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Calendar No. 145104TH CONGRESS

1ST SESSION S. 1026[Report No. 104–112]

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.

IN THE SENATE OF THE UNITED STATES

JULY 12 (legislative day JULY 10), 1995

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

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

A BILLTo authorize appropriations for fiscal year 1996 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Depart-

ment 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 Representa-1

tives of the United States of America in Congress assembled,2

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SECTION 1. SHORT TITLE.1

This Act may be cited as the ‘‘National Defense Au-2

thorization Act for Fiscal Year 1996’’.3

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF4

CONTENTS.5

(a) DIVISIONS.—This Act is organized into three divi-6

sions as follows:7

(1) DIVISION A—Department of Defense Au-8

thorizations.9

(2) DIVISION B—Military Construction Author-10

izations.11

(3) DIVISION C—Department of Energy Na-12

tional Security Authorizations and Other Authoriza-13

tions.14

(b) TABLE OF CONTENTS.—The table of contents for15

this Act is as follows:16

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSEAUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health program.

Subtitle B—Army Programs

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Sec. 111. AH–64D Longbow Apache attack helicopter.

Sec. 112. OH–58D AHIP Scout helicopter.

Sec. 113. Hydra 70 rocket.

Subtitle C—Navy Programs

Sec. 121. Seawolf and New Attack Submarine programs.

Sec. 122. Repeal of prohibition on backfit of Trident submarines.

Sec. 123. Arleigh Burke class destroyer program.

Sec. 124. Split funding for construction of naval vessels.

Subtitle D—Other Programs

Sec. 131. Tier II predator unmanned aerial vehicle program.

Sec. 132. Pioneer unmanned aerial vehicle program.

TITLE II—RESEARCH, DEVELOPMENT, TEST, ANDEVALUATION


Sec. 201. Authorization of appropriations.

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

Subtitle B—Program Requirements, Restrictions, andLimitations

Sec. 211. A/F117X long-range, medium attack aircraft.

Sec. 212. Navy mine countermeasures program.

Sec. 213. Marine Corps shore fire support.

Sec. 214. Space and missile tracking system program.

Sec. 215. Precision guided munitions.

Sec. 216. Defense Nuclear Agency programs.

Sec. 217. Counterproliferation support program.

Sec. 218. Nonlethal weapons program.

Sec. 219. Federally funded research and development centers.

Sec. 220. States eligible for assistance under Defense Experimental Program

To Stimulate Competitive Research.

Sec. 221. National defense technology and industrial base, defense reinvest-

ment, and conversion.

Sec. 222. Revisions of Manufacturing Science and Technology Program.

Sec. 223. Preparedness of the Department of Defense to respond to military

and civil defense emergencies resulting from a chemical, bio-

logical, radiological, or nuclear attack.

Subtitle C—Missile Defense


Sec. 232. Findings.

Sec. 233. Missile defense policy.

Sec. 234. Theater missile defense architecture.

Sec. 235. National missile defense system architecture.

Sec. 236. Cruise missile defense initiative.

Sec. 237. Policy regarding the ABM Treaty.

Sec. 238. Standard for assessing compliance with the ABM Treaty.

Sec. 239. Ballistic Missile Defense program elements.

Sec. 240. ABM Treaty defined.

Sec. 241. Repeal of missile defense provisions.

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TITLE III—OPERATION AND MAINTENANCE


Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Subtitle B—Depot-Level Maintenance and Repair

Sec. 311. Policy regarding performance of depot-level maintenance and repair

for the Department of Defense.

Sec. 312. Extension of authority for aviation depots and naval shipyards to en-

gage in defense-related production and services.

Subtitle C—Environmental Provisions

Sec. 321. Revision of requirements for agreements for services under environ-

mental restoration program.

Sec. 322. Discharges from vessels of the Armed Forces.

Sec. 323. Revision of authorities relating to restoration advisory boards.

Subtitle D—Civilian Employees

Sec. 331. Minimum number of military reserve technicians.

Sec. 332. Exemption of Department of Defense from personnel ceilings for ci-

vilian personnel.

Sec. 333. Wearing of uniform by National Guard technicians.

Sec. 334. Extension of temporary authority to pay civilian employees with re-

spect to the evacuation from Guantanamo, Cuba.

Sec. 335. Sharing of personnel of Department of Defense domestic dependent

schools and Defense Dependents’ Education System.

Sec. 336. Revision of authority for appointments of involuntarily separated

military reserve technicians.

Sec. 337. Cost of continuing health insurance coverage for employees volun-

tarily separated from positions to be eliminated in a reduction

in force.

Sec. 338. Elimination of 120-day limitation on details of certain employees.

Sec. 339. Repeal of requirement for part-time career opportunity employment

reports.

Sec. 340. Authority of civilian employees of Department of Defense to partici-

pate voluntarily in reductions in force.

Sec. 341. Authority to pay severance payments in lump sums.

Sec. 342. Holidays for employees whose basic workweek is other than Monday

through Friday.

Sec. 343. Coverage of nonappropriated fund employees under authority for

flexible and compressed work schedules.

Subtitle E—Defense Financial Management

Sec. 351. Financial management training.

Sec. 352. Limitation on opening of new centers for Defense Finance and Ac-

counting Service.

Subtitle F—Assistance for Civilian Activities

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Sec. 361. Department of Defense funding for National Guard participation in

joint disaster and emergency assistance exercises.

Sec. 362. Office of Civil-Military Programs.

Sec. 363. Revision of authority for Civil-Military Cooperative Action Program.

Sec. 364. Office of Humanitarian and Refugee Affairs.

Subtitle G—Operation of Morale, Welfare, and RecreationActivities

Sec. 371. Disposition of excess morale, welfare, and recreation funds.

Sec. 372. Elimination of certain restrictions on purchases and sales of items by

exchange stores and other morale, welfare, and recreation fa-

cilities.

Sec. 373. Repeal of requirement to convert ships’ stores to nonappropriated

fund instrumentalities.

Subtitle H—Other Matters

Sec. 381. National Defense Sealift Fund: availability for Ready Reserve compo-

nent of the Ready Reserve Fleet.

Sec. 382. Limitation on contracting with same contractor for construction of

additional new sealift ships.

Sec. 383. Availability of recovered losses resulting from contractor fraud.

Sec. 384. Permanent authority for use of proceeds from the sale of certain lost,

abandoned, or unclaimed property.

Sec. 385. Sale of military clothing and subsistence and other supplies of the

Navy and Marine Corps.

Sec. 386. Conversion of Civilian Marksmanship Program to nonappropriated

fund instrumentality and activities under program.

Sec. 387. Report on efforts to contract out certain functions of Department of

Defense.

Sec. 388. Impact aid.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary variation in DOPMA authorized end strength limitations

for active duty Air Force and Navy officers in certain grades.

Sec. 403. Certain general and flag officers awaiting retirement not to be count-

ed.

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. Increase in number of members in certain grades authorized to serve

on active duty in support of the reserves.

Sec. 414. Reserves on active duty in support of Cooperative Threat Reduction

programs not to be counted.

Sec. 415. Reserves on active duty for military-to-military contacts and com-

parable activities not to be counted.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

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Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Joint officer management.

Sec. 502. Revision of service obligation for graduates of the service academies.

Sec. 503. Qualifications for appointment as Surgeon General of an armed force.

Sec. 504. Deputy Judge Advocate General of the Air Force.

Sec. 505. Retiring general and flag officers: applicability of uniform criteria

and procedures for retiring in highest grade in which served.

Sec. 506. Extension of certain reserve officer management authorities.

Sec. 507. Restrictions on wearing insignia for higher grade before promotion.

Sec. 508. Director of admissions, United States Military Academy: retirement

for years of service.

Subtitle B—Matters Relating to Reserve Components

Sec. 511. Mobilization income insurance program for members of Ready Re-

serve.

Sec. 512. Eligibility of dentists to receive assistance under the financial assist-

ance program for health care professionals in reserve compo-

nents.

Sec. 513. Leave for members of reserve components performing public safety

duty.

Subtitle C—Uniform Code of Military Justice

Sec. 521. References to Uniform Code of Military Justice.

Sec. 522. Definitions.

Sec. 523. Article 32 investigations.

Sec. 524. Refusal to testify before court-martial.

Sec. 525. Commitment of accused to treatment facility by reason of lack of

mental capacity or mental responsibility.

Sec. 526. Forfeiture of pay and allowances and reduction in grade.

Sec. 527. Deferment of confinement.

Sec. 528. Submission of matters to the convening authority for consideration.

Sec. 529. Proceedings in revision.

Sec. 530. Appeal by the United States.

Sec. 531. Flight from apprehension.

Sec. 532. Carnal knowledge.

Sec. 533. Time after accession for initial instruction in the Uniform Code of

Military Justice.

Sec. 534. Technical amendment.

Sec. 535. Permanent authority concerning temporary vacancies on the Court of

Appeals for the Armed Forces.

Sec. 536. Advisory panel on UCMJ jurisdiction over civilians accompanying the

Armed Forces in time of armed conflict.

Subtitle D—Decorations and Awards

Sec. 541. Award of Purple Heart to certain former prisoners of war.

Sec. 542. Meritorious and valorous service during Vietnam era: review and

awards.

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Sec. 543. Military intelligence personnel prevented by secrecy from being con-

sidered for decorations and awards.

Subtitle E—Other Matters

Sec. 551. Determination of whereabouts and status of missing persons.

Sec. 552. Service not creditable for periods of unavailability or incapacity due

to misconduct.

Sec. 553. Separation in cases involving extended confinement.

Sec. 554. Duration of field training or practice cruise required under the Senior

Reserve Officers’ Training Corps program.

Sec. 555. Correction of military records.

Sec. 556. Limitation on reductions in medical personnel.

Sec. 557. Repeal of requirement for athletic director and nonappropriated fund

account for the athletics programs at the service academies.

Sec. 558. Prohibition on use of funds for service academy preparatory school

test program.

Sec. 559. Centralized judicial review of Department of Defense personnel ac-

tions.

TITLE VI—COMPENSATION AND OTHER PERSONNELBENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1996.

Sec. 602. Election of basic allowance for quarters instead of assignment to in-

adequate quarters.

Sec. 603. Payment of basic allowance for quarters to members of the uniformed

services in pay grade E–6 who are assigned to sea duty.

Sec. 604. Limitation on reduction of variable housing allowance for certain

members.

Sec. 605. Clarification of limitation on eligibility for family separation allow-

ance.

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 can-

didates, registered nurses, and nurse anesthetists.

Sec. 613. Extension of authority relating to payment of other bonuses and spe-

cial pays.

Sec. 614. Hazardous duty incentive pay for warrant officers and enlisted mem-

bers serving as air weapons controllers.

Sec. 615. Aviation career incentive pay.

Sec. 616. Clarification of authority to provide special pay for nurses.

Sec. 617. Continuous entitlement to career sea pay for crew members of ships

designated as tenders.

Sec. 618. Increase in maximum rate of special duty assignment pay for enlisted

members serving as recruiters.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Calculation on basis of mileage tables of Secretary of Defense: repeal

of requirement.

Sec. 622. Departure allowances.

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Sec. 623. Dislocation allowance for moves resulting from a base closure or re-

alignment.

Sec. 624. Transportation of nondependent child from sponsor’s station overseas

after loss of dependent status while overseas.

Subtitle D—Commissaries and Nonappropriated FundInstrumentalities

Sec. 631. Use of commissary stores by members of the Ready Reserve.

Sec. 632. Use of commissary stores by retired Reserves under age 60 and their

survivors.

Sec. 633. Use of morale, welfare, and recreation facilities by members of re-

serve components and dependents: clarification of entitlement.


Sec. 641. Cost-of-living increases for retired pay.

Sec. 642. Eligibility for retired pay for non-regular service denied for members

receiving certain sentences in courts-martial.

Sec. 643. Recoupment of administrative expenses in garnishment actions.

Sec. 644. Automatic maximum coverage under Servicemen’s Group Life Insur-

ance.

Sec. 645. Termination of Servicemen’s Group Life Insurance for members of

the Ready Reserve who fail to pay premiums.

Sec. 646. Report on extending to junior noncommissioned officers privileges

provided for senior noncommissioned officers.

Sec. 647. Payment to survivors of deceased members of the uniformed services

for all leave accrued.

Sec. 648. Annuities for certain military surviving spouses.

Sec. 649. Transitional compensation for dependents of members of the Armed

Forces separated for dependent abuse: clarification of entitle-

ment.

TITLE VII—HEALTH CARE

Subtitle A—Health Care Services

Sec. 701. Medical care for surviving dependents of retired Reserves who die be-

fore age 60.

Sec. 702. Dental insurance for members of the Selected Reserve.

Sec. 703. Modification of requirements regarding routine physical examinations

and immunizations under CHAMPUS.

Sec. 704. Permanent authority to carry out specialized treatment facility pro-

gram.

Sec. 705. Waiver of medicare part B late enrollment penalty and establishment

of special enrollment period for certain military retirees and

dependents.

Subtitle B—TRICARE Program

Sec. 711. Definition of TRICARE program and other terms.

Sec. 712. Provision of TRICARE uniform benefits by uniformed services treat-

ment facilities.

Sec. 713. Sense of Senate on access of medicare eligible beneficiaries of

CHAMPUS to health care under TRICARE.

Sec. 714. Pilot program of individualized residential mental health services.

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Subtitle C—Uniformed Services Treatment Facilities

Sec. 721. Delay of termination of status of certain facilities as uniformed serv-

ices treatment facilities.

Sec. 722. Applicability of Federal Acquisition Regulation to participation agree-

ments with uniformed services treatment facilities.

Sec. 723. Amount payable by uniformed services treatment facilities for health

care services provided outside the catchment areas of the facili-

ties.

Subtitle D—Other Changes to Existing Laws RegardingHealth Care Management

Sec. 731. Investment incentive for managed health care in medical treatment

facilities.

Sec. 732. Revision and codification of limitations on physician payments under

CHAMPUS.

Sec. 733. Personal services contracts for medical treatment facilities of the

Coast Guard.

Sec. 734. Disclosure of information in medicare and medicaid coverage data

bank to improve collection from responsible parties for health

care services furnished under CHAMPUS.


Sec. 741. TriService nursing research.

Sec. 742. Fisher House trust funds.

Sec. 743. Applicability of limitation on prices of pharmaceuticals procured for

Coast Guard.

TITLE VIII—ACQUISITION POLICY, ACQUISITIONMANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Reform

Sec. 801. Waivers from cancellation of funds.

Sec. 802. Procurement notice posting thresholds.

Sec. 803. Prompt resolution of audit recommendations.

Sec. 804. Test program for negotiation of comprehensive subcontracting plans.

Sec. 805. Naval salvage facilities.

Sec. 806. Authority to delegate contracting authority.

Sec. 807. Coordination and communication of defense research activities.

Sec. 808. Procurement of items for experimental or test purposes.

Sec. 809. Quality control in procurements of critical aircraft and ship spare

parts.

Sec. 810. Use of funds for acquisition of designs, processes, technical data, and

computer software.

Sec. 811. Independent cost estimates for major defense acquisition programs.

Sec. 812. Fees for certain testing services.

Sec. 813. Construction, repair, alteration, furnishing, and equipping of naval

vessels.

Sec. 814. Civil Reserve Air Fleet.

Subtitle B—Other Matters

Sec. 821. Procurement technical assistance programs.

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Sec. 822. Treatment of Department of Defense cable television franchise agree-

ments.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATIONAND MANAGEMENT

Sec. 901. Redesignation of the position of Assistant to the Secretary of Defense

for Atomic Energy.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Disbursing and certifying officials.

Sec. 1003. Defense modernization account.

Sec. 1004. Authorization of prior emergency supplemental appropriations for

fiscal year 1995.

Sec. 1005. Limitation on use of authority to pay for emergency and extraor-

dinary expenses.

Sec. 1006. Transfer authority regarding funds available for foreign currency

fluctuations.

Sec. 1007. Report on budget submission regarding reserve components.

Subtitle B—Naval Vessels

Sec. 1011. Iowa class battleships.

Sec. 1012. Transfer of naval vessels to certain foreign countries.

Subtitle C—Counter-Drug Activities

Sec. 1021. Revision and clarification of authority for Federal support of drug

interdiction and counter-drug activities of the National Guard.

Sec. 1022. National Drug Intelligence Center.

Sec. 1023. Assistance to Customs Service.

Subtitle D—Department of Defense Education Programs

Sec. 1031. Continuation of the Uniformed Services University of the Health

Sciences.

Sec. 1032. Additional graduate schools and programs at the Uniformed Serv-

ices University of the Health Sciences.

Sec. 1033. Funding for basic adult education programs for military personnel

and dependents outside the United States.

Sec. 1034. Scope of education programs of Community College of the Air

Force.

Sec. 1035. Date for annual report on Selected Reserve Educational Assistance

Program.

Subtitle E—Cooperative Threat Reduction With States of theFormer Soviet Union

Sec. 1041. Cooperative Threat Reduction programs defined.

Sec. 1042. Funding matters.

Sec. 1043. Limitation relating to offensive biological warfare program of

Russia.

Subtitle F—Matters Relating to Other Nations

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Sec. 1051. Cooperative research and development agreements with NATO orga-

nizations.

Sec. 1052. National security implications of United States export control policy.

Sec. 1053. Defense export loan guarantees.

Sec. 1054. Landmine clearing assistance program.

Sec. 1055. Strategic cooperation between the United States and Israel.

Sec. 1056. Support services for the Navy at the Port of Haifa, Israel.

Sec. 1057. Prohibition on assistance to terrorist countries.

Sec. 1058. International military education and training.

Sec. 1059. Repeal of limitation regarding American diplomatic facilities in Ger-

many.

Sec. 1060. Implementation of arms control agreements.

Sec. 1061. Sense of Congress on limiting the placing of United States forces

under United Nations command or control.

Subtitle G—Repeal of Certain Reporting Requirements

Sec. 1071. Reports required by title 10, United States Code.

Sec. 1072. Reports required by title 37, United States Code, and related provi-

sions of defense authorization Acts.

Sec. 1073. Reports required by other defense authorization and appropriations

Acts.

Sec. 1074. Reports required by other national security laws.

Sec. 1075. Reports required by other provisions of the United States Code.

Sec. 1076. Reports required by other provisions of law.

Sec. 1077. Reports required by Joint Committee on Printing.

Subtitle H—Other Matters

Sec. 1081. Global positioning system.

Sec. 1082. Limitation on retirement or dismantlement of strategic nuclear de-

livery systems.

Sec. 1083. National Guard civilian youth opportunities pilot program.

Sec. 1084. Report on Department of Defense boards and commissions.

Sec. 1085. Revision of authority for providing Army support for the National

Science Center for Communications and Electronics.

Sec. 1086. Authority to suspend or terminate collection actions against de-

ceased members.

Sec. 1087. Damage or loss to personal property due to emergency evacuation

or extraordinary circumstances.

Sec. 1088. Check cashing and exchange transactions for dependents of United

States Government personnel.

Sec. 1089. Travel of disabled veterans on military aircraft.

Sec. 1090. Transportation of crippled children in Pacific Rim region to Hawaii

for medical care.

Sec. 1091. Student information for recruiting purposes.

Sec. 1092. State recognition of military advance medical directives.

Sec. 1093. Report on personnel requirements for control of transfer of certain

weapons.

Sec. 1094. Extension of period of Vietnam era.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS


TITLE XXI—ARMY

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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. 2204. Authorization of appropriations, Navy.

Sec. 2205. Revision of fiscal year 1995 authorization of appropriations to clar-

ify availability of funds for Large Anechoic Chamber, Patuxent

River Naval Warfare Center, Maryland.

Sec. 2206. Authority to carry out land acquisition project, Norfolk Naval Base,

Virginia.

Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.



Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Military housing private investment.


Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Modification of authority to carry out fiscal year 1995 projects.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATIONINFRASTRUCTURE

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. Reduction in amount authorized to be appropriated for fiscal year

1994 Air National Guard projects.

TITLE XXVII—EXPIRATION AND EXTENSION OFAUTHORIZATIONS

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

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Subtitle A—Military Construction Program and MilitaryFamily Housing Changes

Sec. 2801. Special threshold for unspecified minor construction projects to cor-

rect life, health, or safety deficiencies.

Sec. 2802. Clarification of scope of unspecified minor construction authority.

Sec. 2803. Temporary waiver of net floor area limitation for family housing ac-

quired in lieu of construction.

Sec. 2804. Reestablishment of authority to waive net floor area limitation on

acquisition by purchase of certain military family housing.

Sec. 2805. Temporary waiver of limitations on space by pay grade for military

family housing units.

Sec. 2806. Increase in number of family housing units subject to foreign coun-

try maximum lease amount.

Sec. 2807. Expansion of authority for limited partnerships for development of

military family housing.

Sec. 2808. Clarification of scope of report requirement on cost increases under

contracts for military family housing construction.

Sec. 2809. Authority to convey damaged or deteriorated military family hous-

ing.

Sec. 2810. Energy and water conservation savings for the Department of De-

fense.

Sec. 2811. Alternative authority for construction and improvement of military

housing.

Sec. 2812. Permanent authority to enter into leases of land for special oper-

ations activities.

Sec. 2813. Authority to use funds for certain educational purposes.

Subtitle B—Defense Base Closure and Realignment

Sec. 2821. In-kind consideration for leases at installations to be closed or re-

aligned.

Sec. 2822. Clarification of authority regarding contracts for community services

at installations being closed.

Sec. 2823. Clarification of funding for environmental restoration at installa-

tions approved for closure or realignment in 1995.

Sec. 2824. Authority to lease property requiring environmental remediation at

installations approved for closure.

Subtitle C—Land Conveyances

Sec. 2831. Land acquisition or exchange, Shaw Air Force Base, South Caro-

lina.

Sec. 2832. Authority for Port Authority of State of Mississippi to use certain

Navy property in Gulfport, Mississippi.

Sec. 2833. Conveyance of resource recovery facility, Fort Dix, New Jersey.

Sec. 2834. Conveyance of water and wastewater treatment plants, Fort Gordon,

Georgia.

Sec. 2835. Conveyance of water treatment plant, Fort Pickett, Virginia.

Sec. 2836. Conveyance of electric power distribution system, Fort Irwin, Cali-

fornia.

Sec. 2837. Land exchange, Fort Lewis, Washington.

Subtitle D—Transfer of Jurisdiction and Establishment ofMidewin National Tallgrass Prairie


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Sec. 2852. Definitions.

Sec. 2853. Establishment of Midewin National Tallgrass Prairie.

Sec. 2854. Transfer of management responsibilities and jurisdiction over Arse-

nal.

Sec. 2855. Disposal for industrial parks, a county landfill, and a national veter-

ans cemetery and to the Administrator of General Services.

Sec. 2856. Continuation of responsibility and liability of the Secretary of the

Army for environmental cleanup.

Sec. 2857. Degree of environmental cleanup.


Sec. 2861. Department of Defense laboratory revitalization demonstration pro-

gram.

Sec. 2862. Prohibition on joint civil aviation use of Miramar Naval Air Station,

California.

Sec. 2863. Report on agreement relating to conveyance of land, Fort Belvoir,

Virginia.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONALSECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Payment of penalties assessed against Rocky Flats Site.

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 activi-

ties.

Sec. 3127. Funds available for all national security programs of the Depart-

ment of Energy.

Sec. 3128. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, andLimitations

Sec. 3131. Tritium production.

Sec. 3132. Plutonium disposition.

Sec. 3133. Tritium recycling.

Sec. 3134. Manufacturing infrastructure for refabrication and certification of

enduring nuclear weapons stockpile.

Sec. 3135. Hydronuclear experiments.

Sec. 3136. Fellowship program for development of skills critical to the Depart-

ment of Energy nuclear weapons complex.

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Sec. 3137. Effect of issuance of environmental impact statements on use of

funds for certain Department of Energy facilities.

Sec. 3138. Dual-axis Radiographic Hydrotest Facility.

Sec. 3139. Limitation on use of funds for certain research and education pur-

poses.

Sec. 3140. Processing of high level nuclear waste and spent nuclear fuel rods.

Sec. 3141. Department of Energy Declassification Productivity Initiative.

Sec. 3142. Authority to reprogram funds for disposition of certain spent nu-

clear fuel.

Sec. 3143. Protection of workers at nuclear weapons facilities.

Subtitle D—Transfer of Jurisdiction Over Department ofEnergy National Security Functions

Sec. 3151. Plans for transfer of jurisdiction over Department of Energy na-

tional security functions.


Sec. 3161. Responsibility for Defense Programs Emergency Response Program.

Sec. 3162. Requirements for Department of Energy weapons activities budgets

for fiscal years after fiscal year 1996.

Sec. 3163. Enduring nuclear weapons stockpile.

Sec. 3164. Report on proposed purchases of tritium from foreign suppliers.

Sec. 3165. Report on hydronuclear testing.

Sec. 3166. Master plan on warheads in the enduring nuclear weapons stockpile.

Sec. 3167. Prohibition on international inspections of Department of Energy

facilities pending certification of protection of restricted data.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETYBOARD

Sec. 3201. Authorization.

TITLE XXXIII—NAVAL PETROLEUM RESERVES

Sec. 3301. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).

Sec. 3302. Study regarding future of naval petroleum reserves (other than

Naval Petroleum Reserve Numbered 1).

TITLE XXXIV—NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.

Sec. 3402. Disposal of obsolete and excess materials contained in the National

Defense Stockpile.

Sec. 3403. Disposal of chromite and manganese ores and chromium ferro and

manganese metal electrolytic.

Sec. 3404. Restrictions on disposal of manganese ferro.

Sec. 3405. Excess defense-related materials: transfer to stockpile and disposal.

TITLE XXXV—PANAMA CANAL COMMISSION


Sec. 3502. Authorization of expenditures.

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SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.1

For purposes of this Act, the term ‘‘congressional de-2

fense committees’’ means—3

(1) the Committee on Armed Services and the4

Committee on Appropriations of the Senate; and5

(2) the Committee on National Security and the6

Committee on Appropriations of the House of Rep-7

resentatives.8

DIVISION A—DEPARTMENT OF9

DEFENSE AUTHORIZATIONS10

TITLE I—PROCUREMENT11

Subtitle A—Authorization of12

Appropriations13

SEC. 101. ARMY.14

Funds are hereby authorized to be appropriated for15

fiscal year 1996 for procurement for the Army as follows:16

(1) For aircraft, $1,396,451,000.17

(2) For missiles, $894,430,000.18

(3) For weapons and tracked combat vehicles,19

$1,532,964,000.20

(4) For ammunition, $1,120,115,000.21

(5) For other procurement, $2,771,101,000.22

SEC. 102. NAVY AND MARINE CORPS.23

(a) NAVY.—Funds are hereby authorized to be appro-24

priated for fiscal year 1996 for procurement for the Navy25

as follows:26

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(1) For aircraft, $4,916,588,000.1

(2) For weapons, including missiles and tor-2

pedoes, $1,771,421,000.3

(3) For shipbuilding and conversion,4

$7,111,935,000.5


(b) MARINE CORPS.—Funds are hereby authorized to7

be appropriated for fiscal year 1996 for procurement for8

the Marine Corps in the amount of $683,416,000.9

SEC. 103. AIR FORCE.10


fiscal year 1996 for procurement for the Air Force as fol-12

lows:13

(1) For aircraft, $6,318,586,000.14

(2) For missiles, $3,597,499,000.15


SEC. 104. DEFENSE-WIDE ACTIVITIES.17


fiscal year 1996 for Defense-wide procurement in the19

amount of $2,118,324,000.20

SEC. 105. RESERVE COMPONENTS.21


fiscal year 1996 for procurement of aircraft, vehicles, com-23

munications equipment, and other equipment for the re-24

serve components of the Armed Forces as follows:25

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(1) For the Army National Guard,1

$209,400,000.2

(2) For the Air National Guard, $137,000,000.3

(3) For the Army Reserve, $62,000,000.4

(4) For the Naval Reserve, $74,000,000.5

(5) For the Air Force Reserve, $240,000,000.6

(6) For the Marine Corps Reserve,7

$55,000,000.8

SEC. 106. DEFENSE INSPECTOR GENERAL.9


fiscal year 1996 for procurement for the Inspector General11

of the Department of Defense in the amount of12

$1,000,000.13

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.14

There is hereby authorized to be appropriated for fis-15

cal year 1996 the amount of $671,698,000 for—16

(1) the destruction of lethal chemical weapons17

and munitions in accordance with section 1412 of18

the Department of Defense Authorization Act, 198619

(50 U.S.C. 1521); and20

(2) the destruction of chemical warfare material21

of the United States that is not covered by section22

1412 of such Act.23

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SEC. 108. DEFENSE HEALTH PROGRAM.1


fiscal year 1996 for the Department of Defense for pro-3

curement for carrying out health care programs, projects,4

and activities of the Department of Defense in the total5

amount of $288,033,000.6

Subtitle B—Army Programs7

SEC. 111. AH–64D LONGBOW APACHE ATTACK HELI-8

COPTER.9

The Secretary of the Army may, in accordance with10

section 2306b of title 10, United States Code, enter into11

multiyear procurement contracts for procurement of AH–12

64D Longbow Apache attack helicopters.13

SEC. 112. OH–58D AHIP SCOUT HELICOPTER.14

The prohibition in section 133(a)(2) of the National15

Defense Authorization Act for Fiscal Years 1990 and16

1991 (Public Law 101–189; 103 Stat. 1383) does not17

apply to the obligation of funds in amounts not to exceed18

$125,000,000 for the procurement of not more than 2019

OH–58D AHIP Scout aircraft from funds appropriated20

for fiscal year 1996 pursuant to section 101.21

SEC. 113. HYDRA 70 ROCKET.22

(a) LIMITATION.—Funds appropriated or otherwise23

made available for the Department of Defense for fiscal24

year 1996 may not be obligated to procure Hydra 70 rock-25

ets until the Secretary of the Army submits to Congress26

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a document that contains the certifications described in1

subsection (b)(1) together with a discussion of the matter2

described in subsection (b)(2).3

(b) CONTENT OF SUBMISSION.—(1) A document sub-4

mitted under subsection (a) satisfies the certification re-5

quirements of that subsection if it contains the certifi-6

cations of the Secretary that—7

(A) the specific technical cause of Hydra 708

Rocket failures has been identified;9

(B) the technical corrections necessary for10

eliminating premature detonations of such rockets11

have been validated;12

(C) the total cost of making the necessary cor-13

rections on all Hydra 70 rockets that are in the14

Army inventory or are being procured under any15

contract in effect on the date of the enactment of16

this Act does not exceed the amount equal to 15 per-17

cent of the nonrecurring costs that would be in-18

curred by the Army for acquisition of improved rock-19

ets, including commercially developed20

nondevelopmental systems, to replace the Hydra 7021

rockets; and22

(D) a nondevelopmental composite rocket sys-23

tem has been fully reviewed for, or has received24

operational and platform certifications for, full quali-25

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fication of an alternative composite rocket motor and1

propellant.2

(2) The document shall also contain a discussion of3

whether the existence of the system referred to in the cer-4

tification under paragraph (1)(D) will result in—5

(A) early and continued availability of training6

rockets to meet the requirements of the Army for7

such rockets; and8

(B) the attainment of competition in future9

procurements of training rockets to meet such re-10

quirements.11

(c) WAIVER AUTHORITY.—The Secretary of Defense12

may waive the requirement in subsection (a) for the Sec-13

retary to submit the document described in that sub-14

section before procuring Hydra 70 rockets if the Secretary15

determines that a delay in procuring the rockets pending16

compliance with the requirement would result in a signifi-17

cant risk to the national security of the United States.18

Any such waiver may not take effect until the Secretary19

submits to Congress a notification of that determination20

together with the reasons for the determination.21

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Subtitle C—Navy Programs1

SEC. 121. SEAWOLF AND NEW ATTACK SUBMARINE PRO-2

GRAMS.3

(a) FUNDING.—(1) Of the amount authorized to be4

appropriated under section 102(a)(3)—5

(A) $1,507,477,000 shall be available for the6

final Seawolf attack submarine (SSN–23); and7

(B) $814,498,000 shall be available for design8

and advance procurement in fiscal year 1996 for the9

lead submarine and the second submarine under the10

New Attack Submarine program, of which—11

(i) $10,000,000 shall be available only for12

participation of Newport News Shipbuilding in13

the New Attack Submarine design; and14

(ii) $100,000,000 shall be available only15

for advance procurement and design of the sec-16

ond submarine under the New Attack Sub-17

marine program.18

(2) Of amounts authorized under any provision of law19

to be appropriated for procurement for the Navy for fiscal20

year 1997 for shipbuilding and conversion, $802,000,00021

shall be available for design and advance procurement in22

fiscal year 1997 for the lead submarine and the second23

submarine under the New Attack Submarine program, of24

which—25

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(A) $75,000,000 shall be available only for par-1

ticipation by Newport News Shipbuilding in the New2

Attack Submarine design; and3

(B) $427,000,000 shall be available only for ad-4

vance procurement and design of the second sub-5

marine under the New Attack Submarine program.6

(3) Of the amount authorized to be appropriated7

under section 201(2), $455,398,000 shall be available for8

research, development, test, and evaluation for the New9

Attack Submarine program.10

(b) COMPETITION REQUIRED.—Funds referred to in11

subsection (c) may not be obligated until the Secretary12

of the Navy certifies in writing to the Committee on13

Armed Services of the Senate and the Committee on Na-14

tional Security of the House of Representatives that—15

(1) the Secretary has restructured the New At-16

tack Submarine program in accordance with this17

section so as to provide for—18

(A) procurement of the lead vessel under19

the New Attack Submarine program from the20

Electric Boat Division beginning in fiscal year21

1998, if the price offered by Electric Boat Divi-22

sion is determined by the Secretary as being23

fair and reasonable;24

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(B) procurement of the second vessel1

under the New Attack Submarine program2

from Newport News Shipbuilding beginning in3

fiscal year 1999, if the price offered by New-4

port News Shipbuilding is determined by the5

Secretary as being fair and reasonable; and6

(C) procurement of other vessels under the7

New Attack Submarine program under one or8

more contracts that are entered into after com-9

petition between potential competitors (as de-10

fined in subsection (i)) in which the Secretary11

shall solicit competitive proposals and award12

the contract or contracts on the basis of price;13

and14

(2) the Secretary has directed, as set forth in15

detail in such certification, that no action prohibited16

in subsection (d) will be taken to impair the design,17

engineering, construction, and maintenance com-18

petencies of either Electric Boat Division or New-19

port News Shipbuilding to construct the New Attack20

Submarine.21

(c) COVERED FUNDS.—The funds referred to in sub-22

section (b) are as follows:23

(1) Funds available to the Navy for any fiscal24

year after fiscal year 1995 for procurement of the25

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final Seawolf attack submarine (SSN–23) pursuant1

to this Act or any Act enacted after the date of the2

enactment of this Act.3

(2) Funds available to the Navy for any such4

fiscal year for research, development, test, and eval-5

uation or for procurement (including design and ad-6

vance procurement) for the New Attack Submarine7

program pursuant to this Act or any Act enacted8

after the date of the enactment of this Act.9

(d) LIMITATION ON CERTAIN ACTIONS.—In order to10

ensure that Electric Boat Division and Newport News11

Shipbuilding retain the technical competencies to con-12

struct the New Attack Submarine, the following actions13

are prohibited:14

(1) A termination of or failure to extend, except15

by reason of a breach of contract by the contractor16

or an insufficiency of appropriations—17

(A) the existing Planning Yard contract18

for the Trident class submarines; or19

(B) the existing Planning Yard contract20

for the SSN–688 Los Angeles class submarines.21

(2) A termination of any existing Lead Design22

Yard contract for the SSN–21 Seawolf class sub-23

marines or for the SSN–688 Los Angeles class sub-24

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marines, except by reason of a breach of contract by1

the contractor or an insufficiency of appropriations.2

(3) A failure of, or refusal by, the Department3

of the Navy to permit both Electric Boat Division4

and Newport News Shipbuilding to have access to5

sufficient information concerning the design of the6

New Attack Submarine to ensure that each is capa-7

ble of constructing the New Attack Submarine.8

(e) LIMITATION ON EXPENDITURE OF FUNDS FOR9

SEAWOLF PROGRAM.—Of the funds referred to in sub-10

section (c)(1)—11

(1) not more than $700,000,000 may be ex-12

pended in fiscal year 1996;13

(2) not more than an additional $200,000,00014

may be expended in fiscal year 1997;15


may be expended in fiscal year 1998; and17


may be expended in fiscal year 1999.19

(f) LIMITATION ON EXPENDITURE OF FUNDS FOR20

NEW ATTACK SUBMARINE PROGRAM.—Funds referred to21

in subsection (c)(2) that are available for the lead and sec-22

ond vessels under the New Attack Submarine program23

may not be expended during fiscal year 1996 for the lead24

vessel under that program (other than for class design)25

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unless funds are obligated or expended during such fiscal1

year for a contract in support of procurement of the sec-2

ond vessel under the program.3

(g) REPORTS REQUIRED.—Not later than November4

1, 1995, and every six months thereafter through Novem-5

ber 1, 1998, the Secretary of the Navy shall submit to6

the Committee on Armed Services of the Senate and the7

Committee on National Security of the House of Rep-8

resentatives a report setting forth the obligations and ex-9

penditures of funds for—10

(1) the procurement of the final Seawolf attack11

submarine (SSN–23); and12

(2) research, development, test, and evaluation13

or for procurement (including design and advance14

procurement) for the lead and second vessels under15

the New Attack Submarine program.16

(h) REFERENCES TO CONTRACTORS.—For purposes17

of this section—18

(1) the contractor referred to as ‘‘Electric Boat19

Division’’ is General Dynamics Corporation Electric20

Boat Division; and21

(2) the contractor referred to as ‘‘Newport22

News Shipbuilding’’ is Newport News Shipbuilding23

and Drydock Company.24

(i) DEFINITIONS.—In this section:25

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(1) The term ‘‘potential competitor’’ means any1

source to which the Secretary of the Navy has2

awarded, within 10 years before the date of the en-3

actment of this Act, a contract or contracts to con-4

struct one or more nuclear attack submarines.5

(2) The term ‘‘New Attack Submarine’’ means6

any submarine planned or programmed by the Navy7

as a class of submarines the lead ship of which is8

planned by the Navy, as of the date of the enact-9

ment of this Act, for procurement in fiscal year10

1998.11

SEC. 122. REPEAL OF PROHIBITION ON BACKFIT OF TRI-12

DENT SUBMARINES.13

Section 124 of the National Defense Authorization14

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.15

2683) is repealed.16

SEC. 123. ARLEIGH BURKE CLASS DESTROYER PROGRAM.17

(a) FIRST INCREMENT FUNDING.—Of the amount18

authorized to be appropriated under section 102(a)(3),19

$650,000,000 shall be available in accordance with section20

7315 of title 10, United States Code (as added by section21

124), as the first increment of funding for two Arleigh22

Burke class destroyers.23

(b) FINAL INCREMENT FUNDING.—It is the sense of24

Congress that the Secretary of the Navy should plan for25

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and request the final increment of funding for the two de-1

stroyers for fiscal year 1997 in accordance with section2

7315 of title 10, United States Code (as added by section3

124).4

SEC. 124. SPLIT FUNDING FOR CONSTRUCTION OF NAVAL5

VESSELS.6

(a) IN GENERAL.—Chapter 633 of title 10, United7

States Code is amended by adding at the end the follow-8

ing:9

‘‘§ 7315. Planning for funding construction10

‘‘(a) PLANNING FOR SPLIT FUNDING.—The Sec-11

retary of Defense may provide in the future-years defense12

program for split funding of construction of new naval ves-13

sels satisfying the requirements of subsection (d).14

‘‘(b) SPLIT FUNDING REQUESTS.—In the case of15

construction of a new naval vessel satisfying the require-16

ments of subsection (d), the Secretary of the Navy shall—17

‘‘(1) determine the total amount that is nec-18

essary for construction of the vessel, including an al-19

lowance for future inflation; and20

‘‘(2) request funding for construction of the21

vessel in two substantially equal increments.22

‘‘(c) CONTRACT AUTHORIZED UPON FUNDING OF23

FIRST INCREMENT.—(1) The Secretary of the Navy may24

enter into a contract for the construction of a new naval25

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vessel upon appropriation of a first increment of funding1

for construction of the vessel.2

‘‘(2) A contract entered into in accordance with para-3

graph (1) shall include a liquidated damages clause for4

any termination of the contract for the convenience of the5

Government that occurs before the remainder of the6

amount necessary for full funding of the contract is appro-7

priated.8

‘‘(d) APPLICABILITY.—This section applies to con-9

struction of a naval vessel—10

‘‘(1) that is in a class of vessels for which the11

design is mature and there is sufficient construction12

experience for the costs of construction to be well13

understood and predictable; and14

‘‘(2) for which—15

‘‘(A) provision is made in the future-years16

defense program; or17

‘‘(B) the Chairman of the Joint Chiefs of18

Staff, in consultation with the Secretary of the19

Navy, has otherwise determined that there is a20

valid military requirement.’’.21

(b) CLERICAL AMENDMENT.—The table of sections22

at the beginning of chapter 633 of such title is amended23

by adding at the end the following:24

‘‘7315. Planning for funding construction.’’.

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Subtitle D—Other Programs1

SEC. 131. TIER II PREDATOR UNMANNED AERIAL VEHICLE2

PROGRAM.3

Funds appropriated or otherwise made available for4

the Department of Defense for fiscal year 1996 for pro-5

curement or for research, development, test, and evalua-6

tion may not be obligated or expended for the Tier II7

Predator unmanned aerial vehicle program.8

SEC. 132. PIONEER UNMANNED AERIAL VEHICLE PRO-9

GRAM.10

Not more than 1⁄6 of the amount appropriated pursu-11

ant to this Act for the activities and operations of the Un-12

manned Aerial Vehicle Joint Program Office (UAV–JPO),13

and none of the unobligated balances of funds appro-14

priated for fiscal years before fiscal year 1996 for the ac-15

tivities and operations of such office, may be obligated16

until the Secretary of the Navy certifies to the Committee17

on Armed Services of the Senate and the Committee on18

National Security of the House of Representatives that the19

nine Pioneer Unmanned Aerial Vehicle systems have been20

equipped with the Common Automatic Landing and Re-21

covery System (CARS).22

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TITLE II—RESEARCH, DEVELOP-1

MENT, TEST, AND EVALUA-2

TION3


Appropriations5

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.6


fiscal year 1996 for the use of the Department of Defense8

for research, development, test, and evaluation as follows:9

(1) For the Army, $4,845,097,000.10

(2) For the Navy, $8,624,230,000.11

(3) For the Air Force, $13,087,389,000.12

(4) For Defense-wide activities,13

$9,533,148,000, of which—14

(A) $239,341,000 is authorized for the ac-15

tivities of the Director, Test and Evaluation;16

and17

(B) $22,587,000 is authorized for the Di-18

rector of Operational Test and Evaluation.19

SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR-20

ATORY DEVELOPMENT.21

(a) FISCAL YEAR 1996.—Of the amounts authorized22

to be appropriated by section 201, $4,076,580,000 shall23

be available for basic research and exploratory develop-24

ment projects.25

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(b) BASIC RESEARCH AND EXPLORATORY DEVELOP-1

MENT DEFINED.—For purposes of this section, the term2

‘‘basic research and exploratory development’’ means work3

funded in program elements for defense research and de-4

velopment under Department of Defense category 6.1 or5

6.2.6

Subtitle B—Program Require-7

ments, Restrictions, and Limita-8

tions9

SEC. 211. A/F117X LONG-RANGE, MEDIUM ATTACK AIR-10

CRAFT.11

Of the amount authorized to be appropriated by sec-12

tion 201(2) for the Joint Advanced Strike Technology pro-13

gram—14

(1) $25,000,000 shall be available for the con-15

duct, during fiscal year 1996, of a 6-month program16

definition phase for the A/F117X, an F–117 fighter17

aircraft modified for use by the Navy as a long-18

range, medium attack aircraft; and19

(2) $150,000,000 shall be available for engi-20

neering and manufacturing development of the21

A/F117X aircraft, except that none of such amount22

may be obligated until the Secretary of the Navy,23

after considering the results of the program defini-24

tion phase, approves proceeding into engineering and25

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manufacturing development of the A/F117X air-1

craft.2

SEC. 212. NAVY MINE COUNTERMEASURES PROGRAM.3

Section 216(a) of the National Defense, Authoriza-4

tion Act for Fiscal Years 1992 and 1993 (Public Law 102-5

190; 105 Stat. 1317) is amended—6

(1) by striking out ‘‘Director, Defense Research7

and Engineering’’ and inserting in lieu thereof8

‘‘Under Secretary of Defense for Acquisition and9

Technology’’; and10

(2) by striking out ‘‘fiscal years 1995 through11

1999’’ and inserting in lieu thereof ‘‘fiscal years12

1997 through 1999’’.13

SEC. 213. MARINE CORPS SHORE FIRE SUPPORT.14

Of the amount appropriated pursuant to section15

201(2) for the Tomahawk Baseline Improvement Pro-16

gram, not more than 50 percent of that amount may be17

obligated until the Secretary of the Navy certifies to the18

Committee on Armed Services of the Senate and the Com-19

mittee on National Security of the House of Representa-20

tives that the Secretary has structured, and planned for21

full funding of, a program leading to a live-fire test of22

an Army Extended Range Multiple Launch Rocket from23

an Army Multiple Launch Rocket Launcher on a Navy24

ship before October 1, 1997.25

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SEC. 214. SPACE AND MISSILE TRACKING SYSTEM PRO-1

GRAM.2

(a) DEVELOPMENT AND DEPLOYMENT PLAN.—The3

Secretary of the Air Force shall structure the development4

schedule for the Space and Missile Tracking System so5

as to achieve a first launch of a user operation evaluation6

system (UOES) satellite in fiscal year 2001, and to attain7

initial operational capability (IOC) of a full constellation8

of user operation evaluation systems and objective system9

satellites in fiscal year 2003.10

(b) MANAGEMENT OVERSIGHT.—In exercising the re-11

sponsibility for the Space and Missile Tracking System12

program, the Secretary of the Air Force shall first obtain13

the concurrence of the Director of the Ballistic Missile De-14

fense Organization before implementing any decision that15

would have any of the following results regarding the pro-16

gram:17

(1) A reduction in funds available for obligation18

or expenditure for the program for a fiscal year19

below the amount specifically authorized and appro-20

priated for the program for that fiscal year.21

(2) An increase in the total program cost.22

(3) A delay in a previously established develop-23

ment or deployment schedule.24

(4) A modification in the performance param-25

eters or specifications.26

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(c) AUTHORIZATION.—Of the amount authorized to1

be appropriated under section 201(3) for fiscal year 1996,2

$249,824,000 shall be available for the Space and Missile3

Tracking System (SMTS) program.4

SEC. 215. PRECISION GUIDED MUNITIONS.5

(a) ANALYSIS REQUIRED.—The Secretary of Defense6

shall perform an analysis of the full range of precision7

guided munitions in production and in research, develop-8

ment, test, and evaluation in order to determine the fol-9

lowing:10

(1) The numbers and types of precision guided11

munitions that are needed to provide a complemen-12

tary capability against each target class.13

(2) The feasibility of carrying out joint develop-14

ment and procurement of additional munition types15

by more than one of the Armed Forces.16

(3) The feasibility of integrating a particular17

precision guided munition on multiple service plat-18

forms.19

(4) The economy and effectiveness of continu-20

ing acquisition of—21

(A) interim precision guided munitions; or22

(B) precision guided munitions that, as a23

result of being procured in decreasing numbers24

to meet decreasing quantity requirements, have25

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increased in cost per unit by more than 50 per-1

cent over the cost per unit for such munitions2

as of December 1, 1991.3

(b) REPORT.—(1) Not later than February 1, 1996,4

the Secretary shall submit to Congress a report on the5

findings and other results of the analysis.6

(2) The report shall include a detailed discussion of7

the process by which the Department of Defense—8

(A) approves the development of new precision9

guided munitions;10

(B) avoids duplication and redundancy in the11

precision guided munitions programs of the Army,12

Navy, Air Force, and Marine Corps;13

(C) ensures rationality in the relationship be-14

tween the funding plans for precision guided muni-15

tions modernization for fiscal years following fiscal16

year 1996 and the costs of such modernization for17

those fiscal years; and18

(D) identifies by name and function each per-19

son responsible for approving each new precision20

guided munition for initial low-rate production.21

(c) FUNDING LIMITATION.—Funds authorized to be22

appropriated by this Act may not be expended for re-23

search, development, test, and evaluation or procurement24

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of interim precision guided munitions until the Secretary1

of Defense submits the report under subsection (b).2

(d) INTERIM PRECISION GUIDED MUNITION DE-3

FINED.—For purposes of paragraph (1), a precision guid-4

ed munition is an interim precision guided munition if the5

munition is being procured in fiscal year 1996, but fund-6

ing is not proposed for additional procurement of the mu-7

nition in the fiscal years after fiscal year 1996 in the fu-8

ture years defense program submitted to Congress in 19959

under section 221(a) of title 10, United States Code.10

SEC. 216. DEFENSE NUCLEAR AGENCY PROGRAMS.11

(a) AGENCY FUNDING.—Of the amounts authorized12

to be appropriated to the Department of Defense in sec-13

tion 201, $252,900,000 shall be available for the Defense14

Nuclear Agency.15

(b) TUNNEL CHARACTERIZATION AND NEUTRALIZA-16

TION PROGRAM.—Of the amount available under sub-17

section (a), $3,000,000 shall be available for a tunnel18

characterization and neutralization program to be man-19

aged by the Defense Nuclear Agency as part of the20

counterproliferation activities of the Department of De-21

fense.22

(c) LONG-TERM RADIATION TOLERANT MICROELEC-23

TRONICS PROGRAM.—(1) Of the amount available under24

subsection (a), $6,000,000 shall be available for the estab-25

39

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lishment of a long-term radiation tolerant microelectronics1

program to be managed by the Defense Nuclear Agency2

for the purposes of—3

(A) providing for the development of affordable4

and effective hardening technologies and for incorpo-5

ration of such technologies into systems;6

(B) sustaining the supporting industrial base;7

and8

(C) ensuring that a use of a nuclear weapon in9

regional threat scenarios does not interrupt or defeat10

the continued operability of systems of the Armed11

Forces exposed to the combined effects of radiation12

emitted by the weapon.13

(2) Not later than 120 days after the date of the en-14

actment of this Act, the Secretary of Defense shall submit15

to Congress a report on how the long-term radiation toler-16

ant microelectronics program is to be conducted and fund-17

ed in the fiscal years after fiscal year 1996 that are cov-18

ered by the future-years defense program submitted to19

Congress in 1995.20

SEC. 217. COUNTERPROLIFERATION SUPPORT PROGRAM.21

(a) FUNDING.—Of the funds authorized to be appro-22

priated to the Department of Defense under section23

201(4), $144,500,000 shall be available for the24

Counterproliferation Support Program, of which—25

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(1) $30,000,000 shall be available for a tactical1

antisatellite technologies program; and2

(2) $6,300,000 shall be available for research3

and development of technologies for Special Oper-4

ations Command (SOCOM) counterproliferation ac-5

tivities.6

(b) ADDITIONAL AUTHORITY TO TRANSFER AU-7

THORIZATIONS.—(1) In addition to the transfer authority8

provided in section 1003, upon determination by the Sec-9

retary of Defense that such action is necessary in the na-10

tional interest, the Secretary may transfer amounts of au-11

thorizations made available to the Department of Defense12

in this division for fiscal year 1996 to counterproliferation13

programs, projects, and activities identified as areas for14

progress by the Counterproliferation Program Review15

Committee established by section 1605 of the National16

Defense Authorization Act for Fiscal Year 1994 (Public17

Law 103–160). Amounts of authorizations so transferred18

shall be merged with and be available for the same pur-19

poses as the authorization to which transferred.20

(2) The total amount of authorizations that the Sec-21

retary may transfer under the authority of this subsection22

may not exceed $50,000,000.23

(3) The authority provided by this subsection to24

transfer authorizations—25

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(A) may only be used to provide authority for1

items that have a higher priority than the items2

from which authority is transferred; and3

(B) may not be used to provide authority for an4

item that has been denied authorization by Con-5

gress.6

(4) A transfer made from one account to another7

under the authority of this subsection shall be deemed to8

increase the amount authorized for the account to which9

the amount is transferred by an amount equal to the10

amount transferred.11

(5) The Secretary of Defense shall promptly notify12

Congress of transfers made under the authority of this13

subsection.14

SEC. 218. NONLETHAL WEAPONS PROGRAM.15

(a) ESTABLISHMENT OF PROGRAM OFFICE.—The16

Secretary of Defense shall establish in the Office of the17

Under Secretary of Defense for Acquisition and Tech-18

nology a Program Office for Nonlethal Systems and Tech-19

nologies to conduct research, development, testing, and20

evaluation of nonlethal weapons applicable to forces en-21

gaged in both traditional and nontraditional military oper-22

ations.23

(b) FUNDING.—Of the amount authorized to be ap-24

propriated under section 201(4), $37,200,000 shall be25

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available for the Program Office for Nonlethal Systems1

and Technologies.2

SEC. 219. FEDERALLY FUNDED RESEARCH AND DEVELOP-3

MENT CENTERS.4

(a) CENTERS COVERED.—Funds appropriated or5

otherwise made available for the Department of Defense6

for fiscal year 1996 pursuant to an authorization of appro-7

priations in section 201 may be obligated to procure work8

from a federally funded research and development center9

only in the case of a center named in the report required10

by subsection (b) and, in the case of such a center, only11

in an amount not in excess of the amount of the proposed12

funding level set forth for that center in such report.13

(b) REPORT ON ALLOCATIONS FOR CENTERS.—(1)14

Not later than 30 days after the date of the enactment15

of this Act, the Secretary of Defense shall submit to the16



tives a report containing—19

(A) the name of each federally funded research20

and development center from which work is proposed21

to be procured for the Department of Defense for22

fiscal year 1996; and23

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•S 1026 PCS

(B) for each such center, the proposed funding1

level and the estimated personnel level for fiscal year2

1996.3

(2) The total of the proposed funding levels set forth4

in the report for all federally funded research and develop-5

ment centers may not exceed the amount set forth in sub-6

section (d).7

(c) LIMITATION PENDING SUBMISSION OF RE-8

PORT.—No funds appropriated or otherwise made avail-9

able for the Department of Defense for fiscal year 199610

may be obligated to procure work from a federally funded11

research and development center until the Secretary of12

Defense submits the report required by subsection (b).13

(d) FUNDING.—Of the amounts authorized to be ap-14

propriated by section 201, not more than a total of15

$1,162,650,000 may be obligated to procure services from16

the federally funded research and development centers17

named in the report required by subsection (b).18

(e) AUTHORITY TO WAIVE FUNDING LIMITATION.—19

The Secretary of Defense may waive the limitation regard-20

ing the maximum funding amount that applies under sub-21

section (a) to a federally funded research and development22

center. Whenever the Secretary proposes to make such a23

waiver, the Secretary shall submit to the Committee on24


44

•S 1026 PCS

tional Security of the House of Representatives notice of1

the proposed waiver and the reasons for the waiver. The2

waiver may then be made only after the end of the 60-3

day period that begins on the date on which the notice4

is submitted to those committees, unless the Secretary de-5

termines that it is essential to the national security that6

funds be obligated for work at that center in excess of7

that limitation before the end of such period and notifies8


Committee on National Security of the House of Rep-10

resentatives of that determination and the reasons for the11

determination.12

(f) UNDISTRIBUTED REDUCTION.—The total amount13

authorized to be appropriated for research, development,14

test, and evaluation in section 201 is hereby reduced by15

$90,000,000.16

SEC. 220. STATES ELIGIBLE FOR ASSISTANCE UNDER DE-17

FENSE EXPERIMENTAL PROGRAM TO STIMU-18

LATE COMPETITIVE RESEARCH.19

Subparagraph (A) of section 257(d)(2) of the Na-20

tional Defense Authorization Act for Fiscal Year 199521

(Public Law 103–337; 108 Stat. 2705; 10 U.S.C. 235822

note) is amended to read as follows:23

‘‘(A) the amount of all Department of Defense24

obligations for science and engineering research and25

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development that were in effect with institutions of1

higher education in the State for the fiscal year pre-2

ceding the fiscal year for which the designation is ef-3

fective or for the last fiscal year for which statistics4

are available is less than the amount determined by5

multiplying 60 percent times 1⁄50 of the total amount6

of all Department of Defense obligations for science7

and engineering research and development that were8

in effect with institutions of higher education in the9

United States for such preceding or last fiscal year,10

as the case may be (to be determined in consultation11

with the Secretary of Defense);’’.12

SEC. 221. NATIONAL DEFENSE TECHNOLOGY AND INDUS-13

TRIAL BASE, DEFENSE REINVESTMENT, AND14

CONVERSION.15

(a) REPEAL OF CERTAIN AUTHORITIES AND RE-16

QUIREMENTS.—Chapter 148 of title 10, United States17

Code, is amended—18

(1) in section 2491—19

(A) by striking out paragraphs (12), (13),20

(14), and (15); and21

(B) by redesignating paragraph (16) as22

paragraph (12);23

(2) in section 2501—24

(A) by striking out subsection (b); and25

46

•S 1026 PCS

(B) by redesignating subsection (c) as sub-1

section (b); and2

(3) by striking out sections 2512, 2513, 2516,3

2520, 2523, and 2524.4

(b) CRITERIA FOR SELECTION OF DEFENSE AD-5

VANCED MANUFACTURING TECHNOLOGY PARTNER-6

SHIPS.—Subsection (d) of section 2522 of such title is7

amended to read as follows:8

‘‘(d) SELECTION CRITERIA.—The criteria for the se-9

lection of proposed partnerships for establishment under10

this section shall be the criteria specified in section11

2511(f) of this title.’’.12

(c) CONFORMING AMENDMENTS.—(1) Section13

2516(b) of such title is amended—14

(A) by inserting ‘‘and’’ at the end of paragraph15

(2);16

(B) by striking out ‘‘; and’’ at the end of para-17

graph (3) and inserting in lieu thereof a period; and18

(C) by striking out paragraph (4).19

(2) Section 2524 of such title is amended—20

(A) in subsection (a), by striking out ‘‘and the21

defense reinvestment, diversification, and conversion22

program objectives set forth in section 2501(b) of23

this title’’; and24

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•S 1026 PCS

(B) in subsection (f), by striking out ‘‘and the1

reinvestment, diversification, and conversion pro-2

gram objectives set forth in section 2501(b) of this3

title’’.4

(d) CLERICAL AMENDMENTS.—(1) The table of sec-5

tions at the beginning of subchapter III of chapter 1486

of title 10, United States Code, is amended by striking7

out the items relating to sections 2512, 2513, 2516, and8

2520.9

(2) The table of sections at the beginning of sub-10

chapter IV of such chapter is amended by striking out the11

items relating to sections 2523 and 2524.12

SEC. 222. REVISIONS OF MANUFACTURING SCIENCE AND13

TECHNOLOGY PROGRAM.14

(a) PARTICIPATION OF DOD LABORATORIES IN ES-15

TABLISHMENT OF PROGRAM.—Subsection (a) of section16

2525 of title 10, United States Code, is amended by in-17

serting after the first sentence the following: ‘‘The Sec-18

retary shall use the manufacturing science and technology19

joint planning process of the directors of the Department20

of Defense laboratories in establishing the program.’’.21

(b) PARTICIPATION OF EQUIPMENT MANUFACTUR-22

ERS IN PROJECTS.—Subsection (c) of such section is23

amended—24

(1) by inserting ‘‘(1)’’ after25

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•S 1026 PCS

‘‘(c) EXECUTION.—’’; and1

(2) by adding at the end the following:2

‘‘(2) The Secretary shall seek, to the extent prac-3

ticable, the participation of manufacturers of manufactur-4

ing equipment in the projects under the program.’’.5

SEC. 223. PREPAREDNESS OF THE DEPARTMENT OF DE-6

FENSE TO RESPOND TO MILITARY AND CIVIL7

DEFENSE EMERGENCIES RESULTING FROM A8

CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR9

NUCLEAR ATTACK.10

(a) REPORT.—Not later than February 28, 1996, the11

Secretary of Defense and the Secretary of Energy, in con-12

sultation with the Director of the Federal Emergency13

Management Agency, shall jointly submit to Congress a14

report on the plans and programs of the Department of15

Defense to prepare for and respond to military and civil16

defense emergencies resulting from a chemical, biological,17

radiological, or nuclear attack on the United States.18

(b) CONTENT OF REPORT.—The report shall contain19

the following:20

(1) A discussion of—21

(A) the consequences of an attack for22

which the Department of Defense has a respon-23

sibility to provide a primary response; and24

49

•S 1026 PCS

(B) the plans and programs for preparing1

for and providing that response.2

(2) A discussion of—3

(A) the consequences of an attack for4

which the Department of Defense has a respon-5

sibility to provide a supporting response; and6

(B) the plans and programs for preparing7

for and providing that response.8

(3) Any actions and recommended legislation9

that the Secretary considers necessary for improving10

the preparedness of the Department of Defense to11

respond effectively to the consequences of a chemi-12

cal, biological, radiological, or nuclear attack on the13

United States.14

Subtitle C—Missile Defense15

SEC. 231. SHORT TITLE.16

This subtitle may be cited as the ‘‘Missile Defense17

Act of 1995’’.18

SEC. 232. FINDINGS.19

Congress makes the following findings:20

(1) The threat that is posed to the national se-21

curity of the United States by the proliferation of22

ballistic and cruise missiles is significant and grow-23

ing, both quantitatively and qualitatively.24

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•S 1026 PCS

(2) The deployment of Theater Missile Defense1

systems will deny potential adversaries the option of2

escalating a conflict by threatening or attacking3

United States forces, coalition partners of the Unit-4

ed States, or allies of the United States with ballistic5

missiles armed with weapons of mass destruction to6

offset the operational and technical advantages of7

the United States and its coalition partners and al-8

lies.9

(3) The intelligence community of the United10

States has confirmed that (A) the missile prolifera-11

tion trend is toward longer range and more sophisti-12

cated ballistic missiles, (B) North Korea may deploy13

an intercontinental ballistic missile capable of reach-14

ing Alaska or beyond within 5 years, and (C) al-15

though a new indigenously developed ballistic missile16

threat to the continental United States is not fore-17

cast within the next 10 years there are ways for de-18

termined countries to acquire intercontinental ballis-19

tic missiles in the near future and with little warn-20

ing by means other than indigenous development.21

(4) The deployment by the United States and22

its allies of effective defenses against ballistic mis-23

siles of all ranges, as well as against cruise missiles,24

will reduce the incentives for countries to acquire25

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such missiles or to augment existing missile capabili-1

ties.2

(5) The Cold War distinction between strategic3

ballistic missiles and nonstrategic ballistic missiles4

and, therefore, the ABM Treaty’s distinction be-5

tween strategic defense and nonstrategic defense, is6

technologically and geostrategically outdated.7

(6) The concept of mutual assured destruction,8

which provides the philosophical rationale for the9

ABM Treaty and continued reliance on an offense-10

only form of deterrence, is adversarial and bipolar in11

nature and is not a suitable basis for stability in a12

multipolar world and one in which the United States13

and the states of the former Soviet Union are seek-14

ing to normalize relations and eliminate Cold War15

attitudes and arrangements.16

(7) By undermining the credibility of, and in-17

centives to pursue, destabilizing first-strike strate-18

gies, theater and national missile defenses can con-19

tribute to the maintenance of strategic stability as20

missile threats proliferate and as the United States21

and the former Soviet Union significantly reduce the22

number of strategic nuclear forces in their respective23

inventories.24

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(8) Although technology control regimes and1

other forms of international arms control can con-2

tribute to nonproliferation, such measures are inad-3

equate for dealing with missile proliferation, and4

should not be viewed as alternatives to missile de-5

fenses and other active and passive defenses.6

(9) Due to limitations in the ABM Treaty7

which preclude deployment of more than 1008

ground-based ABM interceptors at a single site, the9

United States is currently prohibited from deploying10

a national missile defense system capable of defend-11

ing the continental United States, Alaska, and Ha-12

waii against even the most limited ballistic missile13

attacks.14

SEC. 233. MISSILE DEFENSE POLICY.15

It is the policy of the United States to—16

(1) deploy as soon as possible highly effective17

theater missile defenses capable of countering exist-18

ing and emerging theater ballistic missiles;19

(2) deploy a multiple-site national missile de-20

fense system that (A) is highly effective against lim-21

ited ballistic missile attacks on the territory of the22

United States, and (B) will be augmented over time23

to provide a layered defense against larger and more24

sophisticated ballistic missile threats;25

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•S 1026 PCS

(3) improve existing cruise missile defenses and1

deploy as soon as practical defenses that are highly2

effective against advanced cruise missiles;3

(4) pursue a focused research and development4

program to provide follow-on ballistic missile defense5

options;6

(5) employ streamlined acquisition procedures7

to lower the cost and accelerate the pace of develop-8

ing and deploying theater missile defenses, cruise9

missile defenses, and national missile defenses; and10

(6) seek a cooperative transition to a regime11

that does not feature mutual assured destruction12

and an offense-only form of deterrence as the basis13

for strategic stability.14

SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.15

(a) ESTABLISHMENT OF CORE PROGRAM.—To imple-16

ment the policy established in section 233, the Secretary17

of Defense shall establish a top priority core theater mis-18

sile defense program consisting of the following systems:19

(1) The Patriot PAC–3 system, which shall20

have a first unit equipped (FUE) in fiscal year21

1998.22

(2) The Navy Lower Tier (Area) system, which23

shall have a user operational evaluation system24

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(UOES) capability in fiscal year 1997 and an initial1

operational capability (IOC) in fiscal year 1999.2

(3) The Theater High-Altitude Area Defense3

(THAAD) system, which shall have a user oper-4

ational evaluation system (UOES) capability in fis-5

cal year 1997 and an initial operational capability6

(IOC) no later than fiscal year 2002.7

(4) The Navy Upper Tier (Theater Wide) sys-8

tem, which shall have a user operational evaluation9

system (UOES) capability in fiscal year 1999 and10

an initial operational capability (IOC) in fiscal year11

2001.12

(b) INTEROPERABILITY AND SUPPORT OF CORE SYS-13

TEMS.—To maximize effectiveness and flexibility, the Sec-14

retary of Defense shall ensure that core theater missile15

defense systems are interoperable and fully capable of ex-16

ploiting external sensor and battle management support17

from systems such as the Navy’s Cooperative Engagement18

Capability (CEC), the Army’s Battlefield Integration Cen-19

ter (BIC), air and space-based sensors including, in par-20

ticular, the Space and Missile Tracking System (SMTS).21

(c) TERMINATION OF PROGRAMS.—The Secretary of22

Defense shall terminate the following programs:23

(1) The Corps Surface to Air Missile system24

(Corps SAM).25

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(2) The Boost Phase Interceptor (BPI).1

(d) FOLLOW-ON SYSTEMS.—(1) The Secretary of2

Defense shall develop an affordable development plan for3

follow-on theater missile defense systems which leverages4

existing systems, technologies, and programs, and focuses5

investments to satisfy military requirements not met by6

the core program.7

(2) Before adding new theater missile defense sys-8

tems to the core program from among the follow-on activi-9

ties, the Secretary of Defense shall submit to the congres-10

sional defense committees a report describing—11

(A) the requirements for the program;12

(B) how the new program will relate to, sup-13

port, and leverage off existing core programs;14

(C) the planned acquisition strategy; and15

(D) a preliminary estimate of total program16

cost and budgetary impact.17

(e) REPORT.—Not later than 60 days after the date18

of the enactment of this Act, the Secretary of Defense19

shall submit to the congressional defense committees a re-20

port detailing the Secretary’s plans for implementing the21

guidance specified in this section.22

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SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITEC-1

TURE.2

(a) IN GENERAL.—To implement the policy estab-3

lished in section 233, the Secretary of Defense shall de-4

velop an affordable and operationally effective national5

missile defense system, which will attain initial operational6

capability (IOC) by the end of 2003. The national missile7

defense system to be developed for deployment shall in-8

clude the following:9

(1) Ground-based interceptors deployed at mul-10

tiple sites, the locations and numbers of which are11

to be determined so as to optimize the defensive cov-12

erage of the continental United States, Alaska, and13

Hawaii against limited ballistic missile attacks.14

(2) Fixed ground-based radars and space-based15

sensors, including the Space and Missile Tracking16

system, the mix, siting and numbers of which are to17

be determined so as to optimize sensor support and18

minimize total system cost.19

(3) Battle management, command, control, and20

communications (BM/C3).21

(b) INTERIM OPERATIONAL CAPABILITY.—To pro-22

vide a hedge against the emergence of near-term ballistic23

missile threats against the United States and to support24

the development and deployment of the objective system25

specified in subsection (a), the Secretary of Defense shall26

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•S 1026 PCS

develop an interim national missile defense capability, con-1

sistent with the technical requirements and schedule of2

such objective system, to be operational by the end of3

1999. In developing this capability the Secretary shall4

make use of—5

(1) developmental, or user operational evalua-6

tion system (UOES) interceptors, radars, and battle7

management, command, control, and communica-8

tions (BM/C3), to the extent that such use directly9

supports, and does not significantly increase the cost10

of, the objective system specified in subsection (a);11

(2) one or more of the sites that will be used12

as deployment locations for the objective system13

specified in subsection (a);14

(3) upgraded early warning radars; and15

(4) space-based sensors.16

(c) USE OF STREAMLINED ACQUISITION PROCE-17

DURES.—The Secretary of Defense shall prescribe and use18

streamlined acquisition procedures to—19

(1) reduce the cost and increase the efficiency20

of developing the national missile defense system21

specified in subsection (a); and22

(2) ensure that the interim national missile de-23

fense capabilities developed pursuant to subsection24

(b) are operationally effective and on a path to fulfill25

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the technical requirements and schedule of the objec-1

tive system.2

(d) ADDITIONAL COST SAVING MEASURES.—In addi-3

tion to the procedures prescribed pursuant to subsection4

(c), the Secretary of Defense shall employ cost saving5

measures that do not decrease the operational effective-6

ness of the systems specified in subsections (a) and (b),7

and which do not pose unacceptable technical risk. The8

cost saving measures should include the following:9

(1) The use of existing facilities and infrastruc-10

ture.11

(2) The use, where appropriate, of existing or12

upgraded systems and technologies.13

(3) Development of systems and components14

that do not rely on a large and permanent infra-15

structure and are easily transported, emplaced, and16

moved.17

(e) REPORT ON PLAN FOR DEPLOYMENT.—Not later18

than 60 days after the date of the enactment of this Act,19

the Secretary of Defense shall submit to the congressional20

defense committees a report containing the following mat-21

ters:22

(1) The Secretary’s plan for carrying out this23

section.24

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(2) An analysis of options for supplementing or1

modifying the national missile defense architecture2

specified in subsection (a) before attaining initial3

operational capability, or evolving such architecture4

in a building block manner after attaining initial5

operational capability, to improve the cost-effective-6

ness or the operational effectiveness of such system7

by adding one or a combination of the following:8

(A) Additional ground-based interceptors9

at existing or new sites.10

(B) Sea-based missile defense systems.11

(C) Space-based kinetic energy intercep-12

tors.13

(D) Space-based directed energy systems.14

SEC. 236. CRUISE MISSILE DEFENSE INITIATIVE.15

(a) IN GENERAL.—The Secretary of Defense shall16

undertake an initiative to coordinate and strengthen the17

cruise missile defense programs, projects, and activities of18

the military departments, the Advanced Research Projects19

Agency and the Ballistic Missile Defense Organization to20

ensure that the United States develops and deploys highly21

effective defenses against existing and future cruise mis-22

sile threats.23

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(b) ACTIONS OF THE SECRETARY OF DEFENSE.—In1

carrying out subsection (a), the Secretary of Defense shall2

ensure that—3

(1) to the extent practicable, the ballistic mis-4

sile defense and cruise missile defense efforts of the5

Department of Defense are coordinated and mutu-6

ally reinforcing;7

(2) existing air defense systems are adequately8

upgraded to defend against existing and near-term9

cruise missile threats; and10

(3) the Department of Defense undertakes a11

high priority and well coordinated technology devel-12

opment program to support the future deployment of13

systems that are highly effective against advanced14

cruise missiles, including cruise missiles with low ob-15

servable features.16

(c) IMPLEMENTATION PLAN.—Not later than 6017

days after the date of the enactment of this Act, the Sec-18

retary of Defense shall submit to the congressional defense19

committees a detailed plan, in unclassified and classified20

forms, as necessary, for carrying out this section. The plan21

shall include an assessment of—22

(1) the systems that currently have cruise mis-23

sile defense capabilities, and existing programs to24

improve these capabilities;25

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(2) the technologies that could be deployed in1

the near- to mid-term to provide significant advances2

over existing cruise missile defense capabilities, and3

the investments that would be required to ready the4

technologies for deployment;5

(3) the cost and operational tradeoffs, if any,6

between upgrading existing air and missile defense7

systems and accelerating follow-on systems with sig-8

nificantly improved capabilities against advanced9

cruise missiles; and10

(4) the organizational and management changes11

that would strengthen and further coordinate the12

cruise missile defense efforts of the Department of13

Defense, including the disadvantages, if any, of im-14

plementing such changes.15

SEC. 237. POLICY REGARDING THE ABM TREATY.16

(a) SENSE OF CONGRESS.—In light of the findings17

and policies provided in this subtitle, it is the sense of Con-18

gress that—19

(1) the Senate should—20

(A) undertake a comprehensive review of21

the continuing value and validity of the ABM22

Treaty with the intent of providing additional23

policy guidance on the future of the ABM Trea-24

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ty during the second session of the 104th Con-1

gress; and2

(B) consider establishing a select commit-3

tee to carry out the review and to recommend4

such additional policy guidance on future appli-5

cation of the ABM Treaty as the select commit-6

tee considers appropriate; and7

(2) the President should cease all efforts to8

modify, clarify, or otherwise alter United States obli-9

gations under the ABM Treaty pending the outcome10

of the review.11

(b) ABM TREATY NEGOTIATING RECORD.—(1) To12

support the comprehensive review specified in subsection13

(a), the Secretary of Defense, in consultation with other14

appropriate officials of the executive branch, shall provide15

the Senate with a complete, declassified version of the16

ABM Treaty negotiating record, including—17

(A) within 30 days after the date of the enact-18

ment of this Act, an index of the documents com-19

prising the negotiating record; and20

(B) within 60 days after the date of the enact-21

ment of this Act, the documents comprising the ne-22

gotiating record in unclassified form.23

(2) If the Secretary considers it necessary to do so,24

the Secretary may submit the documents referred to in25

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paragraph (1)(B) in classified form when due under that1

paragraph. If the Secretary does so, however, the Sec-2

retary shall submit the documents in unclassified form3

within 90 days after the date of the enactment of this Act.4

(c) WAIVER.—The Secretary of Defense, after con-5

sultation with any select committee established in accord-6

ance with subsection (a)(1)(B) or, if no select committee,7

the Committee on Armed Services of the Senate, may8

waive the declassification requirement under subsection9

(b) on a document by document basis.10

SEC. 238. STANDARD FOR ASSESSING COMPLIANCE WITH11

THE ABM TREATY.12

(a) POLICY CONCERNING SYSTEMS SUBJECT TO13

ABM TREATY.—Unless and until a missile defense or air14

defense system, system upgrade, or system component, in-15

cluding one that exploits data from space-based or other16

external sensors (such as the Space and Missile Tracking17

System, which can be deployed as an ABM adjunct, or18

the Navy’s Cooperative Engagement Capability), is flight19

tested in an ABM-qualifying flight test (as defined in sub-20

section (c)), such system, system upgrade, or system com-21

ponent—22

(1) has not, for purposes of the ABM Treaty,23

been tested in an ABM mode nor been given capa-24

bilities to counter strategic ballistic missiles; and25

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(2) therefore is not subject to any application,1

limitation, or obligation under the ABM Treaty.2

(b) PROHIBITIONS.—(1) Appropriated funds may not3

be obligated or expended by any official of the Federal4

Government for the purpose of—5

(A) prescribing, enforcing, or implementing any6

Executive order, regulation, or policy that would7

apply the ABM Treaty (or any limitation or obliga-8

tion under such Treaty) to research, development,9

testing, or deployment of a missile defense or air de-10

fense system, system upgrade, or system component,11

including one that exploits data from space-based or12

other external sensors; or13

(B) taking any other action to provide for the14

ABM Treaty (or any limitation or obligation under15

such treaty) to be applied to research, development,16

testing, or deployment of a missile defense or air de-17

fense system, system upgrade, or system component,18

including one that exploits data from space-based or19

other external sensors.20

(2) This subsection shall cease to apply with respect21

to a missile defense or air defense system, system upgrade,22

or system component, including one that exploits data23

from space-based or other external sensors, when that sys-24

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tem, system upgrade, or system component has been flight1

tested in an ABM-qualifying flight test.2

(c) ABM-QUALIFYING FLIGHT TEST DEFINED.—3

For purposes of this section, an ABM-qualifying flight test4

is a flight test against a ballistic missile which, in that5

flight test, exceeds (1) a range of 3,500 kilometers, or (2)6

a velocity of 5 kilometers per second.7

(d) ACTIONS OF THE SECRETARY OF DEFENSE.—8

Not later than 60 days after the date of the enactment9

of this Act, and each year thereafter in the annual report10

of the Ballistic Missile Defense Organization, the Sec-11

retary of Defense shall certify to Congress that no United12

States missile defense or air defense system, system up-13

grade, or system component is being limited, modified, or14

otherwise constrained pursuant to the ABM Treaty in a15

manner that is inconsistent with this section.16

(e) CONGRESSIONAL REVIEW OF RANGE AND VELOC-17

ITY PARAMETERS.—Congress finds that the range and ve-18

locity parameters set forth in subsection (c) are based on19

a distinction between strategic and nonstrategic ballistic20

missiles that is technically and geostrategically outdated,21

and, therefore, should be subject to review and change as22

part of the Senate’s comprehensive review under section23

237.24

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SEC. 239. BALLISTIC MISSILE DEFENSE PROGRAM ELE-1

MENTS.2

(a) ELEMENTS SPECIFIED.—In the budget justifica-3

tion materials submitted to Congress in support of the De-4

partment of Defense budget for any fiscal year after fiscal5

year 1996 (as submitted in the budget of the President6

under section 1105(a) of title 31, United States Code),7

the amount requested for activities of the Ballistic Missile8

Defense Organization shall be set forth in accordance with9

the following program elements:10

(1) The Patriot system.11

(2) The Navy Lower Tier (Area) system.12

(3) The Theater High-Altitude Area Defense13

(THAAD) system.14

(4) The Navy Upper Tier (Theater Wide) sys-15

tem.16

(5) Other Theater Missile Defense Activities.17

(6) National Missile Defense.18

(7) Follow-On and Support Technologies.19

(b) TREATMENT OF NON-CORE TMD IN OTHER20

THEATER MISSILE DEFENSE ACTIVITIES ELEMENT.—21

Funding for theater missile defense programs, projects,22

and activities, other than core theater missile defense pro-23

grams, shall be covered in the ‘‘Other Theater Missile De-24

fense Activities’’ program element.25

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(c) TREATMENT OF CORE THEATER MISSILE DE-1

FENSE PROGRAMS.—Funding for core theater missile de-2

fense programs specified in section 234, shall be covered3

in individual, dedicated program elements and shall be4

available only for activities covered by those program ele-5

ments.6

(d) BM/C3I PROGRAMS.—Funding for programs,7

projects, and activities involving battle management, com-8

mand, control, communications, and intelligence (BM/9

C3I) shall be covered in the ‘‘Other Theater Missile De-10

fense Activities’’ program element or the ‘‘National Missile11

Defense’’ program element, as determined on the basis of12

the primary objectives involved.13

(e) MANAGEMENT AND SUPPORT.—Each program14

element shall include requests for the amounts necessary15

for the management and support of the programs,16

projects, and activities contained in that program element.17

SEC. 240. ABM TREATY DEFINED.18

For purposes of this subtitle, the term ‘‘ABM Trea-19

ty’’ means the Treaty Between the United States of Amer-20

ica and the Union of Soviet Socialist Republics on the21

Limitation of Anti-Ballistic Missiles, signed at Moscow on22

May 26, 1972, and includes the Protocols to that Treaty,23

signed at Moscow on July 3, 1974.24

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SEC. 241. REPEAL OF MISSILE DEFENSE PROVISIONS.1

The following provisions of law are repealed:2

(1) The Missile Defense Act of 1991 (part C of3

title II of Public Law 102–190; 10 U.S.C. 24314

note).5

(2) Section 237 of the National Defense Au-6

thorization Act for Fiscal Year 1994 (Public Law7

103–160).8



103–160).11

(4) Section 222 of the Department of Defense12

Authorization Act, 1986 (Public Law 99–145; 9913

Stat. 613; 10 U.S.C. 2431 note).14


Authorization Act, 1986 (Public Law 99–145; 9916

Stat. 614).17


thorization Act for Fiscal Years 1988 and 198919

(Public Law 100–180; 101 Stat. 1057; 10 U.S.C.20

2431 note).21


Appropriations Act, 1989 (Public Law 100–463;23

102 Stat. 2270–40).24

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•S 1026 PCS


Appropriations Act, 1992 (Public Law 102–172;2

105 Stat. 1211).3



103–160; 107 Stat. 1595; 10 U.S.C. 2431 note).6



103–337; 108 Stat. 2701; 10 U.S.C. 221 note).9

TITLE III—OPERATION AND10

MAINTENANCE11


Appropriations13

SEC. 301. OPERATION AND MAINTENANCE FUNDING.14


fiscal year 1996 for the use of the Armed Forces and other16

activities and agencies of the Department of Defense for17

expenses, not otherwise provided for, for operation and18

maintenance, in amounts as follows:19

(1) For the Army, $18,086,206,000.20

(2) For the Navy, $21,356,960,000.21

(3) For the Marine Corps, $2,405,711,000.22

(4) For the Air Force, $18,237,893,000.23

(5) For Defense-wide activities,24

$10,060,162,000.25

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(6) For the Army Reserve, $1,062,591,000.1

