To authorize appropriations for fiscal year 1997 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1997, and for other purposes.
TABLE OF CONTENTS:
Title I: Procurement
Subtitle A: Authorization of Appropriations
Subtitle B: Army Programs
Subtitle C: Navy Programs
Subtitle D: Air Force Programs
Subtitle E: Other Matters
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions, and
Limitations
Subtitle C: Ballistic Missile Defense Programs
Subtitle D: Other Matters
Subtitle E: National Oceanographic Partnership Program
Title III: Operation and Maintenance
Subtitle A: Authorization of Appropriations
Subtitle B: Depot-Level Activities
Subtitle C: Environmental Provisions
Subtitle D: Commissaries and Nonappropriated Fund
Instrumentalities
Subtitle E: Performance of Functions by Private-Sector
Sources
Subtitle F: Other Matters
Title IV: Military Personnel Authorizations
Subtitle A: Active Forces
Subtitle B: Reserve Forces
Subtitle C: Authorization of Appropriations
Title V: Military Personnel Policy
Subtitle A: Officer Personnel Policy
Subtitle B: Enlisted Personnel Policy
Subtitle C: Activation and Recall
Subtitle D: Reserve Component Retirement
Subtitle E: Other Reserve Component Matters
Subtitle F: Officer Education Programs
Subtitle G: Decorations and Awards
Subtitle H: Other Matters
Subtitle I: Commissioned Corps of the Public Health
Service
Title VI: Compensation and Other Personnel Benefits
Subtitle A: Pay and Allowances
Subtitle B: Bonuses and Special and Incentive Pays
Subtitle C: Travel and Transportation Allowances
Subtitle D: Retired Pay, Survivor Benefits, and Related
Matters
Subtitle E: Other Matters
Title VII: Health Care Provisions
Subtitle A: Health Care Services
Subtitle B: TRICARE Program
Subtitle C: Uniformed Services Treatment Facilities
Subtitle D: Other Changes to Existing Laws Regarding Health Care Management
Subtitle E: Other Matters
Title VIII: Acquisition Policy, Acquisition Management, and
Related Matters
Subtitle A: Acquisition Management
Subtitle B: Other Matters
Title IX: Department of Defense Organization and Management
Subtitle A: General Matters
Subtitle B: Force Structure Review
Title X: General Provisions
Subtitle A: Financial Matters
Subtitle B: Naval Vessels and Shipyards
Subtitle C: Counter-Drug Activities
Subtitle D: Reports and Studies
Subtitle E: Management of Armed Forces Retirement Home
Subtitle F: Other Matters
Title XI: National Imagery and Mapping Agency
Subtitle A: Establishment of Agency
Subtitle B: Conforming Amendments and Effective Dates
Title XII: Reserve Forces Revitalization
Subtitle A: Reserve Component Structure
Subtitle B: Reserve Component Accessibility
Subtitle C: Reserve Forces Sustainment
Title XIII: Arms Control and Related Matters
Subtitle A: Arms Control,
Counterproliferation Activities, and Related
Matters
Subtitle B: Commission to Assess the Ballistic Missile
Threat to the United States
Title XIV: Defense Against Weapons of Mass Destruction
Subtitle A: Domestic Preparedness
Subtitle B: Interdiction of Weapons of Mass Destruction
and Related Materials
Subtitle C: Control and Disposition of Weapons of Mass
Destruction and Related Materials Threatening
the United States
Subtitle D: Coordination of Policy and Countermeasures
Against Proliferation of Weapons of Mass
Destruction
Subtitle E: Miscellaneous
Title XV: Cooperative Threat Reduction With States of Former
Soviet Union
Title XVI: Department of Defense Civilian Personnel
Subtitle A: Miscellaneous Matters Relating to Personnel
Management, Pay, and Allowances
Subtitle B: Department of Defense Intelligence
Personnel Policy
Title XVII: Federal Employee Travel Reform
Subtitle A: Relocation Benefits
Subtitle B: Miscellaneous Provisions
Title XVIII: Federal Charter for the Fleet Reserve
Association
Title XXI(sic): Army
Title XXII: Navy
Title XXIII: Air Force
Title XXIV: Defense Agencies
Title XXV: North Atlantic Treaty Organization Security
Investment Program
Title XXVI: Guard and Reserve Forces Facilities
Title XXVII: Expiration and Extension of Authorizations
Title XXVIII: General Provisions
Subtitle A: Military Construction Program and Military
Family Housing Changes
Subtitle B: Defense Base Closure and Realignment
Subtitle C: Land Conveyances
Subtitle D: Other Matters
Title XXIX: Military Land Withdrawals
Subtitle A: Fort Carson-Pinon Canyon Military Lands
Withdrawal
Subtitle B: El Centro Naval Air Facility Ranges
Withdrawal
Title XXXI(sic): Department of Energy National Security
Programs
Subtitle A: National Security Programs Authorizations
Subtitle B: Recurring General Provisions
Subtitle C: Program Authorizations, Restrictions, and
Limitations
Subtitle D: Other Matters
Subtitle E: Defense Nuclear Environmental Cleanup and
Management
Subtitle F: Waste Isolation Pilot Plant Land Withdrawal
Act Amendments
Title XXXII: Defense Nuclear Facilities Safety Board
Title XXXIII: National Defense Stockpile
Subtitle A: Authorization of Disposals and Use of Funds
Subtitle B: Programmatic Change
Title XXXIV: Naval Petroleum Reserves
Title XXXV: Panama Canal Commission
Subtitle A: Authorization of Appropriations
Subtitle B: Amendments to Panama Canal Act of 1979
National Defense Authorization Act for Fiscal Year 1997 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for procurement to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement.
Authorizes appropriations for FY 1997 for: (1) defense-wide procurement; (2) reserve procurement; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the Defense Health Program.
Subtitle B: Army Programs - Amends specified provisions of the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal certain procurement limitations with respect to the Apache attack helicopters and OH-58D Armed Kiowa Warrior helicopters.
(Sec. 112) Authorizes the Secretary of the Army to extend through FY 1997 the multiyear procurement authority for the Avenger Air Defense Missile system. Authorizes such Secretary to: (1) enter into a multiyear procurement contract, beginning with FY 1997, for procurement of the Army Tactical Missile system; and (2) enter into multiyear procurement contracts for procurement of the Javelin missile system.
Subtitle C: Navy Programs - Earmarks funds from naval shipbuilding and conversion funds authorized under this Act for: (1) continued construction of a Seawolf attack submarine; and (2) long-lead and advance construction and procurement with respect to the New Attack submarine. Earmarks Navy research, development, test, and evaluation (RDT&E) funds authorized under title II of this Act for the latter submarine program, including the use on future attack submarines of advanced technologies as identified by the Secretary of Defense (Secretary) in a specified report. Earmarks funds to pursue core advance submarine technology initiatives identified in a specified report. Authorizes the Secretary of the Navy to enter into contracts for the procurement of long-lead components for FY 1998 and 1999 submarines, as well as the advance construction of such components. Places limits on the obligation of such funds until the Secretary, the Under Secretary of Defense for Acquisition and Technology, and the Under Secretary of Defense (Comptroller) make certain certifications to the Senate Armed Services and House National Security Committees (defense committees) with respect to procurement and oversight of the nuclear attack submarines. Directs the Secretary of the Navy, with respect to such submarine programs, to: (1) implement certain acquisition reform initiatives; and (2) divide design responsibility between Electric Boat Division and Newport News Shipbuilding (and report to the defense committees concerning such design). Requires the selection of a design for a next submarine for serial production by no earlier than FY 2002 (currently, 2003).
(Sec. 122) Makes funds authorized under this Act available for construction of the third Arleigh Burke class destroyer authorized under the FY 1996 defense authorization Act. Authorizes the Secretary of the Navy to enter into multiyear procurement contracts for the procurement of 12 such destroyers at a procurement rate of three per fiscal year for 1998 through 2001.
(Sec. 123) Requires certain certifications by the Secretary of the Navy before funds may be obligated for the EA-6B aircraft reactive jammer program.
(Sec. 124) Authorizes the Secretary of the Navy, after meeting certain certification requirements, to enter into contracts for the acquisition of T-39N trainer aircraft for naval flight officer training.
(Sec. 125) Authorizes the Secretary of the Navy, with a cost limitation, to enter into multiyear procurement contracts for up to 106 Penguin missiles.
Subtitle D: Air Force Programs - Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal a limitation on the procurement of F-15E fighter aircraft.
(Sec. 132) Authorizes the Secretary of the Air Force to enter into multiyear contracts for the procurement of up to 80 C-17 aircraft.
Subtitle E: Other Matters - Requires specified commanding officers of the reserves and National Guard to submit to the Senate and House Armed Forces, National Security, and Appropriations Committees (defense and appropriations committees) an assessment of the modernization priorities established for that branch of the reserves or National Guard.
(Sec. 142) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary to conduct, and report to the Congress on, an assessment of the chemical demilitarization program for the destruction of assembled chemical munitions, as well as alternative demilitarization technologies and processes. Provides that if the Secretary decides to continue the development of an alternative demilitarization technology or process, then $25 million of funds authorized under this Act shall be available to initiate a pilot program exploring such an alternative. Requires the Secretary to notify the Congress of his intention to use such funds for such purpose.
(Sec. 143) Amends the Armament Retooling and Manufacturing Support Initiative Act of 1992 to extend the Initiative through FY 1998.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for the armed forces for RDT&E, earmarking a specified amount of such funds for basic and applied research.
(Sec. 203) Earmarks funds for the dual-use (military and civilian) technology program. Directs the Secretary to designate a senior official in the Office of the Secretary of Defense whose sole responsibility shall be developing policy relating to, and ensuring effective implementation of, dual-use programs and the integration of commercial technologies into current and future military systems for the period beginning October 1, 1996, and ending September 30, 2002. Provides funding for such program from funds appropriated for such fiscal years for Department of Defense (DOD) science and technology programs. Provides obligation limits and transfer authority. Limits to 50 percent the Federal share of any dual-use program during FY 1997 through 2000. Requires a report from the Secretary to the Congress on the investment strategy for the program as conducted for FY 1998 through 2000.
(Sec. 204) Authorizes appropriations for FY 1997 for the Defense Special Weapons Agency, to be divided among procurement, RDT&E, and operation and maintenance.
Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds, with limitations, for: (1) the evolved expendable launch vehicle program; and (2) a competitive reusable launch vehicle technology program. Directs the Secretary and the Administrator of the National Aeronautics and Space Administration (NASA) to submit to the Congress a joint plan for coordinating efforts and eliminating unnecessary duplication in the operations and planned improvements of rocket engines and rocket engine component test facilities managed by the Air Force and NASA.
(Sec. 212) Earmarks funds authorized under this title for the Space-Based Infrared System program, with a limitation. Directs the Secretary to conduct a review of the appropriate management responsibilities for the Space and Missile Tracking System.
(Sec. 213) Earmarks funds, with limitations, for the Clementine 2 micro-satellite near-earth asteroid interception mission.
(Sec. 214) Authorizes the Secretary to waive certain live-fire survivability testing requirements with respect to the V-22 Osprey aircraft system, requiring a report to the Congress in exercising such waiver. Provides alternative survivability testing requirements. Provides funding. Authorizes the Secretary to exercise such waiver for the F-22 aircraft system notwithstanding that such system has entered engineering and manufacturing development (again requiring alternative testing requirements). Provides funding.
(Sec. 216) Places RDT&E funding limits on the F-16 tactical manned reconnaissance aircraft, with an exception.
(Sec. 217) Requires a program review and report to the defense and appropriations committees with respect to the F-22 aircraft. Directs the Secretary to report annually to the Congress on event-based decision making for such program for that fiscal year.
(Sec. 219) Directs the Secretary to report to the defense committees a cost-benefit analysis of the FA-18E and F aircraft program.
(Sec. 220) Earmarks funds authorized under this title for advanced technology development for the Joint Advanced Strike Technology program, with a limitation. Further earmarks such funds for the conduct of a force structure analysis with respect to such program. Requires a cost review. Requires the Secretary to submit the analysis and cost review to the defense and appropriations committees no later than May 15, 1997.
(Sec. 221) Requires the funding request for the procurement of unmanned aerial vehicles for any fiscal year to be set forth under the funding requests for the military departments in the DOD budget. Transfers to the Air Force, by a conditional date, program management for the Predator Unmanned Aerial Vehicle (as well as the funding for such program) for FY 1998 through 2002. Prohibits the obligation of funds authorized under this Act for providing the capability of such vehicle to operate from naval vessels.
(Sec. 222) Requires any funds authorized to develop concepts for an improved Tier III Minus system that would increase the flyaway cost above the established amount to be awarded through competitive acquisition procedures.
(Sec. 223) Directs the Secretary to carry out, and report to the Congress on, a study of Cyclone-class self-defense vessels.
(Sec. 224) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through FY 1999 the deadline for the delivery of the enhanced fiber optic guided missile system.
(Sec. 225) Earmarks funds, with certain authorized actions, for the Hydra-70 rocket product improvement program.
(Sec. 226) Allows funds authorized to DOD for FY 1997 to be obligated to procure work from a federally funded research and development center only if the Secretary names such center in a report to the defense committees and only in an amount not in excess of the proposed funding level for such center. Provides other funding limits, authorizing the Secretary to waive such limits after notification to the defense committees of the reasons therefor.
(Sec. 227) Directs the Secretary to establish an integrated program for the development and demonstration of technologies for the demilitarization and disposal of conventional munitions, rockets, and explosives in a manner that complies with applicable environmental laws. Requires such program to be in effect for at least five years, beginning with FY 1997. Provides funding and requires annual progress reports to the Congress.
(Sec. 228) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the Director of the Defense Advanced Research Projects Agency to conduct a program of basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems. Provides funding.
(Sec. 229) Directs the President to certify to the Congress whether the United States has the capability to prevent the illegal importation into the United States and its possessions of nuclear, biological, or chemical weapons.
(Sec. 230) Earmarks funds for joint service RDT&E of nonlethal weapons and technologies, requiring the Secretary to develop a new program element for such earmarked funds.
(Sec. 231) Earmarks funds for the Counterproliferation Support Program, further earmarking some of such funds for a tactical antisatellite technologies program. Provides authority to transfer additional funds for such programs, with limitations, including an additional transfer limit of $50 million. Requires the Secretary to promptly notify the Congress of any such transfers. Provides a limitation on the use of such funds for technical studies and analyses relating to the antisatellite technologies program.
Subtitle C: Ballistic Missile Defense Programs - Earmarks funds, with limitations, for obligation for specified systems managed by the Ballistic Missile Defense Organization.
(Sec. 242) Requires the President to submit to the Congress a written certification of U.S. capabilities to defend against a single ballistic missile.
(Sec. 243) Directs the Secretary to report to the Congress on ballistic missile defense and the proliferation of weapons of mass destruction, as well as the missiles used to deliver them.
(Sec. 244) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to revise required information and to remove references to the Soviet Union in a report requirement concerning the ballistic missile defense program.
(Sec. 245) Directs the Secretary to report to the defense committees on specified matters relating to the national missile defense plan of the Air Force.
(Sec. 246) Directs the Secretary to ensure that any National Missile Defense system deployed by the United States is capable of defeating the threat posed by the Taepo Dong II missile of North Korea.
(Sec. 247) Directs the Secretary to take necessary actions in connection with the establishment of the National Missile Defense Joint Program Office to ensure that such establishment does not have significant adverse effects on the employment of persons under the Federal contractor for such program.
