S.1026 - National Defense Authorization Act for Fiscal Year 1996104th Congress (1995-1996)
|Sponsor:||Sen. Thurmond, Strom [R-SC] (Introduced 07/12/1995)|
|Committees:||Senate - Armed Services|
|Committee Reports:||S. Rept. 104-112|
|Latest Action:||09/06/1995 Indefinitely postponed by Senate by Unanimous Consent. (All Actions)|
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Subject — Policy Area:
- Armed Forces and National Security
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Summary: S.1026 — 104th Congress (1995-1996)All Bill Information (Except Text)
Indefinitely postponed in Senate (09/06/1995)
TABLE OF CONTENTS:
Title I: Procurement
Subtitle A: Authorization of Appropriations
Subtitle B: Army Programs
Subtitle C: Navy Programs
Subtitle D: Other Programs
Title II: Research, Development, Test, and Evaluation
Subtitle A: Authorization of Appropriations
Subtitle B: Program Requirements, Restrictions,
Subtitle C: Missile Defense
Title III: Operation and Maintenance
Subtitle A: Authorization of Appropriations
Subtitle B: Depot-Level Maintenance and Repair
Subtitle C: Environmental Provisions
Subtitle D: Civilian Employees
Subtitle E: Defense Financial Management
Subtitle F: Miscellaneous Assistance
Subtitle G: Operation of Morale, Welfare, and
Subtitle H: 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: Uniform Code of Military Justice
Subtitle D: Decorations and Awards
Subtitle E: Other Matters
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: Commissaries and Nonappropriated Fund
Subtitle E: Other Matters
Title VII: Health Care
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
Subtitle A: Acquisition Reform
Subtitle B: Other Matters
Title IX: Department of Defense Organization and Management
Title X: General Provisions
Subtitle A: Financial Matters
Subtitle B: Naval Vessels
Subtitle C: Counter-Drug Activities
Subtitle D: Department of Defense Education Programs
Subtitle E: Cooperative Threat Reduction With States of
the Former Soviet Union
Subtitle F: Matters Relating to Other Nations
Subtitle G: Repeal of Certain Reporting Requirements
Subtitle H: Other Matters
Title XI: Technical and Clerical Amendments
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 Construction Program and Military
Family Housing Changes
Subtitle B: Defense Base Closure and Realignment
Subtitle C: Land Conveyances
Subtitle D: Transfer of Jurisdiction and Establishment
of Midewin National Tallgrass Prairie
Subtitle E: Other Matters
Title XXXI(sic): Department of Energy National Security
Subtitle A: National Security Programs Authorizations
Subtitle B: Recurring General Provisions
Subtitle C: Program Authorizations, Restrictions, and
Subtitle D: Review of Department of Energy National
Subtitle E: Other Matters
Title XXXII: Defense Nuclear Facilities Safety Board
Title XXXIII: Naval Petroleum Reserves
Title XXXIV: National Defense Stockpile
Title XXXV: Panama Canal Commission
Title XLI (sic): Responsibility for Acquisitions of
Subtitle A: General Authority
Subtitle B: Director of the Office of Management and
Subtitle C: Executive Agencies
Subtitle D: Chief Information Officers Council
Subtitle E: Interagency Functional Groups
Subtitle F: Other Responsibilities
Subtitle G: Sense of Congress
Title XLII: Process for Acquisitions of Information
Subtitle A: Procedures
Subtitle B: Acquisition Management
Title XLIII: Information Technology Acquisition Pilot
Subtitle A: Conduct of Pilot Programs
Subtitle B: Specific Pilot Programs
Title XLIV: Other Information Resources Management Reform
Title XLV: Procurement Protest Authority of the Comptroller
Title XLVI: Related Terminations, Conforming Amendments, and
Subtitle A: Conforming Amendments
Subtitle B: Clerical Amendment
Title XLVII: Savings Provisions
Title XLVIII: Effective Dates
National Defense Authorization Act for Fiscal Year 1996 - 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 the procurement of aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement.
(Sec. 104) Authorizes appropriations for FY 1996 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; and (5) the defense health program.
Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for AH-64D Longbow Apache attack helicopters.
(Sec. 112) 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 AHIP Scout aircraft from funds appropriated under this title.
(Sec. 113) Prohibits any funds available to the Department of Defense (DOD) for FY 1996 from being obligated to procure Hydra 70 rockets until the Secretary of the Army submits to the Congress certain certifications with respect to technical corrections in such rocket, the costs of such corrections, and related information. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest.
(Sec. 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.
Subtitle C: Navy Programs - Earmarks funds appropriated under this Act for the final Seawolf attack submarine and the first two submarines under the New Attack Submarine (NAS) program. Earmarks funds under the FY 1997 defense authorization Act for design, advance procurement, and research, development, test, and evaluation (RDT&E) under the NAS program. Requires competition in the procurement of the Seawolf and the NAS. Prohibits certain actions in order to ensure that Electric Boat Division and Newport News Shipbuilding retain the technical competencies to construct the NAS. Limits the FY 1996-1999 expenditure of funds for the Seawolf and the NAS. Requires certain reports.
(Sec. 122) Amends the National Defense Authorization Act for Fiscal Year 1995 to repeal a prohibition on the backfitting of Trident submarines.
(Sec. 123) Earmarks funds authorized under this title for the initial and final increment funding for two Arleigh Burke class destroyers.
(Sec. 124) Authorizes the Secretary to provide in the future-years defense program for split funding of construction of new naval vessels satisfying specified requirements. Authorizes the Secretary of the Navy to contract for the construction of a new naval vessel upon appropriation of a first increment of funding for construction of the vessel.
(Sec. 125) Limits, with exceptions, the total amount to be obligated or expended for procurement of SSN 21, 22, and 23 Seawolf class submarines.
(Sec. 126) Authorizes 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.
Subtitle D: Other Programs - Prohibits FY 1996 DOD RDT&E funds from being obligated or expended for the Tier II Predator unmanned aerial vehicle program.
(Sec. 132) 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 House Armed Services and Senate National Security Committees (defense committees) that such systems have been equipped with the common automatic landing and recovery system.
(Sec. 133) Earmarks funds authorized under this title for the Joint Primary Aircraft Training System program for procurement of up to eight aircraft.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1996 for the armed forces for RDT&E and for basic research and exploratory development.
Subtitle B: Program Requirements, Restrictions, and Limitations - Earmarks funds authorized under this title for specified phases of the AF117X long-range, medium attack aircraft.
(Sec. 212) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to empower the Under Secretary of Defense for Acquisition and Technology with the responsibility for developing and testing naval mine countermeasures systems during FY 1997 through 1999. (Currently, the Director, Defense Research and Engineering has such responsibility during FY 1995 through 1999.)
(Sec. 213) Allows the obligation of no more than 50 percent of the funds authorized under this title for the Tomahawk Baseline Improvement Program before the Secretary of the Navy must certify to the defense committees with respect to certain testing under the Program.
(Sec. 214) Directs the Secretary of the Air Force to structure the development schedule for the Space and Missile Tracking System so as to achieve a first launch of a System satellite in FY 2001, and to attain initial operational capability of a full constellation of such satellites in FY 2003. Requires the concurrence of the Director of the Ballistic Missile Defense Organization with respect to certain decisions made under the System. Authorizes FY 1996 appropriations.
(Sec. 215) 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.
(Sec. 216) Earmarks funds authorized under this title for: (1) Defense Nuclear Agency funding; (2) the tunnel characterization and neutralization program; and (3) the long-term radiation tolerant microelectronics program (with a required report).
(Sec. 217) Earmarks funds authorized under this title for the Counterproliferation Support Program. Authorizes the Secretary, in the national interest, to transfer to the Program funds otherwise made available to DOD in this Division for FY 1996. Limits to $50 million the total authorized amount of such transfers.
(Sec. 218) Directs the Secretary to establish in the Office of the Under Secretary of Defense for Acquisition and Technology a Program Office for Nonlethal Systems and Technologies to conduct RDT&E of nonlethal weapons applicable to forces engaged in both traditional and nontraditional military operations. Provides funding.
(Sec. 219) Authorizes the obligation of funds appropriated or otherwise made available to DOD for FY 1996 to procure work from a federally funded research and development center named in a report from the Secretary to the defense committees. Prohibits any funding for such procurement until the report is received. Earmarks funds authorized under this title for such purpose. Authorizes the Secretary to waive the funding limitation as long as notice of, and the reasons for, such waiver are sent to the defense committees. Reduces by $90 million the total amount authorized under this title for RDT&E.
(Sec. 220) 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.
(Sec. 221) Repeals, with respect to the national defense technology and industrial base, defense reinvestment, and defense conversion programs: (1) certain definitions; (2) specified policy objectives; (3) the commercial-military integration partnerships program; (4) the regional technology alliances assistance program; (5) the Military-Civilian Integration and Technology Transfer Advisory Board; (6) the Navy Reinvestment Program; (7) the manufacturing extension programs; and (8) the defense dual-use assistance extension program.
(Sec. 222) Directs the Secretary to: (1) use the manufacturing science and technology joint planning process of the directors of DOD laboratories in establishing the DOD manufacturing science and technology program; and (2) seek the participation of equipment manufacturers in the projects under such program.
(Sec. 223) 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.
(Sec. 224) Earmarks specified FY 1995 Air Force RDT&E funds for continuation of the Joint Seismic Program and Global Seismic Network.