(7) For the Naval Reserve, $840,842,000.2

(8) For the Marine Corps Reserve,3

$90,283,000.4

(9) For the Air Force Reserve, $1,472,947,000.5

(10) For the Army National Guard,6

$2,304,108,000.7

(11) For the Air National Guard,8

$2,734,221,000.9

(12) For the Defense Inspector General,10

$138,226,000.11

(13) For the United States Court of Appeals12

for the Armed Forces, $6,521,000.13

(14) For Environmental Restoration, Defense,14

$1,601,800,000.15

(15) For Drug Interdiction and Counter-drug16

Activities, Defense-wide, $680,432,000.17

(16) For Medical Programs, Defense,18

$9,943,825,000.19

(17) For support for the 1996 Summer Olym-20

pics, $15,000,000.21

(18) For Cooperative Threat Reduction pro-22

grams, $365,000,000.23

(19) For Overseas Humanitarian, Disaster, and24

Civic Aid programs, $20,000,000.25

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SEC. 302. WORKING CAPITAL FUNDS.1


fiscal year 1996 for the use of the Armed Forces and other3

activities and agencies of the Department of Defense for4

providing capital for working capital and revolving funds5

in amounts as follows:6

(1) For the Defense Business Operations Fund,7

$878,700,000.8

(2) For the National Defense Sealift Fund,9

$1,084,220,000.10

SEC. 303. ARMED FORCES RETIREMENT HOME.11

(a) AUTHORIZATION OF APPROPRIATIONS TO TRUST12

FUND.—There is hereby authorized to be appropriated to13

the Armed Forces Retirement Home Trust Fund the sum14

of $45,000,000, to remain available until expended.15

(b) AUTHORIZATION OF APPROPRIATIONS FROM16

TRUST FUND.—There is hereby authorized to be appro-17

priated for fiscal year 1996 from the Armed Forces Re-18

tirement Home Trust Fund the sum of $59,120,000 for19

the operation of the Armed Forces Retirement Home, in-20

cluding the United States Soldiers’ and Airmen’s Home21

and the Naval Home.22

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-23

PILE TRANSACTION FUND.24

(a) TRANSFER AUTHORITY.—To the extent provided25

in appropriations Acts, not more than $150,000,000 is au-26

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thorized to be transferred from the National Defense1

Stockpile Transaction Fund to operation and maintenance2

accounts for fiscal year 1996 in amounts as follows:3

(1) For the Army, $50,000,000.4

(2) For the Navy, $50,000,000.5

(3) For the Air Force, $50,000,000.6

(b) TREATMENT OF TRANSFERS.—Amounts trans-7

ferred under this section—8

(1) shall be merged with, and be available for9

the same purposes and the same period as, the10

amounts in the accounts to which transferred; and11

(2) may not be expended for an item that has12

been denied authorization of appropriations by Con-13

gress.14

(c) RELATIONSHIP TO OTHER TRANSFER AUTHOR-15

ITY.—The transfer authority provided in this section is in16

addition to the transfer authority provided in section17

1001.18

Subtitle B—Depot-Level19

Maintenance and Repair20

SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-21

LEVEL MAINTENANCE AND REPAIR FOR THE22

DEPARTMENT OF DEFENSE.23

(a) REQUIREMENT FOR POLICY.—Not later than24

March 31, 1996, the Secretary of Defense shall develop25

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and report to the Committee on Armed Services of the1

Senate and the Committee on National Security of the2

House of Representatives a comprehensive policy on the3

performance of depot-level maintenance and repair for the4

Department of Defense.5

(b) PRIMARY OBJECTIVE OF POLICY.—In developing6

the policy, it shall be the primary objective of the Sec-7

retary to ensure a ready and controlled source of technical8

competence and repair and maintenance capabilities nec-9

essary for national security across a full range of current10

and projected training and operational requirements, in-11

cluding requirements in peacetime, contingency oper-12

ations, mobilization, and other emergencies.13

(c) CONTENT OF POLICY.—The policy shall—14

(1) define, in terms of the requirements of the15

Department of Defense for performance of mainte-16

nance and repair, the purpose for having public de-17

pots for performing those functions;18

(2) provide for performance of core depot-level19

maintenance and repair capabilities in facilities20

owned and operated by the United States;21

(3) provide for the core capabilities to include22

sufficient skilled personnel, equipment, and facilities23

to achieve the objective set forth in subsection (b);24

(4) address environmental liability;25

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•S 1026 PCS

(5) in the case of depot-level maintenance and1

repair workloads in excess of the workload required2

to be performed by Department of Defense depots,3

provide for competition for those workloads between4

public and private entities when there is sufficient5

potential for realizing cost savings based on ade-6

quate private sector competition and technical capa-7

bilities;8

(6) provide for selection on the basis of merit9

whenever the workload of a Department of Defense10

depot is changed;11

(7) provide transition provisions appropriate for12

persons in the Department of Defense depot-level13

workforce; and14

(8) address issues concerning exchange of tech-15

nical data between the Federal Government and the16

private sector, environmental liability, efficient and17

effective performance of depot functions, and ad-18

verse effects of the policy on the Federal Govern-19

ment work force.20

(d) CONSIDERATION.—In developing the policy, the21

Secretary shall take into consideration the capabilities of22

the public depots and the capabilities of businesses in the23

private sector to perform the maintenance and repair work24

required by the Department of Defense.25

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(e) REPEAL OF 60/40 REQUIREMENT AND REQUIRE-1

MENT RELATING TO COMPETITION.—(1) Sections 24662

and 2469 of title 10, United States Code, are repealed.3

(2) The table of sections at the beginning of chapter4

146 of such title is amended by striking out the items re-5

lating to sections 2466 and 2469.6

(3) The amendments made by paragraphs (1) and (2)7

shall take effect on the date (after the date of the enact-8

ment of this Act) on which legislation is enacted that con-9

tains a provision that specifically states one of the follow-10

ing:11

(A) ‘‘The policy on the performance of depot-12

level maintenance and repair for the Department of13

Defense that was submitted by the Secretary of De-14

fense to the Committee on Armed Services of the15

Senate and the Committee on National Security of16

the House of Representatives pursuant to section17

311 of the National Defense Authorization Act for18

Fiscal Year 1996 is approved.’’; or19

(B) ‘‘The policy on the performance of depot-20

level maintenance and repair for the Department of21

Defense that was submitted by the Secretary of De-22

fense to the Committee on Armed Services of the23

Senate and the Committee on National Security of24

the House of Representatives pursuant to section25

76

•S 1026 PCS

311 of the National Defense Authorization Act for1

Fiscal Year 1996 is approved with the following2

modifications:’’ (with the modifications being stated3

in matter appearing after the colon).4

SEC. 312. EXTENSION OF AUTHORITY FOR AVIATION DE-5

POTS AND NAVAL SHIPYARDS TO ENGAGE IN6

DEFENSE-RELATED PRODUCTION AND SERV-7

ICES.8

Section 1425(e) of the National Defense Authoriza-9

tion Act for Fiscal Year 1991 (Public Law 101–510; 10410

Stat. 1684), as amended by section 370(b) of Public Law11

103–160 (107 Stat. 1634) and section 386(b) of Public12

Law 103–337 (108 Stat. 2742), is further amended by13

striking out ‘‘September 30, 1995’’ and inserting in lieu14

thereof ‘‘September 30, 1996’’.15

Subtitle C—Environmental16

Provisions17

SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS18

FOR SERVICES UNDER ENVIRONMENTAL19

RESTORATION PROGRAM.20

(a) REQUIREMENTS.—(1) Section 2701(d) of title 10,21

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

‘‘(d) SERVICES OF OTHER AGENCIES.—23

‘‘(1) IN GENERAL.—Subject to paragraph (2),24

the Secretary may enter into agreements on a reim-25

77

•S 1026 PCS

bursable or other basis with any other Federal agen-1

cy, or with any State or local government agency, to2

obtain the services of the agency to assist the Sec-3

retary in carrying out any of the Secretary’s respon-4

sibilities under this section. Services which may be5

obtained under this subsection include the identifica-6

tion, investigation, and cleanup of any off-site con-7

tamination resulting from the release of a hazardous8

substance or waste at a facility under the Sec-9

retary’s jurisdiction.10

‘‘(2) LIMITATION ON REIMBURSABLE AGREE-11

MENTS.—An agreement with an agency under para-12

graph (1) may provide for reimbursement of the13

agency only for technical or scientific services ob-14

tained from the agency.’’.15

(2)(A) Except as provided in subparagraph (B), the16

total amount of funds available for reimbursements under17

agreements entered into under section 2710(d) of title 10,18

United States Code, as amended by paragraph (1), in fis-19

cal year 1996 may not exceed $5,000,000.20

(B) The Secretary of Defense may pay in fiscal year21

1996 an amount for reimbursements under agreements re-22

ferred to in subparagraph (A) in excess of the amount23

specified in that subparagraph for that fiscal year if—24

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•S 1026 PCS

(i) the Secretary certifies to Congress that the1

payment of the amount under this subparagraph is2

essential for the management of the Defense Envi-3

ronmental Restoration Program under chapter 1604

of title 10, United States Code; and5

(ii) a period of 60 days has expired after the6

date on which the certification is received by Con-7

gress.8

(b) REPORT ON SERVICES OBTAINED.—The Sec-9

retary of Defense shall include in the report submitted to10

Congress with respect to fiscal year 1998 under section11

2706(a) of title 10, United States Code, information on12

the services, if any, obtained by the Secretary during fiscal13

year 1996 pursuant to each agreement on a reimbursable14

basis entered into with a State or local government agency15

under section 2701(d) of title 10, United States Code, as16

amended by subsection (a). The information shall include17

a description of the services obtained under each agree-18

ment and the amount of the reimbursement provided for19

the services.20

SEC. 322. DISCHARGES FROM VESSELS OF THE ARMED21

FORCES.22

(a) DEVELOPMENT OF UNIFORM NATIONAL DIS-23

CHARGE STANDARDS.—Section 312 of the Federal Water24

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•S 1026 PCS

Pollution Control Act (33 U.S.C. 1322) is amended by1

adding at the end the following:2

‘‘(n)(1) The provisions of this subsection and the3

standards and regulations promulgated hereunder shall4

apply to discharges incidental to the normal operation of5

a vessel of the Armed Forces, other than sewage, unless6

the Secretary of Defense finds that compliance would not7

be in the interest of national security.8

‘‘(2) For purposes of this subsection, the term—9

‘‘(A) ‘marine pollution control device’ means10

any equipment or management practice, for installa-11

tion or use on board a vessel of the Armed Forces,12

that is designed to receive, retain, treat, control, or13

discharge graywater, bilge water, or other discharge14

incidental to the normal operation of a vessel;15

‘‘(B) ‘discharges incidental to the normal oper-16

ation of a vessel’ means discharges subject to regula-17

tion under this Act—18

‘‘(i) including (but not limited to)—19

‘‘(I) graywater, bilge water, cooling20

water, weather deck runoff, ballast water,21

oil water separator effluent, and any other22

pollutant discharges from the operation of23

marine propulsion systems, shipboard ma-24

neuvering systems, crew habitability sys-25

80

•S 1026 PCS

tem, installed major equipment such as1

aircraft carrier elevators and catapults,2

and protective, preservative, or absorptive3

applications to the hull of the vessel; and4

‘‘(II) discharges in connection with5

the testing, maintenance, and repair of6

such systems whenever the vessel is water-7

borne;8

‘‘(ii) but not including—9

‘‘(I) discharges of rubbish, trash, gar-10

bage, or other such materials discharged11

overboard; or12

‘‘(II) air emissions resulting from the13

operation of vessel propulsion systems,14

motor driven equipment, or incinerators;15

‘‘(C) ‘Secretary’ means the Secretary of the de-16

partment in which the Coast Guard is operating;17

and18

‘‘(D) ‘vessel of the Armed Forces’ means—19

‘‘(i) any vessel owned or operated by the20

Department of Defense, other than a time or21

voyage chartered vessel; and22

‘‘(ii) any vessel owned or operated by the23

Department of Transportation that is des-24

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•S 1026 PCS

ignated by the Secretary as a vessel equivalent1

to a vessel described in clause (i).2

‘‘(3)(A) The Administrator and the Secretary of De-3

fense, after consultation with the Secretary, shall jointly4

determine the discharges incidental to the normal oper-5

ation of a vessel of the Armed Forces for which it is rea-6

sonable and practicable to require use of a marine pollu-7

tion control device in order to mitigate adverse impacts8

on the marine environment. The Administrator and the9

Secretary of Defense shall make such determinations after10

public notice and comment.11

‘‘(B) In making determinations with respect to a dis-12

charge and a marine pollution control device under this13

paragraph, the Administrator and the Secretary of De-14

fense shall take into consideration—15

‘‘(i) the nature of the discharge, including the16

effects of the discharge on the environment;17

‘‘(ii) the practicability of using the device in18

order to mitigate the adverse impacts of the dis-19

charge on the marine environment;20

‘‘(iii) the effect of the installation or use of the21

device on the operations or operational capability of22

vessels of various classes, types, and sizes;23

‘‘(iv) other Federal and State law regarding the24

discharge and the device;25

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‘‘(v) international standards regarding the dis-1

charge and the device; and2

‘‘(vi) the financial cost of the installation and3

use of the device.4

‘‘(4)(A) For each discharge for which a marine pollu-5

tion control device is determined to be required under6

paragraph (3), the Administrator and the Secretary of De-7

fense, in consultation with the Secretary, the Secretary of8

State, the Secretary of Commerce, appropriate representa-9

tives of other departments and agencies of the Federal10

Government, and appropriate representatives of interested11

States, shall jointly promulgate Federal standards of per-12

formance for the marine pollution control device or devices13

required with respect to the discharge. Notwithstanding14

subsection (a)(1) of section 553 of title 5, United States15

Code, the Administrator and the Secretary of Defense16

shall promulgate the regulations in accordance with the17

provisions of that section.18

‘‘(B) In promulgating standards under this para-19

graph, the Administrator and the Secretary of Defense20

shall take into consideration the matters set forth in21

clauses (i) through (vi) of paragraph (3)(B).22

‘‘(C) Standards under this paragraph may—23

‘‘(i) distinguish among classes, types, and sizes24

of vessels of the Armed Forces;25

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•S 1026 PCS

‘‘(ii) distinguish among new vessels and existing1

vessels; and2

‘‘(iii) provide for the waiver of the applicability3

of the standards to a particular class, type, size, or4

age of vessel.5

‘‘(5) The Secretary of Defense, after consultation6

with the Administrator and the Secretary, shall promul-7

gate regulations governing the design, construction, instal-8

lation, and use of marine pollution control devices on9

board vessels of the Armed Forces, which regulations are10

necessary to achieve the Federal performance standards11

for such devices that are promulgated under paragraph12

(4).13

‘‘(6)(A) The Administrator and the Secretary of De-14

fense shall make initial determinations under paragraph15

(3) not later than 24 months after the date of the enact-16

ment of the National Defense Authorization Act for Fiscal17

Year 1996 and periodically thereafter upon receipt of sig-18

nificant new information.19

‘‘(B) The Administrator and the Secretary of Defense20

shall promulgate standards of performance for marine pol-21

lution control devices under paragraph (4) not later than22

24 months after determinations under paragraph (3) that23

marine pollution control devices are required.24

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‘‘(C)(i) The Secretary of Defense shall promulgate1

regulations with respect to a marine pollution control de-2

vice under paragraph (5) as soon as practicable after the3

Administrator and the Secretary of Defense promulgate4

standards with respect to the device under paragraph (4),5

but in no case later than 12 months after the Adminis-6

trator and the Secretary of Defense promulgate the stand-7

ards.8

‘‘(ii) Regulations promulgated by the Secretary of9

Defense under paragraph (5) shall take effect upon pro-10

mulgation unless another effective date is specified.11

‘‘(7) Upon the effective date of regulations promul-12

gated by the Secretary of Defense under paragraph (5),13

no State or political subdivision thereof shall adopt or en-14

force any statute or regulation of such State or political15

subdivision with respect to the design, construction, instal-16

lation, or use of any marine pollution control device, or17

otherwise with respect to any discharge incidental to the18

normal operation of a vessel of the Armed Forces.19

‘‘(8)(A) At any time after the effective date of the20

regulations promulgated by the Secretary of Defense21

under paragraph (5), if any State determines that the pro-22

tection and enhancement of the quality of some or all of23

the waters within such State require greater environ-24

mental protection, such State may completely prohibit any25

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discharge incidental to the normal operation of a vessel,1

whether treated or not, into such waters. No such prohibi-2

tion shall apply until the Administrator determines that3

adequate facilities for the safe and sanitary removal of4

such discharge incidental to the normal operation of a ves-5

sel are reasonably available for the waters to which such6

prohibition would apply. Upon application of the State, the7

Administrator shall make such determination within 908

days of the date of such application.9

‘‘(B) If the Administrator determines upon applica-10

tion of a State that the protection and enhancement of11

the quality of specified waters within such State require12

such a prohibition, the Administrator shall by regulation13

completely prohibit the discharge from a vessel of such dis-14

charge incidental to the normal operation of a vessel into15

such waters.16

‘‘(C) To the extent prohibitions arising under this17

paragraph would apply to vessels of the Armed Forces and18

not to other types of vessels, the application submitted by19

the State shall discuss and document the technical or envi-20

ronmental basis for such distinction. No prohibition under21

this paragraph may be approved which would discriminate22

against vessels of the Armed Forces by reason of their23

ownership or operation by the Federal Government or24

their military function.25

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•S 1026 PCS

‘‘(D)(i) Laws and regulations establishing prohibi-1

tions under this paragraph shall not impose design, con-2

struction, manning, or equipment standards on foreign3

flagged vessels engaged in innocent passage unless giving4

effect to generally accepted international rules or stand-5

ards.6

‘‘(ii) Laws and regulations establishing prohibitions7

under this paragraph relating to the prevention, reduction,8

and control of pollution shall not apply to foreign flagged9

vessels engaged in transit passage unless giving effect to10

applicable international regulations regarding the dis-11

charge of oil, oily wastes, or other noxious substances.12

‘‘(9) The provisions of this subsection and the regula-13

tions issued hereunder shall be enforceable, as provided14

in subsections (j) and (k), against agencies of the United15

States responsible for vessels of the Armed Forces not-16

withstanding any immunity of such agency.’’.17

(b) COOPERATION IN STANDARDS DEVELOPMENT.—18

To assist the Administrator of the Environmental Protec-19

tion Agency and the Secretary of Defense in determining20

the nature and environmental effect of incidental dis-21

charges from vessels of the Armed Forces, the practicabil-22

ity of using marine pollution control devices in vessels of23

the Armed Forces, and the effect that installation or use24

of marine pollution control devices in vessels of the Armed25

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Forces would have on the operations or operational capa-1

bility of such vessels, and to assist the Administrator and2

the Secretary in setting performance standards for marine3

pollution control devices in vessels of the Armed Forces,4

the Administrator and the Secretary may, by agreement5

with the other, with or without reimbursement, utilize in-6

formation, reports, personnel, or other resources of the7

Environmental Protection Agency or the Department of8

Defense.9

(c) CONFORMING AMENDMENTS.—(1) Subsection10

312(a)(8) of the Federal Water Pollution Control Act (3311

U.S.C. 1322(a)(8)) is amended by striking out ‘‘or asso-12

ciation’’ and inserting in lieu thereof ‘‘association, or13

agency, department or instrumentality of the United14

States’’.15

(2) Section 502(6) of such Act (33 U.S.C. 1362(6))16

is amended by striking out ‘‘ ‘sewage from vessels’ ’’ and17

inserting in lieu thereof ‘‘sewage from vessels or dis-18

charges incidental to the normal operation of a vessel of19

the Armed Forces’’.20

SEC. 323. REVISION OF AUTHORITIES RELATING TO RES-21

TORATION ADVISORY BOARDS.22

(a) REGULATIONS.—Paragraph (2) of subsection (d)23

of section 2705 of title 10, United States Code, is amend-24

ed to read as follows:25

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‘‘(2)(A) The Secretary shall prescribe regulations re-1

garding the establishment of restoration advisory boards2

pursuant to this subsection.3

‘‘(B) The regulations shall set forth the following4

matters:5

‘‘(i) The functions of the boards.6

‘‘(ii) Funding for the boards.7

‘‘(iii) Accountability of the boards for expendi-8

tures of funds.9

‘‘(iv) The routine administrative expenses that10

may be paid pursuant to paragraph (3).11

‘‘(C) The issuance of regulations under subparagraph12

(A) shall not be a precondition to the establishment of res-13

toration advisory boards under this subsection.’’.14

(b) FUNDING FOR ADMINISTRATIVE EXPENSES.—15

Paragraph (3) of such subsection is amended to read as16

follows:17

‘‘(3) The Secretary may authorize the commander of18

an installation to pay routine administrative expenses of19

a restoration advisory board established for that installa-20

tion. Such payments shall be made from funds available21

under subsection (g).’’.22

(c) TECHNICAL ASSISTANCE.—Such section is fur-23

ther amended by striking out subsection (e) and inserting24

in lieu thereof the following new subsection (e):25

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‘‘(e) TECHNICAL ASSISTANCE.—(1) The Secretary1

may authorize the commander of an installation, upon the2

request of the technical review committee or restoration3

advisory board for the installation, to obtain for the com-4

mittee or advisory board, as the case may be, from private5

sector sources technical assistance for interpreting sci-6

entific and engineering issues with regard to the nature7

of environmental hazards at the installation and the res-8

toration activities proposed for or conducted at the instal-9

lation. The commander of an installation shall use funds10

made available under subsection (g) for obtaining assist-11

ance under this paragraph.12

‘‘(2) The commander of an installation may obtain13

technical assistance for a technical review committee or14

restoration advisory board under paragraph (1) with re-15

spect to an installation only if the Federal, State, and local16

agencies responsible for overseeing environmental restora-17

tion at the installation, the contractors carrying out envi-18

ronmental restoration at the installation, and available19

Department of Defense personnel do not have the tech-20

nical expertise necessary for achieving the objective for21

which the technical assistance is to be obtained.’’.22

(d) FUNDING.—(1) Such section is further amended23


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‘‘(g) FUNDING.—The Secretary shall, to the extent1

provided in appropriations Acts, make funds available2

under subsections (d)(3) and (e)(1) using funds in the fol-3

lowing accounts:4

‘‘(1) In the case of a military installation not5

approved for closure pursuant to a base closure law,6

the Defense Environmental Restoration Account es-7

tablished under section 2703(a) of this title.8

‘‘(2) In the case of an installation approved for9

closure pursuant to such a law, the Department of10

Defense Base Closure Account 1990 established11

under section 2906(a) of the Defense Base Closure12

and Realignment Act of 1990 (part A of title XXIX13

of Public Law 101–510; 10 U.S.C. 2687 note).’’.14

(2)(A) Subject to subparagraph (B), the total amount15

of funds made available under section 2705(g) of title 10,16

United States Code, as added by paragraph (1), for fiscal17

year 1996 may not exceed $4,000,000.18

(B) Amounts may not be made available under sub-19

section (g) of such section 2705 until the Secretary of De-20

fense prescribes the regulations required under subsection21

(d) of such section, as amended by subsection (a).22

(e) DEFINITION.—Such section is further amended23


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‘‘(h) DEFINITION.—In this section, the term ‘base1

closure law’ means the following:2

‘‘(1) Title II of the Defense Authorization3

Amendments and Base Closure and Realignment4

Act (Public Law 100–526; 10 U.S.C. 2687 note).5

‘‘(2) The Defense Base Closure and Realign-6

ment Act of 1990 (part A of title XXIX of Public7

Law 101–510; 10 U.S.C. 2687 note).8

‘‘(3) Section 2687 of this title.’’.9

(f) REPORTS ON ACTIVITIES OF TECHNICAL REVIEW10

COMMITTEES AND RESTORATION ADVISORY BOARDS.—11

Section 2706(a)(2) of title 10, United States Code, is12

amended by adding at the end the following:13

‘‘(J) A statement of the activities, if any, of the14

technical review committee or restoration advisory15

board established for the installation under section16

2705 of this title during the preceding fiscal year.’’.17

Subtitle D—Civilian Employees18

SEC. 331. MINIMUM NUMBER OF MILITARY RESERVE TECH-19

NICIANS.20

For each of fiscal years 1996 and 1997, the minimum21

number of personnel employed as military reserve techni-22

cians (as defined in section 8401(30) of title 5, United23

States Code) for reserve components as of the last day24

of such fiscal year shall be as follows:25

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•S 1026 PCS

(1) For the Army National Guard, 25,750.1

(2) For the Army Reserve, 7,000.2

(3) For the Air National Guard, 23,250.3

(4) For the Air Force Reserve, 10,000.4

SEC. 332. EXEMPTION OF DEPARTMENT OF DEFENSE FROM5

PERSONNEL CEILINGS FOR CIVILIAN PER-6

SONNEL.7

Section 129 of title 10, United States Code, is8

amended—9

(1) in subsection (a), by striking out ‘‘man-year10

constraint or limitation’’ and inserting in lieu there-11

of ‘‘constraint or limitation in terms of man years,12

end strength, full-time equivalent (FTE) employees,13

or maximum number of employees’’; and14

(2) in subsection (b)(2), by striking out ‘‘any15

end-strength’’ and inserting in lieu thereof ‘‘any con-16

straint or limitation in terms of man years, end17

strength, full-time equivalent (FTE) employees, or18

maximum number of employees’’.19

SEC. 333. WEARING OF UNIFORM BY NATIONAL GUARD20

TECHNICIANS.21

(a) REQUIREMENT.—Section 709(b) of title 32, Unit-22

ed States Code, is amended to read as follows:23

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‘‘(b) Except as prescribed by the Secretary concerned,1

a technician employed under subsection (a) shall, while so2

employed—3

‘‘(1) be a member of the National Guard;4

‘‘(2) hold the military grade specified by the5

Secretary concerned for that position; and6

‘‘(3) wear the uniform appropriate for the mem-7

ber’s grade and component of the armed forces while8

performing duties as a technician.’’.9

(b) UNIFORM ALLOWANCES FOR OFFICERS.—Section10

417 of title 37, United States Code, is amended by adding11

at the end the following:12

‘‘(d)(1) For purposes of sections 415 and 416 of this13

title, a period for which an officer of an armed force, while14

employed as a National Guard technician, is required to15

wear a uniform under section 709(b) of title 32 shall be16

treated as a period of active duty (other than for training).17

‘‘(2) A uniform allowance may not be paid, and uni-18

forms may not be furnished, to an officer under section19

1593 of title 10 or section 5901 of title 5 for a period20

of employment referred to in paragraph (1) for which an21

officer is paid a uniform allowance under section 415 or22

416 of this title.’’.23

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(c) CLOTHING OR ALLOWANCES FOR ENLISTED1

MEMBERS.—Section 418 of title 37, United States Code,2

is amended—3

(1) by inserting ‘‘(a)’’ before ‘‘The President’’;4

and5


‘‘(b) In determining the quantity and kind of clothing7

or allowances to be furnished pursuant to regulations pre-8

scribed under this section to persons employed as National9

Guard technicians under section 709 of title 32, the Presi-10

dent shall take into account the requirement under sub-11

section (b) of such section for such persons to wear a uni-12

form.13

‘‘(c) A uniform allowance may not be paid, and uni-14

forms may not be furnished, under section 1593 of title15

10 or section 5901 of title 5 to a person referred to in16

subsection (b) for a period of employment referred to in17

that subsection for which a uniform allowance is paid18

under section 415 or 416 of this title.’’.19

SEC. 334. EXTENSION OF TEMPORARY AUTHORITY TO PAY20

CIVILIAN EMPLOYEES WITH RESPECT TO THE21

EVACUATION FROM GUANTANAMO, CUBA.22

(a) EXTENSION FOR 120 Days.—The authority pro-23

vided in section 103 of Public Law 104–6 (109 Stat.79)24

shall be effective until the end of January 31, 1996.25

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•S 1026 PCS

(b) MONTHLY REPORT.—On the first day of each1

month, the Secretary of the Navy shall transmit to the2



tives a report regarding the employees being paid pursu-5

ant to section 103 of Public Law 104–6. The report shall6

include the number of the employees, their positions of7

employment, the number and location of the employees’8

dependents, and the actions that the Secretary is taking9

to eliminate the conditions making the payments nec-10

essary.11

SEC. 335. SHARING OF PERSONNEL OF DEPARTMENT OF12

DEFENSE DOMESTIC DEPENDENT SCHOOLS13

AND DEFENSE DEPENDENTS’ EDUCATION14

SYSTEM.15

Section 2164(e) of title 10, United States Code, is16


‘‘(4)(A) The Secretary may, without regard to the18

provisions of any law relating to the number, classifica-19

tion, or compensation of employees—20

‘‘(i) transfer civilian employees in schools estab-21

lished under this section to schools in the defense22

dependents’ education system in order to provide the23

services referred to in subparagraph (B) to such sys-24

tem; and25

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‘‘(ii) transfer employees in such system to such1

schools in order to provide such services to such2

schools.3

‘‘(B) The services referred to in subparagraph (A)4

are the following:5

‘‘(i) Administrative services.6

‘‘(ii) Logistical services.7

‘‘(iii) Personnel services.8

‘‘(iv) Such other services as the Secretary con-9

siders appropriate.10

‘‘(C) Transfers under this paragraph shall extend for11

such periods as the Secretary considers appropriate. The12

Secretary shall provide appropriate compensation for em-13

ployees so transferred.14

‘‘(D) The Secretary may provide that the transfer of15

any employee under this paragraph occur without reim-16

bursement of the school or system concerned.17

‘‘(E) In this paragraph, the term ‘defense depend-18

ents’ education system’ means the program established19

and operated under section 1402(a) of the Defense De-20

pendents’ Education Act of 1978 (20 U.S.C. 921(a)).’’.21

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SEC. 336. REVISION OF AUTHORITY FOR APPOINTMENTS1

OF INVOLUNTARILY SEPARATED MILITARY2

RESERVE TECHNICIANS.3

(a) REVISION OF AUTHORITY.—Section 3329 of title4

5, United States Code, as added by section 544 of the5

National Defense Authorization Act for Fiscal Year 19936

(Public Law 102–484; 106 Stat. 2415), is amended—7

(1) in subsection (b), by striking out ‘‘be of-8

fered’’ and inserting in lieu thereof ‘‘be provided9

placement consideration in a position described in10

subsection (c) through a priority placement program11

of the Department of Defense’’; and12

(2) by striking out subsection (c) and inserting13

in lieu thereof the following new subsection (c):14

‘‘(c)(1) The position to be offered a former military15

technician under subsection (b) shall be a position—16

‘‘(A) in either the competitive service or the ex-17

cepted service;18

‘‘(B) within the Department of Defense; and19

‘‘(C) in which the person is qualified to serve,20

taking into consideration whether the employee in21

that position is required to be a member of a reserve22

component of the armed forces as a condition of em-23

ployment.24

‘‘(2) To the maximum extent practicable, the position25

shall also be in a pay grade or other pay classification26

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sufficient to ensure that the rate of basic pay of the former1

military technician, upon appointment to the position, is2

not less than the rate of basic pay last received by the3

former military technician for technician service before4

separation.’’.5

(b) TECHNICAL AND CLERICAL AMENDMENTS.—(1)6

The section 3329 of title 5, United States Code, that was7

added by section 4431 of the National Defense Authoriza-8


Stat. 2719) is redesignated as section 3330 of such title.10


33 of such title is amended by striking out the item relat-12

ing to section 3329, as added by section 4431(b) of such13

Act (106 Stat. 2720), and inserting in lieu thereof the14

following new item:15

‘‘3330. Government-wide list of vacant positions.’’.

SEC. 337. COST OF CONTINUING HEALTH INSURANCE COV-16

ERAGE FOR EMPLOYEES VOLUNTARILY SEP-17

ARATED FROM POSITIONS TO BE ELIMI-18

NATED IN A REDUCTION IN FORCE.19

Section 8905a(d)(4) of title 5, United States Code,20

is amended—21

(1) in subparagraph (A)—22

(A) by striking out ‘‘from a position’’ and23

inserting in lieu thereof ‘‘or voluntary separa-24

tion from a surplus position’’; and25

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(B) by striking out ‘‘force—’’ and insert-1

ing in lieu thereof ‘‘force or a closure or re-2

alignment of a military installation pursuant to3

a base closure law—’’; and4

(2) by adding at the end the following new sub-5

paragraph:6

‘‘(C) In this paragraph:7

‘‘(i) The term ‘surplus position’ means a posi-8

tion that, as determined under regulations pre-9

scribed by the Secretary of Defense, is identified10

during planning for a reduction in force as being no11

longer required and is designated for elimination12

during the reduction in force.13

‘‘(ii) The term ‘base closure law’ means the fol-14

lowing:15

‘‘(I) Section 2687 of title 10.16

‘‘(II) Title II of the Defense Authorization17

Amendments and Base Closure and Realign-18

ment Act (Public Law 100–526; 10 U.S.C.19

2687 note).20

‘‘(III) The Defense Base Closure and Re-21

alignment Act of 1990 (part A of title XXIX of22

Public Law 101–510; 10 U.S.C. 2687 note).23

‘‘(iii) The term ‘military installation’—24

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•S 1026 PCS

‘‘(I) in the case of an installation covered1

by section 2687 of title 10, has the meaning2

given such term in subsection (e)(1) of such3

section;4

‘‘(II) in the case of an installation covered5

by the Act referred to in subclause (II) of6

clause (ii), has the meaning given such term in7

section 209(6) of such Act;8

‘‘(III) in the case of an installation covered9

by the Act referred to in subclause (III) of that10

clause, has the meaning given such term in sec-11

tion 2910(4) of such Act.’’.12

SEC. 338. ELIMINATION OF 120-DAY LIMITATION ON DE-13

TAILS OF CERTAIN EMPLOYEES.14

Subsection (b) of section 3341 of title 5, United15

States Code, is amended—16

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and17


‘‘(2) Details of employees of the Department of De-19

fense under subsection (a) of this section may be made20

only by written order of the Secretary of the military de-21

partment concerned (or by the Secretary of Defense, in22

the case of an employee of the Department of Defense who23

is not an employee of a military department) or a designee24

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of the Secretary. Paragraph (1) does not apply to the De-1

partment of Defense.’’.2

SEC. 339. REPEAL OF REQUIREMENT FOR PART-TIME CA-3

REER OPPORTUNITY EMPLOYMENT RE-4

PORTS.5



‘‘(c) This section does not apply to the Department8

of Defense.’’.9

SEC. 340. AUTHORITY OF CIVILIAN EMPLOYEES OF DE-10

PARTMENT OF DEFENSE TO PARTICIPATE11

VOLUNTARILY IN REDUCTIONS IN FORCE.12



‘‘(f)(1) The Secretary of Defense or the Secretary of15

a military department may—16

‘‘(A) release in a reduction in force an employee17

who volunteers for the release even though the em-18

ployee is not otherwise subject to release in the re-19

duction in force under the criteria applicable under20

the other provisions of this section; and21

‘‘(B) for each employee voluntarily released in22

the reduction in force under subparagraph (A), re-23

tain an employee who would otherwise be released in24

the reduction in force under such criteria.25

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‘‘(2) A voluntary release of an employee in a reduc-1

tion in force pursuant to paragraph (1) shall be treated2

as an involuntary release in the reduction in force.3

‘‘(3) The regulations prescribed under this section4

shall incorporate the authority provided in this subsection.5

‘‘(4) The authority under paragraph (1) may not be6

exercised after September 30, 1996.’’.7

SEC. 341. AUTHORITY TO PAY SEVERANCE PAYMENTS IN8

LUMP SUMS.9



‘‘(i)(1) In the case of an employee of the Department12

of Defense who is entitled to severance pay under this sec-13

tion, the Secretary of Defense or the Secretary of the mili-14

tary department concerned may, upon application by the15

employee, pay the total amount of the severance pay to16

the employee in one lump sum.17

‘‘(2)(A) If an employee paid severance pay in a lump18

sum under this subsection is reemployed by the Govern-19

ment of the United States or the government of the Dis-20

trict of Columbia at such time that, had the employee been21

paid severance pay in regular pay periods under subsection22

(b), the payments of such pay would have been discon-23

tinued under subsection (d) upon such reemployment, the24

employee shall refund to the Department of Defense (for25

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the military department that formerly employed the em-1

ployee, if applicable) an amount equal to the amount of2

severance pay to which the employee was entitled under3

this section that would not have been paid to the employee4

under subsection (d) by reason of such reemployment.5

‘‘(B) The period of service represented by an amount6

of severance pay refunded by an employee under subpara-7

graph (A) shall be considered service for which severance8

pay has not been received by the employee under this sec-9

tion.10

‘‘(C) Amounts refunded to an agency under this para-11

graph shall be credited to the appropriation available for12

the pay of employees of the agency for the fiscal year in13

which received. Amounts so credited shall be merged with,14

and shall be available for the same purposes and the same15

period as, the other funds in that appropriation.16

‘‘(3) This subsection applies with respect to severance17

payable under this section for separations taking effect on18

or after the date of the enactment of the National Defense19

Authorization Act for Fiscal Year 1996 and before Octo-20

ber 1, 1999.’’.21

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SEC. 342. HOLIDAYS FOR EMPLOYEES WHOSE BASIC WORK-1

WEEK IS OTHER THAN MONDAY THROUGH2

FRIDAY.3

Section 6103(b) of title 5, United States Code, is4

amended—5

(1) in paragraph (2), by striking out ‘‘Instead’’6

and inserting in lieu thereof ‘‘Except as provided in7

paragraph (3), instead’’; and8


‘‘(3)(A) In the case of an employee of a military10

department or any other employee of the Depart-11

ment of Defense, subject to the discretion of the12

Secretary concerned, instead of a holiday that occurs13

on a regular weekly non-workday of an employee14

whose basic workweek is other than Monday through15

Friday, the legal holiday for the employee is—16

‘‘(i) the workday of the employee imme-17

diately before the regular weekly non-workday;18

or19

‘‘(ii) if the holiday occurs on a regular20

weekly non-workday administratively scheduled21

for the employee instead of Sunday, the next22

immediately following workday of the employee.23

‘‘(B) For purposes of subparagraph (A), the24

term ‘Secretary concerned’ has the meaning given25

that term in subparagraphs (A), (B), and (C) of sec-26

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tion 101(a)(9) of title 10 and includes the Secretary1

of Defense with respect to an employee of the De-2

partment of Defense who is not an employee of a3

military department.’’.4

SEC. 343. COVERAGE OF NONAPPROPRIATED FUND EM-5

PLOYEES UNDER AUTHORITY FOR FLEXIBLE6

AND COMPRESSED WORK SCHEDULES.7

Paragraph (2) of section 6121 of title 5, United8

States Code, is amended to read as follows:9

‘‘(2) ‘employee’ has the meaning given the term10

in subsection (a) of section 2105 of this title, except11

that such term also includes an employee described12

in subsection (c) of that section;’’.13

Subtitle E—Defense Financial14

Management15

SEC. 351. FINANCIAL MANAGEMENT TRAINING.16

(a) LIMITATION.—Funds authorized by this Act to17

be appropriated for the Department of Defense may not18

be obligated for a capital lease for the establishment of19

a Department of Defense financial management training20

center before the date that is 90 days after the date on21

which the Secretary of Defense submits, in accordance22

with subsection (b), a certification of the need for such23

a center and a report on financial management training24

for Department of Defense personnel.25

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•S 1026 PCS

(b) CERTIFICATION AND REPORT.—(1) Before obli-1

gating funds for a Department of Defense financial man-2

agement training center, the Secretary of Defense shall—3

(A) certify to the Committee on Armed Services4

of the Senate and the Committee on National Secu-5

rity of the House of Representatives the need for6

such a center; and7

(B) submit to such committees, with the certifi-8

cation, a report on financial management training9

for Department of Defense personnel.10

(2) Any report under paragraph (1) shall contain the11

following:12

(A) The Secretary’s analysis of the require-13

ments for providing financial management training14

for employees of the Department of Defense.15

(B) The alternatives considered by the Sec-16

retary for meeting those requirements.17

(C) A detailed plan for meeting those require-18

ments.19

(D) A financial analysis of the estimated short-20

term and long-term costs of carrying out the plan.21

(E) If, after the analysis referred to in subpara-22

graph (A) and after considering alternatives as de-23

scribed in subparagraph (B), the Secretary deter-24

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mines to meet the requirements through a financial1

management training center—2

(i) the determination of the Secretary re-3

garding the location for the university; and4

(ii) a description of the process used by the5

Secretary for selecting that location.6

SEC. 352. LIMITATION ON OPENING OF NEW CENTERS FOR7

DEFENSE FINANCE AND ACCOUNTING SERV-8

ICE.9

(a) LIMITATION.—During fiscal year 1996, the Sec-10

retary of Defense may not establish any center for the De-11

fense Finance and Accounting Service that is not operat-12

ing on the date of the enactment of this Act.13

(b) EXCEPTION.—If the Secretary submits to Con-14

gress not later than March 31, 1996, a report containing15

a discussion of the need for establishing a new center pro-16

hibited by subsection (a), the prohibition in such sub-17

section shall not apply to the center effective 30 days after18

the date on which Congress receives the report.19

(c) REEXAMINATION OF NEED REQUIRED.—Before20

submitting a report regarding a new center that the Sec-21

retary planned before the date of the enactment of this22

Act to establish on or after that date, the Secretary shall23

reconsider the need for establishing that center.24

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Subtitle F—Miscellaneous1

Assistance2

SEC. 361. DEPARTMENT OF DEFENSE FUNDING FOR NA-3

TIONAL GUARD PARTICIPATION IN JOINT4

DISASTER AND EMERGENCY ASSISTANCE EX-5

ERCISES.6

Section 503(a) of title 32, United States Code, is7

amended—8

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and9


‘‘(2) Paragraph (1) includes authority to provide for11

participation of the National Guard in conjunction with12

the Army or the Air Force, or both, in joint exercises for13

instruction to prepare the National Guard for response to14

civil emergencies and disasters.’’.15

SEC. 362. OFFICE OF CIVIL-MILITARY PROGRAMS.16

None of the funds authorized to be appropriated by17

this or any other Act may be obligated or expended for18

the Office of Civil-Military Programs within the Office of19

the Assistant Secretary of Defense for Reserve Affairs.20

SEC. 363. REVISION OF AUTHORITY FOR CIVIL-MILITARY21

COOPERATIVE ACTION PROGRAM.22

(a) RESERVE COMPONENTS TO BE USED FOR COOP-23

ERATIVE ACTION.—Section 410 of title 10, United States24

Code, is amended in the second sentence of subsection (a)25

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•S 1026 PCS

by inserting ‘‘of the reserve components’’ after ‘‘re-1

sources’’.2

(b) PROGRAM OBJECTIVES.—Subsection (b) of such3

section is amended by striking out paragraphs (1), (2),4

(3), (4), (5), and (6) and inserting in lieu thereof the fol-5

lowing:6

‘‘(1) To enhance individual and unit training7

and morale in the armed forces.8

‘‘(2) To encourage cooperation between civilian9

and military sectors of society.’’.10

(c) ADVISORY COUNCILS.—Subsection (c) of such11

section is amended—12

(1) in paragraph (1)—13

(A) by striking out ‘‘regional, State, and14

local levels’’ and inserting in lieu thereof ‘‘State15

and local levels’’; and16

(B) by striking out ‘‘regional, State, and17

local conditions’’ and inserting in lieu thereof18

‘‘State and local conditions’’; and19

(2) in paragraph (2), by striking out ‘‘rep-20

resentatives of appropriate local, State, and Federal21

agencies, representatives of civic and social service22

organizations, business representatives, and labor23

representatives’’ and inserting in lieu thereof ‘‘rep-24

resentatives of appropriate local and State agencies,25

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•S 1026 PCS

representatives of civic and social service organiza-1

tions, and business representatives’’.2

(d) REGULATIONS.—Subsection (d) of such section is3

amended by striking out paragraphs (5) and (6) and in-4

serting in lieu thereof the following:5

‘‘(5) Procedures to ensure that Department of6

Defense resources are not applied exclusively to the7

program.8

‘‘(6) A requirement that a commander of a unit9

of the armed forces involved in providing assistance10

certify that the assistance is consistent with the mili-11

tary missions of the unit.’’.12

SEC. 364. OFFICE OF HUMANITARIAN AND REFUGEE AF-13

FAIRS.14

None of the funds authorized to be appropriated by15

this or any other Act may be obligated or expended for16

the Office of Humanitarian and Refugee Affairs within the17

Office of the Assistant Secretary of Defense for Special18

Operations and Low Intensity Conflict.19

Subtitle G—Operation of Morale,20

Welfare, and Recreation Activities21

SEC. 371. DISPOSITION OF EXCESS MORALE, WELFARE,22

AND RECREATION FUNDS.23


amended—25

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(1) in the first sentence, by striking out ‘‘a1

military department’’ and inserting in lieu thereof2

‘‘an armed force’’;3

(2) in the second sentence—4

(A) by striking out ‘‘, department-wide’’;5

and6

(B) by striking out ‘‘of the military depart-7

ment’’ and inserting in lieu thereof ‘‘for that8

armed force’’; and9

(3) by adding at the end the following: ‘‘This10

section does not apply to the Coast Guard.’’.11

SEC. 372. ELIMINATION OF CERTAIN RESTRICTIONS ON12

PURCHASES AND SALES OF ITEMS BY EX-13

CHANGE STORES AND OTHER MORALE, WEL-14

FARE, AND RECREATION FACILITIES.15

(a) RESTRICTIONS ELIMINATED.—(1) Subchapter II16

of chapter 134 of title 10, United States Code, is amended17

by adding at the end the following new section:18

‘‘§ 2255. Military exchange stores and other morale,19

welfare, and recreation facilities: sale of20

items21

‘‘(a) AUTHORITY.—The MWR retail facilities may22

sell items in accordance with regulations prescribed by the23

Secretary of Defense.24

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•S 1026 PCS

‘‘(b) CERTAIN RESTRICTIONS PROHIBITED.—The1

regulations may not include any of the following restric-2

tions on the sale of items:3

‘‘(1) A restriction on the prices of items offered4

for sale, including any requirement to establish5

prices on the basis of a specific relationship between6

the prices charged for the merchandise and the cost7

of the merchandise to the MWR retail facilities con-8

cerned.9

‘‘(2) A restriction on price of purchase of an10

item.11

‘‘(3) A restriction on the categories of items12

that may be offered for sale.13

‘‘(4) A restriction on the size of items that may14

be offered for sale.15

‘‘(5) A restriction on the basis of—16

‘‘(A) whether the item was manufactured,17

produced, or mined in the United States; or18

‘‘(B) the extent to which the merchandise19

contains components or materials manufac-20

tured, produced, or mined in the United States.21

‘‘(c) MWR RETAIL FACILITY DEFINED.—In this sec-22

tion, the term ‘MWR retail facilities’ means exchange23

stores and other revenue generating facilities operated by24

nonappropriated fund activities of the Department of De-25

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•S 1026 PCS

fense for the morale, welfare, and recreation of members1

of the armed forces.’’.2


chapter II of chapter 134 of such title is amended by add-4

ing at the end the following:5

‘‘2255. Military exchange stores and other morale, welfare, and recreation facili-

ties: sale of items.’’.

(b) REPORT.—Not later than June 1, 1996, the Sec-6

retary of Defense shall submit to the Committee on Armed7

Services of the Senate and the Committee on National Se-8

curity of the House of Representatives a report that iden-9

tifies each restriction in effect immediately before the date10

of the enactment of this Act that is terminated or made11

inapplicable by section 2255 of title 10, United States12

Code (as added by subsection (a)), to exchange stores and13

other revenue generating facilities operated by14



of the Armed Forces.17

SEC. 373. REPEAL OF REQUIREMENT TO CONVERT SHIPS’18

STORES TO NONAPPROPRIATED FUND IN-19

STRUMENTALITIES.20

(a) REPEAL.—Section 371 of the National Defense21

Authorization Act for Fiscal Year 1994 (Public Law 103–22

160; 107 Stat. 1634; 10 U.S.C. 7604 note) is amended23

by striking out subsections (a), (b), and (d).24

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•S 1026 PCS

(b) REPEAL OF RELATED CODIFIED PROVISIONS.—1

Section 7604 of title 10, United States Code, is amend-2

ed—3

(1) in subsection (a), by striking out ‘‘(a) IN4

GENERAL.—’’; and5

(2) by striking out subsections (b) and (c).6

Subtitle H—Other Matters7

SEC. 381. NATIONAL DEFENSE SEALIFT FUND: AVAILABIL-8

ITY FOR READY RESERVE COMPONENT OF9

THE READY RESERVE FLEET.10

Section 2218 of title 10, United States Code is11

amended—12

(1) in subsection (c)(1)—13

(A) by striking out ‘‘and’’ at the end of14

subparagraph (C);15

(B) by striking out the period at the end16

of subparagraph (D) and inserting in lieu there-17

of ‘‘; and’’; and18

(C) by adding at the end the following:19

‘‘(E) expenses of the Ready Reserve com-20

ponent of the National Defense Reserve Fleet,21

as established by section 11 of the Merchant22

Ship Sales Act of 1946 (50 U.S.C. App.23

1744).’’; and24

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•S 1026 PCS

(2) in subsection (i), by striking out ‘‘Nothing’’1

and inserting in lieu thereof ‘‘Except as provided in2

subsection (c)(1)(E), nothing’’.3

SEC. 382. LIMITATION ON CONTRACTING WITH SAME CON-4

TRACTOR FOR CONSTRUCTION OF ADDI-5

TIONAL NEW SEALIFT SHIPS.6

The Secretary of the Navy may not enter into a con-7

tract, or exercise a contract option, for the construction8

of any additional sealift ship by a contractor unless the9

Secretary of Navy has submitted to Congress, at least 6010

days before entering into the contract or exercising the11

option, one of the following certifications:12

(1) A certification—13

(A) that—14

(i) no sealift ship being procured from15

that contractor under an existing contract16

is estimated by the Secretary (as of the17

date of the certification) to cost more than18

the maximum price originally established19

for the ship under the existing contract; or20

(ii) if the estimated cost does exceed21

that maximum price, the contractor is able22

to complete construction of all ships being23

procured under all existing contracts be-24

tween the contractor and the Government25

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•S 1026 PCS

without any financial assistance from the1

Government; and2

(B) that the contractor does not have any3

claim pending against the Government for any4

sealift ship contracted for under the existing5

contract referred to in subparagraph (A)(i)6

that, if approved by the Government, would in-7

crease the maximum price established for such8

ship under the existing contract.9

(2) A certification that the contractor is finan-10

cially capable of constructing the additional sealift11

ship involved without direct or indirect financial as-12

sistance from the Government.13

SEC. 383. AVAILABILITY OF RECOVERED LOSSES RESULT-14

ING FROM CONTRACTOR FRAUD.15

(a) DEPARTMENT OF DEFENSE TO RECEIVE 3 PER-16

CENT.—Subchapter I of chapter 134 of title 10, United17

States Code, is amended by adding at the end the follow-18

ing new section:19

‘‘§ 2250. Recoveries of losses and expenses resulting20

from contractor fraud21

‘‘(a) RETENTION OF PART OF RECOVERY.—(1) Not-22

withstanding any other provision of law, a portion of the23

amount recovered by the Government in a fiscal year for24

losses and expenses incurred by the Department of De-25

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•S 1026 PCS

fense as a result of contractor fraud at military installa-1

tions shall be credited to appropriations accounts of the2

Department of Defense for that fiscal year in accordance3

with allocations made pursuant to subsection (b).4

‘‘(2) The total amount credited to appropriations ac-5

counts for a fiscal year pursuant to paragraph (1) shall6

be the lesser of—7

‘‘(A) the amount equal to three percent of the8

amount referred to in such paragraph that is recov-9

ered in that fiscal year; or10

‘‘(B) $500,000.11

‘‘(b) ALLOCATION OF RECOVERED FUNDS.—The12

Secretary of Defense shall allocate amounts recovered in13

a contractor fraud case through the Secretary of the mili-14

tary department concerned to each installation that in-15

curred a loss or expense as a result of the fraud.16

‘‘(c) USE BY MILITARY DEPARTMENTS.—The Sec-17

retary of a military department receiving an allocation18

under subsection (b) in a fiscal year with respect to a con-19

tractor fraud case—20

‘‘(1) shall credit (for use by each installation21

concerned) the amount equal to the costs incurred22

by the military department in carrying out or sup-23

porting an investigation or litigation of the contrac-24

tor fraud case to appropriations accounts of the de-25

118

•S 1026 PCS

partment for such fiscal year that are used for pay-1

ing the costs of carrying out or supporting investiga-2

tions or litigation of contractor fraud cases; and3

‘‘(2) may credit to any appropriation account of4

the department for that fiscal year (for use by each5

installation concerned) the amount, if any, that ex-6

ceeds the amount credited to appropriations ac-7

counts under paragraph (1).8

‘‘(d) RECOVERIES INCLUDED.—(1) Subject to para-9

graph (2)(B), subsection (a) applies to amounts recovered10

in civil or administrative actions (including settlements)11

as actual damages, restitution, and investigative costs.12

‘‘(2) Subsection (a) does not apply to—13

‘‘(A) criminal fines, forfeitures, civil penalties,14

and damages in excess of actual damages; or15

‘‘(B) recoveries of losses or expenses incurred16

by working-capital funds managed through the De-17

fense Business Operations Fund.’’.18


at the beginning of subchapter I of such chapter is amend-20

ed by adding at the end the following:21

‘‘2248. Recoveries of losses and expenses resulting from contractor fraud.’’.

119

•S 1026 PCS

SEC. 384. PERMANENT AUTHORITY FOR USE OF PROCEEDS1

FROM THE SALE OF CERTAIN LOST, ABAN-2

DONED, OR UNCLAIMED PROPERTY.3

(a) PERMANENT AUTHORITY.—Section 2575 of title4

10 is amended—5

(1) by striking out subsection (b) and inserting6

in lieu thereof the following:7

‘‘(b)(1) In the case of property found on a military8

installation, the proceeds from the sale of the property9

under this section shall be credited to the operation and10

maintenance account of that installation and used—11

‘‘(A) to reimburse the installation for any costs12

incurred by the installation to collect, transport,13

store, protect, or sell the property; and14

‘‘(B) if all such costs are reimbursed, to sup-15

port morale, welfare, and recreation activities under16

the jurisdiction of the armed forces conducted for17

the comfort, pleasure, contentment, or physical or18

mental improvement of members of the armed forces19

at that installation.20

‘‘(2) The net proceeds from the sale of other property21

under this section shall be covered into the Treasury as22

miscellaneous receipts.’’; and23


‘‘(d)(1) The owner (or heirs, next of kin, or legal rep-25

resentative of the owner) of personal property the proceeds26

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•S 1026 PCS

of which are credited to a military installation under sub-1

section (b)(1) may file a claim with the Secretary of De-2

fense for the amount equal to the proceeds (less costs re-3

ferred to in subparagraph (A) of such subsection).4

Amounts to pay the claim shall be drawn from the morale,5

welfare, and recreation account for the installation that6

received the proceeds.7

‘‘(2) The owner (or heirs, next of kin, or legal rep-8

resentative of the owner) may file a claim with the General9

Accounting Office for proceeds covered into the Treasury10

under subsection (b)(2).11

‘‘(3) Unless a claim is filed under this subsection12

within 5 years after the date of the disposal of the prop-13

erty to which the claim relates, the claim may not be con-14

sidered by a court, the Secretary of Defense (in the case15

of a claim filed under paragraph (1)), or the General Ac-16

counting Office (in the case of a claim filed under para-17

graph (2)).’’.18

(b) REPEAL OF AUTHORITY FOR DEMONSTRATION19

PROGRAM.—Section 343 of the National Defense Author-20

ization Act for Fiscal Years 1992 and 1993 (Public Law21

102–190; 105 Stat. 1343) is repealed.22

121

•S 1026 PCS

SEC. 385. SALE OF MILITARY CLOTHING AND SUBSISTENCE1

AND OTHER SUPPLIES OF THE NAVY AND MA-2

RINE CORPS.3

(a) IN GENERAL.—Chapter 651 of title 10, United4


ing new section:6

‘‘§ 7606. Subsistence and other supplies: members of7

armed forces; veterans; executive or mili-8

tary departments and employees; prices9

‘‘(a) The Secretary of the Navy shall procure and sell,10

for cash or credit—11

‘‘(1) articles designated by the Secretary to12

members of the Navy and Marine Corps; and13

‘‘(2) items of individual clothing and equipment14

to members of the Navy and Marine Corps, under15

such restrictions as the Secretary may prescribe.16

An account of sales on credit shall be kept and the amount17

due reported to the Secretary. Except for articles and18

items acquired through the use of working capital funds19

under section 2208 of this title, sales of articles shall be20

at cost, and sales of individual clothing and equipment21

shall be at average current prices, including overhead, as22

determined by the Secretary.23

‘‘(b) The Secretary shall sell subsistence supplies to24

members of other armed forces at the prices at which like25

122

•S 1026 PCS

property is sold to members of the Navy and Marine1

Corps.2

‘‘(c) The Secretary may sell serviceable supplies,3

other than subsistence supplies, to members of other4

armed forces for the buyers’ use in the service. The prices5

at which the supplies are sold shall be the same prices6

at which like property is sold to members of the Navy and7

Marine Corps.8

‘‘(d) A person who has been discharged honorably or9

under honorable conditions from the Army, Navy, Air10

Force or Marine Corps and who is receiving care and med-11

ical treatment from the Public Health Service or the De-12

partment of Veterans Affairs may buy subsistence supplies13

and other supplies, except articles of uniform, at the prices14

at which like property is sold to members of the Navy and15

Marine Corps.16

‘‘(e) Under such conditions as the Secretary may pre-17

scribe, exterior articles of uniform may be sold to a person18

who has been discharged from the Navy or Marine Corps19

honorably or under honorable conditions, at the prices at20

which like articles are sold to members of the Navy or21

Marine Corps. This subsection does not modify sections22

772 or 773 of this title.23

‘‘(f) Payment for subsistence supplies sold under this24

section shall be made in cash.25

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•S 1026 PCS

‘‘(g)(1) The Secretary may provide for the procure-1

ment and sale of stores designated by the Secretary to2

such civilian officers and employees of the United States,3

and such other persons, as the Secretary considers prop-4

er—5

‘‘(A) at military installations outside the United6

States; and7

‘‘(B) subject to paragraph (2), at military in-8

stallations inside the United States where the Sec-9

retary determines that it is impracticable for those10

civilian officers, employees, and persons to obtain11

such stores from commercial enterprises without im-12

pairing the efficient operation of military activities.13

‘‘(2) Sales to civilian officers and employees inside14

the United States may be made under paragraph (1) only15

to those residing within military installations.16

‘‘(h) Appropriations for subsistence of the Navy or17

Marine Corps may be applied to the purchase of subsist-18

ence supplies for sale to members of the Navy and Marine19

Corps on active duty for the use of themselves and their20

families.’’.21




‘‘7606. Subsistence and other supplies: members of armed forces; veterans; exec-

utive or military departments and employees; prices.’’.

124

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SEC. 386. CONVERSION OF CIVILIAN MARKSMANSHIP PRO-1

GRAM TO NONAPPROPRIATED FUND INSTRU-2

MENTALITY AND ACTIVITIES UNDER PRO-3

GRAM.4

(a) CONVERSION.—Section 4307 of title 10, United5


‘‘§ 4307. Promotion of rifle practice and firearms safe-7

ty: administration8

‘‘(a) NONAPPROPRIATED FUND INSTRUMENTAL-9

ITY.—On and after October 1, 1995, the Civilian Marks-10

manship Program shall be operated as a nonappropriated11

fund instrumentality of the United States within the De-12

partment of Defense for the benefit of members of the13

armed forces and for the promotion of rifle practice and14

firearms safety among civilians.15

‘‘(b) ADVISORY COMMITTEE.—(1) The Civilian16

Marksmanship Program shall be under the general super-17

vision of an Advisory Committee for the Promotion of18

Rifle Practice and Firearms Safety, which shall replace19

the National Board for the Promotion of Rifle Practice.20

The Advisory Committee shall be appointed by the Sec-21

retary of the Army.22

‘‘(2) Members of the Advisory Committee shall serve23

without compensation, except that members shall be al-24

lowed travel expenses, including per diem in lieu of sub-25

sistence, at rates authorized for employees of agencies26

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•S 1026 PCS

under subchapter I of chapter 57 of title 5, while away1

from their homes or regular places of business in the per-2

formance of Advisory Committee services.3

‘‘(c) DIRECTOR.—The Secretary of the Army shall4

appoint a person to serve as Director of the Civilian5

Marksmanship Program.6

‘‘(d) FUNDING.—(1) The Advisory Committee and7

the Director may solicit, accept, hold, use, and dispose of,8

in furtherance of the activities of the Civilian Marksman-9

ship Program, donations of money, property, and services10

received by gift, devise, bequest, or otherwise. Donations11

may be accepted notwithstanding any legal restrictions12

otherwise arising from procurement relationships of the13

donors with the United States.14

‘‘(2) All amounts collected under the Civilian Marks-15

manship Program, including the proceeds from the sale16

of arms, ammunition, targets, and other supplies and ap-17

pliances under section 4308 of this title, shall be credited18

to the Civilian Marksmanship Program and shall be avail-19

able to carry out the Civilian Marksmanship Program.20

Amounts collected by, and available to, the National21

Board for the Promotion of Rifle Practice before the date22

of the enactment of this section from sales programs and23

from fees in connection with competitions sponsored by24

that Board shall be transferred to the nonappropriated25

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•S 1026 PCS

funds account established for the Civilian Marksmanship1

Program and shall be available to carry out the Civilian2

Marksmanship Program.3

‘‘(3) Funds held on behalf of the Civilian Marksman-4

ship Program shall not be construed to be Government5

or public funds or appropriated funds and shall not be6

available to support other nonappropriated fund instru-7

mentalities of the Department of Defense. Expenditures8

on behalf of the Civilian Marksmanship Program, includ-9

ing compensation and benefits for civilian employees, may10

not exceed $5,000,000 during any fiscal year. The ap-11

proval of the Advisory Committee shall be required for any12

expenditure in excess of $50,000. Notwithstanding any13

other provision of law, funds held on behalf of the Civilian14

Marksmanship Program shall remain available until ex-15

pended.16

‘‘(e) INAPPLICABILITY OF ADVISORY COMMITTEE17

ACT.—The Federal Advisory Committee Act (5 U.S.C.18

App.) does not apply to the Advisory Committee.19

‘‘(f) DEFINITIONS.—In this section and sections20

4308 through 4313 of this title:21

‘‘(1) The term ‘Civilian Marksmanship Pro-22

gram’ means the rifle practice and firearms safety23

program carried out under section 4308 of this title24

and includes the National Matches and small-arms25

127

•S 1026 PCS

firing schools referred to in section 4312 of this1

title.2

‘‘(2) The term ‘Advisory Committee’ means the3

Advisory Committee for the Promotion of Rifle4

Practice and Firearms Safety.5

‘‘(3) The term ‘Director’ means the Director of6

the Civilian Marksmanship Program.’’.7

(b) ACTIVITIES.—Section 4308 of such title is8


‘‘§ 4308. Promotion of rifle practice and firearms safe-10

ty: activities11

‘‘(a) INSTRUCTION, SAFETY, AND COMPETITION12

PROGRAMS.—(1) The Civilian Marksmanship Program13

shall provide for—14

‘‘(A) the operation and maintenance of indoor15

and outdoor rifle ranges and their accessories and16

appliances;17

‘‘(B) the instruction of citizens of the United18

States in marksmanship, and the employment of19

necessary instructors for that purpose;20

‘‘(C) the promotion of safe and responsible21

practice in the use of rifled arms and the mainte-22

nance and management of matches or competitions23

in the use of those arms; and24

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•S 1026 PCS

‘‘(D) the award to competitors of trophies,1

prizes, badges, and other insignia.2

‘‘(2) In carrying out this subsection, the Civilian3

Marksmanship Program shall give priority to activities4

that benefit firearms safety training and competition for5

youth and reach as many youth participants as possible.6

‘‘(3) Before a person may participate in any activity7

sponsored or supported by the Civilian Marksmanship8

Program under this subsection, the person shall be re-9

quired to certify that the person has not violated any Fed-10

eral or State firearms laws.11

‘‘(b) SALE AND ISSUANCE OF ARMS AND AMMUNI-12

TION.—(1) The Civilian Marksmanship Program may13

issue, without cost, the arms, ammunition (including cali-14

ber .22 and caliber .30 ammunition), targets, and other15

supplies and appliances necessary for activities conducted16

under subsection (a). Issuance shall be made only to gun17

clubs under the direction of the Director of the program18

that provide training in the use of rifled arms to youth,19

the Junior Reserve Officers’ Training Corps, the Boy20

Scouts of America, 4–H Clubs, Future Farmers of Amer-21

ica, and other youth-oriented organizations for training22

and competition.23

‘‘(2) The Director of the Civilian Marksmanship Pro-24

gram may sell at fair market value caliber .30 rifles and25

129

•S 1026 PCS

accoutrements, caliber .22 rifles, and air rifles, and ammu-1

nition for such rifles, to gun clubs that are under the di-2

rection of the Director and provide training in the use of3

rifled arms. In lieu of sales, the Director may loan such4

rifles to such gun clubs.5

‘‘(3) The Director of the Civilian Marksmanship Pro-6

gram may sell at fair market value small arms, ammuni-7

tion, targets, and other supplies and appliances necessary8

for target practice to citizens of the United States over9

18 years of age who are members of a gun club under10

the direction of the Director.11

‘‘(4) Before conveying any weapon or ammunition to12

a person, whether by sale or lease, the Director shall pro-13

vide for a criminal records check of the person with appro-14

priate Federal and State law enforcement agencies.15

‘‘(c) OTHER AUTHORITIES.—The Director shall pro-16

vide for—17

‘‘(1) the procurement of necessary supplies, ap-18

pliances, trophies, prizes, badges, and other insignia,19

clerical and other services, and labor to carry out the20

Civilian Marksmanship Program; and21

‘‘(2) the transportation of employees, instruc-22

tors, and civilians to give or to receive instruction or23

to assist or engage in practice in the use of rifled24

arms, and the transportation and subsistence, or an25

130

•S 1026 PCS

allowance instead of subsistence, of members of1

teams authorized by the Advisory Committee to par-2

ticipate in matches or competitions in the use of ri-3

fled arms.4

‘‘(d) FEES.—The Director, in consultation with the5

Advisory Committee, may impose reasonable fees for per-6

sons and gun clubs participating in any program or com-7

petition conducted under the Civilian Marksmanship Pro-8

gram for the promotion of rifle practice and firearms safe-9

ty among civilians.10

‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNI-11

TION.—(1) The Secretary of the Army shall reserve for12

the Civilian Marksmanship Program all remaining M–113

Garand rifles, accoutrements, and ammunition for such ri-14

fles, still held by the Army. After the date of the enact-15


Year 1996, the Secretary of the Army shall cease demili-17

tarization of remaining M–1 Garand rifles in the Army18

inventory unless such rifles are determined to be irrep-19

arable.20

‘‘(2) Transfers under this subsection shall be made21

without cost to the Civilian Marksmanship Program, ex-22

cept for the costs of transportation for the transferred23

small arms and ammunition.24

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•S 1026 PCS

‘‘(f) PARTICIPATION CONDITIONS.—(1) All partici-1

pants in the Civilian Marksmanship Program and activi-2

ties sponsored or supported by the Advisory Committee3

shall be required, as a condition of participation, to sign4

affidavits stating that—5

‘‘(A) they have never been convicted of a fire-6

arms violation under State or Federal law; and7

‘‘(B) they are not members of any organization8

which advocates the violent overthrow of the United9

States Government.10

‘‘(2) Any person found to have violated this sub-11

section shall be ineligible to participate in the Civilian12

Marksmanship Program and future activities.’’.13

(c) PARTICIPATION OF MEMBERS OF THE ARMED14

FORCES IN INSTRUCTION AND COMPETITION.—Section15

4310 of such title is amended to read as follows:16

‘‘§ 4310. Rifle instruction and competitions: participa-17

tion of members18

‘‘The commander of a major command of the armed19

forces may pay the personnel costs and travel and per20

diem expenses of members of an active or reserve compo-21

nent of the armed forces who participate in a competition22

sponsored by the Civilian Marksmanship Program or who23

provide instruction or other services in support of the Ci-24

vilian Marksmanship Program.’’.25

132

•S 1026 PCS

(d) CONFORMING AMENDMENTS.—(1) Section1

4312(a) of such title is amended by striking out ‘‘as pre-2

scribed by the Secretary of the Army’’ and inserting in3

lieu thereof ‘‘as part of the Civilian Marksmanship Pro-4

gram’’.5


(A) in subsection (a), by striking out ‘‘Sec-7

retary of the Army’’ both places it appears and in-8

serting in lieu thereof ‘‘Advisory Committee’’; and9

(B) in subsection (b), by striking out ‘‘Appro-10

priated funds available for the Civilian Marksman-11

ship Program (as defined in section 4308(e) of this12

title) may’’ and inserting in lieu thereof13

‘‘Nonappropriated funds available to the Civilian14

Marksmanship Program shall’’.15

(e) CLERICAL AMENDMENTS.—The table of sections16


by striking out the items relating to sections 4307, 4308,18

4309, and 4310 and inserting in lieu thereof the following19

new items:20

‘‘4307. Promotion of rifle practice and firearms safety: administration.

‘‘4308. Promotion of rifle practice and firearms safety: activities.

‘‘4309. Rifle ranges: availability for use by members and civilians.

‘‘4310. Rifle instruction and competitions: participation of members.’’.

(f) EFFECTIVE DATE.—The amendments made by21

this section shall take effect on October 1, 1995.22

133

•S 1026 PCS

SEC. 387. REPORT ON EFFORTS TO CONTRACT OUT CER-1

TAIN FUNCTIONS OF DEPARTMENT OF DE-2

FENSE.3

Not later than March 1, 1996, the Secretary of De-4

fense shall submit to Congress a report describing the ad-5

vantages and disadvantages of using contractor personnel,6

rather than civilian employees of the Department of De-7

fense, to perform functions of the Department that are8

not essential to the warfighting mission of the Armed9

Forces. The report shall specify all legislative and regu-10

latory impediments to contracting those functions for pri-11

vate performance.12

SEC. 388. IMPACT AID.13

(a) SPECIAL RULE FOR 1994 PAYMENTS.—The Sec-14

retary of Education shall not consider any payment to a15

local educational agency by the Department of Defense,16

that is available to such agency for current expenditures17

and used for capital expenses, as funds available to such18

agency for purposes of making a determination for fiscal19

year 1994 under section 3(d)(2)(B)(i) of the Act of Sep-20

tember 30, 1950 (Public Law 874, 81st Congress) (as21

such Act was in effect on September 30, 1994).22

(b) PAYMENTS FOR ELIGIBLE FEDERALLY CON-23

NECTED CHILDREN.—Subsection (f) of section 8003 of24

such Act (20 U.S.C. 7703) is amended—25


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(A) in the matter preceding clause (i) of1

subparagraph (A), by striking ‘‘only if such2

agency’’ and inserting ‘‘if such agency is eligible3

for a supplementary payment in accordance4

with subparagraph (B) or such agency’’; and5

(B) by adding at the end the following new6

subparagraph:7

‘‘(C) A local educational agency shall only8

be eligible to receive additional assistance under9

this subsection if the Secretary determines10

that—11

‘‘(i) such agency is exercising due dili-12

gence in availing itself of State and other13

financial assistance; and14

‘‘(ii) the eligibility of such agency15

under State law for State aid with respect16

to the free public education of children de-17

scribed in subsection (a)(1) and the18

amount of such aid are determined on a19

basis no less favorable to such agency than20

the basis used in determining the eligibility21

of local educational agencies for State aid,22

and the amount of such aid, with respect23

to the free public education of other chil-24

dren in the State.’’; and25

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(A) in subparagraph (A)—2

(i) in the matter preceding clause (i),3

by inserting ‘‘(other than any amount re-4

ceived under paragraph (2)(B))’’ after5

‘‘subsection’’;6

(ii) in subclause (I) of clause (i), by7

striking ‘‘or the average per-pupil expendi-8

ture of all the States’’;9

(iii) by amending clause (ii) to read as10

follows:11

‘‘(ii) The Secretary shall next multiply12

the amount determined under clause (i) by13

the total number of students in average14

daily attendance at the schools of the local15

educational agency.’’; and16

(iv) by amending clause (iii) to read17

as follows:18

‘‘(iii) The Secretary shall next sub-19

tract from the amount determined under20

clause (ii) all funds available to the local21

educational agency for current expendi-22

tures, but shall not so subtract funds pro-23

vided—24

‘‘(I) under this Act; or25

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‘‘(II) by any department or agen-1

cy of the Federal Government (other2

than the Department) that are used3

for capital expenses.’’; and4

(B) by amending subparagraph (B) to read5

as follows:6

‘‘(B) SPECIAL RULE.—With respect to7

payments under this subsection for a fiscal year8

for a local educational agency described in9

clause (ii) or (iii) of paragraph (2)(A), the max-10

imum amount of payments under this sub-11

section shall be equal to—12

‘‘(i) the product of—13

‘‘(I) the average per-pupil ex-14

penditure in all States multiplied by15

0.7, except that such amount may not16

exceed 125 percent of the average per-17

pupil expenditure in all local edu-18

cational agencies in the State; multi-19

plied by20

‘‘(II) the number of students de-21

scribed in subparagraph (A) or (B) of22

subsection (a)(1) for such agency;23

minus24

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‘‘(ii) the amount of payments such1

agency receives under subsections (b) and2

(d) for such year.’’.3

(c) CURRENT YEAR DATA.—Paragraph (4) of section4

8003(f) of such Act (20 U.S.C. 7703(f)) is amended to5

read as follows:6

‘‘(4) CURRENT YEAR DATA.—For purposes of7

providing assistance under this subsection the Sec-8

retary—9

‘‘(A) shall use student and revenue data10

from the fiscal year for which the local edu-11

cational agency is applying for assistance under12

this subsection; and13

‘‘(B) shall derive the per pupil expenditure14

amount for such year for the local educational15

agency’s comparable school districts by increas-16

ing or decreasing the per pupil expenditure data17

for the second fiscal year preceding the fiscal18

year for which the determination is made by the19

same percentage increase or decrease reflected20

between the per pupil expenditure data for the21

fourth fiscal year preceding the fiscal year for22

which the determination is made and the per23

pupil expenditure data for such second year.’’.24

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TITLE IV—MILITARY1

PERSONNEL AUTHORIZATIONS2

Subtitle A—Active Forces3

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.4

(a) FISCAL YEAR 1996.—The Armed Forces are au-5

thorized strengths for active duty personnel as of Septem-6

ber 30, 1996, as follows:7

(1) The Army, 495,000, of which not more than8

81,300 may be commissioned officers.9

(2) The Navy, 428,340, of which not more than10


(3) The Marine Corps, 174,000, of which not12

more than 17,978 may be commissioned officers.13

(4) The Air Force, 388,200, of which not more14

than 75,928 may be commissioned officers.15

(b) FISCAL YEAR 1997.—The Armed Forces are au-16

thorized strengths for active duty personnel as of Septem-17

ber 30, 1997, as follows:18

(1) The Army, 495,000, of which not more than19


(2) The Navy, 409,740, of which not more than21


(3) The Marine Corps, 174,000, of which not23

more than 17,978 may be commissioned officers.24

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(4) The Air Force, 385,400, of which not more1

than 76,494 may be commissioned officers.2

SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED3

END STRENGTH LIMITATIONS FOR ACTIVE4

DUTY AIR FORCE AND NAVY OFFICERS IN5

CERTAIN GRADES.6

(a) AIR FORCE OFFICERS.—(1) In the administra-7

tion of the limitation under section 523(a)(1) of title 10,8

United States Code, for fiscal years 1996 and 1997, the9

numbers applicable to officers of the Air Force serving on10

active duty in the grades of major, lieutenant colonel, and11

colonel shall be the numbers set forth for that fiscal year12

in paragraph (2) (rather than the numbers determined in13

accordance with the table in that section).14

(2) The numbers referred to in paragraph (1) are as15

follows:16

Fiscal year:Number of officers who may be serving on active duty in the grade of:

Major Lieutenant colonel Colonel

1996 .................. 15,566 9,876 3,609

1997 .................. 15,645 9,913 3,627

(b) NAVY OFFICERS.—(1) In the administration of17

the limitation under section 523(a)(2) of title 10, United18

States Code, for fiscal years 1996 and 1997, the numbers19

applicable to officers of the Navy serving on active duty20

in the grades of lieutenant commander, commander, and21

captain shall be the numbers set forth for that fiscal year22

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in paragraph (2) (rather than the numbers determined in1

accordance with the table in that section).2

(2) The numbers referred to in paragraph (1) are as3

follows:4

Fiscal year:

Number of officers who may be serving on active duty in the grade of:

Lieutenant com-mander

Commander Captain

1996 .................. 11,924 7,390 3,234

1997 .................. 11,732 7,297 3,188

SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAIT-5

ING RETIREMENT NOT TO BE COUNTED.6

(a) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY7

IN GENERAL AND FLAG OFFICER GRADES.—Section 5258

of title 10, United States Code, is amended by adding at9

the end the following:10

‘‘(d) An officer continuing to hold the grade of gen-11

eral or admiral under section 601(b)(4) of this title after12

relief from the position of Chairman of the Joint Chiefs13

of Staff, Chief of Staff of the Army, Chief of Naval Oper-14

ations, Chief of Staff of the Air Force, or Commandant15

of the Marine Corps shall not be counted for purposes of16

this section.’’.17

(b) NUMBER OF OFFICERS ON ACTIVE DUTY IN18

GRADE OF GENERAL OR ADMIRAL.—Section 528(b) of19

title 10, United States Code, is amended—20

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and21


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‘‘(2) An officer continuing to hold the grade of gen-1

eral or admiral under section 601(b)(4) of this title after2

relief from the position of Chairman of the Joint Chiefs3

of Staff, Chief of Staff of the Army, Chief of Naval Oper-4

ations, Chief of Staff of the Air Force, or Commandant5

of the Marine Corps shall not be counted for purposes of6

this section.’’.7

Subtitle B—Reserve Forces8

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.9

(a) FISCAL YEAR 1996.—The Armed Forces are au-10

thorized strengths for Selected Reserve personnel of the11

reserve components as of September 30, 1996, as follows:12

(1) The Army National Guard of the United13

States, 373,000.14

(2) The Army Reserve, 230,000.15

(3) The Naval Reserve, 98,894.16

(4) The Marine Corps Reserve, 42,274.17

(5) The Air National Guard of the United18

States, 112,707.19

(6) The Air Force Reserve, 73,969.20

(7) The Coast Guard Reserve, 8,000.21

(b) FISCAL YEAR 1997.—The Armed Forces are au-22

thorized strengths for Selected Reserve personnel of the23

reserve components as of September 30, 1997, as follows:24

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States, 367,000.2





States, 107,151.7

(6) The Air Force Reserve, 73,160.8

(7) The Coast Guard Reserve, 8,000.9

(c) WAIVER AUTHORITY.—The Secretary of Defense10

may vary the end strength authorized by subsection (a)11

or subsection (b) by not more than 2 percent.12

(d) ADJUSTMENTS.—The end strengths prescribed by13

subsection (a) or (b) for the Selected Reserve of any re-14

serve component for a fiscal year shall be proportionately15

reduced by—16

(1) the total authorized strength of units orga-17

nized to serve as units of the Selected Reserve of18

such component which are on active duty (other19

than for training) at the end of the fiscal year, and20

(2) the total number of individual members not21

in units organized to serve as units of the Selected22

Reserve of such component who are on active duty23

(other than for training or for unsatisfactory partici-24

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pation in training) without their consent at the end1

of the fiscal year.2

Whenever such units or such individual members are re-3

leased from active duty during any fiscal year, the end4

strength prescribed for such fiscal year for the Selected5

Reserve of such reserve component shall be proportion-6

ately increased by the total authorized strengths of such7

units and by the total number of such individual members.8

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE9

DUTY IN SUPPORT OF THE RESERVES.10

(a) FISCAL YEAR 1996.—Within the end strengths11

prescribed in section 411(a), the reserve components of12

the Armed Forces are authorized, as of September 30,13

1996, the following number of Reserves to be serving on14

full-time active duty or, in the case of members of the Na-15

tional Guard, full-time National Guard duty for the pur-16

pose of organizing, administering, recruiting, instructing,17

or training the reserve components:18


States, 23,390.20





States, 10,066.25

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(6) The Air Force Reserve, 628.1

(b) FISCAL YEAR 1997.—Within the end strengths2

prescribed in section 411(b), the reserve components of3

the Armed Forces are authorized, as of September 30,4

1997, the following number of Reserves to be serving on5

full-time active duty or, in the case of members of the Na-6

tional Guard, full-time National Guard duty for the pur-7

pose of organizing, administering, recruiting, instructing,8

or training the reserve components:9


States, 23,040.11





States, 9,824.16

(6) The Air Force Reserve, 625.17

SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN18

GRADES AUTHORIZED TO SERVE ON ACTIVE19

DUTY IN SUPPORT OF THE RESERVES.20

(a) OFFICERS.—The table at the end of section21

12011(a) of title 10, United States Code, is amended to22

read as follows:23

‘‘Grade Army NavyAir

ForceMarineCorps

Major or Lieutenant Commander ........... 3,219 1,071 643 140

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ForceMarineCorps

Lieutenant Colonel or Commander ......... 1,524 520 672 90

Colonel or Navy Captain ......................... 412 188 274 30’’.

(b) SENIOR ENLISTED MEMBERS.—The table at the1

end of section 12012(a) of such title is amended to read2

as follows:3


ForceMarineCorps

E–9 .......................................................... 603 202 366 20

E–8 .......................................................... 2,585 429 890 94’’.

