of this subtitle).
(2) A Chairman may continue to serve after the expiration of the
Chairman's term until a successor has taken office. A Chairman may be
reappointed any number of times.
(b) Responsibilities.--The Chairman shall be responsible on behalf
of the Board for the executive and administrative operation of the
Board, including functions of the Board with respect to the following:
(1) The selection, appointment, and fixing of the
compensation of such personnel, pursuant to part III of title
5, United States Code, as the Chairman considers necessary or
appropriate, including a Clerk of the Board, a General Counsel,
and clerical and legal assistance for Board judges.
(2) The supervision of personnel employed by or assigned to
the Board, and the distribution of work among such personnel.
(3) The response to any request that may be made by
Congress or the Office of Management and Budget.
(4) The allocation of funds among the various functions of
the Board.
(5) The entering into and performance of such contracts,
leases, cooperative agreements, or other similar transactions
with public agencies and private organizations and persons, and
the making of such payments, as the Chairman considers
necessary or appropriate to carry out functions vested in the
Board.
(6) The operation of an Office of the Clerk of the Board,
including the receipt of all filings made with the Board, the
assignment of cases, and the maintenance of all records of the
Board.
(7) The acquisition, operation, and maintenance of such
automatic data processing resources as may be needed by the
Board.
(8) The prescription of such rules and regulations as the
Chairman considers necessary or appropriate for the
administration and management of the Board.
(c) Vice Chairmen.--The Chairman may designate up to four other
Board judges as Vice Chairmen. The Chairman may divide the Board into
two or more divisions, and, if such division is made, shall assign a
Vice Chairman to head each division. The Vice Chairmen, in the order
designated by the Chairman, shall act in the place and stead of the
Chairman during the absence of the Chairman.
SEC. 854. RULEMAKING AUTHORITY.
(a) In General.--The Board may establish--
(1) such procedural rules and regulations as are necessary
to the exercise of its functions, including internal rules for
the assignment of cases; and
(2) statements of policy of general applicability with
respect to its functions.
(b) Prohibition on Review by Other Agency or Person.--Rules and
regulations established by the Board (including forms which are a part
thereof) shall not be subject to review by any other agency or person
(including the Administrator of Information and Regulatory Affairs,
pursuant to chapter 35 of title 44, United States Code) in advance of
publication.
SEC. 855. LITIGATION AUTHORITY.
Except as provided in section 518 of title 28, United States Code,
relating to litigation before the Supreme Court, attorneys designated
by the Chairman may appear for, and represent the Board in, any civil
action brought in connection with any function carried out by the
Board.
SEC. 856. SEAL OF BOARD.
The Chairman shall cause a seal of office to be made for the Board
of such design as the Board shall approve. Judicial notice shall be
taken of such seal.
SEC. 857. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 1997 and
each succeeding fiscal year such sums as may be necessary to carry out
the provisions of this subtitle and to enable the Board to perform its
functions. Funds appropriate pursuant to this section shall remain
available until expended.
PART III--FUNCTIONS OF UNITED STATES BOARD OF CONTRACT APPEALS
SEC. 861. ALTERNATIVE DISPUTE RESOLUTION SERVICES.
(a) Requirement To Provide Services Upon Request.--The Board shall
provide alternative means of dispute resolution for any disagreement
regarding a contract or prospective contract of an executive agency
upon the request of all parties to the disagreement.
(b) Personnel Qualified To Act.--Each Board judge and each attorney
employed by the Board shall be considered to be qualified to act for
the purpose of conducting alternative means of dispute resolution under
this section.
(c) Services To Be Provided Without Charge.--Any services provided
by the Board or any Board judge or employee pursuant to this section
shall be provided without charge.
(d) Recusal of Certain Personnel Upon Request.--In the event that a
matter which is presented to the Board for alternative means of dispute
resolution, pursuant to this section, later becomes the subject of
formal proceedings before the Board, any Board judge or employee who
was involved in the alternative means shall, if requested by any party
to the formal proceeding, take no part in that proceeding.
SEC. 862. ALTERNATIVE DISPUTE RESOLUTION OF DISPUTES AND PROTESTS
SUBMITTED TO BOARD.
With reasonable promptness after the submission to the Board of a
contract dispute under section 863 or a bid protest under section 864,
a Board judge to whom the contract dispute or protest is assigned shall
request the parties to meet with a Board judge, or an attorney employed
by the Board, for the purpose of attempting to resolve the dispute or
protest through alternative means of dispute resolution. Formal
proceedings in the appeal shall then be suspended until such time as
any party or a Board judge to whom the dispute or protest is assigned
determines that alternative means of dispute resolution are not
appropriate for resolution of the dispute or protest.
SEC. 863. CONTRACT DISPUTES.
The Board shall have jurisdiction as provided by section 8(a) of
the Contract Disputes Act of 1978 (41 U.S.C. 601-613).
SEC. 864. PROTESTS.
(a) Review Required Upon Request.--Upon request of an interested
party in connection with any procurement conducted by any executive
agency, the Board shall review, as provided in this section, any
decision by a contracting officer alleged to violate a statute or
regulation. The authority of the Board to conduct such review shall
include the authority to review regulations to determine their
consistency with applicable statutes. A decision or order of the Board
pursuant to this section shall not be subject to interlocutory appeal
or review.
(b) Standard of Review.--In deciding a protest, the Board may
consider all evidence that is relevant to the decision under protest.
It shall accord a presumption of correctness to all facts found and
determinations made by the contracting officer whose decision is being
protested. The protester may rebut this presumption by showing, by a
preponderance of the evidence, that a finding or determination was
incorrect. The Board may find that a decision by a contracting officer
violates a statute or regulation for any of the reasons stated in
section 706(2) of title 5, United States Code.
(c) Determination of Whether to Suspend Authority To Conduct
Procurement in Protest Filed Before Contract Award.--(1) When a protest
under this section is filed before the award of a contract in a
protested procurement, the Board, at the request of an interested party
and within 10 days after the submission of the protest, shall hold a
hearing to determine whether the Board should suspend the authority of
the executive agency involved (or its head) to conduct such procurement
until the Board can decide the protest.
(2) The Board shall suspend the authority of the executive agency
(or its head) unless the agency concerned establishes that--
(A) absent action by the Board, contract award is likely to
occur within 30 days after the hearing; and
(B) urgent and compelling circumstances which significantly
affect interests of the United States will not permit waiting
for the decision of the Board.
(3) A suspension under paragraph (2) shall not preclude the
executive agency concerned from continuing the procurement process up
to but not including award of the contract unless the Board determines
such action is not in the best interests of the United States.
(d) Determination of Whether to Suspend Authority To Conduct
Procurement in Protest Filed After Contract Award.--(1) If, with
respect to an award of a contract, the Board receives notice of a
protest under this section within the period described in paragraph
(2), the Board shall, at the request of an interested party, hold a
hearing to determine whether the Board should suspend the authority of
the executive agency involved (or its head) to conduct such procurement
until the Board can decide the protest.
(2) The period referred to in paragraph (1) is the period beginning
on the date on which the contract is awarded and ending at the end of
the later of--
(A) the tenth day after the date of contract award; or
(B) the fifth day after the debriefing date offered to an
unsuccessful offeror for any debriefing that is requested and,
when requested, is required.
(3) The Board shall hold the requested hearing within 5 days after
the date of the filing of the protest or, in the case of a request for
debriefing, within 5 days after the later of the date of the filing of
the protest or the date of the debriefing.
(4) The Board shall suspend the procurement authority of the
executive agency involved (or its head) to acquire any goods or
services under the contract which are not previously delivered and
accepted unless such agency establishes that urgent and compelling
circumstances which significantly affect interests of the United States
will not permit waiting for the decision of the Board.
(e) Procedures.--
(1) Proceedings and discovery.--The Board shall conduct
proceedings and allow such discovery as may be required for the
expeditious, fair, and reasonable resolution of the protest.
The Board shall limit discovery to material which is relevant
to the grounds of protest or to such affirmative defenses as
the executive agency involved, or any intervenor supporting the
agency, may raise.
(2) Priority.--The Board shall give priority to protests
filed under this section over contract disputes and alternative
dispute services. Except as provided in paragraph (3), the
Board shall issue its final decision within 65 days after the
date of the filing of the protest, unless the Chairman
determines that the specific and unique circumstances of the
protest require a longer period, in which case the Board shall
issue such decision within the longer period determined by the
Chairman. An amendment that adds a new ground of protest should
be resolved, to the maximum extent practicable, within the time
limits established for resolution of the initial protest.
(3) Threshold.--Any protest in which the anticipated value
of the contract award that will result from the protested
procurement, as estimated by the executive agency involved, is
less than $1,000,000 shall be considered under simplified rules
of procedure. These rules shall provide that discovery in such
protests shall be in writing only. Such protests shall be
decided by a single Board judge, whose decision shall be final
and conclusive and shall not be set aside except in cases of
fraud. The Board shall issue its final decision in each such
protest within 35 days after the date of the filing of the
protest.
(4) Calculation of time for adr.--In calculating time for
purposes of paragraph (2) or (3) of this subsection, any days
during which proceedings are suspended for the purpose of
attempting to resolve the protest by alternative means of
dispute resolution, up to a maximum of 20 days, shall not be
counted.
(5) Dismissal of frivolous protests.--The Board may dismiss
a protest that the Board determines is frivolous or which, on
its face, does not state a valid basis for protest.
(6) Payment of costs for frivolous protests.--(A) If the
Board expressly finds that a protest or a portion of a protest
is frivolous or does not state on its face a valid basis for
protest, the Board shall declare that the protester or other
interested party who joins the protest is liable to the United
States for payment of the costs described in subparagraph (B)
unless--
(i) special circumstances would make such payment
unjust; or
(ii) the protester obtains documents or other
information after the protest is filed with the Board
that establishes that the protest or a portion of the
protest is frivolous or does not state on its face a
valid basis for protest, and the protester then
promptly withdraws the protest or portion of the
protest.
(B) The costs referred to in subparagraph (A) are all of
the costs incurred by the United States of reviewing the
protest, or of reviewing that portion of the protest for which
the finding is made, including the fees and other expenses (as
defined in section 2412(d)(2)(A) of title 28, United States
Code) incurred by the United States in defending the protest.
(f) Decisions and Corrective Actions on Protests.--(1) In making a
decision on protests filed under this section, the Board shall accord
due weight to the goals of economic and efficient procurement, and
shall take due account of the rule of prejudicial error.
(2) If the Board determines that a decision of a contracting
officer violates a statute or regulation, the Board may order the
agency (or its head) to take such corrective action as the Board
considers appropriate. Corrective action includes requiring that the
Federal agency--
(A) refrain from exercising any of its options under the
contract;
(B) recompete the contract immediately;
(C) issue a new solicitation;
(D) terminate the contract;
(E) award a contract consistent with the requirements of
such statute and regulation;
(F) implement any combination of requirements under
subparagraphs (A), (B), (C), (D), and (E); or
(G) implement such other actions as the Board determines
necessary.
(3) If the Board orders corrective action after the contract award,
the affected contract shall be presumed valid as to all goods or
services delivered and accepted under the contract before the
corrective action was ordered.
(4) Any agreement that provides for the dismissal of a protest and
involves a direct or indirect expenditure of appropriated funds shall
be submitted to the Board and shall be made a part of the public record
(subject to any protective order considered appropriate by the Board)
before dismissal of the protest.
(g) Authority To Declare Entitlement to Costs.--(1)(A) Whenever the
Board determines that a decision of a contracting officer violates a
statute or regulation, it may, in accordance with section 1304 of title
31, United States Code, further declare an appropriate prevailing party
to be entitled to the costs of--
(i) filing and pursuing the protest, including reasonable
attorneys' fees and consultant and expert witness fees, and
(ii) bid and proposal preparation.
(B) No party (other than a small business concern (within the
meaning of section 3(a) of the Small Business Act)) may be declared
entitled under this paragraph to costs for--
(i) consultants and expert witness fees that exceed the
highest rate of compensation for expert witnesses paid by the
Federal Government, or
(ii) attorneys' fees that exceed $150 per hour unless the
Board, on a case by case basis, determines that an increase in
the cost of living or a special factor, such as the limited
availability of qualified attorneys for the proceedings
involved, justifies a higher fee.
(2) Payment of amounts due from an agency under paragraph (1) or
under the terms of a settlement agreement under subsection (e)(4) shall
be made from the appropriation made by section 1304 of title 31, United
States Code, for the payment of judgments. The executive agency
concerned shall reimburse that appropriation account out of funds
available for the procurement.
(h) Appeals.--Except as provided in subsection (e)(3), a final
decision of the Board may be appealed as set forth in section 8(d)(1)
of the Contract Disputes Act of 1978 by the head of the executive
agency concerned and by any interested party, including interested
parties who intervene in any protest filed under this section.
(i) Additional Relief.--Nothing contained in this section shall
affect the power of the Board to order any additional relief which it
is authorized to provide under any statute or regulation.
(j) Nonexclusivity of Remedies.--Nothing contained in this section
shall affect the right of any interested party to file a protest with
the contracting agency or to file an action in the United States Court
of Federal Claims or in a United States district court.
SEC. 865. APPLICABILITY TO CONTRACTS FOR COMMERCIAL ITEMS.
Notwithstanding section 34 of the Office of Federal Procurement
Policy Act (41 U.S.C. 430), the authority conferred on the Board by
this subtitle is applicable to contracts for the procurement of
commercial items.
PART IV--REPEAL OF OTHER STATUTES AUTHORIZING ADMINISTRATIVE PROTESTS
SEC. 871. REPEALS.
(a) GSBCA Provisions.--Subsection (f) of the Brooks Automatic Data
Processing Act (section 111 of the Federal Property and Administrative
Services Act of 1949; 40 U.S.C. 759) is repealed.
(b) GAO Provisions.--Subchapter V of chapter 35 of title 31, United
States Code (31 U.S.C. 3551-3556) is repealed.
PART V--TRANSFERS AND TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SEC. 881. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.
(a) Transfer.--The personnel employed in connection with, and the
assets, liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available in connection with the functions vested by law in the
Comptroller General pursuant to subchapter V of chapter 35 of title 31,
United States Code, and in the boards of contract appeals established
pursuant to section 8 of the Contract Disputes Act of 1978 (41 U.S.C.
607) (as in effect on the day before the effective date of this Act),
shall be transferred to the Board for appropriate allocation by the
Chairman.
(b) Effect on Personnel.--Personnel transferred pursuant to this
subtitle shall not be separated or reduced in compensation for one year
after such transfer, except for cause.
(c) Regulations.--(1) The Board shall prescribe regulations for the
release of competing employees in a reduction in force that gives due
effect to--
(A) efficiency or performance ratings;
(B) military preference; and
(C) tenure of employment.
(2) In prescribing the regulations, the Board shall provide for
military preference in the same manner as set forth in subchapter I of
chapter 35 of title 5, United States Code.
SEC. 882. TERMINATIONS AND SAVINGS PROVISIONS.
(a) Termination of Boards of Contract Appeals.--On the effective
date of this subtitle, the boards of contract appeals established
pursuant to section 8 of the Contract Disputes Act of 1978 (41 U.S.C.
607) (as in effect on the day before the effective date of this Act)
shall terminate.
(b) Savings Provision for Contract Dispute Matters Pending Before
Boards.--The provisions of this subtitle shall not affect any
proceedings (other than bid protests pending before the board of
contract appeals of the General Services Administration) pending on the
effective date of this Act before any board of contract appeals
described in subsection (a). Such proceedings shall be continued by the
Board, and orders which were issued in any such proceeding by any board
of contract appeals shall continue in effect until modified,
terminated, superseded, or revoked by the Board, by a court of
competent jurisdiction, or by operation of law.
(c) Bid Protest Transition Provisions.--(1) No protest may be
submitted to the Comptroller General pursuant to section 3553(a) of
title 31, United States Code, or to the board of contract appeals for
the General Services Administration pursuant to the Brooks Automatic
Data Processing Act (40 U.S.C. 759) on or after the effective date of
this Act.
(2) The provisions repealed by section 871 shall continue to apply
to proceedings pending on the effective date of this subtitle before
the board of contract appeals of the General Services Administration
and the Comptroller General pursuant to those provisions, until the
board or the Comptroller General determines such proceedings have been
completed.
SEC. 883. CONTRACT DISPUTE AUTHORITY OF BOARD.
(a) Section 2 of the Contract Disputes Act of 1978 (41 U.S.C. 601)
is amended by striking out paragraph (6) and inserting in lieu thereof
the following:
``(6) the term `Board' means the United States Board of
Contract Appeals; and''.
(b) Section 6(c) of the Contract Disputes Act of 1978 (41 U.S.C.
605(c)) is amended--
(1) in paragraph (4)--
(A) by striking out ``the agency board of contract
appeals'' and inserting in lieu thereof ``the United
States Board of Contract Appeals''; and
(B) by striking out ``the board'' and inserting in
lieu thereof ``the Board''; and
(2) in paragraph (6)--
(A) by striking out ``an agency board of contract
appeals'' and inserting in lieu thereof ``the United
States Board of Contract Appeals''; and
(B) by striking out ``agency board'' and inserting
in lieu thereof ``the Board''.
(c) Section 7 of the Contract Disputes Act of 1978 (41 U.S.C. 606)
is amended by striking out ``an agency board of contract appeals'' and
inserting in lieu thereof ``the United States Board of Contract
Appeals''.
(d) Section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)
is amended--
(1) by amending the heading to read as follows:
``united states board of contract appeals'';
(2) by striking out subsections (a), (b), and (c);
(3) in subsection (d)--
(A) by striking out the first sentence and
inserting in lieu thereof the following:
``The United States Board of Contract Appeals shall have jurisdiction
to decide any appeal from a decision of a contracting officer of any
executive agency relative to a contract made by that agency.''; and
(B) in the second sentence, by striking out ``the
agency board'' and inserting in lieu thereof ``the
Board'';
(4) in subsection (e), by striking out ``An agency board''
and inserting in lieu thereof ``The United States Board of
Contract Appeals'';
(5) in subsection (f), by striking out ``each agency
board'' and inserting in lieu thereof ``the United States Board
of Contract Appeals'';
(6) in subsection (g)--
(A) in the first sentence of paragraph (1), by
striking out ``an agency board of contract appeals''
and inserting in lieu thereof ``the United States Board
of Contract Appeals'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(7) by striking out subsections (h) and (i); and
(8) by redesignating subsections (d), (e), (f), and (g) (as
amended) as subsections (a), (b), (c), and (d), respectively.
(e) Section 9 of the Contract Disputes Act of 1978 (41 U.S.C. 608)
is amended--
(1) in subsection (a), by striking out ``each agency
board'' and inserting in lieu thereof ``the United States Board
of Contract Appeals''; and
(2) in subsection (b), by striking out ``the agency board''
and inserting in lieu thereof ``the Board''.
(f) Section 10 of the Contract Disputes Act of 1978 (41 U.S.C. 609)
is amended--
(1) in subsection (a)--
(A) in the first sentence of paragraph (1)--
(i) by striking out ``Except as provided in
paragraph (2), and in'' and inserting in lieu
thereof ``In''; and
(ii) by striking out ``an agency board''
and inserting in lieu thereof ``the United
States Board of Contract Appeals'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2), and in that paragraph, by striking out ``or (2)'';
(2) in subsection (b), by striking out ``any agency board''
and ``the agency board'' and inserting in lieu of each ``the
Board'';
(3) in subsection (c), by striking out ``an agency board''
and ``the agency board'' and inserting in lieu of each ``the
Board''; and
(4) in subsection (d), by striking out ``one or more agency
boards'' and ``or among the agency boards involved'' and
inserting in lieu of each ``the Board''.
(g) Section 11 of the Contract Disputes Act of 1978 (41 U.S.C. 610)
is amended--
(1) in the first sentence, by striking out ``an agency
board of contract appeals'' and inserting in lieu thereof ``the
United States Board of Contract Appeals''; and
(2) in the second sentence, by striking out ``the agency
board through the Attorney General; or upon application by the
board of contract appeals of the Tennessee Valley Authority''
and inserting in lieu thereof ``the Board''.
(h) Section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 612)
is amended--
(1) in subsection (b), by striking out ``an agency board of
contract appeals'' and inserting in lieu thereof ``the United
States Board of Contract Appeals''; and
(2) in subsection (d)(2), by striking out ``by the board of
contract appeals for'' and inserting in lieu thereof ``by the
Board from''.
SEC. 884. REFERENCES TO AGENCY BOARDS OF CONTRACT APPEALS.
Any reference to an agency board of contract appeals in any
provision of law or in any rule, regulation, or other paper of the
United States shall be treated as referring to the United States Board
of Contract Appeals.
SEC. 885. CONFORMING AMENDMENTS.
(a) Title 5.--Section 5372a of title 5, United States Code, is
amended--
(1) in subsection (a)(1), by striking out ``an agency board
of contract appeals appointed under section 8 of the Contract
Disputes Act of 1978'' and inserting in lieu thereof ``the
United States Board of Contract Appeals'';
(2) in subsection (a)(2), by striking out ``an agency board
of contract appeals established pursuant to section 8 of the
Contract Disputes Act of 1978'' and inserting in lieu thereof
``the United States Board of Contract Appeals''; and
(3) in subsection (b), by striking out ``an appeals board''
each place it appears and inserting in lieu thereof ``the
appeals board''.
(b) Title 10.--(1) Section 2305(e) of title 10, United States Code,
is amended--
(A) in paragraph (1), by striking out ``subchapter V of
chapter 35 of title 31'' and inserting in lieu thereof ``title
IV of the Federal Acquisition Reform Act of 1995''; and
(B) by striking out paragraph (3).
(2) Section 2305(f) of such title is amended--
(A) in paragraph (1), by striking out ``in subparagraphs
(A) through (F) of subsection (b)(1) of section 3554 of title
31'' and inserting in lieu thereof ``section 424(f)(2) of the
Federal Acquisition Reform Act of 1995''; and
(B) in paragraph (2), by striking out ``paragraph (1) of
section 3554(c) of title 31'' and inserting in lieu thereof
``section 424(g)(1)(A) of the Federal Acquisition Reform Act of
1995''.
(c) Federal Property and Administrative Services Act of 1949.--(1)
Section 303B(h) of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 253b(h)) is amended--
(A) in paragraph (1), by striking out ``subchapter V of
chapter 35 of title 31'' and inserting in lieu thereof ``title
IV of the Federal Acquisition Reform Act of 1995''; and
(B) by striking out paragraph (3).
(2) Section 303B(i) of such Act (41 U.S.C. 253b(i)) is amended--
(A) in paragraph (1), by striking out ``in subparagraphs
(A) through (F) of subsection (b)(1) of section 3554 of title
31'' and inserting in lieu thereof ``section 424(f)(2) of the
Federal Acquisition Reform Act of 1995''; and
(B) in paragraph (2), by striking out ``paragraph (1) of
section 3554(c) of title 31'' and inserting in lieu thereof
``section 424(g)(1)(A) of the Federal Acquisition Reform Act of
1995''.
PART VI--EFFECTIVE DATE; INTERIM APPOINTMENT AND RULES
SEC. 891. EFFECTIVE DATE.
This subtitle shall take effect on October 1, 1996.
SEC. 892. INTERIM APPOINTMENT.
The Board judge serving as chairman of the board of contract
appeals of the General Services Administration on the date of the
enactment of this Act shall serve as Chairman during the two-year
period beginning on the effective date of this subtitle, unless such
individual resigns such position or the position otherwise becomes
vacant before the expiration of such period. The authority vested in
the President by section 853 shall take effect upon the expiration of
such two-year period or on the date such position is vacated, whichever
occurs earlier.
SEC. 893. INTERIM RULES.
(a) Rules of Procedure.--Until such date as the Board promulgates
rules of procedure, the rules of procedure of the board of contract
appeals of the General Services Administration, as in effect on the
effective date of this Act, shall be the rules of procedure of the
Board.
(b) Rules Regarding Board Judges.--Until such date as the Board
promulgates rules governing the establishment and maintenance of a
register of eligible applicants and the selection of Board judges, the
rules of the Armed Services Board of Contract Appeals governing the
establishment and maintenance of a register of eligible applicants and
the selection of board members shall be the rules of the Board
governing the establishment and maintenance of a register of eligible
applicants and the selection of Board judges, except that any
provisions of the rules of the Armed Services Board of Contract Appeals
that authorize any individual other than the chairman of such board to
select a Board judge shall have no effect.
Subtitle E--Effective Dates and Implementation
SEC. 895. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date.--Except as otherwise provided in this title,
this title and the amendments made by this title shall take effect on
the date of the enactment of this Act.
(b) Applicability of Amendments.--(1) An amendment made by this
title shall apply, in the manner prescribed in the final regulations
promulgated pursuant to section 896 to implement such amendment, with
respect to any solicitation that is issued, any unsolicited proposal
that is received, and any contract entered into pursuant to such a
solicitation or proposal, on or after the date described in paragraph
(3).
(2) An amendment made by this title shall also apply, to the extent
and in the manner prescribed in the final regulations promulgated
pursuant to section 896 to implement such amendment, with respect to
any matter related to--
(A) a contract that is in effect on the date described in
paragraph (3);
(B) an offer under consideration on the date described in
paragraph (3); or
(C) any other proceeding or action that is ongoing on the
date described in paragraph (3).
(3) The date referred to in paragraphs (1) and (2) is the date
specified in such final regulations. The date so specified shall be
October 1, 1996, or any earlier date that is not within 30 days after
the date on which such final regulations are published.
SEC. 896. IMPLEMENTING REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Federal
Acquisition Regulation and such other proposed regulations (or
revisions to existing regulations) as may be necessary to implement
this title shall be published in the Federal Register not later than
210 days after the date of the enactment of this Act.
(b) Public Comment.--The proposed regulations described in
subsection (a) shall be made available for public comment for a period
of not less than 60 days.
(c) Final Regulations.--Final regulations shall be published in the
Federal Register not later than 330 days after the date of enactment of
this Act.
(d) Modifications.--Final regulations promulgated pursuant to this
section to implement an amendment made by this title may provide for
modification of an existing contract without consideration upon the
request of the contractor.
(e) Savings Provisions.--(1) Nothing in this title shall be
construed to affect the validity of any action taken or any contract
entered into before the date specified in the regulations pursuant to
section 895(b)(3) except to the extent and in the manner prescribed in
such regulations.
(2) Except as specifically provided in this title, nothing in this
title shall be construed to require the renegotiation or modification
of contracts in existence on the date of the enactment of this Act.
(3) Except as otherwise provided in this title, a law amended by
this title shall continue to be applied according to the provisions
thereof as such law was in effect on the day before the date of the
enactment of this Act until--
(A) the date specified in final regulations implementing
the amendment of that law (as promulgated pursuant to this
section); or
(B) if no such date is specified in regulations, October 1,
1996.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. REORGANIZATION OF OFFICE OF THE SECRETARY OF DEFENSE.
(a) Reorganization.--The Secretary of Defense shall carry out in
accordance with this section a reorganization of the Office of the
Secretary of Defense. The reorganization shall include a substantial
streamlining and reduction in size of that office, as provided in this
section.
(b) Plan for Reorganization.--The Secretary shall submit to
Congress a report setting forth a comprehensive plan by which the
Secretary will carry out the reorganization of the Office of the
Department of Defense required by this section. The Secretary shall
include in the report identification of all provisions of law (or other
congressional directives) that preclude or inhibit any proposed
reorganization or streamlining of the Office of the Secretary of
Defense set forth in the plan. The report shall be submitted when the
budget of the President for fiscal year 1997 is submitted to Congress.
(c) Content of Plan.--The plan required by subsection (b) shall
enable the Secretary to accomplish the following:
(1) Reduce the number of military and civilian personnel
assigned to, or employed in, the Office of the Secretary of
Defense by 25 percent over a period of four years, as required
by subsection (e).
(2) Increase organizational efficiency and civilian
control.
(3) Eliminate (or substantially reduce) duplication of
functions between the Office of the Secretary of Defense and
the military departments.
(4) Eliminate (or substantially reduce) duplication of
functions between the Office of the Secretary of Defense and
the Joint Chiefs of Staff.
(d) Development of Plan.--In developing the plan required by
subsection (b), the Secretary shall--
(1) reassess the appropriate function and mission of the
Office of the Secretary of Defense;
(2) reassess whether the current organization of the Office
of the Secretary of Defense provides the most efficient and
effective organization to support the Secretary in carrying out
the Secretary's responsibilities;
(3) examine alternative organizational structures for that
office and alternative allocations of functional
responsibilities within that office, including--
(A) a reduction in the number of Under Secretaries
of Defense;
(B) a reduction in the number of Deputy Assistant
Secretaries of Defense and Deputy Under Secretaries of
Defense; and
(C) decentralizing functions of the Office of the
Secretary of Defense; and
(4) reassess the size, number, and functional allocation of
the Defense Agencies and other Department of Defense support
organizations.
(e) Personnel Reduction.--(1) The number of military and civilian
personnel of the Department of Defense who as of October 1, 1998, 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) may not
exceed 75 percent of the number of such personnel as of October 1,
1994.
(2) In carrying out reductions under paragraph (1), the Secretary
may not reassign functions solely in order to evade the requirement
contained in that paragraph.
(f) Reduction in Number and Specification of Assistant Secretary of
Defense Positions.--(1) Section 138 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking out ``eleven'' and
inserting in lieu thereof ``nine''; and
(B) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe.''.
(2) Section 5315 of title 5, United States Code, is amended by
striking out ``(11)'' after ``Assistant Secretaries of Defense'' and
inserting in lieu thereof ``(9)''.
(g) Repeal of Statutory Establishment of Various OSD Positions.--
(1)(A) The following sections of chapter 4 of title 10, United States
Code, are repealed: sections 133a, 134a, 137, 139, and 142.
(B) The table of sections at the beginning of such chapter is
amended by striking out the items relating to the sections specified in
paragraph (1).
(2) Section 1056 is amended by striking out subsection (d).
(h) Senior Staff Floor for Specified Assistant Secretary of
Defense.--Section 355 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1540) is repealed.