(Sec. 225) Earmarks funds authorized under this title for continued development of the depressed altitude guided gun round system.
(Sec. 226) Transfers a specified amount of funds authorized under this title for the procurement of communications equipment for Army echelons above corps.
(Sec. 227) Prohibits the Secretary from approving a theater missile defense interceptor program proceeding beyond the low-rate initial production acquisition stage until the Secretary certifies to the congressional defense committees that such program has successfully completed initial operational test and evaluation and is found to be a suitable and effective system. Outlines certification requirements.
Subtitle C: Missile Defense - Missile Defense Act of 1995 - States the missile defense policy of the United States. Directs the Secretary to establish a top priority core theater missile defense (CTMD) program consisting of specified systems. Requires the Secretary to ensure that CTMD systems are interoperable and fully capable of external sensor and battle management support from defense systems of the various armed forces. Directs the Secretary to terminate the Boost Phase Interceptor. Directs the Secretary to develop an affordable development plan for follow-on theater missile defense systems which: (1) leverages existing systems, technologies, and programs; and (2) focuses investments to satisfy military requirements not met by the CTMD program. Requires specified reports from the Secretary to the congressional defense (armed forces and appropriations) committees.
(Sec. 235) Directs the Secretary to develop an affordable and operationally effective national missile defense (NMD) system to counter a ballistic missile attack which will attain initial operational capability by the end of 2003. Outlines NMD system requirements. Requires the: (1) development of an interim operational capability until the NMD system is in place and operational; (2) use of streamlined acquisition procedures in meeting the development and operational capability requirements of the NMD system; (3) employment of cost saving measures which do not decrease the operational effectiveness of the system or pose unacceptable technical risks; and (4) submission of a report from the Secretary to the congressional defense committees on the plan for NMD deployment.
(Sec. 236) 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 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.
(Sec. 237) Expresses the sense of the Congress that: (1) it is vital to U.S. national security interests that the United States defend itself from the threat of a limited, accidental, or unauthorized ballistic missile attack; (2) the deployment of a national missile defense system strengthens strategic stability and deterrence; (3) the Senate should undertake a comprehensive review of the continuing value and validity of the ABM Treaty, and recommend additional policy guidance on the future application of such Treaty; and (4) the Senate Committee of Foreign Relations, upon completion of such review, should report its findings to the Senate.
(Sec. 238) 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 considered 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 1995 to implement an agreement with any of the independent states of the former Soviet Union entered into after January 1, 1995, that would establish a demarcation between theater missile defense systems and anti-ballistic missile systems for purposes of the ABM Treaty or that would restrict the performance, operation, or deployment of U.S. theater missile defense systems.
(Sec. 238) States that, until a missile or air defense system is flight-tested in an ABM-qualifying flight test, such system, upgrade, or component: (1) has not been tested in an ABM mode, for Treaty purposes; and (2) is therefore not subject to Treaty application, limitation, or obligation. Prohibits appropriated funds from being expended or obligated by any Government official to apply such Treaty to RDT&E or deployment of such non-qualifying air or missile defense systems. Ceases the application of such prohibition when a system is flight tested in an ABM-qualifying manner. Requires the Secretary to annually certify to the Congress that no U.S. air or missile defense system is being constrained by the ABM Treaty in a manner inconsistent with this section. Finds that ballistic missile range and velocity parameters should be subject to the Senate's review under section 237.
(Sec. 239) 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. Provides the origin of funding for non-core theater missile defense (TMD), core TMD, and battle management, control, communications, and intelligence programs. Requires each program element to include requests for amounts necessary for management and support of the programs.
(Sec. 241) Repeals various provisions of specified Acts made inconsistent by this Subtitle.
(Sec. 242) Expresses the sense of the Senate that: (1) the authorities and responsibilities of the Office of the Director of Operational Test and Evaluation should not be diminished or eliminated; and (2) the conferees on HR 1530 should not propose to the Congress a conference report that would either diminish or eliminate such Office or its functions.
(Sec. 243) Requires the Director of the Ballistic Missile Defense Organization to establish a Ballistic Missile Defense Technology Center within the Space and Strategic Defense Command of the Army. Outlines Center missions. Requires coordination with such Center of all new missile defense programs.
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.
(Sec. 304) Transfers a specified amount from the National Defense Stockpile Transaction Fund to O&M accounts for FY 1996.
(Sec. 305) Increases by $5 million the amount authorized to be appropriated by this Act for O&M of the Air Force for the Civil Air Patrol Corporation. Reduces by $2 million the amount authorized under this Act for Air Force support of the Civil Air Patrol.
Subtitle B: Depot-Level Maintenance and Repair - Directs the Secretary to develop and report to the defense committees a comprehensive policy on the performance of depot-level maintenance and repair (DLMR) for DOD, with a primary objective of a ready and controlled source of technical competence and repair and maintenance capabilities necessary for national security across a full range of current and projected training and operational requirements. Repeals: (1) a current requirement that no more than 40 percent of the DOD DLMR be performed by non-Government personnel; and (2) a provision prohibiting the contracting out of DOD DLMR activities of at least $3 million without using competitive selection procedures. Directs the Comptroller General, after receiving from the Secretary all information used by DOD in developing such policy, to report to the Congress a detailed analysis of the policy.
(Sec. 312) 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.
Subtitle C: Environmental Provisions - Allows agreements for environmental restoration services performed by another Federal or State agency to provide for reimbursement to such agency only of the technical and scientific services obtained, with an FY 1996 reimbursement limitation of $5 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.
(Sec. 322) 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 the 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 application of such regulations with respect to design, construction, manning, or equipment standards on foreign flagged vessels engaged in passage. Provides for interagency cooperation in the development of appropriate standards under the marine vessel discharge requirements of such Act.
(Sec. 323) Revises Federal provisions concerning: (1) the establishment of restoration advisory boards; (2) funding for the 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 limit of $4 million. Requires reports from technical review committees or restoration advisory boards formed for such purpose to be included in an annual DOD report on environmental restoration activities.
Subtitle D: Civilian Employees - Provides the minimum FY 1996 and 1997 number of personnel to be employed as military reserve technicians.
(Sec. 332) Exempts DOD from personnel ceilings for civilian personnel.
(Sec. 333) 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.
(Sec. 334) 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.
(Sec. 335) Authorizes the transfer of civilian employees between the DOD domestic dependent schools and the overseas defense dependents' education system.
(Sec. 336) 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.
(Sec. 337) Includes employees voluntarily separated under reduction-in- force procedures among those eligible for continued health insurance coverage for a temporary period.
(Sec. 338) Makes inapplicable to DOD: (1) the 120-day limitation on the detail of certain Federal employees; and (2) required biannual reports concerning progress made in meeting part-time career employment goals.
(Sec. 340) 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.
(Sec. 341) Authorizes DOD to make lump-sum severance payments to its employees, requiring a refund of the pro rata share of such pay if such individual is reemployed. Terminates such authority as of the end of FY 1999.
(Sec. 342) Adjusts the holiday observance day for DOD employees whose basic workweek is other than Monday through Friday.
(Sec. 343) Includes DOD nonappropriated fund instrumentality employees within a Federal provision authorizing flexible and compressed work schedules.
Subtitle E: Defense Financial Management - Prohibits funds authorized to be appropriated to DOD by this Act from being obligated for a capital lease for the establishment of a DOD financial management training center until 90 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.
(Sec. 352) Prohibits the Secretary during FY 1996 from establishing any center for the Defense Finance and Accounting Service not operating on the date of enactment of this Act unless the Secretary reports to the Congress a need for such new center and 30 days have elapsed since the receipt of such report. Requires the Secretary, before submitting such report, to reexamine the need for any new center.
Subtitle F: Miscellaneous Assistance - Authorizes the Secretary of the Army or Air Force to provide for participation of its National Guard in joint disaster and emergency assistance exercises.
(Sec. 362) Prohibits funds authorized in this or any other Act from being obligated or expended for: (1) the Office of Civil- Military Programs within the Office of the Assistant Secretary of Defense for Reserve Affairs; or (2) the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
(Sec. 363) Revises Federal provisions establishing the Civil-Military Cooperative Action Program to: (1) allow only the reserve components and the combat support and combat service support units of the regular armed forces (currently, all of the armed forces) to participate in the Program; (2) revise the Program objectives; and (3) revise procedures and requirements to be included in regulations governing such Program.
(Sec. 364) Prohibits the obligation or expenditure of funds authorized by this or any other Act for the Office of Humanitarian and Refugee Affairs within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
(Sec. 365) 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 aid programs.
Subtitle G: Operation of Morale, Welfare, and Recreation Activities - Makes inapplicable to the Coast Guard a Federal provision limiting the authorized amount of funds to be retained in the morale, welfare, and recreation (MWR) account of an armed force.
(Sec. 372) Authorizes the MWR retail facilities to sell items according to regulations prescribed by the Secretary. Prohibits certain sale restrictions from being included in such regulations. Directs the Secretary to report to the defense committees identifying each restriction in effect with respect to exchange stores and other revenue-generating facilities operated by nonappropriated fund activities of DOD for the MWR of its members.
(Sec. 373) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal the requirement to convert naval ships' stores to nonappropriated fund instrumentalities.
Subtitle H: Other Matters - Makes funds from the National Defense Sealift Fund available for expenses of the National Defense Reserve Fleet.