SEC. 414. RESERVES ON ACTIVE DUTY IN SUPPORT OF CO-4

OPERATIVE THREAT REDUCTION PROGRAMS5

NOT TO BE COUNTED.6

Section 115(d) of title 10, United States Code, is7


‘‘(8) Members of the Selected Reserve of the9

Ready Reserve on active duty for more that 18010

days to support programs described in section11

1203(b) of the Cooperative Threat Reduction Act of12

1993 (title XII of Public Law 103–160; 107 Stat.13

1778; 22 U.S.C. 5952(b)).’’.14

SEC. 415. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-15

MILITARY CONTACTS AND COMPARABLE AC-16

TIVITIES NOT TO BE COUNTED.17


amended—19

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(1) by redesignating subsection (f) as sub-1

section (g); and2

(2) by inserting after subsection (e) the follow-3

ing new subsection (f):4

‘‘(f) ACTIVE DUTY END STRENGTHS.—(1) A member5

of a reserve component referred to in paragraph (2) shall6

not be counted for purposes of the following personnel7

strength limitations:8

‘‘(A) The end strength for active-duty personnel9

authorized pursuant to section 115(a)(1) of this title10

for the fiscal year in which the member carries out11

the activities referred to in paragraph (2).12

‘‘(B) The authorized daily average for members13

in pay grades E–8 and E–9 under section 517 of14

this title for the calendar year in which the member15

carries out such activities.16

‘‘(C) The authorized strengths for commis-17

sioned officers under section 523 of this title for the18

fiscal year in which the member carries out such ac-19

tivities.20

‘‘(2) A member of a reserve component referred to21

in paragraph (1) is any member on active duty under an22

order to active duty for 180 days or more who is engaged23

in activities authorized under this section.’’.24

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Subtitle C—Military Training1

Student Loads2

SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.3

(a) FISCAL YEAR 1996.—For fiscal year 1996, the4

Armed Forces are authorized average military training5

student loads as follows:6

(1) The Army, 75,013.7

(2) The Navy, 44,238.8

(3) The Marine Corps, 26,095.9

(4) The Air Force, 33,232.10

(b) FISCAL YEAR 1997.—For fiscal year 1997, the11

Armed Forces are authorized average military training12

student loads as follows:13

(1) The Army, 79,275.14

(2) The Navy, 44,121.15

(3) The Marine Corps, 27,255.16

(4) The Air Force, 35,522.17

(c) SCOPE.—The average military training student18

load authorized for an armed force for a fiscal year under19

subsection (a) or (b) applies to the active and reserve com-20

ponents of that armed force for that fiscal year.21

(d) ADJUSTMENTS.—The average military training22

student load authorized for a fiscal year in subsection (a)23

or (b) shall be adjusted consistent with the end strengths24

authorized for that fiscal year in subtitles A and B. The25

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Secretary of Defense shall prescribe the manner in which1

such adjustments shall be apportioned.2

Subtitle D—Authorization of3

Appropriations4

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-5

TARY PERSONNEL.6

There is hereby authorized to be appropriated to the7

Department of Defense for military personnel for fiscal8

year 1996 a total of $68,896,863,000. The authorization9

in the preceding sentence supersedes any other authoriza-10

tion of appropriations (definite or indefinite) for such pur-11

pose for fiscal year 1996.12

TITLE V—MILITARY PERSONNEL13

POLICY14

Subtitle A—Officer Personnel15

Policy16

SEC. 501. JOINT OFFICER MANAGEMENT.17

(a) CRITICAL JOINT DUTY ASSIGNMENT POSI-18

TIONS.—Section 661(d)(2)(A) of title 10, United States19

Code, is amended by striking out ‘‘1,000’’ and inserting20

in lieu thereof ‘‘500’’.21

(b) ADDITIONAL QUALIFYING JOINT SERVICE.—Sec-22

tion 664 of such title is amended by adding at the end23

the following:24

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•S 1026 PCS

‘‘(i) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK1

FORCE ASSIGNMENTS.—(1) The Secretary of Defense, in2

consultation with the Chairman of the Joint Chiefs of3

Staff, may credit an officer with having completed a full4

tour of duty in a joint duty assignment upon the officer’s5

completion of service described in paragraph (2) or may6

grant credit for such service for purposes of determining7

the cumulative service of the officer in joint duty assign-8

ments. The credit for such service may be granted without9

regard to the length of the service (except as provided in10

regulations pursuant to subparagraphs (A) and (B) of11

paragraph (4)) and without regard to whether the assign-12

ment in which the service was performed is a joint duty13

assignment as defined in regulations pursuant to section14

668 of this title.15

‘‘(2) Service performed by an officer in a temporary16

assignment on a joint task force or a multinational force17

headquarters staff may be considered for credit under18

paragraph (1) if—19

‘‘(A) the Secretary of Defense determines that20

the service in that assignment provided significant21

experience in joint matters;22

‘‘(B) any portion of the service in that assign-23

ment was performed on or after the date of the en-24

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actment of the National Defense Authorization Act1

for Fiscal Year 1996; and2

‘‘(C) the officer is recommended for such credit3

by the Chief of Staff of the Army (for an officer in4

the Army), the Chief of Naval Operations (for an of-5

ficer in the Navy), the Chief of Staff of the Air6

Force (for an officer in the Air Force), or the Com-7

mandant of the Marine Corps (for an officer in the8

Marine Corps).9

‘‘(3) Credit shall be granted under paragraph (1) on10

a case-by-case basis.11

‘‘(4) The Secretary of Defense shall prescribe uni-12

form criteria for determining whether to grant an officer13

credit under paragraph (1). The criteria shall include the14

following:15

‘‘(A) For an officer to be credited as having16

completed a full tour of duty in a joint duty assign-17

ment, the officer accumulated at least 24 months of18

service in a temporary assignment referred to in19

paragraph (2).20

‘‘(B) For an officer to be credited with service21

in a joint duty assignment for purposes of determin-22

ing cumulative service in joint duty assignments, the23

officer accumulated at least 30 consecutive days of24

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service or 60 days of total service in a temporary as-1

signment referred to in paragraph (2).2

‘‘(C) The service was performed in support of3

a mission that was directed by the President or was4

assigned by the President to United States forces in5

the joint task force or multinational force involved.6

‘‘(D) The joint task force or multinational force7

involved was constituted or designated by the Sec-8

retary of Defense, by a commander of a combatant9

command or of another force, or by a multinational10

or United Nations command authority.11

‘‘(E) The joint task force or multinational force12

involved conducted military combat or combat-relat-13

ed operations or military operations other than war14

in a unified action under joint, multinational, or15

United Nations command and control.16

‘‘(5) Officers for whom joint duty credit is granted17

pursuant to this subsection shall not be taken into account18

for the purposes of section 661(d)(1) of this title, sub-19

sections (a)(3) and (b) of section 662 of this title, section20

664(a) of this title, or paragraph (7), (8), (9), (11), or21

(12) of section 667 of this title.22

‘‘(6) In the case of an officer credited with having23

completed a full tour of duty in a joint duty assignment24

pursuant to this subsection, the Secretary of Defense may25

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waive the requirement in paragraph (1)(B) of section1

661(c) of this title that the tour of duty in a joint duty2

assignment be performed after the officer completes a pro-3

gram of education referred to in paragraph (1)(A) of that4

section.’’.5

(c) INFORMATION IN ANNUAL REPORT.—Section 6676

of such title is amended—7

(1) by redesignating paragraph (18) as para-8

graph (19); and9

(2) by inserting after paragraph (17) the fol-10

lowing new paragraph (18):11

‘‘(18) The number of officers granted credit for12

service in joint duty assignments under section13

664(i) of this title and—14

‘‘(A) of those officers—15

‘‘(i) the number of officers credited16

with having completed a tour of duty in a17

joint duty assignment; and18

‘‘(ii) the number of officers granted19

credit for purposes of determining cumu-20

lative service in joint duty assignments;21

and22

‘‘(B) the identity of each operation for23

which an officer has been granted credit pursu-24

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ant to section 664(i) of this title and a brief de-1

scription of the mission of the operation.’’.2

(d) GENERAL AND FLAG OFFICER EXEMPTION3

FROM WAIVER LIMITS.—Section 661(c)(3)(D) of such4

title is amended by inserting ‘‘, other than for general or5

flag officers,’’ in the third sentence after ‘‘during any fis-6

cal year’’.7

(e) LENGTH OF SECOND JOINT TOUR.—Section 6648

of such title is amended—9

(1) in subsection (e)(2), by inserting after sub-10

paragraph (B) the following:11

‘‘(C) Service described in subsection (f)(6), ex-12

cept that no more than 10 percent of all joint duty13

assignments shown on the list published pursuant to14

section 668(b)(2)(A) of this title may be so excluded15

in any year.’’; and16

(2) in subsection (f)—17

(A) by striking out ‘‘or’’ at the end of18

paragraph (4);19


of paragraph (5) and inserting in lieu thereof ‘‘;21

or’’; and22


‘‘(6) a second joint duty assignment that is less24

than the period required under subsection (a), but25

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not less than 2 years, without regard to whether a1

waiver was granted for such assignment under sub-2

section (b).’’.3

SEC. 502. REVISION OF SERVICE OBLIGATION FOR GRAD-4

UATES OF THE SERVICE ACADEMIES.5

(a) MILITARY ACADEMY.—Section 4348(a)(2)(B) of6

such title is amended by striking out ‘‘six years’’ and in-7

serting in lieu thereof ‘‘five years’’.8

(b) NAVAL ACADEMY.—Section 6959(a)(2)(B) of9



(c) AIR FORCE ACADEMY.—Section 9348(a)(2)(B) of12



(d) REQUIREMENT FOR REVIEW AND REPORT.—Not15

later than April 1, 1996, the Secretary of Defense shall—16

(1) review the effects that each of various peri-17

ods of obligated active duty service for graduates of18

the United States Military Academy, the United19

States Naval Academy, and the United States Air20

Force Academy would have on the number and qual-21

ity of the eligible and qualified applicants seeking22

appointment to such academies; and23

(2) submit to the Committee on Armed Services24

of the Senate and the Committee on National Secu-25

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rity of the House of Representatives a report on the1

Secretary’s findings together with any recommended2

legislation regarding the minimum periods of obli-3

gated active duty service for graduates of the United4

States Military Academy, the United States Naval5

Academy, and the United States Air Force Acad-6

emy.7

(e) EFFECTIVE DATE.—(1) The amendments made8

by this section shall apply to persons who are first admit-9

ted to military service academies after December 31,10

1991.11

(2) Section 511(e) of the National Defense Author-12

ization Act for Fiscal Years 1990 and 1991 (Public Law13

101–189; 103 Stat. 1439; 10 U.S.C. 2114 note) is amend-14

ed—15

(A) by striking out ‘‘amendments made by this16

section’’ and inserting in lieu thereof ‘‘amendment17

made by subsection (a)’’; and18

(B) by striking out ‘‘or one of the service acad-19

emies’’.20

SEC. 503. QUALIFICATIONS FOR APPOINTMENT AS SUR-21

GEON GENERAL OF AN ARMED FORCE.22

(a) SURGEON GENERAL OF THE ARMY.—Section23

3036 of title 10, United States Code, is amended—24

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•S 1026 PCS

(1) in subsection (b), by inserting after the1

third sentence the following: ‘‘The Surgeon General2

shall be appointed as prescribed in subsection (f).’’;3

and4

(2) by adding at the end the following new sub-5

section (f):6

‘‘(f) The President shall appoint the Surgeon General7

from among commissioned officers in any corps of the8

Army Medical Department who are educationally and pro-9

fessionally qualified to furnish health care to other per-10

sons, including doctors of medicine, dentistry, and osteop-11

athy, nurses, and clinical psychologists.’’.12

(b) SURGEON GENERAL OF THE NAVY.—Section13

5137 of title 10, United States Code, is amended—14

(1) in the first sentence of subsection (a), by15

striking out ‘‘in the Medical Corps’’ and inserting in16

lieu thereof ‘‘who are educationally and profes-17

sionally qualified to furnish health care to other per-18

sons, including doctors of medicine, dentistry, and19

osteopathy, nurses, and clinical psychologists’’; and20

(2) in subsection (b), by striking out ‘‘in the21

Medical Corps’’ and inserting in lieu thereof ‘‘who is22

qualified to be the Chief of the Bureau of Medicine23

and Surgery’’.24

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(c) SURGEON GENERAL OF THE AIR FORCE.—The1

first sentence of section 8036 of title 10, United States2

Code, is amended by striking out ‘‘designated as medical3

officers under section 8067(a) of this title’’ and inserting4

in lieu thereof ‘‘educationally and professionally qualified5

to furnish health care to other persons, including doctors6

of medicine, dentistry, and osteopathy, nurses, and clinical7

psychologists’’.8

SEC. 504. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR9

FORCE.10

(a) TENURE AND GRADE OF DEPUTY JUDGE ADVO-11

CATE GENERAL.—Section 8037(d)(1) of such title is12

amended—13

(1) by striking out ‘‘two years’’ in the second14

sentence and inserting in lieu thereof ‘‘four years’’,15

and16

(2) by striking out the last sentence and insert-17

ing in lieu thereof the following: ‘‘An officer ap-18

pointed as Deputy Judge Advocate General who19

holds a lower regular grade shall be appointed in the20

regular grade of major general.’’.21

(b) SAVINGS PROVISION.—The amendments made by22

this section shall not apply to a person serving pursuant23

to appointment in the position of Deputy Judge Advocate24

General of the Air Force while such person is serving the25

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term for which the person was appointed to such position1

before the date of the enactment of this Act and any ex-2

tension of such term.3

SEC. 505. RETIRING GENERAL AND FLAG OFFICERS: APPLI-4

CABILITY OF UNIFORM CRITERIA AND PRO-5

CEDURES FOR RETIRING IN HIGHEST GRADE6

IN WHICH SERVED.7

(a) APPLICABILITY OF TIME-IN-GRADE REQUIRE-8

MENTS.—Section 1370 of title 10, United States Code, is9

amended—10

(1) in subsection (a)(2)(A), by striking out11

‘‘and below lieutenant general or vice admiral’’; and12

(2) in the first sentence of subsection (d)(2)(B),13

as added by section 1641 of the Reserve Officer Per-14

sonnel Management Act (title XVI of Public Law15

103–337; 108 Stat. 2968), by striking out ‘‘and16

below lieutenant general or vice admiral’’.17

(b) RETIREMENT IN HIGHEST GRADE UPON CER-18

TIFICATION OF SATISFACTORY SERVICE.—Section19

1370(c) of title 10, United States Code, is amended—20

(1) by striking out ‘‘Upon retirement an offi-21

cer’’ and inserting in lieu thereof ‘‘An officer’’; and22

(2) by striking out ‘‘may, in the discretion’’ and23

all that follows and inserting in lieu thereof ‘‘may be24

retired in the higher grade under subsection (a) only25

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after the Secretary of Defense certifies in writing to1

the President and the Senate that the officer served2

on active duty satisfactorily in that grade.’’.3

(c) CONFORMING AMENDMENTS.—Sections 3962(a),4

5034, and 8962(a) of title 10, United States Code, are5

repealed.6

(d) TECHNICAL AND CLERICAL AMENDMENTS.—(1)7

Sections 3962(b) and 8962(b) of such title are amended8

by striking out ‘‘(b) Upon’’ and inserting in lieu thereof9

‘‘Upon’’.10



ing to section 5034.13

(e) EFFECTIVE DATE FOR AMENDMENTS TO PROVI-14

SION TAKING EFFECT IN 1996.—The amendment made15

by subsection (a)(2) shall take effect on October 1, 1996,16

immediately after subsection (d) of section 1370 of title17

10, United States Code, takes effect under section18

1691(b)(1) of the Reserve Officer Personnel Management19

Act (108 Stat. 3026).20

SEC. 506. EXTENSION OF CERTAIN RESERVE OFFICER MAN-21

AGEMENT AUTHORITIES.22

(a) GRADE DETERMINATION AUTHORITY FOR CER-23

TAIN RESERVE MEDICAL OFFICERS.—Section 3359(b)24

and 8359(b) of title 10, United States Code, are each25

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amended by striking out ‘‘September 30, 1995’’ and in-1

serting in lieu thereof ‘‘September 30, 1996’’.2

(b) PROMOTION AUTHORITY FOR CERTAIN RESERVE3

OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)4

and 8380(d) of title 10, United States Code, are each5



(c) YEARS OF SERVICE FOR MANDATORY TRANSFER8

TO THE RETIRED RESERVE.—Section 1016(d) of the De-9

partment of Defense Authorization Act, 1984 (10 U.S.C.10

3360) is amended by striking out ‘‘September 30, 1995’’11

and inserting in lieu thereof ‘‘September 30, 1996’’.12

SEC. 507. RESTRICTIONS ON WEARING INSIGNIA FOR HIGH-13

ER GRADE BEFORE PROMOTION.14

(a) ACTIVE-DUTY LIST.—(1) Subchapter II of chap-15

ter 36 of title 10, United States Code, is amended by in-16

serting after section 624 the following:17

‘‘§ 624a. Restrictions on frocking18

‘‘(a) RESTRICTIONS.—An officer may not be frocked19

to a grade unless—20

‘‘(1) the Senate has confirmed by advice and21

consent a nomination of the officer for promotion to22

that grade; and23

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‘‘(2) the officer is serving in, or has been or-1

dered to, a position for which that grade is author-2

ized.3

‘‘(b) BENEFITS NOT TO ACCRUE.—(1) An officer4

frocked to a grade may not, on the basis of the frocking—5

‘‘(A) be paid the rate of pay provided for an of-6

ficer in that grade having the same number of years7

of service as the frocked officer; or8

‘‘(B) assume any legal authority associated with9

that grade.10

‘‘(2) The period for which an officer is frocked to a11

grade may not be taken into account for any of the follow-12

ing purposes:13

‘‘(A) Seniority in that grade.14

‘‘(B) Time of service in that grade.15

‘‘(c) NUMBERS OF ACTIVE-DUTY LIST OFFICERS16

FROCKED TO GRADE O–7.—The number of officers on the17

active-duty list who are authorized by frocking to wear the18

insignia for the grade of brigadier general or, in the Navy,19

rear admiral (lower half) may not exceed 35.20

‘‘(d) NUMBERS OF ACTIVE-DUTY LIST OFFICERS21

FROCKED TO GRADES O–4, O–5, AND O–6.—The number22

of officers of an armed force on the active-duty list who23

are authorized by frocking to wear the insignia for a grade24

to which a limitation on total number applies under sec-25

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tion 523(a) of this title for a fiscal year may not exceed1

one percent of the total number provided for the officers2

in that grade in that armed force in the administration3

of the limitation under such section 523(a) for such fiscal4

year.5

‘‘(e) DEFINITION.—In this section, the term ‘frock’,6

with respect to an officer, means to authorize the officer7

to wear the insignia of a higher grade before being pro-8

moted to that grade.’’.9


chapter II of chapter 36 of such title is amended by insert-11

ing after the item relating to section 624 the following:12

‘‘624a. Restrictions on frocking.’’.

(b) TEMPORARY VARIATION OF LIMITATIONS ON13

NUMBERS OF FROCKED OFFICERS.—(1) In the adminis-14

tration of section 624a(c) of title 10, United States Code15

(as added by subsection (a)), for fiscal years 1996 and16

1997, the maximum number applicable to officers on the17

active-duty list who are authorized by frocking to wear the18

insignia for the grade of brigadier general or, in the Navy,19

rear admiral (lower half) is as follows:20

(A) During fiscal year 1996, 75 officers.21

(B) During fiscal year 1997, 55 officers.22

(2) In the administration of section 624a(d) of title23

10, United States Code (as added by subsection (a)), for24

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fiscal year 1996, the percent limitation applied under that1

section shall be two percent instead of one percent.2

(c) DEFINITION.—In this section, the term ‘frock’,3

with respect to an officer, means to authorize the officer4

to wear the insignia of a higher grade before being pro-5

moted to that grade.6

SEC. 508. DIRECTOR OF ADMISSIONS, UNITED STATES7

MILITARY ACADEMY: RETIREMENT FOR8

YEARS OF SERVICE.9

(a) AUTHORITY TO DIRECT RETIREMENT.—Section10

3920 of title 10, United States Code, is amended to read11

as follows:12

‘‘§ 3920. More than thirty years: permanent profes-13

sors and the Director of Admissions of14

United States Military Academy15

‘‘(a) AUTHORITY TO DIRECT RETIREMENT.—The16

Secretary of the Army may retire any of the personnel17

of the United States Military Academy described in sub-18

section (b) who has more than 30 years of service as a19

commissioned officer.20

‘‘(b) APPLICABILITY.—The authority under sub-21

section (a) may be exercised in the case of the following22

personnel:23

‘‘(1) A permanent professor.24

‘‘(2) The Director of Admissions.’’.25

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(b) CLERICAL AMENDMENT.—The item relating to1

such section in the table of sections at the beginning of2

chapter 367 of such title is amended to read as follows:3

‘‘3920. More than thirty years: permanent professors and the Director of Admis-

sions of United States Military Academy.’’.

Subtitle B—Matters Relating to4

Reserve Components5

SEC. 511. MOBILIZATION INCOME INSURANCE PROGRAM6

FOR MEMBERS OF READY RESERVE.7

(a) ESTABLISHMENT OF PROGRAM.—(1) Subtitle E8

of title 10, United States Code, is amended by inserting9

after chapter 1213 the following new chapter:10

‘‘CHAPTER 1214—READY RESERVE11

INCOME INSURANCE12

‘‘Sec.

‘‘12521. Definitions.

‘‘12522. Establishment of insurance program.

‘‘12523. Risk insured.

‘‘12524. Enrollment and election of benefits.

‘‘12525. Benefit amounts.

‘‘12526. Premiums.

‘‘12527. Payment of premiums.

‘‘12528. Department of Defense Ready Reserve Income Insurance Fund.

‘‘12529. Board of Actuaries.

‘‘12530. Payment of benefits.

‘‘12531. Purchase of insurance.

‘‘12532. Termination for nonpayment of premiums; forfeiture.

‘‘§ 12521. Definitions13

‘‘In this chapter:14

‘‘(1) The term ‘insurance program’ means the15

Department of Defense Ready Reserve Income In-16

surance Program established under section 12522 of17

this title.18

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‘‘(2) The term ‘covered service’ means active1

duty performed by a member of a reserve component2

under an order to active duty for a period of more3

than 30 days which specifies that the member’s serv-4

ice—5

‘‘(A) is in support of an operational mis-6

sion for which members of the reserve compo-7

nents have been ordered to active duty without8

their consent; or9

‘‘(B) is in support of forces activated dur-10

ing a period of war declared by Congress or a11

period of national emergency declared by the12

President or Congress.13

‘‘(3) The term ‘insured member’ means a mem-14

ber of the Ready Reserve who is enrolled for cov-15

erage under the insurance program in accordance16

with section 12524 of this title.17

‘‘(4) The term ‘Secretary’ means the Secretary18

of Defense.19

‘‘(5) The term ‘Department’ means the Depart-20

ment of Defense.21

‘‘(6) The term ‘Board of Actuaries’ means the22

Department of Defense Education Benefits Board of23

Actuaries referred to in section 2006(e)(1) of this24

title.25

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‘‘(7) The term ‘Fund’ means the Department of1

Defense Ready Reserve Income Insurance Fund es-2

tablished by section 12528(a) of this title.3

‘‘§ 12522. Establishment of insurance program4

‘‘(a) ESTABLISHMENT.—The Secretary shall estab-5

lish for members of the Ready Reserve an insurance pro-6

gram to be known as the ‘Department of Defense Ready7

Reserve Income Insurance Program’.8

‘‘(b) ADMINISTRATION.—The insurance program9

shall be administered by the Secretary. The Secretary may10

prescribe in regulations such rules, procedures, and poli-11

cies as the Secretary considers necessary or appropriate12

to carry out the insurance program.13

‘‘§ 12523. Risk insured14

‘‘(a) IN GENERAL.—The insurance program shall in-15

sure members of the Ready Reserve against the risk of16

being ordered into covered service.17

‘‘(b) ENTITLEMENT TO BENEFITS.—(1) An insured18

member ordered into covered service shall be entitled to19

payment of a benefit for each month (and fraction thereof)20

of covered service that exceeds 30 days of covered service,21

except that no member may be paid under the insurance22

program for more than 12 months of covered service23

served during any period of 18 consecutive months.24

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•S 1026 PCS

‘‘(2) Payment shall be based solely on the insured1

status of a member and on the period of covered service2

served by the member. Proof of loss of income or of ex-3

penses incurred as a result of covered service may not be4

required.5

‘‘§ 12524. Enrollment and election of benefits6

‘‘(a) ENROLLMENT.—(1) Except as provided in sub-7

section (f), upon first becoming a member of the Ready8

Reserve, a member shall be automatically enrolled for cov-9

erage under the insurance program. An automatic enroll-10

ment of a member shall be void if within 30 days after11

first becoming a member of the Ready Reserve the mem-12

ber declines insurance under the program in accordance13

with the regulations prescribed by the Secretary.14

‘‘(2) Promptly after the insurance program is estab-15

lished, the Secretary shall offer to members of the reserve16

components who are then members of the Ready Reserve17

(other than members ineligible under subsection (f)) an18

opportunity to enroll for coverage under the insurance pro-19

gram. A member who fails to enroll within 30 days after20

being offered the opportunity shall be considered as having21

declined to be insured under the program.22

‘‘(3) A member of the Ready Reserve ineligible to en-23

roll under subsection (f) shall be afforded an opportunity24

to enroll upon being released from active duty if the mem-25

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•S 1026 PCS

ber has not previously had the opportunity to be enrolled1

under paragraph (1) or (2). A member who fails to enroll2

within 30 days after being afforded that opportunity shall3

be considered as having declined to be insured under the4

program.5

‘‘(b) ELECTION OF BENEFIT AMOUNT.—The amount6

of a member’s monthly benefit under an enrollment shall7

be the basic benefit under subsection (a) of section 125258

of this title unless the member elects a different benefit9

under subsection (b) of such section within 30 days after10

first becoming a member of the Ready Reserve or within11

30 days after being offered the opportunity to enroll, as12

the case may be.13

‘‘(c) ELECTIONS IRREVOCABLE.—(1) An election to14

decline insurance pursuant to paragraph (1) or (2) of sub-15

section (a) is irrevocable.16

‘‘(2) Subject to subsection (d), the amount of cov-17

erage may not be changed after enrollment.18

‘‘(d) ELECTION TO TERMINATE.—A member may19

terminate an enrollment at any time.20

‘‘(e) INFORMATION TO BE FURNISHED.—The Sec-21

retary shall ensure that members referred to in subsection22

(a) are given a written explanation of the insurance pro-23

gram and are advised that they have the right to decline24

to be insured and, if not declined, to elect coverage for25

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•S 1026 PCS

a reduced benefit or an enhanced benefit under subsection1

(b).2

‘‘(f) MEMBERS INELIGIBLE TO ENROLL.—Members3

of the Ready Reserve serving on active duty (or full-time4

National Guard duty) are not eligible to enroll for cov-5

erage under the insurance program. The Secretary may6

define any additional category of members of the Ready7

Reserve to be excluded from eligibility to purchase insur-8

ance under this chapter.9

‘‘§ 12525. Benefit amounts10

‘‘(a) BASIC BENEFIT.—The basic benefit for an in-11

sured member under the insurance program is $1,000 per12

month (as adjusted under subsection (d)).13

‘‘(b) REDUCED AND ENHANCED BENEFITS.—Under14

the regulations prescribed by the Secretary, a person en-15

rolled for coverage under the insurance program may16

elect—17

‘‘(1) a reduced coverage benefit equal to one-18

half the amount of the basic benefit; or19

‘‘(2) an enhanced benefit in the amount of20

$1,500, $2,000, $2,500, $3,000, $3,500, $4,000,21

$4,500, or $5,000 per month (as adjusted under22

subsection (d)).23

‘‘(c) AMOUNT FOR PARTIAL MONTH.—The amount24

of insurance payable to an insured member for any period25

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of covered service that is less than one month shall be de-1

termined by multiplying 1⁄30 of the monthly benefit rate2

for the member by the number of days of the covered serv-3

ice served by the member during such period.4

‘‘(d) ADJUSTMENT OF AMOUNTS.—(1) The Secretary5

shall determine annually the effect of inflation on benefits6

and shall adjust the amounts set forth in subsections (a)7

and (b)(2) to maintain the constant dollar value of the8

benefit.9

‘‘(2) If the amount of a benefit as adjusted under10

paragraph (1) is not evenly divisible by $10, the amount11

shall be rounded to the nearest multiple of $10, except12

that an amount evenly divisible by $5 but not by $10 shall13

be rounded to the next lower amount that is evenly divis-14

ible by $10.15

‘‘§ 12526. Premiums16

‘‘(a) ESTABLISHMENT OF RATES.—(1) The Sec-17

retary, in consultation with the Board of Actuaries, shall18

prescribe the premium rates for insurance under the in-19

surance program.20

‘‘(2) The Secretary shall prescribe a fixed premium21

rate for each $1,000 of monthly insurance benefit. The22

premium amount shall be equal to the share of the cost23

attributable to insuring the member and shall be the same24

for all members of the Ready Reserve who are insured25

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under the insurance program for the same benefit amount.1

The Secretary shall prescribe the rate on the basis of the2

best available estimate of risk and financial exposure, lev-3

els of subscription by members, and other relevant factors.4

‘‘(b) LEVEL PREMIUMS.—The premium rate pre-5

scribed for the first year of insurance coverage of an in-6

sured member shall be continued without change for sub-7

sequent years of insurance coverage, except that the Sec-8

retary, after consultation with the Board of Actuaries,9

may adjust the premium rate in order to fund inflation-10

adjusted benefit increases on an actuarially sound basis.11

‘‘§ 12527. Payment of premiums12

‘‘(a) METHODS OF PAYMENT.—(1) The monthly pre-13

mium for coverage of a member under the insurance pro-14

gram shall be deducted and withheld from the insured15

member’s basic pay for inactive duty training each month.16

‘‘(2) An insured member who does not receive pay17

on a monthly basis shall pay the Secretary directly the18

premium amount applicable for the level of benefits for19

which the member is insured.20

‘‘(b) ADVANCE PAY FOR PREMIUM.—The Secretary21

concerned may advance to an insured member the amount22

equal to the first insurance premium payment due under23

this chapter. The advance may be paid out of appropria-24

tions for military pay. An advance to a member shall be25

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collected from the member either by deducting and with-1

holding the amount from basic pay payable for the mem-2

ber or by collecting it from the member directly. No dis-3

bursing or certifying officer shall be responsible for any4

loss resulting from an advance under this subsection.5

‘‘(c) PREMIUMS TO BE DEPOSITED IN FUND.—Pre-6

mium amounts deducted and withheld from the basic pay7

of insured members and premium amounts paid directly8

to the Secretary shall be credited to the Fund.9

‘‘§ 12528. Department of Defense Ready Reserve In-10

come Insurance Fund11

‘‘(a) ESTABLISHMENT.—There is established on the12

books of the Treasury a fund to be known as the ‘Depart-13

ment of Defense Ready Reserve Income Insurance Fund’,14

which shall be administered by the Secretary of the Treas-15

ury. The Fund shall be used for the accumulation of funds16

in order to finance the liabilities of the insurance program17

on an actuarially sound basis.18

‘‘(b) ASSETS OF FUND.—There shall be deposited19

into the Fund the following:20

‘‘(1) Premiums paid under section 12527 of21

this title.22

‘‘(2) Any amount appropriated to the Fund.23

‘‘(3) Any return on investment of the assets of24

the Fund.25

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‘‘(c) AVAILABILITY.—Amounts in the Fund shall be1

available for paying insurance benefits under the insur-2

ance program.3

‘‘(d) INVESTMENT OF ASSETS OF FUND.—The Sec-4

retary of the Treasury shall invest such portion of the5

Fund as is not in the judgment of the Secretary of De-6

fense required to meet current liabilities. Such investments7

shall be in public debt securities with maturities suitable8

to the needs of the Fund, as determined by the Secretary9

of Defense, and bearing interest at rates determined by10

the Secretary of the Treasury, taking into consideration11

current market yields on outstanding marketable obliga-12

tions of the United States of comparable maturities. The13

income on such investments shall be credited to the Fund.14

‘‘(e) ANNUAL ACCOUNTING.—At the beginning of15

each fiscal year, the Secretary, in consultation with the16

Board of Actuaries and the Secretary of the Treasury,17

shall determine the following:18

‘‘(1) The projected amount of the premiums to19

be collected, investment earnings to be received, and20

any transfers or appropriations to be made for the21

Fund for that fiscal year.22

‘‘(2) The amount for that fiscal year of any cu-23

mulative unfunded liability (including any negative24

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amount or any gain to the Fund) resulting from1

payments of benefits.2

‘‘(3) The amount for that fiscal year (including3

any negative amount) of any cumulative actuarial4

gain or loss to the Fund.5

‘‘§ 12529. Board of Actuaries6

‘‘(a) ACTUARIAL RESPONSIBILITY.—The Board of7

Actuaries shall have the actuarial responsibility for the in-8

surance program.9

‘‘(b) VALUATIONS AND PREMIUM RECOMMENDA-10

TIONS.—The Board of Actuaries shall carry out periodic11

actuarial valuations of the benefits under the insurance12

program and determine a premium rate methodology for13

the Secretary to use in setting premium rates for the in-14

surance program. The Board shall conduct the first valu-15

ation and determine a premium rate methodology not later16

than six months after the insurance program is estab-17

lished.18

‘‘(c) EFFECTS OF CHANGED BENEFITS.—If at the19

time of any actuarial valuation under subsection (b) there20

has been a change in benefits under the insurance pro-21

gram that has been made since the last such valuation22

and such change in benefits increases or decreases the23

present value of amounts payable from the Fund, the24

Board of Actuaries shall determine a premium rate meth-25

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•S 1026 PCS

odology, and recommend to the Secretary a premium1

schedule, for the liquidation of any liability (or actuarial2

gain to the Fund) resulting from such change and any3

previous such changes so that the present value of the sum4

of the scheduled premium payments (or reduction in pay-5

ments that would otherwise be made) equals the cumu-6

lative increase (or decrease) in the present value of such7

benefits.8

‘‘(d) ACTUARIAL GAINS OR LOSSES.—If at the time9

of any such valuation the Board of Actuaries determines10

that there has been an actuarial gain or loss to the Fund11

as a result of changes in actuarial assumptions since the12

last valuation or as a result of any differences, between13

actual and expected experience since the last valuation, the14

Board shall recommend to the Secretary a premium rate15

schedule for the amortization of the cumulative gain or16

loss to the Fund resulting from such changes in assump-17

tions and any previous such changes in assumptions or18

from the differences in actual and expected experience, re-19

spectively, through an increase or decrease in the pay-20

ments that would otherwise be made to the Fund.21

‘‘(e) INSUFFICIENT ASSETS.—If at any time liabil-22

ities of the Fund exceed assets of the Fund as a result23

of members of the Ready Reserve being ordered to active24

duty as described in section 12521(2) of this title, and25

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funds are unavailable to pay benefits completely, the Sec-1

retary shall request the President to submit to Congress2

a request for a special appropriation to cover the unfunded3

liability. If appropriations are not made to cover an un-4

funded liability in any fiscal year, the Secretary shall re-5

duce the amount of the benefits paid under the insurance6

program to a total amount that does not exceed the assets7

of the Fund expected to accrue by the end of such fiscal8

year. Benefits that cannot be paid because of such a re-9

duction shall be deferred and may be paid only after and10

to the extent that additional funds become available.11

‘‘(f) DEFINITION OF PRESENT VALUE.—The Board12

of Actuaries shall define the term ‘present value’ for pur-13

poses of this subsection.14

‘‘§ 12530. Payment of benefits15

‘‘(a) COMMENCEMENT OF PAYMENT.—An insured16

member who serves in excess of 30 days of covered service17

shall be paid the amount to which such member is entitled18

on a monthly basis beginning not later than one month19

after the 30th day of covered service.20

‘‘(b) METHOD OF PAYMENT.—The Secretary shall21

prescribe in the regulations the manner in which payments22

shall be made to the member or to a person designated23

in accordance with subsection (c).24

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‘‘(c) DESIGNATED RECIPIENTS.—(1) A member may1

designate in writing another person (including a spouse,2

parent, or other person with an insurable interest, as de-3

termined in accordance with the regulations prescribed by4

the Secretary) to receive payments of insurance benefits5

under the insurance program.6

‘‘(2) A member may direct that payments of insur-7

ance benefits for a person designated under paragraph (1)8

be deposited with a bank or other financial institution to9

the credit of the designated person.10

‘‘(d) RECIPIENTS IN EVENT OF DEATH OF INSURED11

MEMBER.—Any insurance payable under the insurance12

program on account of a deceased member’s period of cov-13

ered service shall be paid, upon the establishment of a14

valid claim, to the beneficiary or beneficiaries which the15

deceased member designated in writing. If no such des-16

ignation has been made, the amount shall be payable in17

accordance with the laws of the State of the member’s18

domicile.19

‘‘§ 12531. Purchase of insurance20

‘‘(a) PURCHASE AUTHORIZED.—The Secretary may,21

instead of or in addition to underwriting the insurance22

program through the Fund, purchase from one or more23

insurance companies a policy or policies of group insur-24

ance in order to provide the benefits required under this25

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•S 1026 PCS

chapter. The Secretary may waive any requirement for full1

and open competition in order to purchase an insurance2

policy under this subsection.3

‘‘(b) ELIGIBLE INSURERS.—In order to be eligible to4

sell insurance to the Secretary for purposes of subsection5

(a), an insurance company shall—6

‘‘(1) be licensed to issue insurance in each of7

the 50 States and in the District of Columbia; and8

‘‘(2) as of the most recent December 31 for9

which information is available to the Secretary, have10

in effect at least one percent of the total amount of11

insurance that all such insurance companies have in12

effect in the United States.13

‘‘(c) ADMINISTRATIVE PROVISIONS.—(1) An insur-14

ance company that issues a policy for purposes of sub-15

section (a) shall establish an administrative office at a16

place and under a name designated by the Secretary.17

‘‘(2) For the purposes of carrying out this chapter,18

the Secretary may use the facilities and services of any19

insurance company issuing any policy for purposes of sub-20

section (a), may designate one such company as the rep-21

resentative of the other companies for such purposes, and22

may contract to pay a reasonable fee to the designated23

company for its services.24

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•S 1026 PCS

‘‘(d) REINSURANCE.—The Secretary shall arrange1

with each insurance company issuing any policy for pur-2

poses of subsection (a) to reinsure, under conditions ap-3

proved by the Secretary, portions of the total amount of4

the insurance under such policy or policies with such other5

insurance companies (which meet qualifying criteria pre-6

scribed by the Secretary) as may elect to participate in7

such reinsurance.8

‘‘(e) TERMINATION.—The Secretary may at any time9

terminate any policy purchased under this section.10

‘‘§ 12532. Termination for nonpayment of premiums;11

forfeiture12

‘‘(a) TERMINATION FOR NONPAYMENT.—The cov-13

erage of a member under the insurance program shall ter-14

minate without prior notice upon a failure of the member15

to make required monthly payments of premiums for two16

consecutive months. The Secretary may provide in the reg-17

ulations for reinstatement of insurance coverage termi-18

nated under this subsection.19

‘‘(b) FORFEITURE.—Any person convicted of mutiny,20

treason, spying, or desertion, or who refuses to perform21

service in the armed forces or refuses to wear the uniform22

of any of the armed forces shall forfeit all rights to insur-23

ance under this chapter.’’.24

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(2) The tables of chapters at the beginning of subtitle1

E, and at the beginning of part II of subtitle E, of title2

10, United States Code, are amended by inserting after3

the item relating to chapter 1213 the following new item:4

‘‘1214. Ready Reserve Income Insurance ................................................. 12521’’.

(b) EFFECTIVE DATE.—The insurance program pro-5

vided for in chapter 1214 of title 10, United States Code,6

as added by subsection (a), and the requirement for deduc-7

tions and contributions for that program shall take effect8

on September 30, 1996, or on any earlier date declared9

by the Secretary and published in the Federal Register.10

SEC. 512. ELIGIBILITY OF DENTISTS TO RECEIVE ASSIST-11

ANCE UNDER THE FINANCIAL ASSISTANCE12

PROGRAM FOR HEALTH CARE PROFES-13

SIONALS IN RESERVE COMPONENTS.14


amended—16

(1) by striking out ‘‘(b) PHYSICIANS IN CRITI-17

CAL SPECIALTIES.—’’ and inserting in lieu thereof18

‘‘(b) PHYSICIANS AND DENTISTS IN CRITICAL SPE-19

CIALTIES.—’’;20


(A) by inserting ‘‘or dental school’’ in sub-22

paragraph (A) after ‘‘medical school’’;23

(B) by inserting ‘‘or as a dental officer’’ in24

subparagraph (B) after ‘‘medical officer’’; and25

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(C) by striking out ‘‘physicians in a medi-1

cal specialty designated’’ and inserting in lieu2

thereof ‘‘physicians or dentists in a medical spe-3

cialty or dental specialty, respectively, that is4

designated’’; and5

(3) in paragraph (2)(B), by inserting ‘‘or dental6

officer’’ after ‘‘medical officer’’.7

SEC. 513. LEAVE FOR MEMBERS OF RESERVE COMPO-8

NENTS PERFORMING PUBLIC SAFETY DUTY.9

(a) ELECTION OF LEAVE TO BE CHARGED.—Sub-10

section (b) of section 6323 of title 5, United States Code,11

is amended by adding at the end the following: ‘‘Upon the12

request of an employee, the period for which an employee13

is absent to perform service described in paragraph (2)14

may be charged to the employee’s accrued annual leave15

or to compensatory time available to the employee instead16

of being charged as leave to which the employee is entitled17

under this subsection. The period of absence may not be18

charged to sick leave.’’.19

(b) PAY FOR PERIOD OF ABSENCE.—Section 551920

of such title is amended by striking out ‘‘entitled to leave’’21

and inserting in lieu thereof ‘‘granted military leave’’.22

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Subtitle C—Uniform Code of1

Military Justice2

SEC. 521. REFERENCES TO UNIFORM CODE OF MILITARY3

JUSTICE.4

Except as otherwise expressly provided, whenever in5

this subtitle an amendment or repeal is expressed in terms6

of an amendment to, or repeal of, a section or other provi-7

sion, the reference shall be considered to be made to a8

section or other provision of chapter 47 of title 10, United9

States Code (the Uniform Code of Military Justice).10

SEC. 522. DEFINITIONS.11

Section 801 (article 1) is amended by inserting after12

paragraph (14) the following new paragraphs:13

‘‘(15) The term ‘classified information’ means14

any information or material that has been deter-15

mined by an official of the United States pursuant16

to law, an Executive order, or regulation to require17

protection against unauthorized disclosure for rea-18

sons of national security, and any restricted data, as19

defined in section 11(y) of the Atomic Energy Act20

of 1954 (42 U.S.C. 2014(y)).21

‘‘(16) The term ‘national security’ means the22

national defense and foreign relations of the United23

States.’’.24

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SEC. 523. ARTICLE 32 INVESTIGATIONS.1

Section 832 (article 32) is amended—2

(1) by redesignating subsection (d) as sub-3

section (e); and4

(2) by inserting after subsection (c) the follow-5

ing new subsection (d):6

‘‘(d) If evidence adduced in an investigation under7

this article indicates that the accused committed an un-8

charged offense, the investigating officer is authorized to9

investigate the subject matter of such offense without the10

accused having first been charged with the offense. If the11

accused was present at such investigation, was informed12

of the nature of each uncharged offense investigated, and13

was afforded the opportunities for representation, cross-14

examination, and presentation prescribed in subsection15

(b), no further investigation of such offense or offenses16

is necessary under this article.’’.17

SEC. 524. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.18

Section 847(b) (article 47(b)) is amended—19

(1) by inserting ‘‘indictment or’’ in the first20

sentence after ‘‘shall be tried on’’; and21

(2) in the second sentence, by striking out22

‘‘shall be’’ and all that follows and inserting in lieu23

thereof ‘‘shall be fined or imprisoned, or both, at the24

court’s discretion.’’.25

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SEC. 525. COMMITMENT OF ACCUSED TO TREATMENT FA-1

CILITY BY REASON OF LACK OF MENTAL CA-2

PACITY OR MENTAL RESPONSIBILITY.3

(a) APPLICABLE PROCEDURES.—(1) Chapter 47 is4

amended by inserting after section 850a (article 50a) the5

following:6

‘‘§ 850b. Art. 50b. Lack of mental capacity or mental7

responsibility: commitment of accused8

for examination and treatment9

‘‘(a) PERSONS INCOMPETENT TO STAND TRIAL.—10

(1) In the case of a person determined under this chapter11

to be presently suffering from a mental disease or defect12

rendering the person mentally incompetent to the extent13

that the person is unable to understand the nature of the14

proceedings against that person or to conduct or cooperate15

intelligently in the defense of the case, the general court-16

martial convening authority for that person shall commit17

the person to the custody of the Attorney General.18

‘‘(2) The Attorney General shall take action in ac-19

cordance with section 4241(d) of title 18.20

‘‘(3) If at the end of the period for hospitalization21

provided for in section 4241(d) of title 18, it is determined22

that the committed person’s mental condition has not so23

improved as to permit the trial to proceed, action shall24

be taken in accordance with section 4246 of such title.25

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‘‘(4)(A) When the director of a facility in which a1

person is hospitalized pursuant to paragraph (2) deter-2

mines that the person has recovered to such an extent that3

the person is able to understand the nature of the proceed-4

ings against the person and to conduct or cooperate intel-5

ligently in the defense of the case, the director shall6

promptly transmit a notification of that determination to7

the Attorney General and to the general court-martial con-8

vening authority for the person. The director shall send9

a copy of the notification to the person’s counsel.10

‘‘(B) Upon receipt of a notification, the general court-11

martial convening authority shall promptly take custody12

of the person unless the person covered by the notification13

is no longer subject to this chapter. If the person is no14

longer subject to this chapter, the Attorney General shall15

take any action within the authority of the Attorney Gen-16

eral that the Attorney General considers appropriate re-17

garding the person.18

‘‘(C) The director of the facility may retain custody19

of the person for not more than 30 days after transmitting20

the notifications required by subparagraph (A).21

‘‘(5) In the application of section 4246 of title 18 to22

a case under this subsection, references to the court that23

ordered the commitment of a person, and to the clerk of24

such court, shall be deemed to refer to the general court-25

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martial convening authority for that person. However, if1

the person is no longer subject to this chapter at a time2

relevant to the application of such section to the person,3

the United States district court for the district where the4

person is hospitalized or otherwise may be found shall be5

considered as the court that ordered the commitment of6

the person.7

‘‘(b) PERSONS FOUND NOT GUILTY BY REASON OF8

LACK OF MENTAL RESPONSIBILITY.—(1) If a person is9

found by a court-martial not guilty only by reason of lack10

of mental responsibility, the person shall be committed to11

a suitable facility until the person is eligible for release12

in accordance with this section.13

‘‘(2) The court-martial shall conduct a hearing on the14

mental condition in accordance with subsection (c) of sec-15

tion 4243 of title 18. Subsections (b) and (d) of that sec-16

tion shall apply with respect to the hearing.17

‘‘(3) A report of the results of the hearing shall be18

made to the general court-martial convening authority for19

the person.20

‘‘(4) If the court-martial fails to find by the standard21

specified in subsection (d) of section 4243 of title 18 that22

the person’s release would not create a substantial risk23

of bodily injury to another person or serious damage of24

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property of another due to a present mental disease or1

defect—2

‘‘(A) the general court-martial convening au-3

thority may commit the person to the custody of the4

Attorney General; and5

‘‘(B) the Attorney General shall take action in6

accordance with subsection (e) of section 4243 of7

title 18.8

‘‘(5) Subsections (f), (g), and (h) of section 4243 of9

title 18 shall apply in the case of a person hospitalized10

pursuant to paragraph (4)(B), except that the United11

States district court for the district where the person is12

hospitalized shall be considered as the court that ordered13

the person’s commitment.14

‘‘(c) GENERAL PROVISIONS.—(1) Except as other-15

wise provided in this subsection and subsection (d)(1), the16

provisions of section 4247 of title 18 apply in the adminis-17

tration of this section.18

‘‘(2) In the application of section 4247(d) of title 1819

to hearings conducted by a court-martial under this sec-20

tion or by (or by order of) a general court-martial conven-21

ing authority under this section, the reference in that sec-22

tion to section 3006A of such title does not apply.23

‘‘(d) APPLICABILITY.—(1) The provisions of chapter24

313 of title 18 referred to in this section apply according25

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to the provisions of this section notwithstanding section1

4247(j) of title 18.2

‘‘(2) If the status of a person as described in section3

802 of this title (article 2) terminates while the person4

is, pursuant to this section, in the custody of the Attorney5

General, hospitalized, or on conditional release under a6

prescribed regimen of medical, psychiatric, or psycho-7

logical care or treatment, the provisions of this section es-8

tablishing requirements and procedures regarding a per-9

son no longer subject to this chapter shall continue to10

apply to that person notwithstanding the change of sta-11

tus.’’.12


chapter VII of such chapter is amended by inserting after14

the item relating to section 850a (article 50a) the follow-15

ing:16

‘‘850b. 50b. Lack of mental capacity or mental responsibility: commitment of

accused for examination and treatment.’’.

(b) CONFORMING AMENDMENT.—Section 802 of title17

10, United States Code (article 2 of the Uniform Code18

of Military Justice), is amended by adding at the end the19

following:20

‘‘(e) The provisions of this section are subject to sec-21

tion 850b(d)(2) of this title (article 50b(d)(2)).’’.22

(c) EFFECTIVE DATE.—Section 850b of title 10,23

United States Code (article 50b of the Uniform Code of24

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•S 1026 PCS

Military Justice), as added by subsection (a), shall take1

effect 180 days after the date of the enactment of this2

Act and shall apply with respect to charges referred to3

courts-martial on or after that effective date.4

SEC. 526. FORFEITURE OF PAY AND ALLOWANCES AND RE-5

DUCTION IN GRADE.6

(a) EFFECTIVE DATE OF PUNISHMENTS.—Section7

857(a) (article 57(a)) is amended to read as follows:8

‘‘(a)(1) Any forfeiture of pay, forfeiture of allow-9

ances, or reduction in grade included in a sentence of a10

court-martial takes effect on the earlier of—11

‘‘(A) the date that is 20 days after the date on12

which the sentence is adjudged; or13

‘‘(B) the date on which the sentence is ap-14

proved by the convening authority.15

‘‘(2) On application by an accused, the convening au-16

thority may defer any forfeiture of pay, forfeiture of allow-17

ances, or reduction in grade that would otherwise become18

effective under paragraph (1)(A) until the date on which19

the sentence is approved by the convening authority. The20

deferment may be rescinded at any time by the convening21

authority.22

‘‘(3) A forfeiture of pay or allowances shall be col-23

lected from pay accruing on and after the date on which24

the sentence takes effect under paragraph (1). Periods25

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during which a sentence to forfeiture of pay or forfeiture1

of allowances is suspended or deferred shall be excluded2

in computing the duration of the forfeiture.3

‘‘(4) In this subsection, the term ‘convening author-4

ity’, with respect to a sentence of a court-martial, means5

any person authorized to act on the sentence under section6

860 of this title (article 60).’’.7

(b) EFFECT OF PUNITIVE SEPARATION OR CONFINE-8

MENT FOR ONE YEAR OR MORE.—(1) Subchapter VIII9

is amended by inserting after section 858a (article 58a)10

the following new section (article):11

‘‘§ 858b. Art. 58b. Sentences: forfeiture of pay and al-12

lowances13

‘‘(a) A sentence adjudged by a court-martial that in-14

cludes confinement for one year or more, death, dishonor-15

able discharge, bad-conduct discharge, or dismissal shall16

result in the forfeiture of all pay and allowances due that17

member during any period of confinement or parole. The18

forfeiture required by this section shall take effect on the19

date determined under section 857(a) of this title (article20

57(a)) and may be deferred in accordance with that sec-21

tion.22

‘‘(b) In a case involving an accused who has depend-23

ents, the convening authority or other person acting under24

section 860 of this title (article 60) may waive any or all25

191

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of the forfeitures of pay and allowances required by sub-1

section (a) for a period not to exceed six months. Any2

amount of pay or allowances that, except for a waiver3

under this subsection, would be forfeited shall be paid, as4

the convening authority or other person taking action di-5

rects, to the dependents of the accused.’’.6

‘‘(c) If the sentence of a member who forfeits pay7

and allowances under subsection (a) is set aside or dis-8

approved or, as finally approved, does not provide for a9

punishment referred to in subsection (a), the member shall10

be paid the pay and allowances which the member would11

have been paid, except for the forfeiture, for the period12

during which the forfeiture was in effect.’’.13

(2) CLERICAL AMENDMENT.—The table of sections14

at the beginning of subchapter VIII of such chapter is15

amended by adding at the end the following new item:16

‘‘858b. 58b. Sentences: forfeiture of pay and allowances.’’.

(c) APPLICABILITY.—The amendments made by this17

section shall apply to a case in which a sentence is ad-18

judged by a court-martial on or after the first day of the19

first month that begins at least 30 days after the date20

of the enactment of this Act.21

SEC. 527. DEFERMENT OF CONFINEMENT.22

Section 857 (article 57) is amended by striking out23

subsection (e) and inserting in lieu thereof the following:24

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•S 1026 PCS

‘‘(e)(1) When an accused in the custody of a State1

or foreign country is returned temporarily to military au-2

thorities for trial by court-martial and is later returned3

to that State or foreign country under the authority of4

a mutual agreement or treaty, the convening authority of5

the court-martial may defer the service of the sentence to6

confinement without the consent of the accused. The7

deferment shall terminate when the accused is released8

permanently to military authorities by the State or foreign9

country having custody of the accused.10

‘‘(2) In this subsection, the term ‘State’ includes the11

District of Columbia and any commonwealth, territory, or12

possession of the United States.13

‘‘(f) While a review of a case under section 867(a)(2)14

of this title (article 67(a)(2)) is pending, the Secretary15

concerned or, when designated by the Secretary, an Under16

Secretary, an Assistant Secretary, the Judge Advocate17

General, or a commanding officer may defer further serv-18

ice of a sentence to confinement which has been ordered19

executed in such case.’’.20

SEC. 528. SUBMISSION OF MATTERS TO THE CONVENING21

AUTHORITY FOR CONSIDERATION.22

Section 860(b)(1) (article 60(b)(1)) is amended by23

inserting after the first sentence the following: ‘‘Any such24

submission shall be in writing.’’.25

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SEC. 529. PROCEEDINGS IN REVISION.1

Section 860(e)(2) (article 60(e)(2)) is amended by2

striking out the first sentence and inserting in lieu thereof3

the following: ‘‘A proceeding in revision may be ordered4

before authentication of the record of trial in order to cor-5

rect a clerical mistake in a judgment, order, or other part6

of the record or any error in the record arising from over-7

sight or omission.’’.8

SEC. 530. APPEAL BY THE UNITED STATES.9

Section 862(a)(1) (article 62(a)(1)) is amended to10

read as follows:11

‘‘(a)(1)(A) In a trial by court-martial in which a mili-12

tary judge presides and in which a punitive discharge may13

be adjudged, the United States may appeal the following:14

‘‘(i) An order or ruling of the military judge15

which terminates the proceedings with respect to a16

charge or specification.17

‘‘(ii) An order or ruling which excludes evidence18

that is substantial proof of a fact material in the19

proceeding.20

‘‘(iii) An order or ruling which directs the dis-21

closure of classified information.22

‘‘(iv) An order or ruling which imposes sanc-23

tions for nondisclosure of classified information.24

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‘‘(v) A refusal of the military judge to issue a1

protective order sought by the United States to pre-2

vent the disclosure of classified information.3

‘‘(vi) A refusal by the military judge to enforce4

an order described in clause (v) that has previously5

been issued by appropriate authority.6

‘‘(B) The United States may not appeal an order or7

ruling that is or that amounts to, a finding of not guilty8

with respect to the charge or specification.’’.9

SEC. 531. FLIGHT FROM APPREHENSION.10

(a) IN GENERAL.—Section 895 (article 95) is amend-11


‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,13

and escape14

‘‘Any person subject to this chapter who—15

‘‘(1) resists apprehension;16

‘‘(2) flees from apprehension;17

‘‘(3) breaks arrest; or18

‘‘(4) escapes from custody or confinement;19

shall be punished as a court-martial may direct.’’.20


section 895 (article 95) in the table of sections at the be-22

ginning of subchapter X is amended to read as follows:23

‘‘895. Art. 95. Resistance, flight, breach of arrest, and escape.’’.

195

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SEC. 532. CARNAL KNOWLEDGE.1

(a) GENDER NEUTRALITY.—Subsection (b) of section2

920 (article 120) is amended to read as follows:3

‘‘(b) Any person subject to this chapter who, under4

circumstances not amounting to rape, commits an act of5

sexual intercourse with a person—6

‘‘(1) who is not that person’s spouse; and7

‘‘(2) who has not attained the age of sixteen8

years;9

is guilty of carnal knowledge and shall be punished as a10

court-martial may direct.’’.11

(b) MISTAKE OF FACT.—Such section (article) is fur-12

ther amended by adding at the end the following new sub-13

section:14

‘‘(d) In a prosecution under subsection (b), it is a15

defense that—16

‘‘(1) the person with whom the accused commit-17

ted the act of sexual intercourse had at the time of18

the alleged offense attained the age of twelve years;19

and20

‘‘(2) the accused reasonably believed that that21

person had at the time of the alleged offense at-22

tained the age of sixteen years.’’.23

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SEC. 533. TIME AFTER ACCESSION FOR INITIAL INSTRUC-1

TION IN THE UNIFORM CODE OF MILITARY2

JUSTICE.3

Section 937(a)(1) (article 137(a)(1)) is amended by4

striking out ‘‘within six days’’ and inserting in lieu thereof5

‘‘within fourteen days’’.6

SEC. 534. TECHNICAL AMENDMENT.7

Section 866(f) (article 66(f)) is amended by striking8

out ‘‘Courts of Military Review’’ both places it appears9

and inserting in lieu thereof ‘‘Courts of Criminal Ap-10

peals’’.11

SEC. 535. PERMANENT AUTHORITY CONCERNING TEM-12

PORARY VACANCIES ON THE COURT OF AP-13

PEALS FOR THE ARMED FORCES.14


Act for Fiscal Years 1990 and 1991 (Public Law 101–16

189; 103 Stat. 1569; 10 U.S.C. 942 note) is amended by17

striking out subsection (i).18

SEC. 536. ADVISORY PANEL ON UCMJ JURISDICTION OVER19

CIVILIANS ACCOMPANYING THE ARMED20

FORCES IN TIME OF ARMED CONFLICT.21

(a) ESTABLISHMENT.—Not later than December 15,22

1996, the Secretary of Defense and the Attorney General23

shall jointly establish an advisory panel to review and24

make recommendations on jurisdiction over civilians ac-25

companying the Armed Forces in time of armed conflict.26

197

•S 1026 PCS

(b) MEMBERSHIP.—The panel shall be composed of1

at least 5 individuals, including experts in military law,2

international law, and federal civilian criminal law. In3

making appointments to the panel, the Secretary and the4

Attorney General shall ensure that the members of the5

panel reflect diverse experiences in the conduct of prosecu-6

tion and defense functions.7

(c) DUTIES.—The panel shall—8

(1) review historical experiences and current9

practices concerning the employment, training, dis-10

cipline, and functions of civilians accompanying the11

Armed Forces in the field;12

(2) make specific recommendations (in accord-13

ance with subsection (d)) concerning—14

(A) establishing court-martial jurisdiction15

over civilians accompanying the Armed Forces16

in the field during time of armed conflict not17

involving a war declared by Congress;18

(B) revisions to the jurisdiction of the Ar-19

ticle III courts over such persons; and20

(C) establishment of Article I courts to ex-21

ercise jurisdiction over such persons; and22

(3) make such additional recommendations (in23

accordance with subsection (d)) as the panel consid-24

ers appropriate as a result of the review.25

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•S 1026 PCS

(d) REPORT.—(1) Not later than December 15,1

1996, the advisory panel shall transmit a report on the2

findings and recommendations of the panel to the Sec-3

retary of Defense and the Attorney General.4

(2) Not later than January 15, 1997, the Secretary5

of Defense and the Attorney General shall jointly transmit6

the report of the advisory panel to Congress. The Sec-7

retary and the Attorney General may include in the trans-8

mittal any joint comments on the report that they con-9

sider appropriate, and either such official may include in10

the transmittal any separate comments on the report that11

such official considers appropriate.12

(e) DEFINITIONS.—In this section:13

(1) The term ‘‘Article I court’’ means a court14

established under Article I of the Constitution.15

(2) The term ‘‘Article III court’’ means a court16

established under Article III of the Constitution.17

(f) TERMINATION OF PANEL.—The panel shall termi-18

nate 30 days after the date of submission of the report19

to the Secretary of Defense and the Attorney General20

under subsection (d).21

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Subtitle D—Decorations and1

Awards2

SEC. 541. AWARD OF PURPLE HEART TO CERTAIN FORMER3

PRISONERS OF WAR.4

(a) AUTHORITY TO MAKE AWARD.—The President5

may award the Purple Heart to a person who, while serv-6

ing in the Armed Forces of the United States before April7

25, 1962—8

(1) was taken prisoner or held captive—9

(A) in an action against an enemy of the10

United States;11

(B) in military operations involving conflict12

with an opposing foreign force;13

(C) during service with friendly forces en-14

gaged in an armed conflict against an opposing15

armed force in which the United States was not16

a belligerent party;17

(D) as the result of an action of any such18

enemy or opposing armed force; or19

(E) as the result of an act of any foreign20

hostile force; and21

(2) was wounded while being taken prisoner or22

held captive.23

(b) STANDARDS.—An award of the Purple Heart may24

be made under subsection (a) only in accordance with the25

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standards in effect on the date of the enactment of this1

Act for the award of the Purple Heart to a member of2

the Armed Forces who, on or after April 25, 1962, has3

been taken prisoner and held captive under circumstances4

described in that subsection.5

(c) EXCEPTION FOR AIDING THE ENEMY.—An award6

of a Purple Heart may not be made under this section7

to any person convicted by a court of competent jurisdic-8

tion of rendering assistance to any enemy of the United9

States.10

(d) COVERED WOUNDS.—A wound determined by the11

Secretary of Veterans Affairs as being a service-connected12

injury arising from being taken prisoner or held captive13

under circumstances described in subsection (a) satisfies14

the condition set forth in paragraph (2) of that subsection.15

(e) RELATIONSHIP TO OTHER AUTHORITY TO16

AWARD THE PURPLE HEART.—The authority under this17

section is in addition to any other authority of the Presi-18

dent to award the Purple Heart.19

SEC. 542. MERITORIOUS AND VALOROUS SERVICE DURING20

VIETNAM ERA: REVIEW AND AWARDS.21

(a) FINDINGS.—Congress makes the following find-22

ings:23

(1) The Ia Drang Valley (Pleiku) campaign,24

carried out by the Armed Forces of the United25

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States in the Ia Drang Valley of Vietnam from Octo-1

ber 23, 1965, to November 26, 1965, is illustrative2

of the many battles which pitted forces of the United3

States against North Vietnamese Army regulars and4

Viet Cong in vicious fighting in which many mem-5

bers of the Armed Forces displayed extraordinary6

heroism, sacrifice, and bravery which has not yet7

been officially recognized through award of appro-8

priate decorations.9

(2) Accounts of these battles published since10

the war ended authoritatively document repeated11

acts of extraordinary heroism, sacrifice, and bravery12

on the part of many members of the Armed Forces13

who were engaged in these battles, many of whom14

have never been officially recognized for those acts.15

(3) In some of the battles United States mili-16

tary units suffered substantial losses, in some cases17

a majority of the strength of the units.18

(4) The incidence of heavy casualties through-19

out the war inhibited the timely collection of com-20

prehensive and detailed information to support rec-21

ommendations for awards for the acts of heroism,22

sacrifice, and bravery performed.23

(5) Requests to the Secretaries of the military24

departments for review of award recommendations25

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•S 1026 PCS

for those acts have been denied because of restric-1

tions in law and regulations that require timely fil-2

ing of recommendations and documented justifica-3

tion.4

(6) Acts of heroism, sacrifice, and bravery per-5

formed in combat by members of the Armed Forces6

of the United States deserve appropriate and timely7

recognition by the people of the United States.8

(7) It is appropriate to recognize military per-9

sonnel for acts of extraordinary heroism, sacrifice, or10

bravery that are belatedly, but properly, documented11

by persons who witnessed those acts.12

(b) WAIVER OF RESTRICTIONS ON AWARDS.—(1)13

Notwithstanding any other provision of law, the Secretary14

of Defense or the Secretary of the military department15

concerned may award a decoration to any person for an16

act, an achievement, or service that the person performed17

in a campaign while serving on active duty during the18

Vietnam era.19

(2) Paragraph (1) applies to any decoration (includ-20

ing any device in lieu of a decoration) that, during or after21

the Vietnam era and before the date of the enactment of22

this Act, was authorized by law or under regulations of23

the Department of Defense or the military department24

concerned to be awarded to a person for an act, an25

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achievement, or service performed by that person while1

serving on active duty.2

(c) REVIEW OF AWARD RECOMMENDATIONS.—(1)3

The Secretary of each military department shall review all4

recommendations for awards for acts, achievements, or5

service described in subsection (b)(1) that have been re-6

ceived by the Secretary during the period of the review.7

(2) The Secretaries shall begin the review within 308

days after the date of the enactment of this Act and shall9

complete the review within one year after such date.10

(3) The Secretary may use the same process for car-11

rying out the review as the Secretary uses for reviewing12

other recommendations for awarding decorations to mem-13

bers of the armed force or armed forces under the Sec-14

retary’s jurisdiction for acts, achievements, or service.15

(4)(A) Upon completing the review, the Secretary16

shall submit a report on the review to the Committee on17


tional Security of the House of Representatives.19

(B) The report shall contain the following informa-20

tion on each recommendation for award reviewed:21

(i) A summary of the recommendation.22

(ii) The findings resulting from the review.23

(iii) The final action taken on the recommenda-24

tion.25

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(d) DEFINITIONS.—In this section:1

(1) The term ‘‘Vietnam era’’ has the meaning2

given that term in section 101(29) of title 38, Unit-3

ed States Code.4

(2) The term ‘‘active duty’’ has the meaning5

given such term in section 101(d)(1) of title 10,6

United States Code.7

SEC. 543. MILITARY INTELLIGENCE PERSONNEL PRE-8

VENTED BY SECRECY FROM BEING CONSID-9

ERED FOR DECORATIONS AND AWARDS.10

(a) SENSE OF CONGRESS.—It is the sense of Con-11

gress that the Secretaries of the military departments—12

(1) should review the service records of Armed13

Forces personnel and former Armed Forces person-14

nel who performed military intelligence duties during15

the period beginning January 1, 1940, and ending16

December 31, 1990, in order to determine—17

(A) whether, by reason of the secrecy asso-18

ciated with the performance of such duties, any19

of such personnel have not been considered or20

fully considered before the date of the enact-21

ment of this Act for decorations and awards for22

the performance of such duties during that pe-23

riod; and24

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•S 1026 PCS

(B) whether, without regard to applicable1

time limitations, any of such personnel should2

be considered for decorations or awards in rec-3

ognition of the manner in which the personnel4

performed such duties or the achievements at-5

tained in performing such duties; and6

(2) should consider, in particular, any rec-7

ommendation for a decoration or award for any of8

such personnel that—9

(A) is based on the manner in which the10

personnel performed such duties or the achieve-11

ments attained in performing such duties; and12

(B) is received within one year after the13

date of the enactment of this Act.14

(b) WAIVER OF TIME LIMITATIONS.—The Secretary15

of a military department may approve a decoration or16

award for any personnel referred to in subsection (a) in17

accordance with the sense of Congress set forth in that18

subsection without regard to any of the following restric-19

tions:20

(1) The following provisions of title 10, United21

States Code:22

(A) Section 3744(d).23

(B) Section 6248(a).24

(C) Section 8744(d).25

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•S 1026 PCS

(2) Any regulation or other administrative re-1

striction on the time for submitting a recommenda-2

tion for a decoration or award or for approving a3

decoration or award.4

Subtitle E—Other Matters5

SEC. 551. DETERMINATION OF WHEREABOUTS AND STA-6

TUS OF MISSING PERSONS.7

(a) PURPOSE.—The purpose of this section is to en-8

sure that any member of the Armed Forces is accounted9

for by the United States (by the return of such person10

alive, by the return of the remains of such person, or by11

the decision that credible evidence exists to support an-12

other determination of the status of such person) and, as13

a general rule, is not declared dead solely because of the14

passage of time.15

(b) IN GENERAL.—(1) Part II of subtitle A of title16

10, United States Code, is amended by inserting after17

chapter 75 the following new chapter:18

‘‘CHAPTER 76—MISSING PERSONS19

‘‘Sec.

‘‘1501. System for accounting for missing persons.

‘‘1502. Missing persons: initial report.

‘‘1503. Actions of Secretary concerned; initial board inquiry.

‘‘1504. Subsequent board of inquiry.

‘‘1505. Further review.

‘‘1506. Personnel files.

‘‘1507. Recommendation of status of death.

‘‘1508. Return alive of person declared missing or dead.

‘‘1509. Effect on State law.