Subtitle D: Other Matters - Directs the Secretary of the Air Force to apply uniform procedures for the allocation of funds for the maintenance and repair of real property at Air Force military installations.
(Sec. 262) Directs the Comptroller General to report to the Congress on research processes and competitive procedures relating to the Small Business Innovation Research Program.
(Sec. 264) Amends the National Defense Authorization Act for Fiscal Year 1995 to empower the Under Secretary of Defense for Acquisition and Technology (currently, the Director of the National Science Foundation) to designate States eligible for assistance under the Defense Experimental Program to Stimulate Competitive Research.
(Sec. 265) Eliminates a Federal reporting requirement concerning the use of competitive procedures for the award of research and development (R&D) grants and contracts to colleges and universities.
(Sec. 266) Directs the Secretary to carry out a pilot program to demonstrate online transfers of information on defense technologies to business in the private sector through an interactive data network involving small business development centers of higher educational institutions.
(Sec. 267) Authorizes (current law requires) a cooperative agreement containing a clause for the recovery of DOD funds to be used for a DOD research project when the use of a standard contract, grant, or cooperative agreement is not appropriate. Revises the annual reporting requirement concerning the use of such supplemental agreements.
(Sec. 268) Expresses the sense of the Congress that the United States should promote and invest in technologies to reduce the costs of converting saline water into fresh water. Directs the Secretary to place greater emphasis on making DOD funds available for R&D of such technologies.
(Sec. 269) Directs the Secretary to evaluate the digital video network equipment used in the 1996 Olympic Games to determine whether such equipment would be appropriate for specified military applications of compressed digital audio and visual broadcasting technology. Requires a report.
(Sec. 270) Requires the Secretary to report to the defense committees on a joint war fighting science and technology plan.
Subtitle E: National Oceanographic Partnership Program - Directs the Secretary of the Navy to establish the National Oceanographic Partnership Program (Program) for promoting the goals of assuring national security, advancing economic development, protecting quality of life, and strengthening science education and communications through improved knowledge of the ocean. Establishes a National Ocean Research Leadership Council, which shall: (1) prescribe policies and procedures, and provide reviews and assessments, concerning Program implementation; (2) submit annual reports to the Congress; (3) establish a partnership program office for the Program (with assigned duties for such office); and (4) establish the Ocean Research Advisory Panel. Requires related reports. Authorizes appropriations.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD. Authorizes appropriations to DOD for FY 1997 for working capital and revolving funds, and for the Armed Forces Retirement Home.
(Sec. 304) Authorizes the transfer of specified funds from the National Defense Stockpile Transaction Fund for FY 1997 military O&M accounts.
(Sec. 305) Earmarks funds for: (1) the Civil Air Patrol Corporation, requiring at least 25 percent of such amount to be used to cover the costs of search and rescue and disaster relief missions; (2) antiterrorism activities; (3) the immediate procurement of nonlethal weapons capabilities; and (4) the SR-71 contingency reconnaissance force.
Subtitle B: Depot-Level Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1997 the authority for aviation depots and naval shipyards to engage in defense-related production and services.
(Sec. 312) Directs the Secretary of the Army to report to the defense committees on steps taken to ensure that each program included in the Army's modernization-through-spares program is conducted through specified competition, logistics, and contract requirements.
Subtitle C: Environmental Provisions - Requires the top 20 defense contractors (currently, 100) in terms of dollar volume to be included in an annual report from the Secretary to the Congress on payments made to defense contractors for the costs of environmental response actions.
(Sec. 322) Establishes in DOD a separate Environmental Restoration Account for each of the Army, Navy, and Air Force. (Currently, there is only a Defense Environmental Restoration Account, which continues.) Requires sums authorized for such accounts to be used only to carry out environmental restoration functions within such military department.
(Sec. 323) Authorizes the Secretary to pay to the Hazardous Substance Superfund specified sums representing stipulated penalties assessed against various military sites and installations for environmental response and remediation activities required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
(Sec. 324) Amends the Act to Prevent Pollution From Ships to authorize the discharge by Navy vessels of specified garbage for which the Secretary of the Navy determines that full compliance with discharge limitations of such Act would not be technologically feasible and would impair the vessel's operations and operational capability. Requires such Secretary to publish in the Federal Register: (1) a list of surface ships planned to be decommissioned between January 1, 2001, and December 31, 2005; and (2) standards to ensure that such ships act in a manner consistent with pollution control requirements of Annex V to the International Convention for the Prevention of Pollution from Ships, 1973. Expresses the sense of the Congress that it should be an objective of the Navy to fully comply with such dumping requirements and to develop ships that are environmentally sound. Requires the Secretary to include in an annual DOD report on environmental compliance activities specified information with respect to the ships described under this section.
(Sec. 325) Authorizes the Secretary to develop and implement land use plans for any defense site selected by the Secretary for participation in the Defense Environmental Restoration Program (limiting the number of selected sites to ten). Requires appropriate consultation with the local technical review committee or advisory board for the area involved. Requires the land use plan to cover at least a 50-year period. Outlines implementation, deadline, and reporting requirements, as well as savings provisions, with respect to such plans under the Program.
(Sec. 326) Directs the Secretary of the Navy to: (1) determine whether an alternative technology designed to capture and destroy or remove emissions and pollutants that occur during abrasive blasting and coating operations at naval shipyards has clear potential for significant benefit to the Navy; and (2) if so, establish a pilot program to test the alternative technology. Requires a report in either case.
(Sec. 327) Authorizes the Secretary, under specified limitations, to enter into a cooperative agreement with an agency of a State or local government to obtain assistance in certifying environmental technologies. Requires a report. Terminates such authority five years after the enactment of this Act.
(Sec. 328) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal certain redundant notification and certification requirements concerning remedial investigations and feasibility studies at certain installations to be closed under the base closure laws.
(Sec. 329) Authorizes the Secretary to enter into agreements with Indian tribes for the provision of certain services under the DOD environmental restoration program.
(Sec. 330) Amends CERCLA to authorize the Administrator of the Environmental Protection Agency (EPA) to withhold the listing of a Federal facility on a national environmental cleanup priorities list if the head of such facility has arranged with the EPA Administrator to respond appropriately to a release or threatened release of a hazardous substance.
(Sec. 332) Authorizes the Secretary to establish and carry out a program to conduct and manage specified DOD conservation and cultural activities.
(Sec. 333) Directs the Secretary of the Navy to develop and implement a program to monitor the concentrations of organotin in near-coastal waters of the United States. Directs the EPA Administrator to provide funding for such program. Requires such program to be conducted in a manner that does not impair the Navy's ability to meet its operational requirements. Expresses the sense of the Congress that the EPA Administrator should develop a model permit for the discharge of organotin compounds at shipbuilding and repair facilities.
(Sec. 334) Authorizes the EPA Administrator or the governor of a State to transfer contaminated Federal property before the completion of required remedial actions under CERCLA if the Administrator or governor determines that the property is suitable for transfer and there are assurances that all remaining remedial actions will be taken following the transfer.
Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes a DOD agency or instrumentality that supports the operation of the military post exchange system or the morale, welfare, and recreation (MWR) system of DOD to contract with another DOD department, agency, or instrumentality or another Federal agency to provide goods and services beneficial to the efficient management and operation of the post exchange or MWR systems.
(Sec. 342) Allows the Secretary to use other-than-competitive procurement procedures in the procurement of a brand-name commercial item for resale in commissary stores only when such item is regularly sold outside of commissary stores under the same brand name.
(Sec. 343) Prohibits the Secretary from permitting the sale or rental of sexually explicit material on property under the jurisdiction of DOD. Prohibits a member of the armed forces or a DOD civilian officer or employee acting in their official capacity from making such items available to another person.
Subtitle E: Performance of Functions by Private-Sector Sources - Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through FY 1997 the requirement for the competitive procurement by DOD of necessary printing and duplication services. Revises a reporting requirement concerning compliance with such procurement.
(Sec. 352) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1998 the duration (and related reporting requirement) of a demonstration project for the purchase of fire, security, police, public works, and utility services from local governmental agencies.
Subtitle F: Other Matters - Authorizes DOD recruitment funds to be expended for small meals and refreshments provided to specified individuals during personnel recruiting functions.
(Sec. 362) Authorizes military personnel to use non-Government facilities for training activities.
(Sec. 363) Directs the Secretary to submit to the Congress a plan to improve the management and performance of the industrial, commercial, and support-type activities of the military departments or defense agencies that are currently managed through the Defense Business Operations Fund. Terminates such Fund on October 1, 1999, unless a plan has been submitted and the Congress has enacted legislation approving such plan.
Directs the Secretary to make available to the Comptroller General information used to establish the charges for goods and services to be provided by working-capital funds and industrial, commercial, and support type activities managed through the Fund. Requires the Comptroller General to conduct an annual review of the adequacy of the basis of such charges, and report to the Congress the review results.
(Sec. 364) Increases from $50,000 to $100,000 the capital asset threshold under such Fund.
(Sec. 365) Authorizes the Secretary (currently, the Secretary of each military department) to donate food to charitable nonprofit food banks, State and local agencies, veterans' organization units, and nonprofit organizations that provide care for homeless veterans and are designated by the Secretary as authorized to receive such donations.
(Sec. 366) Expands the assistance authorized to be provided by the Secretary to the Inaugural Committee to include planning and assistance with respect to security and ceremonial activities, as well as any other appropriate assistance. (Currently, only the loan of equipment is authorized.) Adds a congressional joint committee as an authorized recipient of such assistance.
(Sec. 367) Allows the Secretary, at the request of an appropriate Federal, State, or local agency responsible for providing law enforcement, security, or safety services, to authorize the commander of a military installation or other DOD facility, or the commander of a specified or unified combatant command, to provide assistance for the World Cup Games, the Goodwill Games, the Olympics, and any other major civilian sporting event in support of essential security and safety at such event, but only if the Attorney General certifies that such assistance is necessary to meet essential security and safety needs. Excludes the Special Olympics and Paralympics from such authorized assistance. Directs the Secretary to report to the Congress on any such assistance provided.
(Sec. 368) Provides that, in lieu of the transportation allowance authorized for military personnel making a change of duty station to a foreign country, the member may elect to have the vehicle stored at U.S. expense when the government of such foreign country precludes entry of such vehicle there or requires extensive vehicle modification before permitting such entry. Allows such vehicle storage in the case of members transferred or assigned to a station other than their permanent duty station for more than 30 days in connection with a contingency operation.
(Sec. 369) Empowers the Secretary with jurisdiction, custody, and control over the National Capitol Region (currently, over the Pentagon Reservation).
(Sec. 370) Authorizes the Superintendent of the Naval Academy to administer a nonappropriated fund account for the midshipmen's store, specified shops, and the laundry and dairy.
(Sec. 371) Amends the National Defense Authorization Act for Fiscal Year 1995 to authorize the Secretary to provide instruction, under various types of reimbursable bases, for civilian students at the Foreign Language Institute of the Defense Language Institute.
(Sec. 372) Earmarks funds authorized under this title for assistance to local educational agencies which benefit the dependents of military personnel and civilian DOD employees. Requires the Secretary to notify each agency eligible for such assistance.
(Sec. 373) Authorizes the Secretary to transfer DOD funds to the Administrator of General Services (GSA) for the renovation of Building One at Fort Benjamin Harrison, Indiana, for use as a Defense Finance and Accounting Service Center.
(Sec. 374) Authorizes the Secretaries of Transportation and the military departments to each carry out a food donation pilot program at the service academy under the Secretary's jurisdiction. Requires interim and final reports from each Secretary carrying out such a program.
(Sec. 375) Authorizes the Nebraska Air National Guard, under specified agreement conditions, to provide fire protection and rescue services relating to aircraft at Lincoln Municipal Airport in Lincoln, Nebraska.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of the end of FY 1997.
(Sec. 402) Requires the annual DOD budget to include sufficient amounts in end strength levels to support two major regional contingencies simultaneously. Prohibits any reduction in such amounts unless specifically authorized by law.
(Sec. 403) Provides for the authorized end strengths for active-duty commissioned officers in grades O-4 through O-6, effective as of September 1, 1997.
(Sec. 404) Extends through FY 2000 the requirement for recommendations to the Secretary for appointments to joint 4-star officer positions.
(Sec. 405) Increases from 68 to 80 the authorized number of active-duty general officers in the Marine Corps.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1997 for members of the Selected Reserve, reserve personnel on active duty in support of the reserves, and military technicians serving in the reserves. Requires specified information concerning the military technicians to be included in annual end strength authorization requests. Requires the Secretary to provide written justification when requesting a reduction in the number of reserve military technicians within an annual end strength request.
(Sec. 414) Amends the Military Selective Service Act to provide that the total number of military personnel assigned to the Selective Service System at any time may not be less than the amount determined necessary by the Director of the System, but not to exceed 745 persons, with a waiver of such limitation by the President during a time of war or national emergency.
Subtitle C: Authorization of Appropriations - Authorizes appropriations to DOD for FY 1997 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Provides the Chief of Naval Research the rank of rear admiral (upper half), unless appointed to a higher grade under another provision of law.
(Sec. 502) Requires the Chief of the Army Nurse Corps to be: (1) chosen from officers above the grade of lieutenant colonel (currently, major); and (2) appointed to the grade of brigadier general while holding such office if holding a lower regular grade at the time of appointment. Requires the Assistant Chief to be chosen from officers above the grade of lieutenant colonel.
Establishes the positions of Chief and Assistant Chief of the Air Force Nurse Corps, both to be chosen from officers above the grade of lieutenant colonel.
(Sec. 503) Makes permanent (currently terminates at the end of FY 1996) the authority for the temporary promotion of certain Navy lieutenants. Requires the advice and consent of the Senate with respect to such promotions.
(Sec. 504) Increases from three to eight years since graduation from an unaccredited educational institution the time period for such graduates to be considered educationally qualified for appointment as reserve officers in grade O-3.
(Sec. 505) Excepts from commissioned officer baccalaureate degree requirements the appointment in the Naval Reserve of an individual for service under the Seaman to Admiral Program.
(Sec. 506) Reduces from three to two years the minimum time in grade before chief warrant officers on the active-duty list may be considered for promotion. Authorizes the selection of chief warrant officers from below their promotion zone.
(Sec. 507) Provides service credit, for purposes of eligibility for retired or retainer pay, to Senior Reserve Officers' Training Corps (ROTC) cadets and midshipmen for service performed with the Selected Reserve on or after August 1, 1979.
(Sec. 508) Authorizes the Secretary of the Air Force, through FY 2003, to retain on the reserve active-status list any Air Force reserve officer who is designated as a judge advocate and who obtained the first professional degree in law while on an educational delay program subsequent to being commissioned through the ROTC. Limits to 50 the number of officers that may be so retained, and to three years the duration of such retention.
(Sec. 509) Directs the Secretary to submit to the Congress a semiannual report on the response to recommendations made by the DOD Inspector General for improvements to the DOD joint manpower process. Requires certain additional information to be included in the first such report. Requires the Comptroller General to assess the completeness and adequacy of the response actions taken by the Secretary.
(Sec. 510) Changes from at least semiannually to annually a required report from the Secretary to the Congress on promotion rate with regard to joint officer management policy objectives.
Subtitle B: Enlisted Personnel Policy - Authorizes the Secretary concerned to accept a reenlistment for: (1) a member who has less than ten years of service, for at least two but not more than six additional years; and (2) a member with at least ten years of service, for the above period or for an unspecified period.
