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104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-136
_______________________________________________________________________
PROVIDING FOR THE CONSIDERATION OF H.R. 1530, THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 1996
_______
June 8, 1995.--Referred to the House Calendar and ordered to be printed
_______________________________________________________________________
Mr. Solomon, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 164]
The Committee on Rules, having had under consideration
House Resolution 164, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
brief summary of provisions of resolution
The resolution provides for the consideration of H.R. 1530,
the ``National Defense Authorization Act,'' under a structured
rule. The rule waives all points of order against the bill and
provides two hours of general debate divided equally between
the chairman and ranking minority member of the Committee on
National Security.
The rule makes in order the National Security committee
amendment in the nature of a substitute, as modified by
striking section 807 (recoupment), and by an amendment printed
in part 3 of the report on this rule (dealing with the Elk
Hills Naval Petroleum Reserve), as original text for amendment
purposes. The substitute shall be considered as read. The rule
waives all points of order against the substitute.
Unless otherwise specified in the rule, the rule makes in
order only amendments printed in the Rules Committee report,
certain amendments en bloc, and pro forma amendments offered by
the chairman and ranking minority member of the National
Security Committee. Except as otherwise specified in the rule,
the amendments shall be considered in the order and manner
specified in the report. The rule provides that amendments
printed in Part 2 of the report shall be debatable for 10-
minutes each, equally divided and controlled by the proponent
and opponent. The amendments shall be considered as read and
are not subject to amendment unless otherwise specified in the
report, and are not subject to a demand for a division of the
question in the House or Committee of the Whole. The rule
waives all points of order against the amendments printed in
the report. The rule provides for an extra 30-minutes of
general debate on Cooperative Threat Reduction with the former
Soviet Union (Part 1, subpart A); and, an extra 60-minutes of
general debate on ballistic missile defense (Part 1, subpart
D).
The rule provides that Rep. Clinger may offer a germane
modification to his amendment on acquisition reform with the
concurrence of Rep. Collins of Illinois.
The chairman of the National Security Committee or his
designee is authorized to offer amendments en bloc consisting
of amendments in part 2 of the report or germane modifications
thereto, which shall be considered as read except that
modifications shall be reported, and which shall not be subject
to amendment or a division of the question in the House or
Committee of the Whole, and which shall be debatable for 20-
minutes. The rule waives all points of order against the en
bloc amendments.
The rule authorizes the Chairman of the Committee of the
Whole to postpone consideration of a request for a recorded
vote on any amendment and to reduce to 5-minutes the time for
voting after the first of a series of votes.
The Chairman of the Committee of the Whole is also
authorized to recognize for consideration of any amendment
printed in the report out of the order in which printed but not
sooner than one hour after the chairman of the National
Security Committee or a designee announces from the floor a
request to that effect.
The rule authorizes the chairman of the National Security
Committee to offer an amendment not printed in the report to
reconcile spending levels of bill with the final defense
spending level contained in the conference report on the budget
resolution, which shall be considered as read, shall not be
subject to amendment or to a demand for a division of the
question, and which shall be debatable for 10-minutes equally
divided between the chairman and ranking minority member of the
National Security Committee.
Finally, the rule provides for one motion to recommit, with
or without instructions.
committee votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
Rules Committee rollcall No. 147
Date: June 8, 1995.
Measure: Rule for the consideration of H.R. 1530, National
Defense Authorization Act.
Motion By: Mr. Moakley.
Summary of Motion: Make in order Schroeder amendment No. 48
providing for a 4 percent across-the-board reduction in the
funding levels in the bill.
Results: Rejected, 4 to 8.
Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; Waldholtz--Nay;
Moakley--Yea; Beilenson--Yea; Frost--Yea; Hall--Yea; Solomon--
Nay.
Rules Committee rollcall No. 148
Date: June 8, 1995.
Measure: Rule for consideration of H.R. 1530, National
Defense Authorization Act.
Motion By: Mr. Hall.
Summary of Motion: Make in order Evans amendment No. 82 to
restore $282 million for the Department of Energy's
environmental restoration and waste management programs.
Results: Rejected, 4 to 8.
Vote by Member: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; Waldholtz--Nay;
Moakley--Yea; Beilenson--Yea; Frost--Yea; Hall--Yea; Solomon--
Nay.
Rules Committee rollcall No. 149
Date: June 8, 1995.
Measure: Rule for consideration of H.R. 1530, National
Defense Authorization Act.
Motion By: Mr. Goss.
Summary of Motion: To report the rule.
Results: Adopted, 8 to 4.
Vote by Member: Quillen--Yea; Dreier--Yea; Goss--Yea;
Linder--Yea; Pryce--Yea; Diaz-Balart--Yea; Waldholtz--Yea;
Moakley--Nay; Beilenson--Nay; Frost--Nay; Hall--Nay; Solomon--
Yea.
PART 1
Subpart A: The B-2
1. An Amendment To Be Offered by Representative Kasich of Ohio or a
Designee, Debatable for 60 Minutes
Strike out section 141 (page 21, lines 2 through 15) and
insert in lieu thereof the following:
SEC. 141. LIMITATION ON AIRCRAFT PROCUREMENT FUNDING.
The amount provided in section 103 for procurement of
aircraft for the Air Force is hereby reduced by $553,000,000.
None of the amount appropriated pursuant to authorization of
appropriations in section 103 may be obligated for procurement
of long-lead items for procurement of B-2 aircraft beyond the
20 deployable aircraft and one test aircraft authorized by law
before the date of the enactment of this Act.
----------
Subpart B: Cooperative Threat Reduction With the Former Soviet Union
1. An Amendment To Be Offered by Representative Dornan of California or
a Designee, Debatable for 10 Minutes
At the end of title XI (page 383, after line 9), insert the
following new section:
SEC. 1108. LIMITATION ON COOPERATIVE THREAT REDUCING PROGRAM RELATING
TO OFFENSIVE BIOLOGICAL WEAPONS PROGRAM IN RUSSIA.
None of the funds appropriated pursuant to the
authorization in section 301 for Cooperative Threat Reduction
programs may be obligated or expended for programs or
activities with Russia unless and until the President submits
to Congress a certification in writing that Russia has
terminated its offensive biological weapons program.
----------
2. An Amendment To Be Offered by Representative Hamilton of Indiana or
a Designee, Debatable for 10 Minutes
Strike section 1105.
Redesignate section 1106 and 1107 as sections 1105 and 1106
respectively.
----------
Subpart C: Acquisition Reform
1. An Amendment To Be Offered by Representative Clinger of Pennsylvania
or a Designee, Debatable for 40 Minutes
After the heading for title VIII (page 323, after line 15),
insert the following (and conform the table of contents
accordingly):
Subtitle A--Competition
SEC. 801. IMPROVEMENT OF COMPETITION REQUIREMENTS.
(a) Armed Services Acquisitions.--(1) Section 2304 of title
10, United States Code, is amended to read as follows:
``Sec. 2304. Contracts: competition requirements
``(a) Maximum Practicable Competition.--Except as provided in
subsections (b), (c), and (e) and except in the case of
procurement procedures otherwise expressly authorized by
statute, the head of an agency in conducting a procurement for
property or services--
``(1) shall obtain maximum practicable competition
through the use of competitive procedures consistent
with the need to efficiently fulfill the Government's
requirements in accordance with this chapter and the
Federal Acquisition Regulation; and
``(2) shall use the competitive procedure or
combination of competitive procedures that is best
suited under the circumstances of the procurement.
``(b) Exclusion of Particular Source.--The head of an agency
may provide for the procurement of property or services covered
by this chapter using competitive procedures but excluding a
particular source in order to establish or maintain an
alternative source or sources of supply for that property or
service. The Federal Acquisition Regulation shall set forth the
circumstances under which a particular source may be excluded
pursuant to this subsection.
``(c) Exclusion of Concerns Other Than Small Business
Concerns and Certain Other Entities.--The head of an agency may
provide for the procurement of property or services covered by
this section using competitive procedures, but excluding
concerns other than small business concerns in furtherance of
sections 9 and 15 of the Small Business Act (15 U.S.C. 638,
644) and concerns other than small business concerns,
historically Black colleges and universities, and minority
institutions in furtherance of section 2323 of this title.
``(d) Procedures Other Than Competitive Procedures.--
Procedures other than competitive procedures may be used for
purchasing property and services only when the use of
competitive procedures is not feasible or appropriate. Each
procurement using procedures other than competitive procedures
(other than a procurement for commercial items or a procurement
in an amount not greater than the simplified acquisition
threshold) shall be justified in writing and approved in
accordance with the Federal Acquisition Regulation.
``(e) Simplified Procedures.--(1) In order to promote
efficiency and economy in contracting and to avoid unnecessary
burdens for agencies and contractors, the Federal Acquisition
Regulation shall provide for special simplified procedures for
purchases of property and services for amounts not greater than
the simplified acquisition threshold.
``(2) A proposed purchase or contract for an amount above the
simplified acquisition threshold may not be divided into
several purchases or contracts for lesser amounts in order to
use the simplified procedures required by paragraph (1).
``(3) In using simplified procedures, the head of an agency
shall ensure that competition is obtained to the extent
practicable consistent with the particular Government
requirement.
``(f) Certain Contracts.--For the purposes of the following
laws, purchases or contracts awarded after using procedures
other than sealed-bid procedures shall be treated as if they
were made with sealed-bid procedures:
``(1) The Walsh-Healey Act (41 U.S.C. 35-45).
``(2) The Act entitled `An Act relating to the rate
of wages for laborers and mechanics employed on public
buildings of the United States and the District of
Columbia by contractors and subcontractors, and for
other purposes', approved March 3, 1931 (commonly
referred to as the `Davis-Bacon Act') (40 U.S.C. 276a-
276a-5).''.
(2) Chapter 137 of title 10, United States Code, is amended
by inserting before section 2305 a new section--
(A) the designation and heading for which is as
follows:
``Sec. 2304f. Merit-based selection''; and
(B) the text of which consists of subsection (j) of
section 2304 of such title, as in effect on the day
before the date of the enactment of this Act,
modified--
(i) by striking out the subsection
designation and the subsection heading;
(ii) in paragraphs (2)(A), (3), and (4), by
striking out ``subsection'' and inserting in
lieu thereof ``section'' each place it appears;
(iii) in paragraph (2)(C), by striking out
``paragraph (1)'' and inserting in lieu thereof
``subsection (a)'';
(iv) by redesignating paragraphs (1), (2),
(3), and (4) as subsections (a), (b), (c), and
(d), respectively; and
(v) in subsection (b) (as so redesignated),
by redesignating subparagraphs (A), (B), and
(C) as paragraphs (1), (2), and (3),
respectively.
(3) The table of sections at the beginning of such chapter is
amended by inserting before the item relating section 2305 the
following new item:
``2304f. Merit-based selection.''.
(b) Civilian Agency Acquisitions.--(1) Section 303 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253) is amended to read as follows:
``SEC. 303. CONTRACTS: COMPETITION REQUIREMENTS.
``(a) Maximum Practicable Competition.--Except as provided in
subsections (b), (c), and (e) and except in the case of
procurement procedures otherwise expressly authorized by
statute, an executive agency in conducting a procurement for
property or services--
``(1) shall obtain maximum practicable competition
through the use of competitive procedures consistent
with the need to efficiently fulfill the Government's
requirements in accordance with this chapter and the
Federal Acquisition Regulation; and
``(2) shall use the competitive procedure or
combination of competitive procedures that is best
suited under the circumstances of the procurement.
``(b) Exclusion of Particular Source.--An executive agency
may provide for the procurement of property or services covered
by this chapter using competitive procedures but excluding a
particular source in order to establish or maintain an
alternative source or sources of supply for that property or
service. The Federal Acquisition Regulation shall set forth the
circumstances under which a particular source may be excluded
pursuant to this subsection.
``(c) Exclusion of Concerns Other Than Small Business
Concerns and Certain Other Entities.--An executive agency may
provide for the procurement of property or services covered by
this section using competitive procedures, but excluding
concerns other than small business concerns in furtherance of
sections 9 and 15 of the Small Business Act (15 U.S.C. 638,
644) and concerns other than small business concerns,
historically Black colleges and universities, and minority
institutions in furtherance of section 7102 of the Federal
Acquisition Streamlining Act of 1994 (15 U.S.C. 644 note).
``(d) Procedures Other Than Competitive Procedures.--
Procedures other than competitive procedures may be used for
purchasing property and services only when the use of
competitive procedures is not feasible or appropriate. Each
procurement using procedures other than competitive procedures
(other than a procurement for commercial items or a procurement
in an amount not greater than the simplified acquisition
threshold) shall be justified in writing and approved in
accordance with the Federal Acquisition Regulation.
``(e) Simplified Procedures.--(1) In order to promote
efficiency and economy in contracting and to avoid unnecessary
burdens for agencies and contractors, the Federal Acquisition
Regulation shall provide for special simplified procedures for
purchases of property and services for amounts not greater than
the simplified acquisition threshold.
``(2)(A) The Administrator of General Services shall
prescribe regulations that provide special simplified
procedures for acquisitions of leasehold interests in real
property at rental rates that do not exceed the simplified
acquisition threshold.
``(B) For purposes of subparagraph (A), the rental rate or
rates under a multiyear lease do not exceed the simplified
acquisition threshold if the average annual amount of the rent
payable for the period of the lease does not exceed the
simplified acquisition threshold.
``(3) A proposed purchase or contract or for an amount above
the simplified acquisition threshold may not be divided into
several purchases or contracts for lesser amounts in order to
use the simplified procedures required by paragraph (1).
``(4) In using simplified procedures, an executive agency
shall ensure that competition is obtained to the extent
practicable consistent with the particular Government
requirement.''.
(2) Title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by
inserting after section 303L a new section--
(A) the designation and heading for which is as
follows:
``SEC. 303M. MERIT-BASED SELECTION.''; and
(B) the text of which consists of subsection (h) of
section 303 of such Act, as in effect on the day before
the date of the enactment of this Act, modified--
(i) by striking out the subsection
designation and the subsection heading;
(ii) in paragraphs (2)(A), (3), and (4), by
striking out ``subsection'' and inserting in
lieu thereof ``section'' each place it appears;
(iii) in paragraph (2)(C), by striking out
``paragraph (1)'' and inserting in lieu thereof
``subsection (a)'';
(iv) by redesignating paragraphs (1), (2),
(3), and (4) as subsections (a), (b), (c), and
(d), respectively; and
(v) in subsection (b) (as so redesignated),
by redesignating subparagraphs (A), (B), and
(C) as paragraphs (1), (2), and (3),
respectively.
(3) The table of contents for the Federal Property and
Administrative Services Act of 1949 (contained in section 1(b))
is amended--
(A) by striking out the item relating to section 303
and inserting in lieu thereof the following:
``Sec. 303. Contracts: competition requirements.''; and
(B) by inserting after the item relating to section
303L the following new item:
``Sec. 303M. Merit-based selection.''.
(c) Revisions to Procurement Notice Provisions.--Section 18
of the Office of Federal Procurement Policy Act (41 U.S.C. 416)
is amended in subsection (b)(4)--
(1) by striking out ``all''; and
(2) by striking out ``(as appropriate) which shall be
considered by the agency''.
(d) Repeal of Duplicative Provisions.--Section 8 of the Small
Business Act (15 U.S.C. 637) is amended--
(1) by striking out subsections (e), (f), (g), (h),
and (i); and
(2) by redesignating subsection (j) as subsection
(e).
(e) Executive Agency Responsibilities.--(1) Section 16 of the
Office of Federal Procurement Policy Act (41 U.S.C. 414) is
amended--
(A) by striking out ``achieve'' in the matter
preceding paragraph (1) and inserting in lieu thereof
``promote''; and
(B) by amending paragraph (1) to read as follows:
``(1) to implement maximum practicable competition in
the procurement of property or services by the
executive agency by establishing policies, procedures,
and practices that are consistent with the need to
efficiently fulfill the Government's requirements;''.
(2) Section 20 of such Act (41 U.S.C. 418) is amended in
subsection (a)(2)(A) by striking out ``serving in a position
authorized for such executive agency on the date of enactment
of the Competition in Contracting Act of 1984''.
SEC. 802. DEFINITION RELATING TO COMPETITION REQUIREMENTS.
(a) Definition.--Paragraph (6) of section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403) is amended to
read as follows:
``(6) The term `maximum practicable competition',
when used with respect to a procurement, means that the
maximum number of responsible or verified sources,
consistent with the particular Government requirement,
are permitted to submit sealed bids or competitive
proposals on the procurement.''.
(b) Conforming Amendments.--
(1) Office of federal procurement policy act.--The
Office of Federal Procurement Policy Act is further
amended--
(A) in section 4(5), by striking out ``full
and open'' and inserting ``maximum
practicable''; and
(B) in section 20, by striking out ``full and
open'' and inserting in lieu thereof ``maximum
practicable'' each place it appears in
subsection (b)(1), subsection (b)(3)(A),
subsection (b)(4)(C), and subsection (c);
(2) Title 10.--Title 10, United States Code, is
amended--
(A) in section 2302(2), by striking out
``pursuant to full and open competition'' and
inserting in lieu thereof ``using maximum
practicable competition'';
(B) in section 2323(e)(3), by striking out
``less than full and open'' and inserting in
lieu thereof ``procedures other than''; and
(C) in each of the following sections, by
striking out ``full and open'' and inserting in
lieu thereof ``maximum practicable'':
(i) Section 2302(3).
(ii) Section 2305(a)(1)(A)(i).
(iii) Section 2305(a)(1)(A)(iii).
(iv) Section 2323(i)(3)(A).
(3) Federal property and administrative services
act.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.) is amended--
(A) in section 309(b), by striking out
``pursuant to full and open competition'' and
inserting in lieu thereof ``using maximum
practicable competition''; and
(B) in each of the following sections, by
striking out ``full and open'' and inserting in
lieu thereof ``maximum practicable'':
(i) Section 303A(a)(1)(A).
(ii) Section 303A(a)(1)(C).
(iii) Section 304B(a)(2)(B).
(iv) Section 309(c)(4).
(4) Other laws.--(A) Section 7102 of the Federal
Acquisition Streamlining Act of 1994 (108 Stat. 3367;
15 U.S.C. 644 note) is amended in subsection (a)(1)(A)
by striking out ``less than full and open competition''
and inserting in lieu thereof ``procedures other than
competitive procedures''.
(B) Section 15(l) of the Small Business Act (15
U.S.C. 644(l)) is amended in paragraph (1) and in
paragraph (2)(A) by striking out ``full and open'' and
inserting in lieu thereof ``maximum practicable'' each
place it appears.
SEC. 803. CONTRACT SOLICITATION AMENDMENTS.
(a) Armed Services Acquisitions.--Section 2305 of title 10,
United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking out subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B) and in that subparagraph by
striking out ``subparagraphs (A) and (B)'' and
inserting in lieu thereof ``subparagraph (A)'';
and
(2) in subsection (b)(4)(A)(i), by striking out
``all'' and inserting in lieu thereof ``the''.
(b) Civilian Agency Acquisitions.--(1) Section 303A of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253a) is amended--
(A) by striking out paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2)
and in that paragraph by striking out ``paragraphs (1)
and (2)'' and inserting in lieu there of ``paragraph
(1)''.
(2) Section 303B(d)(1)(A) of such Act (41 U.S.C. 253b) is
amended by striking out ``all'' and inserting in lieu thereof
``the''.
SEC. 804. PREAWARD DEBRIEFINGS.
(a) Armed Services Acquisitions.--Section 2305(b) of title
10, United States Code, is amended--
(1) by striking out subparagraph (F) of paragraph
(5);
(2) by redesignating paragraph (6) as paragraph (8);
and
(3) by inserting after paragraph (5) the following
new paragraphs:
``(6)(A) When the contracting officer excludes an
offeror submitting a competitive proposal from the
competitive range (or otherwise excludes such an
offeror from further consideration prior to the final
source selection decision), the excluded offeror may
request in writing, within three days after the date on
which the excluded offeror receives notice of its
exclusion, a debriefing prior to award. The contracting
officer shall make every effort to debrief the
unsuccessful offeror as soon as practicable and may
refuse the request for a debriefing if it is not in the
best interests of the Government to conduct a
debriefing at that time.
``(B) The contracting officer is required to debrief
an excluded offeror in accordance with paragraph (5) of
this section only if that offeror requested and was
refused a preaward debriefing under subparagraph (A) of
this paragraph.
``(C) The debriefing conducted under this subsection
shall include--
``(i) the executive agency's evaluation of
the significant elements in the offeror's
offer;
``(ii) a summary of the rationale for the
offeror's exclusion; and
``(iii) reasonable responses to relevant
questions posed by the debriefed offeror as to
whether source selection procedures set forth
in the solicitation, applicable regulations,
and other applicable authorities were followed
by the executive agency.
``(D) The debriefing conducted pursuant to this
subsection may not disclose the number or identity of
other offerors and shall not disclose information about
the content, ranking, or evaluation of other offerors'
proposals.
``(7) The contracting officer shall include a summary of any
debriefing conducted under paragraph (5) or (6) in the contract
file.''.
(b) Civilian Agency Acquisitions.--Section 303B of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253b) is amended--
(1) by striking out paragraph (6) of subsection (e);
(2) by redesignating subsections (f), (g), (h), and
(i) as subsections (h), (i), (j), and (k),
respectively; and
(3) by inserting after subsection (e) the following
new subsections:
``(f)(1) When the contracting officer excludes an offeror
submitting a competitive proposal from the competitive range
(or otherwise excludes such an offeror from further
consideration prior to the final source selection decision),
the excluded offeror may request in writing, within 3 days
after the date on which the excluded offeror receives notice of
its exclusion, a debriefing prior to award. The contracting
officer shall make every effort to debrief the unsuccessful
offeror as soon as practicable and may refuse the request for a
debriefing if it is not in the best interests of the Government
to conduct a debriefing at that time.
``(2) The contracting officer is required to debrief an
excluded offeror in accordance with subsection (e) of this
section only if that offeror requested and was refused a
preaward debriefing under paragraph (1) of this subsection.
``(3) The debriefing conducted under this subsection shall
include--
``(A) the executive agency's evaluation of the
significant elements in the offeror's offer;
``(B) a summary of the rationale for the offeror's
exclusion; and
``(C) reasonable responses to relevant questions
posed by the debriefed offeror as to whether source
selection procedures set forth in the solicitation,
applicable regulations, and other applicable
authorities were followed by the executive agency.
``(4) The debriefing conducted pursuant to this subsection
may not disclose the number or identity of other offerors and
shall not disclose information about the content, ranking, or
evaluation of other offerors' proposals.
``(g) The contracting officer shall include a summary of the
any debriefing conducted under subsection (e) or (f) in the
contract file.''.
SEC. 805. CONTRACT TYPES.
(a) Armed Services Acquisitions.--(1) Section 2306 of title
10, United States Code, is amended--
(A) by inserting before the period at the end of
subsection (a) the following: ``, based on market
conditions, established commercial practice (if any)
for the product or service being acquired, and sound
business judgment'';
(B) by striking out subsections (b), (d), (e), (f),
and (h); and
(C) by redesignating subsection (g) as subsection
(b).
(2) The heading of such section is amended to read as
follows:
``Sec. 2306. Contract types''.
(b) Civilian Agency Acquisitions.--(1) Section 304 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254) is amended--
(A) by inserting before the period at the end of the
first sentence of subsection (a) the following: ``,
based on market conditions, established commercial
practice (if any) for the product or service being
acquired, and sound business judgment''; and
(B) by striking out ``Every contract award'' in the
second sentence of subsection (a) and all that follows
through the end of the section.
(2) The heading of such section is amended to read as
follows:
``SEC. 304. CONTRACT TYPES.''.