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•S 1026 PCS

‘‘§ 1501. System for accounting for missing persons1

‘‘(a) OFFICE FOR MISSING PERSONNEL.—(1) The2

Secretary of Defense shall establish within the Office of3

the Secretary of Defense an office to have responsibility4

for Department of Defense policy relating to missing per-5

sons. Subject to the authority, direction, and control of6

the Secretary of Defense, the responsibilities of the office7

shall include—8

‘‘(A) policy, control, and oversight within the9

Department of Defense of the entire process for in-10

vestigation and recovery related to missing persons;11

and12

‘‘(B) coordination for the Department of De-13

fense with other departments and agencies of the14

United States on all matters concerning missing per-15

sons.16

‘‘(2) In carrying out the responsibilities of the office17

established under this subsection, the head of the office18

shall coordinate the efforts of that office with those of19

other departments and agencies and other elements of the20

Department of Defense for such purposes and shall be re-21

sponsible for the coordination for such purposes within the22

Department of Defense among the military departments,23

the Joint Staff, and the commanders of the combatant24

commands.25

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•S 1026 PCS

‘‘(3) The office shall establish policies, which shall1

apply uniformly throughout the Department of Defense,2

for personnel recovery.3

‘‘(4) The office shall establish procedures to be fol-4

lowed by Department of Defense boards of inquiry, and5

by officials reviewing the reports of such boards, under6

this chapter.7

‘‘(b) SEARCH AND RESCUE.—Notwithstanding sub-8

section (a), responsibility for search and rescue policies9

within the Department of Defense shall be established by10

the Assistant Secretary of Defense for Special Operations11

and Low Intensity Conflict.12

‘‘(c) UNIFORM DOD PROCEDURES.—(1) The Sec-13

retary of Defense shall prescribe procedures, to apply uni-14

formly throughout the Department of Defense, for—15

‘‘(A) the determination of the status of persons16

described in subsection (e); and17

‘‘(B) for the systematic, comprehensive, and18

timely collection, analysis, review, dissemination, and19

periodic update of information related to such per-20

sons.21

‘‘(2) Such procedures may provide for the delegation22

by the Secretary of Defense of any responsibility of the23

Secretary under this chapter to the Secretary of a military24

department.25

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•S 1026 PCS

‘‘(3) Such procedures shall be prescribed in a single1

directive applicable to all elements of the Department of2

Defense, other than the elements carrying out activities3

relating to search and rescue.4

‘‘(4) As part of such procedures, the Secretary may5

provide for the extension, on a case by-case basis, of any6

time limit specified in section 1503 or 1504 of this title.7

Any such extension may not be for a period in excess of8

the period with respect to which the extension is provided.9

Subsequent extensions may be provided on the same basis.10

‘‘(d) COAST GUARD.—(1) The Secretary of Transpor-11

tation shall designate an officer of the Department of12

Transportation to have responsibility within the Depart-13

ment of Transportation for matters relating to missing14

persons who are Coast Guard personnel.15

‘‘(2) The Secretary of Transportation shall prescribe16

procedures for the determination of the status of persons17

described in subsection (e) who are personnel of the Coast18

Guard and for the collection, analysis, review, and update19

of information on such persons. To the maximum extent20

practicable, the procedures prescribed under this para-21

graph shall be similar to the procedures prescribed by the22

Secretary of Defense under subsection (c).23

‘‘(e) COVERED PERSONS.—Section 1502 of this title24

applies in the case of any member of the armed forces25

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•S 1026 PCS

on active duty who becomes involuntarily absent as a re-1

sult of a hostile action, or under circumstances suggesting2

that the involuntary absence is a result of a hostile action,3

and whose status is undetermined or who is unaccounted4

for.5

‘‘(f) PRIMARY NEXT OF KIN.—The individual who is6

primary next of kin of any person prescribed in subsection7

(e) may for purposes of this chapter designate another in-8

dividual to act on behalf of that individual as primary next9

of kin. The Secretary concerned shall treat an individual10

so designated as if the individual designated were the pri-11

mary next of kin for purposes of this chapter. A designa-12

tion under this subsection may be revoked at any time by13

the person who made the designation.14

‘‘(g) TERMINATION OF APPLICABILITY OF PROCE-15

DURES WHEN MISSING PERSON IS ACCOUNTED FOR.—16

The provisions of this chapter relating to boards of inquiry17

and to the actions by the Secretary concerned on the re-18

ports of those boards shall cease to apply in the case of19

a missing person upon the person becoming accounted for20

or otherwise being determined to be in a status other than21

missing.22

‘‘§ 1502. Missing persons: initial report23

‘‘(a) PRELIMINARY ASSESSMENT AND RECOMMENDA-24

TION BY COMMANDER.—After receiving information that25

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•S 1026 PCS

the whereabouts or status of a person described in section1

1501(e) of this title is uncertain and that the absence of2

the person may be involuntary, the commander of the unit,3

facility, or area to or in which the person is assigned shall4

make a preliminary assessment of the circumstances. If,5

as a result of that assessment, the commander concludes6

that the person is missing, the commander shall—7

‘‘(1) recommend that the person be placed in a8

missing status; and9

‘‘(2) transmit that recommendation to the Sec-10

retary of Defense or the Secretary having jurisdic-11

tion over the missing person in accordance with pro-12

cedures prescribed under section 1501 of this title.13

‘‘(b) FORWARDING OF RECORDS.—The commander14

making the initial assessment shall (in accordance with15

procedures prescribed under section 1501 of this title)16

safeguard and forward for official use any information re-17

lating to the whereabouts or status of a missing person18

that result from the preliminary assessment or from ac-19

tions taken to locate the person.20

‘‘§ 1503. Actions of Secretary concerned; initial board21

inquiry22

‘‘(a) DETERMINATION BY SECRETARY.—(1) Upon23

receiving a recommendation on the status of a person24

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•S 1026 PCS

under section 1502(a)(2) of this title, the Secretary receiv-1

ing the recommendation shall review the recommendation.2

‘‘(2) After reviewing the recommendation on the sta-3

tus of a person, the Secretary shall—4

‘‘(A) make a determination whether the person5

shall be declared missing; or6

‘‘(B) if the Secretary determines that a status7

other than missing may be warranted for the person,8

appoint a board under this section to carry out an9

inquiry into the whereabouts or status of the person.10

‘‘(b) INQUIRIES INVOLVING MORE THAN ONE MISS-11

ING PERSON.—If it appears to the Secretary who appoints12

a board under this section that the absence or missing13

status of two or more persons is factually related, the Sec-14

retary may appoint a single board under this section to15

conduct the inquiry into the whereabouts or status of such16

persons.17

‘‘(c) COMPOSITION.—(1) A board appointed under18

this section to inquire into the whereabouts or status of19

a person shall consist of at least one military officer who20

has experience with and understanding of military oper-21

ations or activities similar to the operation or activity in22

which the person disappeared.23

‘‘(2) An individual may be appointed as a member24

of a board under this section only if the individual has25

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•S 1026 PCS

a security clearance that affords the individual access to1

all information relating to the whereabouts and status of2

the missing persons covered by the inquiry.3

‘‘(3) The Secretary who appoints a board under this4

subsection shall, for purposes of providing legal counsel5

to the board, assign to the board a judge advocate, or ap-6

point to the board an attorney, who has expertise in the7

law relating to missing persons, the determination of8

death of such persons, and the rights of family members9

and dependents of such persons.10

‘‘(d) DUTIES OF BOARD.—A board appointed to con-11

duct an inquiry into the whereabouts or status of a miss-12

ing person under this section shall—13

‘‘(1) collect, develop, and investigate all facts14

and evidence relating to the disappearance, where-15

abouts, or status of the person;16

‘‘(2) collect appropriate documentation of the17

facts and evidence covered by the investigation;18

‘‘(3) analyze the facts and evidence, make find-19

ings based on that analysis, and draw conclusions as20

to the current whereabouts and status of the person;21

and22

‘‘(4) with respect to each person covered by the23

inquiry, recommend to the Secretary who appointed24

the board that—25

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•S 1026 PCS

‘‘(A) the person be placed in a missing sta-1

tus; or2

‘‘(B) the person be declared to have de-3

serted, to be absent without leave, or to be4

dead.5

‘‘(e) BOARD PROCEEDINGS.—During the proceedings6

of an inquiry under this section, a board shall—7

‘‘(1) collect, record, and safeguard all facts,8

documents, statements, photographs, tapes, mes-9

sages, maps, sketches, reports, and other informa-10

tion (whether classified or unclassified) relating to11

the whereabouts or status of each person covered by12

the inquiry;13

‘‘(2) gather information relating to actions14

taken to find the person, including any evidence of15

the whereabouts or status of the person arising from16

such actions; and17

‘‘(3) maintain a record of its proceedings.18

‘‘(f) ACCESS TO PROCEEDINGS.—The proceedings of19

a board during an inquiry under this section shall be20

closed to the public (including, with respect to the person21

covered by the inquiry, the primary next of kin, other22

members of the immediate family, and any other pre-23

viously designated person of the person).24

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•S 1026 PCS

‘‘(g) RECOMMENDATION ON STATUS OF MISSING1

PERSONS.—(1) Upon completion of its inquiry, a board2

appointed under this section shall make a recommendation3

to the Secretary who appointed the board as to the appro-4

priate determination of the current whereabouts or status5

of each person whose whereabouts and status were covered6

by the inquiry.7

‘‘(2)(A) A board may not recommend under para-8

graph (1) that a person be declared dead unless the board9

determines that the evidence before it established conclu-10

sive proof of the death of the person.11

‘‘(B) In this paragraph, the term ‘conclusive proof12

of death’ means credible evidence establishing that death13

is the only credible explanation for the absence of the per-14

son.15

‘‘(h) REPORT.—(1) A board appointed under this sec-16

tion shall submit to the Secretary who appointed the board17

a report on the inquiry carried out by the board. The re-18

port shall include—19

‘‘(A) a discussion of the facts and evidence con-20

sidered by the board in the inquiry;21

‘‘(B) the recommendation of the board under22

subsection (g) with respect to each person covered23

by the report; and24

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•S 1026 PCS

‘‘(C) disclosure of whether classified documents1

and information were reviewed by the board or were2

otherwise used by the board in forming rec-3

ommendations under subparagraph (B).4

‘‘(2) A board shall submit a report under this sub-5

section with respect to the inquiry carried out by the board6

not later than 30 days after the date of the appointment7

of the board to carry out the inquiry.8

‘‘(3) A report submitted under this subsection with9

respect to a missing person may not be made public until10

one year after the date on which the report is submitted,11

and not without the approval of the primary next of kin12

of the person.13

‘‘(i) DETERMINATION BY SECRETARY.—(1) Not later14

than 30 days after the receipt of a report from a board15

under subsection (j), the Secretary receiving the report16

shall review the report.17

‘‘(2) In reviewing a report under paragraph (1) the18

Secretary shall determine whether or not the report is19

complete and free of administrative error. If the Secretary20

determines that the report is incomplete, or that the re-21

port is not free of administrative error, the Secretary may22

return the report to the board for further action on the23

report by the board.24

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•S 1026 PCS

‘‘(3) Upon a determination by the Secretary that a1

report reviewed under this subsection is complete and free2

of administrative error, the Secretary shall make a deter-3

mination concerning the status of each person covered by4

the report, including whether the person shall—5

‘‘(A) be declared missing;6

‘‘(B) be declared to have deserted;7

‘‘(C) be declared to be absent without leave; or8

‘‘(D) be declared to be dead.9

‘‘(j) REPORT TO FAMILY MEMBERS AND OTHER IN-10

TERESTED PERSONS.—Not later than 30 days after the11

date on which the Secretary concerned makes a determina-12

tion of the status of a person under subsection (a)(2) or13

(i), the Secretary shall take reasonable actions to—14

‘‘(1) provide to the primary next of kin, the15

other members of the immediate family, and any16

other previously designated person of the person—17

‘‘(A) an unclassified summary of the unit18

commander’s report with respect to the person19

under section 1502(a) of this title; and20

‘‘(B) if a board was appointed to carry out21

an inquiry into the person under this section,22

the report of the board (including the names of23

the members of the board) under subsection24

(h); and25

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•S 1026 PCS

‘‘(2) inform each individual referred to in para-1

graph (1) that the United States will conduct a sub-2

sequent inquiry into the whereabouts or status of3

the person on or about one year after the date of the4

first official notice of the disappearance of the per-5

son, unless information becomes available sooner6

that may result in a change in status of the person.7

‘‘(k) TREATMENT OF DETERMINATION.—Any deter-8

mination of the status of a missing person under sub-9

section (a)(2) or (i) shall be treated as the determination10

of the status of the person by all departments and agen-11

cies of the United States.12

‘‘§ 1504. Subsequent board of inquiry13

‘‘(a) ADDITIONAL BOARD.—If information that may14

result in a change of status of a person covered by a deter-15

mination under subsection (a)(2) or (i) of section 150316

of this title becomes available within one year after the17

date of the transmission of a report with respect to the18

person under section 1502(a)(2) of this title, the Secretary19

concerned shall appoint a board under this section to con-20

duct an inquiry into the information.21

‘‘(b) DATE OF APPOINTMENT.—The Secretary con-22

cerned shall appoint a board under this section to conduct23

an inquiry into the whereabouts and status of a missing24

person on or about one year after the date of the trans-25

219

•S 1026 PCS

mission of a report concerning the person under section1

1502(a)(2) of this title.2

‘‘(c) COMBINED INQUIRIES.—If it appears to the Sec-3

retary concerned that the absence or status of two or more4

persons is factually related, the Secretary may appoint one5

board under this section to conduct the inquiry into the6

whereabouts or status of such persons.7

‘‘(d) COMPOSITION.—(1) Subject to paragraphs (2)8

and (3), a board appointed under this section shall consist9

of not less than three officers having the grade of major10

or lieutenant commander or above.11

‘‘(2) The Secretary concerned shall designate one12

member of a board appointed under this section as presi-13

dent of the board. The president of the board shall have14

a security clearance that affords the president access to15

all information relating to the whereabouts and status of16

each person covered by the inquiry.17

‘‘(3) One member of each board appointed under this18

subsection shall be an individual who—19

‘‘(A) has a occupational specialty similar to20

that of one or more of the persons covered by the21

inquiry; and22

‘‘(B) has an understanding of and expertise in23

the type of official activities that one or more such24

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•S 1026 PCS

persons were engaged in at the time such person or1

persons disappeared.2

‘‘(4) The Secretary who appoints a board under this3

subsection shall, for purposes of providing legal counsel4

to the board, assign to the board a judge advocate, or ap-5

point to the board an attorney, who has expertise in the6

law relating to missing persons, the determination of7

death of such persons, and the rights of family members8

and dependents of such persons.9

‘‘(e) DUTIES OF BOARD.—A board appointed under10

this section to conduct an inquiry into the whereabouts11

or status of a person shall—12

‘‘(1) review the report with respect to the per-13

son transmitted under section 1502(a)(2) of this14

title, and the report, if any, submitted under sub-15

section (h) of section 1503 of this title by the board16

appointed to conduct inquiry into the status of the17

person under such section 1503;18

‘‘(2) collect and evaluate any document, fact, or19

other evidence with respect to the whereabouts or20

status of the person that has become available since21

the determination of the status of the person under22

section 1503 of this title;23

‘‘(3) draw conclusions as to the whereabouts or24

status of the person;25

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•S 1026 PCS

‘‘(4) determine on the basis of the activities1

under paragraphs (1) and (2) whether the status of2

the person should be continued or changed; and3

‘‘(5) submit to the Secretary concerned a report4

describing the findings and conclusions of the board,5

together with a recommendation for a determination6

by the Secretary concerning the whereabouts or sta-7

tus of the person.8

‘‘(f) ATTENDANCE OF FAMILY MEMBERS AND CER-9

TAIN OTHER INTERESTED PERSONS AT PROCEEDINGS.—10

(1) With respect to any person covered by a inquiry under11

this section, the primary next of kin, other members of12

the immediate family, and any other previously designated13

person of the person may attend the proceedings of the14

board during the inquiry.15

‘‘(2) The Secretary concerned shall take reasonable16

actions to notify each individual referred to in paragraph17

(1) of the opportunity to attend the proceedings of a18

board. Such notice shall be provided not less than 60 days19

before the first meeting of the board.20

‘‘(3) An individual who receives notice under para-21

graph (2) shall notify the Secretary of the intent, if any,22

of that individual to attend the proceedings of the board23

not later than 21 days after the date on which the individ-24

ual receives the notice.25

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•S 1026 PCS

‘‘(4) Each individual who notifies the Secretary under1

paragraph (3) of the individual’s intent to attend the pro-2

ceedings of the board—3

‘‘(A) in the case of a individual who is the pri-4

mary next of kin or other member of the immediate5

family of a missing person whose status is a subject6

of the inquiry and whose receipt of the pay or allow-7

ances (including allotments) of the person could be8

reduced or terminated as a result of a revision in the9

status of the person, may attend the proceedings of10

the board with private counsel;11

‘‘(B) shall have access to the personnel file of12

the missing person, to unclassified reports, if any, of13

the board appointed under section 1503 of this title14

to conduct the inquiry into the whereabouts and sta-15

tus of the person, and to any other unclassified in-16

formation or documents relating to the whereabouts17

and status of the person;18

‘‘(C) shall be afforded the opportunity to19

present information at the proceedings of the board20

that such individual considers to be relevant to those21

proceedings; and22

‘‘(D) subject to paragraph (5), shall be given23

the opportunity to submit in writing an objection to24

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•S 1026 PCS

any recommendation of the board under subsection1

(h) as to the status of the missing person.2

‘‘(5)(A) Individuals who wish to file objections under3

paragraph (4)(D) to any recommendation of the board4

shall—5

‘‘(i) submit a letter of intent to the president of6

the board not later than 2 days after the date on7

which the recommendations are made; and8

‘‘(ii) submit to the president of the board the9

objections in writing not later than 15 days after the10

date on which the recommendations are made.11

‘‘(B) The president of a board shall include any objec-12

tions to a recommendation of the board that are submitted13

to the president of the board under subparagraph (A) in14

the report of the board containing the recommendation15

under subsection (h).16

‘‘(6) An individual referred to in paragraph (1) who17

attends the proceedings of a board under this subsection18

shall not be entitled to reimbursement by the United19

States for any costs (including travel, lodging, meals, local20

transportation, legal fees, transcription costs, witness ex-21

penses, and other expenses) incurred by that individual22

in attending such proceedings.23

‘‘(g) AVAILABILITY OF INFORMATION TO BOARDS.—24

(1) In conducting proceedings in an inquiry under this sec-25

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•S 1026 PCS

tion, a board may secure directly from any department1

or agency of the United States any information that the2

board considers necessary in order to conduct the proceed-3

ings.4

‘‘(2) Upon written request from the president of a5

board, the head of a department or agency of the United6

States shall release information covered by the request to7

the board. In releasing such information, the head of the8

department or agency shall—9

‘‘(A) declassify to an appropriate degree classi-10

fied information; or11

‘‘(B) release the information in a manner not12

requiring the removal of markings indicating the13

classified nature of the information.14

‘‘(3)(A) If a request for information under paragraph15

(2) covers classified information that cannot be declas-16

sified, cannot be removed before release from the informa-17

tion covered by the request, or cannot be summarized in18

a manner that prevents the release of classified informa-19

tion, the classified information shall be made available20

only to the president of the board making the request.21

‘‘(B) The president of a board shall close to persons22

who do not have appropriate security clearances the pro-23

ceeding of the board at which classified information is dis-24

cussed. Participants at a proceeding of a board at which25

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•S 1026 PCS

classified information is discussed shall comply with all ap-1

plicable laws and regulations relating to the disclosure of2

classified information. The Secretary concerned shall as-3

sist the president of a board in ensuring that classified4

information is not compromised through board proceed-5

ings.6

‘‘(h) RECOMMENDATION ON STATUS.—(1) Upon7

completion of an inquiry under this subsection, a board8

shall make a recommendation as to the current where-9

abouts or status of each missing person covered by the10

inquiry.11

‘‘(2) A board may not recommend under paragraph12

(1) that a person be declared dead unless—13

‘‘(A) proof of death is established by the board;14

or15

‘‘(B) in making the recommendation, the board16

complies with section 1507 of this title.17

‘‘(i) REPORT.—A board appointed under this section18

shall submit to the Secretary concerned a report on the19

inquiry carried out by the board, together with the evi-20

dence considered by the board during the inquiry. The re-21

port may include a classified annex.22

‘‘(j) ACTIONS BY SECRETARY CONCERNED.—(1) Not23

later than 30 days after the receipt of a report from a24

board under subsection (i), the Secretary shall review—25

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•S 1026 PCS

‘‘(A) the report; and1

‘‘(B) the objections, if any, to the report sub-2

mitted to the president of the board under sub-3

section (f)(5).4

‘‘(2) In reviewing a report under paragraph (1) (in-5

cluding the objections described in subparagraph (B) of6

that paragraph), the Secretary concerned shall determine7

whether or not the report is complete and free of adminis-8

trative error. If the Secretary determines that the report9

is incomplete, or that the report is not free of administra-10

tive error, the Secretary may return the report to the11

board for further action on the report by the board.12

‘‘(3) Upon a determination by the Secretary that a13

report reviewed under this subsection is complete and free14

of administrative error, the Secretary shall make a deter-15

mination concerning the status of each person covered by16

the report.17

‘‘(k) REPORT TO FAMILY MEMBERS AND OTHER IN-18

TERESTED PERSONS.—Not later than 60 days after the19

date on which the Secretary concerned makes a determina-20

tion with respect to a missing person under subsection (j),21

the Secretary shall—22

‘‘(1) provide an unclassified summary of the re-23

port reviewed by the Secretary in making the deter-24

mination to the primary next of kin, the other mem-25

227

•S 1026 PCS

bers of the immediate family, and any other pre-1

viously designated person of the person; and2

‘‘(2) in the case of a person who continues to3

be in a missing status, inform each individual re-4

ferred to in paragraph (1) that the United States5

will conduct subsequent inquiries into the where-6

abouts or status of the person upon obtaining credi-7

ble information that may result in a change in the8

status of the person.9

‘‘(l) TREATMENT OF DETERMINATION.—Any deter-10

mination of the status of a missing person under sub-11

section (j) shall supersede the determination of the status12

of the person under section 1503 of this title and shall13

be treated as the determination of the status of the person14

by all departments and agencies of the United States.15

‘‘§ 1505. Further review16

‘‘(a) SUBSEQUENT REVIEW.—(1) The Secretary con-17

cerned shall conduct subsequent inquiries into the where-18

abouts or status of any person determined by the Sec-19

retary under section 1504 of this title to be in a missing20

status.21

‘‘(2) The Secretary concerned shall appoint a board22

to conduct an inquiry with respect to a person under this23

subsection upon obtaining credible information that may24

result in a change of status of the person.25

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•S 1026 PCS

‘‘(b) CONDUCT OF PROCEEDINGS.—The appointment1

of, and activities before, a board appointed under this sec-2

tion shall be governed by the provisions of section 15043

of this title with respect to a board appointed under that4

section.5

‘‘§ 1506. Personnel files6

‘‘(a) INFORMATION IN FILES.—Except as provided in7

subsections (b), (c), and (d), the Secretary of the depart-8

ment having jurisdiction over a missing person at the time9

of the person’s disappearance shall, to the maximum ex-10

tent practicable, ensure that the personnel file of the per-11

son contains all information in the possession of the Unit-12

ed States relating to the disappearance and whereabouts13

or status of the person.14

‘‘(b) CLASSIFIED INFORMATION.—(1) The Secretary15

concerned may withhold classified information from a per-16

sonnel file under this section.17

‘‘(2) If the Secretary concerned withholds classified18

information from a personnel file, the Secretary shall en-19

sure that the file contains the following:20

‘‘(A) A notice that the withheld information ex-21

ists.22

‘‘(B) A notice of the date of the most recent re-23

view of the classification of the withheld information.24

229

•S 1026 PCS

‘‘(c) PROTECTION OF PRIVACY.—The Secretary con-1

cerned shall maintain personnel files under this section,2

and shall permit disclosure of or access to such files, in3

accordance with the provisions of section 552a of title 54

and with other applicable laws and regulations pertaining5

to the privacy of the persons covered by the files.6

‘‘(d) PRIVILEGED INFORMATION.—The Secretary7

concerned shall withhold reports obtained as privileged in-8

formation from the personnel files under this section. If9

the Secretary withholds a report from a personnel file10

under this subsection, the Secretary shall ensure that the11

file contains a notice that the withheld information exists.12

‘‘(e) WRONGFUL WITHHOLDING.—Except as other-13

wise provided by law, any person who knowingly and will-14

fully withholds from the personnel file of a missing person15

any information relating to the disappearance or where-16

abouts or status of a missing person shall be fined as pro-17

vided in title 18 or imprisoned not more than one year,18

or both.19

‘‘(f) AVAILABILITY OF INFORMATION.—The Sec-20

retary concerned shall, upon request, make available the21

contents of the personnel file of a missing person to the22

primary next of kin, the other members of the immediate23

family, or any other previously designated person of the24

person.25

230

•S 1026 PCS

‘‘§ 1507. Recommendation of status of death1

‘‘(a) REQUIREMENTS RELATING TO RECOMMENDA-2

TION.—A board appointed under section 1504 or 1505 of3

this title may not recommend that a person be declared4

dead unless—5

‘‘(1) credible evidence exists to suggest that the6

person is dead;7

‘‘(2) the United States possesses no credible8

evidence that suggests that the person is alive;9

‘‘(3) representatives of the United States have10

made a complete search of the area where the per-11

son was last seen (unless, after making a good faith12

effort to obtain access to such area, such representa-13

tives are not granted such access); and14

‘‘(4) representatives of the United States have15

examined the records of the government or entity16

having control over the area where the person was17

last seen (unless, after making a good faith effort to18

obtain access to such records, such representatives19

are not granted such access).20

‘‘(b) SUBMITTAL OF INFORMATION ON DEATH.—If21

a board appointed under section 1504 or 1505 of this title22

makes a recommendation that a missing person be de-23

clared dead, the board shall, to the maximum extent prac-24

ticable, include in the report of the board with respect to25

the person under such section the following:26

231

•S 1026 PCS

‘‘(1) A detailed description of the location1

where the death occurred.2

‘‘(2) A statement of the date on which the3

death occurred.4

‘‘(3) A description of the location of the body,5

if recovered.6

‘‘(4) If the body has been recovered and is not7

identifiable through visual means, a certification by8

a practitioner of an appropriate forensic science that9

the body recovered is that of the missing person.10

‘‘§ 1508. Return alive of person declared missing or11

dead12

‘‘(a) PAY AND ALLOWANCES.—Any person (except13

for a person subsequently determined to have been absent14

without leave or a deserter) in a missing status or declared15

dead under the Missing Persons Act of 1942 (56 Stat.16

143) or chapter 10 of title 37 or by a board appointed17

under this chapter who is found alive and returned to the18

control of the United States shall be paid for the full time19

of the absence of the person while given that status or20

declared dead under the law and regulations relating to21

the pay and allowances of persons returning from a miss-22

ing status.23

‘‘(b) EFFECT ON GRATUITIES PAID AS A RESULT OF24

STATUS.—Subsection (a) shall not be interpreted to invali-25

232

•S 1026 PCS

date or otherwise affect the receipt by any person of a1

death gratuity or other payment from the United States2

on behalf of a person referred to in subsection (a) before3

the date of the enactment of this chapter.4

‘‘§ 1509. Effect on State law5

‘‘Nothing in this chapter shall be construed to invali-6

date or limit the power of any State court or administra-7

tive entity, or the power of any court or administrative8

entity of any political subdivision thereof, to find or de-9

clare a person dead for purposes of such State or political10

subdivision.11


‘‘In this chapter:13

‘‘(1) The term ‘missing person’ means a mem-14

ber of the armed forces on active duty who is in a15

missing status.16

‘‘(2) The term ‘missing status’ means the sta-17

tus of a missing person who is determined to be ab-18

sent in a category of—19

‘‘(A) missing;20

‘‘(B) missing in action;21

‘‘(C) interned in a foreign country;22

‘‘(D) captured;23

‘‘(E) beleaguered;24

‘‘(F) besieged; or25

233

•S 1026 PCS

‘‘(G) detained.1

‘‘(3) The term ‘accounted for’, with respect to2

a person in a missing status, means that—3

‘‘(A) the person is returned to United4

States control alive;5

‘‘(B) the remains of the person are identi-6

fied by competent authority; or7

‘‘(C) credible evidence exists to support an-8

other determination of the person’s status.9

‘‘(4) The term ‘primary next of kin’, in the case10

of a missing person, means the individual authorized11

to direct disposition of the remains of the person12

under section 1482(c) of this title.13

‘‘(5) The term ‘member of the immediate fam-14

ily’, in the case of a missing person, means the fol-15

lowing:16

‘‘(A) The spouse of the person.17

‘‘(B) A natural child, adopted child, step18

child, or illegitimate child (if acknowledged by19

the person or parenthood has been established20

by a court of competent jurisdiction) of the per-21

son, except that if such child has not attained22

the age of 18 years, the term means a surviving23

parent or legal guardian of such child.24

234

•S 1026 PCS

‘‘(C) A biological parent of the person, un-1

less legal custody of the person by the parent2

has been previously terminated by reason of a3

court decree or otherwise under law and not re-4

stored.5

‘‘(D) A brother or sister of the person, if6

such brother or sister has attained the age of7

18 years.8

‘‘(E) Any other blood relative or adoptive9

relative of the person, if such relative was given10

sole legal custody of the person by a court de-11

cree or otherwise under law before the person12

attained the age of 18 years and such custody13

was not subsequently terminated before that14

time.15

‘‘(6) The term ‘previously designated person’, in16

the case of a missing person, means an individual17

designated by the person under section 655 of this18

title for purposes of this chapter.19

‘‘(7) The term ‘classified information’ means20

any information determined as such under applicable21

laws and regulations of the United States.22

‘‘(8) The term ‘State’ includes the District of23

Columbia, the Commonwealth of Puerto Rico, and24

any territory or possession of the United States.25

235

•S 1026 PCS

‘‘(9) The term ‘Secretary concerned’ includes1

the Secretary of Transportation with respect to the2

Coast Guard when it is not operating as a service3

in the Department of the Navy.4

‘‘(10) The term ‘armed forces’ includes Coast5

Guard personnel operating in conjunction with, in6

support of, or under the command of a unified com-7

batant command (as that term is used in section 68

of this title).’’.9

(2) The tables of chapters at the beginning of subtitle10

A, and at the beginning of part II of subtitle A, of title11

10, United States Code, are amended by inserting after12

the item relating to chapter 75 the following new item:13

‘‘76. Missing Persons ................................................................................ 1501’’.

(c) CONFORMING AMENDMENTS.—Chapter 10 of title14

37, United States Code, is amended as follows:15

(1) Section 555 is amended—16

(A) in subsection (a), by striking out17

‘‘when a member’’ and inserting in lieu thereof18

‘‘except as provided in subsection (d), when a19

member’’; and20

(B) by adding at the end the following new21

subsection:22

‘‘(d) This section does not apply in a case to which23

section 1502 of title 10 applies.’’.24


236

•S 1026 PCS

(A) in subsection (a), by striking out ‘‘for1

all purposes,’’ in the second sentence of the2

matter following paragraph (2) and all that fol-3

lows through the end of the sentence and in-4

serting in lieu thereof ‘‘for all purposes.’’;5

(B) in subsection (b), by inserting ‘‘or6

under chapter 76 of title 10’’ before the period7

at the end; and8

(C) in subsection (e), by inserting ‘‘or9

under chapter 76 of title 10’’ after ‘‘section 55510

of this title’’ after ‘‘section 555 of this title’’.11


(A) in subsection (f), by striking out ‘‘the13

date the Secretary concerned receives evidence14

that’’ and inserting in lieu thereof ‘‘the date on15

which, in a case covered by section 555 of this16

title, the Secretary concerned receives evidence,17

or, in a case covered by chapter 76 of title 10,18

the Secretary concerned determines pursuant to19

that chapter that’’; and20

(B) in subsection (g), by inserting ‘‘or21

under chapter 76 of title 10’’ after section 55522

of this title’’.23


237

•S 1026 PCS

(A) in subsection (a), by inserting after1

paragraph (7) the following: ‘‘Paragraphs (1),2

(5), (6), and (7) shall only apply with respect3

to a case to which section 555 of this title ap-4

plies.’’;5

(B) in subsection (b), by inserting ‘‘, in a6

case to which section 555 of this title applies,’’7

after ‘‘When the Secretary concerned’’; and8

(C) In subsection (h)—9

(i) in the first sentence, by striking10

out ‘‘status’’ and inserting in lieu thereof11

‘‘pay’’; and12

(ii) in the second sentence, by insert-13

ing ‘‘in a case to which section 555 of this14

title applies’’ after ‘‘under this section’’.15

(d) DESIGNATION OF INDIVIDUALS HAVING INTER-16

EST IN STATUS OF SERVICE MEMBERS.—(1) Chapter 3717


the end the following new section:19

‘‘§ 655. Designation of persons having interest in sta-20

tus of a missing member21

‘‘(a) The Secretary concerned shall, upon the enlist-22

ment or appointment of a person in the armed forces, re-23

quire that the person specify in writing the person or per-24

sons, if any, other than that person’s primary next of kin25

238

•S 1026 PCS

or immediate family, to whom information on the where-1

abouts or status of the member shall be provided if such2

whereabouts or status are investigated under chapter 763

of this title. The Secretary shall periodically, and whenever4

the member is deployed as part of a contingency operation5

or in other circumstances specified by the Secretary, re-6

quire that such designation be reconfirmed, or modified,7

by the member.8

‘‘(b) The Secretary concerned shall, upon the request9

of a member, permit the member to revise the person or10

persons specified by the member under subsection (a) at11

any time. Any such revision shall be in writing.’’.12

(2) The table of sections at the beginning of such13

chapter is amended by adding at the end the following14

new item:15

‘‘655. Designation of persons having interest in status of a missing member.’’.

(e) ACCOUNTING FOR CIVILIAN EMPLOYEE AND CON-16

TRACTORS OF THE UNITED STATES.—(1) The Secretary17

of State shall carry out a comprehensive study of the Miss-18

ing Persons Act of 1942 (56 Stat. 143), and any other19

laws and regulations establishing procedures for the ac-20

counting for of civilian employees of the United States or21

contractors of the United States who serve with or accom-22

pany the Armed Forces in the field. The purpose of the23

study is to determine the means, if any, by which such24

procedures may be improved.25

239

•S 1026 PCS

(2) The Secretary of State shall carry out the study1

required under paragraph (1) in consultation with the Sec-2

retary of Defense, the Secretary of Transportation, the3

Director of Central Intelligence, and the heads of such4

other departments and agencies of the Federal Govern-5

ment as the President shall designate for that purpose.6

(3) In carrying out the study, the Secretary of State7

shall examine the procedures undertaken when a civilian8

employee referred to in paragraph (1) becomes involuntar-9

ily absent as a result of a hostile action, or under cir-10

cumstances suggesting that the involuntary absence is a11

result of a hostile action, and whose status is undeter-12

mined or who is unaccounted for, including procedures13

for—14

(A) search and rescue for the employee;15

(B) determining the status of the employee;16

(C) reviewing and changing the status of the17

employee;18

(D) determining the rights and benefits ac-19

corded to the family of the employee; and20

(E) maintaining and providing appropriate ac-21

cess to the records of the employee and the inves-22

tigation into the status of the employee.23

(4) Not later than one year after the date of the en-24

actment of this Act, the Secretary of State shall submit25

240

•S 1026 PCS

to the Committee on Armed Services of the Senate and1

the Committee on National Security of the House of Rep-2

resentatives a report on the study carried out by the Sec-3

retary under this subsection. The report shall include the4

recommendations, if any, of the Secretary for legislation5

to improve the procedures covered by the study.6

SEC. 552. SERVICE NOT CREDITABLE FOR PERIODS OF UN-7

AVAILABILITY OR INCAPACITY DUE TO MIS-8

CONDUCT.9

(a) ENLISTED SERVICE CREDIT.—Section 972 of10


(1) by striking out paragraphs (3) and (4) and12

inserting in lieu thereof the following:13

‘‘(3) is confined by military or civilian authori-14

ties for more than one day in connection with a trial,15

whether before, during, or after the trial; or’’; and16

(2) by redesignating paragraph (5) paragraph17

(4).18

(b) OFFICER SERVICE CREDIT.—Chapter 49 of title19

10, United States Code, is amended by inserting after sec-20

tion 972 the following new section:21

‘‘§ 972a. Officers: service not creditable22

‘‘(a) IN GENERAL.—Except as provided in subsection23

(b), an officer of an armed force may not receive credit24

241

•S 1026 PCS

for service in the armed forces for any purpose for a period1

for which the officer—2

‘‘(1) deserts;3

‘‘(2) is absent from the officer’s organization,4

station, or duty for more than one day without prop-5

er authority, as determined by competent authority;6

‘‘(3) is confined by military or civilian authori-7

ties for more than one day in connection with a trial,8

whether before, during, or after the trial; or9

‘‘(4) is unable for more than one day, as deter-10

mined by competent authority, to perform the offi-11

cer’s duties because of intemperate use of drugs or12

alcoholic liquor, or because of disease or injury re-13

sulting from the officer’s misconduct.14

‘‘(b) INAPPLICABILITY TO COMPUTATION OF BASIC15

PAY.—Subsection (a) does not apply to a determination16

of the amount of basic pay of the officer under section17

205 of title 37.’’.18

(c) ARMY COMPUTATION OF YEARS OF SERVICE.—19

Section 3926 of title 10, United States Code, is amended20

by adding at the end the following new subsection:21

‘‘(e) A period for which service credit is denied under22

section 972a(a) of this title may not be counted for pur-23

poses of computing years of service under this section.’’.24

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•S 1026 PCS

(d) NAVY COMPUTATION OF YEARS OF SERVICE.—1

Chapter 571 of title 10, United States Code, is amended2

by inserting after section 6327 the following new section:3

‘‘§ 6328. Computation of years of service: service not4

creditable5

‘‘(a) ENLISTED MEMBERS.—Years of service com-6

puted under this chapter may not include a period of un-7

availability or incapacity to perform duties that is required8

under section 972 of this title to be made up by perform-9

ance of service for an additional period.10

‘‘(b) OFFICERS.—A period for which service credit is11

denied under section 972a(a) of this title may not be12

counted for purposes of computing years of service under13

this chapter.’’.14

(e) AIR FORCE COMPUTATION OF YEARS OF SERV-15

ICE.—Section 8926 of title 10, United States Code, is16

amended by adding at the end the following new sub-17

section:18

‘‘(d) A period for which service credit is denied under19

section 972a(a) of this title may not be counted for pur-20

poses of computing years of service under this section.’’.21

(f) CLERICAL AMENDMENTS.—(1) The table of sec-22

tions at the beginning of chapter 49 of title 10, United23

States Code, is amended by inserting after the item relat-24

ing to section 972 the following:25

‘‘972a. Officers: service not creditable.’’.

243

•S 1026 PCS


571 of title 10, United States Code, is amended by insert-2

ing after the item relating to section 6327 the following3

new item:4

‘‘6328. Computation of years of service: service not creditable.’’.

(g) EFFECTIVE DATE AND APPLICABILITY.—The5

amendments made by this section shall take effect on Oc-6

tober 1, 1995, and shall apply to occurrences on or after7

that date of unavailability or incapacity to perform duties8

as described in section 972 or 972a of title 10, United9

States Code, as the case may be.10

SEC. 553. SEPARATION IN CASES INVOLVING EXTENDED11

CONFINEMENT.12

(a) SEPARATION.—(1)(A) Chapter 59 of title 10,13

United States Code, is amended by adding at the end the14

following:15

‘‘§ 1178. Persons under confinement for one year or16

more17

‘‘Except as otherwise provided in regulations pre-18

scribed by the Secretary of Defense, a person sentenced19

by a court-martial to a period of confinement for one year20

or more may be separated from the person’s armed force21

at any time after the sentence to confinement has become22

final under chapter 47 of this title and the person has23

served in confinement for a period of one year.’’.24

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•S 1026 PCS

(B) The table of sections at the beginning of chapter1

59 of such title is amended by inserting at the end thereof2

the following new item:3

‘‘1178. Persons under confinement for one year or more.’’.

(2)(A) Chapter 1221 of title 10, United States Code,4

is amended by adding at the end the following:5

‘‘§ 12687. Persons under confinement for one year or6

more7

‘‘Except as otherwise provided in regulations pre-8

scribed by the Secretary of Defense, a Reserve sentenced9

by a court-martial to a period of confinement for one year10

or more may be separated from the person’s armed force11

at any time after the sentence to confinement has become12

final under chapter 47 of this title and the person has13

served in confinement for a period of one year.’’.14


1221 of such title is amended by inserting at the end16

thereof the following new item:17

‘‘12687. Persons under confinement for one year or more.’’.

(b) DROP FROM ROLLS.—(1) Section 1161(b) of title18

10, United States Code, is amended by striking out ‘‘or19

(2)’’ and inserting in lieu thereof ‘‘(2) who may be sepa-20

rated under section 1178 of this title by reason of a sen-21

tence to confinement adjudged by a court-martial, or (3)’’.22


245

•S 1026 PCS

(A) by striking out ‘‘or’’ at the end of para-1

graph (1);2

(B) by redesignating paragraph (2) as para-3

graph (3); and4

(C) by inserting after paragraph (1) the follow-5

ing new paragraph (2):6

‘‘(2) who may be separated under section7

12687 of this title by reason of a sentence to con-8

finement adjudged by a court-martial; or’’.9

SEC. 554. DURATION OF FIELD TRAINING OR PRACTICE10

CRUISE REQUIRED UNDER THE SENIOR RE-11

SERVE OFFICERS’ TRAINING CORPS PRO-12

GRAM.13

Section 2104(b)(6)(A)(ii) of title 10, United States14

Code, is amended by striking out ‘‘not less than six weeks’15

duration’’ and inserting in lieu thereof ‘‘a duration’’.16

SEC. 555. CORRECTION OF MILITARY RECORDS.17

(a) REVIEW OF PROCEDURES.—The Secretary of18

each military department shall review the system and pro-19

cedures used by the Secretary in the exercise of authority20

under section 1552 of title 10, United States Code, in21

order to identify potential improvements that could be22

made in the process for correcting military records to en-23

sure fairness, equity, and, consistent with appropriate24

service to applicants, maximum efficiency.25

246

•S 1026 PCS

(b) ISSUES REVIEWED.—In conducting the review,1

the Secretary shall consider the following issues:2

(1) The composition of the board for correction3

of military records and of the support staff for the4

board.5

(2) Timeliness of final action.6

(3) Independence of deliberations by the civilian7

board for the correction of military records.8

(4) The authority of the Secretary to modify9

the recommendations of the board.10

(5) Burden of proof and other evidentiary11

standards.12

(6) Alternative methods for correcting military13

records.14

(c) REPORT.—(1) Not later than April 1, 1996, the15

Secretary of each military department shall submit a re-16

port on the results of the Secretary’s review under this17

section to the Secretary of Defense. The report shall con-18

tain the recommendations of the Secretary of the military19

department for improving the process for correcting mili-20

tary records in order to achieve the objectives referred to21

in subsection (a).22

(2) The Secretary of Defense shall immediately trans-23

mit a copy of the report to the Committee on Armed Serv-24

247

•S 1026 PCS

ices of the Senate and the Committee on National Security1

of the House of Representatives.2

SEC. 556. LIMITATION ON REDUCTIONS IN MEDICAL PER-3

SONNEL.4

(a) LIMITATION ON REDUCTIONS.—Unless the Sec-5

retary of Defense makes the certification described in sub-6

section (b) for a fiscal year, the Secretary may not reduce7

the number of medical personnel of the Department of De-8

fense—9

(1) in fiscal year 1996, to a number that is less10

than—11

(A) 95 percent of the number of such per-12

sonnel at the end of fiscal year 1994; or13

(B) 90 percent of the number of such per-14

sonnel at the end of fiscal year 1993; and15

(2) in any fiscal year beginning after September16

30, 1996, to a number that is less than—17

(A) 95 percent of the number of such per-18

sonnel at the end of the immediately preceding19

fiscal year; or20

(B) 90 percent of the number of such per-21

sonnel at the end of the third fiscal year pre-22

ceding the fiscal year.23

248

•S 1026 PCS

(b) CERTIFICATION.—The Secretary may make a re-1

duction described in subsection (a) if the Secretary cer-2

tifies to Congress that—3

(1) the number of medical personnel of the De-4

partment that is being reduced is excess to the cur-5

rent and projected needs of the military depart-6

ments; and7

(2) such reduction will not result in an increase8

in the cost of health care services provided under the9

Civilian Health and Medical Program of the Uni-10

formed Services.11

(c) REPORT ON PLANNED REDUCTIONS.—Not later12

than March 1, 1996, the Assistant Secretary of Defense13

having responsibility for health affairs, in consultation14

with Surgeon General of the Army, the Surgeon General15

of the Navy, and the Surgeon General of the Air Force,16

shall submit to the congressional defense committees a17

plan for the reduction of the number of medical personnel18

of the Department of Defense over the 5-year period be-19

ginning on October 1, 1996.20

(d) REPEAL OF OBSOLETE PROVISIONS OF LAW.—21

(1) Section 711 of the National Defense Authorization Act22

for Fiscal Year 1991 (10 U.S.C. 115 note) is repealed.23

(2) Section 718 of the National Defense Authoriza-24

tion Act for Fiscal Years 1992 and 1993 (Public Law25

249

•S 1026 PCS

102–190; 105 Stat. 1404; 10 U.S.C. 115 note) is amended1

by striking out subsection (b).2

(3) Section 518 of the National Defense Authoriza-3


Stat. 2407) is repealed.5

(e) DEFINITION.—For purposes of this section, the6

term ‘‘medical personnel’’ has the meaning given such7

term in section 115a(g)(2) of title 10, United States Code,8

except that such term includes civilian personnel of the9

Department of Defense assigned to military medical facili-10

ties.11

SEC. 557. REPEAL OF REQUIREMENT FOR ATHLETIC DI-12

RECTOR AND NONAPPROPRIATED FUND AC-13

COUNT FOR THE ATHLETICS PROGRAMS AT14

THE SERVICE ACADEMIES.15

(a) UNITED STATES MILITARY ACADEMY.—(1) Sec-16

tion 4357 of title 10, United States Code, is repealed.17




(b) UNITED STATES NAVAL ACADEMY.—Section 55621

of the National Defense Authorization Act for Fiscal Year22

1995 (Public Law 103–337; 108 Stat. 2774) is amended23

by striking out subsections (b), (d), and (e).24

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(c) UNITED STATES AIR FORCE ACADEMY.—(1) Sec-1

tion 9356 of title 10, United States Code, is repealed.2




SEC. 558. PROHIBITION ON USE OF FUNDS FOR SERVICE6

ACADEMY PREPARATORY SCHOOL TEST PRO-7

GRAM.8

Notwithstanding any other provision of law, none of9

the funds authorized to be appropriated by this Act, or10

otherwise made available, to the Department of Defense11

may be obligated to carry out a test program for determin-12

ing the cost effectiveness of transferring to the private sec-13

tor the mission of operating one or more preparatory14

schools for the United States Military Academy, the15

United States Naval Academy, and the United States Air16

Force Academy.17

SEC. 559. CENTRALIZED JUDICIAL REVIEW OF DEPART-18

MENT OF DEFENSE PERSONNEL ACTIONS.19

(a) ESTABLISHMENT.—Not later than December 15,20

1996, the Secretary of Defense and the Attorney General21

shall jointly establish an advisory panel on centralized re-22

view of Department of Defense administrative personnel23

actions.24

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(b) MEMBERSHIP.—(1) The panel shall be composed1

of five members appointed as follows:2

(A) One member appointed by the Chief Justice3

of the United States.4

(B) Three members appointed by the Secretary5

of Defense.6

(C) One member appointed by the Attorney7

General.8

(2) The Secretary of Defense shall designate one of9

the members appointed under paragraph (1)(B) to serve10

as chairman of the panel.11

(3) All members shall be appointed not later than 3012

days after the date of the enactment of this Act.13

(4) The panel shall meet at the call of the chairman.14

The panel shall hold its first meeting not later than 3015

days after the date on which all members have been ap-16

pointed.17

(c) DUTIES.—The panel shall review, and provide18

findings and recommendations in accordance with sub-19

section (d) regarding, the following matters:20

(1) Whether the existing practices with regard21

to judicial review of administrative personnel actions22

of the Department of Defense are appropriate and23

adequate.24

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(2) Whether a centralized judicial review of ad-1

ministrative personnel actions should be established.2

(3) Whether the United States Court of Ap-3

peals for the Armed Forces should conduct such re-4

views.5

(d) REPORT.—(1) Not later than December 15,6

1996, the panel shall submit a report on the findings and7

recommendations of the panel to the Secretary of Defense8

and the Attorney General.9

(2) Not later than January 1, 1997, the Secretary10

of Defense and the Attorney General shall jointly transmit11

the panel’s report to Congress. The Secretary and the At-12

torney General may include in the transmittal any joint13

comments on the report that they consider appropriate,14

and either such official may include in the transmittal any15

separate comments on the report that such official consid-16

ers appropriate.17

(e) TERMINATION OF PANEL.—The panel shall ter-18

minate 30 days after the date of submission of the report19

to the Secretary of Defense and the Attorney General20

under subsection (d).21

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TITLE VI—COMPENSATION AND1

OTHER PERSONNEL BENEFITS2

Subtitle A—Pay and Allowances3

SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.4

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any5

adjustment required by section 1009 of title 37, United6

States Code, in elements of compensation of members of7

the uniformed services to become effective during fiscal8

year 1996 shall not be made.9

(b) INCREASE IN BASIC PAY AND BAS.—Effective on10

January 1, 1996, the rates of basic pay and basic allow-11

ance for subsistence of members of the uniformed services12

are increased by 2.4 percent.13

(c) INCREASE IN BAQ.—Effective on January 1,14

1996, the rates of basic allowance for quarters of members15

of the uniformed services are increased by 5.2 percent.16

SEC. 602. ELECTION OF BASIC ALLOWANCE FOR QUARTERS17

INSTEAD OF ASSIGNMENT TO INADEQUATE18

QUARTERS.19

(a) ELECTION AUTHORIZED.—Section 403(b) of title20

37, United States Code, is amended—21

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;22

(2) by designating the second sentence as para-23

graph (2) and, as so designated, by striking out24

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•S 1026 PCS

‘‘However, subject’’ and inserting in lieu thereof1

‘‘Subject’’; and2


‘‘(3) A member without dependents who is in pay4

grade E–6 and who is assigned to quarters of the United5

States that do not meet the minimum adequacy standards6

established by the Department of Defense for members7

in such pay grade, or to a housing facility under the juris-8

diction of a uniformed service that does not meet such9

standards, may elect not to occupy such quarters or facil-10

ity and instead to receive the basic allowance for quarters11

prescribed for his pay grade by this section.’’.12

(b) EFFECTIVE DATE.—The amendments made by13

this section shall take effect on July 1, 1996.14

SEC. 603. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS15

TO MEMBERS OF THE UNIFORMED SERVICES16

IN PAY GRADE E–6 WHO ARE ASSIGNED TO17

SEA DUTY.18

(a) PAYMENT AUTHORIZED.—Section 403(c)(2) of19


(1) in the first sentence, by striking out ‘‘E–7’’21

and inserting in lieu thereof ‘‘E–6’’; and22

(2) in the second sentence, by striking out ‘‘E–23

6’’ and inserting in lieu thereof ‘‘E–5’’.24

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•S 1026 PCS

(b) EFFECTIVE DATE.—The amendments made by1

this section shall take effect on July 1, 1996.2

SEC. 604. LIMITATION ON REDUCTION OF VARIABLE HOUS-3

ING ALLOWANCE FOR CERTAIN MEMBERS.4

(a) LIMITATION ON REDUCTION IN VHA.—Sub-5

section (c)(3) of section 403a of title 37, United States6

Code, is amended by adding at the end the following new7

sentence: ‘‘However, on and after January 1, 1996, the8

monthly amount of a variable housing allowance under9

this section for a member of a uniformed service with re-10

spect to an area may not be reduced so long as the mem-11

ber retains uninterrupted eligibility to receive a variable12

housing allowance within that area and the member’s cer-13

tified housing costs are not reduced, as indicated by cer-14

tifications provided by the member under subsection15

(b)(4).’’.16

(b) EFFECT ON TOTAL AMOUNT AVAILABLE FOR17

VHA.—Subsection (d)(3) of such section is amended by18

inserting after the first sentence the following new sen-19

tence: ‘‘In addition, the total amount determined under20

paragraph (1) shall be adjusted to ensure that sufficient21

amounts are available to allow payment of any additional22

amounts of variable housing allowance necessary as a re-23

sult of the requirements of the second sentence of sub-24

section (c)(3).’’.25

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•S 1026 PCS

(c) REPORT ON IMPLEMENTATION.—Not later than1

June 1, 1996, the Secretary of Defense shall submit to2

Congress a report describing the procedures to be used3

to implement the amendments made by this section and4

the costs of such amendments.5

SEC. 605. CLARIFICATION OF LIMITATION ON ELIGIBILITY6

FOR FAMILY SEPARATION ALLOWANCE.7

Section 427(b)(4) of title 37, United States Code, is8

amended by inserting ‘‘paragraph (1)(A) of’’ after ‘‘not9

entitled to an allowance under’’ in the first sentence.10

Subtitle B—Bonuses and Special11

and Incentive Pays12

SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE13

FORCES.14

(a) SELECTED RESERVE REENLISTMENT BONUS.—15

Section 308b(f) of title 37, United States Code, is amend-16

ed by striking out ‘‘September 30, 1996’’ and inserting17

in lieu thereof ‘‘September 30, 1997’’.18

(b) SELECTED RESERVE ENLISTMENT BONUS.—Sec-19

tion 308c(e) of title 37, United States Code, is amended20

by striking out ‘‘September 30, 1996’’ and inserting in21

lieu thereof ‘‘September 30, 1997’’.22

(c) SELECTED RESERVE AFFILIATION BONUS.—Sec-23

tion 308e(e) of title 37, United States Code, is amended24

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•S 1026 PCS

by striking out ‘‘September 30, 1996’’ and inserting in1


(d) READY RESERVE ENLISTMENT AND REENLIST-3

MENT BONUS.—Section 308h(g) of title 37, United States4

Code, is amended by striking out ‘‘September 30, 1996’’5


(e) PRIOR SERVICE ENLISTMENT BONUS.—Section7

308i(i) of title 37, United States Code, is amended by8



SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL11

PAY FOR NURSE OFFICER CANDIDATES, REG-12

ISTERED NURSES, AND NURSE ANES-13

THETISTS.14

(a) NURSE OFFICER CANDIDATE ACCESSION PRO-15

GRAM.—Section 2130a(a)(1) of title 10, United States16



(b) ACCESSION BONUS FOR REGISTERED NURSES.—19

Section 302d(a)(1) of title 37, United States Code, is20



(c) INCENTIVE SPECIAL PAY FOR NURSE ANES-23

THETISTS.—Section 302e(a)(1) of title 37, United States24

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•S 1026 PCS



SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY-3

MENT OF OTHER BONUSES AND SPECIAL4

PAYS.5

(a) AVIATION OFFICER RETENTION BONUS.—Sec-6

tion 301b(a) of title 37, United States Code, is amended7

by striking out ‘‘September 30, 1996,’’ and inserting in8


(b) REENLISTMENT BONUS FOR ACTIVE MEM-10

BERS.—Section 308(g) of title 37, United States Code, is11



(c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—14

Sections 308a(c) and 308f(c) of title 37, United States15

Code, are each amended by striking out ‘‘September 30,16

1996’’ and inserting in lieu thereof ‘‘September 30,17

1997’’.18

(d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE19

SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI-20

ORITY UNITS.—Section 308d(c) of title 37, United States21



(e) REPAYMENT OF EDUCATION LOANS FOR CER-24

TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-25

259

•S 1026 PCS

LECTED RESERVE.—Section 16302(d) of title 10, United1

States Code, is amended by striking out ‘‘October 1,2

1996’’ and inserting in lieu thereof ‘‘October 1, 1997’’.3

(f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME4

HEALTH SPECIALISTS IN THE SELECTED RESERVES.—5

Section 613(d) of the National Defense Authorization Act,6

Fiscal Year 1989 (37 U.S.C. 302 note) is amended by7



(g) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI-10

CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section11

312(e) of title 37, United States Code, is amended by12



(h) NUCLEAR CAREER ACCESSION BONUS.—Section15

312b(c) of title 37, United States Code, is amended by16



(i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—19

Section 312c(d) of title 37, United States Code, is amend-20

ed by striking out ‘‘October 1, 1996’’ and inserting in lieu21

thereof ‘‘October 1, 1997’’.22

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SEC. 614. HAZARDOUS DUTY INCENTIVE PAY FOR WAR-1

RANT OFFICERS AND ENLISTED MEMBERS2

SERVING AS AIR WEAPONS CONTROLLERS.3


amended—5

(1) in subsection (a)(11), by striking out ‘‘an6

officer (other than a warrant officer)’’ and inserting7

in lieu thereof ‘‘a member of a uniformed service’’;8

and9

(2) in subsection (c)(2)—10

(A) by striking out ‘‘an officer’’ each place11

it appears and inserting in lieu thereof ‘‘a mem-12

ber’’;13

(B) in subparagraph (A), by striking out14

the table and inserting in lieu thereof the fol-15

lowing:16

‘‘Pay gradeYears of service as an air weapons controller

2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10

‘‘O–7 and above ............ $200 $200 $200 $200 $200 $200 $200‘‘O–6 ............................. 225 250 300 325 350 350 350‘‘O–5 ............................. 200 250 300 325 350 350 350‘‘O–4 ............................. 175 225 275 300 350 350 350‘‘O–3 ............................. 125 156 188 206 350 350 350‘‘O–2 ............................. 125 156 188 206 250 300 300‘‘O–1 ............................. 125 156 188 206 250 250 250‘‘W–4 ............................. 200 225 275 300 325 325 325‘‘W–3 ............................. 175 225 275 300 325 325 325‘‘W–2 ............................. 150 200 250 275 325 325 325‘‘W–1 ............................. 100 125 150 175 325 325 325‘‘E–9 ............................. 200 225 250 275 300 300 300‘‘E–8 ............................. 200 225 250 275 300 300 300‘‘E–7 ............................. 175 200 225 250 275 275 275‘‘E–6 ............................. 156 175 200 225 250 250 250‘‘E–5 ............................. 125 156 175 188 200 200 200‘‘E–4 and below ............ 125 156 175 188 200 200 200

Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25

‘‘O–7 and above ............ $200 $200 $200 $200 $200 $200 $200 $110‘‘O–6 ............................. 350 350 350 350 300 250 250 225‘‘O–5 ............................. 350 350 350 350 300 250 250 225‘‘O–4 ............................. 350 350 350 350 300 250 250 225‘‘O–3 ............................. 350 350 350 300 275 250 225 200‘‘O–2 ............................. 300 300 300 275 245 210 200 180‘‘O–1 ............................. 250 250 250 245 210 200 180 150‘‘W–4 ............................. 325 325 325 325 276 250 225 200‘‘W–3 ............................. 325 325 325 325 325 250 225 200‘‘W–2 ............................. 325 325 325 325 275 250 225 200‘‘W–1 ............................. 325 325 325 325 275 250 225 200‘‘E–9 ............................. 300 300 300 300 275 230 200 200‘‘E–8 ............................. 300 300 300 300 265 230 200 200

261

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‘‘Pay gradeYears of service as an air weapons controller

2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10

‘‘E–7 ............................. 300 300 300 300 265 230 200 200‘‘E–6 ............................. 300 300 300 300 265 230 200 200‘‘E–5 ............................. 250 250 250 250 225 200 175 150‘‘E–4 and below ............ 200 200 200 200 175 150 125 125’’;

and1

(C) in subparagraph (B), by striking out2

‘‘the officer’’ each place it appears and insert-3

ing in lieu thereof ‘‘the member’’.4

SEC. 615. AVIATION CAREER INCENTIVE PAY.5

(a) YEARS OF OPERATIONAL FLYING DUTIES RE-6

QUIRED.—Paragraph (4) of section 301a(a) of title 37,7

United States Code, is amended in the first sentence by8

striking out ‘‘9’’ and inserting in lieu thereof ‘‘8’’.9

(b) EXERCISE OF WAIVER AUTHORITY.—Paragraph10

(5) of such section is amended by inserting after the sec-11

ond sentence the following new sentence: ‘‘The Secretary12

concerned may not delegate the authority in the preceding13

sentence to permit the payment of incentive pay under this14

subsection.’’.15

SEC. 616. CLARIFICATION OF AUTHORITY TO PROVIDE16

SPECIAL PAY FOR NURSES.17

Section 302c(d)(1) of title 37, United States Code,18

is amended—19

(1) by striking out ‘‘or an officer’’ and inserting20

in lieu thereof ‘‘an officer’’; and21

(2) by inserting before the semicolon the follow-22

ing: ‘‘, an officer of the Nurse Corps of the Army23

262

•S 1026 PCS

or Navy, or an officer of the Air Force designated1

as a nurse’’.2

SEC. 617. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY3

FOR CREW MEMBERS OF SHIPS DESIGNATED4

AS TENDERS.5

Section 305a(d)(1) of title 37, United States Code,6

is amended by striking out subparagraph (A) and insert-7

ing in lieu thereof the following:8

‘‘(A) while permanently or temporarily assigned9

to a ship, ship-based staff, or ship-based aviation10

unit and—11

‘‘(i) while serving on a ship the primary12

mission of which is accomplished while under13

way;14

‘‘(ii) while serving as a member of the off-15

crew of a two-crewed submarine; or16

‘‘(iii) while serving as a member of a ten-17

der-class ship (with the hull classification of18

submarine or destroyer); or’’.19

SEC. 618. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY20

ASSIGNMENT PAY FOR ENLISTED MEMBERS21

SERVING AS RECRUITERS.22

(a) SPECIAL MAXIMUM RATE FOR RECRUITERS.—23

Section 307(a) of title 37, United States Code, is amended24

by adding at the end the following new sentence: ‘‘In the25

263

•S 1026 PCS

case of a member who is serving as a military recruiter1

and is eligible for special duty assignment pay under this2

subsection by reason of such duty, the Secretary con-3

cerned may increase the monthly rate of special duty as-4

signment pay for the member to not more than $375.’’.5

(b) EFFECTIVE DATE.—The amendment made by6

subsection (a) shall take effect on January 1, 1996.7

Subtitle C—Travel and8

Transportation Allowances9

SEC. 621. CALCULATION ON BASIS OF MILEAGE TABLES OF10

SECRETARY OF DEFENSE: REPEAL OF RE-11

QUIREMENT.12

Section 404(d)(1)(A) of title 37, United States Code,13

is amended by striking out ‘‘, based on distances estab-14

lished over the shortest usually traveled route, under mile-15

age tables prepared under the direction of the Secretary16

of Defense’’.17

SEC. 622. DEPARTURE ALLOWANCES.18

(a) ELIGIBILITY WHEN EVACUATION AUTHORIZED19

BUT NOT ORDERED.—Section 405a(a) of title 37, United20

States Code, is amended by striking out ‘‘ordered’’ each21

place it appears and inserting in lieu thereof ‘‘authorized22

or ordered’’.23

(b) EFFECTIVE DATE AND APPLICABILITY.—The24

amendment made by subsection (a) shall take effect on25

264

•S 1026 PCS

October 1, 1995, and shall apply to persons authorized1

or ordered to depart as described in section 405a(a) of2

title 37, United States Code, on or after such date.3

SEC. 623. DISLOCATION ALLOWANCE FOR MOVES RESULT-4

ING FROM A BASE CLOSURE OR REALIGN-5

MENT.6


amended by—8

(1) by striking out ‘‘or’’ at the end of para-9

graph (3);10

(2) by striking out the period at the end of11

paragraph (4) and inserting in lieu thereof ‘‘; or’’;12

and13


‘‘(5) the member is ordered to move in connec-15

tion with the closure or realignment of a military in-16

stallation and, as a result, the member’s dependents17

actually move or, in the case of a member without18

dependents, the member actually moves.’’.19

SEC. 624. TRANSPORTATION OF NONDEPENDENT CHILD20

FROM SPONSOR’S STATION OVERSEAS AFTER21

LOSS OF DEPENDENT STATUS WHILE OVER-22

SEAS.23

Section 406(h)(1) of title 37, United States Code, is24

amended by striking out the last sentence and inserting25

265

•S 1026 PCS

in lieu thereof the following new sentence: ‘‘If a member1

receives for an unmarried child of the member transpor-2

tation in kind to the member’s station outside the United3

States or in Hawaii or Alaska, reimbursement therefor,4

or a monetary allowance in place thereof and, while the5

member is serving at that station, the child ceases to be6

a dependent of the member by reason of ceasing to satisfy7

an age requirement in section 401(a)(2) of this title or8

ceasing to be enrolled in an institution of higher education9

as described in subparagraph (C) of such section, the child10

shall be treated as a dependent of the member for pur-11

poses of this subsection.’’.12

Subtitle D—Commissaries and13

Nonappropriated Fund Instru-14

mentalities15

SEC. 631. USE OF COMMISSARY STORES BY MEMBERS OF16

THE READY RESERVE.17

(a) PERIOD OF USE.—Section 1063 of title 10, Unit-18

ed States Code, is amended—19

(1) in subsection (a)(1)—20

(A) by inserting ‘‘for a period of one year21

on the same basis as members on active duty’’22

before the period at the end of the first sen-23

tence; and24

(B) by striking out the second sentence;25

266

•S 1026 PCS

(2) by striking out subsection (b); and1

(3) by redesignating subsection (c) as sub-2

section (b).3

(b) CONFORMING AND CLERICAL AMENDMENTS.—4

(1) The heading for such section is amended to read as5

follows:6

‘‘§ 1063. Commissary stores: use by members of the7

Ready Reserve’’.8

(2) The item relating to such section in the table of9

sections at the beginning of chapter 54 of title 10, United10

State Code, is amended to read as follows:11

‘‘1063. Commissary stores: use by members of the Ready Reserve.’’.

SEC. 632. USE OF COMMISSARY STORES BY RETIRED RE-12

SERVES UNDER AGE 60 AND THEIR SURVI-13

VORS.14

(a) ELIGIBILITY.—Section 1064 of title 10, United15


‘‘§ 1064. Commissary stores: use by retired Reserves17

under age 60 and their survivors18

‘‘(a) RETIRED RESERVES UNDER AGE 60.—Mem-19

bers of the reserve components under 60 years of age who,20

but for age, would be eligible for retired pay under chapter21

1223 of this title (or under chapter 67 of this title as in22

effect before December 1, 1994) shall be authorized to use23

commissary stores of the Department of Defense on the24

same basis as members and former members of the armed25

267

•S 1026 PCS

forces who have retired entitled to retired or retainer pay1

under chapter 367, 571, or 867 of this title.2

‘‘(b) SURVIVORS.—If a person authorized to use com-3

missary stores under subsection (a) dies before attaining4

60 years of age, the surviving dependents of the deceased5

person shall be authorized to use commissary stores of the6

Department of Defense on the same basis as the surviving7

dependents of persons who die after being retired entitled8

to retired or retainer pay under chapter 367, 571, or 8679

of this title.10

‘‘(c) USE SUBJECT TO REGULATIONS.—Use of com-11

missary stores under this section is subject to regulations12

prescribed by the Secretary of Defense.’’.13


such section in the table of sections at the beginning of15

chapter 54 of title 10, United States Code, is amended16

to read as follows:17

‘‘1064. Commissary stores: use by retired Reserves under age 60 and their sur-

vivors.’’.

SEC. 633. USE OF MORALE, WELFARE, AND RECREATION18

FACILITIES BY MEMBERS OF RESERVE COM-19

PONENTS AND DEPENDENTS: CLARIFICATION20

OF ENTITLEMENT.21



268

•S 1026 PCS

‘‘§ 1065. Use of certain morale, welfare, and recre-1

ation facilities by members of reserve2

components and dependents3

‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem-4

bers of the Selected Reserve in good standing (as deter-5

mined by the Secretary concerned) shall be permitted to6

use MWR retail facilities on the same basis as members7

on active duty.8

‘‘(b) MEMBERS OF READY RESERVE NOT IN SE-9

LECTED RESERVE.—Subject to such regulations as the10

Secretary of Defense may prescribe, members of the11

Ready Reserve (other than members of the Selected Re-12

serve) may be permitted to use MWR retail facilities on13

the same basis as members serving on active duty.14

‘‘(c) RETIREES UNDER AGE 60.—Members of the re-15

serve components under 60 years of age who, but for age,16

would be eligible for retired pay under chapter 1223 of17

this title (or under chapter 67 of this title as in effect18

before December 1, 1994) shall be permitted to use MWR19

retail facilities on the same basis as members and former20

members of the armed forces who have retired entitled to21

retired or retainer pay under chapter 367, 571, or 86722

of this title.23

‘‘(d) DEPENDENTS.—(1) Dependents of members re-24

ferred to in subsection (a) shall be permitted to use MWR25

269

•S 1026 PCS

retail facilities on the same basis as dependents of mem-1

bers on active duty.2

‘‘(2) Dependents of members referred to in sub-3

section (c) shall be permitted to use MWR retail facilities4

on the same basis as dependents of members and former5

members of the armed forces who have retired entitled to6

retired or retainer pay under chapter 367, 571, or 8677

of this title.8

‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec-9

tion, the term ‘MWR retail facilities’ means exchange10

stores and other revenue generating facilities operated by11



of the armed forces.’’.14


SEC. 641. COST-OF-LIVING INCREASES FOR RETIRED PAY.16

(a) MODIFICATION OF DELAYS.—Clause (ii) of sec-17

tion 1401a(b)(2)(B) of title 10, United States Code, is18

amended—19

(1) by striking out ‘‘1994, 1995, 1996, or20

1997’’ and inserting in lieu thereof ‘‘1994 or 1995’’;21

and22

(2) by striking out ‘‘September’’ and inserting23

in lieu thereof ‘‘March’’.24

270

•S 1026 PCS

(b) CONFORMING AMENDMENT.—The captions for1

such section 1401a(2)(B) and for clause (ii) of such sec-2

tion are amended by striking out ‘‘THROUGH 1998’’ and3

inserting in lieu thereof ‘‘THROUGH 1996’’.4

(c) REPEAL OF SUPERSEDED PROVISION.—Section5

8114A of Public Law 103–335 (108 Stat. 2648) is re-6

pealed.7

SEC. 642. ELIGIBILITY FOR RETIRED PAY FOR NON-REGU-8

LAR SERVICE DENIED FOR MEMBERS RE-9

CEIVING CERTAIN SENTENCES IN COURTS-10

MARTIAL.11


amended—13

(1) by redesignating subsections (d), (e), and14

(f) as subsections (e), (f), and (g), respectively; and15

(2) by inserting after subsection (c) the follow-16

ing new subsection:17

‘‘(d) A person who is convicted of an offense under18

the Uniform Code of Military Justice (chapter 47 of this19

title), and whose executed sentence includes death, a dis-20

honorable discharge, a bad conduct discharge, or (in the21

case of an officer) a dismissal is not eligible for retired22

pay under this chapter.’’.23

271

•S 1026 PCS

SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN1

GARNISHMENT ACTIONS.2

(a) IN GENERAL.—Subsection (j) of section 5520a of3

title 5, United States Code, is amended by striking out4

paragraph (2) and inserting in lieu thereof the following5

new paragraph (2):6

‘‘(2) Such regulations shall provide that an agency’s7

administrative costs in executing legal process to which8

the agency is subject under this section shall be deducted9

from the amount withheld from the pay of the employee10

concerned pursuant to the legal process.’’.11

(b) INVOLUNTARY ALLOTMENTS OF PAY OF MEM-12

BERS OF THE UNIFORMED SERVICES.—Subsection (k) of13

such section is amended—14


graph (4); and16

(2) by inserting after paragraph (2) the follow-17


‘‘(3) Regulations under this subsection may also pro-19

vide that the administrative costs in establishing and20

maintaining an involuntary allotment be deducted from21

the amount withheld from the pay of the member of the22

uniformed services concerned pursuant to such regula-23

tions.’’.24

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•S 1026 PCS

(c) DISPOSITION OF AMOUNTS WITHHELD FOR AD-1

MINISTRATIVE EXPENSES.—Such section is further2


‘‘(l) The amount of an agency’s administrative costs4

deducted under regulations prescribed pursuant to sub-5

section (j)(2) or (k)(2) shall be credited to the appropria-6

tion, fund, or account from which such administrative7

costs were paid.’’.8

SEC. 644. AUTOMATIC MAXIMUM COVERAGE UNDER SERV-9

ICEMEN’S GROUP LIFE INSURANCE.10


amended—12

(1) in subsections (a) and (c), by striking out13

‘‘$100,000’’ each place it appears and inserting in14

lieu thereof in each instance ‘‘$200,000’’;15

(2) by striking out subsection (e); and16


section (e).18

SEC. 645. TERMINATION OF SERVICEMEN’S GROUP LIFE IN-19

SURANCE FOR MEMBERS OF THE READY RE-20

SERVE WHO FAIL TO PAY PREMIUMS.21

Section 1968(a)(4) of title 38, United States Code,22

is amended—23

273

•S 1026 PCS

(1) by striking out the period at the end of sub-1

paragraph (C) and inserting in lieu thereof a semi-2

colon; and3


‘‘except that, if the member fails to make a direct5

remittance of a premium for the insurance to the6

Secretary when required to do so, the insurance7

shall cease with respect to the member 120 days8

after the date on which the Secretary transmits a9

notification of the termination by mail addressed to10

the member at the member’s last known address,11

unless the Secretary accepts from the member full12

payment of the premiums in arrears within such13

120-day period.’’.14

SEC. 646. REPORT ON EXTENDING TO JUNIOR NON-15

COMMISSIONED OFFICERS PRIVILEGES PRO-16

VIDED FOR SENIOR NONCOMMISSIONED OF-17

FICERS.18

(a) REPORT REQUIRED.—Not later than February 1,19

1996, the Secretary of Defense shall submit to Congress20

a report containing the determinations of the Secretary21

regarding whether, in order to improve the working condi-22

tions of noncommissioned officers in pay grades E–5 and23

E–6, any of the privileges afforded noncommissioned offi-24

cers in any of the pay grades above E–6 should be ex-25

274

•S 1026 PCS

tended to noncommissioned officers in pay grades E–5 and1

E–6.2

(b) SPECIFIC RECOMMENDATION REGARDING ELEC-3

TION OF BAS.—The Secretary shall include in the report4

a determination on whether noncommissioned officers in5

pay grades E–5 and E–6 should be afforded the same6

privilege as noncommissioned officers in pay grades above7

E–6 to elect to mess separately and receive the basic al-8

lowance for subsistence.9

(c) ADDITIONAL MATTERS.—The report shall also10

contain a discussion of the following matters:11

(1) The potential costs of extending additional12

privileges to noncommissioned officers in pay grades13

E–5 and E–6.14

(2) The effects on readiness that would result15

from extending the additional privileges.16

(3) The options for extending the privileges on17

an incremental basis over an extended period.18

(d) RECOMMENDED LEGISLATION.—The Secretary19

shall include in the report any recommended legislation20

that the Secretary considers necessary in order to author-21

ize extension of a privilege as determined appropriate22

under subsection (a).23

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•S 1026 PCS

SEC. 647. PAYMENT TO SURVIVORS OF DECEASED MEM-1

BERS OF THE UNIFORMED SERVICES FOR2

ALL LEAVE ACCRUED.3

(a) INAPPLICABILITY OF 60-DAY LIMITATION.—Sec-4

tion 501(d) of title 37, United States Code, is amended—5

(1) in paragraph (1), by striking out the third6

sentence; and7

(2) by striking out paragraph (2) and inserting8


‘‘(2) The limitations in the second sentence of sub-10

section (b)(3), subsection (f), and the second sentence of11

subsection (g) shall not apply with respect to a payment12

made under this subsection.’’.13

(b) CONFORMING AMENDMENT.—Section 501(f) of14

such title is amended by striking out ‘‘, (d),’’ in the first15

sentence.16

SEC. 648. ANNUITIES FOR CERTAIN MILITARY SURVIVING17

SPOUSES.18

(a) SURVIVOR ANNUITY.—(1) The Secretary con-19

cerned shall pay an annuity to the qualified surviving20

spouse of each member of the uniformed services who—21

(A) died before March 21, 1974, and was enti-22

tled to retired or retainer pay on the date of death;23

or24

(B) was a member of a reserve component of25

the Armed Forces during the period beginning on26

276

•S 1026 PCS

September 21, 1972, and ending on October 1,1

1978, and at the time of his death would have been2

entitled to retired pay under chapter 67 of title 10,3

United States Code (as in effect before December 1,4

1994), but for the fact that he was under 60 years5

of age.6

(2) A qualified surviving spouse for purposes of this7

section is a surviving spouse who has not remarried and8

who is not eligible for an annuity under section 4 of Public9

Law 92–425 (10 U.S.C. 1448 note).10

(b) AMOUNT OF ANNUITY.—(1) An annuity under11

this section shall be paid at the rate of $165 per month,12

as adjusted from time to time under paragraph (3).13

(2) An annuity paid to a surviving spouse under this14

section shall be reduced by the amount of any dependency15

and indemnity compensation (DIC) to which the surviving16

spouse is entitled under section 1311(a) of title 38, United17

States Code.18

(3) Whenever after the date of the enactment of this19

Act retired or retainer pay is increased under section20

1401a(b)(2) of title 10, United States Code, each annuity21

that is payable under this section shall be increased at22

the same time and by the same total percent. The amount23

of the increase shall be based on the amount of the month-24

ly annuity payable before any reduction under this section.25

277

•S 1026 PCS

(c) APPLICATION REQUIRED.—No benefit shall be1

paid to any person under this section unless an application2

for such benefit is filed with the Secretary concerned by3

or on behalf of such person.4

(d) DEFINITIONS.—For purposes of this section:5

(1) The terms ‘‘uniformed services’’ and ‘‘Sec-6

retary concerned’’ have the meanings given such7

terms in section 101 of title 37, United States Code.8

(2) The term ‘‘surviving spouse’’ has the mean-9

ing given the terms ‘‘widow’’ and ‘‘widower’’ in para-10

graphs (3) and (4) of section 1447 of title 10, Unit-11

ed States Code.12

(e) PROSPECTIVE APPLICABILITY.—(1) Annuities13

under this section shall be paid for months beginning after14

the month in which this Act is enacted.15

(2) No benefit shall accrue to any person by reason16

of the enactment of this section for any period before the17

first month referred to in paragraph (1).18

SEC. 649. TRANSITIONAL COMPENSATION FOR DEPEND-19

ENTS OF MEMBERS OF THE ARMED FORCES20

SEPARATED FOR DEPENDENT ABUSE: CLARI-21

FICATION OF ENTITLEMENT.22

Section 1059(d) of title 10, United States Code, is23

amended by striking out ‘‘of a separation from active duty24

as’’ in the first sentence.25

278

•S 1026 PCS

TITLE VII—HEALTH CARE1

Subtitle A—Health Care Services2

SEC. 701. MEDICAL CARE FOR SURVIVING DEPENDENTS OF3

RETIRED RESERVES WHO DIE BEFORE4

AGE 60.5


amended—7

(1) in clause (2)—8

(A) by striking out ‘‘death (A) would’’ and9

inserting in lieu thereof ‘‘death would’’; and10

(B) by striking out ‘‘, and (B) had elected11

to participate in the Survivor Benefit Plan es-12

tablished under subchapter II of chapter 73 of13

this title’’; and14

(2) in the second sentence, by striking out15

‘‘without regard to subclause (B) of such clause’’.16

SEC. 702. DENTAL INSURANCE FOR MEMBERS OF THE SE-17

LECTED RESERVE.18

(a) PROGRAM AUTHORIZATION.—(1) Chapter 55 of19

title 10, United States Code, is amended by inserting after20

section 1076a the following new section:21

‘‘§ 1076b. Selected Reserve dental insurance22

‘‘(a) AUTHORITY TO ESTABLISH PLAN.—The Sec-23

retary of Defense shall establish a dental insurance plan24

for members of the Selected Reserve of the Ready Reserve.25

279

•S 1026 PCS

The plan shall provide for voluntary enrollment and for1

premium sharing between the Department of Defense and2

the members enrolled in the plan. The plan shall be ad-3

ministered under regulations prescribed by the Secretary4

of Defense.5

‘‘(b) PREMIUM SHARING.—(1) A member enrolling in6

the dental insurance plan shall pay a share of the premium7

charged for the insurance coverage. The member’s share8

may not exceed $25 per month.9

‘‘(2) The Secretary of Defense may reduce the10

monthly premium required to be paid by enlisted members11

under paragraph (1) if the Secretary determines that the12

reduction is appropriate in order to assist enlisted mem-13

bers to participate in the dental insurance plan.14

‘‘(3) A member’s share of the premium for coverage15

by the dental insurance plan shall be deducted and with-16

held from the basic pay payable to the member for inactive17

duty training and from the basic pay payable to the mem-18

ber for active duty.19

‘‘(4) The Secretary of Defense shall pay the portion20

of the premium charged for coverage of a member under21

the dental insurance plan that exceeds the amount paid22

by the member.23

‘‘(c) BENEFITS AVAILABLE UNDER THE PLAN.—The24

dental insurance plan shall provide benefits for basic den-25

280

•S 1026 PCS

tal care and treatment, including diagnostic services, pre-1

ventative services, basic restorative services, and emer-2

gency oral examinations.3

‘‘(d) TERMINATION OF COVERAGE.—The coverage of4

a member by the dental insurance plan shall terminate5

on the last day of the month in which the member is dis-6

charged, transfers to the Individual Ready Reserve,7

Standby Reserve, or Retired Reserve, or is ordered to ac-8

tive duty for a period of more than 30 days.’’.9


chapter is amended by inserting after the item relating11

to section 1076a the following:12

‘‘1076b. Selected Reserve dental insurance.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Of the13

funds authorized to be appropriated under section14

301(16), $9,000,000 shall be available to pay the Depart-15

ment of Defense share of the premium required for mem-16

bers covered by the dental insurance plan established pur-17

suant to section 1076b of title 10, United States Code,18

as added by subsection (a).19

SEC. 703. MODIFICATION OF REQUIREMENTS REGARDING20

ROUTINE PHYSICAL EXAMINATIONS AND IM-21

MUNIZATIONS UNDER CHAMPUS.22


amended by striking out paragraph (2) and inserting in24

lieu thereof the following new paragraph:25

281

•S 1026 PCS

‘‘(2) consistent with such regulations as the1

Secretary of Defense may prescribe regarding the2

content of health promotion and disease prevention3

visits, the schedule of pap smears and mammo-4

grams, and the types and schedule of immuniza-5

tions—6

‘‘(A) for dependents under six years of age,7

both health promotion and disease prevention8

visits and immunizations may be provided; and9

‘‘(B) for dependents six years of age or10

older, health promotion and disease prevention11

visits may be provided in connection with im-12

munizations or with diagnostic or preventive13

pap smears and mammograms;’’.14

SEC. 704. PERMANENT AUTHORITY TO CARRY OUT SPE-15

CIALIZED TREATMENT FACILITY PROGRAM.16


amended by striking out subsection (h).18

SEC. 705. WAIVER OF MEDICARE PART B LATE ENROLL-19

MENT PENALTY AND ESTABLISHMENT OF20

SPECIAL ENROLLMENT PERIOD FOR CER-21

TAIN MILITARY RETIREES AND DEPENDENTS.22

Section 1837 of the Social Security Act (42 U.S.C.23

1395p) is amended by adding at the end the following new24

subsection:25

282

•S 1026 PCS

‘‘(j)(1) The Secretary shall make special provisions1

for the enrollment of an individual who is a covered bene-2

ficiary under chapter 55 of title 10, United States Code,3

and who is affected adversely by the closure of a military4

medical treatment facility of the Department of Defense5

pursuant to a closure or realignment of a military installa-6

tion.7

‘‘(2) The special enrollment provisions required by8

paragraph (1) shall be established in regulations issued9

by the Secretary. The regulations shall—10

‘‘(A) identify individuals covered by paragraph11

(1) in accordance with regulations providing for such12

identification that are prescribed by the Secretary of13

Defense;14

‘‘(B) provide for a special enrollment period of15

at least 90 days to be scheduled at some time proxi-16

mate to the date on which the military medical17

treatment facility involved is scheduled to be closed;18

and19

‘‘(C) provide that, with respect to individuals20

who enroll pursuant to paragraph (1), the increase21

in premiums under section 1839(b) due to late en-22

rollment under this part shall not apply.23

‘‘(3) For purposes of this subsection—24

283

•S 1026 PCS

‘‘(A) the term ‘covered beneficiary’ has the1

meaning given such term in section 1072(5) of title2

10, United States Code;3

‘‘(B) the term ‘military medical treatment facil-4

ity’ means a facility of a uniformed service referred5

to in section 1074(a) of title 10, United States Code,6

in which health care is provided; and7

‘‘(C) the terms ‘military installation’ and ‘re-8

alignment’ have the meanings given such terms—9

‘‘(i) in section 209 of the Defense Author-10

ization Amendments and Base Closure and Re-11

alignment Act (10 U.S.C. 2687 note), in the12

case of a closure or realignment under title II13

of such Act;14

‘‘(ii) in section 2910 of the Defense Base15

Closure and Realignment Act of 1990 (title16

XXIX of Public Law 101–510; 10 U.S.C. 268717

note), in the case of a closure or realignment18

under such Act; or19

‘‘(iii) in subsection (e) of section 2687 of20

title 10, United States Code, in the case of a21

closure or realignment under such section.’’.22

284

•S 1026 PCS

Subtitle B—TRICARE Program1

SEC. 711. DEFINITION OF TRICARE PROGRAM AND OTHER2

TERMS.3

In this subtitle:4

(1) The term ‘‘TRICARE program’’ means the5

managed health care program that is established by6

the Secretary of Defense under the authority of7

chapter 55 of title 10, United States Code, prin-8

cipally section 1097 of such title, and includes the9

competitive selection of contractors to financially un-10

derwrite the delivery of health care services under11

the Civilian Health and Medical Program of the12

Uniformed Services.13

(2) The term ‘‘covered beneficiary’’ means a14

beneficiary under chapter 55 of title 10, United15

States Code, including a beneficiary under section16

1074(a) of such title.17

(3) The term ‘‘Uniformed Services Treatment18

Facility’’ means a facility deemed to be a facility of19

the uniformed services by virtue of section 911(a) of20

the Military Construction Authorization Act, 198221

(42 U.S.C. 248c(a)).22

(4) The term ‘‘administering Secretaries’’ has23

the meaning given such term in section 1072(3) of24

title 10, United States Code.25

285

•S 1026 PCS

SEC. 712. PROVISION OF TRICARE UNIFORM BENEFITS BY1

UNIFORMED SERVICES TREATMENT FACILI-2

TIES.3

(a) REQUIREMENT.—Subject to subsection (b), upon4

the implementation of the TRICARE program in the5

catchment area served by a Uniformed Services Treatment6

Facility, the facility shall provide to the covered bene-7

ficiaries enrolled in a health care plan of such facility the8

same health care benefits (subject to the same conditions9

and limitations) as are available to covered beneficiaries10

in that area under the TRICARE program.11

(b) EFFECT ON CURRENT ENROLLEES.—(1) A cov-12

ered beneficiary who has been continuously enrolled on13

and after January 1, 1995, in a health care plan offered14

by a Uniformed Services Treatment Facility pursuant to15

a contract between the Secretary of Defense and the facil-16

ity may elect to continue to receive health care benefits17

in accordance with the plan instead of benefits in accord-18

ance with subsection (a).19

(2) The Uniform Services Treatment Facility con-20

cerned shall continue to provide benefits to a covered bene-21

ficiary in accordance with an election of benefits by that22

beneficiary under paragraph (1). The requirement to do23

so shall terminate on the effective date of any contract24

between the Secretary of Defense and the facility that—25

286

•S 1026 PCS

(A) is entered into on or after the date of the1

election; and2

(B) requires the health care plan offered by the3

facility for covered beneficiaries to provide health4

care benefits in accordance with subsection (a).5

SEC. 713. SENSE OF SENATE ON ACCESS OF MEDICARE ELI-6

GIBLE BENEFICIARIES OF CHAMPUS TO7

HEALTH CARE UNDER TRICARE.8

It is the sense of the Senate—9

(1) that the Secretary of Defense should de-10

velop a program to ensure that covered beneficiaries11

who are eligible for medicare under title XVIII of12

the Social Security Act (42 U.S.C. 1395 et seq.) and13

who reside in a region in which the TRICARE pro-14

gram has been implemented have adequate access to15

health care services after the implementation of the16

TRICARE program in that region; and17

(2) to support strongly, as a means of ensuring18

such access, the reimbursement of the Department19

of Defense by the Secretary of Health and Human20

Services for health care services provided such bene-21

ficiaries at the medical treatment facilities of the22

Department of Defense.23

287

•S 1026 PCS

SEC. 714. PILOT PROGRAM OF INDIVIDUALIZED RESIDEN-1

TIAL MENTAL HEALTH SERVICES.2

(a) PROGRAM REQUIRED.—During fiscal year 1996,3

the Secretary of Defense, in consultation with the other4

administering Secretaries, shall carry out a pilot program5

for providing wraparound services to covered beneficiaries6

who are children in need of mental health services. The7

Secretary shall carry out the pilot program in one region8

in which the TRICARE program has been implemented9

as of the beginning of such fiscal year.10

(b) WRAPAROUND SERVICES DEFINED.—For pur-11

poses of this section, wraparound services are individual-12

ized mental health services that a provider provides, prin-13

cipally in a residential setting but also with follow-up serv-14

ices, in return for payment on a case rate basis. For pay-15

ment of the case rate for a patient, the provider incurs16

the risk that it will be necessary for the provider to provide17

the patient with additional mental health services inter-18

mittently or on a longer term basis after completion of19

the services provided on a residential basis under a treat-20

ment plan.21

(c) PILOT PROGRAM AGREEMENT.—Under the pilot22

program the Secretary of Defense shall enter into an23

agreement with a provider of mental health services that24

requires the provider—25

288

•S 1026 PCS

(1) to provide wraparound services to covered1

beneficiaries referred to in subsection (a);2

(2) to continue to provide such services to each3

beneficiary as needed during the period of the agree-4

ment even if the patient relocates outside the5

TRICARE program region involved (but inside the6

United States) during that period; and7

(3) to accept as payment for such services an8

amount not in excess of the amount of the standard9

CHAMPUS residential treatment clinic benefit pay-10

able with respect to the covered beneficiary con-11

cerned (as determined in accordance with section 8.112

of chapter 3 of volume II of the CHAMPUS policy13

manual).14

(d) REPORT.—Not later than March 1, 1997, the15

Secretary of Defense shall submit to the Committee on16


tional Security of the House of Representatives a report18

on the program carried out under this section. The report19

shall contain—20

(1) an assessment of the effectiveness of the21

program; and22

(2) the Secretary’s views regarding whether the23

program should be implemented in all regions where24

the TRICARE program is carried out.25

289

•S 1026 PCS

Subtitle C—Uniformed Services1

Treatment Facilities2

SEC. 721. DELAY OF TERMINATION OF STATUS OF CERTAIN3

FACILITIES AS UNIFORMED SERVICES4

TREATMENT FACILITIES.5

Section 1252(e) of the Department of Defense Au-6

thorization Act, 1984 (42 U.S.C. 248d(e)) is amended by7

striking out ‘‘December 31, 1996’’ in the first sentence8


SEC. 722. APPLICABILITY OF FEDERAL ACQUISITION REG-10

ULATION TO PARTICIPATION AGREEMENTS11

WITH UNIFORMED SERVICES TREATMENT FA-12

CILITIES.13

Section 718(c) of the National Defense Authorization14


1587) is amended—16

(1) in the second sentence of paragraph (1), by17

striking out ‘‘A participation agreement’’ and insert-18

ing in lieu thereof ‘‘Except as provided in paragraph19

(4), a participation agreement’’;20


graph (5); and22


ing new paragraph:24

290

•S 1026 PCS

‘‘(4) APPLICABILITY OF FEDERAL ACQUISITION1

REGULATION.—On and after the date of enactment2

of the National Defense Authorization Act for Fiscal3

Year 1996, the Federal Acquisition Regulation is-4

sued pursuant to section 25(c) of the Office of Fed-5

eral Procurement Policy Act (41 U.S.C. 421(c))6

shall apply to any action to modify an existing par-7

ticipation agreement and to any action by the Sec-8

retary of Defense and a Uniformed Services Treat-9

ment Facility to enter into a new participation10

agreement.’’.11

SEC. 723. AMOUNT PAYABLE BY UNIFORMED SERVICES12

TREATMENT FACILITIES FOR HEALTH CARE13

SERVICES PROVIDED OUTSIDE THE14

CATCHMENT AREAS OF THE FACILITIES.15



‘‘(d)(1) A Uniformed Services Treatment Facility18

shall be responsible for paying charges imposed by a pri-19

vate facility or health care provider for providing care out-20

side the catchment area of the Uniformed Services Treat-21

ment Facility to a member of the uniformed services who22

is enrolled in a health care plan of the Uniformed Services23

Treatment Facility.24

291

•S 1026 PCS

‘‘(2) The Secretary of Defense, after consultation1

with the other administering Secretaries, may by regula-2

tion require a private facility or health care provider that3

is a health care provider under the Civilian Health and4

Medical Program of the Uniformed Services to provide5

care under the circumstances described in paragraph (1)6

in accordance with the same payment rules (subject to any7

modifications considered appropriate by the Secretary) as8

apply under that program.9

‘‘(3) In this subsection, the term ‘Uniformed Services10

Treatment Facility’ means a facility deemed to be a facil-11

ity of the uniformed services under section 911(a) of the12

Military Construction Authorization Act, 1982 (42 U.S.C.13

248c(a)).’’.14

Subtitle D—Other Changes to Ex-15

isting Laws Regarding Health16

Care Management17

SEC. 731. INVESTMENT INCENTIVE FOR MANAGED HEALTH18

CARE IN MEDICAL TREATMENT FACILITIES.19

(a) AVAILABILITY OF 3 PERCENT OF APPROPRIA-20

TIONS FOR TWO FISCAL YEARS.—Chapter 55 of title 10,21

United States Code, is amended by inserting after section22

1071 the following new section:23

292

•S 1026 PCS

‘‘§ 1071a. Availability of appropriations1

‘‘Of the total amount authorized to be appropriated2

for a fiscal year for programs and activities carried out3

under this chapter, the amount equal to three percent of4

such total amount is authorized to be appropriated to re-5

main available until the end of the following fiscal year.’’.6


at the beginning of chapter 55 of title 10, United States8

Code, is amended by inserting after the item relating to9

section 1071 the following:10

‘‘1071a. Availability of appropriations.’’.