(i) Conforming Amendments to Title 10, United States Code.--Title
10, United States Code, is amended as follows:
(1) Section 131(b) is amended--
(A) by striking out paragraphs (6) and (8); and
(B) by redesignating paragraphs (7), (9), (10), and
(11), as paragraphs (6), (7), (8), and (9),
respectively.
(2) Section 138(d) is amended by striking out ``the Under
Secretaries of Defense, and the Director of Defense Research
and Engineering'' and inserting in lieu thereof ``and the Under
Secretaries of Defense''.
(3) Section 176(a)(3) is amended--
(A) by striking out ``Assistant Secretary of
Defense for Health Affairs'' and inserting in lieu
thereof ``official in the Department of Defense with
principal responsibility for health affairs''; and
(B) by striking out ``Chief Medical Director of the
Department of Veterans Affairs'' and inserting in lieu
thereof ``Under Secretary for Health of the Department
of Veterans Affairs''.
(4) Section 1216(d) is amended by striking out ``Assistant
Secretary of Defense for Health Affairs'' and inserting in lieu
thereof ``official in the Department of Defense with principal
responsibility for health affairs''.
(5) Section 1587(d) is amended by striking out ``Assistant
Secretary of Defense for Manpower and Logistics'' and inserting
in lieu thereof ``official in the Department of Defense with
principal responsibility for personnel and readiness''.
(6) The text of section 10201 is amended to read as
follows:
``The official in the Department of Defense with responsibility for
overall supervision of reserve component affairs of the Department of
Defense is the official designated by the Secretary of Defense to have
that responsibility.''.
(j) Conforming Amendments Relating to Operational Test and
Evaluation Authority.--Section 2399 of such title is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by inserting ``a conventional weapons
system that'' after ``means'' in the matter
preceding subparagraph (A); and
(ii) in subparagraph (A), by striking out
``a conventional weapons system that''; and
(B) by adding at the end the following new
paragraph:
``(3) The Secretary of Defense shall designate an official of the
Department of Defense to perform the duties of the position referred to
in this section as the `designated OT&E official'.'';
(2) in subsection (b)--
(A) by striking out ``Director of Operational Test
and Evaluation of the Department of Defense'' in
paragraph (1) and inserting in lieu thereof
``designated OT&E official''; and
(B) by striking out ``Director'' each place it
appears in paragraphs (2) and (3) and inserting in lieu
thereof ``designated OT&E official'';
(3) in subsection (c), by striking out ``Director of
Operational Test and Evaluation of the Department of Defense''
and inserting in lieu thereof ``designated OT&E official'';
(4) in subsection (e), by striking out ``Director'' each
place it appears and inserting in lieu thereof ``designated
OT&E official'';
(5) by striking out subsection (g); and
(6) by redesignating subsection (h) as subsection (g).
(k) Other Conforming Amendment.--Section 1211(b)(2) of the National
Defense Authorization Act for Fiscal Year 1988 and 1989 (P.L. 100-180;
101 Stat 1155; 10 U.S.C. 167 note) is amended by striking out ``the
Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict'' and inserting in lieu thereof ``the official designated by
the Secretary of Defense to have principal responsibility for matters
relating to special operations and low intensity conflict''.
SEC. 902. RESTRUCTURING OF DEPARTMENT OF DEFENSE ACQUISITION
ORGANIZATION AND WORKFORCE.
(a) Restructuring Report.--Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report on the
acquisition organization and workforce of the Department of Defense.
The report shall include--
(1) the plan described in subsection (b); and
(2) the assessment of streamlining and restructuring
options described in subsection (c).
(b) Plan for Restructuring.--(1) The Secretary shall include in the
report under subsection (a) a plan on how to restructure the current
acquisition organization of the Department of Defense in a manner that
would enable the Secretary to accomplish the following:
(A) Reduce the number of military and civilian personnel
assigned to, or employed in, acquisition organizations of the
Department of Defense by 25 percent over a period of four
years, as required by subsection (d).
(B) Eliminate duplication of functions among existing
acquisition organizations of the Department of Defense.
(C) Maximize opportunity for consolidation among
acquisition organizations of the Department of Defense to
reduce management overhead.
(2) In the report, the Secretary shall also identify any statutory
requirement or congressional directive that inhibits any proposed
restructuring plan or reduction in the size of the defense acquisition
organization.
(3) In designing the plan under paragraph (1), the Secretary shall
give full consideration to the process efficiencies expected to be
achieved through the implementation of the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355) and other ongoing
initiatives to increase the use of commercial practices and reduce
contract overhead in the defense procurement system.
(c) Assessment of Specified Restructuring Options.--The Secretary
shall include in the report under subsection (a) a detailed assessment
of each of the following options for streamlining and restructuring the
existing defense acquisition organization, together with a specific
recommendation as to whether each such option should be implemented:
(1) Consolidation of certain functions of the Defense
Contract Audit Agency and the Defense Contract Management
Command.
(2) Contracting for performance of a significant portion of
the workload of the Defense Contract Audit Agency and other
Defense Agencies that perform acquisition functions.
(3) Consolidation or selected elimination of Department of
Defense acquisition organizations.
(4) Any other defense acquisition infrastructure
streamlining or restructuring option the Secretary may
determine.
(d) Reduction of Acquisition Workforce.--(1) Effective as of
October 1, 1998, the total number of defense acquisition personnel may
not exceed 75 percent of the total number of defense acquisition
personnel as of October 1, 1994.
(2) In carrying out paragraph (1), the Secretary of Defense shall
exempt personnel who possess technical competence in trade-skill
maintenance and repair positions involved in performing depot
maintenance functions for the Department of Defense.
(3) In carrying out paragraph (1), the Secretary of Defense shall
accomplish reductions in defense acquisition personnel positions during
fiscal year 1996 so that the total number of such personnel as of
October 1, 1996, is less than the total number of such personnel as of
October 1, 1995, by at least 30,000.
(4) For purposes of this section, the term ``defense acquisition
personnel'' means military and civilian personnel of the Department of
Defense assigned to, or employed in, acquisition organizations of the
Department of Defense.
(e) Acquisition Organization Defined.--For purposes of this
section, acquisition organizations of the Department of Defense are
those organizations specified in Department of Defense Instruction
Numbered 5000.58, dated January 14, 1992.
SEC. 903. PLAN FOR INCORPORATION OF DEPARTMENT OF ENERGY NATIONAL
SECURITY FUNCTIONS IN DEPARTMENT OF DEFENSE.
(a) Report Required.--The Secretary of Defense shall submit to
Congress a report setting forth the Secretary's plan for the
incorporation into the Department of Defense of the national security
programs of the Department of Energy. The plan submitted shall be one
which could be implemented if the Department of Energy is abolished and
the national security programs of that department are transferred to
the Department of Defense and consolidated with programs of the
Department of Defense.
(b) Matters To Be Included.--The plan submitted in the report under
subsection (a) shall include the following:
(1) A detailed plan for the integration into the Department
of Defense of the offices and laboratories of the Department of
Energy which could be anticipated to be transferred to the
Department of Defense as part of such a transfer of functions.
(2) An assessment of the personnel end-strength reductions
estimated to be achieved as a result of such a transfer of
functions.
(3) An assessment of costs, or savings, associated with the
various transfer of function options.
(4) An identification of all applicable provisions of law
that may inhibit or preclude such a transfer of functions.
(c) Preservation of Integrity of DOE National Security Programs.--
In developing the plan under subsection (a), the Secretary shall make
every effort to ensure that the mission and functioning of the national
security programs of the Department of Energy are not unduly affected
adversely during the transfer of those functions to the Department of
Defense and the consolidation of those functions into activities of the
Department.
(d) Submission Of Report.--The report required under subsection (a)
shall be submitted not later than February 1, 1996.
SEC. 904. CHANGE IN TITLES OF CERTAIN MARINE CORPS GENERAL OFFICER
BILLETS RESULTING FROM REORGANIZATION OF THE
HEADQUARTERS, MARINE CORPS.
(a) Headquarters, Marine Corps, Function; Composition.--Subsection
(b) of section 5041 of title 10, United States Code, is amended by
striking out paragraphs (2) through (5) and inserting in lieu thereof
the following:
``(2) The Vice Commandant of the Marine Corps.
``(3) The Director of the Marine Corps Staff.
``(4) The Deputy Commandants of the Marine Corps.
``(5) The Assistant Commandants of the Marine Corps.''.
(b) Vice Commandant.--(1) Section 5044 of such title is amended by
striking out ``Assistant Commandant'' each place it appears and
inserting in lieu thereof ``Vice Commandant''.
(2) The heading of such section is amended to read as follows:
``Sec. 5044. Vice Commandant of the Marine Corps''.
(c) Director of the Marine Corps Staff; Deputy and Assistant
Commandants.--Section 5045 of such title is amended to read as follows:
``Sec. 5045. Director of the Marine Corps Staff; Deputy and Assistant
Commandants
``(a) There are in the Headquarters, Marine Corps, the following:
``(1) A Director of the Marine Corps Staff.
``(2) Not more than five Deputy Commandants of the Marine
Corps.
``(3) Not more than three Assistant Commandants of the
Marine Corps.
``(b) The officers specified in subsection (a) shall be detailed by
the Secretary of the Navy from officers on the active-duty list of the
Marine Corps.''.
(d) Clerical Amendment.--The items relating to sections 5044 and
5045 in the table of sections at the beginning of chapter 506 of such
title are amended to read as follows:
``5044. Vice Commandant of the Marine Corps.
``5045. Director of the Marine Corps Staff; Deputy and Assistant
Commandants.''.
SEC. 905. INCLUSION OF INFORMATION RESOURCES MANAGEMENT COLLEGE IN THE
NATIONAL DEFENSE UNIVERSITY.
(a) Technical Amendment and Addition of Information Resources
Management College to the Definition of the National Defense
University.--Section 1595(d)(2) of title 10, United States Code, is
amended by striking out ``the Institute for National Strategic Study,''
and inserting in lieu thereof ``the Institute for National Strategic
Studies, the Information Resources Management College,''.
(b) Conforming Amendment.--Section 2162(d)(2) of such title is
amended by inserting ``the Institute for National Strategic Studies,
the Information Resources Management College,'' after ``the Armed
Forces Staff College,''.
SEC. 906. EMPLOYMENT OF CIVILIANS AT THE ASIA-PACIFIC CENTER FOR
SECURITY STUDIES.
Section 1595 of title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraph:
``(4) The Asia-Pacific Center for Security Studies.''; and
(2) by adding at the end the following new subsection:
``(f) Application to Director and Deputy Director at Asia-Pacific
Center for Security Studies.--In the case of the Asia-Pacific Center
for Security Studies, this section also applies with respect to the
Director and the Deputy Director.''.
SEC. 907. CONTINUED OPERATION OF UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Closure Prohibited.--In light of the important role of the
Uniformed Services University of the Health Sciences in providing
trained health care providers for the uniformed services, Congress
reaffirms the requirement contained in section 922 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat 2829) that the Uniformed Services University of the Health
Sciences may not be closed.
(b) Budgetary Commitment to Continuation.--It is the sense of
Congress that the Secretary of Defense should budget for the operation
of the Uniformed Services University of the Health Sciences during
fiscal year 1997 at a level at least equal to the level of operations
conducted at the University during fiscal year 1995.
SEC. 908. REDESIGNATION OF ADVANCED RESEARCH PROJECTS AGENCY.
(a) Redesignation.--The agency in the Department of Defense known
as the Advanced Research Projects Agency shall after the date of the
enactment of this Act be designated as the Defense Advanced Research
Projects Agency.
(b) References.--Any reference in any law, regulation, document,
record, or other paper of the United States to the Advanced Research
Projects Agency shall be considered to be a reference to the Defense
Advanced Research Projects Agency.
SEC. 909. NAVAL NUCLEAR PROPULSION PROGRAM.
No department or agency may regulate or direct any change in
function for facilities under the Naval Nuclear Propulsion Program
unless otherwise permitted or specified by law.
SEC. 910. AVIATION TESTING CONSOLIDATION.
(a) Limitation.--The Secretary of the Army may not consolidate the
Aviation Technical Test Center, Fort Rucker, Alabama, with any other
aviation testing facility until 60 days after the date on which a
report containing the results of the evaluation of such consolidation
described in subsection (b) is received by the congressional defense
committees.
(b) Independent Evaluation.--The Secretary of the Army shall
provide for an evaluation by the Institute for Defense Analyses (a
Federal contract research center) of the proposal of the Test and
Evaluation Command of the Army to relocate the Aviation Technical Test
Center to Yuma Proving Ground, Arizona. The evaluation of such proposal
shall include consideration of the following:
(1) A review and validation of studies conducted by the
Army Materiel Command and the Army Test and Evaluation Command
of the proposed relocation.
(2) The effect on, and cost of, maintenance and logistics
capability (including maintenance of a parts inventory) to
support the test evaluation fleet.
(3) The availability of facilities and infrastructure
necessary to conduct the aviation testing mission at Yuma
Proving Ground.
(4) The availability of engineers and maintenance
technicians to support the aviation testing mission at Yuma
Proving Ground.
(5) The effect on current and planned aircraft programs.
(6) Consistency with the efforts of the Army to become the
Department of Defense leader for rotary-wing aircraft.
(7) Potential savings, including the time period over which
such savings could be realized.
(8) Comparison of live-fire testing with computer-simulated
testing.
(c) Time Requirement for Completion of Evaluation.--The evaluation
under subsection (b) shall be completed not later than 120 days after
the date of the enactment of this Act.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1996 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.
(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.
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on National Security of the House of Representatives to
accompany the bill H.R. 1530 of the One Hundred Fourth Congress and
transmitted to the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds 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 of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. IMPROVED FUNDING MECHANISMS FOR UNBUDGETED OPERATIONS.
(a) Revision of Funding Mechanism.--(1) Chapter 3 of title 10,
United States Code, is amended by striking out section 127a and
inserting in lieu thereof the following:
``Sec. 127a. Operations for which funds are not provided in advance:
funding mechanisms
``(a) In General.--(1) The Secretary of Defense shall use the
procedures prescribed by this section with respect to any operation of
the Department of Defense--
``(A) that involves the deployment (other than for a
training exercise) of elements of the armed forces for a
purpose other than a purpose for which funds have been
specifically provided in advance; or
``(B) that involves humanitarian assistance, disaster
relief, or support for law enforcement (including immigration
control) for which funds have not been specifically provided in
advance.
``(2) Whenever any operation described in paragraph (1) is
commenced, the Secretary of Defense shall designate and identify that
operation for the purposes of this section and shall promptly notify
Congress of that designation (and of the identification of the
operation).
``(3) This section does not provide authority for the President or
the Secretary of Defense to carry out any operation, but establishes
mechanisms for the Department of Defense by which funds are provided
for operations that the armed forces are required to carry out under
some other authority.
``(b) Waiver of Requirement To Reimburse Support Units.--(1) The
Secretary of Defense shall direct that, when a unit of the armed forces
participating in an operation described in subsection (a) receives
services from an element of the Department of Defense that operates
through the Defense Business Operations Fund (or a successor fund),
such unit of the armed forces may not be required to reimburse that
element for the incremental costs incurred by that element in providing
such services, notwithstanding any other provision of law or any
Government accounting practice.
``(2) The amounts which but for paragraph (1) would be required to
be reimbursed to an element of the Department of Defense (or a fund)
shall be recorded as an expense attributable to the operation and shall
be accounted for separately.
``(c) Transfer Authority.--(1) Whenever there is an operation of
the Department of Defense described in subsection (a), the Secretary of
Defense may, subject to the provisions of appropriations Acts, transfer
amounts described in paragraph (3) to accounts from which incremental
expenses for that operation were incurred in order to reimburse those
accounts for those incremental expenses. Amounts so transferred shall
be merged with and be available for the same purposes as the accounts
to which transferred.
``(2) The total amount that the Secretary of Defense may transfer
under the authority of this section in any fiscal year is $200,000,000.
``(3) Transfers under this subsection may only be made from amounts
appropriated to the Department of Defense for any fiscal year that
remain available for obligation from any of the following accounts:
``(A) Environmental Restoration, Defense.
``(B) Cooperative Threat Reduction programs.
``(C) Overseas Humanitarian, Disaster, and Civic Aid
(OHDACA) programs.
``(D) Operations and Maintenance, Defense-Wide (but only
from funds available for administration and service-wide
activities).
``(4) The authority provided by this subsection is in addition to
any other authority provided by law authorizing the transfer of amounts
available to the Department of Defense. However, the Secretary may not
use any such authority under another provision of law for a purpose
described in paragraph (1) if there is authority available under this
subsection for that purpose.
``(5) The authority provided by this subsection to transfer amounts
may not be used to provide authority for an activity that has been
denied authorization by Congress.
``(6) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the amount
authorized for the account to which the amount is transferred by an
amount equal to the amount transferred.
``(d) Financial Plan.--(1) Within 30 days after the beginning of an
operation described in subsection (a), the Secretary of Defense shall
submit to Congress a financial plan for the operation that sets forth
the manner by which the Secretary proposes to obtain funds for the cost
to the United States of the operation. The plan shall specify in detail
how the Secretary proposes to restore balances in the Defense Business
Operations Fund (or a successor fund) to the levels that would have
been anticipated but for the provisions of subsection (b). The
Secretary may not include in such a plan a means to restore such
balances that is prohibited by paragraph (2) or (4).
``(2) The Secretary may not restore (or propose in a plan under
paragraph (1) to restore) balances in the Defense Business Operations
Fund through increases in rates charged by that fund in order to
compensate for costs incurred and not reimbursed due to subsection (b).
``(3) If the Secretary of Defense transfers funds under subsection
(c), the Secretary shall submit to Congress, within 30 days of such
transfer, a plan for the restoration of the balance in the each account
from which the transfer was made to the level that would have been the
case but for the transfer.
``(4) The Secretary may not restore (or propose in a plan under
paragraph (1) or (3) to restore) balances in any the Defense Business
Operations Fund or any other fund or account through the use of
unobligated amounts in an appropriation made for operation and
maintenance that are available within that appropriation for an account
(known as a budget activity 1 account) that is specified as being for
operating forces.
``(e) Submission of Requests for Supplemental Appropriations.--(1)
Whenever there is an operation described in subsection (a), the
President shall submit to Congress a request for the enactment of
supplemental appropriations for the then-current fiscal year, to be
designated as an emergency supplemental appropriations, in order to
provide funds to replenish the Defense Business Operations Fund or any
other fund or account of the Department of Defense from which funds for
the incremental expenses of that operation were derived under this
section.
``(2) A request under paragraph (1) shall be submitted not later
than the earlier of (A) the time at which incremental expenses for the
operation exceed $10,000,000, or (B) 90 days after the date on which
the operation begins. The request shall be submitted as a separate
request from any other legislative proposal.
``(f) Incremental Costs.--For purposes of this section, incremental
costs of the Department of Defense with respect to an operation are the
costs of the Department that are directly attributable to the operation
(and would not have been incurred but for the operation).
``(g) Relationship to War Powers Resolution.--This section may not
be construed as altering or superseding the War Powers Resolution. This
section does not provide authority to conduct any military operation.
``(h) GAO Compliance Reviews.--The Comptroller General of the
United States shall from time to time, and when requested by a
committee of Congress, conduct a review of the defense funding
structure under this section to determine whether the Department of
Defense is complying with the requirements and limitations of this
section.
``Sec. 127b. Budgeting for ongoing operations
``(a) Requirement for Inclusion in Budget.--In the case of an
operation of the Department of Defense described in subsection (c), the
President shall include with the budget submitted to Congress pursuant
to section 1105 of title 31 for the next fiscal year a specific request
for enactment of legislation to provide for the provision of funds for
such operation for that fiscal year in a manner that will result in
there not being a lower amount of funds available to the Department of
Defense for that fiscal year than would be the case if that operation
were not carried out during that year. Such a request shall include one
or more of the following:
``(1) A request for enactment of appropriation of funds for
the incremental costs for that operation that are expected to
be incurred by the Department of Defense during the fiscal year
for which the budget is submitted, with such funds to be
provided in, and charged to, a budget function other than the
national defense budget function (function 050).
``(2) A request for enactment of appropriation of funds for
the incremental costs for that operation that are expected to
be incurred by the Department of Defense during the fiscal year
for which the budget is submitted, with such designations or
waivers as may be necessary to ensure that (if enacted) such
appropriations are not counted against the total amount of
funds for the Department of Defense, or for the national
defense budget function, for purpose of any statutory
limitation or restriction.
``(3) A request for enactment of rescissions.
``(b) Limitation.--In the case of any operation to which the
requirement of subsection (a) applies, no funds may be obligated or
expended for that operation after the beginning of the fiscal year for
which the budget is submitted if the requirement in subsection (a) is
not complied with.
``(c) Covered Operations.--This section applies with respect to any
operation of the Department of Defense involving the use of the Armed
Forces that--
``(1) is ongoing in the first quarter of a fiscal year;
``(2) is not expected to end during the current fiscal
year;
``(3) for which appropriations were not specifically
provided in advance for the current fiscal year.
``(d) Waiver Authority.--The President may waive the provisions of
this section for any fiscal year--
``(1) during which there is in effect a declaration of war;
or
``(2) during which authority is in effect pursuant to
section 12302 of this title to order units and members of the
Ready Reserve to active duty without the consent of the persons
concerned.''.
(2) The table of sections at the beginning of such chapter is
amended by striking out the item relating to section 127a and inserting
in lieu thereof the following:
``127a. Operations for which funds are not provided in advance: funding
mechanisms.
``127b. Budgeting for ongoing operations.''.
(b) Effective Date.--The amendment to section 127a of title 10,
United States Code, made by subsection (a) shall take effect on October
1, 1995, and shall apply to any operation of the Department of Defense,
whether begun before, on, or after such date. In the case of any
operation begun before such date, any reference in such section to the
date of the beginning of such operation shall be treated as referring
to the effective date under the preceding sentence.
SEC. 1004. DESIGNATION AND LIABILITY OF DISBURSING AND CERTIFYING
OFFICIALS.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31, United
States Code, is amended by striking out paragraph (2) and inserting in
lieu thereof the following:
``(2) The Department of Defense.
``(3) The Coast Guard (when not operating as a service in
the Navy).''.
(2) Section 2773 of title 10, United States Code, is amended--
(A) in subsection (a)--
(i) by striking out ``With the approval of the
Secretary of a military department when the Secretary
considers it necessary, a disbursing official of the
military department'' and inserting in lieu thereof
``Subject to paragraph (3), a disbursing official of
the Department of Defense''; and
(ii) by adding at the end the following new
paragraph:
``(3) A disbursing official may make a designation under paragraph
(1) only with the approval of the Secretary of Defense or, in the case
of a disbursing official of a military department, the Secretary of
that military department.''; and
(B) in subsection (b)(1)--
(i) by striking out ``any military department'' and
inserting in lieu thereof ``the Department of
Defense''; and
(ii) by striking out ``2d month'' and inserting in
lieu thereof ``second month''.
(b) Designation of Members of the Armed Forces To Have Authority To
Certify Vouchers.--(1) Section 3325(b) of title 31, United States Code,
is amended to read as follows:
``(b) In addition to officers and employees referred to in
subsection (a)(1)(B) of this section as having authorization to certify
vouchers, the Secretary of Defense and the Secretary of Transportation
(with respect to the Coast Guard when it is not operating as a service
in the Navy) may authorize, in writing, members of the armed forces
under their jurisdiction to certify vouchers.''.
(2) Section 3528(d) of title 31, United States Code, is repealed.
(c) Relief of Accountable Officials and Agents From Liability.--
Section 3527(b)(1) of title 31, United States Code, is amended--
(1) by striking out ``armed forces'' in the matter
preceding subparagraph (A) and inserting in lieu thereof
``Department of Defense or the Coast Guard''; and
(2) in subparagraph (A), by striking out ``appropriate
Secretary of the military department of the Department of
Defense'' and inserting in lieu thereof ``Secretary of
Transportation (with respect to the Coast Guard when it is not
operating as a service in the Navy)''.
(d) Conforming Amendments.--(1) Section 1012 of title 37, United
States Code, is amended by striking out ``Secretary concerned'' both
places it appears and inserting in lieu thereof ``Secretary of
Defense''.
(2)(A) Section 7863 of title 10, United States Code, is amended--
(i) in the first sentence, by striking out ``disbursements
of public moneys or'' and ``the money was paid or''; and
(ii) in the second sentence, by striking out ``disbursement
or''.
(B)(i) The heading of such section is amended to read as follows:
``Sec. 7863. Disposal of public stores by order of commanding
officer''.
(ii) The item relating to such section in the table of sections at
the beginning of chapter 661 of such title is amended to read as
follows:
``7863. Disposal of public stores by order of commanding officer.''.
SEC. 1005. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR
1995 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 1995 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 1995 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1995 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1995 defense appropriations.--The term
``fiscal year 1995 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1995 in the Department of Defense
Appropriations Act, 1995 (Public Law 103-335).
(2) Fiscal year 1995 defense authorizations.--The term
``fiscal year 1995 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense for
fiscal year 1995 in the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337).
SEC. 1006. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1995.
(a) Adjustment to Previous Authorizations.--Amounts authorized to
be appropriated to the Department of Defense for fiscal year 1995 in
the National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337) are hereby adjusted, with respect to any such 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 title I of the Emergency
Supplemental Appropriations and Rescissions for the Department of
Defense to Preserve and Enhance Military Readiness Act of 1995 (Public
Law 104-6).
(b) New Authorization.--The appropriation provided in section 104
of such Act is hereby authorized.
SEC. 1007. PROHIBITION OF INCREMENTAL FUNDING OF PROCUREMENT ITEMS.
Section 114 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) No funds may be appropriated, or authorized to be
appropriated, for any fiscal year for a purpose named in paragraph (1),
(3), (4), or (5) of subsection (a) using incremental funding.
``(2) In the budget submitted by the President for any fiscal year,
the President may not request appropriations, or authorization of
appropriations, on the basis of incremental funding for a purpose
specified in paragraph (1).
``(3) In this subsection, the term `incremental funding' means the
provision of funds for a fiscal year for a procurement in less than the
full amount required for procurement of a complete and usable product,
with the expectation (or plan) for additional funding to be made for
subsequent fiscal years to complete the procurement of a complete and
usable product.
``(4) This subsection does not apply with respect to funding
classified as advance procurement funding.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1021. CONTRACT OPTIONS FOR LMSR VESSELS.
(a) Findings.--Congress makes the following findings:
(1) A requirement for the Department of the Navy to acquire
19 large, medium-speed, roll-on/roll-off (LMSR) vessels was
established by the Secretary of Defense in the Mobility
Requirements Study conducted after the Persian Gulf War
pursuant to section 909 of the National Defense Authorization
Act for Fiscal Year 1991 (Public law 101-510; 104 Stat. 1623)
and was revalidated by the Secretary of Defense in the report
entitled ``Mobility Requirements Study Bottom-Up Review
Update'', submitted to Congress in April 1995.
(2) The Strategic Sealift Program is a vital element of the
national military strategy calling for the Nation to be able to
fight and win two nearly simultaneous major regional
contingencies.
(3) The Secretary of the Navy has entered into contracts
with shipyards covering acquisition of a total of 17 such LMSR
vessels, of which five are vessel conversions and 12 are new
construction vessels. Under those contracts, the Secretary has
placed orders for the acquisition of 11 vessels and has options
for the acquisition of six more, all of which would be new
construction vessels. The options allow the Secretary to place
orders for one vessel to be constructed at each of two
shipyards for award before December 31, 1995, December 31,
1996, and December 31, 1997, respectively.
(4) Acquisition of an additional two such LMSR vessels, for
a total of 19 vessels (the requirement described in paragraph
(1)) would contribute to preservation of the industrial base of
United States shipyards capable of building auxiliary and
sealift vessels.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should plan for, and budget to provide for, the
acquisition as soon as possible of a total of 19 large, medium-speed,
roll-on/roll-off (LMSR) vessels (the number determined to be required
in the Mobility Requirements Study referred to in subsection (a)(1)),
rather than only 17 such vessels (the number of vessels under contract
as of May 1995).
(c) Additional New Construction Contract Option.--The Secretary of
the Navy should negotiate with each of the two shipyards holding new
construction contracts referred to in subsection (a)(3) (Department of
the Navy contracts numbered N00024-93-C-2203 and N00024-93-C-2205) for
an option under each such contract for construction of one additional
such LMSR vessel, with such option to be available to the Secretary for
exercise during 1995, 1996, or 1997.
(d) Report.--The Secretary of the Navy shall submit to the
congressional defense committees, by March 31, 1996, a report stating
the intentions of the Secretary regarding the acquisition of options
for the construction of two additional LMSR vessels as described in
subsection (c).
SEC. 1022. VESSELS SUBJECT TO REPAIR UNDER PHASED MAINTENANCE
CONTRACTS.
(a) In General.--(1) Chapter 633 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7315. Phased maintenance contracts: vessels covered
``In any case in which the Secretary of the Navy enters into a
contract for the phased maintenance of a class of vessels or vessels of
an identified type, the Secretary shall ensure that--
``(1) any vessel that is covered by the contract when it is
entered into remains covered by the contract, regardless of
operating command to which the vessel is subsequently assigned,
unless the vessel is taken out of service for the Department of
the Navy; and
``(2) any vessel of a class or type covered by the contract
that is delivered to the Navy while the contract is in effect
is covered by the contract.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7315. Phased maintenance contracts: vessels covered.''.
(b) Effective Date.--Section 7315 of title 10, United States Code, as
added by subsection (a), shall apply with respect to contracts entered
into after the date of the enactment of this Act.
SEC. 1023. CLARIFICATION OF REQUIREMENTS RELATING TO REPAIRS OF
VESSELS.
Section 7310(a) of title 10, United States Code, is amended by
inserting ``or Guam'' after ``the United States'' the second place it
appears.
SEC. 1024. NAMING OF NAVAL VESSEL.
It is the sense of Congress that the Secretary of the Navy should
name an appropriate ship of the United States Navy the U.S.S. Joseph
Vittori, in honor of Marine Corporal Joseph Vittori (1929-1951) of
Beverly, Massachusetts, who was posthumously awarded the Medal of Honor
for actions against the enemy in Korea on September 15-16, 1951.