(c) Conforming Repeals.--(1) Sections 4540, 7212, and 9540 of
title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 433 of
such title is amended by striking out the item relating to
section 4540.
(3) The table of sections at the beginning of chapter 631 of
such title is amended by striking out the item relating to
section 7212.
(4) The table of sections at the beginning of chapter 933 of
such title is amended by striking out the item relating to
section 9540.
(d) Civil Works Authority.--(1) Chapter 137 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2332. Contracts for architectural and engineering services and
construction design
``The Secretary of Defense and the Secretaries of the
military departments may enter into contracts for architectural
and engineering services in connection with a military
construction or family housing project or for other Department
of Defense or military department purposes. Such contracts
shall be awarded in accordance with the Brooks Architect-
Engineers Act (40 U.S.C. 541 et seq.).''.
(2) The table of sections at the beginning of chapter 137 of
such title is amended by adding at the end the following new
item:
``2332. Contracts for architectural and engineering services and
construction design.''.
(3) Section 2855 of such title is repealed. The table of
sections at the beginning of chapter 169 of such title is
amended by striking out the item relating to such section.
SEC. 806. CONTRACTOR PERFORMANCE.
(a) Requirement for System.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by
adding at the end the following new section:
``SEC. 35. CONTRACTOR PERFORMANCE.
``(a) Verification Authorized.--The Federal Acquisition
Regulation shall provide a contractor verification system for
the procurement of particular property or services that are
procured by executive agencies on a repetitive basis. Under the
system, the head of an executive agency--
``(1) shall use competitive procedures to verify
contractors as eligible for contracts to furnish such
property or services; and
``(2) shall award verifications on the basis of the
relative efficiency and effectiveness of the business
practices, level of quality, and demonstrated contract
performance of the responding contractors with regard
to the particular property or services.
``(b) Procurement From Verified Contractors.--The Federal
Acquisition Regulation shall provide procedures under which the
head of an executive agency may enter into a contract for a
procurement of property or services referred to in subsection
(a) on the basis of a competition among contractors verified
with respect to such property or services pursuant to that
subsection.
``(c) Termination of Verification.--The Federal Acquisition
Regulation shall provide procedures under which the head of an
executive agency--
``(1) may provide for the termination of a
verification awarded a contractor under this section
upon the expiration of a period specified by the head
of an executive agency; and
``(2) may revoke a verification awarded a contractor
under this section upon a determination that the
quality of performance of the contractor does not meet
standards applied by the head of the executive agency
as of the time of the revocation decision.''.
(b) Repeals.--Section 2319 of title 10, United States Code,
is repealed. Section 303C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253c) is
repealed.
(c) Clerical Amendments.--(1) The table of contents for the
Office of Federal Procurement Policy Act (contained in section
1(b)) is amended by adding at the end the following new item:
``Sec. 35. Contractor performance.''.
(2) The table of sections at the beginning of chapter 137 of
title 10, United States Code, is amended by striking out the
item relating to section 2319.
(3) The table of contents for the Federal Property and
Administrative Services Act of 1949 (contained in section 1(b))
is amended by striking out the item relating to section 303C.
Subtitle B--Commercial Items
SEC. 811. COMMERCIAL ITEM EXCEPTION TO REQUIREMENT FOR COST OR PRICING
DATA AND INFORMATION LIMITATIONS.
(a) Armed Services Acquisitions.--(1) Subsections (b), (c),
and (d) of section 2306a of title 10, United States Code, are
amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of cost or pricing data
shall not be required under subsection (a) in the case
of a contract, a subcontract, or modification of a
contract or subcontract--
``(A) for which the price agreed upon is
based on--
``(i) adequate price competition; or
``(ii) prices set by law or
regulation;
``(B) for the acquisition of a commercial
item; or
``(C) in an exceptional case when the head of
the procuring activity, without delegation,
determines that the requirements of this
section may be waived and justifies in writing
the reasons for such determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a
contract or subcontract for a commercial item that is
not covered by the exception on the submission of cost
or pricing data in paragraph (1)(A) or (1)(B),
submission of cost or pricing data shall not be
required under subsection (a) if--
``(A) the contract or subcontract being
modified is a contract or subcontract for which
submission of cost or pricing data may not be
required by reason of paragraph (1)(A) or
(1)(B); and
``(B) the modification would not change the
contract or subcontract, as the case may be,
from a contract or subcontract for the
acquisition of a commercial item to a contract
or subcontract for the acquisition of an item
other than a commercial item.
``(c) Authority To Require Cost or Pricing Data on Below-
Threshold Contracts.--(1) Subject to paragraph (2), when
certified cost or pricing data are not required to be submitted
by subsection (a) for a contract, subcontract, or modification
of a contract or subcontract, such data may nevertheless be
required to be submitted by the head of the procuring activity,
but only if the head of the procuring activity determines that
such data are necessary for the evaluation by the agency of the
reasonableness of the price of the contract, subcontract, or
modification of a contract or subcontract. In any case in which
the head of the procuring activity requires such data to be
submitted under this subsection, the head of the procuring
activity shall justify in writing the reason for such
requirement.
``(2) The head of the procuring activity may not require
certified cost or pricing data to be submitted under this
paragraph for any contract or subcontract, or modification of a
contract or subcontract, covered by the exceptions in
subparagraph (A) or (B) of subsection (b)(1).
``(3) The head of a procuring activity may not delegate
functions under this paragraph.
``(d) Limitations on Other Information.--The Federal
Acquisition Regulation shall include the following:
``(1) Provisions concerning the types of information
that contracting officers may consider in determining
whether the price of a procurement to the Government is
fair and reasonable when certified cost or pricing data
are not required to be submitted under this section,
including appropriate information on the prices at
which the same item or similar items have previously
been sold that is adequate for evaluating the
reasonableness of the price of the proposed contract or
subcontract for the procurement.
``(2) Reasonable limitations on requests for sales
data relating to commercial items.
``(3) A requirement that a contracting officer shall,
to the maximum extent practicable, limit the scope of
any request for information relating to commercial
items from an offeror to only that information that is
in the form regularly maintained by the offeror in
commercial operations.
``(4) A statement that any information received
relating to commercial items that is exempt from
disclosure under section 552(b) of title 5 shall not be
disclosed by the Federal Government.''.
(2) Section 2306a of such title is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
(3) Section 2375 of title 10, United States Code, is amended
by striking out subsection (c).
(b) Civilian Agency Acquisitions.--(1) Subsections (b), (c)
and (d) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b) are
amended to read as follows:
``(b) Exceptions.--
``(1) In general.--Submission of cost or pricing data
shall not be required under subsection (a) in the case
of a contract, a subcontract, or a modification of a
contract or subcontract--
``(A) for which the price agreed upon is
based on--
``(i) adequate price competition; or
``(ii) prices set by law or
regulation;
``(B) for the acquisition of a commercial
item; or
``(C) in an exceptional case when the head of
the procuring activity, without delegation,
determines that the requirements of this
section may be waived and justifies in writing
the reasons for such determination.
``(2) Modifications of contracts and subcontracts for
commercial items.--In the case of a modification of a
contract or subcontract for a commercial item that is
not covered by the exception on the submission of cost
or pricing data in paragraph (1)(A) or (1)(B),
submission of cost or pricing data shall not be
required under subsection (a) if--
``(A) the contract or subcontract being
modified is a contract or subcontract for which
submission of cost or pricing data may not be
required by reason of paragraph (1)(A) or
(1)(B); and
``(B) the modification would not change the
contract or subcontract, as the case may be,
from a contract or subcontract for the
acquisition of a commercial item to a contract
or subcontract for the acquisition of an item
other than a commercial item.
``(c) Authority To Require Cost or Pricing Data on Below-
Threshold Contracts.--(1) Subject to paragraph (2), when
certified cost or pricing data are not required to be submitted
by subsection (a) for a contract, subcontract, or modification
of a contract or subcontract, such data may nevertheless be
required to be submitted by the head of the procuring activity,
but only if the head of the procuring activity determines that
such data are necessary for the evaluation by the agency of the
reasonableness of the price of the contract, subcontract, or
modification of a contract or subcontract. In any case in which
the head of the procuring activity requires such data to be
submitted under this subsection, the head of the procuring
activity shall justify in writing the reason for such
requirement.
``(2) The head of the procuring activity may not require
certified cost or pricing data to be submitted under this
paragraph for any contract or subcontract, or modification of a
contract or subcontract, covered by the exceptions in
subparagraph (A) or (B) of subsection (b)(1).
``(3) The head of a procuring activity may not delegate the
functions under this paragraph.
``(d) Limitations on Other Information.--The Federal
Acquisition Regulation shall include the following:
``(1) Provisions concerning the types of information
that contracting officers may consider in determining
whether the price of a procurement to the Government is
fair and reasonable when certified cost or pricing data
are not required to be submitted under this section,
including appropriate information on the prices at
which the same item or similar items have previously
been sold that is adequate for evaluating the
reasonableness of the price of the proposed contract or
subcontract for the procurement.
``(2) Reasonable limitations on requests for sales
data relating to commercial items.
``(3) A requirement that a contracting officer shall,
to the maximum extent practicable, limit the scope of
any request for information relating to commercial
items from an offeror to only that information that is
in the form regularly maintained by the offeror in
commercial operations.
``(4) A statement that any information received
relating to commercial items that is exempt from
disclosure under section 552(b) of title 5 shall not be
disclosed by the Federal Government.''.
(2) Section 304A of such Act is further amended--
(A) by striking out subsection (h); and
(B) by redesignating subsection (i) as subsection
(h).
SEC. 812. APPLICATION OF SIMPLIFIED PROCEDURES TO COMMERCIAL ITEMS.
(a) Armed Services Acquisitions.--Section 2304(e)(1) of title
10, United States Code, as added by section 801(a), is amended
by inserting after ``special simplified procedures'' the
following: ``for purchases of commercial items and''.
(b) Civilian Agency Acquisitions.--Section 303(e)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253), as added by section 801(b), is amended by
inserting after ``special simplified procedures'' the
following: ``for purchases of commercial items and''.
(c) Simplified Notice.--Section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) is amended in subsection
(a)(5) (as redesignated by section 801(d))--
(1) by striking out ``limited''; and
(2) by inserting before ``submission'' the following:
``issuance of solicitations and the''.
SEC. 813. AMENDMENT TO DEFINITION OF COMMERCIAL ITEMS.
Section 4(12)(F) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)(F)) is amended by striking out
``catalog''.
SEC. 814. INAPPLICABILITY OF COST ACCOUNTING STANDARDS TO CONTRACTS AND
SUBCONTRACTS FOR COMMERCIAL ITEMS.
Subparagraph (B) of section 26(f)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)(2)) is amended--
(1) by striking out clause (i) and inserting in lieu
thereof the following:
``(i) Contracts or subcontracts for the acquisition
of commercial items.''; and
(2) by striking out clause (iii).
Subtitle C--Additional Reform Provisions
Redesignate sections 801, 802, 803, 804, 805, 806, 807, and
808 as sections 821, 822, 823, 824, 825, 826, 827, and 828,
respectively (and conform the table of contents accordingly).
Add at the end of title VIII (page 329, after line 13) the
following (and conform the table of contents accordingly):
SEC. 829. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.
(a) Government Reliance on the Private Sector.--The Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is
amended by inserting after section 16 the following new
section:
``SEC. 17. GOVERNMENT RELIANCE ON THE PRIVATE SECTOR.
``It is the policy of the Federal Government to rely on the
private sector to supply the products and services the Federal
Government needs.''.
(b) Clerical Amendment.--The table of contents for the Office
of Federal Procurement Policy Act (contained in section 1(b))
is amended by inserting after the item relating to section 16
the following new item:
``Sec. 17. Government reliance on the private sector.''.
SEC. 830. ELIMINATION OF CERTAIN CERTIFICATION REQUIREMENTS.
(a) Elimination of Certain Statutory Certification
Requirements.--(1)(A) Section 2410 of title 10, United States
Code, is amended--
(i) in the heading, by striking out ``:
certification''; and
(ii) in subsection (a)--
(I) in the heading, by striking out
``Certification'';
(II) by striking out ``unless'' and all that
follows through ``that--'' and inserting in
lieu thereof ``unless--''; and
(III) in paragraph (2), by striking out ``to
the best of that person's knowledge and
belief''.
(B) The item relating to section 2410 in the table of
sections at the beginning of chapter 141 of such title is
amended to read as follows:
``Sec. 2410. Requests for equitable adjustment or other relief.''.
(2) Section 2410b of title 10, United States Code, is amended
in paragraph (2) by striking out ``certification and''.
(3) Section 1352(b)(2) of title 31, United States Code, is
amended--
(A) by striking out subparagraph (C); and
(B) by inserting ``and'' after the semicolon at the
end of subparagraph (A).
(4) Section 5152 of the Drug-Free Workplace Act of 1988 (41
U.S.C. 701) is amended--
(A) in subsection (a)(1), by striking out ``has
certified to the contracting agency that it will'' and
inserting in lieu thereof ``agrees to'';
(B) in subsection (a)(2), by striking out ``contract
includes a certification by the individual'' and
inserting in lieu thereof ``individual agrees''; and
(C) in subsection (b)(1)--
(i) by striking out subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A) and in that subparagraph by
striking out ``such certification by failing to
carry out''; and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(b) Elimination of Certain Regulatory Certification
Requirements.--
(1) Current certification requirements.--Not later
than 210 days after the date of the enactment of this
Act, any certification required of contractors or
offerors by the Federal Acquisition Regulation or an
executive agency procurement regulation that is not
specifically imposed by statute shall be removed by the
Administrator for Federal Procurement Policy from the
Federal Acquisition Regulation or such agency
regulation unless--
(A) written justification for such
certification is provided to the Administrator
(i) by the Federal Acquisition Regulatory
Council (in the case of a certification in the
Federal Acquisition Regulation), or (ii) by the
head of an executive agency (in the case of a
certification in an executive agency
procurement regulation); and
(B) the Administrator approves in writing the
retention of such certification.
(2) Future certification requirements.--(A) Section
29 of the Office of Federal Procurement Policy Act (41
U.S.C. 425) is amended--
(i) by amending the heading to read as
follows:
``SEC. 22. CONTRACT CLAUSES AND CERTIFICATIONS.'';
(ii) by inserting ``(a) Nonstandard Contract
Clauses.--'' before ``The Federal
Acquisition''; and
(iii) by adding at the end the following new
subsection:
``(b) Prohibition on Certification Requirements.--A
requirement for a certification by a contractor or offeror may
not be included in the Federal Acquisition Regulation or an
executive agency procurement regulation unless--
``(1) the certification is specifically imposed by
statute; or
``(2) written justification for such certification is
provided to the Administrator for Federal Procurement
Policy (A) by the Federal Acquisition Regulatory
Council (in the case of a certification in the Federal
Acquisition Regulation), or (B) the head of an
executive agency (in the case of a certification in an
executive agency procurement regulation), and the
Administrator approves in writing the inclusion of such
certification.''.
(B) The item relating to section 29 in the table of contents
for the Office of Federal Procurement Policy Act (contained in
section 1(b)) (41 U.S.C. 401 note) is amended to read as
follows:
``Sec. 29. Contract clauses and certifications.''.
SEC. 831. AMENDMENT TO COMMENCEMENT AND EXPIRATION OF AUTHORITY TO
CONDUCT CERTAIN TESTS OF PROCUREMENT PROCEDURES.
Subsection (j) of section 5061 of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 413 note) is amended to
read as follows:
``(j) Commencement and Expiration of Authority.--The
authority to conduct a test under subsection (a) in an agency
and to award contracts under such a test shall take effect on
August 1, 1995, and shall expire on August 1, 2000. Contracts
entered into before such authority expires in an agency
pursuant to a test shall remain in effect, notwithstanding the
expiration of the authority to conduct the test under this
section.''.
SEC. 832. PROCUREMENT INTEGRITY.
(a) Amendment of Procurement Integrity Provision.--Section 27
of the Office of Federal Procurement Policy Act (41 U.S.C. 423)
is amended to read as follows:
``SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRACTOR BID OR
PROPOSAL INFORMATION OR SOURCE SELECTION
INFORMATION.
``(a) Prohibition on Disclosing Procurement Information.--(1)
A person described in paragraph (2) shall not, other than as
provided by law, knowingly and willfully disclose contractor
bid or proposal information or source selection information
before the award of a Federal agency procurement contract to
which the information relates.
``(2) Paragraph (1) applies to any person who--
``(A) is a present or former officer or employee of
the United States, or a person who is acting or has
acted for or on behalf of, or who is advising or has
advised the United States with respect to, a Federal
agency procurement; and
``(B) by virtue of that office, employment, or
relationship has or had access to contractor bid or
proposal information or source selection information.
``(b) Prohibition on Obtaining Procurement Information.--A
person shall not, other than as provided by law, knowingly and
willfully obtain contractor bid or proposal information or
source selection information before the award of a Federal
agency procurement contract to which the information relates.
``(c) Prohibition on Disclosing or Obtaining Procurement
Information in Connection With a Protest.--(1) A person shall
not, other than as provided by law, knowingly and willfully
violate the terms of a protective order described in paragraph
(2) by disclosing or obtaining contractor bid or proposal
information or source selection information related to the
procurement contract concerned.
``(2) Paragraph (1) applies to any protective order issued by
the the United States Board of Contract Appeals in connection
with a protest against the award or proposed award of a Federal
agency procurement contract.
``(d) Penalties and Administrative Actions.--
``(1) Criminal penalties.--
``(A) Whoever engages in conduct constituting
an offense under subsection (a), (b), or (c)
shall be imprisoned for not more than one year
or fined as provided under title 18, United
States Code, or both.
``(B) Whoever engages in conduct constituting
an offense under subsection (a), (b), or (c)
for the purpose of either--
``(i) exchanging the information
covered by such subsection for anything
of value, or
``(ii) obtaining or giving anyone a
competitive advantage in the award of a
Federal agency procurement contract,
shall be imprisoned for not more than five
years or fined as provided under title 18,
United States Code, or both.
``(2) Civil penalties.--The Attorney General may
bring a civil action in the appropriate United States
district court against any person who engages in
conduct constituting an offense under subsection (a),
(b), or (c). Upon proof of such conduct by a
preponderance of the evidence, the person is subject to
a civil penalty. An individual who engages in such
conduct is subject to a civil penalty of not more than
$50,000 for each violation plus twice the amount of
compensation which the individual received or offered
for the prohibited conduct. An organization that
engages in such conduct is subject to a civil penalty
of not more than $500,000 for each violation plus twice
the amount of compensation which the organization
received or offered for the prohibited conduct.
``(3) Administrative actions.--(A) If a Federal
agency receives information that a contractor or a
person has engaged in conduct constituting an offense
under subsection (a), (b), or (c), the Federal agency
shall consider taking one or more of the following
actions, as appropriate:
``(i) Cancellation of the Federal agency
procurement, if a contract has not yet been
awarded.
``(ii) Rescission of a contract with respect
to which--
``(I) the contractor or someone
acting for the contractor has been
convicted for an offense under
subsection (a), (b), or (c), or
``(II) the head of the agency that
awarded the contract has determined,
based upon clear and convincing
evidence, that the contractor or
someone acting for the contractor has
engaged in conduct constituting such an
offense.
``(iii) Initiation of suspension or debarment
proceedings for the protection of the
Government in accordance with procedures in the
Federal Acquisition Regulation.
``(iv) Initiation of adverse personnel
action, pursuant to the procedures in chapter
75 of title 5, United States Code, or other
applicable law or regulation.
``(B) If a Federal agency rescinds a contract
pursuant to subparagraph (A)(ii), the United States is
entitled to recover, in addition to any penalty
prescribed by law, the amount expended under the
contract.
``(C) For purposes of any suspension or debarment
proceedings initiated pursuant to subparagraph
(A)(iii), engaging in conduct constituting an offense
under subsection (a), (b), or (c) affects the present
responsibility of a Government contractor or
subcontractor.
``(e) Definitions.--As used in this section:
``(1) The term `contractor bid or proposal
information' means any of the following information
submitted to a Federal agency as part of or in
connection with a bid or proposal to enter into a
Federal agency procurement contract, if that
information has not been previously made available to
the public or disclosed publicly:
``(A) Cost or pricing data (as defined by
section 2306a(h) of title 10, United States
Code, with respect to procurements subject to
that section, and section 304A(h) of Federal
Property and Administrative Services Act of
1949 (41 U.S.C. 254b(h), with respect to
procurements subject to that section).
``(B) Indirect costs and direct labor rates.
``(C) Proprietary information about
manufacturing processes, operations, or
techniques marked by the contractor in
accordance with applicable law or regulation.
``(D) Information marked by the contractor as
`contractor bid or proposal information', in
accordance with applicable law or regulation.
``(2) The term `source selection information' means
any of the following information prepared for use by a
Federal agency for the purpose of evaluating a bid or
proposal to enter into a Federal agency procurement
contract, if that information has not been previously
made available to the public or disclosed publicly:
``(A) Bid prices submitted in response to a
Federal agency solicitation for sealed bids, or
lists of those bid prices before public bid
opening.
``(B) Proposed costs or prices submitted in
response to a Federal agency solicitation, or
lists of those proposed costs or prices.
``(C) Source selection plans.
``(D) Technical evaluation plans.
``(E) Technical evaluations of proposals.
``(F) Cost or price evaluations of proposals.
``(G) Competitive range determinations that
identify proposals that have a reasonable
chance of being selected for award of a
contract.
``(H) Rankings of bids, proposals, or
competitors.
``(I) The reports and evaluations of source
selection panels, boards, or advisory councils.
``(J) Other information marked as `source
selection information' based on a case-by-case
determination by the head of the agency, his
designee, or the contracting officer that its
disclosure would jeopardize the integrity or
successful completion of the Federal agency
procurement to which the information relates.
``(3) The term `Federal agency' has the meaning
provided such term in section 3 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
472).
``(4) The term `Federal agency procurement' means the
acquisition (by using competitive procedures and
awarding a contract) of goods or services (including
construction) from non-Federal sources by a Federal
agency using appropriated funds.
``(5) The term `contracting officer' means a person
who, by appointment in accordance with applicable
regulations, has the authority to enter into a Federal
agency procurement contract on behalf of the Government
and to make determinations and findings with respect to
such a contract.
``(6) The term `protest' means a written objection by
an interested party to the award or proposed award of a
Federal agency procurement contract, pursuant to title
IV of the Federal Acquisition Reform Act of 1995.
``(f) Limitation on Protests.--No person may file a protest
against the award or proposed award of a Federal agency
procurement contract alleging an offense under subsection (a),
(b), or (c), of this section, nor may the United States Board
of Contract Appeals consider such an allegation in deciding a
protest, unless that person reported to the Federal agency
responsible for the procurement information that the person
believed constituted evidence of the offense no later than 14
days after the person first discovered the possible offense.
``(g) Savings Provisions.--This section does not--
``(1) restrict the disclosure of information to, or
its receipt by, any person or class of persons
authorized, in accordance with applicable agency
regulations or procedures, to receive that information;
``(2) restrict a contractor from disclosing its own
bid or proposal information or the recipient from
receiving that information;
``(3) restrict the disclosure or receipt of
information relating to a Federal agency procurement
after it has been canceled by the Federal agency before
contract award unless the Federal agency plans to
resume the procurement;
``(4) authorize the withholding of information from,
nor restrict its receipt by, Congress, a committee or
subcommittee of Congress, the Comptroller General, a
Federal agency, or an inspector general of a Federal
agency;
``(5) authorize the withholding of information from,
nor restrict its receipt by, any board of contract
appeals of a Federal agency or the Comptroller General
in the course of a protest against the award or
proposed award of a Federal agency procurement
contract; or
``(6) limit the applicability of any requirements,
sanctions, contract penalties, and remedies established
under any other law or regulation.''.