SEC. 732. REVISION AND CODIFICATION OF LIMITATIONS11

ON PHYSICIAN PAYMENTS UNDER CHAMPUS.12

(a) IN GENERAL.—Section 1079(h) of title 10, Unit-13

ed States Code, is amended to read as follows:14

‘‘(h)(1) Subject to paragraph (2), payment for a15

charge for services by an individual health care profes-16

sional (or other noninstitutional health care provider) for17

which a claim is submitted under a plan contracted for18

under subsection (a) shall be limited to the lesser of—19

‘‘(A) the amount equivalent to the 80th per-20

centile of billed charges, as determined by the Sec-21

retary of Defense in consultation with the other ad-22

ministering Secretaries, for similar services in the23

same locality during a 12-month base period that24

293

•S 1026 PCS

the Secretary shall define and may adjust as fre-1

quently as the Secretary considers appropriate; or2

‘‘(B) the amount payable for charges for such3

services (or similar services) under title XVIII of the4

Social Security Act (42 U.S.C. 1395 et seq.) as de-5

termined in accordance with the reimbursement6

rules applicable to payments for medical and other7

health services under that title.8

‘‘(2) The amount to be paid to an individual health9

care professional (or other noninstitutional health care10

provider) shall be determined under regulations prescribed11

by the Secretary of Defense in consultation with the other12

administering Secretaries. Such regulations—13

‘‘(A) may provide for such exceptions from the14

limitation on payments set forth in paragraph (1) as15

the Secretary determines necessary to ensure that16

covered beneficiaries have adequate access to health17

care services, including payment of amounts greater18

than the amounts otherwise payable under that19

paragraph when enrollees in managed care programs20

obtain covered emergency services from21

nonparticipating providers; and22

‘‘(B) shall establish limitations (similar to those23

established under title XVIII of the Social Security24

Act) on beneficiary liability for charges of an indi-25

294

•S 1026 PCS

vidual health care professional (or other1

noninstitutional health care provider).’’.2

(b) TRANSITION.—In prescribing regulations under3

paragraph (2) of section 1079(h) of title 10, United States4

Code, as amended by subsection (a), the Secretary of De-5

fense shall provide—6

(1) for a period of transition between the pay-7

ment methodology in effect under section 1079(h) of8

such title, as such section was in effect on the day9

before the date of the enactment of this Act, and the10

payment methodology under section 1079(h) of such11

title, as so amended; and12

(2) that the amount payable under such section13

1079(h), as so amended, for a charge for a service14

under a claim submitted during the period may not15

be less than 85 percent of the maximum amount16

that was payable under such section 1079(h), in ef-17

fect on the day before the date of the enactment of18

this Act, for charges for the same service during the19

1-year period (or a period of other duration that the20

Secretary considers appropriate) ending on the day21

before such date.22

295

•S 1026 PCS

SEC. 733. PERSONAL SERVICES CONTRACTS FOR MEDICAL1

TREATMENT FACILITIES OF THE COAST2

GUARD.3

(a) CONTRACTING AUTHORITY.—Section 1091(a) of4


(1) by inserting after ‘‘Secretary of Defense’’6

the following: ‘‘, with respect to medical treatment7

facilities of the Department of Defense, and the Sec-8

retary of Transportation, with respect to medical9

treatment facilities of the Coast Guard when the10

Coast Guard is not operating as a service in the11

Navy,’’; and12

(2) by striking out ‘‘medical treatment facilities13

of the Department of Defense’’ and inserting in lieu14

thereof ‘‘such facilities’’.15

(b) RATIFICATION OF EXISTING CONTRACTS.—Any16

exercise of authority under section 1091 of title 10, United17

States Code, to enter into a personal services contract on18

behalf of the Coast Guard before the effective date of the19

amendments made by subsection (a) is hereby ratified.20

(c) EFFECTIVE DATE.—The amendments made by21

subsection (a) shall take effect on the earlier of the date22

of the enactment of this Act or October 1, 1995.23

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SEC. 734. DISCLOSURE OF INFORMATION IN MEDICARE1

AND MEDICAID COVERAGE DATA BANK TO2

IMPROVE COLLECTION FROM RESPONSIBLE3

PARTIES FOR HEALTH CARE SERVICES FUR-4

NISHED UNDER CHAMPUS.5

(a) PURPOSE OF DATA BANK.—Subsection (a) of6

section 1144 of the Social Security Act (42 U.S.C. 1320b–7

14) is amended—8

(1) by striking out ‘‘and’’ at the end of the9

paragraph (1);10

(2) by striking out the period at the end of11

paragraph (2) and inserting in lieu thereof ‘‘, and’’;12

and13


‘‘(3) assist in the identification of, and collec-15

tion from, third parties responsible for the reim-16

bursement of the costs incurred by the United17

States for health care services furnished to individ-18

uals who are covered beneficiaries under chapter 5519

of title 10, United States Code, upon request by the20

administering Secretaries.’’.21

(b) AUTHORITY TO DISCLOSE INFORMATION.—Sub-22

section (b)(2) of such section is amended—23

(1) by striking out ‘‘and’’ at the end of sub-24

paragraph (A);25

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•S 1026 PCS

(2) by striking out the period at the end of sub-1

paragraph (B) and inserting in lieu thereof ‘‘, and’’;2

and3


‘‘(C) (subject to the restriction in sub-5

section (c)(7) of this section) to disclose any6

other information in the Data Bank to the ad-7

ministering Secretaries for purposes described8

in subsection (a)(3) of this section.’’.9

(c) DEFINITION.—Subsection (f) of such section is10


‘‘(5) ADMINISTERING SECRETARIES.—The term12

‘administering Secretaries’ shall have the meaning13

given to such term by section 1072(3) of title 10,14

United States Code.’’.15


SEC. 741. TRISERVICE NURSING RESEARCH.17

(a) PROGRAM AUTHORIZED.—Chapter 104 of title18

10, United States Code, is amended by adding at the end19

the following:20

‘‘§ 2116. Research on the furnishing of care and serv-21

ices by nurses of the armed forces22

‘‘(a) PROGRAM AUTHORIZED.—The Board of Re-23

gents of the University may establish at the University24

a program of research on the furnishing of care and serv-25

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ices by nurses in the Armed Forces (hereafter in this sec-1

tion referred to as ‘military nursing research’). A program2

carried out under this section shall be known as the3

‘TriService Nursing Research Program’.4

‘‘(b) TRISERVICE RESEARCH GROUP.—(1) The5

TriService Nursing Research Program shall be adminis-6

tered by a TriService Nursing Research Group composed7

of Army, Navy, and Air Force nurses who are involved8

in military nursing research and are designated by the9

Secretary concerned to serve as members of the group.10

‘‘(2) The TriService Nursing Research Group shall—11

‘‘(A) develop for the Department of Defense12

recommended guidelines for requesting, reviewing,13

and funding proposed military nursing research14

projects; and15

‘‘(B) make available to Army, Navy, and Air16

Force nurses and Department of Defense officials17

concerned with military nursing research—18

‘‘(i) information about nursing research19

projects that are being developed or carried out20

in the Army, Navy, and Air Force; and21

‘‘(ii) expertise and information beneficial to22

the encouragement of meaningful nursing re-23

search.24

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‘‘(c) RESEARCH TOPICS.—For purposes of this sec-1

tion, military nursing research includes research on the2

following issues:3

‘‘(1) Issues regarding how to improve the re-4

sults of nursing care and services provided in the5

armed forces in time of peace.6

‘‘(2) Issues regarding how to improve the re-7

sults of nursing care and services provided in the8

armed forces in time of war.9

‘‘(3) Issues regarding how to prevent complica-10

tions associated with battle injuries.11

‘‘(4) Issues regarding how to prevent complica-12

tions associated with the transporting of patients in13

the military medical evacuation system.14

‘‘(5) Issues regarding how to improve methods15

of training nursing personnel.16

‘‘(6) Clinical nursing issues, including such is-17

sues as prevention and treatment of child abuse and18

spouse abuse.19

‘‘(7) Women’s health issues.20

‘‘(8) Wellness issues.21

‘‘(9) Preventive medicine issues.22

‘‘(10) Home care management issues.23

‘‘(11) Case management issues.’’.24

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‘‘2116. Research on the furnishing of care and services by nurses of the armed

forces.’’.

SEC. 742. FISHER HOUSE TRUST FUNDS.4

(a) ESTABLISHMENT.—(1) Chapter 131 of title 10,5

United States Code, is amended by adding at the end the6

following:7

‘‘§ 2221. Fisher House trust funds8

‘‘(a) ESTABLISHMENT.—The following trust funds9

are established on the books of the Treasury:10

‘‘(1) The Fisher House Trust Fund, Depart-11

ment of the Army.12

‘‘(2) The Fisher House Trust Fund, Depart-13

ment of the Air Force.14

‘‘(b) INVESTMENT.—Funds in the trust funds may15

be invested in securities of the United States. Earnings16

and gains realized from the investment of funds in a trust17

fund shall be credited to the trust fund.18

‘‘(c) USE OF FUNDS.—(1) Amounts in the Fisher19

House Trust Fund, Department of the Army, that are at-20

tributable to earnings or gains realized from investments21

shall be available for operation and maintenance of Fisher22

houses that are located in proximity to medical treatment23

facilities of the Army.24

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•S 1026 PCS

‘‘(2) Amounts in the Fisher House Trust Fund, De-1

partment of the Air Force, that are attributable to earn-2

ings or gains realized from investments shall be available3

for operation and maintenance of Fisher houses that are4

located in proximity to medical treatment facilities of the5

Air Force.6

‘‘(3) The use of funds under this section is subject7

to the requirements of section 1321(b)(2) of title 31.8

‘‘(d) FISHER HOUSES DEFINED.—For purposes of9

this section, Fisher houses are housing facilities that are10

located in proximity to medical treatment facilities of the11

Army or Air Force and are available for residential use12

on a temporary basis by patients at such facilities, mem-13

bers of the family of such patients, and others providing14

the equivalent of familial support for such patients.’’.15


chapter is amended by adding at the end the following:17

‘‘2221. Fisher House trust funds.’’.

(b) CORPUS OF TRUST FUNDS.—(1) The Secretary18

of the Treasury shall—19

(A) close the accounts established with the20

funds that were required by section 8019 of Public21

Law 102–172 (105 Stat. 1175) and section 9023 of22

Public Law 102–396 (106 Stat. 1905) to be trans-23

ferred to an appropriated trust fund; and24

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•S 1026 PCS

(B) transfer the amounts in such accounts to1

the Fisher House Trust Fund, Department of the2

Army, established by subsection (a)(1) of section3

2221 of title 10, United States Code, as added by4

subsection (a).5

(2) The Secretary of the Air Force shall transfer to6

the Fisher House Trust Fund, Department of the Air7

Force, established by subsection (a)(2) of section 2221 of8

title 10, United States Code (as added by section (a)), all9

amounts in the accounts for Air Force installations and10

other facilities that, as of the date of the enactment of11

this Act, are available for operation and maintenance of12

Fisher houses (as defined in subsection (c) of such section13

2221).14

(c) CONFORMING AMENDMENTS.—Section 1321 of15


(1) by adding at the end of subsection (a) the17

following:18

‘‘(92) Fisher House Trust Fund, Department19

of the Army.20

‘‘(93) Fisher House Trust Fund, Department21

of the Air Force.’’; and22

(2) in subsection (b)—23

(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;24

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•S 1026 PCS

(B) in the second sentence, by striking out1

‘‘Amounts accruing to these funds (except to2

the trust fund ‘Armed Forces Retirement Home3

Trust Fund’)’’ and inserting in lieu thereof4

‘‘Except as provided in paragraph (2), amounts5

accruing to these funds’’;6

(C) by striking out the third sentence; and7

(D) by adding at the end the following:8

‘‘(2) Expenditures from the following trust funds9

shall be made only under annual appropriations and only10

if the appropriations are specifically authorized by law:11

‘‘(A) Armed Forces Retirement Home Trust12

Fund.13

‘‘(B) Fisher House Trust Fund, Department of14

the Army.15

‘‘(C) Fisher House Trust Fund, Department of16

the Air Force.’’.17

(d) REPEAL OF SUPERSEDED PROVISIONS.—The fol-18

lowing provisions of law are repealed:19

(1) Section 8019 of Public Law 102–172 (10520

Stat. 1175).21


Stat. 1905).23


Stat. 1441).25

304

•S 1026 PCS


Stat. 2620; 10 U.S.C. 1074 note).2

SEC. 743. APPLICABILITY OF LIMITATION ON PRICES OF3

PHARMACEUTICALS PROCURED FOR COAST4

GUARD.5



‘‘(4) The Coast Guard.’’.8

TITLE VIII—ACQUISITION POL-9

ICY, ACQUISITION MANAGE-10

MENT, AND RELATED MAT-11

TERS12

Subtitle A—Acquisition Reform13

SEC. 801. WAIVERS FROM CANCELLATION OF FUNDS.14

Notwithstanding section 1552(a) of title 31, United15

States Code, funds appropriated for any fiscal year after16

fiscal year 1995 that are administratively reserved or com-17

mitted for satellite on-orbit incentive fees shall remain18

available for obligation and expenditure until the fee is19

earned, but only if and to the extent that section 151220

of title 31, United States Code, the Impoundment Control21

Act (2 U.S.C. 681 et seq.), and other applicable provisions22

of law are complied with in the reservation and commit-23

ment of funds for that purpose24

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SEC. 802. PROCUREMENT NOTICE POSTING THRESHOLDS.1

Section 18(a)(1)(B) of the Office of Federal Procure-2

ment Policy Act (41 U.S.C. 416(a)(1)(B)) is amended—3

(1) by striking out ‘‘subsection (f)—’’ and all4

that follows through the end of the subparagraph5

and inserting in lieu thereof ‘‘subsection (b); and’’;6

and7

(2) by inserting after ‘‘property or services’’ the8

following: ‘‘for a price expected to exceed $10,000,9

but not to exceed $25,000,’’10

SEC. 803. PROMPT RESOLUTION OF AUDIT RECOMMENDA-11

TIONS.12

Section 6009 of the Federal Acquisition Streamlining13

Act of 1994 (Public Law 103–355; 108 Stat. 3367, Octo-14

ber 14, 1994) is amended to read as follows:15

‘‘SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLE-16

MENTATION OF AUDIT RECOMMENDATIONS.17

‘‘(a) MANAGEMENT DECISIONS.—(1) The head of a18

Federal agency shall make management decisions on all19

findings and recommendations set forth in an audit report20

of the inspector general of the agency within a maximum21

of six months after the issuance of the report.22

‘‘(2) The head of a Federal agency shall make man-23

agement decisions on all findings and recommendations24

set forth in an audit report of any auditor from outside25

the Federal Government within a maximum of six months26

306

•S 1026 PCS

after the date on which the head of the agency receives1

the report.2

‘‘(b) COMPLETIONS OF ACTIONS.—The head of a3

Federal agency shall complete final action on each man-4

agement decision required with regard to a recommenda-5

tion in an inspector general’s report under subsection6

(a)(1) within 12 months after the date of the inspector7

general’s report. If the head of the agency fails to complete8

final action with regard to a management decision within9

the 12-month period, the inspector general concerned shall10

identify the matter in each of the inspector general’s semi-11

annual reports pursuant to section 5(a)(3) of the Inspec-12

tor General Act of 1978 (5 U.S.C. App.) until final action13

on the management decision is completed.’’.14

SEC. 804. TEST PROGRAM FOR NEGOTIATION OF COM-15

PREHENSIVE SUBCONTRACTING PLANS.16

(a) REVISION OF AUTHORITY.—Subsection (a) of17

section 834 of National Defense Authorization Act for18

Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is19

amended by striking out paragraph (1) and inserting in20

lieu thereof the following:21

‘‘(1) The Secretary of Defense shall establish a test22

program under which contracting activities in the military23

departments and the Defense Agencies are authorized to24

undertake one or more demonstration projects to deter-25

307

•S 1026 PCS

mine whether the negotiation and administration of com-1

prehensive subcontracting plans will reduce administrative2

burdens on contractors while enhancing opportunities pro-3

vided under Department of Defense contracts for small4

business concerns and small business concerns owned and5

controlled by socially and economically disadvantaged indi-6

viduals. In selecting the contracting activities to undertake7

demonstration projects, the Secretary shall take such ac-8

tion as is necessary to ensure that a broad range of the9

supplies and services acquired by the Department of De-10

fense are included in the test program.’’.11

(b) COVERED CONTRACTORS.—Subsection (b) of12

such section is amended by striking out paragraph (3) and13


‘‘(3) A Department of Defense contractor referred to15

in paragraph (1) is, with respect to a comprehensive sub-16

contracting plan negotiated in any fiscal year, a business17

concern that, during the immediately preceding fiscal year,18

furnished the Department of Defense with supplies or19

services (including professional services, research and de-20

velopment services, and construction services) pursuant to21

at least three Department of Defense contracts having an22

aggregate value of at least $5,000,000.’’.23

(c) TECHNICAL AMENDMENTS.—Such section is24

amended—25

308

•S 1026 PCS

(1) by striking out subsection (g); and1

(2) by redesignating subsection (h) as sub-2

section (g).3

SEC. 805. NAVAL SALVAGE FACILITIES.4

Chapter 637 of title 10, United States Code, is5


‘‘CHAPTER 637—SALVAGE FACILITIES7

‘‘Sec.

‘‘7361. Authority to provide for necessary salvage facilities.

‘‘7362. Acquisition and transfer of vessels and equipment.

‘‘7363. Settlement of claims.

‘‘7364. Disposition of receipts.

‘‘§ 7361. Authority to provide for necessary salvage8

facilities9

‘‘(a) AUTHORITY.—The Secretary of the Navy may10

contract or otherwise provide for necessary salvage facili-11

ties for public and private vessels.12

‘‘(b) COORDINATION WITH SECRETARY OF TRANS-13

PORTATION.—The Secretary shall submit to the Secretary14

of Transportation for comment each proposed salvage con-15

tract that affects the interests of the Department of16

Transportation.17

‘‘(c) LIMITATION.—The Secretary of the Navy may18

enter into a contract under subsection (a) only if the Sec-19

retary determines that available commercial salvage facili-20

ties are inadequate to meet the Navy’s requirements and21

provides public notice of the intent to enter into such a22

contract.23

309

•S 1026 PCS

‘‘§ 7362. Acquisition and transfer of vessels and1

equipment2

‘‘(a) AUTHORITY.—The Secretary of the Navy may3

acquire or transfer such vessels and equipment for oper-4

ation by private salvage companies as the Secretary con-5

siders necessary.6

‘‘(b) AGREEMENT ON USE.—A private recipient of7

any salvage vessel or gear shall agree in writing that such8

vessel or gear will be used to support organized offshore9

salvage facilities for as many years as the Secretary shall10

consider appropriate.11

‘‘§ 7363. Settlement of claims12

‘‘The Secretary of the Navy, or the Secretary’s des-13

ignee, may settle and receive payment for any claim by14

the United States for salvage services rendered by the De-15

partment of the Navy.16

‘‘§ 7364. Disposition of receipts17

‘‘Amounts received under this chapter shall be cred-18

ited to appropriations for maintaining naval salvage facili-19

ties. However, any amount received in excess of naval sal-20

vage costs incurred by the Navy in that fiscal year shall21

be deposited into the general fund of the Treasury.’’.22

310

•S 1026 PCS

SEC. 806. AUTHORITY TO DELEGATE CONTRACTING AU-1

THORITY.2

(a) REPEAL OF DUPLICATIVE AUTHORITY AND RE-3

STRICTION.—Section 2356 of title 10, United States Code,4

is repealed.5


at the beginning of chapter 139 of title 10, United States7

Code, is amended by striking out the item relating to sec-8

tion 2356.9

SEC. 807. COORDINATION AND COMMUNICATION OF DE-10

FENSE RESEARCH ACTIVITIES.11


amended—13

(1) in subsection (b)(5), by striking out ‘‘mile-14

stone O, milestone I, and milestone II’’ and insert-15

ing in lieu thereof ‘‘acquisition program’’; and16

(2) in subsection (c), by striking out para-17

graphs (2), (3), and (4) and inserting in lieu thereof18

the following:19

‘‘(2) The term ‘acquisition program decision’20

has the meaning prescribed by the Secretary of De-21

fense in regulations.’’.22

SEC. 808. PROCUREMENT OF ITEMS FOR EXPERIMENTAL23

OR TEST PURPOSES.24


amended by inserting ‘‘only’’ after ‘‘applies’’.26

311

•S 1026 PCS

SEC. 809. QUALITY CONTROL IN PROCUREMENTS OF CRITI-1

CAL AIRCRAFT AND SHIP SPARE PARTS.2

(a) REPEAL.—Section 2383 of title 10, United States3

Code, is repealed.4



by striking out the item relating to section 2383.7

SEC. 810. USE OF FUNDS FOR ACQUISITION OF DESIGNS,8

PROCESSES, TECHNICAL DATA, AND COM-9

PUTER SOFTWARE.10

Section 2386(3) of title 10, United States Code, is11


‘‘(3) Design and process data, technical data,13

and computer software.’’.14

SEC. 811. INDEPENDENT COST ESTIMATES FOR MAJOR DE-15

FENSE ACQUISITION PROGRAMS.16

Section 2434(b)(1)(A) of title 10, United States17

Code, is amended to read as follows:18

‘‘(A) be prepared—19

‘‘(i) by an office or other entity that20

is not under the supervision, direction, or21

control of the military department, Defense22

Agency, or other component of the Depart-23

ment of Defense that is directly responsible24

for carrying out the development or acqui-25

sition of the program; or26

312

•S 1026 PCS

‘‘(ii) if the decision authority for the1

program has been delegated to an official2

of a military department, Defense Agency,3

or other component of the Department of4

Defense, by an office or other entity that5

is not directly responsible for carrying out6

the development or acquisition of the pro-7

gram; and’’.8

SEC. 812. FEES FOR CERTAIN TESTING SERVICES.9

Section 2539b(c) of title 10, United States Code, is10

amended by inserting ‘‘and indirect’’ after ‘‘recoup the di-11

rect’’.12

SEC. 813. CONSTRUCTION, REPAIR, ALTERATION, FURNISH-13

ING, AND EQUIPPING OF NAVAL VESSELS.14

(a) INAPPLICABILITY OF CERTAIN LAWS.—Chapter15

633 of title 10, United States Code, is amended by insert-16

ing after section 7297 the following:17

‘‘§ 7299. Contracts: applicability of Walsh-Healey Act18

‘‘Each contract for the construction, alteration, fur-19

nishing, or equipping of a naval vessel is subject to the20

Walsh-Healey Act (41 U.S.C. 35 et seq.) unless the Presi-21

dent determines that this requirement is not in the inter-22

est of national defense.’’.23

313

•S 1026 PCS


at the beginning of such chapter is amended by inserting2

after the item relating to section 7297 the following:3

‘‘7299. Contracts: applicability of Walsh-Healey Act.’’.

SEC. 814. CIVIL RESERVE AIR FLEET.4


amended by striking out ‘‘full Civil Reserve Air Fleet’’6

both places it appears in subsections (b)(2) and (e) and7

inserting in lieu thereof ‘‘Civil Reserve Air Fleet’’.8

Subtitle B—Other Matters9

SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PRO-10

GRAMS.11

(a) FUNDING.—Of the amount authorized to be ap-12


available for carrying out the provisions of chapter 14214

of title 10, United States Code.15

(b) SPECIFIC PROGRAMS.—Of the amounts made16

available pursuant to subsection (a), $600,000 shall be17

available for fiscal year 1996 for the purpose of carrying18

out programs sponsored by eligible entities referred to in19

subparagraph (D) of section 2411(1) of title 10, United20

States Code, that provide procurement technical assist-21

ance in distressed areas referred to in subparagraph (B)22

of section 2411(2) of such title. If there is an insufficient23

number of satisfactory proposals for cooperative agree-24

ments in such distressed areas to allow effective use of25

314

•S 1026 PCS

the funds made available in accordance with this sub-1

section in such areas, the funds shall be allocated among2

the Defense Contract Administration Services regions in3

accordance with section 2415 of such title.4

SEC. 822. TREATMENT OF DEPARTMENT OF DEFENSE5

CABLE TELEVISION FRANCHISE AGREE-6

MENTS.7

For purposes of part 49 of the Federal Acquisition8

Regulation, a cable television franchise agreement of the9

Department of Defense shall be considered a contract for10

telecommunications services.11

TITLE IX—DEPARTMENT OF DE-12

FENSE ORGANIZATION AND13

MANAGEMENT14

SEC. 901. REDESIGNATION OF THE POSITION OF ASSIST-15

ANT TO THE SECRETARY OF DEFENSE FOR16

ATOMIC ENERGY.17

(a) IN GENERAL.—(1) Section 142 of title 10, United18

States Code, is amended—19

(A) by striking out the section heading and in-20

serting in lieu thereof the following:21

315

•S 1026 PCS

‘‘§ 142. Assistant to the Secretary of Defense for Nu-1

clear and Chemical and Biological De-2

fense Programs’’;3

(B) in subsection (a), by striking out ‘‘Assistant4

to the Secretary of Defense for Atomic Energy’’ and5

inserting in lieu thereof ‘‘Assistant to the Secretary6

of Defense for Nuclear and Chemical and Biological7

Defense Programs’’; and8

(C) by striking out subsection (b) and inserting9


‘‘(b) The Assistant to the Secretary shall—11

‘‘(1) advise the Secretary of Defense on nuclear12

energy, nuclear weapons, and chemical and biological13

defense;14

‘‘(2) serve as the Staff Director of the Nuclear15

Weapons Council established by section 179 of this16

title; and17

‘‘(3) perform such additional duties as the Sec-18

retary may prescribe.’’.19


4 of such title is amended by striking out the item relating21

to section 142 and inserting in lieu thereof the following:22

‘‘142. Assistant to the Secretary of Defense for Nuclear and Chemical and Bio-

logical Defense Programs.’’.

(b) CONFORMING AMENDMENTS.—(1) Section23

179(c)(2) of title 10, United States Code, is amended by24

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•S 1026 PCS

striking out ‘‘The Assistant to the Secretary of Defense1

for Atomic Energy’’ and inserting in lieu thereof ‘‘The As-2

sistant to the Secretary of Defense for Nuclear and Chem-3

ical and Biological Defense Programs.’’.4

(2) Section 5316 of title 5, United States Code, is5

amended by striking out ‘‘The Assistant to the Secretary6

of Defense for Atomic Energy, Department of Defense.’’7

and inserting in lieu thereof the following:8

‘‘Assistant to the Secretary of Defense for Nu-9

clear and Chemical and Biological Defense Pro-10

grams, Department of Defense.’’.11

TITLE X—GENERAL PROVISIONS12

Subtitle A—Financial Matters13

SEC. 1001. TRANSFER AUTHORITY.14

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—15

(1) Upon determination by the Secretary of Defense that16

such action is necessary in the national interest, the Sec-17

retary may transfer amounts of authorizations made avail-18

able to the Department of Defense in this division for fis-19

cal year 1996 between any such authorizations for that20

fiscal year (or any subdivisions thereof). Amounts of au-21

thorizations so transferred shall be merged with and be22

available for the same purposes as the authorization to23

which transferred.24

317

•S 1026 PCS

(2) The total amount of authorizations that the Sec-1

retary of Defense may transfer under the authority of this2

section may not exceed $2,000,000,000.3

(b) LIMITATIONS.—The authority provided by this4

section to transfer authorizations—5

(1) may only be used to provide authority for6

items that have a higher priority than the items7

from which authority is transferred; and8

(2) may not be used to provide authority for an9

item that has been denied authorization by Con-10

gress.11

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A12

transfer made from one account to another under the au-13

thority of this section shall be deemed to increase the14

amount authorized for the account to which the amount15

is transferred by an amount equal to the amount trans-16

ferred.17

(d) NOTICE TO CONGRESS.—The Secretary shall18

promptly notify Congress of each transfer made under19

subsection (a).20

SEC. 1002. DISBURSING AND CERTIFYING OFFICIALS.21

(a) DISBURSING OFFICIALS.—(1) Section 3321(c) of22

title 31, United States Code, is amended by striking out23

paragraph (2) and inserting in lieu thereof the following:24

‘‘(2) The Department of Defense.’’.25

318

•S 1026 PCS


amended—2

(A) in subsection (a)—3

(i) by striking out ‘‘With the approval of4

the Secretary of a military department when5

the Secretary considers it necessary, a disburs-6

ing official of the military department’’ and in-7

serting in lieu thereof ‘‘Subject to paragraph8

(3), a disbursing official of the Department of9

Defense’’; and10

(ii) by adding at the end the following new11

paragraph:12

‘‘(3) A disbursing official may make a designation13

under paragraph (1) only with the approval of the Sec-14

retary of Defense or, in the case of a disbursing official15

of a military department, the Secretary of that military16

department.’’; and17

(B) in subsection (b)(1), by striking out ‘‘any18

military department’’ and inserting in lieu thereof19

‘‘the Department of Defense’’.20

(b) DESIGNATION OF MEMBERS OF THE ARMED21

FORCES TO HAVE AUTHORITY TO CERTIFY VOUCH-22

ERS.—Section 3325(b) of title 31, United States Code, is23


319

•S 1026 PCS

‘‘(b) In addition to officers and employees referred1

to in subsection (a)(1)(B) of this section as having author-2

ization to certify vouchers, members of the armed forces3

under the jurisdiction of the Secretary of Defense may cer-4

tify vouchers when authorized, in writing, by the Secretary5

to do so.’’.6

(c) CONFORMING AMENDMENTS.—(1) Section 10127


out ‘‘Secretary concerned’’ both places it appears and in-9

serting in lieu thereof ‘‘Secretary of Defense’’.10

(2) Section 1007(a) of title 37, United States Code,11

is amended by striking out ‘‘Secretary concerned’’ and in-12

serting in lieu thereof ‘‘Secretary of Defense, or upon the13

denial of relief of an officer pursuant to section 3527 of14

title 31’’.15

(3)(A) Section 7863 of title 10, United States Code,16

is amended—17

(i) in the first sentence, by striking out ‘‘dis-18

bursements of public moneys or’’ and ‘‘the money19

was paid or’’; and20

(ii) in the second sentence, by striking out ‘‘dis-21

bursement or’’.22

(B)(i) The heading of such section is amended to read23

as follows:24

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‘‘§ 7863. Disposal of public stores by order of com-1

manding officer’’.2

(ii) The item relating to such section in the table of3

sections at the beginning of chapter 661 of such title is4


‘‘7863. Disposal of public stores by order of commanding officer.’’.

(4) Section 3527(b)(1) of title 31, United States6


(A) by striking out ‘‘a disbursing official of the8

armed forces’’ and inserting in lieu thereof ‘‘an offi-9

cial of the armed forces referred to in subsection10

(a)’’;11

(B) by striking out ‘‘records,’’ and inserting in12

lieu thereof ‘‘records, or a payment described in sec-13

tion 3528(a)(4)(A) of this title,’’;14

(C) by redesignating subparagraphs (A), (B),15

and (C) as clauses (i), (ii), and (iii), and realigning16

such clauses four ems from the left margin;17

(D) by inserting before clause (i), as redesig-18

nated by subparagraph (C), the following:19

‘‘(A) in the case of a physical loss or defi-20

ciency—’’;21

(E) in clause (iii), as redesignated by subpara-22

graph (C), by striking out the period at the end and23

inserting in lieu thereof ‘‘; or’’; and24

(F) by adding at the end the following:25

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•S 1026 PCS

‘‘(B) in the case of a payment described in sec-1

tion 3528(a)(4)(A) of this title, the Secretary of De-2

fense or the appropriate Secretary of the military3

department of the Department of Defense, after tak-4

ing a diligent collection action, finds that the criteria5

of section 3528(b)(1) of this title are satisfied.’’.6

SEC. 1003. DEFENSE MODERNIZATION ACCOUNT.7

(a) ESTABLISHMENT AND USE.—(1) Chapter 131 of8

title 10, United States Code, is amended by adding at the9

end the following:10

‘‘§ 2221. Defense Modernization Account11

‘‘(a) ESTABLISHMENT.—There is established in the12

Treasury a special account to be known as the ‘Defense13

Modernization Account’.14

‘‘(b) CREDITS TO ACCOUNT.—(1) Under regulations15

prescribed by the Secretary of Defense, the Secretary con-16

cerned may transfer to the Defense Modernization Ac-17

count during any fiscal year—18

‘‘(A) any amount of the funds available to the19

Secretary for procurements that, as a result of20

economies, efficiencies, and other savings achieved in21

the procurements, are excess to the funding require-22

ments of the procurements; and23

‘‘(B) any amount of the funds available to the24

Secretary for support of installations and facilities25

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that, as a result of economies, efficiencies, and other1

savings, are excess to the funding requirements for2

support of installations and facilities.3

‘‘(2) Funds referred to in paragraph (1) may not be4

transferred to the Defense Modernization Account by a5

Secretary concerned if the funds are necessary for pro-6

grams, projects, and activities that, as determined by the7

Secretary, have a higher priority than the purposes for8

which the funds would be available if transferred to that9

account.10

‘‘(3) Amounts credited to the Defense Modernization11

Account shall remain available until expended.12

‘‘(c) ATTRIBUTION OF FUNDS.—The funds trans-13

ferred to the Defense Modernization Account by a military14

department, Defense Agency, or other element of the De-15

partment of Defense shall be available in accordance with16

subsections (f) and (g) only for that military department,17

Defense Agency, or element.18

‘‘(d) USE OF FUNDS.—Funds available from the De-19

fense Modernization Account pursuant to subsection (f)20

or (g) may be used for the following purposes:21

‘‘(1) For increasing, subject to subsection (e),22

the quantity of items and services procured under a23

procurement program in order to achieve a more ef-24

ficient production or delivery rate.25

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‘‘(2) For research, development, test and eval-1

uation and procurement necessary for modernization2

of an existing system or of a system being procured3

under an ongoing procurement program.4

‘‘(e) LIMITATIONS.—(1) Funds from the Defense5

Modernization Account may not be used to increase the6

quantity of an item or services procured under a particular7

procurement program to the extent that doing so would—8

‘‘(A) result in procurement of a total quantity9

of items or services in excess of—10

‘‘(i) a specific limitation provided in law on11

the quantity of the items or services that may12

be procured; or13

‘‘(ii) the requirement for the items or serv-14

ices as approved by the Joint Requirements15

Oversight Council and reported to Congress by16

the Secretary of Defense; or17

‘‘(B) result in an obligation or expenditure of18

funds in excess of a specific limitation provided in19

law on the amount that may be obligated or ex-20

pended, respectively, for the procurement program.21

‘‘(2) Funds from the Defense Modernization Account22

may not be used for a purpose for which Congress has23

denied funds.24

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‘‘(f) TRANSFER OF FUNDS.—(1) Funds in the De-1

fense Modernization Account may be transferred in any2

fiscal year to appropriations available for use for purposes3

set forth in subsection (d) in a total amount not exceeding4

$500,000,000.5

‘‘(2) Before funds in the Defense Modernization Ac-6

count are transferred under paragraph (1), the Secretary7

concerned shall transmit to the Committees on Armed8

Services and Appropriations of the Senate and the Com-9

mittees on National Security and Appropriations of the10

House of Representatives a notification of the proposed11

transfer.12

‘‘(g) AVAILABILITY OF FUNDS FOR APPROPRIA-13

TION.—Funds in the Defense Modernization Account may14

be appropriated for purposes set forth in subsection (d)15

to the extent provided in Acts authorizing appropriations16

for the Department of the Defense.17

‘‘(h) SECRETARY TO ACT THROUGH COMPTROL-18

LER.—In exercising authority under this section, the Sec-19

retary of Defense shall act through the Under Secretary20

of Defense (Comptroller).21

‘‘(i) QUARTERLY REPORT.—Not later than 15 days22

after the end of each calendar quarter, the Secretary of23

Defense shall submit to the Committees on Armed Serv-24

ices and on Appropriations of the Senate and the Commit-25

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•S 1026 PCS

tees on National Security and on Appropriations of the1

House of Representatives a report on the amounts cred-2

ited to the Defense Modernization Account during the3

quarter and the amounts transferred, obligated, or ex-4

pended from the account during the quarter.5

‘‘(j) DEFINITION.—In this section, the term ‘Sec-6

retary concerned’ includes the Secretary of Defense.7

‘‘(k) INAPPLICABILITY TO COAST GUARD.—This sec-8

tion does not apply to the Coast Guard when it is not9

operating as a service in the Navy.’’.10


131 of such title is amended by adding at the end the12

following:13

‘‘2221. Defense Modernization Account.’’.

(b) EFFECTIVE DATE.—Section 2221 of title 10,14

United States Code (as added by subsection (a)), shall15

take effect on October 1, 1995, and shall apply only to16

funds appropriated for fiscal years beginning on or after17

that date.18

SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUP-19

PLEMENTAL APPROPRIATIONS FOR FISCAL20

YEAR 1995.21

(a) ADJUSTMENT TO PREVIOUS AUTHORIZATIONS.—22

Amounts authorized to be appropriated to the Department23

of Defense for fiscal year 1995 in the National Defense24

Authorization Act for Fiscal Year 1995 (Public Law 103–25

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•S 1026 PCS

337) are hereby adjusted, with respect to any such author-1

ized amount, by the amount by which appropriations pur-2

suant to such authorization were increased (by a supple-3

mental appropriation) or decreased (by a rescission), or4

both, in title I of the Emergency Supplemental Appropria-5

tions and Rescissions for the Department of Defense to6

Preserve and Enhance Military Readiness Act of 19957

(Public Law 104–6).8

(b) NEW AUTHORIZATION.—The appropriation pro-9

vided in section 104 of such Act is hereby authorized.10

SEC. 1005. LIMITATION ON USE OF AUTHORITY TO PAY FOR11

EMERGENCY AND EXTRAORDINARY EX-12

PENSES.13


amended—15


section (d); and17

(2) by inserting after subsection (b) the follow-18

ing new subsection (c):19

‘‘(c)(1) Funds may not be obligated or expended in20

an amount in excess of $500,000 under the authority of21

subsection (a) or (b) until the Secretary of Defense has22

notified the Committees on Armed Services and Appro-23

priations of the Senate and the Committees on National24

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•S 1026 PCS

Security and Appropriations of the House of Representa-1

tives of the intent to obligate or expend the funds, and—2

‘‘(A) in the case of an obligation or expenditure3

in excess of $1,000,000, 15 days have elapsed since4

the date of the notification; or5

‘‘(B) in the case of an obligation or expenditure6

in excess of $500,000, but not in excess of7

$1,000,000, 5 days have elapsed since the date of8

the notification.9

‘‘(2) Subparagraph (A) or (B) of paragraph (1) shall10

not apply to an obligation or expenditure of funds other-11

wise covered by such subparagraph if the Secretary of De-12

fense determines that the national security objectives of13

the United States will be compromised by the application14

of the subparagraph to the obligation or expenditure. If15

the Secretary makes a determination with respect to an16

expenditure under the preceding sentence, the Secretary17

shall notify the committees referred to in paragraph (1)18

not later than the later of—19

‘‘(A) 30 days after the date of the expenditure;20

or21

‘‘(B) the date on which the activity for which22

the expenditure is made is completed.23

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•S 1026 PCS

‘‘(3) A notification under this subsection shall include1

the amount to be obligated or expended, as the case may2

be, and the purpose of the obligation or expenditure.’’.3

SEC. 1006. TRANSFER AUTHORITY REGARDING FUNDS4

AVAILABLE FOR FOREIGN CURRENCY FLUC-5

TUATIONS.6

(a) TRANSFERS TO MILITARY PERSONNEL AC-7

COUNTS AUTHORIZED.—Section 2779 of title 10, United8


ing:10

‘‘(c) TRANSFERS TO MILITARY PERSONNEL AC-11

COUNTS.—(1) The Secretary of Defense may transfer12

funds to military personnel appropriations for a fiscal year13

out of funds available to the Department of Defense for14

that fiscal year under the appropriation ‘Foreign Currency15

Fluctuations, Defense’.16

‘‘(2) This subsection applies with respect to appro-17

priations for fiscal years beginning after September 30,18

1994.’’.19

(b) REVISION AND CODIFICATION OF AUTHORITY20

FOR TRANSFERS TO FOREIGN CURRENCY FLUCTUATIONS21

ACCOUNT.—Section 2779 of such title, as amended by22

subsection (a), is further amended by adding at the end23

the following:24

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•S 1026 PCS

‘‘(d) TRANSFERS TO FOREIGN CURRENCY FLUCTUA-1

TIONS ACCOUNT.—(1) The Secretary of Defense may2

transfer to the appropriation ‘Foreign Currency Fluctua-3

tions, Defense’ unobligated amounts of funds appropriated4

for operation and maintenance and unobligated amounts5

of funds appropriated for military personnel.6

‘‘(2) Any transfer from an appropriation under para-7

graph (1) shall be made not later than the end of the sec-8

ond fiscal year following the fiscal year for which the ap-9

propriation is provided.10

‘‘(3) Any transfer made pursuant to the authority11

provided in this subsection shall be limited so that the12

amount in the appropriation ‘Foreign Currency Fluctua-13

tions, Defense’ does not exceed $970,000,000 at the time14

such transfer is made.15

‘‘(4) This subsection applies with respect to appro-16

priations for fiscal years beginning after September 30,17

1993.’’.18

(c) CONDITIONS OF AVAILABILITY FOR TRANS-19

FERRED FUNDS.—Section 2779 of such title, as amended20

by subsection (b), is further amended by adding at the21


‘‘(e) CONDITIONS OF AVAILABILITY FOR TRANS-23

FERRED FUNDS.—Amounts transferred under subsection24

(c) or (d) shall be merged with and be available for the25

330

•S 1026 PCS

same purposes and for the same period as the appropria-1

tions to which transferred.’’.2

(d) CONFORMING AND TECHNICAL AMENDMENTS.—3

(1) Section 767A of Public Law 96–527 (94 Stat. 3093)4

is repealed.5

(2) Section 791 of the Department of Defense Appro-6

priation Act, 1983 (enacted in section 101(c) of Public7

Law 97–377; 96 Stat. 1865) is repealed.8


amended—10

(A) in subsection (a), by striking out ‘‘(a)(1)’’11

and inserting in lieu thereof ‘‘(a) TRANSFERS BACK12

TO FOREIGN CURRENCY FLUCTUATIONS APPRO-13

PRIATION.—(1) ’’; and14

(B) in subsection (b), by striking out ‘‘(b)(1)’’15

and inserting in lieu thereof ‘‘(b) FUNDING FOR16

LOSSES IN MILITARY CONSTRUCTION AND FAMILY17

HOUSING.—(1)’’.18

SEC. 1007. REPORT ON BUDGET SUBMISSION REGARDING19

RESERVE COMPONENTS.20

(a) SPECIAL REPORT.—The Secretary of Defense21

shall submit to the congressional defense committees, at22

the same time that the President submits the budget for23

fiscal year 1997 under section 1105(a) of title 31, United24

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•S 1026 PCS

States Code, a special report on funding for the reserve1

components of the Armed Forces.2

(b) CONTENT.—The report shall contain the follow-3

ing:4

(1) The actions taken by the Department of5

Defense to enhance the Army National Guard, the6

Air National Guard, and each of the other reserve7

components.8

(2) A separate listing, with respect to the Army9

National Guard, the Air National Guard, and each10

of the other reserve components, of each of the fol-11

lowing:12

(A) The specific amount requested for each13

major weapon system.14

(B) The specific amount requested for15

each item of equipment.16

(C) The specific amount requested for each17

military construction project, together with the18

location of each such project.19

Subtitle B—Naval Vessels20

SEC. 1011. IOWA CLASS BATTLESHIPS.21

(a) RETURN TO NAVAL VESSEL REGISTER.—The22

Secretary of the Navy shall list on the Naval Vessel Reg-23

ister, and maintain on such register, at least two of the24

332

•S 1026 PCS

Iowa class battleships that were stricken from the register1

in February 1995.2

(b) SELECTION OF SHIPS.—The Secretary shall se-3

lect for listing on the register under subsection (a) the4

Iowa class battleships that are in the best material condi-5

tion. In determining which battleships are in the best ma-6

terial condition, the Secretary shall take into consideration7

the findings of the Board of Inspection and Survey of the8

Navy, the extent to which each battleship has been mod-9

ernized during the last period of active service of the bat-10

tleship, and the military utility of each battleship after the11

modernization.12

(c) SUPPORT.—The Secretary shall retain the exist-13

ing logistical support necessary for support of at least two14

operational Iowa class battleships in active service, includ-15

ing technical manuals, repair and replacement parts, and16

ordnance.17

(d) REPLACEMENT CAPABILITY.—The requirements18

of this section shall cease to be effective 60 days after the19

Secretary certifies in writing to the Committee on Armed20

Services of the Senate and the Committee on National Se-21

curity of the House of Representatives that the Navy has22

within the fleet an operational surface fire support capa-23

bility that equals or exceeds the fire support capability24

that the Iowa class battleships listed on the Naval Vessel25

333

•S 1026 PCS

Register pursuant to subsection (a) would, if in active1

service, be able to provide for Marine Corps amphibious2

assaults and operations ashore.3

SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN4

FOREIGN COUNTRIES.5

(a) AUTHORITY.—The Secretary of the Navy is au-6

thorized to transfer—7

(1) to the Government of Bahrain the Oliver8

Hazard Perry class guided missile frigate Jack Wil-9

liams (FFG 24);10

(2) to the Government of Egypt the Oliver Haz-11

ard Perry class frigates Duncan (FFG 10) and12

Copeland (FFG 25);13

(3) to the Government of Oman the Oliver Haz-14

ard Perry class guided missile frigate Mahlon S. Tis-15

dale (FFG 27);16

(4) to the Government of Turkey the Oliver17

Hazard Perry class frigates Clifton Sprague (FFG18

16), Antrim (FFG 20), and Flatley (FFG 21); and19

(5) to the Government of the United Arab20

Emirates the Oliver Hazard Perry class guided mis-21

sile frigate Gallery (FFG 26).22

(b) FORMS OF TRANSFER.—(1) A transfer under23

paragraph (1), (2), (3), or (4) of subsection (a) shall be24

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•S 1026 PCS

on a grant basis under section 516 of the Foreign Assist-1

ance Act of 1961 (22 U.S.C. 2321j).2

(2) A transfer under paragraph (5) of subsection (a)3

shall be on a lease basis under section 61 of the Arms4

Export Control Act (22 U.S.C. 2796).5

(c) WAIVER OF CONGRESSIONAL NOTIFICATION RE-6

QUIREMENTS.—The following provisions do not apply with7

respect to the transfers authorized by subsection (a):8

(1) In the case of a grant under section 516 of9

the Foreign Assistance Act of 1961, subsection (c)10

of such section and any similar provision of law.11

(2) In the case of a lease under section 61 of12

the Arms Export Control Act, section 62 of that Act13

(except that section 62 of that Act shall apply to any14

renewal of the lease).15

(d) COSTS OF TRANSFERS.—Any expense incurred by16

the United States in connection with a transfer authorized17

by subsection (a) shall be charged to the recipient.18

(e) EXPIRATION OF AUTHORITY.—The authority to19

transfer a vessel under subsection (a) shall expire at the20

end of the 2-year period beginning on the date of the en-21

actment of this Act, except that a lease entered into dur-22

ing that period under subsection (b)(2) may be renewed.23

335

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Subtitle C—Counter-Drug1

Activities2

SEC. 1021. REVISION AND CLARIFICATION OF AUTHORITY3

FOR FEDERAL SUPPORT OF DRUG INTERDIC-4

TION AND COUNTER-DRUG ACTIVITIES OF5

THE NATIONAL GUARD.6

(a) FUNDING ASSISTANCE.—Subsection (a) of sec-7

tion 112 of title 32, United States Code, is amended—8

(1) by striking out ‘‘submits a plan to the Sec-9

retary under subsection (b)’’ in the matter above10

paragraph (1) and inserting in lieu thereof ‘‘submits11

to the Secretary a State drug interdiction and12

counter-drug activities plan satisfying the require-13

ments of subsection (c)’’;14


graph (3); and16

(3) by striking out paragraph (1) and inserting17


‘‘(1) the pay, allowances, clothing, subsistence,19

gratuities, travel, and related expenses, as author-20

ized by State law, of personnel of the National21

Guard of that State used, while not in Federal serv-22

ice, for the purpose of drug interdiction and counter-23

drug activities;24

336

•S 1026 PCS

‘‘(2) the operation and maintenance of the1

equipment and facilities of the National Guard of2

that State used for the purpose of drug interdiction3

and counter-drug activities; and’’.4

(b) USE OF PERSONNEL PERFORMING FULL-TIME5

NATIONAL GUARD DUTY.—Section 112 of such title is6

amended—7

(1) by striking out subsection (e);8

(2) by redesignating subsections (b), (c), (d),9

and (f) as subsections (c), (d), (f), and (g), respec-10

tively; and11

(3) by inserting after subsection (a) the follow-12

ing new subsection (b):13

‘‘(b) USE OF PERSONNEL PERFORMING FULL TIME14

NATIONAL GUARD DUTY.—(1) Subject to subsection (e),15

personnel of the National Guard of a State may be ordered16

to perform full-time National Guard duty under section17

502(f) of this title for the purpose of carrying out drug18

interdiction and counter-drug activities.19

‘‘(2) Under regulations prescribed by the Secretary20

of Defense, the Governor of a State may, in accordance21

with the State drug interdiction and counter-drug activi-22

ties plan referred to in subsection (c), request that person-23

nel of the National Guard of the State be ordered to per-24

form full-time National Guard duty under section 502(f)25

337

•S 1026 PCS

of this title for the purpose of carrying out drug interdic-1

tion and counter-drug activities.’’.2

(c) STATE PLAN.—Subsection (c) of such section, as3

redesignated by subsection (b)(2), is amended—4

(1) in the matter above paragraph (1), by strik-5

ing out ‘‘A plan’’ and inserting in lieu thereof ‘‘A6

State drug interdiction and counter-drug activities7

plan’’;8

(2) by striking out ‘‘and’’ at the end of para-9

graph (2); and10


(A) by striking out ‘‘annual training’’ and12

inserting in lieu thereof ‘‘training’’;13


and inserting in lieu thereof a semicolon; and15


‘‘(4) include a certification by the Attorney17

General of the State (or, in the case of a State with18

no position of Attorney General, a civilian official of19

the State equivalent to a State attorney general)20

that the use of the National Guard of the State for21

the activities proposed under the plan is authorized22

by, and is consistent with, State law; and23

‘‘(5) certify that the Governor of the State or24

a civilian law enforcement official of the State des-25

338

•S 1026 PCS

ignated by the Governor has determined that any ac-1

tivities included in the plan that are carried out in2

conjunction with Federal law enforcement agencies3

serve a State law enforcement purpose.’’.4

(d) EXAMINATION OF STATE PLAN.—Subsection (d)5

of such section, as redesignated by subsection (b)(2), is6

amended—7


(A) by inserting after ‘‘Before funds are9

provided to the Governor of a State under this10

section’’ the following: ‘‘and before members of11

the National Guard of that State are ordered to12

full-time National Guard duty as authorized in13

subsection (b)(1)’’; and14

(B) by striking out ‘‘subsection (b)’’ and15

inserting in lieu thereof ‘‘subsection (c)’’; and16


(A) by striking out ‘‘subsection (b)’’ in18

subparagraph (A) and inserting in lieu thereof19

‘‘subsection (c)’’; and20

(B) by striking out subparagraph (B) and21


‘‘(B) pursuant to the plan submitted for a pre-23

vious fiscal year, funds were provided to the State24

in accordance with subsection (a) or personnel of the25

339

•S 1026 PCS

National Guard of the State were ordered to per-1

form full-time National Guard duty in accordance2

with subsection (b).’’.3

(e) END STRENGTH LIMITATION.—Such section is4

amended by inserting after subsection (d), as redesignated5

by subsection (b)(2), the following new subsection (e):6

‘‘(e) END STRENGTH LIMITATION.—(1) Except as7

provided in paragraph (2), at the end of a fiscal year there8

may not be more than 4000 members of the National9

Guard—10

‘‘(A) on full-time National Guard duty under11

section 502(f) of this title to perform drug interdic-12

tion or counter-drug activities pursuant to an order13

to duty for a period of more than 180 days; or14

‘‘(B) on duty under State authority to perform15

drug interdiction or counter-drug activities pursuant16

to an order to duty for a period of more than 18017

days with State pay and allowances being reim-18

bursed with funds provided under subsection (a)(1).19

‘‘(2) The Secretary of Defense may increase the end20

strength authorized under paragraph (1) by not more than21

20 percent for any fiscal year if the Secretary determines22

that such an increase is necessary in the national security23

interests of the United States.’’.24

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•S 1026 PCS

(f) DEFINITIONS.—Subsection (g) of such section, as1

redesignated by subsection (b)(2), is amended by striking2

out paragraph (1) and inserting in lieu thereof the follow-3

ing:4

‘‘(1) The term ‘drug interdiction and counter-5

drug activities’, with respect to the National Guard6

of a State, means the use of National Guard person-7

nel in drug interdiction and counter-drug law en-8

forcement activities authorized by the law of the9

State and requested by the Governor of the State.’’.10

SEC. 1022. NATIONAL DRUG INTELLIGENCE CENTER.11

(a) LIMITATION ON USE OF FUNDS.—Except as pro-12

vided in subsection (b), funds appropriated or otherwise13

made available for the Department of Defense pursuant14

to this or any other Act may not be obligated or expended15

for the National Drug Intelligence Center, Johnstown,16

Pennsylvania.17

(b) EXCEPTION.—If the Attorney General operates18

the National Drug Intelligence Center using funds avail-19

able for the Department of Justice, the Secretary of De-20

fense may continue to provide Department of Defense in-21

telligence personnel to support intelligence activities at the22

Center. The number of such personnel providing support23

to the Center after the date of the enactment of this Act24

may not exceed the number of the Department of Defense25

341

•S 1026 PCS

intelligence personnel who are supporting intelligence ac-1

tivities at the Center on the day before such date.2

SEC. 1023. ASSISTANCE TO CUSTOMS SERVICE.3

(a) NONINTRUSIVE INSPECTION SYSTEMS.—The4

Secretary of Defense shall, using funds available pursuant5

to subsection (b), either—6

(1) procure nonintrusive inspection systems and7

transfer the systems to the United States Customs8

Service; or9

(2) transfer the funds to the Secretary of the10

Treasury for use to procure nonintrusive inspection11

systems for the United States Customs Service.12

(b) FUNDING.—Of the amounts authorized to be ap-13


available for carrying out subsection (a).15

Subtitle D—Department of Defense16

Education Programs17

SEC. 1031. CONTINUATION OF THE UNIFORMED SERVICES18

UNIVERSITY OF THE HEALTH SCIENCES.19

(a) POLICY.—Congress reaffirms—20

(1) the prohibition set forth in subsection (a) of21

section 922 of the National Defense Authorization22

Act for Fiscal Year 1995 (Public Law 103–337; 10823

Stat. 2829; 10 U.S.C. 2112 note) regarding closure24

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•S 1026 PCS

of the Uniformed Services University of the Health1

Sciences; and2

(2) the expression of the sense of Congress set3

forth in subsection (b) of such section regarding the4

budgetary commitment to continuation of the uni-5

versity.6

(b) PERSONNEL STRENGTH.—During the 5-year pe-7

riod beginning on October 1, 1995, the personnel staffing8

levels for the Uniformed Services University of the Health9

Services may not be reduced below the personnel staffing10

levels for the university as of October 1, 1993.11

SEC. 1032. ADDITIONAL GRADUATE SCHOOLS AND PRO-12

GRAMS AT THE UNIFORMED SERVICES UNI-13

VERSITY OF THE HEALTH SCIENCES.14


amended by striking out subsection (h) and inserting in16

lieu thereof the following:17

‘‘(h) The Board may establish the following edu-18

cational programs:19

‘‘(1) Postdoctoral, postgraduate, and techno-20

logical institutes.21

‘‘(2) A graduate school of nursing.22

‘‘(3) Other schools or programs that the Board23

determines necessary in order to operate the Univer-24

sity in a cost-effective manner.’’.25

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SEC. 1033. FUNDING FOR BASIC ADULT EDUCATION PRO-1

GRAMS FOR MILITARY PERSONNEL AND DE-2

PENDENTS OUTSIDE THE UNITED STATES.3

Of the amounts authorized to be appropriated pursu-4

ant to section 301, $600,000 shall be available to carry5

out adult education programs, consistent with the Adult6

Education Act (20 U.S.C. 1201 et seq.), for—7

(1) members of the Armed Forces who are serv-8

ing in locations that are outside the United States9

and not described in subsection (b) of such section10

313; and11

(2) the dependents of such members.12

SEC. 1034. SCOPE OF EDUCATION PROGRAMS OF COMMU-13

NITY COLLEGE OF THE AIR FORCE.14


is amended by striking out ‘‘for enlisted members of the16

armed forces’’ and inserting in lieu thereof ‘‘for enlisted17

members of the Air Force’’.18

SEC. 1035. DATE FOR ANNUAL REPORT ON SELECTED RE-19

SERVE EDUCATIONAL ASSISTANCE PRO-20

GRAM.21


amended by striking out ‘‘December 15 of each year’’ and23

inserting in lieu thereof ‘‘March 1 of each year’’.24

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Subtitle E—Cooperative Threat Re-1

duction With States of the2

Former Soviet Union3

SEC. 1041. COOPERATIVE THREAT REDUCTION PROGRAMS4

DEFINED.5

For purposes of this subtitle, Cooperative Threat Re-6

duction programs are the programs described in section7

1203(b) of the Cooperative Threat Reduction Act of 19938

(title XII of Public Law 103–160; 107 Stat. 1778; 229

U.S.C. 5952(b)).10

SEC. 1042. FUNDING MATTERS.11

(a) LIMITATION.—Funds authorized to be appro-12

priated under section 301(18) may not be obligated for13

any program established primarily to assist nuclear weap-14

ons scientists in States of the former Soviet Union until15

30 days after the date on which the Secretary of Defense16

certifies in writing to Congress that the funds to be obli-17

gated will not be used to contribute to the modernization18

of the strategic nuclear forces of such States or for re-19

search, development, or production of weapons of mass de-20

struction.21

(b) REIMBURSEMENT OF PAY ACCOUNTS.—Funds22

authorized to be appropriated under section 301(18) may23

be transferred to military personnel accounts for reim-24

bursement of those accounts for the pay and allowances25

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•S 1026 PCS

paid to reserve component personnel for service while en-1

gaged in any activity under a Cooperative Threat Reduc-2

tion program.3

SEC. 1043. LIMITATION RELATING TO OFFENSIVE BIOLOGI-4

CAL WARFARE PROGRAM OF RUSSIA.5


ings:7

(1) Even though the President of Russia and8

other senior leaders of the Russian government have9

committed Russia to comply with the Biological10

Weapons Convention, a June 1995 United States11

Government report asserts that official United12

States concern remains about the Russian biological13

warfare program.14

(2) In reviewing the President’s budget request15

for fiscal year 1996 for Cooperative Threat Reduc-16

tion, and consistent with the finding in section17

1207(a)(5) of the National Defense Authorization18

Act for Fiscal Year 1995 (Public Law 103–337; 10819

Stat. 2884), the Senate has taken into consideration20

the questions and concerns about Russia’s biological21

warfare program and Russia’s compliance with the22

obligations under the Biological Weapons Conven-23

tion.24

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•S 1026 PCS

(b) LIMITATION ON USE OF FUNDS FOR COOPERA-1

TIVE THREAT REDUCTION.—Of the amount available2

under section 301(18) for Cooperative Threat Reduction3

programs, $50,000,000 shall be reserved and not obligated4

until the President certifies to Congress that Russia is in5

compliance with the obligations under the Biological6

Weapons Convention.7

Subtitle F—Matters Relating to8

Other Nations9

SEC. 1051. COOPERATIVE RESEARCH AND DEVELOPMENT10

AGREEMENTS WITH NATO ORGANIZATIONS.11

Section 2350b(e) of title 10, United States Code, is12

amended—13

(1) in paragraph (1), by inserting ‘‘or a NATO14

organization’’ after ‘‘a participant (other than the15

United States)’’; and16

(2) in paragraph (2), by inserting ‘‘or a NATO17

organization’’ after ‘‘a cooperative project’’.18

SEC. 1052. NATIONAL SECURITY IMPLICATIONS OF UNITED19

STATES EXPORT CONTROL POLICY.20


ings:22

(1) Export controls remain an important ele-23

ment of the national security policy of the United24

States.25

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•S 1026 PCS

(2) It is in the national interest that United1

States export control policy prevent the transfer, to2

potential adversaries or combatants of the United3

States, of technology that threatens the national se-4

curity or defense of the United States.5

(3) It is in the national interest that the United6

States monitor aggressively the export of technology7

in order to prevent its diversion to potential adver-8

saries or combatants of the United States.9

(4) The Department of Defense relies increas-10

ingly on commercial and dual-use technologies, prod-11

ucts, and processes to support United States mili-12

tary capabilities and economic strength.13

(5) The Department of Defense evaluates li-14

cense applications for the export of commodities15

whose export is controlled for national security rea-16

sons if such commodities are exported to certain17

countries, but the Department does not evaluate li-18

cense applications for the export of such commod-19

ities if such commodities are exported to other coun-20

tries.21

(b) SENSE OF CONGRESS.—It is the sense of Con-22

gress that—23

(1) the maintenance of the military advantage24

of the United States depends on effective export con-25

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•S 1026 PCS

trols on dual-use items and technologies that are1

critical to the military capabilities of the Armed2

Forces;3

(2) the Government should identify the dual-use4

items and technologies that are critical to the mili-5

tary capabilities of the Armed Forces, including the6

military use made of such items and technologies,7

and should reevaluate the export control policy of8

the United States in light of such identification; and9

(3) the Government should utilize unilateral ex-10

port controls on dual-use items and technologies that11

are critical to the military capabilities of the Armed12

Forces (regardless of the availability of such items13

or technologies overseas) with respect to the coun-14

tries that—15

(A) pose a threat to the national security16

interests of the United States; and17

(B) are not members in good standing of18

bilateral or multilateral agreements to which19

the United States is a party on the use of such20

items and technologies.21

(c) REPORT REQUIRED.—(1) Not later than Decem-22

ber 1, 1995, the Secretary of Defense shall submit to Con-23

gress a report on the effect of the export control policy24

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•S 1026 PCS

of the United States on the national security interests of1

the United States.2

(2) The report shall include the following:3

(A) A list setting forth each country determined4

to be a rogue nation or potential adversary or com-5

batant of the United States.6

(B) For each country so listed, a list of—7

(i) the categories of items that should be8

prohibited for export to the country;9

(ii) the categories of items that should be10

exported to the country only under an individ-11

ual license with conditions; and12

(iii) the categories of items that may be ex-13

ported to the country under a general distribu-14

tion license.15

(C) For each category of items listed under16

clauses (ii) and (iii) of subparagraph (B)—17

(i) a statement whether export controls on18

the category of items are to be imposed under19

a multilateral international agreement or a uni-20

lateral decision of the United States; and21

(ii) a justification for the decision not to22

prohibit the export of the items to the country.23

(D) A description of United States policy on24

sharing satellite imagery that has military signifi-25

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•S 1026 PCS

cance and a discussion of the criteria for determin-1

ing the imagery that has that significance.2

(E) A description of the relationship between3

United States policy on the export of space launch4

vehicle technology and the Missile Technology Con-5

trol Regime.6

(F) An assessment of United States efforts to7

support the inclusion of additional countries in the8

Missile Technology Control Regime.9

(G) An assessment of the on-going efforts made10

by potential participant countries in the Missile11

Technology Control Regime to meet the guidelines12

established by the Missile Technology Control Re-13

gime.14

(H) A brief discussion of the history of the15

space launch vehicle programs of other countries, in-16

cluding a discussion of the military origins and pur-17

poses of such programs and the current level of mili-18

tary involvement in such programs.19

(3) The Secretary shall submit the report in unclassi-20

fied form but may include a classified annex.21

(4) In this subsection, the term ‘‘Missile Technology22

Control Regime’’ means the policy statement between the23

United States , the United Kingdom, the Federal Republic24

of Germany, France, Italy, Canada, and Japan, an-25

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•S 1026 PCS

nounced on April 16, 1987, to restrict sensitive missile-1

relevant transfers based on the Missile Technology Control2

Regime Annex, and any amendments thereto.3

(d) DEPARTMENT OF DEFENSE REVIEW OF EXPORT4

LICENSES FOR CERTAIN BIOLOGICAL PATHOGENS.—(1)5

Notwithstanding any other provision of law, the Secretary6

of Defense shall, in consultation with appropriate elements7

of the intelligence community, review each application that8

is submitted to the Secretary of Commerce for an individ-9

ual validated license for the export of a class 2, class 3,10

or class 4 biological pathogen to a country known or sus-11

pected to have an offensive biological weapons program.12

The purpose of the review is to determine if the export13

of the pathogen pursuant to the license would be contrary14

to the national security interests of the United States.15

(2) The Secretary of Defense, in consultation with16

the Secretary of State and the intelligence community,17

shall periodically inform the Secretary of Commerce as to18

the countries known or suspected to have an offensive bio-19

logical weapons program.20

(3) In order to facilitate the review of an application21

for an export license by appropriate elements of the intel-22

ligence committee under paragraph (1), the Secretary of23

Defense shall submit a copy of the application to such ap-24

propriate elements.25

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•S 1026 PCS

(4) The Secretary of Defense shall carry out the re-1

view of an application under this subsection not later than2

30 days after the date on which the Secretary of Com-3

merce forwards a copy of the application to the Secretary4

of Defense for review.5

(5) Upon completion of the review of an application6

for an export license under this subsection, the Secretary7

of Defense shall notify the Secretary of Commerce if the8

export of a biological pathogen pursuant to the license9

would be contrary to the national security interests of the10

United States.11

(6) Notwithstanding any other provision of law, upon12

receipt of a notification with respect to an application for13

an export license under paragraph (5), the Secretary of14

Commerce shall deny the application.15

(7) In this subsection:16

(A) The term ‘‘class 2, class 3, or class 4 bio-17

logical pathogen’’ means any biological pathogen18

characterized as a class 2, class 3, or class 4 biologi-19

cal pathogen by the Centers for Disease Control.20

(B) The term ‘‘intelligence community’’ has the21

meaning given such term in section 3(4) of the Na-22

tional Security Act of 1947 (50 U.S.C. 401a(4).23

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SEC. 1053. DEFENSE EXPORT LOAN GUARANTEES.1

(a) ESTABLISHMENT OF PROGRAM.—(1) Chapter2

148 of title 10, United States Code, is amended by adding3

at the end the following new subchapter:4

‘‘SUBCHAPTER VI—DEFENSE EXPORT LOAN5

GUARANTEES6

‘‘Sec.

‘‘2540. Establishment of loan guarantee program.

‘‘2540a. Transferability.

‘‘2540b. Limitations.

‘‘2540c. Fees charged and collected.

‘‘2540d. Definitions.

‘‘§ 2540. Establishment of loan guarantee program7

‘‘(a) ESTABLISHMENT.—In order to meet the na-8

tional security objectives in section 2501(a) of this title,9

the Secretary of Defense shall establish a program under10

which the Secretary may issue guarantees assuring a lend-11

er against losses of principal or interest, or both principal12

and interest, arising out of the financing of the sale or13

long-term lease of defense articles, defense services, or de-14

sign and construction services to a country referred to in15

subsection (b).16

‘‘(b) COVERED COUNTRIES.—The authority under17

subsection (a) applies with respect to the following coun-18

tries:19

‘‘(1) A member nation of the North Atlantic20

Treaty Organization (NATO).21

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•S 1026 PCS

‘‘(2) A country designated as of March 31,1

1995, as a major non-NATO ally pursuant to sec-2

tion 2350a(i)(3) of this title.3

‘‘(3) A country in Central Europe that, as de-4

termined by the Secretary of State—5

‘‘(A) has changed its form of national gov-6

ernment from a nondemocratic form of govern-7

ment to a democratic form of government since8

October 1, 1989; or9

‘‘(B) is in the processing of changing its10

form of national government from a11

nondemocratic form of government to a demo-12

cratic form of government.13

‘‘(4) A noncommunist country that was a mem-14

ber nation of the Asia Pacific Economic Cooperation15

(APEC) as of October 31, 1993.16

‘‘(c) AUTHORITY SUBJECT TO PROVISIONS OF AP-17

PROPRIATIONS.—The Secretary may guarantee a loan18

under this subchapter only as provided in appropriations19

Acts.20

‘‘§ 2540a. Transferability21

‘‘A guarantee issued under this subchapter shall be22

fully and freely transferable.23

355

•S 1026 PCS

‘‘§ 2540b. Limitations1

‘‘(a) TERMS AND CONDITIONS OF LOAN GUARAN-2

TEES.—In issuing a guarantee under this subchapter for3

a medium-term or long-term loan, the Secretary may not4

offer terms and conditions more beneficial than those that5

would be provided to the recipient by the Export-Import6

Bank of the United States under similar circumstances7

in conjunction with the provision of guarantees for8

nondefense articles and services.9

‘‘(b) LOSSES ARISING FROM FRAUD OR MISREPRE-10

SENTATION.—No payment may be made under a guaran-11

tee issued under this subchapter for a loss arising out of12

fraud or misrepresentation for which the party seeking13

payment is responsible.14

‘‘(c) NO RIGHT OF ACCELERATION.—The Secretary15

of Defense may not accelerate any guaranteed loan or in-16

crement, and may not pay any amount, in respect of a17

guarantee issued under this subchapter, other than in ac-18

cordance with the original payment terms of the loan.19

‘‘§ 2540c. Fees charged and collected20

‘‘(a) IN GENERAL.—The Secretary of Defense shall21

charge a fee (known as ‘exposure fee’) for each guarantee22

issued under this subchapter.23

‘‘(b) AMOUNT.—To the extent that the cost of the24

loan guarantees under this subchapter is not otherwise25

provided for in appropriations Acts, the fee imposed under26

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•S 1026 PCS

this section with respect to a loan guarantee shall be fixed1

in an amount determined by the Secretary to be sufficient2

to meet potential liabilities of the United States under the3

loan guarantee.4

‘‘(c) PAYMENT TERMS.—The fee for each guarantee5

shall become due as the guarantee is issued. In the case6

of a guarantee for a loan which is disbursed incrementally,7

and for which the guarantee is correspondingly issued in-8

crementally as portions of the loan are disbursed, the fee9

shall be paid incrementally in proportion to the amount10

of the guarantee that is issued.11

‘‘§ 2540d. Definitions12

‘‘In this subchapter:13

‘‘(1) The terms ‘defense article’, ‘defense serv-14

ices’, and ‘design and construction services’ have the15

meanings given those terms in section 47 of the16

Arms Export Control Act (22 U.S.C. 2794).17

‘‘(2) The term ‘cost’, with respect to a loan18

guarantee, has the meaning given that term in sec-19

tion 502 of the Congressional Budget and Impound-20

ment Control Act of 1974 (2 U.S.C. 661a).’’.21

(2) The table of subchapters at the beginning of such22

chapter is amended by adding at the end the following23

new item:24

‘‘VI. Defense Export Loan Guarantees .................................................... 2540’’.

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•S 1026 PCS

(b) REPORT.—(1) Not later than two years after the1

date of the enactment of this Act, the President shall sub-2

mit to Congress a report on the loan guarantee program3

established pursuant to section 2540 of title 10, United4

States Code, as added by subsection (a).5

(2) The report shall include—6

(A) an analysis of the costs and benefits of the7

loan guarantee program; and8

(B) any recommendations for modification of9

the program that the President considers appro-10

priate, including—11

(i) any recommended addition to the list of12

countries for which a guarantee may be issued13

under the program; and14

(ii) any proposed legislation necessary to15

authorize a recommended modification.16

SEC. 1054. LANDMINE CLEARING ASSISTANCE PROGRAM.17

(a) REVISION OF AUTHORITY.—Section 1413 of the18



note) is amended by adding at the end the following:21

‘‘(f) SPECIAL REQUIREMENTS FOR FISCAL YEAR22

1996.—Funds available for fiscal year 1996 for the pro-23

gram under subsection (a) may not be obligated for in-24

volvement of members of the Armed Forces in an activity25

358

•S 1026 PCS

under the program until the date that is 30 days after1

the date on which the Secretary of Defense certifies to2

Congress, in writing, that the involvement of such person-3

nel in the activity satisfies military training requirements4

for such personnel.5

‘‘(g) TERMINATION OF AUTHORITY.—The Secretary6

of Defense may not provide assistance under subsection7

(a) after September 30, 1996.’’.8

(b) REVISION OF DEFINITION OF LANDMINE.—Sec-9

tion 1423(d)(3) of the National Defense Authorization Act10

for Fiscal Year 1994 (Public Law 103–160; 107 Stat.11

1831) is amended by striking out ‘‘by remote control or’’.12

(c) FISCAL YEAR 1996 FUNDING.—Of the amount13

authorized to be appropriated by section 301 for Overseas14

Humanitarian, Disaster, and Civic Aid (OHDACA) pro-15

grams of the Department of Defense, not more than16

$20,000,000 shall be available for the program of assist-17

ance under section 1413 of the National Defense Author-18

ization Act for Fiscal Year 1995 (Public Law 103–337;19

108 Stat. 2913; 10 U.S.C. 401 note).20

SEC. 1055. STRATEGIC COOPERATION BETWEEN THE21

UNITED STATES AND ISRAEL.22


ings:24

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(1) The President and Congress have repeat-1

edly declared the long-standing United States com-2

mitment to maintaining the qualitative superiority of3

the Israel Defense Forces over any combination of4

potential adversaries.5

(2) Congress continues to recognize the many6

benefits to the United States from its strategic rela-7

tionship with Israel, including that of enhanced re-8

gional stability and technical cooperation.9

(3) Despite the historic peace effort in which10

Israel and its neighbors are engaged, Israel contin-11

ues to face severe potential threats to its national se-12

curity that are compounded by terrorism and by the13

proliferation of weapons of mass destruction and14

ballistic missiles.15

(4) Congress supports enhanced United States16

cooperation with Israel in all fields and, especially,17

in finding new ways to deter or counter mutual18

threats.19

(b) UNITED STATES POLICY.—It shall be the policy20

of the United States that—21

(1) the President should ensure that any con-22

ventional defense system or technology offered by23

the United States for sale to any member nation of24

the North Atlantic Treaty Organization (NATO) or25

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•S 1026 PCS

to any major non-NATO ally is concurrently made1

available for purchase by Israel unless the President2

determines that it would not be in the national secu-3

rity interests of the United States to do so; and4

(2) the President should make available to Is-5

rael, within existing technology transfer laws, regula-6

tions, and policies, advanced United States tech-7

nology necessary for achieving continued progress in8

cooperative United States-Israel research and devel-9

opment of theater missile defenses.10

SEC. 1056. SUPPORT SERVICES FOR THE NAVY AT THE11

PORT OF HAIFA, ISRAEL.12

It is the sense of Congress that the Secretary of the13

Navy should promptly undertake such actions as are nec-14

essary—15

(1) to improve the services available to the16

Navy at the Port of Haifa, Israel; and17

(2) to ensure that the continuing increase in18

commercial activities at the Port of Haifa does not19

adversely affect the availability to the Navy of the20

services required by the Navy at the port.21

361

•S 1026 PCS

SEC. 1057. PROHIBITION ON ASSISTANCE TO TERRORIST1

COUNTRIES.2

(a) PROHIBITION.—Subchapter I of chapter 134 of3

title 10, United States Code, is amended by adding at the4

end the following:5

‘‘§ 2249a. Prohibition on assistance to terrorist coun-6

tries7

‘‘(a) PROHIBITION.—Funds available to the Depart-8

ment of Defense may not be obligated or expended to pro-9

vide financial assistance to—10

‘‘(1) any country with respect to which the Sec-11

retary of State has made a determination under sec-12

tion 6(j)(1)(A) of the Export Administration Act of13

1979 (50 App. 2405(j));14

‘‘(2) any country identified in the latest report15

submitted to Congress under section 140 of the For-16

eign Relations Authorization Act, Fiscal Years 198817

and 1989 (22 U.S.C. 2656f), as providing signifi-18

cant support for international terrorism; or19

‘‘(3) any other country that, as determined by20

the President—21

‘‘(A) grants sanctuary from prosecution to22

any individual or group that has committed an23

act of international terrorism; or24

‘‘(B) otherwise supports international ter-25

rorism.26

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•S 1026 PCS

‘‘(b) WAIVER.—(1) The President may waive the ap-1

plication of subsection (a) to a country if the President2

determines that it is in the national security interests of3

the United States to do so or that the waiver should be4

granted for humanitarian reasons.5

‘‘(2) The President shall—6

‘‘(A) notify the Committees on Armed Services7

and Foreign Relations of the Senate and the Com-8

mittees on National Security and on International9

Relations of the House of Representatives at least10

15 days before the waiver takes effect; and11

‘‘(B) publish a notice of the waiver in the Fed-12

eral Register.13

‘‘(c) DEFINITION.—In this section, the term ‘inter-14

national terrorism’ has the meaning given that term in15

section 140(d) of the Foreign Relations Authorization Act,16

Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)).’’.17


at the beginning of subchapter I of such chapter is amend-19

ed by adding at the end the following:20

‘‘2249a. Prohibition on assistance to terrorist countries.’’.

SEC. 1058. INTERNATIONAL MILITARY EDUCATION AND21

TRAINING.22


gress that—24

363

•S 1026 PCS

(1) it is in the national security interest of the1

United States to promote military professionalism2

(including an understanding of and respect for the3

proper role of the military in a civilian-led demo-4

cratic society), the effective management of defense5

resources, the recognition of internationally recog-6

nized human rights, and an effective military justice7

system within the armed forces of allies of the Unit-8

ed States and of countries friendly to the United9

States;10

(2) it is in the national security interest of the11

United States to foster rapport, understanding, and12

cooperation between the Armed Forces of the United13

States and the armed forces of allies of the United14

States and of countries friendly to the United15

States;16

(3) the international military education and17

training program is a low-cost method of promoting18

military professionalism within the armed forces of19

allies of the United States and of countries friendly20

to the United States and fostering better relations21

between the Armed Forces of the United States and22

those armed forces;23

(4) the dissolution of the Soviet Union and the24

Warsaw Pact alliance and the spread of democracy25

364

•S 1026 PCS

in the Western Hemisphere have created an oppor-1

tunity to promote the military professionalism of the2

armed forces of the affected nations;3

(5) funding for the international military edu-4

cation and training program of the United States5

has decreased dramatically in recent years;6

(6) the decrease in funding for the international7

military education and training program has re-8

sulted in a major decrease in the participation of9

personnel from Asia, Latin America, and Africa in10

the program;11

(7) the Chairman of the Joint Chiefs of Staff12

and the commanders in chief of the regional combat-13

ant commands have consistently testified before con-14

gressional committees that the international military15

education and training program fosters cooperation16

with and improves military management, civilian17

control over the military forces, and respect for18

human rights within foreign military forces; and19

(8) the delegation by the President to the Sec-20

retary of Defense of authority to perform functions21

relating to the international military education and22

training program is appropriate and should be con-23

tinued.24

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•S 1026 PCS

(b) ACTIVITIES AUTHORIZED.—(1) Part I of subtitle1

A of title 10, United States Code, is amended by adding2

at the end the following:3

‘‘CHAPTER 23—CONTACTS UNDER PRO-4

GRAMS IN SUPPORT OF FOREIGN5

MILITARY FORCES6

‘‘Sec.

‘‘461. Military-to-military contacts and comparable activities.

‘‘462. International military education and training.

‘‘§ 462. International military education and training7

‘‘(a) PROGRAM AUTHORITY.—Subject to the provi-8

sions of chapter 5 of part II of the Foreign Assistance9

Act of 1961 (22 U.S.C. 2347 et seq.), the Secretary of10

Defense, upon the recommendation of a commander of a11

combatant command, or, with respect to a geographic area12

or areas not within the area of responsibility of a com-13

mander of a combatant command, upon the recommenda-14

tion of the Chairman of the Joint Chiefs of Staff, may15

pay a portion of the costs of providing international mili-16

tary education and training to military personnel of for-17

eign countries and to civilian personnel of foreign coun-18

tries who perform national defense functions.19

‘‘(b) RELATIONSHIP TO OTHER FUNDING.—Any20

amount provided pursuant to subsection (a) shall be in21

addition to amounts otherwise available for international22

military education and training for that fiscal year.’’.23

366

•S 1026 PCS


redesignated as section 461, is transferred to chapter 232

(as added by paragraph (1)), and is inserted after the3

table of sections at the beginning of such chapter.4

(3)(A) The tables of chapters at the beginning of sub-5

title A of such title and the beginning of part I of such6

subtitle are amended by inserting after the item relating7

to chapter 22 the following:8

‘‘23. Contacts Under Programs in Support of Foreign Military Forces 461’’.


