S. 1124 (104th): National Defense Authorization Act for Fiscal Year 1996

Introduced:
Aug 07, 1995 (104th Congress, 1995–1996)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 104-106.
Sponsor
Strom Thurmond
Senator from South Carolina
Party
Republican
Text
Read Text »
Last Updated
Jan 26, 1996
Length
519 pages
Related Bills
S. 1026 (identical)

Reported by Committee
Last Action: Jun 29, 1995

H.R. 1530 (Included-In)
National Defense Authorization Act for Fiscal Year 1996

Vetoed & Override Failed in House
Jan 03, 1996

 
Status

This bill was enacted after being signed by the President on February 10, 1996.

Progress
Reported by Committee Jun 29, 1995
Introduced Aug 07, 1995
Passed Senate Sep 06, 1995
Passed House Jan 05, 1996
Conference Report Agreed to by House Jan 24, 1996
Conference Report Agreed to by Senate Jan 26, 1996
Signed by the President Feb 10, 1996
 
Full Title

An original bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

Summary

No summaries available.

Votes
On the Conference Report
Jan 24, 1996 3:14 p.m.
Passed 287/129
On the Conference Report
Jan 26, 1996 6:39 p.m.
Conference Report Agreed to 56/34

Cosponsors
none
Committees

Senate Armed Services

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


1/22/1996--Conference report filed in House.
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: Chemical Demilitarization Program Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Ballistic Missile Defense Act of 1995 Subtitle D: Other Ballistic Missile Defense Provisions Subtitle E: Miscellaneous Reviews, Studies, and Reports Subtitle F: Other Matters 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: Miscellaneous Reviews, Studies, and Reports Subtitle G: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Matters Relating to Reserve Components Subtitle C: Decorations and Awards Subtitle D: Officer Education Programs Subtitle E: Miscellaneous Reviews, Studies, and Reports Subtitle F: Other Matters Subtitle G: Support for Non-Department of Defense Activities 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 Reform Subtitle B: Other Matters Title IX: Department of Defense Organization and Management Subtitle A: General Matters Subtitle B: Financial Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels and Shipyards Subtitle C: Counter-Drug Activities Subtitle D: Civilian Personnel Subtitle E: Miscellaneous Reporting Requirements Subtitle F: Repeal of Certain Reporting and Other Requirements and Authorities Subtitle G: Department of Defense Education Programs Subtitle H: Other Matters Title XI: Uniform Code of Military Justice Subtitle A: Offenses Subtitle B: Sentences Subtitle C: Pretrial and Post-Trial Actions Subtitle D: Appellate Matters Subtitle E: Other Matters Title XII: Cooperative Threat Reduction With States of Former Soviet Union Title XIII: Matters Relating to Other Nations Subtitle A: Peacekeeping Provisions Subtitle B: Humanitarian Assistance Programs Subtitle C: Arms Exports and Military Assistance Subtitle D: Burdensharing and Other Cooperative Activities Involving Allies and NATO Subtitle E: Other Matters Title XIV: Arms Control Matters Title XV: Technical and Clerical Amendments Title XVI: Corporation for the Promotion of Rifle Practice and Firearms Safety Subtitle A: Establishment and Operation of Corporation Subtitle B: Transitional Provisions Title XXI (sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Housing Privatization Initiative Subtitle B: Other Military Construction Program and Military Family Housing Changes Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Generally Subtitle E: Land Conveyances Involving Utilities Subtitle F: Other Matters Title XXIX: Land Conveyances Involving Joliet Army Ammunition Plant, Illinois Subtitle A: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie Subtitle B: Other Land Conveyances Involving Joliet Army Ammunition Plant Subtitle C: Miscellaneous Provisions 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 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 Subtitle A: Administration of Naval Petroleum Reserves Subtitle B: Sale of Naval Petroleum Reserve Title XXXV: Panama Canal Commission Subtitle A: Authorization of Appropriations Subtitle B: Reconstitution of Commission as Government Corporation Title XLI (sic): Competition Title XLII: Commercial Items Title XLIII: Additional Reform Provisions Subtitle A: Additional Acquisition Reform Provisions Subtitle B: Technical Amendments Title XLIV: Effective Dates and Implementation Title LI (sic): Responsibility for Acquisitions of Information Technology Subtitle A: General Authority Subtitle B: Director of the Office of Management and Budget Subtitle C: Executive Agencies Subtitle D: Other Responsibilities Subtitle E: National Security Systems Title LII: Process for Acquisitions of Information Technology Title LIII: Information Technology Acquisition Pilot Programs Subtitle A: Conduct of Pilot Programs Subtitle B: Specific Pilot Programs Title LIV: Additional Information Resources Management Matters Title LV: Procurement Protest Authority of the Comptroller General Title LVI: Conforming and Clerical Amendments Title LVII: Effective Date, Savings Provisions, and Rules of Construction National Defense Authorization Act for Fiscal Year 1996
Provides that, in any case in which a report is required under this Act, such report shall be submitted no later than the later of: (1) the date established in such provision or amendment; or (2) 45 days after the enactment of this Act.
Division A - Department of Defense Authorizations
Title I - Procurement
Subtitle A - Authorization of Appropriations
Authorizes appropriations for FY 1996 to the Army, Navy, Marine Corps, and Air Force for procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement.
Section 104 -
Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3)the Inspector General of the Department of Defense (DOD) (4) the chemical demilitarization program; and (5) DOD health care programs.
Subtitle B - Army Programs
States that a prohibition under a prior defense authorization Act against the procurement of military helicopters shall not apply to the obligation of funds for procurement of up to 20 OH-58D Armed Kiowa Warrior aircraft from funds appropriated under this title.
Section 112 -
Amends the Arms Export Control Act to repeal a provision requiring funds received from the sale of tanks and armored personnel carriers to be used for the upgrading of remaining tanks and carriers.
Section 113 -
Authorizes the Secretary of the Army to enter into multiyear procurement contracts for Longbow Apache attack helicopters and UH-60 Black Hawk utility helicopters.
Section 114 -
Directs the Secretary of the Army to report to the Congress on plans to procure certain engine upgrade kits for Army AH-64D helicopters.
Section 115 -
Directs the Secretary of the Army (subject to the provision of authority in an appropriations Act) to enter into a multiyear procurement contract during FY 1997 for Army small arms procurement.
Subtitle C - Navy Programs
Makes funds authorized for shipbuilding and conversion under this title available for:
(1) construction of a third Seawolf attack submarine; and
(2) long-lead and advance construction and procurement of components for the FY 1998 and 1999 New Attack Submarines. Further earmarks $10 million of such funds only for participation of Newport News Shipbuilding in the design of the New Attack Submarine. Limits to $200 million the total obligation or expenditure of such shipbuilding funds until the Secretary of the Navy certifies to the House Armed Services and Senate National Security Committees (defense committees) in writing with respect to the competitive nature of such contracts.
Limits to $1 billion the obligation or expenditure of such funds before the Secretary of Defense (Secretary) must take specified actions with respect to costs involved with the new attack submarine program, as well as their development and improvement.
Directs the Secretary to:
(1) develop and submit to the defense committees a detailed plan for the development of a program that will lead to the production of a more capable, less expensive submarine than the New Attack Submarine; and
(2) provide a program for the design, development, and procurement of four nuclear attack submarines to be procured during FY 1998 through 2001.
Outlines plan requirements.
Directs the Secretary to:
(1) prescribe and use streamlined acquisition policies and procedures for the submarine program; and
(2) make annual plan revisions.
Requires review of the plan and its annual updates by a special bipartisan panel working with the Navy, with required annual panel reports.
Authorizes the Secretary of the Navy to enter into appropriate contracts with the Electric Boat Division and Newport News Shipbuilding for the procurement of long-lead components and advance construction of components in connection with the submarine program.
Earmarks specified funds for the development and demonstration of advanced technologies for incorporation into the latest attack submarine, with required related activities by the Director of the Advanced Research Projects Agency (Director).
Section 132 -
Earmarks specified funds appropriated for the National Defense Sealift Fund for FY 1996 for the Director for advanced submarine technology activities.
Section 133 -
Provides a specific cost limitation for the procurement of the SSN-21 through 23 Seawolf class submarines (allowing for certain automatic inflationary and other increases in such amounts). Repeals an inconsistent provision of the National Defense Authorization Act for Fiscal Year 1995.
Section 134 -
Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal the prohibition on the backfitting of Trident submarines.
Section 135 -
Authorizes the Secretary of the Navy to: (1) construct six Arleigh Burke class destroyers; (2) enter into contracts in FY 1996 for the construction of three such destroyers; (3) enter into contracts in FY 1997 for the construction of three more such destroyers, subject to the availability of appropriations for such purpose; and (4) obligate other available Navy construction funds for such purpose (requiring 30 days' advance congressional notification of any such obligation).
Section 136 -
Directs the Secretary of the Navy to establish a program to procure for, and install in, H-53E military transport helicopters crash attenuating seats that are consistent with military specifications. Provides funding.
Section 137 -
Prohibits the Secretary of the Navy from using FY 1996 funds to enter into a contract for the acquisition of leased T-39 trainer aircraft until 60 days after the Under Secretary of Defense for Acquisition and Technology submits to the defense committees a specified acquisition analysis and certification.
Section 138 -
Allows the obligation of only one-sixth of the funding for the unmanned aerial vehicle joint program office before the Secretary of the Navy must certify to the defense committees that such vehicles have been equipped with the common automatic landing and recovery system.
Subtitle D - Air Force Programs
Amends various prior defense authorization Acts to repeal certain procurement, production, and funding limitations with respect to the B-2 bomber aircraft program. Limits the amount that may be obligated or expended before March 31, 1996, for the B-2 bomber procurement program.
Section 143 -
Makes inapplicable to the MC-130H Combat Talon aircraft a limitation on the obligation of funds for payment of an award fee and the procurement of contractor-furnished equipment upon a determination by the Director of Operational Test and Evaluation that such aircraft is operationally effective and meets its intended user needs.
Subtitle E - Chemical Demilitarization Program
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal a provision requiring the Secretary to proceed as expeditiously as possible with the development of a chemical demilitarization cryofracture facility at Tooele Army Depot, Utah.
Section 152 -
Directs the Secretary to proceed with the program for the destruction of the DOD chemical weapons stockpile while maintaining maximum protection to the environment, the general public, and the personnel involved in the destruction of the munitions.
Directs the Secretary to use technologies and procedures that will minimize the risk to the public at each site.
Requires specified support measures to be in place before the Secretary may initiate the destruction of the munitions.
Directs the Secretary to conduct, and report to the congressional defense committees (armed forces, national security, and appropriations) on, an assessment of the current demilitarization program and revisions to such program.
Directs the Secretary to review, evaluate, and report to the congressional defense committees on issues associated with closure and reutilization of DOD facilities co-located with continuing chemical stockpile and demilitarization operations.
Section 153 -
Authorizes the use of funds from the chemical stockpile demilitarization program for travel and associated costs for members of chemical demilitarization citizens' advisory commission members. Changes from annually to quarterly a required report concerning travel funding for commission members.
Title II - Research, Development, Test, and Evaluation
Subtitle A - Authorization of Appropriations
Authorizes appropriations for FY 1996 for the armed forces for research, development, test, and evaluation (RDT&E). Earmarks specified RDT&E funds for DOD basic research and exploratory development projects.
Section 203 -
Amends Federal provisions establishing the DOD Strategic Environmental Research and Development Program to:
(1) reduce from 13 to 12 the membership of the Strategic Environmental Research and Development Program Council;
(2) exclude from the Council the Assistant Secretary of the Air Force responsible for matters relating to space;
(3) revise an annual Council reporting requirement;
(4) decrease the policy and procedure-making requirements of the Council;
(5) require competitive procedures to be used in any contracts entered into by the Executive Director of the Council; and
(6) extend permanently the authority of the Executive Director to establish pay rates for Council employees and staff.
Section 204 -
Earmarks funds authorized under this title for the defense dual use technology initiative, allowing the Secretary to use such funds only to continue or complete technology reinvestment projects that were initiated before October 1, 1995. Requires congressional notification of projects to be carried out.
Subtitle B - Program Requirements, Restrictions, and Limitations
Earmarks specified RDT&E funds for a competitive reusable rocket technology program, provided that NASA allocates at least an equal amount for its reusable space launch program.
Prohibits funds appropriated pursuant to an authorization in this Act from being used by the Secretary of the Air Force to conduct RDT&E for a replacement aircraft, pod, or payload for the tactical manned reconnaissance mission.
Requires a report from the Secretary of the Air Force concerning the planned fund uses with respect to such mission.
Section 213 -
Earmarks funds authorized under this title for the joint advanced strike technology program, allocating such funds among specified program elements. Requires a report from the Secretary to the congressional defense committees with respect to program requirements for 1997 through 2005.
Section 214 -
Increases the amount authorized to be appropriated to DOD under this title, to be used for the development of a continuous wave, superconducting radio frequency free electron laser program. Offsets such increase by corresponding reductions to two specified programs.
Section 215 -
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to give the Under Secretary of Defense for Acquisition and Technology, during FY 1996 through 1999, the responsibility for developing and testing naval mine countermeasures systems. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.)
Section 216 -
Directs the Secretary to establish a program baseline for the space-based infrared system, with specified elements. Provides funding.
Section 217 -
Earmarks specified FY 1996 DOD funds for the following programs within the Defense Nuclear Agency: (1) tunnel characterization and neutralization; (2) long-term radiation tolerant microelectronics (with a required report); (3) thermionics; (4) electrothermal gun technology; and (5) counterterror explosives research. Directs the Secretary to transfer to such Agency $12 million of the funds authorized for FY 1995 Air Force RDT&E, to be expended for the thermionics program.
Section 218 -
Earmarks specified funds for the Counterproliferation Support Program, further allocating a portion of such funds for a tactical antisatellite technologies program. Authorizes the Secretary to transfer other DOD funds to such programs, projects, and activities, with a $50 million limit and a requirement to notify the Congress of any such transfers.
Section 219 -
Makes certain congressional findings with respect to nonlethal (immobilizing) weapons. Directs the Secretary to assign centralized responsibility for the development of such technology to an existing office within his office or to a military service as the executive agent. Requires a report.
Section 220 -
Allows FY 1996 DOD funds to be obligated to procure work from a federally funded research and development center (FFRDC) or a university-affiliated research center (UARC) only if the Secretary, in a required report, names such FFRDC or UARC as a recipient.
Limits funding pending submission of such report.
Provides funding to procure such services.
Empowers the Secretary to waive the maximum funding limitation applicable to an FFRDC or UARC after notifying the defense committees of such waiver and the reasons therefor.
Directs the Secretary to develop and submit to the congressional defense committees a five-year plan for reducing and consolidating the activities performed by FFRDCs and UARCs and to establish a framework for the future of such centers.
Section 221 -
Earmarks funds authorized under this Act for continuation of the Joint Seismic Program and Global Seismic Network.
Section 222 -
Earmarks funds from this Act for a Hydra-70 rocket product improvement program. Requires full and open competition to be utilized by the Secretary of the Army in conducting the program. Requires the contractor providing such rocket to submit to such Secretary a full technical data package.
Section 223 -
Places a 75 percent funding limitation on specified test and evaluation program elements until 14 days after the congressional defense committees receive an electronic combat consolidation master plan.
Section 224 -
Directs the Under Secretary of Defense (Comptroller) to report to the congressional defense committees on the allocation of reductions for military RDT&E.
Section 225 -
Authorizes the Secretary of the Army, during FY 1996 and under specified conditions, to use funds appropriated under the Advanced Field Artillery System for alternative propellant technologies and integration. Requires a report from the Secretary of the Army before funds may be utilized for the liquid propellant portion of the program.
Section 226 -
Earmarks funds authorized under this title to establish an integrated program for the development and demonstration of conventional munitions and explosives demilitarization technologies that comply with applicable environmental laws for the demilitarization and disposal of unserviceable, obsolete, or non-treaty compliant munitions, rocket motors, and explosives.
Section 227 -
Places specified limitations (requiring a report on funding obligations for upgrades) on the obligation of funds for systems engineering and technical assistance contracts under the Defense Airborne Reconnaissance program.
Subtitle C - Ballistic Missile Defense Act of 1995
Ballistic Missile Defense Act of 1995 - Expresses congressional findings and policy objectives with respect to ballistic missile defenses.
Directs the Secretary to restructure the core theater missile defense (TMD) program to consist of specified systems achieving certain capabilities.
Requires the interoperability of TMD systems with certain other defense systems, and requires the development of follow-on TMD systems.
Requires:
(1) a TMD program accountability report; and
(2) appropriate reports concerning TMD system limitations under the Anti-Ballistic Missile (ABM) Treaty.
Section 235 -
Expresses the sense of the Congress that:
(1) unless a missile defense system is flight tested against a ballistic missile target that exceeds a specified range or velocity, such system will neither be considered to have been tested in an ABM mode nor capable of countering strategic ballistic missiles; and
(2) any international agreement that would limit the RDT&E of missile defense systems in a more restrictive manner shall be entered into only pursuant to the treaty making powers of the President under the Constitution. Prohibits, with specified exceptions, the use of any funds authorized to DOD during FY 1996 to implement an agreement with any of the states of the former Soviet Union entered into after January 1, 1995, that would establish a demarcation between TMD systems and ABM systems for purposes of the ABM Treaty or that would restrict the performance, operation, or deployment of U.S. TMD systems.
Section 236 -
Urges the President to: (1) pursue high-level discussions with U.S. allies and selected other states on the methods for cooperation in the development, deployment, and operation of ballistic missile defenses; (2) take the initiative with NATO to develop a consensus within NATO for such deployment; and (3) seek agreement with allies and selected other states on methods to reduce the risks posed by the threat of limited ballistic missile attacks.
Section 238 -
Repeals the Missile Defense Act of 1991.
Subtitle D - Other Ballistic Missile Defense Provisions
Requires amounts requested for activities of the Ballistic Missile Defense Organization in annual budget justification materials submitted to the Congress to be set forth in accordance with specified program elements. Requires each program element to include requests for amounts necessary for management and support of the programs.
Section 252 -
Amends the National Defense Authorization Act for Fiscal Year 1994 to prohibit the Secretary from approving a TMD interceptor program proceeding beyond the low-rate initial production acquisition stage until the Secretary certifies to the congressional defense committees that such program has successfully completed initial operational test and evaluation. Provides certification requirements.
Section 253 -
Amends various prior national defense authorization and appropriations Acts to repeal ballistic missile defense provisions made inconsistent by this Act.
Subtitle E - Miscellaneous Reviews, Studies, and Reports
Directs the Secretary to perform an analysis of the full range of precision guided munitions in production and in RDT&E. Requires a report to the Congress on the Secretary's findings. Provides funding limitations until such report is received.
Section 262 -
Directs the Secretary to contract with the National Research Council of the National Academy of Sciences to conduct a comprehensive review of current and planned service and defense-wide programs for DOD command, control, communications, computers, and intelligence services. Requires the Council to conduct the review within a two-year period and to report results to DOD and the Congress. Provides funding from RDT&E funds authorized under this Act.
Section 263 -
Directs the Secretary to conduct an analysis and report to the defense committees with respect to the cost and effectiveness of consolidating the basic research accounts of the military departments.
Section 264 -
Changes from a calendar to fiscal year basis a reporting requirement concerning the Secretary's award of grants and contracts to colleges and universities for the performance of R&D.
Section 265 -
Directs the Secretary to conduct and report to the congressional defense committees on a comprehensive review of the aeronautical research and test facilities and capabilities of the United States in order to assess their current conditions.
Subtitle F - Other Matters
Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the purpose of the advanced lithography program.
Section 272 -
Provides funding obligation limitations with respect to the enhanced fiber optic guided missile system. Prohibits the Secretary of the Army from entering into an advanced development phase for such system unless he certifies to the congressional defense committees that there is a requirement for such system that is supported by a cost and operational effectiveness analysis.
Section 273 -
Amends the National Defense Authorization Act for Fiscal Year 1995 to revise the determination of States eligible for the awarding of grants under the Defense Experimental Program to Stimulate Competitive Research.
Section 274 -
Directs the Secretary to undertake an initiative to coordinate and strengthen the cruise missile defense programs, projects, and activities of the military departments and defense agencies and organizations in order to ensure the development and deployment of highly effective defenses against existing and future cruise missile threats.
Outlines provisions concerning:
(1) actions to be taken by the Secretary with respect to such initiative; and
(2) submission by the Secretary to the congressional defense committees of a detailed implementation plan for carrying out the initiative.
Section 275 -
Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize (currently, require) the Secretary to establish and award grants and contracts under the University Research Initiative Support Program.
Section 276 -
