An original bill to authorize appropriations for fiscal year 1997 for military activities of the Department of Defense, to prescribe personnel strengths for such fiscal year for the Armed Forces, 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: Reserve Components
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions, and
Limitations
Subtitle C: Ballistic Missile Defense
Subtitle D: Other Matters
Subtitle E: National Oceanographic Partnership
Title III: Operation and Maintenance
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions, and
Limitations
Subtitle C: Depot-Level Activities
Subtitle D: Environmental Provisions
Subtitle E: 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: Matters Relating to Reserve Components
Subtitle C: Officer Education Programs
Subtitle D: Other Matters
Subtitle E: Commissioned Corps of the Public Health
Service
Subtitle F: Defense Economic Adjustment,
Diversification, Conversion, and Stabilization
Subtitle G: Armed Forces Retirement Home
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: General
Subtitle B: Uniformed Services Treatment Facilities
Title VIII: Acquisition Policy, Acquisition Management, and
Related Matters
Title IX: Department of Defense Organization and Management
Subtitle A: General Matters
Subtitle B: National Imagery and Mapping Agency
Title X: General Provisions
Subtitle A: Financial Matters
Subtitle B: Naval Vessels and Shipyards
Subtitle C: Counter-Drug Activities
Subtitle D: Matters Relating to Foreign Countries
Subtitle E: Miscellaneous Reporting Requirements
Subtitle F: Other Matters
Subtitle G: Review of Armed Forces Force Structures
Title XI: Department of Defense Civilian Personnel
Subtitle A: Personnel Management, Pay, and Allowances
Subtitle B: Defense Economic Adjustment,
Diversification, Conversion, and Stabilization
Subtitle C: Defense Intelligence Personnel
Title XII: Federal Charter for the Fleet Reserve Association
Title XIII: 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 XIV: Federal Employee Travel Reform
Subtitle A: Relocation Benefits
Subtitle B: Miscellaneous Provisions
Department of Defense Authorization Act for Fiscal Year 1997 - Division A: Department of Defense Authorizations Department of Defense Authorization Act for Fiscal Year 1997 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for procurement to the armed forces for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement.
(Sec. 104) Authorizes appropriations for FY 1997 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the Defense Health Program.
(Sec. 109) Earmarks funds for the Defense Nuclear Agency.
Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for the Javelin missile system.
(Sec. 112) Amends the National Defense Authorization Act for Fiscal Year 1993 to replace the Assistant Secretary of the Army (Installations, Logistics, and Environment) with the Assistant Secretary of the Army (Research, Development and Acquisition) on State chemical demilitarization citizens' advisory commissions.
(Sec. 113) Directs the Secretary of the Army to conduct a study of, and report to the appropriate congressional committees on, incineration costs for the current chemical munitions stockpile.
(Sec. 114) Amends the Armament Retooling and Manufacturing Support Initiative Act of 1992 to extend the Initiative through FY 1998.
(Sec. 115) Directs the Secretary of the Army to type classify the Electro Optic Augmentation system. Provides funding.
(Sec. 116) Earmarks funds authorized under prior law for the procurement of Bradley TOW 2 test program sets.
(Sec. 117) Directs the Secretary of the Army to conduct and report to the Congress on a pilot program to identify and demonstrate feasible alternatives to incineration for the demilitarization of assembled chemical munitions. Limits the long lead contracting authority for baseline incineration materials under such project. Provides funding.
Subtitle C: Navy Programs - Requires certain certifications by the Secretary of the Navy before funds may be obligated for the EA-6B aircraft reactive jammer program.
(Sec. 122) Authorizes the Secretary of the Navy, with a cost limitation, to enter into multiyear procurement contracts for up to 106 Penguin missiles.
(Sec. 123) Earmarks funds for one remaining Seawolf attack submarine and a New Attack submarine, under specified contract and construction requirements and limitations.
(Sec. 124) Makes funds available for construction of a third Arleigh Burke class destroyer under authority provided in a prior defense authorization Act, with funding limitations. Authorizes the Secretary of the Navy to enter into multiyear contracts for the procurement of 12 such destroyers in accordance with specified contracting and construction requirements during FY 1998 through 2001 (allowing three destroyers to be constructed in each fiscal year).
(Sec. 125) States that a prohibition against the purchase of more than five foreign-built ships using funds from the National Defense Sealift Fund shall not apply to the purchase of three ships for enhancing Marine Corps prepositioning ship squadrons.
(Sec. 126) Amends the National Defense Authorization Act for Fiscal Year 1996 to exempt certain obligations for the Seawolf submarine program from submarine procurement cost limitations under such Act.
(Sec. 127) Prohibits Navy funds appropriated before FY 1997 from being used to develop and procure a specified radar system modification.
Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force to enter into one or more multiyear procurement contracts for the C-17 aircraft program.
Subtitle E: Reserve Components - Requires specified commanding officers of the reserves and National Guard to submit to the Senate and House Armed Forces, National Security, and Appropriations Committees (congressional defense committees) an assessment of the modernization priorities established for that branch of the reserves or National Guard.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for the armed forces for research, development, test, and evaluation (RDT&E). Earmarks funds so authorized for: (1) basic research and exploratory development; (2) the Defense Nuclear Agency; and (3) RDT&E relating to humanitarian demining technologies.
Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds, with limitations, for the space launch modernization program.
(Sec. 212) Authorizes the Secretary of Defense (Secretary) to include the kinetic energy tactical antisatellite program of the Department of Defense (DOD) as an element of the space control architecture being developed by the DOD Space Architect. Provides funding limitations with respect to such program.
(Sec. 213) Makes funds available for the Space-Based Infrared System program for specified purposes. Provide s for the conditional transfer of management oversight of the program.
(Sec. 214) Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a provision earmarking funds for advanced submarine technology activities.
(Sec. 215) Earmarks funds, with limitations, for the Clementine 2 micro- satellite near-Earth asteroid interception mission.
(Sec. 216) Prohibits any DOD official from contracting for the procurement of a higher number of Dark Star unmanned aerial vehicles than necessary to complete procurement of a total of three of such vehicles until flight testing has been completed.
(Sec. 217) Directs the Secretary to report to the Congress comparing the Predator and Dark Star unmanned aerial vehicle programs.
(Sec. 218) Requires a program review and report to the congressional defense 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. 220) Earmarks funds for joint service RDT&E of nonlethal weapons and technologies, with specified elements and limitations.