SEC. 1025. TRANSFER OF RIVERINE PATROL CRAFT.
(a) Authority To Transfer Vessel.--Notwithstanding subsections (a)
and (d) of section 7306 of title 10, United States Code, but subject to
subsections (b) and (c) of that section, the Secretary of the Navy may
transfer a vessel described in subsection (b) to Tidewater Community
College, Portsmouth, Virginia, for scientific and educational purposes.
(b) Vessel.--The authority under subsection (a) applies in the case
of a riverine patrol craft of the U.S.S. Swift class.
(c) Limitation.--The transfer authorized by subsection (a) may be
made only if the Secretary determines that the vessel to be transferred
is of no further use to the United States for national security
purposes.
(d) Terms and Conditions.--The Secretary may require such terms and
conditions in connection with the transfer authorized by this section
as the Secretary considers appropriate.
Subtitle C--Other Matters
SEC. 1031. TERMINATION AND MODIFICATION OF AUTHORITIES REGARDING
NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND DEFENSE CONVERSION PROGRAMS.
(a) Congressional Defense Policy.--Section 2501 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking out paragraph (5); and
(2) in subsection (b)--
(A) by striking out ``Defense Reinvestment,
Diversification, and Conversion'' in the subsection
heading and inserting in lieu thereof ``Technology
Development for National Security'';
(B) by striking out ``, during a period of
reduction in defense expenditures,'' in the matter
preceding paragraph (1);
(C) by striking out ``of reinvestment,
diversification, and conversion of defense resources''
in the matter preceding paragraph (1); and
(D) in paragraph (5), by striking out ``defense
economic reinvestment'' and inserting in lieu thereof
``economic investment''.
(b) National Defense Technology and Industrial Base Council.--
Section 2502(c) of such title is amended--
(1) in paragraph (1)(B), by striking out ``, during a
period of reduction in defense expenditures, the defense
reinvestment, diversification, and conversion objectives'' and
inserting in lieu thereof ``the objectives'';
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(c) Modification of Defense Dual-Use Critical Technology
Partnerships Program.--(1) Subsection (a) of section 2511 of such title
is amended--
(A) by striking out ``Partnerships'' in the subsection
heading and inserting in lieu thereof ``Program'';
(B) in the first sentence, by striking out ``, by providing
for the establishment'' and all that follows through
``encourage and provide'' and inserting in lieu thereof ``by
encouraging and providing'';
(C) in the second sentence, by striking out ``in order to
establish the partnerships'' and inserting in lieu thereof ``in
furtherance of the program''; and
(D) by adding at the end the following new sentence: ``The
Secretary shall identify projects to be conducted as part of
the program.''.
(2) Such section is further amended by striking out subsections
(b), (c), and (d) and inserting in lieu thereof the following new
subsection:
``(b) Assistance Authorized.--The Secretary of Defense may provide
technical and other assistance to facilitate the achievement of the
purposes of projects conducted under the program. In providing such
assistance, the Secretary may make available, as appropriate for the
work to be performed, equipment and facilities of Department of Defense
laboratories (including the scientists and engineers at those
laboratories) for purposes of projects selected by the Secretary.''.
(3) Such section is further amended--
(A) by redesignating subsections (e), (f), and (g), as
subsections (c), (d), and (e), respectively;
(B) in subsection (c), as so redesignated, by striking out
``establishment of partnerships'' and inserting in lieu thereof
``conduct of the program''; and
(C) in subsection (d), as so redesignated--
(i) by striking out ``proposed partnerships for
establishment under this section'' in the matter
preceding paragraph (1) and inserting in lieu thereof
``projects under the program'';
(ii) in paragraphs (1) and (2), by striking out
``program proposed to be conducted by the partnership''
both places it appears and inserting in lieu thereof
``proposed project'';
(iii) in paragraph (3), by striking out
``partnership's'' and inserting in lieu thereof
``proposed project's''; and
(iv) in paragraphs (4) through (7), by striking out
``partnership'' each place it appears and inserting in
lieu thereof ``project''.
(d) Repeal of Commercial-Military Integration Partnerships
Program.--Section 2512 of such title is repealed.
(e) Repeal of Regional Technology Alliances Assistance Program.--
Section 2513 of such title is repealed.
(f) Military-Civilian Integration and Technology Transfer Advisory
Board.--Section 2516(b) of such title is amended--
(1) by inserting ``and'' at the end of paragraph (2);
(2) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(3) by striking out paragraph (4).
(g) Federal Defense Laboratory Diversification Program.--Section
2519 of such title is amended--
(1) in subsection (b), by striking out ``referred to in
section 2511(b) of this title'';
(2) in subsection (d)--
(A) by striking out ``(1)'' before ``The Secretary
shall''; and
(B) by striking out paragraph (2); and
(3) in subsection (f), by striking out ``section 2511(f)''
and inserting in lieu thereof ``section 2511(d)''.
(h) Repeal of Navy Reinvestment Program.--Section 2520 of such
title is repealed.
(i) Repeal of National Defense Manufacturing Technology Program.--
Section 2521 of such title is repealed.
(j) Repeal of Defense Advanced Manufacturing Technology
Partnerships Program.--Section 2522 of such title is repealed.
(k) Repeal of Manufacturing Extension Program.--Section 2523 of
such title is repealed.
(l) Repeal of Defense Dual-Use Assistance Extension Program.--
Section 2524 of such title is repealed.
(m) Clerical Amendments.--(1) The heading of section 2511 of such
title is amended to read as follows:
``Sec. 2511. Defense dual-use critical technology program''.
(2) The table of sections at the beginning of subchapter III of
chapter 148 of such title is amended--
(A) by striking out the item relating to section 2511 and
inserting in lieu thereof the following new item:
``2511. Defense dual-use critical technology program.''; and
(B) by striking out the items relating to sections 2512,
2513, and 2520.
(3) The table of sections at the beginning of subchapter IV of such
chapter is amended by striking out the items relating to sections 2521,
2522, 2523, and 2524.
SEC. 1032. REPEAL OF MISCELLANEOUS PROVISIONS OF LAW.
(a) Volunteers Investing in Peace and Security Program.--(1)
Chapter 89 of title 10, United States Code, is repealed.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of such title are amended by
striking out the item relating to chapter 89.
(b) Security and Control of Supplies.--(1) Chapter 171 of such
title is repealed.
(2) The tables of sections at the beginning of subtitle A, and at
the beginning of part IV of subtitle A, of such title are each amended
by striking out the item relating to chapter 171.
(c) Annual Authorization of Military Training Student Loads.--
Section 115 of such title is amended--
(1) in subsection (a), by striking out paragraph (3);
(2) in subsection (b)--
(A) by inserting ``or'' at the end of paragraph
(1);
(B) by striking out ``; or'' at the end of
paragraph (2) and inserting in lieu thereof a period;
and
(C) by striking out paragraph (3); and
(3) by striking out subsection (f).
(d) Portions of Annual Manpower Requirements Report.--Section 115a
of such title is amended--
(1) in subsection (b)(2), by striking out subparagraph (C);
(2) by striking out subsection (d);
(3) by redesignating subsection (e) as subsection (d) and
striking out paragraphs (4) and (5) thereof;
(4) by striking out subsection (f); and
(5) by redesignating subsection (g) as subsection (e).
(e) Obsolete Authority for Payment of Stipends for Members of
Certain Advisory Committees and Boards of Visitors of Service
Academies.--(1) The second sentence of each of sections 173(b) and
174(b) of such title is amended to read as follows: ``Other members and
part-time advisers shall (except as otherwise specifically authorized
by law) serve without compensation for such service.''.
(2) Sections 4355(h), 6968(h), and 9355(h) of such title are
amended by striking out ``is entitled to not more than $5 a day and''.
(f) Annual Budget Information Concerning Recruiting Costs.--(1)
Section 227 of such title is repealed.
(2) The table of sections at the beginning of chapter 9 of such
title is amended by striking out the item relating to section 227.
(g) Expired Authority Relating to Peacekeeping Activities.--(1)
Section 403 of such title is repealed.
(2) The table of sections at the beginning of subchapter I of
chapter 20 of such title is amended by striking out the item relating
to section 403.
(h) Management Training Program in Japanese Language and Culture.--
(1) Section 2198 of such title is repealed.
(2) The table of sections at the beginning of chapter 111 of such
title is amended by striking out the item relating to section 2198.
(i) Procurement of Gasohol for Department of Defense Motor
Vehicles.--(1) Subsection (a) of section 2398 of such title is
repealed.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(B) in subsection (b), as so redesignated, by striking out
``subsection (b)'' and inserting in lieu thereof ``subsection
(a)''.
(j) Requirement of Notice of Certain Disposals and Gifts by
Secretary of Navy.--Section 7545 of such title is amended by striking
out subsection (c).
(k) Annual Report on Biological Defense Research Program.--(1)
Section 2370 of such title is repealed.
(2) The table of sections at the beginning of chapter 139 of such
title is amended by striking out the item relating to such section.
(l) Reports and Notifications Relating to Chemical and Biological
Agents.--(1) Subsection (a) of section 409 of Public Law 91-121 (50
U.S.C. 1511) is repealed.
(2) Subsection (b) of such section (50 U.S.C. 1512) is amended--
(A) by inserting ``and'' at the end of paragraph (2);
(B) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(C) by striking out paragraph (4).
(3) Subsection (c) of such section (50 U.S.C. 1513) is amended by
striking out the second sentence of paragraph (1).
(m) Provision Giving Permanent Status to Executive Order Relating
to Naval Nuclear Propulsion Program.--Section 1634 of the Department of
Defense Authorization, 1985 (Public Law 98-525; 98 Stat. 2649; 42
U.S.C. 7158 note), is repealed.
(n) Annual Report on Balanced Technology Initiative.--Subsection
(e) of section 211 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1394) is repealed.
(o) Obsolete Authority Regarding Anniston Army Depot, Alabama.--
Section 352 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1539) is repealed.
(p) Report on Environmental Restoration Costs for Installations To
Be Closed Under 1990 Base Closure Law.--Section 2827 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 2687 note) is amended by striking out subsection
(b).
(q) Limitation on American Diplomatic Facilities in Germany.--
Section 1432 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 107 Stat. 1833) is repealed.
(r) Requirement Relating to Athletic Director of Naval Academy.--
Section 556(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2774) (including the section
of title 10, United States Code, added by that section effective
January 1, 1996, and the table of sections item added by that section)
is repealed.
SEC. 1033. POLICY CONCERNING EXCESS DEFENSE INDUSTRIAL CAPACITY.
(a) Findings.--Congress finds as follows:
(1) The Base Closure and Realignment Commissions have
recommended that certain Government-owned defense industrial
facilities which produce goods and services that were required
during the Cold War, but which are no longer required for the
national security, be closed.
(2) The Secretary of Defense has determined that the
maintenance of certain other Government-owned defense
industrial facilities is necessary to support the research,
development, and manufacture of goods and services that are
still required to protect the security of the United States.
(3) These Government-owned defense industrial facilities
are critical to the security of the Nation and should remain
under Government control.
(4) Current work requirements at some of these Government-
owned defense industrial facilities have fallen below a
reasonably economic level of operation, increasing the cost of
producing required goods and services.
(5) Existing law and policy have failed to address
adequately the supplemental requirements necessary to operate
these Government-owned defense industrial facilities in a cost-
efficient manner and, thereby, to maintain appropriate
readiness for future national security needs.
(6) The security interests of the United States would be
served by the establishment under law of a policy that requires
the best-value operation of Government-owned defense industrial
facilities.
(7) Such a policy should include, but not necessarily be
limited to, requirements that--
(A) the required capability and capacity not being
fully used at such Government-owned facilities be
maintained with separate funding so as to stabilize
operational costs; and
(B) those facilities not be limited by workyear/end
strength hiring constraints.
(b) Prohibition.--No funds appropriated pursuant to an
authorization of appropriations in this Act may be used for capital
investment in, or the development and construction of, a Government-
owned, Government-operated defense industrial facility unless the
Secretary of Defense certifies to the Congress that no similar
capability or minimally used capacity exists in any other Government-
owned, Government-operated defense industrial facility.
SEC. 1034. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants and
contracts
``(a) Denial of Department of Defense Grants and Contracts.--(1) No
funds appropriated or otherwise available to the Department of Defense
may be made obligated by contract or by grant (including a grant of
funds to be available for student aid) to any institution of higher
education that, as determined by the Secretary of Defense, has an anti-
ROTC policy and at which, as determined by the Secretary, the Secretary
would otherwise maintain or seek to establish a unit of the Senior
Reserve Officer Training Corps or at which the Secretary would
otherwise enroll or seek to enroll students for participation in a unit
of the Senior Reserve Officer Training Corps at another nearby
institution of higher education.
``(2) In the case of an institution of higher education that is
ineligible for Department of Defense grants and contracts by reason of
paragraph (1), the prohibition under that paragraph shall cease to
apply to that institution upon a determination by the Secretary that
the institution no longer has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary makes a
determination under subsection (a) that an institution has an anti-ROTC
policy, or that an institution previously determined to have an anti-
ROTC policy no longer has such a policy, the Secretary--
``(1) shall transmit notice of that determination to the
Secretary of Education and to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives; and
``(2) shall publish in the Federal Register notice of that
determination and of the effect of that determination under
subsection (a)(1) on the eligibility of that institution for
Department of Defense grants and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary shall
publish in the Federal Register once every six months a list of each
institution of higher education that is currently ineligible for
Department of Defense grants and contracts by reason of a determination
of the Secretary under subsection (a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-ROTC
policy' means a policy or practice of an institution of higher
education that--
``(1) prohibits, or in effect prevents, the Secretary of
Defense from maintaining or establishing a unit of the Senior
Reserve Officer Training Corps at that institution, or
``(2) prohibits, or in effect prevents, a student at that
institution from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense
grants and contracts.''.
SEC. 1035. APPLICATION OF BUY AMERICAN ACT PRINCIPLES.
(a) Reinstatement of Principles.--(1) If the Secretary of Defense,
after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense
shall rescind the Secretary's blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) Report.--The Secretary of Defense shall submit to Congress a
report on the amount of Department of Defense purchases from foreign
entities in fiscal year 1996. Such report shall separately indicate the
dollar value of items for which the Buy American Act was waived
pursuant to any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international
agreement to which the United States is a party.
(c) Definition.--For purposes of this section, the term ``Buy
American Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for the
fiscal year ending June 30, 1934, and for other purposes'', approved
March 3, 1933 (41 U.S.C. 10a et seq.).
TITLE XI--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
(a) In General.--For purposes of section 301 and other provisions
of this Act, Cooperative Threat Reduction programs are the programs
specified in subsection (b).
(b) Specified Programs.--The programs referred to in subsection (a)
are the following:
(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of nuclear, chemical,
and other weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear
weapons.
(3) Programs to prevent the proliferation of weapons,
weapons components, and weapons-related technology and
expertise.
(4) Programs to expand military-to-military and defense
contacts.
SEC. 1102. FISCAL YEAR 1996 AUTHORIZATION.
Of the amount authorized in section 301 for Cooperative Threat
Reduction programs, not more than the following amounts shall be
available for the purposes specified:
(1) $50,000,000 for elimination of Russian strategic
offensive weapons.
(2) $20,000,000 for elimination of Ukraine strategic
nuclear weapons.
(3) $15,000,000 for elimination of Kazakhstan strategic
nuclear weapons.
(4) $5,000,000 for elimination of Belarus strategic nuclear
weapons.
(5) $6,000,000 for design of a storage facility for Russian
fissile material.
(6) $42,500,000 for weapons security in Russia.
(7) $35,000,000 for nuclear infrastructure elimination in
Ukraine, Belarus, and Kazakhstan.
(8) $10,000,000 for activities designated as Defense and
Military Contacts/General Support/Training in Russia, Ukraine,
Belarus, and Kazakhstan.
(9) $16,500,000 for activities designated as Other
Assessments/Support.
SEC. 1103. REPEAL OF DEMILITARIZATION ENTERPRISE FUND AUTHORITY.
Section 1204 of the Cooperative Threat Reduction Act of 1993 (title
XII of Public Law 103-160; 22 U.S.C. 5953) is repealed.
SEC. 1104. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING EXERCISES AND
RELATED ACTIVITIES WITH RUSSIA.
None of the funds appropriated pursuant to the authorization in
section 301 for Cooperative Threat Reduction programs may be obligated
or expended for the purpose of conducting with Russia any peacekeeping
exercise or other peacekeeping-related activity.
SEC. 1105. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
DESTRUCTION.
Section 211(b) of Public Law 102-228 (105 Stat. 1694) is amended by
striking out ``committed to'' in the matter preceding paragraph (1).
SEC. 1106. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) Annual Requirement.--(1) Not less than 15 days before any
obligation of any funds appropriated for any fiscal year for a program
specified under section 1101 as a Cooperative Threat Reduction program,
the Secretary of Defense shall submit to the congressional committees
specified in paragraph (2) a report on that proposed obligation for
that program for that fiscal year.
(2) The congressional committees referred to in paragraph (1) are
the following:
(A) The Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
(B) The Committee on National Security, the Committee on
International Relations, and the Committee on Appropriations of
the House of Representatives.
(b) Matters To Be Specified in Reports.--Each such report shall
specify--
(1) the activities and forms of assistance for which the
Secretary of Defense plans to obligate funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement (if any) of any department or
agency of the United States (in addition to the Department of
Defense) and of the private sector of the United States in the
activities and forms of assistance for which the Secretary of
Defense plans to obligate such funds.
SEC. 1107. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) Report.--(1) The Secretary of Defense shall submit to Congress
an annual report on the efforts made by the United States (including
efforts through the use of audits, examinations, and on-site
inspections) to ensure that assistance provided under Cooperative
Threat Reduction programs is fully accounted for and that such
assistance is being used for its intended purposes.
(2) A report shall be submitted under this section not later than
January 31 of each year until the Cooperative Threat Reduction programs
are completed.
(b) Information To Be Included.--Each report under this section
shall include the following:
(1) A list of cooperative threat reduction assistance that
has been provided before the date of the report.
(2) A description of the current location of the assistance
provided and the current condition of such assistance.
(3) A determination of whether the assistance has been used
for its intended purpose.
(4) A description of the activities planned to be carried
out during the next fiscal year to ensure that cooperative
threat reduction assistance provided during that fiscal year is
fully accounted for and is used for its intended purpose.
(c) Comptroller General Assessment.--Not later than 30 days after
the date on which a report of the Secretary under subsection (a) is
submitted to Congress, the Comptroller General of the United States
shall submit to Congress a report giving the Comptroller General's
assessment of the report and making any recommendations that the
Comptroller General considers appropriate.
SEC. 1108. LIMITATION ON COOPERATIVE THREAT REDUCTION PROGRAM RELATING
TO OFFENSIVE BIOLOGICAL WEAPONS PROGRAM IN RUSSIA.
None of the funds appropriated pursuant to the authorization in
section 301 for Cooperative Threat Reduction programs may be obligated
or expended for programs or activities with Russia unless and until the
President submits to Congress a certification in writing that Russia
has terminated its offensive biological weapons program.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
SEC. 1201. LIMITATION ON EXPENDITURE OF DEPARTMENT OF DEFENSE FUNDS FOR
UNITED STATES FORCES PLACED UNDER UNITED NATIONS COMMAND
OR CONTROL.
(a) In General.--(1) Chapter 20 of title 10, United States Code, is
amended by inserting after section 404 the following new section:
``Sec. 405. Placement of United States forces under United Nations
command or control: limitation
``(a) Limitation.--Except as provided in subsections (b) and (c),
funds appropriated or otherwise made available for the Department of
Defense may not be obligated or expended for activities of any element
of the Armed Forces that after the date of the enactment of this
section is placed under United Nations command or control, as defined
in subsection (f).
``(b) Exception for Presidential Certification.--(1) Subsection (a)
shall not apply in the case of a proposed placement of an element of
the Armed Forces under United Nations command or control if the
President, not less than 15 days before the date on which such United
Nations command or control is to become effective (or as provided in
paragraph (2)), meets the requirements of subsection (d).
``(2) If the President certifies to Congress that an emergency
exists that precludes the President from meeting the requirements of
subsection (d) 15 days before placing an element of the Armed Forces
under United Nations command or control, the President may place such
forces under such command or control and meet the requirements of
subsection (d) in a timely manner, but in no event later than 48 hours
after such command or control becomes effective.
``(c) Additional Exceptions.--
``(1) Exception for authorization by law.--Subsection (a)
shall not apply in the case of a proposed placement of any
element of the Armed Forces under United Nations command or
control if the Congress specifically authorizes by law that
particular placement of United States forces under United
Nations command or control.
``(2) Exception for nato operations.--Subsection (a) shall
not apply in the case of a proposed placement of any element of
the armed forces in an operation conducted by the North
Atlantic Treaty Organization.
``(d) Presidential Certifications.--The requirements referred to in
subsection (b)(1) are that the President submit to Congress the
following:
``(1) Certification by the President that--
``(A) such a United Nations command or control
arrangement is necessary to protect national security
interests of the United States;
``(B) the commander of any unit of the Armed Forces
proposed for placement under United Nations command or
control will at all times retain the right--
``(i) to report independently to superior
United States military authorities; and
``(ii) to decline to comply with orders
judged by the commander to be illegal,
militarily imprudent, or beyond the mandate of
the mission to which the United States agreed
with the United Nations, until such time as
that commander receives direction from superior
United States military authorities with respect
to the orders that the commander has declined
to comply with;
``(C) any element of the Armed Forces proposed for
placement under United Nations command or control will
at all times remain under United States administrative
command for such purposes as discipline and evaluation;
and
``(D) the United States will retain the authority
to withdraw any element of the Armed Forces from the
proposed operation at any time and to take any action
it considers necessary to protect those forces if they
are engaged.
``(2) A report setting forth the following:
``(A) A description of the national security
interests that require the placement of United States
forces under United Nations command or control.
``(B) The mission of the United States forces
involved.
``(C) The expected size and composition of the
United States forces involved.
``(D) The incremental cost to the United States of
participation in the United Nations operation by the
United States forces which are proposed to be placed
under United Nations command or control.
``(E) The precise command and control relationship
between the United States forces involved and the
United Nations command structure.
``(F) The precise command and control relationship
between the United States forces involved and the
commander of the United States unified command for the
region in which those United States forces are to
operate.
``(G) The extent to which the United States forces
involved will rely on non-United States forces for
security and self-defense and an assessment on the
ability of those non-United States forces to provide
adequate security to the United States forces involved.
``(H) The timetable for complete withdrawal of the
United States forces involved.
``(e) Classification of Report.--A report under subsection (d)
shall be submitted in unclassified form and, if necessary, in
classified form.
``(f) United Nations Command or Control.--For purposes of this
section, an element of the Armed Forces shall be considered to be
placed under United Nations command or control if--
``(1) that element is under the command or operational
control of an individual acting on behalf of the United Nations
for the purpose of international peacekeeping, peacemaking,
peace-enforcing, or similar activity that is authorized by the
Security Council under chapter VI or VII of the Charter of the
United Nations; and
``(2) the senior military commander of the United Nations
force or operation--
``(A) is a foreign national or is a citizen of the
United States who is not a United States military
officer serving on active duty; or
``(B) is a United States military officer serving
on active duty but--
``(i) that element of the armed forces is
under the command or operational control of a
subordinate commander who is a foreign national
or a citizen of the United States who is not a
United States military officer serving on
active duty; and
``(ii) that senior military commander does
not have the authority--
``(I) to dismiss any subordinate
officer in the chain of command who is
exercising command or operational
control over United States forces and
who is a foreign national or a citizen
of the United States who is not a
United States military officer serving
on active duty;
``(II) to establish rules of
engagement for United States forces
involved; and
``(III) to establish criteria
governing the operational employment of
United States forces involved.
``(g) Interpretation.--Nothing in this section may be construed--
``(1) as authority for the President to use any element of
the armed forces in any operation;
``(2) as authority for the President to place any element
of the armed forces under the command or operational control of
a foreign national; or
``(3) as an unconstitutional infringement on the authority
of the President as commander-in-chief.''.
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by adding at the end the following new item:
``405. Placement of United States forces under United Nations command
or control: limitation.''.
(b) Report Relating to Constitutionality.--No certification may be
submitted by the President under section 405(d)(1) of title 10, United
States Code, as added by subsection (a), until the President has
submitted to the Congress (after the date of the enactment of this Act)
a memorandum of legal points and authorities explaining why the
placement of elements of United States Armed Forces under the command
or operational control of a foreign national acting on behalf of the
United Nations does not violate the Constitution.
(c) Exception for Ongoing Operations in Macedonia and Croatia.--
Section 405 of title 10, United States Code, as added by subsection
(a), does not apply in the case of activities of the Armed Forces as
part of the United Nations force designated as the United Nations
Protection Force (UNPROFOR) that are carried out--
(1) in Macedonia pursuant to United Nations Security
Council Resolution 795, adopted December 11, 1992, and
subsequent reauthorization Resolutions; or
(2) in Croatia pursuant to United Nations Security Council
Resolution 743, adopted February 21, 1992, and subsequent
reauthorization Resolutions.
SEC. 1202. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED
STATES SHARE OF COSTS OF UNITED NATIONS PEACEKEEPING
ACTIVITIES.
(a) In General.--(1) Chapter 20 of title 10, United States Code, is
amended by inserting after section 405, as added by section 1201, the
following new section:
``Sec. 406. Use of Department of Defense funds for United States share
of costs of United Nations peacekeeping activities:
limitation
``(a) Prohibition on Use of Funds.--Funds available to the
Department of Defense may not be used to make a financial contribution
(directly or through another department or agency of the United States)
to the United Nations--
``(1) for the costs of a United Nations peacekeeping
activity; or
``(2) for any United States arrearage to the United
Nations.
``(b) Application of Prohibition.--The prohibition in subsection
(a) applies to voluntary contributions, as well as to contributions
pursuant to assessment by the United Nations for the United States
share of the costs of a peacekeeping activity.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 405, as added
by section 1201, the following new item:
``406. Use of Department of Defense funds for United States share of
costs of United Nations peacekeeping
activities: limitation.''.
(b) Effective Date.--Section 406 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1995.
Subtitle B--Humanitarian Assistance Programs
SEC. 1211. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.
For purposes of section 301 and other provisions of this Act,
programs of the Department of Defense designated as Overseas
Humanitarian, Disaster, and Civic Aid (OHDACA) programs are the
programs provided by sections 401, 402, 404, 2547, and 2551 of title
10, United States Code.
SEC. 1212. HUMANITARIAN ASSISTANCE.
Section 2551 of title 10, United States Code is amended--
(1) by striking out subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b);
(3) by striking out subsection (e) and inserting in lieu
thereof the following:
``(c) Status Reports.--(1) The Secretary of Defense shall submit to
the congressional committees specified in subsection (f) an annual
report on the provision of humanitarian assistance pursuant to this
section for the prior fiscal year. The report shall be submitted each
year at the time of the budget submission by the President for the next
fiscal year.
``(2) Each report required by paragraph (1) shall cover all
provisions of law that authorize appropriations for humanitarian
assistance to be available from the Department of Defense for the
purposes of this section.
``(3) Each report under this subsection shall set forth the
following information regarding activities during the previous fiscal
year:
``(A) The total amount of funds obligated for humanitarian
relief under this section.
``(B) The number of scheduled and completed transportation
missions for purposes of providing humanitarian assistance
under this section.
``(C) A description of any transfer of excess nonlethal
supplies of the Department of Defense made available for
humanitarian relief purposes under section 2547 of this title.
The description shall include the date of the transfer, the
entity to whom the transfer is made, and the quantity of items
transferred.'';
(4) by redesignating subsection (f) as subsection (d) and
in that subsection striking out ``the Committees on'' and all
that follows through ``House of Representatives of the'' and
inserting in lieu thereof ``the congressional committees
specified in subsection (f) and the Committees on
Appropriations of the Senate and House of Representatives of
the'';
(5) by redesignating subsection (g) as subsection (e); and
(6) by adding at the end the following new subsection:
``(f) Congressional Committees.--The congressional committees
referred to in subsections (c)(1) and (d) are the following:
``(1) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
``(2) The Committee on National Security and the Committee
on International Relations of the House of Representatives.''.
SEC. 1213. LANDMINE CLEARANCE PROGRAM.
(a) Inclusion in General Humanitarian Assistance Program.--
Subsection (e) of section 401 of title 10, United States Code, is
amended--
(1) by striking out ``means--'' and inserting in lieu
thereof ``means:'';
(2) by revising the first word in each of paragraphs (1)
through (4) so that the first letter of such word is upper
case;
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by adding at the end the following new paragraph:
``(5) Detection and clearance of landmines, including
activities relating to the furnishing of education, training,
and technical assistance with respect to the detection and
clearance of landmines.''.
(b) Limitation on Landmine Assistance by Members of Armed Forces.--
Subsection (a) of such section is amended by adding at the end the
following new paragraph:
``(4) The Secretary of Defense shall ensure that no member of the
armed forces, while providing assistance under this section that is
described in subsection (e)(5)--
``(A) engages in the physical detection, lifting, or
destroying of landmines (unless the member does so for the
concurrent purpose of supporting a United States military
operation); or
``(B) provides such assistance as part of a military
operation that does not involve the armed forces.''.
(c) Repeal.--Section 1413 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2913; 10 U.S.C. 401
note) is repealed.
Subtitle C--Other Matters
SEC. 1221. REVISION OF DEFINITION OF LANDMINE FOR PURPOSES OF LANDMINE
EXPORT MORATORIUM.
Section 1423(d)(3) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1831) is amended by
striking out ``by remote control or'' .
SEC. 1222. EXTENSION AND AMENDMENT OF COUNTERPROLIFERATION
AUTHORITIES.