Revises provisions concerning the defense manufacturing technology program to:
(1) direct the Secretary to use the joint planning process of the directors of DOD laboratories in establishing the program;
(2) direct the Secretary to seek the participation of manufacturers of manufacturing equipment in program projects;
(3) require at least 25 percent of the funds available for the program to be used for awarding grants and entering into contracts under which the ratio of recipient cost to Government cost is two to one; and
(4) provide alternative actions by the Under Secretary of Defense for Acquisition and Technology if the requirement under
(3), above, cannot be met.
Section 277 -
Directs the Secretary to develop and report to the congressional defense committees on a five-year plan to consolidate and restructure DOD's laboratories and test and evaluation centers.
Section 278 -
Directs the Secretary, in evaluating proposals from foreign entities for contracts for the T-38 avionics upgrade program, to require equal access by the United States to such solicitation contracts in that foreign country.
Section 279 -
Directs the Secretary to turn off the selective availability feature of the global positioning system by May 1, 1996, unless he submits to the defense committees a specified plan with respect to the development and acquisition of capabilities to deny hostile military forces the ability to interfere with or disrupt the system.
Section 280 -
Amends the Department of Defense Authorization Act, 1986, to revise the purposes for the provision of Army support for the National Science Center for Communications and Electronics. Authorizes the Secretary to manage, operate, and maintain facilities at the Center in order to conduct educational outreach programs.
Authorizes fund raising activities for the management and operation of the Center and the support of its activities.
Directs the Secretary to prescribe criteria for determining whether to accept a donation for such Center. Authorizes the Secretary to enter into an agreement with NSC Discovery Center, a nonprofit corporation, to develop, manage, and maintain a national science center under this section.
Title III - Operation and Maintenance
Subtitle A - Authorization of Appropriations
Authorizes appropriations for FY 1996 for the armed forces and specified agencies and activities of DOD for operation and maintenance (O&M). Authorizes appropriations for FY 1996 for: (1) DOD working capital and revolving funds; and (2) operation of the Armed Forces Retirement Home.
Section 304 -
Authorizes $150 million to be transferred from the National Defense Stockpile Transaction Fund for O&M for the armed forces.
Section 305 -
Earmarks funds authorized under this Act for the Civil Air Patrol.
Subtitle B - Depot-Level Activities
Expresses the sense of the Congress that there is a compelling need for DOD to articulate known and anticipated core maintenance and repair requirements, to organize DOD resources to meet those requirements economically and efficiently, and to determine what work should be performed by the private sector and how such work should be managed.
Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of DOD depot-level maintenance and repair.
Outlines policy requirements and considerations.
Repeals inconsistent Federal law.
Requires:
(1) an annual report on maintenance core capability requirements of DOD;
(2) a review of the policy by the General Accounting Office, together with a report analyzing such review;
(3) a report from the Secretary on the DOD depot-level maintenance and repair workload; and
(4) an independent audit (and report after such audit) by the Comptroller General of the Secretary's workload report.
Section 312 -
Requires an annual report from the Secretary to the defense committees on the number of employees required to perform DOD depot-level maintenance and repair activities.
Section 313 -
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for aviation depots and naval shipyards to engage in defense-related production and services.
Section 314 -
Revises the waiting period after notification to the Congress before a waiver from a prohibition against the performance by non-government personnel of a DOD core logistics function or activity may take effect.
Subtitle C - Environmental Provisions
Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency of services obtained, excluding regulatory enforcement activities, with an FY 1996 reimbursement limitation of $10 million.
Allows the Secretary to pay reimbursement expenses in excess of such amount after certifying to the Congress that such payment is essential for the management of the Defense Environmental Restoration Program, and 60 days have expired since such certification.
Directs the Secretary to include in required annual reports the services obtained from such agencies on a reimbursable basis.
Section 322 -
Credits to the Defense Environmental Restoration Account (Account) certain amounts recovered by DOD for undertaking environmental response activities or actions.
Section 323 -
Establishes as a goal of the Secretary to limit, by the end of FY 1997, spending for administration, support, studies, and investigations associated with the Account to 20 percent of the total funding for that Account. Requires a report.
Section 324 -
Revises Federal provisions concerning:
(1) the establishment of environmental restoration advisory boards;
(2) funding for administrative expenses of such boards; and
(3) the provision of technical assistance grants for determining the nature of environmental hazards at a military installation to be closed under a base closure law and the restoration activities proposed or conducted there.
Provides funding for such activities to the extent provided in appropriation Acts, with an FY 1996 limitation of $6 million.
Requires reports from technical advisory committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities.
Section 325 -
Amends the Federal Water Pollution Control Act to apply its vessel discharge requirements to discharges incidental to the normal operations of a military vessel, other than sewage, unless the Secretary finds that compliance would not be in the best interests of national security.
Directs the Secretary and the Administrator of the Environmental Protection Agency (EPA) to jointly determine the discharge incidental to the normal operation of a military vessel for which it is reasonable and practicable to require the use of a marine pollution control device in order to mitigate adverse impacts on the marine environment, and to promulgate Federal standards of performance for such devices with respect to the discharge.
Provides time limits for initial determinations and final standards.
Preempts a State or political jurisdiction from adopting or enforcing such standards for a military vessel after final Federal regulations are in effect, but allows a State to completely prohibit any discharge from a vessel into waters of a State when its water quality requires greater environmental protection than that afforded by the Federal standards.
Requires the EPA Administrator to then take specified enforcement action with respect to such prohibition.
Requires a State to specifically explain why a prohibition would apply only to military vessels and not other types.
Limits the applicability of such regulations with respect to design, construction, manning, or equipment standards on foreign flag vessels engaged in passage.
Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act.
Subtitle D - Commissaries and Nonappropriated Fund Instrumentalities
Authorizes the Defense Commissary Agency (DCA) or any other body that supports the operation of the commissary system to enter into contracts or agreements with appropriated or nonappropriated fund instrumentalities (NFIs) of DOD or other Federal departments or agencies to facilitate efficiency in the management and operation of the commissary store system.
Section 332 -
Protects certain merchandise-specific information from a Federal provision allowing release of commissary store sales information to manufacturers, distributors, and other vendors doing business with the DCA.
Section 333 -
Requires an economical distribution of distilled spirits by NFIs reselling such beverages on a military installation. Provides for the determination of the most economical distribution method.
Section 334 -
Directs the Secretary to empower officials responsible for the operation of commissaries and military exchanges with the authority to negotiate directly with private carriers for the most cost-effective transportation of supplies by sea without relying on the Military Sealift or the Military Traffic Management Commands.
Section 335 -
Directs the Secretary to conduct a demonstration program at six military installations under which funds appropriated for defense morale, welfare, and recreation (MWR) programs at military installations are combined with nonappropriated funds available for such purpose and then treated entirely as nonappropriated funds. Terminates the demonstration program no later than September 30, 1998. Requires a report.
Section 336 -
Allows the Secretary, under specified limitations, to authorize an NFI to operate up to ten combined military exchange and commissary stores on various military installations. Requires the inclusion of the Naval Air Station at Carswell Field, Texas, in such combined operation. Provides for adjustments and surcharges of grocery food items sold at such exchanges. Authorizes the use of appropriated funds for such combined operation if the NFI incurs a loss in such operation.
Section 337 -
Directs the Secretary to enter into an agreement under which a commercial banking institution will fund and operate the deferred payment programs of the Army and Air Force Exchange Service and the Navy Exchange Service Command. Requires competitive procedures to be used when entering into such an agreement. Requires a report.
Section 338 -
Makes specified O&M funds authorized under this Act available for offsetting expenses incurred by the Army and Air Force Exchange Service on account of reductions in the number of military personnel permanently assigned in Europe.
Section 339 -
Directs the Secretary to conduct and report to the Congress on a study aimed at improving the efficiency in operation of military exchanges and other MWR activities.
Section 340 -
Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to NFIs. Requires the DOD Inspector General to report to the Congress a review of the costs and benefits of such conversion.
Section 341 -
Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the MWR account of an armed force.
Section 342 -
Authorizes the use or MWR facilities on the same basis as members on active duty for: (1) members of the Selected Reserve in good standing; (2) members of the Ready Reserve other than members of the Selected Reserve; and (3) members of the reserve under age 60 who would be eligible for retired pay except that they are under such age. Allows such use for the dependents of (1) through (3), above.
Subtitle E - Performance of Functions by Private-Sector Sources
Requires the Secretary to competitively procure from private-sector sources at least 70 percent of the total nonclassified printing and duplication requirements of DOD.
Section 352 -
Directs the Secretary, by September 30, 1997, to implement a system under which specified consumable inventory items are delivered to U.S. military installations directly by the vendors of such items.
Section 353 -
Directs the Secretary, by October 1, 1996, to submit to the Congress a plan for the performance by private-sector sources of payroll functions for civilian DOD employees other than those paid from nonappropriated funds, as long as such cost does not exceed that currently required for such functions.
Directs the Secretary to carry out a pilot program to test the performance by private sources of payroll and other accounting and finance functions of NFIs and to evaluate the extent to which cost savings and efficiencies would result.
Provides as a goal of the pilot program to reduce by 25 percent the costs currently required for the performance of such functions.
Prohibits, with an exception, the Secretary from establishing a new operating location for the Defense Financing and Accounting Service during FY 1996.
Section 354 -
Directs the Secretary to conduct a demonstration program to evaluate the feasibility of using private contractors to audit DOD accounting and procurement records in order to identify overpayments made to vendors.
Requires the demonstration program to be conducted for the Defense Logistics Agency and to include the Defense Personnel Support Center. Provides program and audit requirements.
Authorizes the Secretary to pay the contractor a bonus equal to 25 percent of all overpayments recovered.
Provides demonstration program funding.
Section 355 -
Authorizes the Secretary to conduct a pilot program to assess the feasibility of using private contractors to operate overseas schools of the defense dependents' education system. Provides school selection criteria and requires a report.
Section 356 -
Directs the Secretary to conduct a program, at no less than three or more than six military installations, to evaluate options to improve the DOD travel process. Provides test requirements and evaluation criteria. Requires the Secretary to develop a program plan, with specified elements, before conducting the program. Requires a report to the defense committees after the first full year of conducting such tests.
Section 357 -
Requires the Secretary to carry out through a private entity any activity to provide a commercial product or service for DOD if: (1) the product or service can be provided adequately through a private source; and (2) an adequate competitive environment exists for such activity in the private sector. Requires the Secretary to prescribe regulations and report to the congressional defense committees with respect to such activities.
Subtitle F - Miscellaneous Reviews, Studies, and Reports
Directs the Secretary to submit to the defense committees quarterly military readiness reports.
Section 362 -
Amends the National Defense Authorization Act for Fiscal Year 1995 to add to the information required in semiannual reports during FY 1996 and 1997 from the Secretary to the congressional defense committees with respect to transfers made from DOD high-priority readiness appropriations. Adds to the covered budget activities which are the basis for such reports.
Section 363 -
Directs the U.S. Comptroller General to report to the Congress identifying methods to reduce the DOD costs of management oversight of contracts in connection with major defense acquisition programs.
Section 364 -
Directs the Secretary to conduct a review of, and report to the congressional defense committees on, the management by the Defense Logistics Agency of all DOD inventory control points. Requires the Comptroller General to review, and report to such committees on, the Material Management Standard (DOD's automated data processing system).
Section 365 -
Directs the Secretary to report to the Congress on the feasibility of using private sources to fulfill DOD requirements for the air transportation of personnel and cargo.
Section 366 -
Directs the Secretary to develop a strategy for the development or modernization of automated information systems for DOD. Outlines matters to be considered in such strategy, and requires a report to the Congress.
Subtitle G - Other Matters
Authorizes the Secretary to manage the performance of DOD working-capital funds and certain DOD industrial, commercial, and support activities through the Defense Business Operations Fund (DBOF). Requires separate accounting, reporting, and auditing of funds and activities managed through the DBOF. Provides for charges for goods and services provided through the DBOF. Requires amounts charged for depreciation of capital assets to be credited to a separate capital asset subaccount established within the DBOF. Directs the Secretary to establish billing procedures to ensure that the DBOF balance does not exceed its working capital requirements.
Authorizes the Secretary or the Secretary of a military department to purchase goods and services from a source other than the DBOF if the rate offered is more competitive.
Directs the Secretary to report annually to the Congress on the DBOF budget and its receipts and disbursements.
Section 372 -
Revises the services and property that may be exchanged by DOD in order to benefit the historical collection of the armed forces.
Section 373 -
Authorizes the Secretary to enter into a capital lease for the establishment of a DOD financial management training center no earlier than 30 days after the Secretary submits to the defense committees a certification of the need for such a center, as well as a report on financial management training for DOD personnel.
Section 374 -
Authorizes lost, abandoned, or unclaimed property found on a military installation to be sold (after reasonable efforts to find the property's owner) and the proceeds credited to the O&M account of such installation to be used to reimburse the installation for sale costs, and, if amounts still remain, to support MWR activities at the installation. Repeals a demonstration program concerning the use of such proceeds under the National Defense Authorization Act for Fiscal Years 1992 and 1993.
Section 375 -
Provides for the sale of articles of clothing and related equipment, as well as subsistence supplies, to members of the armed forces, honorably discharged veterans, and to certain civilian officers and employees of the United States, under specified conditions, including appropriate prices.
Section 376 -
Authorizes the Secretary to provide personnel services and logistical support for Boy Scout Jamboree activities held on a military installation.
Section 377 -
Authorizes the Secretary to accept any monetary award given to DOD by a nongovernmental entity as an award in competition recognizing excellence or innovation in providing services or administering programs. Requires such awards to be credited to MWR accounts for the installation so recognized. Terminates such authority two years after the enactment of this Act.
Section 378 -
Authorizes the provision to Federal, State, and local law enforcement agencies of DOD materials or services to prepare for or respond to an emergency involving chemical or biological agents when the Secretary determines that such materials or services are not reasonably available from another source.
Section 379 -
Directs the Secretaries of Defense and Energy to jointly submit to the Congress a report on DOD plans and programs to prepare for and respond to military and civil defense emergencies resulting from a chemical, biological, radiological, or nuclear attack on the United States.
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 1996. Authorizes a temporary variation in the end strengths for active-duty Navy and Air Force officers in specified grades.
Section 403 -
Prohibits from being counted against military personnel officer end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff (JCS) or the head of a military department.
Subtitle B - Reserve Forces
Sets forth the authorized end strengths as of the end of FY 1996 for Selected Reserve personnel, authorizing the Secretary to vary such end strength by up to two percent. Provides authorized end strength adjustments. Provides the end strengths for members of the reserve serving on active duty in support of the reserve.
Section 413 -
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to authorize the Secretary to count for the active-duty end strength limitations under such Act certain active-duty personnel who are assigned to specified duties in support of the reserves. Increases the number of officers of certain grades authorized to serve in support of the reserves.
Section 415 -
Excludes from inclusion in military personnel end strength limitations: (1) members of the Selected Reserve of the Ready Reserve on active duty for more than 180 days in support of cooperative threat reduction programs; and (2) members of the reserve on active duty for 180 days or more for military-to-military contacts and other similar activities.
Subtitle C - Military Training Student Loads
Sets forth the authorized FY 1996 military training student loads, allowing for certain adjustments consistent with authorized end strengths.
Subtitle D - Authorization of Appropriations
Authorizes appropriations to DOD for FY 1996 for military personnel.
Section 432 -
Authorizes appropriations to DOD for FY 1996 for military personnel, to be allocated and available for increases in active-duty end strengths.
Title V - Military Personnel Policy
Subtitle A - Officer Personnel Policy
Reduces from 1,000 to 800 the number of officers to be designated by the Secretary for critical joint duty assignment positions.
Authorizes the Secretary to credit an officer for additional joint duty for service in a qualifying temporary joint task force assignment, as long as such officer is recommended for such credit by the JCS Chairman. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit.
Requires information about officers receiving such credit to be included by the Secretary in a required annual report.
Limits to 32 general and flag officers the number of officers who shall be exempt from a requirement limiting the number of officers receiving joint duty credit in a fiscal year.
Section 502 -
Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general or vice admiral) within current eligibility requirements for voluntary retirement. Allows certain general and flag officers to be retired in the highest grade held by such officer only after the Secretary certifies to the President and the Senate that such officer served satisfactorily on active duty in that grade.
Section 503 -
Prohibits an officer from being frocked (authorized to wear the insignia of a higher grade before being promoted to such grade) unless:
(1) the Senate has confirmed such officer's nomination for promotion to such grade; and
(2) the officer is serving in, or has been ordered to, a position for which that grade is authorized.
Prohibits pay, seniority, and time-in-service benefits from being accrued by frocked officers.
Limits the total number of frocked officers in specified grades on the active-duty list.
Authorizes a variation for FY 1996 in the number of such officers.
Requires a report from the Secretary to the Congress concerning the practice of frocking.
Section 504 -
Authorizes the Secretary concerned to defer for not more than 90 days, due to personal hardship or other humanitarian reasons, the retirement of active-duty and warrant officers otherwise approved for selective early retirement. Requires such deferrals to be made on a case-by-case basis. Prohibits the delegation of such authority.
Section 505 -
Directs the Secretary of the Army to ensure that, beginning with FY 1999, the strength at the end of each fiscal year of active duty Army officers is sufficient to meet at least 90 percent of the programmed manpower structure for the active component of the Army.
Section 506 -
Authorizes any officer in the Army or Air Force medical department to be appointed to the position of Army or Air Force Surgeon General. (Currently, only physicians are so authorized.)
Section 507 -
Requires an officer appointed as Deputy Judge Advocate General of the Air Force: (1) to be appointed for a four-year tenure (currently, two); and (2) who holds a lower regular grade to be appointed to the regular grade of major general.
Section 508 -
Extends through FY 1996 the authority for the temporary promotion of certain Navy lieutenants possessing critical skills. Limits to 325 the number of such promotions. Requires a report.
Section 509 -
Authorizes the Secretaries of the Army and Air Force to retire any Director of Admissions at the United States Military Academy or Air Force Academy, respectively, who has more than 30 years of service as a commissioned officer.
Subtitle B - Matters Relating to Reserve Components
Extends through FY 1996 certain reserve officer management authorities.
Section 512 -
Directs the Secretary to establish the Ready Reserve Mobilization Income Insurance Program, to insure Ready Reserve members against the risk of being ordered into covered service.
Provides 60 days' automatic enrollment in the Program, with an exception, upon first becoming a member.
Requires a member to enroll in the Program within such period.
Provides as the basic benefit of such insurance $1,000 a month during the period of covered service, allowing a member to elect to reduce or enhance such benefit in specified increments.
Defines "covered service" as active duty for not more than 30 days in support of involuntary operational missions or during a period of war or national emergency.
Requires the Secretary to prescribe the premium rates for such insurance, to be deducted and withheld from the member's basic pay.
Authorizes the Secretary to advance to an insured member the amount equal to the first insurance premium payment due.
Establishes in the Treasury the Reserve Mobilization Income Insurance Fund, into which shall be deposited the collected premiums, any amounts appropriated to the Fund, and investment returns.
Requires:
(1) investing of Fund assets by the Secretary; and
(2) a required annual accounting of the Fund. Requires the DOD Education Benefits Board of Actuaries to have actuarial responsibility for the Program. Requires the Board to carry out periodic actuarial valuation of benefits, determine appropriate premium rate methodology, and recommend to the Secretary a premium rate schedule in the event of actuarial gains or losses to the Fund due to changes in actuarial assumptions.
Directs the Secretary to request the President to request from the Congress a special appropriation in the event of insufficient Fund assets.