(Sec. 221) 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.
(Sec. 222) Allows funds authorized to DOD for FY 1997 to be obligated to procure work from a federally funded research and development center or a university-affiliated research center only if the Secretary names such center in a report to the Senate Armed Services and House National Security Committees (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.
(Sec. 223) Earmarks specified Navy RDT&E funds for certain advanced submarine technologies, requiring implementation of the recommendations of the Submarine Technology Assessment Panel. Allows such funds to be used for FY 1996 contracts for the New Attack Submarine in accordance with a specified memorandum of agreement.
(Sec. 224) Earmarks specified Air Force RDT&E funds for basic research in nuclear seismic monitoring.
(Sec. 225) Directs the Secretary to carry out, and report to the defense committees on, a study of Cyclone-class self-defense vessels.
(Sec. 226) Earmarks funds for: (1) computer-assisted education and training at the Defense Advanced Research Projects Agency (DARPA); and (2) DARPA research and development (R&D) of seamless high off-chip connectivity.
(Sec. 228) Directs the Secretary to report to the defense committees a cost-benefit analysis of the FA-18E and F aircraft program.
(Sec. 229) Earmarks funds authorized under this title for: (1) the national polar-orbiting operational environmental satellite system; (2) the intercontinental ballistic missile-EMD program; and (3) R&D in connection with a surgical strike vehicle for use against hardened and deeply buried targets.
Subtitle C: Ballistic Missile Defense - Expresses the sense of the Senate prohibiting the United States during FY 1997 from being bound by any international agreement that would substantively modify the ABM Treaty, unless such agreement is entered into pursuant to the treaty making power of the President under the Constitution.
(Sec. 232) Earmarks funds for specified upper tier theater missile defense systems, with a certification limitation.
(Sec. 233) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to eliminate the requirement that certain items be included in an annual report concerning the ballistic missile defense program.
(Sec. 235) Earmarks funds authorized under this title for: (1) the Scorpius space launch technology program; and (2) the Corps surface-to-air missile medium extended air defense system (with specified limitations and a certification requirement).
(Sec. 237) Directs the President to report annually to the Congress on threats to the United States of attack by ballistic missiles carrying nuclear, biological, or chemical warheads.
(Sec. 238) Expresses support for a Minuteman-based national missile defense system. Requires the Secretary to report to the congressional defense committees on specified matters relating to the Air Force National Missile Defense proposal.
Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through FY 1997 a prohibition on the use of funds to implement an international agreement concerning theater missile defense systems.
Subtitle D: Other Matters - Authorizes alternative testing in lieu of live-fire survivability testing for the F-22 and V-22 aircraft.
Provides funding for such programs.
(Sec. 244) Expresses the sense of the Senate 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.
Subtitle E: National Oceanographic Partnership - National Oceanographic Partnership Act - Directs the Secretary of the Navy to establish the National Oceanographic Partnership Program to promote national security, advance economic development, protect the quality of life, and strengthen science education and communication through increased knowledge of the ocean. Directs the Secretary of the Navy to establish a National Coastal Data Center at each of two educational institutions which are well-established in oceanographic studies. Requires one such Center to be established within one year after the enactment of this Act. Establishes a National Ocean Research Council to report annually to the Congress on activities and achievements under the Program. Directs the Council to establish an Ocean Research Partnership Coordinating Group and an Ocean Research Advisory Panel to perform appropriate responsibilities as assigned by the Council. Directs the Council to select the Partnership projects eligible for support under the Program. Provides funding.
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 for FY 1997 to DOD for working capital and revolving funds. Earmarks funds so authorized for the Defense Nuclear Agency.
(Sec. 304) Authorizes up to $150 million to be transferred from the National Defense Stockpile Transaction Fund for DOD O&M for FY 1997, such amount to be evenly divided between the Army, Navy, and Air Force.
(Sec. 305) Earmarks funds for: (1) the Civil Air Patrol; (2) search and rescue costs; and (3) the SR-71 contingency reconnaissance force.
Subtitle B: Program Requirements, Restrictions, and Limitations - Authorizes funds from the National Defense Sealift Fund to be used for the purchase and conversion, or construction, of up to three ships to enhance Marine Corps prepositioning ship squadrons. Eliminates the requirement that vessels constructed using Fund amounts be built in the United States. Allows up to ten (currently, five) vessels to be purchased from foreign shipyards.
(Sec. 313) Earmarks funds for the procurement of nonlethal weapons capabilities.
(Sec. 314) States that no funds are authorized by this Act to be appropriated to DOD for the Coast Guard within budget subfunction 054.
(Sec. 315) Earmarks funds for the reduction, storage, modeling, and conversion of oceanographic data for use by the Navy.
Subtitle C: Depot-Level Activities - Directs the Secretary to maintain within DOD currently-required logistics activities and capabilities. Requires core-logistics functions to be performed in Government-owned and operated facilities of DOD by DOD personnel using DOD equipment.
(Sec. 322) Increases from 40 to 50 the percentage of all DOD depot-level maintenance and repair workloads that may be contracted out for performance by non-Federal personnel. Maintains such level at 40 percent until submission to the defense committees of a strategic plan for the performance of such maintenance and repair (such plan being required later under this Subtitle). Revises a current reporting requirement with respect to such workloads. Defines "depot-level maintenance and repair workload" for purposes of such contracting limitations.
(Sec. 325) Directs the Secretary to report to the defense committees a strategic plan for the performance of depot-level maintenance and repair for DOD for fiscal years 1998 through 2007. Requires the Comptroller General to review such strategic plan and report results to such committees.
(Sec. 326) Requires an annual report from the Secretary to the defense committees describing the competitive procedures used for contracting for the performance of depot-level maintenance and repair workload activities.
(Sec. 327) Directs the Joint Chiefs of Staff (JCS) to submit annually to the Secretary a report on the privatization of the performance of the various DOD depot-level maintenance workloads. Requires the Secretary to report in turn to the Congress on such matters.
(Sec. 328) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1997 the authority for naval shipyards and aviation depots to engage in defense-related production and services.
(Sec. 329) Limits the expenditure of funds for F-18 aircraft depot maintenance until the Secretary reports to the congressional defense committees on aviation depot maintenance.
(Sec. 330) Prohibits the Secretary, until taking specified action and reporting to the Congress, from contracting for the performance by a private source of any of the depot maintenance currently performed at the Sacramento or San Antonio Air Logistics Centers.
