[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1124 Engrossed in Senate (ES)]
104th CONGRESS
1st Session
S. 1124
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Authorization
Act for Fiscal Year 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health program.
Subtitle B--Army Programs
Sec. 111. AH-64D Longbow Apache attack helicopter.
Sec. 112. OH-58D AHIP Scout helicopter.
Sec. 113. Hydra 70 rocket.
Sec. 114. Report on AH-64D engine upgrades.
Subtitle C--Navy Programs
Sec. 121. Seawolf and new attack submarine programs.
Sec. 122. Repeal of prohibition on backfit of Trident submarines.
Sec. 123. Arleigh Burke class destroyer program.
Sec. 124. Split funding for construction of naval vessels.
Sec. 125. Seawolf submarine program.
Sec. 126. Crash attenuating seats acquisition program.
Subtitle D--Other Programs
Sec. 131. Tier II predator unmanned aerial vehicle program.
Sec. 132. Pioneer unmanned aerial vehicle program.
Sec. 133. Joint Primary Aircraft Training System program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. A/F117X long-range, medium attack aircraft.
Sec. 212. Navy mine countermeasures program.
Sec. 213. Marine Corps shore fire support.
Sec. 214. Space and missile tracking system program.
Sec. 215. Precision guided munitions.
Sec. 216. Defense Nuclear Agency programs.
Sec. 217. Counterproliferation support program.
Sec. 218. Nonlethal weapons program.
Sec. 219. Federally funded research and development centers.
Sec. 220. States eligible for assistance under Defense Experimental
Program To Stimulate Competitive Research.
Sec. 221. National defense technology and industrial base, defense
reinvestment, and conversion.
Sec. 222. Revisions of Manufacturing Science and Technology Program.
Sec. 223. Preparedness of the Department of Defense to respond to
military and civil defense emergencies
resulting from a chemical, biological,
radiological, or nuclear attack.
Sec. 224. Joint Seismic Program and Global Seismic Network.
Sec. 225. Depressed altitude guided gun round system.
Sec. 226. Army echelon above corps communications.
Sec. 227. Testing of theater missile defense interceptors.
Subtitle C--Missile Defense
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Missile defense policy.
Sec. 234. Theater missile defense architecture.
Sec. 235. National missile defense system architecture.
Sec. 236. Cruise missile defense initiative.
Sec. 237. Policy regarding the ABM Treaty.
Sec. 238. Prohibition on funds to implement an international agreement
concerning theater missile defense systems.
Sec. 239. Ballistic Missile Defense program elements.
Sec. 240. ABM Treaty defined.
Sec. 241. Repeal of missile defense provisions.
Sec. 242. Sense of Senate on the Director of Operational Test and
Evaluation.
Sec. 243. Ballistic Missile Defense Technology Center.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Increase in funding for the Civil Air Patrol.
Subtitle B--Depot-Level Maintenance and Repair
Sec. 311. Policy regarding performance of depot-level maintenance and
repair for the Department of Defense.
Sec. 312. Extension of authority for aviation depots and naval
shipyards to engage in defense-related
production and services.
Subtitle C--Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under
environmental restoration program.
Sec. 322. Discharges from vessels of the Armed Forces.
Sec. 323. Revision of authorities relating to restoration advisory
boards.
Subtitle D--Civilian Employees
Sec. 331. Minimum number of military reserve technicians.
Sec. 332. Exemption of Department of Defense from personnel ceilings
for civilian personnel.
Sec. 333. Wearing of uniform by National Guard technicians.
Sec. 334. Extension of temporary authority to pay civilian employees
with respect to the evacuation from
Guantanamo, Cuba.
Sec. 335. Sharing of personnel of Department of Defense domestic
dependent schools and Defense Dependents'
Education System.
Sec. 336. Revision of authority for appointments of involuntarily
separated military reserve technicians.
Sec. 337. Cost of continuing health insurance coverage for employees
voluntarily separated from positions to be
eliminated in a reduction in force.
Sec. 338. Elimination of 120-day limitation on details of certain
employees.
Sec. 339. Repeal of requirement for part-time career opportunity
employment reports.
Sec. 340. Authority of civilian employees of Department of Defense to
participate voluntarily in reductions in
force.
Sec. 341. Authority to pay severance payments in lump sums.
Sec. 342. Holidays for employees whose basic workweek is other than
Monday through Friday.
Sec. 343. Coverage of nonappropriated fund employees under authority
for flexible and compressed work schedules.
Subtitle E--Defense Financial Management
Sec. 351. Financial management training.
Sec. 352. Limitation on opening of new centers for Defense Finance and
Accounting Service.
Subtitle F--Miscellaneous Assistance
Sec. 361. Department of Defense funding for National Guard
participation in joint disaster and
emergency assistance exercises.
Sec. 362. Office of Civil-Military Programs.
Sec. 363. Revision of authority for Civil-Military Cooperative Action
Program.
Sec. 364. Office of Humanitarian and Refugee Affairs.
Sec. 365. Overseas humanitarian, disaster, and civic AID programs.
Subtitle G--Operation of Morale, Welfare, and Recreation Activities
Sec. 371. Disposition of excess morale, welfare, and recreation funds.
Sec. 372. Elimination of certain restrictions on purchases and sales of
items by exchange stores and other morale,
welfare, and recreation facilities.
Sec. 373. Repeal of requirement to convert ships' stores to
nonappropriated fund instrumentalities.
Subtitle H--Other Matters
Sec. 381. National Defense Sealift Fund: availability for the National
Defense Reserve Fleet.
Sec. 382. Availability of recovered losses resulting from contractor
fraud.
Sec. 383. Permanent authority for use of proceeds from the sale of
certain lost, abandoned, or unclaimed
property.
Sec. 384. Sale of military clothing and subsistence and other supplies
of the Navy and Marine Corps.
Sec. 385. Conversion of Civilian Marksmanship Program to
nonappropriated fund instrumentality and
activities under program.
Sec. 386. Report on efforts to contract out certain functions of
Department of Defense.
Sec. 387. Impact aid.
Sec. 388. Funding for troops to teachers program and troops to cops
program.
Sec. 389. Authorizing the amounts requested in the budget for Junior
ROTC.
Sec. 390. Report on private performance of certain functions performed
by military aircraft.
Sec. 391. Allegany Ballistics Laboratory.
Sec. 392. Encouragement of use of leasing authority.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength
limitations for active duty Air Force and
Navy officers in certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to
be counted.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. Increase in number of members in certain grades authorized to
serve on active duty in support of the
reserves.
Sec. 414. Reserves on active duty in support of Cooperative Threat
Reduction programs not to be counted.
Sec. 415. Reserves on active duty for military-to-military contacts and
comparable activities not to be counted.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Revision of service obligation for graduates of the service
academies.
Sec. 503. Qualifications for appointment as Surgeon General of an armed
force.
Sec. 504. Deputy Judge Advocate General of the Air Force.
Sec. 505. Retiring general and flag officers: applicability of uniform
criteria and procedures for retiring in
highest grade in which served.
Sec. 506. Extension of certain reserve officer management authorities.
Sec. 507. Restrictions on wearing insignia for higher grade before
promotion.
Sec. 508. Director of admissions, United States Military Academy:
retirement for years of service.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Mobilization income insurance program for members of Ready
Reserve.
Sec. 512. Eligibility of dentists to receive assistance under the
financial assistance program for health
care professionals in reserve components.
Sec. 513. Leave for members of reserve components performing public
safety duty.
Subtitle C--Uniform Code of Military Justice
Sec. 521. References to Uniform Code of Military Justice.
Sec. 522. Definitions.
Sec. 523. Article 32 investigations.
Sec. 524. Refusal to testify before court-martial.
Sec. 525. Commitment of accused to treatment facility by reason of lack
of mental capacity or mental
responsibility.
Sec. 526. Forfeiture of pay and allowances and reduction in grade.
Sec. 527. Deferment of confinement.
Sec. 528. Submission of matters to the convening authority for
consideration.
Sec. 529. Proceedings in revision.
Sec. 530. Appeal by the United States.
Sec. 531. Flight from apprehension.
Sec. 532. Carnal knowledge.
Sec. 533. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 534. Technical amendment.
Sec. 535. Permanent authority concerning temporary vacancies on the
Court of Appeals for the Armed Forces.
Sec. 536. Advisory panel on UCMJ jurisdiction over civilians
accompanying the Armed Forces in time of
armed conflict.
Subtitle D--Decorations and Awards
Sec. 541. Award of Purple Heart to certain former prisoners of war.
Sec. 542. Meritorious and valorous service during Vietnam era: review
and awards.
Sec. 543. Military intelligence personnel prevented by secrecy from
being considered for decorations and
awards.
Sec. 544. Review regarding awards of Distinguished-Service Cross to
Asian-Americans and Pacific Islanders for
certain World War II service.
Subtitle E--Other Matters
Sec. 551. Determination of whereabouts and status of missing persons.
Sec. 552. Service not creditable for periods of unavailability or
incapacity due to misconduct.
Sec. 553. Separation in cases involving extended confinement.
Sec. 554. Duration of field training or practice cruise required under
the Senior Reserve Officers' Training Corps
program.
Sec. 555. Correction of military records.
Sec. 556. Limitation on reductions in medical personnel.
Sec. 557. Repeal of requirement for athletic director and
nonappropriated fund account for the
athletics programs at the service
academies.
Sec. 558. Prohibition on use of funds for service academy preparatory
school test program.
Sec. 559. Centralized judicial review of Department of Defense
personnel actions.
Sec. 560. Delay in reorganization of Army ROTC regional headquarters
structure.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Election of basic allowance for quarters instead of
assignment to inadequate quarters.
Sec. 603. Payment of basic allowance for quarters to members of the
uniformed services in pay grade E-6 who are
assigned to sea duty.
Sec. 604. Limitation on reduction of variable housing allowance for
certain members.
Sec. 605. Clarification of limitation on eligibility for family
separation allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse
officer candidates, registered nurses, and
nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Hazardous duty incentive pay for warrant officers and
enlisted members serving as air weapons
controllers.
Sec. 615. Aviation career incentive pay.
Sec. 616. Clarification of authority to provide special pay for nurses.
Sec. 617. Continuous entitlement to career sea pay for crew members of
ships designated as tenders.
Sec. 618. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Calculation on basis of mileage tables of Secretary of
Defense: repeal of requirement.
Sec. 622. Departure allowances.
Sec. 623. Dislocation allowance for moves resulting from a base closure
or realignment.
Sec. 624. Transportation of nondependent child from sponsor's station
overseas after loss of dependent status
while overseas.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 631. Use of commissary stores by members of the Ready Reserve.
Sec. 632. Use of commissary stores by retired Reserves under age 60 and
their survivors.
Sec. 633. Use of morale, welfare, and recreation facilities by members
of reserve components and dependents:
clarification of entitlement.
Subtitle E--Other Matters
Sec. 641. Cost-of-living increases for retired pay.
Sec. 642. Eligibility for retired pay for non-regular service denied
for members receiving certain sentences in
courts-martial.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Automatic maximum coverage under Servicemen's Group Life
Insurance.
Sec. 645. Termination of Servicemen's Group Life Insurance for members
of the Ready Reserve who fail to pay
premiums.
Sec. 646. Report on extending to junior noncommissioned officers
privileges provided for senior
noncommissioned officers.
Sec. 647. Payment to survivors of deceased members of the uniformed
services for all leave accrued.
Sec. 648. Annuities for certain military surviving spouses.
Sec. 649. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
TITLE VII--HEALTH CARE
Subtitle A--Health Care Services
Sec. 701. Medical care for surviving dependents of retired Reserves who
die before age 60.