(Sec. 382) Requires a specified conditional portion of the amount recovered by the Government in a fiscal year for losses and expenses incurred by DOD as a result of contractor fraud at military installations to be credited to appropriations accounts of DOD on the basis of the losses actually suffered at each installation as a result of such fraud. Provides appropriate uses of such amounts by the military departments.
(Sec. 383) 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.
(Sec. 384) Authorizes the Secretary of the Navy to sell certain designated articles and items of clothing to members of the Navy and Marine Corps, under specified conditions. Directs such Secretary to sell subsistence supplies to members of other armed forces at prices charged to Navy and Marine Corps personnel (equivalent prices). Authorizes such Secretary to sell serviceable supplies other than subsistence supplies to members of other armed forces for the buyers' use in the service. Authorizes persons who have been honorably discharged from any military department and are receiving medical care through the Public Health Service or the Department of Veterans Affairs to buy subsistence supplies at equivalent prices. Authorizes such Secretary to sell to honorably discharged individuals exterior articles of uniform at equivalent prices. Authorizes such Secretary to sell ships' stores to appropriate civilian officers and employees of the United States at military installations: (1) outside the United States; and (2) inside the United States if it is impractical for such officers and employees to obtain such stores from commercial enterprises without impairing the efficient operation of military activities. Requires sales to civilian officers and employees inside the United States to be made only to those residing within military installations.
(Sec. 385) Requires, on and after October 1, 1995, the Civilian Marksmanship Program to be operated as a nonappropriated fund instrumentality of the United States within DOD for the benefit of military personnel and for the promotion of rifle practice and firearms safety among civilians. Requires the Program to be under the general supervision of the Advisory Committee for the Promotion of Rifle Practice and Firearms Safety, which replaces the National Board for the Promotion of Rifle Practice. Outlines funding provisions for the Advisory Committee. Provides authorized Program activities, including the operation and maintenance of rifle ranges, firearms marksmanship instruction and safety, and firearms competitions. Authorizes the Program to issue arms, ammunition, targets, and related equipment and supplies to gun clubs providing training to various youth organizations. Authorizes the sale of such items to other gun clubs and citizens for Program purposes. Requires the Program Director, before conveying any weapon or ammunition to a person, to provide for a criminal records check of the person with appropriate Federal and State law enforcement agencies. Authorizes the Director to impose reasonable fees for persons and gun clubs participating in any Program activity. Directs the Secretary of the Army to reserve for the Program all remaining M-1 Garand rifles and related accessories still held by the Army. Outlines participation conditions for military personnel participating in rifle instruction and competitions.
(Sec. 386) Directs the Secretary of Defense to report to the Congress describing the advantages and disadvantages of using contractor personnel, rather than civilian DOD employees, to perform DOD functions that are not essential to the military war fighting mission.
(Sec. 387) Prohibits the Secretary of Education from considering any payment made to a local educational agency (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. Outlines conditions under which an LEA shall be eligible to receive additional assistance as a heavily impacted LEA (an LEA having a high proportion of Federally connected children in its schools). Revises provisions concerning the determination of the amount of such aid to LEAs, with a special rule in the case of a heavily impacted LEA. Revises generally provisions concerning the requirement of the use of current year data for providing appropriate assistance to heavily impacted LEAs.
(Sec. 388) Earmarks funds authorized under this Act for the: (1) Troops-to-Teachers program; and (2) Troops-to-Cops program.
(Sec. 389) Authorizes appropriations to fully fund the budget request for the Junior ROTC programs of the various military departments. Reduces by an identical amount the sums authorized under title I for Army ammunition.
(Sec. 390) Directs the Secretary to report to the Congress on the feasibility of using private sources for satisfying the DOD requirements for VIP transportation by air and the performance of certain other military aircraft functions as considered appropriate by the Secretary.
(Sec. 391) Earmarks funds authorized under this title for the Allegany Ballistics Laboratory for essential safety functions.
(Sec. 392) 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 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.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth 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.
(Sec. 403) Prohibits from being counted against officer personnel end strength limits an officer continuing to hold a general or admiral grade after serving as the Chairman of the Joint Chiefs of Staff 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 strengths by up to two percent. Provides the end strengths for members of the reserve serving on active duty in support of the reserve. Increases the number of officers of certain grades authorized to serve on such duty.
(Sec. 414) 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.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Reduces from 1,000 to 500 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 an assignment any portion of which was performed on or after the date of enactment of this Act and which provided significant experience in joint matters, as long as the officer is recommended for such credit by the head of his or her military department. Grants such credit on a case-by-case basis, requiring the Secretary to prescribe uniform criteria for such credit. Requires information on officers receiving such credit to be included by the Secretary in a required annual report. Exempts general and flag officers from a provision limiting the number of officers receiving such credit in a fiscal year to ten percent of the total number of officers in that pay grade selected for the joint specialty in that fiscal year. Considers an officer to have completed a full tour of joint duty upon completion of a second joint duty assignment that is less than the period required for a first joint duty assignment, but not less than two years, whether or not a minimum joint tour duty length waiver was granted for such officer.
(Sec. 502) 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.
(Sec. 503) Requires any officer appointed Surgeon General of an armed force to be educationally and professionally qualified to furnish health care to other persons, including doctors of medicine, dentistry, and osteopathy, nurses, and clinical psychologists.
(Sec. 504) 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 in the regular grade of major general.
(Sec. 505) Includes all officers above the major or lieutenant commander grades (currently, above such grades but below lieutenant general of 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.
(Sec. 506) Extends through FY 1996 certain reserve officer management authorities.
(Sec. 507) 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 and 1997 in the number of such officers.
(Sec. 508) Authorizes the Secretary of the Army to retire any Director of Admissions of the United States Military Academy who has more than 30 years of service as a commissioned officer.
Subtitle B: Matters Relating to Reserve Components - Establishes the Department of Defense Ready Reserve Income Insurance Program, administered by the Secretary, to insure Ready Reserve members against the risk of being ordered into covered service. Provides 30 days' automatic enrollment in the Program, with an exception, upon first becoming a member. Requires a member to enroll within such period. Provides as the basic benefit of such insurance $1,000 per 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 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 Department of Defense Ready Reserve 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 for 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 uniform.
(Sec. 512) Includes dentists in critical specialties (currently, only physicians) within a program providing financial assistance for health care professionals in the reserve components.
(Sec. 513) Allows reserve personnel performing public safety duty to charge such period of absence to accrued annual leave or compensatory time available.
Subtitle C: Uniform Code of Military Justice - Amends the Uniform Code of Military Justice (UCMJ) to provide 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.
(Sec. 524) Requires the imposition of a fine, imprisonment, or both, for an individual who refuses to testify before a court-martial.
(Sec. 525) 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.
(Sec. 526) 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 forfeitures or reduction until the date on which the sentence is approved.
Requires court-martial sentences that include confinement for one year or more, death, dishonorable discharge, or dismissal to result in the forfeiture of all pay and allowances due to such member during the confinement or parole. 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 the 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.
(Sec. 528) Requires all matters submitted to the convening authority for consideration after a trial by court-martial to be in writing.
(Sec. 529) Authorizes a proceeding in revision to correct clerical mistakes in a judgment, order, or other part of the record or any error arising from oversight or omission.
(Sec. 530) 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.
(Sec. 531) Includes flight from arrest as a punishable action under the UCMJ.
(Sec. 532) 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 the accused reasonably believed such person to be at least 16.
(Sec. 533) Requires newly enlisted personnel to be instructed in the UCMJ within 14 (currently six) days after entrance into active or reserve duty.
(Sec. 535) 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.
(Sec. 536) 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.
Subtitle D: 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 U.S. armed forces before April 25, 1962, and were wounded while being taken prisoner or held captive. Excepts from such awards persons convicted of rendering assistance to the enemy.
(Sec. 542) Authorizes the Secretary or the Secretary of a military department to award a decoration to any person for an act, achievement, or service 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 to report findings concerning such review and awards to the defense committees.
(Sec. 543) Authorizes the President, the Secretary, or the Secretary of a military department 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.
(Sec. 544) Directs the Secretary of the Army to: (1) review records relating to the award of the Distinguished Service Cross to Asian-Americans and Native American Pacific Islanders for service in the Army 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 to award such Medal to appropriate individuals, waiving certain award time restrictions in such cases.
Subtitle E: Other Matters - Directs the Secretary to establish within his Office 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 search and rescue responsibilities to be established by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. 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 as to the whereabouts or status of such persons. Prohibits such board from declaring a person dead unless the evidence before it establishes conclusive proof of such person's death. Requires board proceedings to be closed to the public (including the next of kin). Directs the Secretary, after receiving a board recommendation, to determine whether such person shall continue to have a missing status, be declared to have deserted or be absent without leave, or be declared dead. Requires a report to family members and other interested persons. Requires the appointment of an additional board if further information becomes available. Allows the next of kin and other family members to attend 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. Requires, with specified exceptions concerning classified or privileged information or privacy, the Secretary having jurisdiction over a missing person to ensure that the 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 such area. Provides additional information to be included in a report when a person is declared dead.
Allows military pay for the full time of absence for any person in a missing or dead status under the Missing Persons Act of 1942 who is found alive and is 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 of State to carry out a comprehensive study 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 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.
(Sec. 552) Amends the 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.
(Sec. 553) Provides for separation from service in cases involving persons sentenced to confinement for one year or more.
(Sec. 554) Removes the six-month limit on the duration of field training or practice cruise required under the Senior ROTC Program.