Subtitle D: Environmental Provisions - 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. 342) 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. 343) 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. 344) Authorizes the Secretary to pay to the Hazardous Substance Superfund stipulated civil penalties assessed against various military facilities and installations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
(Sec. 345) 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 Administrator to respond appropriately to a release or threatened release of a hazardous substance. Authorizes the 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.
(Sec. 348) Amends the Act to Prevent Pollution from Ships to allow military vessels to dispose in the ocean certain non-plastic, non- floating garbage if the Secretary of the Navy determines that such ship cannot fully comply with the non-dumping requirements of such Act due to technological infeasibility or impairment of the ship's operations or operational capability. Requires each ship which the Navy plans to decommission between January 1, 2001, and December 31, 2005, to comply to the greatest extent practicable with the ocean dumping limitations of such Act. 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.
(Sec. 349) Authorizes the Secretary and the Secretaries of the military departments to enter into cooperative agreements with States, local governments, and appropriate public and private entities for the preservation, management, maintenance, and rehabilitation of cultural resources on military installations.
(Sec. 350) Directs the Secretary to submit to the congressional defense committees a report that assesses the effects of the proposed withdrawal of public lands at El Centro Naval Air Facility, California, on the operational and training requirements of DOD at that facility.
(Sec. 351) Amends the Act commonly known as the Sikes Act to make hunting and fishing fees collected at closed military installations available for expenditure at any other military reservation for the protection, conservation, and management of fish and wildlife located there.
Subtitle E: Other Matters - Authorizes the contracting out for fire fighting and security guard functions at a private facility at which a Federal activity is located pursuant to a lease of such facility to the Federal Government.
(Sec. 362) Authorizes DOD recruitment funds to be expended for small meals and refreshments provided to specified individuals during personnel recruiting functions.
(Sec. 363) Prohibits the Secretary from using other-than-competitive procedures for the procurement of brand-name commercial items for resale in commissary stores unless such item is regularly sold outside such stores under the same brand name.
(Sec. 364) 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. 365) 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.) Includes a congressional joint committee as an authorized recipient of such assistance.
(Sec. 366) 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 or Paralympics from such authorized assistance. Directs the Secretary to report to the congressional defense committees on any such assistance provided.
(Sec. 367) Authorizes the Secretary to transfer DOD funds to the Administrator of General Services for the renovation of Building One at Fort Benjamin Harrison, Indiana, for use as a Defense Finance and Accounting Service Center.
(Sec. 368) Earmarks funds for use by the Computer Emergency Response Team at the Software Engineering Institute.
(Sec. 370) Authorizes the Nebraska Air National Guard 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 the authorized end strengths for active-duty forces as of the end of FY 1997. Increases from 0.5 to five the percentage of authorized temporary variation in such levels.
(Sec. 403) Provides the authorized end strengths for commissioned officers in grades O-4 through O-6.
(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 and reserve personnel on active duty in support of the reserves.
(Sec. 413) Amends the Military Selective Service Act to limit to 745 the number of military personnel assigned to the administration of the Selective Service System, with a wartime or national emergency exception to such limitation. Prohibits Selected Reserve personnel assigned to the System from being counted against the end strength limitation for such personnel.
Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 1997 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Extends through FY 1997 the authority for the temporary promotion of Navy lieutenants possessing certain critical skills.
(Sec. 502) Provides an exception to the baccalaureate degree requirement for appointments above the Naval Reserve grade of O-2 in the case of appointments of officers to the Seaman to Admiral Program.
(Sec. 503) 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. 504) 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. 505) Reduces from semiannually to annually the required frequency of a report on promotion rates of officers currently or formerly serving in joint duty assignments.
(Sec. 506) 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. 507) Provides service credit, for purposes of eligibility for retired or retainer pay, to Senior Reserve Officer Training Corps (ROTC) cadets and midshipmen for service performed with the Selected Reserve on or after August 1, 1979.
Subtitle B: Matters Relating to Reserve Components - 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 had 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 grade for the position in which the person actually served.
(Sec. 513) Repeals the requirement of physical examinations for members of the National Guard called into Federal service.
(Sec. 514) Authorizes reserve personnel within two years of retirement eligibility to waive the prohibition against the involuntary release of such members within such period.
(Sec. 515) Provides for the retirement of reserve personnel disabled by injury or disease incurred or aggravated while remaining overnight between inactive duty training periods.
(Sec. 516) Provides reserve duty credit for participation in the Health Professions Scholarship and Financial Assistance Program if the person completes the course of study, completes the active duty obligation, and possesses a specialty designated as one critically needed in wartime.
(Sec. 517) Directs the Secretary to report to the Congress on the current and projected force structure of the National Guard and other reserve components.
(Sec. 518) Amends the National Defense Authorization Act for Fiscal Year 1996 to increase by 50 the authorized number of military technicians in the Air National Guard for FY 1997.
Subtitle C: Officer Education Programs - Increases the maximum age limit before appointment to: (1) the Senior ROTC, to less than 27 years of age; and (2) a military service academy, to less than 23 years of age.
(Sec. 522) Directs the Secretary of the Army to carry out, and report to the Congress in each of 1998 through 2001 on, a demonstration project assessing the feasibility and advisability of providing instruction and other support to units of the Army ROTC through members of the Army Reserve and Army National Guard. Terminates such authority four years after enactment of this Act.
(Sec. 523) 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 congressional defense committees a report concerning such reorganization or terminations.
Subtitle D: Other Matters - Allows no more than 25 (currently, 15) formerly retired general or flag officers of an armed force to be serving on active duty concurrently pursuant to orders issued by the Secretary of such military department. Provides exceptions and limits to the periods of recalled service.
(Sec. 533) Provides disability coverage for officers granted excess leave in order to participate in an educational program. Entitles such members to eligibility for: (1) placement on the temporary disability retirement list; and (2) separation from the armed forces.
(Sec. 534) Directs the Secretary to prescribe regulations setting forth uniform policies and procedures for the retention of military personnel who are permanently nonworldwide assignable for medical reasons.
(Sec. 535) Authorizes the Secretary concerned to extend the current one- year authorized waiting period before entry into the armed forces under the delayed entry program for an additional 180 days if such Secretary determines the additional period to be in the best interests of that armed force.
(Sec. 536) 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. 537) 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. Repeals the requirement that counsel represent a missing person during inquiries as to their 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; (2) the right of judicial review of a missing or dead status determination; and (3) the inclusion of certain information upon a determination of death of a missing person.