Sec. 702. Dental insurance for members of the Selected Reserve.
Sec. 703. Modification of requirements regarding routine physical
examinations and immunizations under
CHAMPUS.
Sec. 704. Permanent authority to carry out specialized treatment
facility program.
Sec. 705. Waiver of medicare part B late enrollment penalty and
establishment of special enrollment period
for certain military retirees and
dependents.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program and other terms.
Sec. 712. Provision of TRICARE uniform benefits by uniformed services
treatment facilities.
Sec. 713. Sense of Senate on access of medicare eligible beneficiaries
of CHAMPUS to health care under TRICARE.
Sec. 714. Pilot program of individualized residential mental health
services.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as
uniformed services treatment facilities.
Sec. 722. Applicability of Federal Acquisition Regulation to
participation agreements with uniformed
services treatment facilities.
Sec. 723. Applicability of CHAMPUS payment rules in certain cases.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Investment incentive for managed health care in medical
treatment facilities.
Sec. 732. Revision and codification of limitations on physician
payments under CHAMPUS.
Sec. 733. Personal services contracts for medical treatment facilities
of the Coast Guard.
Sec. 734. Disclosure of information in medicare and medicaid coverage
data bank to improve collection from
responsible parties for health care
services furnished under CHAMPUS.
Subtitle E--Other Matters
Sec. 741. TriService nursing research.
Sec. 742. Fisher House trust funds.
Sec. 743. Applicability of limitation on prices of pharmaceuticals
procured for Coast Guard.
Sec. 744. Report on effect of closure of Fitzsimons Army Medical
Center, Colorado, on provision of care to
military personnel and dependents
experiencing health difficulties associated
with Persian Gulf Syndrome.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
Sec. 801. Waivers from cancellation of funds.
Sec. 802. Procurement notice posting thresholds and subcontracts for
ocean transportation services.
Sec. 803. Prompt resolution of audit recommendations.
Sec. 804. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 805. Naval salvage facilities.
Sec. 806. Authority to delegate contracting authority.
Sec. 807. Coordination and communication of defense research
activities.
Sec. 808. Procurement of items for experimental or test purposes.
Sec. 809. Quality control in procurements of critical aircraft and ship
spare parts.
Sec. 810. Use of funds for acquisition of designs, processes, technical
data, and computer software.
Sec. 811. Independent cost estimates for major defense acquisition
programs.
Sec. 812. Fees for certain testing services.
Sec. 813. Construction, repair, alteration, furnishing, and equipping
of naval vessels.
Sec. 814. Civil Reserve Air Fleet.
Sec. 815. Cost and pricing data.
Sec. 816. Procurement notice technical amendments.
Sec. 817. Repeal of duplicative authority for simplified acquisition
purchases.
Sec. 818. Micro-purchases without competitive quotations.
Sec. 819. Restriction on reimbursement of costs.
Subtitle B--Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Treatment of Department of Defense cable television franchise
agreements.
Sec. 823. Preservation of ammunition industrial base.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Redesignation of the position of Assistant to the Secretary
of Defense for Atomic Energy.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Disbursing and certifying officials.
Sec. 1003. Defense modernization account.
Sec. 1004. Authorization of prior emergency supplemental appropriations
for fiscal year 1995.
Sec. 1005. Limitation on use of authority to pay for emergency and
extraordinary expenses.
Sec. 1006. Transfer authority regarding funds available for foreign
currency fluctuations.
Sec. 1007. Report on budget submission regarding reserve components.
Subtitle B--Naval Vessels
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Naming amphibious ships.
Subtitle C--Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support
of drug interdiction and counter-drug
activities of the National Guard.
Sec. 1022. National Drug Intelligence Center.
Sec. 1023. Assistance to Customs Service.
Subtitle D--Department of Defense Education Programs
Sec. 1031. Continuation of the Uniformed Services University of the
Health Sciences.
Sec. 1032. Additional graduate schools and programs at the Uniformed
Services University of the Health Sciences.
Sec. 1033. Funding for basic adult education programs for military
personnel and dependents outside the United
States.
Sec. 1034. Scope of education programs of Community College of the Air
Force.
Sec. 1035. Date for annual report on Selected Reserve Educational
Assistance Program.
Sec. 1036. Establishment of Junior ROTC units in Indian reservation
schools.
Subtitle E--Cooperative Threat Reduction With States of the Former
Soviet Union
Sec. 1041. Cooperative Threat Reduction programs defined.
Sec. 1042. Funding matters.
Sec. 1043. Limitation relating to offensive biological warfare program
of Russia.
Sec. 1044. Limitation on use of funds for cooperative threat reduction.
Subtitle F--Matters Relating to Other Nations
Sec. 1051. Cooperative research and development agreements with NATO
organizations.
Sec. 1052. National security implications of United States export
control policy.
Sec. 1053. Defense export loan guarantees.
Sec. 1054. Landmine clearing assistance program.
Sec. 1055. Strategic cooperation between the United States and Israel.
Sec. 1056. Support services for the Navy at the Port of Haifa, Israel.
Sec. 1057. Prohibition on assistance to terrorist countries.
Sec. 1058. International military education and training.
Sec. 1059. Repeal of limitation regarding American diplomatic
facilities in Germany.
Sec. 1060. Implementation of arms control agreements.
Sec. 1061. Sense of Congress on limiting the placing of United States
forces under United Nations command or
control.
Sec. 1062. Sense of Senate on protection of United States from
ballistic missile attack.
Sec. 1063. Iran and Iraq arms nonproliferation.
Sec. 1064. Reports on arms export control and military assistance.
Subtitle G--Repeal of Certain Reporting Requirements
Sec. 1071. Reports required by title 10, United States Code.
Sec. 1072. Reports required by title 37, United States Code, and
related provisions of defense authorization
Acts.
Sec. 1073. Reports required by other defense authorization and
appropriations Acts.
Sec. 1074. Reports required by other national security laws.
Sec. 1075. Reports required by other provisions of the United States
Code.
Sec. 1076. Reports required by other provisions of law.
Sec. 1077. Reports required by Joint Committee on Printing.
Subtitle H--Other Matters
Sec. 1081. Global positioning system.
Sec. 1082. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1083. National Guard civilian youth opportunities pilot program.
Sec. 1084. Report on Department of Defense boards and commissions.
Sec. 1085. Revision of authority for providing Army support for the
National Science Center for Communications
and Electronics.
Sec. 1086. Authority to suspend or terminate collection actions against
deceased members.
Sec. 1087. Damage or loss to personal property due to emergency
evacuation or extraordinary circumstances.
Sec. 1088. Check cashing and exchange transactions for dependents of
United States Government personnel.
Sec. 1089. Travel of disabled veterans on military aircraft.
Sec. 1090. Transportation of crippled children in Pacific Rim region to
Hawaii for medical care.
Sec. 1091. Student information for recruiting purposes.
Sec. 1092. State recognition of military advance medical directives.
Sec. 1093. Report on personnel requirements for control of transfer of
certain weapons.
Sec. 1094. Sense of Senate regarding Ethics Committee investigation.
Sec. 1095. Sense of Senate regarding Federal spending.
Sec. 1096. Associate Director of Central Intelligence for Military
Support.
Sec. 1097. Review of national policy on protecting the national
information infrastructure against
strategic attacks.
Sec. 1098. Judicial assistance to the International Tribunal for
Yugoslavia and to the International
Tribunal for Rwanda.
Sec. 1099. Landmine use moratorium.
Sec. 1099A. Extension of pilot outreach program.
Sec. 1099B. Sense of Senate on Midway Islands.
Sec. 1099C. Study on chemical weapons stockpile.
Sec. 1099D. Designation of National Maritime Center.
Sec. 1099E. Operational Support Airlift Aircraft Fleet.
Sec. 1099F. Sense of the Senate on Chemical Weapons Convention and
START II Treaty ratification.
TITLE XI--TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1101. Amendments related to Reserve Officer Personnel Management
Act.
Sec. 1102. Amendments related to Federal Acquisition Streamlining Act
of 1994.
Sec. 1103. Amendments to reflect name change of Committee on Armed
Services of the House of Representatives.
Sec. 1104. Miscellaneous amendments to title 10, United States Code.
Sec. 1105. Miscellaneous amendments to annual defense authorization
Acts.
Sec. 1106. Miscellaneous amendments to Federal acquisition laws.
Sec. 1107. Miscellaneous amendments to other laws.
Sec. 1108. Coordination with other amendments.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Army as follows:
(1) For aircraft, $1,396,451,000.
(2) For missiles, $894,430,000.
(3) For weapons and tracked combat vehicles,
$1,547,964,000.
(4) For ammunition, $1,120,115,000.
(5) For other procurement, $2,771,101,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,916,588,000.
(2) For weapons, including missiles and torpedoes,
$1,771,421,000.
(3) For shipbuilding and conversion, $7,111,935,000.
(4) For other procurement, $2,471,861,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Marine Corps in the amount
of $683,416,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Air Force as follows:
(1) For aircraft, $6,318,586,000.
(2) For missiles, $3,597,499,000.
(3) For other procurement, $6,546,001,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1996
for Defense-wide procurement in the amount of $2,118,324,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $209,400,000.
(2) For the Air National Guard, $137,000,000.
(3) For the Army Reserve, $62,000,000.
(4) For the Naval Reserve, $74,000,000.
(5) For the Air Force Reserve, $240,000,000.
(6) For the Marine Corps Reserve, $55,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Inspector General of the Department of Defense
in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1996
the amount of $671,698,000 for--
(1) the destruction of lethal chemical weapons and
munitions in accordance with section 1412 of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare material of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $288,033,000.
Subtitle B--Army Programs
SEC. 111. AH-64D LONGBOW APACHE ATTACK HELICOPTER.
The Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into multiyear procurement
contracts for procurement of AH-64D Longbow Apache attack helicopters.
SEC. 112. OH-58D AHIP SCOUT HELICOPTER.
The prohibition in section 133(a)(2) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1383) does not apply to the obligation of funds in amounts
not to exceed $125,000,000 for the procurement of not more than 20 OH-
58D AHIP Scout aircraft from funds appropriated for fiscal year 1996
pursuant to section 101.
SEC. 113. HYDRA 70 ROCKET.
(a) Limitation.--Funds appropriated or otherwise made available for
the Department of Defense for fiscal year 1996 may not be obligated to
procure Hydra 70 rockets until the Secretary of the Army submits to
Congress a document that contains the certifications described in
subsection (b)(1) together with a discussion of the matter described in
subsection (b)(2).
(b) Content of Submission.--(1) A document submitted under
subsection (a) satisfies the certification requirements of that
subsection if it contains the certifications of the Secretary that--
(A) the specific technical cause of Hydra 70 Rocket
failures has been identified;
(B) the technical corrections necessary for eliminating
premature detonations of such rockets have been validated;
(C) the total cost of making the necessary corrections on
all Hydra 70 rockets that are in the Army inventory or are
being procured under any contract in effect on the date of the
enactment of this Act does not exceed the amount equal to 15
percent of the nonrecurring costs that would be incurred by the
Army for acquisition of improved rockets, including
commercially developed nondevelopmental systems, to replace the
Hydra 70 rockets; and
(D) a nondevelopmental composite rocket system has been
fully reviewed for, or has received operational and platform
certifications for, full qualification of an alternative
composite rocket motor and propellant.
(2) The document shall also contain a discussion of whether the
existence of the system referred to in the certification under
paragraph (1)(D) will result in--
(A) early and continued availability of training rockets to
meet the requirements of the Army for such rockets; and
(B) the attainment of competition in future procurements of
training rockets to meet such requirements.