(b) Repeals.--The following provisions of law are repealed:
(1) Sections 2397, 2397a, 2397b, and 2397c of title
10, United States Code.
(2) Section 33 of the Federal Energy Administration
Act of 1974 (15 U.S.C. 789).
(3) Section 281 of title 18, United States Code.
(4) Subsection (c) of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428).
(5) The first section 19 of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42 U.S.C.
5918).
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter
141 of title 10, United States Code, is amended by
striking out the items relating to sections 2397,
2397a, 2397b, and 2397c.
(2) The table of sections at the beginning of chapter
15 of title 18, United States Code, is amended by
striking out the item relating to section 281.
(3) Section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428) is amended by redesignating
subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively.
SEC. 833. FURTHER ACQUISITION STREAMLINING PROVISIONS.
(a) Purpose of Office of Federal Procurement Policy.--(1)
Section 5(a) of the Office of Federal Procurement Policy Act
(41 U.S.C. 404) is amended to read as follows:
``(a) To promote economy, efficiency, and effectiveness in
the procurement of property and services by the executive
branch of the Federal Government, there shall be an Office of
Federal Procurement Policy (hereinafter referred to as the
`Office') in the Office of Management and Budget to provide
overall direction of Government-wide procurement policies,
regulations, procedures, and forms for executive agencies.''.
(2) Sections 2 and 3 of such Act (41 U.S.C. 401 and 402) are
repealed.
(b) Repeal of Report Requirement.--Section 8 of the Office of
Federal Procurement Policy Act (41 U.S.C. 407) is repealed.
(c) Repeal of Obsolete Provisions.--(1) Sections 10 and 11 of
the Office of Federal Procurement Policy Act (41 U.S.C. 409 and
410) are repealed.
(d) Clerical Amendments.--The table of contents for the
Office of Federal Procurement Policy Act (contained in section
1(b)) is amended by striking out the items relating to sections
2, 3, 8, 10, and 11.
SEC. 834. JUSTIFICATION OF MAJOR DEFENSE ACQUISITION PROGRAMS NOT
MEETING GOALS.
Section 2220(b) of title 10, United States Code, is amended
by adding at the end the following: ``In addition, the
Secretary shall include in such annual report a justification
for the continuation of any program that--
``(1) is more than 50 percent over the cost goal
established for the development, procurement, or
operational phase of the program;
``(2) fails to achieve at least 50 percent of the
performance capability goals established for the
development, procurement, or operational phase of the
program; or
``(3) is more than 50 percent behind schedule, as
determined in accordance with the schedule goal
established for the development, procurement, or
operational phase of the program.''.
SEC. 835. ENHANCED PERFORMANCE INCENTIVES FOR ACQUISITION WORKFORCE.
(a) Armed Services Acquisitions.--Subsection (b) of section
5001 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3350; 10 U.S.C. 2220 note) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by designating the second sentence as paragraph
(2);
(3) by inserting ``(1)'' after ``(b) Enhanced System
of Performance Incentives.--''; and
(4) by adding at the end the following:
``(3) The Secretary shall include in the enhanced system of
incentives the following:
``(A) Pay bands.
``(B) Significant and material pay and promotion
incentives to be awarded, and significant and material
unfavorable personnel actions to be imposed, under the
system exclusively, or primarily, on the basis of the
contributions of personnel to the performance of the
acquisition program in relation to cost goals,
performance goals, and schedule goals.
``(C) Provisions for pay incentives and promotion
incentives to be awarded under the system.''.
(b) Civilian Agency Acquisitions.--Subsection (c) of section
5051 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3351; 41 U.S.C. 263 note) is
amended--
(1) by redesignating subparagraphs (A) and (B) of
paragraph (2) as clauses (i) and (ii); respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(1)'' after ``(c) Enhanced System
of Performance Incentives.--''; and
(4) by adding at the end the following:
``(2) The Deputy Director shall include in the enhanced
system of incentives under paragraph (1)(B) the following:
``(A) Pay bands.
``(B) Significant and material pay and promotion
incentives to be awarded, and significant and material
unfavorable personnel actions to be imposed, under the
system exclusively, or primarily, on the basis of the
contributions of personnel to the performance of the
acquisition program in relation to cost goals,
performance goals, and schedule goals.
``(C) Provisions for pay incentives and promotion
incentives to be awarded under the system.''.
SEC. 836. RESULTS ORIENTED ACQUISITION PROGRAM CYCLE.
Section 5002(a) of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355; 108 Stat. 3350) is amended--
(1) by inserting ``(1)'' before ``to ensure''; and
(2) by striking out the period at the end and inserting in
lieu thereof the following: ``; (2) to ensure that the
regulations compress the time periods associated with
developing, procuring, and making operational new systems; and
(3) to ensure that Department of Defense directives relating to
development and procurement of information systems (numbered in
the 8000 series) and the Department of Defense directives
numbered in the 5000 series are consolidated into one series of
directives that is consistent with such compressed time
periods.''.
SEC. 837. RAPID CONTRACTING GOAL.
(a) Goal.--The Office of Federal Procurement Policy Act is
amended by adding at the end the following new section:
``SEC. 35. RAPID CONTRACTING GOAL.
``The Administrator for Federal Procurement Policy shall
establish a goal of reducing by 50 percent the time necessary
for executive agencies to acquire an item for the user of that
item.''.
(b) Clerical Amendment.--The table of contents for such Act,
contained in section 1(b), is amended by adding at the end the
following new item:
``Sec. 35. Rapid contracting goal.''.
SEC. 838. ENCOURAGEMENT OF MULTIYEAR CONTRACTING.
(a) Armed Services Acquisitions.--Section 2306b(a) of title
10, United States Code, is amended in the matter preceding
paragraph (1) by striking out ``may'' and inserting in lieu
thereof ``shall, to the maximum extent possible,''.
(b) Civilian Agency Acquisitions.--Section 304B(a) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 254c(a)) is amended in the matter preceding paragraph
(1) by striking out ``may'' and inserting in lieu thereof
``shall, to the maximum extent possible,''.
SEC. 839. CONTRACTOR SHARE OF GAINS AND LOSSES FROM COST, SCHEDULE, AND
PERFORMANCE EXPERIENCE.
(a) Armed Services Acquisitions.--(1) Chapter 137 of title
10, United States Code, is amended by inserting after section
2306b the following new section:
``Sec. 2306c. Contractor share of gains and losses from cost, schedule,
and performance experience
``The Federal Acquisition Regulation shall contain provisions
to ensure that, for any cost-type contract or incentive-type
contract, the contractor may be rewarded for contract
performance exceeding the contract cost, schedule, or
performance parameters to the benefit of the United States and
may be penalized for failing to adhere to cost, schedule, or
performance parameters to the detriment of the United
States.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2306b
the following new item:
``2306c. Contractor share of gains and losses from cost, schedule, and
performance experience.''.
(b) Civilian Agency Acquisitions.--(1) Title III of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.) is amended by inserting after section 304C
the following new section:
``SEC. 304D. CONTRACTOR SHARE OF GAINS AND LOSSES FROM COST, SCHEDULE,
AND PERFORMANCE EXPERIENCE.
``The Federal Acquisition Regulation shall contain provisions
to ensure that, for any cost-type contract or incentive-type
contract, the contractor may be rewarded for contract
performance exceeding the contract cost, schedule, or
performance parameters to the benefit of the United States and
may be penalized for failing to adhere to cost, schedule, or
performance parameters to the detriment of the United
States.''.
(2) The table of contents for such Act, contained in section
1(b), is amended by inserting after the item relating to
section 304C the following new item:
``Sec. 304D. Contractor share of gains and losses from cost, schedule,
and performance experience.''.
SEC. 840. PHASE FUNDING OF DEFENSE ACQUISITION PROGRAMS.
Chapter 131 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2221. Funding for results oriented acquisition program cycle
``Before initial funding is made available for the
development, procurement, or operational phase of an
acquisition program for which an authorization of
appropriations is required by section 114 of this title, the
Secretary of Defense shall submit to Congress information about
the objectives and plans for the conduct of that phase and the
funding requirements for the entire phase. The information
shall identify the intended user of the system to be acquired
under the program and shall include objective, quantifiable
criteria for assessing the extent to which the objectives and
goals determined pursuant to section 2435 of this title are
achieved.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2221. Funding for results oriented acquisition program cycle.''.
SEC. 841. IMPROVED DEPARTMENT OF DEFENSE CONTRACT PAYMENT PROCEDURES.
(a) Review and Improvement of Procedures.--The Comptroller
General of the United States shall review commercial practices
regarding accounts payable and, considering the results of the
review, develop standards for the Secretary of Defense to
consider using for improving the contract payment procedures
and financial management systems of the Department of Defense.
(b) GAO Report.--Not later than September 30, 1996, the
Comptroller General shall submit to Congress a report
containing the following matters:
(1) The weaknesses in the financial management
processes of the Department of Defense.
(2) Deviations of the Department of Defense payment
procedures and financial management systems from the
standards developed pursuant to subsection (a),
expressed quantitatively.
(3) The officials of the Department of Defense who
are responsible for resolving the deviations.
SEC. 842. CONSIDERATION OF PAST PERFORMANCE IN ASSIGNMENT TO
ACQUISITION POSITIONS.
(a) Requirement.--Section 1701(a) of title 10, United
States Code, is amended by adding at the end the following:
``The policies and procedures shall provide that education and
training in acquisition matters, and past performance of
acquisition responsibilities, are major factors in the
selection of personnel for assignment to acquisition positions
in the Department of Defense.''.
(b) Performance Requirements for Assignment.--(1) Section
1723(a) of title 10, United States Code, is amended by
inserting ``, including requirements relating to demonstrated
past performance of acquisition duties,'' in the first sentence
after ``experience requirements''.
(2) Section 1724(a)(2) of such title is amended by
inserting before the semicolon at the end the following: ``and
have demonstrated proficiency in the performance of acquisition
duties in the contracting position or positions previously
held''.
(3) Section 1735 of such title is amended--
(A) in subsection (b)--
(i) by striking out ``and'' at the end of
paragraph (2);
(ii) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ``;
and''; and
(iii) by adding at the end the following:
``(4) must have demonstrated proficiency in the
performance of acquisition duties.'';
(B) in subsection (c)--
(i) by striking out ``and'' at the end of
paragraph (2);
(ii) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ``;
and''; and
(iii) by adding at the end the following:
``(4) must have demonstrated proficiency in the
performance of acquisition duties.'';
(C) in subsection (d), by inserting before the period
at the end the following: ``, and have demonstrated
proficiency in the performance of acquisition duties'';
and
(D) in subsection (e), by inserting before the period
at the end the following: ``, and have demonstrated
proficiency in the performance of acquisition duties''.
Subtitle D--Streamlining of Dispute Resolution
PART I--GENERAL PROVISIONS
SEC. 850. DEFINITIONS.
In this subtitle:
(1) The term ``Board'' means the United States Board
of Contract Appeals.
(2) The term ``Board judge'' means a member of the
United States Board of Contract Appeals.
(3) The term ``Chairman'' means the Chairman of the
United States Board of Contract Appeals.
(4) The term ``executive agency'' has the meaning
given by section 2(2) of the Contract Disputes Act of
1978 (41 U.S.C. 601(2)).
(5) The term ``alternative means of dispute
resolution'' has the meaning given by section 571(3) of
title 5, United States Code.
(6) The term ``protest'' means a written objection by
an interested party to any of the following:
(A) A solicitation or other request by an
executive agency for offers for a contract for
the procurement of property or services.
(B) The cancellation of such a solicitation
or other request.
(C) An award or proposed award of such a
contract.
(D) A termination or cancellation of an award
of such a contract, if the written objection
contains an allegation that the termination or
cancellation is based in whole or in part on
improprieties concerning the award of the
contract.
(7) The term ``interested party'', with respect to a
contract or a solicitation or other request for offers,
means an actual or prospective bidder or offeror whose
direct economic interest would be affected by the award
of the contract or by failure to award the contract.
(8) The term ``prevailing party'', with respect to a
determination of the Board under section 864(b) that a
decision of a contracting officer violates a statute or
regulation, means a party that demonstrated such
violation.
PART II--ESTABLISHMENT OF THE UNITED STATES BOARD OF CONTRACT APPEALS
SEC. 851. ESTABLISHMENT.
There is established in the executive branch of the
Government an independent establishment to be known as the
United States Board of Contract Appeals.
SEC. 852. MEMBERSHIP.
(a) Appointment.--(1) The Board shall consist of Board
judges appointed by the Chairman, without regard to political
affiliation and solely on the basis of the professional
qualifications required to perform the duties and
responsibilities of a Board judge, from a register of
applicants maintained by the Board.
(2) The members of the Board shall be selected and
appointed to serve in the same manner as administrative law
judges appointed pursuant to section 3105 of title 5, United
States Code, with an additional requirement that such members
shall have had not fewer than five years' experience in public
contract law.
(3) Notwithstanding paragraph (2) and subject to subsection
(b), the following persons shall serve as Board judges:
(A) Any full-time member of an agency board of
contract appeals serving as such on the day before the
effective date of this subtitle.
(B) Any person serving on the day before the date of
the enactment of this Act in a position at a level of
assistant general counsel or higher with authority
delegated from the Comptroller General to decide bid
protests under subchapter V of chapter 35 of title 31,
United States Code.
(b) Removal.--Members of the Board shall be subject to
removal in the same manner as administrative law judges, as
provided in section 7521 of title 5, United States Code.
(c) Compensation.--Compensation for the Chairman and all
other members of the Board shall be determined under section
5273a of title 5, United States Code.
SEC. 853. CHAIRMAN.
(a) Designation.--(1) The Chairman shall be designated by
the President to serve for a term of five years. The President
shall select the Chairman from among sitting Board judges each
of whom has had at least five years of service--
(A) as a member of an agency board of contract
appeals; or
(B) in a position at a level of assistant general
counsel or higher with authority delegated from the
Comptroller General to decide bid protests under
subchapter V of chapter 35 of title 31, United States
Code (as in effect on the day before the effective date
of this subtitle).
(2) A Chairman may continue to serve after the expiration
of the Chairman's term until a successor has taken office. A
Chairman may be reappointed any number of times.
(b) Responsibilities.--The Chairman shall be responsible on
behalf of the Board for the executive and administrative
operation of the Board, including functions of the Board with
respect to the following:
(1) The selection, appointment, and fixing of the
compensation of such personnel, pursuant to part III of
title 5, United States Code, as the Chairman considers
necessary or appropriate, including a Clerk of the
Board, a General Counsel, and clerical and legal
assistance for Board judges.
(2) The supervision of personnel employed by or
assigned to the Board, and the distribution of work
among such personnel.
(3) The response to any request that may be made by
Congress or the Office of Management and Budget.
(4) The allocation of funds among the various
functions of the Board.
(5) The entering into and performance of such
contracts, leases, cooperative agreements, or other
similar transactions with public agencies and private
organizations and persons, and the making of such
payments, as the Chairman considers necessary or
appropriate to carry out functions vested in the Board.
(6) The operation of an Office of the Clerk of the
Board, including the receipt of all filings made with
the Board, the assignment of cases, and the maintenance
of all records of the Board.
(7) The acquisition, operation, and maintenance of
such automatic data processing resources as may be
needed by the Board.
(8) The prescription of such rules and regulations as
the Chairman considers necessary or appropriate for the
administration and management of the Board.
(c) Vice Chairmen.--The Chairman may designate up to four
other Board judges as Vice Chairmen. The Chairman may divide
the Board into two or more divisions, and, if such division is
made, shall assign a Vice Chairman to head each division. The
Vice Chairmen, in the order designated by the Chairman, shall
act in the place and stead of the Chairman during the absence
of the Chairman.
SEC. 854. RULEMAKING AUTHORITY.
(a) In General.--The Board may establish--
(1) such procedural rules and regulations as are
necessary to the exercise of its functions, including
internal rules for the assignment of cases; and
(2) statements of policy of general applicability
with respect to its functions.
(b) Prohibition on Review by Other Agency or Person.--Rules
and regulations established by the Board (including forms which
are a part thereof) shall not be subject to review by any other
agency or person (including the Administrator of Information
and Regulatory Affairs, pursuant to chapter 35 of title 44,
United States Code) in advance of publication.
SEC. 855. LITIGATION AUTHORITY.
Except as provided in section 518 of title 28, United
States Code, relating to litigation before the Supreme Court,
attorneys designated by the Chairman may appear for, and
represent the Board in, any civil action brought in connection
with any function carried out by the Board.
SEC. 856. SEAL OF BOARD.
The Chairman shall cause a seal of office to be made for
the Board of such design as the Board shall approve. Judicial
notice shall be taken of such seal.
SEC. 857. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year
1997 and each succeeding fiscal year such sums as may be
necessary to carry out the provisions of this subtitle and to
enable the Board to perform its functions. Funds appropriate
pursuant to this section shall remain available until expended.
PART III--FUNCTIONS OF UNITED STATES BOARD OF CONTRACT APPEALS
SEC. 861. ALTERNATIVE DISPUTE RESOLUTION SERVICES.
(a) Requirement To Provide Services Upon Request.--The
Board shall provide alternative means of dispute resolution for
any disagreement regarding a contract or prospective contract
of an executive agency upon the request of all parties to the
disagreement.
(b) Personnel Qualified To Act.--Each Board judge and each
attorney employed by the Board shall be considered to be
qualified to act for the purpose of conducting alternative
means of dispute resolution under this section.
(c) Services To Be Provided Without Charge.--Any services
provided by the Board or any Board judge or employee pursuant
to this section shall be provided without charge.
(d) Recusal of Certain Personnel Upon Request.--In the
event that a matter which is presented to the Board for
alternative means of dispute resolution, pursuant to this
section, later becomes the subject of formal proceedings before
the Board, any Board judge or employee who was involved in the
alternative means shall, if requested by any party to the
formal proceeding, take no part in that proceeding.
SEC. 862. ALTERNATIVE DISPUTE RESOLUTION OF DISPUTES AND PROTESTS
SUBMITTED TO BOARD.
With reasonable promptness after the submission to the Board
of a contract dispute under section 863 or a bid protest under
section 864, a Board judge to whom the contract dispute or
protest is assigned shall request the parties to meet with a
Board judge, or an attorney employed by the Board, for the
purpose of attempting to resolve the dispute or protest through
alternative means of dispute resolution. Formal proceedings in
the appeal shall then be suspended until such time as any party
or a Board judge to whom the dispute or protest is assigned
determines that alternative means of dispute resolution are not
appropriate for resolution of the dispute or protest.
SEC. 863. CONTRACT DISPUTES.
The Board shall have jurisdiction as provided by section 8(a)
of the Contract Disputes Act of 1978 (41 U.S.C. 601-613).
SEC. 864. PROTESTS.
(a) Review Required Upon Request.--Upon request of an
interested party in connection with any procurement conducted
by any executive agency, the Board shall review, as provided in
this section, any decision by a contracting officer alleged to
violate a statute or regulation. The authority of the Board to
conduct such review shall include the authority to review
regulations to determine their consistency with applicable
statutes. A decision or order of the Board pursuant to this
section shall not be subject to interlocutory appeal or review.
(b) Standard of Review.--In deciding a protest, the Board may
consider all evidence that is relevant to the decision under
protest. It shall accord a presumption of correctness to all
facts found and determinations made by the contracting officer
whose decision is being protested. The protester may rebut this
presumption by showing, by a preponderance of the evidence,
that a finding or determination was incorrect. The Board may
find that a decision by a contracting officer violates a
statute or regulation for any of the reasons stated in section
706(2) of title 5, United States Code.
(c) Determination of Whether to Suspend Authority To Conduct
Procurement in Protest Filed Before Contract Award.--(1) When a
protest under this section is filed before the award of a
contract in a protested procurement, the Board, at the request
of an interested party and within 10 days after the submission
of the protest, shall hold a hearing to determine whether the
Board should suspend the authority of the executive agency
involved (or its head) to conduct such procurement until the
Board can decide the protest.
(2) The Board shall suspend the authority of the executive
agency (or its head) unless the agency concerned establishes
that--
(A) absent action by the Board, contract award is
likely to occur within 30 days after the hearing; and
(B) urgent and compelling circumstances which
significantly affect interests of the United States
will not permit waiting for the decision of the Board.
(3) A suspension under paragraph (2) shall not preclude the
executive agency concerned from continuing the procurement
process up to but not including award of the contract unless
the Board determines such action is not in the best interests
of the United States.
(d) Determination of Whether to Suspend Authority To Conduct
Procurement in Protest Filed After Contract Award.--(1) If,
with respect to an award of a contract, the Board receives
notice of a protest under this section within the period
described in paragraph (2), the Board shall, at the request of
an interested party, hold a hearing to determine whether the
Board should suspend the authority of the executive agency
involved (or its head) to conduct such procurement until the
Board can decide the protest.
(2) The period referred to in paragraph (1) is the period
beginning on the date on which the contract is awarded and
ending at the end of the later of--
(A) the tenth day after the date of contract award;
or
(B) the fifth day after the debriefing date offered
to an unsuccessful offeror for any debriefing that is
requested and, when requested, is required.
(3) The Board shall hold the requested hearing within 5 days
after the date of the filing of the protest or, in the case of
a request for debriefing, within 5 days after the later of the
date of the filing of the protest or the date of the
debriefing.
(4) The Board shall suspend the procurement authority of the
executive agency involved (or its head) to acquire any goods or
services under the contract which are not previously delivered
and accepted unless such agency establishes that urgent and
compelling circumstances which significantly affect interests
of the United States will not permit waiting for the decision
of the Board.
(e) Procedures.--
(1) Proceedings and discovery.--The Board shall
conduct proceedings and allow such discovery as may be
required for the expeditious, fair, and reasonable
resolution of the protest. The Board shall limit
discovery to material which is relevant to the grounds
of protest or to such affirmative defenses as the
executive agency involved, or any intervenor supporting
the agency, may raise.
(2) Priority.--The Board shall give priority to
protests filed under this section over contract
disputes and alternative dispute services. Except as
provided in paragraph (3), the Board shall issue its
final decision within 65 days after the date of the
filing of the protest, unless the Chairman determines
that the specific and unique circumstances of the
protest require a longer period, in which case the
Board shall issue such decision within the longer
period determined by the Chairman. An amendment that
adds a new ground of protest should be resolved, to the
maximum extent practicable, within the time limits
established for resolution of the initial protest.
(3) Threshold.--Any protest in which the anticipated
value of the contract award that will result from the
protested procurement, as estimated by the executive
agency involved, is less than $1,000,000 shall be
considered under simplified rules of procedure. These
rules shall provide that discovery in such protests
shall be in writing only. Such protests shall be
decided by a single Board judge, whose decision shall
be final and conclusive and shall not be set aside
except in cases of fraud. The Board shall issue its
final decision in each such protest within 35 days
after the date of the filing of the protest.
(4) Calculation of time for adr.--In calculating time
for purposes of paragraph (2) or (3) of this
subsection, any days during which proceedings are
suspended for the purpose of attempting to resolve the
protest by alternative means of dispute resolution, up
to a maximum of 20 days, shall not be counted.
(5) Dismissal of frivolous protests.--The Board may
dismiss a protest that the Board determines is
frivolous or which, on its face, does not state a valid
basis for protest.
(6) Payment of costs for frivolous protests.--(A) If
the Board expressly finds that a protest or a portion
of a protest is frivolous or does not state on its face
a valid basis for protest, the Board shall declare that
the protester or other interested party who joins the
protest is liable to the United States for payment of
the costs described in subparagraph (B) unless--
(i) special circumstances would make such
payment unjust; or
(ii) the protester obtains documents or other
information after the protest is filed with the
Board that establishes that the protest or a
portion of the protest is frivolous or does not
state on its face a valid basis for protest,
and the protester then promptly withdraws the
protest or portion of the protest.