(Sec. 555) Authorizes the Secretary of each military department to: (1) review the military record compilation process for potential improvements in the correction of such records; and (2) report study findings and recommendations to the Secretary, who in turn shall transmit such reports to the defense committees.
(Sec. 556) Prohibits the Secretary from reducing below a specified amount for FY 1996 and thereafter 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 Assistant Secretary of Defense responsible for health affairs to submit to the congressional defense committees a plan for the reduction in the number of such personnel over a five-year period beginning on October 1, 1996.
(Sec. 557) Repeals, with respect to the military service academies, the requirement that the: (1) position of athletic director shall be a position in the civil service; and (2) Superintendent of such academy shall administer a nonappropriated fund account for the athletics program at such academy.
(Sec. 558) Prohibits any funds available to DOD from being obligated to carry out a test program for determining the cost effectiveness of transferring to the private sector the operations of one or more military academy preparatory schools.
(Sec. 559) Directs the Secretary and the Attorney General to jointly establish an advisory panel on centralized review of DOD administrative personnel actions. Requires a report from the panel to the Secretary and the Attorney General, to be transmitted, together with comments, to the Congress. Terminates the panel 30 days after submission of its report.
(Sec. 560) 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 a required report is submitted. Directs such Secretary, before submitting such report, to: (1) conduct a comparative cost-benefit analysis of reorganization options; and (2) select the most appropriate option. Requires such Secretary to then submit to the defense committees a report describing the reorganization option selected.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1996 military pay increases tied to increases in the General Schedule of Compensation for Government employees. 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.
(Sec. 602) 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.
(Sec. 603) Authorizes as of July 1, 1996, the payment of a BAQ for enlisted personnel in the pay grade of E-6.
(Sec. 604) 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.
(Sec. 614) Provides to both warrant officers (current law) and enlisted members of specified grades hazardous duty incentive pay for service as air weapons controllers.
(Sec. 615) 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.
(Sec. 617) Provides continuous entitlement to career sea pay for crew members of a ship designated as a tender-class ship.
(Sec. 618) 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.
(Sec. 622) Provides a departure allowance when dependents of military personnel are authorized (currently, only when ordered) by competent authority to depart from an area.
(Sec. 623) Provides a dislocation allowance for those directed to move as a result of a base closure or realignment.
(Sec. 624) Includes students who 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.
Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes certain members of the Ready Reserve to use DOD commissary stores for a period of one year on the same basis as members on active duty. (Currently, such members are permitted such use for 12 days of any calendar year during which the members are eligible.)
(Sec. 632) Authorizes full commissary use (currently limited to 12 days a year) for members of the Retired Reserve (and their survivors) who are under 60 years of age and would be eligible for retired pay except that they are under such age.
(Sec. 633) Authorizes the use of 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) and (3), above.
Subtitle E: Other Matters - Makes first payable in March (currently, September) of the following year cost-of-living increases for military retired pay that become effective in 1994 or 1995 (currently, 1994 through 1997).
(Sec. 642) 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).
(Sec. 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.
(Sec. 644) Increases from $100,000 to $200,000 the maximum amount of life insurance coverage under the 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.
(Sec. 645) Terminates SGLI coverage for members of the Ready Reserve who fail to pay the required premiums 120 days after the Secretary concerned transmits to such member a termination notification.
(Sec. 646) Directs the Secretary to report to the Congress on the possible extension to junior noncommissioned officers (pay grades E-5 and 6) the same privileges provided for senior noncommissioned officers (those above E-6), including the privileges to mess (eat) separately and to receive a BAS.
(Sec. 647) Authorizes the payment to survivors of deceased military personnel of all leave accrued but unused.
(Sec. 648) Directs the Secretary to conduct a study to determine the quantitative results of enactment and exercise of the authority of 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 that the person was 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.
(Sec. 649) Provides transitional compensation for dependents of all members (currently, active-duty personnel) separated from service on April 1, 1994, and thereafter for dependent abuse.
Title VII: Health Care - Subtitle A: Health Care Services - Authorizes the provision of authorized medical care and services under CHAMPUS for surviving dependents of Retired Reserve personnel who die before age 60.
(Sec. 702) Authorizes 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 benefits and termination. Authorizes appropriations.
(Sec. 703) Provides under CHAMPUS: (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.
(Sec. 704) Makes permanent (currently ends September 30, 1995) the authority of the Secretary to carry out a specialized treatment facility program.
(Sec. 705) Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make special provisions for the enrollment under Medicare Part B of retired military personnel (and their dependents) who are eligible as covered beneficiaries for CHAMPUS medical and dental care and who are adversely affected by the closure of a military medical treatment facility of DOD pursuant to the closure or realignment of a military installation. Waives the Medicare Part B late enrollment penalty for such individuals.
Subtitle B: TRICARE Program - Requires a military medical facility to provide to the covered beneficiaries enrolled in a health care plan of such facility the same health care benefits as are available to covered beneficiaries in that catchment area under the DOD managed health care program (TRICARE Program). Provides transitional provisions.
(Sec. 713) Expresses the sense of the Senate 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.
(Sec. 714) Directs the Secretary during FY 1996 to carry out a pilot program, in a region in which the TRICARE Program has been implemented, for the provision of wraparound services (individualized mental health services provided in return for payment on a case-by-case basis) 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.
Subtitle C: Uniformed Services Treatment Facilities - Amends the Department of Defense Authorization Act, 1984, to extend through September 30, 1997, the authority of specified Secretaries to terminate the status of certain medical facilities as uniformed services treatment facilities (USTFs).
(Sec. 722) 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).
(Sec. 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.
Subtitle D: Other Changes to Existing Laws Regarding Health Care Management - Makes available for two fiscal years three percent of the funds authorized to be appropriated for a fiscal year for programs and activities carried out under CHAMPUS.
(Sec. 732) Provides the maximum allowable payment to individual health care providers under CHAMPUS, with an exception when necessary to ensure that covered beneficiaries retain adequate access to health care services. Provides transition provisions.
(Sec. 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 effective date of this Act.
(Sec. 734) Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize the use of information contained in the Medicare and Medicaid Data Bank to assist in the identification of, and collection from, third parties responsible for the reimbursement of costs incurred by the United States for health care services furnished to CHAMPUS beneficiaries.
Subtitle E: Other Matters - Authorizes the Board of Regents of the Uniformed Services University of the Health Sciences to establish at the University 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.
(Sec. 742) 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.
(Sec. 743) 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.
(Sec. 744) 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 (and their dependents) 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, former members, and dependents for such illnesses.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Acquisition Reform - Requires funds appropriated for any fiscal year after 1995 that are administratively reserved or committed for satellite on-orbit incentive fees to remain available for obligation until the fee is earned, but only if and to the extent that applicable Federal law is complied with in the reservation and commitment of funds for such purpose.
(Sec. 802) Amends the Office of Federal Procurement Policy Act to require an executive agency to publish for at least ten days in advance a notification of the intent to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000. (Current law has no price limits on such required notification.) Provides that subcontracts for Federal or defense ocean transportation services shall not be included, prior to May 1, 1996, on any Federal Acquisition Regulation list of provisions of law that are inapplicable to subcontracts for the procurement of commercial items.
(Sec. 803) Amends the Federal Acquisition Streamlining Act of 1994 to require 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.
(Sec. 804) 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 or services pursuant to at least three contracts having an aggregate value of at least $5 million.
(Sec. 805) 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 Navy's requirements; 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.
(Sec. 806) Repeals a Federal provision authorizing the Secretary of a military department to delegate certain contracting authority.
(Sec. 807) 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 0, I, and II) decisions.
(Sec. 808) Applies defense procurement requirements to the purchase of supplies used for experimental or test purposes only when such purchases are made in quantity.
(Sec. 809) Repeals a provision requiring certain quality control in the procurement of critical aircraft and ship spare parts.
(Sec. 810) Authorizes funds appropriated to a military department to be used for the acquisition of design and process data.
(Sec. 811) Revises provisions concerning the content of regulations required for independent cost estimates with respect to various phases of major defense acquisition programs.
(Sec. 812) 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.
(Sec. 813) 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.
(Sec. 814) 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).
(Sec. 815) Requires the contracting officer, in Federal agency or defense procurements of commercial items on a noncompetitive basis where the offeror requests to be exempted from the requirements of the submission of certain cost or pricing data, to obtain from such offeror information on the prices at which the same or similar items have been sold in the commercial market.
(Sec. 816) Amends the Office of Federal Procurement Policy Act to: (1) exempt from certain procurement notice requirements a procurement made against an order placed under a task order or delivery order contract; (2) repeal certain duplicative authority concerning simplified acquisition purchases; and (3) allow an employee of an executive agency or a member of the armed forces (currently, a contracting officer) to make purchases of up to $2,500 when such person determines that the purchase price is reasonable.
(Sec. 819) Prohibits any funds authorized to be appropriated under this Act from being obligated for payment on new contracts on which allowable costs charged to the Government include payments for individual compensation at a rate in excess of $250,000. Expresses the sense of the Senate that the Congress should consider extending such restriction permanently.
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.
(Sec. 822) Considers a DOD cable television franchise agreement as a contract for telecommunications services for purposes of part 49 of the FAR.
(Sec. 823) 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.
Title IX: Department of Defense Organization and Management - 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.
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. Directs the Secretary to promptly notify the Congress of each such transfer.
(Sec. 1002) 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.