(c) Waiver Authority.--The Secretary of Defense may waive the
requirement in subsection (a) for the Secretary to submit the document
described in that subsection before procuring Hydra 70 rockets if the
Secretary determines that a delay in procuring the rockets pending
compliance with the requirement would result in a significant risk to
the national security of the United States. Any such waiver may not
take effect until the Secretary submits to Congress a notification of
that determination together with the reasons for the determination.
SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army shall
submit to Congress a report on plans to procure T700-701C engine
upgrade kits for Army AH-64D helicopters. The report shall include--
(1) a plan to provide for the upgrade of all Army AH-64D
helicopters with T700-701C engine kits commencing in fiscal
year 1996.
(2) detailed timeline and funding requirements for the
engine upgrade program described in paragraph (1).
Subtitle C--Navy Programs
SEC. 121. SEAWOLF AND NEW ATTACK SUBMARINE PROGRAMS.
(a) Funding.--(1) Of the amount authorized to be appropriated under
section 102(a)(3)--
(A) $1,507,477,000 shall be available for the final Seawolf
attack submarine (SSN-23); and
(B) $814,498,000 shall be available for design and advance
procurement in fiscal year 1996 for the lead submarine and the
second submarine under the New Attack Submarine program, of
which--
(i) $10,000,000 shall be available only for
participation of Newport News Shipbuilding in the New
Attack Submarine design; and
(ii) $100,000,000 shall be available only for
advance procurement and design of the second submarine
under the New Attack Submarine program.
(2) Of amounts authorized under any provision of law to be
appropriated for procurement for the Navy for fiscal year 1997 for
shipbuilding and conversion, $802,000,000 shall be available for design
and advance procurement in fiscal year 1997 for the lead submarine and
the second submarine under the New Attack Submarine program, of which--
(A) $75,000,000 shall be available only for participation
by Newport News Shipbuilding in the New Attack Submarine
design; and
(B) $427,000,000 shall be available only for advance
procurement and design of the second submarine under the New
Attack Submarine program.
(3) Of the amount authorized to be appropriated under section
201(2), $455,398,000 shall be available for research, development,
test, and evaluation for the New Attack Submarine program.
(b) Competition Required.--Funds referred to in subsection (c) may
not be obligated until the Secretary of the Navy certifies in writing
to the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives that--
(1) the Secretary has restructured the New Attack Submarine
program in accordance with this section so as to provide for--
(A) procurement of the lead vessel under the New
Attack Submarine program from the Electric Boat
Division beginning in fiscal year 1998, if the price
offered by Electric Boat Division is determined by the
Secretary as being fair and reasonable;
(B) procurement of the second vessel under the New
Attack Submarine program from Newport News Shipbuilding
beginning in fiscal year 1999, if the price offered by
Newport News Shipbuilding is determined by the
Secretary as being fair and reasonable; and
(C) procurement of other vessels under the New
Attack Submarine program under one or more contracts
that are entered into after competition between
potential competitors (as defined in subsection (i)) in
which the Secretary shall solicit competitive proposals
and award the contract or contracts on the basis of
price; and
(2) the Secretary has directed, as set forth in detail in
such certification, that no action prohibited in subsection (d)
will be taken to impair the design, engineering, construction,
and maintenance competencies of either Electric Boat Division
or Newport News Shipbuilding to construct the New Attack
Submarine.
(c) Covered Funds.--The funds referred to in subsection (b) are as
follows:
(1) Funds available to the Navy for any fiscal year after
fiscal year 1995 for procurement of the final Seawolf attack
submarine (SSN-23) pursuant to this Act or any Act enacted
after the date of the enactment of this Act.
(2) Funds available to the Navy for any such fiscal year
for research, development, test, and evaluation or for
procurement (including design and advance procurement) for the
New Attack Submarine program pursuant to this Act or any Act
enacted after the date of the enactment of this Act.
(d) Limitation on Certain Actions.--In order to ensure that
Electric Boat Division and Newport News Shipbuilding retain the
technical competencies to construct the New Attack Submarine, the
following actions are prohibited:
(1) A termination of or failure to extend, except by reason
of a breach of contract by the contractor or an insufficiency
of appropriations--
(A) the existing Planning Yard contract for the
Trident class submarines; or
(B) the existing Planning Yard contract for the
SSN-688 Los Angeles class submarines.
(2) A termination of any existing Lead Design Yard contract
for the SSN-21 Seawolf class submarines or for the SSN-688 Los
Angeles class submarines, except by reason of a breach of
contract by the contractor or an insufficiency of
appropriations.
(3) A failure of, or refusal by, the Department of the Navy
to permit both Electric Boat Division and Newport News
Shipbuilding to have access to sufficient information
concerning the design of the New Attack Submarine to ensure
that each is capable of constructing the New Attack Submarine.
(e) Limitation on Expenditure of Funds for Seawolf Program.--Of the
funds referred to in subsection (c)(1)--
(1) not more than $700,000,000 may be expended in fiscal
year 1996;
(2) not more than an additional $200,000,000 may be
expended in fiscal year 1997;
(3) not more than an additional $200,000,000 may be
expended in fiscal year 1998; and
(4) not more than an additional $407,477,000 may be
expended in fiscal year 1999.
(f) Limitation on Expenditure of Funds for New Attack Submarine
Program.--Funds referred to in subsection (c)(2) that are available for
the lead and second vessels under the New Attack Submarine program may
not be expended during fiscal year 1996 for the lead vessel under that
program (other than for class design) unless funds are obligated or
expended during such fiscal year for a contract in support of
procurement of the second vessel under the program.
(g) Reports Required.--Not later than November 1, 1995, and every
six months thereafter through November 1, 1998, the Secretary of the
Navy shall submit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives a
report setting forth the obligations and expenditures of funds for--
(1) the procurement of the final Seawolf attack submarine
(SSN-23); and
(2) research, development, test, and evaluation or for
procurement (including design and advance procurement) for the
lead and second vessels under the New Attack Submarine program.
(h) References to Contractors.--For purposes of this section--
(1) the contractor referred to as ``Electric Boat
Division'' is General Dynamics Corporation Electric Boat
Division; and
(2) the contractor referred to as ``Newport News
Shipbuilding'' is Newport News Shipbuilding and Drydock
Company.
(i) Definitions.--In this section:
(1) The term ``potential competitor'' means any source to
which the Secretary of the Navy has awarded, within 10 years
before the date of the enactment of this Act, a contract or
contracts to construct one or more nuclear attack submarines.
(2) The term ``New Attack Submarine'' means any submarine
planned or programmed by the Navy as a class of submarines the
lead ship of which is planned by the Navy, as of the date of
the enactment of this Act, for procurement in fiscal year 1998.
SEC. 122. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUBMARINES.
Section 124 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2683) is repealed.
SEC. 123. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) First Increment Funding.--Of the amount authorized to be
appropriated under section 102(a)(3), $650,000,000 shall be available
in accordance with section 7315 of title 10, United States Code (as
added by section 124), as the first increment of funding for two
Arleigh Burke class destroyers.
(b) Final Increment Funding.--It is the sense of Congress that the
Secretary of the Navy should plan for and request the final increment
of funding for the two destroyers for fiscal year 1997 in accordance
with section 7315 of title 10, United States Code (as added by section
124).
SEC. 124. SPLIT FUNDING FOR CONSTRUCTION OF NAVAL VESSELS.
(a) In General.--Chapter 633 of title 10, United States Code is
amended by adding at the end the following:
``Sec. 7315. Planning for funding construction
``(a) Planning for Split Funding.--The Secretary of Defense may
provide in the future-years defense program for split funding of
construction of new naval vessels satisfying the requirements of
subsection (d).
``(b) Split Funding Requests.--In the case of construction of a new
naval vessel satisfying the requirements of subsection (d), the
Secretary of the Navy shall--
``(1) determine the total amount that is necessary for
construction of the vessel, including an allowance for future
inflation; and
``(2) request funding for construction of the vessel in two
substantially equal increments.
``(c) Contract Authorized Upon Funding of First Increment.--(1) The
Secretary of the Navy may enter into a contract for the construction of
a new naval vessel upon appropriation of a first increment of funding
for construction of the vessel.
``(2) A contract entered into in accordance with paragraph (1)
shall include a liquidated damages clause for any termination of the
contract for the convenience of the Government that occurs before the
remainder of the amount necessary for full funding of the contract is
appropriated.
``(d) Applicability.--This section applies to construction of a
naval vessel--
``(1) that is in a class of vessels for which the design is
mature and there is sufficient construction experience for the
costs of construction to be well understood and predictable;
and
``(2) for which--
``(A) provision is made in the future-years defense
program; or
``(B) the Chairman of the Joint Chiefs of Staff, in
consultation with the Secretary of the Navy, has
otherwise determined that there is a valid military
requirement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 633 of such title is amended by adding at the end the
following:
``7315. Planning for funding construction.''.
SEC. 125. SEAWOLF SUBMARINE PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection (b), the
total amount obligated or expended for procurement of the SSN-21, SSN-
22, and SSN-23 Seawolf class submarines may not exceed $7,223,659,000.
(b) Automatic Increase of Limitation Amount.--The amount of the
limitation set forth in subsection (a) is increased after fiscal year
1995 by the following amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to
economic inflation after fiscal year 1995.
(3) The amounts of increases in costs attributable to
compliance with changes in Federal, State, or local laws
enacted after fiscal year 1995.
SEC. 126. CRASH ATTENUATING SEATS ACQUISITION PROGRAM.
(a) Program Authorized.--The Secretary of the Navy may establish a
program to procure for, and install in, H-53E military transport
helicopters commercially developed, energy absorbing, crash attenuating
seats that the Secretary determines are consistent with military
specifications for seats for such helicopters.
(b) Funding.--To the extent provided in appropriations Acts, of the
unobligated balance of amounts appropriated for the Legacy Resource
Management Program pursuant to the authorization of appropriations in
section 301(5) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2706), not more than
$10,000,000 shall be available to the Secretary of the Navy, by
transfer to the appropriate accounts, for carrying out the program
authorized in subsection (a).
Subtitle D--Other Programs
SEC. 131. TIER II PREDATOR UNMANNED AERIAL VEHICLE PROGRAM.
Funds appropriated or otherwise made available for the Department
of Defense for fiscal year 1996 for procurement or for research,
development, test, and evaluation may not be obligated or expended for
the Tier II Predator unmanned aerial vehicle program.
SEC. 132. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than \1/6\ of the amount appropriated pursuant to this Act
for the activities and operations of the Unmanned Aerial Vehicle Joint
Program Office (UAV-JPO), and none of the unobligated balances of funds
appropriated for fiscal years before fiscal year 1996 for the
activities and operations of such office, may be obligated until the
Secretary of the Navy certifies to the Committee on Armed Services of
the Senate and the Committee on National Security of the House of
Representatives that the nine Pioneer Unmanned Aerial Vehicle systems
have been equipped with the Common Automatic Landing and Recovery
System (CARS).
SEC. 133. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM PROGRAM.
Of the amount authorized to be appropriated under section 103(1),
$54,968,000 shall be available for the Joint Primary Aircraft Training
System program for procurement of up to eight aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,845,097,000.
(2) For the Navy, $8,624,230,000.
(3) For the Air Force, $13,087,389,000.