Provides for the payment of benefits to designated recipients.
Authorizes the Secretary to purchase insurance from eligible insurers in order to provide the benefits required under the Program, allowing the Secretary to terminate such insurance policy at any time.
Requires termination of insurance coverage for a member due to the nonpayment of premiums, as well as insurance forfeiture upon conviction of certain crimes against the country or refusal to perform service or wear the required uniform.
Section 513 -
Directs the Congress to authorize for each fiscal year the end strength for military technicians for each reserve component of the Army and Air Force. Provides an FY 1996 and 1997 end strength limit for such technicians.
Directs the Secretary, in making the annual request to the Congress for such end strengths, to give priority to supporting authorizations for dual status military technicians in specified high-priority units and organizations of DOD. Directs the Secretary to require the Secretaries of the Army and Air Force to:
(1) establish as a condition of employment for such technicians that the individual maintain membership in the Selected Reserve (thereby achieving "dual status"); and
(2) require that the civilian and military position skill requirements of such dual status technicians be compatible.
Directs the Secretary to undertake steps to reduce, consolidate, and streamline management headquarters operations of the reserve components, including identifying those military technician positions in such operations that are excess to headquarters requirements.
Requires the Secretary to include a separate report on Army and Air Force military technician programs within an annual report required concerning defense manpower requirements.
Section 514 -
Amends the Army National Guard Combat Readiness Reform Act of 1992 to direct the Secretary of the Army to increase the number of qualified active-duty officers in the Army National Guard by providing a program that permits the separation of officers on active duty with at least two, but less than three, years of active service upon the condition that such officer is accepted for appointment in the Army National Guard. Provides the same authority for such Secretary with respect to enlisted personnel.
Authorizes up to two years of service in the Selected Reserve (currently, the National Guard) in lieu of active-duty service for graduates of the Reserve Officers' Training Corps (ROTC) program.
Provides for the promotion reviews of officers of the Selected Reserve (currently, the National Guard) who are designated for combat deployment within 75 days of mobilization.
Directs the Secretary of the Army to establish a personnel accounting category for members of the Army Selected Reserve (currently, the Army National Guard) to categorize members who have not completed the minimum training required for deployment or who are otherwise unavailable for deployment.
Changes from the Army National Guard to the Army Selected Reserve the application of certain minimum physical deployability standards.
Authorizes the use of combat simulators for members of the Army Reserve.
Section 515 -
Amends the National Defense Authorization Act for Fiscal Year 1993 to direct the Secretary of the Army to require that: (1) each ground combat maneuver brigade of the Army National Guard that is essential for the execution of the national military strategy be associated with an active-duty combat unit; and (2) combat and service support units of the Army Selected Reserve that are similarly essential be associated with active-duty units.
Section 516 -
Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available.
Section 517 -
Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises.
Subtitle C - Decorations and Awards
Authorizes the President to award the Purple Heart to certain persons who were taken prisoner or held captive while serving in the armed forces before April 25, 1962, and wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy.
Section 522 -
Authorizes the Secretary or the Secretary of a military department (Secretary concerned) to award a decoration to any person for an act of valor performed while serving on active duty during the Vietnam era. Directs the Secretary of each military department to review all recommendations received for such decorations, and report findings to the defense committees.
Section 523 -
Authorizes the President, the Secretary, or the Secretary concerned to award a decoration to any person for an act, achievement, or service performed in carrying out military intelligence duties during the period beginning on January 1, 1940, and ending on December 31, 1990.
Directs the Secretary of each military department, after completing a review of all recommendations for such awards, to report to the defense committees on actions taken on such recommendations, together with recommended administrative or legislative changes required to facilitate such awards.
Section 524 -
Directs the Secretaries of the Army and Navy to:
(1) review records relating to the award of the Distinguished Service Cross and the Navy Cross, respectively, to Asian-Americans and Native American Pacific Islanders for service in the Army or Navy during World War II in order to determine whether such award should be upgraded to the Medal of Honor; and
(2) submit to the President the appropriate recommendation concerning such upgrading.
Authorizes the President, upon a positive determination, to award such Medal to appropriate individuals, waiving certain award time restrictions in such cases.
Section 525 -
Treats the country of El Salvador, during the period from January 1, 1981, through February 1, 1992, as a qualifying area for purposes of the eligibility of members and former members of the armed forces for the Armed Forces Expeditionary Medal.
Section 526 -
Directs the Secretary concerned, upon the request of a Member of Congress, to: (1) review a proposal for the award or presentation of a military decoration that is not otherwise authorized due to time limitations; and (2) submit to the defense committees the appropriate recommendation concerning such award or presentation.
Subtitle D - Officer Education Programs
Part I - Service Academies
Reduces from six to five years the minimum service obligation for graduates of the various military service academies. Requires the Secretary to: (1) review the effects that such service periods will have on the number and quality of eligible applicants seeking appointment; and (2) report findings and recommendations to the defense committees.
Section 532 -
Authorizes appointment to each of the service academies of one cadet (midshipman for the Naval Academy) from the Commonwealth of the Northern Mariana Islands.
Section 533 -
Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director be a position in the civil service; and (2) Superintendent of such academy administer a nonappropriated fund account for the athletics program at such academy.
Part II - Reserve Officer Training Corps
Prohibits any funds appropriated or made available to DOD from being obligated by contract or grant to any institution of higher education which has an anti-ROTC policy and at which the Secretary would otherwise seek to establish a unit of the Senior ROTC. Ends such prohibition upon the termination of the anti-ROTC policy by the institution. Requires institutional notification of such a determination, as well as publication in the Federal Register.
Section 542 -
Places under the four-year program category of financial assistance provided to selected Army cadets those cadets who choose to enroll in an Army ROTC program after two years in a prior Army National Guard program.
Section 543 -
Prohibits the Secretary of the Army from taking any action to reorganize the regional headquarters and basic camp structure of the Army ROTC program until six months after submission to the defense committees of a report which selects one reorganization option for implementation following a cost-benefit analysis.
Section 544 -
Removes the six-week minimum limit on the duration of field training or practice cruise required under the Senior ROTC Program.
Section 545 -
Directs the Secretary, upon request of a senior military college, to detail active-duty officers to serve as the Commandant or Assistant Commandant of cadets at that college, or to act as tactical officers for the Corps of Cadets there.
Subtitle E - Miscellaneous Reviews, Studies, and Reports
Directs the Secretary to establish an advisory committee to consider issues relating to the appropriate forum for the judicial review of DOD administrative personnel actions. Requires a report from the committee to the Secretary, and from the Secretary to the Congress. Terminates the committee 30 days after submission of its report.
Section 552 -
Directs the Comptroller General, during FY 1996 through 2001, to analyze and report to the Congress concerning specified plans of the Secretary of the Army with respect to proposed Army active-duty end strength allocations.
Section 553 -
Directs the Secretaries concerned to submit to the defense committees a report on their high-priority support units that would deploy early in a contingency operation or other crisis that are managed at less than 100 percent of their authorized end strength.
Section 554 -
Directs the Secretary to: (1) review the system and procedures for the correction of military records in order to identify potential improvements in such process; and (2) report to the defense committees on review results.
Section 555 -
Directs the Secretary to report to the Congress on the consistency of the reporting of fingerprint cards and final disposition forms by the Defense Criminal Investigative Organizations to the Federal Bureau of Investigation for inclusion in their criminal history identification files.
Subtitle F - Other Matters
Amends the Uniform Code of Military Justice (UCMJ) to state that the period during which an officer deserts, is absent from duty, is confined by military or civilian authority for more than one day for a trial, or is unable for more than one day to perform his or her duties shall not be counted in computing such officer's length of military service.
Provides that the time required to be made up by either an enlisted member or an officer due to such reasons may not be counted in computing years of service.
Section 562 -
Directs the Secretary of the Army to ensure that at all times the number of officers and enlisted personnel permanently assigned to the Army Ranger Training Brigade are not less than 90 percent of the required manning spaces for that brigade.
Directs such Secretary to establish and maintain a "safety cell" as part of the organizational elements of the Army responsible for conducting each of the three major phases of the Ranger Course. Requires such Secretary, if the number of Brigade officers is not 100 percent of the required manning spaces on the date of enactment of this Act, to accomplish such result within 12 months and report to the Congress within 90 days a plan to achieve and maintain such requirement.
Directs the Comptroller General to:
(1) assess the implementation and effectiveness of corrective actions taken by the Army as a result of the February 1995 accident at the Florida Ranger Training Camp; and
(2) report to the Congress on such assessment.
Expresses the sense of the Congress that the Secretary should review all such Ranger training activities, and that organizations such as the safety cell established herein should be used in conjunction with such training activities.
Section 563 -
Provides for separation from service in cases involving persons sentenced to confinement for more than six months.
Section 564 -
Prohibits the Secretary from reducing below a specified amount for any fiscal year the total number of DOD medical personnel unless he certifies to the Congress that:
(1) the number being reduced is excess to current and projected needs; and
(2) such reduction will not result in an increase in the cost of health care services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires the Secretary to submit to the defense committees a plan for reducing the number of such personnel over a five-year period beginning on October 1, 1996.
Section 565 -
Expresses the sense of the Congress that the Secretary should continue to seek to achieve within the armed forces reasonable military personnel tempo (activity) standards, regardless of service, unit or assignment.
Section 566 -
Makes officers of the commissioned corps of the National Oceanic and Atmospheric Administration eligible during force reduction periods for: (1) special separation benefits under the DOD special separation benefits programs; and (2) the DOD temporary early retirement authority for officers with at least 15 but less than 20 years of service.
Section 567 -
Requires a member of the armed forces who is determined to be HIV-positive (Human Immunodeficiency Virus-1) to be separated as soon as practicable but at least within six months after such determination.
Defers such separation in the case of a member who is within two years of qualification for military retirement.
States that any such separation shall be considered involuntary.
Entitles such separated personnel to the same medical and dental benefits currently provided to military retirees.
Requires that such members receive counseling concerning available medical care.
Section 568 -
Establishes in the Office of the Secretary an Office of Military Family Policy to:
(1) coordinate programs and activities of the military departments relating to military families; and
(2) make recommendations to the Secretary concerned with respect to programs and policies regarding military families.
Authorizes the Secretary to conduct surveys of military families to determine the effectiveness of Federal programs regarding them and the need for any new programs.
Directs the President to order necessary measures to increase employment opportunities for spouses of military personnel.
Directs the Secretary to require at each military installation a youth sponsorship program to facilitate the integration of military dependent children into new surroundings after moving for military purposes.
Allows funds available to DOD for travel and transportation of dependent students of military personnel stationed overseas to be obligated for travel costs within the contiguous United States. Directs the Secretary to request each State to provide for the reporting to the Secretary of any case of child abuse or neglect involving military personnel.
Directs the Secretary to implement a training program for child care employees to apply uniformly among the military departments.
Requires at least one employee at each military child development center to be a specialist in training and curriculum development.
Requires competitive rates of pay for all such employees.
Directs the Secretary to:
(1) conduct a program under which qualified spouses of military personnel are given a preference in hiring for child care positions paid from nonappropriated funds;
(2) establish fees to be charged at each center;
(3) maintain a special task force to respond to allegations of widespread child abuse at an installation;
(4) maintain a national hotline number for the reporting of child abuse or safety violations at a center or day care site;
(5) prescribe regulations for assistance from local authorities in the investigation of such allegations;
(6) prescribe regulations on safety and operating procedures at centers; and
(7) require that each center be inspected at least four times a year.
Provides remedies for violations at a center of any safety, health, or child welfare law or regulation.
Requires a violation to be remedied within 90 days.
Directs the Secretary to establish at each center a board of parents and a parent participation program.
Authorizes the Secretary to use DOD funds appropriated for military child care to provide assistance to family home day care providers so that such services may be provided to military personnel at a cost comparable to the centers.
Requires all centers to meet standards of operation necessary for national accreditation.
Directs the Secretary to report to the:
(1) Congress on the expected demand for military child care during FY 1997 through 2001; and
(2) defense committees a plan for implementation of the center accrediting requirement.
Section 569 -
Directs the Secretary to establish an office responsible for the policy, control, and oversight of the entire process for the investigation and recovery of missing persons, as well as the coordination of DOD efforts on such matters with other Federal departments and agencies.
Requires the establishment of uniform procedures for the:
(1) determination of the status of such persons; and
(2) collection, analysis, review, dissemination, and periodic update of related information.
Requires the commander of the unit or facility where a person was assigned to make an initial report to the Secretary after receiving information that the whereabouts of a person are uncertain and that the absence may be involuntary.
Requires the Secretary to appoint a board to conduct an inquiry as to the whereabouts of a missing person.
Directs the board to make a recommendation to the Secretary, after an investigation, that a person be placed in a missing status, be declared as deserted, absent without leave, or dead.
Requires the Secretary to appoint counsel to represent the person at issue.
Requires board proceedings to be closed to the public (including the next of kin).
Requires the Secretary, after receiving a board report, to review such report and make the appropriate declaration as to the status of the person involved.
Requires at such time a report to the next of kin and family members as to such determination.
Requires the appointment of an additional board if further information becomes available.
Allows the next of kin and other family members to attend the inquiries held by the subsequent board.
Requires a recommendation by the subsequent board, as well as a report to the Secretary. Directs the Secretary to review such report (together with any objections to board findings filed by family members and other interested persons attending the subsequent board inquiry), and to take appropriate action with respect to a person's status, including notification to family members and other interested persons.
Directs the Secretary to conduct subsequent status reviews:
(1) on or about three years after the initial report to the Secretary; and
(2) no later than every three years thereafter.
Requires the Secretary concerned, with specified exceptions concerning classified information or the right to privacy, to ensure that such person's personnel file contains all available information relating to the person's disappearance, whereabouts, or status.
Prohibits any board from declaring a person dead unless:
(1) credible evidence exists;
(2) the United States possesses no credible evidence to suggest that such person is alive; and
(3) representatives of the United States have made a complete search of the area where the person was last seen and have examined the records of the government or entity having control over the area.
Provides additional information to be included in a report when a person is declared dead.
Provides judicial review of a declaration of death.
Requires information received by a U.S. intelligence or defense agency that could change the status of a missing person to be forwarded to the Secretary for review and consideration.
Provides for the applicability of the missing person provisions to members of the Coast Guard. Requires military pay for the full time of absence for any person in a missing or dead status who is found alive and returned to the control of the United States. Directs the Secretary concerned, upon the enlistment or appointment of a person into the armed forces, to require such person to specify the individual to receive information as to the member's whereabouts or status if necessary.
Directs the Secretary to carry out a comprehensive study of relevant provisions of the Missing Persons Act of 1942 and related laws and regulations with respect to accounting for civilian employees or contractors of the United States who serve with or accompany military personnel in the field in order to determine the means, if any, by which such procedures may be improved.
Directs such Secretary to report study results, together with appropriate recommendations for change, to the defense committees.
Section 570 -
Amends the National Security Act of 1947 to provide that, in the event that neither the CIA Director nor Deputy Director is a commissioned officer in the armed forces, a commissioned officer appointed to the position of Associate Director of Central Intelligence for Military Support shall not be counted against the end strength limitations for such officers in that military branch.
Subtitle G - Support for Non-Department of Defense Activities
Amends Federal law and the National Defense Authorization Act for Fiscal Year 1993 to repeal provisions establishing the Civil-Military Cooperative Action Program. Terminates military support of the Civilian Community Corps under a program established under the National and Community Service Act of 1990.
Section 572 -
Authorizes the Secretary concerned to allow units or individual personnel under their jurisdiction to provide support and services to the following non-DOD organizations and activities:
(1) any Federal, regional, State, or local governmental entity;
(2) certain youth and charitable organizations; and
(3) any other entity approved by the Secretary of Defense on a case-by-case basis.
Requires any such assistance to be specifically requested.
Directs the Secretary to encourage the establishment of advisory councils at regional, State, and local levels to obtain recommendations and guidance concerning the scope and methods of such assistance.
Section 573 -
Extends for 18 months after the date of enactment of this Act the authority under the National Defense Authorization Act for Fiscal Year 1993 to carry out a National Guard civilian youth opportunities pilot program.
Section 574 -
Terminates funding for the Office of Civil-Military Programs within the Office of the Secretary, as well as related entities and activities.
Title VI - Compensation and Other Personnel Benefits
Subtitle A - Pay and Allowances
Rescinds the military pay adjustments made as of January 1, 1996. Increases the rates of basic pay and basic allowance for subsistence (BAS) by 2.4 percent and the basic allowance for quarters (BAQ) by 5.2 percent on January 1, 1996.
Section 602 -
Limits the BAS payment for members serving in government quarters without dependents to no more than 12 percent of such members under the jurisdiction of the Secretary concerned, with a waiver under certain conditions. Directs the Secretary to report to the Congress concerning an appropriate maximum percentage payment for such members.
Section 603 -
Authorizes a member without dependents who is in pay grade E-6 and who is assigned to U.S. quarters that do not meet minimum adequacy standards established by DOD for such pay grade to elect not to occupy such quarters and instead receive the BAQ prescribed for his or her pay grade.
Section 604 -
Authorizes, as of July 1, 1996, the payment of a BAQ for enlisted personnel in the E-6 pay grade who are assigned to sea duty.
Section 605 -
Prohibits the reduction of the minimum monthly variable housing allowance (VHA) for members living in high cost areas as long as such member maintains uninterrupted eligibility to receive the VHA within that area and his or her certified housing costs are not reduced. Increases the total amount available for the VHA to cover additional payments permitted under this section. Requires an implementation report from the Secretary to the Congress.
Subtitle B - Bonuses and Special and Incentive Pays
Extends through FY 1997:
(1) certain enlistment and reenlistment bonuses for the reserves;
(2) the nurse officer candidate accession program;
(3) the accession bonus for registered nurses;
(4) incentive special pay for nurse anesthetists;
(5) the authority relating to the payment of other bonuses and special pay for active duty officer and enlisted personnel; and
(6) the authority of the Secretary concerned to repay education loans for certain health professionals who serve in the Selected Reserve of a military department.
Section 614 -
Authorizes the payment of special pay to a reserve officer who agrees to serve in the Selected Reserve in a health care position designated as a critical wartime specialty for at least one and up to three years. Limits to $10,000 the annual special payment for each eligible person. Requires a pro rata refund when such officer voluntarily terminates his or her service before the end of the required period. Terminates at the end of FY 1997 the authority to enter into such agreements.
Section 615 -
Provides to both warrant officers (current law) and enlisted members specified hazardous duty incentive pay for service as air weapons controllers.
Section 616 -
Reduces from nine to eight of the first 12 years of aviation service the period during which an officer must perform operational flying duties in order to receive aviation career incentive pay.
Section 617 -
Makes Army and Air Force nurses eligible for the payment of special pay due to being board-certified in their specialty.
Section 618 -
Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship.
Section 619 -
Authorizes the Secretary concerned, effective as of January 1, 1996, to increase to a maximum of $375 monthly the rate of special duty assignment pay for enlisted personnel serving as military recruiters.
Subtitle C - Travel and Transportation Allowances