(Sec. 512) Authorizes the Secretary concerned to extend the current 365-day period for a person entering into the delayed entry program for up to an additional 180 days when considered warranted.
Subtitle C: Activation and Recall - Provides specified limitations on the authority of the Secretary concerned to recall to active duty retired military personnel. Excludes from such recall authority officers retired under selective early retirement provisions. Limits the period of such recalled duty to no more than 12 months during the 24 months after recall. Provides for adjustments in retired grade for members recalled to active duty. Allows no more than 15 retired general officers of the Army, Air Force, and Marine Corps, and 15 retired flag officers of the Navy, to be serving on recalled active duty at any one time. Provides a waiver of such limitation during periods of war or national emergency.
(Sec. 522) Includes commissioned warrant officers within the definition of "active status" for purposes of the determination of duty status of members of the reserve or National Guard.
(Sec. 523) Repeals the requirement that members of the National Guard receive a physical when called into, and mustered out of, Federal service, except when mobilized for a contingency operation or national emergency.
Subtitle D: Reserve Component Retirement - Increases from 60 to 75 the annual limit on the number of days of inactive duty training that will be creditable towards retirement under the reserve retirement system. Requires each military department Secretary to implement a system to monitor the award of retirement points. Requires the Secretary to submit to the Congress recommendations with regard to the adoption of specified reserve retirement initiatives as presented in a certain report.
(Sec. 532) Entitles reserve enlisted personnel in the Army, Navy, and Air Force to be retired in the highest enlisted grade in which such member served satisfactorily on active duty even though, at the time of retirement, such member is at a lower grade than the grade held while serving on active duty, as long as such reduced grade was not the result of member misconduct. Provides for the computation in each military department of retired and retainer pay based upon such higher grade.
(Sec. 533) Authorizes reserve personnel within two years of retirement eligibility to waive the prohibition against the involuntary release of such members within such period.
(Sec. 534) Provides for the retirement of reserve personnel disabled by injury or disease incurred or aggravated while remaining overnight between inactive duty training periods.
Subtitle E: Other Reserve Component Matters - Allows reserve officers ordered to active duty to be provided training and professional development opportunities consistent with those provided to other members serving on active duty, as the Secretary concerned sees fit.
(Sec. 542) States that a member of the Individual Ready Reserve who becomes a member of the Selected Reserve shall not be denied eligibility to purchase insurance under the Ready Reserve Mobilization Income Insurance Program unless such member previously declined to participate in such Program.
(Sec. 543) Provides reserve service credit, with limitations, for certain members of the Selected Reserve participating in the Armed Forces Health Professions Scholarship and Financial Assistance Program.
(Sec. 544) Amends the Reserve Officer Personnel Management Act to allow an individual who has completed at least six months, but less than three years, of satisfactory service as an adjutant or assistant adjutant general to be retired in the higher grade of such position, notwithstanding that the individual has not completed three years of such service (the amount normally required for retirement in a grade). Provides grade recognition, for retirement purposes, for other individuals promoted to higher positions who did not serve in such positions, but instead served in other positions for which the promoted grade is the minimum authorized for the position in which the person actually served.
(Sec. 545) Directs the Secretary to report to the defense committees on the appropriate number of active duty personnel to serve as advisers in support of the reserve pilot program.
(Sec. 546) Expresses congressional recognition of the need to provide job protection assistance to reserve personnel residing in foreign countries and working for either U.S. companies maintaining offices in such country or for foreign employers. Directs the Secretary to report to the defense committees on recommended actions to alleviate the reemployment problems encountered by such reservists.
(Sec. 547) Directs the Secretary to prescribe regulations which specify the premium payment procedures under the mobilization income insurance program for certain personnel who do not receive pay on a monthly basis.
Subtitle F: Officer Education Programs - Requires an educational institution at which a unit of Senior ROTC advanced training program has been established to give enrollment priority to such ROTC students. Provides that a person unqualified for advanced training due to a lack of meeting prescribed requirements shall not be permitted to participate in field training, a practice cruise, or practical military training.
(Sec. 552) Prohibits the Secretary of the Army from reorganizing the Army ROTC Cadet Command or terminating specified Senior ROTC units until after such Secretary submits to the defense and appropriations committees a report concerning such reorganization or terminations.
(Sec. 553) Directs the Secretary to authorize the Secretary concerned to carry out a test program to determine the desirability of providing ROTC advanced training assistance to a student enrolled in an advanced education program beyond the baccalaureate level if such student is also a cadet or midshipman in an advanced training program. Prohibits any such assistance after FY 1999. Requires a results report from the Secretary to the Congress.
(Sec. 554) Directs the Secretary of the Army to carry out a demonstration project assessing the feasibility and advisability of providing instruction and other support to units of the Army Senior ROTC through members of the Army Reserve and Army National Guard. Requires annual reports on such project from the Secretary to the Congress in 1998 and 1999. Terminates such authority three years after the enactment of this Act.
(Sec. 555) Extends the maximum age limit for original appointment to the: (1) Senior ROTC, to less than 27 years of age; and (2) military service academies, to less than 23 years of age.
(Sec. 556) Makes certain ROTC participants eligible for educational benefits under the veterans' basic educational assistance program.
(Sec. 557) Directs the Comptroller General to submit to the defense committees a report on the cost and policy implications of permitting up to five percent of military service academy graduates to be assigned directly to reserve duty upon graduation.
Subtitle G: Decorations and Awards - Authorizes the President, notwithstanding specified time limitations, to award the Medal of Honor to specified individuals for acts of heroism while serving in the U.S. Army during World War II.
(Sec. 562) Waives a statutory time limit with respect to the award of the Distinguished Flying Cross to specified individuals for the successful completion of combat missions.
(Sec. 563) Authorizes the Secretary of the Army to replace any World War II decoration known as the American Theater Campaign Ribbon for persons listed in a specified Army document.
Subtitle H: Other Matters - Directs the Secretary to ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members under their jurisdiction, such training to include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to "hate group" activity. Requires that each individual entering the armed forces be provided information related to the equal protection and civil liberties guarantees of the Constitution. Directs the Secretary to: (1) carry out an annual survey to measure the state of racial, ethnic, and gender issues and discrimination among active-duty military personnel and the extent of any "hate group" activity; and (2) report survey results to the Congress.
(Sec. 572) Provides disability coverage for military personnel granted excess leave either for emergency purposes or to participate in an educational program. Entitles such members to: (1) placement on the temporary disability retirement list; or (2) separation from the armed forces.
(Sec. 573) Authorizes reserve judge advocates not on active duty to act as notaries public.
(Sec. 574) Directs the Secretary to establish a panel to review the various authorities for court-martial and non-judicial punishment jurisdiction for the National Guard when not in the Federal service. Requires a report: (1) from the panel to the Secretary; and (2) from the Secretary to the Congress.
(Sec. 575) Makes permanent the current conditional authority to expand the DOD law enforcement personnel placement assistance program to include fire fighters.
(Sec. 576) Reduces from five to two school years the period in which an individual must agree to be employed as a teacher or teacher's aide after receiving financial assistance from the Secretary to obtain certification and employment in such capacity. Reduces the amount required to be paid by the Secretary concerned to the local educational agency as part of the salary of such teachers or teacher's aides. Provides such financial assistance to separated military personnel and separated civilian DOD employees.
(Sec. 577) Authorizes a member to be retired in the grade in which such member was selected for promotion when a physical examination for such promotion reveals a disability.
(Sec. 578) Repeals the applicability of military missing person provisions to DOD civilian and contractor employees who accompany an armed force into action. Increases from 48 hours to ten days after a unit commander concludes that a person may qualify for a missing status the time period permitted prior to a required preliminary report to the Secretary concerned on such person's status. Requires subsequent reviews concerning a person's declared status to be made upon receipt of information that may result in a change of such status.
(Currently, such reviews are required every three years.) Repeals: (1) statutory penalties for the wrongful withholding of information as to a person's status; and (2) the inclusion of certain information upon a determination of death of a missing person.
Subtitle I: Commissioned Corps of the Public Health Service - Applies to an officer in the Commissioned Corps of the Public Health Service (PHS) a current prohibition against crediting enlisted service performed as a cadet or midshipman as service as an officer in the armed forces.
(Sec. 582) Amends the Public Health Service Act to exclude PHS officers assigned to duty in DOD from the limitation on the number of such officers authorized to serve on active duty.
(Sec. 583) Authorizes the provision of legal assistance services to PHS officers who are on active duty or entitled to retired or equivalent pay.
Title VI: Compensation and Other Personnel Benefits - Subtitle A:
Pay and Allowances - Waives any FY 1997 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 3.0 percent, effective on January 1, 1997, the rate of basic pay and basic allowance for subsistence. Increases the rate of basic allowance for quarters (BAQ) by 4.6 percent, effective on the same date.
(Sec. 602) Repeals the requirement that the rates of monthly midshipman and cadet pay be adjusted in the same manner and time as the rates of monthly basic pay to military personnel.
(Sec. 603) Authorizes senior noncommissioned officers who are hospitalized to continue to be entitled to basic pay for up to 180 days after the commencement of such hospitalization.
(Sec. 604) Authorizes the Secretary to pay a BAQ for a member who is without dependents, serving in pay grade E-5, and assigned to sea duty. Authorizes the payment of a BAQ to two members in pay grades below E-5 who are married to each other without dependents and simultaneously assigned to sea duty.
(Sec. 606) Revises the formula for the determination of the minimum monthly amount of variable housing allowance for members living in areas of high housing costs. Directs the Secretary to establish an adequate housing allowance floor for members in an area as a selected percentage, not to exceed 85 percent, of the cost of adequate housing in that area, based on an index of local housing costs selected by the Secretary.
(Sec. 607) Authorizes a family separation allowance for a member who is separated from a spouse who is also a member of the armed forces if the member has no dependents and the two members were residing together immediately before such separation.
(Sec. 608) Authorizes the Comptroller General to waive certain time limitations with respect to claims for military pay or allowances of $25,000 or less.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1998 specified authorities currently scheduled to expire at the end of FY 1997 with respect to certain special pay and bonus programs within the regular and reserve armed forces. Repeals the requirement limiting special pay for optometrists to those serving in the armed forces (thereby qualifying PHS optometrists for such pay). Increases the variable, additional, and board certified special pays for active-duty dental officers, and creates a monthly special pay for reserve dental officers. Provides, beginning on the date of enactment of this Act and ending on September 30, 2002, an accession bonus of up to $30,000 for dental school graduates who accept a commission as an officer in the armed forces and remain on active duty for at least four years. Provides bonus eligibility requirements, limitations, and conditions. Requires a report from the Secretary to the Congress on the feasibility of increasing the number of persons enrolled in the Armed Forces Health Professions Scholarship and Financial Assistance Program who are pursuing dentistry studies in anticipation of service as a dental officer in the armed forces. Authorizes the payment of foreign language proficiency pay for officers of the PHS and the National Oceanic and Atmospheric Administration. (Currently, such pay is limited to officers in the armed forces.)
Subtitle C: Travel and Transportation Allowances - Revises the transportation allowance permitted for the shipment of a motor vehicle of a member who is traveling between duty stations.
(Sec. 622) Increases the dislocation allowance to two and a half months (currently, only two) of the BAQ.
(Sec. 623) Provides an allowance for travel performed in connection with military leave between consecutive overseas tours of duty.
(Sec. 624) Provides funding for the transportation of household effects of members of the Commissioned Corps of the PHS.
Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Repeals a provision providing a conditional effective date for the FY 1998 military retirement pay cost-of-living adjustments (COLAs).
(Sec. 632) Revises the formula for the determination of the first COLA after retirement from the armed forces with and without intervening increases in basic pay. Provides a first COLA adjustment for members retiring with retired pay computed on a high-three system (highest three years of pay or grade achieved).
(Sec. 633) Directs the Secretary to develop uniform procedures under which the Secretary of a military department may cause to be forfeited the retired pay of members or former members who are absent from the United States in order to avoid criminal prosecution or civil liability. Requires a report to the Congress.
(Sec. 634) Recodifies and restates, without substantive changes, Federal provisions relating to the Survivor Benefit Plan (SBP) for survivors and dependents of military personnel.
(Sec. 635) States that SBP COLAs shall become effective concurrently with the payment of related military retirement pay COLAs.
(Sec. 636) Authorizes service of process by facsimile or electronic transmission with respect to payment of retired or retainer pay to a spouse or dependent pursuant to court orders.
(Sec. 637) Amends Federal employee provisions to provide that if, after January 1, 1997, a DOD employee or member of the armed forces waives his or her military retired pay that is subject to a court order (for support or alimony payments), then the military service on which the retired pay is based may be credited as service for civil service retirement purposes only if the employee or member authorizes the withholding of the same amount of annuity and spousal payments that would have been deducted and paid from the military retired pay.
(Sec. 638) Increases the annual income limitation, for purposes of eligibility for supplemental income, for certain spouses (so-called minimum income widows) of former military personnel. Requires payment of retirement benefits to such widows to be made by the Secretary of Veterans Affairs, authorizing such Secretary to combine into a single monthly sum such payment and any other veterans' benefit payment due such widow
Subtitle E: Other Matters - Authorizes a member or former member, subject to specified conditions and restrictions, to transfer or assign such member's retired or retainer pay account when it becomes due and payable for the payment of any financial obligations.
(Sec. 652) Authorizes military personnel and members of the Coast Guard to be reimbursed for adoption expenses incurred through any adoption source (private source) if the adoption is supervised by a court under a State or local law.
(Sec. 653) Authorizes the withholding for Federal income tax purposes of amounts from the separation pay received by involuntarily separated military personnel.
(Sec. 656) Directs the Secretary concerned to make payments to persons who received the prisoner of war medal but have not received compensation payments with respect to the period of internment as a prisoner.
(Sec. 657) Directs the Secretary to make a payment to any person who demonstrates that he or she was captured and incarcerated by the Democratic Republic of Vietnam after having entered into Vietnam under OPLAN 34A, or Laos under OPLAN 35, pursuant to certain Vietnamese commando operations. Makes such payment: (1) $40,000; or (2) $50,000, for persons who can demonstrate having spent more than 20 years in prison. Provides time limitations with respect to the application for such payment. Requires disbursement of such payments to be made in the United States or one of its territories. Makes such payments: (1) subject to the availability of appropriations for such purpose; and (2) in full satisfaction of any claims that such individuals may have against the United States. Requires periodic reports from the Secretary to the Congress on the payment of such claims.
Title VII: Health Care Provisions - Subtitle A: Health Care Services - Entitles members and former members entitled to medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), as well as their dependents, to preventive health care screening for colon or prostate cancer.
(Sec. 702) Revises the implementation deadline with respect to the requirement for a Selected Reserve dental insurance plan.
(Sec. 703) Provides a dental insurance plan for: (1) members and former members entitled to retired pay; (2) members of the Retired Reserve who would be eligible for such pay except for being under 60 years of age; and (3) eligible dependents of (1) and (2), above. Outlines provisions concerning premiums, benefits, and coverage. Provides for the continuation during the enrollment period of benefits to dependents upon the death of the enrollee.
(Sec. 704) Directs the Secretary to develop a plan for health care coverage for children of military personnel who have a congenital defect or catastrophic illness proven to have resulted from exposure of the parent to a chemical warfare agent or other hazardous material during active military service. Requires such plan to be submitted to the Congress.