(B) The costs referred to in subparagraph (A) are all
of the costs incurred by the United States of reviewing
the protest, or of reviewing that portion of the
protest for which the finding is made, including the
fees and other expenses (as defined in section
2412(d)(2)(A) of title 28, United States Code) incurred
by the United States in defending the protest.
(f) Decisions and Corrective Actions on Protests.--(1) In
making a decision on protests filed under this section, the
Board shall accord due weight to the goals of economic and
efficient procurement, and shall take due account of the rule
of prejudicial error.
(2) If the Board determines that a decision of a
contracting officer violates a statute or regulation, the Board
may order the agency (or its head) to take such corrective
action as the Board considers appropriate. Corrective action
includes requiring that the Federal agency--
(A) refrain from exercising any of its options under
the contract;
(B) recompete the contract immediately;
(C) issue a new solicitation;
(D) terminate the contract;
(E) award a contract consistent with the requirements
of such statute and regulation;
(F) implement any combination of requirements under
subparagraphs (A), (B), (C), (D), and (E); or
(G) implement such other actions as the Board
determines necessary.
(3) If the Board orders corrective action after the
contract award, the affected contract shall be presumed valid
as to all goods or services delivered and accepted under the
contract before the corrective action was ordered.
(4) Any agreement that provides for the dismissal of a
protest and involves a direct or indirect expenditure of
appropriated funds shall be submitted to the Board and shall be
made a part of the public record (subject to any protective
order considered appropriate by the Board) before dismissal of
the protest.
(g) Authority To Declare Entitlement to Costs.--(1)(A)
Whenever the Board determines that a decision of a contracting
officer violates a statute or regulation, it may, in accordance
with section 1304 of title 31, United States Code, further
declare an appropriate prevailing party to be entitled to the
costs of--
(i) filing and pursuing the protest, including
reasonable attorneys' fees and consultant and expert
witness fees, and
(ii) bid and proposal preparation.
(B) No party (other than a small business concern (within
the meaning of section 3(a) of the Small Business Act)) may be
declared entitled under this paragraph to costs for--
(i) consultants and expert witness fees that exceed
the highest rate of compensation for expert witnesses
paid by the Federal Government, or
(ii) attorneys' fees that exceed $150 per hour unless
the Board, on a case by case basis, determines that an
increase in the cost of living or a special factor,
such as the limited availability of qualified attorneys
for the proceedings involved, justifies a higher fee.
(2) Payment of amounts due from an agency under paragraph
(1) or under the terms of a settlement agreement under
subsection (e)(4) shall be made from the appropriation made by
section 1304 of title 31, United States Code, for the payment
of judgments. The executive agency concerned shall reimburse
that appropriation account out of funds available for the
procurement.
(h) Appeals.--Except as provided in subsection (e)(3), a
final decision of the Board may be appealed as set forth in
section 8(d)(1) of the Contract Disputes Act of 1978 by the
head of the executive agency concerned and by any interested
party, including interested parties who intervene in any
protest filed under this section.
(i) Additional Relief.--Nothing contained in this section
shall affect the power of the Board to order any additional
relief which it is authorized to provide under any statute or
regulation.
(j) Nonexclusivity of Remedies.--Nothing contained in this
section shall affect the right of any interested party to file
a protest with the contracting agency or to file an action in
the United States Court of Federal Claims or in a United States
district court.
SEC. 865. APPLICABILITY TO CONTRACTS FOR COMMERCIAL ITEMS.
Notwithstanding section 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 430), the authority conferred
on the Board by this subtitle is applicable to contracts for
the procurement of commercial items.
PART IV--REPEAL OF OTHER STATUTES AUTHORIZING ADMINISTRATIVE PROTESTS
SEC. 871. REPEALS.
(a) GSBCA Provisions.--Subsection (f) of the Brooks
Automatic Data Processing Act (section 111 of the Federal
Property and Administrative Services Act of 1949; 40 U.S.C.
759) is repealed.
(b) GAO Provisions.--Subchapter V of chapter 35 of title
31, United States Code (31 U.S.C. 3551-3556) is repealed.
PART V--TRANSFERS AND TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SEC. 881. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.
(a) Transfer.--The personnel employed in connection with,
and the assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising
from, available to, or to be made available in connection with
the functions vested by law in the Comptroller General pursuant
to subchapter V of chapter 35 of title 31, United States Code,
and in the boards of contract appeals established pursuant to
section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607)
(as in effect on the day before the effective date of this
Act), shall be transferred to the Board for appropriate
allocation by the Chairman.
(b) Effect on Personnel.--Personnel transferred pursuant to
this subtitle shall not be separated or reduced in compensation
for one year after such transfer, except for cause.
(c) Regulations.--(1) The Board shall prescribe regulations
for the release of competing employees in a reduction in force
that gives due effect to--
(A) efficiency or performance ratings;
(B) military preference; and
(C) tenure of employment.
(2) In prescribing the regulations, the Board shall provide
for military preference in the same manner as set forth in
subchapter I of chapter 35 of title 5, United States Code.
SEC. 882. TERMINATIONS AND SAVINGS PROVISIONS.
(a) Termination of Boards of Contract Appeals.--On the
effective date of this subtitle, the boards of contract appeals
established pursuant to section 8 of the Contract Disputes Act
of 1978 (41 U.S.C. 607) (as in effect on the day before the
effective date of this Act) shall terminate.
(b) Savings Provision for Contract Dispute Matters Pending
Before Boards.--The provisions of this subtitle shall not
affect any proceedings (other than bid protests pending before
the board of contract appeals of the General Services
Administration) pending on the effective date of this Act
before any board of contract appeals described in subsection
(a). Such proceedings shall be continued by the Board, and
orders which were issued in any such proceeding by any board of
contract appeals shall continue in effect until modified,
terminated, superseded, or revoked by the Board, by a court of
competent jurisdiction, or by operation of law.
(c) Bid Protest Transition Provisions.--(1) No protest may
be submitted to the Comptroller General pursuant to section
3553(a) of title 31, United States Code, or to the board of
contract appeals for the General Services Administration
pursuant to the Brooks Automatic Data Processing Act (40 U.S.C.
759) on or after the effective date of this Act.
(2) The provisions repealed by section 871 shall continue
to apply to proceedings pending on the effective date of this
subtitle before the board of contract appeals of the General
Services Administration and the Comptroller General pursuant to
those provisions, until the board or the Comptroller General
determines such proceedings have been completed.
SEC. 883. CONTRACT DISPUTE AUTHORITY OF BOARD.
(a) Section 2 of the Contract Disputes Act of 1978 (41
U.S.C. 601) is amended by striking out paragraph (6) and
inserting in lieu thereof the following:
``(6) the term `Board' means the United States Board
of Contract Appeals; and''.
(b) Section 6(c) of the Contract Disputes Act of 1978 (41
U.S.C. 605(c)) is amended--
(1) in paragraph (4)--
(A) by striking out ``the agency board of
contract appeals'' and inserting in lieu
thereof ``the United States Board of Contract
Appeals''; and
(B) by striking out ``the board'' and
inserting in lieu thereof ``the Board''; and
(2) in paragraph (6)--
(A) by striking out ``an agency board of
contract appeals'' and inserting in lieu
thereof ``the United States Board of Contract
Appeals''; and
(B) by striking out ``agency board'' and
inserting in lieu thereof ``the Board''.
(c) Section 7 of the Contract Disputes Act of 1978 (41
U.S.C. 606) is amended by striking out ``an agency board of
contract appeals'' and inserting in lieu thereof ``the United
States Board of Contract Appeals''.
(d) Section 8 of the Contract Disputes Act of 1978 (41
U.S.C. 607) is amended--
(1) by amending the heading to read as follows:
``united states board of contract appeals'';
(2) by striking out subsections (a), (b), and (c);
(3) in subsection (d)--
(A) by striking out the first sentence and
inserting in lieu thereof the following:
``The United States Board of Contract Appeals shall have
jurisdiction to decide any appeal from a decision of a
contracting officer of any executive agency relative to a
contract made by that agency.''; and
(B) in the second sentence, by striking out
``the agency board'' and inserting in lieu
thereof ``the Board'';
(4) in subsection (e), by striking out ``An agency
board'' and inserting in lieu thereof ``The United
States Board of Contract Appeals'';
(5) in subsection (f), by striking out ``each agency
board'' and inserting in lieu thereof ``the United
States Board of Contract Appeals'';
(6) in subsection (g)--
(A) in the first sentence of paragraph (1),
by striking out ``an agency board of contract
appeals'' and inserting in lieu thereof ``the
United States Board of Contract Appeals'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as
paragraph (2);
(7) by striking out subsections (h) and (i); and
(8) by redesignating subsections (d), (e), (f), and
(g) (as amended) as subsections (a), (b), (c), and (d),
respectively.
(e) Section 9 of the Contract Disputes Act of 1978 (41
U.S.C. 608) is amended--
(1) in subsection (a), by striking out ``each agency
board'' and inserting in lieu thereof ``the United
States Board of Contract Appeals''; and
(2) in subsection (b), by striking out ``the agency
board'' and inserting in lieu thereof ``the Board''.
(f) Section 10 of the Contract Disputes Act of 1978 (41
U.S.C. 609) is amended--
(1) in subsection (a)--
(A) in the first sentence of paragraph (1)--
(i) by striking out ``Except as
provided in paragraph (2), and in'' and
inserting in lieu thereof ``In''; and
(ii) by striking out ``an agency
board'' and inserting in lieu thereof
``the United States Board of Contract
Appeals'';
(B) by striking out paragraph (2); and
(C) by redesignating paragraph (3) as
paragraph (2), and in that paragraph, by
striking out ``or (2)'';
(2) in subsection (b), by striking out ``any agency
board'' and ``the agency board'' and inserting in lieu
of each ``the Board'';
(3) in subsection (c), by striking out ``an agency
board'' and ``the agency board'' and inserting in lieu
of each ``the Board''; and
(4) in subsection (d), by striking out ``one or more
agency boards'' and ``or among the agency boards
involved'' and inserting in lieu of each ``the Board''.
(g) Section 11 of the Contract Disputes Act of 1978 (41
U.S.C. 610) is amended--
(1) in the first sentence, by striking out ``an
agency board of contract appeals'' and inserting in
lieu thereof ``the United States Board of Contract
Appeals''; and
(2) in the second sentence, by striking out ``the
agency board through the Attorney General; or upon
application by the board of contract appeals of the
Tennessee Valley Authority'' and inserting in lieu
thereof ``the Board''.
(h) Section 13 of the Contract Disputes Act of 1978 (41
U.S.C. 612) is amended--
(1) in subsection (b), by striking out ``an agency
board of contract appeals'' and inserting in lieu
thereof ``the United States Board of Contract
Appeals''; and
(2) in subsection (d)(2), by striking out ``by the
board of contract appeals for'' and inserting in lieu
thereof ``by the Board from''.
SEC. 884. REFERENCES TO AGENCY BOARDS OF CONTRACT APPEALS.
Any reference to an agency board of contract appeals in any
provision of law or in any rule, regulation, or other paper of
the United States shall be treated as referring to the United
States Board of Contract Appeals.
SEC. 885. CONFORMING AMENDMENTS.
(a) Title 5.--Section 5372a of title 5, United States Code,
is amended--
(1) in subsection (a)(1), by striking out ``an agency
board of contract appeals appointed under section 8 of
the Contract Disputes Act of 1978'' and inserting in
lieu thereof ``the United States Board of Contract
Appeals'';
(2) in subsection (a)(2), by striking out ``an agency
board of contract appeals established pursuant to
section 8 of the Contract Disputes Act of 1978'' and
inserting in lieu thereof ``the United States Board of
Contract Appeals''; and
(3) in subsection (b), by striking out ``an appeals
board'' each place it appears and inserting in lieu
thereof ``the appeals board''.
(b) Title 10.--(1) Section 2305(e) of title 10, United States
Code, is amended--
(A) in paragraph (1), by striking out ``subchapter V
of chapter 35 of title 31'' and inserting in lieu
thereof ``title IV of the Federal Acquisition Reform
Act of 1995''; and
(B) by striking out paragraph (3).
(2) Section 2305(f) of such title is amended--
(A) in paragraph (1), by striking out ``in
subparagraphs (A) through (F) of subsection (b)(1) of
section 3554 of title 31'' and inserting in lieu
thereof ``section 424(f)(2) of the Federal Acquisition
Reform Act of 1995''; and
(B) in paragraph (2), by striking out ``paragraph (1)
of section 3554(c) of title 31'' and inserting in lieu
thereof ``section 424(g)(1)(A) of the Federal
Acquisition Reform Act of 1995''.
(c) Federal Property and Administrative Services Act of
1949.--(1) Section 303B(h) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b(h)) is
amended--
(A) in paragraph (1), by striking out ``subchapter V
of chapter 35 of title 31'' and inserting in lieu
thereof ``title IV of the Federal Acquisition Reform
Act of 1995''; and
(B) by striking out paragraph (3).
(2) Section 303B(i) of such Act (41 U.S.C. 253b(i)) is
amended--
(A) in paragraph (1), by striking out ``in
subparagraphs (A) through (F) of subsection (b)(1) of
section 3554 of title 31'' and inserting in lieu
thereof ``section 424(f)(2) of the Federal Acquisition
Reform Act of 1995''; and
(B) in paragraph (2), by striking out ``paragraph (1)
of section 3554(c) of title 31'' and inserting in lieu
thereof ``section 424(g)(1)(A) of the Federal
Acquisition Reform Act of 1995''.
PART VI--EFFECTIVE DATE; INTERIM APPOINTMENT AND RULES
SEC. 891. EFFECTIVE DATE.
This subtitle shall take effect on October 1, 1996.
SEC. 892. INTERIM APPOINTMENT.
The Board judge serving as chairman of the board of contract
appeals of the General Services Administration on the date of
the enactment of this Act shall serve as Chairman during the
two-year period beginning on the effective date of this
subtitle, unless such individual resigns such position or the
position otherwise becomes vacant before the expiration of such
period. The authority vested in the President by section 853
shall take effect upon the expiration of such two-year period
or on the date such position is vacated, whichever occurs
earlier.
SEC. 893. INTERIM RULES.
(a) Rules of Procedure.--Until such date as the Board
promulgates rules of procedure, the rules of procedure of the
board of contract appeals of the General Services
Administration, as in effect on the effective date of this Act,
shall be the rules of procedure of the Board.
(b) Rules Regarding Board Judges.--Until such date as the
Board promulgates rules governing the establishment and
maintenance of a register of eligible applicants and the
selection of Board judges, the rules of the Armed Services
Board of Contract Appeals governing the establishment and
maintenance of a register of eligible applicants and the
selection of board members shall be the rules of the Board
governing the establishment and maintenance of a register of
eligible applicants and the selection of Board judges, except
that any provisions of the rules of the Armed Services Board of
Contract Appeals that authorize any individual other than the
chairman of such board to select a Board judge shall have no
effect.
Subtitle E--Effective Dates and Implementation
SEC. 895. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date.--Except as otherwise provided in this
title, this title and the amendments made by this title shall
take effect on the date of the enactment of this Act.
(b) Applicability of Amendments.--(1) An amendment made by
this title shall apply, in the manner prescribed in the final
regulations promulgated pursuant to section 896 to implement
such amendment, with respect to any solicitation that is
issued, any unsolicited proposal that is received, and any
contract entered into pursuant to such a solicitation or
proposal, on or after the date described in paragraph (3).
(2) An amendment made by this title shall also apply, to the
extent and in the manner prescribed in the final regulations
promulgated pursuant to section 896 to implement such
amendment, with respect to any matter related to--
(A) a contract that is in effect on the date
described in paragraph (3);
(B) an offer under consideration on the date
described in paragraph (3); or
(C) any other proceeding or action that is ongoing on
the date described in paragraph (3).
(3) The date referred to in paragraphs (1) and (2) is the
date specified in such final regulations. The date so specified
shall be October 1, 1996, or any earlier date that is not
within 30 days after the date on which such final regulations
are published.
SEC. 896. IMPLEMENTING REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Federal
Acquisition Regulation and such other proposed regulations (or
revisions to existing regulations) as may be necessary to
implement this title shall be published in the Federal Register
not later than 210 days after the date of the enactment of this
Act.
(b) Public Comment.--The proposed regulations described in
subsection (a) shall be made available for public comment for a
period of not less than 60 days.
(c) Final Regulations.--Final regulations shall be published
in the Federal Register not later than 330 days after the date
of enactment of this Act.
(d) Modifications.--Final regulations promulgated pursuant to
this section to implement an amendment made by this title may
provide for modification of an existing contract without
consideration upon the request of the contractor.
(e) Savings Provisions.--(1) Nothing in this title shall be
construed to affect the validity of any action taken or any
contract entered into before the date specified in the
regulations pursuant to section 895(b)(3) except to the extent
and in the manner prescribed in such regulations.
(2) Except as specifically provided in this title, nothing in
this title shall be construed to require the renegotiation or
modification of contracts in existence on the date of the
enactment of this Act.
(3) Except as otherwise provided in this title, a law amended
by this title shall continue to be applied according to the
provisions thereof as such law was in effect on the day before
the date of the enactment of this Act until--
(A) the date specified in final regulations
implementing the amendment of that law (as promulgated
pursuant to this section); or
(B) if no such date is specified in regulations,
October 1, 1996.
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2. An Amendment To Be Offered by Representative Collins of Illinois or
a Designee Offered to the Amendment of Representative Clinger of
Pennsylvania, Consisting of an Amendment Printed in the Congressional
Record not Later Than June 13, 1995, Debatable for 40 Minutes
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Subpart D: Ballistic Missile Defense
1. An Amendment To Be Offered by Representative Spratt of South
Carolina or a Designee, Debatable for 20 Minutes
Strike out section 232 (page 31, line 17 through page 32,
line 4), and insert in lieu thereof the following new section.
SEC. 232. BALLISTIC MISSILE DEFENSE POLICY OF THE UNITED STATES.
It is the policy of the United States--
(1) to deploy at the earliest practical date highly
effective theater missile defenses (TMD) to protect
forward-deployed and expeditionary elements of the
Armed Forces of the United States and to complement the
missile defense capabilities of our allies and forces
friendly to the United States; and
(2) to develop, test, and deploy, at the earliest
practical dates, a national missile defense system
(NMD) that complies with the ABM Treaty and is capable
of providing a highly effective defense of the United
States against limited ballistic missile attacks.
Page 32, strike out line 17 and all that follows through
line 5 on page 33 and insert in lieu thereof the following:
(1) Up to 100 ground-based interceptors at the site
now designated by the ABM Treaty or additional ground-
based interceptors at such other site or sites as the
Secretary of Defense may recommend if deployment of
ground-based interceptors at more than one site is
allowed by amendment to the ABM Treaty.
(2) Fixed, ground-based radars.
(3) Space-based sensors that are capable of acquiring
and tracking incoming reentry vehicles as an adjunct to
ground-based radars.
(4) Battle management, communication, and control
systems integrated with ground-based radars and space-
based sensors.
Page 38, line 5, strike out ``DEFINED''.
Page 38, line 6, insert ``(a) Definition.--'' before ``For
purposes of''.
Page 38, at the end of line 11, strike out the period and
insert the following;
and all Agreed Statements and amendments to such Treaty in
effect as of the date of the enactment of this Act or made
after such date.
Page 38, after line 11, insert the following:
(b) Interpretation.--Nothing in this subtitle shall be
interpreted to violate, or to authorize the violation by the
United States of, the ABM Treaty. Any provision of this
subtitle that authorizes or requires the United States to
deviate from the ABM Treaty is premised on the assumption that
before any such action is taken amendments will be made to the
Treaty to make such provision compliant with the Treaty.
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2. An Amendment To Be Offered by Representative Dellums of California
or a Designee, Debatable for 20 Minutes
Page 38, line 18, insert ``(a) In General.--'' before ``Of
the amounts''
Page 38, line strike $3,070,199,000 and insert
$2,442,199,000.
Page 38, after line 22, insert the following:
(b) Reduction.--The amounts provided in subsection (a) and
in section 201(4) are each hereby reduced by $628,000,000
(d) Natural Missile Defense Amount.--Of the amount provide
in subsection (a) (as reduced by subsection (b)), $371,000,000
is for the National Missile Defense program.
At the end of title IV (page 161, after line 3), insert the
following new section:
SEC. 483. ADDITIONAL MILITARY PERSONNEL AUTHORIZATION.
There is hereby authorized to be appropriated to the
Department of Defense for fiscal year 1996 for military
personnel the sum of $628,000,000. Of the amount appropriated
pursuant to such authorization--
(1) $150,000,000 (or the full amount appropriated,
whichever is less) shall be for increased payments for
the Variable Housing Allowance program under section
403a of title 37, United States Code, by reason of the
amendments made by section 604; and
(2) any remaining amount shall be allocated, in such
manner as the Secretary of Defense prescribes, for
payments for the Variable Housing Allowance and the
Basic Allowance for Quarters in such a manner as to
minimize the need for enlisted personnel to apply for
food stamps.
Page 280, beginning on line 19, strike out ``beginning
after June 30, 1996'' and inserting in lieu thereof ``after
September 1995''.
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Subpart E: Burdensharing
1. An Amendment To Be Offered by Representative Shays of Connecticut or
Representative Frank of Massachusetts or a Designee, Debatable for 40
Minutes
At the end of title XII (page 409, after line 18), insert the
following new section:
SEC. 1228. REDUCTION OF UNITED STATES MILITARY FORCES IN EUROPE.
(a) End Strength Reductions for Military Personnel in
Europe.--Notwithstanding section 1002(c)(1) of the National
Defense Authorization Act, 1985 (22 U.S.C. 1928 note), but
subject to subsection (d), for each of fiscal years 1996, 1997,
1998, and 1999, the Secretary of Defense shall reduce the end
strength level of members of the Armed Forces of the United
States assigned to permanent duty ashore in European member
nations of the North Atlantic Treaty Organization (NATO) in
accordance with subsection (b).
(b) Reduction Formula.--
(1) Application of formula.--For each percentage
point by which, as of the end of a fiscal year, the
allied contribution level determined under paragraph
(2) is less than the allied contribution goal specified
in subsection (c), the Secretary of Defense shall
reduce the end strength level of members of the Armed
Forces of the United States assigned to permanent duty
ashore in European member nations of NATO by 1,000 for
the next fiscal year. The reduction shall be made from
the end strength level in effect, pursuant to section
1002(c)(1) of the National Defense Authorization Act,
1985 (22 U.S.C. 1928 note), and subsection (a) of this
section (if applicable), for the fiscal year in which
the allied contribution level is less than the goal
specified in subsection (c).
(2) Determination of allied contribution level.--To
determine the allied contribution level with respect to
a fiscal year, the Secretary of Defense shall calculate
the aggregate amount of nonpersonnel costs for United
States military installations in European member
nations of NATO that are assumed during that fiscal
year by such nations, except that the Secretary may
consider only those cash and in-kind contributions by
such nations that replace expenditures that would
otherwise be made by the Secretary using funds
appropriated or otherwise made available in defense
appropriations Acts.
(c) Annual Allied Contribution Goals.--
(1) Goals.--In continuing efforts to enter into
revised host-nation agreements as described in the
provisions of law specified in paragraph (2), the
President is urged to seek to have European member
nations of NATO assume an increased share of the
nonpersonnel costs of United States military
installations in those nations in accordance with the
following timetable:
(A) By September 30, 1996, 18.75 percent of
such costs should be assumed by those nations.
(B) By September 30, 1997, 37.5 percent of
such costs should be assumed by those nations.
(C) By September 30, 1998, 56.25 percent of
such costs should be assumed by those nations.
(D) By September 30, 1999, 75 percent of such
costs should be assumed by those nations.