(a) One-Year Extension of Program.--Section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (title XV of Public Law 102-484;
22 U.S.C. 5859a) is amended--
(1) in subsection (a), by striking out ``during fiscal
years 1994 and 1995'';
(2) in subsection (e)(1), by striking out ``fiscal years
1994 and 1995'' and inserting in lieu thereof ``a fiscal year
during which the authority of the Secretary of Defense to
provide assistance under this section is in effect''; and
(3) by adding at the end the following new subsection:
``(f) Termination of Authority.--The authority of the Secretary of
Defense to provide assistance under this section terminates at the
close of fiscal year 1996.''.
(b) Program Authorities.--(1) Subsections (b)(2) and (d)(3) of such
section are amended by striking out ``the On-Site Inspection Agency''
and inserting in lieu thereof ``the Department of Defense''.
(2) Subsection (c)(3) of such section is amended by striking out
``will be counted'' and all that follows and inserting in lieu thereof
``will be counted as discretionary spending in the national defense
budget function (function 050).''.
(c) Amount of Assistance.--Subsection (d) of such section is
amended--
(1) in paragraph (1)--
(A) by striking out ``for fiscal year 1994'' the
first place it appears and all that follows through the
period at the end of the second sentence and inserting
in lieu thereof ``for any fiscal year shall be derived
from amounts made available to the Department of
Defense for that fiscal year.''; and
(B) by striking out ``referred to in this
paragraph''; and
(2) in paragraph (3)--
(A) by striking out ``may not exceed'' and all that
follows through ``1995''; and
(B) by inserting before the period at the end the
following: ``, may not exceed $25,000,000 for fiscal
year 1994, $20,000,000 for fiscal year 1995, or
$15,000,000 for fiscal year 1996''.
SEC. 1223. PROHIBITION ON USE OF FUNDS FOR ACTIVITIES ASSOCIATED WITH
THE UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT
DEFENSE CONVERSION COMMISSION.
Funds appropriated to the Department of Defense for fiscal year
1996 may not be obligated or expended for any activity associated with
the United States-People's Republic of China Joint Defense Conversion
Commission.
SEC. 1224. DEFENSE EXPORT LOAN GUARANTEES.
(a) Establishment of Program.--(1) Chapter 148 of title 10, United
States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES
``Sec.
``2540. Establishment of loan guarantee program.
``2540a. Transferability.
``2540b. Limitations.
``2540c. Fees charged and collected.
``2540d. Definitions.
``Sec. 2540. Establishment of loan guarantee program
``(a) Establishment.--In order to meet the national security
objectives in section 2501(a) of this title, the Secretary of Defense
shall establish a program under which the Secretary may issue
guarantees assuring a lender against losses of principal or interest,
or both principal and interest, arising out of the financing of the
sale or long-term lease of defense articles, defense services, or
design and construction services to a country referred to in subsection
(b).
``(b) Covered Countries.--The authority under subsection (a)
applies with respect to the following countries:
``(1) A member nation of the North Atlantic Treaty
Organization (NATO).
``(2) A country designated as of March 31, 1995, as a major
non-NATO ally pursuant to section 2350a(i)(3) of this title.
``(3) A country that was a member nation of the Asia
Pacific Economic Cooperation (APEC) as of March 31, 1995.
``(c) Authority Subject to Provisions of Appropriation Acts.--The
Secretary may guarantee a loan under this subchapter only to such
extent or in such amounts as may be provided in advance in
appropriations Acts.
``Sec. 2540a. Transferability
``A guarantee issued under this subchapter shall be fully and
freely transferable.
``Sec. 2540b. Limitations
``(a) Terms and Conditions of Loan Guarantees.--In issuing a
guarantee under this subchapter for a medium-term or long-term loan,
the Secretary may not offer terms and conditions more beneficial than
those that would be provided to the recipient by the Export-Import Bank
of the United States under similar circumstances in conjunction with
the provision of guarantees for nondefense articles and services.
``(b) Losses Arising From Fraud or Misrepresentation.--No payment
may be made under a guarantee issued under this subchapter for a loss
arising out of fraud or misrepresentation for which the party seeking
payment is responsible.
``(c) No Right of Acceleration.--The Secretary of Defense may not
accelerate any guaranteed loan or increment, and may not pay any
amount, in respect of a guarantee issued under this subchapter, other
than in accordance with the original payment terms of the loan.
``Sec. 2540c. Fees charged and collected
``(a) In General.--The Secretary of Defense shall charge a fee
(known as `exposure fee') for each guarantee issued under this
subchapter.
``(b) Amount.--To the extent that the cost of the loan guarantees
under this subchapter is not otherwise provided for in appropriations
Acts, the fee imposed under this section with respect to a loan
guarantee shall be fixed in an amount sufficient to meet potential
liabilities of the United States under the loan guarantee.
``(c) Payment Terms.--The fee for each guarantee shall become due
as the guarantee is issued. In the case of a guarantee for a loan which
is disbursed incrementally, and for which the guarantee is
correspondingly issued incrementally as portions of the loan are
disbursed, the fee shall be paid incrementally in proportion to the
amount of the guarantee that is issued.
``Sec. 2540d. Definitions
``In this subchapter:
``(1) The terms `defense article', `defense services', and
`design and construction services' have the meanings given
those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
``(2) The term `cost', with respect to a loan guarantee,
has the meaning given that term in section 502 of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 661a).''.
(2) The table of subchapters at the beginning of such chapter is
amended by adding at the end the following new item:
``VI. Defense Export Loan Guarantees........................ 2540''.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the President shall submit to Congress a report
on the loan guarantee program established pursuant to section 2540 of
title 10, United States Code, as added by subsection (a). The report
shall include--
(1) an analysis of the costs and benefits of the loan
guarantee program; and
(2) any recommendations for modification of the program
that the President considers appropriate, including--
(A) any recommended addition to the list of
countries for which a guarantee may be issued under the
program; and
(B) any proposed legislation necessary to authorize
a recommended modification.
SEC. 1225. ACCOUNTING FOR BURDENSHARING CONTRIBUTIONS.
(a) Authority To Manage Contributions in Local Currency, Etc.--
Subsection (b) of section 2350j of title 10, United States Code, is
amended to read as follows:
``(b) Accounting.--Contributions accepted under subsection (a)
which are not related to security assistance may be accepted, managed,
and expended in dollars or in the currency of the host nation (or, in
the case of a contribution from a regional organization, in the
currency in which the contribution was provided). Any such contribution
shall be placed in an account established for such purpose and shall
remain available until expended for the purposes specified in
subsection (c). The Secretary of Defense shall establish a separate
account for such purpose for each country or regional organization from
which such contributions are accepted under subsection (a).''.
(b) Conforming Amendment.--Subsection (d) of such section is
amended by striking out ``credited under subsection (b) to an
appropriation account of the Department of Defense'' and inserting in
lieu thereof ``placed in an account established under subsection (b)''.
(c) Technical Amendment.--Such section is further amended--
(1) in subsection (e)(1), by striking out ``a report to the
congressional defense committees'' and inserting in lieu
thereof ``to the congressional committees specified in
subsection (g) a report''; and
(2) by adding at the end the following new subsection:
``(g) Congressional Committees.--The congressional committees
referred to in subsection (e)(1) are--
``(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.''.
SEC. 1226. AUTHORITY TO ACCEPT CONTRIBUTIONS FOR EXPENSES OF RELOCATION
WITHIN HOST NATION OF UNITED STATES ARMED FORCES
OVERSEAS.
(a) In General.--(1) Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2350k. Relocation within host nation of elements of armed forces
overseas
``(a) Authority to Accept Contributions.--The Secretary of Defense
may accept contributions from any nation because of or in support of
the relocation of elements of the armed forces from or to any location
within that nation. Such contributions may be accepted in dollars or in
the currency of the host nation. Any such contribution shall be placed
in an account established for such purpose and shall remain available
until expended for the purposes specified in subsection (b). The
Secretary shall establish a separate account for such purpose for each
country from which such contributions are accepted.
``(b) Use of Contributions.--The Secretary may use a contribution
accepted under subsection (a) only for payment of costs incurred in
connection with the relocation concerning which the contribution was
made. Those costs include the following:
``(1) Design and construction services, including
development and review of statements of work, master plans and
designs, acquisition of construction, and supervision and
administration of contracts relating thereto.
``(2) Transportation and movement services, including
packing, unpacking, storage, and transportation.
``(3) Communications services, including installation and
deinstallation of communications equipment, transmission of
messages and data, and rental of transmission capability.
``(4) Supply and administration, including acquisition of
expendable office supplies, rental of office space, budgeting
and accounting services, auditing services, secretarial
services, and translation services.
``(5) Personnel costs, including salary, allowances and
overhead of employees whether full-time or part-time, temporary
or permanent (except for military personnel), and travel and
temporary duty costs.
``(6) All other clearly identifiable expenses directly
related to relocation.
``(c) Method of Contribution.--Contributions may be accepted in any
of the following forms:
``(1) Irrevocable letter of credit issued by a financial
institution acceptable to the Treasurer of the United States.
``(2) Drawing rights on a commercial bank account
established and funded by the host nation, which account is
blocked such that funds deposited cannot be withdrawn except by
or with the approval of the United States.
``(3) Cash, which shall be deposited in a separate trust
fund in the United States Treasury pending expenditure and
which shall accrue interest in accordance with section 9702 of
title 31.
``(d) Annual Report to Congress.--Not later than 30 days after the
end of each fiscal year, the Secretary shall submit to Congress a
report specifying--
``(1) the amount of the contributions accepted by the
Secretary during the preceding fiscal year under subsection (a)
and the purposes for which the contributions were made; and
``(2) the amount of the contributions expended by the
Secretary during the preceding fiscal year and the purposes for
which the contributions were expended.''.
(2) The table of sections at the beginning of subchapter II of
chapter 138 of such title is amended by adding at the end the following
new item:
``2350k. Relocation within host nation of elements of armed forces
overseas.''.
(b) Effective Date.--Section 2350k of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1995, and
shall apply to contributions for relocation of elements of the Armed
Forces in or to any nation received on or after such date.
SEC. 1227. SENSE OF CONGRESS ON ABM TREATY VIOLATIONS.
(a) Findings.--The Congress finds the following:
(1) The 1972 Anti-Ballistic Missile Treaty prohibits either
party from deploying ballistic missile early warning radars
except at locations along the periphery of its national
territory and oriented outward.
(2) The 1972 Anti-Ballistic Missile Treaty prohibits either
party from deploying an ABM system to defend its national
territory and from providing a base for any such nationwide
defense.
(3) Large phased-array radars were recognized during
negotiation of the Anti-Ballistic Missile Treaty as the
critical long lead-time element of a nationwide defense against
ballistic missiles.
(4) In 1983 the United States discovered the construction,
in the interior of the Soviet Union near the town of
Krasnoyarsk, of a large phased-array radar that was judged to
be for ballistic missile early warning and tracking.
(5) The Krasnoyarsk radar was certified by the Reagan
Administration and previous sessions of Congress as an
unequivocal violation by the Soviet Union of the Anti-Ballistic
Missile Treaty.
(6) Retired Soviet General Y.V. Votintsev, Director of the
Soviet National Air Defense Forces from 1967 to 1985, has
publicly stated that he was directed by the Chief of the Soviet
General staff to locate the large phased-array radar at
Krasnoyarsk despite the recognition that its location would be
a clear violation of the ABM Treaty.
(7) General Votintsev has publicly stated that Marshal D.F.
Ustinov, Soviet Minister of Defense, threatened to relieve from
duty any Soviet officer who continued to object to the
construction of a large-phased array radar at Krasnoyarsk.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the government of the Soviet Union intentionally
violated its legal obligations under the 1972 Anti-Ballistic
Missile Treaty in order to advance its national security
interests; and
(2) the United States should remain vigilant in ensuring
compliance by Russia with its arms control obligations and
should, when pursuing future arms control agreements with
Russia, bear in mind violations of arms control obligations by
the Soviet Union.
SEC. 1228. REDUCTION OF UNITED STATES MILITARY FORCES IN EUROPE.
(a) End Strength Reductions for Military Personnel in Europe.--
Notwithstanding section 1002(c)(1) of the National Defense
Authorization Act, 1985 (22 U.S.C. 1928 note), but subject to
subsection (d), for each of fiscal years 1996, 1997, 1998, and 1999,
the Secretary of Defense shall reduce the end strength level of members
of the Armed Forces of the United States assigned to permanent duty
ashore in European member nations of the North Atlantic Treaty
Organization (NATO) in accordance with subsection (b).
(b) Reduction Formula.--
(1) Application of formula.--For each percentage point by
which, as of the end of a fiscal year, the allied contribution
level determined under paragraph (2) is less than the allied
contribution goal specified in subsection (c), the Secretary of
Defense shall reduce the end strength level of members of the
Armed Forces of the United States assigned to permanent duty
ashore in European member nations of NATO by 1,000 for the next
fiscal year. The reduction shall be made from the end strength
level in effect, pursuant to section 1002(c)(1) of the National
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), and
subsection (a) of this section (if applicable), for the fiscal
year in which the allied contribution level is less than the
goal specified in subsection (c).
(2) Determination of allied contribution level.--To
determine the allied contribution level with respect to a
fiscal year, the Secretary of Defense shall calculate the
aggregate amount of nonpersonnel costs for United States
military installations in European member nations of NATO that
are assumed during that fiscal year by such nations, except
that the Secretary may consider only those cash and in-kind
contributions by such nations that replace expenditures that
would otherwise be made by the Secretary using funds
appropriated or otherwise made available in defense
appropriations Acts.
(c) Annual Allied Contribution Goals.--
(1) Goals.--In continuing efforts to enter into revised
host-nation agreements as described in the provisions of law
specified in paragraph (2), the President is urged to seek to
have European member nations of NATO assume an increased share
of the nonpersonnel costs of United States military
installations in those nations in accordance with the following
timetable:
(A) By September 30, 1996, 18.75 percent of such
costs should be assumed by those nations.
(B) By September 30, 1997, 37.5 percent of such
costs should be assumed by those nations.
(C) By September 30, 1998, 56.25 percent of such
costs should be assumed by those nations.
(D) By September 30, 1999, 75 percent of such costs
should be assumed by those nations.
(2) Specified laws.--The provisions of law referred to in
paragraph (1) are--
(A) section 1301(e) of National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2545);
(B) section 1401(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1824); and
(C) section 1304 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2890),
(d) Exceptions.--
(1) Minimum end strength authority.--Notwithstanding
reductions required pursuant to subsection (a), the Secretary
of Defense may maintain an end strength of at least 25,000
members of the Armed Forces of the United States assigned to
permanent duty ashore in European member nations of NATO.
(2) Waiver authority.--The President may waive operation of
this section if the President declares an emergency. The
President shall immediately inform Congress of any such waiver
and the reasons for the waiver.
(e) Allocation of Force Reductions.--To the extent that there is a
reduction in end strength level for any of the Armed Forces in European
member nations of NATO in a fiscal year pursuant to subsection (a)--
(1) half of the reduction shall be used to make a
corresponding reduction in the authorized end strength level
for active duty personnel for such Armed Force for that fiscal
year; and
(2) half of the reduction shall be used to make a
corresponding increase in permanent assignments or deployments
of forces in the United States or other nations (other than
European member nations of NATO) for each such Armed Force for
that fiscal year, as determined by the Secretary of Defense.
(f) Nonpersonnel Costs Defined.--For purposes of this section, the
term ``nonpersonnel costs'', with respect to United States military
installations in European member nations of NATO, means costs for those
installations other than costs paid from military personnel accounts.
SEC. 1229. SENSE OF CONGRESS CONCERNING UNILATERAL IMPLEMENTATION OF
START II TREATY.
(a) Findings.--Congress finds that--
(1) the START II Treaty has not entered into force; and
(2) the United States is nevertheless taking unilateral
steps to implement the reductions in strategic forces called
for by that treaty.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should not implement any reduction in strategic
forces that is called for in the START II Treaty unless and until that
treaty enters into force.
(c) Definitions.--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.
SEC. 1230. SENSE OF THE CONGRESS REGARDING THE CHEMICAL WEAPONS
CONVENTION.
(a) Findings.--The Congress finds that--
(1) events such as the March 1995 terrorist release of a
chemical nerve agent in the Tokyo subway, the threatened use of
chemical weapons during the 1991 Persian Gulf War, and the
widespread use of chemical weapons during the Iran-Iraq War of
the 1980's are all potent reminders of the menace posed by
chemical weapons, of the fact that the threat of chemical
weapons is unappreciated and not sufficiently addressed, and of
the need to outlaw the development, production, and possession
of chemical weapons;
(2) the Convention on the Prohibition of the Development,
Production, Stockpiling, and Use of Chemical Weapons and on
Their Destruction (hereafter in this section referred to as the
``Convention'') would establish a comprehensive ban on chemical
weapons, and its negotiation has enjoyed strong bipartisan
congressional support, as well as the support of the last 6
administrations, both Republican and Democratic;
(3) United States military authorities, including Chairman
of the Joint Chiefs of Staff General John Shalikashvili, have
stated that United States military forces will deter and
respond to chemical weapons threats with a robust chemical
defense and an overwhelming superior conventional response, as
demonstrated in the Persian Gulf War, and have testified in
support of the Convention's ratification;
(4) the Congress in 1985 mandated the unilateral
destruction of the bulk of the chemical weapons stockpile of
the United States, and the Convention, which requires
participating states to destroy their chemical arsenals and
production facilities under international supervision, would
accelerate progress toward the disarmament of chemical weapons
in a majority of the states believed to harbor chemical weapons
capabilities, as this majority is among the Convention's 159
signatories;
(5) the United States chemical industry was an important
partner during the negotiation of the Convention, assisted in
crafting a reasonable, effective verification protocol,
participated in both United States and international trials to
test provisions of the Convention during its negotiation, and
testified in support of the Convention's ratification;
(6) the United States intelligence community has testified
that the Convention will provide new and important sources of
information, through regular data exchanges and routine and
challenge inspections, to improve the ability of the United
States to assess the chemical weapons status in countries of
concern;
(7) the Convention will gradually isolate and automatically
penalize states that refuse to join by preventing them from
gaining access to dual-use chemicals and creating a basis for
monitoring illegal diversions of those materials;
(8) the Convention has not entered into force for lack of
the requisite number of ratifications;
(9) the United States played a leading role in drafting the
Convention, and, as a global leader, must remain at the helm of
this effort to deter further proliferation of chemical weapons
and provide the legal framework that will minimize the threat
posed by chemical weapons;
(10) Russia has signed the Convention, but has not yet
ratified it;
(11) there have been reports by Russian sources of
continued Russian production and testing of chemical weapons,
including a statement by a spokesman of the Russian Ministry of
Defense on December 5, 1994, that ``We cannot say that all
chemical weapons production and testing has stopped
altogether.''; and
(12) the Convention will impose a legally binding
obligation on Russia and other nations that possess chemical
weapons to cease offensive chemical weapons activities and to
destroy their chemical weapons stockpiles and production
facilities.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the United States should signify its commitment to
reducing the threat posed by chemical weapons by promptly
joining the 28 other nations that have ratified the Convention;
(2) both Houses of Congress should further demonstrate
United States preparedness to adopt the Convention by acting
expeditiously to pass the required implementing legislation as
soon as the Senate gives its advice and consent to the
ratification of the Convention;
(3) both Houses of Congress should continue to lend their
full support for the indefinite future to programs that
maintain, as the Convention allows and monitors, United States
defensive preparedness against chemical weapons;
(4) the United States must be prepared to exercise fully
its rights under the Convention, including the request of
challenge inspections when warranted, and to exercise
leadership in pursuing punitive measures against violators of
the Convention, when warranted;
(5) the United States should strongly encourage full
implementation at the earliest possible date of the terms and
conditions of the United States - Russia bilateral chemical
weapons destruction agreement signed in 1990;
(6) understanding that Western assistance would be helpful
to a successful Russian chemical weapons destruction program,
the United States should encourage Russia to ratify promptly
the Convention and implement a plan that will ensure full
compliance with the Convention, including the destruction of
chemical weapons stockpiles in accordance with the Convention's
time lines; and
(7) the United States should seek to encourage other
nations to ratify promptly the Convention and to implement
faithfully all its terms and conditions.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1996''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama............... Fort Rucker..................... $5,900,000
Redstone Arsenal................ $5,000,000
Arizona............... Fort Huachuca................... $18,550,000
California............ Fort Irwin...................... $25,500,000
Presidio of San Francisco....... $3,000,000
Colorado.............. Fort Carson..................... $30,850,000
District of Columbia.. Fort McNair..................... $13,500,000
Georgia............... Fort Benning.................... $37,900,000
Fort Gordon..................... $5,750,000
Fort Stewart.................... $8,400,000
Hawaii................ Schofield Barracks.............. $15,000,000
Kentucky.............. Fort Knox....................... $5,600,000
Missouri.............. Fort Leonard Wood............... $3,900,000
New Jersey............ Picatinny Arsenal............... $5,500,000
New Mexico............ White Sands Missile Range....... $2,050,000
New York.............. Fort Drum....................... $11,450,000
United States Military Academy.. $8,300,000
Watervliet Arsenal.............. $680,000
North Carolina........ Fort Bragg...................... $29,700,000
Oklahoma.............. Fort Sill....................... $14,300,000
South Carolina........ Naval Weapons Station,
Charleston..................... $25,700,000
Fort Jackson.................... $32,000,000
Texas................. Fort Hood....................... $32,500,000
Fort Bliss...................... $56,900,000
Fort Sam Houston................ $7,000,000
Virginia.............. Fort Eustis..................... $16,400,000
Fort Myer....................... $17,000,000
Washington............ Fort Lewis...................... $32,100,000
CONUS Classified...... Classified Location............. $1,900,000
Total:...................... $472,330,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Korea................... Camp Casey.................... $4,150,000
Camp Hovey.................... $13,500,000
Camp Pelham................... $5,600,000
Camp Stanley.................. $6,800,000
Yongsan....................... $1,450,000
Overseas Classified..... Classified Location........... $48,000,000
Total:.................... $79,500,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
------------------------------------------------------------------------
State Installation Purpose Amount
------------------------------------------------------------------------
Alabama........... Redstone Arsenal. 118 units........ $12,000,000
Kentucky.......... Fort Knox........ 262 units........ $19,000,000
New York.......... United States
Military
Academy, West
Point........... 119 units........ $16,500,000
Virginia.......... Fort Lee......... 135 units........ $19,500,000
Washington........ Fort Lewis....... 84 units......... $10,800,000
Total:....... $77,800,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $2,000,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing in an amount not to exceed $46,600,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1995, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $2,167,190,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $472,330,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $79,500,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$9,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $70,778,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvements of military family housing and
facilities, $126,400,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,333,596,000.
(6) For the Homeowners Assistance Program, as authorized by
section 2832 of title 10, United States Code, $75,586,000, to
remain available until expended.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
California............ Marine Corps Air-Ground Combat
Marine Corps Base, Camp
Pendleton...................... $27,584,000
Nav Com Control & Ocean Sur Cen
RDT&E Div, San Diego........... $3,170,000
Naval Air Station, Lemoore...... $7,600,000
Naval Air Station, North Island. $99,150,000
Naval Air Warfare Center Weapons
Division, China Lake........... $3,700,000
Naval Air Warfare Center Weapons
Division, Point Mugu........... $1,300,000
Naval Construction Batallion
Center, Port Hueneme........... $16,700,000
Naval Station, San Diego........ $19,960,000
Florida............... Naval School Explosive Ordinance
Disposal, Eglin Air Force Base. $16,150,000
Naval Technical Training Center,
Corry Station, Pensacola....... $2,565,000
Georgia............... Strategic Weapons Facility,
Atlantic, Kings Bay............ $2,450,000
Marine Corps Logistics Base,
Albany......................... $1,300,000
Hawaii................ Intelligence Center Pacific,
Pearl Harbor................... $2,200,000
Naval Com & Telecoms Area
MASTSTA EASTPAC, Honolulu...... $1,980,000
Naval Submarine Base, Pearl
Harbor......................... $22,500,000
Illinois.............. Naval Training Center, Great
Lakes.......................... $12,440,000
Indiana............... Crane Naval Surface Warfare
Center......................... $3,300,000
Maryland.............. Naval Academy, Annapolis........ $3,600,000
Various Maryland Locations...... $1,200,000
New Jersey............ Naval Air Warfare Center
Aircraft Division, Lakehurst... $1,700,000
North Carolina........ Marine Corps Air Station, Cherry
Point.......................... $11,430,000
Marine Corps Air Station, New
River.......................... $14,650,000
Marine Corps Base, Camp LeJeune. $59,300,000
Pennsylvania.......... Philadelphia Naval Shipyard..... $6,000,000
South Carolina........ Marine Corps Air Station,
Beaufort....................... $15,000,000
Texas................. Naval Air Station, Corpus
Christi........................ $4,400,000
Naval Air Station, Kingsville... $2,710,000
Naval Station, Ingleside........ $2,640,000
Virginia.............. Fleet and Industrial Supply
Center, Williamsburg........... $8,390,000
Marine Corps Combat Development
Command, Quantico.............. $3,500,000
Naval Hospital, Portsmouth...... $9,500,000
Naval Station, Norfolk.......... $28,580,000
Naval Weapons Station, Yorktown. $1,300,000
Washington............ Naval Undersea Warfare Center
Division, Keyport.............. $5,300,000
Puget Sound Naval Shipyard,
Bremerton...................... $19,870,000
Total:...................... $445,609,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Guam.................. Naval Com & Telecoms Area
Navy Public Works Center, Guam.. $16,180,000
Italy................. Naval Air Station, Sigonella.... $12,170,000
Naval Support Activity, Naples.. $24,950,000
Puerto Rico........... Naval Security Group Activity,
Sabana Seca.................... $2,200,000
Naval Station, Roosevelt Roads.. $11,500,000
Total....................... $69,250,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
------------------------------------------------------------------------
State Installation Purpose Amount
------------------------------------------------------------------------
California........ Marine Corps
Marine Corps
Base, Camp
Pendleton....... Community Center. $1,438,000
Marine Corps
Base, Camp
Pendleton....... Housing Office... $707,000
Naval Air
Station, Lemoore 240 units........ $34,900,000
Pacific Missile
Test Center,
Point Mugu...... Housing Office... $1,020,000
Public Works
Center, San
Diego........... 346 units........ $49,310,000
Hawaii............ Naval Complex,
Oahu............ 252 units........ $48,400,000
Maryland.......... Naval Air Test
Center, Patuxent
River........... Warehouse........ $890,000
US Naval Academy,
Annapolis....... Housing Office... $800,000
North Carolina.... Marine Corps Air
Station, Cherry
Point........... Community Center. $1,003,000
Pennsylvania...... Navy Ships Parts
Control Center,
Mechanicsburg... Housing Office... $300,000
Puerto Rico....... Naval Station,
Roosevelt Roads. Housing Office... $710,000
Virginia.......... Naval Surface
Warfare Center,
Dahlgren........ Housing Office... $520,000
Public Works
Center, Norfolk. 320 units........ $42,500,000
Public Works
Center, Norfolk. Housing Office... $1,390,000
Total:....... $230,752,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2204(a)(5)(A), the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $24,390,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $292,931,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1994, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $2,164,861,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $445,609,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $69,250,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,200,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $66,184,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $531,289,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $1,045,329,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama............... Maxwell Air Force Base.......... $3,700,000
Alaska................ Eielson Air Force Base.......... $3,850,000
Elmendorf Air Force Base........ $9,100,000
Tin City Long Range RADAR Site.. $2,500,000
Arizona............... Davis-Monthan Air Force Base.... $4,800,000
Luke Air Force Base............. $5,200,000
Arkansas.............. Little Rock Air Force Base...... $2,500,000
California............ Beale Air Force Base............ $7,500,000
Edwards Air Force Base.......... $33,800,000
Travis Air Force Base........... $26,700,000
Vandenberg Air Force Base....... $6,000,000
Colorado.............. Buckley Air National Guard Base. $5,500,000
Peterson Air Force Base......... $4,390,000
US Air Force Academy............ $12,874,000
Delaware.............. Dover Air Force Base............ $5,500,000
District of Columbia.. Bolling Air Force Base.......... $12,100,000
Florida............... Cape Canaveral Air Force Station $1,600,000
Eglin Air Force Base............ $13,500,000
Tyndall Air Force Base.......... $1,200,000
Georgia............... Moody Air Force Base............ $19,190,000
Robins Air Force Base........... $6,900,000
Hawaii................ Hickam Air Force Base........... $10,700,000
Idaho................. Mountain Home Air Force Base.... $18,650,000
Illinois.............. Scott Air Force Base............ $12,700,000
Kansas................ McConnell Air Force Base........ $15,950,000
Louisiana............. Barksdale Air Force Base........ $2,500,000
Maryland.............. Andrews Air Force Base.......... $12,886,000
Mississippi........... Columbus Air Force Base......... $1,150,000
Keesler Air Force Base.......... $14,800,000
Missouri.............. Whiteman Air Force Base......... $24,600,000
Nevada................ Nellis Air Force Base........... $10,500,000
New Jersey............ McGuire Air Force Base.......... $21,500,000
New Mexico............ Cannon Air Force Base........... $13,420,000
Kirtland Air Force Base......... $9,156,000
North Carolina........ Pope Air Force Base............. $8,250,000
Seymour Johnson Air Force Base.. $7,530,000
North Dakota.......... Grand Forks Air Force Base...... $14,800,000
Minot Air Force Base............ $1,550,000
Ohio.................. Wright Patterson Air Force Base. $4,100,000
Oklahoma.............. Altus Air Force Base............ $5,200,000
Tinker Air Force Base........... $5,100,000
South Carolina........ Charleston Air Force Base....... $12,500,000
Shaw Air Force Base............. $1,300,000
Tennessee............. Arnold Air Force Base........... $5,000,000
Texas................. Dyess Air Force Base............ $5,400,000
Goodfellow Air Force Base....... $1,000,000
Kelly Air Force Base............ $3,244,000
Laughlin Air Force Base......... $1,400,000
Randolph Air Force Base......... $3,100,000
Reese Air Force Base............ $1,200,000
Sheppard Air Force Base......... $1,500,000
Virginia.............. Langley Air Force Base.......... $1,000,000
Washington............ Fairchild Air Force Base........ $15,700,000
McChord Air Force Base.......... $9,900,000
Wyoming............... F.E. Warren Air Force Base...... $13,000,000
CONUS Classified...... Classified Location............. $700,000
Total:...................... $479,390,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and may carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany............... Spangdahlem Air Base............ $8,380,000
Vogelweh Annex.................. 2,600,000
Greece................ Araxos Radio Relay Site......... 1,950,000
Italy................. Aviano Air Base................. 2,350,000
Ghedi Radio Relay Site.......... 1,450,000
Turkey................ Ankara Air Station.............. 7,000,000
Incirlik Air Base............... 4,500,000
United Kingdom........ Lakenheath Royal Air Force Base. 1,820,000
Mildenhall Royal Air Force Base. 2,250,000
Overseas Classified... Classified Location............. 17,100,000
Total:...................... $49,400,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
------------------------------------------------------------------------
State/Country Installation Purpose Amount
------------------------------------------------------------------------
Alaska............ Elmendorf Air
Arizona........... Davis-Monthan Air
Force Base...... 80 units......... 9,498,000
Arkansas.......... Little Rock Air
Force Base...... Replace 1 General
Officer Quarters 210,000
California........ Beale Air Force Family Housing
Base. Office.......... 842,000
Edwards Air Force
Base............ 127 units........ 20,750,000
Vandenberg Air
Force Base...... Family Housing
Office.......... 900,000
Vandenberg Air
Force Base...... 143 units........ 20,200,000
Colorado.......... Peterson Air
Force Base...... Family Housing
Office.......... 570,000
District of
Columbia......... Bolling Air Force
Base............ 32 units......... 4,100,000
Florida........... Eglin Air Force
Base............ Family Housing
Office.......... 500,000
Eglin Auxiliary
Field 9......... Family Housing
Office.......... 880,000
MacDill Air Force
Base............ Family Housing
Office.......... 646,000
Patrick Air Force
Base............ 70 units......... 7,947,000
Tyndall Air Force
Base............ 82 units......... 9,800,000
Georgia........... Moody Air Force
Base............ 1 Officer & 1
General Officer
Quarter......... 513,000
Guam.............. Andersen Air
Force Base...... Housing
Maintenance
Facility........ 1,700,000
Idaho............. Mountain Home Air
Force Base...... Housing
Management
Facility........ 844,000
Kansas............ McConnell Air
Force Base...... 39 units......... 5,193,000
Louisiana......... Barksdale Air
Force Base...... 62 units......... 10,299,000
Massachusetts..... Hanscom Air Force
Base............ 32 units......... 4,900,000
Mississippi....... Keesler Air Force
Base............ 98 units......... 9,300,000
Missouri.......... Whiteman Air
Force Base...... 72 units......... 9,948,000
Nevada............ Nellis Air Force
Base............ 143 Units........ 22,357,000
New Mexico........ Holloman Air
Force Base...... 1 General Officer
Quarters........ 225,000
Kirtland Air
Force Base...... 105 units........ 11,000,000
North Carolina.... Pope Air Force
Base............ 104 units........ 9,984,000
Seymour Johnson
Air Force Base.. 1 General Officer
Quarters........ 204,000
South Carolina.... Shaw Air Force
Base............ Housing
Maintenance
Facility........ 715,000
Texas............. Dyess Air Force
Base............ Housing
Maintenance
Facility........ 580,000
Lackland Air
Force Base...... 67 units......... 6,200,000
Sheppard Air
Force Base...... Management Office 500,000
Sheppard Air
Force Base...... Housing
Maintenance
Facility........ 600,000
Turkey............ Incirlik Air Base 150 units........ 10,146,000
Washington........ McChord Air Force
Base............ 50 units......... 9,504,000
Total:....... $194,555,000
------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of military family housing units in an
amount not to exceed $8,989,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$90,959,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1995, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,727,557,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $479,390,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $49,400,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,030,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $49,021,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design and improvement of military family housing and
facilities, $294,503,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $846,213,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
SEC. 2305. RETENTION OF ACCRUED INTEREST ON FUNDS DEPOSITED FOR
CONSTRUCTION OF FAMILY HOUSING, SCOTT AIR FORCE BASE,
ILLINOIS.