6 of title 10, United States Code, is amended by striking10

out the item relating to section 168.11

(c) FISCAL YEAR 1996 FUNDING.—Of the amount12

authorized to be appropriated under section 301(5),13

$20,000,000 shall be available to the Secretary of Defense14

for the purposes of carrying out activities under section15

462 of title 10, United States Code, as added by sub-16

section (b).17

SEC. 1059. REPEAL OF LIMITATION REGARDING AMERICAN18

DIPLOMATIC FACILITIES IN GERMANY.19



1833) is repealed.22

367

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SEC. 1060. IMPLEMENTATION OF ARMS CONTROL AGREE-1

MENTS.2

(a) FUNDING.—Of the amounts authorized to be ap-3

propriated under sections 102, 103, 104, 201, and 301,4

$228,900,000 shall be available for implementing arms5

control agreements to which the United States is a party.6

(b) LIMITATION.—(1) Except as provided in para-7

graph (2), none of the funds authorized to be appropriated8

under subsection (a) for the costs of implementing an9

arms control agreement may be used to reimburse ex-10

penses incurred by any other party to the agreement for11

which, without regard to any executive agreement or any12

policy not part of an arms control agreement—13

(A) the other party is responsible under the14

terms of the arms control agreement; and15

(B) the United States has no responsibility16

under the agreement.17

(2) The limitation in paragraph (1) does not apply18

to a use of funds to fulfill a policy of the United States19

to reimburse expenses incurred by another party to an20

arms control agreement if—21

(A) the policy does not modify any obligation22

imposed by the arms control agreement;23

(B) the President—24

(i) issued or approved the policy before the25

date of the enactment of this Act; or26

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•S 1026 PCS

(ii) has entered into an agreement on the1

policy with the government of another country2

or has approved an agreement on the policy en-3

tered into by an official of the United States4

and the government of another country; and5

(C) the President has notified the congressional6

defense committees of the policy or the policy agree-7

ment (as the case may be), in writing, at least 308

days before the date on which the President issued9

or approved the policy or has entered into or ap-10

proved the policy agreement.11

(c) DEFINITIONS.—In this section:12

(1) The term ‘‘arms control agreement’’ means13

an arms control treaty or other form of international14

arms control agreement.15

(2) The term ‘‘executive agreement’’ is an inter-16

national agreement entered into by the President17

that is not authorized by statute or approved by the18

Senate under Article II, section 2, clause 2 of the19

Constitution.20

SEC. 1061. SENSE OF CONGRESS ON LIMITING THE PLAC-21

ING OF UNITED STATES FORCES UNDER22

UNITED NATIONS COMMAND OR CONTROL.23

(a) FINDINGS.—Congress finds that—24

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•S 1026 PCS

(1) the President has made United Nations1

peace operations a major component of the foreign2

and security policies of the United States;3

(2) the President has committed United States4

military personnel under United Nations operational5

control to missions in Haiti, Croatia, and Macedonia6

that could endanger those personnel;7

(3) the President has committed the United8

States to deploy as many as 25,000 military person-9

nel to Bosnia-Herzegovina as peacekeepers under10

United Nations command and control in the event11

that the parties to that conflict reach a peace agree-12

ment;13

(4) although the President has insisted that he14

will retain command of United States forces at all15

times, in the past this has meant administrative con-16

trol of United States forces only, while operational17

control has been ceded to United Nations command-18

ers, some of whom were foreign nationals;19

(5) the experience of United States forces par-20

ticipating in combined United States-United Nations21

operations in Somalia, and in combined United Na-22

tions-NATO operations in the former Yugoslavia,23

demonstrate that prerequisites for effective military24

operations such as unity of command and clarity of25

370

•S 1026 PCS

mission have not been met by United Nations com-1

mand and control arrangements; and2

(6) despite the many deficiencies in the conduct3

of United Nations peace operations, there may be4

occasions when it is in the national security interests5

of the United States to participate in such oper-6

ations.7

(b) POLICY.—It is the sense of Congress that—8

(1) the President should consult closely with9

Congress regarding any United Nations peace oper-10

ation that could involve United States combat forces,11

and that such consultations should continue12

throughout the duration of such activities;13

(2) the President should consult with Congress14

prior to a vote within the United Nations Security15

Council on any resolution which would authorize, ex-16

tend, or revise the mandates for such activities;17

(3) in view of the complexity of United Nations18

peace operations and the difficulty of achieving unity19

of command and expeditious decisionmaking, the20

United States should participate in such operations21

only when it is clearly in the national security inter-22

est to do so;23

(4) United States combat forces should be24

under the operational control of qualified command-25

371

•S 1026 PCS

ers and should have clear and effective command1

and control arrangements and rules of engagement2

(which do not restrict their self-defense in any way)3

and clear and unambiguous mission statements; and4

(5) none of the Armed Forces of the United5

States should be under the operational control of6

foreign nationals in United Nations peace enforce-7

ment operations except in the most extraordinary8

circumstances.9

(c) DEFINITIONS.—For purposes of this section—10

(1) the term ‘‘United Nations peace enforce-11

ment operations’’ means any international peace en-12

forcement or similar activity that is authorized by13

the United Nations Security Council under chapter14

VII of the Charter of the United Nations; and15

(2) the term ‘‘United Nations peace operations’’16

means any international peacekeeping, peacemaking,17

peace enforcement, or similar activity that is author-18

ized by the United Nations Security Council under19

chapter VI or VII of the Charter of the United Na-20

tions.21

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•S 1026 PCS

Subtitle G—Repeal of Certain1

Reporting Requirements2

SEC. 1071. REPORTS REQUIRED BY TITLE 10, UNITED3

STATES CODE.4

(a) ANNUAL REPORT ON RELOCATION ASSISTANCE5

PROGRAMS.—Section 1056 of title 10, United States6


(1) by striking out subsection (f); and8

(2) by redesignating subsection (g) as sub-9

section (f).10

(b) NOTICE OF SALARY INCREASES FOR FOREIGN11

NATIONAL EMPLOYEES.—Section 1584 of such title is12

amended—13


(2) in subsection (a), by striking out ‘‘(a)15

WAIVER OF EMPLOYMENT RESTRICTIONS FOR CER-16

TAIN PERSONNEL.—’’.17

(c) NOTICE OF INVOLUNTARY REDUCTIONS OF CI-18

VILIAN POSITIONS.—Section 1597 of such title is amend-19

ed by striking out subsection (e).20

(d) NOTIFICATION OF REQUIREMENT FOR AWARD OF21

CONTRACTS TO COMPLY WITH COOPERATIVE AGREE-22

MENTS.—Section 2350b(d) of such title is amended—23

(1) by striking out paragraph (1);24

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•S 1026 PCS

(2) by redesignating paragraphs (2) and (3) as1

paragraphs (1) and (2), respectively; and2

(3) in paragraph (1), as so redesignated, by3

striking out ‘‘shall also notify’’ and inserting in lieu4

thereof ‘‘shall notify’’.5

(e) NOTICE REGARDING CONTRACTS PERFORMED6

FOR PERIODS EXCEEDING 10 YEARS.—(1) Section 23527

of such title is repealed.8




(f) ANNUAL REPORT ON BIOLOGICAL DEFENSE RE-12

SEARCH PROGRAM.—(1) Section 2370 of such title is re-13

pealed.14




(g) ANNUAL REPORT ON MILITARY BASE REUSE18

STUDIES AND PLANNING ASSISTANCE.—Section 2391 of19

such title is amended—20

(1) by striking out subsection (c); and21

(2) by redesignating subsections (d) and (e) as22

subsections (c) and (d), respectively.23

374

•S 1026 PCS

(h) COMPILATION OF REPORTS FILED BY EMPLOY-1

EES OR FORMER EMPLOYEES OF DEFENSE CONTRAC-2

TORS.—Section 2397 of such title is amended—3



section (e).6

(i) REPORT ON LOW-RATE PRODUCTION UNDER7

NAVAL VESSEL AND MILITARY SATELLITE PROGRAMS.—8

Section 2400(c) of such title is amended—9

(1) by striking out paragraph (2); and10


(A) by striking out ‘‘(1)’’; and12

(B) by redesignating clauses (A) and (B)13

as clauses (1) and (2), respectively.14

(j) REPORT ON WAIVERS OF PROHIBITION ON EM-15

PLOYMENT OF FELONS.—Section 2408(a)(3) of such title16

is amended by striking out the second sentence.17

(k) REPORT ON DETERMINATION NOT TO DEBAR18

FOR FRAUDULENT USE OF LABELS.—Section 2410f(a) of19

such title is amended by striking out the second sentence.20

(l) ANNUAL REPORT ON WAIVERS OF PROHIBITION21

RELATING TO SECONDARY ARAB BOYCOTT.—Section22

2410i(c) of such title is amended by striking out the sec-23

ond sentence.24

375

•S 1026 PCS

(m) REPORT ON ADJUSTMENT OF AMOUNTS DEFIN-1

ING MAJOR DEFENSE ACQUISITION PROGRAMS.—Section2

2430(b) of such title is amended by striking out the sec-3

ond sentence.4

(n) BUDGET DOCUMENTS ON WEAPONS DEVELOP-5

MENT AND PROCUREMENT SCHEDULES.—(1) Section6

2431 of such title is repealed.7




(o) SELECTED ACQUISITION REPORTS.—(1) Section11

2432 of such title is repealed.12




(p) NOTICE OF WAIVER OF LIMITATION ON PER-16

FORMANCE OF DEPOT-LEVEL MAINTENANCE.—Section17

2466(c) of such title is amended by striking out ‘‘and noti-18

fies Congress regarding the reasons for the waiver’’.19

(q) ANNUAL REPORT ON INFORMATION ON FOREIGN-20

CONTROLLED CONTRACTORS.—Section 2537 of such title21

is amended—22



section (b).25

376

•S 1026 PCS

(r) ANNUAL REPORT ON REAL PROPERTY TRANS-1

ACTIONS.—Section 2662 of such title is amended—2


(2) by redesignating subsections (c), (d), (e),4

and (f) as subsections (b), (c), (d), and (e), respec-5

tively.6

(s) NOTIFICATIONS AND REPORTS ON ARCHITEC-7

TURAL AND ENGINEERING SERVICES AND CONSTRUCTION8

DESIGN.—Section 2807 of such title is amended—9

(1) by striking out subsections (b) and (c); and10

(2) by redesignating subsection (d) as sub-11

section (c).12

(t) REPORT ON CONSTRUCTION PROJECTS FOR EN-13

VIRONMENTAL RESPONSE ACTIONS.—Section 2810 of14

such title is amended—15

(1) in subsection (a), by striking out ‘‘Subject16

to subsection (b), the Secretary’’ and inserting in17

lieu thereof ‘‘The Secretary’’;18



section (b).21

(u) NOTICE OF MILITARY CONSTRUCTION CON-22

TRACTS ON GUAM.—Section 2864(b) of such title is23

amended by striking out ‘‘after the 21-day period’’ and24

377

•S 1026 PCS

all that follows through the period at the end and inserting1

in lieu thereof a period.2

(v) ANNUAL REPORT ON ENERGY SAVINGS AT MILI-3

TARY INSTALLATIONS.—Section 2865 of such title is4

amended by striking out subsection (f).5

SEC. 1072. REPORTS REQUIRED BY TITLE 37, UNITED6

STATES CODE, AND RELATED PROVISIONS OF7

DEFENSE AUTHORIZATION ACTS.8

(a) ANNUAL REPORT ON TRAVEL AND TRANSPOR-9

TATION ALLOWANCES FOR DEPENDENTS.—Section 40610


out subsection (i).12

(b) REPORT ON ANNUAL REVIEW OF PAY AND AL-13

LOWANCES.—Section 1008(a) of such title is amended by14

striking out the second sentence.15

(c) REPORT ON QUADRENNIAL REVIEW OF ADJUST-16

MENTS IN COMPENSATION.—Section 1009(f) of such title17

is amended by striking out ‘‘of this title,’’ and all that18

follows through the period at the end and inserting in lieu19

thereof ‘‘of this title.’’.20

(d) PUBLIC LAW 101–189 REQUIREMENT FOR RE-21

PORT REGARDING SPECIAL PAY FOR ARMY, NAVY, AND22

AIR FORCE PSYCHOLOGISTS.—Section 704 of the Na-23

tional Defense Authorization Act for Fiscal Years 199024

and 1991 (Public Law 101–189; 103 Stat. 1471; 3725

378

•S 1026 PCS

U.S.C. 302c note) is amended by striking out subsection1

(d).2

(e) PUBLIC LAW 101–510 REQUIREMENT FOR RE-3

PORT REGARDING SPECIAL PAY FOR NURSE ANES-4

THETISTS.—Section 614 of the National Defense Author-5

ization Act for Fiscal Year 1991 (Public Law 101–510;6

104 Stat. 1577; 37 U.S.C. 302e note) is amended by strik-7

ing out subsection (c).8

SEC. 1073. REPORTS REQUIRED BY OTHER DEFENSE AU-9

THORIZATION AND APPROPRIATIONS ACTS.10

(a) PUBLIC LAW 98–94 REQUIREMENT FOR ANNUAL11

REPORT ON CHAMPUS AND USTF MEDICAL CARE.—12

Section 1252 of the Department of Defense Authorization13

Act, 1984 (Public Law 98–94; 42 U.S.C. 248d) is amend-14

ed by striking out subsection (d).15

(b) PUBLIC LAW 99–661 REQUIREMENT FOR RE-16

PORT ON FUNDING FOR NICARAGUAN DEMOCRATIC RE-17

SISTANCE.—Section 1351 of the National Defense Au-18

thorization Act for Fiscal Year 1987 (Public Law 99–661;19

100 Stat. 3995; 10 U.S.C. 114 note) is amended—20


(2) in subsection (a), by striking out ‘‘(a) LIMI-22

TATION.—’’.23

(c) PUBLIC LAW 101–189 REQUIREMENT FOR NOTI-24

FICATION OF CLOSURE OF MILITARY CHILD DEVELOP-25

379

•S 1026 PCS

MENT CENTERS.—Section 1505(f) of the National De-1

fense Authorization Act for Fiscal Years 1990 and 19912


note) is amended by striking out paragraph (3).4

(d) PUBLIC LAW 101–510 REQUIREMENT FOR AN-5

NUAL REPORT ON OVERSEAS MILITARY FACILITY IN-6

VESTMENT RECOVERY ACCOUNT.—Section 2921 of the7

Military Construction Authorization Act for Fiscal Year8

1991 (division B of Public Law 101–510; 10 U.S.C. 26879

note) is amended—10

(1) by striking out subsection (f); and11

(2) by redesignating subsections (g) and (h) as12

subsections (f) and (g), respectively.13

(e) PUBLIC LAW 102–190 REQUIREMENT FOR14

SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION15

MASTER PLAN.—Section 829 of the National Defense Au-16

thorization Act for Fiscal Years 1992 and 1993 (Public17

Law 102–190; 105 Stat. 1444; 10 U.S.C. 2192 note) is18

repealed.19

(f) PUBLIC LAW 102–484 REQUIREMENT FOR RE-20

PORT RELATING TO USE OF CLASS I OZONE-DEPLETING21

SUBSTANCES IN MILITARY PROCUREMENTS.—Section22

326(a) of the National Defense Authorization Act for Fis-23

cal Year 1993 (Public Law 102–484; 106 Stat. 2370; 1024

380

•S 1026 PCS

U.S.C. 2301 note) is amended by striking out paragraph1

(5).2

(g) PUBLIC LAW 103–139 REQUIREMENT FOR RE-3

PORT REGARDING HEATING FACILITY MODERNIZATION4

AT KAISERSLAUTERN.—Section 8008 of the Department5

of Defense Appropriations Act, 1994 (Public Law 103–6

139; 107 Stat. 1438), is amended by inserting ‘‘but with-7

out regard to the notification requirement in subsection8

(b)(2) of such section,’’ after ‘‘section 2690 of title 10,9

United States Code,’’.10

SEC. 1074. REPORTS REQUIRED BY OTHER NATIONAL SECU-11

RITY LAWS.12

(a) ARMS EXPORT CONTROL ACT REQUIREMENT13

FOR QUARTERLY REPORT ON PRICE AND AVAILABILITY14

ESTIMATES.—Section 28 of the Arms Export Control Act15

(22 U.S.C. 2768) is repealed.16

(b) NATIONAL SECURITY AGENCY ACT OF 1959 RE-17

QUIREMENT FOR ANNUAL REPORT ON NSA EXECUTIVE18

PERSONNEL.—Section 12(a) of the National Security19

Agency Act of 1959 (50 U.S.C. 402 note) is amended by20

striking out paragraph (5).21

(c) PUBLIC LAW 85–804 REQUIREMENT FOR RE-22

PORT ON OMISSION OF CONTRACT CLAUSE UNDER SPE-23

CIAL NATIONAL DEFENSE CONTRACTING AUTHORITY.—24

Section 3(b) of the Act of August 28, 1958 (50 U.S.C.25

381

•S 1026 PCS

1433(b)), is amended by striking out the matter following1

paragraph (2).2

SEC. 1075. REPORTS REQUIRED BY OTHER PROVISIONS OF3

THE UNITED STATES CODE.4

(a) TITLE 31 REQUIREMENTS FOR REPORTS ON5

LOBBYING ACTIVITIES.—Section 1352(f) of title 31,6

United States Code, is amended—7

(1) by inserting ‘‘(1)’’ after ‘‘(f)’’;8

(2) by striking out the second sentence; and9


‘‘(2) Subsections (a)(6) and (d) do not apply to the11

Department of Defense.’’.12

(b) TITLE 38 REQUIREMENT FOR ANNUAL REPORT13

ON SHARING OF VETERANS AND DEFENSE HEALTH CARE14

RESOURCES.—Section 8111 of title 38, United States15

Code, is amended by striking out subsection (f).16

SEC. 1076. REPORTS REQUIRED BY OTHER PROVISIONS OF17

LAW.18

(a) PANAMA CANAL ACT OF 1979 REQUIREMENT19

FOR ANNUAL REPORT REGARDING UNITED STATES20

TREATY RIGHTS AND OBLIGATIONS.—Section 3301 of the21

Panama Canal Act of 1979 (22 U.S.C. 3871) is repealed.22

(b) PUBLIC LAW 91–611 REQUIREMENT FOR AN-23

NUAL REPORT ON WATER RESOURCES PROJECT AGREE-24

382

•S 1026 PCS

MENTS.—Section 221 of the Flood Control Act of 19701

(42 U.S.C. 1962d–5b) is amended—2



section (e).5

(c) PUBLIC LAW 94–587 REQUIREMENT FOR AN-6

NUAL REPORT ON CONSTRUCTION OF TENNESSEE-7

TOMBIGBEE WATERWAY.—Section 185 of the Water Re-8

sources Development Act of 1976 (Public Law 94–587;9

33 U.S.C. 544c) is amended by striking out the second10

sentence.11

(d) PUBLIC LAW 100–333 REQUIREMENT FOR AN-12

NUAL REPORT ON MONITORING OF NAVY HOME PORT13

WATERS.—Section 7 of the Organotin Antifouling Paint14

Control Act of 1988 (Public Law 100–333; 33 U.S.C.15


(1) by striking out subsection (d); and17

(2) by redesignating subsections (e) and (f) as18

subsections (d) and (e), respectively.19

SEC. 1077. REPORTS REQUIRED BY JOINT COMMITTEE ON20

PRINTING.21

Requirements for submission of the following reports22

imposed in the exercise of authority under section 103 of23

title 44, United States Code, do not apply to the Depart-24

ment of Defense:25

383

•S 1026 PCS

(1) A notice of intent to apply new printing1

processes.2

(2) A report on equipment acquisition or trans-3

fer.4

(3) A printing plant report.5

(4) A report on stored equipment.6

(5) A report on jobs which exceed Joint Com-7

mittee on Printing duplicating limitations.8

(6) A notice of intent to contract for printing9

services.10

(7) Research and development plans.11

(8) A report on commercial printing.12

(9) A report on collator acquisition.13

(10) An annual plant inventory.14

(11) An annual map or chart plant report.15

(12) A report on activation or moving a print-16

ing plant.17

(13) An equipment installation notice.18

(14) A report on excess equipment.19

Subtitle H—Other Matters20

SEC. 1081. GLOBAL POSITIONING SYSTEM.21

The Secretary of Defense shall turn off the selective22

availability feature of the global positioning system by23

May 1, 1996, unless the Secretary submits to the Commit-24

tee on Armed Services of the Senate and the Committee25

384

•S 1026 PCS

on National Security of the House of Representatives a1

plan that—2

(1) provides for development and acquisition3

of—4

(A) effective capabilities to deny hostile5

military forces the ability to use the global posi-6

tioning system without hindering the ability of7

United States military forces and civil users to8

exploit the system; and9

(B) global positioning system receivers and10

other techniques for weapons and weapon sys-11

tems that provide substantially improved resist-12

ance to jamming and other forms of electronic13

interference or disruption; and14

(2) includes a specific date by which the Sec-15

retary of Defense intends to complete the acquisition16

of the capabilities described in paragraph (1).17

SEC. 1082. LIMITATION ON RETIREMENT OR DISMANTLE-18

MENT OF STRATEGIC NUCLEAR DELIVERY19

SYSTEMS.20


gress that, unless and until the START II Treaty enters22

into force, the Secretary of Defense should not take any23

action to retire or dismantle, or to prepare to retire or24

385

•S 1026 PCS

dismantle, any of the following strategic nuclear delivery1

systems:2

(1) B-52H bomber aircraft.3

(2) Trident ballistic missile submarines.4

(3) Minuteman III intercontinental ballistic5

missiles.6

(4) Peacekeeper intercontinental ballistic mis-7

siles.8

(b) LIMITATION ON USE OF FUNDS.—Funds avail-9

able to the Department of Defense may not be obligated10

or expended during fiscal year 1996 for retiring or dis-11

mantling, or for preparing to retire or dismantle, any of12

the strategic nuclear delivery systems specified in sub-13

section (a).14

SEC. 1083. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI-15

TIES PILOT PROGRAM.16

Section 1091(a) of the National Defense Authoriza-17


U.S.C. 501 note) is amended by striking out ‘‘through19

1995’’ and inserting in lieu thereof ‘‘through 1997’’.20

SEC. 1084. REPORT ON DEPARTMENT OF DEFENSE BOARDS21

AND COMMISSIONS.22

(a) REPORT ON BOARDS AND COMMISSIONS RECEIV-23

ING DEPARTMENT SUPPORT.—Not later than April 1,24

1996, the Secretary of Defense shall submit to the Com-25

386

•S 1026 PCS

mittee on Armed Services of the Senate and the Commit-1

tee on National Security of the House of Representatives2

a report containing the following:3

(1) A list of the boards and commissions de-4

scribed in subsection (b) that received support (in-5

cluding funds, equipment, materiel, or other assets,6

or personnel) from the Department of Defense in7

last full fiscal year preceding the date of the report.8

(2) A list of the boards and commissions re-9

ferred to in paragraph (1) that are determined by10

the Secretary to merit continued support from the11

Department.12

(3) A description, for each board and commis-13

sion listed under paragraph (2), of—14

(A) the purpose of the board or commis-15

sion;16

(B) the nature and cost of the support pro-17

vided by the Department to the board or com-18

mission in the last full fiscal year preceding the19

date of the report;20

(C) the nature and duration of the support21

that the Secretary proposes to provide to the22

board or commission;23

(D) the anticipated cost to the Department24

of providing such support; and25

387

•S 1026 PCS

(E) a justification of the determination1

that the board or commission merits the sup-2

port of the Department.3

(4) A list of the boards and commissions re-4

ferred to in paragraph (1) that are determined by5

the Secretary not to merit continued support from6

the Department.7

(5) A description, for each board and commis-8

sion listed under paragraph (4), of—9

(A) the purpose of the board or commis-10

sion;11

(B) the nature and cost of the support pro-12

vided by the Department to the board or com-13

mission in the last full fiscal year preceding the14

date of the report; and15

(C) a justification of the determination16

that the board or commission does not merit17

the support of the Department.18

(b) COVERED BOARDS.—Subsection (a)(1) applies to19

the boards and commissions, including boards and com-20

missions authorized by law, operating within or for the21

Department of Defense that—22

(1) provide only policy-making assistance or ad-23

visory services for the Department; or24

388

•S 1026 PCS

(2) carry out activities that are not routine ac-1

tivities, on-going activities, or activities necessary to2

the routine, on-going operations of the Department.3

SEC. 1085. REVISION OF AUTHORITY FOR PROVIDING4

ARMY SUPPORT FOR THE NATIONAL SCIENCE5

CENTER FOR COMMUNICATIONS AND ELEC-6

TRONICS.7

(a) PURPOSE.—Subsection (b)(2) of section 1459 of8

the Department of Defense Authorization Act, 1986 (Pub-9

lic Law 99–145; 99 Stat. 763) is amended by striking out10

‘‘to make available’’ and all that follows and inserting in11

lieu thereof ‘‘to provide for the management, operation,12

and maintenance of those areas in the national science13

center that are designated for use by the Army and to14

provide incidental support for the operation of general use15

areas of the center.’’.16

(b) AUTHORITY FOR SUPPORT.—Subsection (c) of17

such section is amended to read a follows:18

‘‘(c) NATIONAL SCIENCE CENTER.—(1) The Sec-19

retary may manage, operate, and maintain facilities at the20

center under terms and conditions prescribed by the Sec-21

retary for the purpose of conducting educational outreach22

programs in accordance with chapter 111 of title 10, Unit-23

ed States Code.24

389

•S 1026 PCS

‘‘(2) The Foundation, or NSC Discovery Center, In-1

corporated, shall submit to the Secretary for review and2

approval all matters pertaining to the acquisition, design,3

renovation, equipping, and furnishing of the center, in-4

cluding all plans, specifications, contracts, sites, and mate-5

rials for the center.’’.6

(c) AUTHORITY FOR ACCEPTANCE OF GIFTS AND7

FUNDRAISING.—Subsection (d) of such section is amend-8


‘‘(d) GIFTS AND FUNDRAISING.—(1) Subject to para-10

graph (3), the Secretary may accept a conditional dona-11

tion of money or property that is made for the benefit12

of, or in connection with, the center.13

‘‘(2) Notwithstanding any other provision of law, the14

Secretary may endorse, promote, and assist the efforts of15

the Foundation and NSC Discovery Center, Incorporated,16

to obtain—17

‘‘(A) funds for the management, operation, and18

maintenance of the center; and19

‘‘(B) donations of exhibits, equipment, and20

other property for use in the center.21

‘‘(3) The Secretary may not accept a donation under22

this subsection that is made subject to—23

‘‘(A) any condition that is inconsistent with an24

applicable law or regulation; or25

390

•S 1026 PCS

‘‘(B) except to the extent provided in appropria-1

tions Acts, any condition that would necessitate an2

expenditure of appropriated funds.3

‘‘(4) The Secretary shall prescribe in regulations the4

criteria to be used in determining whether to accept a do-5

nation. The Secretary shall include criteria to ensure that6

acceptance of a donation does not establish an unfavorable7

appearance regarding the fairness and objectivity with8

which the Secretary or any other officer or employee of9

the Department of Defense performs official responsibil-10

ities and does not compromise or appear to compromise11

the integrity of a Government program or any official in-12

volved in that program.’’.13

(d) AUTHORIZED USES.—Such section is amended—14

(1) by striking out subsection (f);15

(2) by redesignating subsection (g) as sub-16

section (f); and17

(3) in subsection (f), as redesignated by para-18

graph (2), by inserting ‘‘areas designated for Army19

use in’’ after ‘‘The Secretary may make’’.20

(e) ALTERNATIVE OF ADDITIONAL DEVELOPMENT21

AND MANAGEMENT.—Such section, as amended by sub-22

section (d), is further amended by adding at the end the23

following:24

391

•S 1026 PCS

‘‘(g) ALTERNATIVE OR ADDITIONAL DEVELOPMENT1

AND MANAGEMENT OF THE CENTER.—(1) The Secretary2

may enter into an agreement with NSC Discovery Center,3

Incorporated, a nonprofit corporation of the State of Geor-4

gia, to develop, manage, and maintain a national science5

center under this section. In entering into an agreement6

with NSC Discovery Center, Incorporated, the Secretary7

may agree to any term or condition to which the Secretary8

is authorized under this section to agree for purposes of9

entering into an agreement with the Foundation.10

‘‘(2) The Secretary may exercise the authority under11

paragraph (1) in addition to, or instead of, exercising the12

authority provided under this section to enter into an13

agreement with the Foundation.’’.14

SEC. 1086. AUTHORITY TO SUSPEND OR TERMINATE COL-15

LECTION ACTIONS AGAINST DECEASED MEM-16

BERS.17



‘‘(g)(1) The Secretary of Defense may suspend or ter-20

minate an action by the Department of Defense under this21

section to collect a claim against the estate of a person22

who died while serving on active duty as a member of the23

armed forces if the Secretary determines that, under the24

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circumstances applicable with respect to the deceased per-1

son, it is appropriate to do so.2

‘‘(2) For purposes of this subsection, the terms3

‘armed forces’ and ‘active duty’ have the meanings given4

such terms in section 101 of title 10.’’.5

SEC. 1087. DAMAGE OR LOSS TO PERSONAL PROPERTY6

DUE TO EMERGENCY EVACUATION OR EX-7

TRAORDINARY CIRCUMSTANCES.8

(a) SETTLEMENT OF CLAIMS OF PERSONNEL.—Sec-9

tion 3721(b)(1) of title 31, United States Code, is amend-10

ed by inserting after the first sentence the following: ‘‘If,11

however, the claim arose from an emergency evacuation12

or from extraordinary circumstances, the amount settled13

and paid under the authority of the preceding sentence14

may exceed $40,000, but may not exceed $100,000.’’.15

(b) RETROACTIVE EFFECTIVE DATE.—The amend-16

ment made by subsection (a) shall take effect as of June17

1, 1991, and shall apply with respect to claims arising on18

or after that date.19

SEC. 1088. CHECK CASHING AND EXCHANGE TRANS-20

ACTIONS FOR DEPENDENTS OF UNITED21

STATES GOVERNMENT PERSONNEL.22

(a) AUTHORITY TO CARRY OUT TRANSACTIONS.—23

Subsection (b) of section 3342 of title 31, United States24


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•S 1026 PCS

(1) by redesignating paragraphs (3), (4), and1

(5) as paragraphs (4), (5), and (6), respectively; and2


ing new paragraph:4

‘‘(3) a dependent of personnel of the Govern-5

ment, but only—6

‘‘(A) at a United States installation at7

which adequate banking facilities are not avail-8

able; and9

‘‘(B) in the case of negotiation of nego-10

tiable instruments, if the dependent’s sponsor11

authorizes, in writing, the presentation of nego-12

tiable instruments to the disbursing official for13

negotiation.’’.14

(b) PAY OFFSET.—Subsection (c) of such section is15

amended—16


graph (4); and18



‘‘(3) The amount of any deficiency resulting from21

cashing a check for a dependent under subsection (b)(3),22

including any charges assessed against the disbursing offi-23

cial by a financial institution for insufficient funds to pay24

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•S 1026 PCS

the check, may be offset from the pay of the dependent’s1

sponsor.’’.2

(c) DEFINITIONS.—Such section is further amended3


‘‘(e) The Secretary of Defense shall define in regula-5

tions the terms ‘dependent’ and ‘sponsor’ for the purposes6

of this section. In the regulations, the term ‘dependent’,7

with respect to a member of a uniformed service, shall8

have the meaning given that term in section 401 of title9

37.’’.10

SEC. 1089. TRAVEL OF DISABLED VETERANS ON MILITARY11

AIRCRAFT.12

(a) LIMITED ENTITLEMENT.—Chapter 157 of title13

10, United States Code, is amended by inserting after sec-14

tion 2641 the following new section:15

‘‘§ 2641a. Travel of disabled veterans on military air-16

craft17

‘‘(a) LIMITED ENTITLEMENT.—A veteran entitled18

under laws administered by the Secretary of Veterans Af-19

fairs to receive compensation for a service-connected dis-20

ability rated as total by the Secretary is entitled, in the21

same manner and to the same extent as retired members22

of the armed forces, to transportation (on a space-avail-23

able basis) on unscheduled military flights within the con-24

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•S 1026 PCS

tinental United States and on scheduled overseas flights1

operated by the Military Airlift Command.2

‘‘(b) DEFINITIONS.—In this section, the terms ‘vet-3

eran’, ‘compensation’, and ‘service-connected’ have the4

meanings given such terms in section 101 of title 38.’’.5

(b) CLERICAL AMENDMENT.—The table of sections,6

at the beginning of such chapter, is amended by inserting7

after the item relating to section 2641 the following new8

item:9

‘‘2641a. Travel of disabled veterans on military aircraft.’’.

SEC. 1090. TRANSPORTATION OF CRIPPLED CHILDREN IN10

PACIFIC RIM REGION TO HAWAII FOR MEDI-11

CAL CARE.12

(a) TRANSPORTATION AUTHORIZED.—Chapter 15713


the end the following new section:15

‘‘§ 2643. Transportation of crippled children in Pa-16

cific Rim region to Hawaii for medical17

care18

‘‘(a) TRANSPORTATION AUTHORIZED.—Subject to19

subsection (c), the Secretary of Defense may provide per-20

sons eligible under subsection (b) with round trip trans-21

portation in an aircraft of the Department of Defense, on22

a space-available basis, between an airport in the Pacific23

Rim region and the State of Hawaii. No charge may be24

imposed for transportation provided under this section.25

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•S 1026 PCS

‘‘(b) PERSONS COVERED.—Persons eligible to be pro-1

vided transportation under this section are as follows:2

‘‘(1) A child under 18 years of age who (A) re-3

sides in the Pacific Rim region, (B) is a crippled4

child in need of specialized medical care for the5

child’s condition as a crippled child, which may in-6

clude any associated or related condition, (C) upon7

arrival in Hawaii, is to be admitted to receive such8

medical care, at no cost to the patient, at a medical9

facility in Honolulu, Hawaii, that specializes in pro-10

viding such medical care, and (D) is unable to afford11

the costs of transportation to Hawaii.12

‘‘(2) One adult attendant accompanying a child13

transported under this section.14

‘‘(c) CONDITIONS.—The Secretary may provide15

transportation under subsection (a) only if the Secretary16

determines that—17

‘‘(1) it is not inconsistent with the foreign pol-18

icy of the United States to do so;19

‘‘(2) the transportation is for humanitarian20

purposes;21

‘‘(3) the health of the child to be transported is22

sufficient for the child to endure safely the stress of23

travel for the necessary distance in the Department24

of Defense aircraft involved;25

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•S 1026 PCS

‘‘(4) all authorizations, permits, and other doc-1

uments necessary for admission of the child at the2

medical treatment facility referred to in subsection3

(b)(1)(C) are in order;4

‘‘(5) all necessary passports and visas necessary5

for departure from the residences of the persons to6

be transported and from the airport of departure,7

for entry into the United States, for reentry into the8

country of departure, and for return to the persons’9

residences are in proper order; and10

‘‘(6) arrangements have been made to ensure11

that—12

‘‘(A) the persons to be transported will13

board the aircraft on the schedule established14

by the Secretary; and15

‘‘(B) the persons—16

‘‘(i) will be met and escorted to the17

medical treatment facility by appropriate18

personnel of the facility upon the arrival of19

the aircraft in Hawaii; and20

‘‘(ii) will be returned to the airport in21

Hawaii for transportation (on the schedule22

established by the Secretary) back to the23

country of departure.’’.24

398

•S 1026 PCS


at the beginning of such chapter is amended by adding2

at the end the following new item:3

‘‘2643. Transportation of crippled children in Pacific Rim region to Hawaii for

medical care.’’.

SEC. 1091. STUDENT INFORMATION FOR RECRUITING PUR-4

POSES.5

(a) SENSE OF SENATE.—It is the sense of the Senate6

that—7

(1) educational institutions, including secondary8

schools, should not have a policy of denying, or oth-9

erwise effectively preventing, the Secretary of De-10

fense from obtaining for military recruiting pur-11

poses—12

(A) entry to any campus or access to stu-13

dents on any campus equal to that of other em-14

ployers; or15

(B) access to directory information per-16

taining to students (other than in a case in17

which an objection has been raised as described18

in paragraph (2));19

(2) an educational institution that releases di-20

rectory information should—21

(A) give public notice of the categories of22

such information to be released; and23

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•S 1026 PCS

(B) allow a reasonable period after such1

notice has been given for a student or (in the2

case of an individual younger than 18 years of3

age) a parent to inform the institution that any4

or all of such information should not be re-5

leased without obtaining prior consent from the6

student or the parent, as the case may be; and7

(3) the Secretary of Defense should prescribe8

regulations that contain procedures for determining9

if and when an educational institution has denied or10

prevented access to students or information as de-11

scribed in paragraph (1).12

(b) DEFINITIONS.—In this section:13

(1) The term ‘‘directory information’’ means,14

with respect to a student, the student’s name, ad-15

dress, telephone listing, date and place of birth, level16

of education, degrees received, and (if available) the17

most recent previous educational program enrolled18

in by the student.19

(2) The term ‘‘student’’ means an individual20

enrolled in any program of education who is 1721

years of age or older.22

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•S 1026 PCS

SEC. 1092. STATE RECOGNITION OF MILITARY ADVANCE1

MEDICAL DIRECTIVES.2

(a) IN GENERAL.—(1) Chapter 53 of title 10, United3

States Code, is amended by inserting after section 1044b4

the following new section:5

‘‘§ 1044c. Advance medical directives of armed forces6

personnel and dependents: requirement7

for recognition by States8

‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT9

WITHOUT REGARD TO STATE LAW.—An advance medical10

directive executed by a person eligible for legal assist-11

ance—12

‘‘(1) is exempt from any requirement of form,13

substance, formality, or recording that is provided14

for advance medical directives under the laws of a15

State; and16

‘‘(2) shall be given the same legal effect as an17

advance medical directive prepared and executed in18

accordance with the laws of the State concerned.19

‘‘(b) ADVANCE MEDICAL DIRECTIVES COVERED.—20

For purposes of this section, an advance medical directive21

is any written declaration that—22

‘‘(1) sets forth directions regarding the provi-23

sion, withdrawal, or withholding of life-prolonging24

procedures, including hydration and sustenance, for25

the declarant whenever the declarant has a terminal26

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•S 1026 PCS

physical condition or is in a persistent vegetative1

state; or2

‘‘(2) authorizes another person to make health3

care decisions for the declarant, under circumstances4

stated in the declaration, whenever the declarant is5

incapable of making informed health care decisions.6

‘‘(c) STATEMENT TO BE INCLUDED.—(1) Under reg-7

ulations prescribed by the Secretary concerned, each ad-8

vance medical directive prepared by an attorney author-9

ized to provide legal assistance shall contain a statement10

that sets forth the provisions of subsection (a).11

‘‘(2) Paragraph (1) shall not be construed to make12

inapplicable the provisions of subsection (a) to an advance13

medical directive that does not include a statement de-14

scribed in that paragraph.15

‘‘(d) STATES NOT RECOGNIZING ADVANCE MEDICAL16

DIRECTIVES.—Subsection (a) does not make an advance17

medical directive enforceable in a State that does not oth-18

erwise recognize and enforce advance medical directives19

under the laws of the State.20

‘‘(e) DEFINITIONS.—In this section:21

‘‘(1) The term ‘State’ includes the District of22

Columbia, the Commonwealth of Puerto Rico, and a23

possession of the United States.24

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•S 1026 PCS

‘‘(2) The term ‘person eligible for legal assist-1

ance’ means a person who is eligible for legal assist-2

ance under section 1044 of this title.3

‘‘(3) The term ‘legal assistance’ means legal4

services authorized under section 1044 of this title.’’.5



to section 1044b the following:8

‘‘1044c. Advance medical directives of armed forces personnel and dependents:

requirement for recognition by States.’’.

(b) EFFECTIVE DATE.—Section 1044c of title 10,9

United States Code, shall take effect on the date of the10

enactment of this Act and shall apply to advance medical11

directives referred to in such section that are executed be-12

fore, on, or after that date.13

SEC. 1093. REPORT ON PERSONNEL REQUIREMENTS FOR14

CONTROL OF TRANSFER OF CERTAIN WEAP-15

ONS.16

Not later than 30 days after the date of the enact-17

ment of this Act, the Secretary of Defense and the Sec-18

retary of Energy shall submit to the committees of Con-19

gress referred to in subsection (c) of section 1154 of the20


(Public Law 103–160; 107 Stat. 1761) the report required22

under subsection (a) of that section. The Secretary of De-23

fense and the Secretary of Energy shall include with the24

403

•S 1026 PCS

report an explanation of the failure of such Secretaries1

to submit the report in accordance with such subsection2

(a) and with all other previous requirements for the sub-3

mittal of the report.4

SEC. 1094. EXTENSION OF PERIOD OF VIETNAM ERA.5

(a) EXTENSION.—Section 101(29) of title 38, United6

States Code, is amended by inserting before the period at7

the end the following: ‘‘, except that, in the case of a vet-8

eran who served in the active military, naval, or air service9

in the Vietnam theater of operations (as defined in regula-10

tions prescribed by the Secretary) during the period begin-11

ning July 1, 1958, and ending on August 4, 1964, the12

term includes that period’’.13

(b) PROSPECTIVE APPLICABILITY.—No benefits shall14

accrue for periods before the date of the enactment of this15

Act by reason of the amendment made by subsection (a).16

DIVISION B—MILITARY CON-17

STRUCTION AUTHORIZA-18

TIONS19


This division may be cited as the ‘‘Military Construc-21

tion Authorization Act for Fiscal Year 1996’’.22

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•S 1026 PCS

TITLE XXI—ARMY1

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND2

ACQUISITION PROJECTS.3

(a) INSIDE THE UNITED STATES.—Using amounts4

appropriated pursuant to the authorization of appropria-5

tions in section 2104(a)(1), the Secretary of the Army6

may acquire real property and carry out military construc-7

tion projects for the installations and locations inside the8

United States, and in the amounts, set forth in the follow-9

ing table:10

Army: Inside the United States

State Installation or Location Amount

Arizona .................................. Fort Huachuca ................................. $16,000,000

California .............................. Fort Irwin ......................................... $15,500,000

Presidio of San Francisco ................ $3,000,000

Colorado ................................ Fort Carson ...................................... $10,850,000

District of Columbia ............. Fort McNair ..................................... $13,500,000

Walter Reed Army Medical Center ... $4,300,000

Georgia .................................. Fort Benning .................................... $37,900,000

Fort Gordon ...................................... $5,750,000

Fort Stewart ..................................... $8,400,000

Hawaii ................................... Schofield Barracks ............................ $35,000,000

Kansas .................................. Fort Riley ......................................... $15,300,000

Kentucky ............................... Fort Knox ......................................... $5,600,000

New York .............................. Watervliet Arsenal ............................ $680,000

North Carolina ...................... Fort Bragg ....................................... $29,700,000

Oklahoma .............................. Fort Sill ............................................ $6,300,000

South Carolina ...................... Naval Weapons Station, Charleston . $25,700,000

Fort Jackson .................................... $32,000,000

Texas ..................................... Fort Hood ......................................... $32,500,000

Fort Bliss .......................................... $48,000,000

Virginia ................................. Fort Eustis ....................................... $16,400,000

Washington ........................... Fort Lewis ........................................ $32,100,000

CONUS Classified ................ Classified Location ........................... $1,900,000

(b) OUTSIDE THE UNITED STATES.—Using amount11


tions in section 2104(a)(2), the Secretary of the Army13


tion projects for the installations and locations outside of15

405

•S 1026 PCS

the United States, and in the amounts, set forth in the1

following table:2

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

Overseas Classified ................ Classified Location ........................... $48,000,000

Worldwide ............................. Host Nation Support ........................ $20,000,000

SEC. 2102. FAMILY HOUSING.3

(a) CONSTRUCTION AND ACQUISITION.—Using4

amounts appropriated pursuant to the authorization of ap-5

propriations in section 2104(a)(5)(A), the Secretary of the6

Army may construct or acquire family housing units (in-7

cluding land acquisition) at the installations, for the pur-8

poses, and in the amounts set forth in the following table:9

Army: Family Housing

State Installations Purpose Amount

Alaska ........................... Fort Wainwright ......... Whole neighbor-

hood revital-

ization.

$7,300,000

New Mexico .................. White Sands Missile

Range.

Whole neighbor-

hood revital-

ization.

$3,400,000

New York ..................... United States Military

Academy, West Point.

119 Units ........ $16,500,000

Washington .................. Fort Lewis ................... 84 Units .......... $10,800,000

(b) PLANNING AND DESIGN.—Using amounts appro-10

priated pursuant to the authorization of appropriations in11

section 2104(a)(5)(A), the Secretary of the Army may12

carry out architectural and engineering services and con-13

struction design activities with respect to the construction14

or improvement of family housing units in an amount not15

to exceed $2,340,000.16

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•S 1026 PCS

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING1

UNITS.2

Subject to section 2825 of title 10, United States3

Code, and using amounts appropriated pursuant to the4

authorization of appropriations in sections 2104(a)(5)(A),5

the Secretary of the Army may improve existing military6

family housing units in an amount not to exceed7

$26,212,000.8

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.9

(a) IN GENERAL.—Funds are hereby authorized to10

be appropriated for fiscal years beginning after September11

30, 1995, for military construction, land acquisition, and12

military family housing functions of the Department of the13

Army in the total amount of $2,019,358,000 as follows:14

(1) For military construction projects inside the15

United States authorized by section 2101(a),16

$396,380,000.17

(2) For military construction projects outside18

the United States authorized by section 2101(b),19

$98,050,000.20

(3) For unspecified minor construction projects21

authorized by section 2805 of title 10, United States22

Code, $9,000,000.23

(4) For architectural and engineering service24

and construction design under section 2807 of title25

10, United States Code, $36,194,000.26

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•S 1026 PCS

(5) For military family housing functions:1

(A) For construction and acquisition, plan-2

ning and design, and improvement of military3

family housing and facilities, $66,552,000.4

(B) For support of military family housing5

(including the functions described in section6

2833 of title 10, United States Code),7

$1,337,596,000.8

(6) For the Homeowners Assistance Program9

as authorized by section 2832 of title 10, United10

States Code, $75,586,000, to remain available until11

expended.12

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION13

PROJECTS.—Notwithstanding the cost variations author-14

ized by section 2853 of title 10, United States Code, and15

any other cost variation authorized by law, the total cost16

of all projects carried out under section 2101 of this Act17

may not exceed the total amount authorized to be appro-18

priated under paragraphs (1) and (2) of subsection (a).19

TITLE XXII—NAVY20

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND21

ACQUISITION PROJECTS22



tions in section 2204(a)(1), the Secretary of the Navy may25

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acquire real property and carry out military construction1

projects for the installations and locations inside the2


ing table:4

Navy: Inside the United States


California .............................. Camp Pendleton Marine Corps Base $27,584,000

China Lake Naval Air Warfare Cen-

ter Weapons Division.

$3,700,000

Lemoore Naval Air Station .............. $7,600,000

North Island Naval Air Station ........ $99,150,000

Point Mugu Naval Air Warfare Cen-

ter Weapons Division.

$1,300,000

San Diego Naval Command, Control,

and Ocean Surveillance Center.

$3,170,000

San Diego Naval Station .................. $19,960,000

Twentynine Palms Marine Corps

Air-Ground Combat Center.

$2,490,000

Florida .................................. Eglin Air Force Base, Naval School

Explosive Ordnance Disposal.

$16,150,000

Pensacola Naval Technical Training

Center, Corry Station.

$2,565,000

Georgia .................................. Kings Bay Strategic Weapons Facil-

ity, Atlantic.

$2,450,000

Hawaii ................................... Honolulu Naval Computer and Tele-

communications Area, Master Sta-

tion Eastern Pacific.

$1,980,000

Pearl Harbor Intelligence Center Pa-

cific.

$2,200,000

Pearl Harbor Naval Submarine Base $22,500,000

Illinois ................................... Great Lakes Naval Training Center $12,440,000

Maryland ............................... United States Naval Academy .......... $3,600,000

New Jersey ............................ Lakehurst Naval Air Warfare Center

Aircraft Division.

$1,700,000

North Carolina ...................... Camp LeJeune Marine Corps Base .. $59,300,000

Cherry Point Marine Corps Air Sta-

tion.

$11,430,000

New River Marine Corps Air Station $14,650,000

South Carolina ...................... Beaufort Marine Corps Air Station .. $15,000,000

Virginia ................................. Henderson Hall, Arlington ............... $1,900,000

Norfolk Naval Station ...................... $10,580,000

Portsmouth Naval Hospital .............. $9,500,000

Quantico Marine Corps Combat De-

velopment Command.

$3,500,000

Williamsburg Fleet and Industrial

Supply Center.

$8,390,000

Yorktown Naval Weapons Station .... $1,300,000

Washington ........................... Bremerton Puget Sound Naval Ship-

yard.

$9,470,000

Keyport Naval Undersea Warfare

Center Division.

$5,300,000

West Virginia ........................ Naval Security Group Detachment,

Sugar Grove.

$7,200,000

CONUS Classified ................ Classified location ............................. $1,200,000

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(b) OUTSIDE THE UNITED STATES.—Using amounts1


tions in section 2204(a)(2), the Secretary of the Navy may3

acquire real property and carry out military construction4

projects for the installations and locations outside the5


ing table:7

Navy: Outside the United States


Guam ..................................... Guam Navy Public Works Center .... $16,180,000

Naval Computer and Telecommuni-

cations Area, Master Station

Western Pacific.

$2,250,000

Italy ....................................... Naples Naval Support Activity ......... $24,950,000

Sigonella Naval Air Station .............. $12,170,000

Puerto Rico ........................... Roosevelt Roads Naval Station ........ $11,500,000

Sabana Seca Naval Security Group

Activity.

$2,200,000





Navy may construct or acquire family housing units (in-12

cluding land acquisition) at the installations, for the pur-13

poses, and in the amounts set forth in the following table:14

Navy: Family Housing

State/Country Installation Purpose Amount

California ...................... Camp Pendleton Ma-

rine Corps Base.

69 units ........... $10,000,000

Camp Pendleton Ma-

rine Corps Base.

Community

Center.

$1,438,000

Camp Pendleton Ma-

rine Corps Base.

Housing Office $707,000

Lemoore Naval Air

Station.

240 units ......... $34,900,000

Point Mugu Pacific

Missile Test Center.

Housing Office $1,020,000

San Diego Public

Works Center.

346 units ......... $49,310,000

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Navy: Family Housing—Continued


Hawaii .......................... Oahu Naval Complex ... 252 units ......... $48,400,000

Maryland ...................... Patuxent River Naval

Air Test Center.

Warehouse ....... $890,000

United States Naval

Academy.


North Carolina ............. Cherry Point Marine

Corps Air Station.

Community

Center.

$1,003,000

Pennsylvania ................ Mechanicsburg Navy

Ships Parts Control

Center.


Puerto Rico .................. Roosevelt Roads Naval

Station.


Virginia ........................ Dahlgren Naval Sur-

face Warfare Center.


Norfolk Public Works

Center.

320 units ......... $42,500,000

Norfolk Public Works

Center.

Housing Office $1,390,000


priated pursuant to the authorization of appropriation in2

section 2204(a)(6)(A), the Secretary of the Navy may3



or improvement of military family housing units in an6

amount not to exceed $24,390,000.7


UNITS.9



authorization of appropriations in section 2204(a)(6)(A),12

the Secretary of the Navy may improve existing military13


$259,489,000.15

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SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.1

(A) IN GENERAL.—Funds are hereby authorized to2




Navy in the total amount of $2,058,579,000 as follows:6



$389,259,000.9



$69,250,000.12

(3) For the military construction project at13

Newport Naval War College, Rhode Island, author-14

ized by section 2201(a) of the Military Construction15

Authorization Act for Fiscal Year 1995 (division B16

of Public Law 103–337; 108 Stat. 3031),17

$18,000,000.18



Code, $7,200,000.21

(5) For architectural and engineering services22




412

•S 1026 PCS




(B) For support of military housing (in-4

cluding functions described in section 2833 of5

title 10, United States Code), $1,048,329,000.6








SEC. 2205. REVISION OF FISCAL YEAR 1995 AUTHORIZATION14

OF APPROPRIATIONS TO CLARIFY AVAIL-15

ABILITY OF FUNDS FOR LARGE ANECHOIC16

CHAMBER, PATUXENT RIVER NAVAL WAR-17

FARE CENTER, MARYLAND.18

Section 2204(a) of the Military Construction Author-19

ization Act for Fiscal Year 1995 (division B of Public Law20

103–337; 108 Stat. 3033) is amended—21

(1) in the matter preceding paragraph (1), by22

striking out ‘‘$1,591,824,000’’ and inserting in lieu23

thereof ‘‘$1,601,824,000’’ and24

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•S 1026 PCS

(2) in paragraph (1), by striking out1

‘‘$309,070,000’’ and inserting in lieu thereof2

‘‘$319,070,000’’.3

SEC. 2206. AUTHORITY TO CARRY OUT LAND ACQUISITION4

PROJECT, NORFOLK NAVAL BASE, VIRGINIA.5

(a) AUTHORIZATION.—The table in section 2201(a)6

of the Military Construction Authorization Act for Fiscal7

Year 1993 (division B of Public Law 102–484; 106 Stat.8


(1) in the item relating to Damneck, Fleet10

Combat Training Center, Virginia, by striking out11

‘‘$19,427,000’’ in the amount column and inserting12

in lieu thereof ‘‘$14,927,000’’; and13

(2) by inserting after the item relating to Nor-14

folk, Naval Air Station, Virginia, the following new15

item:16

Norfolk, Naval Base ......................... $4,500,000

(b) EXTENSION OF PROJECT AUTHORIZATION.—17

Notwithstanding section 2701(a) of the Military Construc-18

tion Authorization Act for Fiscal Year 1993 (106 Stat.19

2602), the authorization for the project for Norfolk Naval20

Base, Virginia, as provided in section 2201(a) of that Act,21

as amended by subsection (a), shall remain in effect until22

October 1, 1996, or the date of the enactment of an Act23

414

•S 1026 PCS

authorizing funds for military construction for fiscal year1

1997, whichever is later.2

SEC. 2207. ACQUISITION OF LAND, HENDERSON HALL, AR-3

LINGTON, VIRGINIA.4

(a) AUTHORITY TO ACQUIRE.—Using funds available5

under section 2201(a), the Secretary of the Navy may ac-6

quire all right, title, and interest of any party in and to7

a parcel of real property, including an abandoned mau-8

soleum, consisting of approximately 0.75 acres and located9

in Arlington, Virginia, the site of Henderson Hall.10

(b) DEMOLITION OF MAUSOLEUM.—Using funds11

available under section 2201(a), the Secretary may—12

(1) demolish the mausoleum located on the par-13

cel acquired under subsection (a); and14

(2) provide for the removal and disposition in15

an appropriate manner of the remains contained in16

the mausoleum.17

(c) AUTHORITY TO DESIGN PUBLIC WORKS FACIL-18

ITY.—Using funds available under section 2201(a), the19

Secretary may obtain architectural and engineering serv-20

ices and construction design for a warehouse and office21

facility for the Marine Corps to be constructed on the22

property acquired under subsection (a).23

(d) DESCRIPTION OF PROPERTY.—The exact acreage24

and legal description of the real property authorized to25

415

•S 1026 PCS

be acquired under subsection (a) shall be determined by1

a survey that is satisfactory to the Secretary. The cost2

of the survey shall be borne by the Secretary.3

(e) ADDITIONAL TERMS AND CONDITIONS.—The4

Secretary may require such additional terms and condi-5

tions in connection with the acquisition under subsection6

(a) as the Secretary considers appropriate to protect the7

interests of the United States.8

TITLE XXIII—AIR FORCE9

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND10

LAND ACQUISITION PROJECTS.11



tions in section 2304(a)(1), the Secretary of the Air Force14


tion projects for the installations and locations inside the16


ing table:18

Air Force: Inside the United States


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

United States Air Force Academy .... $9,150,000

Delaware ............................... Dover Air Force Base ....................... $5,500,000

District of Columbia ............. Bolling Air Force Base ..................... $12,100,000

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Air Force: Inside the United States—Continued


Florida .................................. Cape Canaveral Air Force Station ... $1,600,000

Eglin Air Force Base ........................ $14,500,000

Tyndall Air Force Base .................... $1,200,000

Georgia .................................. Moody Air Force Base ...................... $25,190,000

Robins Air Force Base ..................... $17,900,000

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 ............... $9,450,000

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 .................... $6,500,000

Missouri ................................. Whiteman Air Force Base ................ $24,600,000

Nevada .................................. Nellis Air Force Base ....................... $20,050,000

New Jersey ............................ McGuire Air Force Base .................. $9,200,000

New Mexico ........................... Cannon Air Force Base .................... $10,420,000

Kirtland Air Force Base ................... $9,156,000

North Carolina ...................... Pope Air Force Base ........................ $8,250,000

Seymour Johnson Air Force Base .... $830,000

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 ........................ $4,800,000

Tinker Air Force Base ..................... $16,500,000

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

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

Utah ...................................... Hill Air Force Base .......................... $8,900,000

Virginia ................................. Langley Air Force Base ................... $1,000,000

Washington ........................... Fairchild Air Force Base .................. $7,500,000

McChord Air Force Base .................. $9,900,000

Wyoming ............................... F.E. Warren Air Force Base ............ $9,000,000

CONUS Classified ................ Classified Location ........................... $700,000



tions in section 2304(a)(2), the Secretary of the Air Force3


tion projects for the installations and locations outside the5


ing table:7

417

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Air Force: Outside the United States


Germany ................................ Spangdahlem Air Base ..................... $8,300,000

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 .................... Royal Air Force Lakenheath ............ $1,820,000

Royal Air Force Mildenhall .............. $2,250,000

Outside the United States .... Classified Location—Outside the

United States.

$17,100,000





Air Force may construct or acquire family housing units5

(including land acquisition) at the installations, for the6

purposes, and in the amounts set forth in the following7

table:8

Air Force: Family Housing


Alaska ........................... Elmendorf Air Force

Base.

Housing Office/

Maintenance

Facility.

$3,000,000

Arizona ......................... Davis Monthan Air

Force Base.

80 units ........... $9,498,000

Arkansas ...................... Little Rock Air Force

Base.

Replace 1 Gen-

eral Officer

Quarters.

$210,000

California ...................... Beale Air Force Base .. Family Housing

Office.

$842,000

Edwards Air Force

Base.

67 units ........... $11,350,000

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/Main-

tenance Fa-

cility.

$880,000

418

•S 1026 PCS

Air Force: Family Housing—Continued


MacDill Air Force Base Family Housing

Office.

$646,000

Patrick Air Force Base 70 units ........... $7,947,000

Tyndall Air Force Base 52 units ........... $5,500,000

Georgia ......................... Moody Air Force Base 2 Officer and 1

General Offi-

cer Quarters.

$513,000

Robins Air Force Base 83 units ........... $9,800,000

Idaho ............................ Mountain Home Air

Force Base.

Housing Man-

agement Fa-

cility.

$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 ........... $5,200,000

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 .. 6 units ............. $1,357,000

New Mexico .................. Holloman Air Force

Base.

1 General Offi-

cer 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 Offi-

cer Quarters.

$204,000

Ohio .............................. Wright-Patterson Air

Force Base.

66 units ........... $5,900,000

South Carolina ............. Shaw Air Force Base .. Housing Main-

tenance Fa-

cility.

$715,000

Texas ............................ Dyess Air Force Base . Housing Main-

tenance Fa-

cility.

$580,000

Lackland Air Force

Base.

67 units ........... $6,200,000

Sheppard Air Force

Base.

Family Housing

Office.

$500,000

Sheppard Air Force

Base.

Housing Main-

tenance Fa-

cility.

$600,000

Washington .................. McChord Air Force

Base.

50 units ........... $9,504,000

Guam ............................ Andersen Air Force

Base.

Family Housing

Office.

$1,700,000

Turkey .......................... Incirlik Air Base .......... 150 units ......... $10,146,000


priated pursuant to the authorization of appropriations in2

section 2304(a)(5)(A), the Secretary of the Air Force may3



419

•S 1026 PCS

or improvement of military family housing units in an1

amount not to exceed $9,039,000.2


UNITS.4



authorization of appropriations in section 2304(a)(5)(A),7

the Secretary of the Air Force may improve existing mili-8

tary family housing units in an amount not to exceed9

$97,071,000.10

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR11

FORCE.12





Air Force in the total amount of $1,697,704,000 as fol-17

lows:18



$473,116,000.21



$49,450,000.24

420

•S 1026 PCS



Code, $9,030,000.3




(5) For military housing functions:7




(B) For support of military family housing11

(including the functions described in section12

2833 of title 10, United States Code),13

$849,213,000.14








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TITLE XXIV—DEFENSE1

AGENCIES2

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-3

TION AND LAND ACQUISITION PROJECTS.4


appropriated pursuant to section 2405(a)(1), the Sec-6

retary of Defense may acquire real property and carry out7

military construction projects for the installations and lo-8

cations inside the United States, and in the amounts, set9

forth in the following table:10

Defense Agencies: Inside the United States

Agency Installation Or Location Amount

Ballistic Missile Defense Or-

ganization:

Fort Bliss, Texas .............................. $13,600,000

Defense Finance & Account-

ing Service:

Columbus Center, Ohio ..................... $72,403,000

Defense Intelligence Agency:

Bolling Air Force Base, District of

Columbia ....................................... $1,743,000

Defense Logistics Agency:

Defense Distribution Anniston, Ala-

bama ............................................. $3,550,000

Defense Distribution Stockton, Cali-

fornia ............................................. $15,000,000

Defense Fuel Supply Center, Point

Mugu, California ........................... $750,000

Defense Fuel Supply Center, Dover

Air Force Base, Delaware ............ $15,554,000

Defense Fuel Supply Center, Eglin

Air Force Base, Florida ................ $2,400,000

Defense Fuel Supply Center,

Barksdale Air Force Base, Louisi-

ana ................................................ $13,100,000

Defense Fuel Supply Center,

McGuire Air Force Base, New

Jersey ............................................ $12,000,000

Defense Distribution Depot, New

Cumberland, Pennsylvania ............ $4,600,000

Defense Distribution Depot, Norfolk,

Virginia ......................................... $10,400,000

Defense Mapping Agency:

Defense Mapping Agency Aerospace

Center, Missouri ............................ $40,300,000

Defense Medical Facility Of-

fice:

Luke Air Force Base, Arizona ......... $8,100,000

422

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Defense Agencies: Inside the United States—Continued

Agency Installation Or Location Amount

Fort Irwin, California ....................... $6,900,000

Marine Corps Base, Camp Pendle-

ton, California ............................... $1,700,000

Vandenberg Air Force Base, Califor-

nia ................................................. $5,700,000

Dover Air Force Base, Delaware ...... $4,400,000

Fort Benning, Georgia ..................... $5,600,000

Barksdale Air Force Base, Louisiana $4,100,000

Bethesda Naval Hospital, Maryland $1,300,000

Walter Reed Army Institute of Re-

search, Maryland .......................... $1,550,000

Fort Hood, Texas ............................. $5,500,000

Lackland Air Force Base, Texas ...... $6,100,000

Reese Air Force Base, Texas ........... $1,000,000

Northwest Naval Security Group Ac-

tivity, Virginia ............................... $4,300,000

National Security Agency:

Fort Meade, Maryland ...................... $18,733,000

Office of the Secretary of De-

fense:

Classified Location Inside the United

States ............................................ $11,500,000

Department of Defense De-

pendents Schools:

Maxwell Air Force Base, Alabama ... $5,479,000

Fort Benning, Georgia ..................... $1,116,000

Fort Jackson, South Carolina .......... $576,000

Special Operations Com-

mand:

Marine Corps Air Station, Camp

Pendleton, California .................... $5,200,000

Eglin Air Force Base, Florida .......... $2,400,000

Eglin Auxiliary Field 9, Florida ....... $14,150,000

Fort Bragg, North Carolina ............. $2,600,000

Olmstead Field, Harrisburg Inter-

national Airport, Pennsylvania ..... $1,643,000

Damneck, Virginia ............................ $4,500,000

Naval Amphibious Base, Little

Creek, Virginia .............................. $6,100,000


appropriated pursuant to section 2405(a)(2), the Sec-2

retary of Defense may acquire real property and carry out3

military construction projects for the installations and lo-4

cations outside the United States, and in the amounts, set5

forth in the following table:6

423

•S 1026 PCS

Defense Agencies: Outside the United States

Agency Installation or Location Amount

Defense Logistics Agency:

Defense Fuel Support Point, Roo-

sevelt Roads, Puerto Rico ............. $6,200,000

Defense Fuel Supply Center, Rota,

Spain ............................................. $7,400,000

Defense Medical Facility Of-

fice:

Naval Support Activity, Naples, Italy $5,000,000

Department of Defense De-

pendents Schools:

Ramstein Air Force Base, Germany $19,205,000

Naval Air Station, Sigonella, Italy ... $7,595,000

National Security Agency:

Menwith Hill Station, United King-

dom ............................................... $677,000

Special Operations Com-

mand:

Naval Station, Guam ........................ $8,800,000

SEC. 2402. MILITARY HOUSING PRIVATE INVESTMENT.1

(a) AVAILABILITY OF FUNDS FOR INVESTMENT.—Of2

the amount authorized to be appropriated pursuant to sec-3

tion 2405(a)(11)(A) of this Act, $22,000,000 shall be4

available for crediting to the Department of Defense5

Housing Improvement Fund established by section 28836

of title 10, United States Code (as added by section 28117

of this Act).8

(b) USE OF FUNDS.—Notwithstanding section9

2883(c)(2) of title 10, United States Code (as so added),10

the Secretary of Defense may use funds credited to the11

Department of Defense Housing Improvement Fund12

under subsection (a) to carry out any activities authorized13

by subchapter IV of chapter 169 of such title (as so14

added).15

424

•S 1026 PCS


UNITS.2



authorization of appropriation in section 2405(a)(11)(A),5

the Secretary of Defense may improve existing military6


$3,772,000.8

SEC. 2404. ENERGY CONSERVATION PROJECTS.9

Using amounts appropriated pursuant to the author-10

ization of appropriations in section 2405(a)(9), the Sec-11

retary of Defense may carry out energy conservation12

projects under section 2865 of title 10, United States13

Code.14

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE-15

FENSE AGENCIES.16




military family housing functions of the Department of20

Defense (other than the military departments), in the total21

amount of $4,565,533,000 as follows:22



$300,644,000.25

425

•S 1026 PCS



$54,877,000.3

(3) For military construction projects at Ports-4

mouth Naval Hospital, Virginia, authorized by sec-5

tion 2401(a) of the Military Construction Authoriza-6

tion Act for Fiscal Years 1990 and 1991 (division7

B of Public Law 101–189; 103 Stat. 1640),8

$47,950,000.9

(4) For military construction projects at10

Elmendorf Air Force Base, Alaska, hospital replace-11

ment, authorized by section 2401(a) of the Military12

Construction Authorization Act for Fiscal Year 199313

(division B of Public Law 102–484; 106 Stat.14

2599), $28,100,000.15

(5) For military construction projects at Walter16

Reed Army Institute of Research, Maryland, author-17

ized by section 2401(a) of the Military Construction18

Authorization Act for Fiscal Year 1993 (division B19

of Public Law 102–484; 106 Stat. 2599),20

$27,000,000.21


under section 2805 of title 10, United States Code,23

$23,007,000.24

426

•S 1026 PCS

(7) For contingency construction projects of the1

Secretary of Defense under section 2804 of title 10,2

United States Code, $11,037,000.3




(9) For energy conservation projects authorized7

by section 2404, $50,000,000.8

(10) For base closure and realignment activities9

as authorized by the Defense Base Closure and Re-10


Public Law 101–510; 10 U.S.C. 2687 note),12

$3,897,892,000.13


(A) For construction and acquisition and15

improvement of military family housing and fa-16

cilities, $25,772,000.17

(B) For support of military housing (in-18

cluding functions described in section 2833 of19

title 10, United States Code), $30,467,000, of20

which not more than $24,874,000 may be obli-21

gated or expended for the leasing of military22

family housing units worldwide.23

(b) LIMITATION OF TOTAL COST OF CONSTRUCTION24

PROJECTS.—Notwithstanding the cost variation author-25

427

•S 1026 PCS


any other cost variations authorized by law, the total cost2


may not exceed—4

(1) the total amount authorized to be appro-5

priated under paragraphs (1) and (2) of subsection6

(a); and7

(2) $35,003,000 (the balance of the amount au-8

thorized under section 2401(a) for the construction9

of the Defense Finance and Accounting Service, Co-10

lumbus Center, Ohio).11

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT12

FISCAL YEAR 1995 PROJECTS.13

The table in section 2401 of the Military Construc-14

tion Authorization Act for Fiscal Year 1995 (division B15

of the Public Law 103–337; 108 Stat. 3040) is amend-16

ed—17

(1) in the item relating to Pine Bluff Arsenal,18

Arkansas, by striking out ‘‘$3,000,000’’ in the19

amount column and inserting in lieu thereof20

‘‘$97,000,000’’; and21

(2) in the item relating to Umatilla Army22

Depot, Oregon, by striking out ‘‘$12,000,000’’ in23

the amount column and inserting in lieu thereof24

‘‘$179,000,000’’.25

428

•S 1026 PCS

TITLE XXV—NORTH ATLANTIC1

TREATY ORGANIZATION IN-2

FRASTRUCTURE3

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND4

ACQUISITION PROJECTS.5

The Secretary of Defense may make contributions for6

the North Atlantic Treaty Organization Infrastructure7

Program as provided in section 2806 of title 10, United8

States Code, in an amount not to exceed the sum of the9

amount authorized to be appropriated for this purpose in10

section 2502 and the amount collected from the North At-11

lantic Treaty Organization as a result of construction pre-12

viously financed by the United States.13

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.14


fiscal years beginning after September 30, 1995, for con-16

tributions by the Secretary of Defense under section 280617

of title 10, United States Code, for the share of the United18

States of the cost of projects for the North Atlantic Treaty19

Organization Infrastructure Program, as authorized by20

section 2501, in the amount of $179,000,000.21

429

•S 1026 PCS

TITLE XXVI—GUARD AND1

RESERVE FORCES FACILITIES2

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC-3

TION AND LAND ACQUISITION PROJECTS.4

There are authorized to be appropriated for fiscal5

years beginning after September 30, 1995, for the costs6

of acquisition, architectural and engineering services, and7

construction of facilities for the Guard and Reserve8

Forces, and for contributions therefore, under chapter 1339

of title 10, United State Code (including the cost of acqui-10

sition of land for those facilities), the following amounts:11

(1) For the Department of the Army—12

(A) for the Army National Guard of the13

United States, $85,353,000; and14

(B) for the Army Reserve, $44,613,000.15

(2) For the Department of the Navy, for the16

Naval and Marine Corps Reserve, $7,920,000.17

(3) For the Department of the Air Force—18

(A) for the Air National Guard of the19

United States, $132,953,000; and20

(B) for the Air Force Reserve,21

$31,982,000.22

430

•S 1026 PCS

SEC. 2602. REDUCTION IN AMOUNT AUTHORIZED TO BE AP-1

PROPRIATED FOR FISCAL YEAR 1994 AIR NA-2

TIONAL GUARD PROJECTS.3

Section 2601(3)(A) of the Military Construction Au-4

thorization Act for Fiscal Year 1994 (division B of Public5

Law 103–160; 107 Stat. 1878) is amended by striking6

out ‘‘$236,341,000’’ and inserting in lieu thereof7

‘‘$229,641,000’’.8

TITLE XXVII—EXPIRATION AND9

EXTENSION OF AUTHORIZA-10

TIONS11

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND12

AMOUNTS REQUIRED TO BE SPECIFIED BY13

LAW.14

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE15

YEARS.—Except as provided in subsection (b), all author-16

izations contained in titles XXI through XXVI for military17

construction projects, land acquisition, family housing18

projects and facilities, and contributions to the North At-19

lantic Treaty Organization Infrastructure program (and20

authorizations of appropriations therefore) shall expire on21

the later of—22

(1) October 1, 1998; or23

(2) the date of the enactment of an Act author-24

izing funds for military construction for fiscal year25

1999.26

431

•S 1026 PCS

(b) EXCEPTION.—Subsection (a) shall not apply to1

authorizations for military construction projects, land ac-2

quisition, family housing projects and facilities, and con-3

tributions to the North Atlantic Treaty Organization In-4

frastructure program (and authorizations of appropria-5

tions therefor), for which appropriated funds have been6

obligated before the later of—7

(1) October 1, 1998; or8

(2) the date of the enactment of an Act author-9

izing funds for fiscal year 1999 for military con-10

struction projects, land acquisition, family housing11

projects and facilities, or contributions to the North12

Atlantic Treaty Organization Infrastructure pro-13

gram.14

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN15


(a) EXTENSIONS.—Notwithstanding section 2701 of17

the Military Construction Authorization Act for Fiscal18


2602), authorizations for the projects set forth in the ta-20

bles in subsection (b), as provided in section 2101, 2102,21

2103, or 2106 of that Act, shall remain in effect until22

October 1, 1996, or the date of the enactment of an Act23

authorizing funds for military construction for fiscal year24

1997, whichever is later.25

432

•S 1026 PCS

(b) TABLES.—The tables referred to in subsection (a)1

are as follows:2

Army: Extension of 1993 Project Authorizations

State Installation or Loca-tion Project Amount

Arkansas ...................... Pine Bluff Arsenal ...... Ammunition

Demilitariza-

tion Support

Facility.

$15,000,000

Hawaii .......................... Schofield Barracks ...... Add/Alter Sew-

age Treat-

ment Plant.

$17,500,000

Virginia ........................ Fort Picket .................. Family Housing

(26 units).

$2,300,000

Navy: Extension of 1993 Project Authorizations


California ...................... Camp Pendleton Ma-

rine Corps Base.

Sewage Treat-

ment Plant

Modifications.

$19,740,000

Maryland ...................... Patuxent River Naval

Warfare Center.

Large Anechoic

Chamber,

Phase I.

$60,990,000

Mississippi .................... Meridian Naval Air

Station.

Child Develop-

ment Center.

$1,100,000

Air Force: Extension of 1993 Project Authorizations


Arkansas ...................... Little Rock Air Force

Base.

Fire Training

Facility.

$710,000

District of Columbia .... Bolling Air Force Base Civil Engineer

Complex.

$9,400,000

Mississippi .................... Keesler Air Force Base Alter Student

Dormitory.

$3,100,000

Nebraska ...................... Offut Air Force Base .. Fire Training

Facility.

$840,000

North Carolina ............. Pope Air Force Base ... Construct

Bridge Road

and Utilities.

$4,000,000

Pope Air Force Base ... Munitions Stor-

age Complex.

$4,300,000

South Carolina ............. Shaw Air Force Base .. Fire Training

Facility.

$680,000

Virginia ........................ Langley Air Force

Base.

Base Engineer

Complex.

$5,300,000

Guam ............................ Andersen Air Base ...... Landfill ............ $10,000,000

Portugal ....................... Lajes Field .................. Water Wells ..... $865,000

Lajes Field .................. Fire Training

Facility.

$950,000

433

•S 1026 PCS

Army Reserve: Extension of 1993 Project Authorizations


West Virginia ............... Bluefield ...................... United States

Army Reserve

Center.

$1,921,000

Clarksburg ................... United States

Army Reserve

Center.

$5,358,000

Grantville ..................... United States

Army Reserve

Center.

$2,785,000

Jane Lew ..................... United States

Army Reserve

Center.

$1,566,000

Lewisburg .................... United States

Army Reserve

Center.

$1,631,000

Weirton ........................ United States

Army Reserve

Center.

$3,481,000

Army National Guard: Extension of 1993 Project Authorizations


Alabama ....................... Tuscaloosa ................... Armory ............ $2,273,000

Union Springs ............. Armory ............ $813,000

New Jersey ................... Ford Dix ...................... State Head-

quarters.

$4,750,000

Oregon .......................... La Grande ................... Organizational

Maintenance

Shop.

$1,220,000

La Grande ................... Armory Addi-

tion.

$3,049,000

Rhode Island ................ North Kingston ........... Add/Alter Ar-

mory.

$3,330,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN1


(a) EXTENSIONS.—Notwithstanding section 2701 of3

the Military Construction Authorization Act for Fiscal4


1535), authorizations for the projects set forth in the ta-6

bles in subsection (b), as provided in section 2101 or 26017

of that Act, and extended by section 2702 of the Military8

Construction Authorization Act for Fiscal Year 1995 (di-9

vision B of Public Law 103–337; 108 Stat. 3047), shall10

434

•S 1026 PCS

remain in effect until October 1, 1996, or the date of the1

enactment of an Act authorizing funds for military con-2

struction for fiscal year 1997, whichever is later.3

(b) TABLES.—The tables referred to in subsection (a)4

are as follows:5

Army: Extension of 1992 Project Authorizations


Oregon .......................... Umatilla Army Depot .. Ammunition

Demilitariza-

tion Support

Facility.

$3,600,000

Umatilla Army Depot .. Ammunition

Demilitariza-

tion Utilities.

$7,500,000

Army National Guard: Extension of 1992 Project Authorization


Ohio .............................. Toledo .......................... Armory ............ $3,183,000

Army Reserve: Extension of 1992 Project Authorization


Tennessee ..................... Jackson ........................ Joint Training

Facility.

$1,537,000

SEC. 2704. EFFECTIVE DATE.6

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI7

shall take effect on the later of—8

(1) October 1, 1995; or9

(2) the date of the enactment of this Act.10

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TITLE XXVIII—GENERAL1

PROVISIONS2

Subtitle A—Military Construction3

Program and Military Family4

Housing Changes5

SEC. 2801. SPECIAL THRESHOLD FOR UNSPECIFIED MINOR6

CONSTRUCTION PROJECTS TO CORRECT7

LIFE, HEALTH, OR SAFETY DEFICIENCIES.8

(a) SPECIAL THRESHOLD.—Section 2805 of title 10,9

United States Code, is amended—10

(1) in subsection (a)(1), by adding at the end11

the following new sentence: ‘‘However, if the military12

construction project is intended solely to correct a13

life-, health-, or safety-threatening deficiency, a14

minor military construction project may have an ap-15

proved cost equal to or less than $3,000,000.’’; and16

(2) in subsection (c)(1), by striking out ‘‘not17

more than $300,000.’’ and inserting in lieu thereof18

‘‘not more than—19

‘‘(A) $1,000,000, in the case of an unspecified20

military construction project intended solely to cor-21

rect a life-, health-, or safety-threatening deficiency;22

or23

‘‘(B) $300,000, in the case of other unspecified24

military construction projects.’’.25

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(b) TECHNICAL AMENDMENT.—Section 2861(b)(6)1

of such title is amended by striking out ‘‘section2

2805(a)(2)’’ and inserting in lieu thereof ‘‘section3

2805(a)(1)’’.4

SEC. 2802. CLARIFICATION OF SCOPE OF UNSPECIFIED5

MINOR CONSTRUCTION AUTHORITY.6


as amended by section 2801 of this Act, is further amend-8

ed by striking out ‘‘(1) that is for a single undertaking9

at a military installation, and (2)’’ in the second sentence.10

SEC. 2803. TEMPORARY WAIVER OF NET FLOOR AREA LIMI-11

TATION FOR FAMILY HOUSING ACQUIRED IN12

LIEU OF CONSTRUCTION.13

Section 2824(c) of title 10, United States Code, is14

amended by adding at the end the following sentence:15

‘‘The limitation set forth in the preceding sentence does16

not apply to family housing units acquired under this sec-17

tion during the 5-year period beginning on the date of the18

enactment of the National Defense Authorization Act for19

Fiscal Year 1996.’’.20

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SEC. 2804. REESTABLISHMENT OF AUTHORITY TO WAIVE1

NET FLOOR AREA LIMITATION ON ACQUISI-2

TION BY PURCHASE OF CERTAIN MILITARY3

FAMILY HOUSING.4

(a) REESTABLISHMENT.—Section 2826(e) of title 10,5

United States Code, is amended by striking out the second6

sentence.7

(b) APPLICABILITY.—The Secretary concerned may8

exercise the authority provided in section 2826(e) of title9

10, United States Code, as amended by subsection (a),10

on or after the date of the enactment of this Act.11

(c) DEFINITION.—In this section, the term ‘‘Sec-12

retary concerned’’ has the meaning given such term in sec-13

tion 101(a)(9) of title 10, United States Code, and in-14

cludes the meaning given such term in section 2801(b)(3)15

of such title.16

SEC. 2805. TEMPORARY WAIVER OF LIMITATIONS ON SPACE17

BY PAY GRADE FOR MILITARY FAMILY HOUS-18

ING UNITS.19

Section 2826 of title 10, United States Code, as20

amended by section 2804 of this Act, is further amended21


‘‘(i)(1) This section does not apply to the construc-23

tion, acquisition, or improvement of military family hous-24

ing units during the 5-year period beginning on October25

1, 1995.26

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•S 1026 PCS

‘‘(2) The total number of military family housing1

units constructed, acquired, or improved during any fiscal2

year in the period referred to in paragraph (1) shall be3

the total number of such units authorized by law for that4

fiscal year.’’.5

SEC. 2806. INCREASE IN NUMBER OF FAMILY HOUSING6

UNITS SUBJECT TO FOREIGN COUNTRY MAXI-7

MUM LEASE AMOUNT.8

(a) INCREASE IN NUMBER.—(1) Paragraph (1) of9

section 2828(e) of title 10, United States Code, is amend-10

ed by striking out ‘‘300 units’’ in the first sentence and11

inserting in lieu thereof ‘‘450 units’’.12

(2) Paragraph (2) of such section is amended by13

striking out ‘‘300 units’’ and inserting in lieu thereof ‘‘45014

units’’.15

(b) WAIVER FOR UNITS FOR INCUMBENTS OF SPE-16

CIAL POSITIONS AND OTHER PERSONNEL.—Paragraph17

(1) of such section is further amended by striking out18

‘‘220 such units’’ in the second sentence and inserting in19

lieu thereof ‘‘350 such units’’.20

SEC. 2807. EXPANSION OF AUTHORITY FOR LIMITED PART-21

NERSHIPS FOR DEVELOPMENT OF MILITARY22

FAMILY HOUSING.23

(a) PARTICIPATION OF OTHER MILITARY DEPART-24

MENTS.—(1) Subsection (a)(1) of section 2837 of title 10,25

439

•S 1026 PCS

United States Code, is amended by striking out ‘‘of the1

naval service’’ and inserting in lieu thereof ‘‘of the Army,2

Navy, Air Force, and Marine Corps’’.3

(2) Subsection (b)(1) of such section is amended by4

striking out ‘‘of the naval service’’ and inserting in lieu5

thereof ‘‘of the military department under the jurisdiction6

of such Secretary’’.7

(b) ADMINISTRATION.—(1) Such subsection (a)(1) is8

further amended by striking out ‘‘the Secretary of the9

Navy’’ in the first sentence and inserting in lieu thereof10

‘‘the Secretary of a military department’’.11

(2) Subsection (c)(2) of such section is amended by12

striking out ‘‘the Secretary shall’’ in the first sentence and13

inserting in lieu thereof ‘‘the Secretary of the military de-14

partment concerned shall’’.15

(3) Subsection (f) of such section is amended by16

striking out ‘‘the Secretary carries out’’ and inserting in17

lieu thereof ‘‘the Secretary of a military department car-18

ries out’’.19

(4) Subsection (g) of such section is amended by20

striking out ‘‘Secretary,’’ and inserting in lieu thereof21

‘‘Secretary of a military department,’’.22

(c) ACCOUNT.—Subsection (d) of such section is23


440

•S 1026 PCS

‘‘(d) ACCOUNT.—(1) There is hereby established on1

the books of the Treasury an account to be known as the2

‘Defense Housing Investment Account’.3

‘‘(2) There shall be deposited into the account—4

‘‘(A) such funds as may be authorized for and5

appropriated to the account;6

‘‘(B) any proceeds received by the Secretary of7

a military department from the repayment of invest-8

ments or profits on investments of the Secretary9

under subsection (a); and10

‘‘(C) any unobligated balances which remain in11

the Navy Housing Investment Account as of the12

date of the enactment of the National Defense Au-13

thorization Act for Fiscal Year 1996.14

‘‘(3) From such amounts as is provided in advance15

in appropriation Acts, funds in the account shall be avail-16

able to the Secretaries of the military departments in17

amounts determined by the Secretary of Defense for con-18

tracts, investments, and expenses necessary for the imple-19

mentation of this section.20

‘‘(4) The Secretary of a military department may not21

enter into a contract in connection with a limited partner-22

ship under subsection (a) or a collateral incentive agree-23

ment under subsection (b) unless a sufficient amount of24

the unobligated balance of the funds in the account is25

441

•S 1026 PCS

available to the Secretary, as of the time the contract is1

entered into, to satisfy the total obligations to be incurred2

by the United States under the contract.’’.3

(d) TERMINATION OF NAVY HOUSING INVESTMENT4

BOARD.—Such section is further amended—5


(2) in subsection (h)—7

(A) by striking out ‘‘(1)’’; and8

(B) by striking out paragraph (2).9

(e) EXTENSION OF AUTHORITY.—Subsection (h) of10

such section, as amended by subsection (d) of this section,11

is further amended by striking out ‘‘September 30, 1999’’12


(f) CONFORMING AMENDMENT.—Subsection (g) of14

such section is further amended by striking out ‘‘NAVY’’15

in the subsection caption.16

SEC. 2808. CLARIFICATION OF SCOPE OF REPORT RE-17

QUIREMENT ON COST INCREASES UNDER18

CONTRACTS FOR MILITARY FAMILY HOUSING19

CONSTRUCTION.20

Subsection (d) of section 2853 of title 10, United21


‘‘(d) The limitation on cost increases in subsection23

(a) does not apply to—24

442

•S 1026 PCS

‘‘(1) the settlement of a contractor claim under1

a contract; or2

‘‘(2) a within-scope modification to a contract,3

but only if—4

‘‘(A) the increase in cost is approved by5

the Secretary concerned; and6

‘‘(B) the Secretary concerned promptly7

submits written notification of the facts relating8

to the proposed increase in cost to the appro-9

priate committees of Congress.’’.10

SEC. 2809. AUTHORITY TO CONVEY DAMAGED OR DETERIO-11

RATED MILITARY FAMILY HOUSING.12

(a) AUTHORITY.—(1) Subchapter III of chapter 16913

of title 10, United States Code, is amended by inserting14

after section 2854 the following new section:15

‘‘§ 2854a. Conveyance of damaged or deteriorated16

military family housing; use of proceeds17

‘‘(a) AUTHORITY TO CONVEY.—(1) Subject to para-18

graph (3), the Secretary concerned may convey any family19

housing facility, including family housing facilities located20

in the United States and family housing facilities located21

outside the United States, that, due to damage or deterio-22

ration, is in a condition that is uneconomical to repair.23

Any conveyance of a family housing facility under this sec-24

443

•S 1026 PCS

tion may include a conveyance of the real property associ-1

ated with the facility conveyed.2

‘‘(2) The authority of this section does not apply to3

family housing facilities located at military installations4

approved for closure under a base closure law or family5

housing facilities located at installation outside the United6

States at which the Secretary of Defense terminates oper-7

ations.8

‘‘(3) The aggregate total value of the family housing9

facilities conveyed by the Department of Defense under10

the authority in this subsection in any fiscal year may not11

exceed $5,000,000.12

‘‘(4) For purposes of this subsection, a family hous-13

ing facility is in a condition that is uneconomical to repair14

if the cost of the necessary repairs for the facility would15

exceed the amount equal to 70 percent of the cost of con-16

structing a family housing facility to replace such facility.17

‘‘(b) CONSIDERATION.—(1) As consideration for the18

conveyance of a family housing facility under subsection19

(a), the person to whom the facility is conveyed shall pay20

the United States an amount equal to the fair market21

value of the facility conveyed, including any real property22

conveyed along with the facility.23

‘‘(2) The Secretary concerned shall determine the fair24

market value of any family housing facility and associated25

444

•S 1026 PCS

real property that is conveyed under subsection (a). Such1

determinations shall be final.2

‘‘(c) NOTICE AND WAIT REQUIREMENTS.—The Sec-3

retary concerned may not enter into an agreement to con-4

vey a family housing facility under this section until—5

‘‘(1) the Secretary submits to the appropriate6

committees of Congress, in writing, a justification7

for the conveyance under the agreement, including—8

‘‘(A) an estimate of the consideration to be9

provided the United States under the agree-10

ment;11

‘‘(B) an estimate of the cost of repairing12

the family housing facility to be conveyed; and13

‘‘(C) an estimate of the cost of replacing14

the family housing facility to be conveyed; and15

‘‘(2) a period of 21 calendar days has elapsed16

after the date on which the justification is received17

by the committees.18

‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY DIS-19

POSAL LAWS.—The following provisions of law do not20

apply to the conveyance of a family housing facility under21

this section:22

‘‘(1) The provisions of the Federal Property23

and Administrative Services Act of 1949 (40 U.S.C.24

471 et seq.).25

445

•S 1026 PCS

‘‘(2) The provisions of the Stewart B. McKin-1

ney Homeless Assistance Act (42 U.S.C. 11301 et2

seq.).3

‘‘(e) USE OF PROCEEDS.—(1) The proceeds of any4

conveyance of a family housing facility under this section5

shall be credited to the Department of Defense Military6

Housing Improvement Fund established under section7

2883 of this title and available for the purposes described8

in paragraph (2).9

‘‘(2) The proceeds of a conveyance of a family hous-10

ing facility under this section may be used for the follow-11

ing purposes:12

‘‘(A) To construct family housing units to re-13

place the family housing facility conveyed under this14

section, but only to the extent that the number of15

units constructed with such proceeds does not exceed16

the number of units of military family housing of the17

facility conveyed.18

‘‘(B) To repair or restore existing military fam-19

ily housing.20

‘‘(C) To reimburse the Secretary concerned for21

the costs incurred by the Secretary in conveying the22

family housing facility.23

‘‘(3) Notwithstanding section 2883(c) of this title,24

proceeds in the account under this subsection shall be25

446

•S 1026 PCS

available under paragraph (1) for purposes described in1

paragraph (2) without any further appropriation.2

‘‘(f) DESCRIPTION OF PROPERTY.—The exact acre-3

age and legal description of any family housing facility4

conveyed under this section, including any real property5

associated with such facility, shall be determined by such6

means as the Secretary concerned considers satisfactory,7

including by survey in the case of real property.8

‘‘(g) ADDITIONAL TERMS AND CONDITIONS.—The9

Secretary concerned may require such additional terms10

and conditions in connection with the conveyance of family11

housing facilities under this section as the Secretary con-12

siders appropriate to protect the interests of the United13

States.’’.14

(2) The table of sections at the beginning of such sub-15


to section 2854 the following new item:17

‘‘Sec. 2854a. Conveyance of damaged or deteriorated military family housing;

use of proceeds.’’.