(2) Specified laws.--The provisions of law referred
to in paragraph (1) are--
(A) section 1301(e) of National Defense
Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2545);
(B) section 1401(c) of the National Defense
Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1824); and
(C) section 1304 of the National Defense
Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2890),
(d) Exceptions.--
(1) Minimum end strength authority.--Notwithstanding
reductions required pursuant to subsection (a), the
Secretary of Defense may maintain an end strength of at
least 25,000 members of the Armed Forces of the United
States assigned to permanent duty ashore in European
member nations of NATO.
(2) Waiver authority.--The President may waive
operation of this section if the President declares an
emergency. The President shall immediately inform
Congress of any such waiver and the reasons for the
waiver.
(e) Allocation of Force Reductions.--To the extent that there
is a reduction in end strength level for any of the Armed
Forces in European member nations of NATO in a fiscal year
pursuant to subsection (a)--
(1) half of the reduction shall be used to make a
corresponding reduction in the authorized end strength
level for active duty personnel for such Armed Force
for that fiscal year; and
(2) half of the reduction shall be used to make a
corresponding increase in permanent assignments or
deployments of forces in the United States or other
nations (other than European member nations of NATO)
for each such Armed Force for that fiscal year, as
determined by the Secretary of Defense.
(f) Nonpersonnel Costs Defined.--For purposes of this
section, the term ``nonpersonnel costs'', with respect to
United States military installations in European member nations
of NATO, means costs for those installations other than costs
paid from military personnel accounts.
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Subpart F: Tritium
1. An Amendment To Be Offered by Representative Markey of Massachusetts
or a Designee, Debatable for 40 Minutes
In section 3133:
Page 528, line 17, strike out ``Funds'' and all that
follows through page 529, line 9, and insert in lieu thereof
the following:
(1) Of the amounts authorized to be appropriated in section
3101(b), not more than $50,000,000 shall be available for a
project to provide a long-term source of tritium, subject to
paragraph (2).
(2) The amount made available under paragraph (1) may not
be used until such time as the Secretary of Energy has
completed a record of decision on a tritium production program
and congressional hearings have been conducted to determine the
appropriate option, in light of the national security needs and
nonproliferation and environmental consequences, for
establishing a long-term source of tritium.
Page 530, strike out lines 1 through 9.
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Subpart G: Abortion
1. An Amendment To Be Offered by Representative DeLauro of Connecticut
or a Designee, Debatable for 40 Minutes
Page 311, strike out lines 1 through 13, relating to
section 732 (expansion of existing limitations on the use of
defense funds for the performance of abortions).
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PART 2
(Amendments debatable for 10-minutes each. Amendments may
be included in Chairman's amendments en bloc, debatable for 20
minutes.)
1. An Amendment To Be Offered by Representative Schroeder of Colorado
or a Designee
Page 175, before line 17, insert the following new
subsection:
(c) Contingent Implementation Based Upon Cost-Benefit
Analysis.--The amendments made by subsection (a) shall take
effect at the end of the 90-day period beginning on the date of
the enactment of this Act, except that such amendments shall
not take effect if the cost benefit analysis under subsection
(d), as certified by the Secretary of Defense under that
subsection, demonstrates that the benefits of implementation of
such amendments exceed the costs to the Department of Defense
of such implementation.
(d) Cost-Benefit Analysis.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the anticipated costs, and
the anticipated benefits, to the Department of Defense of
implementation of the amendments made by subsection (a). In
carrying out the analysis required for preparation of such
report, the Secretary shall determine whether the benefits to
the Department of Defense of implementing those amendments
exceed the costs to the Department of Defense of such
implementation. If the Secretary determines that such benefits
exceed such costs, the Secretary shall certify that
determination in the report.
----------
2. An Amendment To Be Offered by Representative Hoke of Colorado or a
Designee
At the end of title XII (page 409, after line 18), insert
the following new section:
SEC. 1228. SENSE OF CONGRESS CONCERNING UNILATERAL IMPLEMENTATION OF
START II TREATY.
(a) Findings.--Congress finds that--
(1) the START II Treaty has not entered into force;
and
(2) the United States is nevertheless taking
unilateral steps to implement the reductions in
strategic forces called for by that treaty.
(b) Sense of Congress.--It is the sense of Congress
that the Secretary of Defense should not implement any
reduction in strategic forces that is called for in the
START II Treaty unless and until that treaty enters
into force.
(c) Definitions.--For purposes of this section, the
term ``START II Treaty'' means the Treaty between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive
Arms.
----------
3. An Amendment To Be Offered by Representative Berman of California or
a Designee
Strike out section 1224 (page 398, line 22 through page
402, line 22).
----------
4. An Amendment To Be Offered by Representative Montgomery of
Mississippi or a Designee
Page 216, strike lines 16 through 18.
Page 217, after line 6 insert the following:
(d) One-Year Extension of National Guard Civilian Youth
Opportunities Pilot Program.--Section 1091(a) of the National
Defense Authorization Act for Fiscal Year 1993 is amended by
striking out ``During fiscal years 1993 through 1995'' and
inserting in lieu thereof ``During fiscal years 1993 through
1996''.
(e) Report on Alternative Funding Sources.--Not later than
six months after the date of the enactment of this Act, the
Secretary of Defense, acting through the Chief of the National
Guard Bureau, shall submit to Congress a report describing what
funding sources, if any, are available (from other Federal
agencies or from the private sector) to carry out the National
Guard Civilian Youth Opportunities Pilot Program under the
section other than through the use of funds appropriated to the
Department of Defense.
----------
5. An Amendment To Be Offered by Representative Buyer of Indiana or a
Designee
At the end of title V (page 274, after line 11), insert the
following new section:
SEC. 566. LIMITATION ON CIVIL-MILITARY PROGRAMS.
(a) Limitation.--The Secretary of Defense may not obligate
funds available to the Department of Defense for any fiscal
year for participation during that fiscal year in a program
specified in subsection (b) unless the Secretary has submitted
to Congress a certification with respect to that fiscal year
that--
(1) funds are otherwise available for that fiscal
year for all requirements for personnel and equipment
for units of the Selected Reserve that are designated
for early deployment;
(2) funds are otherwise available for that fiscal
year for all requirements for individual training and
professional development education for members of the
reserve components; and
(3) the obligation of funds that the Secretary
proposes to make for such fiscal year for participation
in such programs is a higher priority than making such
funds available for reserve component readiness
(exclusive of such programs).
(b) Covered Programs.--Subsection (a) applies with respect
to the programs authorized in section 410 of title 10, United
States Code, and sections 1045, 1091, and 1093 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484).
----------
6. An Amendment To Be Offered by Representative Mica of Florida or a
Designee
At the end of subtitle C of title I (page 20, after line
25), insert the following new section:
SEC. 134. SONOBUOY PROGRAMS.
Of the amount provided in section 102(a)(4)--
(1) none of such amount shall be available for the
AN/SSQ-53 (DIFAR) program; and
(2) $8,902,000 shall be available for the AN/SSQ-110
(EER) program.
----------
7. An Amendment To Be Offered by Representative Hansen of Utah or a
Designee
At the end of subtitle E of title I (page 22, after line
14), insert the following new section:
SEC. 153. ASSISTANCE FOR CHEMICAL WEAPONS STOCKPILE COMMUNITIES
AFFECTED BY BASE CLOSURE.
The Secretary of Defense shall review and evaluate issues
associated with closure of Department of Defense facilities co-
located with continuing chemical stockpile and chemical
demilitarization operations. The review shall include analysis
of the economic impacts on these communities and the unique
reuse problems facing local communities associated with ongoing
chemical weapons programs. The review should also include
recommendations from the Secretary on methods for expeditious
and cost-effective transfer of these facilities to local
communities for base reuse or privatization. The Secretary
shall submit to Congress a report on the review and evaluation
not later than 30 days after the date of the enactment of this
Act.
----------
8. An Amendment To Be Offered by Representative Bateman of Virginia or
a Designee
At the end of subtitle B of title II (page 31, after line
11), insert the following new section:
SEC. 217. DEVELOPMENT OF LASER PROGRAM.
(a) Laser Program.--The amount authorized for appropriation
by section 201 is hereby increased by $9,000,000, to be used
for the development by the Naval High Energy Laser Office of a
continuous wave, superconducting radio frequency free electron
laser program.
(b) Offset.--The amount authorized by section 201 is hereby
reduced by $9,000,000, of which--
(1) $7,000,000 shall be derived from amounts
authorized for experimental evaluation of major
innovative technologies (PE 63226E); and
(2) $2,000,000 shall be derived from amounts
authorized for the space test program (PE 63402F).
----------
9. An Amendment To Be Offered by Representative Harman of California or
a Designee
In section 257(e):
Page 54, line 9, strike out ``(that'' and insert in lieu
thereof ``and other entities that''.
Page 54, line 10, strike out the closing parenthesis after
``centers''.
Page 55, line 1, insert after ``section 201'' the
following: ``for federally funded research and development
centers, university-affiliated research centers, and other
entities that operate like federally funded research and
development centers''.
----------
10. An Amendment To Be Offered by Representative Hansen of Utah or a
Designee
At the end of title II (page 61, after line 2), insert the
following new section:
SEC. 263. FIBER OPTIC ACOUSTIC SENSOR SYSTEM.
(a) Fiber Optic Acoustic Sensor System.--Of the amount
appropriated pursuant to the authorization in section 201,
$28,181,000 shall be available for fiscal year 1996 for the
advanced submarine combat systems development program (PE
63504N). Of that amount, $6,900,000 shall be available for
research and development of a fiber optic acoustic sensor
system, including the development of common optical towed
arrays.
(b) Offset.--The amount authorized in section 201 for the
advanced submarine system development program (PE 63561N) is
hereby reduced by $6,900,000.
----------
11. An Amendment To Be Offered by Representative Hansen of Utah or a
Designee
At the end of title II (page 61, after line 2), insert the
following new sections:
SEC. 263. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
Of the amount appropriated pursuant to the authorization is
section 201 for the joint Department of Defense-Department of
Energy munitions technology development program (PE 63225D),
$15,000,000 shall be available for cooperative development and
demonstration of processes that comply with applicable
environmental laws for the demilitarization and disposal of
unserviceable, obsolete, or nontreaty compliant munitions,
rocket motors, and explosives. In carrying out such development
and demonstration, the Secretary of Defense and the Secretary
of Energy should consider a number of potential technologies,
including super-critical water oxidation, molten metal
pyrolysis, plasma arc, catalytic fluidized-bed oxidation,
molten salt oxidation, incineration, critical fluid extraction
and ingredient recovery, and underground contained burning.
----------
12. An Amendment To Be Offered by Representative Cunningham of
California or a Designee
At the end of title II (page 61, after line 2), insert the
following new section:
SEC. 263. JOINT TARGETING SUPPORT SYSTEM TESTBED.
(a) Joint Targeting Support System Testbed.--The amount
authorized in section 201(2) for theater mission planning
(project A1784) is hereby increased by $10,000,000, to be used
to establish a joint targeting support system testbed (in PE
0204229N).
(b) Offset.--The amount authorized in section 201(2) for
the Tomahawk (project A0545) is hereby reduced by $10,000,000.
----------
13. An Amendment To Be Offered by Representative Bateman of Virginia or
a Designee
Page 80, strike out line 21 and all that follows through
line 17 on page 81, relating to section 335 of the bill
(termination of overseas living quarters allowances for
nonappropriated fund instrumentality employees), and insert the
following new section:
SEC. 335. LIMITATION ON PROVISION OF OVERSEAS LIVING QUARTERS
ALLOWANCES FOR NONAPPROPRIATED FUND INSTRUMENTALITY
EMPLOYEES.
(a) Conforming Allowance to Allowances for Other Civilian
Employees.--Subject to subsection (b), any overseas living
quarters allowance paid from nonappropriated funds and provided
to a nonappropriated fund instrumentality employee after the
date of the enactment of this Act may not exceed the amount of
a quarters allowance provided under subchapter III of chapter
59 of title 5 to a similarly situated civilian employee of the
Department of Defense paid from appropriated funds.
(b) Application to Certain Current Employees.--In the case
of a nonappropriated fund instrumentality employee who, as of
the date of the enactment of this Act, receives an overseas
living quarters allowance under any other authority, subsection
(a) shall apply to such employee only after the earlier of--
(1) September 30, 1998; or
(2) the date on which the employee otherwise ceases
to be eligible for such an allowance under such other
authority.
(c) Nonappropriated Fund Instrumentality Employee
Defined.--For purposes of this section, the term
``nonappropriated fund instrumentality employee'' has the
meaning given such term in section 1587(a)(1) of title 10,
United States Code.
----------
14. An Amendment To Be Offered by Representative Dunn of Washington or
a Designee
Page 98, strike out lines 3 through 8, relating to section
359 of the bill (increase in commercial procurement of printing
and duplication services), and insert the following new
section:
SEC. 359. COMMERCIAL PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.
Consistent with the requirements of title 44, United States
Code, during fiscal year 1996, the Defense Printing Service
Code, during fiscal year 1996, the Defense Printing Service
shall competitively procure up to 70 percent of its printing
and duplication services.
----------
15. An Amendment To Be Offered by Representative Smith of Michigan or a
Designee
On page 101, strike section 361 and insert the following
new section:
SEC. 361. OPERATIONS OF DEFENSE REUTILIZATION AND MARKETING SERVICE.
The Secretary of Defense shall proceed with selective
privatization of the operations of the unit of the Defense
Logistics Agency known as the Defense Reutilization and
Marketing Service in accordance with the objectives of the
National Performance Review and shall report to Congress by
July 1, 1996, the status of the privatization efforts.
16. An Amendment To Be Offered by Representative Duncan of Tennessee or
a Designee
Strike out section 367 (page 107, line 16, through page
108, line 2) and insert in lieu thereof the following:
SEC. 367. INCREASED RELIANCE ON THE PRIVATE SECTOR.
(a) General Rule.--The Secretary of Defense shall endeavor
to carry out through an entity in the private sector any
activity to provide a commercial product or service for the
Department of Defense if--
(1) the product or serve can be provided through a
source in the private sector; and
(2) an adequate competitive environment exists to
provide for economical accomplishment of the function
by the private sector.
(b) Applicability.--(1) Subsection (a) shall not be
construed to apply to any commercial product or service with
respect to which the Secretary of Defense determines that--
(A) production, manufacture, or provision of that
product or service by the Government is necessary for
reasons of national security; or
(B) the product or service is so inherently
governmental in nature that it is in the public
interest to require production or performance,
respectively, by the Department of Defense.
(2) A determination under paragraph (1) shall be made in
accordance with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section. Such regulations
shall be prescribed in consultation with the Director of the
Office of Management and Budget
(d) Report.--(1) The Secretary of Defense shall identify
all activities of the Department of Defense that are carried
out to provide commercial products or services for the
Department of Defense and that are carried out by personnel of
the Department of Defense (other than activities specified by
the Secretary pursuant to subsection (b)).
(2) The Secretary shall transmit to Congress, not later
than April 15, 1996, a report on matters relating to increased
use of the private sector for the performance of commercial
functions for the Department of Defense. The report shall
include a list of all activities identified under paragraph
(1). With respect to each such activity, the report shall
indicate whether the activity is performed by the private
sector or by personnel of the Department of Defense. In the
case of any such activity performed by the Department of
Defense, the report shall indicate whether the Secretary
proposes to convert the performance of such activity to
performance by the private sector and, if not, the reasons why.
(3) The report shall include--
(A) a description of the advantages and disadvantages
of using contractor personnel rather than employees of
the Department of Defense, to perform functions of the
Department that are not essential to the warfighting
mission of the Armed Forces;
(B) specification of all legislative and regulatory
impediments to contracting those functions for private
performance; and
(C) the views of the Secretary of Defense on the
desirability of terminating the applicability of OMB
Circular A-76 to the Department of Defense.
(4) The Secretary shall carry out paragraph (1) in
consultation with the Director of the Office of Management and
Budget and the Comptroller General of the United States. In
carrying out that paragraph, the Secretary shall consult with,
and seek the views of, representatives of the private sector,
including organizations representing small businesses.
----------
17. An Amendment To Be Offered by Representative Bateman of Virginia or
a Designee
Page 120, line 22, insert after ``law enforcement'' the
following: ``or emergency response''.
----------
18. An Amendment To Be Offered by Representative Edwards of Texas or
Representative Gillmor of Ohio or a Designee
Page 121, strike out line 3 and all that follows through line
23 on page 130, relating to section 384 of the bill (conversion
of civilian marksmanship program to nonappropriated fund
instrumentality), and insert in lieu thereof the following new
section:
SEC. 384. CONVERSION OF THE CIVILIAN MARKSMANSHIP PROGRAM TO A
FEDERALLY CHARTERED NONPROFIT CORPORATION.
(a) Corporation.--
(1) Establishment.--There is hereby established a
private nonprofit corporation, to be known as the
Corporation for the Promotion of Rifle Practice and
Firearms Safety (in this section referred to as the
``Corporation''), for the promotion of rifle practice
and firearms safety.
(2) Duties.--The Corporation shall be responsible for
the supervision, oversight, and control of the Civilian
Marksmanship Program.
(3) Membership.--The Corporation shall have a board
of directors consisting of nine members. Each member
shall serve for a two-year term, except for four
members of the initial board of directors, who shall
serve a one-year term, and shall be eligible for
reappointment. The private members of the National
Board for the Promotion of Rifle Practice, as in
existence on the day before the date of the enactment
of this Act, shall forward nominations for membership
on the initial board of directors of the Corporation to
the governing body designated by the United States
Olympic Committee for international rifle and pistol
competition (in this section referred to as the ``USOC
designee'') not later than 10 days after the date of
the enactment of this Act. Unless the nomination is
rejected by the USOC designee by written notification
to the existing members of the National Board within 30
days of the nomination, the nominee shall be seated as
a member of the board of directors of the Corporation.
Members of the board of directors shall nominate
individuals to fill subsequent vacancies within 10 days
of the vacancy, with a right of rejection reserved to
the USOC designee by written notification to the
Corporation within 30 days of each nomination.
(4) Director of civilian marksmanship and staff.--The
Corporation shall appoint a person to serve as the
Director of Civilian Marksmanship, who shall be
responsible for the day to day operations of the
Corporation and the Civilian Marksmanship Program.
Subject to the approval of the Corporation, the
Director and civilian employees of the Corporation may
enroll or remain enrolled without penalty or loss of
credit in all pension and benefits programs available
to civilian employees of the Department of Defense, the
employer's contribution to be paid by the Corporation.
(b) Solicitation and Receipt of Funds.--
(1) In general.--The Corporation and the Director may
solicit, accept, hold, use, and dispose of, in
furtherance of the activities of the Civilian
Marksmanship Program, donations of money, property, and
services received by gift, devise, bequest, or
otherwise.
(2) Use of proceeds.--Amounts collected by the
Civilian Marksmanship Program, including the proceeds
from the sale of arms, ammunition, targets and other
supplies and appliances, shall be used to carry out the
Civilian Marksmanship Program.
(3) Transfer of funds.--Amounts available to the
National Board for the Promotion of Rifle Practice as
of the date of enactment of this Act from rifle sales
programs and from fees in connection with competitions
sponsored by that board shall be transferred to the
Corporation to carry out the Civilian Marksmanship
Program.
(4) Fees charged.--The Corporation may impose such
reasonable fees as are necessary to cover the direct
and indirect costs to the Corporation, for persons and
gun clubs participating in any program or competition
conducted under the Civilian Marksmanship Program for
the promotion of rifle practice and firearms safety
among civilians.
(c) Responsibilities.--The Corporation, through the Civilian
Marksmanship Program, shall provide for--
(1) the operation and maintenance of indoor and
outdoor rifle ranges and their accessories and
appliances;
(2) the instruction of citizens of the United States
in marksmanship, and the employment of trained
instructors for the purpose;
(3) the promotion of practice in the use of rifled
arms and the maintenance and management of matches and
competitions in the use of those arms; and
(4) the award to competitors of trophies, prizes,
badges, and other insignia.
(d) Youth Activities.--The Corporation, through the Civilian
Marksmanship Program, shall give priority to activities that
benefit firearms safety training and competition for youth and
reach as many youth participants as possible.
(e) Eligibility.--
(1) Affidavit.--Before a person may participate in
any activity sponsored or supported by the Civilian
Marksmanship Program, the person shall be required to
certify by affidavit the following:
(A) The person has not been convicted of any
violation of section 922 of title 18, United
States Code. The Director may require any
person to attach certification from the
appropriate State or Federal law enforcement
agency to the person's affidavit.
(B) The person is not a member of any
organization that advocates the violent
overthrow of the United States Government.
(2) Effect of conviction.--A person who has been
convicted of a violation of section 922 of title 18,
United States Code, shall not be eligible to
participate in any activity sponsored or supported by
the Corporation through the Civilian Marksmanship
Program.
(3) Further limitations on participation.--The
Director may limit participation as necessary to ensure
quality instruction in the rifled arms, participant
safety, and firearms security.
(f) Arms and Ammunition.--
(1) Issuance.--The Corporation may issue, without
cost, the arms, ammunition (including caliber .22 and
caliber .30 ammunition), targets, and other supplies
and appliances necessary for activities related to the
Civilian Marksmanship Program. Issuance shall be made
only to gun clubs under the direction of the
Corporation that provide training in the use of rifled
arms to youth, the Boy Scouts of America, 4-H Clubs,
Future Farmers of America, and other youth-oriented
organizations for training and competition. The
Corporation shall be responsible for ensuring adequate
oversight and accountability for these arms and
ammunition.
(2) Sale to clubs.--The Corporation may sell at fair
market value caliber .30 rifles and ammunition for
caliber .30 rifles, .22 rifles, and air rifles to gun
clubs that are under the direction of the Corporation
and provide training in the use of rifled arms. In lieu
of sales, the Civilian Marksmanship Program may loan
caliber .30 rifles, .22 rifles, and air rifles to such
clubs, but the Corporation is responsible for ensuring
the oversight and accountability of such rifles.
(3) Sale to individuals.--The Corporation may sell at
fair market value caliber .30 rifles, ammunition,
targets, and other supplies and appliances necessary
for target practice to citizens of the United States
over 18 years of age who are members of a gun club
under the direction of the Corporation. Such sales are
subject to applicable Federal, State, and local laws.
In addition to any other requirement, the Corporation
shall provide for a criminal records check of the
person with appropriate Federal and State law
enforcement agencies, and the Corporation shall not
sell weapons or ammunition to a person who has been
convicted of a felony or Federal or State firearms
violation.
(g) Other Duties.--The Corporation shall provide for or
assist in providing for--
(1) the procurement of necessary supplies,
appliances, trophies, prizes, badges, and other
insignia, clerical and other services, and labor to
carry out the Civilian Marksmanship Program; and
(2) transportation of employees, instructors, and
civilians to give or receive instruction or to assist
or engage in practice in the use of rifled arms, and
the transportation and subsistence, or an allowance in
lieu of subsistence, of members of teams authorized by
the Corporation to participate in matches or
competitions in the use of rifled arms.
(h) Authority of Secretary of Defense to Sell Surplus Arms
and Ammunition.--Subject to section 1208 of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 10 U.S.C. 372 note), relating to the
transfer of excess small arms and ammunition to support
Government counter-drug activities, the Secretary of the Army
shall reserve for the Civilian Marksmanship Program all
remaining M-1 Garand rifles, and ammunition for such rifles,
held by the Army on the date of the enactment of this Act.
After such date, the Secretary of the Army shall cease
demilitarization of remaining M-1 Garand rifles in the Army
inventory unless such rifles are determined to be irreparable
by the Defense Logistics Agency. Any transfers of arms and
ammunition to the Corporation under this section shall be made
without cost to the Civilian Marksmanship Program, except that
the Corporation shall assume the cost of preparation and
transportation of the transferred rifles.