(a) Retention of Interest.--Section 2310 of the Military
Construction Authorization Act for Fiscal Year 1994 (division B of
Public Law 103-160; 107 Stat. 1874) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Retention of Interest.--Interest accrued on the funds
transferred to the County pursuant to subsection (a) shall be retained
in the same account as the transferred funds and shall be available to
the County for the same purpose as the transferred funds.''.
(b) Limitation on Units Constructed.--Subsection (c) of such
section, as redesignated by subsection (a)(1), is amended by adding at
the end the following new sentence: ``The number of units constructed
using the transferred funds (and interest accrued on these funds) may
not exceed the number of units of military family housing authorized
for Scott Air Force Base, Illinois, in section 2302(a) of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2595).''.
(c) Effect of Completion of Construction.--Such section is further
amended by adding at the end the following new subsection:
``(d) Completion of Construction.--Upon the completion of the
construction authorized by this section, all funds remaining from the
funds transferred pursuant to subsection (a) and the interest accrued
on these funds shall be deposited in the general fund of the Treasury
of the United States.''.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(1), and, in
the case of the project described in section 2405(b)(2), other amounts
appropriated pursuant to authorizations enacted after this Act for that
project, the Secretary of Defense may acquire real property and carry
out military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency/State Installation or location Amount
------------------------------------------------------------------------
Ballistic Missile
Texas................. Fort Bliss...................... $13,600,000
Defense Finance &
Accounting Service
Ohio.................. Columbus Center................. $72,403,000
Defense Intelligence
Agency
District of Columbia.. Bolling Air Force Base.......... $1,743,000
Defense Logistics
Agency
Alabama............... Defense Distribution Anniston... $3,550,000
California............ Defense Distribution Stockton... $15,000,000
DFSC, Point Mugu................ $750,000
Delaware.............. DFSC, Dover Air Force Base...... $15,554,000
Florida............... DFSC, Eglin Air Force Base...... $2,400,000
Louisiana............. DFSC, Barksdale Air Force Base.. $13,100,000
New Jersey............ DFSC, McGuire Air Force Base.... $12,000,000
Pennsylvania.......... Def Distribution New Cumberland--
DDSP........................... $4,600,000
Virginia.............. Defense Distribution Depot--DDNV $10,400,000
Defense Mapping Agency
Missouri.............. Defense Mapping Agency Aerospace
Center......................... $40,300,000
Defense Medical
Facility Office
Arizona............... Luke Air Force Base............. $8,100,000
California............ Fort Irwin...................... $6,900,000
Marine Corps Base, Camp
Pendleton...................... $1,700,000
Vandenberg Air Force Base....... $5,700,000
Delaware.............. Dover Air Force Base............ $4,400,000
Georgia............... Fort Benning.................... $5,600,000
Louisiana............. Barksdale Air Force Base........ $4,100,000
Maryland.............. Bethesda Naval Hospital......... $1,300,000
Walter Reed Army Institute of
Research....................... $1,550,000
Texas................. Fort Hood....................... $5,500,000
Lackland Air Force Base......... $6,100,000
Reese Air Force Base............ $1,000,000
Virginia.............. Northwest Naval Security Group
Activity....................... $4,300,000
National Security
Agency
Maryland.............. Fort Meade...................... $18,733,000
Office of the
Secretary of Defense
Inside the United
States............... Classified location............. $11,500,000
Department of Defense
Dependents Schools
Alabama............... Maxwell Air Force Base.......... $5,479,000
Georgia............... Fort Benning.................... $1,116,000
South Carolina........ Fort Jackson.................... $576,000
Special Operations
Command
California............ Naval Air Station, Miramar...... $5,200,000
Florida............... Duke Field...................... $2,400,000
Eglin Auxiliary Field 9......... $14,150,000
Louisiana............. Naval Support Activity, New
Orleans........................ $730,000
North Carolina........ Fort Bragg...................... $23,800,000
Pennsylvania.......... Olmstead Field, Harrisburg IAP.. $1,643,000
Virginia.............. Dam Neck........................ $6,100,000
Naval Amphibious Base, Little
Creek.......................... $4,500,000
Total:...................... $357,577,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2405(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency/Country Installation Name Amount
------------------------------------------------------------------------
Defense Logistics
Puerto Rico........... Defense Fuel Support Point,
Roosevelt Roads................ $6,200,000
Spain................. DFSC Rota....................... $7,400,000
Defense Medical
Facility Office
Italy................. Naval Support Activity, Naples.. $5,000,000
Department of Defense
Dependents Schools
Germany............... Ramstein Air Force Base......... $19,205,000
Italy................. Naval Air Station, Sigonella.... $7,595,000
National Security
Agency
United Kingdom........ Menwith Hill Station............ $677,000
Special Operations
Command
Guam.................. Naval Station, Guam............. $8,800,000
Total:...................... $54,877,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING PRIVATE INVESTMENT.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(13)(A), the Secretary of Defense may
enter into agreements to construct, acquire, and improve family housing
units (including land acquisition) at or near military installations,
for the purpose of encouraging private investments, in the amount of
$22,000,000. Amounts appropriated pursuant to such section may be
transferred from the Department of Defense Family Housing Improvement
Fund established under section 2873 of title 10, United States Code, to
the family housing accounts of the military departments for the purpose
of encouraging private investments.
SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2405(a)(13)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $3,772,000.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(11), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1995, for military
construction, land acquisition, and military family housing functions
of the Department of Defense (other than the military departments), in
the total amount of $4,692,463,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $322,574,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $54,877,000.
(3) For military construction projects at Portsmouth Naval
Hospital, Virginia, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Years 1990
and 1991 (division B of Public Law 101-189; 103 Stat. 1640),
$47,900,000.
(4) For military construction projects at Elmendorf Air
Force Base, Alaska, hospital replacement, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat.
2599), $28,100,000.
(5) For military construction projects at Walter Reed Army
Institute of Research, Maryland, hospital replacement,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of Public
Law 102-484; 106 Stat. 2599), $27,000,000.
(6) For military construction projects at Pine Bluff
Arsenal, Arkansas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3040),
$40,000,000.
(7) For military construction projects at Umatilla Army
Depot, Oregon, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (division B
of Public Law 103-337; 108 Stat. 3040), $55,000,000.
(8) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $23,007,000.
(9) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$11,037,000.
(10) For architectural and engineering services and
construction design under section 2807 of title 10, United
State Code, $68,837,000.
(11) For energy conservation projects authorized by section
2404, $50,000,000.
(12) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $3,897,892,000.
(13) For military family housing functions:
(A) For construction and acquisition and
improvement of military family housing and facilities,
$25,772,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $40,467,000, of which not more than
$24,874,000 may be obligated or expended for the
leasing of military family housing units worldwide.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $35,003,000 (the balance of the amount authorized under
section 2401(a) for the construction of a center of the Defense
Finance and Accounting Service at Columbus, Ohio).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1995
PROJECTS.
The table in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of Public Law 103-
337; 108 Stat. 3040), under the agency heading relating to Chemical
Weapons and Munitions Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas,
by striking out ``$3,000,000'' in the amount column and
inserting in lieu thereof ``$115,000,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by
striking out ``$12,000,000'' in the amount column and inserting
in lieu thereof ``$186,000,000''.
SEC. 2407. LIMITATION ON EXPENDITURES FOR CONSTRUCTION PROJECT AT
UMATILLA ARMY DEPOT, OREGON.
None of the funds appropriated to the Department of Defense for
fiscal year 1996 for the construction of a chemical munitions
incinerator facility at Umatilla Army Depot may be obligated or
expended before March 1, 1996.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Infrastructure program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1995, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Infrastructure program, as authorized by
section 2501, in the amount of $161,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1995, for the costs of acquisition, architectural
and engineering services, and construction of facilities for the Guard
and Reserve Forces, and for contributions therefor, under chapter 133
of title 10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United
States, $72,537,000; and
(B) for the Army Reserve, $42,963,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $19,655,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $118,267,000; and
(B) for the Air Force Reserve, $31,502,000.
SEC. 2602. CORRECTION IN AUTHORIZED USES OF FUNDS FOR ARMY NATIONAL
GUARD PROJECTS IN MISSISSIPPI.
Amounts appropriated pursuant to the authorization of
appropriations in section 2601(1)(A) of the Military Construction
Authorization Act for Fiscal Year 1994 (division B of Public Law 103-
160; 107 Stat. 1878) for the addition or alteration of Army National
Guard Armories at various locations in the State of Mississippi shall
be available for the addition, alteration, or new construction of
armory facilities and an operation and maintenance shop facility
(including the acquisition of land for such facilities) at various
locations in the State of Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Infrastructure program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 1999.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Infrastructure program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 1998; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 1999 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Infrastructure program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1993
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2602), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101,
2102, 2201, 2301, or 2601 of that Act, shall remain in effect until
October 1, 1996, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1997, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Arkansas.......... Pine Bluff Ammunition
Hawaii............ Schofield
Barracks........ Additions and
Alterations
Sewage Treatment
Plant........... $17,500,000
Virginia.......... Fort Pickett..... Sewage Treatment
Plant........... $5,800,000
Family Housing
(26 Units)...... $2,300,000
------------------------------------------------------------------------
Navy: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
California........ Camp Pendleton
Maryland.......... Patuxent River
Naval Warfare
Center.......... Advanced Systems
Integration
Facility........ $60,990,000
Mississippi....... Meridian Naval
Air Station..... Child Development
Center.......... $1,100,000
Virginia.......... Dam Neck Fleet
Combat Training
Center.......... Land Acquisition. $4,500,000
------------------------------------------------------------------------
Air Force: Extension of 1993 Project Authorization
------------------------------------------------------------------------
Installation or
State or country location Project Amount
------------------------------------------------------------------------
District of
North Carolina.... Pope Air Force Munitions Storage
Base. Complex......... $4,300,000
Virginia.......... Langley Air Force Civil Engineer $5,300,000
Base. Complex.
Guam.............. Andersen Air
Force Base...... Solid Waste
Complex......... $10,000,000
Portugal.......... Lajes Field...... Water Wells...... $865,000
Fire Training
Facility........ $1,300,000
------------------------------------------------------------------------
Army Reserve: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
West Virginia..... Bluefield........ Additions and
Clarksburg....... Additions and
Alterations AMSA $1,156,000
Grantville....... Reserve Center/
OMS............. $2,785,000
Jane Lew......... Reserve Center... $1,566,000
Lewisburg........ Reserve Center/
OMS............. $1,631,000
Weirton.......... Reserve Center/
OMS............. $3,481,000
------------------------------------------------------------------------
Army National Guard: Extension of 1993 Project Authorizations
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
Alabama........... Tuscaloosa....... Additions and
Union Springs.... Additions and
Alternations
Armory.......... $300,000
New Jersey........ Fort Dix......... Additions and
Alternations
Armory.......... $4,750,000
Oregon............ La Grande........ OMS.............. $995,000
Armory Addition.. $3,049,000
------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1992
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1992 (division B of
Public Law 102-190; 105 Stat. 1535), authorizations for the projects
set forth in the tables in subsection (b), as provided in section 2101
or 2601 of that Act and extended by section 2702(a) of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103-337; 108 Stat. 3047), shall remain in effect until
October 1, 1996, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 1997, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Army: Extension of 1992 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Oregon............ Umatilla Army
Ammunition
Demilitarization
Utilities....... $7,500,000
------------------------------------------------------------------------
Army Reserve: Extension of 1992 Project Authorization
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
Tennessee......... Jackson.......... Joint Training
------------------------------------------------------------------------
Army National Guard: Extension of 1992 Project Authorization
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
Ohio.............. Toledo........... Armory........... $3,183,000
------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1995; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. ALTERNATIVE MEANS OF ACQUIRING AND IMPROVING MILITARY FAMILY
HOUSING AND SUPPORTING FACILITIES FOR THE ARMED FORCES.
(a) Findings and Purpose.--(1) Congress finds the following:
(A) Adequate military family housing is essential to the
retention of well-trained and professional members of the Armed
Forces.
(B) Current military family housing is in many
circumstances substandard, inadequately maintained, or
obsolete. Of the more than 375,000 military families living on
military installations, two-thirds of such families reside in
unsuitable quarters.
(C) Traditional military construction techniques are
frequently lengthy and more expensive than commercial methods.
At current appropriation levels, modernization of military
family housing located on military installations could require
more than 30 years to accomplish.
(D) A combination of private housing capital and commercial
construction techniques could help to alleviate the shortage of
suitable military family housing in a far more timely and cost
effective manner.
(2) It is the purpose of this section to obtain new and improved
military family housing and ancillary supporting facilities for the
Armed Forces using private capital and expertise.
(b) Alternative Provision of Housing and Facilities.--(1) Chapter
169 of title 10, United States Code, is amended by adding at the end
the following new subchapter:
``SUBCHAPTER IV--ALTERNATIVE PROVISION OF MILITARY FAMILY HOUSING
``Sec.
``2871. Definitions.
``2872. General limitations and authorities.
``2873. Department of Defense Family Housing Improvement Fund.
``2875. Housing finance and acquisition authorities.
``2876. Expiration of authority.
``Sec. 2871. Definitions
``In this subchapter:
``(1) The term `construction' means the construction of
additional units of military family housing and ancillary
supporting facilities or the replacement or renovation of
existing units or ancillary supporting facilities.
``(2) The term `ancillary supporting facilities' means
facilities related to military family housing, such as day care
centers, community centers, housing offices, maintenance
complexes, tot lots, and parks. Such term does not include
commercial facilities that could not otherwise be constructed
using funds appropriated to the Department of Defense.
``(3) The term `contract' includes any contract, lease, or
other agreement entered into under the authority of this
subchapter.
``(4) The term `Fund' means the Department of Defense
Family Housing Improvement Fund established under section
2873(a) of this title.
``Sec. 2872. General limitations and authorities
``(a) Use of Authorities.--The Secretary concerned may use the
authorities provided by this subchapter, singly or in conjunction with
other authorities provided under this chapter, to help meet the
military family housing needs of members of the armed forces and the
dependents of such members at military installations at which there is
a shortage of suitable housing for members and their dependents.
``(b) Term.--Subject to section 2873(d)(2) of this title, a
contract entered into under this subchapter may be for such term as the
Secretary concerned considers to be in the best interests of the United
States.
``(c) Phased Occupancy.--A contract under this subchapter may
provide for phased occupancy of completed family housing units under
one or more interim leases during the period of the construction or
renovation of the housing units. In no case shall any such interim
lease extend beyond the construction or renovation period.
``(d) Unit Size and Type.--Section 2826 of this title shall not
apply to military family housing units acquired or constructed under
this subchapter, except that room and floor area size of such housing
units should generally be comparable to private sector housing
available in the same locality. When acquiring existing family housing
in lieu of construction under section 2824 of this title, the Secretary
concerned may vary the number of types of units to be acquired as long
as the total number of units is substantially the same as authorized by
law.
``(e) Location.--The Secretary concerned may use the authorities
provided under this subchapter to acquire or construct military family
housing units and ancillary supporting facilities in the United States,
the Commonwealth of Puerto Rico, and in any territory or possession of
the United States.
``(f) Notification Required for Contracts.--The Secretary concerned
may not enter into a contract under this subchapter until after the end
of the 21-day period beginning on the date the Secretary concerned
submits to the appropriate committees of Congress written notice of the
nature and terms of the contract.
``(g) Assignments.--The Secretary concerned may assign members of
the armed forces to any military family housing obtained using the
authorities provided in this subchapter in accordance with section
403(b) of title 37.
``(h) Allotments.--The Secretary concerned may require a member of
the armed forces to pay rent by allotment as a condition of occupying
military family housing obtained using the authorities provided in this
subchapter.
``(i) Supporting Facilities.--Any contract entered into under this
subchapter may include provisions for the construction or acquisition
of ancillary supporting facilities.
``(j) Authority To Lease or Sell Land, Housing, and Supporting
Facilities.--(1) The Secretary concerned may lease or sell land,
housing, and ancillary supporting facilities under the jurisdiction of
the Secretary for the purpose of providing additional military family
housing or improving existing military family housing under this
subchapter, except that the authority to lease or sell real property
under this subchapter shall not extend to property located at a
military installation approved for closure.
``(2) A sale or lease under this subsection may be made for such
consideration and upon such terms and conditions as the Secretary
concerned shall determine to be consistent with the purposes of this
subchapter and the public interest. The acreage and legal description
of any property leased or conveyed under this subsection shall be
determined by a survey satisfactory to the Secretary concerned.
``(3) Section 2667 of this title, the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471), section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), and
section 321 of the Act of June 30, 1932 (47 Stat. 412) shall not apply
to leases and sales under this subsection.
``(4) As part or all of the consideration for the sale or lease of
property under this subsection, the Secretary concerned shall require
an ancillary agreement under which the person receiving the property
agrees to give priority to military members and their dependents in the
leasing of existing or new housing units under the control or provided
by the person. Such agreements may provide for the payment by the
Secretary concerned of security or damage deposits.
``Sec. 2873. Department of Defense Family Housing Improvement Fund
``(a) Establishment.--There is hereby established on the books of
the Treasury an account to be known as the Department of Defense Family
Housing Improvement Fund, which shall be administered by the Secretary
of Defense as a single account. Amounts in the Fund shall be available
without fiscal year limitation.
``(b) Deposits.--There shall be deposited into the Fund the
following:
``(1) Amounts authorized for and appropriated into the
Fund.
``(2) Subject to subsection (c), any amounts that the
Secretary of Defense may transfer to the Fund from amounts
appropriated to the Department of Defense for construction of
military family housing.
``(3) Proceeds received from the conveyance or lease of
real property under section 2872(j) of this title, income from
operations conducted under this subchapter, including refunds
of deposits, and any return of capital or return on investments
entered into under this subchapter.
``(c) Notification Required for Transfers.--A transfer of
appropriated amounts to the Fund under subsection (b)(2) may be made
only after the end of the 30-day period beginning on the date the
Secretary of Defense submits written notice of, and justification for,
the transfer to the appropriate committees of Congress.
``(d) Use of Funds.--(1) In such total amount as is provided in
advance in appropriation Acts, the Secretary of Defense may use amounts
in the Fund for alternative means of financing military family housing
and ancillary supporting facilities as authorized in this subchapter.
``(2) The Secretary may not enter into a contract under this
subchapter unless the Fund contains sufficient amounts, as of the time
the contract is entered into, to satisfy the total obligations to be
incurred by the United States under the contract.
``(3) The total value in budget authority of all contracts and
investments undertaken using the authorities provided in the subchapter
shall not exceed $1,000,000,000.
``(e) Loans and Loan Guarantees.--Loans and loan guarantees may be
entered into under this subchapter only to the extent that
appropriations of budget authority to cover their costs (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) are made in advance, or authority is otherwise provided in
appropriations Acts.
``(f) Annual Report.--The Secretary of Defense shall submit to the
appropriate committees of Congress an annual report detailing the
expenditures from and deposits into the Fund during the preceding year
and the utilization and effectiveness of the authorities provided by
this subchapter. The Secretary shall submit the report at the same time
that the President submits the budget to Congress under section 1105 of
title 31.
``Sec. 2875. Housing finance and acquisition authorities
``(a) Guarantees.--(1) The Secretary concerned may enter into
contracts that provide for guarantees, insurance, or other contingent
payments to owners, mortgagors, or assignees of housing units and
ancillary supporting facilities that are made available for use by
members of the armed forces.
``(2) Contingencies under which payments may be made under such a
contract include the following:
``(A) A failure to pay interest or principal on mortgages,
generally or as a result of a base closure or realignment, a
reduction in force, an extended deployment of assigned forces,
or similar contingencies.
``(B) A failure to achieve specified occupancy levels of,
or rental income from, housing units covered by a contract.
``(3) Such contracts may be on such terms and conditions as the
Secretary concerned considers necessary or desirable to induce the
provision of housing and ancillary supporting facilities, whether by
acquisition or construction, for use by members of the armed forces,
and to protect the financial interests of the United States.
``(b) Leases.--The Secretary concerned may enter into a contract
for the lease of housing units to be acquired or constructed on or near
a military installation. Such a contract may provide for the owner of
the property to operate and maintain the facilities.
``(c) Differential Payments.--In entering into contracts under this
subchapter, the Secretary concerned may make a differential payment in
addition to rental payments made by individual members.
``(d) Investments.--(1) The Secretary concerned may make
investments in nongovernmental entities involved in the acquisition or
construction of housing and ancillary supporting facilities on or near
a military installation for such consideration and upon such terms and
conditions as the Secretary concerned determines to be consistent with
the purposes of this subchapter and the public interest.
``(2) Such investments may take the form of limited partnership
interests, stock, debt instruments, or a combination thereof.
``(3) The investment made by the Secretary concerned in an
acquisition or construction project under this subsection, whether the
investment is in the form of cash, land or buildings under section
2872(j) of this title, or other form, may not exceed 35 percent of the
capital costs of the acquisition or construction project.
``(e) Collateral Incentive Agreements.--The Secretary concerned may
also enter into collateral incentive agreements in connection with
investments made under subsection (d) to ensure that a suitable
preference will be afforded members of the armed forces to lease or
purchase, at affordable rates, a reasonable number of the housing units
covered by the investment contract.
``Sec. 2876. Expiration of authority
``The authority of the Secretaries concerned to enter into
contracts and partnerships and to make investments under this
subchapter shall expire on September 30, 2000.''.
(2) The table of subchapters at the beginning of chapter 169 of
title 10, United States Code, is amended by inserting after the item
relating to subchapter III the following new item:
``IV. Alternative Provision of Military Family Housing 2871''.
SEC. 2802. INCLUSION OF OTHER ARMED FORCES IN NAVY PROGRAM OF LIMITED
PARTNERSHIPS WITH PRIVATE DEVELOPERS FOR MILITARY
HOUSING.
(a) Expanded Authority for Housing Partnerships.--(1) Subchapter IV
of chapter 169 of title 10, United States Code, as added by section
2801, is amended by inserting after section 2873 the following new
section:
Sec. ``2874. Limited partnerships with private developers of housing
``(a) Limited Partnerships.--In order to meet the housing
requirements of members of the armed forces, and the dependents of such
members, at a military installation described in section 2872(a) of
this title, the Secretary concerned may enter into a limited
partnership with one or more private developers to encourage the
construction of housing and ancillary supporting facilities within
commuting distance of the installation. Section 2875(d) of this title
shall apply with respect to the investments the Secretary concerned may
make toward development costs under a limited partnership.
``(b) Collateral Incentive Agreements.--The Secretary concerned may
also enter into collateral incentive agreements with private developers
who enter into a limited partnership under subsection (a) to ensure
that, where appropriate--
``(1) a suitable preference will be afforded members of the
armed forces in the lease or purchase, as the case may be, of a
reasonable number of the housing units covered by the limited
partnership; or
``(2) the rental rates or sale prices, as the case may be,
for some or all of such units will be affordable for such
members.
``(c) Selection of Investment Opportunities.--(1) The Secretary
concerned shall use publicly advertised, competitively bid or
competitively negotiated, contracting procedures, as provided in
chapter 137 of this title, to enter into limited partnerships under
subsection (a).
``(2) When a decision is made by the Secretary concerned to enter
into a limited partnership under subsection (a), the Secretary shall
submit a report in writing to the appropriate committees of Congress on
that decision. Each such report shall include the justification for the
limited partnership, the terms and conditions of the limited
partnership, a description of the development costs for projects under
the limited partnership, and a description of the share of such costs
to be incurred by the Secretary concerned. The Secretary concerned may
then enter into the limited partnership only after the end of the 21-
day period beginning on the date the report is received by such
committees.
``(d) Housing Investment Boards.--(1) Each Secretary concerned
shall establish a housing investment board, which shall have the
duties--
``(A) of advising the Secretary concerned regarding those
proposed limited partnerships under subsection (a), if any,
that are financially and otherwise sound investments for
meeting the objectives of this section;
``(B) of administering amounts in the Account established
under section 2873 of this title that are made available to the
Secretary concerned to carry out this section; and
``(C) of performing such other tasks as the Secretary
concerned determines to be necessary and appropriate to assist
the Secretary to carry out the duties of the Secretary under
this section.
``(2) A housing investment board shall be composed of seven members
appointed for a two-year term by the Secretary concerned. Among such
members, the Secretary concerned may appoint two persons from the
private sector who have knowledge and experience in the financing and
the construction of housing. The Secretary concerned shall designate
one of the members as chairperson.
``(3) Members of a housing investment board, other than those
members regularly employed by the Federal Government, may be paid while
attending meetings of the board or otherwise serving at the request of
the Secretary concerned, compensation at a rate equal to the daily
equivalent of the minimum annual rate of basic pay payable for level IV
of the Executive Schedule under section 5315 of title 5 for each day
(including travel time) during which the member is engaged in the
actual performance of duties vested in the board. Members shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5.
``(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the housing investment boards.
``(5) The housing investment boards shall terminate on September
30, 2000.''.
(2) The table of sections at the beginning of such subchapter is
amended by inserting after the item relating to section 2873 the
following new item:
``2874. Limited partnerships with private developers of housing.''.
(b) Proceeds from Participation in Partnerships.--Section 2873(b)
of title 10, United States Code, as added by section 2801, is amended
by adding at the end the following new paragraph:
``(4) Proceeds received by the Secretary concerned from the
repayment of investments or profits on investments of the
Secretary under section 2874(a) of this title.''.
(c) Conforming Repeal.--(1) Section 2837 of title 10, United States
Code, is repealed. The repeal of such section shall not be construed to
affect the validity or terms of any limited partnership or collateral
incentive agreement entered into by the Secretary of the Navy under
such section before the date of the enactment of this Act. Amounts in
the Navy Housing Investment Account shall be transferred to the
Department of Defense Family Housing Improvement Fund established under
section 2873 of such title, as added by section 2801.
(2) The table of sections at the beginning of subchapter II of
chapter 169 of title 10, United States Code, is amended by striking out
the item relating to section 2837.