(Sec. 538) States that the three-year statute of limitations for filing claims for the correction of military records is not extended by reason of military service, but provides an exception in the interests of justice.
(Sec. 539) Authorizes the President, notwithstanding specified time limitations, to award the Medal of Honor to certain named individuals for acts of heroism while serving in the U.S. Army during World War II
(Sec. 540) 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 lieutenant colonel.
(Sec. 541) 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. 542) Waives a statutory time limitation with respect to the award of the Distinguished Flying Cross, as well as certain other awards given for the successful completion of combat missions, to specified individuals.
(Sec. 543) Military Personnel Stalking Punishment and Prevention Act of 1996 - Amends the Federal criminal code to prescribe penalties to be imposed upon anyone who, with the intent to injure or harass any military person, places such person or a family member in reasonable fear of death or bodily injury.
Subtitle E: Commissioned Corps of the Public Health Service - Applies to an officer in the Commissioned Corps of the Public Health Service (PHS) a current prohibition on crediting enlisted service performed as a cadet or midshipman as service as an officer in the armed forces.
(Sec. 562) Amends the Public Health Service Act to except from PHS commissioned officer end strength limitations those officers who are assigned to duty in DOD.
Subtitle F: Defense Economic Adjustment, Diversification, Conversion, and Stabilization - Makes permanent the current conditional authority to expand the DOD law enforcement personnel placement assistance program to include fire fighters.
(Sec. 572) Requires (currently, authorizes) the Secretary, and the Secretary of Transportation with respect to the Coast Guard, to establish a program providing assistance to separated military personnel to obtain certification and employment as teachers or teachers' aides. Reduces from five to two school years the period in which the individual must agree to be employed in such a position after receiving such assistance. 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 teachers' aides.
Subtitle G: Armed Forces Retirement Home - Amends the Armed Forces Retirement Home Act of 1991 to authorize the Chairman of the Retirement Home Board or the director of each individual establishment of the Armed Forces Retirement Home to accept voluntary services from any person, unless such services are disapproved by the Board. Provides voluntary service requirements and limitations, as well as the Federal employee status of such persons while performing such services. Allows such Chairman or director to reimburse such volunteers for incidental expenses incurred in providing such services.
(Sec. 583) Authorizes the Retirement Home Board to sell or otherwise dispose of specified property under their control in Washington, D.C., under specified terms and conditions, including a required notification to the defense committees of any such disposals.
(Sec. 584) Provides for the terms of appointment for members of Retirement Home governing boards. Authorizes the Board to waive certain dual compensation prohibitions with respect to the director of an individual retirement home or one of its employees, allowing for the adjustment of such pay in consideration of the dual compensation.
(Sec. 585) Amends the National Defense Authorization Act for Fiscal Year 1995 to delay until the end of FY 1998 the implementation of a new fee structure for residents of the military retirement homes (delays similarly the end date of a series of three reports with respect to such fee implementation). Directs the Secretary to report to the Congress on meeting the funding needs of the Armed Forces Retirement Home in a manner that is fair and equitable to its residents as well as to members of the armed forces who provide required monthly contributions for the Home.
(Sec. 586) Authorizes appropriations for FY 1997 from the Armed Forces Retirement Home Trust Fund for the operation of the Home.
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 rates of basic pay and basic allowance for subsistence. Increases by 4.0 percent, on the same date, the rate of basic allowance for quarters (BAQ).
(Sec. 602) Repeals the requirement that the rates of monthly cadet and midshipman 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 commencement of such hospitalization.
(Sec. 604) Authorizes a BAQ for certain members (single or married personnel of specified grades) assigned to sea duty.
(Sec. 606) 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. 607) 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.
(Sec. 614) Increases the special pay for dental officers of the armed forces.
(Sec. 615) Repeals the requirement limiting special pay for optometrists to those in the armed forces (thereby qualifying PHS optometrists for such pay).
(Sec. 616) Authorizes special pay as nonphysician health care providers for officers in the PHS Regular or Reserve Corps.
(Sec. 617) 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 - Authorizes the payment of a travel expense for travel from a new duty station to the port of debarkation to pick up a privately owned vehicle.
(Sec. 622) Allows a member authorized to have a vehicle shipped to a foreign country due to a change of duty station to store such vehicle at Government expense in lieu of such shipping when the government of such foreign country precludes the entry of such vehicle or requires extensive vehicle modification before such entry is permitted.
(Sec. 623) Authorizes a member to defer travel leave permitted between consecutive tours of duty for up to one additional year due to participation in a contingency operation.
(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) 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. 633) States that Survivor Benefit Plan COLAs shall become effective concurrently with the payment of related military retirement pay COLAs.
(Sec. 634) Directs the Secretary concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on such date; or (2) was a member of the reserves between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired pay but for being under 60 years of age. Terminates the Secretary's authority to pay such annuities on September 30, 2001.
(Sec. 635) Increases the annual income limitation, for purposes of eligibility for supplemental income, for certain spouses of former military personnel.
(Sec. 636) Amends Federal employee provisions to provide that if 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), 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 same amount of annuity deductions and spousal payments that would have been deducted and paid from the military retired pay.
Subtitle E: Other Matters - 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. 642) Authorizes the withholding for Federal income tax purposes of amounts from the separation pay received by involuntarily separated military personnel.
(Sec. 643) Directs the Secretary to make a payment of $40,000 to any person who demonstrates that he or she was captured and incarcerated by the Democratic Republic of Vietnam after having entered into its territory pursuant to operations conducted under OPLAN 34A or its predecessor (Vietnamese commando operations).
Title VII: Health Care Provisions - Subtitle A: General - Revises the implementation deadline with respect to the requirement for a Selected Reserve dental insurance plan.
(Sec. 702) Provides a dental insurance plan for: (1) members and former members entitled to retired or retainer 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 an enrollee.
(Sec. 703) Directs the Secretary to take necessary action to provide a uniform software package for use by providers of health care under the TRICARE program (a DOD managed health care program) and by military treatment facilities for the computerized processing of information.
(Sec. 704) Includes as authorized third party payers under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) a workers' compensation program or plan, as well as a personal injury protection or benefits plan for injuries resulting from the operation of a motor vehicle.
(Sec. 705) Provides for the crediting of amounts collected in the administration of CHAMPUS.