(b) CONFORMING AMENDMENT.—Section 204(h) of18

the Federal Property and Administrative Services Act19

1949 (40 U.S.C. 485(h)) is amended—20


graph (5); and22



447

•S 1026 PCS

‘‘(4) This subsection does not apply to family housing1

facilities covered by section 2854a of title 10, United2

States Code.’’.3

SEC. 2810. ENERGY AND WATER CONSERVATION SAVINGS4

FOR THE DEPARTMENT OF DEFENSE.5

(a) INCLUSION OF WATER EFFICIENT MAINTENANCE6

IN ENERGY PERFORMANCE PLAN.—Paragraph (3) of sec-7

tion 2865(a) of title 10, United States Code, is amended8

by striking out ‘‘energy efficient maintenance’’ and insert-9

ing in lieu thereof ‘‘energy efficient maintenance or water10

efficient maintenance’’.11

(b) SCOPE OF TERM.—Paragraph (4) of such section12

is amended—13

(1) in the matter preceding subparagraph (A),14

by striking out ‘‘ ‘energy efficient maintenance’ ’’ and15

inserting in lieu thereof ‘‘ ‘energy efficient mainte-16

nance or water efficient maintenance’ ’’;17

(2) in subparagraph (A), by striking out ‘‘sys-18

tems or industrial processes,’’ in the matter preced-19

ing clause (i) and inserting in lieu thereof ‘‘systems,20

industrial processes, or water efficiency applica-21

tions,’’; and22

(3) in subparagraph (B), by inserting ‘‘or water23

cost savings’’ before the period at the end.24

448

•S 1026 PCS

SEC. 2811. ALTERNATIVE AUTHORITY FOR CONSTRUCTION1

AND IMPROVEMENT OF MILITARY HOUSING.2

(a) ALTERNATIVE AUTHORITY TO CONSTRUCT AND3

IMPROVE MILITARY HOUSING.—(1) Chapter 169 of title4

10, United States Code, is amended by adding at the end5

the following:6

‘‘SUBCHAPTER IV—ALTERNATIVE AUTHORITY7

FOR ACQUISITION AND IMPROVEMENT OF8

MILITARY HOUSING9

‘‘Sec.


‘‘2872. General authority.

‘‘2873. Direct loans and loan guarantees.

‘‘2874. Leasing of housing to be constructed.

‘‘2875. Investments in nongovernmental entities.

‘‘2876. Rental guarantees.

‘‘2877. Differential lease payments.

‘‘2878. Conveyance or lease of existing property and facilities.

‘‘2879. Interim leases.

‘‘2880. Unit size and type.

‘‘2881. Support facilities.

‘‘2882. Assignment of members of the armed forces to housing units.

‘‘2883. Department of Defense Housing Improvement Fund.

‘‘2884. Reports.

‘‘2885. Expiration of authority.


‘‘In this subchapter:11

‘‘(1) The term ‘base closure law’ means the fol-12

lowing:13

‘‘(A) Section 2687 of this title.14

‘‘(B) Title II of the Defense Authorization15

Amendments and Base Closure and Realign-16

ment Act (Public Law 100–526; 10 U.S.C.17

2687 note).18

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•S 1026 PCS

‘‘(C) The Defense Base Closure and Re-1


Public Law 101–510; 10 U.S.C. 2687 note).3

‘‘(2) The term ‘Secretary concerned’ includes4

the Secretary of Defense.5

‘‘(3) The term ‘support facilities’ means facili-6

ties relating to military housing units, including7

child care centers, day care centers, community cen-8

ters, housing offices, maintenance complexes, dining9

facilities, unit offices, fitness centers, parks, and10

other similar facilities for the support of military11

housing.12

‘‘§ 2872. General authority13

‘‘In addition to any other authority provided under14

this chapter for the acquisition, construction, or improve-15

ment of military family housing or military unaccom-16

panied housing, the Secretary concerned may exercise any17

authority or any combination of authorities provided18

under this subchapter in order to provide for the acquisi-19

tion, construction, improvement, or rehabilitation by pri-20

vate persons of the following:21

‘‘(1) Family housing units on or near military22

installations within the United States and its terri-23

tories and possessions.24

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•S 1026 PCS

‘‘(2) Unaccompanied housing units on or near1

such military installations.2

‘‘§ 2873. Direct loans and loan guarantees3

‘‘(a) DIRECT LOANS.—(1) Subject to subsection (c),4

the Secretary concerned may make direct loans to persons5

in the private sector in order to provide funds to such per-6

sons for the acquisition, construction, improvement, or re-7

habilitation of housing units that the Secretary determines8

are suitable for use as military family housing or as mili-9

tary unaccompanied housing.10

‘‘(2) The Secretary concerned shall establish such11

terms and conditions with respect to loans made under12

this subsection as the Secretary considers appropriate to13

protect the interests of the United States, including the14

period and frequency for repayment of such loans and the15

obligations of the obligors on such loans upon default.16

‘‘(b) LOAN GUARANTEES.—(1) Subject to subsection17

(c), the Secretary concerned may guarantee a loan made18

to any person in the private sector if the proceeds of the19

loan are to be used by the person to acquire, construct,20

improve, or rehabilitate housing units that the Secretary21

determines are suitable for use as military family housing22

or as military unaccompanied housing.23

451

•S 1026 PCS

‘‘(2) The amount of a guarantee on a loan that may1

be provided under paragraph (1) may not exceed the2

amount equal to the lesser of—3

‘‘(A) the amount equal to 80 percent of the4

value of the project; or5

‘‘(B) the amount of the outstanding principal of6

the loan.7

‘‘(3) The Secretary concerned shall establish such8

terms and conditions with respect to guarantees of loans9

under this subsection as the Secretary considers appro-10

priate to protect the interests of the United States, includ-11

ing the rights and obligations of obligors of such loans12

and the rights and obligations of the United States with13

respect to such guarantees.14

‘‘(c) LIMITATION ON DIRECT LOAN AND GUARANTEE15

AUTHORITY.—Direct loans and loan guarantees may be16

made under this section only to the extent that appropria-17

tions of budget authority to cover their cost (as defined18

in section 502(5) of the Federal Credit Reform Act of19

1990 (2 U.S.C. 661a(5)) are made in advance, or author-20

ity is otherwise provided in appropriations Acts. If such21

appropriation or other authority is provided, there may be22

established a financing account (as defined in section23

502(7) of such Act (2 U.S.C. 661a(7)) which shall be24

available for the disbursement of direct loans or payment25

452

•S 1026 PCS

of claims for payment on loan guarantees under this sec-1

tion and for all other cash flows to and from the Govern-2

ment as a result of direct loans and guarantees made3

under this section.4

‘‘§ 2874. Leasing of housing to be constructed5

‘‘(a) BUILD AND LEASE AUTHORIZED.—The Sec-6

retary concerned may enter into contracts for the lease7

of family housing units or unaccompanied housing units8

to be constructed, improved, or rehabilitated under this9

subchapter.10

‘‘(b) LEASE TERMS.—A contract under this section11

may be for any period that the Secretary concerned deter-12

mines appropriate.13

‘‘§ 2875. Investments in nongovernmental entities14

‘‘(a) INVESTMENTS AUTHORIZED.—The Secretary15

concerned may make investments in nongovernmental en-16

tities carrying out projects for the acquisition, construc-17

tion, improvement, or rehabilitation of housing units suit-18

able for use as military family housing or as military unac-19

companied housing.20

‘‘(b) FORMS OF INVESTMENT.—An investment under21

this section may take the form of a direct investment by22

the United States, an acquisition of a limited partnership23

interest by the United States, a purchase of stock or other24

equity instruments by the United States, a purchase of25

453

•S 1026 PCS

bonds or other debt instruments by the United States, or1

any combination of such forms of investment.2

‘‘(c) LIMITATION ON VALUE OF INVESTMENT.—(1)3

The cash amount of an investment under this section in4

a nongovernmental entity may not exceed an amount equal5

to 35 percent of the capital cost (as determined by the6

Secretary concerned) of the project or projects that the7

entity proposes to carry out under this section with the8

investment.9

‘‘(2) If the Secretary concerned conveys land or facili-10

ties to a nongovernmental entity as all or part of an invest-11

ment in the entity under this section, the total value of12

the investment by the Secretary under this section may13

not exceed an amount equal to 45 percent of the capital14

cost (as determined by the Secretary) of the project or15

projects that the entity proposes to carry out under this16

section with the investment.17

‘‘(3) In this subsection, the term ‘capital cost’, with18

respect to a project for the acquisition, construction, im-19

provement, or rehabilitation of housing, means the total20

amount of the costs included in the basis of the housing21

for Federal income tax purposes.22

‘‘(d) COLLATERAL INCENTIVE AGREEMENTS.—The23

Secretary concerned may enter into collateral incentive24

agreements with nongovernmental entities in which the25

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•S 1026 PCS

Secretary makes an investment under this section to en-1

sure that a suitable preference will be afforded members2

of the armed forces in the lease or purchase, as the case3

may be, of a reasonable number of the housing units cov-4

ered by the investment.5

‘‘§ 2876. Rental guarantees6

‘‘The Secretary concerned may enter into agreements7

with private persons that acquire, construct, improve, or8

rehabilitate family housing units or unaccompanied hous-9

ing units under this subchapter in order to assure—10

‘‘(1) the occupancy of such units at levels speci-11

fied in the agreements; or12

‘‘(2) rental income derived from rental of such13

units at levels specified in the agreements.14

‘‘§ 2877. Differential lease payments15

‘‘The Secretary concerned, pursuant to an agreement16

entered into by the Secretary and a private lessor of family17

housing or unaccompanied housing to members of the18

armed forces, may pay the lessor an amount in addition19

to the rental payments for the housing made by the mem-20

bers as the Secretary determines appropriate to encourage21

the lessor to make the housing available to members of22

the armed forces as family housing or as unaccompanied23

housing.24

455

•S 1026 PCS

‘‘§ 2878. Conveyance or lease of existing property and1

facilities2

‘‘(a) CONVEYANCE OR LEASE AUTHORIZED.—The3

Secretary concerned may convey or lease property or facili-4

ties (including support facilities) to private persons for5

purposes of using the proceeds of such conveyance or lease6

to carry out activities under this subchapter.7

‘‘(b) INAPPLICABILITY TO PROPERTY AT INSTALLA-8

TION APPROVED FOR CLOSURE.—The authority of this9

section does not apply to property or facilities located on10

or near a military installation approved for closure under11

a base closure law.12

‘‘(c) TERMS AND CONDITIONS.—(1) The conveyance13

or lease of property or facilities under this section shall14

be for such consideration and upon such terms and condi-15

tions as the Secretary concerned considers appropriate for16

the purposes of this subchapter and to protect the inter-17

ests of the United States.18

‘‘(2) As part or all of the consideration for a convey-19

ance or lease under this section, the purchaser or lessor20

(as the case may be) may enter into an agreement with21

the Secretary to ensure that a suitable preference will be22

afforded members of the armed forces in the lease or sub-23

lease of a reasonable number of the housing units covered24

by the conveyance or lease, as the case may be, or in the25

456

•S 1026 PCS

lease of other suitable housing units made available by the1

purchaser or lessee.2

‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY MAN-3

AGEMENT LAWS.—The conveyance or lease of property or4

facilities under this section shall not be subject to the fol-5

lowing provisions of law:6

‘‘(1) Section 2667 of this title.7

‘‘(2) The Federal Property and Administrative8

Services Act of 1949 (40 U.S.C. 471 et seq.).9

‘‘(3) Section 321 of the Act of June 30, 193210

(commonly known as the Economy Act) (47 Stat.11

412, chapter 314; 40 U.S.C. 303b).12

‘‘(4) The Stewart B. McKinney Homeless As-13

sistance Act (42 U.S.C. 11301 et seq.).14

‘‘§ 2879. Interim leases15

‘‘Pending completion of a project to acquire, con-16

struct, improve, or rehabilitate family housing units or un-17

accompanied housing units under this subchapter, the Sec-18

retary concerned may provide for the interim lease of such19

units of the project as are complete. The term of a lease20

under this section may not extend beyond the date of the21

completion of the project concerned.22

‘‘§ 2880. Unit size and type23

‘‘(a) CONFORMITY WITH SIMILAR HOUSING UNITS IN24

LOCALE.—The Secretary concerned shall ensure that the25

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•S 1026 PCS

room patterns and floor areas of family housing units and1

unaccompanied housing units acquired, constructed, im-2

proved, or rehabilitated under this subchapter are gen-3

erally comparable to the room patterns and floor areas of4

similar housing units in the locality concerned.5

‘‘(b) INAPPLICABILITY OF LIMITATIONS ON SPACE6

BY PAY GRADE.—(1) Section 2826 of this title does not7

apply to family housing units acquired, constructed, im-8

proved, or rehabilitated under this subchapter.9

‘‘(2) The regulations prescribed under section 285610

of this title do not apply to unaccompanied housing units11

acquired, constructed, improved, or rehabilitated under12

this subchapter.13

‘‘§ 2881. Support facilities14

‘‘Any project for the acquisition, construction, im-15

provement, or rehabilitation of family housing units or un-16

accompanied housing units under this subchapter may in-17

clude the acquisition, construction, or improvement of sup-18

port facilities for the housing units concerned.19

‘‘§ 2882. Assignment of members of the armed forces20

to housing units21

‘‘(a) IN GENERAL.—The Secretary concerned may22

assign members of the armed forces to housing units ac-23

quired, constructed, improved, or rehabilitated under this24

subchapter.25

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•S 1026 PCS

‘‘(b) EFFECT OF CERTAIN ASSIGNMENTS ON ENTI-1

TLEMENT TO HOUSING ALLOWANCES.—(1) Except as2

provided in paragraph (2), housing referred to in sub-3

section (a) shall be considered as quarters of the United4

States or a housing facility under the jurisdiction of a uni-5

formed service for purposes of section 403(b) of title 37.6

‘‘(2) A member of the armed forces who is assigned7

in accordance with subsection (a) to a housing unit not8

owned or leased by the United States shall be entitled to9

a basic allowance for quarters under section 403 of title10

37 and, if in a high housing cost area, a variable housing11

allowance under section 403a of that title.12

‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOT-13

MENTS.—The Secretary concerned may require members14

of the armed forces who lease housing in housing units15

acquired, constructed, improved, or rehabilitated under16

this subchapter to make lease payments for such housing17

pursuant to allotments of the pay of such members under18

section 701 of title 37.19

‘‘§ 2883. Department of Defense Housing Improve-20

ment Fund21

‘‘(a) ESTABLISHMENT.—There is hereby established22

on the books of the Treasury an account to be known as23

the Department of Defense Housing Improvement Fund24

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•S 1026 PCS

(in this section referred to as the ‘Fund’). The Secretary1

of Defense shall administer the Fund as a single account.2

‘‘(b) CREDITS TO FUND.—There shall be credited to3

the Fund the following:4

‘‘(1) Funds appropriated to the Fund.5

‘‘(2) Any funds that the Secretary of Defense6

may, to the extent provided in appropriations Acts,7

transfer to the Fund from funds appropriated to the8

Department of Defense for family housing, except9

that such funds may be transferred only after the10

Secretary of Defense transmits written notice of,11

and justification for, such transfer to the appro-12

priate committees of Congress.13

‘‘(3) Any funds that the Secretary of Defense14

may, to the extent provided in appropriations Acts,15

transfer to the Fund from funds appropriated to the16

Department of Defense for military unaccompanied17

housing or for the operation and maintenance of18

military unaccompanied housing, except that such19

funds may be transferred only after the Secretary of20

Defense transmits written notice of, and justification21

for, such transfer to the appropriate committees of22

Congress.23

‘‘(4) Proceeds from the conveyance or lease of24

property or facilities under section 2878 of this title.25

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•S 1026 PCS

‘‘(5) Income from any activities under this sub-1

chapter, including interest on loans made under sec-2

tion 2873 of this title, income and gains realized3

from investments under section 2875 of this title,4

and any return of capital invested as part of such5

investments.6

‘‘(c) USE OF FUNDS.—(1) To the extent provided in7

appropriations Acts and except as provided in paragraphs8

(2) and (3), the Secretary of Defense may use amounts9

in the Fund to carry out activities under this subchapter10

(including activities required in connection with the plan-11

ning, execution, and administration of contracts or agree-12

ments entered into under the authority of this subchapter)13

and may transfer funds to the Secretaries of the military14

departments to permit such Secretaries to carry out such15

activities.16

‘‘(2)(A) Funds in the fund that are derived from ap-17

propriations or transfers of funds for military family hous-18

ing, or from income from activities under this subchapter19

with respect to such housing, may be used in accordance20

with paragraph (1) only to carry out activities under this21

subchapter with respect to military family housing.22

‘‘(B) Funds in the fund that are derived from appro-23

priations or transfers of funds for military unaccompanied24

housing, or from income from activities under this sub-25

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•S 1026 PCS

chapter with respect to such housing, may be used in ac-1

cordance with paragraph (1) only to carry out activities2

under this subchapter with respect to military unaccom-3

panied housing.4

‘‘(3) The Secretary may not enter into a contract or5

agreement to carry out activities under this subchapter6

unless the Fund contains sufficient amounts, as of the7

time the contract or agreement is entered into, to satisfy8

the total obligations to be incurred by the United States9

under the contract or agreement.10

‘‘(d) LIMITATION ON AMOUNT OF BUDGET AUTHOR-11

ITY.—The total value in budget authority of all contracts,12

agreements, and investments undertaken using the au-13

thorities provided in this subchapter shall not exceed14

$1,000,000,000.15

‘‘§ 2884. Reports16

‘‘(a) PROJECT REPORTS.—The Secretary of Defense17

shall transmit to the appropriate committees of Congress18

a report on each contract or agreement for a project for19

the acquisition, construction, improvement, or rehabilita-20

tion of family housing units or unaccompanied housing21

units that the Secretary proposes to solicit under this sub-22

chapter. The report shall describe the project and the in-23

tended method of participation of the United States in the24

462

•S 1026 PCS

project and provide a justification of such method of par-1

ticipation.2

‘‘(b) ANNUAL REPORTS.—The Secretary of Defense3

shall include each year in the materials that the Secretary4

submits to Congress in support of the budget submitted5

by the President pursuant to section 1105 of title 31 the6

following:7

‘‘(1) A report on the expenditures and receipts8

during the preceding fiscal year from the Depart-9

ment of Defense Housing Improvement Fund estab-10

lished under section 2883 of this title.11

‘‘(2) A methodology for evaluating the extent12

and effectiveness of the use of the authorities under13

this subchapter during such preceding fiscal year.14

‘‘(3) A description of the objectives of the De-15

partment of Defense for providing military family16

housing and military unaccompanied housing for17

members of the armed forces.18

‘‘§ 2885. Expiration of authority19

‘‘The authority to enter into a transaction under this20

subchapter shall expire 5 years after the date of the enact-21


Year 1996.’’.23

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•S 1026 PCS

(2) The table of subchapters at the beginning of such1


to subchapter III the following new item:3

‘‘IV. Alternative Authority for Acquisition and Improvement of Military

Housing ......................................................................... 2870’’.

(b) FINAL REPORT.—Not later than March 1, 2000,4

the Secretary of Defense shall submit to the congressional5

defense committees a report on the use by the Secretary6

of Defense and the Secretaries of the military departments7

of the authorities provided by subchapter IV of chapter8

169 of title 10, United States Code, as added by sub-9

section (a). The report shall assess the effectiveness of10

such authority in providing for the construction and im-11

provement of military family housing and military unac-12

companied housing.13

(c) CROSS REFERENCE AMENDMENT.—(1) Chapter14

169 of title 10, United States Code, is further amended15


‘‘§ 2822a. Additional authority relating to military17

housing18

‘‘For additional authority regarding the acquisition,19

construction, or improvement of military family housing20

and military unaccompanied housing, see subchapter IV21

of this chapter.’’.22

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•S 1026 PCS


chapter II of such chapter is amended by inserting after2

the item relating to section 2822 the following new item:3

‘‘2822a. Additional authority relating to military housing.’’.

SEC. 2812. PERMANENT AUTHORITY TO ENTER INTO4

LEASES OF LAND FOR SPECIAL OPERATIONS5

ACTIVITIES.6

(a) PERMANENT AUTHORITY.—Section 2680 of title7

10, United States Code, is amended by striking out sub-8

section (d).9

(b) REPORTING REQUIREMENT.—Such section is fur-10

ther amended by adding at the end the following new sub-11

section (d):12

‘‘(d) REPORTS.—Not later than March 1 of each13

year, the Secretary of Defense shall submit to the Com-14

mittee on the Armed Services of the Senate and the Com-15


tives a report that—17

‘‘(1) identifies each leasehold interest acquired18

during the previous fiscal year under subsection (a);19

and20

‘‘(2) contains a discussion of each project for21

the construction or modification of facilities carried22

out pursuant to subsection (c) during such fiscal23

year.’’.24

465

•S 1026 PCS

SEC. 2813. AUTHORITY TO USE FUNDS FOR CERTAIN EDU-1

CATIONAL PURPOSES.2


amended by striking out ‘‘section 10’’ and all that follows4

through the period at the end and inserting in lieu thereof5

‘‘construction, as defined in section 8013(3) of the Ele-6

mentary and Secondary Education Act of 1965 (20 U.S.C.7

7713(3)), or to carry out section 8008 of such Act (208

U.S.C. 7708), relating to impact aid.’’.9

Subtitle B—Defense Base Closure10

and Realignment11

SEC. 2821. IN-KIND CONSIDERATION FOR LEASES AT IN-12

STALLATIONS TO BE CLOSED OR REALIGNED.13

Section 2667(f) of title 10, United States Code, is14


‘‘(4) The Secretary concerned may accept under sub-16

section (b)(5) services of a lessee for an entire installation17

to be closed or realigned under a base closure law, or for18

any part of such installation, without regard to the re-19

quirement in subsection (b)(5) that a substantial part of20

the installation be leased.’’.21

SEC. 2822. CLARIFICATION OF AUTHORITY REGARDING22

CONTRACTS FOR COMMUNITY SERVICES AT23

INSTALLATIONS BEING CLOSED.24

(a) 1988 LAW.—Section 204(b)(8)(A) of the Defense25

Authorization Amendments and Base Closure and Re-26

466

•S 1026 PCS

alignment Act (Public Law 100–526; 10 U.S.C. 26871


(1) by striking out ‘‘may contract’’ and insert-3

ing in lieu thereof ‘‘may enter into agreements (in-4

cluding contracts, cooperative agreements, or other5

arrangements)’’; and6

(2) by adding at the end the following new sen-7

tence: ‘‘An agreement under the authority in the8

preceding sentence may provide for the reimburse-9

ment of the local government concerned by the Sec-10

retary for the cost of any services provided under11

the agreement by that government.’’.12

(b) 1990 LAW.—Section 2905(b)(8)(A) of the De-13

fense Base Closure and Realignment Act of 1990 (part14

A of title XXIX of Public Law 101–510; 10 U.S.C. 268715


(1) by striking out ‘‘may contract’’ and insert-17

ing in lieu thereof ‘‘may enter into agreements (in-18

cluding contracts, cooperative agreements, or other19

arrangements)’’; and20

(2) by adding at the end the following new sen-21

tence: ‘‘An agreement under the authority in the22

preceding sentence may provide for the reimburse-23

ment of the local government concerned by the Sec-24

467

•S 1026 PCS

retary for the cost of any services provided under1

the agreement by that government.’’.2

SEC. 2823. CLARIFICATION OF FUNDING FOR ENVIRON-3

MENTAL RESTORATION AT INSTALLATIONS4

APPROVED FOR CLOSURE OR REALIGNMENT5

IN 1995.6

Subsection (e) of section 2906 of the Defense Base7

Closure and Realignment Act of 1990 (part A of title8

XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is9


‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR11

ENVIRONMENTAL RESTORATION PROJECTS.—(1) Except12

for funds deposited into the Account under subsection (a),13

and except as provided in paragraph (2), funds appro-14

priated to the Department of Defense may not be used15

for purposes described in section 2905(a)(1)(C). The pro-16

hibition in this subsection shall expire upon the termi-17

nation of the Secretary’s authority to carry out a closure18

or realignment under this part.19

‘‘(2) Funds in the Defense Environmental Restora-20

tion Account established under section 2703(a) of title 10,21

United States Code, may be used in fiscal year 1996 for22

environmental restoration at installations approved for23

closure or realignment under this part in 1995.’’.24

468

•S 1026 PCS

SEC. 2824. AUTHORITY TO LEASE PROPERTY REQUIRING1

ENVIRONMENTAL REMEDIATION AT INSTAL-2

LATIONS APPROVED FOR CLOSURE.3

Section 120(h)(3) of the Comprehensive Environ-4

mental Response Compensation and Liability Act of 19805

(42 U.S.C. 9620(h)(3)) is amended in the matter following6

subparagraph (C)—7

(1) by striking out the first sentence; and8

(2) by adding at the end, flush to the para-9

graph margin, the following:10

‘‘The requirements of subparagraph (B) shall not11

apply in any case in which the person or entity to12

whom the real property is transferred is a poten-13

tially responsible party with respect to such prop-14

erty.15

‘‘The requirements of subparagraph (B) shall not16

apply to the lease of real property located at an in-17

stallation approved for closure under a base closure18

law if the lessee has agreed to purchase the property19

and the Administrator determines that the property20

is suitable for lease and that there are adequate as-21

surances that the United States will take all reme-22

dial action referred to in such subparagraph that23

has not yet been taken.’’.24

469

•S 1026 PCS

Subtitle C—Land Conveyances1

SEC. 2831. LAND ACQUISITION OR EXCHANGE, SHAW AIR2

FORCE BASE, SOUTH CAROLINA.3

(a) LAND ACQUISITION.—The Secretary of the Air4

Force may, by means of an exchange of property, accept-5

ance as a gift, or other means that does not require the6

use of appropriated funds, acquire all right, title, and in-7

terest in and to a parcel of real property (together with8

any improvements thereon) consisting of approximately9

1,100 acres that is located adjacent to the eastern end10

of Shaw Air Force Base, South Carolina, and extends to11

Stamey Livestock Road in Sumter County, South Caro-12

lina.13

(b) ACQUISITION THROUGH EXCHANGE OF14

LANDS.—For purposes of acquiring the real property de-15

scribed in subsection (a) by means of an exchange of16

lands, the Secretary may convey all right, title, and inter-17

est of the United States in and to a parcel of real property18

in the possession of the Air Force if—19

(1) the Secretary determines that the land ex-20

change is in the best interests of the Air Force; and21

(2) the fair market value of the Air Force par-22

cel to be conveyed does not exceed the fair market23

value of the parcel to be acquired.24

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•S 1026 PCS

(c) REVERSION OF GIFT CONVEYANCE.—If the Sec-1

retary acquires the real property described in subsection2

(a) by way of gift, the Secretary may accept in the deed3

of conveyance terms or conditions requiring that the land4

be reconveyed to the donor, or the donor’s heirs, if Shaw5

Air Force Base ceases operations and is closed.6

(d) DETERMINATIONS OF FAIR MARKET VALUE.—7

The Secretary shall determine the fair market value of the8

parcels of real property to be acquired pursuant to sub-9

section (a) or acquired and conveyed pursuant to sub-10

section (b). Such determinations shall be final.11

(e) DESCRIPTIONS OF PROPERTY.—The exact acre-12

age and legal descriptions of the parcels of real property13

to be acquired pursuant to subsection (a) or acquired and14

conveyed pursuant to subsection (b) shall be determined15

by surveys that are satisfactory to the Secretary.16

(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-17

retary may require such additional terms and conditions18

in connection with the acquisition under subsection (a) or19

the acquisition and conveyance under subsection (b) as the20

Secretary considers appropriate to protect the interests of21

the United States.22

471

•S 1026 PCS

SEC. 2832. AUTHORITY FOR PORT AUTHORITY OF STATE OF1

MISSISSIPPI TO USE CERTAIN NAVY PROP-2

ERTY IN GULFPORT, MISSISSIPPI.3

(a) JOINT USE AGREEMENT AUTHORIZED.—The4

Secretary of the Navy may enter into an agreement with5

the Port Authority of the State of Mississippi (in this sec-6

tion referred to as the ‘‘Port Authority’’), under which the7

Port Authority may use up to 50 acres of real property8

and associated facilities located at the Naval Construction9

Battalion Center, Gulfport, Mississippi (in this section re-10

ferred to as the ‘‘Center’’).11

(b) TERM OF AGREEMENT.—The agreement author-12

ized under subsection (a) may be for an initial period of13

not more than 15 years. Under the agreement, the Sec-14

retary shall provide the Port Authority with an option to15

extend the agreement for 3 additional periods of 5 years16

each and for such additional periods as the Secretary and17

the Port Authority mutually agree.18

(c) RESTRICTIONS ON USE.—The agreement author-19

ized under subsection (a) shall require the Port Author-20

ity—21

(1) to suspend operations at the Center in the22

event that Navy contingency operations are con-23

ducted at the Center; and24

472

•S 1026 PCS

(2) to use the property covered by the agree-1

ment in a manner consistent with the Navy oper-2

ations at the Center.3

(d) CONSIDERATION.—(1) As consideration for the4

use of the property covered by the agreement under sub-5

section (a), the Port Authority shall pay to the Navy an6

amount equal to the fair market rental value of the prop-7

erty, as determined by the Secretary taking into consider-8

ation the nature and extent of the Port Authority’s use9

of the property.10

(2) The Secretary may include a provision in the11

agreement requiring the Port Authority—12

(A) to pay the Navy an amount (as determined13

by the Secretary) to cover the costs of replacing at14

the Center any facilities vacated by the Navy on ac-15

count of the agreement or to construct suitable re-16

placement facilities for the Navy; and17

(B) to pay the Navy an amount (as determined18

by the Secretary) for the costs of relocating Navy19

operations from the vacated facilities to the replace-20

ment facilities.21

(e) CONGRESSIONAL NOTIFICATION.—The Secretary22

may not enter into the agreement authorized by subsection23

(a) until the end of the 21-day period beginning on the24

date on which the Secretary submits to Congress a report25

473

•S 1026 PCS

containing an explanation of the terms of the proposed1

agreement and a description of the consideration that the2

Secretary expects to receive under the agreement.3

(f) USE OF PAYMENT.—(1) The Secretary may use4

amounts received under subsection (d)(1) to pay for gen-5

eral supervision, administration, and overhead expenses6

and for improvement, maintenance, repair, construction,7

or restoration of facilities at the Center or of the roads8

and railways serving the Center.9

(2) The Secretary may use amounts received under10

subsection (d)(2) to pay for constructing new facilities, or11

making modifications to existing facilities, that are nec-12

essary to replace facilities vacated by the Navy on account13

of the agreement under subsection (a) and for relocating14

operations of the Navy from the vacated facilities to re-15

placement facilities.16

(g) CONSTRUCTION BY PORT AUTHORITY.—The Sec-17

retary may authorize the Port Authority to demolish exist-18

ing facilities located on the property covered by the agree-19

ment under subsection (a) and, consistent with the restric-20

tion provided under subsection (c)(2), construct new facili-21

ties on the property for the joint use of the Port Authority22

and the Navy.23

(h) ADDITIONAL TERMS AND CONDITIONS.—The24


474

•S 1026 PCS

tions in connection with the agreement authorized under1

subsection (a) as the Secretary considers appropriate to2

protect the interests of the United States.3

SEC. 2833. CONVEYANCE OF RESOURCE RECOVERY FACIL-4

ITY, FORT DIX, NEW JERSEY.5

(a) AUTHORITY TO CONVEY.—The Secretary of the6

Army may convey to Burlington County, New Jersey (in7

this section referred to as the ‘‘County’’), without consid-8

eration, all right, title, and interest of the United States9

in and to a parcel of real property at Fort Dix, New Jer-10

sey, consisting of approximately two acres and containing11

a resource recovery facility known as the Fort Dix re-12

source recovery facility.13

(b) RELATED EASEMENTS.—The Secretary may14

grant to the County any easement that is necessary for15

access to and operation of the resource recovery facility16

conveyed under subsection (a).17

(c) REQUIREMENT RELATING TO CONVEYANCE.—18

The Secretary may not carry out the conveyance of the19

resource recovery facility authorized in subsection (a) un-20

less the County agrees to accept the facility in its existing21

condition at the time of conveyance.22

(d) CONDITIONS ON CONVEYANCE.—The conveyance23

of the resource recovery facility authorized by subsection24

(a) is subject to the following conditions:25

475

•S 1026 PCS

(1) That the County provide refuse service and1

steam service to Fort Dix, New Jersey, at the rate2

mutually agreed upon by the Secretary and the3

County and approved by the appropriate Federal or4

State regulatory authority.5

(2) That the County comply with all applicable6

environmental laws and regulations (including any7

permit or license requirements) relating to the re-8

source recovery facility.9

(3) That, consistent with its ownership of the10

resource recovery facility conveyed, the County as-11

sume full responsibility for operation, maintenance,12

and repair of the facility and for compliance of the13

facility with all applicable regulatory requirements.14

(4) That the County not commence any expan-15

sion of the resource recovery facility without ap-16

proval of such expansion by the Secretary.17

(e) DESCRIPTION OF THE PROPERTY.—The exact18

legal description of the real property to be conveyed under19

subsection (a), including the resource recovery facility con-20

veyed therewith, and any easements granted under sub-21

section (b), shall be determined by a survey and by other22

means satisfactory to the Secretary. The cost of any sur-23

vey or other services performed at the direction of the Sec-24

476

•S 1026 PCS

retary under the authority in the preceding sentence shall1

be borne by the County.2



in connection with the conveyance under subsection (a)5

and the grant of any easement under subsection (b) as6

the Secretary considers appropriate to protect the inter-7


SEC. 2834. CONVEYANCE OF WATER AND WASTEWATER9

TREATMENT PLANTS, FORT GORDON, GEOR-10

GIA.11

(a) AUTHORITY TO CONVEY.—The Secretary of the12

Army may convey to the City of Augusta, Georgia (in this13

section referred to as the ‘‘City’’), without consideration,14

all right, title, and interest of the United States in and15

to two parcels of real property located at Fort Gordon,16

Georgia, consisting of approximately seven acres each. The17

parcels are improved with a water filtration plant, a water18

distribution system with storage tanks, a sewage treat-19

ment plant, and a sewage collection system.20


grant to the City any easement that is necessary for access22

to the real property conveyed under subsection (a) and op-23

eration of the conveyed facilities.24

477

•S 1026 PCS

(c) REQUIREMENT RELATING TO CONVEYANCE.—1


water and wastewater treatment plants and water and3

wastewater distribution and collection systems authorized4

in subsection (a) unless the City agrees to accept the5

plants and systems in their existing condition at the time6

of conveyance.7

(d) CONDITIONS ON CONVEYANCE.—The conveyance8

authorized by subsection (a) is subject to the following9

conditions:10

(1) That the City provide water and sewer serv-11

ice to Fort Gordon, Georgia, at a rate mutually12

agreed upon by the Secretary and the City and ap-13

proved by the appropriate Federal or State regu-14

latory authority.15

(2) That the City comply with all applicable en-16

vironmental laws and regulations (including any per-17

mit or license requirements) relating to the water18

and wastewater treatment plants and water and19

wastewater distribution and collection systems con-20

veyed under that subsection.21


water and wastewater treatment plants and water23

and wastewater distribution and collection systems24

conveyed, the City assume full responsibility for op-25

478

•S 1026 PCS

eration, maintenance, and repair of the plants and1

water and systems conveyed under that subsection2

and for compliance of the plants and systems with3

all applicable regulatory requirements.4

(4) That the City not commence any expansion5

of the water or wastewater treatment plant or water6

or wastewater distribution or collection system con-7

veyed under that subsection without approval of8

such expansion by the Secretary.9

(e) DESCRIPTION OF PROPERTY.—The exact legal10

description of the real property to be conveyed under sub-11

section (a), including the water and wastewater treatment12

plants and water and wastewater distribution and collec-13

tion systems conveyed therewith, and of any easements14

granted under subsection (b), shall be determined by a15

survey and by other means satisfactory to the Secretary.16

The cost of any survey or other services performed at the17

direction of the Secretary under the authority in the pre-18

ceding sentence shall be borne by the City.19



in connection with the conveyance under subsection (a)22

and the grant of any easement under subsection (b) as23



479

•S 1026 PCS

SEC. 2835. CONVEYANCE OF WATER TREATMENT PLANT,1

FORT PICKETT, VIRGINIA.2

(a) AUTHORITY TO CONVEY.—(1) The Secretary of3

the Army may convey to the Town of Blackstone, Virginia4

(in this section referred to as the ‘‘Town’’), without con-5

sideration, all right, title, and interest of the United States6

in and to the property described in paragraph (2).7

(2) The property referred to in paragraph (1) is the8

following property located at Fort Pickett, Virginia:9

(A) A parcel of real property consisting of ap-10

proximately 10 acres, including a reservoir and im-11

provements thereon, the site of the Fort Pickett12

water treatment plant.13

(B) Any equipment, fixtures, structures, or14

other improvements (including any water trans-15

mission lines, water distribution and service lines,16

fire hydrants, water pumping stations, and other im-17

provements) not located on the parcel described in18

subparagraph (A) that are jointly identified by the19

Secretary and the Town as owned and utilized by20

the Federal Government in order to provide water to21

and distribute water at Fort Pickett.22


grant to the Town the following easements relating to the24

conveyance of the property authorized by subsection (a):25

480

•S 1026 PCS

(1) Such easements, if any, as the Secretary1

and the Town jointly determine are necessary in2

order to provide access to the water distribution sys-3

tem referred to in paragraph (2) of such subsection4

for maintenance, safety, and other purposes.5

(2) Such easements, if any, as the Secretary6

and the Town jointly determine are necessary in7

order to provide access to the finished water lines8

from the system to the Town.9

(3) Such rights of way appurtenant, if any, as10

the Secretary and the Town jointly determine are11

necessary in order to satisfy requirements imposed12

by any Federal, State, or municipal agency relating13

to the maintenance of a buffer zone around the14

water distribution system.15

(c) WATER RIGHTS.—The Secretary shall grant to16

the Town as part of the conveyance under subsection (a)17

all right, title, and interest of the United States in and18

to any water of the Nottoway River, Virginia, that is con-19

nected with the reservoir referred to in paragraph (2)(A)20

of such subsection.21

(d) REQUIREMENTS RELATING TO CONVEYANCE.—22

(1) The Secretary may not carry out the conveyance of23

the water distribution system authorized under subsection24

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•S 1026 PCS

(a) unless the Town agrees to accept the system in its1

existing condition at the time of the conveyance.2

(2) The Secretary shall complete any environmental3

removal or remediation required under the Comprehensive4

Environmental Response, Compensation, and Liability Act5

of 1980 (42 U.S.C. 9601 et seq.) with respect to the sys-6

tem to be conveyed under this section before carrying out7

the conveyance.8

(e) CONDITIONS.—The conveyance authorized in sub-9

section (a) shall be subject to the following conditions:10

(1) That the Town reserve for provision to Fort11

Pickett, and provide to Fort Pickett on demand, not12

less than 1,500,000 million gallons per day of treat-13

ed water from the water distribution system.14

(2) That the Town provide water to and distrib-15

ute water at Fort Pickett at a rate that is no less16

favorable than the rate that the Town would charge17

a public or private entity similar to Fort Pickett for18

the provision and distribution of water.19

(3) That the Town maintain and operate the20

water distribution system in compliance with all ap-21

plicable Federal and State environmental laws and22

regulations (including any permit and license re-23

quirements).24

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•S 1026 PCS

(f) DESCRIPTION OF PROPERTY.—The exact legal de-1

scription of the property to be conveyed under subsection2

(a), of any easements granted under subsection (b), and3

of any water rights granted under subsection (c) shall be4

determined by a survey and other means satisfactory to5

the Secretary. The cost of any survey or other services6

performed at the direction of the Secretary under the au-7

thority in the preceding sentence shall be borne by the8

Town.9

(g) ADDITIONAL TERMS AND CONDITIONS.—The10


tions in connection with the conveyance authorized under12

subsection (a), the easements granted under subsection13

(b), and the water rights granted under subsection (c) that14



SEC. 2836. CONVEYANCE OF ELECTRIC POWER DISTRIBU-17

TION SYSTEM, FORT IRWIN, CALIFORNIA.18

(a) AUTHORITY TO CONVEY.—(1) The Secretary of19

the Army may convey to the Southern California Edison20

Company, California (in this section referred to as the21

‘‘Company’’), without consideration, all right, title, and in-22

terest of the United States in and to the electric power23

distribution system described in subsection (b).24

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•S 1026 PCS

(2) The Secretary may not convey any real property1

under the authority in paragraph (1).2

(b) COVERED SYSTEM.—The electric power distribu-3

tion system referred to in subsection (a) is the electric4

power distribution system located at Fort Irwin, Califor-5

nia, and includes the equipment, fixtures, structures, and6

other improvements (including approximately 115 miles of7

electrical distribution lines, poles, switches, reclosers,8

transformers, regulators, switchgears, and service lines)9

that the Federal Government utilizes to provide electric10

power at Fort Irwin.11

(c) RELATED EASEMENTS.—The Secretary may12

grant to the Company any easement that is necessary for13

access to and operation of the electric power distribution14

system conveyed under subsection (a).15

(d) REQUIREMENT RELATING TO CONVEYANCE.—16


electric power distribution system authorized in subsection18

(a) unless the Company agrees to accept that system in19

its existing condition at the time of the conveyance.20

(e) CONDITIONS ON CONVEYANCE.—The conveyance21

authorized by subsection (a) is subject to the following22

conditions:23

(1) That the Company provide electric power to24

Fort Irwin, California, at a rate mutually agreed25

484

•S 1026 PCS

upon by the Secretary and the Company and ap-1

proved by the appropriate Federal or State regu-2

latory authority.3

(2) That the Company comply with all applica-4

ble environmental laws and regulations (including5

any permit or license requirements) relating to the6

electric power distribution system.7


electric power distribution system conveyed, the9

Company assume full responsibility for operation,10

maintenance, and repair of the system and for com-11

pliance of the system with all applicable regulatory12

requirements.13

(4) That the Company not commence any ex-14

pansion of the electric power distribution system15

without approval of such expansion by the Secretary.16

(f) DESCRIPTION OF PROPERTY.—The exact legal de-17

scription of the electric power distribution system to be18

conveyed pursuant to subsection (a), including any ease-19

ment granted under subsection (b), shall be determined20

by a survey and by other means satisfactory to the Sec-21

retary. The cost of any survey or other services performed22

at the direction of the Secretary pursuant to the authority23

in the preceding sentence shall be borne by the Company.24

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•S 1026 PCS

(g) ADDITIONAL TERMS AND CONDITIONS.—The1


tions in connection with the conveyance under subsection3

(a) and the grant of any easement under subsection (b)4

as the Secretary considers appropriate to protect the inter-5


SEC. 2837. LAND EXCHANGE, FORT LEWIS, WASHINGTON.7

(a) IN GENERAL.—(1) The Secretary of the Army8

may convey to the Weyerhaeuser Real Estate Company,9

Washington (in this section referred to as the ‘‘Com-10

pany’’), all right, title, and interest of the United States11

in and to the parcels of real property described in para-12

graph (2).13

(2) The authority in paragraph (1) applies to the fol-14

lowing parcels of real property located on the Fort Lewis15

Military Reservation, Washington:16

(A) An unimproved portion of Tract 1000 (for-17

merly being in the DuPont-Steilacoom Road), con-18

sisting of approximately 1.23 acres.19

(B) Tract 26E, consisting of approximately20

0.03 acres.21

(b) CONSIDERATION.—As consideration for the con-22

veyance authorized by subsection (a), the Company23

shall—24

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•S 1026 PCS

(1) convey (or acquire and then convey) to the1

United States all right, title, and interest in and to2

a parcel of real property consisting of approximately3

0.39 acres, together with improvements thereon, lo-4

cated within the boundaries of Fort Lewis Military5

Reservation;6

(2) construct an access road from Pendleton7

Street to the DuPont Recreation Area and a walk-8

way path through DuPont Recreation Area;9

(3) construct as improvements to the recreation10

area a parking lot, storm drains, perimeter fencing,11

restroom facilities, and initial grading of the DuPont12

baseball fields; and13

(4) provide such other consideration as may be14

necessary (as determined by the Secretary) to ensure15

that the fair market value of the consideration pro-16

vided by the Company under this subsection is not17

less than the fair market value of the parcels of real18

property conveyed under subsection (a).19

(c) DETERMINATIONS OF FAIR MARKET VALUE.—20

The determinations of the Secretary regarding the fair21

market value of the real property to be conveyed pursuant22

to subsections (a) and (b), and of any other consideration23

provided by the Company under subsection (b), shall be24

final.25

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•S 1026 PCS

(d) TREATMENT OF OTHER INTERESTS IN PARCELS1

TO BE CONVEYED.—The Secretary may enter into an2

agreement with the appropriate officials of Pierce County,3

Washington, which provides for—4

(1) Pierce County to release the existing rever-5

sionary interest of Pierce County in the parcels of6

real property to be conveyed by the United States7

under subsection (a); and8

(2) the United States, in exchange for the re-9

lease, to convey or grant to Pierce County an inter-10

est in the parcel of real property conveyed to the11

United States under subsection (b)(1) that is similar12

in effect (as to that parcel) to the reversionary inter-13

est released by Pierce County under paragraph (1).14

(e) DESCRIPTION OF PROPERTY.—The exact acre-15

ages and legal descriptions of the parcels of real property16

to be conveyed under subsections (a) and (b) shall be de-17

termined by surveys satisfactory to the Secretary. The cost18

of such surveys shall be borne by the Company.19


retary may require any additional terms and conditions21

in connection with the conveyances under this section that22

the Secretary considers appropriate to protect the interest23

of the United States.24

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Subtitle D—Transfer of Jurisdic-1