Subtitle B: TRICARE Program - Allows covered payments under CHAMPUS to exceed currently authorized amounts when enrollees in managed care programs obtain covered services (currently, covered emergency services) from nonparticipating providers.
(Sec. 712) Directs the Secretary to ensure that the Composite Health Care system being developed by DOD provides for uniform interfaces between information systems of military treatment facilities and private contractors under TRICARE programs (DOD managed health care programs). Directs the Secretary to amend each current TRICARE contract to assure such system compatibility.
(Sec. 713) Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly submit to the Congress and the President a report regarding: (1) the establishment of a demonstration program under which military retirees who are eligible for Medicare (title XVIII of the Social Security Act) are permitted to be enrolled in the managed care option of TRICARE and the HHS Secretary reimburses the Secretary for the cost of providing such care; and (2) the feasibility and advisability of expanding the demonstration program to allow DOD reimbursement on a fee-for-service basis.
Subtitle C: Uniformed Services Treatment Facilities - Requires the health care system of the uniformed services to include the designated providers (nonprofit private entities that were transferees of a PHS hospital under prior law and were deemed to be a facility of the uniformed services). Directs the Secretary to negotiate and enter into an agreement with each designated provider under which such provider shall provide managed health care services to covered CHAMPUS beneficiaries who enroll with such provider. Provides for the temporary continuation of existing participation agreements until the enactment of this Act. Requires provider compliance with applicable administrative requirements.
(Sec. 723) Requires a designated provider, by a conditional date, to offer its enrollees the maximum allowable payments to individual health care providers under CHAMPUS.
(Sec. 724) Provides that, during FY 1997, the number of covered beneficiaries who are enrolled in managed care plans offered by designated providers may not exceed the number of such enrollees as of October 1, 1995. Authorizes the Secretary to waive such limitation under certain circumstances. Provides a permanent limitation on the number of such enrollees, after FY 1997, of no more than 110 percent of the number of such enrollees as of the first day of the immediately preceding fiscal year. Provides for the retention of current enrollees of designated providers. Provides additional enrollment authority, as well as a special rule for Medicare-eligible beneficiaries. Requires the Secretary to provide a designated provider with an accurate list of covered beneficiaries within the marketing area of the designated provider to whom such provider may offer enrollment.
(Sec. 725) Directs the Secretary to require a private health care facility or provider under CHAMPUS to apply the CHAMPUS payment rules in imposing charges for health care that such facility or provider provides to enrollees of a designated provider. Allows such payment rules to be subject to such modifications as the Secretary deems appropriate.
(Sec. 726) Requires the form of payment for health care services provided by a designated provider to be full risk capitation, with a limitation on total capitation payments to a designated provider. Directs the Secretary and a designated provider to establish capitation payments on an annual basis, subject to periodic review, allowing the Secretary and the designated provider to mutually agree upon a new basis for calculating such payments after FY 1999.
(Sec. 727) Repeals specified authorities made inconsistent by changes made under this Subtitle.
Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Authorizes the Secretary to waive the normal CHAMPUS exclusion of nonmedically necessary care and treatment from covered services in the case of clinical trials sponsored or approved by the National Institutes of Health, if the Secretary determines that such waiver will promote access by covered beneficiaries to promising new treatments and contribute to the development of such treatments.
(Sec. 732) Allows the Secretary to authorize the commander of a facility of the uniformed services, the lead agent of such facility, and the facility health care contractor to modify the CHAMPUS payment limitations for certain health care providers when necessary to ensure both the availability of certain services for covered beneficiaries and costs lower than standard costs under CHAMPUS for the required services.
(Sec. 733) Credits refunds and other amounts collected in the administration of CHAMPUS to the appropriation supporting the program in the year in which the amount is collected.
(Sec. 734) Provides that a covered beneficiary enrolled in a DOD-managed health care plan for the provision of health care or services shall not be required to obtain a nonavailability-of-health-care statement as a condition for the receipt of health care.
(Sec. 735) Expands the authority of CHAMPUS to collect reimbursement for services from third-party payers to include among authorized payers: (1) a workers' compensation program or plan; and (2) a plan providing personal injury protection or medical payments benefits in cases involving personal injuries resulting from the operation of a motor vehicle.
Subtitle E: Other Matters - Amends provisions describing the Armed Forces Health Professions Scholarship and Financial Assistance Program to allow a member of the Program who is relieved of their active duty service obligation before its completion to be given alternative obligations, including service in another branch of the armed forces for the appropriate period of time, reserve service, service as a civilian health care employee of a military medical facility, or repayment of a percentage of the contribution made toward such person's education. Provides identical alternatives for graduates of the Uniformed Services University of the Health Sciences who are relieved before completion of their active-duty service obligation. Provides transition provisions and a reporting requirement.
(Sec. 742) Directs the Secretary to establish a peer review process in the case of medical research projects conducted through the defense health program when such projects involve human subjects. Exempts certain projects from such peer review requirements.
(Sec. 743) Directs the Secretary to provide for scientific research by independent entities on possible causal relationships between "Gulf War syndrome" and the possible exposure of military personnel to chemical warfare agents or other hazardous materials during Gulf War service, as well as the use by DOD during such War of inoculations and investigational new drugs. Outlines procedures for awarding grants, and earmarks funds, for such research.
(Sec. 744) Directs the Comptroller General to analyze the effectiveness of medical research and clinical care programs of DOD that relate to Persian Gulf illnesses, including the use of investigational new drugs, and to report study results to the Congress.
(Sec. 745) Directs the Secretary to report to the Congress evaluating the impact on the military health care system of limiting the service area of a facility designated as a specialized treatment facility to not more than 100 miles from such facility.
(Sec. 746) Directs the Secretary to conduct a study of, and report to the Congress on, means to improve uniformity in the provision of medical and dental care to specified members of reserve components.
(Sec. 747) Expresses the sense of the Congress that the Secretary should work with the Secretary of the Treasury to interpret the tax treatment of assistance provided to individuals under the Armed Forces Health Professions Scholarship and Financial Assistance Program.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Management - Earmarks funds authorized under this Act for DOD procurement technical assistance programs.
(Sec. 802) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1998 the Mentor-Protege pilot program.
(Sec. 803) Authorizes the Secretary to waive the following requirements for any defense acquisition program designated for participation in the defense acquisition pilot program under the National Defense Authorization Act for Fiscal Year 1991: (1) operational test and evaluation, if the Secretary determines that such test would be unreasonably expensive or impractical, develops a suitable alternative test, and reports to the defense and appropriations committees on such actions; (2) contractor guarantees, if an alternative guarantee is used that ensures high quality weapon systems; and (3) selected acquisition reports, if the Secretary provides a single annual report to the Congress at the end of each fiscal year that describes the program's status in relation to its baseline description.
(Sec. 804) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the Secretary of a military department or a designee to carry out prototype projects directly relevant to proposed weapons or weapon systems. Extends through FY 1999 the authority to carry out such projects.
(Sec. 805) Increases the procurement thresholds for major systems of DOD, authorizing the Secretary to increase such amounts on the basis of DOD escalation rates.
(Sec. 806) Requires information concerning the current procurement unit cost and the history of such cost to be included in required selected acquisition reports with respect to major defense acquisition programs.
(Sec. 807) Authorizes double the amount of the normal simplified acquisition threshold amount, for DOD as well as other Federal agencies, to be expended for a humanitarian or peacekeeping operation.
(Sec. 808) Revises requirements with respect to audits of indirect costs under a military or defense agency acquisition contract. Requires the Director of the Office of Management and Budget (OMB) to issue guidelines to ensure that an audit of indirect costs performed by the Federal Government is accepted by State and local governments that receive Federal funds under contracts, grants, or Federal assistance programs.
(Sec. 809) Makes unallowable during FY 1997 as covered costs under a Federal or defense contract compensation costs of contracting officers to the extent that the total compensation paid in a fiscal year to such individual exceeds $250,000. Directs the Administrator for Federal Procurement Policy to conduct a review of the levels of compensation received by senior executives of corporations performing a significant amount of business with the Federal Government in order to determine the appropriate cost allowability in such area. Directs the President to submit to the Congress a legislative proposal incorporating the conclusions reached after such review and establishing a statutory Government standard limiting such costs.
Subtitle B: Other Matters - Prohibits DOD or defense agency acquisition contract proposals from being required to be made public.
(Sec. 822) Amends the: (1) Office of Federal Procurement Policy Act to make annual (currently, semiannual) certain reports concerning the development of procurement regulations; and (2) Federal Property and Administrative Services Act of 1949 to authorize the Administrator of Federal Procurement Policy to enter into contracts for periods not exceeding five (currently, three) years for the inspection, maintenance, and repair of fixed equipment in Federal buildings.
(Sec. 824) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to eliminate certain notice requirements for defense contractors and employees in the event of termination or substantial reductions in contracts under major defense programs.
(Sec. 825) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal certain notification requirements for substantially or seriously affected parties during DOD reduction or downsizing efforts and activities.
(Sec. 826) Directs the Secretary to conduct a study of the effectiveness of defense-sector mergers and acquisitions. Requires a report on study results.
(Sec. 827) Directs the Secretary to report annually to the Congress on the amount of purchases by DOD from foreign entities in that fiscal year.
(Sec. 828) Authorizes the Secretary of the military department concerned to waive a prohibition against awarding a contract under a national security program to an entity controlled by a foreign government in the case of a Department of Energy (DOE) contract for environmental restoration, remediation, or waste management at a DOE facility if: (1) such Secretary determines that such waiver will advance DOE objectives while not harming U.S. national security interests; and (2) the foreign government involved is authorized to exchange restricted data with the United States under provisions of the Atomic Energy Act of 1954. Requires congressional notification of the use of any such waiver.
(Sec. 829) Repeals specified provisions relating to program requirements and administration of a national defense program for analysis of the national defense technology and industrial base (base). Directs the Secretary to annually prepare selected assessments of the capability of such base to attain required national security objectives. Requires consideration of such assessments to be integrated into the overall budget, acquisition, and logistics support decision processes of DOD. Repeals the requirement of a periodic defense capability plan under such base. Directs the Secretary to prescribe developmental guidance for the attainment of specified national security objectives in connection with such base. Requires annual reports to the defense committees. Repeals superseded and inconsistent Federal provisions.
(Sec. 830) Directs the Secretary to include in currently-required report specified matters relating to information resources management by the Federal Government.
(Sec. 831) Directs the Secretary to ensure that all information technology acquired by DOD pursuant to contracts entered into after September 30, 1996, has the capabilities to process date and date-related data in 2000. Requires the Secretary to submit to the Congress a detailed plan for eliminating any deficiencies identified in an assessment of such technology.
(Sec. 832) Authorizes the Secretary, to the extent determined necessary to preserve the small arms production industrial base, to require that any procurement of property or services for the repair or modification of small arms for DOD be made only from a firm in the small arms production industrial base.
(Sec. 833) States that, as a result of a judicial advisory opinion rendered on the issue, cable television franchise agreements at military installations shall be considered contracts for purposes of the Federal Acquisition Regulation, thereby allowing cable television operators to recover their investment at such installation to the extent authorized in such Regulation.
Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Amends the National Defense Authorization Act for Fiscal Year 1996 to: (1) repeal a provision which requires a specified reduction in the number of authorized personnel positions in the Office of the Secretary of Defense (OSD); and (2) require additional reductions in FY 1996 and 1997 in the number of personnel in the defense acquisition workforce.
(Sec. 903) Provides that, effective October 1, 1999, the number of personnel assigned to the OSD as of October 1 of 1997 and 1998 may not exceed 85 and 80 percent, respectively, of the baseline number (the number of such personnel as of such date in 1994). Requires a yearly phasing-in of such reduction. Prohibits the Secretary from reassigning functions in order to evade such reduction requirements. Authorizes the waiver of such reductions in the national security interest.
(Sec. 904) Directs the Secretary to conduct, and report to the defense and appropriations committees on, a review of the size, mission, organization, and functions of the military department headquarters staffs. Requires the Secretary, as part of such review, to attempt to provide for significant reductions in the overall number of military and civilian personnel assigned to such staffs.
(Sec. 905) Outlines specified matters to be considered by the Chairman of the Joint Chiefs of Staff (JCS) in the next periodic review of the missions, responsibilities, and force structure of the unified combatant commands.
(Sec. 906) Authorizes the President, through the Secretary of Defense (currently, the Secretary of the Army) to assume control over transportation systems in times of war.
(Sec. 907) Codifies requirements provided under prior law with respect to the continued operation of the Uniformed Services University of the Health Sciences.
(Sec. 908) Directs the Secretary to ensure that certain oversight information provided by the Joint Requirements Oversight Council is made available in a timely fashion to the defense and appropriations committees.
(Sec. 909) Revises membership requirements for ammunition storage boards.
(Sec. 910) Removes the Secretary of the Army from membership on the Foreign Trade Zone Board.
(Sec. 911) Outlines membership requirements to be followed by the Secretary concerned who convenes an aircraft accident investigation board, with an exception to such requirements due to specified circumstances of the accident or its investigation. Requires congressional notification of any such waiver. Requires the Secretary, within 60 days of convening an accident investigation board, to determine whether such accident should be designated as Class A (loss of life, permanent disability, excess damage to or destruction of the aircraft involved).
(Sec. 912) Directs the Secretary to ensure that the activities of the White House Communications Agency (Agency) in providing support services for the President from funds appropriated to DOD for any fiscal year are limited to the provision of telecommunications support to the President and Vice President and related elements. Directs the Secretary to submit to the Congress a report setting forth the actions taken by the Secretary to address the issues raised by a report of the DOD Inspector General reviewing the mission of the Agency. Requires related quarterly reports.
Subtitle B: Force Structure Review - Military Force Structure Review Act of 1996 - Directs the Secretary to complete in 1997 a review of the U.S. defense program intended to satisfy the requirements for a quadrennial defense review. Requires the review to include a comprehensive examination of the defense strategy, force structure, force modernization plans, infrastructure, and other elements of the defense program and policy with a view toward determining and expressing the U.S. defense strategy and establishing a revised defense program through the year 2005. Requires the National Defense Panel to be apprised of any work undertaken under this Act. Requires an assessment of such review. Requires a report from the Secretary to the defense committees on review results and recommended actions.
(Sec. 924) Directs the Secretary to establish the National Defense Panel to: (1) conduct review assessments and assess alternative force structures; and (2) submit to the Secretary an independent assessment of possible military force structures through the year 2010 and beyond. Requires the Panel to: (1) examine specified potential threats to U.S. national security; and (2) report its findings and recommendations to the Secretary, who shall in turn submit such report to the defense committees.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer authorizations made available to DOD in this Division for FY 1997 between any such authorizations for that fiscal year, with a total transfer limit of $2 billion. Requires notification to the Congress of any such transfers.
(Sec. 1002) Incorporates into this Act the Classified Annex prepared in conjunction with this Act and transmitted to the President.
(Sec. 1003) Authorizes certain unauthorized FY 1996 defense appropriations to be obligated for DOD programs, projects, and activities in accordance with FY 1996 defense appropriations.
(Sec. 1004) Adjusts the amounts authorized to DOD for FY 1996 by the amount by which appropriations pursuant to such authorization were increased or decreased in the Omnibus Consolidated Rescissions and Appropriations Act of 1996.
(Sec. 1005) Provides the format for budget requests for: (1) Navy, Marine Corps, and Air Force ammunition accounts; and (2) the Defense Airborne Reconnaissance program.