(4) For Defense-wide activities, $9,533,148,000, of which--
(A) $239,341,000 is authorized for the activities
of the Director, Test and Evaluation;
(B) $22,587,000 is authorized for the Director of
Operational Test and Evaluation; and
(C) $475,470,000 is authorized for Other Theater
Missile Defense, of which up to $25,000,000 may be made
available for the operation of the Battlefield
Integration Center.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be appropriated
by section 201, $4,076,580,000 shall be available for basic research
and exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--For
purposes of this section, the term ``basic research and exploratory
development'' means work funded in program elements for defense
research and development under Department of Defense category 6.1 or
6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. A/F117X LONG-RANGE, MEDIUM ATTACK AIRCRAFT.
Of the amount authorized to be appropriated by section 201(2) for
the Joint Advanced Strike Technology program--
(1) $25,000,000 shall be available for the conduct, during
fiscal year 1996, of a 6-month program definition phase for the
A/F117X, an F-117 fighter aircraft modified for use by the Navy
as a long-range, medium attack aircraft; and
(2) $150,000,000 shall be available for engineering and
manufacturing development of the A/F117X aircraft, except that
none of such amount may be obligated until the Secretary of the
Navy, after considering the results of the program definition
phase, approves proceeding into engineering and manufacturing
development of the A/F117X aircraft.
SEC. 212. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense, Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317) is
amended--
(1) by striking out ``Director, Defense Research and
Engineering'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology''; and
(2) by striking out ``fiscal years 1995 through 1999'' and
inserting in lieu thereof ``fiscal years 1997 through 1999''.
SEC. 213. MARINE CORPS SHORE FIRE SUPPORT.
Of the amount appropriated pursuant to section 201(2) for the
Tomahawk Baseline Improvement Program, not more than 50 percent of that
amount may be obligated until the Secretary of the Navy certifies to
the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives that the Secretary
has structured, and planned for full funding of, a program leading to a
live-fire test of an Army Extended Range Multiple Launch Rocket from an
Army Multiple Launch Rocket Launcher on a Navy ship before October 1,
1997.
SEC. 214. SPACE AND MISSILE TRACKING SYSTEM PROGRAM.
(a) Development and Deployment Plan.--The Secretary of the Air
Force shall structure the development schedule for the Space and
Missile Tracking System so as to achieve a first launch of a user
operation evaluation system (UOES) satellite in fiscal year 2001, and
to attain initial operational capability (IOC) of a full constellation
of user operation evaluation systems and objective system satellites in
fiscal year 2003.
(b) Management Oversight.--In exercising the responsibility for the
Space and Missile Tracking System program, the Secretary of the Air
Force shall first obtain the concurrence of the Director of the
Ballistic Missile Defense Organization before implementing any decision
that would have any of the following results regarding the program:
(1) A reduction in funds available for obligation or
expenditure for the program for a fiscal year below the amount
specifically authorized and appropriated for the program for
that fiscal year.
(2) An increase in the total program cost.
(3) A delay in a previously established development or
deployment schedule.
(4) A modification in the performance parameters or
specifications.
(c) Authorization.--Of the amount authorized to be appropriated
under section 201(3) for fiscal year 1996, $249,824,000 shall be
available for the Space and Missile Tracking System (SMTS) program.
SEC. 215. PRECISION GUIDED MUNITIONS.
(a) Analysis Required.--The Secretary of Defense shall perform an
analysis of the full range of precision guided munitions in production
and in research, development, test, and evaluation in order to
determine the following:
(1) The numbers and types of precision guided munitions
that are needed to provide a complementary capability against
each target class.
(2) The feasibility of carrying out joint development and
procurement of additional munition types by more than one of
the Armed Forces.
(3) The feasibility of integrating a particular precision
guided munition on multiple service platforms.
(4) The economy and effectiveness of continuing acquisition
of--
(A) interim precision guided munitions; or
(B) precision guided munitions that, as a result of
being procured in decreasing numbers to meet decreasing
quantity requirements, have increased in cost per unit
by more than 50 percent over the cost per unit for such
munitions as of December 1, 1991.
(b) Report.--(1) Not later than February 1, 1996, the Secretary
shall submit to Congress a report on the findings and other results of
the analysis.
(2) The report shall include a detailed discussion of the process
by which the Department of Defense--
(A) approves the development of new precision guided
munitions;
(B) avoids duplication and redundancy in the precision
guided munitions programs of the Army, Navy, Air Force, and
Marine Corps;
(C) ensures rationality in the relationship between the
funding plans for precision guided munitions modernization for
fiscal years following fiscal year 1996 and the costs of such
modernization for those fiscal years; and
(D) identifies by name and function each person responsible
for approving each new precision guided munition for initial
low-rate production.
(c) Funding Limitation.--Funds authorized to be appropriated by
this Act may not be expended for research, development, test, and
evaluation or procurement of interim precision guided munitions until
the Secretary of Defense submits the report under subsection (b).
(d) Interim Precision Guided Munition Defined.--For purposes of
paragraph (1), a precision guided munition is an interim precision
guided munition if the munition is being procured in fiscal year 1996,
but funding is not proposed for additional procurement of the munition
in the fiscal years after fiscal year 1996 in the future years defense
program submitted to Congress in 1995 under section 221(a) of title 10,
United States Code.
SEC. 216. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) Agency Funding.--Of the amounts authorized to be appropriated
to the Department of Defense in section 201, $252,900,000 shall be
available for the Defense Nuclear Agency.
(b) Tunnel Characterization and Neutralization Program.--Of the
amount available under subsection (a), $3,000,000 shall be available
for a tunnel characterization and neutralization program to be managed
by the Defense Nuclear Agency as part of the counterproliferation
activities of the Department of Defense.
(c) Long-Term Radiation Tolerant Microelectronics Program.--(1) Of
the amount available under subsection (a), $6,000,000 shall be
available for the establishment of a long-term radiation tolerant
microelectronics program to be managed by the Defense Nuclear Agency
for the purposes of--
(A) providing for the development of affordable and
effective hardening technologies and for incorporation of such
technologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in regional
threat scenarios does not interrupt or defeat the continued
operability of systems of the Armed Forces exposed to the
combined effects of radiation emitted by the weapon.
(2) Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on how
the long-term radiation tolerant microelectronics program is to be
conducted and funded in the fiscal years after fiscal year 1996 that
are covered by the future-years defense program submitted to Congress
in 1995.
SEC. 217. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Defense under section 201(4), $144,500,000 shall be
available for the Counterproliferation Support Program, of which--
(1) $30,000,000 shall be available for a tactical
antisatellite technologies program; and
(2) $6,300,000 shall be available for research and
development of technologies for Special Operations Command
(SOCOM) counterproliferation activities.
(b) Additional Authority To Transfer Authorizations.--(1) In
addition to the transfer authority provided in section 1003, upon
determination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in this
division for fiscal year 1996 to counterproliferation programs,
projects, and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by section
1605 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the authorization
to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this subsection may not exceed
$50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) A transfer made from one account to another under the authority
of this subsection shall be deemed to increase the amount authorized
for the account to which the amount is transferred by an amount equal
to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress of
transfers made under the authority of this subsection.
SEC. 218. NONLETHAL WEAPONS PROGRAM.
(a) Establishment of Program Office.--The Secretary of Defense
shall establish in the Office of the Under Secretary of Defense for
Acquisition and Technology a Program Office for Nonlethal Systems and
Technologies to conduct research, development, testing, and evaluation
of nonlethal weapons applicable to forces engaged in both traditional
and nontraditional military operations.
(b) Funding.--Of the amount authorized to be appropriated under
section 201(4), $37,200,000 shall be available for the Program Office
for Nonlethal Systems and Technologies.
SEC. 219. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996 pursuant
to an authorization of appropriations in section 201 may be obligated
to procure work from a federally funded research and development center
only in the case of a center named in the report required by subsection
(b) and, in the case of such a center, only in an amount not in excess
of the amount of the proposed funding level set forth for that center
in such report.
(b) Report on Allocations for Centers.--(1) Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing--
(A) the name of each federally funded research and
development center from which work is proposed to be procured
for the Department of Defense for fiscal year 1996; and
(B) for each such center, the proposed funding level and
the estimated personnel level for fiscal year 1996.
(2) The total of the proposed funding levels set forth in the
report for all federally funded research and development centers may
not exceed the amount set forth in subsection (d).
(c) Limitation Pending Submission of Report.--No funds appropriated
or otherwise made available for the Department of Defense for fiscal
year 1996 may be obligated to procure work from a federally funded
research and development center until the Secretary of Defense submits
the report required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated by
section 201, not more than a total of $1,162,650,000 may be obligated
to procure services from the federally funded research and development
centers named in the report required by subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary of
Defense may waive the limitation regarding the maximum funding amount
that applies under subsection (a) to a federally funded research and
development center. Whenever the Secretary proposes to make such a
waiver, the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the House of
Representatives notice of the proposed waiver and the reasons for the
waiver. The waiver may then be made only after the end of the 60-day
period that begins on the date on which the notice is submitted to
those committees, unless the Secretary determines that it is essential
to the national security that funds be obligated for work at that
center in excess of that limitation before the end of such period and
notifies the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives of that
determination and the reasons for the determination.
(f) Undistributed Reduction.--The total amount authorized to be
appropriated for research, development, test, and evaluation in section
201 is hereby reduced by $90,000,000.
SEC. 220. STATES ELIGIBLE FOR ASSISTANCE UNDER DEFENSE EXPERIMENTAL
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2705; 10 U.S.C. 2358 note) is amended to read as follows:
``(A) the amount of all Department of Defense obligations
for science and engineering research and development that were
in effect with institutions of higher education in the State
for the fiscal year preceding the fiscal year for which the
designation is effective or for the last fiscal year for which
statistics are available is less than the amount determined by
multiplying 60 percent times \1/50\ of the total amount of all
Department of Defense obligations for science and engineering
research and development that were in effect with institutions
of higher education in the United States for such preceding or
last fiscal year, as the case may be (to be determined in
consultation with the Secretary of Defense);''.
SEC. 221. NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND CONVERSION.
(a) Repeal of Certain Authorities and Requirements.--Chapter 148 of
title 10, United States Code, is amended--
(1) in section 2491--
(A) by striking out paragraphs (12), (13), (14),
and (15); and
(B) by redesignating paragraph (16) as paragraph
(12);
(2) in section 2501--
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as subsection
(b); and
(3) by striking out sections 2512, 2513, 2516, 2520, 2523,
and 2524.
(b) Criteria for Selection of Defense Advanced Manufacturing
Technology Partnerships.--Subsection (d) of section 2522 of such title
is amended to read as follows:
``(d) Selection Criteria.--The criteria for the selection of
proposed partnerships for establishment under this section shall be the
criteria specified in section 2511(f) of this title.''.
(c) Conforming Amendments.--(1) Section 2516(b) of such title is
amended--
(A) by inserting ``and'' at the end of paragraph (2);
(B) by striking out ``; and'' at the end of paragraph (3)
and inserting in lieu thereof a period; and
(C) by striking out paragraph (4).
(2) Section 2524 of such title is amended--
(A) in subsection (a), by striking out ``and the defense
reinvestment, diversification, and conversion program
objectives set forth in section 2501(b) of this title''; and
(B) in subsection (f), by striking out ``and the
reinvestment, diversification, and conversion program
objectives set forth in section 2501(b) of this title''.
(d) Clerical Amendments.--(1) The table of sections at the
beginning of subchapter III of chapter 148 of title 10, United States
Code, is amended by striking out the items relating to sections 2512,
2513, 2516, and 2520.
(2) The table of sections at the beginning of subchapter IV of such
chapter is amended by striking out the items relating to sections 2523
and 2524.
SEC. 222. REVISIONS OF MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.