(i) Logistical Support to Civilian Marksmanship Program.--The
Secretary of Defense, under such regulations as the Secretary
may prescribe, may provide logistical support to the Civilian
Marksmanship Program, for competitions and other activities
conducted by the Corporation. The Secretary shall recoup only
the incremental cost for this support from the Corporation. The
National Matches may continue to be held at the current
Department of Defense facilities as part of the support
authorized under this section.
(j) Repeal.--(1) Sections 4307, 4308, 4310, and 4311 of title
10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter 401 of
such title is amended by striking out the items relating to
sections 4307, 4308, 4310, and 4311.
----------
19. An Amendment To Be Offered by Representative Lewis of California or
Representative Skeen of New Mexico or a Designee
At the end of title III (page 153, after line 25), insert
the following new section:
SEC. 396. AUTHORIZED EXPANSION OF SOUTHWEST BORDER STATES ANTI-DRUG
INFORMATION SYSTEM.
(a) Finding.--Congress finds that the Southwest Border
States Anti-Drug Information Systems program is an essential
component of the counter-drug program of the Department of
Defense.
(b) Expansion of Program.--Using such funds as may be made
available to carry out the Southwest Border States Anti-Drug
Information Systems program, the Secretary of Defense shall
begin implementation of phase II of this program during fiscal
year 1996.
----------
20. An Amendment To Be Offered by Representative Dornan of California
or a Designee
At the end of subtitle B of title V (page 189, after line
7), insert the following new section:
SEC. 519. ACTIVITY DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) Associate Units--Subsection (a) of section 1131 of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2540) is amended to read as follows:
``(a) Associate Units.--The Secretary of the Army shall
require--
``(1) that each ground combat maneuver brigade of the
Army National Guard that (as determined by the
Secretary) is essential for the execution of the
National Military Strategy be associated with an
activity-duty combat unit; and
``(2) that combat support and combat service support
units of the Army Selected Reserve that (as determined
by the Secretary) are essential for the execution of
the National Military Strategy be associated with
activity-duty units.''.
(b) Responsibilities.--Subsection (b) of such section is
amended--
``(1) by striking out ``National Guard combat unit''
in the matter preceding paragraph (1) and inserting in
lieu thereof ``National Guard unit or Army Selected
Reserve unit that (as determined by the Secretary under
subsection (a)) is essential for the execution of the
National Military Strategy''; and
``(2) by striking out ``of the National Guard unit''
in paragraphs (1), (2), (3), and (4) and inserting in
lieu thereof ``of that unit''.
----------
21. An Amendment To Be Offered by Representative Gilman of New York or
a Designee
Strike out section 563 (page 238, line 1, through page 271,
line 19) and insert in lieu thereof the following:
SEC. 563. DETERMINATION OF WHEREABOUTS AND STATUS OF MISSING PERSONS.
(a) Purpose.--The purpose of this section is to ensure that
any member of the Armed Forces, and any civilian employee of
the United States or contractor of the United States who serves
with or accompanies the Armed Forces in the field under orders,
is accounted for by the United States (by the return of such
person alive, by the return of the remains of such person, or
by the decision that credible evidence exists to support
another determination of the status of such person) and, as a
general rule, is not declared dead solely because of the
passage of time.
(b) In General.--(1) Part II of subtitle A of title 10,
United States Code, is amended by inserting after chapter 75
the following new chapter:
``CHAPTER 76--MISSING PERSONS
``Sec.
``1501. System for accounting for missing persons.
``1502. Missing persons: initial report.
``1503. Initial board inquiry; actions of theater component commander
and head of the agency.
``1504. Subsequent board inquiry; actions of head of the agency.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Judicial review.
``1509. Persons previously declared dead.
``1510. Procedures applicable in case of civilians.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
``(a) Office for Missing Personnel.--(1) The Secretary of
Defense shall establish within the Office of the Secretary of
Defense an office to have responsibility for Department of
Defense policy relating to missing persons. Subject to the
authority, direction, and control of the Secretary of Defense,
the responsibilities of the office shall include--
``(A) policy, control, and oversight within the
Department of Defense of the entire process for
investigation and recovery (including search and
rescue) related to missing persons; and
``(B) coordination for the Department of Defense with
other departments and agencies of the United States on
all matters concerning missing persons.
``(2) In carrying out the responsibilities of the office
established under this subsection, the head of the office shall
coordinate the efforts of that office with those of other
departments and agencies and other elements of the Department
of Defense for such purposes and shall be responsible for the
coordination for such purposes within the Department of Defense
among the military departments, the Joint Staff, and the
commanders of the combatant commands.
``(3) The office shall establish policies, which shall apply
uniformly through the Department of Defense, for personnel
recovery (including search and rescue).
``(4) The office shall establish procedures to be followed by
Department of Defense boards of inquiry, and by officers
reviewing the reports of such boards, under this chapter.
``(b) Other Departments and Agencies.--(1) The Secretary of
State shall designate an officer of the Department of State to
have responsibility within that Department for matters relating
to missing persons.
``(2) The Secretary of Transportation shall designate an
officer of the Department of Transportation to have
responsibility within that Department for matters relating to
missing persons.
``(3) The Director of Central Intelligence shall designate an
officer of the Central Intelligence Agency to have
responsibility within that Agency for matters relating to
missing persons.
``(4) The President shall direct the heads of such other
departments and agencies as the President considers appropriate
to make a similar designation for their respective departments
and agencies.
``(c) Uniform DOD Procedures.--(1) The Secretary of Defense
shall prescribe procedures, to apply uniformly through the
Department of Defense, for--
``(A) the determination of the status of persons
described in subsection (d); and
``(B) for the systematic, comprehensive, and timely
collection, analysis, review, dissemination, and
periodic update of information related to such persons.
``(2) Such procedures shall be prescribed in a single
directive applicable to all elements of the Department of
Defense.
``(3) As part of such procedures, the Secretary may provide
for the extension, on a case-by-case basis, of any time limit
specified in section 1502, 1503, or 1504 of this title. Any
such extension may not be for a period in excess of one-half of
the period with respect to which the extension is provided.
Subsequent extensions may be provided on the same basis.
``(d) Covered Persons.--Section 1502 of this title applies in
the case of the following persons:
``(1) Any member of the armed forces on active duty
who disappears as a result of a hostile action, or
under circumstances suggesting that the disappearance
is a result of a hostile action, and whose status is
undetermined or who is unaccounted for (except under
circumstances suggesting that the disappearance is
voluntary).
``(2) Any civilian employee of the United States or
employee of a contractor of the United States who,
while serving with or accompanying the armed forces in
the field, disappears under circumstances described in
paragraph (1) and whose status is undetermined or who
is unaccounted for (except under circumstances
suggesting that the disappearance is voluntary).
``(e) Primary Next of Kin.--The individual who is primary
next of kin of a person described in subsection (d) may for
purposes of this chapter designate another individual to act on
behalf of that individual as primary next of kin. The Secretary
of Defense shall treat an individual so designated as if the
individual designated were the primary next of kin for purposes
of this chapter. A designation under this subsection may be
revoked at any time by the person who made the designation.
``(f) Termination of Applicability of Procedures When Missing
Person Is Accounted For.--The provisions of this chapter
relating to boards of inquiry and to actions by the Secretary
concerned on the reports of those boards shall cease to apply
in the case of a missing person upon that person becoming
accounted for or otherwise being determined to be in a status
other than the status of missing or missing in action.
``Sec. 1502. Missing persons: initial report by unit commander
``(a) Preliminary Assessment and Recommendation by
Commander.--After receiving information that the whereabouts or
status of a person described in section 1501(d) of this title
is uncertain and that the absence of the person may be
involuntary, the commander of the unit, facility, or area to or
in which the person is assigned shall make a preliminary
assessment of the circumstances. If, as a result of that
assessment, the commander concludes that the person is missing,
the commander shall--
``(1) recommend that the person be placed in a
missing status; and
``(2) not later than 48 hours after receiving such
information, transmit that recommendation to the
theater component commander with jurisdiction over the
missing person in accordance with procedures prescribed
under section 1501(c) of this title.
``(b) Forwarding of Records.--The commander making the
initial assessment shall (in accordance with procedures
prescribed under section 1501(c) of this title) safeguard and
forward for official use any information relating to the
whereabouts or status of the person that result from the
preliminary assessment or from actions taken to locate the
person.
``Sec. 1503. Initial board inquiry; actions of theater component
commander and head of the agency
``(a) Appointment of Board.--Not later than ten days after
receiving notification under section 1502(a)(2) of this title
that a person has been recommended for placement in a missing
status, the theater component commander to whom the
notification is transmitted shall appoint a board to conduct an
inquiry into the whereabouts and status of the person.
``(b) Inquiries Involving More Than One Missing Person.--If
it appears to the commander who appoints a board under this
section that the absence or missing status of two or more
persons is factually related, the commander may appoint a
single board under this section to conduct the inquiry into the
whereabouts or status of all such persons.
``(c) Composition.--(1) A board appointed under this section
shall consist of at least one individual described in paragraph
(2) who has experience with and understanding of military
operations or activities similar to the operation or activity
in which the person disappeared.
``(2) An individual referred to in paragraph (1) is the
following:
``(A) A military officer, in the case of an inquiry
with respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with
respect to a civilian employee of the United States or
of a contractor of the United States.
``(3) An individual may be appointed as a member of a board
under this section only if the individual has a security
clearance that affords the member access to all information
relating to the whereabouts and status of the missing persons
covered by the inquiry.
``(d) Duties of Board.--A board appointed to conduct an
inquiry into the whereabouts or status of a missing person
under this section shall--
``(1) collect, develop, and investigate all facts and
evidence relating to the disappearance, whereabouts, or
status of that person;
``(2) collect appropriate documentation of the facts
and evidence covered by the investigation;
``(3) analyze the facts and evidence, make findings
based on that analysis, and draw conclusions as to the
current whereabouts and status of the person; and
``(4) with respect to each person covered by the
inquiry, recommend to the commander who appointed the
board that--
``(A) the person be placed in a missing
status; or
``(B) the person be declared to have
deserted, to be absent without leave, or to be
dead.
``(e) Inquiry Proceedings.--(1) During the proceedings of an
inquiry under this section, a board shall--
``(A) collect, record, and safeguard all facts,
documents, statements, photographs, tapes, messages,
maps, sketches, reports, and other information (whether
classified or unclassified) relating to the whereabouts
or status of each person covered by the inquiry;
``(B) gather information relating to actions taken to
find the person, including any evidence of the
whereabouts or status of the person arising from such
actions; and
``(C) maintain a record of its proceedings.
``(2) The commander who appoints a board under this section
may request the commander of the combatant command to provide
such assistance as the board or the commander may require for
purposes of this section.
``(f) Counsel for Missing Person.--(1) The commander
appointing a board to conduct an inquiry under this section
shall appoint counsel to represent each person covered by the
inquiry, or, in the case described by 1503(c) of this title,
one counsel to represent all persons covered by the inquiry.
Counsel appointed under this paragraph may be referred to as
`missing person's counsel'.
``(2) To be appointed as a missing person's counsel, a person
must--
``(A) have the qualifications specified in section
827(b) of this title (article 27(b) of the Uniform Code
of Military Justice) for trial counsel or defense
counsel detailed for a general court-martial; and
``(B) have a security clearance that affords the
counsel access to all information relating to the
whereabouts or status of the person or persons covered
by the inquiry.
``(3) A missing person's counsel--
``(A) shall have access to all facts and evidence
considered by the board during the proceedings under
the inquiry for which the counsel is appointed;
``(B) shall observe all official activities of the
board during such proceedings;
``(C) may question witnesses before the board; and
``(D) shall monitor the deliberations of the board;
and
``(4) A missing person's counsel shall review the report of
the board under subsection (i) and submit to the commander who
appointed the board an independent review of that report. That
review shall be made an official part of the record of the
board.
``(g) Access to Proceedings.--The proceedings of a board
during an inquiry under this section shall be closed to the
public (including, with respect to any missing person covered
by the inquiry, the primary next of kin, other members of the
immediate family, and any other previously designated person
designated under section 655 of this title).
``(h) Recommendation on Status of Missing Persons.--(1) Upon
completion of its inquiry, a board appointed under this section
shall make a recommendation to the commander who appointed the
board as to the appropriate determination of the current
whereabouts or status of each person whose whereabouts were
covered by the inquiry.
``(2)(A) A board may not recommend under paragraph (1) that a
person be declared dead unless the board determines that the
evidence before it established conclusive proof of the death of
the person.
``(B) In this paragraph, the term `conclusive proof of death'
means evidence establishing that death is the only credible
explanation for the absence of the person.
``(i) Report.--(1) A board appointed under this section shall
submit to the commander who appointed it a report on the
inquiry carried out by the board. The report shall include--
``(A) a discussion of the facts and evidence
considered by the board in the inquiry;
``(B) the recommendation of the board under
subsection (h) with respect to each person covered by
the report; and
``(C) disclosure of whether classified documents and
information were reviewed by the board or were
otherwise used by the board in forming recommendations
under subparagraph (B).
``(2) A report under this subsection with respect to a
missing person shall be submitted not later than 45 days after
the date on which that person is first reported missing.
``(3) A report submitted under this subsection may not be
made public until one year after the date on which the report
is submitted.
``(j) Review and Determination of Status by Component
Commander.--(1) Not later than 15 days after the date of the
receipt of a report under subsection (i), the commander who
appointed the board shall review--
``(A) the report; and
``(B) the review of that report submitted under
subsection (f)(4) by the missing person's counsel.
``(2) In reviewing a report under paragraph (1), the
commander receiving the report shall determine whether or not
the report is complete and free of administrative error. If the
commander determines that the report is incomplete, or that the
report is not free of administrative error, the commander may
return the report to the board for further action on the report
by the board.
``(3) Upon a determination by the commander reviewing a
report under this subsection that the report is complete and
free of administrative error, the commander shall make a
determination of the status of each person covered by the
report.
``(4) The report, together with the determination under
paragraph (3), shall be promptly forwarded to the commander of
the combatant command for the geographic area in which the
missing person disappeared.
``(k) Review by CINC.--(1) The commander of the combatant
command shall review a report received under subsection (j)(4).
Not later than 30 days after receiving such report, that
commander shall forward that report to the Secretary concerned.
In the case of a missing person who is a member of the Army,
Navy, Air Force, or Marine Corps, the report shall be forwarded
to or through the Secretary of Defense in accordance with
procedures prescribed under section 1501(c) of this title.
``(2) The review under paragraph (1) shall be conducted in
accordance with procedures prescribed under section 1501(a)(3)
of this title.
``(l) Determination by Secretary.--(1) The Secretary of
Defense (or the Secretary of the military department concerned
acting under delegation of authority from the Secretary of
Defense) shall review the determinations of a theater component
commander in a report forwarded under this section.
``(2) After conducting such review, the Secretary shall make
a determination, with respect to each person whose status is
covered by the report, whether to leave unchanged the status of
such person as determined by the theater component commander
under subsection (j)(3) or whether to change that status to
another appropriate status, as determined by the Secretary.
<greek-l>shall (1) continue to have a missing status, (2) be
declared to have deserted, (3) be declared to be absent without
leave, or (4) be declared to be dead. deg.
``(3) In making such determination, the Secretary may convene
a board in accordance with section 1504 of this title.
``(m) Report to Family Members and Other Interested
Persons.--Not later than 30 days after the date on which the
Secretary makes a determination under subsection (k), the
Secretary of Defense, acting through the head of the office
established under section 1501(a) of this title, shall--
``(1) provide an unclassified summary of the report
of the board (including the name of the missing
person's counsel for the inquiry, the names of the
members of the board, and the name of the commander who
convened the board) to the primary next of kin, to the
other members of the immediate family, and to any other
previously designated person of the missing person; and
``(2) inform each individual to whom such summary is
provided that the United States will conduct a
subsequent inquiry into the whereabouts or status of
the person not earlier than one year after the date of
the first official notice of the disappearance of the
missing person, unless information becomes available
sooner that would result in a substantial change in the
determination of the status of the person.
``Sec. 1504. Subsequent board inquiry; actions of head of the agency
``(a) Additional Board.--If information on the whereabouts or
status of a person covered by an inquiry under section 1503 of
this title becomes available within one year after the date of
the submission of the report submitted under section 1502 of
this title, the Secretary of Defense, acting through the head
of the office established under section 1501(a) of this title,
shall appoint a board under this section to conduct an inquiry
into the information
``(b) Authority for Inquiry.--The Secretary of Defense may
delegate authority over such subsequent inquiry to the
Secretary concerned.
``(c) Secretary Concerned.--In this chapter, the term
`Secretary concerned', in the case of a civilian employee of
the United States or contractor of the United States, means the
Secretary of the executive department or head of the agency
employing the employee or contracting with the contractor, as
the case may be.
``(d) Date of Appointment.--The Secretary shall appoint a
board under this section to conduct an inquiry into the
whereabouts and status of a missing person on or about one year
after the date of the report concerning that person submitted
under section 1502 of this title.
``(e) Combined Inquiries.--If it appears to the Secretary
that the absence or status of two or more persons is factually
related, the Secretary may appoint one board under this section
to conduct the inquiry into the whereabouts or status of all
such persons.
``(f) Composition.--(1) Subject to paragraphs (2) and (3), a
board appointed under this section shall consist of the
following:
``(A) In the case of a board appointed to inquire
into the whereabouts or status of a member of the armed
forces, not less than three officers having the grade
of major or lieutenant commander or above.
``(B) In the case of a board appointed to inquire
into the whereabouts or status of a civilian employee
of the United States or an employee of a contractor of
the United States--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay
is equal to or greater than the rate of annual
pay payable for grade GS-13 of the General
Schedule under section 5332 of title 5; and
``(ii) such members of the armed forces as
the Secretary of Defense considers advisable.
``(2) The Secretary shall designate one member of a board
appointed under this section as president of the board. The
president of the board shall have a security clearance that
affords the president access to all information relating to the
whereabouts and status of each person covered by the inquiry.
``(3)(A) One member of each board appointed under this
subsection shall be an attorney or judge advocate who has
expertise in the public law relating to missing persons, the
determination of death of such persons, and the rights of
family members and dependents of such persons.
``(B) One member of each board appointed under this
subsection shall be an individual who--
``(i) has an occupational specialty similar to that
of one or more of the persons covered by the inquiry;
and
``(ii) has an understanding of and expertise in the
official activities of one or more such persons at the
time such person or persons disappeared.
``(g) Duties of Board.--A board appointed under this section
to conduct an inquiry into the whereabouts or status of a
person shall--
``(1) review the report under subsection (i) of
section 1503 of this title of the board appointed to
conduct the inquiry into the status or whereabouts of
the person under section 1503 of this title and the
recommendation under subsection (j)(3) of that section
of the commander who appointed the board under that
subsection as to the status of the person;
``(2) collect and evaluate any document, fact, or
other evidence with respect to the whereabouts or
status of the person that has become available since
the completion of the inquiry under section 1503 of
this title;
``(3) draw conclusions as to the whereabouts or
status of the person;
``(4) determine on the basis of the activities under
paragraphs (1) and (2) whether the status of the person
should be continued or changed; and
``(5) submit to the Secretary of Defense a report
describing the findings and conclusions of the board,
together with a recommendation for a determination by
the Secretary concerning the whereabouts or status of
the person.
``(h) Counsel for Missing Persons.--(1) When the Secretary
appoints a board to conduct an inquiry under this section, the
Secretary shall appoint counsel to represent each person
covered by the inquiry.
``(2) A person appointed as counsel under this subsection
shall meet the qualifications and have the duties set forth in
section 1503(f) of this title for a missing person's counsel
appointed under that section.
``(3) The review of the report of a board on an inquiry that
is submitted by such counsel shall be made an official part of
the record of the board with respect to the inquiry.
``(i) Attendance of Family Members and Certain Other
Interested Persons at Proceedings.--(1) With respect to any
person covered by an inquiry under this section, the primary
next of kin, other members of the immediate family, and any
other previously designated person of the missing person may
attend the proceedings of the board during the inquiry in
accordance with this section.
``(2) The Secretary shall notify each individual referred to
in paragraph (1) of the opportunity to attend the proceedings
of a board. Such notice shall be provided not less than 60 days
before the first meeting of the board.
``(3) An individual who receives a notice under paragraph (2)
shall notify the Secretary of the intent, if any, of that
individual to attend the proceedings of the board not less than
21 days after the date on which the individual receives the
notice.
``(4) Each individual who notifies the Secretary under
paragraph (3) of the individual's intent to attend the
proceedings of the board--
``(A) in the case of an individual who is the primary
next of kin or the previously designated person, may
attend the proceedings of the board with private
counsel;
``(B) shall have access to the personnel file of the
missing person, to unclassified reports (if any) of the
board appointed under section 1503 of this title to
conduct the inquiry into the whereabouts and status of
the person, and to any other unclassified information
or documents relating to the whereabouts and status of
the person;
``(C) shall be afforded the opportunity to present
information at the proceedings of the board that such
individual considers to be relevant to those
proceedings; and
``(D) subject to paragraph (5), shall be given the
opportunity to submit in writing objection to any
recommendation of the board under subsection (k) as to
the status of the missing person.
``(5) Objections under paragraph (4)(D) to any recommendation
of the board shall be submitted to the president of the board
not later than 30 days after the date on which the
recommendations are made. The president shall include any such
objections in the report of the board under subsection (k).
``(6) An individual referred to in paragraph (1) who attends
the proceedings of a board under this subsection shall not be
entitled to reimbursement by the United States for any costs
(including travel, lodging, meals, local transportation, legal
fees, transcription costs, witness expenses, and other
expenses) incurred by that individual in attending such
proceedings.
``(j) Availability of Information to Boards.--(1) In
conducting proceedings in an inquiry under this section, a
board may secure directly from any department or agency of the
United States any information that the board considers
necessary in order to conduct the proceedings.
``(2) Upon written request from the president of a board, the
head of a department or agency of the United States shall
release information covered by the request to the board. In
releasing such information, the head of the department or
agency shall--
``(A) declassify to an appropriate degree classified
information; or
``(B) release the information in a manner not
requiring the removal of markings indicating the
classified nature of the information.
``(3)(A) If a request for information under paragraph (2)
covers classified information that cannot be declassified,
cannot be removed before release from the information covered
by the request, or cannot be summarized in a manner that
prevents the release of classified information, the classified
information shall be made available only to president of the
board making the request and the counsel for the missing person
appointed under subsection (f).
``(B) The president of a board shall close to persons who do
not have appropriate security clearances those portions of the
proceeding of the Board during which classified information is
discussed. Participants at a proceeding of a board at which
classified information is discussed shall comply with all
applicable laws and regulations relating to the disclosure of
classified information. The Secretary concerned shall assist
the president of a board in ensuring that classified
information is not compromised through board proceedings.
``(k) Recommendation on Status.--(1) Upon completion of an
inquiry under this subsection, a board shall make a
recommendation as to the current whereabouts or status of each
missing person covered by the inquiry.
``(2) A board may not recommend under paragraph (1) that a
person be declared dead unless--
``(A) proof of death is established by the board; and
``(B) in making the recommendation, the board
complies with section 1507 of this title.
``(l) Report.--A board appointed under this section shall
submit to the Secretary of Defense a report on the inquiry
carried out by the board, together with the evidence considered
by the board during the inquiry. The report may include a
classified annex.
``(m) Actions by Secretary.--(1) Not later than 30 days after
the receipt of a report from a board under subsection (k), the
Secretary shall review--
``(A) the report;
``(B) the review of the report submitted to the
Secretary under subsection (f)(3) by the counsel for
each person covered by the report; and
``(C) the objections, if any, to the report submitted
to the president of the board under subsection (g)(6).