(Sec. 1003) 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 prior to any such transfers. Requires quarterly reports from the Secretary to such committees concerning Account credits, transfers, and expenditures. Makes such provision inapplicable to the Coast Guard when it is not operating as a service in the Navy. Terminates on October 1, 2003, the authority to transfer funds to the Account, requiring the Account to be closed three years after such date. Requires the Comptroller General to conduct and report to the appropriate congressional committees on two reviews of the administration of the Account.
(Sec. 1004) 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.
(Sec. 1005) Limits to $500,000 the funds authorized to be obligated or expended by the Secretary for emergency and extraordinary expenses until the Secretary has notified the congressional defense committees of the intent to obligate such funds and, in the case of an obligation or expenditure in excess of: (1) $1 million, 15 days have elapsed since the notification; or (2) $500,000, but no more than $1 million, 5 days have elapsed since such notification. Removes the time requirements of (1) and (2), above, when the Secretary determines that the national security objectives will be compromised by such delay. Requires the Secretary to notify such committees when such waiver authority is exercised.
(Sec. 1006) 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.
(Sec. 1007) Directs the Secretary to submit to the congressional defense committees a special report on funding for the reserve components.
Subtitle B: Naval Vessels - 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, 1993. Requires selection of such battleships that are in the best material condition. Requires such Secretary to retain logistical support to maintain the battleships. Terminates this provision when such Secretary notifies the defense committees that the Navy has an operational fire support capability that equals or exceeds that of the Iowa class battleships.
(Sec. 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, Oman, Turkey, 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.
(Sec. 1013) Expresses the sense of the Senate that the Secretary of the Navy should name the: (1) LHD-7 amphibious assault ship the U.S.S. Iwo Jima; and (2) LPD-17 and all future ships of its class after famous Marine Corps battles or heroes.
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. Repeals a provision excluding National Guard personnel performing such activities from annual reserve duty end strength limitations. Allows National Guard personnel to be ordered to perform full-time National Guard duty in support of such activities. Authorizes the governor of a State to request such personnel to perform such duty. Requires the Attorney General of a State to certify that the use of such personnel for such purposes is authorized by, and consistent with, State law, and that it serves an appropriate State law enforcement purpose. Limits to 4000 the number of National Guard personnel performing such activities for a State for a period of more than 180 days. Authorizes the Secretary to increase such limits by not more than 20 percent for any fiscal year if determined necessary for national security purposes.
(Sec. 1022) Prohibits, with an exception, the use of funds made available to DOD for obligations or expenses of the National Drug Intelligence Center, Johnstown, Pennsylvania.
(Sec. 1023) Directs the Secretary to either: (1) procure nonintrusive inspection systems and transfer such systems to the U.S. Customs Service; or (2) transfer funds to the Secretary of the Treasury for such procurement. Earmarks funds authorized under this Act for such purpose.
Subtitle D: 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.
(Sec. 1032) Authorizes the Board of Regents at the University to establish a graduate school of nursing and other programs determined necessary in order to operate the University cost-effectively.
(Sec. 1033) Earmarks funds authorized under this Act to fund basic adult education programs for military personnel (and their dependents) serving outside the United States.
(Sec. 1034) 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.
(Sec. 1035) Changes from December 15 to March 1 annually the due date a reporting requirement of the Secretary with respect to the operation of the DOD educational assistance program.
(Sec. 1036) Expresses the sense of the Congress that the Secretary should ensure that secondary educational institutions on Indian reservations are afforded an equal opportunity with other schools to be selected as locations for the establishment of new Junior ROTC units.
Subtitle E: Cooperative Threat Reduction With States of the Former Soviet Union - Prohibits the obligation of cooperative threat reduction (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.
(Sec. 1043) Withholds $50 million of the funds for CTR programs until the President certifies to the Congress that Russia is in compliance with its obligations under the Biological Weapons Convention.
(Sec. 1044) Limits to $52 million the obligation or expenditure of funds made available for FY 1996 for the dismantlement and destruction of chemical weapons in the States of the former Soviet Union until the President makes certain certifications to the Congress with respect to Russia's proposal and plan for the neutralization of such weapons, as well as the resolution of certain outstanding issues under certain prior bilateral destruction agreements.
Subtitle F: Matters Relating to Other Nations - Authorizes NATO organizations to participate in cooperative R&D projects under the Arms Export Control Act.
(Sec. 1052) 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 the Government to identify such critical items and technologies and exercise effective export control over them. Directs the Secretary to report to specified congressional committees on the effect of such export control policy on U.S. national security interests.
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.
(Sec. 1053) 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 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.
(Sec. 1054) Amends the National Defense Authorization Act for Fiscal Year 1995 with regard to its landmine clearing assistance program to prohibit FY 1996 funds from being used for military personnel involvement in such activities until 30 days after the Secretary certifies to the Congress that such involvement satisfies military training requirements for such personnel. Terminates the authority to provide such assistance as of the end of FY 1996. Provides FY 1996 funding for such program.
(Sec. 1055) States that it shall be the policy of the United States that: (1) the President should ensure that any conventional defense system or technology offered by the United States for sale to NATO nations or major non-NATO allies is concurrently made available to Israel unless the President determines that such would not be in the national security interests; and (2) the President should make available to Israel advanced U.S. technology necessary for achieving continued progress in cooperative U.S.-Israel R&D of theater missile defenses.
(Sec. 1056) Expresses the sense of the Congress that the Secretary of the Navy should take appropriate action to improve the services available to the Navy at the Port of Huffy, Israel, and ensure that increasing commercial activities there does not adversely affect the availability of required services to the Navy there.
(Sec. 1057) 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 purposes, requiring notification to specified congressional committees when exercising such waiver.
(Sec. 1058) Expresses the sense of the Congress supporting international military education and training and other forms of cooperation between U.S. armed forces and the armed forces of countries which are allies with or friendly to the United States. Authorizes the Secretary, upon the recommendation of a commander of a combatant command or the Chairman of the Joint Chiefs of Staff, to pay a portion of the costs of providing international military education and training to military and civilian personnel of foreign countries who perform national defense functions. Provides FY 1996 funding for such activities.
(Sec. 1059) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a limitation with respect to the purchase or construction of American diplomatic facilities in Germany.
(Sec. 1060) Earmarks specified funds authorized under this Act for implementing arms control agreements to which the United States is a party, with a limitation.
(Sec. 1061) Expresses the sense of the Congress that: (1) the President should consult with the Congress regarding any UN peace operations that could involve U.S. combat forces, and should do so before a UN vote on such action is taken; (2) such forces should participate only when it is clearly in the national security interest to do so; (3) in such situations, U.S. combat forces should be under the operational control of qualified commanders; and (4) none of such forces should be under operational control of foreign nationals except in the most extraordinary circumstances.
(Sec. 1062) Expresses the sense of the Senate that: (1) all Americans should be protected from accidental, intentional, or limited ballistic missile attack; and (2) front-line U.S. troops should be protected from such attacks. Earmarks funds authorized under this Act for the Corps SAM-MEADS and boost-phase interceptor (missile defense) programs. Requires the Secretary to conduct a cost-analysis study with respect a theater missile defense system derived from Patriot technologies and report study results to the congressional defense committees. Limits to $10 million (out of $35 million) the obligation of such earmarked funds until study results are submitted.
(Sec. 1063) Amends the Iran-Iraq Arms Non-Proliferation Act of 1992 to provide specified mandatory sanctions against persons or foreign governments who 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.
(Sec. 1064) Directs the Secretary of State to report annually to the Congress with respect to businesses that are, or possibly are, engaged in the export of potentially sensitive or dual-use technologies. Directs the Inspector General of the State Department and Foreign Service to submit to the Congress two reports evaluating the business watch-list screening process during the preceding year. Amends the Foreign Assistance Act of 1961 to direct the President to report annually to the Congress showing the dollar value and quantity of defense articles and services, as well as military education and training, furnished by the United States to each foreign country and international organization.
Subtitle G: Repeal of Certain Reporting Requirements - 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. Excuses DOD from certain reporting requirements of the Joint Committee on Printing regarding printing-related matters.
Subtitle H: Other Matters - 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 or disrupt the system.
(Sec. 1082) Expresses the sense of the Congress that, unless and until the START 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.
(Sec. 1083) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1997 the National Guard Civilian Youth Opportunities pilot program.
(Sec. 1084) Directs the Secretary to report to the defense committees on the status of current and possible continued support of boards and commissions operating within or for DOD.
(Sec. 1085) 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 organization, to develop, manage, and maintain a national science center under this section.
(Sec. 1086) 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.
(Sec. 1087) 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 on or after June 1, 1991.
(Sec. 1088) 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.
(Sec. 1089) Entitles veterans with total disability ratings to travel on military aircraft in the same manner and to the same extent as retired military personnel.
(Sec. 1090) Authorizes the Secretary to transport to Hawaii for medical care children under 18 years old who reside in the Pacific Rim region, are crippled and in need of medical care due to such condition, will be admitted to a medical facility in Honolulu which specializes in providing such care, and are unable to afford the cost of such transportation. Authorizes the Secretary to transport one adult attendant accompanying such child.
(Sec. 1091) Expresses the sense of the Senate that educational institutions 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. Encourages the Secretary to prescribe regulations for determining if and when such an institution has denied such student access.
(Sec. 1092) Requires advance medical directives executed by military personnel eligible for legal assistance to be exempt from legal requirements of State law and given the same legal effect as a directive executed in accordance with State law. Provides that such directives shall not be enforceable in a State that does not otherwise recognize and enforce such directives.