tion and Establishment of2

Midewin National Tallgrass3

Prairie4


This subtitle may be cited as the ‘‘Illinois Land Con-6

servation Act of 1995’’.7

SEC. 2852. DEFINITIONS.8

As used in this subtitle:9

(1) The term ‘‘Administrator’’ means the Ad-10

ministrator of the Environmental Protection Agency.11

(2) The term ‘‘agricultural purposes’’ means,12

with respect to land, the use of land for row crops,13

pasture, hay, or grazing.14

(3) The term ‘‘Arsenal’’ means the Joliet Army15

Ammunition Plant located in the State of Illinois.16

(4) The term ‘‘Arsenal Land Use Concept’’ re-17

fers to the proposals that were developed and unani-18

mously approved on April 8, 1994, by the Joliet Ar-19

senal Citizen Planning Commission.20

(5) The term ‘‘CERCLA’’ means the Com-21

prehensive Environmental Response, Compensation,22

and Liability Act of 1980 (42 U.S.C. 9601 et seq.).23

(6) The term ‘‘Defense Environmental Restora-24

tion Program’’ means the Defense Environmental25

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•S 1026 PCS

Restoration Program established under section 27011

of title 10, United States Code.2

(7) The term ‘‘environmental law’’ means all3

applicable Federal, State, and local laws, regula-4

tions, and requirements related to the protection of5

human health, natural and cultural resources, or the6

environment, including—7

(A) CERCLA;8

(B) the Solid Waste Disposal Act (429

U.S.C. 6901 et seq.);10

(C) the Federal Water Pollution Control11

Act (commonly known as the ‘‘Clean Water12

Act’’; 33 U.S.C. 1251 et seq.);13

(D) the Clean Air Act (42 U.S.C. 7401 et14

seq.);15

(E) the Federal Insecticide, Fungicide, and16

Rodenticide Act (7 U.S.C. 136 et seq.);17

(F) the Toxic Substances Control Act (1518

U.S.C. 2601 et seq.); and19

(G) title XIV of the Public Health Service20

Act (commonly known as the ‘‘Safe Drinking21

Water Act’’) (42 U.S.C. 300f et seq.).22

(8) The term ‘‘hazardous substance’’ has the23

meaning given the term in section 101(14) of24

CERCLA (42 U.S.C. 9601(14)).25

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•S 1026 PCS

(9) The term ‘‘MNP’’ means the Midewin Na-1

tional Tallgrass Prairie established under section2

2853 and managed as part of the National Forest3

System.4

(10) The term ‘‘national cemetery’’ means a5

cemetery that is part of the National Cemetery Sys-6

tem under chapter 24 of title 38, United States7

Code.8

(11) The term ‘‘person’’ has the meaning given9

the term in section 101(21) of CERCLA (42 U.S.C.10

9601(21)).11

(12) The term ‘‘pollutant or contaminant’’ has12

the meaning given the term in section 101(33) of13

CERCLA (42 U.S.C. 9601(33)).14

(13) The term ‘‘release’’ has the meaning given15

the term in section 101(22) of CERCLA (42 U.S.C.16

9601(22)).17

(14) The term ‘‘response’’ has the meaning18

given the term in section 101(25) of CERCLA (4219

U.S.C. 9601(25)).20

(15) The term ‘‘Secretary’’ means the Secretary21

of Agriculture.22

491

•S 1026 PCS

SEC. 2853. ESTABLISHMENT OF MIDEWIN NATIONAL1

TALLGRASS PRAIRIE.2

(a) ESTABLISHMENT.—On the date of the initial3

transfer of jurisdiction of portions of the Arsenal to the4

Secretary under section 2854(a)(1), the Secretary shall es-5

tablish the MNP described in subsection (b).6

(b) DESCRIPTION.—The MNP shall consist of all por-7

tions of the Arsenal transferred to the Secretary under8

this subtitle.9

(c) ADMINISTRATION.—The Secretary shall manage10

the MNP as a part of the National Forest System in ac-11

cordance with this subtitle and the laws, rules, and regula-12

tions pertaining to the National Forests, except that the13

Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et14

seq.) shall not apply to the MNP.15

(d) LAND ACQUISITION FUNDS.—Notwithstanding16

section 7 of the Land and Water Conservation Fund Act17

of 1965 (16 U.S.C. 460l–9), money appropriated from the18

land and water conservation fund established under sec-19

tion 2 of that Act (16 U.S.C. 460l–5) may be used for20

acquisition of lands and interests in land for inclusion in21

the MNP.22

(e) LAND AND RESOURCE MANAGEMENT PLAN.—23

The Secretary shall develop a land and resource manage-24

ment plan for the MNP, after consulting with the Illinois25

Department of Conservation and local governments adja-26

492

•S 1026 PCS

cent to the MNP and providing an opportunity for public1

comment.2

(f) PRE-PLAN MANAGEMENT.—In order to expedite3

the administration and public use of the MNP, the Sec-4

retary may, prior to the development of a land and re-5

source management plan for the MNP under subsection6

(e), manage the MNP for the purposes described in sub-7

section (g).8

(g) PURPOSES OF MNP.—In establishing the MNP,9

the Secretary shall—10

(1) conserve and enhance populations and habi-11

tats of fish, wildlife, and plants, including popu-12

lations of grassland birds, raptors, passerines, and13

marsh and water birds;14

(2) restore and enhance, where practicable,15

habitats for species listed as threatened or endan-16

gered, or proposed to be listed, under section 4 of17

the Endangered Species Act of 1973 (16 U.S.C.18

1533);19

(3) provide fish- and wildlife-oriented public20

uses at levels compatible with the conservation, en-21

hancement, and restoration of native wildlife and22

plants and the habitats of native wildlife and plants;23

(4) provide opportunities for scientific research;24

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•S 1026 PCS

(5) provide opportunities for environmental and1

land use education;2

(6) manage the land and water resources of the3

MNP in a manner that will conserve and enhance4

the natural diversity of native fish, wildlife, and5

plants;6

(7) conserve and enhance the quality of aquatic7

habitat; and8

(8) provide for public recreation insofar as the9

recreation is compatible with paragraphs (1) through10

(7).11

(h) PROHIBITION AGAINST THE CONSTRUCTION OF12

NEW THROUGH ROADS.—(1) Subject to paragraph (2),13

no new construction of a highway, public road, or part14

of the interstate system, whether Federal, State, or local,15

shall be permitted through or across any portion of the16

MNP.17

(2) This subsection does not preclude—18

(A) construction and maintenance of roads for19

use within the MNP;20

(B) the granting of authorizations for utility21

rights-of-way under applicable Federal, State, or22

local law;23

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•S 1026 PCS

(C) necessary access by the Secretary of the1

Army for purposes of restoration and cleanup as2

provided in this subtitle;3

(D) such other access as is necessary.4

(i) AGRICULTURAL LEASES AND SPECIAL USE AU-5

THORIZATIONS.—(1) If, at the time of transfer of jurisdic-6

tion under section 2854(a), there exists a lease issued by7

the Secretary of the Army, Secretary of Defense, or an8

employee of the Secretary of the Army or the Secretary9

of Defense, for agricultural purposes on the land trans-10

ferred, the Secretary, on the transfer of jurisdiction, shall11

issue a special use authorization. Subject to paragraph12

(3), the terms of the special use authorization shall be13

identical in substance to the lease, including terms pre-14

scribing the expiration date and any payments owed to15

the United States. On issuance of the special use author-16

ization, the lease shall become void.17

(2) The Secretary may issue a special use authoriza-18

tion to a person for use of the MNP for agricultural pur-19

poses. The special use authorization shall require payment20

of a rental fee, in advance, that is based on the fair market21

value of the use allowed. Fair market value shall be deter-22

mined by appraisal or a competitive bidding process. Sub-23

ject to paragraph (3), the special use authorization shall24

495

•S 1026 PCS

include such terms and conditions as the Secretary consid-1

ers appropriate.2

(3) No special use authorization shall be issued under3

this subsection that has a term extending beyond the date4

that is 20 years after the date of enactment of this Act,5

unless the special use authorization is issued primarily for6

purposes related to—7

(A) erosion control;8

(B) provision for food and habitat for fish and9

wildlife; or10

(C) resource management activities consistent11

with the purposes of the MNP.12

(j) TREATMENT OF RENTAL FEES.—Funds received13

under a special use authorization issued under subsection14

(i) shall be subject to distribution to the State of Illinois15

and affected counties in accordance with the Act of May16

23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) and17

section 13 of the Act of March 1, 1911 (36 Stat. 963,18

chapter 186; 16 U.S.C. 500). All funds not distributed19

under such Acts shall be credited to an MNP Rental Fee20

Account, to be maintained by the Secretary of the Treas-21

ury. Amounts in the Account shall remain available until22

expended, without fiscal year limitation. The Secretary23

may use funds in the Account to carry out prairie-im-24

provement work. Any funds in the account that the Sec-25

496

•S 1026 PCS

retary determines to be in excess of the cost of doing prai-1

rie-improvement work shall be transferred, on the deter-2

mination, to miscellaneous receipts, Forest Service Fund,3

as a National Forest receipt for the fiscal year in which4

the transfer is made.5

(k) USER FEES.—The Secretary may charge reason-6

able fees for the admission, occupancy, and use of the7

MNP and may prescribe a fee schedule providing for a8

reduction or a waiver of fees for a person engaged in an9

activity authorized by the Secretary, including volunteer10

services, research, or education. The Secretary shall per-11

mit admission, occupancy, and use of the MNP at no12

charge for a person possessing a valid Golden Eagle Pass-13

port or Golden Age Passport.14

(l) SALVAGE OF IMPROVEMENTS.—The Secretary15

may sell for salvage value any facility or improvement that16

is transferred to the Secretary under this subtitle.17

(m) TREATMENT OF USER FEES AND SALVAGE RE-18

CEIPTS.—Funds collected under subsections (k) and (l)19

shall be credited to a Midewin National Tallgrass Prairie20

Restoration Fund, to be maintained by the Secretary of21

the Treasury. Amounts in the Fund shall remain available,22

subject to appropriation, without fiscal year limitation.23

The Secretary may use amounts in the Fund for restora-24

tion and administration of the MNP, including construc-25

497

•S 1026 PCS

tion of a visitor and education center, restoration of1

ecosystems, construction of recreational facilities (such as2

trails), construction of administrative offices, and oper-3

ation and maintenance of the MNP.4

(n) COOPERATION WITH STATES, LOCAL GOVERN-5

MENTS, AND OTHER ENTITIES.—In the management of6

the MNP, the Secretary shall, to the extent practicable,7

cooperate with affected appropriate Federal, State, and8

local governmental agencies, private organizations, and9

corporations. The cooperation may include entering a co-10

operative agreement or exercising authority under the Co-11

operative Forestry Assistance Act of 1978 (16 U.S.C.12

2101 et seq.) or the Forest and Rangeland Renewable Re-13

sources Research Act of 1978 (16 U.S.C. 1641 et seq.).14

The purpose of the cooperation may include public edu-15

cation, land and resource protection, or cooperative man-16

agement among government, corporate, and private land-17

owners in a manner that is consistent with this subtitle.18

SEC. 2854. TRANSFER OF MANAGEMENT RESPONSIBILITIES19

AND JURISDICTION OVER ARSENAL.20

(a) PHASED TRANSFER OF JURISDICTION.—(1) Not21

later than 180 days after the date of the enactment of22

this Act, the Secretary of the Army may transfer to the23

Secretary of Agriculture those portions of the Arsenal24

property identified for transfer to the Secretary of Agri-25

498

•S 1026 PCS

culture under subsection (c), and may transfer to the Sec-1

retary of Veterans Affairs those portions identified for2

transfer to the Secretary of Veterans Affairs under section3

2855(a). In the case of the Arsenal property to be trans-4

ferred to the Secretary of Agriculture, the Secretary of5

the Army shall transfer to the Secretary of Agriculture6

only those portions for which the Secretary of the Army7

and the Administrator concur in finding that no further8

action is required under any environmental law and that9

have been eliminated from the areas to be further studied10

pursuant to the Defense Environmental Restoration Pro-11

gram for the Arsenal. Not later than 120 days after the12

date of the enactment of this Act, the Secretary of the13

Army and the Administrator shall provide to the Sec-14

retary—15

(A) all documentation that exists on the date16

the documentation is provided that supports the17

finding; and18

(B) all information that exists on the date the19

information is provided that relates to the environ-20

mental conditions of the portions of the Arsenal to21

be transferred to the Secretary under this para-22

graph.23

(2)(A) The Secretary of the Army may transfer to24

the Secretary of Agriculture any portion of the property25

499

•S 1026 PCS

generally identified in subsection (c) and not transferred1

pursuant to paragraph (1) when the Secretary of the2

Army and the Administrator concur in finding that no fur-3

ther action is required at that portion of property under4

any environmental law and that the portion has been5

eliminated from the areas to be further studied pursuant6

to the Defense Environmental Restoration Program for7

the Arsenal.8

(B) Not later than 60 days before a transfer under9

this paragraph, the Secretary of the Army and the Admin-10

istrator shall provide to the Secretary—11

(i) all documentation that exists on the date the12

documentation is provided that supports the finding;13

and14

(ii) all information that exists on the date the15

information is provided that relates to the environ-16

mental conditions of the portions of the Arsenal to17

be transferred to the Secretary under this para-18

graph.19

(C) Transfer of jurisdiction under this paragraph20

may be accomplished on a parcel-by-parcel basis.21

(b) TRANSFER WITHOUT REIMBURSEMENT.—The22

Secretary of the Army may transfer the area constituting23

the MNP to the Secretary without reimbursement.24

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•S 1026 PCS

(c) IDENTIFICATION OF PORTIONS FOR TRANSFER1

FOR MNP.—The lands to be transferred to the Secretary2

under subsection (a) shall be identified in an agreement3

between the Secretary of the Army and the Secretary. All4

the real property and improvements comprising the Arse-5

nal, except for lands and facilities described in subsection6

(g) or designated for transfer or disposal to parties other7

than the Secretary under section 2855, shall be trans-8

ferred to the Secretary.9

(d) SECURITY MEASURES.—The Secretary, the Sec-10

retary of the Army, and the Secretary of Veterans Affairs,11

shall each provide and maintain physical and other secu-12

rity measures on such portion of the Arsenal as is under13

the administrative jurisdiction of the respective Secretary.14

The security measures (which may include fences and nat-15

ural barriers) shall include measures to prevent members16

of the public from gaining unauthorized access to such17

portions of the Arsenal as are under the administrative18

jurisdiction of each respective Secretary and that may en-19

danger health or safety.20

(e) COOPERATIVE AGREEMENTS.—The Secretary,21

the Secretary of the Army, and the Administrator individ-22

ually and collectively may enter into a cooperative agree-23

ment or a memoranda of understanding among each other,24

with another affected Federal agency, State or local gov-25

501

•S 1026 PCS

ernment, private organization, or corporation to carry out1

the purposes described in section 2853(g).2

(f) INTERIM ACTIVITIES OF THE SECRETARY.—Prior3

to transfer and subject to such reasonable terms and con-4

ditions as the Secretary of the Army may prescribe, the5

Secretary may enter on the Arsenal property for purposes6

related to planning, resource inventory, fish and wildlife7

habitat manipulation (which may include prescribed burn-8

ing), and other such activities consistent with the purposes9

for which the MNP is established.10

(g) PROPERTY USED FOR ENVIRONMENTAL CLEAN-11

UP.—(1) The Secretary of the Army shall retain jurisdic-12

tion, authority, and control over real property at the Arse-13

nal that is used for—14

(A) water treatment;15

(B) the treatment, storage, or disposal of a haz-16

ardous substance, pollutant or contaminant, hazard-17

ous material, or petroleum product or a derivative of18

the product;19

(C) purposes related to a response at the Arse-20

nal; and21

(D) actions required at the Arsenal under an22

environmental law to remediate contamination or23

conditions of noncompliance with an environmental24

law.25

502

•S 1026 PCS

(2) In the case of a conflict between management of1

the property by the Secretary and a response or other ac-2

tion required under an environmental law, or necessary3

to remediate a petroleum product or a derivative of the4

product, the response or other action shall take priority.5

(3)(A) All costs of necessary surveys for the transfer6

of jurisdiction of a property to a Federal agency under7

this subtitle shall be borne by the agency to which the8

property is transferred.9

(B) The Secretary of the Army shall bear the costs10

of any surveys necessary for the transfer of land to a non-11

Federal agency under section 2855.12

SEC. 2855. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY13

LANDFILL, AND A NATIONAL VETERANS CEM-14

ETERY AND TO THE ADMINISTRATOR OF15

GENERAL SERVICES.16

(a) NATIONAL VETERANS CEMETERY.—The Sec-17

retary of the Army may convey to the Department of Vet-18

erans Affairs, without compensation, an area of real prop-19

erty to be used for a national cemetery, as authorized20

under section 2337 of the Military Construction Author-21

ization Act, 1988 and 1989 (division B of Public Law22

100–180; 101 Stat. 1225), consisting of approximately23

910 acres, the approximate legal description of which in-24

cludes part of sections 30 and 31 Jackson Township, T.25

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•S 1026 PCS

34 N. R. 10 E., and including part of sections 25 and1

36 Channahon Township, T. 34 N. R. 9 E., Will County,2

Illinois, as depicted on the Arsenal Land Use Concept.3

(b) COUNTY OF WILL LANDFILL.—(1) Subject to4

paragraphs (2) through (6), the Secretary of the Army5

may convey an area of real property to Will County, Illi-6

nois, without compensation, to be used for a landfill by7

the County, consisting of approximately 425 acres of the8

Arsenal, the approximate legal description of which in-9

cludes part of sections 8 and 17, Florence Township, T.10

33 N. R. 10 E., Will County, Illinois, as depicted in the11

Arsenal Land Use Concept.12

(2) Additional acreage shall be added to the landfill13

described in paragraph (1) as is necessary to reasonably14

accommodate needs for the disposal of refuse and other15

materials from the restoration and cleanup of the Arsenal16

property.17

(3) Use of the landfill described in paragraph (1) or18

additional acreage under paragraph (2) by any agency of19

the Federal Government shall be at no cost to the Federal20

Government.21

(4) The Secretary of the Army may require such ad-22

ditional terms and conditions in connection with a convey-23

ance under this subsection as the Secretary of the Army24

504

•S 1026 PCS

considers appropriate to protect the interests of the Unit-1

ed States.2

(5) Any conveyance of real property under this sub-3

section shall contain a reversionary interest that provides4

that the property shall revert to the Secretary of Agri-5

culture for inclusion in the MNP if the property is not6

operated as a landfill.7

(6) Liability for environmental conditions at or relat-8

ed to the landfill described in paragraph (1) resulting from9

activities occurring at the landfill after the date of enact-10

ment of this Act and before a revision under paragraph11

(5) shall be borne by Will County.12

(c) VILLAGE OF ELWOOD INDUSTRIAL PARK.—The13

Secretary of the Army may convey an area of real property14

to the Village of Elwood, Illinois, to be used for an indus-15

trial park, consisting of approximately 1,900 acres of the16


cludes part of section 30, Jackson Township, T. 34 N.18

R. 10 E., and sections or part of sections 24, 25, 26, 35,19

and 36 Channahon Township, T. 34 N. R. 9 E., Will20

County, Illinois, as depicted on the Arsenal Land Use21

Concept. The conveyance shall be at fair market value,22

as determined in accordance with Federal appraisal stand-23

ards and procedures. Any funds received by the Village24

of Elwood from the sale or other transfer of the property,25

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•S 1026 PCS

or portions of the property, less any costs expended for1

improvements on the property, shall be remitted to the2

Secretary of the Army.3

(d) CITY OF WILMINGTON INDUSTRIAL PARK.—The4

Secretary of the Army may convey an area of real property5

to the City of Wilmington, Illinois, to be used for an indus-6

trial park, consisting of approximately 1,100 acres of the7


cludes part of sections 16, 17, and 18 Florence Township,9

T. 33 N. R. 10 E., Will County, Illinois, as depicted on10

the Arsenal Land Use Concept. The conveyance shall be11

at fair market value, as determined in accordance with12

Federal appraisal standards and procedures. Any funds13

received by the City of Wilmington from the sale or other14

transfer of the property, or portions of the property, less15

any costs expended for improvements on the property,16

shall be remitted to the Secretary of the Army.17

(e) OPTIONAL ADDITIONAL AREAS.—(1) Not later18

than 180 days after the construction and installation of19

any remedial design approved by the Administrator and20

required for any lands described in paragraph (2), the Ad-21

ministrator shall provide to the Secretary all information22

existing on the date the information is provided regarding23

the implementation of the remedy, including information24

regarding the effectiveness of the remedy. Not later than25

506

•S 1026 PCS

180 days after the Administrator provides the information1

to the Secretary, the Secretary of the Army shall offer2

the Secretary the option of accepting a conveyance of the3

areas described in paragraph (2), without reimbursement,4

to be added to the MNP subject to the terms and condi-5

tions, including the limitations on liability, contained in6

this subtitle. If the Secretary declines the offer, the prop-7

erty may be disposed of as the Secretary of the Army8

would ordinarily dispose of the property under applicable9

provisions of law. The conveyance of property under this10

paragraph may be accomplished on a parcel-by-parcel11

basis.12

(2)(A) The areas on the Arsenal Land Use Concept13

that may be conveyed under paragraph (1) are—14

(i) manufacturing area, study area 1, southern15

ash pile;16

(ii) study area 2, explosive burning ground;17

(iii) study area 3, flashing-grounds;18

(iv) study area 4, lead azide area;19

(v) study area 10, toluene tank farms;20

(vi) study area 11, landfill;21

(vii) study area 12, sellite manufacturing area;22

(viii) study area 14, former pond area;23

(ix) study area 15, sewage treatment plant;24

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•S 1026 PCS

(x) study area L1, load assemble packing area,1

group 61;2

(xi) study area L2, explosive burning ground;3

(xii) study area L3, demolition area;4

(xiii) study area L4, landfill area;5

(xiv) study area L5, salvage yard;6

(xv) study area L7, group 1;7

(xvi) study area L8, group 2;8

(xvii) study area L9, group 3;9

(xviii) study area L10, group 3A;10

(xix) study area L12, Doyle Lake;11

(xx) study area L14, group 4;12

(xxi) study area L15, group 5;13

(xxii) study area L18, group 8;14

(xxiii) study area L19, group 9;15

(xxiv) study area L20, group 20;16

(xxv) study area L22, group 25;17

(xxvi) study area L23, group 27;18

(xxvii) study area L25, group 62;19

(xxviii) study area L31, extraction pits;20

(xxix) study area L33, PVC area;21

(xxx) study area L34, former burning area; and22

(xxxi) study area L35, fill area.23

(B) The areas referred to in subparagraph (A) shall24

include all associated inventoried buildings and structures25

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•S 1026 PCS

as identified in the Joliet Army Ammunition Plant1

Plantwide Building and Structures Report and the con-2

taminate study sites for both the manufacturing and load3

assembly and packing sides of the Joliet Arsenal as shown4

in the Dames and Moore Final Report, Phase 2 Remedial5

Investigation Manufacturing (MFG) Area Joliet Army6

Ammunition Plant Joliet, Illinois (May 30, 1993. Contract7

No. DAAA15-90-D-0015 task order No. 6 prepared for:8

United States Army Environmental Center).9

(C) Notwithstanding subparagraphs (A) and (B), the10

landfill and national cemetery described in paragraphs (3)11

and (4) shall not be subject to paragraph (1).12

SEC. 2856. CONTINUATION OF RESPONSIBILITY AND LI-13

ABILITY OF THE SECRETARY OF THE ARMY14

FOR ENVIRONMENTAL CLEANUP.15

(a) RESPONSIBILITY.—The Secretary of the Army16

shall retain the responsibility to complete any remedial,17

response, or other restoration actions required under any18

environmental law in order to carry out a transfer of prop-19

erty under section 2854 before carrying out the transfer20

of the property under that section.21

(b) LIABILITY FOR ARSENAL.—(1) The Secretary of22

the Army shall retain any obligation or other liability at23

the Arsenal that the Secretary had under CERCLA and24

other environmental laws. Following transfer of a portion25

509

•S 1026 PCS

of the Arsenal under this subtitle, the Secretary of the1

Army shall be accorded any easement or access to the2

property that may be reasonably required to carry out the3

obligation or satisfy the liability.4

(2) The Secretary of Agriculture shall not be respon-5

sible for the cost of any remedial, response, or other res-6

toration action required under any environmental law for7

a matter that is related directly or indirectly to an activity8

of the Secretary of the Army, or a party acting under the9

authority of the Secretary of the Army, in connection with10

the Defense Environmental Restoration Program, at or re-11

lated to the Arsenal, including—12

(A) the costs or performance of responses re-13

quired under CERCLA;14

(B) the costs, penalties, or fines related to non-15

compliance with an environmental law at or related16

to the Arsenal or related to the presence, release, or17

threat of release of a, hazardous substance, pollutant18

or contaminant, hazardous waste, or hazardous ma-19

terial of any kind at or related to the Arsenal, in-20

cluding contamination resulting from migration of a21

hazardous substance, pollutant or contaminant, a22

hazardous material, or a petroleum product or a de-23

rivative of the product disposed during an activity of24

the Secretary of the Army; and25

510

•S 1026 PCS

(C) the costs of an action necessary to remedy1

noncompliance or another problem specified in sub-2

paragraph (B).3

(c) PAYMENT OF RESPONSE COSTS.—A Federal4

agency that had or has operations at the Arsenal resulting5

in the release or threatened release of a hazardous sub-6

stance or pollutant or contaminant shall pay the cost of7

a related response and shall pay the costs of a related ac-8

tion to remediate petroleum products or the derivatives of9

the products, including motor oil and aviation fuel.10

(d) CONSULTATION.—The Secretary shall consult11

with the Secretary of the Army with respect to the man-12

agement by the Secretary of real property included in the13

MNP subject to a response or other action at the Arsenal14

being carried out by or under the authority of the Sec-15

retary of the Army under any environmental law. The Sec-16

retary shall consult with the Secretary of the Army prior17

to undertaking an activity on the MNP that may disturb18

the property to ensure that the activity shall not exacer-19

bate contamination problems or interfere with perform-20

ance by the Secretary of the Army of a response at the21

property.22

511

•S 1026 PCS

SEC. 2857. DEGREE OF ENVIRONMENTAL CLEANUP.1

(a) IN GENERAL.—Nothing in this subtitle shall re-2

strict or lessen the degree of cleanup at the Arsenal re-3

quired to be carried out under any environmental law.4

(b) RESPONSE.—The establishment of the MNP shall5

not restrict or lessen in any way a response or degree of6

cleanup required under CERCLA or other environmental7

law, or a response required under any environmental law8

to remediate petroleum products or the derivatives of the9

products, including motor oil and aviation fuel, required10

to be carried out by the Secretary of the Army at the Arse-11

nal or surrounding areas.12

(c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any13

contract for sale, deed, or other transfer of real property14

under section 2855 shall be carried out in compliance with15

section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and16

other environmental laws.17


SEC. 2861. DEPARTMENT OF DEFENSE LABORATORY REVI-19

TALIZATION DEMONSTRATION PROGRAM.20

(a) PROGRAM REQUIRED.—The Secretary of Defense21

shall carry out a program for the revitalization of Depart-22

ment of Defense laboratories to be known as the ‘‘Depart-23

ment of Defense Laboratory Revitalization Demonstration24

Program’’. Under the program the Secretary may carry25

out minor military construction projects in accordance26

512

•S 1026 PCS

with subsection (b) and other applicable law to improve1

Department of Defense laboratories covered by the pro-2

gram.3

(b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO4

MINOR CONSTRUCTION PROJECTS.—For purpose of any5

military construction project carried out under the pro-6

gram—7

(1) the amount provided in the second sentence8

of subsection (a)(1) of section 2805 of title 10, Unit-9

ed States Code (as amended by section 2801 of this10

Act), shall be deemed to be $3,000,000;11

(2) the amount provided in subsection (b)(1) of12

such section shall be deemed to be $1,500,000; and13

(3) the amount provided in subsection (c)(1)(B)14

of such section, as so amended, shall be deemed to15

be $1,000,000.16

(c) PROGRAM REQUIREMENTS.—(1) Not later than17

30 days before commencing the program, the Secretary18

shall—19

(A) designate the Department of Defense lab-20

oratories at which construction may be carried out21

under the program; and22

(B) establish procedures for the review and ap-23

proval of requests from such laboratories to carry24

out such construction.25

513

•S 1026 PCS

(2) The laboratories designated under paragraph1

(1)(A) may not include Department of Defense labora-2

tories that are contractor owned.3

(3) The Secretary shall notify Congress of the labora-4

tories designated under paragraph (1)(A).5

(d) REPORT.—Not later than September 30, 1998,6

the Secretary shall submit to Congress a report on the7

program. The report shall include the Secretary’s conclu-8

sions and recommendations regarding the desirability of9

extending the authority set forth in subsection (b) to cover10

all Department of Defense laboratories.11

(e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec-12

tion may be construed to limit any other authority pro-13

vided by law for any military construction project at a De-14

partment of Defense laboratory covered by the program.15

(f) DEFINITIONS.—In this section:16

(1) The term ‘‘laboratory’’ includes—17

(A) a research, engineering, and develop-18

ment center;19

(B) a test and evaluation activity owned,20

funded, and operated by the Federal Govern-21

ment through the Department of Defense; and22

(C) a supporting facility of a laboratory.23

(2) The term ‘‘supporting facility’’, with respect24

to a laboratory, means any building or structure25

514

•S 1026 PCS

that is used in support of research, development,1

test, and evaluation at the laboratory.2

(g) EXPIRATION OF AUTHORITY.—The Secretary3

may not commence a construction project under the pro-4

gram after September 30, 1999.5

SEC. 2862. PROHIBITION ON JOINT CIVIL AVIATION USE OF6

MIRAMAR NAVAL AIR STATION, CALIFORNIA.7

The Secretary of the Navy may not enter into any8

agreement that provides for or permits civil aircraft to use9

regularly Miramar Naval Air Station, California.10

SEC. 2863. REPORT ON AGREEMENT RELATING TO CONVEY-11

ANCE OF LAND, FORT BELVOIR, VIRGINIA.12

Not later than 60 days after the date of the enact-13

ment of this Act, the Secretary of the Army shall submit14

to the Committee on Armed Services of the Senate and15

the Committee on National Security of the House of Rep-16

resentatives a report on the status of negotiations for the17

agreement required under subsection (b) of section 282118

of the Military Construction Authorization Act for Fiscal19

Years 1990 and 1991 (division B of Public Law 101–189;20

103 Stat. 1658) in connection with the land conveyance21

authorized under subsection (a) of that section. The report22

shall assess the likelihood that the negotiations will lead23

to an agreement and describe the alternative uses, if any,24

515

•S 1026 PCS

for the land referred to in such subsection (a) that have1

been identified by the Secretary.2

DIVISION C—DEPARTMENT OF3

ENERGY NATIONAL SECURITY4

AUTHORIZATIONS AND5

OTHER AUTHORIZATIONS6

TITLE XXXI—DEPARTMENT OF7

ENERGY NATIONAL SECURITY8

PROGRAMS9

Subtitle A—National Security10

Programs Authorizations11

SEC. 3101. WEAPONS ACTIVITIES.12

(a) STOCKPILE STEWARDSHIP.—Subject to sub-13

section (d), funds are hereby authorized to be appro-14

priated to the Department of Energy for fiscal year 199615

for stockpile stewardship in carrying out weapons activi-16

ties necessary for national security programs in the17

amount of $1,384,675,000, to be allocated as follows:18

(1) For core stockpile stewardship,19

$1,147,208,000, to be allocated as follows:20

(A) For operation and maintenance,21

$1,065,903,000.22

(B) For plant projects (including mainte-23

nance, restoration, planning, construction, ac-24

quisition, modification of facilities, and the con-25

516

•S 1026 PCS

tinuation of projects authorized in prior years,1

and land acquisition related thereto),2

$81,305,000, to be allocated as follows: Project3

96–D–102, stockpile stewardship facilities revi-4

talization, Phase VI, various locations,5

$2,520,000.6

Project 96–D–103, Atlas, Los Alamos7

National Laboratory, Los Alamos, New8

Mexico, $8,400,000.9

Project 96–D–104, processing and en-10

vironmental technology laboratory11

(PETL), Sandia National Laboratories,12

Albuquerque, New Mexico, $1,800,000.13

Project 96–D–105, contained firing14

facility addition, Lawrence Livermore Na-15

tional Laboratory, Livermore, California,16

$6,600,000.17

Project 95–D–102, Chemical and18

Metallurgy Research Building upgrades,19

Los Alamos National Laboratory, New20

Mexico, $9,940,000.21

Project 94–D–102, nuclear weapons22

research, development, and testing facili-23

ties revitalization, Phase V, various loca-24

tions, $12,200,000.25

517

•S 1026 PCS

Project 93–D–102, Nevada support1

facility, North Las Vegas, Nevada,2

$15,650,000.3



ties revitalization, Phase III, various loca-6

tions, $6,200,000.7



ties revitalization, Phase II, various loca-10

tions, $17,995,000.11

(2) For inertial fusion, $230,667,000, to be al-12

located as follows:13

(A) For operation and maintenance,14

$193,267,000.15

(B) For the following plant project (includ-16

ing maintenance, restoration, planning, con-17

struction, acquisition, modification of facilities,18


$37,400,000:20

Project 96–D–111, national ignition21

facility, location to be determined.22

(3) For Marshall Islands activities and Nevada23

Test Site dose reconstruction, $6,800,000.24

518

•S 1026 PCS

(b) STOCKPILE MANAGEMENT.—Subject to sub-1

section (d), funds are hereby authorized to be appro-2


for stockpile management in carrying out weapons activi-4

ties necessary for national security programs in the5

amount of $2,250,483,000, to be allocated as follows:6

(1) For operation and maintenance,7

$2,111,858,000.8

(2) For plant projects (including maintenance,9

restoration, planning, construction, acquisition,10

modification of facilities, and the continuation of11

projects authorized in prior years, and land acquisi-12

tion related thereto), $138,625,000, to be allocated13

as follows:14

Project GPD–121, general plant projects,15

various locations, $10,000,000.16

Project 96–D–122, sewage treatment qual-17

ity upgrade (STQU), Pantex Plant, Amarillo,18

Texas, $600,000.19

Project 96–D–123, retrofit heating, ven-20

tilation, and air conditioning and chillers for21

ozone protection, Y–12 Plant, Oak Ridge, Ten-22

nessee, $3,100,000.23

519

•S 1026 PCS

Project 96–D–125, Washington measure-1

ments operations facility, Andrews Air Force2

Base, Camp Springs, Maryland, $900,000.3

Project 96–D–126, tritium loading line4

modifications, Savannah River Site, South5

Carolina, $12,200,000.6

Project 96–D–127, pit refabrication and7

certification facility, Savannah River Site,8

South Carolina, $15,000,000.9

Project 95–D–122, sanitary sewer up-10

grade, Y–12 Plant, Oak Ridge, Tennessee,11

$6,300,000.12

Project 94–D–124, hydrogen fluoride sup-13

ply system, Y–12 Plant, Oak Ridge, Tennessee,14

$8,700,000.15

Project 94–D–125, upgrade life safety,16

Kansas City Plant, Kansas City, Missouri,17

$5,500,000.18

Project 94–D–127, emergency notification19

system, Pantex Plant, Amarillo, Texas,20

$2,000,000.21

Project 94–D–128, environmental safety22

and health analytical laboratory, Pantex Plant,23

Amarillo, Texas, $4,000,000.24

520

•S 1026 PCS

Project 93–D–122, life safety upgrades,1

Y–12 Plant, Oak Ridge, Tennessee,2

$7,200,000.3

Project 93–D–123, complex-21, various lo-4

cations, $41,065,000.5

Project 88–D–122, facilities capability as-6

surance program, various locations, $8,660,000.7

Project 88–D–123, security enhancements,8

Pantex Plant, Amarillo, Texas, $13,400,000.9

(c) PROGRAM DIRECTION.—Subject to subsection10

(d), funds are hereby authorized to be appropriated to the11

Department of Energy for fiscal year 1996 for program12

direction in carrying out weapons activities necessary for13

national security programs in the amount of14

$118,000,000.15

(d) ADJUSTMENTS.—The total amount authorized to16

be appropriated pursuant to this section is the sum of the17

amounts authorized to be appropriated in subsections (a)18

through (c) reduced by the sum of—19

(1) $25,000,000, for savings resulting from20

procurement reform; and21

(2) $86,344,000, for use of prior year balances.22

521

•S 1026 PCS

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE1

MANAGEMENT.2

(a) CORRECTIVE ACTIVITIES.—Subject to subsection3

(i), funds are hereby authorized to be appropriated to the4

Department of Energy for fiscal year 1996 for corrective5

activities in carrying out environmental restoration and6

waste management activities necessary for national secu-7

rity programs in the amount of $3,406,000, all of which8

shall be available for the following plant project (including9

maintenance, restoration, planning, construction, acquisi-10

tion, modification of facilities, and land acquisition related11

thereto):12

Project 90–D–103, environment, safety and13

health improvements, weapons research and develop-14

ment complex, Los Alamos National Laboratory,15

Los Alamos, New Mexico.16

(b) ENVIRONMENTAL RESTORATION.—Subject to17

subsection (i), funds are hereby authorized to be appro-18


for environmental restoration for operating expenses in20

carrying out environmental restoration and waste manage-21

ment activities necessary for national security programs22

in the amount of $1,575,973,000.23

(c) WASTE MANAGEMENT.—Subject to subsection (i),24

funds are hereby authorized to be appropriated to the De-25

partment of Energy for fiscal year 1996 for waste man-26

522

•S 1026 PCS

agement in carrying out environmental restoration and1


rity programs in the amount of $2,401,596,000, to be allo-3

cated as follows:4


$2,181,226,000.6






as follows:12



Project 96–D–400, replace industrial waste15

piping, Kansas City Plant, Kansas City, Mis-16

souri, $200,000.17

Project 96–D–401, comprehensive treat-18

ment and management plan immobilization of19

miscellaneous wastes, Rocky Flats Environ-20

mental Technology Site, Golden, Colorado,21

$1,400,000.22

Project 96–D–402, comprehensive treat-23

ment and management plan building 374/77424

sludge immobilization, Rocky Flats Environ-25

523

•S 1026 PCS

mental Technology Site, Golden, Colorado,1

$1,500,000.2

Project 96–D–403, tank farm service up-3

grades, Savannah River, South Carolina,4

$3,315,000.5

Project 96–D–405, T-plant secondary con-6

tainment and leak detection upgrades, Rich-7

land, Washington, $2,100,000.8

Project 96–D–406, K-Basin operations9

program, Richland, Washington, $26,000,000.10

Project 96–D–409, advanced mixed waste11

treatment facility, Idaho National Engineering12

Laboratory, Idaho, $5,000,000.13

Project 96–D–410, specific manufacturing14

characterization facility assessment and up-15

grade, Idaho National Engineering Laboratory,16

Idaho, $2,000,000.17

Project 95–D–402, install permanent elec-18

trical service, Waste Isolation Pilot Plant, New19

Mexico, $4,314,000.20

Project 95–D–405, industrial landfill V21

and construction/demolition landfill VII, Y–1222

Plant, Oak Ridge, Tennessee, $4,600,000.23

524

•S 1026 PCS

Project 95–D–406, road 5–01 reconstruc-1

tion, area 5, Nevada Test Site, Nevada,2

$1,023,000.3

Project 94–D–400, high explosive4

wastewater treatment system, Los Alamos Na-5

tional Laboratory, Los Alamos, New Mexico,6

$4,445,000.7

Project 94–D–402, liquid waste treatment8

system, Nevada Test Site, Nevada, $282,000.9

Project 94–D–404, Melton Valley storage10

tanks capacity increase, Oak Ridge National11

Laboratory, Oak Ridge, Tennessee,12

$11,000,000.13

Project 94–D–407, initial tank retrieval14

systems, Richland, Washington, $9,400,000.15

Project 94–D–411, solid waste operations16

complex project, Richland, Washington,17

$5,500,000.18

Project 94–D–417, intermediate-level and19

low-activity waste vaults, Savannah River,20


Project 93–D–178, building 374 liquid22

waste treatment facility, Rocky Flats Plant,23

Golden, Colorado, $3,900,000.24

525

•S 1026 PCS

Project 93–D–182, replacement of cross-1

site transfer system, Richland, Washington,2

$19,795,000.3

Project 93–D–183, multi-tank waste stor-4

age facility, Richland, Washington,5

$31,000,000.6

Project 93–D–187, high-level waste re-7

moval from filled waste tanks, Savannah River,8


Project 92–D–171, mixed waste receiving10

and storage facility, Los Alamos National Lab-11

oratory, Los Alamos, New Mexico, $1,105,000.12

Project 92–D–188, waste management en-13

vironmental, safety and health (ES&H) and14

compliance activities, various locations,15

$1,100,000.16

Project 90–D–172, aging waste transfer17

lines, Richland, Washington, $2,000,000.18

Project 90–D–177, RWMC transuranic19

(TRU) waste characterization and storage facil-20

ity, Idaho National Engineering Laboratory,21

Idaho, $1,428,000.22

Project 90–D–178, TSA retrieval contain-23

ment building, Idaho National Engineering24


526

•S 1026 PCS

Project 89–D–173, tank farm ventilation1

upgrade, Richland, Washington, $800,000.2

Project 89–D–174, replacement high-level3

waste evaporator, Savannah River, South Caro-4

lina, $11,500,000.5

Project 86–D–103, decontamination and6

waste treatment facility, Lawrence Livermore7

National Laboratory, California, $8,885,000.8

Project 83–D–148, nonradioactive hazard-9

ous waste management, Savannah River, South10

Carolina, $1,000,000.11

(d) TECHNOLOGY DEVELOPMENT.—Subject to sub-12

section (i), funds are hereby authorized to be appropriated13

to the Department of Energy for fiscal year 1996 for tech-14

nology development in carrying out environmental restora-15

tion and waste management activities necessary for na-16

tional security programs in the amount of $490,510,000.17

(e) TRANSPORTATION MANAGEMENT.—Subject to18

subsection (i), funds are hereby authorized to be appro-19


for transportation management in carrying out environ-21

mental restoration and waste management activities nec-22

essary for national security programs in the amount of23

$16,158,000.24

527

•S 1026 PCS

(f) NUCLEAR MATERIALS AND FACILITIES STA-1

BILIZATION.—Subject to subsection (i), funds are hereby2

authorized to be appropriated to the Department of En-3

ergy for fiscal year 1996 for nuclear materials and facili-4

ties stabilization in carrying out environmental restoration5

and waste management activities necessary for national6

security programs in the amount of $1,596,028,000, to7

be allocated as follows:8


$1,463,384,000.10






as follows:16



Project 96–D–458, site drainage control,19

Mound Plant, Miamisburg, Ohio, $885,000.20

Project 96–D–461, electrical distribution21

upgrade, Idaho National Engineering Labora-22

tory, Idaho, $1,539,000.23

528

•S 1026 PCS

Project 96–D–462, health physics instru-1

ment laboratory, Idaho National Engineering2


Project 96–D–463, central facilities craft4

shop, Idaho National Engineering Laboratory,5

Idaho, $724,000.6

Project 96–D–464, electrical and utility7

systems upgrade, Idaho Chemical Processing8

Plant, Idaho National Engineering Laboratory,9

Idaho, $4,952,000.10

Project 96–D–465, 200 area sanitary11

sewer system, Richland, Washington,12

$1,800,000.13

Project 96–D–470, environmental monitor-14

ing laboratory, Savannah River Site, Aiken,15


Project 96–D–471, chlorofluorocarbon17

heating, ventilation, and air conditioning and18

chiller retrofit, Savannah River Site, Aiken,19


Project 96–D–472, plant engineering and21

design, Savannah River Site, Aiken, South22

Carolina, $4,000,000.23

529

•S 1026 PCS

Project 96–D–473, health physics site sup-1

port facility, Savannah River Site, Aiken, South2

Carolina, $2,000,000.3

Project 96–D–474, dry fuel storage facil-4

ity, Idaho National Engineering Laboratory,5

Idaho, $15,000,000.6

Project 96–D–475, high level waste volume7

reduction demonstration (pentaborane), Idaho8

National Engineering Laboratory, Idaho,9

$5,000,000.10

Project 95–D–155, upgrade site road in-11

frastructure, Savannah River, South Carolina,12

$2,900,000.13

Project 95–D–156, radio trunking system,14

Savannah River, South Carolina, $10,000,000.15

Project 95–D–454, 324 facility compliance/16

renovation, Richland, Washington, $3,500,000.17

Project 95–D–456, security facilities up-18

grade, Idaho Chemical Processing Plant, Idaho19


$8,382,000.21

Project 94–D–122, underground storage22

tanks, Rocky Flats, Golden, Colorado,23

$5,000,000.24

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•S 1026 PCS

Project 94–D–401, emergency response fa-1

cility, Idaho National Engineering Laboratory,2

Idaho, $5,074,000.3

Project 94–D–412, 300 area process sewer4

piping system upgrade, Richland, Washington,5

$1,000,000.6

Project 94–D–415, medical facilities, Idaho7


$3,601,000.9

Project 94–D–451, infrastructure replace-10

ment, Rocky Flats Plant, Golden, Colorado,11

$2,940,000.12

Project 93–D–147, domestic water system13

upgrade, Phase I and II, Savannah River,14


Project 93–D–172, electrical upgrade,16

Idaho National Engineering Laboratory, Idaho,17

$124,000.18

Project 92–D–123, plant fire/security19

alarms system replacement, Rocky Flats Plant,20


Project 92–D–125, master safeguards and22

security agreement/materials surveillance task23

force security upgrades, Rocky Flats Plant,24


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Project 92–D–181, fire and life safety im-1

provements, Idaho National Engineering Lab-2

oratory, Idaho, $6,883,000.3

Project 91–D–127, criticality alarm and4

production annunciation utility replacement,5

Rocky Flats Plant, Golden, Colorado,6

$2,800,000.7

(g) COMPLIANCE AND PROGRAM COORDINATION.—8

Subject to subsection (i), funds are hereby authorized to9

be appropriated to the Department of Energy for fiscal10

year 1996 for compliance and program coordination in11

carrying out environmental restoration and waste manage-12

ment activities necessary for national security programs13

in the amount of $81,251,000, to be allocated as follows:14


$66,251,000.16

(2) For the following plant project (including17

maintenance, restoration, planning, construction, ac-18

quisition, modification of facilities, and land acquisi-19

tion related thereto), $15,000,000:20

Project 95–E–600, hazardous materials21

training center, Richland, Washington.22

(h) ANALYSIS, EDUCATION, AND RISK MANAGE-23

MENT.—Subject to subsection (i), funds are hereby au-24

thorized to be appropriated to the Department of Energy25

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•S 1026 PCS

for fiscal year 1996 for analysis, education, and risk man-1

agement in carrying out environmental restoration and2


rity programs in the amount of $157,022,000.4

(i) ADJUSTMENTS.—The total amount authorized to5

be appropriated pursuant to this section is the sum of the6

amounts specified in subsections (a) through (h) reduced7

by the sum of—8

(1) $276,942,000, for use of prior year bal-9

ances; and10

(2) $37,000,000 for recovery of overpayment to11

the Savannah River Pension Fund.12

SEC. 3103. OTHER DEFENSE ACTIVITIES.13

(a) OTHER DEFENSE ACTIVITIES.—Subject to sub-14

section (b), funds are hereby authorized to be appro-15


for other defense activities in carrying out programs nec-17

essary for national security in the amount of18

$1,330,520,000, to be allocated as follows:19

(1) For verification and control technology,20

$353,200,000, to be allocated as follows:21

(A) For nonproliferation and verification22

research and development, $163,500,000.23

(B) For arms control, $147,364,000.24

(C) For intelligence, $42,336,000.25

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•S 1026 PCS

(2) For nuclear safeguards and security,1

$83,395,000.2

(3) For security investigations, $25,000,000.3

(4) For security evaluations, $14,707,000.4

(5) For the Office of Nuclear Safety,5

$15,050,000.6

(6) For worker and community transition,7

$100,000,000.8

(7) For fissile materials disposition,9

$70,000,000.10

(8) For naval reactors development,11


(A) For operation and infrastructure,13

$659,168,000.14

(B) For plant projects (including mainte-15

nance, restoration, planning, construction, ac-16

quisition, modification of facilities, and the con-17

tinuation of projects authorized in prior years,18



Project 95–D–200, laboratory systems21

and hot cell upgrades, various locations,22

$11,300,000.23

Project 95–D–201, advanced test re-24

actor radioactive waste system upgrades,25

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•S 1026 PCS

Idaho National Engineering Laboratory,1

Idaho, $4,800,000.2

Project 93–D–200, engineering serv-3

ices facilities, Knolls Atomic Power Lab-4

oratory, Niskayuna, New York,5

$3,900,000.6

Project 90–N–102, expended core fa-7

cility dry cell project, Naval Reactors Fa-8

cility, Idaho, $3,000,000.9

(b) ADJUSTMENT.—The total amount that may be10

appropriated pursuant to this section is the total amount11

authorized to be appropriated in subsection (a) reduced12

by $13,000,000, for use of prior year balances.13

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.14

Funds are hereby authorized to be appropriated to15

the Department of Energy for fiscal year 1996 for pay-16

ment to the Nuclear Waste Fund established in section17

302(c) of the Nuclear Waste Policy Act of 1982 (4218

U.S.C. 10222(c)) in the amount of $198,400,000.19

SEC. 3105. PAYMENT OF PENALTIES ASSESSED AGAINST20

ROCKY FLATS SITE.21

The Secretary of Energy may pay to the Hazardous22

Substance Superfund established under section 9507 of23

the Internal Revenue Code of 1986 (26 U.S.C. 9507),24

from funds appropriated to the Department of Energy for25

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•S 1026 PCS

environmental restoration and waste management activi-1

ties pursuant to section 3102, stipulated civil penalties in2

the amount of $350,000 assessed under the Comprehen-3

sive Environmental Response, Compensation, and Liabil-4

ity Act of 1980 (42 U.S.C. 9601 et seq.) against the5

Rocky Flats Site, Golden, Colorado.6

Subtitle B—Recurring General7

Provisions8

SEC. 3121. REPROGRAMMING.9

(a) IN GENERAL.—Until the Secretary of Energy10

submits to the congressional defense committees the re-11

port referred to in subsection (b) and a period of 30 days12

has elapsed after the date on which such committees re-13

ceive the report, the Secretary may not use amounts ap-14

propriated pursuant to this title for any program—15

(1) in amounts that exceed, in a fiscal year—16

(A) 110 percent of the amount authorized17

for that program by this title; or18

(B) $1,000,000 more than the amount au-19

thorized for that program by this title; or20

(2) which has not been presented to, or re-21

quested of, Congress.22

(b) REPORT.—(1) The report referred to in sub-23

section (a) is a report containing a full and complete state-24

ment of the action proposed to be taken and the facts and25

536

•S 1026 PCS

circumstances relied upon in support of such proposed ac-1

tion.2

(2) In the computation of the 30-day period under3

subsection (a), there shall be excluded any day on which4

either House of Congress is not in session because of an5

adjournment of more than 3 days to a day certain.6

(c) LIMITATIONS.—(1) In no event may the total7

amount of funds obligated pursuant to this title exceed8

the total amount authorized to be appropriated by this9

title.10

(2) Funds appropriated pursuant to this title may not11

be used for an item for which Congress has specifically12

denied funds.13

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.14

(a) IN GENERAL.—The Secretary of Energy may15

carry out any construction project under the general plant16

projects authorized by this title if the total estimated cost17

of the construction project does not exceed $2,000,000.18

(b) REPORT TO CONGRESS.—If, at any time during19

the construction of any general plant project authorized20

by this title, the estimated cost of the project is revised21

because of unforeseen cost variations and the revised cost22

of the project exceeds $2,000,000, the Secretary shall im-23

mediately furnish a complete report to the congressional24

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•S 1026 PCS

defense committees explaining the reasons for the cost1

variation.2

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.3

(a) IN GENERAL.—(1) Except as provided in para-4

graph (2), construction on a construction project may not5

be started or additional obligations incurred in connection6

with the project above the total estimated cost, whenever7

the current estimated cost of the construction project,8

which is authorized by sections 3101, 3102, and 3103, or9

which is in support of national security programs of the10

Department of Energy and was authorized by any pre-11

vious Act, exceeds by more than 25 percent the higher12

of—13

(A) the amount authorized for the project; or14

(B) the amount of the total estimated cost for15

the project as shown in the most recent budget jus-16

tification data submitted to Congress.17

(2) An action described in paragraph (1) may be18

taken if—19

(A) the Secretary of Energy has submitted to20

the congressional defense committees a report on the21

actions and the circumstances making such action22

necessary; and23

538

•S 1026 PCS

(B) a period of 30 days has elapsed after the1

date on which the report is received by the commit-2

tees.3

(3) In the computation of the 30-day period under4

paragraph (2), there shall be excluded any day on which5

either House of Congress is not in session because of an6

adjournment of more than 3 days to a day certain.7

(b) EXCEPTION.—Subsection (a) shall not apply to8

any construction project which has a current estimated9

cost of less than $5,000,000.10

SEC. 3124. FUND TRANSFER AUTHORITY.11

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—12

The Secretary of Energy may transfer funds authorized13

to be appropriated to the Department of Energy pursuant14

to this title to other Federal agencies for the performance15

of work for which the funds were authorized. Funds so16

transferred may be merged with and be available for the17

same purposes and for the same period as the authoriza-18

tions of the Federal agency to which the amounts are19

transferred.20

(b) TRANSFER WITHIN DEPARTMENT OF ENERGY;21

LIMITATIONS.—(1) Subject to paragraph (2), the Sec-22

retary of Energy may transfer funds authorized to be ap-23

propriated to the Department of Energy pursuant to this24

title between any such authorizations. Amounts of author-25

539

•S 1026 PCS

izations so transferred may be merged with and be avail-1

able for the same purposes and for the same period as2

the authorization to which the amounts are transferred.3

(2) Not more than 5 percent of any such authoriza-4

tion may be transferred between authorizations under5

paragraph (1). No such authorization may be increased6

or decreased by more than 5 percent by a transfer under7

such paragraph.8

(3) The authority provided by this section to transfer9

authorizations—10

(A) may only be used to provide funds for items11

relating to weapons activities necessary for national12

security programs that have a higher priority than13

the items from which the funds are transferred; and14

(B) may not be used to provide authority for an15

item that has been denied funds by Congress.16

(c) NOTICE TO CONGRESS.—The Secretary of Energy17

shall promptly notify the Committee on Armed Services18

of the Senate and the Committee on National Security of19

the House of Representatives of any transfer of funds to20

or from authorizations under this title.21

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-22

TION DESIGN.23

(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)24

Subject to paragraph (2) and except as provided in para-25

540

•S 1026 PCS

graph (3), before submitting to Congress a request for1

funds for a construction project that is in support of a2

national security program of the Department of Energy,3

the Secretary of Energy shall complete a conceptual de-4

sign for that project.5

(2) If the estimated cost of completing a conceptual6

design for a construction project exceeds $3,000,000, the7

Secretary shall submit to Congress a request for funds for8

the conceptual design before submitting a request for9

funds for the construction project.10

(3) The requirement in paragraph (1) does not apply11

to a request for funds—12

(A) for a construction project the total esti-13

mated cost of which is less than $2,000,000; or14

(B) for emergency planning, design, and con-15

struction activities under section 3126.16

(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)17

Within the amounts authorized by this title, the Secretary18

of Energy may carry out construction design (including19

architectural and engineering services) in connection with20

any proposed construction project if the total estimated21

cost for such design does not exceed $600,000.22

(2) If the total estimated cost for construction design23

in connection with any construction project exceeds24

541

•S 1026 PCS

$600,000, funds for such design must be specifically au-1

thorized by law.2

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-3

SIGN, AND CONSTRUCTION ACTIVITIES.4

(a) AUTHORITY.—The Secretary of Energy may use5

any funds available to the Department of Energy pursuant6

to an authorization in this title, including funds authorized7

to be appropriated under sections 3101, 3102, and 31038

for advance planning and construction design, to perform9

planning, design, and construction activities for any De-10

partment of Energy national security program construc-11

tion project that, as determined by the Secretary, must12

proceed expeditiously in order to protect public health and13

safety, meet the needs of national defense, or to protect14

property.15

(b) LIMITATION.—The Secretary may not exercise16

the authority under subsection (a) in the case of any con-17

struction project until the Secretary has submitted to the18

congressional defense committees a report on the activities19

that the Secretary intends to carry out under this section20

and the circumstances making such activities necessary.21

(c) SPECIFIC AUTHORITY.—The requirement of sec-22

tion 3125(b)(2) does not apply to emergency planning, de-23

sign, and construction activities conducted under this sec-24

tion.25

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•S 1026 PCS

(d) REPORT.—The Secretary of Energy shall report1

to the congressional defense committees any exercise of2

authority under this section.3

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-4

RITY PROGRAMS OF THE DEPARTMENT OF5

ENERGY.6

Subject to the provisions of appropriations Acts and7

section 3121 of this title, amounts appropriated pursuant8

to this title for management and support activities and9

for general plant projects are available for use, when nec-10

essary, in connection with all national security programs11

of the Department of Energy.12

SEC. 3128. AVAILABILITY OF FUNDS.13

When so specified in an appropriation Act, amounts14

appropriated for operating expenses, plant projects, and15

capital equipment may remain available until expended.16

Subtitle C—Program Authoriza-17

tions, Restrictions, and Limita-18

tions19

SEC. 3131. TRITIUM PRODUCTION.20

(a) ACCELERATOR PRODUCTION RESEARCH AND DE-21

VELOPMENT.—Subject to paragraph (2), of the funds au-22


under section 3101, not more than $25,000,000 shall be24

available to commence a 3-year program of research and25

543

•S 1026 PCS

development into reduction of technical risk associated1

with the use of the Los Alamos Neutron Scattering Center2

for accelerator production of tritium at the Los Alamos3

National Laboratory.4

(2) The Secretary of Energy may not obligate or ex-5

pend funds available under paragraph (1) for the program6

referred to in that paragraph until the Secretary com-7

mences the program referred to in subsection (b).8

(b) MULTIPURPOSE REACTORS.—Of the funds au-9


under section 3101, not more than $25,000,000 shall be11

available in fiscal year 1996 to commence a 3-year pro-12

gram of cost and risk assessment, conceptual design, and13

engineering design regarding the use of a privately owned14

and operated multipurpose reactor to meet the tritium15

production and plutonium disposition objectives of the De-16

partment of Energy and of cost and risk assessment, con-17

ceptual design, and engineering design regarding the use18

of a Government multipurpose reactor to meet such objec-19

tives.20

(c) TRITIUM TARGETS.—Of the funds authorized to21

be appropriated to the Department of Energy under sec-22

tion 3101, not more than $5,000,000 shall be available23

for the Idaho National Engineering Laboratory for the24

544

•S 1026 PCS

test and development of light water tritium targets and1

mixed oxide fuels tritium targets.2

SEC. 3132. PLUTONIUM DISPOSITION.3

(a) PLUTONIUM DISPOSITION.—Of the funds author-4

ized to be appropriated to the Department of Energy for5

fiscal year 1996 under section 3103(a)(7), $70,000,0006

shall be available only for purposes of completing the eval-7

uation of, and commencing implementation of, a pluto-8

nium storage and disposition option, of which $25,000,0009

shall be available to commence a 3-year program to assess10

the cost and risk of using a privately owned and operated11

multipurpose reactor to meet the tritium production and12

plutonium disposition objectives of the Department of En-13

ergy and the cost and risk of using a Government multi-14

purpose reactor to meet those objectives.15

(b) ENVIRONMENTAL ASSESSMENT.—Using funds16

available under subsection (a), the Secretary shall—17

(1) include in the programmatic environmental18

impact statement of the fissile material disposition19

program a complete assessment of the impact on the20

environment of each multipurpose reactor assessed21

under that subsection; and22

(2) prepare a programmatic environmental im-23

pact statement for the Department of Energy which24

includes—25

545

•S 1026 PCS

(A) a complete assessment of the impact1

on the environment of utilizing each multipur-2

pose reactor assessed under that subsection to3

carry out the combined tritium production and4

plutonium disposition missions of the Depart-5

ment;6

(B) an accompanying cost analysis of uti-7

lizing each such reactor to carry out such mis-8

sions; and9

(C) an accompanying integrated systems10

analysis of utilizing each such reactor to carry11

out such missions.12

(c) DEFINITION.—In this section, the term ‘‘pluto-13

nium storage and disposition option’’ means a method for14

the interim storage, processing, reprocessing, or perma-15

nent storage of plutonium.16

SEC. 3133. TRITIUM RECYCLING.17

(a) IN GENERAL.—Except as provided in subsection18

(b), the following activities shall be carried out at the Sa-19

vannah River Site, South Carolina:20

(1) All tritium recycling for weapons, including21

tritium refitting.22

(2) All activities regarding tritium formerly car-23

ried out at the Mound Plant, Ohio.24

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•S 1026 PCS

(b) EXCEPTION.—The following activities may be1

carried out at the Los Alamos National Laboratory, New2

Mexico:3

(1) Research on tritium.4

(2) Work on tritium in support of the defense5

inertial confinement fusion program.6

SEC. 3134. MANUFACTURING INFRASTRUCTURE FOR7

REFABRICATION AND CERTIFICATION OF EN-8

DURING NUCLEAR WEAPONS STOCKPILE.9

(a) MANUFACTURING PROGRAM.—The Secretary of10

Energy shall carry out a program for purposes of estab-11

lishing within the Government a manufacturing infra-12

structure that has the capability—13

(1) to refabricate and certify the entire active14

and inactive enduring nuclear weapons stockpile be-15

fore the end of the presently specified design lifetime16

for each weapon currently in the stockpile; and17

(2) to manufacture new nuclear warheads.18

(b) REQUIRED CAPABILITIES.—The manufacturing19

infrastructure established under the program under sub-20

section (a) shall include the following capabilities (modern-21

ized to attain the objectives subsection (a)(1)):22

(1) The weapons assembly capabilities of the23

Pantex Plant.24

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•S 1026 PCS

(2) The weapon secondary fabrication capabili-1

ties of the Y–12 Plant, Oak Ridge, Tennessee.2

(3) The tritium recycling capabilities of the Sa-3

vannah River Site.4

(4) A weapon primary pit refabrication/manu-5

facturing and reuse facility capability at Savannah6

River Site.7

(5) The non-nuclear component capabilities of8

the Kansas City Plant.9

(c) ENDURING NUCLEAR WEAPONS STOCKPILE.—10

For purposes of subsection (a)(1), the term ‘‘enduring nu-11

clear weapons stockpile’’ means the stockpile described in12

the February 1995 Department of Defense Annual Report13

to the President and the Congress (as specified on pages14

83 and following of the report) or the stockpile described15

in section 3163(b), whichever would yield a higher number16

of weapons.17

(d) FUNDING.—Of the funds authorized to be appro-18

priated under section 3101(b), $100,000,000 shall be19

available for carrying out the program required under this20

section, of which—21

(1) $25,000,000 shall be available for activities22

at the Pantex Plant;23


at the Y–12 Plant, Oak Ridge, Tennessee;25

548

•S 1026 PCS


at the Savannah River Site; and2


at the Kansas City Plant.4

SEC. 3135. HYDRONUCLEAR EXPERIMENTS.5

(a) FUNDING.—Of the funds authorized to be appro-6

priated to the Department of Energy under section 3101,7

$50,000,000 shall be available for preparation for the8

commencement of a program of hydronuclear experiments9

at the nuclear weapons design laboratories at the Nevada10

Test Site which program shall be for the purpose of main-11

taining confidence in the reliability and safety of the en-12

during nuclear weapons stockpile.13

(b) DEFINITION.—For purposes of subsection (a),14

the term ‘‘enduring nuclear weapons stockpile’’ means the15

stockpile described in the February 1995 Department of16

Defense Annual Report to the President and the Congress17

(as specified on pages 83 and following of the report) or18

the stockpile described in section 3163(b), whichever19

would yield a higher number of weapons.20

SEC. 3136. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF21

SKILLS CRITICAL TO THE DEPARTMENT OF22

ENERGY NUCLEAR WEAPONS COMPLEX.23

(a) IN GENERAL.—The Secretary of Energy shall24

conduct a fellowship program for the development of skills25

549

•S 1026 PCS

critical to the ongoing mission of the Department of En-1

ergy nuclear weapons complex. Under the fellowship pro-2

gram, the Secretary shall—3

(1) provide educational assistance and research4

assistance to eligible individuals to facilitate the de-5

velopment by such individuals of skills critical to6

maintaining the ongoing mission of the Department7

of Energy nuclear weapons complex;8

(2) employ eligible individuals at the facilities9

described in subsection (c) in order to facilitate the10

development of such skills by these individuals; or11

(3) provide eligible individuals with the assist-12

ance and the employment.13

(b) ELIGIBLE INDIVIDUALS.—Individuals eligible for14

participation in the fellowship program are the following:15

(1) Students pursuing graduate degrees in16

fields of science or engineering that are related to17

nuclear weapons engineering or to the science and18

technology base of the Department of Energy.19

(2) Individuals engaged in postdoctoral studies20

in such fields.21

(c) COVERED FACILITIES.—The Secretary shall carry22

out the fellowship program at or in connection with the23

following facilities:24

550

•S 1026 PCS

(1) Los Alamos National Laboratory, New Mex-1

ico.2

(2) Sandia National Laboratories, New Mexico.3

(3) Lawrence Livermore National Laboratory,4

California.5

(4) The Kansas City Plant, Kansas City, Mis-6

souri.7

(5) The Pantex Plant, Amarillo, Texas.8

(6) The Y–12 Plant, Oak Ridge, Tennessee.9

(7) The Savannah River Site, Aiken, South10

Carolina.11

(d) ADMINISTRATION.—The Secretary shall carry out12

the fellowship program—13

(1) in the case of a facility referred to in para-14

graph (1), (2), or (3) of subsection (c), through the15

weapons program director of the facility; and16

(2) in the case of a facility referred to in para-17

graph (4), (5), or (6) of that subsection, through the18

stockpile manager of the facility.19

(e) ALLOCATION OF FUNDS.—The Secretary shall, in20

consultation with the Assistant Secretary of Energy for21

Defense Programs, allocate funds available for the fellow-22

ship program under subsection (f) among the facilities re-23

ferred to in subsection (c). The Secretary shall make the24

allocation after evaluating an assessment by the weapons25

551

•S 1026 PCS

program director of each such facility of the personnel and1

critical skills necessary at the facility for carrying out the2

ongoing mission of the facility.3

(f) FUNDING.—Of the funds authorized to be appro-4


under section 3101, $20,000,000 may be used for the pur-6

pose of carrying out the fellowship program under this sec-7

tion.8

SEC. 3137. EFFECT OF ISSUANCE OF ENVIRONMENTAL IM-9

PACT STATEMENTS ON USE OF FUNDS FOR10

CERTAIN DEPARTMENT OF ENERGY FACILI-11

TIES.12

(a) IN GENERAL.—Notwithstanding any other provi-13

sion of law, if a statement on the environmental impact14

of the construction and operation of a Department of En-15

ergy defense facility has been issued under section16

102(2)(C) of the National Environmental Policy Act of17

1969 (42 U.S.C. 4332(2)(C)), no provision of that Act18

may be interpreted as prohibiting—19

(1) the use of funds appropriated pursuant to20

an authorization of appropriations in this Act, or21

otherwise appropriated or made available, for the22

construction or operation of that facility; or23

552

•S 1026 PCS

(2) the Department of Energy from construct-1

ing, acquiring, or procuring equipment for the facil-2

ity.3

(b) MODIFICATION OF COURT ORDERS.—Congress4

urges the Attorney General to seek modification of any5

court order that is inconsistent with the provisions of sub-6

section (a).7

(c) TREATMENT OF PROHIBITIONS BY DEPARTMENT8

OF ENERGY PENDING PROGRAMMATIC EIS.—Pending9

completion of a programmatic environmental impact state-10

ment with respect to a Department of Energy defense fa-11

cility, the Secretary of Energy may not administratively12

prohibit with respect to the facility any action referred to13

in paragraph (1) or (2) of subsection (a).14

(d) DEFINITION.—In this section, the term ‘‘Depart-15

ment of Energy defense facility’’ means any facility under16

the jurisdiction of the Secretary of Energy for which funds17

are authorized to be appropriated pursuant to an Act au-18

thorizing appropriations for national security programs of19

the Department of Energy.20

SEC. 3138. DUAL-AXIS RADIOGRAPHIC HYDROTEST FACIL-21

ITY.22

(a) ENVIRONMENTAL ASSESSMENT.—Not later than23

October 30, 1995, the Secretary of Energy shall—24

553

•S 1026 PCS

(1) prepare a comprehensive environmental im-1

pact statement for the Dual-Axis Radiographic2

Hydrotest Facility project; and3

(2) issue a record of decision on the project4

pursuant to that environmental impact statement.5

(b) COMPLETION OF FACILITY.—If the Secretary de-6

termines in the record of decision referred to in paragraph7

(2) of subsection (a) that the project referred to in that8

subsection should proceed, the Secretary shall complete9

the project and commence operations at the facility re-10

ferred to in that subsection without delay even if the11

project is subject to any on-going or proposed assessment12

(including a programmatic assessment or a site-wide as-13

sessment) of environmental impacts by the Secretary.14

SEC. 3139. LIMITATION ON USE OF FUNDS FOR CERTAIN15

RESEARCH AND EDUCATION PURPOSES.16

None of the funds appropriated or otherwise made17

available to the Department of Energy for fiscal year 199618

under this title may be obligated or expended for the fol-19

lowing activities:20

(1) Activities under the Department of Energy21

Laboratory Directed Research and Development22

Program.23

(2) Research and development activities selected24

by the director of a national laboratory that are not25

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•S 1026 PCS

connected with stockpile stewardship programs or1

stockpile management programs.2

(3) Providing instruction for general education3

purposes.4

SEC. 3140. PROCESSING OF HIGH LEVEL NUCLEAR WASTE5

AND SPENT NUCLEAR FUEL RODS.6

(a) ELECTROMETALLURGICAL PROCESSING ACTIVI-7

TIES.—Of the amount authorized to be appropriated to8

the Department of Energy under section 3102, not more9

than $2,500,000 shall be available for electrometallurgical10

processing activities at the Idaho National Engineering11

Laboratory.12

(b) PROCESSING OF SPENT NUCLEAR FUEL RODS AT13

SAVANNAH RIVER SITE.—Of the amount authorized to be14

appropriated to the Department of Energy under section15

3102, not more than $15,000,000 shall be available for16

operating and maintenance activities at the Savannah17

River Site, which amount shall be available for the devel-18

opment at the canyon facilities at the site of technological19

methods (including plutonium processing and reprocess-20

ing) of separating, reducing, isolating, and storing the21

spent nuclear fuel rods that are sent to the site from other22

Department of Energy facilities and from foreign facili-23

ties.24

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•S 1026 PCS

(c) PROCESSING OF SPENT NUCLEAR FUEL RODS AT1

IDAHO NATIONAL ENGINEERING LABORATORY.—Of the2

amount authorized to be appropriated to the Department3

of Energy under section 3102, not more than $15,000,0004

shall be available for operating and maintenance activities5

at the Idaho National Engineering Laboratory, which6

amount shall be available for the development of techno-7

logical methods of processing the spent nuclear fuel rods8

that will be sent to the laboratory from other Department9

of Energy facilities.10

(d) SPENT NUCLEAR FUEL DEFINED.—In this sec-11

tion, the term ‘‘spent nuclear fuel’’ has the meaning given12

such term in section 2(23) of the Nuclear Waste Policy13

Act of 1982 (42 U.S.C. 10101(23)).14

SEC. 3141. DEPARTMENT OF ENERGY DECLASSIFICATION15

PRODUCTIVITY INITIATIVE.16

Of the funds authorized to be appropriated to the De-17

partment of Energy under section 3103, $3,000,000 shall18

be available for the Declassification Productivity Initiative19

of the Department of Energy.20

SEC. 3142. AUTHORITY TO REPROGRAM FUNDS FOR DIS-21

POSITION OF CERTAIN SPENT NUCLEAR22

FUEL.23

(a) AUTHORITY TO REPROGRAM.—Notwithstanding24

any other provision of law and subject to subsection (b),25

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•S 1026 PCS

the Secretary of Energy may reprogram funds available1

to the Department of Energy for fiscal year 1996 under2

section 3101(b) or 3102(b) to make such funds available3

for use for storage pool treatment and stabilization or for4

canning and storage in connection with the disposition of5

spent nuclear fuel in the Democratic People’s Republic of6

Korea, which treatment and stabilization or canning and7

storage is—8

(1) necessary in order to meet International9

Atomic Energy Agency safeguard standards with re-10

spect to the disposition of spent nuclear fuel; and11

(2) conducted in fulfillment of the Nuclear12

Framework Agreement between the United States13

and the Democratic People’s Republic of Korea14

dated October 21, 1994.15

(b) LIMITATION.—The total amount that the Sec-16

retary may reprogram under the authority in subsection17

(a) may not exceed $5,000,000.18

(c) DEFINITION.—In this section, the term ‘‘spent19

nuclear fuel’’ has the meaning given such term in section20

2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.21

10101(23)).22

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SEC. 3143. PROTECTION OF WORKERS AT NUCLEAR WEAP-1

ONS FACILITIES.2

Of the funds authorized to be appropriated to the De-3

partment of Energy under section 3102, $10,000,0004

shall be available to carry out activities authorized under5

section 3131 of the National Defense Authorization Act6

for Fiscal Years 1992 and 1993 (Public Law 102–190;7

105 Stat. 1571; 42 U.S.C. 7274d), relating to worker pro-8

tection at nuclear weapons facilities.9

Subtitle D—Transfer of Jurisdic-10

tion Over Department of Energy11

National Security Functions12

SEC. 3151. PLANS FOR TRANSFER OF JURISDICTION OVER13

DEPARTMENT OF ENERGY NATIONAL SECU-14

RITY FUNCTIONS.15

(a) PURPOSE.—It is the purpose of this section—16

(1) to express the sense of the Senate concern-17

ing—18

(A) the continued importance of the main-19

tenance of a safe and reliable nuclear weapons20

stockpile to the national security of the United21

States;22

(B) growing concern with the Department23

of Energy’s management of the nuclear weap-24

ons stockpile; and25

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•S 1026 PCS

(C) proposed legislative initiatives which1

seek extensive changes to the present organiza-2

tion and existence of the Department of En-3

ergy, which could impact the nuclear weapons4

stockpile of the United States; and5

(2) to direct the Secretary of Defense and the6

Secretary of Energy jointly to submit to Congress7

the report referred to in subsection (c).8

(b) SENSE OF THE SENATE.—It is the sense of the9

Senate that—10

(1) the nuclear weapons stockpile of the United11

States is rapidly aging and absolute assurance of its12

safety and reliability must be maintained;13

(2) the national security strategy of the United14

States is fundamentally based on the continued safe-15

ty and reliability of the nuclear weapons stockpile;16

(3) it is essential that the United States act de-17

cisively to restore the capacity to remanufacture nu-18

clear weapons at a rate sufficient to sustain the19

stockpile at levels consistent with relevant treaty20

limits and to maintain the safety and reliability of21

the stockpile and the safety and performance of the22

nuclear weapons complex;23

(4) there is a growing concern that the Depart-24

ment of Energy is not focusing sufficient resources25

559

•S 1026 PCS

and management attention to its defense-related1

mission, comprised fundamentally of the mainte-2

nance of the nuclear weapons stockpile;3

(5) the critical nature of the Department of En-4

ergy’s defense mission to the national security of the5

United States and the growing concern with the De-6

partment of Energy’s performance of this defense7

mission warrant aggressive action; and8

(6) before any transfer of responsibility of na-9

tional security programs of the Department of En-10

ergy is decided upon, careful evaluation is required11

to determine the effect of such transfer on the abil-12

ity to maintain the safety and reliability of the nu-13

clear weapons stockpile and the safety and perform-14

ance of the nuclear weapons complex.15

(c) REPORT REQUIRED.—The Secretary of Defense16

and the Secretary of Energy shall jointly submit to Con-17

gress a report setting forth the notional plans referred to18

in subsection (d) examining the potential transfer of re-19

sponsibility for the national security programs of the De-20

partment of Energy.21

(d) NOTIONAL PLANS.—(1) The report under sub-22

section (c) shall set forth the following:23

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•S 1026 PCS

(A) A notional plan for the potential transfer of1

the national security programs of the Department of2

Energy to the Department of Defense.3

(B) A notional plan for the potential establish-4

ment of an independent establishment in the execu-5

tive branch and transfer of the national security pro-6

grams of the Department of Energy to that inde-7

pendent establishment.8

(2) Each notional plan shall be a plan which—9

(A) could be implemented if the Department of10

Energy were to be abolished; and11

(B) assumes a commencement date for the12

transfer of responsibility for the programs on or13

after January 1, 1997.14

(3) Each notional plan shall assume the transfer of15

the following organizations:16

(A) The Bettis Atomic Power Laboratory.17

(B) The Fernald Site.18

(C) The Hanford Site.19

(D) The Idaho National Engineering Labora-20

tory.21

(E) The Kansas City Plant.22

(F) The Knolls Atomic Power Laboratory.23

(G) The Lawrence Livermore National Labora-24

tory.25

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•S 1026 PCS

(H) The Los Alamos National Laboratory.1

(I) The Mound Laboratory.2

(J) The Nevada Test Site.3

(K) The Y–12 Plant located at the Oak Ridge4

National Laboratory.5

(L) The Pantex Plant.6

(M) The Rocky Flats Site.7

(N) The Sandia National Laboratories, includ-8

ing the facilities of such laboratories located in New9

Mexico and California.10

(O) The Savannah River Site.11

(P) The Waste Isolation Pilot Project, New12

Mexico.13

(e) MATTERS TO BE INCLUDED IN PLAN.—Each no-14

tional plan submitted in the report under subsection (c)15

shall include the following:16

(1) A detailed plan for the integration into the17

entity concerned of the offices and laboratories of18

the Department of Energy which could be antici-19

pated to be transferred to such entity as part of a20

transfer of programs under the plan.21

(2) An assessment of the personnel strength ad-22

justments estimated to be made as a result of such23

a transfer of programs, which assessment shall set24

562

•S 1026 PCS

forth the adjustments estimated to be made with re-1

spect to each program anticipated to be transferred.2

(3) An assessment of the effect of such a trans-3

fer on the capability of the United States to carry4

out the mission of the national security programs of5

the Department of Energy, including—6

(A) weapons activities;7

(B) defense environmental restoration and8

waste management activities;9

(C) defense nuclear waste disposal activi-10

ties;11

(D) naval reactor activities;12

(E) fissile materials disposition activities;13

(F) nuclear safeguards and security activi-14

ties;15

(G) security investigations activities;16

(H) security evaluation activities; and17

(I) verification and arms control activities.18

(4) An assessment of costs, or savings, associ-19

ated with such a transfer.20

(5) An identification of all applicable provisions21

of law that may inhibit or preclude the transfer.22

(6) The advantages and disadvantages of the23

plan as it relates to the maintenance of the nuclear24

563

•S 1026 PCS

weapons stockpile and related activities, both in the1

near term and the long term.2

(7) The recommendations of the Secretary of3

Energy and the Secretary of Defense as to which no-4

tional plan, if any, is preferable.5

(f) PRESERVATION OF INTEGRITY OF DOE NA-6

TIONAL SECURITY PROGRAMS.—In developing the no-7

tional plans under this section, the Secretary of Defense8

and the Secretary of Energy shall make every effort to9

ensure that the mission and functioning of the national10

security programs of the Department of Energy would not11

be unduly affected adversely during the transfer of respon-12

sibility for such programs into the entity concerned and,13

in the case of the transfer to the Department of Defense,14

during the consolidation of such programs into programs15

of the Department.16

(g) SUBMISSION OF REPORT.—The report required17

under subsection (c) shall be submitted not later than18

February 1, 1996.19

(h) DEFINITIONS.—In this section:20

(1) The term ‘‘independent establishment’’ has21

the meaning given such term in section 104 of title22

5, United States Code.23

(2) The term ‘‘national security programs of24

the Department of Energy’’ means the responsibil-25

564

•S 1026 PCS

ities of the Secretary of Energy that are funded1

under budget function 053 (Atomic Energy Defense2

Activities).3


SEC. 3161. RESPONSIBILITY FOR DEFENSE PROGRAMS5

EMERGENCY RESPONSE PROGRAM.6

The Office of Military Applications under the Assist-7

ant Secretary of Energy for Defense Programs shall retain8

responsibility for the Defense Programs Emergency Re-9

sponse Program within the Department of Energy.10

SEC. 3162. REQUIREMENTS FOR DEPARTMENT OF ENERGY11

WEAPONS ACTIVITIES BUDGETS FOR FISCAL12

YEARS AFTER FISCAL YEAR 1996.13

(a) IN GENERAL.—The weapons activities budget of14

the Department of Energy shall be developed in accord-15

ance with the Department of Defense Nuclear Posture Re-16

view as contained in the Report of the Secretary of De-17

fense to the President and the Congress dated February18

19, 1995, the Post Nuclear Posture Review Stockpile19

Memorandum currently under development, and the pro-20

grammatic and technical requirements associated with the21

review and memorandum.22

(b) REQUIRED DETAIL.—(1) The Secretary of En-23

ergy shall include in the materials that the Secretary sub-24

mits to Congress in support of the budget for a fiscal year25

565

•S 1026 PCS

submitted by the President pursuant to section 1105 of1

title 31, United States Code, a long-term program plan,2

and a near-term program plan, for the Stockpile Steward-3

ship Program and the Stockpile Management Program of4

the Department of Energy and for each Department of5

Energy laboratory and site.6

(2) Each program plan under paragraph (1) shall7

specify the budget amounts proposed for, and shall include8

other information on, the following subprograms:9

(A) Stockpile confidence.10

(B) Stockpile surveillance.11

(C) Stockpile manufacturing and certification.12

(D) Weapons engineering.13

(E) Weapons science.14

(F) Weapons enabling technology.15

(c) APPLICABILITY.—The requirements of this sec-16

tion shall apply with respect to budgets for the fiscal years17

after fiscal year 1996.18

SEC. 3163. ENDURING NUCLEAR WEAPONS STOCKPILE.19

(a) REQUIREMENT.—The Secretary of Energy shall20

take appropriate actions to maintain the Enduring Nu-21

clear Weapons Stockpile in complete readiness for use.22

The actions taken shall include providing for such23

refabrication of nuclear weapons and nuclear warheads at24

the end of the design lifetime of such weapons and war-25

566

•S 1026 PCS

heads as the Secretary considers necessary to maintain the1

safety and reliability of such weapons and warheads.2

(b) ENDURING NUCLEAR WEAPONS STOCKPILE.—3

For purposes of this section, the Enduring Nuclear Weap-4

ons Stockpile shall consist of the following:5

(1) The weapons in the active nuclear weapons6

stockpile, which shall be a number of weapons that7

is not less than the greater of—8

(A) the number of active weapons per-9

mitted by the Secretary of Defense on existing10

platforms as of January 1, 1995; or11

(B) the number of such weapons that is12

determined appropriate by the Secretary of De-13

fense.14

(2) The weapons necessary for the maintenance15

of an inactive nuclear weapons stockpile, which shall16

be a number of weapons that is not less than the17

greater of—18

(A) the number of active weapons needed19

to upload the capacity of existing platforms20

from their capacity as of January 1, 1995, to21

their maximum capacity; or22

(B) the number of such weapons that is23

determined appropriate by the Secretary of De-24

fense.25

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•S 1026 PCS

(3) The number of weapons that the President1

determines is necessary to provide for replacements2

of the weapons referred to in paragraphs (1) and3

(2), for tests of such weapons, and for other pur-4

poses.5

(c) DEFINITION.—In this section, the term ‘‘inactive6

nuclear weapons stockpile’’ means a stockpile of nuclear7

weapons necessary to provide for the rapid rearming of8

all United States nuclear weapons launchers in the event9

such rearming is required by international circumstances.10

SEC. 3164. REPORT ON PROPOSED PURCHASES OF TRITIUM11

FROM FOREIGN SUPPLIERS.12

(a) REQUIREMENT.—Not later than May 30, 1997,13

the President shall submit to the congressional defense14

committees a report on any plans of the President to pur-15

chase from foreign suppliers tritium to be used for pur-16

poses of the nuclear weapons stockpile of the United17

States.18

(b) FORM OF REPORT.—The report shall be submit-19

ted in unclassified form, but may contain a classified20

annex.21

SEC. 3165. REPORT ON HYDRONUCLEAR TESTING.22

(a) REPORT.—The Secretary of Energy shall direct23

the joint preparation by the Lawrence Livermore National24

Laboratory and the Los Alamos National Laboratory of25

568

•S 1026 PCS

a report on the advantages and disadvantages for the safe-1

ty and reliability of the enduring nuclear weapons stock-2

pile of permitting alternative limits to the current limits3

on the explosive yield of hydronuclear tests. The report4

shall address the following explosive yield limits:5

(1) 4 pounds (TNT equivalent).6

(2) 400 pounds (TNT equivalent).7

(3) 4,000 pounds (TNT equivalent).8

(4) 40,000 pounds (TNT equivalent).9

(b) FUNDING.—The Secretary shall make available10

funds authorized to be appropriated to the Department11

of Energy under section 3101 for preparation of the report12

required under subsection (a).13

(c) DEFINITION.—For purposes of this section, the14

term ‘‘enduring nuclear weapons stockpile’’ means the15






SEC. 3166. MASTER PLAN ON WARHEADS IN THE ENDURING21

NUCLEAR WEAPONS STOCKPILE.22

(a) MASTER PLAN.—Not later than March 15, 1996,23

the President shall submit to Congress a master plan that24

569

•S 1026 PCS

describes in detail how the Government plans to dem-1

onstrate, by 2002—2

(1) the capability to refabricate and certify war-3

heads in the enduring nuclear weapons stockpile;4

and5

(2) the capability to design, fabricate, and cer-6

tify new warheads.7

(b) FORM OF PLAN.—The plan should be submitted8

in classified and unclassified forms.9

(c) DEFINITION.—For purposes of this section, the10

term ‘‘enduring nuclear weapons stockpile’’ means the11






SEC. 3167. PROHIBITION ON INTERNATIONAL INSPECTIONS17

OF DEPARTMENT OF ENERGY FACILITIES18

PENDING CERTIFICATION OF PROTECTION19

OF RESTRICTED DATA.20

(a) PROHIBITION.—The Secretary of Energy may not21

permit an inspection of a Department of Energy nuclear22

weapons facility by the International Atomic Energy23

Agency until—24

570

•S 1026 PCS

(1) the Secretary certifies to Congress that no1

restricted data or classified information will be re-2

vealed during the inspection; and3

(2) a period of 30 days has elapsed after the4

date on which the certification is received by Con-5

gress.6

(b) RESTRICTED DATA DEFINED.—In this section,7

the term ‘‘restricted data’’ has the meaning given the term8

‘‘Restricted Data’’ in section 11 y. of the Atomic Energy9

Act of 1954 (42 U.S.C. 2014(y)).10

TITLE XXXII—DEFENSE NU-11

CLEAR FACILITIES SAFETY12

BOARD13

SEC. 3201. AUTHORIZATION.14

There are authorized to be appropriated for fiscal15

year 1996, $17,000,000 for the operation of the Defense16

Nuclear Facilities Safety Board under chapter 21 of the17

Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).18

TITLE XXXIII—NAVAL19

PETROLEUM RESERVES20

SEC. 3301. SALE OF NAVAL PETROLEUM RESERVE NUM-21

BERED 1 (ELK HILLS).22

(a) SALE OF ELK HILLS UNIT REQUIRED.—(1)23

Chapter 641 of title 10, United States Code, is amended24


571

•S 1026 PCS

‘‘§ 7421a. Sale of Naval Petroleum Reserve Numbered1

1 (Elk Hills)2

‘‘(a) SALE REQUIRED.—(1) Notwithstanding any3

other provision of this chapter other than section4

7431(a)(2) of this title, the Secretary shall sell all right,5

title, and interest of the United States in and to lands6

owned or controlled by the United States inside Naval Pe-7

troleum Reserve Numbered 1, commonly referred to as the8

Elk Hills Unit, located in Kern County, California, and9

established by Executive order of the President, dated10

September 2, 1912. Subject to subsection (j), within one11

year after the effective date, the Secretary shall enter into12

one or more contracts for the sale of all of the interest13

of the United States in the reserve.14

‘‘(2) In this section:15

‘‘(A) The term ‘reserve’ means Naval Petroleum16

Reserve Numbered 1.17

‘‘(B) The term ‘unit plan contract’ means the18

unit plan contract between equity owners of the19

lands within the boundaries of Naval Petroleum Re-20

serve Numbered 1 entered into on June 19, 1944.21

‘‘(C) The term ‘effective date’ means the date22

of the enactment of the National Defense Authoriza-23

tion Act for Fiscal Year 1996.24

‘‘(b) EQUITY FINALIZATION.—(1) Not later than25

three months after the effective date, the Secretary shall26

572

•S 1026 PCS

finalize equity interests of the known oil and gas zones1

in Naval Petroleum Reserve Numbered 1 in the manner2

provided by this subsection.3

‘‘(2) The Secretary shall retain the services of an4

independent petroleum engineer, mutually acceptable to5

the equity owners, who shall prepare a recommendation6

on final equity figures. The Secretary may accept the rec-7

ommendation of the independent petroleum engineer for8

final equity in each known oil and gas zone and establish9

final equity interest in the Naval Petroleum Reserve Num-10

bered 1 in accordance with such recommendation, or the11

Secretary may use such other method to establish final12

equity interest in the reserve as the Secretary considers13

appropriate.14

‘‘(3) If, on the effective date, there is an ongoing eq-15

uity redetermination dispute between the equity owners16

under section 9(b) of the unit plan contract, such dispute17

shall be resolved in the manner provided in the unit plan18

contract within three months after the effective date. Such19

resolution shall be considered final for all purposes under20

this section.21

‘‘(c) TIMING AND ADMINISTRATION OF SALE.—(1)22

Not later than two months after the effective date, the23

Secretary shall publish a notice of intent to sell the Naval24

Petroleum Reserve Numbered 1. The Secretary shall make25

573

•S 1026 PCS

all technical, geological, and financial information relevant1

to the sale of the reserve available to all interested and2

qualified buyers upon request. The Secretary, in consulta-3

tion with the Administrator of General Services, shall en-4

sure that the sale process is fair and open to all interested5

and qualified parties.6

‘‘(2)(A) Not later than two months after the effective7

date, the Secretary shall retain the services of five inde-8

pendent experts in the valuation of oil and gas fields to9

conduct separate assessments, in a manner consistent with10

commercial practices, of the fair market value of the inter-11

est of the United States in Naval Petroleum Reserve Num-12

bered 1. In making their assessments, the independent ex-13

perts shall consider (among other factors) all equipment14

and facilities to be included in the sale, the estimated15

quantity of petroleum and natural gas in the reserve, and16

the net present value of the anticipated revenue stream17

that the Secretary and the Director of the Office of Man-18

agement and Budget jointly determine the Treasury would19

receive from the reserve if the reserve were not sold, ad-20

justed for any anticipated increases in tax revenues that21

would result if the reserve were sold. The independent ex-22

perts shall complete their assessments within six months23

after the effective date.24

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•S 1026 PCS

‘‘(B) The independent experts shall also determine1

and submit to the Secretary the estimated total amount2

of the cost of any environmental restoration and remedi-3

ation necessary at the reserve. The Secretary shall report4

the estimate to the Director of the Office of Management5

and Budget, the Secretary of the Treasury, and Congress.6

‘‘(C) The Secretary, in consultation with the Director7

of the Office of Management and Budget, shall set the8

minimum acceptable price for the reserve. In setting that9

price, the Secretary, in consultation with the Director,10

may consider the average of three of the assessments11

(after excluding the high and low assessments) made12

under subparagraph (A).13

‘‘(3) Not later than two months after the effective14

date, the Secretary shall retain the services of an invest-15

ment banker to independently administer, in a manner16

consistent with commercial practices and in a manner that17

maximizes sale proceeds to the Government, the sale of18

Naval Petroleum Reserve Numbered 1 under this section.19

‘‘(4)(A) Not later than six months after the effective20

date, the investment banker serving as the sales adminis-21

trator under paragraph (3) shall complete a draft contract22

for the sale of Naval Petroleum Reserve Numbered 1,23

which shall accompany the invitation for bids and describe24

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•S 1026 PCS

the terms and provisions of the sale of the interest of the1

United States in the reserve.2

‘‘(B) The draft contract shall identify—3

‘‘(i) all equipment and facilities to be included4

in the sale; and5

‘‘(ii) any potential claim or liability (including6

liability for environmental restoration and remedi-7

ation), and the extent of any such claim or liability,8

for which the United States is responsible under9

subsection (d).10

‘‘(C) The draft contract, including the terms and pro-11

visions of the sale of the interest of the United States in12

the reserve, shall be subject to review and approval by the13

Secretary, the Secretary of the Treasury, and the Director14

of the Office of Management and Budget. Each of those15

officials shall complete the review of, and approve or dis-16

approve, the draft contract not later than seven months17

after the effective date.18

‘‘(5) Not later than seven months after the effective19

date, the Secretary shall publish an invitation for bids for20

the purchase of the reserve.21

‘‘(6) Not later than 10 months after the effective22

date, the Secretary shall identify the highest responsible23

offer or offers for purchase of the interest of the United24

States in Naval Petroleum Reserve Numbered 1 that, in25

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•S 1026 PCS

total, meet or exceed the minimum acceptable price deter-1

mined under paragraph (2).2

‘‘(7) The Secretary shall take such action imme-3

diately after the effective date as is necessary to obtain4

from an independent petroleum engineer within six5

months after that date a certification regarding the quan-6

tity of the content of the reserve. The Secretary shall use7

the certification in support of the preparation of the invi-8

tation for bids.9

‘‘(d) FUTURE LIABILITIES.—The United States shall10

hold harmless and fully indemnify the purchaser of the11

interest of the United States in Naval Petroleum Reserve12

Numbered 1 from and against any claim or liability as13

a result of ownership in the reserve by the United States,14

including any claim referred to in subsection (e).15

‘‘(e) TREATMENT OF STATE OF CALIFORNIA16

CLAIM.—After the costs incurred in the conduct of the17

sale of Naval Petroleum Reserve Numbered 1 under this18

section are deducted, seven percent of the remaining pro-19

ceeds from the sale of the reserve shall be reserved in a20

contingent fund in the Treasury (for a period not to ex-21

ceed 10 years after the effective date) for payment to the22

State of California in the event that, and to the extent23

that, the claims of the State against the United States24

regarding production and proceeds of sale from Naval Pe-25

577

•S 1026 PCS

troleum Reserve Numbered 1 are resolved in favor of the1

State by a court of competent jurisdiction. Funds in the2

contingent fund shall be available for paying any such3

claim to the extent provided in appropriation Acts. After4

final disposition of the claims, any unobligated balance in5

the contingent fund shall be credited to the general fund6

of the Treasury.7

‘‘(f) MAINTAINING ELK HILLS UNIT PRODUCTION.—8

Until the sale of Naval Petroleum Reserve Numbered 19

is completed under this section, the Secretary shall con-10

tinue to produce the reserve at the maximum daily oil or11

gas rate from a reservoir, which will permit maximum eco-12

nomic development of the reservoir consistent with sound13

oil field engineering practices in accordance with section14

3 of the unit plan contract. The definition of maximum15

efficient rate in section 7420(6) of this title shall not apply16

to the reserve.17

‘‘(g) EFFECT ON EXISTING CONTRACTS.—(1) In the18

case of any contract, in effect on the effective date, for19

the purchase of production from any part of the United20

States’ share of Naval Petroleum Reserve Numbered 1,21

the sale of the interest of the United States in the reserve22

shall be subject to the contract for a period of three23

months after the closing date of the sale or until termi-24

nation of the contract, whichever occurs first. The term25

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of any contract entered into after the effective date for1

the purchase of such production shall not exceed the an-2

ticipated closing date for the sale of the reserve.3

‘‘(2) The Secretary shall exercise the termination pro-4

cedures provided in the contract between the United5

States and Bechtel Petroleum Operation, Inc., Contract6

Number DE–ACO1–85FE60520 so that the contract ter-7

minates not later than the date of closing of the sale of8

Naval Petroleum Reserve Numbered 1 under subsection9

(c).10

‘‘(3) The Secretary shall exercise the termination pro-11

cedures provided in the unit plan contract so that the unit12

plan contract terminates not later than the date of closing13

of the sale of reserve.14

‘‘(h) EFFECT ON ANTITRUST LAWS.—Nothing in this15

section shall be construed to alter the application of the16

antitrust laws of the United States to the purchaser of17

Naval Petroleum Reserve Numbered 1 or to the lands in18

the reserve subject to sale under this section upon the19

completion of the sale.20

‘‘(i) PRESERVATION OF PRIVATE RIGHT, TITLE, AND21

INTEREST.—Nothing in this section shall be construed to22

adversely affect the ownership interest of any other entity23

having any right, title, and interest in and to lands within24

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the boundaries of Naval Petroleum Reserve Numbered 11

and which are subject to the unit plan contract.2

‘‘(j) NOTICE TO CONGRESS.—(1) Subject to para-3

graph (2), the Secretary may not enter into a contract4

for the sale of the reserve until the end of the 31-day pe-5

riod beginning on the date on which the Secretary notifies6


Committee on National Security and the Committee on8

Commerce of the House of Representatives of the condi-9

tions of the proposed sale.10

‘‘(2) If the Secretary receives only one offer for pur-11

chase of the reserve, the Secretary may not enter into a12

contract for the sale of the reserve unless—13

‘‘(A) the Secretary submits to Congress a noti-14

fication of the receipt of only one offer together with15

the conditions of the proposed sale of the reserve to16

the offeror; and17

‘‘(B) a joint resolution of approval described in18

subsection (k) is enacted within 45 days after the19

date of the notification.20

‘‘(k) JOINT RESOLUTION OF APPROVAL.—(1) For21

the purpose of paragraph (2)(B) of subsection (j), ‘joint22

resolution of approval’ means only a joint resolution that23

is introduced after the date on which the notification re-24

ferred to in that paragraph is received by Congress, and—25

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‘‘(A) that does not have a preamble;1

‘‘(B) the matter after the resolving clause of2

which reads only as follows: ‘That Congress ap-3

proves the proposed sale of Naval Petroleum Reserve4

Numbered 1 reported in the notification submitted5

to Congress by the Secretary of Energy on6

llllll.’ (the blank space being filled in with7

the appropriate date); and8

‘‘(C) the title of which is as follows: ‘Joint reso-9

lution approving the sale of Naval Petroleum Re-10

serve Numbered 1’.11

‘‘(2) A resolution described in paragraph (1) intro-12

duced in the House of Representatives shall be referred13

to the Committee on National Security of the House of14

Representatives. A resolution described in paragraph (1)15

introduced in the Senate shall be referred to the Commit-16

tee on Armed Services of the Senate. Such a resolution17

may not be reported before the 8th day after its introduc-18

tion.19

‘‘(3) If the committee to which is referred a resolution20

described in paragraph (1) has not reported such resolu-21

tion (or an identical resolution) at the end of 15 calendar22

days after its introduction, such committee shall be23

deemed to be discharged from further consideration of24

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such resolution and such resolution shall be placed on the1

appropriate calendar of the House involved.2

‘‘(4)(A) When the committee to which a resolution3

is referred has reported, or has been deemed to be dis-4

charged (under paragraph (3)) from further consideration5

of, a resolution described in paragraph (1), it is at any6

time thereafter in order (even though a previous motion7

to the same effect has been disagreed to) for any Member8

of the respective House to move to proceed to the consider-9

ation of the resolution, and all points of order against the10

resolution (and against consideration of the resolution) are11

waived. The motion is highly privileged in the House of12

Representatives and is privileged in the Senate and is not13

debatable. The motion is not subject to amendment, or14

to a motion to postpone, or to a motion to proceed to the15

consideration of other business. A motion to reconsider the16

vote by which the motion is agreed to or disagreed to shall17

not be in order. If a motion to proceed to the consideration18

of the resolution is agreed to, the resolution shall remain19

the unfinished business of the respective House until dis-20

posed of.21

‘‘(B) Debate on the resolution, and on all debatable22

motions and appeals in connection therewith, shall be lim-23

ited to not more than 10 hours, which shall be divided24

equally between those favoring and those opposing the res-25

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olution. A motion further to limit debate is in order and1

not debatable. An amendment to, or a motion to postpone,2

or a motion to proceed to the consideration of other busi-3

ness, or a motion to recommit the resolution is not in4

order. A motion to reconsider the vote by which the resolu-5

tion is agreed to or disagreed to is not in order.6

‘‘(C) Immediately following the conclusion of the de-7

bate on a resolution described in paragraph (2), and a sin-8

gle quorum call at the conclusion of the debate if re-9

quested in accordance with the rules of the appropriate10

House, the vote on final passage of the resolution shall11

occur.12

‘‘(D) Appeals from the decisions of the Chair relating13

to the application of the rules of the Senate or the House14

of Representatives, as the case may be, to the procedure15

relating to a resolution described in paragraph (1) shall16

be decided without debate.17

‘‘(5) If, before the passage by one House of a resolu-18

tion of that House described in paragraph (1), that House19

receives from the other House a resolution described in20

paragraph (1), then the following procedures shall apply:21

‘‘(A) The resolution of the other House shall22

not be referred to a committee.23

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‘‘(B) With respect to a resolution described in1

paragraph (2) of the House receiving the resolu-2

tion—3

‘‘(i) the procedure in that House shall be4

the same as if no resolution had been received5

from the other House; but6

‘‘(ii) the vote on final passage shall be on7

the resolution of the other House.8

‘‘(6) This subsection is enacted by Congress—9

‘‘(A) as an exercise of the rulemaking power of10

the Senate and House of Representatives, respec-11

tively, and as such it is deemed a part of the rules12

of each House, respectively, but applicable only with13

respect to the procedure to be followed in that14

House in the case of a resolution described in para-15

graph (1), and it supersedes other rules only to the16

extent that it is inconsistent with such rules; and17

‘‘(B) with full recognition of the constitutional18

right of either House to change the rules (so far as19

relating to the procedure of that House) at any time,20

in the same manner, and to the same extent as in21

the case of any other rule of that House.22

‘‘(l) NONCOMPLIANCE WITH DEADLINES.—If, at any23

time during the one-year period beginning on the effective24

date, the Secretary determines that the actions necessary25

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to complete the sale of the reserve within that period are1

not being taken or timely completed, the Secretary shall2

transmit to the Committee on Armed Services of the Sen-3

ate and the Committees on National Security and on Com-4

merce of the House of Representatives a notification of5

that determination together with a plan setting forth the6

actions that will be taken to ensure that the sale of the7

reserve will be completed within that period. The Secretary8

shall consult with the Director of the Office of Manage-9

ment and Budget in preparing the plan for submission to10

the committees.’’.11



to section 7421 the following new item:14

‘‘7421a. Sale of Naval Petroleum Reserve Numbered 1 (Elk Hills).’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds15

are authorized to be appropriated for fiscal year 1996 for16

carrying out section 7421a of title 10, United States Code17

(as added by subsection (a)), in the total amount of18

$7,000,000.19

SEC. 3302. STUDY REGARDING FUTURE OF NAVAL PETRO-20

LEUM RESERVES (OTHER THAN NAVAL PE-21

TROLEUM RESERVE NUMBERED 1).22

(a) STUDY REQUIRED.—The Secretary of Energy23

shall conduct a study to determine which of the following24

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options regarding the naval petroleum reserves represents1

the most cost-effective option for the United States:2

(1) Retention and operation of the naval petro-3

leum reserves by the Secretary under chapter 641 of4

title 10, United States Code.5

(2) Transfer of all or a part of the naval petro-6

leum reserves to the jurisdiction of another Federal7

agency.8

(3) Lease of the naval petroleum reserves.9

(4) Sale of the interest of the United States in10

the naval petroleum reserves.11

(b) CONDUCT OF STUDY.—The Secretary shall retain12

an independent petroleum consultant to conduct the study.13

(c) CONSIDERATIONS UNDER STUDY.—An examina-14

tion of the benefits to be derived by the United States15

from the sale of the naval petroleum reserves shall include16

an assessment and estimate, in a manner consistent with17

commercial practices, of the fair market value of the inter-18

est of the United States in the naval petroleum reserves.19

An examination of the benefits to be derived by the United20

States from the lease of the naval petroleum reserves shall21

consider full exploration, development, and production of22

petroleum products in the naval petroleum reserves, with23

a royalty payment to the United States.24

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•S 1026 PCS

(d) REPORT REGARDING STUDY.—Not later than1

December 31, 1995, the Secretary shall submit to Con-2

gress a report describing the results of the study and con-3

taining such recommendations as the Secretary considers4

necessary to implement the most cost-effective option5

identified in the study.6

(e) NAVAL PETROLEUM RESERVES DEFINED.—For7

purposes of this section, the term ‘‘naval petroleum re-8

serves’’ has the meaning given that term in section9

7420(2) of title 10, United States Code, except that such10

term does not include Naval Petroleum Reserve Numbered11

1.12

TITLE XXXIV—NATIONAL13

DEFENSE STOCKPILE14

SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.15

(a) OBLIGATIONS AUTHORIZED.—During fiscal year16

1996, the National Defense Stockpile Manager may obli-17

gate up to $77,100,000 of the funds in the National De-18

fense Stockpile Transaction Fund established under sub-19

section (a) of section 9 of the Strategic and Critical Mate-20

rials Stock Piling Act (50 U.S.C. 98h) for the authorized21

uses of such funds under subsection (b)(2) of such section.22

(b) ADDITIONAL OBLIGATIONS.—The National De-23

fense Stockpile Manager may obligate amounts in excess24

of the amount specified in subsection (a) if the National25

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•S 1026 PCS

Defense Stockpile Manager notifies Congress that extraor-1

dinary or emergency conditions necessitate the additional2

obligations. The National Defense Stockpile Manager may3

make the additional obligations described in the notifica-4

tion after the end of the 45-day period beginning on the5

date Congress receives the notification.6

(c) LIMITATIONS.—The authorities provided by this7

section shall be subject to such limitations as may be pro-8

vided in appropriations Acts.9

SEC. 3402. DISPOSAL OF OBSOLETE AND EXCESS MATE-10

RIALS CONTAINED IN THE NATIONAL DE-11

FENSE STOCKPILE.12

(a) DISPOSAL AUTHORIZED.—Subject to the condi-13

tions specified in subsection (b), the President may dis-14

pose of obsolete and excess materials currently contained15

in the National Defense Stockpile in order to modernize16

the stockpile. The materials subject to disposal under this17

subsection and the quantity of each material authorized18

to be disposed of by the President are set forth in the19

following table:20

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum .............................................................................. 62,881 short tons

Aluminum Oxide, Abrasive Grade ......................................... 2,456 short tons

Antimony ............................................................................... 34 short tons

Bauxite, Metallurgical Grade, Jamaican ............................... 321,083 long dry

tons

Bauxite, Refractory ............................................................... 53,788 long dry

tons

Beryllium, Copper Master Alloy ............................................ 7,387 short tons

Beryllium, Metal .................................................................... 300 short tons

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Authorized Stockpile Disposals—Continued

Material for disposal Quantity

Chromite, Chemical Grade Ore ............................................. 34,709 short dry

tons

Chromite, Metallurgical Grade Ore ....................................... 580,700 short dry

tons

Chromite, Refractory Grade Ore ........................................... 159,282, short dry

tons

Chromium, Ferro Group ....................................................... 712,362 short tons

Chromium Metal .................................................................... 2,971 short tons

Cobalt .................................................................................... 27,868,181 pounds

of contained co-

balt

Columbium Group ................................................................. 2,871,194 pounds

of contained co-

lumbium

Diamond, Bort ...................................................................... 61,542 carats

Diamond Stones .................................................................... 3,030,087 carats

Fluorspar, Acid Grade ........................................................... 28,047 short dry

tons

Germanium Metal .................................................................. 53,200 kilograms

Graphite, Natural, Ceylon Lump .......................................... 5,492 short tons

Iodine ..................................................................................... 871 pounds

Indium ................................................................................... 50,205 troy ounces

Jewel bearings ....................................................................... 30,237,764 pieces

Manganese, Ferro, High Carbon ........................................... 230,481 short tons

Manganese, Ferro, Medium Carbon ...................................... 19,752 short tons

Manganese, Ferro, Silicon ..................................................... 202 short tons

Mica, Muscovite Block, Stained and Better .......................... 325,896 pounds

Mica, Phlogopite Block .......................................................... 130,745 pounds

Morphine, Sulfate & Analgesic, Refined ............................... 5,679 pounds of

anhydrous mor-

phine alkaloid

Nickel .................................................................................... 887 short tons

Platinum ................................................................................ 252,641 troy

ounces

Palladium .............................................................................. 1,064,601 troy

ounces

Rubber, Natural .................................................................... 25,138 long tons

Rutile ..................................................................................... 257 short dry tons

Talc, Block & Lump .............................................................. 2 short tons

Tantalum, Carbide Powder ................................................... 28,688 pounds of

contained tanta-

lum

Tantalum, Minerals ............................................................... 2,575,234 pounds

of contained tan-

talum

Tantalum, Oxide .................................................................... 163,691 pounds of

contained tanta-

lum

Thorium Nitrate .................................................................... 551,687 pounds

Tin ......................................................................................... 1,077 metric tons

Titanium Sponge ................................................................... 24,830 short tons

Tungsten Group .................................................................... 82,312,516 pounds

of contained

tungsten

Vegetable Tannin, Chestnut .................................................. 15 long tons

Zirconium .............................................................................. 15,991 short dry

tons

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(b) CONDITIONS ON DISPOSAL.—The authority of the1

President under subsection (a) to dispose of materials2

stored in the stockpile may not be used unless and until3

the Secretary of Defense certifies to Congress that the dis-4

posal of such materials will not adversely affect the capa-5

bility of the National Defense Stockpile to supply the stra-6

tegic and critical materials necessary to meet the needs7

of the United States during a period of national emer-8

gency that requires a significant level of mobilization of9

the economy of the United States, including any recon-10

stitution of the military and industrial capabilities nec-11

essary to meet the planning assumptions used by the Sec-12

retary of Defense under section 14(b) of the Strategic and13

Critical Materials Stock Piling Act (50 U.S.C. 98h–5(b)).14

(c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-15

ITY.—The disposal authority provided in subsection (a) is16

in addition to any other disposal authority provided by17

law.18

SEC. 3403. DISPOSAL OF CHROMITE AND MANGANESE ORES19

AND CHROMIUM FERRO AND MANGANESE20

METAL ELECTROLYTIC.21

(a) DOMESTIC UPGRADING.—In offering to enter into22

agreements pursuant to any provision of law for the dis-23

posal from the National Defense Stockpile of chromite and24

manganese ores of metallurgical grade or chromium ferro25

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and manganese metal electrolytic, the President shall give1

a right of first refusal on all such offers to domestic2

ferroalloy upgraders.3

(b) DOMESTIC FERROALLOY UPGRADER DEFINED.—4

For purposes of this section, the term ‘‘domestic ferroalloy5

upgrader’’ means a company or other business entity that,6

as determined by the President—7

(1) is engaged in operations to upgrade chro-8

mite or manganese ores of metallurgical grade or9

chromium ferro and manganese metal electrolytic;10

and11

(2) conducts a significant level of its research,12

development, engineering, and upgrading operations13

in the United States.14

SEC. 3404. RESTRICTIONS ON DISPOSAL OF MANGANESE15

FERRO.16

(a) DISPOSAL OF LOWER GRADE MATERIAL17

FIRST.—The President may not dispose of high carbon18

manganese ferro in the National Defense Stockpile that19

meets the National Defense Stockpile classification of20

Grade One, Specification 30(a), as revised on May 22,21

1992, until completing the disposal of all manganese ferro22

in the National Defense Stockpile that does not meet such23

classification. The President may not reclassify man-24

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ganese ferro in the National Defense Stockpile after the1

date of the enactment of this Act.2

(b) REQUIREMENT FOR REMELTING BY DOMESTIC3

FERROALLOY PRODUCERS.—Manganese ferro in the Na-4

tional Defense Stockpile that does not meet the classifica-5

tion specified in subsection (a) may be sold only for6

remelting by a domestic ferroalloy producer.7

(c) DOMESTIC FERROALLOY PRODUCER DEFINED.—8

For purposes of this section, the term ‘‘domestic ferroalloy9

producer’’ means a company or other business entity that,10

as determined by the President—11

(1) is engaged in operations to upgrade man-12

ganese ores of metallurgical grade or manganese13

ferro; and14

(2) conducts a significant level of its research,15

development, engineering, and upgrading operations16

in the United States.17

SEC. 3405. EXCESS DEFENSE-RELATED MATERIALS: TRANS-18

FER TO STOCKPILE AND DISPOSAL.19

(a) TRANSFER AND DISPOSAL.—The Strategic and20

Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.)21

is amended by adding at the end the following:22

‘‘EXCESS DEFENSE-RELATED MATERIALS: TRANSFER TO23

STOCKPILE AND DISPOSAL24

‘‘SEC. 17. (a) The Secretary of Energy, in consulta-25

tion with the Secretary of Defense, shall transfer to the26

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stockpile for disposal in accordance with this Act1

uncontaminated materials that are in the inventory of De-2

partment of Energy materials for production of defense-3

related items, are excess to the requirements of the depart-4

ment for that purpose, and are suitable for transfer to5

the stockpile and disposal through the stockpile.6

‘‘(b) The Secretary of Defense shall determine wheth-7

er materials are suitable for transfer to the stockpile under8

this section, are suitable for disposal through the stock-9

pile, and are uncontaminated.’’.10

(b) CONFORMING AMENDMENT.—Section 4(a) of11

such Act (50 U.S.C. 98c(a)) is amended by adding at the12


‘‘(10) Materials transferred to the stockpile14

under section 17.’’.15

TITLE XXXV—PANAMA CANAL16

COMMISSION17


This title may be cited as the ‘‘Panama Canal Com-19

mission Authorization Act for Fiscal Year 1996’’.20

SEC. 3502. AUTHORIZATION OF EXPENDITURES.21

(a) IN GENERAL.—Subject to subsection (b), the22

Panama Canal Commission is authorized to make such ex-23

penditures within the limits of funds and borrowing au-24

thority available to it in accordance with law, and to make25

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such contracts and commitments without regard to fiscal1

year limitations, as may be necessary under the Panama2

Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the oper-3

ation, maintenance, and improvement of the Panama4

Canal for fiscal year 1996.5

(b) LIMITATIONS.—For fiscal year 1996, the Panama6

Canal Commission may expend from funds in the Panama7

Canal Revolving Fund not more than $50,741,000 for ad-8

ministrative expenses, of which not more than—9

(1) $15,000 may be used for official reception10

and representation expenses of the Supervisory11

Board of the Commission;12


and representation expenses of the Secretary of the14

Commission; and15


and representation expenses of the Administrator of17

the Commission.18

(c) REPLACEMENT VEHICLES.—Funds available to19

the Panama Canal Commission shall be available for the20

purchase of not to exceed 38 passenger motor vehicles (in-21

cluding large heavy-duty vehicles to be used to transport22

Commission personnel across the isthmus of Panama) at23

a cost per vehicle of not more than $19,500. A vehicle24

may be purchased with such funds only as necessary to25

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replace another passenger motor vehicle of the Commis-1

sion.2

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· 2014-03-17 · 1 Calendar No. 145 104 TH CONGRESS 1 ST S ESSION S. 1026 [Report No. 104–112] A BILL To authorize appropriations for fiscal year 1996 for military activities

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