(a) Participation of DoD Laboratories in Establishment of
Program.--Subsection (a) of section 2525 of title 10, United States
Code, is amended by inserting after the first sentence the following:
``The Secretary shall use the manufacturing science and technology
joint planning process of the directors of the Department of Defense
laboratories in establishing the program.''.
(b) Participation of Equipment Manufacturers in Projects.--
Subsection (c) of such section is amended--
(1) by inserting ``(1)'' after
``(c) Execution.--''; and
(2) by adding at the end the following:
``(2) The Secretary shall seek, to the extent practicable, the
participation of manufacturers of manufacturing equipment in the
projects under the program.''.
SEC. 223. PREPAREDNESS OF THE DEPARTMENT OF DEFENSE TO RESPOND TO
MILITARY AND CIVIL DEFENSE EMERGENCIES RESULTING FROM A
CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR ATTACK.
(a) Report.--Not later than February 28, 1996, the Secretary of
Defense and the Secretary of Energy, in consultation with the Director
of the Federal Emergency Management Agency, shall jointly submit to
Congress a report on the plans and programs of the Department of
Defense to prepare for and respond to military and civil defense
emergencies resulting from a chemical, biological, radiological, or
nuclear attack on the United States.
(b) Content of Report.--The report shall contain the following:
(1) A discussion of--
(A) the consequences of an attack for which the
Department of Defense has a responsibility to provide a
primary response; and
(B) the plans and programs for preparing for and
providing that response.
(2) A discussion of--
(A) the consequences of an attack for which the
Department of Defense has a responsibility to provide a
supporting response; and
(B) the plans and programs for preparing for and
providing that response.
(3) Any actions and recommended legislation that the
Secretary considers necessary for improving the preparedness of
the Department of Defense to respond effectively to the
consequences of a chemical, biological, radiological, or
nuclear attack on the United States.
SEC. 224. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
To the extent provided in appropriations Acts, $9,500,000 of the
unobligated balance of funds available to the Air Force for research,
development, test, and evaluation for fiscal year 1995 shall be
available for continuation of the Joint Seismic Program and Global
Seismic Network.
SEC. 225. DEPRESSED ALTITUDE GUIDED GUN ROUND SYSTEM.
Of the amount authorized to be appropriated under section 201(1),
$5,000,000 is authorized to be appropriated for continued development
of the depressed altitude guided gun round system.
SEC. 226. ARMY ECHELON ABOVE CORPS COMMUNICATIONS.
Of the amount authorized to be appropriated under section 201(3),
$40,000,000 is hereby transferred to the authorization of
appropriations under section 101(5) for procurement of communications
equipment for Army echelons above corps.
SEC. 227. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
(a) The Secretary of Defense may not approve a theater missile
defense interceptor program proceeding beyond the low-rate initial
production acquisition stage until the Secretary certifies to the
congressional defense committees that such program has successfully
completed initial operational test and evaluation, and is found to be a
suitable and effective system.
(b) In order to be certified under subsection (a) as having been
successfully completed, the initial operational test and evaluation
conducted with respect to an interceptor program must have included
flight tests--
(1) that were conducted with multiple interceptors and
multiple targets in the presence of realistic countermeasures;
and
(2) the results of which demonstrate the achievement by the
interceptors of the baseline performance thresholds.
(c) For purposes of this section, the baseline performance
thresholds with respect to a program are the weapons systems
performance thresholds specified in the baseline description for the
system established (pursuant to section 2435(a)(1) of title 10, United
States Code) before the program entered the engineering and
manufacturing development stage.
(d) The number of flight tests described in subsection (b) that are
required in order to make the certification under subsection (a) shall
be a number determined by the Director of Operational Test and
Evaluation to be sufficient for the purposes of this section.
(e) The Secretary may augment flight testing to demonstrate weapons
system performance goals for purposes of the certification under
subsection (a) through the use of modeling and simulation that is
validated by ground and flight testing.
(f) The Director of Operational Test and Evaluation and Ballistic
Missile Defense Organization shall include in their annual reports to
Congress plans to adequately test theater missile defense interceptor
programs throughout the acquisition process. As these theater missile
defense systems progress through the acquisition process, the Director
of Operational Test and Evaluation and Ballistic Missile Defense
Organization shall include in their annual reports to Congress an
assessment of how these programs satisfy planned test objectives.
Subtitle C--Missile Defense
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Missile Defense Act of
1995''.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The threat that is posed to the national security of
the United States by the proliferation of ballistic and cruise
missiles is significant and growing, both quantitatively and
qualitatively.
(2) The deployment of effective Theater Missile Defense
systems can deny potential adversaries the option of escalating
a conflict by threatening or attacking United States forces,
coalition partners of the United States, or allies of the
United States with ballistic missiles armed with weapons of
mass destruction to offset the operational and technical
advantages of the United States and its coalition partners and
allies.
(3) The intelligence community of the United States has
estimated that (A) the missile proliferation trend is toward
longer range and more sophisticated ballistic missiles, (B)
North Korea may deploy an intercontinental ballistic missile
capable of reaching Alaska or beyond within 5 years, and (C)
although a new indigenously developed ballistic missile threat
to the continental United States is not forecast within the
next 10 years there is a danger that determined countries will
acquire intercontinental ballistic missiles in the near future
and with little warning by means other than indigenous
development.
(4) The deployment by the United States and its allies of
effective defenses against ballistic missiles of all ranges, as
well as against cruise missiles, can reduce the incentives for
countries to acquire such missiles or to augment existing
missile capabilities.
(5) The Cold War distinction between strategic ballistic
missiles and nonstrategic ballistic missiles and, therefore,
the ABM Treaty's distinction between strategic defense and
nonstrategic defense, has changed because of technological
advancements and should be reviewed.
(6) The concept of mutual assured destruction, which was
one of the major philosophical rationales for the ABM Treaty,
is now questionable as a basis for stability in a multipolar
world in which the United States and the states of the former
Soviet Union are seeking to normalize relations and eliminate
Cold War attitudes and arrangements.
(7) Theater and national missile defenses can contribute to
the maintenance of stability as missile threats proliferate and
as the United States and the former Soviet Union significantly
reduce the number of strategic nuclear forces in their
respective inventories.
(8) Although technology control regimes and other forms of
international arms control can contribute to nonproliferation,
such measures alone are inadequate for dealing with missile
proliferation, and should not be viewed as alternatives to
missile defenses and other active and passive defenses.
(9) Due to limitations in the ABM Treaty which preclude
deployment of more than 100 ground-based ABM interceptors at a
single site, the United States is currently prohibited from
deploying a national missile defense system capable of
defending the continental United States, Alaska, and Hawaii
against even the most limited ballistic missile attacks.
SEC. 233. MISSILE DEFENSE POLICY.
It is the policy of the United States to--
(1) deploy as soon as possible affordable and operationally
effective theater missile defenses capable of countering
existing and emerging theater ballistic missiles;
(2)(A) develop for deployment a multiple-site national
missile defense system that: (i) is affordable and
operationally effective against limited, accidental, and
unauthorized ballistic missile attacks on the territory of the
United States, and (ii) can be augmented over time as the
threat changes to provide a layered defense against limited,
accidental, or unauthorized ballistic missile threats;
(B) initiate negotiations with the Russian Federation as
necessary to provide for the national missile defense systems
specified in section 235; and
(C) consider, if those negotiations fail, the option of
withdrawing from the ABM Treaty in accordance with the
provisions of Article XV of the Treaty, subject to
consultations between the President and the Senate;
(3) ensure congressional review, prior to a decision to
deploy the system developed for deployment under paragraph (2),
of: (A) the affordability and operational effectiveness of such
a system; (B) the threat to be countered by such a system; and
(C) ABM Treaty considerations with respect to such a system.
(4) improve existing cruise missile defenses and deploy as
soon as practical defenses that are affordable and
operationally effective against advanced cruise missiles;
(5) pursue a focused research and development program to
provide follow-on ballistic missile defense options;
(6) employ streamlined acquisition procedures to lower the
cost and accelerate the pace of developing and deploying
theater missile defenses, cruise missile defenses, and national
missile defenses;
(7) seek a cooperative transition to a regime that does not
feature mutual assured destruction and an offense-only form of
deterrence as the basis for strategic stability; and
(8) carry out the policies, programs, and requirements of
subtitle C of title II of this Act through processes specified
within, or consistent with, the ABM Treaty, which anticipates
the need and provides the means for amendment to the Treaty.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in section 233, the Secretary of Defense shall establish a
top priority core theater missile defense program consisting of the
following systems:
(1) The Patriot PAC-3 system, with a first unit equipped
(FUE) in fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability in fiscal year
1997 and an initial operational capability (IOC) in fiscal year
1999.
(3) The Theater High-Altitude Area Defense (THAAD) system,
with a user operational evaluation system (UOES) capability in
fiscal year 1997 and an initial operational capability (IOC) no
later than fiscal year 2002.
(4) The Navy Upper Tier (Theater Wide) system, with a user
operational evaluation system (UOES) capability in fiscal year
1999 and an initial operational capability (IOC) in fiscal year
2001.
(b) Interoperability and Support of Core Systems.--To maximize
effectiveness and flexibility, the Secretary of Defense shall ensure
that core theater missile defense systems are interoperable and fully
capable of exploiting external sensor and battle management support
from systems such as the Navy's Cooperative Engagement Capability
(CEC), the Army's Battlefield Integration Center (BIC), air and space-
based sensors including, in particular, the Space and Missile Tracking
System (SMTS).
(c) Termination of Programs.--The Secretary of Defense shall
terminate the Boost Phase Interceptor (BPI) program.
(d) Follow-on Systems.--(1) The Secretary of Defense shall develop
an affordable development plan for follow-on theater missile defense
systems which leverages existing systems, technologies, and programs,
and focuses investments to satisfy military requirements not met by the
core program.
(2) Before adding new theater missile defense systems to the core
program from among the follow-on activities, the Secretary of Defense
shall submit to the congressional defense committees a report
describing--
(A) the requirements for the program and the specific
threats to be countered;
(B) how the new program will relate to, support, and
leverage off existing core programs;
(C) the planned acquisition strategy; and
(D) a preliminary estimate of total program cost and
budgetary impact.
(e) Report.--(1) Not later than the date on which the President
submits the budget for fiscal year 1997 under section 1105 of title 31,
United States Code, the Secretary of Defense shall submit to the
congressional defense committees a report detailing the Secretary's
plans for implementing the guidance specified in this section.
(2) For each deployment date for each system described in
subsection (a), the report required by paragraph (1) of this subsection
shall include the funding required for research, development, testing,
evaluation, and deployment for each fiscal year beginning with fiscal
year 1997 through the end of the fiscal year in which deployment is
projected under subsection (a).
SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
(a) In General.--To implement the policy established in section
233, the Secretary of Defense shall develop an affordable and
operationally effective national missile defense system to counter a
limited, accidental, or unauthorized ballistic missile attack, and
which is capable of attaining initial operational capability (IOC) by
the end of 2003. Such system shall include the following:
(1) Ground-based interceptors capable of being deployed at
multiple sites, the locations and numbers of which are to be
determined so as to optimize the defensive coverage of the
continental United States, Alaska, and Hawaii against limited,
accidental, or unauthorized ballistic missile attacks.
(2) Fixed ground-based radars and space-based sensors,
including the Space and Missile Tracking system, the mix,
siting and numbers of which are to be determined so as to
optimize sensor support and minimize total system cost.
(3) Battle management, command, control, and communications
(BM/C3).