(Sec. 1093) Directs the Secretaries of Defense and Energy to report to specified congressional committees within 30 days after the enactment of this Act on military manpower requirements necessary to implement export controls on certain weapons transfers.
(Sec. 1094) Expresses the sense of the Senate that the Senate Ethics Committee, in the case of Senator Robert Packwood of Oregon, should not deviate from its customary and standard investigative procedure and should provide a full and complete public record of the relevant evidence in such case.
(Sec. 1095) Expresses the sense of the Senate that, in the 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.
(Sec. 1096) 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.
(Sec. 1097) Directs the President to report to the Congress on a review of: (1) U.S. policy on protecting its national information infrastructure against strategic attacks by foreign nations, groups, or individuals; and (2) the future of the National Communications System.
(Sec. 1098) 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 provisions regarding certifications of evidence by the appropriate diplomatic or consular officer, the payment of extradition fees and costs, and the nonapplicability of the Federal Rules of Evidence to persons surrendered for such purposes. Authorizes a U.S. district court to order a person to give testimony or produce a document for use in a criminal investigation conducted in a foreign tribunal prior to formal accusation.
(Sec. 1099) Calls for the President to actively support proposals at the United Nations conference to review the 1980 Conventional Weapons Convention to seek to implement as rapidly as possible the U.S. goal of eventually eliminating antipersonnel landmines. Imposes a U.S. moratorium on the use of such landmines, with certain exceptions, for a one-year period beginning three years after enactment of this Act. Authorizes the President to continue such moratorium if he determines that other nations are implementing similar moratoria. States that the President should actively encourage other nations to join in the U.S. moratorium. Expresses the sense of the Congress that the U.S. Government should not sell, license for export, or otherwise transfer defense articles and services to any foreign government which sells, exports, or otherwise transfers antipersonnel landmines.
(Sec. 1099A) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through October 23, 1997, a pilot outreach program aimed at reducing the demand of youth for illegal drugs.
(Sec. 1099B) Expresses the sense of the Senate 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 Islands by the survivors of the Battle should be provided in a manner that ensures public health and safety on the Islands and the conservation of its natural resources.
(Sec. 1099C) Directs the Secretary to study and report to the Congress on the risk associated with the transportation of the unitary (chemical) stockpile from one location to another within the continental United States.
(Sec. 1099D) Redesignates the Nauticus building in Norfolk, Virginia, as the National Maritime Center.
(Sec. 1099E) Directs the Secretary to submit to the Congress the Joint Chiefs of Staff report on aircraft designated as Operational Support Airlift Aircraft. Directs the Secretary to ensure that the number of flying hours flown in FY 1996 by such aircraft does not exceed 85 percent of the hours flown during FY 1995. Makes available only 50 percent of the funds authorized under this Act for such aircraft until the report is received.
(Sec. 1099F) Expresses the sense of the Senate that the United States and all other parties to the START II Treaty and Chemical Weapons Convention should promptly and fully implement both treaties.
Title XI: Technical and Clerical Amendments - Makes technical and clerical amendments with respect to: (1) the Reserve Officer Personnel Management Act; (2) the Federal Acquisition Streamlining Act of 1994; (3) the Small Business Act; (4) the Federal Property and Administrative Services Act of 1949; (5) the Walsh-Healey Act; (6) the Anti-Kickback Act of 1986; (7) the Office of Federal Procurement Policy Act; and (8) other laws and Federal provisions, including amendments to reflect the redesignation of the House Armed Services Committee as the Committee on National Security.
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 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.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 1992 to reduce the amount authorized to be appropriated under such Act for Army military construction, land acquisition, and family housing functions.
Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amount for a military construction project at the Patuxent River Naval Warfare Center, Maryland.
(Sec. 2206) Amends the Military Construction Authorization Act for Fiscal Year 1993 to: (1) decrease the amount authorized for a military construction project relating to Damneck, Fleet Combat Training Center, Virginia; and (2) authorize, with the use of the funds under (1), above, a military construction project at the Norfolk Naval Base, Virginia. Extends through a conditional date the authorization for the Norfolk project.
(Sec. 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 disposition of the remains contained therein. Authorizes such Secretary to then obtain architectural engineering and design services for the construction of a Marine Corps office and warehouse facility on such property.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army.
(Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1992 to reduce the amount authorized to be appropriated under such Act for Air Force military construction, land acquisition, and family housing projects.
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.
(Sec. 2402) Earmarks funds authorized under this title for crediting to the Department of Defense Housing Improvement Fund to carry out appropriate activities.
(Sec. 2403) Authorizes the Secretary to: (1) improve existing military family housing in a specified amount; and (2) carry out energy conservation projects.
(Sec. 2405) Authorizes appropriations for FY 1996 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized under this title.
(Sec. 2406) Amends the Military Construction Authorization Act for Fiscal Year 1995 to increase the authorized amounts for military construction projects at the Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon.
(Sec. 2407) Reduces the amount authorized to be appropriated for military construction projects for FY 1991 through 1993.
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.
(Sec. 2602) Amends the Military Construction Authorization Act for Fiscal Year 1994 to decrease the amount authorized for FY 1994 for Air National Guard projects.
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 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.
(Sec. 2803) Makes inapplicable to the acquisition of existing family housing in lieu of new construction for military family housing for five years after the enactment of this Act specified Federal provisions which limit by pay grade the net floor area authorized for such housing. Extends permanently (currently expired on September 30, 1994) the authority of the Secretary concerned to waive such net floor area limitations during the acquisition by purchase of military family housing for military personnel in pay grades below O-6.
(Sec. 2805) Waives 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 October 1, 1995.
(Sec. 2806) Increases from: (1) 300 to 450 the number of military family housing units that may be leased in foreign countries for no more than $25,00 per unit per year; and (2) 220 to 350 the number of such units for which such maximum lease amount may be waived for incumbents of special positions or in other special circumstances.
(Sec. 2807) 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.
(Sec. 2808) Revises limitations on cost increases with respect to contracts for the construction of military family housing.
(Sec. 2809) Authorizes the Secretary to convey any military family housing facilities 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 at 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) the deposit of conveyance proceeds into the Department of Defense Military Housing Improvement Fund to be used for construction of new military family housing.
(Sec. 2810) Includes water efficient maintenance within a current DOD energy performance goal and plan.
(Sec. 2811) Authorizes the Secretary concerned to exercise any authority to provide for the acquisition, construction, improvement, or rehabilitation by private persons of: (1) family housing units on or near military installations within the United States and its territories and possessions; and (2) unaccompanied 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 and 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 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 family 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 Housing Improvement Fund and provides credits to the Fund. Requires such funds to be used for such military housing activities.
Limits to $1 billion the total value in budget authority of all contracts, agreements, and investments undertaken under these provisions for such military housing activities.
Requires the Secretary to report: (1) to appropriate congressional committees on each contract or agreement entered into for such military housing activities; and (2) annually in conjunction with the budget submission by the President on the use of authorities provided under these provisions. Terminates five years after the enactment of this Act the authority to enter into any transaction for such military housing activities. Requires a final report from the Secretary to the congressional defense committees no later than March 1, 2000.
(Sec. 2812) Makes permanent (currently ends on September 30, 1995) 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 purposes.
(Sec. 2813) Authorizes the use of DOD funds for the construction of school facilities under the Elementary and Secondary Education Act of 1965.
Subtitle B: Defense Base Closure and Realignment - 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.
(Sec. 2822) Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 (the base closure laws) to authorize the Secretary to enter into any type of agreement (currently, to contract) for the provision of community services at installations being closed or realigned.
(Sec. 2823) Amends the Defense Base Closure and Realignment Act of 1990 to authorize the use during FY 1996 of funds in the Defense Environmental Restoration Account for environmental restoration at installations approved for closure or realignment under such Act.
(Sec. 2824) 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.
(Sec. 2825) Amends the Defense Base Closure and Realignment Act of 1990 to: (1) authorize the Secretary to transfer 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 chief executive officer of each State in which a military installation is about to be closed or realigned under a base closure law to assist in resolving any disputes as to the individuals and groups constituting the redevelopment authority (RA) for the installation; (3) authorize the Secretary (currently, only the Secretary of Housing and Urban Development) to receive revised installation redevelopment plans; (4) require the Secretary to follow certain environmental procedures during such closure or realignment; (5) 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; (6) authorize the Secretary to transfer real property at an installation approved for closure or realignment to the 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; and (7) allow the Federal department or agency to use funds appropriated to it to improve the leased property.
(Sec. 2829) Provides for the deposit in base closure accounts of moneys received from rentals of property at installations closed or realigned under a base closure law.
(Sec. 2830) 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.
(Sec. 2830A) 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.
(Sec. 2830B) Provides the scope of any environmental impact analysis necessary to support an interim lease of property approved for closure or realignment. States that such leases shall not prejudice the final property disposal decision.
(Sec. 2830C) 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 provide hospital services for the Aurora and Denver, Colorado area. Requires a report.
Subtitle C: Land 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 of equivalent fair market value in order to receive such property.
(Sec. 2832) Authorizes the Secretary of the Navy to enter into an agreement with the Port Authority of Mississippi under which the Port Authority may use up to 50 acres of real property and related facilities at the Naval Construction Battalion Center, Gulfport, Mississippi. Outlines agreement terms, restrictions, and limitations, including the requirement that use of such property must be consistent with Navy operations at the Center. Requires congressional notification 21 days before entering into such an agreement. Authorizes such Secretary to use proceeds received from the fair rental value of such property for general administrative costs at the Center.