(Sec. 1007) Allows FY 1997 DOD funds transferred to the Coast Guard to be used only for the performance of national security functions of the Coast Guard in support of DOD, requiring a certification of the proper use of such funds.
(Sec. 1008) Provides a Fisher House Trust Fund for the Navy, funds from which shall be used for the operation of Fisher houses (houses located near a military medical facility and used for the temporary lodging of patients of such facility and their immediate family).
(Sec. 1009) Provides for the designation and liability of Coast Guard disbursing and certifying officials. Places authority over such officials with the Department of Transportation when the Coast Guard is not operating as a service in the Navy.
(Sec. 1010) Authorizes the Secretary of Transportation to suspend an action by the Secretary to collect a claim against a deceased member of the Coast Guard when considered appropriate.
(Sec. 1011) Grants a DOD disbursing official with check cashing and other exchange authority at a Federal credit union operating at the request of the Secretary at a foreign U.S. military installation, but only if such country does not permit contractor-operated military banking facilities to operate on such installations.
Subtitle B: Naval Vessels and Shipyards - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal the requirement of the continuous applicability of phased maintenance contracts for AE-class ships.
(Sec. 1022) Allows funds from the National Defense Sealift Fund to be obligated for the purchase, construction, or conversion of a total of three ships to enhance Marine Corps prepositioning ship squadrons. Earmarks funds for such purpose.
(Sec. 1023) Directs the Secretary of the Navy to transfer: (1) six obsolete Navy tugboats to the Northeast Wisconsin Railroad Transportation Commission if such tugboats are not needed for transfer, donation, or other disposal under provisions of the Federal Property and Administrative Services Act of 1949; and (2) the U.S.S. Drum to Vallejo, California, after removing its reactor compartment and other classified and sensitive military equipment.
(Sec. 1025) Expresses the sense of the Congress that the Secretary should seek the expeditious return, upon completion of service, of the former USS LCS 102 from Thailand in order for such ship to be transferred to the United States Shipbuilding Museum in Quincy, Massachusetts.
Subtitle C: Counter-Drug Activities - Authorizes the Secretary during FY 1997 to provide additional counter-drug support to the Government of Mexico. Provides funding. Prohibits the obligation or expenditure of funds for such purpose until the Secretary makes a certification to specified congressional committees concerning authorized and prohibited uses of such support funds, as well as certain support from the Mexican government (security, the use of certain equipment and personnel).
(Sec. 1032) Earmarks funds for the use of two P-3B aircraft by U.S. departments and agencies outside of DOD for drug interdiction and counter-drug activities, with a certification requirement. Earmarks funds for the procurement of nonintrusive inspection devices.
(Sec. 1033) Authorizes the Secretary to transfer to Federal and State agencies excess personal property of DOD which is suitable for use in law enforcement activities, including counter-drug and counter-terrorism activities.
(Sec. 1034) Prohibits any Federal department or agency from selling any chemical which could be used in the manufacture of a controlled substance as defined under the Controlled Substance Act unless the Administrator of the Drug Enforcement Administration determines that there is no reasonable cause to believe that such sale would result in the illegal manufacture of a controlled substance.
Subtitle D: Reports and Studies - Directs the Secretary to submit to the Congress an annual report on Operations Provide Comfort and Enhanced Southern Watch. Terminates such reporting requirements upon the termination of U.S. involvement in such operations.
(Sec. 1042) Requires an annual report from the Secretary to the defense committees on emerging operational concepts.
(Sec. 1043) Expresses the sense of the Congress that DOD military and civilian child-care and youth program communities should develop partnerships with Federal, State, and local child-care facilities and youth programs, as well as businesses and communities involved in the provision of child-care services and youth programs. Requires a report from the Secretary to the Congress on any such partnerships or related initiatives undertaken by DOD.
(Sec. 1045) Amends the Arms Export Control Act to add certain required information to reports concerning government-to-government agreements for the coproduction of U.S. defense articles.
(Sec. 1046) Directs the Comptroller General to conduct a survey of, and report to the defense committees on, the policies and practices of the Naval Criminal Investigative Service with respect to the manner in which interviews of suspects and witnesses are conducted in connection with criminal investigations of allegations of contractor fraud.
(Sec. 1047) Directs the Secretary to report to the defense committees on the military readiness requirements of the active and reserve components of the armed forces. Directs the JCS Chairman to prepare such report.
(Sec. 1048) Directs the President to report to specified congressional committees on North Atlantic Treaty Organization (NATO) enlargement.
Subtitle E: Management of Armed Forces Retirement Home - Amends the Armed Forces Retirement Home Act of 1991 to: (1) authorize the chairman of the Retirement Home Board to appoint a member of such Board to a second consecutive term; (2) require Board members to continue to act in the duty capacity that they were assigned to while participating as a Board member; and (3) require the Board chairman to annually evaluate each director of the individual establishments of the Retirement Home.
(Sec. 1052) Authorizes the Board chairman or the director of an individual establishment of the Home to accept voluntary services from any person, unless such services are disapproved by the Board. Authorizes such chairman or director to recruit and train persons to provide such services. Allows for the reimbursement of incidental expenses of such volunteers.
(Sec. 1053) Authorizes the Board to dispose of a certain parcel of real property in the District of Columbia, under specified terms and conditions, including notification to the defense committees of the terms of the proposed disposal.
Subtitle F: Other Matters - Directs the President to report to the Congress the national policy for protecting the national information infrastructure against strategic attacks.
(Sec. 1062) Requires an allocation of funds for each of FY 1999 through 2002 for an information systems security program, such funds to be derived from amounts appropriated to DOD for the Defense Information Infrastructure for each of such years. Requires a report from the Secretary to the defense and appropriations committees on DOD information security activities.
(Sec. 1063) Authorizes DOD to accept from any foreign government or international organization any contribution of services for use by DOD.
(Sec. 1064) Prohibits any Federal department or agency from licensing the collection or dissemination by any non-Federal entity of, or from declassifying or otherwise releasing, satellite imagery with respect to Israel unless such imagery is no more detailed or precise than imagery of such country that is routinely available from public sources.
(Sec. 1065) Authorizes the Secretary to accept foreign gifts or donations to defray the cost or enhance the operation of the George C. Marshall European Center for Strategic Security Studies. Requires notification to the Congress if such contributions exceed $2 million in any fiscal year. Authorizes the Secretary to allow participation by a European or Eurasian nation in Center programs, under specified conditions. Waives certain financial disclosure requirements with respect to U.S. citizens serving without compensation on the Marshall Center Board of Visitors.
(Sec. 1066) Authorizes the Speaker of the House and the President pro tempore of the Senate to jointly present a bronze medal (previously awarded only to military personnel) to certain civilian participants in the defense of Pearl Harbor. Authorizes appropriations. Makes such authority effective as of November 5, 1990.
(Sec. 1067) Increases the penalties for certain traffic offenses committed on military installations.
(Sec. 1068) Amends the Uniform Code of Military Justice (UCMJ) to except from the competitive service appointments to certain nonattorney positions on the U.S. Court of Appeals for the Armed Forces. Repeals a 13-year term limit provided to one of the two judges appointed to such Court when the Court was expanded on October 1, 1990 (making such term seven years).
(Sec. 1069) Amends the Federal criminal code to prescribe penalties upon anyone who, with the intent to injure or harass another person, travels across a State line or within the special maritime and territorial jurisdiction of the United States.
(Sec. 1070) Directs the Secretary to prepare and implement an incentive-based plan to encourage military personnel and their dependents, DOD civilian employees, and employees of defense contractors performing work at military installations to report to the appropriate military law enforcement agency any crime or criminal activity that such person reasonably believes to have occurred on such installation. Provides a plan implementation reporting requirement.
(Sec. 1071) Prohibits DOD funds from being used to prescribe or enforce any rule that arbitrarily excludes the official flag of any U.S. State, territory, or possession from any display at an official ceremony of DOD.
(Sec. 1072) Requires excess DOD operational support airlift aircraft to be inactivated and stored at Davis-Monthan Air Force Base, Arizona, only upon the Secretary's determination that all reasonable efforts for the reutilization or sale of such aircraft have been completed. Provides a preference for the reutilization or sale of the entire aircraft over individual aircraft parts.
(Sec. 1073) Makes technical and clerical amendments with respect to statutory references to certain DOD organizations, funds, and commissions, Federal armed forces provisions, prior defense authorization Acts, and other Acts.
(Sec. 1075) Provides that if a member of the armed forces is injured or contracts a disease under circumstances creating a tort liability upon a third person, and such member is unable to perform his or her duties as a result of such injury or disease, then the United States shall have a right of recovery against such third person for the value of pay that accrues to such member for the period during which they are incapacitated.
(Sec. 1076) Directs the Secretary of the Army to report to the defense committees assessing the implementation and success of establishing site-specific Integrated Product and Process teams as a management tool for the Chemical Stockpile Emergency Preparedness Program.
(Sec. 1077) Amends the Home Owners' Loan Act to revise the exemption from qualified thrift lender requirements granted for specialized savings associations serving military personnel and their spouses, widows, and dependents.
(Sec. 1078) Amends the Department of Defense Appropriations Act, 1996, to repeal the proviso that any individual accepting a scholarship or fellowship from the National Security Education Trust Fund must agree to be employed by DOD or the Intelligence Community under Federal employment standards.
Amends the David L. Boren National Security Education Act of 1991 to require students receiving fellowships to obtain language skills of foreign countries critical to the United States to enter into an agreement to work for, and make their language skills available to, a Federal agency or office or work in higher education in the area of study for which their fellowship was awarded. Directs the National Security Education Board to award fellowships with a priority that favors individuals expressing an interest in national security issues or achieving a position having national security responsibilities. Directs the Secretary to report to the Congress on the effects of changes made under this section.
(Sec. 1079) Directs the Secretary to promptly indemnify the Secretary of Transportation for the amount of any loss covered by: (1) defense-related aviation insurance; or (2) vessel war risk insurance. Outlines provisions concerning: (1) sources of funding for such indemnification; and (2) required notification from the Secretary to the Congress for such losses in excess of $1 million. Limits payments to appropriate mortgage payments on such aircraft or vessels until such time as the claim involved is adjudicated and settled.
(Sec. 1080) Designates the memorial being constructed by the National D-Day Memorial Foundation in Bedford, Virginia, as the National D-Day Memorial.
(Sec. 1081) Expresses regret that Japan has refused to consider continuation of a government-to-government agreement to ensure continued cooperation in the semiconductor sector beyond the expiration of the Semiconductor Trade Agreement on July 31, 1996. Calls for the President to ensure the resumption and extension of such Agreement beyond such date.
(Sec. 1082) Authorizes the Secretary to enter into agreements with the governments of U.S. allies and other friendly foreign countries for the exchange of military and civilian personnel of DOD with similar personnel of such foreign governments.
(Sec. 1083) Expresses the sense of the Senate that the price of equipment transferred to Bosnia and Herzegovina under the Foreign Operations Act of 1996 shall not exceed the lowest level at which the same or similar equipment has been transferred to any other country under any other U.S. program.
(Sec. 1084) Directs the President to seek to have each nation increase its share of any common defense burden shared with the United States. Authorizes specified sanctions against nations failing to increase their shares. Requires a report from the Secretary to the Congress on any increased allied burdensharing received. Directs the President, in order to ensure the best allocation of budgetary resources, to undertake a review of, and report to the Congress on, the status of elements of U.S. armed forces that are permanently stationed outside the United States.
Title XI: National Imagery and Mapping Agency - National Imagery and Mapping Agency Act of 1996 - Requires the Secretary, before submitting a recommendation to the President regarding the appointment of the Director of the Defense Intelligence Agency, to consult with the Director of Central Intelligence regarding such recommendation.
Subtitle A: Establishment of Agency - Establishes in DOD the National Imagery and Mapping Agency (Agency). Transfers specified functions to the Agency from DOD and the Central Intelligence Agency (CIA). Requires the Secretary, in managing the establishment of the Agency, to ensure that imagery intelligence support provided to all-source analysis and production is not degraded or compromised.
(Sec. 1112) States that the Agency is a combat support agency of DOD with significant national missions. Designates a Director as head of the Agency. Requires the Agency to: (1) provide timely, relevant, and accurate imagery, imagery intelligence, and geospatial information in support of U.S. national security objectives; (2) improve the means of navigating vessels of the Navy and merchant marine; and (3) prepare and distribute maps, charts, and related products. Authorizes the Agency Director to use appropriated funds to provide foreign countries with imagery intelligence and geospatial information support. Requires support of Agency activities by the CIA, including administrative and contract services as well as the detail of appropriate personnel. Provides for the protection of Agency identifications (acronyms) and organizational information.
Provides Agency personnel management rights and responsibilities, including the right of the Director to terminate the inclusion of a position within a recognized labor bargaining unit due to the national security responsibilities of such position.
(Sec. 1113) Transfers personnel and assets of DOD and the CIA to the Agency to carry out Agency activities previously undertaken by such organizations.
(Sec. 1114) Amends the National Security Act of 1947 to include specified Agency functions and missions within the authority provided under such Act. Requires the Agency to support the imagery requirements of the Department of State and other Federal departments and agencies outside of DOD. Requires the review and correction of Agency capabilities to accomplish its assigned missions.
(Sec. 1115) Provides creditable civilian service for current Defense Mapping Agency employees who continue their service with the new Agency. Provides savings provisions.
(Sec. 1118) Authorizes appropriations to the Agency for FY 1997.
Subtitle B: Conforming Amendments and Effective Dates - Makes technical and conforming amendments necessitated by the creation of the Agency. Provides a conditional effective date.
Title XII: Reserve Forces Revitalization - Reserve Forces Revitalization Act of 1996 - Subtitle A: Reserve Component Structure - Directs the Secretary concerned to establish within the appropriate military department the Army, Naval, and Air Force Reserve Command, as well as the Marine Forces Reserve. Provides for a commander within each of the Commands and Reserve. Requires the Secretary of each military department (Commandant, with respect to the Marine Corps) to assign to their Command or Reserve all of their reserve forces other than those assigned to the unified combatant command for special operations forces. Requires an implementation schedule.
(Sec. 1212) Establishes an Office of Naval Reserve and an Office of Marine Forces Reserve, with specified duties for the Chief of each such Reserve. Provides reporting requirements. Provides budget and other functions for the Chiefs of the Army and Air Force Reserve.
(Sec. 1213) Requires the Secretary to report to the Congress on recommendations with respect to the review of active duty and reserve general and flag officer authorizations and distributions in grade, including possible exemption from active-duty end strength limitations for certain reserve general and flag officers serving on active duty. Requires the Secretary to ensure that the Reserve Forces Policy Board participates in the internal DOD process for the development of such recommendations. Requires the Comptroller General to review the procedure for the development of such recommendations, and report review results to the Congress.
(Sec. 1214) Defines Guard and Reserve technicians as Federal civilian employees who are required to maintain dual-status as drilling reserve members as a condition of Federal civilian employment.
Subtitle B: Reserve Component Accessibility - Directs the Secretary to report to the Congress regarding reserve component responsiveness to both domestic emergencies and national contingency operations, including matters relating to the authority of the President to call up reserve personnel for active duty, as well as procedures for the release from active duty of units and members of the reserves involuntarily called or ordered to active duty. Requires the Reserve Forces Policy Board to participate in such report process, with a required review and report by the Comptroller General.