Repeals a requirement that DOD travel allowances must be based on distances established over the shortest normally traveled route, and under mileage tables prepared under the direction of the Secretary.
Section 622 -
Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area.
Section 623 -
Includes students who graduate from or cease to be enrolled in a foreign institution of higher education within a provision authorizing the Secretary concerned to return to the United States formerly dependent children of military personnel who attain a nondependent age while overseas.
Section 624 -
Provides a dislocation allowance for members and dependents directed to move as a result of a base realignment or closure.
Subtitle D - Retired Pay, Survivor Benefits, and Related Matters
Makes the effective date for military retiree cost-of-living adjustments (COLAs) for 1996 and 1997 the first day of March of each such year. Provides that, if a Federal civilian retiree COLA effective date for FY 1998 is a date different from March 1, then the military retiree COLA effective date must conform to the Federal effective date.
Section 632 -
Makes ineligible for retired pay a person who is convicted of an offense under the UCMJ and whose executed sentence includes death, a dishonorable or bad conduct discharge, or dismissal (in the case of an officer).
Section 633 -
Directs the Secretary to conduct a study to determine the number of potential beneficiaries if the Congress were to enact authority for 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 the date of death; and
(2) was a member of a reserve component during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been eligible for retired or retainer pay except for being under 60 years of age.
Defines a qualified spouse as one who has not remarried and is not eligible for an annuity under the Survivor Benefit Plan. Specifies determinations to be made by the Secretary during the conduct of the study.
Requires the Secretary to report study results to the defense committees.
Section 634 -
Directs the Secretary concerned, upon request, to pay the BAQ and BAS that was not paid to World War II veterans who participated in guerilla warfare in the Philippines.
Section 635 -
Authorizes the Secretary to waive recovery by the United States of certain overpayments made to DOD beneficiaries that were attributable to a DOD failure to correctly apply eligibility requirements.
Section 636 -
Requires (current law authorizes) the Secretary and the Secretary of Transportation (with respect to the Coast Guard when not operating under the Navy) to each establish a program to pay monthly transitional compensation to dependents of members separated from service due to dependent abuse.
Subtitle E - Other Matters
Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused.
Section 642 -
Eliminates: (1) an annual reporting requirement from the Secretary to the defense committees concerning the provision of travel and transportation allowances to certain dependents who accompany members of the armed forces stationed outside the United States; and (2) a requirement that the President submit annually to the Congress recommendations for adjustments to the pay and allowances authorized for military personnel.
Section 643 -
Allows to be deducted from the pay of: (1) a Federal employee the administrative costs of executing legal process in a garnishment action; and (2) members of the armed forces the administrative costs of establishing and maintaining an involuntary allotment from military pay. Provides for the disposition of amounts withheld for such administrative costs.
Section 644 -
Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and E-6) of the same privileges provided for senior noncommissioned officers (grades above E-6), including the privilege to mess (eat) separately and to receive a BAS.
Section 645 -
Directs the Secretary to study and report to the Congress on a joint process among the armed forces for determining the location of recruiting stations and the number of military personnel required to operate such stations.
Section 646 -
Increases from $100,000 to $200,000, as of April 1, 1996, the maximum amount of life insurance coverage under Servicemen's Group Life Insurance (SGLI). Repeals a provision authorizing a member to increase such coverage amounts in increments of $10,000 to a maximum of $200,000.
Section 647 -
Terminates, as of April 1, 1996, SGLI coverage for members of the Ready Reserve who fail to pay the required premiums within 120 days after the Secretary concerned transmits to such member a termination notification.
Title VII - Health Care Provisions
Subtitle A - Health Care Services
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to provide: (1) for military dependents under six years old, health promotion and disease prevention visits, as well as immunizations; and (2) for those six years old or older, health promotion and disease prevention visits in connection with immunizations or with diagnostic or preventive pap smears and mammograms.
Section 702 -
Authorizes the provision of medical and dental care and the recovery, care, and disposition of remains in the case of reserve members on duty other than active duty for more than 30 days, for members requiring such care while remaining overnight, between successive periods of inactive duty training, at or in the vicinity of the training site that is outside reasonable commuting distance from the member's residence.
Entitles such individuals to basic pay while performing such service, or, if not entitled to such pay due to other eligibility requirements, to compensation as a member of the National Guard performing inactive-duty training.
Section 703 -
Authorizes the provision of medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60.
Section 704 -
Directs the Secretary of the Army to provide specified medical and dental care and services to members of the Army Selected Reserve who are assigned to units scheduled for deployment within 75 days after mobilization.
Section 705 -
Directs the Secretary to establish a dental insurance plan for members of the Selected Reserve of the Ready Reserve. Requires within such plan voluntary enrollment and premium sharing between DOD and the members enrolled, with a member premium limit of $25 monthly. Outlines provisions concerning plan implementation, benefits and termination.
Subtitle B - TRICARE Program
Defines the TRICARE Program as the managed health care program established by the Secretary under applicable law which includes the competitive selection of contractors to financially underwrite the delivery of health care services under CHAMPUS.
Section 712 -
Directs (current law authorizes) the Secretary to give priority use of military medical treatment facilities to persons enrolled in the TRICARE Program.
Section 713 -
Directs the Secretary to permit covered beneficiaries enrolled in the TRICARE program to pay, on a quarterly basis, any enrollment fee required for participation.
Section 714 -
Amends the National Defense Authorization Act for Fiscal Year 1994 to redesignate the managed health care initiatives under such Act as the TRICARE program.
Section 715 -
Directs the Secretary to implement a professional educational program to provide training in health care management and administration to each commander of a DOD military medical treatment facility who is selected to serve as a lead agent to coordinate the delivery of health care by military and civilian providers under the TRICARE program, and to members of the support staff of the treatment facility responsible for the daily operation of the TRICARE Program. Requires a report.
Section 716 -
Directs the Secretary during FY 1996 to implement a pilot program, lasting at least two years and in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided on a case-by-case basis in return for payment) to covered beneficiaries who are children in need of such services.
Requires a pilot program:
(1) agreement, with specified requirements, between the Secretary and a mental health services provider; and
(2) report from the Secretary to the defense committees.
Section 717 -
Directs the Secretary to arrange for an ongoing evaluation of the effectiveness of the TRICARE program in increasing the access of covered beneficiaries to health care and improving their quality of life without increasing costs. Requires an annual report from the Secretary to the Congress.
Section 718 -
Expresses the sense of the Congress that the Secretary should take steps to ensure that covered CHAMPUS beneficiaries who are also eligible for Medicare and reside in a TRICARE region have adequate access to health care services after the implementation of the TRICARE Program in that region.
Subtitle C - Uniformed Services Treatment Facilities
Amends the Department of Defense Authorization Act, 1984, to: (1) extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs); and (2) limit to $300 million the FY 1996 expenditures of the Secretary for supporting USTFs.
Section 723 -
Authorizes the Secretary to require a private CHAMPUS provider to apply the CHAMPUS payment rules in imposing charges for health care provided outside the catchment area of a USTF to a member of the armed forces who is enrolled in a USTF health care plan.
Section 724 -
Amends the National Defense Authorization Act for Fiscal Year 1991 to subject USTFs and any participation agreement between USTFs and the Secretary to the Federal Acquisition Regulation (FAR), especially to its competition requirements. Expresses the sense of the Congress that the USTF Health Plan should not be terminated for convenience under provisions of the FAR by the Secretary before the expiration of the current participation agreements.
Section 725 -
Directs the Secretary to submit to the Congress a plan under which USTFs shall be included in the exclusive health care provider networks established by the Secretary for the geographic regions of the USTFs.
Section 726 -
Extends the current DOD uniform managed care benefit fee and copayment schedule developed by the Secretary to the managed care program of a USTF only after the later of:
(1) the implementation of the TRICARE regional program covering the USTF's service area; or
(2) October 1, 1996.
Requires the Comptroller General to submit to the Congress the results of an evaluation of the effect on the USTFs of such extension.
Requires the USTFs, before such evaluation is required, to submit to the Comptroller General actuarial estimates in support of the contention that the extension of such fees and copayments will have an adverse effect on the operation of the USTFs and the enrollment of participants.
Section 727 -
Amends the Department of Defense Authorization Act, 1984 to repeal an annual reporting requirement comparing the quality of medical care provided through contracts under CHAMPUS to the care provided by military medical treatment facilities.
Subtitle D - Other Changes to Existing Laws Regarding Health Care Management
Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to assure that covered beneficiaries retain adequate access to health care services. Requires a report from the Secretary on the effect of such limits on the willingness of individual health care providers to participate in CHAMPUS.
Section 732 -
Directs the administering Secretaries to develop a mechanism for the notification of ineligibility for CHAMPUS health benefits for certain former beneficiaries who lose such eligibility.
Section 733 -
Authorizes the Secretary of Transportation (currently, only the Secretary of Defense) to enter into personal services contracts to carry out health care responsibilities with respect to medical treatment facilities of the Coast Guard when the Coast Guard is not operating as a service in the Navy. Ratifies any such contract entered into before the date of enactment of this Act.
Section 734 -
Authorizes the Secretary to prescribe regulations to collect information regarding insurance, medical service, or health plans of third-party payers held by covered CHAMPUS beneficiaries. Prohibits the use of collected information for other than prescribed administrative purposes.
Section 735 -
Redesignates the Military Health Care Account as the Defense Health Program Account. Makes available for an additional fiscal year three percent of the funds appropriated annually for the operation and maintenance of the programs and activities of the Account.
Section 736 -
Includes dental specialties in a program providing financial assistance to reserve personnel studying for certain medical professions.
Section 737 -
Includes the Coast Guard within a Federal provision limiting the prices that may be charged to certain Federal departments and agencies by manufacturers of pharmaceuticals when purchased for use in medical facilities of such departments and agencies.
Section 738 -
Prohibits DOD facilities (currently, only DOD funds) from being used to perform abortions except where the life of the mother is in danger or in cases of rape or incest.
Subtitle E - Other Matters
Authorizes the Secretary to establish at the Uniformed Services University of the Health Sciences a program of research on the furnishing of care and services by nurses in the armed forces, to be known as the TriService Nursing Research Program. Requires Program administration by a TriService Nursing Research Group composed of military nurses who are involved in military nursing research and designated by the Secretary concerned. Provides research topics.
Section 742 -
Directs the Secretary, by June 30, 1997, to terminate a demonstration pilot program for the training of military psychologists in the prescription of psychotropic medications. Prohibits additional enrollees pending such termination. Requires the Comptroller General to submit to the Congress an evaluation of the success of the pilot program.
Section 743 -
Authorizes the administering Secretaries to waive the collection of payments otherwise due from certain former CHAMPUS beneficiaries who, at the time of receipt of benefits, were unaware of the loss of such eligibility.
Section 744 -
Directs the Secretary to implement a demonstration program to evaluate the feasibility of providing shock trauma training for military medical personnel through the use of civilian hospitals. Terminates the program on March 31, 1998. Requires for purposes of program evaluation: (1) annual reports from the Secretary to the Congress; and (2) a single report from the Comptroller General to the Congress.
Section 745 -
Directs the Comptroller General to study and report to the Congress on an evaluation of the reasonableness of the models used by each military department to determine the appropriate wartime force level for medical personnel in each department.
Section 746 -
Directs the Secretary to report to the Congress evaluating the feasibility, costs, and consequences of improving access to the military health care system for certain beneficiaries who have limited access to the system due to eligibility for Medicare (title XVIII of the Social Security Act).
Section 747 -
Directs the Secretary to submit to the Congress a report that:
(1) assesses the effects of the closure of Fitzsimmons Army Medical Center, Colorado, on the capability of DOD to provide adequate health care to current and former military personnel who suffer from undiagnosed illnesses relating to service in the Persian Gulf War; and
(2) describes the plans of the Secretary and the Secretary of the Army to ensure that adequate and appropriate health care is available to such members for such illnesses.
Section 748 -
Expresses the sense of the Congress that the Secretary should take all appropriate steps to ensure the continuation of medical and pharmaceutical benefits to covered beneficiaries adversely affected by the closure of military installations.
Section 749 -
Gives a military advance medical directive (providing instructions concerning life-prolonging treatment) the same legal effect as one prepared under State law.
Title VIII - Acquisition Policy, Acquisition Management, and Related Matters
Subtitle A - Acquisition Reform
Makes inapplicable to contracts at or below the simplified acquisition threshold the prohibition on the expenditure of appropriated funds for such contracts.
Section 802 -
Repeals a Federal provision authorizing the Secretary concerned to delegate certain contracting authority.
Section 803 -
Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts.
Section 804 -
Allows the United States to recoup indirect (currently, only direct) fees associated with the use of DOD laboratories and other facilities for the testing of materials and equipment.
Section 805 -
Requires any defense research paper issued or technological assessment made by a defense research facility with respect to a major weapon system to be made part of the record for the purpose of making acquisition program (currently, milestone O, I, and II) decisions.
Section 806 -
Adds air circuit breakers, certain vessel propellers, shipboard anchor and mooring chains, and other vessel components to those items that must be procured from manufacturers that are part of the national technology and industrial base. Extends through FY 2000 the requirement that ball and roller bearings be so procured. Makes simplified acquisition thresholds inapplicable to contracts for ball or roller bearings.
Section 807 -
Authorizes the Secretary to use leasing in the acquisition of commercial vehicles when practicable and efficient.
Requires a report from the Secretary to the congressional defense committees on legislative changes required to facilitate such leasing.
Authorizes the Secretary of the Army to conduct a pilot program for the leasing of commercial utility cargo vehicles, under specified requirements.
Requires such Secretary to submit a report to the defense committees setting forth the status of the pilot program one year after his initial vehicle lease.
Terminates such Secretary's authority to enter into such leases on September 30, 2000.
Section 808 -
Authorizes the Secretary to enter into a defense capability preservation agreement under which specified cost reimbursement rules shall apply which allow a defense contractor to allocate to a contract indirect costs of its private sector work only to the extent of such contractor's allocable indirect private sector costs (as determined by a specified formula). Requires a report from the Secretary to the congressional defense committees concerning such agreements.
Section 809 -
Provides that subcontracts for Federal or defense ocean transportation services shall not be included, prior to May 1, 1996, on any Federal Acquisition Regulation (FAR) list of provisions of law that are inapplicable to subcontracts for the procurement of commercial items.
Section 810 -
Requires the head of a Federal agency to make management decisions on all findings and recommendations set forth in an audit report of the inspector general of such agency within a maximum of six months after the issuance of the report, and to make such decisions on findings and recommendations of an audit report from outside the Federal Government within six months after the date on which the head of the agency receives the report.
Requires completed actions with respect to an inspector general's findings and recommendations within 12 months after the date of the inspector general's report.
Section 811 -
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to direct the Secretary to establish a test program under which contracting activities in the military departments and defense agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses as well as small businesses owned and controlled by socially and economically disadvantaged individuals.
Requires a broad range of the supplies and services acquired by DOD to be included in the test program.
Includes as covered contractors under the test program those which furnished DOD with supplies and services pursuant to at least three contracts having an aggregate value of at least $5 million.
Section 812 -
Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity.
Section 813 -
Authorizes funds appropriated to a military department to be used for the acquisition of design and processing data.
Section 814 -
Revises provisions concerning the contents or regulations required for independent cost estimates with respect to various phases of major defense acquisition programs.
Section 815 -
Subjects to the Walsh-Healey Act each contract for the construction, alteration, furnishing, or equipping of a naval vessel, unless the President determines that such requirement is not in the interest of national defense.
Subtitle B - Other Matters
Earmarks specified O&M funds authorized under this Act for DOD procurement technical assistance programs, further earmarking such funds for technical assistance in certain distressed areas.
Section 822 -
Authorizes the Secretary to conduct a defense facility-wide pilot program to determine the potential for increasing the efficiency and effectiveness of the acquisition process in DOD facilities by using commercial practices on a facility-wide basis.
Provides for the designation of participating facilities, with specified criteria.
Directs the Secretary to notify the defense committees of each facility proposed to be so designated, and to include in such notification a management plan for each such facility containing specified objectives and requirements.
Exempts contracts under such pilot program from certain cost or pricing data and accounting standards requirements.
Provides special authority for the Secretary with respect to such contracts.
Authorizes the Secretary, under such contracts, to adopt specified commercial practices in the administration of contracts and subcontracts.
Section 823 -
Requires the U.S. Court of Federal Claims to transmit to the Congress an advisory opinion on the power of the executive branch to treat cable television franchise agreements as contracts under the FAR and, if so, whether the executive branch is required by law to treat such agreements as contracts under the FAR.
Section 824 -
Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1996 the authority for eligible businesses to enter into new agreements under the pilot Mentor-Protege Program.
Title IX - Department of Defense Organization and Management
Subtitle A - General Matters
Directs the Secretary to conduct a further review of the organizations and functions of the Office of the Secretary of Defense (OSD), including the Washington Headquarters Service and the Defense Support Activities, and the personnel needed to carry out those functions.
Requires, with respect to such review:
(1) a report from the Secretary to the congressional defense committees concerning findings, conclusions, and implementation proposals;
(2) a reduction by the beginning of FY 1999 of 25 percent in the number of OSD personnel from October 1, 1994; and
(3) such reduction to total only 20 percent if the Secretary determines and certifies to the Congress that a higher reduction would adversely affect U.S. national security.
Section 902 -
Reduces from 11 to ten the number of Assistant Secretaries of Defense.
Section 903 -
Repeals certain federally mandated offices and positions within the OSD (with certain other conforming amendments). Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision directing the Secretary to increase the size of the permanent staff of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
Section 904 -
Redesignates the Assistant to the Secretary of Defense for Atomic Energy as the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, with appropriate responsibilities.
Section 905 -
Directs the Secretary, as of January 31, 1997, to establish within DOD a Joint Requirements Oversight Council to assist the JCS Chairman in identifying and assessing the priority of joint military requirements in meeting the national military strategy, as well as related duties.
Section 906 -
Directs the Secretary to report to the Congress on the DOD acquisition organization and workforce, including: (1) a plan to reduce by 25 percent of the October 1, 1994, level the total number of military and civilian personnel assigned to such workforce; and (2) an assessment of specified streamlining and restructuring options.
Section 907 -
Directs the Secretary to report to the Congress on a U.S. nuclear posture review and on plans for nuclear weapons management by DOD in the event that the Department of Energy is abolished.
Section 908 -
Redesignates the Advanced Research Projects Agency as the Defense Advanced Research Projects Agency.
Subtitle B - Financial Management
Authorizes the Secretary, beginning after FY 1995, to transfer funds to military appropriations for a fiscal year out of funds available to DOD from the Foreign Currency Fluctuations, Defense, appropriation. Authorizes the Secretary, after FY 1995, to transfer to such appropriations unobligated amounts of funds appropriated for O&M and military personnel. Provides transfer limits.
Section 912 -
Establishes in the Treasury the Defense Modernization Account. Provides for credits to the Account. Requires Account funds to be used for:
(1) increasing the quantity of items and services procured under a procurement program in order to achieve a more efficient production or delivery rate; and
(2) RDT&E and procurement necessary for modernization of an existing system or a system being procured under an ongoing procurement program.
Provides Account use limitations.
Limits to $500 million the funds that may be transferred from the Account in any fiscal year for such procurement modernization purposes, requiring the Secretary to notify the congressional defense committees 30 days prior to any such transfers.
Requires quarterly reports from the Secretary to specified congressional committees concerning Account credits, expenditures, purposes, and balances.