SEC. 2803. SPECIAL UNSPECIFIED MINOR CONSTRUCTION THRESHOLDS FOR
PROJECTS TO CORRECT LIFE, HEALTH, AND SAFETY DEFICIENCIES
AND CLARIFICATION OF UNSPECIFIED MINOR CONSTRUCTION
AUTHORITY.
(a) Special Thresholds.--Section 2805 of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``However, if the military construction
project is intended solely to correct a life, health, or safety
deficiency, a minor military construction project may have an
approved cost equal to or less than $3,000,000.''; and
(2) in subsection (c)(1), by striking out ``not more than
$300,000.'' and inserting in lieu thereof the following: ``not
more than--
``(A) $1,000,000, in the case of an unspecified military
construction project intended solely to correct a life, health,
or safety deficiency; or
``(B) $300,000, in the case of other unspecified military
construction projects.''.
(b) Description of Minor Construction.--Subsection (a)(1) of such
section is further amended by striking out ``(1) that is for a single
undertaking at a military installation, and (2)''.
SEC. 2804. DISPOSITION OF AMOUNTS RECOVERED AS A RESULT OF DAMAGE TO
REAL PROPERTY.
(a) In General.--Chapter 165 of title 10, United States Code, is
amended by inserting after section 2781 the following new section:
``Sec. 2782. Damage to real property: disposition of amounts recovered
``Except as provided in section 2775 of this title, amounts
recovered for damage caused to real property under the jurisdiction of
the Secretary of a military department or, with respect to the Defense
Agencies, under the jurisdiction of the Secretary of Defense shall be
credited to the account available for the repair or replacement of the
real property at the time of recovery. In such amounts as are provided
in advance in appropriation Acts, amounts so credited shall be
available for use for the same purposes and under the same
circumstances as other funds in the account.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2781 the following new item:
``2782. Damage to real property: disposition of amounts recovered.''.
SEC. 2805. RENTAL OF FAMILY HOUSING IN FOREIGN COUNTRIES.
Section 2828(e) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking out ``300 units'' in the first
sentence and inserting in lieu thereof ``450 units'';
and
(B) by striking out ``220 such units'' in the
second sentence and inserting in lieu thereof ``350
such units''; and
(2) in paragraph (2), by striking out ``300 units'' and
inserting in lieu thereof ``450 units''.
SEC. 2806. PILOT PROGRAM TO PROVIDE INTEREST RATE BUY DOWN AUTHORITY ON
LOANS FOR HOUSING WITHIN HOUSING SHORTAGE AREAS AT
MILITARY INSTALLATIONS.
(a) Short Title.--This section may be cited as the ``Military
Housing Assistance Act of 1995''.
(b) Mortgage Assistance Payment Authority of the Secretary of
Veterans Affairs.--(1) Chapter 37 of title 38, United States Code, is
amended by inserting after section 3707 the following:
``Sec. 3708. Authority to buy down interest rates: pilot program
``(a) In order to enable the purchase of housing in areas where the
supply of suitable military housing is inadequate, the Secretary may
conduct a pilot program under which the Secretary may make periodic or
lump sum assistance payments on behalf of an eligible veteran for the
purpose of buying down the interest rate on a loan to that veteran that
is guaranteed under this chapter for a purpose described in paragraph
(1), (2), (3), (6), or (10) of section 3710(a).
``(b) An individual is an eligible veteran for the purposes of this
section if--
``(1) the individual is a veteran, as defined in section
3701(b)(4) of this title, or is on active Guard and Reserve
duty, as defined by section 101(d) of title 10;
``(2) the individual submits an application for a loan
guaranteed under this chapter within one year of an assignment
of the individual to duty at a military installation in the
United States designated by the Secretary of Defense as a
housing shortage area;
``(3) at the time the loan referred to in subsection (a) is
made, the individual is an enlisted member, warrant officer, or
an officer (other than a warrant officer) at a pay grade of O-3
or below;
``(4) the individual has not previously used any of the
individual's entitlement to housing loan benefits under this
chapter; and
``(5) the individual receives comprehensive prepurchase
counseling from the Secretary (or the designee of the
Secretary) before making application for a loan guaranteed
under this chapter.
``(c) Loans with respect to which the Secretary may exercise the
buy down authority under subsection (a) shall--
``(1) provide for a buy down period of not more than three
years in duration;
``(2) specify the maximum and likely amounts of increases
in mortgage payments that the loans would require; and
``(3) be subject to such other terms and conditions as the
Secretary may prescribe by regulation.
``(d) The Secretary shall promulgate underwriting standards for
loans for which the interest rate assistance payments may be made under
subsection (a). Such standards shall be based on the interest rate for
the second year of the loan.
``(e) The Secretary or lender shall provide comprehensive
prepurchase counseling to eligible veterans explaining the features of
interest rate buy downs under subsection (a), including a hypothetical
payment schedule that displays the increases in monthly payments to the
mortgagor over the first five years of the mortgage term. For the
purposes of this subsection, the Secretary may assign personnel to
military installations referred to in subsection (b)(2).
``(f) There is authorized to be appropriated $3,000,000 annually to
carry out this section.
``(g) The Secretary may not guarantee a loan under this chapter
after September 30, 1998, on which the Secretary is obligated to make
payments under this section.''.
(2) The table of sections at the beginning of chapter 37 of title
38, United States Code, is amended by inserting after the item relating
to section 3707 to following new item:
``3708. Authority to buy down interest rates: pilot program.''.
(c) Authority of Secretary of Defense.--
(1) Reimbursement for buy down costs.--The Secretary of
Defense shall reimburse the Secretary of Veterans Affairs for
amounts paid by the Secretary of Veterans Affairs to mortgagees
under section 3708 of title 38, United States Code.
(2) Designation of housing shortage areas.--For purposes of
section 3708 of title 38, United States Code, the Secretary of
Defense may designate as a housing shortage area a military
installation in the United States at which the Secretary
determines there is a shortage of suitable housing to meet the
military family needs of members of the Armed Forces and the
dependents of such members.
(3) Report.--Not later than six months after September 30,
1998, the Secretary shall submit a report to Congress regarding
the effectiveness in providing housing to members of the Armed
Forces and their dependents through the provisions of this
subsection and section 3708 of title 38, United States Code.
(4) Earmark.--Of the amount provided in section
2405(a)(13)(B), $10,000,000 for fiscal year 1996 shall be
available to carry out this subsection.
(5) Sunset.--This subsection shall not apply with respect
to housing loans guaranteed after September 30, 1998, for which
assistance payments are paid under section 3708 of title 38,
United States Code.
Subtitle B--Base Closure and Realignment
SEC. 2811. AUTHORITY TO TRANSFER PROPERTY AT MILITARY INSTALLATIONS TO
BE CLOSED TO PERSONS WHO CONSTRUCT OR PROVIDE MILITARY
FAMILY HOUSING.
(a) Base Closures Under 1988 Act.--Section 204 of the Defense
Authorization Amendments and Base Closure and Realignment Act (title II
of Public Law 100-526; 10 U.S.C. 2687 note) is amended by adding at the
end the following new subsection:
``(e) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to paragraph (2),
the Secretary may enter into an agreement to transfer by deed real
property or facilities located at an installation closed or to be
closed under this title with any person who agrees, in exchange for the
real property or facilities, to transfer to the Secretary housing units
that are constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces and their
dependents. The Secretary may not select real property for transfer
under this paragraph if the property is identified in the redevelopment
plan for the installation as items essential to the reuse or
redevelopment of the installation.
``(2) A transfer of real property or facilities may be made under
paragraph (1) only if--
``(A) the fair market value of the housing units to be
received by the Secretary in exchange for the property or
facilities to be transferred is equal to or greater than the
fair market value of such property or facilities, as determined
by the Secretary; or
``(B) the recipient of the property or facilities agrees to
pay to the Secretary the difference between the fair market
values if the fair market value of the housing units is lower
than the fair market value of the property or facilities to be
transferred.
``(3) Notwithstanding section 207(a)(7), the Secretary shall
deposit funds received under paragraph (2)(B) in the Department of
Defense Family Housing Improvement Fund established under section
2873(a) of title 10, United States Code.
``(4) The Secretary shall submit to the appropriate committees of
Congress a report describing each agreement proposed to be entered into
under paragraph (1), including the consideration to be received by the
United States under the agreement. The Secretary may not enter into the
agreement until the end of the 21-day period beginning on the date the
appropriate committees of Congress receive the report regarding the
agreement.
``(5) The Secretary may require any additional terms and conditions
in connection with an agreement authorized by this subsection as the
Secretary considers appropriate to protect the interests of the United
States.''.
(b) Base Closures Under 1990 Act.--Section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by adding at the end the
following new subsection:
``(f) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to paragraph (2),
the Secretary may enter into an agreement to transfer by deed real
property or facilities located at an installation closed or to be
closed under this part with any person who agrees, in exchange for the
real property or facilities, to transfer to the Secretary housing units
that are constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces and their
dependents. The Secretary may not select real property for transfer
under this paragraph if the property is identified in the redevelopment
plan for the installation as items essential to the reuse or
redevelopment of the installation.
``(2) A transfer of real property or facilities may be made under
paragraph (1) only if--
``(A) the fair market value of the housing units to be
received by the Secretary in exchange for the property or
facilities to be transferred is equal to or greater than the
fair market value of such property or facilities, as determined
by the Secretary; or
``(B) the recipient of the property or facilities agrees to
pay to the Secretary the difference between the fair market
values if the fair market value of the housing units is lower
than the fair market value of the property or facilities to be
transferred.
``(3) Notwithstanding section 2906(a)(2), the Secretary shall
deposit funds received under paragraph (2)(B) in the Department of
Defense Family Housing Improvement Fund established under section
2873(a) of title 10, United States Code.
``(4) The Secretary shall submit to the appropriate committees of
Congress a report describing each agreement proposed to be entered into
under paragraph (1), including the consideration to be received by the
United States under the agreement. The Secretary may not enter into the
agreement until the end of the 30-day period beginning on the date the
appropriate committees of Congress receive the report regarding the
agreement.
``(5) The Secretary may require any additional terms and conditions
in connection with an agreement authorized by this subsection as the
Secretary considers appropriate to protect the interests of the United
States.''.
(c) Regulations.--Not later than nine months after the date of the
enactment of this Act, the Secretary of Defense shall prescribe any
regulations necessary to carry out subsection (e) of section 204 of the
Defense Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 10 U.S.C. 2687 note), as added by
subsection (a), and subsection (f) of section 2905 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), as added by subsection (b).
SEC. 2812. DEPOSIT OF PROCEEDS FROM LEASES OF PROPERTY LOCATED AT
INSTALLATIONS BEING CLOSED OR REALIGNED.
(a) Exception to Existing Requirements.--Section 2667(d) of title
10, United States Code, is amended--
(1) in paragraph (1)(A)(ii), by inserting ``or (5)'' after
``paragraph (4)''; and
(2) by adding at the end the following new paragraph:
``(5) Money rentals received by the United States from a lease
under subsection (f) shall be deposited into the relevant account
established under section 207(a) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note) or section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).''.
(b) Corresponding Amendments to Base Closure Laws.--(1) Section
207(a) of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(A) in paragraph (2)--
(i) by striking out ``and'' at the end of
subparagraph (B);
(ii) by striking out the period at the end of
subparagraph (C) and inserting in lieu thereof ``;
and''; and
(iii) by adding at the end the following new
subparagraph:
``(D) proceeds from leases of property under section
2667(f) of title 10, United States Code, at a military
installation to be closed or realigned under this title.''; and
(B) in paragraph (7), by striking out ``transfer or
disposal'' and inserting in lieu thereof ``lease, transfer, or
disposal''.
(2) Section 2906(a)(2) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2867
note) is amended--
(A) in subparagraph (C), by striking out ``transfer or
disposal'' and inserting in lieu thereof ``lease, transfer, or
disposal''; and
(B) in subparagraph (D), by striking out ``transfer or
disposal'' and inserting in lieu thereof ``lease, transfer, or
disposal''.
SEC. 2813. AGREEMENTS FOR CERTAIN SERVICES AT INSTALLATIONS BEING
CLOSED.
(a) Closures Under 1988 Act.--Section 204(b)(8) of the Defense
Authorization Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note) is amended by striking out
subparagraph (A) and inserting in lieu thereof the following new
subparagraph:
``(A) Subject to subparagraph (C), the Secretary may enter into
agreements (including contracts, cooperative agreements, or other
arrangements for reimbursement) with local governments for the
provision of police or security services, fire protection services,
airfield operation services, or other community services by such
governments at military installations to be closed under this title if
the Secretary determines that the provision of such services under such
an agreement is in the best interests of the Department of Defense.''.
(b) Closures Under 1990 Act.--Section 2905(b)(8) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2867 note) is amended by striking out
subparagraph (A) and inserting in lieu thereof the following new
subparagraph:
``(A) Subject to subparagraph (C), the Secretary may enter into
agreements (including contracts, cooperative agreements, or other
arrangements for reimbursement) with local governments for the
provision of police or security services, fire protection services,
airfield operation services, or other community services by such
governments at military installations to be closed under this part if
the Secretary determines that the provision of such services under such
an agreement is in the best interests of the Department of Defense.''.
SEC. 2814. REMOVAL OF BASE CLOSURE PROPERTIES FROM APPLICATION OF
SECTION 501 OF THE STEWART B. MCKINNEY HOMELESS
ASSISTANCE ACT.
(a) Closures Under 1988 Act.--(1) Section 204(b) of the Defense
Authorization Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note) is amended by striking out paragraph
(6) and inserting in lieu thereof the following new paragraph:
``(6) Section 501 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11411) shall not apply with respect to the transfer or
disposal of real property located at military installations closed or
realigned under this title.''.
(b) Closures Under 1990 Act.--(1) Section 2905(b) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by striking out
paragraphs (6) and (7) and inserting in lieu thereof the following new
paragraph:
``(7) Section 501 of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11411) shall not apply with respect to the transfer or
disposal of real property located at military installations closed or
realigned under this part.''.
Subtitle C--Land Conveyances Generally
SEC. 2821. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.
(a) Transfer of Land for National Cemetery.--The Secretary of the
Army may transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of real
property (including any improvements thereon) consisting of
approximately 53 acres and comprising a portion of Fort Sam Houston,
Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall use the
real property transferred under subsection (a) as a national cemetery
under chapter 24 of title 38, United States Code.
(c) Return of Unused Land.--If the Secretary of Veterans Affairs
determines that any portion of the real property transferred under
subsection (a) is not needed for use as a national cemetery, the
Secretary of Veterans Affairs shall return such portion to the
administrative jurisdiction of the Secretary of the Army.
(d) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by surveys that are satisfactory to the Secretary of the
Army. The cost of such surveys shall be borne by the Secretary of
Veterans Affairs.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Army considers
appropriate to protect the interests of the United States.
SEC. 2822. LAND ACQUISITION OR EXCHANGE, SHAW AIR FORCE BASE, SUMTER,
SOUTH CAROLINA.
(a) Land Acquisition.--By means of an exchange of property,
acceptance as a gift, or other means that does not require the use of
appropriated funds, the Secretary of the Air Force may acquire all
right, title, and interest in and to a parcel of real property
(together with any improvements thereon) consisting of approximately
1,100 acres and located adjacent to the eastern end of Shaw Air Force
Base, South Carolina, and extending to Stamey Livestock Road in Sumter
County, South Carolina.
(b) Land Exchange Authorized.--For purposes of acquiring the real
property described in subsection (a), the Secretary may participate in
a land exchange and convey all right, title, and interest of the United
States in and to a parcel of real property in the possession of the Air
Force if--
(1) the Secretary determines that the land exchange is in
the best interests of the Air Force; and
(2) the fair market value of the Air Force parcel to be
conveyed does not exceed the fair market value of the parcel to
be acquired.
(c) Determinations of Fair Market Value.--The Secretary shall
determine the fair market value of the parcels of real property to be
conveyed pursuant to subsections (a) and (b). Such determinations shall
be final.
(d) Descriptions of Property.--The exact acreage and legal
descriptions of the parcels of real property to be conveyed pursuant to
subsections (a) and (b) shall be determined by surveys that are
satisfactory to the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the acquisition
under subsection (a) or conveyance under subsection (b) as the
Secretary considers appropriate to protect the interests of the United
States.
(f) Reversion of Gift Conveyance.--If the Secretary acquires the
real property described in subsection (a) by way of gift, the Secretary
may accept in the deed of conveyance terms or conditions that require
that the land be reconveyed to the donor, or the heirs of the donor, if
Shaw Air Force Base ceases operations and is closed.
SEC. 2823. TRANSFER OF CERTAIN REAL PROPERTY AT NAVAL WEAPONS
INDUSTRIAL RESERVE PLANT, CALVERTON, NEW YORK, FOR USE AS
NATIONAL CEMETERY.
(a) Transfer Authorized.--Notwithstanding section 2854 of the
Military Construction Authorization Act for Fiscal Year 1993 (division
B of Public Law 102-484; 106 Stat. 2626), the Secretary of the Navy may
transfer, without reimbursement, to the Secretary of Veterans Affairs a
parcel of real property consisting of approximately 150 acres located
adjacent to the Calverton National Cemetery, Calverton, New York, and
comprising a portion of the buffer zone of the Naval Weapons Industrial
Reserve Plant, Calverton.
(b) Use of Property.--The Secretary of Veterans Affairs shall use
the real property transferred under subsection (a) as an addition to
the Calverton National Cemetery and administer such real property
pursuant to chapter 24 of title 38, United States Code.
(c) Surveys.--The cost of any surveys necessary for the transfer of
jurisdiction of the real property described in subsection (a) from the
Secretary of the Navy to the Secretary of Veterans Affairs shall be
borne by the Secretary of Veterans Affairs.
SEC. 2824. LAND CONVEYANCE, FORT ORD, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the City of Seaside, California (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to a parcel of real property (including improvements thereon)
consisting of approximately 477 acres located in Monterey County,
California, and comprising a portion of the former Fort Ord Military
Complex. The real property to be conveyed to the City includes the two
Fort Ord Golf Courses, Black Horse and Bayonet, and the Hayes Housing
Facilities.
(b) Consideration.--As consideration for the conveyance of the real
property and improvements under subsection (a), the City shall pay to
the United States an amount equal to the fair market value of the
property to be conveyed, as determined by the Secretary under such
terms and conditions as are determined to be fair and equitable to both
parties.
(c) Use and Deposit of Proceeds.--(1) From the funds paid by the
City under subsection (b), the Secretary shall deposit in the Morale,
Welfare, and Recreation Fund Account of the Department of the Army an
amount equal to the portion of such funds corresponding to the fair
market value of the two Fort Ord Golf Courses conveyed under subsection
(a), as established under subsection (b).
(2) The Secretary shall deposit the balance of the funds paid by
the City under subsection (b), after deducting the amount deposited
under paragraph (1), in the Department of Defense Base Closure Account
1990.
(d) Description of Property.--The exact acreage and legal
description of the real property (including improvements thereon) to be
conveyed under subsection (a) shall be determined by a survey
satisfactory to the Secretary and the City. The cost of the survey
shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2825. LAND CONVEYANCE, INDIANA ARMY AMMUNITION PLANT, CHARLESTOWN,
INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the State of Indiana (in this section
referred to as the ``State''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, that consists of approximately 1125 acres at the
inactivated Indiana Army Ammunition Plant in Charlestown, Indiana, and
is the subject of a 25-year lease between the Secretary and the State.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the State use the
conveyed property for recreational purposes.
(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 Secretary. The cost
of such survey shall be borne by the State.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2826. LAND CONVEYANCE, NAVAL AIR STATION, PENSACOLA, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey to
West Florida Developers, Inc. (in this section referred to as ``WFD''),
all right, title, and interest of the United States in and to a parcel
of unimproved real property consisting of approximately 135 acres at
Naval Air Station, Pensacola, Florida.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a), WFD shall agree to restrict the use of all lands
located within the Air Installation Compatible Use Zones of Naval Air
Station Pensacola and owned by WFD at the time of the conveyance under
subsection (a) in such manner as specified by the Secretary. The lands
subject to such restriction shall total at least 300 acres.
(2) If the fair market value of the property conveyed under
subsection (a) is more than the fair market value of the restriction on
usage under paragraph (1), WFD shall pay to the United States an amount
equal to the difference between the fair market values.
(c) Determination of Fair Market Value.--The Secretary shall
determine the fair market value of the property to be conveyed under
subsection (a) and the fair market value of the restriction on usage
under subsection (b)(1). Such determination shall be final.
(d) 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 Secretary. The cost
of such survey shall be borne by WFD.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2827. LAND CONVEYANCE, AVON PARK AIR FORCE RANGE, SEBRING,
FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to Highlands County, Florida (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property (including any
improvements thereon) located within the boundaries of the Avon Park
Air Force Range near Sebring, Florida, which has previously served as
the location of a support complex and recreational facilities for the
Avon Park Air Force Range.
(b) Conditions of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the conditions that the County--
(1) directly or through an agreement with an appropriate
public or private entity, use the conveyed property, including
the support complex and recreational facilities, for operation
of a juvenile or other correctional facility; and
(2) enter into an agreement with the Secretary to reconvey
the property to the United States if the Secretary determines
that the conveyed property is necessary to accomplish the
military mission of the Avon Park Air Force Range.
(c) Reversionary Interest.--If the Secretary determines at any time
that the property conveyed under subsection (a) is not being used in
accordance with subsection (b), all right, title, and interest in the
property shall revert to the United States, and the United States shall
have the right of immediate entry onto the property.
(d) 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 Secretary. The cost
of such survey shall be borne by the County.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2828. LAND CONVEYANCE, PARKS RESERVE FORCES TRAINING AREA, DUBLIN,
CALIFORNIA.
(a) Conveyance Authorized.--(1) Except as provided in paragraph
(2), the Secretary of the Army may convey to the County of Alameda,
California (in this section referred to as the ``County''), all right,
title, and interest of the United States in and to a parcel of real
property consisting of approximately 31 acres, together with
improvements thereon, located at Parks Reserve Forces Training Area,
Dublin, California.
(2) The conveyance authorized by this section shall not include any
oil, gas, or mineral interest of the United States in the real property
to be conveyed.
(b) Consideration.--(1) As consideration for the conveyance under
subsection (a)(1), the County shall provide the Army with services at
the portion of Parks Reserve Forces Training Area retained by the
Army--
(A) to relocate the main gate of the retained Army Training
Area from Dougherty Road to Dublin Boulevard across from the
Bay Area Rapid Transit District East Dublin station, including
the closure of the existing main gate on Dougherty Road,
construction of a security facility, and construction of a
roadway from the new entrance to Fifth Street;
(B) to fence and landscape the southern boundary of the
retained Army Training Area installation located northerly of
Dublin Boulevard;
(C) to fence and landscape the eastern boundary of the
retained Army Training Area from Dublin Boulevard to Gleason
Drive;
(D) to resurface roadways within the retained Army Training
Area;
(E) to provide such other services in connection with the
retained Army Training Area, including relocation or
reconstruction of water lines, relocation or reconstruction of
sewer lines, construction of drainage improvements, and
construction of buildings, as the Secretary and the County may
determine to be appropriate; and
(F) to provide for and fund any environmental mitigation
that is necessary as a result of a change in use of the
conveyed property by the County.
(2) The detailed specifications for the services to be provided
under paragraph (1) may be determined and approved on behalf of the
Secretary by the Commander of Parks Reserve Forces Training Area. The
preparation costs of such specifications shall be borne by the County.
(3) The value of improvements and services received by the United
States from the County under paragraph (1) must be equal to or exceed
the appraised value of the real property to be conveyed under
subsection (a)(1). The appraisal of the value of the property shall be
subject to Government review and approval.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)(1)
shall be determined by a survey satisfactory to the Secretary. The cost
of such survey shall be borne by the County.
(d) Time for Transfer of Title.--The transfer of title to the
County under subsection (a)(1) may be executed by the Secretary only
upon the satisfactory guarantee by the County of completion of the
services to be provided under subsection (b).
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a)(1) as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2829. LAND CONVEYANCE, HOLSTON ARMY AMMUNITION PLANT, MOUNT
CARMEL, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without reimbursement, to the City of Mount Carmel, Tennessee (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property consisting of
approximately 6.5 acres, together with any improvements thereon,
located at Holston Army Ammunition Plant, Tennessee. The property is
located adjacent to the Mount Carmel Cemetery and is intended for
expansion of the cemetery.
(b) 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 Secretary. The cost
of such survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2830. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT,
MCGREGOR, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without consideration, to the City of McGregor, Texas (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, containing the Naval Weapons Industrial Reserve
Plant in McGregor, Texas. After screening the facilities, equipment,
and fixtures (including special tooling and special test equipment)
located on the parcel for other uses within the Department of the Navy,
the Secretary may include in the conveyance remaining facilities,
equipment, and fixtures if the Secretary determines that manufacturing
activities requiring the use of such facilities, equipment, and
fixtures are likely to continue or be reinstated on the parcel after
conveyance.
(b) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may
lease the property, along with improvements thereon, to the City in
exchange for security services, fire protection, and maintenance
provided by the City for the property.
(c) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City,
directly or through an agreement with a public or private entity, use
the conveyed property (or offer the conveyed property for use) for
economic redevelopment to replace all or a part of the economic
activity being lost at the parcel.
(d) 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 Secretary. The cost
of such survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or a lease under subsection (b) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2831. TRANSFER OF JURISDICTION AND LAND CONVEYANCE, FORT DEVENS
MILITARY RESERVATION, MASSACHUSETTS.
(a) Transfer of Land for Wildlife Refuge.--Subject to subsection
(b), the Secretary of the Army shall transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of the Interior
that portion of Fort Devens Military Reservation in the State of
Massachusetts that is situated south of Massachusetts State Route 2,
for inclusion in the Oxbow National Wildlife Refuge. The transfer shall
be made as soon as possible after the date on which the property is
determined to be excess to the needs of the Department of Defense.
(b) Land Conveyance Authorized.--The Secretary of the Army shall
convey to the Town of Lancaster, Massachusetts (in this section
referred to as the ``Town''), all right, title, and interest of the
United States in and to a parcel of real property consisting of
approximately 100 acres of the parcel available for transfer under
subsection (a) and located adjacent to Massachusetts State Highway 70.
(c) Legal Description.--(1) The exact acreage and legal description
of the real property to be transferred under subsection (a) shall be
determined by surveys that are mutually satisfactory to the Secretary
of the Army and the Secretary of the Interior. The cost of such surveys
shall be borne by the Secretary of the Interior.
(2) The exact acreage and legal description of the real property to
be conveyed under subsection (b) shall be determined by surveys that
are mutually satisfactory to the Secretary of the Army, the Secretary
of the Interior, and the Board of Selectman of the Town. The cost of
such surveys shall be borne by the Town.
(d) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer and conveyance under this section as the Secretary of the Army
considers appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ELMENDORF AIR FORCE BASE, ALASKA.
(a) Sale to Private Person Authorized.--(1) The Secretary of the
Air Force may sell to a private person all right, title, and interest
of the United States in and to a parcel of real property consisting of
approximately 31.69 acres that is located at Elmendorf Air Force Base,
Anchorage, Alaska, and identified in land lease W-95-507-ENG-58.
(2) The Secretary may select as purchaser of the real property such
private person as the Secretary, in the sole exercise of the
Secretary's discretion, considers appropriate. The conveyance shall be
subject to the condition that the purchaser agree to provide
appropriate maintenance for the apartment complex located on the
property to be conveyed and used by members of the Armed Forces
stationed at Elmendorf Air Force Base and their dependents.
(b) Consideration.--In consideration for the conveyance under
subsection (a), the purchaser shall pay to the United States an amount
equal to the fair market value of the real property to be conveyed, as
determined by an appraisal satisfactory to the Secretary. In
determining the fair market value of the real property, the Secretary
shall consider the property as encumbered by land lease W-95-507-ENG-
58, with an expiration date of June 13, 2024.
(c) Deposit of Proceeds.--The Secretary shall deposit the amount
received from the purchaser under subsection (b) in the special account
established under section 204(h)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 585(h)(2)).
(d) 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 Secretary. The cost
of such survey shall be borne by the purchaser.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE ALTERNATIVE TO EXISTING LEASE AUTHORITY,
NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA.
Section 2834(b) of the Military Construction Authorization Act for
Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2614), as
amended by section 2833 of the Military Construction Authorization Act
for Fiscal Year 1994 (division B of Public Law 103-160) and section
2821 of the Military Construction Authorization Act for Fiscal Year
1995 (division B of Public Law 103-337), is further amended by adding
at the end the following new paragraphs:
``(4) In lieu of entering into a lease under paragraph (1), or in
place of an existing lease under such paragraph, the Secretary may
convey, without consideration, the property described in such paragraph
to the City of Oakland, California, the Port of Oakland, California, or
the City of Alameda, California, under such terms and conditions as the
Secretary considers appropriate.
``(5) The exact acreage and legal description of any property
conveyed under paragraph (4) shall be determined by a survey
satisfactory to the Secretary. The cost of each survey shall be borne
by the recipient of the property.''.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, YOUNGSTOWN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Youngstown, Ohio, all right,
title, and interest of the United States in and to a parcel of excess
real property, including improvements thereon, that is located at 399
Miller Street in Youngstown, Ohio, and contains the Kefurt Army Reserve
Center.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City of
Youngstown retain the conveyed property for the use and benefit of the
Youngstown Fire Department.
(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 Secretary. The cost
of such survey shall be borne by the City of Youngstown.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2835. MODIFICATION OF LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL
RESERVE PLANT, CALVERTON, NEW YORK.
(a) Condition on Conveyance.--Subsection (b) of section 2833 of the
Military Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 108 Stat. 3061) is amended by striking out
``to replace all or a part of the economic activity lost at the Naval
Weapons Industrial Reserve Plant''.
(b) Removal of Reversionary Interest; Addition of Lease
Authority.--Subsection (c) of such section is amended to read as
follows:
``(c) Lease Authority.--Until such time as the real property
described in subsection (a) is conveyed by deed, the Secretary may
lease the property, along with improvements thereon, to the Community
Development Agency in exchange for security services, fire protection,
and maintenance provided by the Community Development Agency for the
property.''.