``(2) In reviewing a report under paragraph (1) (including
the review and objections described in subparagraphs (A) and
(B) of that paragraph), the Secretary shall determine whether
or not the report is complete and free of administrative error.
If the Secretary determines that the report is incomplete, or
that the report is not free of administrative error, the
Secretary may return the report to the board for further action
on the report by the board.
``(3) Upon a determination by the Secretary that a report
reviewed under this subsection is complete and free of
administrative error, the Secretary shall make a determination
concerning the status of each person covered by the report.
``(n) Report to Family Members and Other Interested
Persons.--Not later than 90 days after the date on which a
board submits a report on a person under subsection (l), the
Secretary of Defense shall--
``(1) with respect to each missing person whose
status or whereabouts are covered by the report,
provide an unclassified summary of the report to the
primary next of kin, the other members of the immediate
family, and any other previously designated person; and
``(2) in the case of a person who continues to be in
a missing status, inform each individual referred to in
paragraph (1) that the United States will conduct a
further investigation into the whereabouts or status of
the person not later than three years after the date of
the official notice of the disappearance of the person,
unless information becomes available within that time
that would result in a substantial change in the
official status of the person.
``Sec. 1505. Further review
``(a) Subsequent Review.--The Secretary shall conduct
subsequent inquiries into the whereabouts or status of any
person determined by the Secretary under section 1504 of this
title to be in a missing status.
``(b) Frequency of Subsequent Reviews.--(1) Subject to
paragraph (3), the Secretary shall appoint a board to conduct
an inquiry with respect to a person under this subsection--
``(A) on or about three years after the date of the
official notice of the disappearance of the person; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph
(1), the Secretary shall appoint a board to conduct an inquiry
with respect to a person under this subsection upon receipt of
information that could result in a change or revision of status
of a missing person. Whenever the Secretary appoints a board
under this paragraph, the time for subsequent appointments of a
board under paragraph (1)(B) shall be determined from the date
of the receipt of such information.
``(3) The Secretary is not required to appoint a board under
paragraph (1) with respect to the disappearance of any person--
``(A) more than 30 years after the first notice of
the disappearance of the missing person; or
``(B) if, before the end of such 30-year period, the
missing person is accounted for.
``(c) Conduct of Proceedings.--The appointment of, and
activities before, a board appointed under this section shall
be governed by the provisions of section 1504 of this title
with respect to a board appointed under that section.
``Sec. 1506. Personnel files
``(a) Information in Files.--Except as provided in subsection
(b), the Secretary of the department having jurisdiction over a
missing person at the time of the person's disappearance shall,
to the maximum extent practicable, ensure that the personnel
file of the person contains all information in the possession
of the United States relating to the disappearance and
whereabouts or status of the person.
``(b) Classified Information.--(1) The Secretary concerned
may withhold classified information from a personnel file under
this section.
``(2) If the Secretary concerned withholds classified
information from the personnel file of a person, the Secretary
shall ensure that the file contains the following:
``(A) A notice that the withheld information exists.
``(B) A notice of the date of the most recent review
of the classification of the withheld information.
``(c) Wrongful Withholding.--Any person who knowingly and
willfully withholds from the personnel file of a missing person
any information (other than classified information) relating to
the disappearance or whereabouts or status of a missing person
shall be fined as provided in title 18 or imprisoned not more
than one year, or both.
``(d) Availability of Information.--The Secretary concerned
shall, upon request, make available the contents of the
personnel file of a missing person to the missing person's
primary next of kin, the other members of the missing person's
immediate family, or any other previously designated person of
the missing person.
``Sec. 1507. Recommendation of status of death
``(a) Requirements Relating to Recommendation.--A board
appointed under section 1504 or 1505 of this title may not
recommend that a person be declared dead unless--
``(1) credible evidence exists to suggest that the
person is dead;
``(2) the United States possesses no credible
evidence that suggests that the person is alive;
``(3) representatives of the United States have made
a complete search of the area where the person was last
seen (unless, after making a good faith effort to
obtain access to such area, such representatives are
not granted such access); and
``(4) representatives of the United States have
examined the records of the government or entity having
control over the area where the person was last seen
(unless, after making a good faith effort to obtain
access to such records, such representatives are not
granted such access).
``(b) Submittal of Information on Death.--If a board
appointed under section 1504 or 1505 of this title makes a
recommendation that a missing person be declared dead, the
board shall include in the report of the board with respect to
the person under such section the following:
``(1) A detailed description of the location where
the death occurred.
``(2) A statement of the date on which the death
occurred.
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that
the body recovered is that of the missing person.
``Sec. 1508. Judicial review
``(a) In General.--(1) A person referred to in paragraph (2)
may obtain review of a finding described in paragraph (3) by
the court of appeals of the United States for the circuit in
which the person resides or in which the finding was made.
Judicial review under this section shall be as provided in
section 706 of title 5.
``(2) Paragraph (1) applies to any of the following persons
with respect to a missing person subject to a finding described
in paragraph (3):
``(A) The primary next of kin of the person.
``(B) A member of the immediate family of the person.
``(C) A dependent of the person.
``(D) A person previously designated by the person.
``(3) Paragraph (1) applies to the following findings:
``(A) A finding by a board appointed under section
1504 or 1505 of this title that a missing person is
dead.
``(B) A finding by a board appointed under section
1509 of this title that confirms that a missing person
formerly declared dead is in fact dead.
``(4) A person referred to in paragraph (2) shall request
review of a finding under this subsection by filing with the
appropriate court a written petition requesting that the
finding be set aside.
``(b) Finality.--The decision of the court of appeals on a
petition for review under subsection (a) is final, except that
such decision is subject to review by the Supreme Court upon
certiorari, as provided in section 1254 of title 28.
``(c) Additional Review.--(1) Subject to paragraph (2), upon
request by a person referred to in subsection (a)(2), the
Secretary concerned shall appoint a board to review the status
of a person covered by a finding described in subsection (a)(3)
if the court of appeals sets aside the finding and--
``(A) the time allowed for filing a petition for
certiorari has expired and no such petition has been
duly filed;
``(B) the petition for certiorari has been denied; or
``(C) the decision of the court of appeals has been
affirmed by the Supreme Court.
``(2) A person referred to in paragraph (1) shall make a
request referred to in that paragraph not later than three
years after the date of the event under that paragraph that
entitles the person to request the appointment of a board.
``Sec. 1509. Persons previously declared dead
``(a) Review of Status.--(1) Not later than three years after
the date of the enactment of this chapter, a person referred to
in paragraph (2) may submit a request for appointment of a
board to review the status of a person previously declared dead
while in a missing status, in a case in which the death is
declared to have occurred on or after December 7, 1941.
``(2) A board shall be appointed under this section with
respect to the death of any person based on the request of any
of the following persons:
``(A) The primary next of kin of such person.
``(B) An adult member of the immediate family of the
person previously declared dead.
``(C) An adult dependent of such person.
``(D) A person previously designated by such person.
``(3) A request under this section shall be submitted to the
Secretary of the executive department or head of the agency of
the United States that had jurisdiction over the person covered
by the request at the time of the person's disappearance.
``(b) Appointment of Board.--Upon receiving a request under
subsection (a), the official to whom the request is submitted
shall appoint a board to review the status of the person
covered by the request.
``(c) Duties of Board.--A board appointed under this section
to review the status of a person previously declared dead
shall--
``(1) conduct an investigation to determine the
status of the person; and
``(2) issue a report describing the findings of the
board under the investigation and the recommendations
of the board as to the status of the person.
``(d) Effect of Change in Status.--If a board appointed under
this section recommends placing in a missing status a person
previously declared dead, such person shall accrue no pay or
allowances as a result of the placement of the person in such
status.
``(e) Conduct of Proceedings.--The appointment of, and
activities before, a board appointed under this section shall,
to the extent practicable, be governed by the provisions of
section 1504 of this title with respect to a board appointed
under that section.
``Sec. 1510. Procedures applicable in case of civilians
``(a) In General.--In applying the procedures specified in
this chapter in the case of a person described in section
1501(d)(2) of this title--
``(1) any reference to the commander of the unit,
facility, or area to which the missing person is
assigned shall be treated as referring to the local
authority or supervisor of the department or agency of
the United States under whom the missing person was
directly operating or to whom the missing person was
responsible;
``(2) any reference to the theater component
commander shall be treated as referring to the senior
official in the region in which the missing person
disappeared of the department or agency of the United
States with jurisdiction over the missing person (or,
if there is no such official, such other person
(including the appropriate theater component commander)
as may be designated by the head of that department of
agency);
``(3) any reference to the Secretary concerned shall
be treated as referring to the head of the department
or agency of the United States with jurisdiction over
the missing person.
``(b) CINC Review Not To Apply.--The provisions of section
1503(k) shall not apply in the case of a person described in
section 1501(d)(2) of this title. In such a case, the report
under section 1503(j)(4) of this title shall be submitted
directly to the head of the department or agency of the United
States with jurisdiction over the missing person.
``(c) Rule for Department of Defense Civilians.--In the case
of a person described in section 1501(d)(2) of this title who
is an employee of the Department of Defense, or an employee of
a contractor of the Department of Defense, the head of the
department or agency of the United States with jurisdiction
over that person--
``(1) if the person is an employee of, or an employee
of a contractor of, a military department, shall be
considered to be the Secretary of that military
department; and
``(2) otherwise shall be considered to be the
Secretary of Defense.
``Sec. 1511. Return alive of person declared missing or dead
``(a) Pay and Allowances.--Any person in a missing status or
declared dead under the Missing Persons Act of 1942 (56 Stat.
143) or chapter 10 of title 37 or by a board appointed under
this chapter who is found alive and returned to the control of
the United States shall be paid for the full time of the
absence of the person while given that status or declared dead
under the law and regulations relating to the pay and
allowances of persons returning from a missing status.
``(b) Effect on Gratuities Paid as a Result of Status.--
Subsection (a) shall not be interpreted to invalidate or
otherwise affect the receipt by any person of a death gratuity
or other payment from the United States on behalf of a person
referred to in subsection (a) before the date of the enactment
of this chapter.<greek-l>
``(c) Effect on Procedures Under This Chapter.--If a missing
person returns alive to the control of the United States, no
further review or action by a board under this chapter is
required. deg.
``Sec. 1512. Effect on State law
``(a) Nonpreemption of State Authority.--Nothing in this
chapter shall be construed to invalidate or limit the power of
any State court or administrative entity, or the power of any
court or administrative entity of any political subdivision
thereof, to find or declare a person dead for purposes of the
laws of such State or political subdivision.
``(b) State Defined.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``Sec. 1513. Definitions
``In this chapter:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active
duty who is in a missing status; or
``(B) a civilian employee of the United
States or of a contractor of the United States
who is serving with or accompanying the armed
forces under orders and who is in a missing
status.
``(2) The term `missing status' means the status of a
missing person who is determined to be absent in a
status of--
``(A) missing;
``(B) missing in action;
``(C) interned in a foreign country;
``(D) captured, beleaguered, or besieged by a
hostile force; or
``(E) detained in a foreign country against
that person's will.
``(3) The term `accounted for', with respect to a
person in a missing status, means that--
``(A) the person is returned to United States
control alive;
``(B) the remains of the person are returned
to the United States; or
``(C) credible evidence exists to support
another determination of the person's status.
``(4) The term `member of the immediate family', in
the case of a missing person, means the spouse or a
child, parent, or sibling of the person.
``(5) The term `previously designated person', in the
case of a missing person, means an individual
designated by the missing person under section 655 of
this title for purposes of this chapter.
``(6) The term `classified information' means any
information the unauthorized disclosure of which (as
determined under applicable law and regulations) could
reasonably be expected to damage the national security.
``(7) The term `theater component commander' means,
with respect to any of the combatant commands, an
officer of any of the armed forces who (A) is commander
of all forces of that armed force assigned to that
combatant command, and (B) is directly subordinate to
the commander of the combatant command.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 75 the following new item:
``76. Missing Persons............................................1501''.
(c) Conforming Amendments.--Chapter 10 of title 37, United
States Code, is amended as follows:
(1) Section 555 is amended--
(A) in subsection (a), by striking out ``When
a member'' and inserting in lieu thereof
``Except as provided in subsection (d), when a
member''; and
(B) by adding at the end the following new
subsection:
``(d) This section does not apply in a case to which section
1502 of title 10 applies.''.
(2) Section 552 is amended--
(A) in subsection (a), by striking out ``for
all purposes,'' in the second sentence of the
matter following paragraph (2) and all that
follows through the end of the sentence and
inserting in lieu thereof ``for all
purposes.'';
(B) in subsection (b), by inserting ``or is
determined under chapter 76 title 10'' before
the period at the end; and
(C) in subsection (e), by inserting ``or
under chapter 76 of title 10'' after ``section
555 of this title''.
(3) Section 553 is amended--
(A) in subsection (f), by striking out ``the
date the Secretary concerned receives evidence
that'' and inserting in lieu thereof ``the date
on which, in a case covered by section 555 of
this title, the Secretary concerned receives
evidence, or, in a case covered by chapter 76
of title 10 the Secretary concerned determines
pursuant to that chapter, that''; and
(C) in subsection (g), by inserting ``or
under chapter 76 of title 10'' after ``section
555 of this title''.
(4) Section 556 is amended--
(A) in subsection (a), by inserting after
paragraph (7) the following:
``Paragraphs (1), (5), (6), and (7) shall only apply with
respect to a case to which section 555 of this title
applies.'';
(B) in subsection (b), by inserting ``, in a
case to which section 555 of this title
applies,'' after ``When the Secretary
concerned''; and
(C) in subsection (h)--
(i) in the first sentence, by
striking out ``status'' and inserting
in lieu thereof ``pay''; and
(ii) in the second sentence, by
inserting ``in a case to which section
555 of this title applies'' after
``under this section''.
(d) Designation of Individuals Having Interest in Status of
Service Members.--(1) Chapter 37 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 655. Designation of persons having interest in status of member
as a missing person
``(a) The Secretary concerned shall, upon the enlistment or
appointment of a person in the armed forces, require that the
person specify in writing the person (if any), other than that
person's primary next of kin, to whom information on the
whereabouts or status of the member shall be provided if such
whereabouts or status are investigated under chapter 76 of this
title. The Secretary shall periodically, and whenever the
member is deployed as part of a contingency operation or in
other circumstances specified by the Secretary, require that
such designation be reconfirmed, or modified, by the member.
``(b) The Secretary concerned shall, upon the request of a
member, permit the member to change the person or persons
specified by the member under subsection (a) at any time. Any
such change shall be in writing.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``655. Designation of persons having interest in status of member as a
missing person.''.
____________________________________________________
22. An Amendment To Be Offered by Representative Young of Alaska or a
Designee
At the end of title V (page 274, after line 11), insert the
following new section:
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF
COMMISSIONED CORPS OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of
the Act of August 10, 1956 (33 U.S.C. 857a), is amended by
adding at the end the following new paragraph:
``(15) Section 1174a, special separation benefits
(except that benefits under subsection (b)(2)(B) of
such section are subject to the availability of
appropriations for such purpose and are provided at the
discretion of the Secretary of Commerce).''
(b) Technical Corrections.--Such section is further
amended--
(1) by striking out ``Coast and Geodetic Survey'' in
subsections (a) and (b) and inserting in lieu thereof
``commissioned officer corps of the National oceanic
and Atmospheric Administration''; and
(2) in subsection (a), by striking out ``including
changes in those rules made after the effective date of
this Act'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``as those provisions are in
effect from time to time''.
(c) Temporary Early Retirement Authority.--Section 4403
(other than subsection (f)) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration in the same manner and to the same
extent as that section applies to the Department of Defense.
The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps
and shall apply the provisions of that section to the
provisions of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 relating to the retirement of members of
such commissioned officer corps.
(d) Effective Date.--This section shall apply only to
members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated after
September 30, 1995.
----------
23. An Amendment To Be Offered by Representative Bateman of Virginia or
a Designee
At the end of subtitle C of title VI (page 289, after line
23), insert the following new section:
SEC. 623. REPEAL OF PROHIBITION ON PAYMENT OF LODGING EXPENSES WHEN
ADEQUATE GOVERNMENT QUARTERS ARE AVAILABLE.
(a) Repeal.--Section 1589 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by striking
out the time relating to section 1589.
----------
24. An Amendment To Be Offered by Representative Hastings of Washington
or a Designee
Page 304, beginning on line 23, strike out ``September 30,
1995'' and insert in lieu thereof ``October 1, 1994''.
----------
25. An Amendment To Be Offered by Representative Moakley of
Massachusetts or a Designee
Page 306, after line 5, insert the following new
subsection:
(b) Sense of Congress.--(1) Congress finds that the
Uniformed Services Treatment Facilities provide quality health
care to the 120,000 Department of Defense beneficiaries
enrolled in the Uniformed Services Family Health Plan provided
by these facilities.
(2) In light of such finding, it is the sense of Congress
that the Uniformed Services Family Health Plan provided by the
Uniformed Services Treatment Facilities should not be
terminated for convenience under provisions of the Federal
Acquisition Regulation by the Secretary of Defense before the
expiration of the current participation agreements.
----------
26. An Amendment To Be Offered by Representative Hastings of Washington
or a Designee
Page 307, strike out line 20 and all that follows through
line 6 on page 308, relating to section 724 of the bill
(equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities), and insert the
following new section:
SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS
FOR UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Time for Fee Implementation.--The uniform managed care
benefit fee and copayment schedule developed by the Secretary
of Defense for use in all managed care initiatives of the
military health service system, including the managed care
program of the Uniformed Services Treatment Facility, shall be
extended to the managed care program of a Uniformed Services
Treatment Facilities no sooner than the later of--
(1) the start of the first fiscal year beginning
after the implementation of the TRICARE regional
program covering the service area of the Uniformed
Services Treatment Facility; or
(2) the start of the first fiscal year beginning 180
days or more after the completion of the evaluation
conducted by the Comptroller General of the United
States under subsection (b).
(b) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation to assess the impact of the
benefit fee and copayment schedule described in subsection (a)
on the Uniformed Services Treatment Facilities and to determine
whether the benefit fee and copayment schedule may--
(1) cause adverse selection of enrollees;
(2) be inappropriate for a fully at-risk program
similar to civilian health maintenance organizations;
or
(3) result in an enrolled population dissimilar to
the general beneficiary population.
----------
27. An Amendment To Be Offered by Representative Pickett of Virginia or
a Designee
Page 307, strike out line 20 and all that follows through
line 6 on page 308, relating to section 724 of the bill
(equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities), and insert the
following new section:
SEC. 724. EQUITABLE IMPLEMENTATION OF UNIFORM COST SHARING REQUIREMENTS
FOR UNIFORMED SERVICES TREATMENT FACILITIES.
(a) Time for Fee Implementation.--The uniform managed care
benefit fee and copayment schedule developed by the Secretary
of Defense for use in all managed care initiatives of the
military health service system, including the managed care
program of the Uniformed Services Treatment Facilities, shall
be extended to the managed care program of a Uniformed Services
Treatment Facility only after the later of--
(1) the implementation of the TRICARE regional
program covering the service area of the Uniformed
Services Treatment Facility; or
(2) the end of the 180-day period beginning on the
date of the enactment of this Act.
(b) Submission of Actuarial Estimates.--Paragraph (2) of
subsection (a) shall operate as a condition on the extension of
the uniform managed care benefit fee and copayment schedule to
the Uniformed Services Treatment Facilities only if the
Uniformed Services Treatment Facilities submit to the
Comptroller General, within 30 days after the date of the
enactment of this Act, actuarial estimates in support of their
contention that the extension of such fees and copayments will
have an adverse effect on the operation of the Uniformed
Services Treatment Facilities and the enrollment of
participants.
(c) Evaluation.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress the results of an evaluation of the effect on the
Uniformed Services Treatment Facilities of the extension of the
uniform benefit fee and copayment schedule to the Uniformed
Services Treatment Facilities. However, the Comptroller General
shall not be required to prepare or submit the evaluation if
the Uniformed Services Treatment Facilities fail to
satisfactorily comply with subsection (b), as determined by the
Comptroller General.
----------
28. An Amendment To Be Offered by Representative Bateman of Virginia or
a Designee
At the end of title VIII (page 329, after line 13), insert
the following new section:
SEC. 809. COST REIMBURSEMENT RULES FOR INDIRECT COSTS ATTRIBUTABLE TO
PRIVATE SECTOR WORK OF DEFENSE CONTRACTORS.
(a) Defense Capability Preservation Agreement.--The
Secretary of Defense may enter into an agreement, to be known
as a ``defense capability preservation agreement'', with a
defense contractor under which the cost reimbursement rules
described in subsection (b) shall be applied. Such an agreement
may be entered into in any case in which the Secretary
determines that the application of such cost reimbursement
rules would facilitate the achievement of the policy set forth
in section 2501(c) of title 10, United States Code.
(b) Cost Reimbursement Rules.--The cost reimbursement rules
applicable under an agreement entered into under subsection (a)
are as follows:
(1) The Department of Defense shall, in determining
the reimbursement due a contractor for its indirect
costs of performing a defense contract, allow the
contractor to allocate indirect costs to its private
sector work only to the extent of the contractor's
allocable indirect private sector costs, subject to
paragraph (3).
(2) For purposes of paragraph (1), the allocable
indirect private sector costs of a contractor are those
costs of the contractor that are equal to the amount by
which the revenue attributable to the private sector
work of the contractor exceeds the sum of--
(A) the direct costs attributable to such
work, and
(B) the incremental indirect costs
attributable to such work.
(3) The total amount of allocable indirect private
sector costs for a contract in any year of the
agreement may not exceed the amount of indirect costs
that a contractor would have allocated to its private
sector work during that year in accordance with the
contractor's established and generally accepted
accounting practices.
(c) Relationship to Accounting Practice Change.--The use of
such generally accepted accounting practices by a contractor to
such an agreement and the implementation of such an agreement
does not constitute a change in cost accounting practices
within the meaning of section 26(h)(1)(B) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(h)(1)(B)).
(d) Contracts Covered.--An agreement entered into with a
contractor under subsection (a) shall apply to all Department
of Defense contracts with the contractor either existing on the
date on which the agreement was entered into or awarded during
the term of the agreement.
----------
29. An Amendment To Be Offered by Representative Everett of Alabama or
a Designee
At the end of title IX (page 345, after line 17), insert
the following new section:
SEC. 909. AVIATION TESTING CONSOLIDATION.
(a) Limitation.--The Secretary of the Army may not
consolidate the Aviation Technical Test Center with any other
aviation testing facility until 60 days after the date on which
a report described in subsection (b) is received by Congress.
(b) Report.--A report referred to in subsection (a) is a
report conducted by an entity outside the Department of Defense
that evaluates the proposal of the Test and Evaluation Command
of the Army to relocate the Aviation Technical Test Center to
Yuma Proving Ground, Arizona. The evaluation of such proposal
shall include consideration of the following if such a
relocation were to be carried out:
(1) The effect on, and cost of, maintenance and
logistics capability, including maintenance of a parts
inventory, to support the test fleet.
(2) The availability of facilities and infrastructure
necessary to conduct the aviation testing mission at
Yuma Proving Ground.
(3) The availability of engineers and maintenance
technicians to support the aviation testing mission at
Yuma Proving Ground.
(4) The effect on current and future aircraft
programs.
(5) Synergy of Army aviation.
(6) Consistency with the efforts of the Army to
become the Department of Defense leader for rotary wing
aircraft.