Terminates such Account, as well as any related transfer authority, on September 30, 2003.
Directs the Comptroller General to conduct two reviews of the administration of the Account, and to report review results to specified congressional committees.
Section 913 -
Removes a requirement prohibiting the Secretary from designating DOD personnel as disbursing officials for departmental pay and expenses of the District of Columbia. Revises disbursing authority with respect to DOD and its individual military departments. Authorizes military personnel under the Secretary's jurisdiction to certify vouchers when authorized, in writing, by the Secretary.
Section 914 -
Establishes a Fisher House Trust Fund in both the Army and the Air Force, funds of which are to be used for the operation of Fisher houses, which are housing facilities located in proximity to military medical treatment facilities and available for residential use on a temporary basis by patients at such facilities, as well as their family members or others providing the equivalent of familial support for such patients.
Requires expenditures from such trust funds to be made only under annual appropriations and only if specifically authorized by law.
Section 915 -
Limits to $500,000 the amount of DOD funds that may be used for emergency and extraordinary expenses until the Secretary notifies the defense committees of the intent to obligate or expend such funds and:
(1) 15 days have lapsed since such notification, in the case of obligations or expenditures in excess of $1 million; or
(2) five days have elapsed, in the case of an obligation or expenditure in excess of $500,000, but less than or equal to $1 million.
Waives such limitations if the Secretary determines that U.S. national security objectives would be compromised (requiring specified congressional notification).
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 1996 between any such authorizations for such fiscal year. Limits to $2 billion the total authorized transfers.
Section 1002 -
Incorporates into this Act the Classified Annex prepared to accompany the House Conference Report on H.R. 1530.
Section 1003 -
Outlines procedures under which the Secretary shall fund DOD operations that have not been specifically provided for in advance and that involve:
(1) the deployment of elements of the armed forces; or
(2) humanitarian assistance, disaster relief, or support for law enforcement functions.
Requires prompt congressional notification of such funding.
Waives a requirement to reimburse support units in the case of a deployment of an armed force under
(1) or
(2), above.
Authorizes the Secretary to transfer amounts from specified DOD accounts to fund such activities, with a limitation of $200 million in any fiscal year.
Prohibits such transfer authority from being used to fund an activity that has been denied authorization by the Congress. Directs the Secretary, within 45 days of the identification of an operation under this section, to submit to the Congress a report that sets forth the manner by which the Secretary proposes to obtain funds for the operation, as well as information concerning the objectives and duration of the operation.
Requires the Secretary to submit to the Congress a plan for the restoration of the Defense Business Operations Fund or any other account from which funds are transferred.
Expresses the sense of the Congress that the President should submit to the Congress a request for supplemental appropriations to cover any such operation.
Authorizes the Comptroller General to review compliance with all requirements of this section.
Directs the President to include within a budget submitted to the Congress for a fiscal year a specific request for enactment of legislation to provide funds for all operations for which a transfer of funds was required during the previous fiscal year.
Section 1004 -
Earmarks funds authorized under this Act for O&M and incremental military personnel costs associated with Operations Provide Comfort and Enhanced Southern Watch. Requires a report from the Secretary to the congressional defense committees concerning each such Operation.
Section 1006 -
Obligates certain FY 1995 appropriated but unexpended excess defense funds for programs, projects, and activities of DOD in accordance with FY 1995 appropriations.
Section 1007 -
Adjusts the amounts authorized for appropriation in the National Defense Authorization Act for Fiscal Year 1995 by the increases and decreases in title I of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995.
Section 1008 -
Reduces by $832 million the total amount authorized to be appropriated for various programs contained in titles I through III of this Act, such amount reflecting savings from revised economic assumptions.
Subtitle B - Naval Vessels and Shipyards
Directs the Secretary of the Navy to list and maintain on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from the Register in February 1995.
Requires the two ships selected to be in good material condition and capable of providing adequate fire support for an amphibious assault.
Terminates such listing if such Secretary certifies in writing to the defense committees that the Navy has an operational fire-support capability that equals or exceeds the capability that would be provided by the Iowa-class battleships.
Section 1012 -
Authorizes the Secretary of the Navy to transfer on either a grant or lease basis specified naval frigates to the Governments of Bahrain, Egypt, Turkey, Oman, and the United Arab Emirates. Terminates such transfer authority two years after the enactment of this Act, except that a lease entered into during such period may be renewed.
Directs such Secretary to require, as a condition to such transfers, that the receiving country have necessary ship repair and refurbishment performed at a U.S. shipyard.
Prohibits the President from transferring on a grant basis any vessel which exceeds 3,000 tons or is less than 20 years of age, requiring the President to request the Congress to enact appropriate legislation if the President determines that such a transfer is in the national security interest.
Section 1013 -
Expresses the sense of the Congress that the Secretary of the Navy should plan for and budget the acquisition as soon as possible of a total of 19 large, medium-speed, roll-on, roll-off (LMSR) vessels.
Directs such Secretary to negotiate with each of two shipyards holding new construction contracts for such vessels for an option to be available to such Secretary during 1995, 1996, or 1997 for the construction of one additional LMSR vessel, subject to the availability of funds authorized and appropriated for such purpose.
Requires a report from such Secretary to the congressional defense committees regarding the acquisition of such options.
Section 1014 -
Makes funds from the National Defense Sealift Fund (NDSF) available for expenses of the National Defense Reserve Fleet. Exempts vessels in such Fleet from retrofit requirements under the Merchant Ship Sales Act of 1946. Earmarks specified funds from the NDSF for conversion work on two LMSR vessels.
Section 1015 -
Authorizes the Secretary of the Navy to contract or otherwise provide for necessary salvage facilities for public and private vessels if:
(1) available commercial salvage facilities are inadequate to meet the requirements of national defense; and
(2) such Secretary provides public notice of the intent to enter into such contracts.
Authorizes such Secretary to acquire or transfer such vessels and equipment for operation by private salvage companies as necessary.
Provides for:
(1) the settlement of salvage claims; and
(2) the disposition of receipts.
Section 1016 -
Requires AE class vessels subject to repair under Navy maintenance contracts to continue to be covered under such contract regardless of the operating command to which such vessel is assigned, unless such vessel is taken out of service by the Navy.
Section 1017 -
Prohibits any vessel the homeport of which is in Guam from being overhauled, repaired, or maintained in a shipyard outside the United States, other than in the case of voyage repairs.
Section 1018 -
Expresses the sense of the Congress that the Secretary of the Navy should name an: (1) LHD-7 vessel as the U.S.S. Iwo Jima; and (2) LPD-17 vessel, and each subsequent ship of such class, after a Marine Corps battle or member of the Corps.
Section 1019 -
Expresses the sense of the Congress that the Secretary of the Navy should name an appropriate naval vessel the U.S.S. Joseph Vittori, in honor of a Marine corporal who was posthumously awarded the Medal of Honor for actions against the enemy in Korea in 1951.
Section 1020 -
Authorizes the Secretary of the Navy to transfer a riverine patrol craft of the U.S.S. Swift class to Tidewater Community College, Portsmouth, Virginia, for scientific and educational purposes.
Subtitle C - Counter-Drug Activities
Revises generally provisions concerning the authority for Federal support of State drug interdiction and counter-drug activities of the National Guard. Authorizes the Secretary to provide funds to the governor of a State who submits to the Secretary a State drug interdiction and counter-drug activities plan that meets specified requirements.
Allows State National Guard personnel to be ordered to perform full-time duty in assisting in such activities, with a per-fiscal year limit of 4000 personnel engaged in such activities.
Subtitle D - Civilian Personnel
States that the Secretary or the Secretary of a military department shall not be required to reduce the number of full-time equivalent DOD civilian personnel positions unless the reduction is necessary due to a reduction of available funds or required by a law enacted after this Act. Requires the Secretary to insure that there are sufficient civilian DOD personnel within each DOD O&M budget activity to fully carry out their function.
Section 1032 -
Directs the Secretary during FY 1996 to change to performance by DOD civilian employees at least 10,000 positions that, as of FY 1995, were designated to be performed by military personnel on active duty. Requires an implementation plan.
Section 1033 -
Makes inapplicable to DOD the 120-day limitation on the detail of certain Federal employees.
Section 1034 -
Authorizes the Secretary or the Secretary of a military department to release from employment those individuals who volunteer under a reduction in force. Terminates such authority at the end of FY 1996.
Section 1035 -
Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such payment if such individual is reemployed. Terminates such authority as of the end of FY 1999.
Section 1036 -
Includes employees voluntarily separated under reduction-in-force procedures among those eligible for continued health insurance coverage for a temporary period.
Section 1037 -
Revises the authority of the Secretary to appoint involuntarily separated military reserve technicians who have served for a specified minimum period to positions within DOD for which such individual is qualified.
Section 1038 -
Requires military reserve technicians to wear the uniform appropriate for the member's grade and component while performing technician duties. Provides a uniform or clothing allowance for such technicians.
Section 1039 -
Provides military leave for military reserve technicians participating in noncombat operations outside the United States or its territories and possessions.
Section 1040 -
Includes as a nonappropriated fund instrumentality (NFI) employee a civilian employee of a support organization within DOD who is paid from nonappropriated funds on account of the nature of the employee's duties. Provides for direct reporting to the DOD Inspector General of reprisal actions alleged to be taken against an NFI employee.
Section 1041 -
Includes NFI employees within Federal provisions governing Federal employees and their work hours.
Section 1042 -
Limits the payment from nonappropriated funds of the overseas living quarters allowance to an NFI employee hired after the enactment of this Act to that received by a civilian DOD employee paid from appropriated funds. Provides a conditional date for the application of such limitation to current NFI employees.
Section 1043 -
Allows all Federal employees (currently, only employees of DOD and the Coast Guard) who move, without a break in service of more than one year (currently, three days), to employment in an NFI to elect to be covered under the retirement system of such NFI or under the Federal Employees' Retirement System (FERS). Provides applicability requirements, rules, deadlines, and related provisions.
Ensures retirement credit for years of service, for either retirement system, for NFI employees or Federal service employees.
Provides retirement credit for service rendered as an employee if such employee moves or has moved, on or after January 1, 1966 (currently, 1987), from an NFI position in DOD or the Coast Guard to a position in either which is funded from appropriations.
Section 1044 -
Extends through January 31, 1996, the temporary authority to pay evacuation pay to civilian DOD employees and their dependents and immediate family members evacuated from Guantanamo, Cuba, pursuant to an order issued by the Secretary. Requires a monthly report from the Secretary of the Navy regarding the employees being so paid.
Subtitle E - Miscellaneous Reporting Requirements
Directs the Secretary to submit to the congressional defense committees a report on amounts requested in FY 1997 for the Guard and reserve components. Directs the Secretary to specifically display in the next future-years defense program submitted to the Congress after the enactment of this Act the amounts programmed for the procurement of equipment and for military construction for each such component.
Section 1052 -
Directs the Secretary to report to the Congress on the desirability and feasibility of authorizing by law the retention and use by DOD of a specified portion (not to exceed three percent) of amounts recovered by the Government during any fiscal year from losses incurred by DOD as a result of contractor fraud at military installations.
Section 1053 -
Directs the President to report to the Congress on a review of U.S. policy on the protection of its national information infrastructure against strategic attack by foreign nations, groups, or individuals.
Section 1054 -
Directs the Secretary to conduct a study of, and report to the defense committees on, the status of current and possible continued support of certain boards and commissions operating within or for DOD.
Section 1055 -
Changes from February 1 to March 1 annually the required submission date of a DOD report concerning special access programs budgets.
Subtitle F - Repeal of Certain Reporting and Other Requirements and Authorities
Repeals various Federal provisions which:
(1) establish a volunteer program for providing democratization assistance to independent states of the former Soviet Union;
(2) direct the Secretary to report to the defense committees for specified years on the security and control of DOD supplies;
(3) direct the Congress to authorize the average military training student loads for the armed forces;
(4) require areas of deployment and potential deployment to be included in an annual military manpower requirements report;
(5) provide up to $50 a day for the services of certain DOD advisory personnel who hold compensated positions in the Federal Government while performing such services;
(6) require the Secretary to include recruiting costs in the annual DOD budget justification;
(7) authorize the Secretary to furnish assistance in support of international peacekeeping activities;
(8) require the Secretary, in contracting for the procurement of gasoline for DOD vehicles, to purchase domestically-produced alcohol;
(9) require congressional notification of certain disposals and gifts by the Secretary of the Navy;
(10) require the Secretary to report annually to the Congress an evaluation of the biological defense research program;
(11) require certain congressional reports and notifications by the Secretary concerning RDT & E of chemical and biological agents;
(12) require an annual report from the Secretary to the congressional defense committees concerning the balanced technology initiative;
(13) require an annual report from the Secretary to the Congress on environmental restoration costs for military installations closed under the Defense Base Closure and Realignment Act of 1990; and
(14) require the construction or lease of any American diplomatic facilities in Germany to be funded by Germany.
Section 1062 -
Repeals miscellaneous reporting requirements under Federal armed forces and military pay provisions, provisions of defense authorization and appropriation Acts, national security laws, and other related laws and Acts.
Subtitle G - Department of Defense Education Programs
Reaffirms the congressional commitment towards the continuation of the Uniformed Services University of the Health Sciences. Prohibits, during the five-year period beginning on October 1, 1995, the personnel staffing levels for the University from being reduced below such levels as of October 1, 1993.
Section 1072 -
Authorizes the Secretary to establish at the University a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively.
Section 1073 -
Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States.
Section 1074 -
Earmarks specified funds authorized under this title to provide assistance to local educational agencies (LEAs) that provide educational benefits to dependents of military personnel and DOD civilian employees.
Requires appropriate notification by the Secretary to such LEAs of the availability of such funds.
Prohibits the Secretary of Education from considering any payment made to a LEA by DOD that is available for current expenditures and used for capital expenses as funds available to the Department of Education for Federal impact aid purposes.
Amends the National Defense Authorization Act for Fiscal Year 1993 to:
(1) reduce from 30 to 20 the percentage of students in an LEA school that must be dependents of such military or civilian personnel in order for the school to be eligible for such assistance;
(2) extend through 1996 a reporting requirement concerning the impact of base closures on such LEAs; and
(3) make technical amendments to correct references to repealed law.
Section 1075 -
Authorizes the transfer of civilian employees, for the provision of specified services, between the DOD domestic dependent schools and the overseas defense dependents' education system.
Section 1076 -
Increases by up to $350 the monthly educational assistance allowance permitted to personnel possessing a skill or specialty designated by the Secretary concerned as one in which there is a critical shortage of personnel or for which it is difficult to recruit.
Section 1077 -
Changes from December 15 to March 1 annually the due date of a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance programs.
Section 1078 -
Limits to enlisted members of the Air Force (currently, enlisted members of the armed forces) the scope of educational programs offered at the Community College of the Air Force. Applies such limitation to enrollments at the College after March 31, 1996.
Section 1079 -
Amends the DOD educational loan repayment program to authorize the Secretary to repay any loans made to military personnel under the William D. Ford Federal Direct Loan Program.
Subtitle H - Other Matters
Removes, as a national security policy for the national technology and industrial base, the support of objectives and programs relating to the defense reinvestment, diversification, and conversion program.
Redesignates the defense dual-use critical technology partnerships as the defense dual-use critical technology program.
Requires the Secretary, under such program, to encourage and provide for research, development, and application of dual-use critical technologies.
Authorizes the Secretary to provide technical and other assistance under such program.
Outlines provisions concerning:
(1) the financial commitment required of non-Federal Government participants under such program; and
(2) the selection process for projects provided assistance under the program.
Revises the purposes of the defense manufacturing science and technology program.
Repeals various related Federal assistance programs, as well as the Military-Civilian Integration and Technology Transfer Advisory Board.
Section 1082 -
Directs the Secretary to commence within 30 days after enactment of this Act a review of the DOD ammunition procurement programs, including the possibility of using centralized procurement practices for all ammunition required by the armed forces. Requires a report to the congressional defense committees.
Section 1083 -
Prohibits any funds appropriated pursuant to an authorization in this Act from being used for capital investment in, or the development and construction of, a Government-owned and operated defense industrial facility unless the Secretary certifies to the Congress that no similar capability or capacity exists in any other Government-owned and operated defense industrial facility.
Section 1084 -
Expresses the sense of the Congress that the States and entities operating private secondary schools should not have a policy of denying the Secretary from obtaining for military recruiting purposes: (1) entry to any campus or access to students equal to that of other employers; or (2) access to directory information pertaining to such students. Directs the Secretary to report to the Congress procedures for determining if and when such an institution has denied such access.
Section 1085 -
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to revise the criteria under which limitations to disclosure of information concerning U.S. personnel classified as prisoners of war or missing in action during the Vietnam conflict would not apply. Changes from September 30, 1995, to January 2, 1996, the due date for a required report.
Section 1086 -
Directs the Secretary, by February 1, 1996, to submit to the Congress a report that is in preparation by the JCS Chairman concerning operational support airlift aircraft.
Directs the Secretary to ensure that the number of flying hours flown in FY 1996 by such aircraft and in the national capital region by helicopters of such aircraft does not exceed 85 percent of the hours flown during FY 1995.
Makes available only 50 percent of the funds authorized under such Act for such aircraft until the report is received.
Section 1087 -
Requires any contractor agreeing to allow the inclusion or incorporation of defense features on aircraft owned by such contractor for possible use with the Civil Reserve Air Fleet to operate such aircraft for DOD as needed during any activation of the Fleet (currently, only permitted during activation of the full Fleet).
Section 1088 -
Increases to up to $100,000 (currently, $40,000) the maximum limit for a claim by a member of the armed forces for damage to property during a relocation when such claim arose from an emergency evacuation or from extraordinary circumstances which occurred before, on, or after the date of enactment of this Act. Allows previously settled claims to be re-presented if damages exceeded the $40,000 limit.
Section 1089 -
Authorizes the Secretary to suspend or terminate an action for collection of a claim against the estate of a person who died while serving on active duty in the armed forces if circumstances make it appropriate to do so.
Section 1090 -
Authorizes, with limitations, dependents of Government employees to utilize check cashing and other exchange transactions through Government disbursing officials. Requires a pay offset from the dependent's sponsor for any deficiencies resulting from a dependent's transactions, including charges for insufficient funds.
Section 1091 -
Redesignates the Nauticus building in Norfolk, Virginia, as the National Maritime Center.
Section 1092 -
Expresses the sense of the Congress that: (1) the Midway Islands and the surrounding seas deserve to be memorialized; (2) the historic structures related to the Battle of Midway should be maintained; and (3) appropriate access to the Island by the survivors of the Battle should be provided in a manner that ensures public health and safety on the Islands as well as the conservation of its natural resources.
Section 1093 -
Expresses the sense of the Senate that, in pursuit of a balanced budget, the Congress should exercise fiscal restraint, particularly in authorizing spending not requested by the executive branch and in proposing new programs.
Section 1094 -
Amends the Merchant Marine Act, 1936, to extend from June 30, 1995, to June 30, 2000, the authority of the Secretary of Transportation to provide war risk insurance for merchant marine vessels.
Title XI - Uniform Code of Military Justice
Military Justice Amendments of 1995 -
Subtitle A - Offenses
Amends the Uniform Code of Military Justice (UCMJ) to require the imposition of a fine or imprisonment, or both, for an individual who refuses to testify before a court-martial.
Section 1112 -
Includes flight from arrest as a punishable action under the UCMJ.
Section 1113 -
Removes a gender reference with respect to the UCMJ offense of carnal knowledge with a person under 16 years of age. Provides that, in such a prosecution, it is a defense that the other person was at least 12 years of age and that the accused reasonably believed such person to be at least 16.
Subtitle B - Sentences
Requires any forfeiture of pay or allowances or reduction in grade included in a court-martial sentence to take effect on the earlier of: (1) 14 days after the sentence is adjudged; or (2) the date on which the sentence is approved by the convening authority (current law). Authorizes the convening authority to defer such forfeiture or reduction until the date on which the sentence is approved.