(Sec. 2833) Authorizes the Secretary of the Navy 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) Blackstone, Virginia, a water treatment plant at Fort Pickett, Virginia; (4) the Southern California Edison Company the electric power distribution system at Fort Irwin, California; and (5) the Weyerhaeuser Real Estate Company, Washington, a specified portion of real property at Fort Lewis, Washington (requiring a land exchange from Weyerhaeuser as part of such conveyance).
(Sec. 2838) Authorizes the Secretary of the: (1) 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; (2) 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; (3) 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; (4) Navy to convey to a transferee to be selected certain real property at Fort Sheridan, Illinois, which served as Navy housing facilities; (5) Army to convey to a transferee to be selected certain real property at Fort Sheridan comprising an Army Reserve area; (6) Navy to convey to the Port of Stockton, California, certain real property at the Naval Communications Station in Stockton; and (7) Army to convey to Gainesville, Georgia, certain real property located on Shallowford Road in Gainesville.
(Sec. 2841) Directs the Secretary to report to the Congress describing the plans to dispose of certain real property at the Fort Ord Military Complex in California.
(Sec. 2845) Authorizes the Administrator of General Services to convey to Rolla, North Dakota, certain real property comprising the William Langer Jewel Bearing Plant in Rolla.
Subtitle D: Transfer of Jurisdiction and Establishment of Midewin National Tallgrass Prairie - Illinois Land Conservation Act of 1995 - Directs the Secretary of Agriculture (Secretary, for purposes of this Subtitle) to establish the Midewin National Tallgrass Prairie (MNTP) to consist of portions of the Joliet Army Ammunition Plant (Arsenal) in Illinois and to be managed as part of the National Forest System.
(Sec. 2853) Sets forth provisions regarding: (1) roads, utility rights-of-way, and access within the MNTP; (2) agricultural leases and special use authorizations; (3) user fees; (4) salvage of improvements; (5) treatment of user fees and salvage receipts; and (6) cooperation with States, local governments, and other entities.
(Sec. 2854) Authorizes the Secretary of the Army to transfer the Arsenal property constituting the MNTP, without reimbursement, to the Secretary. Permits the transfer of portions only for which no further action is required under environmental laws and that have been eliminated from the areas to be studied further pursuant to the Defense Environmental Restoration Program for the Arsenal.
Directs the Secretary of the Army to retain jurisdiction, authority, and control over real property that is used for: (1) water treatment; (2) the treatment, storage, or disposal of hazardous substances or petroleum products or derivatives; and (3) response purposes or actions required under environmental laws to remediate contamination or noncompliance.
(Sec. 2855) Authorizes the Secretary of the Army to convey certain Arsenal property to: (1) the Department of Veterans Affairs for use as a national cemetery; (2) Will County, Illinois, for use as a landfill; and (3) the village of Elwood and the city of Wilmington, Illinois, for use as industrial parks. Provides that the use of such landfill by Federal agencies or additional acreage added for purposes of accommodating the disposal of materials from the restoration of the Arsenal shall be at no cost to the Federal Government. Requires such property to revert to the Secretary for inclusion in the MNTP if the property is not operated as a landfill. Provides for the conveyance of specified other Arsenal property to be added to the MNP subject to the Secretary's acceptance.
(Sec. 2856) Directs the Secretary of the Army, with respect to the real property at the Arsenal to be transferred, to complete all remedial, response, or other actions required under any environmental law before carrying out such transfers. Requires the Secretary of the Army to retain any obligation or liability at the Arsenal as required under CERCLA and other environmental laws.
Subtitle E: Other Matters - Directs the Secretary of Defense to carry out the Department of Defense Laboratory Revitalization Demonstration Program under which the Secretary may carry out minor military construction projects in order to improve DOD laboratories. Increases the maximum costs 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, 1999.
(Sec. 2862) Prohibits the Secretary of the Navy from entering into any agreement that provides for or permits civil aircraft to regularly use Miramar Naval Air Station, California.
(Sec. 2863) Directs the Secretary of the Army to report to the defense committees on the status of negotiations on an agreement relating to a land conveyance at Fort Belvoir, Virginia, as required under the Military Construction Authorization Act for Fiscal Year 1990 and 1991.
(Sec. 2864) 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.
(Sec. 2865) Directs the Secretary to take necessary action to reduce the total cost of the renovation of the Pentagon Reservation to no more than $1.118 billion.
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; (4) defense nuclear waste disposal; and (5) the payment of penalties to the Hazardous Substances Superfund assessed against the Rocky Flats, Colorado, nuclear site.
(Sec. 3106) Amends various sections and provisions of the Department of Energy Organization Act, the Energy Research and Development Administration Appropriation Authorization Act for Fiscal Year 1977, and the Energy Policy and Conservation Act to remove certain conflict-of-interest prohibitions and requirements with respect to DOE supervisory employees.
(Sec. 3107) Expresses the sense of the Congress that: (1) no individual acting within their scope of employment with a Federal department or agency shall be personally 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 appropriate congressional committees should examine and address such personal liability issue.
(Sec. 3108) States that the hydronuclear provisions of this Act shall not be construed as: (1) an authorization to conduct hydronuclear tests; or (2) amending or repealing certain limitations on conducting tests of a nuclear explosive device.
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.
(Sec. 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).
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires 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 exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the 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 - Earmarks specified funds authorized under this title for ensuring an adequate production of tritium by DOE. Directs the Secretary to locate the new DOE tritium production facility at the Savannah River Site, South Carolina. Earmarks authorized DOE funds for the Idaho National Engineering Laboratory for the test and development of nuclear reactor tritium targets.
(Sec. 3132) Earmarks specified funds authorized under this title for certain fissile materials disposition activities, further earmarking a specified amount of such funds for plutonium resource assessment.
(Sec. 3133) Authorizes specified tritium-related activities to be carried out at the Savannah River Site, South Carolina, and the Los Alamos National Laboratory.
(Sec. 3134) Directs the Secretary to carry out a program for establishing within the Government a manufacturing infrastructure possessing specified required capabilities. Provides funding.
(Sec. 3135) Earmarks funds authorized under this title for hydronuclear experiments at the Nevada Test Site.
(Sec. 3136) 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.
(Sec. 3137) Directs the Secretary to conduct an education program to ensure the long-term supply of personnel having skills critical to the ongoing mission of the DOE nuclear weapons complex. Provides funding.
(Sec. 3138) Prohibits the use of FY 1996 DOE funds for specified research and education purposes.
(Sec. 3139) Earmarks funds authorized under this title for: (1) electrometallurgical processing activities at the Idaho National Engineering Laboratory; (2) the processing of spent nuclear fuel rods at the Savannah River Site and the Idaho National Engineering Laboratory; and (3) the DOE Declassification Productivity Initiative.
(Sec. 3141) Authorizes the Secretary to reprogram funds available to DOE for FY 1996 for activities related to the disposition of spent nuclear fuel in the Democratic People's Republic of Korea. Limits to $5 million the total amount authorized to be reprogrammed.
(Sec. 3142) Earmarks funds authorized under this title for activities relating to worker protection at DOE nuclear weapons facilities.
Subtitle D: Review of Department of Energy National Security Programs - Directs the Secretary of Defense to submit to the congressional defense committees a report on the DOE national security programs.
Subtitle E: Other Matters - 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.
(Sec. 3162) Provides the requirements for DOE weapons activities budgets for fiscal years after 1996.
(Sec. 3163) Directs the President to submit to the congressional defense committees a report on any presidential plans to purchase tritium from foreign suppliers for nuclear weapons stockpile purposes.
(Sec. 3164) Requires the Secretary to direct the joint preparation by the Lawrence Livermore and Los Alamos National Laboratories of a report on permitting alternative limits to limits on the explosive yield of hydronuclear tests. Provides funding. (Sec. 3165) Directs the Secretary to submit annually to the Secretary of Defense a plan for maintaining the enduring nuclear weapons stockpile. Outlines plan elements.
(Sec. 3166) 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; (4) extend through June 30, 1997, the contract authorizing such payments; and (5) revise the effective dates of such contracts.
(Sec. 3167) Expresses the sense of the Senate that the Secretaries of Defense and Energy and the Governor of Idaho should continue good faith negotiations toward reaching an agreement on the issue of shipments of spent nuclear fuel from naval reactors. Requires a report.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1996 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: Naval Petroleum Reserves - 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 three 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, after following the recommendations of an independent petroleum engineer or using other appropriate methods. 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. Reserves seven percent of the sale proceeds from the Elk Hills unit for the resolution of all claims against the United States by California with respect to the production of, and proceeds of petroleum sales from, the Elk Hills unit. 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 defense committees of the proposed sale. Provides that, if the Secretary receives only one offer for the sale of Elk Hills, then the Secretary may not enter into a sale contract unless: (1) the Secretary notifies the Congress that only one offer was received, together with its conditions; and (2) a joint resolution approving such sale is enacted within 45 days after such notification. Provides joint resolution procedures. Requires the Comptroller General to monitor the Secretary's actions with regard to the sale of the reserve and to submit an oversight report to the defense committees. Authorizes the Secretary to enter into contracts for the acquisition of necessary services in connection with such sale. Allows the Secretary to reconsider the sale process, after due notification to the defense committees. Requires passage of a new joint resolution after such reconsideration before a sale may occur. Authorizes appropriations for carrying out the sale of the Elk Hills unit.