----------
30. An Amendment To Be Offered by Representative Pombo of California or
Representative Solomon of New York or a Designee
At the end of title X (page 377, after line 19), insert the
following new section:
SEC. 1033. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants and
contracts
``(a) Denial of Department of Defense Grants and
Contracts.--(1) No funds appropriated or otherwise available to
the Department of Defense may be made obligated by contract or
by grant (including a grant of funds to be available for
student aid) to any institution of higher education that, as
determined by the Secretary of Defense, has an anti-ROTC policy
and at which, as determined by the Secretary, the Secretary
would otherwise maintain or seek to establish a unit of the
Senior Reserve Officer Training Corps or at which the Secretary
would otherwise enroll or seek to enroll students for
participation in a unit of the Senior Reserve Officer Training
Corps at another nearby institution of higher education.
``(2) In the case of an institution of higher education
that is ineligible for Department of Defense grants and
contracts by reason of paragraph (1), the prohibition under
that paragraph shall cease to apply to that institution upon a
determination by the Secretary that the institution no longer
has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary
makes a determination under subsection (a) that an institution
has an anti-ROTC policy, or that an institution previously
determined to have an anti-ROTC policy no longer has such a
policy, the Secretary--
``(1) shall transmit notice of that determination to
the Secretary of Education and to the Committee on
Armed Services of the Senate and the Committee on
National Security of the House of Representatives; and
``(2) shall publish in the Federal Register notice of
that determination and of the effect of that
determination under subsection (a)(1) on the
eligibility of that institution for Department of
Defense grants and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary
shall publish in the Federal Register once every six months a
list of each institution of higher education that is currently
ineligible for Department of Defense grants and contracts by
reason of a determination of the Secretary under subsection
(a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-
ROTC policy' means a policy or practice of an institution of
higher education that--
``(1) prohibits, or in effect prevents, the Secretary
of Defense from maintaining or establishing a unit of
the Senior Reserve Officer Training Corps at that
institution, or
``(2) prohibits, or in effect prevents, a student at
that institution from enrolling in a unit of the Senior
Reserve Officer Training Corps at another institution
of higher education.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``983. Institutions of higher education that prohibit Senior ROTC units:
denial of Department of Defense grants and contracts.''.
----------
31. An Amendment To Be Offered by Representative Traficant of Ohio or a
Designee
At the end of title X (page 377, after line 19), insert the
following new section:
SEC. 1033. APPLICATION OF BUY AMERICAN ACT PRINCIPLES.
(a) Reinstatement of Principles.--(1) If the Secretary of
Defense, after consultation with the United States Trade
Representative, determines that a foreign country which is
party to an agreement described in paragraph (2) has violated
the terms of the agreement by discriminating against certain
types of products produced in the United States that are
covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) Report.--The Secretary of Defense shall submit to
Congress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 1996. Such
report shall separately indicate the dollar value of items for
which the Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of 1979
(19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) Definition.--For purposes of this section, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
----------
32. An Amendment To Be Offered by Representative McNulty of New York or
Representative Solomon of New York or a Designee
At the end of title X (page 377, after line 19), insert the
following new section:
SEC. 1033. POLICY CONCERNING EXCESS DEFENSE INDUSTRIAL CAPACITY.
(a) Findings.--Congress finds as follows:
(1) The Base Closure and Realignment Commissions have
recommended that certain Government-owned defense
industrial facilities which produce goods and services
that were required during the Cold War, but which are
no longer required for the national security, be
closed.
(2) The Secretary of Defense has determined that the
maintenance of certain other Government-owned defense
industrial facilities is necessary to support the
research, development, and manufacture of goods and
services that are still required to protect the
security of the United States.
(3) These Government-owned defense industrial
facilities are critical to the security of the Nation
and should remain under Government control.
(4) Current work requirements at some of these
Government-owned defense industrial facilities have
fallen below a reasonably economic level of operation,
increasing the cost of producing required goods and
services.
(5) Existing law and policy have failed to address
adequately the supplemental requirements necessary to
operate these Government-owned defense industrial
facilities in a cost-efficient manner and, thereby, to
maintain appropriate readiness for future national
security needs.
(6) The security interests of the United States would
be served by the establishment under law of a policy
that requires the best-value operation of Government-
owned defense industrial facilities.
(7) Such a policy should include, but not necessarily
be limited to, requirements that--
(A) the required capability and capacity not
being fully used at such Government-owned
facilities be maintained with separate funding
so as to stabilize operational costs; and
(B) those facilities not be limited by
workyear/end strength hiring constraints.
(b) Prohibition.--No funds appropriated pursuant to an
authorization of appropriations in this Act may be used for
capital investment in, or the development and construct of, a
defense industrial facility unless the Secretary of Defense
certifies to the Congress that no similar capability or
minimally used capacity exists in any other Government-owned,
Government-operated defense industrial facility.
----------
33. An Amendment To Be Offered by Representative Kolbe of Arizona or a
Designee
At the end of title X (page 377, after line 19), insert the
following new section:
SEC. 1033. USE OF INMATE LABOR AT MILITARY INSTALLATIONS.
(a) Use of Inmate Labor Authorized.--(1) Chapter 155 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2610. State and local correctional institutions: use of inmate
labor
``(a) Use of Inmate Labor.--The Secretary of a military
department may enter into an agreement with a State or local
government under which nonviolent offenders incarcerated in a
correctional facility under the jurisdiction of that government
may be made available to the Secretary to perform the services
described in subsection (c) at a military installation under
the jurisdiction of the Secretary.
``(b) Expenses.--(1) Except as provided in paragraph (2),
in order to enter into an agreement pursuant to subsection (a),
a State or local government shall agree to provide inmates to
the Secretary of the military department concerned without
charge to the Federal Government. The Secretary shall not
provide compensation to an inmate who performs services
pursuant to the agreement.
``(2) The Secretary may agree to reimburse the State or
local government for administrative and other costs incurred by
the government as a direct result of providing and overseeing
inmate labor at a military installation. The Secretary may pay
a nominal fee to support alcohol and drug abuse treatment
programs for the inmates who perform services under the
agreement. The Secretary may also furnish equipment, supplies,
and other materials to be used by the inmates in performing
services under the agreement and provide meals to the inmates
while they are present at the installation.
``(c) Authorized Services.--Subject to subject (d), inmates
provided to a military installation pursuant to an agreement
under subsection (a) may be used to perform the following
services:
``(1) Construction, maintenance, or repair of roads
at the installation.
``(2) Clearing, maintaining, or reforesting of public
lands.
``(3) Construction of levees or other flood
prevention structures.
``(4) Custodial services.
``(5) Construction, maintenance, or repair of any
other public ways or works.
``(d) Conditions on Acceptance of Services.--The Secretary
of the military department concerned shall ensure that the use
of inmate labor at a military installation under this section
does not--
``(1) displace Government employees or defense
contractor employees at the installation;
``(2) impair a contract for the provision of services
at the installation; or
``(3) involve the performance of services in skills,
crafts, or trades in which there is a surplus of
available gainful labor in the locality of the
installation.
``(e) Acceptance of Services.--Notwithstanding section 1342
of title 31, United States Code, the Secretary may accept the
services provided by inmates made available to a military
installation pursuant to an agreement entered into under
subsection (a).
``(f) Application of Other Laws.--The Fair Labor Standards
Act of 1938 (29 U.S.C. et seq.), section 1 of the Act of March
3, 1931 (Chapter 411; 40 U.S.C. 276a; commonly known as the
Davis-Bacon Act), section 1 of the Act of June 30, 1936
(Chapter 881; 41 U.S.C. 35; commonly known as the Walsh-Healey
Act), and section 2 of the Service Contract Act of 1965 (41
U.S.C. 351) shall not apply with respect to the use of inmate
labor at a military installation pursuant to an agreement
entered into under subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2610. State and local correctional institutions: use of inmate
labor.''.
(b) Effective Date.--Section 2610 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 1995.
----------
34. An Amendment To Be Offered by Representative Morella of Maryland
At the end of title XII (page 409, after line 18), add the
following:
SEC. 1228. SENSE OF THE CONGRESS REGARDING THE CHEMICAL WEAPONS
CONVENTION.
(a) Findings.--The Congress finds that--
(1) events such as the March 1995 terrorist release
of a chemical nerve agent in the Tokyo subway, the
threatened use of chemical weapons during the 1991
Persian Gulf War, and the widespread use of chemical
weapons during the Iran-Iraq War of the 1980's are all
potent reminders of the menace posed by chemical
weapons, of the fact that the threat of chemical
weapons is unappreciated and not sufficiently
addressed, and of the need to outlaw the development,
production, and possession of chemical weapons;
(2) the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of
Chemical Weapons and on Their Destruction (hereafter in
this section referred to as the ``Convention'') would
establish a more comprehensive ban on chemical weapons,
and its negotiation has enjoyed strong bipartisan
congressional support, as well as the support of the
last 6 administrations, both Republican and Democratic;
(3) United States military authorities, including
Chairman of the Joint Chiefs of Staff General John
Shalikashvili, have stated that United States military
forces will deter and respond to chemical weapons
threats with a robust chemical defense and an
overwhelming superior conventional response, as
demonstrated in the Persian Gulf War, and have
testified in support of the Convention's ratification;
(4) the Congress in 1985 mandated the unilateral
destruction of the bulk of the chemical weapons
stockpile of the United States, and the Convention,
which requires participating states to destroy their
chemical arsenals and production facilities under
international supervision, would accelerate progress
toward the disarmament of chemical weapons in a
majority of the states believed to harbor chemical
weapons capabilities, as this majority is among the
Convention's 159 signatories;
(5) the United States chemical industry was an
important partner during the negotiation of the
Convention, assisted in crafting a reasonable,
effective verification protocol, participated in both
United States and international trials to implement
provisions of the Convention during its negotiation,
and testified in support of the Convention's
ratification;
(6) the United States intelligence community has
testified that the Convention will provide new and
important sources of information, through regular data
exchanges and routine and challenge inspections, to
improve the ability of the United States to assess the
chemical weapons status in countries of concern;
(7) the Convention will gradually isolate and
automatically penalize states that refuse to join by
preventing them from gaining access to dual-use
chemicals and creating a basis for monitoring illegal
diversions of those materials;
(8) the Convention has not entered into force for
lack of the requisite number of ratifications; and
(9) the United States played a leading role in
drafting the Convention and as a global leader, must
remain at the helm of this effort to deter further
proliferation of chemical weapons and provide the legal
framework that will minimize the threat posed by
chemical weapons.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the United States should signify its commitment
to reducing the threat posed by chemical weapons by
promptly joining the 28 other nations that have
ratified the Convention;
(2) both Houses of Congress should further
demonstrate United States preparedness to adopt the
Convention by acting expeditiously to pass the required
implementing legislation as soon as the Senate gives
its advice and consent to the ratification of the
Convention;
(3) both Houses of Congress should continue to lend
their full support for the indefinite future to
programs that maintain, as the Convention allows and
monitors, United States defensive preparedness against
chemical weapons; and
(4) the United States must be prepared to exercise
fully its rights under the Convention, including the
request of challenge inspections when warranted, and to
exercise leadership in pursuing punitive measures
against violators of the Convention, when warranted.
----------
35. An Amendment To Be Offered by Representative Everett of Alabama or
a Designee.
Page 439, strike out the table relating to the Army
National Guard and insert in lieu thereof the following new
table:
ARMY NATIONAL GUARD: EXTENSION OF 1993 PROJECT AUTHORIZATIONS
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
Alabama........... Tuscaloosa....... Additions and $800,000
Alterations
Armory.
Union Springs.... Additions and 300,000
Alterations
Armory.
New Jersey........ Fort Dix......... Additions and 4,750,000
Alterations
Armory.
Oregon............ La Grande........ OMS.............. 995,000
Armory Addition.. 8,049,000
------------------------------------------------------------------------
36. An Amendment To Be Offered by Representative Kaptur of Ohio or a
Designee
Page 440, after the table relating to the Army Reserve,
insert the following new table:
ARMY NATIONAL GUARD: EXTENSION OF 1992 PROJECT AUTHORIZATIONS
------------------------------------------------------------------------
State Location Project Amount
------------------------------------------------------------------------
Ohio.............. Toledo........... Armory........... $3,183,000
------------------------------------------------------------------------
----------
37. An Amendment To Be Offered by Representative Molinari of New York
or Representative Bilbray of California or a Designee
At the end of subtitle B of title XXVIII (page 470, after
line 21), insert the following new section:
SEC. 2814. REMOVAL OF BASE CLOSURE PROPERTIES FROM APPLICATION OF
SECTION 502 OF THE STEWART B. McKINNEY HOMELESS
ASSISTANCE ACT.
(a) Closures Under 1988 Act.--(1) Section 204(b) of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is
amended by striking out paragraph (6) and inserting in lieu
thereof the following new paragraph:
``(6) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411) shall not apply with respect
to the transfer or disposal of real property located at
military installations closed or realigned under this title.''.
(b) Closures Under 1990 Act.--(1) Section 2905(b) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by striking out paragraphs (6) and (7) and inserting in
lieu thereof the following new paragraph:
``(7) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411) shall not apply with respect
to transfer or disposal of real property located at military
installations closed or realigned under this part.''.
----------
38. An Amendment To Be Offered by Representative Traficant of Ohio or a
Designee
At the end of subtitle C of title XXVIII (page 490, after
line 2), insert the following new section:
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, YOUNGSTOWN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Youngstown, Ohio,
all right, title, and interest of the United States in and to a
parcel of excess real property, including improvements thereon,
that is located at 399 Miller Street in Youngstown, Ohio, and
contains the Kefurt Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the condition that the
City of Youngstown retain the conveyed property for the use and
benefit of the Youngstown Fire Department.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of such survey shall be borne by the
City of Youngstown.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
----------
39. An Amendment To Be Offered by Representative Forbes of New York or
a Designee
At the end of subtitle C of title XXVII (page 490, after
line 2), insert the following new section:
SEC. 2834. MODIFICATION OF LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL
RESERVE PLANT, CALVERTON, NEW YORK.
(a) Condition on Conveyance.--Subseciton (b) of section
2833 of the Military Construction Authorization Act for Fiscal
Year 1995 (division B of Public Law 103-337; 108 Stat. 3061) is
amended by striking out ``to replace all or a part of the
economic activity lost at the Naval Weapons Industrial Reserve
Plant''.
(b) Removal of Reversionary Interest; Addition of Lease
Authority.--Subsection (c) of such section is amended to read
as follows:
``(c) Lease Authority.--Until such time as the real
property described in subsection (a) is conveyed by deed, the
Secretary may lease the property, along with improvements
thereon, to the Community Development Agency in exchange for
security services, fire protection, and maintenance provided by
the Community Development Agency for the property.''
(c) Conforming Amendments.--Subsection (e) of such section
is amended by striking out ``subsection (a)'' and inserting in
lieu thereof ``subsection (a) or a lease under subsection
(c)''.
----------
40. An Amendment To Be Offered by Representative Hastings of Washington
or a Designee
At the end of subtitle C of title XXVIII (page 490, after
line 2), insert the following new section:
SEC. 2834. LAND EXCHANGE, FORT LEWIS, WASHINGTON
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Weyerhauser Real Estate Company, Tacoma, Washington
(in this section referred to as ``WRECO''), all right, title,
and interest of the United States in and to a parcel of real
property at Fort Lewis, Washington, known as an unimproved
portion of Tract 1000 (formerly being in the DuPont Steilacoom
Road, consisting of approximately 1.23 acres), and Tract 26E,
0.03 acre.
(b) Consideration.--As consideration for the conveyance
authorized by subsection (a), WRECO shall convey or cause to be
conveyed to the United States by warranty deed all right,
title, and interest in and to a 0.039 acre parcel of real
property located within the boundaries of Fort Lewis,
Washington, together with other consideration acceptable to the
Secretary. The total consideration conveyed to the United
States shall not be less than the fair market value of the land
conveyed under subsection (a).
(c) Determination of Fair Market Value.--The determinations
of the Secretary of the Army regarding the fair market values
of the parcels of real property and improvements to be conveyed
pursuant to subsections (a) and (b) shall be final.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be conveyed
pursuant to subsections (a) and (b) shall be determined by
surveys that are satisfactory to the Secretary of the Army. The
cost of such surveys shall be borne by WRECO.
(e) Effect on Existing Reversionary Interest.--The
Secretary may enter into an agreement with the appropriate
officials of Pierce County, Washington, under which--
(1) the existing reversionary interest of Pierce
County in the lands to be conveyed by the United States
under subsection (a) is extinguished; and
(2) the conveyance to the United States under
subsection (b) is made subject to a similar
reversionary interest in favor of Pierce County in the
lands conveyed under such subsection.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
----------
41. An Amendment To Be Offered by Representative Hall of Ohio or a
Designee
On page 532, after line 5, insert the following new
section:
SEC. 3145. ACCELERATED SCHEDULE FOR ENVIRONMENTAL MANAGEMENT
ACTIVITIES.
(a) Accelerated Cleanup.--The Secretary of Energy shall
accelerate the schedule for environmental management activities
and projects for any specific Department of Energy defense
nuclear facility site if, in the opinion of the Secretary, such
an accelerated schedule will result in substantial long-term
cost savings to the Federal Government and speed up release of
land for economic development.
(b) Site Selection.--In selecting sites for an accelerated
schedule under subsection (a), the Secretary shall give highest
priority to sites that are in close proximity to populated
areas, that pose significant risk, and that have the greatest
potential to result in privatization, commercialization, and
economic development of unneeded facilities.
(c) Eligibiity.--For purposes of subsection (a),
environmental management activities and projects shall be
eligible for an accelerated schedule under subsection (a) if
the time for completion at the site of such activities can be
reduced by 50 percent or more below the time established in the
report of the Department of Energy Office of Environmental
Management titled ``1995 Baseline Environmental Management
Report'', March 1995.
(d) Savings Provision.--Nothing in this section shall be
construed as affecting a specific statutory requirement for a
specific project, being contrary to a statutory requirement
existing as of the date of the enactment of this Act, or
increasing the risk of injury to an individual or to a
community.
----------
42. An Amendment To Be Offered by Representative Solomon of New York or
a Designee
At the end of title IX (page 345, after line 17), insert
the following new section:
SEC. 909. NAVAL NUCLEAR PROPULSION PROGRAM.
No department or agency may (except as otherwise provided
by law) regulate or direct any function of the Naval Nuclear
Propulsion Program without the concurrence of the Secretary of
Defense and the Secretary of Energy. Any change in the basic
structure of that program, the basic authorities exercised
under that program, or the basic functions and responsibilities
carried out through that program may only be made by law.
EXPLANATION: This amendment would serve to reinforce the
existing oversight authority the Navy maintains over the Naval
Nuclear Propulsion Program.
----------
43. An Amendment To Be Offered by Representative Hunter of California
or a Designee
Page 326 (section 805), line 5, strike ``Vessel
components.--'' and insert in lieu thereof ``Vessel components
for all branches of the armed forces.--''.
Page 326 (section 805), strike lines 14 through 20 and
insert in lieu thereof the following:
``(B) Ship and marine equipment, including the
following: cable assemblies, hose assemblies,
hydraulics and pumps for steering, gyrocompasses,
marine autopilots, electronic navigation chart systems,
navigators, attitude and heading reference units, power
supplies, radars, steering controls, pumps, engines,
turbines, reduction gears, motors, refrigeration
systems, generators, propulsion and machinery control
systems, and totally enclosed lifeboards, including
associated davits and winches.''.
EXPLANATION OF AMENDMENT: This amendment would expand the
items covered under the Buy America provisions. Specifically
these items relate to marine equipment.
----------
44. An Amendment To Be Offered by Representative Dellums of California
or a Designee
In title III (page 63, after line 6), insert the following
new section:
SEC. 304. OFFICE OF ECONOMIC ADJUSTMENT.
Of the amount authorized in section 301(5) for Defense-wide
activities, $60,578,000 is for the Office of Economic
Adjustment of the Department of Defense.
----------
45. An Amendment To Be Offered by Representative Woolsey of California
or a Designee
At the end of subtitle C of title XXVIII (page 490, after
line 2), insert the following new section:
SEC. 2834. MODIFICATION OF EXISTING LAND CONVEYANCE, HAMILTON AIR FORCE
BASE.
(a) Authorities in Event of Partial Sale.--In the event
that the purchaser purchases only a portion of the Sale Parcel
and exercises its option to withdraw from the sale as to the
rest of the Sale Parcel, the portion of the Sale Parcel that is
not purchased (other than Landfill 26 and an appropriate buffer
area around it and the groundwater treatment facility site),
together with any of the land referred to in section 9099(e) of
Public Law 102-396 that is not purchased by the purchaser, may
be sold to the City of Novato, in the State of California, for
the sum of One Dollar as a public benefit transfer for school,
classroom or other educational use, for use as a public park or
recreation area or for further conveyance as provided herein,
subject to the following restrictions: (1) if the City sells
any portion of such land to any third party within 10 years
after the transfer to the City, which sale may be made without
the foregoing use restrictions, any proceeds received by the
City in connection with such sale, minus the demonstrated
reasonable costs of conducting the sale and of any improvements
made by the City to the land following its acquisition of the
land (but only to the extent such improvements increase the
value of the portion sold), shall be immediately turned over to
the Army in reimbursement of the withdrawal payment made by the
Army to the contract purchaser and the costs of cleaning up the
Landfill and (2) until one year following completion of the
cleanup of contaminated soil in the Landfill and completion of
the groundwater treatment facilities, the sale must be at a
per-acre price for the portion sold that is at least equal to
the per-acre contract price paid by the purchaser for the
portion of the Sale Parcel purchased under the Agreement and
Modification, as amended, and thereafter must be at a price at
least equal to the fair market value of the portion sold. The
foregoing restrictions shall not apply to a transfer to another
public or quasi-public agency for public uses of the kind
described above. The deed to the City shall contain a clause
providing that, if any of the proceeds referred to in clause
(1) are not delivered to the Army within 30 days after sale, or
any portion of the land not sold as provided herein is used for
other than education, park or recreational uses, title to the
applicable portion of such land shall revert to the United
States at the election of the Administrator of the General
Services Administration. The Secretary of the Army shall agree
to deliver into the applicable closing escrow an
acknowledgement of receipt of any proceeds described in clause
(1) above and a release of the reverter right as to the
affected land, effective upon such receipt.
(b) Special Conveyance Regarding Building 138 Parcel.--The
Secretary of the Army may convey the Building 138 parcel, which
has been designated by the parties as Parcel A4 to the
purchaser of the Sale Parcel. The per-acre price for the
portion sold shall be at least equal to the per-acre contract
price paid by the purchaser for the portion of the Sale Parcel
purchased under the Agreement and Modification, dated September
25, 1990, as amended.
----------
46. An Amendment To Be Offered by Representative Spratt of South
Carolina or a Designee
In the matter proposed to be added by section 805(c) (page
XXX, after line XXX), insert before the period the following:
``, notwithstanding section 33 of the Office of Federal
Procurement Policy Act (41 U.S.C. 429)''.
----------
PART 3
(The amendment modifying the committee amendment in the
nature of a substitute):
Page 541, strike lines 3 through 15, and insert the
following new subsection:
``(e) Treatment of State of California Claim.--(1) All
claims against the United States by the State of California or
the Teachers' Retirement Fund of the State of California with
respect to land within the Naval Petroleum Reserve Numbered 1
or production or proceeds of sale from the reserve shall be
resolved only as follows:
``(A) A payment from funds provided for this purpose
in advance in appropriation Acts.
``(B) A grant of nonrevenue generating land in lieu
of such a payment pursuant to sections 2275 and 2276 of
the Revised Statutes of the United States (43 U.S.C.
851 and 852).
``(C) Any other means that would not be inconsistent
with the Congressional Budget Act of 1974 (2 U.S.C. 621
et seq.).
``(D) Any combination of subparagraphs (A), (B), and
(C).
``(2) The value of any payment, grant, or means (or
combination thereof) under paragraph (1) may not exceed
an amount equal to seven percent of the proceeds from
the sale of the reserve, after deducting the coats
incurred to conduct the sale.
<greek-d>
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