Section 1122 -
Requires sentences that include confinement for six months or more or death, or for confinement for six months or less and a dishonorable or bad conduct discharge or dismissal, to result in the forfeiture of all pay and allowances due to such member during the confinement or parole.
Limits the forfeiture of pay and allowances under a special court-martial to two thirds of the pay and allowances due to such member during such period.
Authorizes the waiver of such forfeitures for up to six months in the case of dependents of such individual.
Requires the repayment of all such pay and allowances if such sentence is set aside or disapproved.
Revises provisions concerning the deferment of a sentence of confinement in the case of an individual in the custody of a State or foreign country.
Subtitle C - Pretrial and Post-Trial Actions
Provides that if evidence adduced during a military investigation indicates that an accused committed an uncharged offense, then the investigating officer may investigate such additional matter without the accused having first been charged with that offense.
Section 1132 -
Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing.
Section 1133 -
Requires individuals found to be incompetent to stand trial under the UCMJ to be committed to the custody of the Attorney General for hospitalization, examination, and treatment.
Provides, depending on hospitalization and examination results, for either continued hospitalization of such individual or release to the convening authority of the court-martial.
Requires a person found not guilty by reason of lack of mental responsibility to be committed to a suitable facility until the person is eligible for release after examination and an appropriate hearing.
Subtitle D - Appellate Matters
Provides for appeal by the United States from certain orders or rulings made by a military judge in a court-martial in which a punitive discharge may be adjudged.
Section 1142 -
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to repeal the September 30, 1995, delimiting date on the authority of the Chief Justice of the Supreme Court to appoint Federal or district court judges to serve on the U.S. Court of Appeals for the Armed Forces.
Subtitle E - Other Matters
Directs the Secretary and the Attorney General to jointly establish an advisory panel to review and make recommendations on jurisdiction over civilians accompanying military personnel in time of armed conflict. Requires reports.
Title XII - Cooperative Threat Reduction With States of Former Soviet Union
Earmarks funds authorized under this Act for specified cooperative threat reduction (CTR) programs with various states of the former Soviet Union. Authorizes the Secretary, when determined necessary in the national interest, to obligate funds in excess of the amounts authorized for weapons security in Russia, but limits such excess to a total of 115 percent of the original amount.
Requires the Secretary to notify the Congress, and wait for 15 days thereafter, before making such increased obligation.
Authorizes CTR funds to be transferred to military pay accounts for the pay and allowances of reserve personnel engaged in CTR activities.
Section 1203 -
Prohibits funds obligated under this title from being used to conduct peacekeeping exercises and related activities with Russia.
Section 1204 -
Requires the President to include within a required certification to the Congress concerning assistance provided to states of the former Soviet Union for CTR activities whether that proposed recipient is in fact meeting specified CTR requirements before receiving such assistance.
Section 1205 -
Requires the Secretary, at least 15 days before the obligation of any funds appropriated for CTR purposes under this title, to report to specified congressional committees on the proposed obligation for such program for such fiscal year.
Section 1206 -
Directs the Secretary to report annually to the Congress on U.S. efforts to ensure that assistance provided under the CTR programs is fully accounted for and is being used for its intended purposes. Requires a Comptroller General assessment of such report.
Section 1207 -
Prohibits the obligation of CTR program funds to assist nuclear weapons scientists in states of the former Soviet Union until 30 days after the Secretary certifies to the Congress that such funds will not be used to contribute to the modernization of the strategic nuclear forces of such states or for R&D or production of weapons of mass destruction.
Section 1208 -
Withholds $60 million of the funds for the CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention.
Section 1209 -
Limits the obligation or expenditure of funds authorized for the planning and design of a chemical weapons destruction facility to one half of the total of such funds until the President makes certain certifications to the Congress with respect to a comprehensive destruction implementation plan, as well as the resolution of certain outstanding issues under certain prior bilateral destruction agreements.
Title XIII - Matters Relating to Other Nations
Subtitle A - Peacekeeping Provisions
Prohibits DOD funds from being used to make a financial contribution to the UN for: (1) the costs of a UN peacekeeping activity; or (2) any U.S. arrearage to the UN. Applies such prohibition to both voluntary and assessed contributions.
Subtitle B - Humanitarian Assistance Programs
Directs the Comptroller General to submit to the congressional defense committees a report on existing or possible funding mechanisms to cover costs associated with overseas humanitarian, disaster, and civic assistance activities.
Repeals Federal provisions:
(1) authorizing the Secretary to transfer DOD funds to the Secretary of State for transportation costs of worldwide humanitarian relief assistance; and
(2) providing for the transportation of such relief under the direction of the Secretary of State. Directs the Secretary to report annually to specified congressional committees on the provision of any humanitarian assistance during the prior fiscal year.
Section 1313 -
Includes within such humanitarian assistance the detection and clearing of landmines. Prohibits U.S. military personnel from physically participating in the detection, lifting, or destroying of such mines. Repeals an inconsistent landmine detection and clearance program under the National Defense Authorization Act for Fiscal Year 1995.
Subtitle C - Arms Exports and Military Assistance
Directs the Secretary to establish a program under which he may issue guarantees assuring a lender against losses of principal or interest, or both, arising out of the financing of the sale or long-term lease of defense articles or services, or design and construction services, to:
(1) NATO countries;
(2) countries designated as of March 31, 1995, as major non-NATO allies;
(3) a country in central Europe which has or is changing its form of government to a democracy; and
(4) a noncommunist country that was a member nation of the Asia Pacific Economic Cooperation forum as of October 31, 1993.
Provides for loan limitations, fees, and payment terms.
Requires the President to report to the Congress on the loan guarantee program.
Provides FY 1996 funding for the program from DOD O&M funds, with a replenishment requirement.
Section 1322 -
Expresses the sense of the Congress recognizing the importance to the United States of effective export controls on dual-use (military and commercial) items and technologies that are critical to the military capabilities of U.S. armed forces.
Calls for:
(1) the Secretary to identify such critical items and technology; and
(2) the President to exercise effective export control over them.
Directs the President to report annually, through 1999, to specified congressional committees on the effect of such export control policy on U.S. national security interests.
Section 1323 -
Directs the Secretary to:
(1) review each application submitted to the Secretary of Commerce for a license for the export of a class 2, 3, or 4 biological pathogen to a country known or suspected to have an offensive biological weapons program in order to determine if such an export would be contrary to U.S. national security interests;
(2) inform such Secretary of the countries suspected of having such a program;
(3) notify such Secretary if the export of a biological pathogen would be contrary to U.S. interests; and
(4) have such Secretary deny the application.
Section 1324 -
Directs the Secretaries of State and Commerce to submit to the Congress a joint report which sets forth the measures to be taken to strengthen U.S. export-control mechanisms.
Requires the inspectors general of each department, in each of 1996 and 1997, to submit to the Congress a report evaluating the effectiveness during the preceding year of the export licensing watchlist screening process of that official's department.
Amends the Foreign Assistance Act of 1961 to direct the President to report annually to the Congress concerning military assistance authorized or furnished during the previous fiscal year.
Section 1325 -
Directs the Secretaries of Defense and Energy to report to specified congressional committees on military manpower requirements necessary to implement export controls on certain weapons transfers.
Subtitle D - Burdensharing and Other Cooperative Activities Involving Allies and NATO
Provides for the accounting of defense burdensharing contributions received by the United States from a foreign country or regional organization.
Section 1332 -
Authorizes the Secretary to accept contributions from any nation because of or in support of the relocation of U.S. armed forces from or to any location within such nation. Requires such contributions to be used only for relocation costs. Provides contribution methods. Requires an annual report from the Secretary to the Congress.
Section 1333 -
Amends the National Defense Authorization Act for Fiscal Year 1995 to require the President to seek an agreement with European NATO members to increase to 42.5 percent by September 30,1997, their share of the nonpersonnel costs of U.S. military installations in such countries.
Section 1334 -
Amends the Department of Defense Authorization Act, 1985 to exclude from U.S. military European end strength limitations those U.S. personnel performing duties for more than 179 days under the military-to-military contact program.
Section 1335 -
Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act.
Section 1336 -
Expresses the sense of the Congress that the Secretary should take appropriate action to ensure that suitable port services are available to the Navy at the Port of Haifa, Israel, especially in light of the continuing increase in commercial activities there. Directs the Secretary of the Navy to report to the Congress on the availability of port services for the Navy in the eastern Mediterranean Sea region.
Subtitle E - Other Matters
Prohibits DOD funds from being obligated or expended to provide financial assistance to any country determined to support international terrorism either directly or in granting sanctuary from prosecution to individuals or groups which engage in such activities. Authorizes a waiver by the President for national security or humanitarian purposes, requiring notification to specified congressional committees when exercising such waiver.
Section 1342 -
Makes applicable to the International Tribunals for Yugoslavia and Rwanda Federal provisions authorizing the extradition of persons, including U.S. citizens, to a foreign country pursuant to a treaty or convention. Sets forth administrative provisions relating to such extraditions, including the payment of extradition fees and costs and the nonapplicability of the Federal Rules of Evidence to persons surrendered for such purposes.
Section 1343 -
Directs the Secretary to report semiannually to the Congress on the U.S.-People's Republic of China Joint Defense Conversion Commission. Directs the Secretary to submit a final report upon termination of the Commission.
Title XIV - Arms Control Matters
Amends the National Defense Authorization Act for Fiscal Year 1994 to exclude from the definition of landmines: (1) remote-control landmines; and (2) command-detonated anti-personnel landmines.
Section 1402 -
Directs the JCS Chairman to report to the congressional defense committees on the projected effect of a moratorium on the defensive use of antipersonnel and antitank mines by the armed forces.
Section 1403 -
Amends the Weapons of Mass Destruction Control Act of 1992 to: (1) extend through FY 1996 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) direct DOD (currently, the On-Site Inspection Agency) to undertake certain verification activities; and (3) extend through FY 1996 the authorization of appropriations for such activities.
Section 1404 -
Expresses the sense of the Congress that, unless and until the SALT II Treaty enters into force, the Secretary should not take any action to dismantle or retire specified nuclear delivery systems. Prohibits FY 1996 DOD funds from being used for such purpose.
Section 1405 -
Expresses the sense of the Congress that: (1) the Government of the Soviet Union intentionally violated its legal obligations under the 1972 Anti-Ballistic Missile Treaty in order to advance its national security interests; and (2) the United States should remain vigilant with respect to Russian arms control obligations when pursuing future arms control agreements with Russia.
Section 1406 -
Expresses the sense of the Congress that the United States, Russia, and all other signatory parties to the START II Treaty and the Chemical Weapons Convention should promptly ratify and fully implement both treaties.
Section 1407 -
Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation in the case of expenses for which another party is responsible under the terms of the agreement and in which the United States has no responsibility. Outlines arms control expenses reimbursement policies to which such limitation shall not apply.
Section 1408 -
Amends the Iran-Iraq Arms Non-Proliferation Act of 1992 to provide specified mandatory sanctions against persons or foreign governments that transfer goods or technology in order to contribute to the efforts of Iran or Iraq to acquire chemical, biological, or nuclear weapons.
Allows countries prohibited from U.S. assistance under such Act as a result of such transfers to receive urgent humanitarian assistance or medicine.
Amends the Arms Export Control Act to require that the notification of certain waivers under the Missile Technology Control Regime be submitted to the congressional defense and foreign relations committees at least 45 working days before the issuance of any such waiver.
Title XV - Technical and Clerical Amendments
Makes technical and clerical amendments with respect to: (1) the Reserve Officer Personnel Management Act; (2) the redesignation of the House Armed Services Committee as the Committee on National Security; (3) Federal armed forces provisions; (4) annual defense authorization Acts; (5) the Officer Personnel Act of 1947; (6) base closure laws; and (7) the Atomic Energy Act.
Title XVI - Corporation for the Promotion of Rifle Practice and Firearms Safety
Corporation for the Promotion of Rifle Practice and Firearms Safety Act -
Subtitle A - Establishment and Operation of Corporation
Establishes as a private nonprofit corporation the Corporation for the Promotion of Rifle Practice and Firearms Safety to be responsible for the overall supervision, oversight, and control of the Civilian Marksmanship Program (CMP). Requires the Corporation to provide for the:
(1) instruction of U.S. citizens in marksmanship;
(2) promotion of practice and safety in the use of firearms, including the conduct of matches and competitions;
(3) award of trophies and prizes to such competitors;
(4) provision of security and accountability for all firearms and related equipment under the Corporation's custody and control;
(5) issue, loan, and sale of firearms and related equipment; and
(6) procurement of necessary supplies, appliances, and related services to carry out the CMP. Directs the Corporation to give priority to activities that benefit firearms safety training and competition for youth and reach as many of them as possible.
Directs the Secretary of the Army to provide for the transition, by no later than September 30, 1996, of the CMP from the Department of the Army to the Corporation. Requires any person participating in a Corporation activity to first certify by affidavit that he or she has not been convicted of any Federal or State felony and is not a member of an organization that advocates the overthrow of the government.
Provides for:
(1) the issuance, loan, and sale of firearms and ammunition by the Corporation;
(2) the transfer by the Secretary of the Army to the Corporation of firearms and ammunition;
(3) the reservation by such Secretary for the Corporation of certain firearms and ammunition;
(4) the provision by such Secretary of logistical support for CMP activities conducted by the Corporation;
(5) general authorities of the Corporation; and
(6) the distribution of Corporation assets in the event of dissolution.
Subtitle B - Transitional Provisions
Provides for the:
(1) transfer by such Secretary to the Corporation of appropriate funds and property;
(2) continuation of eligibility for certain civil service benefits for former Federal employees of DOD who are offered similar employment by the Corporation;
(3) submission by the Secretary of the Army to the defense committees of a certification that the CMP transition to the Corporation has been completed; and
(4) repeal of current authorities to conduct the CMP within the Department of the Army.
Division B - Military Construction Authorizations
Military Construction Authorization Act for Fiscal Year 1996 -
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 military 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 1995 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
Reduces by $6.385 million the total amount authorized to the Army, such reduction representing project savings resulting from favorable bids, reduced overhead costs, and cancellations due to force structure changes.
Title XXII - Navy
Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title, with an identical total reduction.
Section 2205 -
Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the amount authorized for a military construction project at the Patuxent River Naval Warfare Center, Maryland.
Section 2206 -
Amends the Military Construction Authorization Act for Fiscal Year 1993 to decrease the amount authorized for a military construction project relating to Damneck, Fleet Combat Training Center, Virginia.
Section 2207 -
Authorizes the Secretary of the Navy to acquire all rights and interest to specified property at Henderson Hall, Arlington, Virginia, to demolish a mausoleum there, and provide for the appropriate distribution of the remains contained therein. Authorizes the Secretary to then obtain architectural engineering and design services for the construction of a Marine Corps office and warehouse facility on such property.
Section 2208 -
Directs the Secretary of the Treasury to make available to the Secretary of the Navy funds paid to the United States in settlement of a specified court action, such funds to be used only for the acquisition or construction of military family housing for members of the armed forces (and their dependents) stationed in or near San Diego, California. Limits to 150 the number of housing units to be acquired or constructed.
Requires any excess funds, after such acquisition or construction, to be deposited into the Treasury.
Title XXIII - Air Force
Provides, with respect to the Air Force, authorizations paralleling those provided for the Army, with an identical total reduction in such authorized funds.
Section 2305 -
Amends the Military Construction Authorization Act for Fiscal Year 1994 to provide that interest on funds transferred under such Act to St. Clair County, Illinois, for the construction of military family housing at Scott Air Force Base in Illinois shall remain with the County and be available for the same purposes as the funds transferred.
Limits the number of housing units authorized to be constructed there.
Reverts to the Treasury any funds remaining after completion of such construction.
Requires the Secretary of the Air Force to report annually to the congressional defense committees setting forth the amount of accrued interest on such funds during the preceding year.
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 enter into agreements to construct, acquire, and improve family housing units at or near military installations for the purpose of encouraging private investments, in a specified amount.
Authorizes the Secretary to improve existing military family housing units and to carry out certain energy conservation projects.
Authorizes appropriations to DOD for fiscal years after 1995 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
Section 2406 -
Earmarks funds authorized under this title for certain base closure activities under the Defense Base Closure and Realignment Act of 1990. Prohibits any such funds from being used to carry out a construction project with respect to a military installation being closed or realigned until the Secretary submits to the Congress a five-year program for executing the 1995 base closure and realignment plan.
Section 2407 -
Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the amounts authorized for chemical weapons and munitions destruction activities for the Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon.
Section 2408 -
Amends the Military Construction Authorization Act for Fiscal Year 1994 to reduce the amount authorized to be appropriated for FY 1994 contingency construction projects.
Title XXV - North Atlantic Treaty Organization Infrastructure
Authorizes the Secretary to make contributions for the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1995 for such contributions.
Title XXVI - Guard and Reserve Forces Facilities
Authorizes appropriations for fiscal years after 1995 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Section 2602 -
Amends the Military Construction Authorization Act for Fiscal Year 1994 to decrease the amount authorized for FY 1994 for Air National Guard projects.
Section 2603 -
Makes funds currently appropriated for the addition or alteration of Army National Guard armories in Mississippi available for the addition, alteration, or new construction of armory facilities and an O&M shop facility at various locations in Mississippi. Prohibits the availability of such funds until 21 days after the Secretary of the Army reports to the Congress describing the construction to be carried out with respect to such facility.
Title XXVII - Expiration and Extension of Authorizations
Terminates all authorizations contained in titles XXI through XXVI on October 1, 1998, or the date of enactment of an Act authorizing funds for military construction for FY 1999, whichever is later, with exceptions. Extends certain FY 1992 and 1993 military construction projects.
Title XXVIII - General Provisions
Subtitle A - Military Housing Privatization Initiative
Authorizes the Secretary concerned to exercise any authority to provide for acquisition, construction, improvement, or rehabilitation by private persons of:
(1) military family housing units on or near military installations within the United States and its territories and possessions; and
(2) unaccompanied (non-family) military housing units on or near such installations.
Authorizes such Secretary to make direct loans and loan guarantees to such private persons for such purposes, with loan and guarantee limits.
Allows such loans and guarantees to be made only to the extent that appropriations are made in advance or other authority is provided in appropriation Acts. Authorizes the Secretary concerned to:
(1) contract for the lease of family or unaccompanied housing units to be constructed, improved, or rehabilitated for such purposes; and
(2) invest in nongovernmental entities carrying out such projects, with an investment value limit.
Authorizes such Secretary to enter into collateral incentive agreements with nongovernmental entities in which such entities agree to ensure a preference to military personnel in the lease or purchase of a reasonable number of houses covered by the investment.
Authorizes the Secretary concerned to enter into rental guarantees which assure the occupancy of units or the appropriate rental income which should be derived from such units, allowing such Secretary to pay more than the rental amount to encourage a lessor to make such housing available to military personnel.
Authorizes the Secretary concerned to convey or lease property or facilities to private persons and use the proceeds to carry out such military housing activities.
Makes such authority inapplicable to property or facilities at a military installation approved for closure under a base closure law.
Provides, with respect to the construction of new housing facilities, for:
(1) interim leases prior to the completion of an entire project;
(2) required conformity in room patterns and floor areas with similar military family housing units in the locale;
(3) the inapplicability of current floor space limitations based on pay grade; and
(4) the acquisition or construction of appropriate support facilities to accompany such military housing.
Authorizes the Secretary concerned to:
(1) assign military personnel to housing units acquired under these provisions; and
(2) obtain housing lease payments through pay allotments.