(Sec. 706) Directs the Comptroller General to analyze the effectiveness of the medical research and clinical care programs of DOD that relate to Persian Gulf illnesses, including the use of experimental drugs, and to report study results to the Congress.
(Sec. 707) Repeals a provision prohibiting any DOD medical facility from being used to perform an abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of rape or incest.
(Sec. 708) 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 are permitted to be enrolled in the managed care operation of the TRICARE program 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.
(Sec. 709) 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. Makes eligible for health care under CHAMPUS any child of a Gulf War veteran born after August 2, 1990, with a congenital defect or catastrophic illness not specifically excluded from coverage.
(Sec. 710) Provides preventive health care screening under CHAMPUS for colon and prostate cancer.
Subtitle B: Uniformed Services Treatment Facilities - Requires the health care delivery 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 enter into an agreement with each designated provider to provide managed health care services to covered CHAMPUS beneficiaries.
(Sec. 723) Requires a designated provider to offer its enrollees the maximum allowable payments to individual health care providers under CHAMPUS.
(Sec. 724) Sets forth limitations on the number of covered beneficiaries authorized to be enrolled in managed care plans offered by designated providers. 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 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 for health care charges for enrollees of a designated provider.
(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.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Earmarks funds authorized under this Act for DOD procurement technical assistance programs.
(Sec. 802) Amends the National Defense Authorization Act for Fiscal Year: (1) 1991 to extend through FY 1998 the Mentor-Protege pilot program; and (2) 1994 to modify and extend through FY 2001 the authority of DOD to carry out prototype projects directly relevant to proposed weapons or weapon systems.
(Sec. 804) Repeals specified provisions relating to program requirements and administration of a national defense program for analysis of the 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. Repeals the requirement of a periodic defense capability plan under such base. Directs the Secretary to prescribe departmental 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. 805) Authorizes the Secretary to require that the procurement of small arms parts and modifications be made only from firms listed in a specified plan prepared by an independent assessment panel of the Army Science Board.
(Sec. 807) Treats a DOD cable television franchise agreement as a contract for telecommunications services under the Federal Acquisition Regulation.
(Sec. 808) Provides reinstatement and other remedies for employees against whom certain reprisal actions are taken for providing information as to possible violations of law (whistle blowers).
(Sec. 809) Directs the Secretary to include in a currently-required report specified matters relating to information resources management by the Federal Government. Directs the Secretary to ensure that all information technology acquired by DOD pursuant to contracts entered into after September 30, 1996, have certain capabilities relating to the fault-free processing of dates and date-related data. Requires a report to the Congress.
(Sec. 810) 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 supplemented agreements. Protects agreement information from disclosure for a five-year period.
(Sec. 811) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend until December 31, 1998, the due date of a report from the Secretary to the Congress evaluating a demonstration project for the purchase of fire, police, and other utility services from local government agencies in the Monterey, California, area.
(Sec. 812) 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.
(Sec. 813) 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.
Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal provisions requiring a reorganization of the Office of the Secretary of Defense.
(Sec. 902) Codifies requirements provided under prior law with respect to: (1) the continued operation of the Uniformed Services University of the Health Sciences, as well as the required end strengths for University personnel; and (2) the requirements for a United States Army Reserve Command and the assignment of forces under such Command.
(Sec. 904) 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. 905) Redesignates the: (1) Office of Naval Records and History Fund as the Naval Historical Center Fund; and (2) Office of Naval Records and History as the Naval Historical Center.
(Sec. 906) Directs the Secretary, before submitting a recommendation to the President for the position of Director of the Defense Intelligence Agency, to consult with and seek the concurrence of the Director of Central Intelligence. Requires the Director of Central Intelligence to report annually to the Secretary an evaluation of the performance of the Directors of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency with regard to the National Foreign Intelligence Program.
(Sec. 907) Outlines specified matters to be considered by the JCS Chairman in the next periodic review of the missions, responsibilities, and force structure of the unified combatant commands.
(Sec. 908) Requires the Director of the Ballistic Missile Defense Organization to take necessary actions to ensure that the establishment of the National Missile Defense Joint Program Office does not make it necessary for a Federal contractor to reduce the number of personnel employed by such contractor for supporting the national missile defense development program at any location outside the National Capital Region.
Subtitle B: National Imagery and Mapping Agency - National Imagery and Mapping Agency Act of 1996 - Part I: Establishment - Establishes the National Imagery and Mapping Agency (Agency) as a combat support agency of DOD, with a Director appointed by the President. Requires the Secretary to seek the concurrence of the Director of Central Intelligence (CIA) in recommending an individual as a Director of the Agency. Empowers the CIA Director with specified authority over the national imagery collection assets. 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.
Empowers the Secretary with civilian personnel management authority over Agency employees, including the authority to hire personnel, fix the rates of pay, authorized allowances, and COLAs, and to terminate employees. Authorizes the Secretary to designate National Imagery and Mapping Senior Level positions.
Authorizes the Secretary to establish a National Imagery and Mapping Senior Executive Service for senior civilian personnel within the Agency, under specified requirements. Provides related authorities, including details and assignments outside of the Agency as well as labor and management bargaining rights and obligations. Requires congressional oversight of the Agency as a combat support agency.
(Sec. 922) Transfers specified missions and functions within DOD (the Defense Mapping Agency and the Central Imagery Office) and the CIA (the National Photographic Interpretation Center) to the Agency, including related personnel and other assets.
(Sec. 923) Amends the National Security Act of 1947 to direct the Secretary to perform various imagery functions through the Agency in furtherance of national security. Provides other personnel management authorities. Requires the Agency to support the imagery requirements of the State Department and other departments and agencies outside of DOD. Requires the CIA Director to: (1) develop and implement programs and policies to review and correct deficiencies in the capabilities of the Agency to accomplish assigned missions; and (2) have collection tasking authority with respect to national imagery collection assets, except as otherwise agreed by the Director and the Secretary pursuant to the direction of the President.
(Sec. 925) Provides creditable civilian service for current Defense Mapping Agency employees who continue their service with the new Agency. Provides savings provisions.
(Sec. 928) Authorizes appropriations for the Agency for FY 1997.
Part II: Conforming Amendments and Effective Dates - Makes technical and conforming amendments necessitated by the creation of the Agency and the termination of the Defense Mapping Agency and the Central Imagery Office.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of 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) Authorizes certain unauthorized FY 1996 defense appropriations to be obligated for DOD programs, projects, and activities in accordance with FY 1996 defense appropriations.