(Sec. 1232) Requires the Secretary to submit to the Congress a report setting forth: (1) a draft of legislation to provide tax incentives to employers of members of the reserves which compensate such employers for the absence of such employees due to military commitments; (2) legislative recommendations for changes to the income insurance program for reserve personnel called or ordered to active duty; and (3) a draft of legislation to establish a small business loan program for reserve members who served on active duty during contingency operations and need such assistance to retain or rebuild small businesses affected by such service.
Subtitle C: Reserve Forces Sustainment - Requires the Secretary to present to the Congress a draft of legislation to restore the tax deductibility of nonreimbursable expenses incurred by reserve members in connection with military service.
(Sec. 1252) Codifies the annual authority of the Secretary concerned to pay transient housing expenses or to provide lodging in kind for reserve members performing active duty for training or inactive-duty training.
(Sec. 1253) Expresses the sense of the Congress that: (1) the United States should continue to pay reserve personnel appropriate quarters allowances during periods of service on active duty for training; (2) current reserve personnel military leave policies should not be changed; and (3) the Reserve Forces Policy Board and reserve forces policy committees should continue to provide DOD civilian leadership with independent advice on matters pertaining to the reserve components. Directs the Secretary to annually transmit to the President a separate report from the Board on DOD reserve programs, as well as any other appropriate matters.
(Sec. 1256) Directs the Secretary to report to the Congress recommendations for legislative changes to reduce the disparities in pay and benefits between active and reserve military personnel as a result of eligibility based on length of time on active duty.
(Sec. 1257) Directs the Secretary to specify, in each future-years defense program submitted to the Congress, the estimated expenditures and proposed appropriations for the procurement of equipment and for military construction for each of the Guard and reserve components.
Title XIII: Arms Control and Related Matters - Subtitle A: Arms Control, Counterproliferation Activities, and Related Matters - Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1997 certain nuclear counterproliferation authorities specified under such Act. Allows DOD to exceed the authorized level of funding for such activities during FY 1997 in the event of an unforeseen development, but only after the Secretary notifies the defense and appropriations committees of such development and of the intent to provide such assistance.
(Sec. 1302) Prohibits FY 1997 DOD funds from being obligated or expended for retiring or dismantling specified strategic nuclear delivery systems. Provides a waiver of such limitation if the START II Treaty enters into force during FY 1996 or 1997. Requires the Congress to be notified 30 days in advance of a substantial early deactivation of a strategic nuclear delivery system, even in the event of a waiver of such funding limitation. Directs the Secretary to maintain in active status the current fleet of B-52H bomber aircraft, and to treat the entire fleet of such aircraft as aircraft expected to be maintained in active status during the six-year period beginning on October 1, 1996, for purposes of upgrades to such aircraft.
(Sec. 1303) Amends the Export-Import Bank Act of 1945 to: (1) apply certain financing sanctions of such Act against persons (currently, only countries) that violate certain nuclear nonproliferation safeguards; and (2) provide that a Bank financing prohibition shall not be applied against a country or person aiding or abetting a non-nuclear weapon state if the President determines that such country or person has ceased to provide such aid and will not do so in the future. Directs the President to report to the Congress recommendations on ways to make U.S. laws more effective in controlling and preventing the proliferation of weapons of mass destruction (WMDs) and missiles.
(Sec. 1304) Authorizes the payment of certain personnel, equipment, services, and supplies expenses related to the provision by DOD of humanitarian and civic assistance.
(Sec. 1305) Directs the Secretary to prepare and present to the Congress a report on the future pattern of military modernization of the People's Republic of China.
(Sec. 1306) Expresses congressional concern regarding China's transfer of nuclear technology assistance to Iran and Pakistan, an action inconsistent with the guidelines of the Missile Technology Control Regime. Asks the President to communicate with China that the stability and growth of future relations between China and the United States depends upon Chinese cooperation in efforts to halt the global proliferation of WMDs and their means of delivery. Directs the President to report to the Congress concerning the transfer from China to Pakistan of technology, equipment, or materials important to the production of nuclear weapons and their means of delivery.
(Sec. 1307) Prohibits FY 1997 DOD funds, or any prior-year funds, from being obligated or expended for any activity associated with the United States-People's Republic of China Joint Defense Conversion Commission until 15 days after receipt by the Congress of a semiannual report required under the National Defense Authorization Act for Fiscal Year 1996.
(Sec. 1308) Expresses the sense of the Congress that: (1) establishing an international export control regime is critically important and should become a top priority for the United States; and (2) the United States should strongly encourage its allies and friendly nations to adopt a commodity control list which governs the same items as the U.S. list, to enforce such list, and to explore the use of unilateral export controls where the possibility exists that an export could contribute to the enhancement of military capabilities or proliferation.
(Sec. 1309) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) direct the Assistant Secretary of Defense for Nuclear and Chemical and Biological Defense Programs to serve as executive secretary to the Counterproliferation Program Review Committee created under such Act; (2) require such Committee to stem the proliferation of WMDs and to negate paramilitary and terrorist threats involving such weapons; and (3) extend through FY 2000 such Committee and their related reporting requirements.
(Sec. 1310) Expresses the sense of the Congress that the United States has a national security interest in assisting other countries to improve the security of their stocks of fissile material.
(Sec. 1311) Requires the Director of Central Intelligence to conduct a review of, and report to the Congress on, the underlying assumptions and conclusions of National Intelligence Estimate 95-19 concerning emerging missile threats to North America during the next 15 years.
Subtitle B: Commission to Assess the Ballistic Missile Threat to the United States - Establishes the Commission to Assess the Ballistic Missile Threat to the United States to assess the nature and magnitude of the existing and emerging ballistic missile threat to the United States. Requires a report from the Commission to the Congress on such assessment within six months after its first meeting. Provides Commission funding from FY 1997 DOD O&M funds. Terminates the Commission 60 days after its report.
Title XIV: Defense Against Weapons of Mass Destruction - Defense Against Weapons of Mass Destruction Act of 1996 - Subtitle A: Domestic Preparedness - Directs the President to take immediate action to: (1) enhance the Federal capability to prevent and respond to terrorist incidents involving WMDs; and (2) support State and local efforts to improve their response to such incidents. Requires a report from the President to the Congress.
(Sec. 1412) Directs the Secretary to carry out a program to provide civilian personnel of Federal, State, and local agencies who have emergency preparedness responsibilities with training and expert advice regarding emergency responses to a use or threatened use of a WMD or related materials. Authorizes the involvement of other Federal agencies in such program. Earmarks funds for the program from amounts authorized under this Act.
(Sec. 1413) Directs the Secretaries of Defense and Energy to designate an official within their department to serve as the executive agent for the coordination of such department's assistance to Federal, State, and local officials in responding to threats involving chemical or biological weapons or related materials or technologies. Earmarks funds for such assistance.
(Sec. 1414) Directs the Secretary to develop and maintain at least one domestic terrorism rapid response team composed of military personnel and DOD employees to aid Federal, State, and local officials in the detection, neutralization, containment, dismantlement, and disposal of WMDs containing chemical, biological, or related materials.
Requires the Director of the Federal Emergency Management Agency (FEMA) to develop and incorporate into existing Federal emergency response plans and programs guidance on the use and deployment of the rapid response team required to be developed under this section.
(Sec. 1415) Directs the Secretary of: (1) Defense to develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving biological and chemical weapons and related materials; and (2) Energy to develop and carry out a similar program with the same agencies with respect to emergencies involving nuclear and radiological weapons and related materials. Requires an annual revision of such programs. Provides funding.
(Sec. 1416) Authorizes the Secretary, upon request of the Attorney General, to provide assistance in support of Department of Justice law enforcement activities during emergency situations involving chemical or biological WMDs. Provides statutory authority of the Attorney General to request such assistance. Directs the President to take reasonable measures to reduce the reliance of civilian law enforcement officials on DOD resources to counter the threat posed by the use or potential use of WMDs within the United States. Requires reports from the President to the Congress.
(Sec. 1417) Requires the head of each Federal Response Plan agency to develop and maintain an inventory of equipment and assets that could be made available to aid State and local officials in search and rescue and other disaster management and mitigation efforts associated with an emergency involving WMDs. Requires a master list of all such inventories to be maintained by the FEMA Director. Requires the FEMA Director to: (1) prepare and maintain a database on chemical and biological agents and munitions characteristics and safety precautions for civilian use; and (2) design and maintain a system to provide Federal, State, and local officials with access to such database.
Subtitle B: Interdiction of Weapons of Mass Destruction and Related Materials - Earmarks funds authorized under this Act for the procurement of WMD detection equipment for U.S. border security personnel.
(Sec. 1422) Amends the International Emergency Economic Powers Act to provide penalties for the attempt to import or export WMDs and related materials.
(Sec. 1423) Expresses the sense of the Congress that the sentencing guidelines prescribed by the U.S. Sentencing Commission for the importation, exportation, or attempts of each, of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses, and urges their revision.
(Sec. 1424) Directs the Secretary to carry out programs for assisting customs and border officials in the independent states of the former Soviet Union (CIS), the Baltic states, and other countries of Eastern Europe in preventing the unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials. Provides funding.
Subtitle C: Control and Disposition of Weapons of Mass Destruction and Related Materials Threatening the United States - Amends the National Defense Authorization Act for Fiscal Year 1996 to include the coverage of fissile material suitable for use in nuclear weapons within the Cooperative Threat Reduction (CTR) program for the transportation and elimination of nuclear weapons.
(Sec. 1432) Directs the Secretary of Energy to develop, and submit to the Congress, a cooperative program within the government of Russia to eliminate the production of weapons-grade plutonium at two reactor cores in Russia.
Subtitle D: Coordination of Policy and Countermeasures Against Proliferation of Weapons of Mass Destruction - Directs the President to designate an individual to serve in the Executive Office of the President as the National Coordinator for Nonproliferation Matters. Outlines duties and provides funding.
(Sec. 1442) Establishes the Committee on Nonproliferation as a committee within the National Security Council, requiring such Committee to: (1) review and coordinate Federal programs, policies, and directives relating to proliferation of WMDs and related materials and technologies, including matters relating to terrorism and international organized crime; and (2) make recommendations through the Council to the President on policies for countering such threats and related actions.
(Sec. 1443) Directs the President, acting through the Committee, to develop a comprehensive program for carrying out this title. Requires a report from the President to the Congress on such program.
(Sec. 1444) States that, after September 30, 1999, the President: (1) is not required to maintain the National Coordinator; and (2) may terminate the Committee.
Subtitle E: Miscellaneous - Expresses the sense of the Congress that: (1) the Secretaries of Defense, Energy, and the Treasury should contract directly with suppliers in the CIS with respect to the control and disposition of WMDs threatening the United States; (2) transfers of funding allocations between CTR programs are necessary in order to maximize U.S. efforts under such programs; (3) the CTR program should be expanded to offer assistance to other CIS states; (4) U.S. allies and other nations should participate in efforts to ensure the reduction of weapons-grade nuclear stockpiles; and (5) the Secretaries of Defense, Energy, the Treasury, and State should purchase, package, and transport to secure locations fissile materials when there is significant risk of the theft of such materials.
Title XV: Cooperative Threat Reduction With States of Former Soviet Union - Specifies the programs to be included within the CTR program. Earmarks funds authorized under this Act for such programs. Provides limited authority to vary amounts earmarked for individual programs within the CTR program.
(Sec. 1503) Prohibits CTR funds from being used to: (1) conduct peacekeeping-related activities with Russia; (2) provide housing; and (3) provide assistance to promote environmental restoration or job retraining.
(Sec. 1504) Prohibits the obligation or expenditure of CTR funds authorized under this Act until 15 days after the submission of specified reports required under prior Acts or public law.
(Sec. 1505) Makes CTR funds authorized under this Act available for obligation for three fiscal years.
Title XVI: Department of Defense Civilian Personnel - Subtitle A: Miscellaneous Matters Relating to Personnel Management, Pay, and Allowances - Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary, by the end of FY 1996 (currently, 1997) to convert 3,000 (currently, 10,000) military positions to civilian positions.
(Sec. 1602) Directs the Secretary to retain in employment up to 20 percent of the civilian employees that were employed at a military installation designated for closure or realignment under a base closure law when such installation is scheduled to be transferred to National Guard operation and control for use in providing training support to active and reserve military personnel.
(Sec. 1603) Prohibits the application of certain civilian personnel management constraints with respect to DOD employees of the Major Range and Test Facility Base.
(Sec. 1604) Authorizes the Secretary to provide civilian DOD employees (and their family members) abroad with benefits comparable to those provided by the Secretary of State to members of the Foreign Service serving abroad.
(Sec. 1605) Authorizes an employee of a nonappropriated fund instrumentality of DOD or the Coast Guard who moves, without a break in service of more than three days, to a position in DOD or the Coast Guard to receive travel, transportation, and related expenses under the same conditions and to the same extent as regular DOD or Coast Guard employees.
(Sec. 1606) Amends the Defense Department Overseas Pay and Personnel Practices Act to require the Secretary of the military department concerned (currently, the Secretary of Defense) to conduct the employment and salary practices applicable to teachers employed overseas in that department.
(Sec. 1607) Authorizes the Secretary to employ appropriate teaching faculty at the English Language Center of the Defense Language Institute and the Asia-Pacific Center for Security Studies.
(Sec. 1608) Authorizes the Secretary to provide reimbursement to DOD domestic dependent school board members for certain expenses incurred in the performance of school board duties.
(Sec. 1609) Extends through FY 2001 the authority for civilian DOD employees to participate in voluntary DOD reductions-in-force.
(Sec. 1610) Authorizes the head of a Federal agency, at the request of an employee, to grant such employee compensatory time off instead of pay for time spent in irregular or occasional overtime work.
(Sec. 1611) Provides for the lump-sum payment of annual leave to a DOD employee for leave that remains unused upon the employee's transfer from an installation being closed or realigned under a base closure law.
(Sec. 1612) Waives the requirement for the repayment of voluntary separation incentive pay by former DOD employees who are reemployed when such employment is without pay.
(Sec. 1613) Provides Federal holiday observance procedures for DOD employees when a holiday occurs on that employee's regularly scheduled day off.
(Sec. 1614) Repeals Federal provisions: (1) requiring a specified percentage of hotels in which Federal employees are booked to meet fire safety and control requirements of the Federal Fire Prevention and Control Act of 1974; and (2) prohibiting the payment of lodging expenses of DOD employees when adequate Government facilities are available.
(Sec. 1615) Prohibits DOD employees authorized to take personnel actions from taking or failing to take such an action if such taking or nontaking would violate any rule or regulation regarding veterans' preference. Requires a report.
(Sec. 1616) Authorizes the Secretary to establish one or more pilot programs under which Federal retirement benefits are provided to persons who convert from Federal employment to employment with a DOD contractor in connection with the privatization of functions at selected military installations being closed under the base closure and realignment process. Outlines provisions concerning: (1) eligible transferred employees; (2) applicable retirement benefits; (3) computation of average pay; (4) the payment by the military department concerned of the unfunded liability in the Civil Service Retirement and Disability Fund caused by the addition of such benefits; (5) the termination 90 days after such transfer of Federal health benefits coverage for such employees; (6) a study and report from the Comptroller General to the Congress on each pilot program established under this section; and (7) required implementing regulations by the OPM Director.