(c) Conforming Amendments.--Subsection (e) of such section is
amended by striking out ``subsection (a)'' and inserting in lieu
thereof ``subsection (a) or a lease under subsection (c)''.
SEC. 2836. LAND EXCHANGE, FORT LEWIS, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
Weyerhaeuser Real Estate Company, Tacoma, Washington (in this section
referred to as ``WRECO''), all right, title, and interest of the United
States in and to a parcel of real property at Fort Lewis, Washington,
known as an unimproved portion of Tract 1000 (formerly being in the
DuPont Steilacoom Road, consisting of approximately 1.23 acres), and
Tract 26E, 0.03 acre.
(b) Consideration.--As consideration for the conveyance authorized
by subsection (a), WRECO shall convey or cause to be conveyed to the
United States by warranty deed all right, title, and interest in and to
a 0.39 acre parcel of real property located within the boundaries of
Fort Lewis, Washington, together with other consideration acceptable to
the Secretary. The total consideration conveyed to the United States
shall not be less than the fair market value of the land conveyed under
subsection (a).
(c) Determination of Fair Market Value.--The determinations of the
Secretary of the Army regarding the fair market values of the parcels
of real property and improvements to be conveyed pursuant to
subsections (a) and (b) shall be final.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed pursuant to
subsections (a) and (b) shall be determined by surveys that are
satisfactory to the Secretary of the Army. The cost of such surveys
shall be borne by WRECO.
(e) Effect on Existing Reversionary Interest.--The Secretary may
enter into an agreement with the appropriate officials of Pierce
County, Washington, under which--
(1) the existing reversionary interest of Pierce County in
the lands to be conveyed by the United States under subsection
(a) is extinguished; and
(2) the conveyance to the United States under subsection
(b) is made subject to a similar reversionary interest in favor
of Pierce County in the lands conveyed under such subsection.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyances
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2837. MODIFICATION OF EXISTING LAND CONVEYANCE, HAMILTON AIR FORCE
BASE.
(a) Authorities in Event of Partial Sale.--In the event that the
purchaser purchases only a portion of the Sale Parcel and exercises its
option to withdraw from the sale as to the rest of the Sale Parcel, the
portion of the Sale Parcel that is not purchased (other than Landfill
26 and an appropriate buffer area around it and the groundwater
treatment facility site), together with any of the land referred to in
section 9099(e) of Public Law 102-396 that is not purchased by the
purchaser, may be sold to the City of Novato, in the State of
California, for the sum of One Dollar as a public benefit transfer for
school, classroom or other educational use, for use as a public park or
recreation area or for further conveyance as provided herein, subject
to the following restrictions: (1) if the City sells any portion of
such land to any third party within 10 years after the transfer to the
City, which sale may be made without the foregoing use restrictions,
any proceeds received by the City in connection with such sale, minus
the demonstrated reasonable costs of conducting the sale and of any
improvements made by the City to the land following its acquisition of
the land (but only to the extent such improvements increase the value
of the portion sold), shall be immediately turned over to the Army in
reimbursement of the withdrawal payment made by the Army to the
contract purchaser and the costs of cleaning up the Landfill and (2)
until one year following completion of the cleanup of contaminated soil
in the Landfill and completion of the groundwater treatment facilities,
the sale must be at a per-acre price for the portion sold that is at
least equal to the per-acre contract price paid by the purchaser for
the portion of the Sale Parcel purchased under the Agreement and
Modification, as amended, and thereafter must be at a price at least
equal to the fair market value of the portion sold. The foregoing
restrictions shall not apply to a transfer to another public or quasi-
public agency for public uses of the kind described above. The deed to
the City shall contain a clause providing that, if any of the proceeds
referred to in clause (1) are not delivered to the Army within 30 days
after sale, or any portion of the land not sold as provided herein is
used for other than educational, park or recreational uses, title to
the applicable portion of such land shall revert to the United States
at the election of the Administrator of the General Services
Administration. The Secretary of the Army shall agree to deliver into
the applicable closing escrow an acknowledgement of receipt of any
proceeds described in clause (1) above and a release of the reverter
right as to the affected land, effective upon such receipt.
(b) Special Conveyance Regarding Building 138 Parcel.--The
Secretary of the Army may convey the Building 138 parcel, which has
been designated by the parties as Parcel A4 to the purchaser of the
Sale Parcel. The per-acre price for the portion sold shall be at least
equal to the per-acre contract price paid by the purchaser for the
portion of the Sale Parcel purchased under the Agreement and
Modification, dated September 25, 1990, as amended.
SEC. 2838. TRANSFER OF JURISDICTION, FORT BLISS, TEXAS.
(a) Transfer of Land for National Cemetery.--The Secretary of the
Army may transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of real
property (including any improvements thereon) consisting of
approximately 22 acres and comprising a portion of Fort Bliss, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall use the
real property transferred under subsection (a) as an addition to the
Fort Bliss National Cemetery and administer such real property pursuant
to chapter 24 of title 38, United States Code.
(c) Return of Unused Land.--If the Secretary of Veterans Affairs
determines that any portion of the real property transferred under
subsection (a) is not needed for use as a national cemetery, the
Secretary of Veterans Affairs shall return such portion to the
administrative jurisdiction of the Secretary of the Army.
(d) Legal Description.--The exact acreage and legal description of
the real property to be transferred under this section shall be
determined by surveys that are satisfactory to the Secretary of the
Army. The cost of such surveys shall be borne by the Secretary of
Veterans Affairs.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
transfer under this section as the Secretary of the Army considers
appropriate to protect the interests of the United States.
Subtitle D--Land Conveyances Involving Utilities
SEC. 2841. CONVEYANCE OF RESOURCE RECOVERY FACILITY, FORT DIX, NEW
JERSEY.
(a) Authority to Convey.--The Secretary of the Army may convey to
Burlington County, New Jersey (in this section referred to as the
``County''), all right, title, and interest of the United States in and
to a parcel of real property at Fort Dix, New Jersey, consisting of
approximately two acres and containing a resource recovery facility,
known as the Fort Dix resource recovery facility.
(b) Related Easements.--The Secretary may grant to the County any
easement that is necessary for access to and operation of the resource
recovery facility conveyed under subsection (a).
(c) Conditions on Conveyance.--The conveyance of the resource
recovery facility authorized by subsection (a) is subject to the
following conditions:
(1) That the County accept the resource recovery facility
in its existing condition at the time of conveyance.
(2) That the County provide refuse and steam service to
Fort Dix, New Jersey, at the rate established by the
appropriate Federal or State regulatory authority.
(3) That the County comply with all applicable
environmental laws and regulations relating to the resource
recovery facility, including any permit or license
requirements.
(4) That the County assume full responsibility for
ownership, operation, maintenance, repair, and all regulatory
compliance requirements for the resource recovery facility.
(d) Condition on Expansion.--The conveyance of the resource
recovery facility under subsection (a) shall also be subject to the
condition that the County may not expand the resource recovery facility
without prior approval by the Secretary.
(e) Environmental Compliance.--The County shall be responsible for
owning, operating, and upgrading the resource recovery facility in
accordance with all applicable Federal, State, and municipal laws and
regulations promulgated thereunder.
(f) Description of the Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
and of any easements to be granted under subsection (b), shall be
determined by a survey satisfactory to the Secretary. The cost of such
survey shall be borne by the County.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) and the grant of any easement under subsection (b)
as the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2842. CONVEYANCE OF WATER AND WASTEWATER TREATMENT PLANTS, FORT
GORDON, GEORGIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the city of Augusta, Georgia (in this section referred to as the
``City''), all right, title, and interest of the United States to
several parcels of real property located at Fort Gordon, Georgia, and
consisting of approximately seven acres each. The parcels are improved
with a water filtration plant, water distribution system with storage
tanks, sewage treatment plant, and sewage collection system.
(b) Related Easements.--The Secretary may grant to the City any
easement that is necessary for access to the real property conveyed
under subsection (a) and operation of the conveyed facilities.
(c) Conditions on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following conditions:
(1) That the City accept the water and wastewater treatment
plants and distribution and collection systems in their
existing condition at the time of conveyance.
(2) That the City provide water and sewer service to Fort
Gordon, Georgia, at a rate established by the appropriate
Federal or State regulatory authority.
(3) That the City comply with all applicable environmental
laws and regulations regarding the real property conveyed under
subsection (a), including any permit or license requirements.
(4) That the City assume full responsibility for ownership,
operation, maintenance, repair, and all regulatory compliance
requirements for the water and wastewater treatment plants and
distribution and collection systems.
(d) Condition on Expansion.--The conveyance under subsection (a)
shall also be subject to the condition that the City may not expand the
water and wastewater treatment plants and distribution and collection
systems without prior approval by the Secretary.
(e) Environmental Compliance.--The City shall be responsible for
owning, operating, and upgrading the water and wastewater treatment
plants and distribution and collection systems in accordance with all
applicable Federal, State, and municipal laws and regulations
promulgated thereunder.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
and of any easements granted under subsection (b), shall be determined
by a survey satisfactory to the Secretary. The cost of such survey
shall be borne by the City.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) and the grant of any easement under subsection (b)
as the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2843. CONVEYANCE OF ELECTRICAL DISTRIBUTION SYSTEM, FORT IRWIN,
CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Southern California Edison Company, California (in this section
referred to as the ``Company''), all right, title, and interest of the
United States in and to the electrical distribution system located at
Fort Irwin, California.
(b) Description of System and Conveyance.--The electrical
distribution system authorized to be conveyed under subsection (a)
consists of approximately 115 miles of electrical distribution lines,
including poles, switches, reclosers, transformers, regulators,
switchgears, and service lines. The conveyance includes the equipment,
fixtures, structures, and other improvements the Federal Government
utilizes to provide electrical services at Fort Irwin. The conveyance
shall not include any real property.
(c) Related Easements.--The Secretary may grant to the Company any
easement that is necessary for access to and operation of the
electrical distribution system conveyed under subsection (a).
(d) Conditions on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following conditions:
(1) That the Company accept the electrical distribution
system in its existing condition at the time of conveyance.
(2) That the Company provide electrical service to Fort
Irwin, California, at a rate established by the appropriate
Federal or State regulatory authority.
(3) That the Company comply with all applicable
environmental laws and regulations regarding the electrical
distribution system, including any permit or license
requirements.
(4) That the Company assume full responsibility for
ownership, operation, maintenance, repair, and all regulatory
compliance requirements for the electrical distribution system.
(e) Condition on Expansion.--The conveyance under subsection (a)
shall also be subject to the condition that the Company may not expand
the electrical distribution system without prior approval by the
Secretary.
(f) Environmental Compliance.--The Company shall be responsible for
owning, operating, and upgrading the electrical distribution system in
accordance with all applicable Federal, State, and municipal laws and
regulations promulgated thereunder.
(g) Description of Easement.--The exact acreage and legal
description of any easement granted under subsection (c) shall be
determined by a survey satisfactory to the Secretary. The cost of such
survey shall be borne by the Company.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) and the grant of any easement under subsection (c)
as the Secretary considers appropriate to protect the interests of the
United States.
Subtitle E--Other Matters
SEC. 2851. EXPANSION OF AUTHORITY TO SELL ELECTRICITY.
(a) Inclusion of Additional Energy Production Facilities.--
Subsection (a) of section 2483 of title 10, United States Code, is
amended by striking out ``alternate energy and cogeneration type
production facilities'' in the first sentence and inserting in lieu
thereof ``energy production facilities''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2483. Special sale authority regarding electricity''.
(2) The table of sections at the beginning of chapter 147 of title
10, United States Code, is amended by striking out the item relating to
section 2483 and inserting in lieu thereof the following new item:
``2483. Special sale authority regarding electricity.''.
SEC. 2852. AUTHORITY FOR MISSISSIPPI STATE PORT AUTHORITY TO USE NAVY
PROPERTY AT NAVAL CONSTRUCTION BATTALION CENTER,
GULFPORT, MISSISSIPPI.
(a) Joint Use Agreement Authorized.--The Secretary of the Navy may
enter into an agreement with the Port Authority of the State of
Mississippi (in this section referred to as the ``Port Authority''),
under which the Port Authority may use real property comprising up to
50 acres located at the Naval Construction Battalion Center, Gulfport,
Mississippi (in this section referred to as the ``Center'').
(b) Term of Agreement.--The agreement authorized under subsection
(a) may be for an initial period of not more than 15 years. Under the
agreement, the Secretary shall provide the Port Authority with an
option to extend the agreement for at least three additional periods of
five years each.
(c) Conditions on Use.--The agreement authorized under subsection
(a) shall require the Port Authority--
(1) to suspend operations under the agreement in the event
Navy contingency operations are conducted at the Center; and
(2) to use the property covered by the agreement in a
manner consistent with Navy operations conducted at the Center.
(d) Consideration.--(1) As consideration for the use of the
property covered by the agreement under subsection (a), the Port
Authority shall pay to the Navy an amount equal to the fair market
rental value of the property, as determined by the Secretary taking
into consideration the Port Authority's use of the property.
(2) The Secretary may include a provision in the agreement
requiring the Port Authority--
(A) to pay the Navy an amount (as determined by the
Secretary) to cover the costs of replacing at the Center any
facilities vacated by the Navy on account of the agreement or
to construct suitable replacement facilities for the Navy; and
(B) to pay the Navy an amount (as determined by the
Secretary) for the costs of relocating Navy operations from the
vacated facilities to the replacement facilities.
(e) Congressional Notification.--The Secretary may not enter into
the agreement authorized by subsection (a) until the end of the 21-day
period beginning on the date on which the Secretary submits to Congress
a report containing an explanation of the terms of the proposed
agreement and a description of the consideration that the Secretary
expects to receive under the agreement.
(f) Use of Payment.--(1) In such amounts as are provided in advance
in appropriation Acts, the Secretary may use amounts paid under
subsection (d)(1) to pay for general supervision, administration, and
overhead expenses and for improvement, maintenance, repair,
construction, or restoration of the roads, railways, and facilities
serving the Center.
(2) In such amounts as are provided in advance in appropriation
Acts, the Secretary may use amounts paid under subsection (d)(2) to pay
for constructing new facilities, or making modifications to existing
facilities, that are necessary to replace facilities vacated by the
Navy on account of the agreement under subsection (a) and for
relocating operations of the Navy from the vacated facilities to
replacement facilities.
(g) Construction by Port Authority.--The Secretary may authorize
the Port Authority to demolish existing facilities located on the
property covered by the agreement under subsection (a) and, consistent
with the restriction specified in subsection (c)(2), construct new
facilities on the property for joint use by the Port Authority and the
Navy.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the agreement
authorized under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2853. PROHIBITION ON JOINT CIVIL AVIATION USE OF NAVAL AIR STATION
MIRAMAR, CALIFORNIA.
The Secretary of the Navy may not enter into any agreement that
would provide for or permit civil aircraft to regularly use Naval Air
Station Miramar, California.
SEC. 2854. REPORT REGARDING ARMY WATER CRAFT SUPPORT FACILITIES AND
ACTIVITIES.
Not later than February 15, 1996, the Secretary of the Army shall
submit to Congress a report describing--
(1) the location, assets, and mission of each Army
facility, active or reserve component, that supports water
transportation operations;
(2) an infrastructure inventory and utilization rate of
each Army facility supporting water transportation operations;
(3) options for consolidating these operations to reduce
overhead; and
(4) actions that can be taken to affirmatively respond to
requests from the residents of Marcus Hook, Pennsylvania, to
close the Army Reserve facility located in Marcus Hook and make
the facility available for use by the community.
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.
(a) Stockpile Stewardship.--Subject to subsection (d), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1996 for stockpile stewardship in carrying out weapons
activities necessary for national security programs in the amount of
$3,610,914,000, to be allocated as follows:
(1) For core stockpile stewardship, $1,189,708,000 for
fiscal year 1996, to be allocated as follows:
(A) For operation and maintenance, $1,098,403,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $96,305,000, to be
allocated as follows:
Project 96-D-102, stockpile stewardship
facilities revitalization, Phase VI, various
locations, $2,520,000.
Project 96-D-103, ATLAS, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$8,400,000.
Project 96-D-104, processing and
environmental technology laboratory (PETL),
Sandia National Laboratories, Albuquerque, New
Mexico, $1,800,000.
Project 96-D-105, contained firing facility
addition, Lawrence Livermore National
Laboratory, Livermore, California, $6,600,000.
Project 95-D-102, Chemical and Metallurgy
Research Building upgrades project, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$9,940,000.
Project 94-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase V, various locations,
$12,200,000.
Project 93-D-102, Nevada support facility,
North Las Vegas, Nevada, $15,650,000.
Project 90-D-102, nuclear weapons research,
development, and testing facilities
revitalization, Phase III, various locations,
$6,200,000.
Project 88-D-106, nuclear weapons research,
development, and testing facilities
revitalization, Phase II, various locations,
$27,995,000.
(2) For inertial fusion, $240,667,000, to be allocated as
follows:
(A) For operation and maintenance, $203,267,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $37,400,000 to be
allocated as follows:
Project 96-D-111, national ignition
facility, TBD, $37,400,000.
(3) For technology transfer, $25,000,000.
(4) For Marshall Islands, $6,800,000.
(b) Stockpile Management.--Subject to subsection (d), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1996 for stockpile management in carrying out weapons
activities necessary for national security programs in the amount of
$2,142,083,000, to be allocated as follows:
(1) For operation and maintenance, $2,028,458,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$113,625,000, to be allocated as follows:
Project 96-D-122, sewage treatment quality upgrade
(STQU), Pantex Plant, Amarillo, Texas, $600,000.
Project 96-D-123, retrofit HVAC and chillers for
ozone protection, Y-12 Plant, Oak Ridge, Tennessee,
$3,100,000.
Project 96-D-125, Washington measurements
operations facility, Andrews Air Force Base, Camp
Springs, Maryland, $900,000.
Project 96-D-126, tritium loading line
modifications, Savannah River Site, South Carolina,
$12,200,000.
Project 95-D-122, sanitary sewer upgrade, Y-12
Plant, Oak Ridge, Tennessee, $6,300,000.
Project 94-D-124, hydrogen fluoride supply system,
Y-12 Plant, Oak Ridge, Tennessee, $8,700,000.
Project 94-D-125, upgrade life safety, Kansas City
Plant, Kansas City, Missouri, $5,500,000.
Project 94-D-127, emergency notification system,
Pantex Plant, Amarillo, Texas, $2,000,000.
Project 94-D-128, environmental safety and health
analytical laboratory, Pantex Plant, Amarillo, Texas,
$4,000,000.
Project 93-D-122, life safety upgrades, Y-12 Plant,
Oak Ridge, Tennessee, $7,200,000.
Project 93-D-123, complex-21, various locations,
$41,065,000.
Project 88-D-122, facilities capability assurance
program, various locations, $8,660,000.
Project 88-D-123, security enhancement, Pantex
Plant, Amarillo, Texas, $13,400,000.
(c) Program Direction.--Subject to subsection (d), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1996 for program direction in carrying out weapons activities
necessary for national security programs in the amount of $118,000,000.
(d) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in subsections (a) through (c) reduced by the sum of--
(1) $25,000,000, for savings resulting from procurement
reform; and
(2) $86,344,000, for use in prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) Corrective Activities.--Subject to subsection (i), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1996 for corrective activities in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $3,406,000, all of which
shall be available for the following plant project (including
maintenance, restoration, planning, construction, acquisition,
modification of facilities, and land acquisition related thereto):
Project 90-D-103, environment, safety and health
improvements, weapons research and development complex, Los
Alamos National Laboratory, Los Alamos, New Mexico.
(b) Environmental Restoration.--Subject to subsection (i), funds
are hereby authorized to be appropriated to the Department of Energy
for fiscal year 1996 for environmental restoration in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $1,575,973,000.
(c) Waste Management.--Subject to subsection (i), funds are hereby
authorized to be appropriated to the Department of Energy for fiscal
year 1996 for waste management in carrying out environmental
restoration and waste management activities necessary for national
security programs in the amount of $2,351,596,000, to be allocated as
follows:
(1) For operation and maintenance, $2,168,994,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$182,602,000, to be allocated as follows:
Project 96-D-406, K-Basin operations program,
Richland, Washington, $26,000,000.
Project 96-D-407, mixed waste low level waste
treatment projects, Rocky Flats, Golden, Colorado,
$2,900,000.
Project 96-D-408, waste management upgrades,
various locations, $5,615,000.
Project 95-D-402, install permanent electrical
service for the Waste Isolation Pilot Plant, Carlsbad,
New Mexico, $4,314,000.
Project 95-D-405, industrial landfill V and
construction/demolition landfill VII, Phase III, Y-12
Plant, Oak Ridge, Tennessee, $4,600,000.
Project 95-D-406, road 5-01 reconstruction, area 5,
Nevada Test Site, Nevada, $1,023,000.
Project 94-D-400, high explosive wastewater
treatment system, Los Alamos National Laboratory, Los
Alamos, New Mexico, $4,445,000.
Project 94-D-402, liquid waste treatment system,
Nevada Test Site, Nevada, $282,000.
Project 94-D-404, Melton Valley storage tanks
capacity increase, Oak Ridge National Laboratory, Oak
Ridge, Tennessee, $11,000,000.
Project 94-D-407, initial tank retrieval systems,
Richland, Washington, $9,400,000.
Project 94-D-411, solid waste operations complex
project, Richland, Washington, $5,500,000.
Project 94-D-417, intermediate level and low
activity waste vaults, Savannah River Site, Aiken,
South Carolina, $2,704,000.
Project 93-D-178, building 374 liquid waste
treatment facility, Rocky Flats Environmental
Technology Site, Golden, Colorado, $3,900,000.
Project 93-D-182, replacement of cross-site
transfer system, Richland, Washington, $19,795,000.
Project 93-D-183, multi-function waste remediation
facility, Richland, Washington, $31,000,000.
Project 93-D-187, high-level waste removal from
filled waste tanks, Savannah River Site, Aiken, South
Carolina, $19,700,000.
Project 92-D-171, mixed waste receiving and storage
facility, Los Alamos National Laboratory, Los Alamos,
New Mexico, $1,105,000.
Project 92-D-188, waste management environmental,
safety and health (ES&H) and compliance activities,
various locations, $1,100,000.
Project 90-D-172, aging waste transfer lines,
Richland, Washington, $2,000,000.
Project 90-D-177, RWMC transuranic (TRU) waste
characterization and storage facility, Idaho National
Engineering Laboratory, Idaho, $1,428,000.
Project 90-D-178, TSA retrieval enclosure, Idaho
National Engineering Laboratory, Idaho, $2,606,000.
Project 89-D-173, tank farm ventilation upgrade,
Richland, Washington, $800,000.
Project 89-D-174, replacement high-level waste
evaporator, Savannah River Site, Aiken, South Carolina,
$11,500,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $8,885,000.
Project 83-D-148, nonradioactive hazardous waste
management, Savannah River Site, Aiken, South Carolina,
$1,000,000.
(d) Technology Development.--Subject to subsection (i), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1996 for technology development in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $390,510,000.
(e) Transportation Management.--Subject to subsection (i), funds
are hereby authorized to be appropriated to the Department of Energy
for fiscal year 1996 for transportation management in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $10,158,000.
(f) Nuclear Materials and Facilities Stabilization.--Subject to
subsection (i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 for nuclear materials and
facilities stabilization in carrying out environmental restoration and
waste management activities necessary for national security programs in
the amount of $1,514,504,000 to be allocated as follows:
(1) For operation and maintenance, $1,427,108,000.
(2) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$87,396,000, to be allocated as follows:
Project 96-D-458, site drainage control, Mound
Plant, Miamisburg, Ohio, $885,000.
Project 96-D-461, Idaho National Engineering
Laboratory electrical distribution upgrade, Idaho
National Engineering Laboratory, Idaho, $1,539,000.
Project 96-D-462, health physics instrument
laboratory, Idaho National Engineering Laboratory,
Idaho, $1,126,000.
Project 96-D-464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, Idaho, $4,952,000.
Project 96-D-470, environmental monitoring
laboratory, Savannah River Site, Aiken, South Carolina,
$3,500,000.
Project 96-D-471, CFC HVAC/chiller retrofit,
Savannah River Site, Aiken, South Carolina, $1,500,000.
Project 96-D-473, health physics site support
facility, Savannah River Site, Aiken, South Carolina,
$2,000,000.
Project 95-D-155, upgrade site road infrastructure,
Savannah River site, Aiken, South Carolina, $2,900,000.
Project 95-D-156, radio trunking system, Savannah
River site, Aiken, South Carolina, $6,000,000.
Project 95-D-454, 324 facility compliance/
renovation, Richland, Washington, $3,500,000.
Project 95-D-456, security facilities
consolidation, Idaho Chemical Processing Plant, Idaho
National Engineering Laboratory, Idaho, $8,382,000.
Project 94-D-122, underground storage tanks, Rocky
Flats Plant, Golden, Colorado, $5,000,000.
Project 94-D-401, emergency response facility,
Idaho National Engineering Laboratory, Idaho,
$5,074,000.
Project 94-D-412, 300 area process sewer piping
system upgrade, Richland, Washington, $1,000,000.
Project 94-D-415, Idaho National Engineering
Laboratory medical facilities, Idaho National
Engineering Laboratory, Idaho, $3,601,000.
Project 94-D-451, infrastructure replacement, Rocky
Flats Plant, Golden, Colorado, $2,940,000.
Project 93-D-147, domestic water system upgrade,
Phase I and II, Savannah River Site, Aiken, South
Carolina, $7,130,000.
Project 93-D-172, Idaho National Engineering
Laboratory electrical upgrade, Idaho National
Engineering Laboratory, Idaho, $124,000.
Project 92-D-123, plant fire/security alarm system
replacement, Rocky Flats Plant, Golden, Colorado,
$9,560,000.
Project 92-D-125, master safeguards and security
agreement/materials surveillance task force security
upgrades, Rocky Flats Plant, Golden, Colorado,
$7,000,000.
Project 92-D-181, Idaho National Engineering
Laboratory fire and life safety improvements, Idaho
National Engineering Laboratory, Idaho, $6,883,000.
Project 91-D-127, criticality alarm and plant
annunciation utility replacement, Rocky Flats Plant,
Golden, Colorado, $2,800,000.
(g) Compliance and Program Coordination.--Subject to subsection
(i), funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 1996 for compliance and program coordination
in carrying out environmental restoration and waste management
activities necessary for national security programs in the amount of
$31,251,000, to be allocated as follows:
(1) For operation and maintenance, $16,251,000.
(2) For the following plant project (including maintenance,
restoration, planning, construction, acquisition, modification
of facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto):
Project 95-E-600, hazardous materials management
and emergency response training center, Richland,
Washington, $15,000,000.
(h) Analysis, Education, and Risk Management.--Subject to
subsection (i), funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 1996 analysis, education, and risk
management in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $77,022,000.
(i) Adjustments.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts specified in
subsections (a) through (h) reduced by the sum of--
(1) $651,942,000, for use of prior year balances; and
(2) $37,000,000 for Savannah River Pension Refund.
SEC. 3103. PAYMENT OF PENALTIES.
The Secretary of Energy may pay to the Hazardous Substance
Superfund established under section 9507 of the Internal Revenue Code
of 1986 (26 U.S.C. 9507), from funds appropriated to the Department of
Energy for environmental restoration and waste management activities
pursuant to section 3102, stipulated civil penalties assessed under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) in the amount of $350,000 assessed
against the Rocky Flats site, Colorado, under such Act.
SEC. 3104. OTHER DEFENSE ACTIVITIES.
(a) Other Defense Activities.--Subject to subsection (b), funds are
hereby authorized to be appropriated to the Department of Energy for
fiscal year 1996 for other defense activities in carrying out programs
necessary for national security in the amount of $1,328,841,000, to be
allocated as follows:
(1) For verification and control technology, $353,200,000,
to be allocated as follows:
(A) For nonproliferation and verification research
and development, $163,500,000.
(B) For arms control, $147,364,000.
(C) For intelligence, $42,336,000.
(2) For nuclear safeguards and security, $83,395,000.
(3) For security investigations, $25,000,000.
(4) For security evaluations, $14,707,000.
(5) For the Office of Nuclear Safety, $15,050,000.
(6) For worker and community transition assistance,
$75,000,000.
(7) For fissile materials disposition, $70,000,000.
(8) For emergency management, $23,321,000.
(9) For naval reactors development, $682,168,000, to be
allocated as follows:
(A) For operation and infrastructure, $659,168,000.
(B) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $23,000,000, to be
allocated as follows:
Project 95-D-200, laboratory systems and
hot cell upgrades, various locations,
$11,300,000.
Project 95-D-201, advanced test reactor
radioactive waste system upgrades, Idaho
National Engineering Laboratory, Idaho,
$4,800,000.
Project 93-D-200, engineering services
facilities, Knolls Atomic Power Laboratory,
Niskayuna, New York, $3,900,000.
Project 90-N-102, expended core facility
dry cell project, Naval Reactors facility,
Idaho, $3,000,000.
(b) Adjustment.--The total amount that may be appropriated pursuant
to this section is the amount authorized to be appropriated in
subsection (a) reduced by the sum of $13,000,000, for use of prior year
balances.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1996 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(c)) in the amount of $198,400,000.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the
congressional defense committees the report referred to in subsection
(b) and a period of 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $2,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $2,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by sections 3101, 3102, and 3104, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorizations of the Federal
agency to which the amounts are transferred.
(b) Transfer Within Department of Energy; Limitations.--(1) Subject
to paragraph (2), the Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant to this title
between any such authorizations. Amounts of authorizations so
transferred may be merged with and be available for the same purposes
and for the same time period as the authorization to which the amounts
are transferred.
(2) Not more than 5 percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than 5 percent by a
transfer under such paragraph.
(3) The authority provided by this section to transfer
authorizations--
(A) may only be used to provide funds for items that have a
higher priority than the items from which the funds are
transferred; and
(B) may not be used to provide authority for an item that
has been denied funds by Congress.