Establishes in the Treasury the Department of Defense Family Housing Improvement Fund and the Department of Defense Unaccompanied Housing Improvement Fund. Requires such Funds to be used for appropriate military housing activities, prohibiting the commingling of such Funds. Requires any transfers from such Funds to be made only after 30 days have passed since notification of such transfer from the Secretary to the appropriate congressional committees.
Limits to $1 billion the total budget for such construction, with a limit of $850 million for military family housing activities, and $150 million for unaccompanied military housing activities.
Directs the Secretary to report annually to the appropriate congressional committees concerning each contract or project undertaken under this section.
Terminates the authority to enter into such contracts five years after the enactment of this Act. Requires a final report from the Secretary to the congressional defense committees no later than March 1, 2000.
Section 2802 -
Extends to all military departments (currently only the Navy) the authority to enter into limited partnerships with private developers for the development of military family housing. Redesignates the Navy Housing Investment Account as the Defense Housing Investment Account. Terminates the Navy Housing Investment Board. Extends through FY 2000 the authority to enter into such partnerships.
Subtitle B - Other Military Construction Program and Military Family Housing Changes
Authorizes the Secretary concerned, when carrying out a minor military construction project not otherwise authorized by law to correct a life-, health-, or safety-threatening deficiency, to expend up to $3 million for such project. (Currently, general minor military construction projects are limited to $1.5 million.) Authorizes the Secretary concerned to use O&M funds to carry out such special projects which exceed $1 million.
Section 2813 -
Authorizes the Secretary concerned to waive the net floor area limitation for military family housing acquired in lieu of construction in the case of family housing acquired during the five-year period beginning on the date of enactment of this Act. Extends permanently (currently expired on September 30, 1994) the authority of the Secretary concerned to waive such limitations during the acquisition by purchase of military family housing for military personnel in pay grades below O-6.
Section 2815 -
Authorizes the Secretary concerned to waive the above net floor area limits with respect to the construction, acquisition, or improvement of family housing units during the five-year period beginning on the date of enactment of this Act.
Section 2816 -
Increases from 300 to 450 the number of military family housing units authorized to be leased in foreign countries.
Section 2817 -
Revises limitations on cost increases with respect to contracts for the construction of military family housing.
Section 2818 -
Authorizes the Secretary concerned to convey any military family housing facility that, due to damage or deterioration, is in a condition that is uneconomical to repair.
States that such authority does not apply to housing facilities on military installations approved for closure under a base closure law or facilities outside the United States at which the Secretary terminates operations.
Limits to $5 million in any fiscal year the aggregate total value of the facilities authorized to be conveyed.
Outlines provisions concerning:
(1) consideration;
(2) a requirement to notify the Congress 21 days in advance;
(3) the inapplicability of certain Federal property disposal laws; and
(4) appropriate uses of conveyance proceeds.
Section 2819 -
Includes water efficient maintenance within a current DOD energy performance goal and plan.
Section 2820 -
Extends through FY 2000 the authority of the Secretary to enter into leases of land for special operations activities. Requires the Secretary to report annually to the defense committees on leasehold interests acquired for such purpose.
Section 2821 -
Provides for crediting to repair or replacement accounts of amounts recovered by the Secretary or the Secretary concerned for damage caused to real property under such Secretary's jurisdiction.
Section 2822 -
Military Housing Assistance Act of 1995 - Amends Federal veterans' benefits provisions to authorize the Secretary of Veterans Affairs to conduct a pilot program under which such Secretary makes payments on behalf of eligible veterans for the purpose of buying down the interest rate on loans guaranteed to such veterans under the veterans' home loan guaranty program.
Makes eligible for such programs individuals who:
(1) are active-duty enlisted personnel, warrant officers, or other officers at pay grades of O-3 or lower;
(2) submit an application for such loan within one year after assignment to duty at a military installation designated as a housing shortage area;
(3) have not previously used their entitlement to housing loan benefits; and
(4) have received comprehensive prepurchase counseling from the Secretary before applying for such guaranteed loan.
Provides loan terms.
Directs such Secretary or the lender to provide comprehensive prepurchase counseling to such veterans fully explaining the features of the buy down.
Authorizes appropriations.
Directs the Secretary of Defense to reimburse the Secretary of Veterans Affairs for amounts paid by the latter to mortgagees for such purpose.
Requires a report to the Congress by the Secretary of Veterans Affairs regarding the program's effectiveness.
Earmarks funds authorized under this Act for the program.
Terminates such authority with respect to housing loans guaranteed after September 30, 1998.
Subtitle C - Defense Base Closure and Realignment
Amends the base closure laws (the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990) and other Federal provisions to allow for the deposit of proceeds from the leasing of real property located at military installations being closed or realigned.
Section 2832 -
Authorizes the Secretary concerned to accept the services of a lessee for an entire installation to be closed or realigned under a base closure law, or any part of such installation, without regard to the normal requirement that a substantial portion of the installation be leased.
Section 2833 -
Provides the scope of any environmental impact analysis necessary to support an interim lease of property approved for closure or realignment. States that such lease shall not prejudice the final property disposal decision.
Section 2834 -
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the lease of real property located at an installation approved for closure under a base closure law if: (1) the lessee has agreed to purchase the property; (2) the EPA Administrator has determined the property suitable for leasing; and (3) there are adequate assurances that the United States will take all environmental remediation action still required on such property.
Section 2835 -
Amends the Defense Base Closure and Realignment Act of 1990 to:
(1) authorize the Secretary to transfer up to $300,000 in unobligated funds from a base closure account in order for the Defense Base Closure and Realignment Commission to carry out its duties during October through December, 1995;
(2) authorize the Secretary to prescribe general policies and methods for utilizing excess property and disposing surplus property at a military installation to be closed or realigned;
(3) authorize the Secretary to transfer real property at an installation approved for closure or realignment to the redevelopment authority (RA) for such installation if such RA agrees to lease all or a significant portion of the property to the Secretary or the head of another Federal department or agency;
(4) authorize the Secretary (currently, only the Secretary of Housing and Urban Development) to receive revised installation redevelopment plans; and
(5) require the Secretary to follow certain environmental procedures during such closure and realignment and to take into consideration the needs of the homeless.
Section 2839 -
Amends the base closure laws to authorize the Secretary to enter into agreements with local governments for the provision of police or security services, fire protection services, airfield operations services, or other community services by such government at military installations to be closed if the Secretary determines such to be in the best interests of DOD.
Section 2840 -
Amends the base closure laws to authorize the Secretary to transfer real property or facilities located at a military installation to be closed under the base closure laws to any person who agrees, in exchange for such property or facilities, to transfer to the Secretary housing units that are constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing.
Requires equivalent fair market value of the properties exchanged.
Requires a report from the Secretary to the appropriate congressional committees on each agreement proposed to be entered into, followed by a 21-day waiting period.
Section 2841 -
Authorizes the Secretary to dispose of the property and facilities at Fort Holabird, Maryland, that were approved for closure under a base closure law. Directs the Secretary to utilize surveys and other evaluations in making such dispositions.
Subtitle D - Land Conveyances Generally
Part I - Army Conveyances
Authorizes the Secretary of the Army to transfer to the Secretary of Veterans Affairs a portion of the real property at Fort Sam Houston, Texas, to be used as a national cemetery.
Section 2852 -
Authorizes the Secretary of the Army to transfer to the Secretary of Veterans Affairs a portion of Fort Bliss, Texas, for use as an addition to the Fort Bliss National Cemetery.
Section 2853 -
Directs the Secretary of the Army to convey to the Secretary of the Interior a portion of the Fort Devens Military Reservation, Massachusetts, for inclusion in the Oxbow National Wildlife Refuge. Directs such Secretary to transfer to Lancaster, Massachusetts, another portion of the Reservation.
Section 2854 -
Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to authorize the Secretary of the Army to convey to Fairfax County, Virginia, all rights and interest to a portion of Fort Belvoir, Virginia, known as the Engineer Proving Ground.
Section 2855 -
Authorizes the Secretary of the Army to convey to Weyerhaeuser Real Estate Company, Tacoma, Washington, a specified portion of real property at Fort Lewis, Washington. Requires a land exchange from Weyerhaeuser as part of such conveyance.
Section 2856 -
Authorizes the Secretary of the Army to convey to Gainesville, Georgia, certain real property located on Shallowford Road in Gainesville.
Section 2857 -
Authorizes the Secretary of the Army to convey to Mount Carmel, Tennessee, real property at Holston Army Ammunition Plant, Tennessee, to be used for the expansion of a cemetery in Mount Carmel.
Section 2858 -
Authorizes the Secretary of the Army to convey to Indiana a parcel of real property at the Indiana Army Ammunition Plant in Charlestown, Indiana, to be used for recreational purposes.
Section 2859 -
Authorizes the Secretary of the Army to convey to the city of Seaside, California, a portion of the Fort Ord Military Complex in California (such property comprising two golf courses). Requires sale proceeds to be deposited into the Army Morale, Welfare, and Recreation Fund Account to cover MWR activities in the Fort Ord area during FY 1996 through 2000.
Section 2860 -
Authorizes the Secretary of the Army to convey to Alameda County, California, real property at Parks Reserve Forces Training Area, Dublin, California, under specified conditions.
Section 2861 -
Authorizes the Secretary of the Army to convey to Youngstown, Ohio, specified real property containing the Kefurt Army Reserve Center.
Section 2862 -
Authorizes the Secretary of the Army to convey to a transferee to be selected certain real property at Fort Sheridan, Illinois, comprising an Army Reserve area.
Section 2863 -
Authorizes the Secretary of the Army to convey to the existing owner of the improvements thereon all U.S. rights and interest to a parcel of real property underlying the Cummins Apartment Complex at Fort Holabird, Maryland.
Section 2864 -
Outlines procedures in the event of only a partial sale of the land comprising Hamilton Air Force Base, California. Authorizes the Secretary of the Army to convey a specified building to the purchaser of the sale parcel.
Part II - Navy Conveyances
Authorizes the Secretary of the Navy to transfer to the Secretary of Veteran Affairs certain real property located adjacent to the Calverton National Cemetery in Calverton, New York, for use as a national cemetery.
Section 2866 -
Amends the Military Construction Authorization Act for Fiscal Year 1995 to remove a reversionary interest with respect to the transfer of the Naval Weapons Industrial Reserve Plant in Calverton, New York.
Section 2867 -
Amends the Military Construction Authorization Act for Fiscal Year 1993 to authorize the Secretary of the Navy, in lieu of a specified lease arrangement, to convey to Oakland, Alameda, or Richmond, California, or the Port of Oakland, specified real property at the Naval Supply Center in Oakland.
Section 2868 -
Authorizes the Secretary of the Navy to convey to McGregor, Texas, real property containing the Naval Weapons Industrial Reserve Plant in that city. Authorizes the Secretary to lease such property to the city in exchange for fire, security, and maintenance services provided by the city.
Section 2869 -
Authorizes the Secretary of the Navy to convey to the Memphis and Shelby County Port Commission in Memphis, Tennessee, a parcel of real property at the Naval Warfare Center in Memphis.
Section 2870 -
Authorizes the Secretary of the Navy to convey to a transferee to be selected certain real property at Fort Sheridan, Illinois, which served as Navy housing facilities.
Section 2871 -
Authorizes the Secretary of the Navy to convey to the Port of Stockton, California, certain real property at the Naval Communications Station in Stockton.
Section 2872 -
Authorizes the Secretary of the Navy to lease to San Diego, California, specified real property at the Naval or Marine Corps Air Stations, Miramar, California, to allow that city to carry out certain solid waste management activities, including the operation and maintenance of solid waste landfills.
Part III - Air Force Conveyances
Authorizes the Secretary of the Air Force to acquire a parcel of real property adjacent to Shaw Air Force Base, South Carolina. Authorizes a land exchange in order to receive such property, requiring such exchange to be of equivalent fair market values.
Section 2875 -
Authorizes the Secretary of the Air Force to sell to a private person a portion of the Elmendorf Air Force Base, Anchorage, Alaska, requiring the person chosen to maintain the military family housing complex located on the property.
Section 2876 -
Authorizes the Secretary of the Air Force to convey to Forsyth, Montana, certain property which has served as a support complex and recreational facilities for a radar bomb scoring site in Forsyth.
Section 2877 -
Authorizes the Secretary of the Air Force to convey to the Northwest College Board of Trustees certain real property in Powell, Wyoming, which was used as support for a radar bomb scoring site.
Section 2878 -
Authorizes the Secretary of the Air Force to convey to Highlands County, Florida, specified real property within the Avon Park Air Force Range near Sebring, Florida, for operation as a juvenile or other correctional facility.
Subtitle E - Land Conveyances Involving Utilities
Authorizes the Secretary of the Army to convey to:
(1) Burlington County, New Jersey, the resource recovery facility at Fort Dix, New Jersey;
(2) Augusta, Georgia, specified water and wastewater treatment plants at Fort Gordon, Georgia;
(3) the Southern California Edison Company, California, the electrical distribution system at Fort Irwin, California; and
(4) Blackstone, Virginia, the water treatment plant at Fort Pickett, Virginia. Requires environmental compliance in connection with all of the transfers.
Subtitle F - Other Matters
Authorizes the use of DOD funds for the construction of school facilities under the Elementary and Secondary Education Act of 1965.
Section 2892 -
Authorizes the Secretary to carry out the Department of Defense Laboratory Revitalization Demonstration Program under which the Secretary may carry out minor military construction projects to improve DOD laboratories.
Increases the maximum cost (threshold) of minor construction projects for purposes of the Program. Directs the Secretary to designate the DOD laboratories to be covered by the Program. Requires a report.
Prohibits the Secretary from commencing a construction project under the Program after September 30, 1998.
Section 2893 -
Authorizes the Secretary of the Navy to enter into an agreement with the Port Authority of the State of Mississippi under which the Port Authority uses specified real property at the Naval Construction Battalion Center, Gulfport, Mississippi, in a manner consistent with Navy operations conducted at the Center. Requires prior notification to the Congress of such agreement, followed by a 21-day waiting period.
Section 2894 -
Prohibits the Secretary of the Navy from entering into any agreement that would permit civilian aircraft to regularly use the Naval Air Station at Miramar, California.
Section 2895 -
Directs the Secretary of the Army to submit to the Congress a report regarding: (1) Army water craft support facilities and activities; and (2) appropriate action to be taken upon a request from residents of Marcus Hook, Pennsylvania, to close the Army Reserve facility located there and make it available for community use.
Section 2896 -
Directs the Secretary to submit to the congressional defense committees status reports on the results of residual value negotiations between the United States and Germany.
Section 2897 -
Expresses the sense of the Congress that, as soon as the Fitzsimmons Army Medical Center in Aurora, Colorado, has been approved for closure, the Secretary of the Army should consider an expedited transfer of such property to its local RA in order to improve hospital services for the Aurora and Denver, Colorado area. Requires a report.
Title XXIX - Land Conveyances Involving Joliet Army Ammunition Plant, Illinois
Illinois Land Conservation Act of 1995 -
Subtitle A - Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie
Ratifies the proposals generally identified by the land use plan approved by the Joliet Arsenal Citizen Planning Commission on May 30, 1995.
Transfers the portion of land from the Joliet Arsenal constituting the Midewin National Tallgrass Prairie to the Department of Agriculture. Provides that the Secretaries of the Army and Agriculture shall both maintain security for designated portions of the area.
Provides for cooperative agreements between such Secretaries, the EPA Administrator, and other Federal, State, and local governments and private organizations to carry out the purposes of this title.
Section 2912 -
Directs the Secretary of the Army to:
(1) transfer designated portions of the Arsenal to the Secretary of Agriculture within 270 days after the enactment of this Act;
(2) enter into a memorandum of understanding to complete the performance of environmental response actions necessary to complete such transfers; and
(3) transfer to the Secretary of Agriculture specific sites within the Arsenal after completion of all environmental response requirements.
Requires documentation of the environmental condition of parcels to be transferred, together with an assessment of actions required under any environmental laws, including CERCLA.
Section 2913 -
States that any liability or responsibility of the Secretary of the Army under environmental laws shall not transfer with the transfer of Arsenal property. Orders any Federal agency with any hazardous materials at the Arsenal to pay for the cost of cleanup.
Section 2914 -
Directs the Secretary of Agriculture to establish the Prairie on the date of the transfer of portions of the Arsenal, to be managed for National Forest Service purposes. Authorizes such Secretary, in the management of the Prairie, to cooperate with appropriate Federal, State, and local governments, private organizations, and corporations.
Section 2915 -
Prohibits the construction of roads through the Prairie. Specifies terms and conditions for special use authorizations for agricultural purposes. Authorizes the Secretary of Agriculture to charge rental or user fees, and to waive such fees for certain individuals.
Section 2916 -
Provides special disposal rules for certain land parcels at the Arsenal, including information regarding the current environmental conditions of such parcels, as well as an assessment of required actions under environmental laws.
Subtitle B - Other Land Conveyances Involving Joliet Army Ammunition Plant
Authorizes the Secretary of the Army to convey to:
(1) the Secretary of Veterans Affairs a certain parcel at the Arsenal for use as a national cemetery;
(2) Will County, Illinois, a parcel of Arsenal property to be operated as a landfill; and
(3) the State of Illinois a portion of Arsenal land for use as industrial parks.
Provides conveyance conditions for each transfer, including reversionary interests of, or reconveyance to, the United States if such parcels are not used for their specified purpose.
Requires, in the case of the transfer to Illinois, the Governor of such State to establish an RA to oversee the development of the industrial parks.
Subtitle C - Miscellaneous Provisions
Provides that this title does not restrict or lessen the degree of cleanup at the Arsenal required under any environmental law. Authorizes the Secretary of the Army, before the completion of any transfer, to retain jurisdiction over such property for any required environmental cleanup, requiring such Secretary to consult with the Secretary of Agriculture as to the interim identification and management of such property.
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 1996 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) various other defense activities; and (4) 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 appropriate congressional committees a full statement of the action proposed and 30 days have since expired.
Section 3122 -
Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority (requiring congressional notification of any such transfer).
Section 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 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 cost for the design does not exceed $600,000.
Requires specific authorization by law for designs that exceed such amount.
Section 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 congressional defense 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
Authorizes the Secretary to conduct programs to protect, control, and account for fissile materials in Russia. Requires semiannual reports from the Secretary to the Congress on each obligation of funds for such purpose during the previous six months.
Section 3132 -
Prohibits the obligation of funds appropriated for the National Ignition Facility until the Secretary: (1) determines that Facility construction will not impede any nuclear nonproliferation objectives; and (2) notifies the congressional defense committees of such determination .
Section 3133 -
Directs the Secretary to establish a tritium production program capable of meeting the U.S. tritium requirements for nuclear weapons. Earmarks specified funds authorized for FY 1996 for such program. Requires any new tritium production facility to be located at the Savannah River Site, South Carolina. Requires a report on the tritium production program.
Section 3134 -
Authorizes the Secretary to pay to the Hazardous Substance Superfund a specified amount of stipulated penalties assessed against the Rocky Flats, Colorado, nuclear site.
Section 3135 -
Earmarks specified funds authorized under this Division for fissile materials storage and disposition activities.
Section 3136 -
Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory, New Mexico.
Section 3137 -
Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure capable of meeting specified objectives as contained in the Nuclear Posture Review (a February 1995 report from the Secretary of Defense to the President). Provides funding. Directs the Secretary to develop a plan for the implementation of such infrastructure, and to report to the Congress on the obligations incurred.
Section 3138 -
Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site.
Section 3139 -
States that nothing in this Act shall be construed to: (1) authorize the conduct of hydronuclear tests; or (2) amend or repeal limitations on conducting tests of nuclear explosive devices as contained in the Energy and Water Development Appropriations Act, 1993.
Section 3140 -
Directs the Secretary to conduct a fellowship program for the development of skills critical to the ongoing mission of the DOE nuclear weapons complex. Outlines provisions concerning eligible individuals and DOE facilities at which the fellowship program shall be carried out. Provides funding.
Section 3141 -
Prohibits the use of FY 1996 DOE funds for specified research and education purposes unless such activities support the national security mission of DOE.
Section 3142 -
Earmarks specified funds authorized under this title for the processing and treatment of high-level nuclear waste and spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory. Requires the Secretary to submit to the Congress a five-year plan for the implementation of such programs. Earmarks funds for electrometallurgical waste treatment technologies at the Argonne National Laboratory.
Section 3143 -
Earmarks funds authorized under this title for: (1) activities relating to worker protection at DOE nuclear facilities; and (2) the DOE Declassification Productivity Initiative.
Subtitle D - Other Matters
Directs the President to report to the congressional defense committees on costs and other issues related to purchasing tritium from foreign suppliers.