(Sec. 1003) 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. 1004) 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. 1005) Authorizes the use of DOD funds for the military education and training of military and civilian personnel of foreign countries (under the military-to-military contacts program).
(Sec. 1006) Authorizes the payment of certain personnel, equipment, services, and supplies expenses related to the provision by DOD of humanitarian and civic assistance.
(Sec. 1007) Expresses the sense of the Congress that, whenever the President directs the Secretary to provide disaster assistance outside the United States, the President should direct the Administrator of the Agency for International Development to reimburse DOD for such costs.
(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 treatment 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) Authorizes a Federal disbursing official to undertake check cashing and other exchange transactions at a Federal credit union that is operating at DOD invitation in a foreign country where contractor-operated military banking facilities are not available.
Subtitle B: Naval Vessels and Shipyards - Authorizes the Secretary of the Navy to transfer to the governments of Egypt, Mexico, New Zealand, Portugal, Taiwan, and Thailand specified naval vessels. Directs such Secretary to require that any repair or refurbishment of such vessels take place at a U.S. shipyard, including a Navy shipyard. Terminates such transfer authority two years after enactment of this Act.
(Sec. 1022) Directs the Secretary of the Navy to transfer 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.
(Sec. 1023) 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. 1024) Reaffirms the sense of the Congress that the Secretary of the Navy should plan for and budget the acquisition of 19 large, medium-speed, roll-on, roll-off vessels rather than only 17 such vessels (as in the current contract).
(Sec. 1025) Calls for the Secretary to use existing authorities to 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 to provide additional counter-drug support to the Government of Mexico during FY 1997. Provides funding. Prohibits: (1) the obligation or expenditure of funds for such purpose until the Secretary makes a certification concerning authorized and prohibited uses of such support funds; and (2) the use of certain military equipment as part of such support.
(Sec. 1032) Prohibits DOD funds from this or any other Act from being obligated or expended for the National Drug Intelligence Center, Johnstown, Pennsylvania, with an exception. Requires: (1) a joint investigation of the operations of such Center by specified inspectors general and the Comptroller General; and (2) a joint report to the Congress on the results of such investigation.
Subtitle D: Matters Relating to Foreign Countries - 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. governments.
(Sec. 1042) Amends the Foreign Assistance Act of 1961 to provide for the reciprocal exchange of personnel between the United States and foreign countries for attendance at flight training schools or programs.
(Sec. 1043) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1998 the authority to support international nonproliferation activities.
(Sec. 1044) 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 and other countries or areas designated by the President, unless such imagery is no more detailed or precise than the imagery of the country or area concerned that is routinely available from public sources.
(Sec. 1045) Directs the President to seek to have each nation increase its share of any common defense burden shared with the United States. Authorizes actions against nations failing to increase their shares. 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 the U.S. armed forces that are permanently stationed outside the United States.
(Sec. 1046) Expresses the sense of the Senate 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 proliferation.
(Sec. 1047) Directs the President to report to specified congressional committees on NATO enlargement. Requires an independent assessment of any such enlargement by congressional leaders appointed by the Senate Majority Leader and Speaker of the House.
Subtitle E: Miscellaneous Reporting Requirements - Requires an annual report from the JCS Chairman to the defense committees on emerging operational concepts.
(Sec. 1052) Requires the Secretary to report to the defense committees on a joint war fighting science and technology plan.
(Sec. 1053) Directs the JCS Chairman to report to the congressional defense committees on the military readiness requirements of the armed forces. Requires such report to be prepared by the Chief of Staff (Commandant, for the Marines) of each armed force.
(Sec. 1054) Directs the Secretary to annually transmit to the President a separate report from the Reserve Forces Policy Board on the reserve programs of DOD.
(Sec. 1055) 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.
(Sec. 1056) Directs the Secretary to report to the Congress on the facilities used for testing launch vehicle engines.
Subtitle F: Other Matters - Amends the Uniform Code of Military Justice 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 the United States Court of Appeals for the Armed Forces when such Court was expanded on October 1, 1990 (making such term seven years).
(Sec. 1062) Prohibits DOD funds from being obligated or expended during FY 1997 for retiring or dismantling B-52H bomber aircraft, Trident ballistic missile submarines, Minuteman II ICBMs, or Peacekeeper ICBMs. Authorizes a waiver of such prohibition when determined necessary to implement the START II Treaty. Directs the Secretary of the Air Force to maintain in active status the current fleet of B52H bomber aircraft through FY 2001.
(Sec. 1063) Corrects legal and statutory references with respect to the North American Aerospace Defense Command and the Defense Distribution Depot, Anniston, Alabama.
(Sec. 1064) Authorizes certain members of the reserves to act as a notary public or U.S. consul.
(Sec. 1065) Authorizes military personnel to use non-Government facilities for training activities.
(Sec. 1066) 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 in which they are incapacitated.
(Sec. 1067) Prohibits DOD funds from being used to adopt or enforce any rule or other prohibition that discriminates against the display of the flag of a particular State, territory, or possession of the United States at an official ceremony at any installation or other facility of DOD at which the official flags of other U.S. States, territories, or possessions are being displayed.
(Sec. 1068) Authorizes the Secretary to: (1) accept gifts and donations from foreign governments and other individuals or entities within foreign countries in order to defray the costs of operation of the George C. Marshall European Center for Strategic Security Studies; (2) permit representatives of a foreign government to participate in a program at the Center when found to be in the U.S. national interest; and (3) waive certain financial disclosure requirements for a foreign member of the Board of Visitors of the Center serving without compensation.
(Sec. 1069) Authorizes the Speaker of the House and 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. 1070) Redesignates the Nellis Federal Hospital in Las Vegas, Nevada, as the Michael O'Callaghan Federal Hospital.
(Sec. 1071) Expresses the sense of the Senate that the Secretary should name Building A at the Uniformed Services University of the Health Sciences as the David Packard Building.
(Sec. 1072) Expresses regret that Japan has refused to consider continuation of a government-to-government agreement to ensure the 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 continuation of a U.S.-Japan semiconductor trade agreement before the current agreement expires.
(Sec. 1073) Authorizes the Secretaries of Transportation and the military departments to each carry out a food donation pilot program at the service academy under such Secretary's jurisdiction.