(c) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph
(2) and except as provided in paragraph (3), before submitting to
Congress a request for funds for a construction project that is in
support of a national security program of the Department of Energy, the
Secretary of Energy shall complete a conceptual design for that
project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $2,000,000, or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design services (including architectural and engineering
services) in connection with any proposed construction project if the
total estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including those funds authorized to be appropriated for advance
planning and construction design under sections 3101, 3102, and 3104,
to perform planning, design, and construction activities for any
Department of Energy defense activity construction project that, as
determined by the Secretary, must proceed expeditiously in order to
protect public health and safety, meet the needs of national defense,
or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
(d) Report.--The Secretary of Energy shall report to the
congressional defense committees any exercise of authority under this
section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section 3121
of this title, amounts appropriated pursuant to this title for
management and support activities and for general plant projects are
available for use, when necessary, in connection with all national
security programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
When so specified in an appropriation Act, amounts appropriated for
operating expenses or for plant and capital equipment may remain
available until expended.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE MATERIALS.
(a) Authority.--The Secretary of Energy may conduct programs
designed to improve the protection, control, and accountability of
fissile materials in Russia.
(b) Prior Notice to Congress of Obligation of Funds.--
(1) Annual requirement.--(A) Not less than 15 days before
any obligation of any funds appropriated for any fiscal year
for a program described in subsection (a), the Secretary of
Energy shall submit to the congressional committees specified
in subparagraph (B) a report on that proposed obligation for
that program for that fiscal year.
(B) The congressional committees referred to in
subparagraph (A) are the following:
(i) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate.
(ii) The Committee on National Security, the
Committee on International Relations, and the Committee
on Appropriations of the House of Representatives.
(2) Matters to be specified in reports.--Each such report
shall specify--
(A) the activities and forms of assistance for
which the Secretary of Energy plans to obligate funds;
(B) the amount of the proposed obligation; and
(C) the projected involvement (if any) of any
department or agency of the United States (in addition
to the Department of Energy) and of the private sector
of the United States in the activities and forms of
assistance for which the Secretary of Energy plans to
obligate such funds.
SEC. 3132. NATIONAL IGNITION FACILITY.
None of the funds appropriated pursuant to this title for the
National Ignition Facility may be obligated until--
(1) the Secretary of Energy concludes that the construction
of the National Ignition Facility will not impede the nuclear
nonproliferation objectives of the United States; and
(2) the Secretary of Energy notifies the congressional
defense committees of that conclusion.
SEC. 3133. TRITIUM PRODUCTION.
(a) New Tritium Production Activities.--
(1) Of the amounts authorized to be appropriated in section
3101(b), not more than $50,000,000 shall be available for a
project to provide a long-term source of tritium, subject to
paragraph (2).
(2) The amount made available under paragraph (1) may not
be used until such time as the Secretary of Energy has
completed a record of decision on a tritium production program
and congressional hearings have been conducted to determine the
appropriate option, in light of the national security needs and
nonproliferation and environmental consequences, for
establishing a long-term source of tritium.
(b) Fissile Materials Control and Disposition.--Funds authorized to
be appropriated for fiscal year 1996 for fissile materials storage and
disposition activities shall be available only for completing the
evaluation and beginning the implementation of the plutonium storage
and disposition option, including the multipurpose advanced light water
reactor, in the amount of $70,000,000, of which--
(1) $5,000,000 shall be made available to the Idaho
National Engineering Laboratory for evaluation of plutonium
conversion to oxide fuel material in the multipurpose advanced
light water reactor; and
(2) sufficient funds shall be made available for a complete
consideration of the multipurpose advanced light water reactor
in the Department of Energy programmatic environmental impact
statement.
Subtitle D--Other Matters
SEC. 3141. REPORT ON FOREIGN TRITIUM PURCHASES.
Not later than February 1, 1996, the President shall submit to
Congress a report on the feasibility of, the cost of, and the
political, legal, and other issues associated with purchasing tritium
from various foreign suppliers in order to ensure an adequate supply of
tritium in the United States for nuclear weapons.
SEC. 3142. STUDY ON NUCLEAR TEST READINESS POSTURES.
Not later than February 15, 1996, the Secretary of Energy shall
submit to Congress a report on the cost of, and the programmatic and
other issues associated with, sustaining an ability to conduct an
underground nuclear test in 6, 18, and 36 months from the date on which
the President determines that such a test is necessary to ensure the
national security of the United States.
SEC. 3143. MASTER PLAN ON WARHEADS IN THE ENDURING STOCKPILE.
(a) Master Plan.--Not later than March 15, 1996, the President
shall submit to Congress a master plan that describes in detail how the
Government plans to demonstrate, by 2002--
(1) the capability to refabricate and certify warheads in
the enduring stockpile; and
(2) the capability to design, fabricate, and certify new
warheads.
(b) Form of Plan.--The plan should be submitted in classified and
unclassified forms.
SEC. 3144. PROHIBITION ON INTERNATIONAL INSPECTIONS OF DEPARTMENT OF
ENERGY FACILITIES UNLESS PROTECTION OF RESTRICTED DATA IS
CERTIFIED.
(a) Prohibition on Inspections.--The Secretary of Energy may not
allow an inspection of a nuclear weapons facility by the International
Atomic Energy Agency until--
(1) the Secretary certifies to Congress that no restricted
data or classified information will be revealed during such
inspection; and
(2) a period of 30 days has passed since the date on which
such certification was made.
(b) Restricted Data Defined.--In this section, the term
``restricted data'' has the meaning provided by section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
SEC. 3145. ACCELERATED SCHEDULE FOR ENVIRONMENTAL MANAGEMENT
ACTIVITIES.
(a) Accelerated Cleanup.--The Secretary of Energy shall accelerate
the schedule for environmental management activities and projects for
any specific Department of Energy defense nuclear facility site if, in
the opinion of the Secretary, such an accelerated schedule will result
in substantial long-term cost savings to the Federal Government and
speed up release of land for economic development.
(b) Site Selection.--In selecting sites for an accelerated schedule
under subsection (a), the Secretary shall give highest priority to
sites that are in close proximity to populated areas, that pose
significant risk, and that have the greatest potential to result in
privatization, commercialization, and economic development of unneeded
facilities.
(c) Eligibility.--For purposes of subsection (a), environmental
management activities and projects shall be eligible for an accelerated
schedule under subsection (a) if the time for completion at the site of
such activities can be reduced by 50 percent or more below the time
established in the report of the Department of Energy Office of
Environmental Management titled ``1995 Baseline Environmental
Management Report'', March 1995.
(d) Savings Provision.--Nothing in this section shall be construed
as affecting a specific statutory requirement for a specific project or
as modifying or otherwise affecting applicable statutory or regulatory
environmental restoration requirements, including substantive standards
intended to protect public health and the environment.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1996
$17,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.)
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. FISCAL YEAR 1996 AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 1996, the
National Defense Stockpile Manager may obligate up to $77,100,000 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3302. PREFERENCE FOR DOMESTIC UPGRADERS IN DISPOSAL OF CHROMITE
AND MANGANESE ORES AND CHROMIUM FERRO AND MANGANESE METAL
ELECTROLYTIC.
(a) Preference for Domestic Upgrading.--In offering to enter into
agreements pursuant to any provision of law for the disposal from the
National Defense Stockpile of chromite and manganese ores of
metallurgical grade or chromium ferro and manganese metal electrolytic,
the President shall give a right of first refusal on all such offers to
domestic ferroalloy upgraders.
(b) Domestic Ferroalloy Upgrader Defined.--For purposes of this
section, the term ``domestic ferroalloy upgrader'' means a company or
other business entity that, as determined by the President--
(1) is engaged in (or is capable of engaging in) operations
to upgrade chromite or manganese ores of metallurgical grade or
chromium ferro and manganese metal electrolytic; and
(2) conducts a significant level of its research,
development, engineering, and upgrading operations in the
United States.
(c) National Defense Stockpile Defined.--For purposes of this
section, the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c).
SEC. 3303. RESTRICTIONS ON DISPOSAL OF MANGANESE FERRO.
(a) Disposal of Lower Grade Material First.--The President may not
dispose of high carbon manganese ferro in the National Defense
Stockpile that meets the National Defense Stockpile classification of
Grade One, Specification 30(a), as revised on May 22, 1992, until
completing the disposal of all manganese ferro in the National Defense
Stockpile that does not meet such classification. The President may not
reclassify manganese ferro in the National Defense Stockpile after the
date of the enactment of this Act.
(b) Requirement for Domestic Upgrading.--Manganese ferro in the
National Defense Stockpile that does not meet the classification
specified in subsection (a) shall only be sold for domestic remelting
in a submerged arc ferromanganese furnace.
(c) National Defense Stockpile Defined.--For purposes of this
section, the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c).
SEC. 3304. TITANIUM INITIATIVE TO SUPPORT BATTLE TANK UPGRADE PROGRAM.
(a) Transfer of Titanium.--During each of the fiscal years 1996
through 2003, the Secretary of Defense shall transfer from stocks of
the National Defense Stockpile up to 250 short tons of titanium sponge
to the Secretary of the Army for use in the weight reduction portion of
the main battle tank upgrade program. Transfers under this section
shall be without charge to the Army, except that the Secretary of the
Army shall pay all transportation and related costs incurred in
connection with the transfer.
(b) National Defense Stockpile Defined.--For purposes of this
section, the term ``National Defense Stockpile'' means the stockpile
provided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary of
Energy $101,028,000 for fiscal year 1996 for the purpose of carrying
out activities under chapter 641 of title 10, United States Code,
relating to the naval petroleum reserves (as defined in section 7420(2)
of such title). Funds appropriated pursuant to such authorization shall
remain available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL
YEAR 1996.
Notwithstanding section 7430(b)(2) of title 10, United States Code,
during fiscal year 1996, any sale of any part of the United States
share of petroleum produced from Naval Petroleum Reserves Numbered 1,
2, and 3 shall be made at a price not less than 90 percent of the
current sales price, as estimated by the Secretary of Energy, of
comparable petroleum in the same area.
SEC. 3403. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1 (ELK HILLS).
(a) Sale of Elk Hills Unit Required.--Chapter 641 of title 10,
United States Code, is amended by inserting after section 7421 the
following new section:
``Sec. 7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills)
``(a) Sale Required.--(1) Notwithstanding any other provision of
this chapter, the Secretary shall sell all right, title, and interest
of the United States in and to lands owned or controlled by the United
States inside Naval Petroleum Reserve Numbered 1, commonly referred to
as the Elk Hills Unit, located in Kern County, California, and
established by Executive order of the President, dated September 2,
1912. Within one year after the effective date, the Secretary shall
enter into one or more contracts for the sale of all of the interest of
the United States in the reserve.
``(2) In this section:
``(A) The term `reserve' means Naval Petroleum Reserve
Numbered 1.
``(B) The term `unit plan contract' means the unit plan
contract between equity owners of the lands within the
boundaries of Naval Petroleum Reserve Numbered 1 entered into
on June 19, 1944.
``(C) The term `effective date' means the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 1996.
``(b) Equity Finalization.--(1) Not later than five months after
the effective date, the Secretary shall finalize equity interests of
the known oil and gas zones in Naval Petroleum Reserve Numbered 1 in
the manner provided by this subsection.
``(2) The Secretary shall retain the services of an independent
petroleum engineer, mutually acceptable to the equity owners, who shall
prepare a recommendation on final equity figures. The Secretary may
accept the recommendation of the independent petroleum engineer for
final equity in each known oil and gas zone and establish final equity
interest in the Naval Petroleum Reserve Numbered 1 in accordance with
such recommendation, or the Secretary may use such other method to
establish final equity interest in the reserve as the Secretary
considers appropriate.
``(3) If, on the effective date, there is an ongoing equity
redetermination dispute between the equity owners under section 9(b) of
the unit plan contract, such dispute shall be resolved in the manner
provided in the unit plan contract within five months after the
effective date. Such resolution shall be considered final for all
purposes under this section.
``(c) Timing and Administration of Sale.--(1) Not later than two
months after the effective date, the Secretary shall retain the
services of five independent experts in the valuation of oil and gas
fields to conduct separate assessments, in a manner consistent with
commercial practices, of the fair market value of the interest of the
United States in Naval Petroleum Reserve Numbered 1. In making their
assessments, the independent experts shall consider (among other
factors) all equipment and facilities to be included in the sale, the
net present value of the reserve, and the net present value of the
anticipated revenue stream that the Secretary determines the Treasury
would receive from the reserve if the reserve were not sold, adjusted
for any anticipated increases in tax revenues that would result if the
reserve were sold. The independent experts shall complete their
assessments within five months after the effective date. In setting the
minimum acceptable price for the reserve, the Secretary shall consider
the average of the five assessments or, if more advantageous to the
Government, the average of three assessments after excluding the high
and low assessments.
``(2) Not later than two months after the effective date, the
Secretary shall retain the services of an investment banker to
independently administer, in a manner consistent with commercial
practices and in a manner that maximizes sale proceeds to the
Government, the sale of Naval Petroleum Reserve Numbered 1 under this
section.
``(3) Not later than five months after the effective date, the
sales administrator selected under paragraph (2) shall complete a draft
contract for the sale of Naval Petroleum Reserve Numbered 1, which
shall accompany the invitation for bids and describe the terms and
provisions of the sale of the interest of the United States in the
reserve. The draft contract shall identify all equipment and facilities
to be included in the sale. The draft contract, including the terms and
provisions of the sale of the interest of the United States in the
reserve, shall be subject to review and approval by the Secretary, the
Secretary of the Treasury, and the Director of the Office of Management
and Budget.
``(4) Not later than six months after the effective date, the
Secretary shall publish an invitation for bids for the purchase of the
reserve.
``(5) Not later than nine months after the effective date, the
Secretary shall accept the highest responsible offer for purchase of
the interest of the United States in Naval Petroleum Reserve Numbered 1
that meets or exceeds the minimum acceptable price determined under
paragraph (1).
``(d) Future Liabilities.--The United States shall hold harmless
and fully indemnify the purchaser of the interest of the United States
in Naval Petroleum Reserve Numbered 1 from and against any claim or
liability as a result of ownership in the reserve by the United States.
``(e) Treatment of State of California Claim.--(1) All claims
against the United States by the State of California or the Teachers'
Retirement Fund of the State of California with respect to land within
the Naval Petroleum Reserve Numbered 1 or production or proceeds of
sale from the reserve shall be resolved only as follows:
``(A) A payment from funds provided for this purpose in
advance in appropriation Acts.
``(B) A grant of nonrevenue generating land in lieu of such
a payment pursuant to sections 2275 and 2276 of the Revised
Statutes of the United States (43 U.S.C. 851 and 852).
``(C) Any other means that would not be inconsistent with
the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.).
``(D) Any combination of subparagraphs (A), (B), and (C).
``(2) The value of any payment, grant, or means (or combination
thereof) under paragraph (1) may not exceed an amount equal to seven
percent of the proceeds from the sale of the reserve, after deducting
the costs incurred to conduct the sale.
``(f) Production Allocation for Sale.--(1) As part of the contract
for purchase of Naval Petroleum Reserve Numbered 1, the purchaser of
the interest of the United States in the reserve shall agree to make up
to 25 percent of the purchaser's share of annual petroleum production
from the purchased lands available for sale to small refiners, which do
not have their own adequate sources of supply of petroleum, for
processing or use only in their own refineries. None of the reserved
production sold to small refiners may be resold in kind. The purchaser
of the reserve may reduce the quantity of petroleum reserved under this
subsection in the event of an insufficient number of qualified bids.
The seller of this petroleum production has the right to refuse bids
that are less than the prevailing market price of comparable oil.
``(2) The purchaser of the reserve shall also agree to ensure that
the terms of every sale of the purchaser's share of annual petroleum
production from the purchased lands shall be so structured as to give
full and equal opportunity for the acquisition of petroleum by all
interested persons, including major and independent oil producers and
refiners alike.
``(g) Maintaining Elk Hills Unit Production.--Until the sale of
Naval Petroleum Reserve Numbered 1 is completed under this section, the
Secretary shall continue to produce the reserve at the maximum daily
oil or gas rate from a reservoir, which will permit maximum economic
development of the reservoir consistent with sound oil field
engineering practices in accordance with section 3 of the unit plan
contract. The definition of maximum efficient rate in section 7420(6)
of this title shall not apply to the reserve.
``(h) Effect on Existing Contracts.--(1) In the case of any
contract, in effect on the effective date, for the purchase of
production from any part of the United States' share of Naval Petroleum
Reserve Numbered 1, the sale of the interest of the United States in
the reserve shall be subject to the contract for a period of three
months after the closing date of the sale or until termination of the
contract, whichever occurs first. The term of any contract entered into
after the effective date for the purchase of such production shall not
exceed the anticipated closing date for the sale of the reserve.
``(2) The Secretary shall exercise the termination procedures
provided in the contract between the United States and Bechtel
Petroleum Operation, Inc., Contract Number DE-ACO1-85FE60520 so that
the contract terminates not later than the date of closing of the sale
of Naval Petroleum Reserve Numbered 1 under subsection (c).
``(3) The Secretary shall exercise the termination procedures
provided in the unit plan contract so that the unit plan contract
terminates not later than the date of closing of the sale of reserve
under subsection (c).
``(i) Effect on Antitrust Laws.--Nothing in this section shall be
construed to alter the application of the antitrust laws of the United
States to the purchaser of Naval Petroleum Reserve Numbered 1 or to the
lands in the reserve subject to sale under this section upon the
completion of the sale.
``(j) Preservation of Private Right, Title, and Interest.--Nothing
in this section shall be construed to adversely affect the ownership
interest of any other entity having any right, title, and interest in
and to lands within the boundaries of Naval Petroleum Reserve Numbered
1 and which are subject to the unit plan contract.
``(k) Congressional Notification.--Section 7431 of this title shall
not apply to the sale of Naval Petroleum Reserve Numbered 1 under this
section. However, the Secretary may not enter into a contract for the
sale of the reserve until the end of the 31-day period beginning on the
date on which the Secretary notifies the Committee on Armed Services of
the Senate and the Committee on National Security and the Committee on
Commerce of the House of Representatives of the proposed sale.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7421 the following new item:
``7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).''.
SEC. 3404. STUDY REGARDING FUTURE OF NAVAL PETROLEUM RESERVES (OTHER
THAN NAVAL PETROLEUM RESERVE NUMBERED 1).
(a) Study Required.--The Secretary of Energy shall conduct a study
to determine which of the following options regarding the naval
petroleum reserves represents the most cost-effective option for the
United States:
(1) Retention and operation of the naval petroleum reserves
by the Secretary under chapter 641 of title 10, United States
Code.
(2) Transfer of all or a part of the naval petroleum
reserves to the jurisdiction of another Federal agency.
(3) Lease of the naval petroleum reserves.
(4) Sale of the interest of the United States in the naval
petroleum reserves.
(b) Conduct of Study.--The Secretary shall retain an independent
petroleum consultant to conduct the study.
(c) Considerations Under Study.--An examination of the benefits to
be derived by the United States from the sale of the naval petroleum
reserves shall include an assessment and estimate, in a manner
consistent with commercial practices, of the fair market value of the
interest of the United States in the naval petroleum reserves. An
examination of the benefits to be derived by the United States from the
lease of the naval petroleum reserves shall consider full exploration,
development, and production of petroleum products in the naval
petroleum reserves, with a royalty payment to the United States.
(d) Report Regarding Study.--Not later than December 31, 1995, the
Secretary shall submit to Congress a report describing the results of
the study and containing such recommendations as the Secretary
considers necessary to implement the most cost-effective option
identified in the study.
(e) Naval Petroleum Reserves Defined.--For purposes of this
section, the term ``naval petroleum reserves'' has the meaning given
that term in section 7420(2) of title 10, United States Code, except
that such term does not include Naval Petroleum Reserve Numbered 1.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 1996''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to make such expenditures within the limits of
funds and borrowing authority available to it in accordance with law,
and to make such contracts and commitments without regard to fiscal
year limitations, as may be necessary under the Panama Canal Act of
1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, and
improvement of the Panama Canal for fiscal year 1996.
(b) Limitations.--For fiscal year 1996, the Panama Canal Commission
may expend from funds in the Panama Canal Revolving Fund not more than
$50,741,000 for administrative expenses, of which not more than--
(1) $11,000 may be used for official reception and
representation expenses of the Supervisory Board of the
Commission;
(2) $5,000 may be used for official reception and
representation expenses of the Secretary of the Commission; and
(3) $30,000 may be used for official reception and
representation expenses of the Administrator of the Commission.
(c) Replacement Vehicles.--Funds available to the Panama Canal
Commission shall be available for the purchase of not to exceed 38
passenger motor vehicles built in the United States (including large
heavy-duty vehicles to be used to transport Commission personnel across
the isthmus of Panama). A vehicle may be purchased with such funds only
as necessary to replace another passenger motor vehicle of the
Commission.
SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS.
Expenditures authorized under this subtitle may be made only in
accordance with the Panama Canal Treaties of 1977 and any law of the
United States implementing those treaties.
Subtitle B--Reconstitution of Commission as Government Corporation
SEC. 3521. SHORT TITLE.
This subtitle may be cited as the ``Panama Canal Amendments Act of
1995''.
SEC. 3522. RECONSTITUTION OF COMMISSION AS GOVERNMENT CORPORATION.
Section 1101 of the Panama Canal Act of 1979 (22 U.S.C. 3611) is
amended to read as follows:
``establishment, purposes, offices, and residence of the commission
``Sec. 1101. (a) For the purposes of managing, operating, and
maintaining the Panama Canal and its complementary works, installations
and equipment, and of conducting operations incident thereto, in
accordance with the Panama Canal Treaty of 1977 and related agreements,
the Panama Canal Commission (hereinafter in this Act referred to as the
`Commission') is established as a wholly owned government corporation
(as that term is used in chapter 91 of title 31, United States Code)
within the executive branch of the Government of the United States. The
authority of the President with respect to the Commission shall be
exercised through the Secretary of Defense.
``(b) The principal office of the Commission shall be located in
the Republic of Panama in one of the areas made available for use of
the United States under the Panama Canal Treaty of 1977 and related
agreements, but the Commission may establish branch offices in such
other places as it deems necessary or appropriate for the conduct of
its business. Within the meaning of the laws of the United States
relating to venue in civil actions, the Commission is an inhabitant and
resident of the District of Columbia and the eastern judicial district
of Louisiana.''.
SEC. 3523. SUPERVISORY BOARD.
Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is
amended by striking so much as precedes subsection (b) and inserting
the following:
``supervisory board
``Sec. 1102. (a) The Commission shall be supervised by a Board
composed of nine members, one of whom shall be the Secretary of Defense
or an officer of the Department of Defense designated by the Secretary.
Not less than five members of the Board shall be nationals of the
United States and the remaining members of the Board shall be nationals
of the Republic of Panama. Three members of the Board who are nationals
of the United States shall hold no other office in, and shall not be
employed by, the Government of the United States, and shall be chosen
for the independent perspective they can bring to the Commission's
affairs. Members of the Board who are nationals of the United States
shall cast their votes as directed by the Secretary of Defense or a
designee of the Secretary of Defense.''.
SEC. 3524. INTERNATIONAL ADVISORS.
Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is
amended by adding at the end the following new subsection:
``(d)(1) In order to enhance the prestige of the Commission in the
world shipping community and allow for the exchange of varied
perspectives between the Board and distinguished international guests
in the important deliberations of the Commission, the Government of the
United States and the Republic of Panama may each invite to attend
meetings of the Board, as a designated international advisor to the
Board, one individual chosen for the independent perspective that
individual can bring to the Commission's affairs, and who--
``(A) is not a citizen of Panama;
``(B) does not represent any user or customer of the Panama
Canal, or any particular interest group or nation; and
``(C) does not have any financial interest which could
constitute an actual or apparent conflict with regard to the
relationship of the individual with the Board of the
Commission.
``(2) Such designated international advisors may be compensated by
the Commission in the same manner and under the same circumstances as
apply under subsection (b) with regard to members of the Board. Such
designated international advisors shall have no vote on matters pending
before the Board.''.
SEC. 3525. GENERAL AND SPECIFIC POWERS OF COMMISSION.
The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) is amended by
inserting after section 1102 the following new sections:
``general powers of the commission
``Sec. 1102a. (a) The Commission, subject to the Panama Canal
Treaty of 1977 and related agreements, and to chapter 91 of title 31,
United States Code, popularly known as the Government Corporation
Control Act--
``(1) may adopt, alter, and use a corporate seal, which
shall be judicially noticed;
``(2) may by action of the Board of Directors adopt, amend,
and repeal bylaws governing the conduct of its general business
and the performance of the powers and duties granted to or
imposed upon it by law;
``(3) may sue and be sued in its corporate name, except
that--
``(A) its amenability to suit is limited by Article
VIII of the Panama Canal Treaty of 1977, section 1401
of this Act, and otherwise by law;
``(B) an attachment, garnishment, or similar
process may not be issued against salaries or other
moneys owed by the Commission to its employees except
as provided by section 5520a of title 5, United States
Code, and section 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, 662), or as otherwise
specifically authorized by the laws of the United
States; and
``(C) it is exempt from the payment of interest on
claims and judgments;
``(4) may enter into contracts, leases, agreements, or
other transactions; and
``(5) may determine the character of, and necessity for,
its obligations and expenditures and the manner in which they
shall be incurred, allowed, and paid, and may incur, allow, and
pay them, subject to pertinent provisions of law generally
applicable to Government corporations.
``(b) The Commission shall have the priority of the Government of
the United States in the payment of debts out of bankrupt estates.
``specific powers of commission
``Sec. 1102b. (a) Subject to the Panama Canal Treaty of 1977 and
related agreements, and to chapter 91 of title 31, United States Code,
popularly known as the Government Corporation Control Act, the
Commission may--
``(1) manage, operate, and maintain the Panama Canal;
``(2) construct or acquire, establish, maintain, and
operate docks, wharves, piers, shoreline facilities, shops,
yards, marine railways, salvage and towing facilities, fuel-
handling facilities, motor transportation facilities, power
systems, water systems, a telephone system, construction
facilities, living quarters and other buildings, warehouses,
storehouses, a printing plant, and manufacturing, processing,
or service facilities in connection therewith, recreational
facilities, and other activities, facilities, and appurtenances
necessary and appropriate for the accomplishment of the
purposes of this Act;
``(3) use the United States mails in the same manner and
under the same conditions as the executive departments of the
Federal Government; and
``(4) take such actions as are necessary or appropriate to
carry out the powers specifically conferred upon it.''.
SEC. 3526. CONGRESSIONAL REVIEW OF BUDGET.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C. 3712) is
amended--
(1) in subsection (c)(1) by striking ``and subject to
paragraph (2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) by amending subsection (e) to read as follows:
``(e) In accordance with section 9104 of title 31, United States
Code, the Congress shall review the annual budget of the Commission.''.
SEC. 3527. AUDITS.
Section 1313 of the Panama Canal Act of 1979 (22 U.S.C. 3723) is
amended--
(1) by striking the heading for the section and inserting
the following:
``audits'';
(2) in subsection (a) by striking ``Financial
transactions'' and inserting ``Subject to subsection (d),
financial transactions'';
(3) in subsection (b) in the first sentence by striking
``The Comptroller General'' and inserting ``Subject to
subsection (d), the Comptroller General''; and
(4) by adding at the end the following new subsections:
``(d) At the discretion of the Board provided for in section 1102,
the Commission may hire independent auditors to perform, in lieu of the
Comptroller General, the audit and reporting functions prescribed in
subsections (a) and (b).
``(e) In addition to auditing the financial statements of the
Commission, the independent auditor shall, in accordance with standards
for an examination of a financial forecast established by the American
Institute of Certified Public Accountants, examine and report on the
Commission's financial forecast that it will be in a position to meet
its financial liabilities on December 31, 1999.''.
SEC. 3528. PRESCRIPTION OF MEASUREMENT RULES AND RATES OF TOLLS.
Section 1601 of the Panama Canal Act of 1979 (22 U.S.C. 3791) is
amended to read as follows:
``prescription of measurement rules and rates of tolls
``Sec. 1601. The Commission may, subject to the provisions of this
Act, prescribe and from time to time change--
``(1) the rules for the measurement of vessels for the
Panama Canal; and
``(2) the tolls that shall be levied for use of the Panama
Canal.''.
SEC. 3529. PROCEDURES FOR CHANGES IN RULES OF MEASUREMENT AND RATES OF
TOLLS.
Section 1604 of the Panama Canal Act of 1979 (22 U.S.C. 3794) is
amended--
(1) in subsection (a) in the first sentence by striking
``1601(a)'' and inserting ``1601'';
(2) by amending subsection (c) to read as follows:
``(c) After the proceedings have been conducted pursuant to
subsections (a) and (b) of this section, the Commission may change the
rules of measurement or rates of tolls, as the case may be. The
Commission shall, however, publish notice of such change in the Federal
Register not less than 30 days before the effective date of the
change.''; and
(3) by striking subsections (d) and (e) and redesignating
subsection (f) as subsection (d).
SEC. 3530. MISCELLANEOUS TECHNICAL AMENDMENTS.
The Panama Canal Act of 1979 is amended--
(1) in section 1205 (22 U.S.C. 3645) in the last sentence
by striking ``appropriation'' and inserting ``fund'';
(2) in section 1303 (22 U.S.C. 3713) by striking ``The
authority of this section may not be used for administrative
expenses.'';
(3) in section 1321(d) (22 U.S.C. 3731(d)) in the second
sentence by striking ``appropriations or'';
(4) in section 1401(c) (22 U.S.C. 3761(c)) by striking
``appropriated for or'';
(5) in section 1415 (22 U.S.C. 3775) by striking
``appropriated or''; and
(6) in section 1416 (22 U.S.C. 3776) in the third sentence
by striking ``appropriated or''.
SEC. 3531. CONFORMING AMENDMENT TO TITLE 31, UNITED STATES CODE.
Section 9101(3) of title 31, United States Code, is amended by
adding at the end the following:
``(P) the Panama Canal Commission.''.
Passed the House of Representatives June 15, 1995.
Attest:
Clerk.