(b) Interim Operational Capability.--To provide a hedge against the
emergence of near-term ballistic missile threats against the United
States and to support the development and deployment of the objective
system specified in subsection (a), the Secretary of Defense shall
develop an interim national missile defense plan that would give the
United States the ability to field a limited operational capability by
the end of 1999 if required by the threat. In developing this plan the
Secretary shall make use of--
(1) developmental, or user operational evaluation system
(UOES) interceptors, radars, and battle management, command,
control, and communications (BM/C3), to the extent that such
use directly supports, and does not significantly increase the
cost of, the objective system specified in subsection (a);
(2) one or more of the sites that will be used as
deployment locations for the objective system specified in
subsection (a);
(3) upgraded early warning radars; and
(4) space-based sensors.
(c) Use of Streamlined Acquisition Procedures.--The Secretary of
Defense shall prescribe and use streamlined acquisition procedures to--
(1) reduce the cost and increase the efficiency of
developing the national missile defense system specified in
subsection (a); and
(2) ensure that any interim national missile defense
capabilities developed pursuant to subsection (b) are
operationally effective and on a path to fulfill the technical
requirements and schedule of the objective system.
(d) Additional Cost Saving Measures.--In addition to the procedures
prescribed pursuant to subsection (c), the Secretary of Defense shall
employ cost saving measures that do not decrease the operational
effectiveness of the systems specified in subsections (a) and (b), and
which do not pose unacceptable technical risk. The cost saving measures
should include the following:
(1) The use of existing facilities and infrastructure.
(2) The use, where appropriate, of existing or upgraded
systems and technologies, except that Minuteman boosters may
not be used as part of a National Missile Defense architecture.
(3) Development of systems and components that do not rely
on a large and permanent infrastructure and are easily
transported, emplaced, and moved.
(e) Report on Plan for Deployment.--Not later than the date on
which the President submits the budget for fiscal year 1997 under
section 1105 of title 31, United States Code, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the following matters:
(1) The Secretary's plan for carrying out this section.
(2) For each deployment date in subsections (a) and (b),
the report shall include the funding required for research,
development, testing, evaluation, and deployment for each
fiscal year beginning with fiscal year 1997 through the end of
the fiscal year in which deployment is projected under
subsection (a) or (b). The report shall also describe the
specific threat to be countered and provide the Secretary's
assessment as to whether deployment is affordable and
operationally effective.
(3) An analysis of options for supplementing or modifying
the national missile defense architecture specified in
subsection (a) before attaining initial operational capability,
or evolving such architecture in a building block manner after
attaining initial operational capability, to improve the cost-
effectiveness or the operational effectiveness of such system
by adding one or a combination of the following:
(A) Additional ground-based interceptors at
existing or new sites.
(B) Sea-based missile defense systems.
(C) Space-based kinetic energy interceptors.
(D) Space-based directed energy systems.
SEC. 236. CRUISE MISSILE DEFENSE INITIATIVE.
(a) In General.--The Secretary of Defense shall undertake an
initiative to coordinate and strengthen the cruise missile defense
programs, projects, and activities of the military departments, the
Advanced Research Projects Agency and the Ballistic Missile Defense
Organization to ensure that the United States develops and deploys
affordable and operationally effective defenses against existing and
future cruise missile threats.
(b) Actions of the Secretary of Defense.--In carrying out
subsection (a), the Secretary of Defense shall ensure that--
(1) to the extent practicable, the ballistic missile
defense and cruise missile defense efforts of the Department of
Defense are coordinated and mutually reinforcing;
(2) existing air defense systems are adequately upgraded to
provide an affordable and operationally effective defense
against existing and near-term cruise missile threats; and
(3) the Department of Defense undertakes a high priority
and well coordinated technology development program to support
the future deployment of systems that are affordable and
operationally effective against advanced cruise missiles,
including cruise missiles with low observable features.
(c) Implementation Plan.--Not later than the date on which the
President submits the budget for fiscal year 1997 under section 1105 of
title 31, United States Code, the Secretary of Defense shall submit to
the congressional defense committees a detailed plan, in unclassified
and classified forms, as necessary, for carrying out this section. The
plan shall include an assessment of--
(1) the systems that currently have cruise missile defense
capabilities, and existing programs to improve these
capabilities;
(2) the technologies that could be deployed in the near- to
mid-term to provide significant advances over existing cruise
missile defense capabilities, and the investments that would be
required to ready the technologies for deployment;
(3) the cost and operational tradeoffs, if any, between
upgrading existing air and missile defense systems and
accelerating follow-on systems with significantly improved
capabilities against advanced cruise missiles; and
(4) the organizational and management changes that would
strengthen and further coordinate the cruise missile defense
efforts of the Department of Defense, including the
disadvantages, if any, of implementing such changes.
SEC. 237. POLICY REGARDING THE ABM TREATY.
(a) Congress makes the following findings:
(1) Article XIII of the ABM Treaty envisions ``possible
changes in the strategic situation which have a bearing on the
provisions of this treaty''.
(2) Articles XIII and XIV of the ABM Treaty establish means
for the Parties to amend the Treaty, and the Parties have
employed these means to amend the Treaty.
(3) Article XV of the ABM Treaty establishes the means for
a party to withdraw from the Treaty, upon 6 months notice, ``if
it decides that extraordinary events related to the subject
matter of this treaty have jeopardized its supreme interests''.
(4) The policies, programs, and requirements of subtitle C
of title II of this Act can be accomplished through processes
specified within, or consistent with, the ABM Treaty, which
anticipates the need and provides the means for amendment to
the Treaty.
(b) Sense of Congress.--In light of the findings and policies
provided in this subtitle, it is the sense of Congress that--
(1) Given the fundamental responsibility of the Government
of the United States to protect the security of the United
States, the increasingly serious threat posed to the United
States by the proliferation of weapons of mass destruction and
ballistic missile technology, and the effect this threat could
have on the options of the United States to act in a time of
crisis--
(A) it is in the vital national security interest
of the United States to defend itself from the threat
of a limited, accidental, or unauthorized ballistic
missile attack, whatever its source; and
(B) the deployment of a national missile defense
system, in accord with section 233, to protect the
territory of the United States against a limited,
accidental, or unauthorized missile attack can
strengthen strategic stability and deterrence; and
(2)(A) the Senate should undertake a comprehensive review
of the continuing value and validity of the ABM Treaty with the
intent of providing additional policy guidance on the future of
the ABM Treaty during the second session of the One Hundred
Fourth Congress; and
(B) upon completion of the review, the Committee on Foreign
Relations, in consultation with the Committee on Armed Services
and other appropriate committees, should report its findings to
the Senate.
SEC. 238. PROHIBITION ON FUNDS TO IMPLEMENT AN INTERNATIONAL AGREEMENT
CONCERNING THEATER MISSILE DEFENSE SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) Section 234 of the National Defense Authorization Act
for Fiscal Year 1994 provides that the ABM Treaty does not
apply to or limit research, development, testing, or deployment
of missile defense systems, system upgrades, or system
components that are designed to counter modern theater
ballistic missiles, regardless of the capabilities of such
missiles, unless those systems, system upgrades, or system
components are tested against or have demonstrated capabilities
to counter modern strategic ballistic missiles.
(2) Section 232 of the National Defense Authorization Act
for Fiscal Year 1995 provides that the United States shall not
be bound by any international agreement that would
substantially modify the ABM Treaty unless the agreement is
entered into pursuant to the treaty making power of the
President under the Constitution.
(3) the demarcation standard described in subsection (b)(1)
is based upon current technology.
(b) Sense of Congress.--It is the sense of Congress that--
(1) unless a missile defense system, system upgrade, or
system component, including one that exploits data from space-
based or other external sensors, is flight tested against a
ballistic missile target that exceeds a range of 3,500
kilometers or a velocity of 5 kilometers per second, such
missile defense system, system upgrade, or system component has
not been tested in an ABM mode nor deemed to have been given
capabilities to counter strategic ballistic missiles, and
(2) any international agreement that would limit the
research, development, testing, or deployment of missile
defense systems, system upgrades, or system components that are
designed to counter modern theater ballistic missiles in a
manner that would be more restrictive than the criteria in
paragraph (1) should be entered into only pursuant to the
treaty making powers of the President under the Constitution.
(c) Prohibition on Funding.--Funds appropriated or otherwise made
available to the Department of Defense for fiscal year 1996 may not be
obligated or expended to implement an agreement with any of the
independent states of the former Soviet Union entered into after
January 1, 1995 that would establish a demarcation between theater
missile defense systems and anti-ballistic missile systems for purposes
of the ABM Treaty or that would restrict the performance, operation, or
deployment of United States theater missile defense systems except: (1)
to the extent provided in an Act enacted subsequent to this Act; (2) to
implement that portion of any such agreement that implements the
criteria in subsection (b)(1); or (3) to implement any such agreement
that is entered into pursuant to the treaty making power of the
President under the Constitution.
SEC. 239. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) Elements Specified.--In the budget justification materials
submitted to Congress in support of the Department of Defense budget
for any fiscal year after fiscal year 1996 (as submitted in the budget
of the President under section 1105(a) of title 31, United States
Code), the amount requested for activities of the Ballistic Missile
Defense Organization shall be set forth in accordance with the
following program elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense (THAAD) system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) Other Theater Missile Defense Activities.
(6) National Missile Defense.
(7) Follow-On and Support Technologies.
(b) Treatment of Non-Core TMD in Other Theater Missile Defense
Activities Element.--Funding for theater missile defense programs,
projects, and activities, other than core theater missile defense
programs, shall be covered in the ``Other Theater Missile Defense
Activities'' program element.
(c) Treatment of Core Theater Missile Defense Programs.--Funding
for core theater missile defense programs specified in section 234,
shall be covered in individual, dedicated program elements and shall be
available only for activities covered by those program elements.
(d) BM/C3I Programs.--Funding for programs, projects, and
activities involving battle management, command, control,
communications, and intelligence (BM/C3I) shall be covered in the
``Other Theater Missile Defense Activities'' program element or the
``National Missile Defense'' program element, as determined on the
basis of the primary objectives involved.
(e) Management and Support.--Each program element shall include
requests for the amounts necessary for the management and support of
the programs, projects, and activities contained in that program
element.
SEC. 240. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty'' means the
Treaty Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missiles,
signed at Moscow on May 26, 1972, and includes the Protocols to that
Treaty, signed at Moscow on July 3, 1974.
SEC. 241. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) The Missile Defense Act of 1991 (part C of title II of
Public Law 102-190; 10 U.S.C. 2431 note).
(2) Section 237 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160).
(3) Section 242 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160).
(4) Section 222 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 613; 10 U.S.C. 2431
note).
(5) Section 225 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 614).
(6) Section 226 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1057; 10 U.S.C. 2431 note).
(7) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 102 Stat. 2270-
40).
(8) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1211).
(9) Section 234 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1595; 10
U.S.C. 2431 note).
(10) Section 235 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2701; 10
U.S.C. 221 note).
SEC. 242. SENSE OF SENATE ON THE DIRECTOR OF OPERATIONAL TEST AND
EVALUATION.
(a) Findings.--The Senate makes the following findings:
(1) The Office of the Director of Operational Test and
Evaluation of the Department of Defense was created by Congress
to provide an independent validation and verification on the
suitability and effectiveness of new weapons, and to ensure
that the United States military departments acquire weapons
that are proven in an operational environment before they are
produced and used in combat.
(2) The office is currently making significant
contributions to the process by which the Department of Defense
acquires new weapons by providing vital insights on operational
weapons tests to be used in this acquisition process.
(3) The office provides vital services to Congress in
providing an independent certification on the performance of
new weapons that have been operationally tested.