(Sec. 1074) Designates the memorial being constructed by the National D-Day Memorial Foundation in Bedford, Virginia, as the National D-Day Memorial.
(Sec. 1075) 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 in 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. Requires fields studied by such students to be related to U.S. national security interests. 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. 1076) Makes unallowable as covered costs under a Federal or defense contract compensation costs of an individual to the extent that the total compensation paid in a fiscal year to such individual exceeds $200,000.
(Sec. 1077) Expresses the sense of the Senate that DOD and Federal, State, and local agencies, as well as businesses and communities, should develop partnerships in the: (1) conduct of youth programs; and (2) provision of child care services.
(Sec. 1079) Increases the penalties for certain traffic offenses committed on military installations.
(Sec. 1080) Pharmaceutical Industry Special Equity Act of 1996 - Provides that, with respect to any modified-term patent for a new drug, Federal patent infringement remedies shall not apply if: (1) such patent is the subject of a certification under the Federal Food, Drug, and Cosmetic Act that another patent is invalid or will not be infringed by the manufacture, use, or sale of the new drug; (2) such certification is made in an application filed and accepted by the Food and Drug Administration prior to June 8, 1995; and (3) a final order has been entered in a patent infringement action finding that the person submitting the application made a substantial investment in such product and establishing the amount of equitable remuneration that is required to be paid to the person who submitted the application for the product that is the subject of the certification. Provides for the determination of "substantial investment." Applies certain benefits and term extensions to all new drug patents in force on June 8, 1995. Extends for an additional two-year period certain patents for nonsteroidal anti-inflammatory drugs requiring notification of such extension from the patentee to the Commissioner of Patents and Trademarks. Provides expedited procedures for civil actions brought to determine the rights of parties affected by changes made under this section.
(Sec. 1081) Amends the Information Technology Management Reform Act of 1996 to specify the national security systems to which such Act shall apply.
(Sec. 1082) 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 Agency certifies that there is no reasonable cause to believe that such sale would result in the illegal manufacture of a controlled substance.
(Sec. 1083) Requires excess DOD operational support airlift aircraft to be inactivated and stored at Davis-Monthan Air Force Base, Arizona, pending the completion of a cost-benefit analysis.
(Sec. 1084) 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. 1085) 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.
(Sec. 1087) Earmarks funds for the construction at Lackland Air Force Base, Texas, of a facility to provide care and rehabilitative services to military dependent children with disabilities.
(Sec. 1088) Amends the Federal criminal code to prohibit the teaching, demonstration, or distribution of information relating to explosive materials if the person intends or knows that such materials will be used for a criminal purpose.
(Sec. 1089) 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.
Subtitle G: Review of Armed Forces Force Structures - Armed Forces Force Structures 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.
(Sec. 1094) 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 XI: Department of Defense Civilian Personnel - Subtitle A: 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, to convert 3,000 military positions to civilian positions.
(Sec. 1102) Authorizes the Secretary to retain civilian employee positions of DOD at a military installation which is to be closed and which is scheduled for transfer during FY 1997 to National Guard operation and control, in order to facilitate active and reserve component training at such installation. Limits the maximum number of positions retained to 20 percent of the Federal civilian work force employed at such installation as of September 8, 1995.
(Sec. 1104) Authorizes the Secretary to provide DOD civilian 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. 1105) 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. 1106) 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. 1107) 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. 1108) Authorizes the Secretary to provide reimbursement to DOD domestic dependent school board members for expenses incurred in the performance of school board duties.
(Sec. 1109) Extends through FY 2001 the authority for civilian DOD employees to participate in voluntary DOD reductions-in-force.
(Sec. 1110) Authorizes an agency head to grant employee compensatory time off in lieu of overtime pay for time spent in irregular or overtime work.
(Sec. 1111) 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. 1112) 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. 1113) Provides Federal holiday observance procedures for DOD employees when a holiday occurs on that employee's regularly scheduled day off.
(Sec. 1114) 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.
Subtitle B: Defense Economic Adjustment, Diversification, Conversion, and Stabilization - Authorizes the Secretary to establish a pilot program under which Federal retirement benefits are provided to persons who convert from Federal employment in the Navy or Air Force to employment with a DOD contractor in connection with the privatization of the performance 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; (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.
(Sec. 1122) Directs (currently authorizes) the Secretary to establish a program providing assistance to terminated DOD employees and DOD contractor employees in obtaining certification and employment in the private sector as teachers and teachers' aides (known as the troops-to-teachers program). Reduces from five to two school years the period of obligated service after such assistance and certification.
Subtitle C: Defense Intelligence Personnel - Department of Defense Civilian Intelligence Personnel Reform Act of 1996 - Authorizes the Secretary to: (1) establish in the excepted service such defense intelligence positions necessary to carry out defense intelligence functions, but not to exceed the number of such positions established as of January 1, 1996; (2) establish necessary Intelligence Senior Executive Service positions; (3) appoint individuals to the positions established; and (4) fix the compensation of such individuals.
Authorizes the Secretary to: (1) establish an Intelligence Senior Executive Service; (2) designate certain defense intelligence positions as Intelligence Senior Level positions; (3) authorize appointing officials to make time limited appointments to defense intelligence positions specified in applicable regulations (requiring the Secretary to review such appointments); and (4) terminate any defense intelligence employee (under specified requirements) if considered to be in the best interests of the United States and if other Federal employment termination provisions cannot be invoked consistent with the national security.
Title XII: 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 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.
Title XIII: Defense Against Weapons of Mass Destruction - Defense Against Weapons of Mass Destruction Act of 1996 - Subtitle A: Domestic Preparedness - Directs the Secretary to carry out a civilian training program regarding emergency responses to a use or threatened use of a weapon of mass destruction (WMD) or related materials. Authorizes the President to designate another agency head to assume responsibility for such program on or after October 1, 1999. Provides funding and earmarks a specified amount of such funds to be used to assist the U.S. Surgeon General in the establishment of metropolitan emergency medical response teams.
(Sec. 1312) Directs the Secretary and the Secretary of Energy to designate a department official to coordinate assistance to Federal, State, and local officials in response to threats involving nuclear weapons or related materials or technologies.
(Sec. 1313) Authorizes the Secretary, upon request of the Attorney General, to provide assistance in support of Department of Justice activities during an emergency situation involving a biological chemical WMD. 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 biological and chemical WMDs within the United States. Requires reports from the President to the Congress on the policy functions and operational roles of Federal agencies in countering such a threat.