Subtitle B: Department of Defense Intelligence Personnel Policy - Department of Defense Civilian Intelligence Personnel Policy Act of 1996 - Authorizes the Secretary to: (1) establish as positions in the excepted service such defense intelligence positions in DOD and the military departments as necessary to carry out DOD intelligence functions, including Intelligence Senior Level positions and positions in the Defense Intelligence Senior Executive Service; (2) appoint such individuals; and (3) fix their rates of compensation. Authorizes the Secretary to provide such employees with additional compensation, incentives, and allowances as provided for other Federal employees.
Authorizes the Secretary to establish a Defense Intelligence Senior Executive Service equivalent to the Federal Senior Executive Service, with a limit of 492 of such positions. Authorizes the Secretary to designate Intelligence Senior Level positions and to make time-limited appointments to defense intelligence positions.
Authorizes the Secretary to terminate an employee in a defense intelligence position if the Secretary: (1) considers such to be in the best interest of the United States; and (2) determines that normal termination procedures cannot be invoked in a manner consistent with national security. Requires congressional notification of any such termination.
Directs the Secretary to prescribe regulations for the separation of employees in defense intelligence positions during a reduction in force or other adjustment in force. Provides a right of appeal to personnel actions taken under this section. Provides for the applicability of merit system principles and civil service protections for defense intelligence positions.
(Sec. 1633) Repeals superseded provisions and makes clerical and conforming amendments.
Title XVII: Federal Employee Travel Reform - Federal Employee Travel Reform Act of 1996 - Subtitle A: Relocation Benefits - Revises provisions which authorize Federal agencies to reimburse transferred or reemployed Federal employees for relocation expenses. Provides reimbursement for specified types of relocation expenses which are currently non-reimbursable, including: (1) an allowance for seeking a new permanent residence; (2) temporary quarters subsistence; (3) residence sale expenses; (4) relocation services; (5) property management; (6) payment for the transportation of a privately owned motor vehicle within the continental United States; (7) a limited allowance for employees on an extended assignment; and (8) a home marketing incentive.
Subtitle B: Miscellaneous Provisions - Repeals the long- distance telephone call certification requirement.
(Sec. 1722) Requires the GSA Administrator to prescribe regulations for the administration of this title.
(Sec. 1724) Directs the Comptroller General to submit to specified congressional committees an assessment of the cost savings to Federal travel administration resulting from changes made under this title.
Title XVIII: Federal Charter for the Fleet Reserve Association - Recognizes and grants a Federal charter to the Fleet Reserve Association, a nonprofit organization formed to aid and maintain an adequate naval defense for the United States and to assist in the recruitment and welfare of personnel in the Navy, Marine Corps, and Coast Guard. Requires the Association to report annually to the Congress on its activities.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1997 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1996 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Authorizes the Secretary of the Army, subject to a certification to the defense and appropriations committees, to acquire real property for the National Ground Intelligence Center in Charlottesville, Virginia. Provides funding.
Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Directs the Secretary of the Navy to enter into an agreement with California and local governments there under which such entities agree to cover at least 50 percent of the cost of the beach replenishment project at the Naval Air Station, North Island, California. Limits the total Federal expenditure for such project.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army.
(Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1995 to reduce the amount authorized for a military construction project at Spangdahlem Air Base, Germany, such reduction representing the elimination of a project to upgrade a sewage and storm water system.
Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts.
(Sec. 2404) Earmarks funds authorized under this title for the Department of Defense Family Housing Improvement Fund and the Department of Defense Military Unaccompanied Housing Improvement Fund, for appropriate uses.
(Sec. 2405) Authorizes the Secretary to carry out certain energy conservation projects.
(Sec. 2406) Authorizes appropriations to DOD for fiscal years after 1996 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2407) Amends the Military Construction Authorization Act for Fiscal Year 1995 to reduce the FY 1996 amount authorized to be appropriated for DOD military construction, land acquisition, and family housing functions by $7 million, such reduction representing a combination of military construction project savings.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the NATO Security Investment Program and authorizes appropriations for fiscal years after 1996 for such contributions.
Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1996 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2602) Earmarks specified prior-year military construction funds for the construction and improvement of certain reserve centers in the State of Washington.
(Sec. 2603) Authorizes the Secretary of the Army to carry out a military construction project to upgrade the Air National Guard base and supporting facilities at Bangor International Airport, Maine. Limits the total cost of such project. Provides funding.
Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 1999, or the date of enactment of an Act authorizing funds for military construction for FY 2000, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing - Increases threshold amounts for unspecified minor military construction projects.
(Sec. 2802) Redesignates the North Atlantic Treaty Organization Infrastructure Program as the North Atlantic Treaty Organization Security Investment Program.
(Sec. 2803) Includes within authorized improvements to military family housing units major maintenance work, while excluding day-to-day maintenance and repair.
(Sec. 2804) Authorizes the Secretary to use funds otherwise available to DOD for similar purposes for administrative expenses of contracts for military family and unaccompanied housing.
Subtitle B: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to authorize the Secretary to transfer real property at a military installation to be closed or realigned under such Act to a military department or other entity within DOD or the Coast Guard.
(Sec. 2812) Amends the above Act and the Defense Base Closure and Realignment Act of 1990 (together, the base closure laws) to authorize the Secretary to contract with the appropriate local government for the provision of certain community services at facilities remaining on installations closed under such laws.
(Sec. 2813) Amends the base closure laws to authorize the Secretary to compensate owners of manufactured housing located at a manufactured housing park established at an installation closed or realigned under such laws if the Secretary determines that: (1) it is in the best interests of the Government to eliminate or relocate such park; and (2) such elimination or relocation would result in an unreasonable financial hardship to the owners of such housing. Limits any such payment to 90 percent of the purchase price paid by the military member.
(Sec. 2814) Authorizes the use of defense adjustment and diversification assistance to make grants to States for supporting local adjustment and diversification initiatives and stimulating cooperation between statewide and local adjustment and diversification efforts.
(Sec. 2815) Authorizes the Secretary to pay from the Department of Defense Base Closure Account 1990 up to $50,000 for stipulated environmental damages assessed under CERCLA against Loring Air Force Base, Maine.
(Sec. 2816) Requires the Secretary of the Army to submit to the defense and appropriations committees a plan for the utilization, reutilization, or disposal of the Mississippi Army Ammunition Plant in Hancock County, Mississippi.
Subtitle C: Land Conveyances - Part I: Army Conveyances - Directs the Secretaries of the Interior and the Army to undertake a specified land exchange within the Arlington National Cemetery in Arlington, Virginia.
(Sec. 2822) Authorizes the Secretary of the Army to convey to: (1) the Secretary of Veterans Affairs a portion of Fort Sill, Oklahoma, to be used as a national cemetery; (2) Rushville, Indiana, the Rushville Army Reserve Center, to be used for the benefit of the Rushville Police Department; (3) Anderson County, South Carolina, the Anderson Army Reserve Center, for use by the Anderson County Department of Education; (4) Montpelier, Vermont, the Army Reserve Center in Montpelier; (5) Saint Anselm College in Manchester, New Hampshire, the Crafts Brothers Reserve Training Center in Manchester; and (6) the Economic Development Alliance of Jefferson County, Arkansas, a portion of the Pine Bluff Arsenal in Arkansas.
(Sec. 2828) Directs the Secretary of the Army, as soon as practicable, to complete the land conveyances involving Fort Sheridan, Illinois, required or authorized under a prior military construction appropriations Act.
Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the United States Institute of Peace the Potomac Annex in the District of Columbia; (2) an appropriate private person a portion of the property located at the Norfolk, Virginia, Naval Shipyard and leased to the Norfolk Shipbuilding and Drydock Company pursuant to a specified Navy lease; (3) the New York Department of Environmental Conservation the Calverton Pine Barrens located at the Naval Weapons Industrial Reserve Plant, Calverton, New York; and (4) Delaware a portion of the former Naval Reserve Facility in Lewes, Delaware.
(Sec. 2835) Amends the Military Construction Appropriations Act, 1995, to require certain environmental compliance before commencing construction of a replacement naval reserve center in Seattle, Washington.
(Sec. 2836) Amends the Military Construction Authorization Act, 1981, to repeal a condition on the disposal by Guam of lands conveyed to Guam by the United States.
(Sec. 2837) Authorizes the Secretary of the Navy to lease to Mississippi specified real property at the Naval Air Station, Meridian, Mississippi, in order to facilitate the construction of a naval reserve center there.
Part III: Air Force Conveyances - Authorizes the Secretary of the Air Force to: (1) convey to the Belle Fourche School District in Belle Fourche, South Dakota, the support complex and housing facilities at the Air Force radar bomb scoring site in Belle Fourche; and (2) dispose of the primate research complex at Holloman Air Force Base, New Mexico, including the colony of chimpanzees housed at or managed from such complex.
Part IV: Other Conveyances - Authorizes the Secretary of Energy to convey to Mississippi the Tatum Salt Dome Test Site in Mississippi, to be used as a wildlife refuge and working demonstration forest. Designates the property conveyed as the Jamie Whitten Forest Management Area.
(Sec. 2852) Authorizes the GSA Administrator to convey to the Job Development Authority of Rolla, North Dakota, the William Langer Jewel Bearing Plant in Rolla. Directs the President, in offering to enter into agreements for the disposal of jewel bearings from the National Defense Stockpile, to give a right of first refusal on all such offers to the Authority or person with which the Authority enters into a lease agreement.
(Sec. 2853) Authorizes the Secretary of the Air Force to instruct the GSA Administrator to convey to the Columbus Municipal Airport Authority, Columbus, Ohio, certain real property at Air Force Plant No.
85 in Columbus.
(Sec. 2854) Authorizes the Secretaries of the Army and the Interior to exchange jurisdiction over certain lands in the White Sands National Monument, New Mexico. Directs such Secretaries to jointly modify the boundaries of the Monument and the adjoining White Sands Missile Range to reflect such land exchange.
Subtitle D: Other Matters - Authorizes the Secretary concerned to enter into easements for rights-of-way for poles and lines for: (1) the transmission or distribution of electrical power; and (2) communications signals, including telephone and telegraph.
(Sec. 2862) Authorizes the Secretary or the Secretary of a military department to enter into a cooperative agreement with a State, local government, or other entity for the preservation, management, maintenance, and improvement of cultural resources on military installations and for conducting research regarding such resources.
(Sec. 2863) Authorizes the Secretary of the Air Force to carry out a demonstration project to assess the feasibility and advisability of permitting private entities to install, operate, and maintain electric power distribution systems at military installations. Provides project conditions, including entering into an appropriate agreement and the granting of necessary licenses and easements. Provides project reporting requirements and funding.
(Sec. 2864) Directs the Secretary to reduce the total renovation costs of the Pentagon Reservation to no more than $1.118 million.
(Sec. 2865) Directs the Secretary of the Army to submit to the defense and appropriations committees a comprehensive plan for basic repairs and stabilization measures throughout the historic district at the Forest Glen Annex of the Walter Reed Army Medical Center, Maryland.
(Sec. 2866) Designates the Multi Purpose Range Complex at Camp Shelby, Mississippi, as the G.V. (Sonny) Montgomery Range.
(Sec. 2867) Designates the Nellis Federal Hospital in Las Vegas, Nevada, as the Michael O'Callaghan Military Hospital.
(Sec. 2868) Expresses the sense of the Congress that the Secretary should name Building A at the Uniformed Services University of the Health Sciences as the David Packard Building.
Title XXIX: Military Land Withdrawals - Subtitle A: Fort Carson-Pinon Canyon Military Lands Withdrawal - Fort Carson-Pinon Canyon Military Lands Withdrawal Act - Withdraws from appropriation under public land, mining, mineral, geothermal leasing, and mineral materials disposal laws, and reserves for military use by the Army, specified lands at the Fort Carson Military Reservation and the Pinon Canyon Maneuver Site (both in Colorado).
Requires the Secretary of the Army to manage such lands for military purposes covered by this Act and to authorize their use by other U.S. military departments and agencies and the National Guard. Directs such Secretary to develop a management plan for such reserved and withdrawn lands. Requires the Secretary of the Interior to manage all withdrawn and acquired mineral resources within the boundaries of such lands.
Terminates such land withdrawals and reservations 15 years after enactment of this Act.
Requires the Secretary of the Army to: (1) determine, and advise the Secretary of the Interior as to, whether there is a continuing military need for such lands after such termination date; (2) decontaminate lands to be relinquished upon such termination (but authorizes the Secretary of the Interior to refuse to accept such relinquished lands if such decontamination is not practicable or economically feasible, if such lands cannot be decontaminated sufficiently to allow them to be opened to the operation of the public land laws, or if insufficient funds are appropriated for decontaminating such lands); (3) if the Secretary of the Interior declines to accept jurisdiction of lands proposed for relinquishment or determines that some of the lands withdrawn are contaminated to an extent that prevents opening them to operation of the public land laws, warn the public of risks of entry, conduct only decontamination activities on such lands after the expiration of the withdrawal, and make a status report to the Secretary of the Interior and the Congress; and (4) maintain a program of decontamination of the lands withdrawn by this Act at least at the level of effort carried out during FY 1992, subject to specified limitations.
Indemnifies the United States from injuries or damages to persons or property suffered in the course of any mining, mineral, or geothermal leasing activity on the withdrawn lands.
Authorizes appropriations.
Subtitle B: El Centro Naval Air Facility Ranges Withdrawal - El Centro Naval Air Facility Ranges Withdrawal Act - Withdraws specified Federal lands utilized in the mission of the Naval Air Facility, El Centro, California, from all forms of appropriation under the public land and mining laws, but not the mineral, geothermal leasing, or mineral materials sales laws.
Reserves such withdrawn lands for use by the Secretary of the Navy for defense-related purposes in accordance with a certain cooperative agreement.
Directs the Secretary of the Interior, during the period of the withdrawal, to manage such lands pursuant to the Federal Land Policy and Management Act of 1976 and other applicable law.
Sets forth provisions regarding: (1) permitted management activities (wildlife and wildlife habitat protection, control of predatory and other animals, prevention and suppression of fires resulting from nonmilitary activities, geothermal leasing and development and related power production, mineral leasing and development, and mineral materials sales); (2) conditions on nonmilitary uses; (3) the duration of the land withdrawal and reservation (25 years); (4) the continuation of ongoing decontamination activities; (5) an extension after the termination due to military needs; (6) the early relinquishment of such lands; (7) the authority of the Secretary of the Interior to refuse contaminated lands; (8) the delegation of authority by the Secretaries of the Navy and the Interior; (9) hunting, fishing, and trapping; and (10) U.S. immunity from any damages or injuries arising from mining activities on such lands.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1997 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) defense fixed asset acquisition and privatization; (4) other defense activities; and (5) defense nuclear waste disposal.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Requires the Secretary to report to the defense and appropriations committees on the desirability of a permanent authorization of appropriations for the defense and civilian general plant projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer).
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires the Secretary to report to the Congress on each conceptual design completed. Requires a separate funding request for such designs for which the estimated costs exceed $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated design cost does not exceed $600,000. Requires specific authorization by law for designs that exceed such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Earmarks funds authorized for DOE under this title for: (1) specified activities of the stockpile stewardship program (requiring a report to the defense and appropriations committees on program activities); and (2) the stockpile manufacturing infrastructure program (also requiring an activities report).
(Sec. 3133) Directs the Secretary, during FY 1997, to make a final decision on the technologies to be utilized, and the accelerated schedule to be adopted, for tritium production in order to meet tritium production requirements. Requires a report from the Secretary to the Congress on such final decision. Directs the Secretary to commence planning and design activities and infrastructure development for a new tritium production facility. Provides funding for activities relating to tritium production.