(4) A provision of H.R.1530, an Act entitled ``An Act to
authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes'', agreed to by
the House of Representatives on June 15, 1995, contains a
provision that could substantially diminish the authority and
responsibilities of the office and perhaps cause the
elimination of the office and its functions.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the authority and responsibilities of the Office of the
Director of Operational Test and Evaluation of the Department
of Defense should not be diminished or eliminated; and
(2) the conferees on H.R.1530, an Act entitled ``An Act to
authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes'' should not
propose to Congress a conference report on that Act that would
either diminish or eliminate the Office of the Director of
Operational Test and Evaluation or its functions.
SEC. 243. BALLISTIC MISSILE DEFENSE TECHNOLOGY CENTER.
(a) Establishment.--The Director of the Ballistic Missile Defense
Organization shall establish a Ballistic Missile Defense Technology
Center within the Space and Strategic Defense Command of the Army.
(b) Mission.--The missions of the Center are as follows:
(1) To maximize common application of ballistic missile
defense component technology programs, target test programs,
functional analysis and phenomenology investigations.
(2) To store data from the missile defense technology
programs of the Armed Forces using computer facilities of the
Missile Defense Data Center.
(c) Technology Program Coordination With Center.--The Secretary of
Defense, acting through the Director of the Ballistic Missile Defense
Organization, shall require the head of each element or activity of the
Department of Defense beginning a new missile defense program referred
to in subsection (b)(1) to first coordinate the program with the
Ballistic Missile Defense Technology Center in order to prevent
duplication of effort.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $18,073,206,000.
(2) For the Navy, $21,343,960,000.
(3) For the Marine Corps, $2,405,711,000.
(4) For the Air Force, $18,224,893,000.
(5) For Defense-wide activities, $10,021,162,000.
(6) For the Army Reserve, $1,062,591,000.
(7) For the Naval Reserve, $840,842,000.
(8) For the Marine Corps Reserve, $90,283,000.
(9) For the Air Force Reserve, $1,482,947,000.
(10) For the Army National Guard, $2,304,108,000.
(11) For the Air National Guard, $2,734,221,000.
(12) For the Defense Inspector General, $138,226,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,601,800,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,943,825,000.
(17) For support for the 1996 Summer Olympics, $15,000,000.
(18) For Cooperative Threat Reduction programs,
$365,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $60,000,000.
The amount authorized to be appropriated by section 301(5) is hereby
reduced by $40,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund, $878,700,000.
(2) For the National Defense Sealift Fund, $1,084,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
(a) Authorization of Appropriations to Trust Fund.--There is hereby
authorized to be appropriated to the Armed Forces Retirement Home Trust
Fund the sum of $45,000,000, to remain available until expended.
(b) Authorization of Appropriations From Trust Fund.--There is
hereby authorized to be appropriated for fiscal year 1996 from the
Armed Forces Retirement Home Trust Fund the sum of $59,120,000 for the
operation of the Armed Forces Retirement Home, including the United
States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. INCREASE IN FUNDING FOR THE CIVIL AIR PATROL.
(a) Increase.--(1) The amount of funds authorized to be
appropriated by this Act for operation and maintenance of the Air Force
for the Civil Air Patrol Corporation is hereby increased by $5,000,000.
(2) The amount authorized to be appropriated for operation and
maintenance for the Civil Air Patrol Corporation under paragraph (1) is
in addition to any other funds authorized to be appropriated under this
Act for that purpose.
(b) Offsetting Reduction.--The amount authorized to be appropriated
under this Act for Air Force support of the Civil Air Patrol is hereby
reduced by $2,900,000. The amount of the reduction shall be allocated
among funds authorized to be appropriated for Air Force personnel
supporting the Civil Air Patrol and for Air Force operation and
maintenance support for the Civil Air Patrol.
Subtitle B--Depot-Level Maintenance and Repair
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR FOR THE DEPARTMENT OF DEFENSE.
(a) Requirement for Policy.--Not later than March 31, 1996, the
Secretary of Defense shall develop and report to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a comprehensive policy on the performance of
depot-level maintenance and repair for the Department of Defense.
(b) Primary Objective of Policy.--In developing the policy, it
shall be the primary objective of the Secretary to ensure a ready and
controlled source of technical competence and repair and maintenance
capabilities necessary for national security across a full range of
current and projected training and operational requirements, including
requirements in peacetime, contingency operations, mobilization, and
other emergencies.
(c) Content of Policy.--The policy shall--
(1) define, in terms of the requirements of the Department
of Defense for performance of maintenance and repair, the
purpose for having public depots for performing those
functions;
(2) provide for performance of core depot-level maintenance
and repair capabilities in facilities owned and operated by the
United States;
(3) provide for the core capabilities to include sufficient
skilled personnel, equipment, and facilities to achieve the
objective set forth in subsection (b);
(4) address environmental liability;
(5) in the case of depot-level maintenance and repair
workloads in excess of the workload required to be performed by
Department of Defense depots, provide for competition for those
workloads between public and private entities when there is
sufficient potential for realizing cost savings based on
adequate private sector competition and technical capabilities;
(6) provide for selection on the basis of merit whenever
the workload of a Department of Defense depot is changed;
(7) provide transition provisions appropriate for persons
in the Department of Defense depot-level workforce; and
(8) address issues concerning exchange of technical data
between the Federal Government and the private sector,
environmental liability, efficient and effective performance of
depot functions, and adverse effects of the policy on the
Federal Government work force.
(d) Consideration.--In developing the policy, the Secretary shall
take into consideration the capabilities of the public depots and the
capabilities of businesses in the private sector to perform the
maintenance and repair work required by the Department of Defense.
(e) Repeal of 60/40 Requirement and Requirement Relating to
Competition.--(1) Sections 2466 and 2469 of title 10, United States
Code, are repealed.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking out the items relating to sections 2466
and 2469.
(3) The amendments made by paragraphs (1) and (2) shall take effect
on the date (after the date of the enactment of this Act) on which
legislation is enacted that contains a provision that specifically
states one of the following:
(A) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives pursuant to section 311 of the
National Defense Authorization Act for Fiscal Year 1996 is
approved.''; or
(B) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives pursuant to section 311 of the
National Defense Authorization Act for Fiscal Year 1996 is
approved with the following modifications:'' (with the
modifications being stated in matter appearing after the
colon).
(f) Review by the General Accounting Office.--(1) The Secretary
shall make available to the Comptroller General of the United States
all information used by the Department in developing the policy under
subsections (a) through (d) of this section.
(2) Not later than 45 days after the Secretary submits to Congress
the report required by subsection (a), the Comptroller General shall
transmit to Congress a report containing a detailed analysis of the
Secretary's proposed policy as reported under subsection (a).
SEC. 312. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION AND
SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684), as amended by
section 370(b) of Public Law 103-160 (107 Stat. 1634) and section
386(b) of Public Law 103-337 (108 Stat. 2742), is further amended by
striking out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
Subtitle C--Environmental Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS FOR SERVICES UNDER
ENVIRONMENTAL RESTORATION PROGRAM.
(a) Requirements.--(1) Section 2701(d) of title 10, United States
Code, is amended to read as follows:
``(d) Services of Other Agencies.--
``(1) In general.--Subject to paragraph (2), the Secretary
may enter into agreements on a reimbursable or other basis with
any other Federal agency, or with any State or local government
agency, to obtain the services of the agency to assist the
Secretary in carrying out any of the Secretary's
responsibilities under this section. Services which may be
obtained under this subsection include the identification,
investigation, and cleanup of any off-site contamination
resulting from the release of a hazardous substance or waste at
a facility under the Secretary's jurisdiction.
``(2) Limitation on reimbursable agreements.--An agreement
with an agency under paragraph (1) may provide for
reimbursement of the agency only for technical or scientific
services obtained from the agency.''.
(2)(A) Except as provided in subparagraph (B), the total amount of
funds available for reimbursements under agreements entered into under
section 2710(d) of title 10, United States Code, as amended by
paragraph (1), in fiscal year 1996 may not exceed $5,000,000.
(B) The Secretary of Defense may pay in fiscal year 1996 an amount
for reimbursements under agreements referred to in subparagraph (A) in
excess of the amount specified in that subparagraph for that fiscal
year if--
(i) the Secretary certifies to Congress that the payment of
the amount under this subparagraph is essential for the
management of the Defense Environmental Restoration Program
under chapter 160 of title 10, United States Code; and
(ii) a period of 60 days has expired after the date on
which the certification is received by Congress.
(b) Report on Services Obtained.--The Secretary of Defense shall
include in the report submitted to Congress with respect to fiscal year
1998 under section 2706(a) of title 10, United States Code, information
on the services, if any, obtained by the Secretary during fiscal year
1996 pursuant to each agreement on a reimbursable basis entered into
with a State or local government agency under section 2701(d) of title
10, United States Code, as amended by subsection (a). The information
shall include a description of the services obtained under each
agreement and the amount of the reimbursement provided for the
services.
SEC. 322. DISCHARGES FROM VESSELS OF THE ARMED FORCES.
(a) Purposes.--The purposes of this section are to--
(1) enhance the operational flexibility of vessels of the
Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel
pollution control technology; and
(3) advance the development by the United States Navy of
environmentally sound ships.
(b) Uniform National Discharge Standards Development.--Section 312
of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended
by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of the Armed
Forces.--
``(1) Applicability.--This subsection shall apply to
vessels of the Armed Forces and discharges, other than sewage,
incidental to the normal operation of a vessel of the Armed
Forces, unless the Secretary of Defense finds that compliance
with this subsection would not be in the national security
interests of the United States.
``(2) Determination of discharges required to be controlled
by marine pollution control devices.--
``(A) In general.--The Administrator and the
Secretary of Defense, after consultation with the
Secretary of the department in which the Coast Guard is
operating, the Secretary of Commerce, and interested
States, shall jointly determine the discharges
incidental to the normal operation of a vessel of the
Armed Forces for which it is reasonable and practicable
to require use of a marine pollution control device to
mitigate adverse impacts on the marine environment.
Notwithstanding subsection (a)(1) of section 553 of
title 5, United States Code, the Administrator and the
Secretary of Defense shall promulgate the
determinations in accordance with the section.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator and the
Secretary of Defense shall take into consideration--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge;
``(iii) the practicability of using the
marine pollution control device;
``(iv) the effect that installation or use
of the marine pollution control device would
have on the operation or operational capability
of the vessel;
``(v) applicable United States law;
``(vi) applicable international standards;
and
``(vii) the economic costs of the
installation and use of the marine pollution
control device.
``(3) Performance standards for marine pollution control
devices.--
``(A) In general.--For each discharge for which a
marine pollution control device is determined to be
required under paragraph (2), the Administrator and the
Secretary of Defense, in consultation with the
Secretary of the department in which the Coast Guard is
operating, the Secretary of State, the Secretary of
Commerce, other interested Federal agencies, and
interested States, shall jointly promulgate Federal
standards of performance for each marine pollution
control device required with respect to the discharge.
Notwithstanding subsection (a)(1) of section 553 of
title 5, United States Code, the Administrator and the
Secretary of Defense shall promulgate the standards in
accordance with the section.
``(B) Considerations.--In promulgating standards
under this paragraph, the Administrator and the
Secretary of Defense shall take into consideration the
matters set forth in paragraph (2)(B).
``(C) Classes, types, and sizes of vessels.--The
standards promulgated under this paragraph may--
``(i) distinguish among classes, types, and
sizes of vessels;
``(ii) distinguish between new and existing
vessels; and
``(iii) provide for a waiver of the
applicability of the standards as necessary or
appropriate to a particular class, type, age,
or size of vessel.