(Sec. 1314) Directs the Secretary to develop and carry out a program for testing and improving the response of Federal, State, and local agencies to emergencies involving: (1) biological and chemical weapons and related materials; and (2) nuclear and radiological weapons and related materials.
Subtitle B: Interdiction of Weapons of Mass Destruction and Related Materials - Earmarks funds for the procurement of equipment capable of detecting and interdicting the movement of WMDs and related materials into the United States. Authorizes the Secretary to make such equipment available to the Commissioner of Customs for such use.
(Sec. 1322) Authorizes each of the Secretaries of Defense and Energy to carry out R&D of technical means for detecting the presence, transportation, production, and use of WMDs and technologies and materials that are precursors of such weapons. Provides funding.
(Sec. 1323) Amends the International Emergency Economic Powers Act to state that the President does not have the power to investigate, regulate, or prohibit the attempted importation from any country, or exportation, of: (1) property in which any foreign country or national has an interest; or (2) specified information or informational materials.
(Sec. 1324) Urges the United States Sentencing Commission to increase the penalties for offenses relating to the importation and exportation of nuclear, biological, or chemical weapons or related materials or technologies.
(Sec. 1325) Directs the Secretary to carry out programs for assisting customs and border guard officials in the independent states of the former Soviet Union, the Baltic states, and other Eastern European countries 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 - Authorizes the Secretary of Energy, through DOD, to provide assistance for securing from theft or other unauthorized disposition nuclear materials that are located at any site within the former Soviet Union where effective security controls are not in place.
(Sec. 1332) Earmarks funds for cooperative activities with Russia for the development of nuclear weapons dismantlement, conversion, and verification technology. Amends the National Defense Authorization Act for Fiscal Year 1996 to include the elimination, and safe transportation and storage, of fissile materials suitable for use in nuclear weapons as an authorized program under the Cooperative Threat Reduction program.
(Sec. 1333) Directs the Secretary to develop a cooperative program with Russia to eliminate the production of weapons grade plutonium through the replacement of certain reactor.
(Sec. 1334) Directs the Secretary of Energy to expand the Industrial Partnership Program of the Department of Energy (DOE) to include coverage of all of the independent states of the former Soviet Union. Directs the Secretary of Defense to establish a program to support the dismantlement, or conversion to nondefense purposes, of the biological and chemical weapons facilities in such states. Provides funding.
(Sec. 1335) Authorizes the Secretary of Energy to expand the DOE Lab-to-Lab program to improve the safety and security of nuclear materials in such states of the former Soviet Union where such program is not currently being carried out. Provides funding.
(Sec. 1336) Makes the Secretary of Energy responsible for carrying out U.S. cooperative activities with Russia on improving the security of highly enriched uranium used for propulsion of Russian military and civilian ships.
(Sec. 1337) Earmarks funds for expanding military-to-military programs of the United States that focus on countering the threats of proliferation of WMDs so as to include the security forces of independent states of the former Soviet Union.
Subtitle D: Coordination of Policy and Countermeasures Against Proliferation of Weapons of Mass Destruction - Directs the President to designate an individual in the Executive Office of the President to serve as the National Coordinator for Nonproliferation Matters. Requires the senior directors of the National Security Council (NSC) to report to the Coordinator regarding specified nonproliferation matters. Earmarks funds authorized under this Act for nonproliferation research efforts.
(Sec. 1342) Establishes within the NSC the Committee on Nonproliferation to review and coordinate, and make recommendations to the President regarding, Federal programs, policies, and directives relating to the proliferation of WMDs and related materials and technologies, including matters relating to terrorism and international organized crime.
(Sec. 1343) Directs the President to develop, and report to the Congress on, a comprehensive program for carrying out this title.
(Sec. 1344) Provides that, after September 30, 1999, the President: (1) is not required to maintain a Coordinator; and (2) may terminate the Committee.
Subtitle E: Miscellaneous - Expresses the sense of the Congress that the Secretaries of Defense, Energy, the Treasury, and State should contract directly with suppliers in the independent states of the former Soviet Union to facilitate the purchase of goods and services necessary to carry out programs for the control and disposition of WMDs and related materials threatening the United States.
(Sec. 1352) Allows funds authorized in a prior defense authorization Act for Cooperative Threat Reduction (CTR) programs to be used for any such purposes without regard to program allocation requirements set forth in such Act.
(Sec. 1353) Authorizes assistance from CTR and other programs to additional states of the former Soviet Union other than Russia, Ukraine, Kazakstan, and Belarus, as long as the President certifies to the Congress that it is in the U.S. national security interest to do so.
(Sec. 1354) Expresses the sense of the Congress that U.S. allies and other nations should participate in efforts to ensure that stockpiles of weapons-grade nuclear material are reduced. Urges the Secretary of State to encourage other countries to purchase low-enriched uranium that is derived from highly-enriched uranium extracted from Russian nuclear weapons.
(Sec. 1355) Expresses the sense of the Congress that the Secretaries of Defense, Energy, the Treasury, and State should purchase, package, and transport to secure locations weapons-grade nuclear materials from a stockpile when there is a significant risk of the theft of such materials.
(Sec. 1356) Reduces by: (1) $150 million the total amount authorized to be appropriated under this Act for Navy RDT&E; and (2) $85 million the amount authorized to be appropriated for defense-wide O&M.
Title XIV: Federal Employee Travel Reform - Travel Reform and Savings Act of 1996 - Subtitle A: Relocation Benefits - Revises provisions which empower Federal agencies with the authority to reimburse transferred or reemployed Federal employees for relocation expenses. Provides reimbursement for specified types of relocation expenses which are currently non-reimbursable.
Subtitle B: Miscellaneous Provisions - Repeals the long-distance telephone call certification requirement.
(Sec. 1433) Directs the General Accounting Office to report to specified congressional committees an assessment of the cost savings to Federal travel administration resulting from changes made under this title.
Became Public Law No: 104-201.
Held at the desk.
Committee on Armed Services ordered to be reported an original measure.
Introduced in Senate
Committee on Armed Services. Original measure reported to Senate by Senator Thurmond. Without written report.
Committee on Armed Services. Original measure reported to Senate by Senator Thurmond. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 408.
Measure laid before Senate. (consideration: CR S7612)
Senate struck all after the Enacting Clause and substituted the language of S. 1745 amended. (Sections 1 and 2, Division A only).
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Held at the desk.
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