(Sec. 3302) Directs the Secretary to study and report to the Congress on the most cost-effective option to maximize the value of the naval petroleum reserves to or for the United States. Requires the implementation of study recommendations.
Title XXXIV: National Defense Stockpile - 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.
(Sec. 3402) Authorizes the President, subject to a specified condition, to dispose of certain obsolete and excess materials currently contained in the NDS.
(Sec. 3403) Directs the President, in entering into agreements for the disposal from the NDS of chromite and manganese ores of metallurgical grade or chromium ferro and manganese metal electrolytic, to give a right of first refusal to domestic ferroalloy upgraders.
(Sec. 3404) 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 all manganese ferro not meeting such specification to be sold only for remelting by a domestic ferroalloy producer.
(Sec. 3405) 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 XXXV: Panama Canal Commission - 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.
Division D: Information Technology Management Reform - Information Technology Management Reform Act of 1995 - Sets forth findings, purposes, and definitions.
Title XLI(sic): Responsibility for Acquisitions of Information Technology - Subtitle A: General Authority - Grants Federal agency heads direct authority to conduct acquisitions of information technology pursuant to their respective authorities.
(Sec. 4102) Repeals the Brooks Automatic Data Processing Act.
Subtitle B: Director of the Office of Management and Budget - Terminates the provisions of this subtitle on September 30, 2001, after which the Director of the Office of Management and Budget (OMB) may continue to comply with its provisions.
Details specific responsibilities of the OMB Director with respect to the acquisition, use, and disposal of information technology, especially as it relates to the capital investment in, and investment control over, such technology. Requires the Director to: (1) encourage performance- and results-based management in fulfilling such responsibilities; and (2) promote the integration of information technology management with the broader information resource management processes in the Federal agencies.
Subtitle C: Executive Agencies - Terminates the provisions of this subtitle on September 30, 2001, after which the heads of each executive agency may continue to comply with its provisions. Requires such agency heads, in fulfilling their responsibilities with regard to capital investment in, and investment control over, information technology, to design and apply in such agency a process for maximizing the value, and assessing and managing the risks, of the information technology acquisitions of the agency. Outlines requirements for such process. Requires such agency heads to encourage performance- and results-based management in fulfilling their responsibilities. Provides specific authority for each agency head with respect to information technology acquisitions.
(Sec. 4135) Designates within each agency a chief information officer (currently, a senior official) to: (1) provide advice and other assistance to ensure that information technology is acquired and information resources are managed according to priorities established by the agency head; (2) develop, maintain, and facilitate the implementation of a sound and integrated information architecture for an agency; and (3) promote the effective and efficient design and operation of all major information resources management processes, including work process improvements. Outlines other duties and qualifications of such chief information officer (CIO).
(Sec. 4136) Requires the head of each agency to take specified action to ensure the financial accountability of such agency with respect to mission-related processes. Outlines additional requirements for information resources management plans currently required of each agency. Requires the agency head to periodically evaluate and update the information contained in such plan.
(Sec. 4137) Requires each agency to include in such plan a justification for the continuation of any major information technology acquisition program that has significantly deviated from established cost, performance, or schedule baselines.
(Sec. 4138) Authorizes the heads of multiple executive agencies to utilize specified funds to support the activities of the Chief Information Officers Council and related groups established under this Act.
Subtitle D: Chief Information Officers Council - Establishes a Chief Information Officers Council to meet periodically to advise and coordinate executive agencies' activities relating to information technology and information resources management. Outlines specified Council duties.
Subtitle E: Interagency Functional Groups - Authorizes the President to direct the establishment of one or more interagency functional groups to: (1) examine areas that would benefit from a Government-wide or multiagency perspective; (2) promote agency cooperation; and (3) submit to the Council proposed solutions to problems. Authorizes the OMB Director to establish special advisory groups to the functional groups.
Subtitle F: Other Responsibilities - Directs the Secretary of Commerce to promulgate standards and guidelines pertaining to Federal computer systems, making such standards compulsory and binding to the extent determined necessary to improve the efficiency of operation or security and privacy of such systems. Authorizes the President to disapprove or modify such standards. Authorizes an agency head to adopt stricter standards. Authorizes the waiver, in limited circumstances, of standards determined to be compulsory and binding.
Subtitle G: Sense of Congress - Expresses the sense of the Congress that over the next five years executive agencies should achieve at least a five percent annual decrease in costs incurred for operating and maintaining information technology, as well as a five percent annual increase in the efficiency of agency operations, by reason of improvements in that agency's information resources management.
Title XLII: Process for Acquisitions of Information Technology - Subtitle A: Procedures - Requires the OMB Director to issue guidance, including performance measurements and requirements, to be used in conducting information technology acquisitions. Requires the process used to be simple, clear, and specific in addressing the management of risk.
(Sec. 4202) Amends the Federal Property and Administrative Services Act of 1949 to provide that an executive agency's need for a major system of information technology should be satisfied in successive acquisitions of interoperable increments pursuant to this section. Authorizes the division of a major system of information technology into smaller acquisition increments. Provides identical incremental acquisition requirements for DOD.
(Sec. 4203) Amends the above Act to require the head of an executive agency, in awarding contracts for the procurement of information technology, to award at least two task or delivery order contracts for the same or similar information technology services or property unless the agency determines such award to not be in the best interests of the United States. Provides identical requirements for DOD acquisitions.
Subtitle B: Acquisition Management - Requires each agency head to ensure that agency personnel involved in an acquisition of information technology have the experience, skills, and knowledge necessary to carry out such acquisition completely.
(Sec. 4222) Expresses the sense of the Congress that the OMB Director, agency heads, and inspectors general of such agencies, in performing information technology acquisitions oversight, should emphasize reviews of operational justifications, program results, and technology performance measures rather than reviews of the acquisition process.
Title XLIII: Information Technology Acquisition Pilot Programs - Subtitle A: Conduct of Pilot Programs - Authorizes the Administrator for Federal Procurement Policy (FPP) to conduct pilot programs to test alternative approaches to the acquisition of information technology and other information resources by executive agencies. Outlines pilot program procedures.
(Sec. 4302) Directs the head of each agency conducting a pilot program to establish measurable criteria for evaluating the effects of the procedures or techniques tested under the program. Requires a test plan for each pilot program to be submitted to specified congressional committees before the pilot program may be conducted. Directs the FPP Administrator to: (1) report to the OMB Director on results and findings under the pilot program; and (2) provide a copy of such report to specified congressional committees.
(Sec. 4304) Requires the OMB Director to recommend necessary legislation for information technology acquisition reform if found necessary in a pilot program.
Subtitle B: Specific Pilot Programs - Authorizes the FPP Administrator to allow agencies to carry out a pilot program under which such agencies contract with a private source to provide the Government with an information technology solution for improving mission-related or administrative processes of the Federal Government.
(Sec. 4322) Authorizes the FPP Administrator to allow agencies to carry out a pilot program to test the feasibility of using solutions- based contracting for the acquisition of information technology. Directs the Administrator to: (1) require the use of a specified process for acquisitions under the pilot program; and (2) establish a joint working group of Government personnel and representatives of the information technology industry to design a plan for conduct of the pilot program. Outlines plan contents. Requires the use of experienced Government personnel in carrying out the performance phases in an acquisition under the pilot program. Requires pilot program monitoring, as well as periodic reports to the Congress, by the Comptroller General.
Title XLIV: Other Information Resources Management Reform - Directs the Administrator of General Services to establish a program for development and implementation of a system to provide Government- wide, on-line computer access to information on information technology products and services that are available for ordering through multiple award schedules. Outlines system requirements. Requires such Administrator to certify to the Congress that a system has been implemented which is in place and accessible to at least 90 percent of its potential users in Federal departments and agencies. Requires the Administrator, within 90 days after such certification, to establish a pilot program to test streamlined procedures for the procurement of information technology products and services available for ordering through the multiple award schedules. Requires the Comptroller General, within three years after the establishment of the pilot program, to review the program and report program results to specified congressional committees. Terminates, unless reauthorized by the Congress, the authority of the Administrator to award contracts under the pilot program four years after its establishment.
(Sec. 4402) Provides for Federal agency disposal of excess computer equipment to the following, in order of priority: (1) elementary and secondary education schools under the jurisdiction of a local educational agency and schools funded by the Bureau of Indian Affairs; (2) public libraries; and (3) public colleges and universities.
(Sec. 4403) Directs the Comptroller General to perform a comparative analysis of alternative means of financing the acquisition of information technology.
Title XLV: Procurement Protest Authority of the Comptroller General - Revises the procurement protest process under current law. Empowers the Comptroller General with exclusive administrative authority to resolve such protests.
Title XLVI: Related Terminations, Conforming Amendments, and Clerical Amendments - Subtitle A: Conforming Amendments - Makes various conforming amendments related to changes made under this Division.
Subtitle B: Clerical Amendment - Makes a clerical amendment related to the naming of a chief information officer under this Division.
Title XLVII: Savings Provisions - Sets forth applicable savings provisions for certain acquisition-related regulations, instruments, rights, privileges, proceedings, and applications in effect or pending before the effective date of this Division.
Title XLVIII: Effective Dates - Makes this Act effective 180 days after it is enacted.