Section 3152 -
Directs the Secretary to report to the Congress with respect to the conduct of future underground nuclear tests when considered necessary for U.S. national security.
Section 3153 -
Directs the President to submit to the Congress a master plan for maintaining the nuclear weapons stockpile. Requires an annual update of the master plan by the President.
Section 3154 -
Prohibits the Secretary from allowing an international inspection of a nuclear weapons facility until the Secretary has certified to the Congress that no restricted data will be revealed during such inspection.
Section 3155 -
Directs the Secretary to ensure that, before a DOE document that contains national security information is released or declassified, such document is reviewed to determine whether it contains restricted data.
Section 3156 -
Directs the Secretary to accelerate the schedule for environmental restoration and waste management activities for any DOE nuclear facility site if such acceleration will achieve meaningful long-term cost savings and substantially accelerate the release of land for local reuse. Requires a report from the Secretary to the Congress on each site selected for such accelerated schedule.
Section 3157 -
Expresses the sense of the Congress that: (1) no individual acting within their scope of employment with a Federal agency shall be subject to civil or criminal sanctions for failure to comply with any environmental cleanup regulation or requirement; and (2) if appropriations are insufficient to fund any required environmental cleanup, the Congress should consider appropriate legislative action to address such potential liability issue.
Section 3158 -
Requires the Office of Military Applications under the Assistant Secretary of Energy for Defense Programs to retain responsibility for DOE's Defense Programs Emergency Response Program.
Section 3159 -
Provides the requirements for DOE weapons activities budgets for fiscal years after 1996.
Section 3160 -
Requires the Secretary to direct the joint participation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternatives to current limits on the explosive yield of hydronuclear tests. Provides funding.
Section 3161 -
Amends the Atomic Energy Community Act of 1955 to:
(1) extend through June 30, 1998, the date until which the Energy Research and Development Administration is authorized to transfer certain utilities to Los Alamos, New Mexico;
(2) extend until such date the authorized transfer to Los Alamos of certain municipal installations;
(3) extend through June 30, 1996, the authorized period for the payment of annual assistance payments to the Los Alamos School Board and the County of Los Alamos; and
(4) extend through June 30, 1997, the contract authorizing such payments.
Section 3162 -
Expresses the sense of the Congress: (1) recognizing the need to implement the terms and conditions of a specified settlement agreement regarding the shipment of spent nuclear fuel to Idaho, examination and storage of such fuel there, and related matters; and (2) that funds requested by the President to carry out the settlement agreement and its related consent order should be appropriated.
Title XXXII - Defense Nuclear Facilities Safety Board
Authorizes appropriations for FY 1996 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 1996, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. Authorizes the NDS Manager to obligate additional amounts if the Manager notifies the Congress that extraordinary or emergency conditions necessitate the additional obligations, and 45 days have elapsed since such notification.
Section 3303 -
Directs the President, in entering into agreements for the disposal from the NDS of chromite and manganese ores or chromium ferro and manganese metal electrolytic, to give a right of first refusal to domestic ferroalloy upgraders.
Section 3304 -
Prohibits the President from disposing of high carbon manganese ferro in the NDS that meets grade one specifications, until completing the disposal of all manganese ferro in the NDS that does not meet such specification. Requires manganese ferro not meeting such specification to be sold only for domestic remelting by a domestic ferroalloy producer unless the President determines that such a producer is unavailable to acquire such material.
Section 3305 -
Directs the Secretary, during each of FY 1996 through 2003, to transfer from the NDS up to 250 short tons of titanium sponge to the Secretary of the Army for use in the weight reduction portion of the main battle tank upgrade program.
Subtitle B - Programmatic Change
Amends the Strategic and Critical Materials Stock Piling Act to direct the Secretary to transfer to the NDS for disposal uncontaminated materials in the DOE inventory of defense-related items that are excess and suitable for transfer to the NDS for disposal.
Title XXXIV - Naval Petroleum Reserves
Subtitle A - Administration of Naval Petroleum Reserves
Authorizes appropriations to the Secretary for FY 1996 for carrying out activities relating to the naval petroleum reserves.
Limits to $7 million the amount of such authorization that may be expended for activities relating to the sale under this title of Naval Petroleum Reserve Number 1.
Provides a specific price requirement for the sale of petroleum produced from Naval Petroleum Reserves Numbers 1, 2, and 3.
Amends the National Defense Authorization Act for Fiscal Year 1995 to extend the operating contract for Reserve Number 1 from two (currently) to three years after the current expiration date of the contract.
Subtitle B - Sale of Naval Petroleum Reserve
Directs the Secretary to sell all U.S. rights and interest to lands inside Naval Petroleum Reserve Number 1 (Elk Hills unit), Kern County, California. Directs the Secretary, within eight months after the effective date of this Act, to finalize the equity interests of the known oil and gas zones in the Elk Hills unit, following the recommendations of an independent petroleum engineer or using other appropriate methods.
Requires the Secretary to:
(1) provide notice of such sale;
(2) establish a minimum sale price; and
(3) retain an independent investment banker to administer the sale of Elk Hills. Provides time limits and administrative procedures for such sale.
Directs the United States to hold harmless and indemnify the purchaser of the Elk Hills unit from any liability resulting from its former ownership by the United States. Requires the continued full production of the Elk Hills unit until completion of the sale.
Provides transition provisions with respect to current petroleum contracts at Elk Hills. Prohibits the Secretary from entering into a contract for the sale of the Elk Hills unit until 31 days after notifying the appropriate congressional committees of such sale.
Section 3415 -
Requires nine percent of the proceeds from the sale of the Elk Hills unit to be reserved in a contingent fund for payment to the State of California for its Teachers' Retirement Fund in the event that claims against the United States regarding production and proceeds of the sale of the Elk Hills unit are settled or resolved.
Section 3416 -
Directs the Secretary to study and report to the Congress on the most cost-effective option of maximizing the value of the naval petroleum reserve units other than the Elk Hills unit. Requires a report from the Secretary to the Congress on study results.
Title XXXV - Panama Canal Commission
Subtitle A - Authorization of Appropriations
Panama Canal Commission Authorization Act for Fiscal Year 1996 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1996, with specified limitations.
Authorizes up to 38 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama. 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 - Reconstitution of Commission as Government Corporation
Panama Canal Amendments Act of 1995 - Amends the Panama Canal Act of 1979 to reestablish the Commission as a wholly owned Government corporation within the executive branch.
Division D - Federal Acquisition Reform
Federal Acquisition Reform Act of 1996 -
Title XLI (sic) - Competition
Amends the Federal Property and Administrative Services Act (FPASA) of 1949 and other Federal provisions to require the Federal Acquisition Regulation (FAR) to ensure that the requirement to obtain full and open competition is implemented in a manner that efficiently fulfills the Government's requirements.
Amends the Office of Federal Procurement Policy Act (OFPPA) to require public notice of solicitations for Federal contracts for property or services expected to exceed $10,000 but not to exceed $25,000.
(Currently, such notice is required for all such contracts, regardless of amount.)
Section 4102 -
Raises the dollar thresholds for contracts that require the prior approval by higher level agency officials of the use of procedures other than competitive procedures.
Section 4103 -
Allows a contracting officer, when the number of offers exceeds the number at which an efficient competition can be conducted, to limit the number of contract proposals in the competitive range to the greatest number that will permit sufficient competition among the offerors with the highest rating.
Allows offerors excluded by such process to request, in writing and within three days, a debriefing of the reasons for such exclusion prior to the award of the contract.
Requires the contracting officer to then make every effort to debrief such offeror, but allows the officer to refuse such request when not in the best interests of the Government at that time.
Provides alternative debriefing requirements if such refusal is exercised.
Section 4105 -
Directs the head of a Federal or defense agency to use a two-phase selection procedure for entering into a contract for the design and construction of a public building, facility, or work when it is determined that such procedure is appropriate.
States that such two phases generally consist of:
(1) a work statement that defines the project to offerors and provides them with sufficient information to submit proposals; and
(2) selection by the contracting officer of the most highly qualified offers based on the use of solicitation evaluation factors.
Requires each contract solicitation to state a maximum number of five offerors that will be selected to submit competitive proposals, unless the agency determines that a greater number is in the Government's best interest and is consistent with the purposes of the two-phase process.
Title XLII - Commercial Items
Exempts the procurement of commercial items by a Federal or defense agency from a requirement that certified cost or pricing data must accompany such stated price. Allows a contracting officer to require such cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract, subcontract, or modification.
Section 4202 -
Authorizes the use of simplified acquisition procedures by a Federal or defense agency for the acquisition of commercial items valued at $5 million or less when the contracting officer reasonably expects that responses to such offers will include only commercial items.
Section 4203 -
Requires the FAR to include a list of Federal procurement provisions that are inapplicable to contracts for the procurement of commercially-available off-the-shelf items.
Section 4204 -
Includes within the definition of commercial items those items for which the price agreed is based upon established market prices of such items sold in substantial quantities to the general public.
Section 4205 -
Makes inapplicable to contracts and subcontracts for commercial items certain cost accounting standards under the OFPPA.
Title XLIII - Additional Reform Provisions
Subtitle A - Additional Acquisition Reform Provisions
Eliminates certain certification requirements for government suppliers, and prohibits the future creation of such certification requirements, unless:
(1) specifically imposed by statute; or
(2) written justification for such certification is provided to the Administrator for Federal Procurement Policy by the Federal Acquisition Regulatory Council, or to the head of an executive agency by the senior procurement official of such agency, and such justification is approved by such Administrator or official.
Section 4302 -
Amends the Federal Acquisition Streamlining Act of 1994 to allow, from January 1, 1997, through January 1, 2000, the testing of alternative Federal procurement procedures.
Section 4303 -
Amends the Arms Export Control Act to authorize the President to waive mandatory charges for research, development, and production costs of U.S. defense products sold abroad, provided that such funds not received are offset by legislated cuts in the President's budget.
Section 4304 -
Amends the OFPPA to establish civil and criminal penalties for the unauthorized disclosure of contractor bid or proposal information, or source selection information, before the award of the procurement contract to which the information relates.
Outlines actions required of procurement officers when contacted by offerors of a contract in which the officer is a substantial participant.
Outlines provisions prohibiting a former employee of a Federal agency from accepting compensation from a contractor for a period of one year after such employee has completed work on a contract that was awarded to such contractor.
Provides criminal and civil penalties for such violations, and allows a Federal agency affected by such a violation to seek administrative redress, including cancellation of the procurement contract at issue.
Requires a person to report such a violation within 14 days of its discovery.
Provides savings provisions and repeals inconsistent provisions.
Section 4305 -
Revises the purposes of the Office of Federal Procurement Policy. Repeals certain findings, policies, purposes, and reporting requirements under the OFPPA.
Section 4306 -
Amends the OFPPA to require each executive agency to establish and maintain cost-effective value engineering procedures and processes.
Section 4307 -
Requires the head of each executive agency other than DOD to establish policies and procedures for the effective management of the acquisition workforce of that agency.
Requires the uniform implementation of such policies and procedures.
Requires such implementation to include policies and procedures for the accession, education, training, and career development of, and performance incentives for, such acquisition workforce.
Establishes statutory standards for career development and worker qualification requirements.
Requires each agency to establish separate funding levels for acquisition workforce education and training, allowing the head of each agency to provide tuition reimbursement in qualifying education for workforce personnel.
Section 4308 -
Encourages the Secretary of Defense to provide for the commencement of a demonstration project to determine the feasibility or desirability of proposals for improving the personnel management policies and procedures of the DOD acquisition workforce. Limits the length of the demonstration program.
Section 4309 -
Prohibits the Administrator of General Services (GSA) from allowing State and local governments to use the Federal supply schedules of the GSA until a conditional date. Requires reports from the Administrator and the Comptroller General concerning the use of such schedules.
Section 4311 -
Includes members of the armed forces authorized to do so within a provision of the OFPPA which allows a Federal contracting officer to make acquisitions of less than $2,500 without receiving competitive quotations.
Subtitle B - Technical Amendments
Makes technical and conforming amendments to: (1) the Federal Acquisition Streamlining Act of 1994; (2) Federal armed forces and military pay provisions; (3) the Small Business Act; (4) the FPASA; (5) the Walsh-Healey Act; (6) the Anti-Kickback Act of 1986; (7) the OFPPA; and (8) miscellaneous other Acts. Makes miscellaneous amendments to Federal acquisition laws.
Title XLIV - Effective Dates and Implementation
Establishes the effective date of this Act and a schedule of implementing regulations.
Division E - Information Technology Management Reform
Information Technology Management Reform Act of 1996 -
Title LI (sic) - Responsibility for Acquisitions of Information Technology
Subtitle A - General Authority
Repeals the Brooks Automatic Data Processing Act, which authorizes and directs the GSA Administrator to coordinate and provide for the economic and efficient purchase, lease, and maintenance of automatic data processing equipment by Federal agencies.
Subtitle B - Director of the Office of Management and Budget
Requires the Director of the Office of Management and Budget (OMB), with respect to information technology in the Federal Government, to:
(1) exercise capital planning control;
(2) promote the improvement of the acquisition, use, and disposal of such technology through the improvement of Federal programs;
(3) develop as part of the budget process a process for analyzing, tracking, and evaluating the risks and results of all major capital investments in information systems by executive agencies;
(4) oversee the development and implementation by the Secretary of Commerce of standards and guidelines pertaining to Federal computer systems;
(5) designate executive agents for information technology acquisitions and require such agents to use best acquisition practices;
(6) assess other models for managing information technology;
(7) compare, and disseminate results of, various agencies' use of information technology;
(8) monitor the development and implementation of training for executive personnel;
(9) inform the Congress with respect to such technology in the Federal Government; and
(10) coordinate the development and review of policy associated with Federal information technology acquisition.
Section 5113 -
Requires the OMB Director to: (1) encourage performance- and results-based management in fulfilling his responsibilities; and (2) evaluate the information resources management practices of the executive agencies with respect to the performance and results of investments made in information technology. Provides enforcement authority for the Director in the accountability of agency heads for information resources management and investments.
Subtitle C - Executive Agencies
Requires the head of each executive agency to design and implement in such agency a process for maximizing the value and assessing and managing the risks of information technology acquisitions.
Directs such agency heads to utilize the same performance- and results-based management practices as encouraged by the OMB Director, and to prepare an annual report to the Congress concerning progress in achieving such goals.
Provides specific authority of such agency heads with respect to information technology acquisitions.
Section 5125 -
Designates a Chief Information Officer (currently, a senior official) within each executive agency, with appropriate duties relating to information technology acquisition and management.
Section 5126 -
Requires the head of each agency, in consultation with the Chief Information Officer and Chief Financial Officer of such agency, to establish policies and procedures to ensure the integration within such agency of financial and information systems.
Section 5127 -
Requires agency heads to identify any major information technology acquisition program, or phase or increment of such program, that has significantly deviated from its cost, performance, or schedule goals.
Section 5128 -
Authorizes agency information technology funding to be used to support jointly with other agency heads the activities of interagency groups established to advise the OMB Director in carrying out information technology responsibilities under this title.
Subtitle D - Other Responsibilities
Directs the Secretary of Commerce to promulgate standards and guidance pertaining to the efficiency, security, and privacy of Federal computer systems.
Authorizes the President to disapprove or modify such standards.
Authorizes an agency head to employ more stringent standards as long as such standards contain at least those standards made compulsory and binding by such Secretary. Authorizes the Secretary to waive such standards when compliance would adversely affect the mission of a computer operator or cause a major adverse financial impact on such operator which is not offset by Government-wide savings.
Section 5132 -
Expresses the sense of the Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year at least a five percent decrease in information technology O&M costs, as well as a five percent increase in efficiency of operations.
Subtitle E - National Security Systems
Excludes, with exceptions, national security systems from the provisions of this title.
Title LII - Process for Acquisitions of Information Technology
Directs the Federal Acquisition Regulatory Council to ensure that the information technology acquisition process is a simplified, clear, and understandable process that specifically addresses the management of risk, incremental acquisitions, and the need to incorporate commercial information technology in a timely manner.
Section 5202 -
Requires each agency head, to the maximum extent practicable, to use modular contracting for the acquisition of a major system of information technology. Requires implementation of the modular contracting process through the FAR.
Title LIII - Information Technology Acquisition Pilot Programs
Subtitle A - Conduct of Pilot Programs
Authorizes the Administrator of Federal Procurement Policy (FPP) to conduct pilot programs in order to test alternative approaches for the acquisition of information technology by executive agencies. Provides pilot program conditions and limitations, including a time limit of five years for each program.
Section 5302 -
Directs each agency head conducting such a pilot program to establish measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program. Requires the FPP Administrator to submit to the Congress a detailed test plan for a pilot program before it may be conducted.
Section 5303 -
Directs the FPP Administrator, within 180 days after completion of a pilot program under this subtitle, to: (1) report to the OMB Director on the program's findings and results; and (2) provide a copy of such report to the Congress.
Section 5304 -
Requires the OMB Director to submit to the Congress recommendations for legislation if a pilot program's results and findings indicate that such legislation is necessary or desirable.
Subtitle B - Specific Pilot Programs
Allows the FPP Administrator to authorize the heads of two executive agencies to carry out a pilot program in which a private contractor provides the Federal Government with an information technology alternative process, and the private contractor is paid a portion of the savings derived by the Government from improvements made through such alternative process.
Section 5312 -
Allows the FPP Administrator to authorize the heads of two executive agencies to carry out a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology.
Defines such contracting as an acquisition method under which the objectives are defined by the Federal user of the technology, a streamlined contractor selection process is utilized, and industry sources are allowed to provide solutions that attain such objectives.
Outlines acquisition process requirements under such pilot program, including the use of simple solicitations, proposals, and evaluations.
Directs the FPP Administrator to establish a joint working panel of Federal personnel and representatives of the information technology industry to design a plan for the conduct of any pilot program under this section.
Outlines required plan contents.
Requires the Comptroller General to:
(1) monitor acquisitions made under the pilot program; and
(2) periodically report monitoring results to the Congress.
Title LIV - Additional Information Resources Management Matters
Directs the GSA Administrator, not later than January 1, 1998, and using the Federal Acquisition Computer Network (FACNET), to provide Government-wide on-line computer access to information on products and services available for ordering under the multiple award schedules.
Adds to required FACNET functions.
Authorizes the FPP Administrator to establish a pilot program to test streamlined procedures for the procurement of information technology products and services available under such award schedules.
Requires the pilot program to be applicable to all multiple award schedule contracts for the purchase of information technology, and to test specified procedures.
Requires a Comptroller General review and report on such pilot program.
Authorizes the FPP Administrator to withdraw a multiple award schedule or portion thereof from the pilot program upon certain determinations.
Terminates the pilot program four years after its establishment, unless reauthorized by law.
Section 5402 -
Directs agency heads to: (1) inventory all computer equipment under their control; and (2) maintain an inventory of any such equipment that is excess or surplus property.
Section 5403 -
Directs each agency head to ensure that, if that agency's information systems disseminate information to the public, then an index of such disseminated information is included within a directory published by the Government Printing Office under Federal law.
Title LV - Procurement Protest Authority of the Comptroller General
Revises time limitations with respect to the procurement protest process.
Title LVI - Conforming and Clerical Amendments
Makes various conforming and clerical amendments related to changes made under this Division.
Title LVII - Effective Date, Savings Provisions, and Rules of Construction
Provides, with respect to this Division, an effective date, savings provisions, and rules of construction.

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