(Sec. 3134) Directs the Secretary to modernize and consolidate the tritium recycling facilities at the Savannah River Site, South Carolina. Provides funding.
(Sec. 3135) Prohibits the obligation or expenditure of funds from FY 1997 or earlier to move the manufacture and fabrication of high explosives and energetic materials for use as components in nuclear weapons systems from the Pantex Plant, Amarillo, Texas, to any other site or facility.
(Sec. 3136) Prohibits FY 1997 DOE funds from being used for certain R&D or technology transfer purposes unless such activities support the DOE national security mission. Requires an annual report.
(Sec. 3137) Prohibits FY 1997 DOE funds from being used to conduct cooperative programs relating to nuclear weapons or their technology with the People's Republic of China. Requires a report from the Secretary to the defense committees on all discussions and activities between the United States and such country regarding nuclear weapons matters that have occurred before the enactment of this Act and that are planned in the future.
(Sec. 3138) Prohibits the obligation of FY 1997 DOE funds to conduct any activities associated with international cooperative stockpile stewardship, with exceptions.
(Sec. 3139) Directs the Secretary to provide the manager of each DOE field office with the authority, until September 30, 1997, to transfer defense environmental management funds from that office's program or project to another program or project. Directs the Secretary to notify the Congress within 30 days of the exercise of any such authority. Requires a report from the Secretary to the defense and appropriations committees on the effectiveness of such authority.
(Sec. 3140) Authorizes the Secretary, in carrying out national security programs, to delegate specific management and planning authority over matters relating to site operation of specified DOE facilities and laboratories to the Assistant Secretary of Energy for Defense Programs, under specified requirements and conditions. Directs the Secretary to develop, and report to the Congress on, a plan to reorganize the field activities and management of DOE national security functions. Requires the Secretary to establish a Defense Programs Management Council to advise the Secretary on DOE defense programs policy matters. Identifies the DOE facilities and laboratories to be included under such delegation authority.
(Sec. 3141) Directs the Secretary to accelerate the schedule for the isolation of high-level nuclear waste in glass canisters at the Defense Waste Processing Facility at the Savannah River Site if the Secretary determines that such acceleration will achieve cost savings and the removal and isolation of such waste from the long-term storage tanks there.
(Sec. 3142) Earmarks funds authorized under this title for the processing and treatment of high-level nuclear waste and spent nuclear fuel rods. Requires any funds made available under this section to the Idaho National Engineering Laboratory to be considered as partial fulfillment of a specified settlement agreement entered into between the United States and Idaho. Requires the updating of an implementation plan concerning such waste under a prior defense authorization Act. Directs the Secretary to: (1) submit to the Congress a plan for the near-term processing of spent nuclear fuel rods at the Savannah River Site; and (2) develop and implement a multiyear plan for the cleanup of nuclear waste at such Site. Requires the continuation of current operations at such Site.
(Sec. 3143) Directs the Secretary to select and carry out closure- acceleration projects at defense nuclear facilities. Outlines provisions concerning: (1) eligible projects and their selection; (2) program administration; (3) the authority to use multiyear contracts not to exceed ten years to carry out such projects; (4) funding for such projects; (5) an annual report from the Secretary to the Congress on the status of each project carried out; and (6) program duration (15 years from the date of enactment of this Act).
(Sec. 3144) Provides for the payment of costs associated with operating and maintaining the infrastructure at the Nevada Test Site.
Subtitle D: Other Matters - Directs the Secretary to submit to the defense and appropriations committees a report on plans for achieving the capability to produce and remanufacture plutonium pits.
(Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1994 to make biennial (currently, annual) a reporting requirement relating to baseline environmental management.
(Sec. 3153) Authorizes the Secretary to develop future use plans for any defense nuclear facility at which environmental restoration and waste management activities are occurring. Requires the Secretary to develop future use plans with respect to the following sites: (1) Hanover Site, Richland, Washington; (2) Rocky Flats Plant, Golden, Colorado; (3) Savannah River Site, Aiken, South Carolina; and (4) the Idaho National Engineering Laboratory. Directs the Secretary to establish a citizen advisory board at a defense nuclear facility where the Secretary intends to develop a future use plan and no citizen advisory board has been established. Requires the Secretary to consult with such board in developing a future use plan. Requires future use plans to cover at least a 50-year period. Requires a report from the Secretary to the Congress after completing development of a final plan for the sites listed above.
(Sec. 3154) Directs the Secretary to carry out a study of, and report to specified congressional committees on, DOE liability for damages to, or destruction or loss of, natural resources at each DOE site that is or is anticipated to become subject to CERCLA.
(Sec. 3155) Directs the Secretary to annually prepare, and submit to the defense and appropriations committees, a five-year budget for DOE national security programs.
(Sec. 3156) Sets forth specified requirements for DOE weapons activities budgets for fiscal years after 1997.
(Sec. 3157) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1995 which requires a report from the President to the defense and appropriations committees on issues associated with purchasing tritium from foreign suppliers.
(Sec. 3158) Requires reports concerning: (1) nuclear test readiness postures; and (2) critical difficulties encountered at nuclear weapons laboratories and production plants.
(Sec. 3160) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1997 certain authority of DOE and DOD relating to nuclear weapons materials control and accountability.
(Sec. 3161) Expresses the sense of the Senate that the Defense Environmental Restoration and Waste Management Program be redesignated as the Defense Nuclear Waste Management Program. Requires a report from the Secretary to the defense and appropriations committees on costs associated with the redesignation.
(Sec. 3162) Establishes the Commission on Maintaining United Stated Nuclear Weapons Expertise to develop and report to the Secretary and the Congress a plan for recruiting and retaining within the DOE nuclear weapons complex the appropriate scientific, engineering, and technical personnel necessary to permit DOE to maintain a safe and reliable nuclear weapons stockpile without engaging in underground testing. Terminates the Commission 30 days after its report. Provides Commission funding.
(Sec. 3163) Expresses the sense of the Congress that the President:
(1) should consult closely with the Congress concerning U.S. policies and practices for ensuring the safety and reliability of the U.S. nuclear stockpile; and (2) if he determines that a safety and reliability problem cannot be corrected within the stockpile stewardship program, to notify the Congress of such problem, together with a plan for corrective action.
(Sec. 3164) Directs the Secretary to report to the defense committees regarding the status of worker safety and health projects and programs at the Mound Facility in Miamisburg, Ohio.
(Sec. 3165) Directs the Secretary to include in the FY 1998 DOE budget a request for funds for the Greenville road improvement project in Livermore, California.
(Sec. 3166) Earmarks funds for conducting the fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex, as required under prior law. Requires 21 days' advance notification to the Congress before funds may be obligated or expended for such program.
Subtitle E: Defense Nuclear Environmental Cleanup and Management - Applies this Subtitle to any DOE defense nuclear facility (DNC) for which the FY 1996 environmental management budget was $350 million or more, or any other requesting facility if approved by the Secretary.
(Sec. 3173) Directs the Secretary to expeditiously appoint a Site Manager for each DNC to oversee and direct environmental management operations at the facility. Provides related authorities for each Site Manager.
(Sec. 3174) Provides that an order relating to the execution of environmental restoration, waste management, or technology development activities at a DNC under the Atomic Energy Act of 1954 may be imposed by the Secretary only if the Secretary finds the order necessary for the protection of human health and the environment or safety, or for the fulfillment of current legal requirements.
(Sec. 3175) Directs the Site Manager to promote the deployment of innovative environmental technologies for remediation of defense nuclear waste at such facility.
(Sec. 3176) Directs the Secretary to develop and implement a program for performance-based contracting for contracts for environmental remediation at DNCs. Requires the Secretary to implement such program by October 1, 1997, unless the Secretary submits to the Congress before such date a report with a schedule for completion of the program.
(Sec. 3177) Designates each DNC as an environmental cleanup demonstration to carry out the purposes of this title. Expresses the sense of the Congress that Federal and State regulatory agencies, members of the community surrounding any defense nuclear facility, and other affected parties should continue to take specified action for the expedited and streamlined cleanup of such facility.
(Sec. 3179) Terminates this Subtitle on September 30, 2001. Requires a report from the Secretary to the Congress on the effectiveness of this Subtitle in expediting environmental restoration and waste management at defense nuclear facilities.
Subtitle F: Waste Isolation Pilot Plant Land Withdrawal Act Amendments - Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act (WIPP Act) to repeal certain provisions relating to: (1) compliance of specified Federal oil and gas leases with the Solid Waste Disposal Act; (2) test phase activities and retrieval plans; and (3) requirements for the commencement of disposal operations.
(Sec. 3187) Requires the Secretary to provide to the Congress a schedule for incremental submission of the WIPP EPA-compliance application to the EPA Administrator within a prescribed period. Repeals the requirement that the Secretary use waste form modifications of engineered and natural barriers to comply with final disposal regulations at WIPP, but requires the use of any other measures necessary, in addition to the engineered and natural barriers, to achieve such compliance.
(Sec. 3188) Exempts transuranic mixed waste designated for disposal at the WIPP project from treatment standards and land disposal prohibitions promulgated under the Solid Waste Disposal Act. Repeals Federal provisions relating to: (1) the determination of noncompliance during the disposal and decommissioning phases; and (2) consequences of such noncompliance.
(Sec. 3189) Replaces provisions relating to waste retrievability with provisions declaring the sense of the Congress that the Secretary should complete by November 30, 1997, all actions required to commence emplacement of transuranic waste underground for disposal at WIPP.
(Sec. 3190) Repeals provisions: (1) mandating a plan for the decommissioning of WIPP; and (2) setting a deadline for a plan for the management and use of the WIPP withdrawal site following WIPP decommissioning or termination of the land withdrawal.
(Sec. 3191) Reduces by one the total payments due to the State of New Mexico under the WIPP Act. Earmarks FY 1997 DOE funds to such State for road improvements in connection with the WIPP.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1997 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - Subtitle A: Authorization of Disposals and Use of Funds - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1997, to obligate up to $60 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3303) Directs the President to dispose of NDS materials so as to result in specified receipts for FY 1997 and through FY 2006. Prohibits the President from disposing materials to the extent that the disposal will result in undue disruption of the usual markets for such materials or avoidable loss to the United States. Provides for the treatment of disposal receipts.
Subtitle B: Programmatic Change - Amends the Strategic and Critical Materials Stock Piling Act to include within biennial stockpile requirements reports under such Act the national emergency planning assumptions used by the Secretary in making the stockpile requirements determination. Outlines additional information to be included in such reports. Increases from 30 to 45 days: (1) the prior notification requirement before a change in stockpile quantities may occur; and (2) the waiting period required before the effectiveness of a waiver by the President of stockpile acquisition and disposal procedures.
Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1997 for activities relating to the naval petroleum reserves.
(Sec. 3402) Requires during FY 1997 that the sale of any part of the U.S. share of the petroleum produced from Naval Petroleum Reserves Number 1, 2, and 3 shall be made at a price which is not less than 90 percent of the current sales price of comparable petroleum in the same area.
Title XXXV: Panama Canal Commission - Subtitle A: Authorization of Appropriations - Panama Canal Commission Authorization Act for Fiscal Year 1997 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1997, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any law implementing those treaties.
Subtitle B: Amendments to Panama Canal Act of 1979 - Panama Canal Act Amendments of 1996 - Amends the Panama Canal Act of 1979 to remove certain definitions under such Act.
(Sec. 3523) Provides the compensation level for the Administrator and Deputy Administrator of the Panama Canal Commission. Repeals the requirement that the Commission Ombudsman be a U.S. citizen.
(Sec. 3526) Revises generally provisions relating to: (1) the appointment and compensation of necessary Commission officers and employees; (2) the applicability of certain Federal health and insurance benefits to Commission employees; (3) employee travel and transportation expenses; and (4) the definition of "agency" as used under such Act.
(Sec. 3530) Directs the Commission (currently, the President) to establish a Panama Canal Employment System (System) and to prescribe regulations necessary for its administration.
(Sec. 3531) Directs the Commission (currently, the head of each agency) to establish written standards for employment within the System.
(Sec. 3532) Repeals provisions of such Act relating to: (1) interim application of the Canal Zone Merit System; and (2) the remuneration of employees for recruitment and retention activities.
(Sec. 3535) Directs the Commission (currently, the President) to establish a Central Examining Office (currently, a Canal Zone Central Examining Office).
(Sec. 3536) Provides for the applicability to the Commission of specified Federal laws.
(Sec. 3537) Repeals certain effective dates with respect to transferred or reemployed Commission employees.
(Sec. 3538) Revises provisions relating to the payment of certain mental or physical disability benefits to former employees of the Canal Zone Government or Panama Canal Company.
(Sec. 3539) Adds to the authorized purposes of the Panama Canal Revolving Fund: (1) promotional activities; and (2) the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States. Increases the authorized fiscal year obligation limits of the Commission from Panama Canal Revolving Fund amounts.
(Sec. 3540) Makes a Federal requirement for using the Government Printing Office for Federal printing and related needs inapplicable to direct purchase by the Commission in the Republic of Panama when it determines such purchase to be in the best interest of the Government.
(Sec. 3541) Revises generally provisions concerning Commission accounting procedures and the availability of Commission funds to defray the costs of educational services.
(Sec. 3543) Authorizes the Commission to take possession of, administer, and assume the obligations of, the Canal Zone postal service.
(Sec. 3544) Requires investigations with respect to claims of accidents and injuries within the Panama Canal Zone to include a hearing by the Board of Local Inspectors of the Commission.
(Sec. 3545) Authorizes the Commission (currently, the President) to prescribe Panama Canal operating regulations.
(Sec. 3546) Repeals miscellaneous Federal provisions made inconsistent by the amendments made under this Subtitle.
(Sec. 3547) Exempts the Commission from certain provisions requiring the use of the metric system.
(Sec. 3549) Repeals the Panama Canal Code.
Held at the desk.
Held at the desk.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 415.
Rule H. Res. 498 passed House.
Mr. Spence brought up conference report H. Rept. 104-724 for consideration under the provisions of H. Res. 498.
DEBATE - The House proceeded with one hour of debate on the conference report.
The previous question was ordered without objection.
Mr. Dellums moved to recommit with instructions to the conference committee.
On motion to recommit with instructions to conference committee Failed by the Yeas and Nays: 181 - 236 (Roll no. 396). (consideration: CR H9823)
Roll Call #396 (House)Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 285 - 132 (Roll no. 397).(consideration: CR H9824)
Roll Call #397 (House)Motions to reconsider laid on the table Agreed to without objection.
On agreeing to the conference report Agreed to by the Yeas and Nays: 285 - 132 (Roll no. 397). (consideration: CR H9824)
Roll Call #397 (House)Enacted as Public Law 104-201
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Read twice and referred to the Committee on Armed Services.
Held at the desk.
For Further Action See H.R.3230.
Motion to reconsider laid on the table Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
Conference papers: message on House action held at the desk in Senate.
Conference report considered in Senate. By Unanimous Consent. (consideration: CR S10027-10047)
Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 73-26. Record Vote No: 279.(consideration: CR S10125-10129)
Roll Call #279 (Senate)Senate agreed to conference report by Yea-Nay Vote. 73-26. Record Vote No: 279. (consideration: CR S10125-10129)
Roll Call #279 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 104-201.
Became Public Law No: 104-201.