``(4) Regulations for use of marine pollution control
devices.--The Secretary of Defense, after consultation with the
Administrator and the Secretary of the department in which the
Coast Guard is operating, shall promulgate such regulations
governing the design, construction, installation, and use of
marine pollution control devices on board vessels of the Armed
Forces as are necessary to achieve the standards promulgated
under paragraph (3).
``(5) Deadlines; effective date.--
``(A) Determinations.--The Administrator and the
Secretary of Defense shall--
``(i) make the initial determinations under
paragraph (2) not later than 2 years after the
date of enactment of this subsection; and
``(ii) every 5 years--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on significant new
information.
``(B) Standards.--The Administrator and the
Secretary of Defense shall--
``(i) promulgate standards of performance
for a marine pollution control device under
paragraph (3) not later than 2 years after the
date of a determination under paragraph (2)
that the marine pollution control device is
required; and
``(ii) every 5 years--
``(I) review the standards; and
``(II) if necessary, revise the
standards, consistent with paragraph
(3)(B) and based on significant new
information.
``(C) Regulations.--The Secretary of Defense shall
promulgate regulations with respect to a marine
pollution control device under paragraph (4) as soon as
practicable after the Administrator and the Secretary
of Defense promulgate standards with respect to the
device under paragraph (3), but not later than 1 year
after the Administrator and the Secretary of Defense
promulgate the standards. The regulations promulgated
by the Secretary of Defense under paragraph (4) shall
become effective upon promulgation unless another
effective date is specified in the regulations.
``(D) Petition for review.--The Governor of any
State may submit a petition requesting that the
Secretary of Defense and the Administrator review a
determination under paragraph (2) or a standard under
paragraph (3), if there is significant new information,
not considered previously, that could reasonably result
in a change to the particular determination or standard
after consideration of the matters set forth in
paragraph (2)(B). The petition shall be accompanied by
the scientific and technical information on which the
petition is based. The Administrator and the Secretary
of Defense shall grant or deny the petition not later
than 2 years after the date of receipt of the petition.
``(6) Effect on other laws.--
``(A) Prohibition on regulation by states or
political subdivisions of states.--Beginning on the
effective date of--
``(i) a determination under paragraph (2)
that it is not reasonable and practicable to
require use of a marine pollution control
device regarding a particular discharge
incidental to the normal operation of a vessel
of the Armed Forces; or
``(ii) regulations promulgated by the
Secretary of Defense under paragraph (4);
except as provided in paragraph (7), neither a State
nor a political subdivision of a State may adopt or
enforce any statute or regulation of the State or
political subdivision with respect to the discharge or
the design, construction, installation, or use of any
marine pollution control device required to control the
discharge.
``(B) Federal laws.--This subsection shall not
affect the application of section 311 to discharges
incidental to the normal operation of a vessel.
``(7) Establishment of state no-discharge zones.--
``(A) State prohibition.--
``(i) In general.--After the effective date
of--
``(I) a determination under
paragraph (2) that it is not reasonable
and practicable to require use of a
marine pollution control device
regarding a particular discharge
incidental to the normal operation of a
vessel of the Armed Forces; or
``(II) regulations promulgated by
the Secretary of Defense under
paragraph (4);
if a State determines that the protection and
enhancement of the quality of some or all of
the waters within the State require greater
environmental protection, the State may
prohibit 1 or more discharges incidental to the
normal operation of a vessel, whether treated
or not treated, into the waters. No prohibition
shall apply until the Administrator makes the
determinations described in subclauses (II) and
(III) of subparagraph (B)(i).
``(ii) Documentation.--To the extent that a
prohibition under this paragraph would apply to
vessels of the Armed Forces and not to other
types of vessels, the State shall document the
technical or environmental basis for the
distinction.
``(B) Prohibition by the administrator.--
``(i) In general.--Upon application of a
State, the Administrator shall by regulation
prohibit the discharge from a vessel of 1 or
more discharges incidental to the normal
operation of a vessel, whether treated or not
treated, into the waters covered by the
application if the Administrator determines
that--
``(I) the protection and
enhancement of the quality of the
specified waters within the State
require a prohibition of the discharge
into the waters;
``(II) adequate facilities for the
safe and sanitary removal of the
discharge incidental to the normal
operation of a vessel are reasonably
available for the waters to which the
prohibition would apply; and
``(III) the prohibition will not
have the effect of discriminating
against a vessel of the Armed Forces by
reason of the ownership or operation by
the Federal Government, or the military
function, of the vessel.
``(ii) Approval or disapproval.--The
Administrator shall approve or disapprove an
application submitted under clause (i) not
later than 90 days after the date on which the
application is submitted to the Administrator.
Notwithstanding clause (i)(II), the
Administrator shall not disapprove an
application for the sole reason that there are
not adequate facilities to remove any discharge
incidental to the normal operation of a vessel
from vessels of the Armed Forces.
``(C) Applicability to foreign flagged vessels.--A
prohibition under this paragraph--
``(i) shall not impose any design,
construction, manning, or equipment standard on
a foreign flagged vessel engaged in innocent
passage unless the prohibition implements a
generally accepted international rule or
standard; and
``(ii) that relates to the prevention,
reduction, and control of pollution shall not
apply to a foreign flagged vessel engaged in
transit passage unless the prohibition
implements an applicable international
regulation regarding the discharge of oil, oily
waste, or any other noxious substance into the
waters.
``(8) Prohibition relating to vessels of the armed
forces.--After the effective date of the regulations
promulgated by the Secretary of Defense under paragraph (4), it
shall be unlawful for any vessel of the Armed Forces subject to
the regulations to--
``(A) operate in the navigable waters of the United
States or the waters of the contiguous zone, if the
vessel is not equipped with any required marine
pollution control device meeting standards established
under this subsection; or
``(B) discharge overboard any discharge incidental
to the normal operation of a vessel in waters with
respect to which a prohibition on the discharge has
been established under paragraph (7).
``(9) Enforcement.--This subsection shall be enforceable,
as provided in subsections (j) and (k), against any agency of
the United States responsible for vessels of the Armed Forces
notwithstanding any immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1322(a)) is amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of the United
States'' after ``association,'';
(B) in paragraph (11), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal operation of a
vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water, cooling
water, weather deck runoff, ballast water, oil
water separator effluent, and any other
pollutant discharge from the operation of a
marine propulsion system, shipboard maneuvering
system, crew habitability system, or installed
major equipment, such as an aircraft carrier
elevator or a catapult, or from a protective,
preservative, or absorptive application to the
hull of the vessel; and
``(ii) a discharge in connection with the
testing, maintenance, and repair of a system
described in clause (i) whenever the vessel is
waterborne; and
``(B) does not include--
``(i) a discharge of rubbish, trash,
garbage, or other such material discharged
overboard;
``(ii) an air emission resulting from the
operation of a vessel propulsion system, motor
driven equipment, or incinerator; or
``(iii) a discharge that is not covered by
part 122.3 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of subsection (n));
``(13) `marine pollution control device' means any
equipment or management practice, for installation or use on
board a vessel of the Armed Forces, that is--
``(A) designed to receive, retain, treat, control,
or discharge a discharge incidental to the normal
operation of a vessel; and
``(B) determined by the Administrator and the
Secretary of Defense to be the most effective equipment
or management practice to reduce the environmental
impacts of the discharge consistent with the
considerations set forth in subsection (n)(2)(B); and
``(14) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and
``(B) any vessel owned or operated by the
Department of Transportation that is designated by the
Secretary of the department in which the Coast Guard is
operating as a vessel equivalent to a vessel described
in subparagraph (A).''.
(2) Enforcement.--The first sentence of section 312(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1322(j)) is
amended--
(A) by striking ``of this section or'' and
inserting a comma; and
(B) by striking ``of this section shall'' and
inserting ``, or subsection (n)(8) shall''.
(3) Other definitions.--Subparagraph (A) of the second
sentence of section 502(6) of the Federal Water Pollution
Control Act (33 U.S.C. 1362(6)) is amended by striking
```sewage from vessels''' and inserting ``sewage from vessels
or a discharge incidental to the normal operation of a vessel
of the Armed Forces''.
(d) Cooperation in Standards Development.--The Administrator of the
Environmental Protection Agency and the Secretary of Defense may, by
mutual agreement, with or without reimbursement, provide for the use of
information, reports, personnel, or other resources of the
Environmental Protection Agency or the Department of Defense to carry
out section 312(n) of the Federal Water Pollution Control Act (as added
by subsection (b)), including the use of the resources to--
(1) determine--
(A) the nature and environmental effect of
discharges incidental to the normal operation of a
vessel of the Armed Forces;
(B) the practicability of using marine pollution
control devices on vessels of the Armed Forces; and
(C) the effect that installation or use of marine
pollution control devices on vessels of the Armed
Forces would have on the operation or operational
capability of the vessels; and
(2) establish performance standards for marine pollution
control devices on vessels of the Armed Forces.
SEC. 323. REVISION OF AUTHORITIES RELATING TO RESTORATION ADVISORY
BOARDS.
(a) Regulations.--Paragraph (2) of subsection (d) of section 2705
of title 10, United States Code, is amended to read as follows:
``(2)(A) The Secretary shall prescribe regulations regarding the
establishment of restoration advisory boards pursuant to this
subsection.
``(B) The regulations shall set forth the following matters:
``(i) The functions of the boards.
``(ii) Funding for the boards.
``(iii) Accountability of the boards for expenditures of
funds.
``(iv) The routine administrative expenses that may be paid
pursuant to paragraph (3).
``(C) The issuance of regulations under subparagraph (A) shall not
be a precondition to the establishment of restoration advisory boards
under this subsection.''.
(b) Funding for Administrative Expenses.--Paragraph (3) of such
subsection is amended to read as follows:
``(3) The Secretary may authorize the commander of an installation
to pay routine administrative expenses of a restoration advisory board
established for that installation. Such payments shall be made from
funds available under subsection (g).''.
(c) Technical Assistance.--Such section is further amended by
striking out subsection (e) and inserting in lieu thereof the following
new subsection (e):
``(e) Technical Assistance.--(1) The Secretary may authorize the
commander of an installation, upon the request of the technical review
committee or restoration advisory board for the installation, to obtain
for the committee or advisory board, as the case may be, from private
sector sources technical assistance for interpreting scientific and
engineering issues with regard to the nature of environmental hazards
at the installation and the restoration activities proposed for or
conducted at the installation. The commander of an installation shall
use funds made available under subsection (g) for obtaining assistance
under this paragraph.
``(2) The commander of an installation may obtain technical
assistance under paragraph (1) for a technical review committee or
restoration advisory board only if--
``(A) the technical review committee or restoration
advisory board demonstrates that the Federal, State, and local
agencies responsible for overseeing environmental restoration
at the installation, and available Department of Defense
personnel, do not have the technical expertise necessary for
achieving the objective for which the technical assistance is
to be obtained;
``(B) the technical assistance is likely to contribute to
the efficiency, effectiveness, or timeliness of environmental
restoration activities at the installation; and
``(C) the technical assistance is likely to contribute to
community acceptance of environmental restoration activities at
the installation.''.
(d) Funding.--(1) Such section is further amended by adding at the
end the following:
``(g) Funding.--The Secretary shall, to the extent provided in
appropriations Acts, make funds available under subsections (d)(3) and
(e)(1) using funds in the following accounts:
``(1) In the case of a military installation not approved
for closure pursuant to a base closure law, the Defense
Environmental Restoration Account established under section
2703(a) of this title.
``(2) In the case of an installation approved for closure
pursuant to such a law, the Department of Defense Base Closure
Account 1990 established under section 2906(a) 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).''.
(2)(A) Subject to subparagraph (B), the total amount of funds made
available under section 2705(g) of title 10, United States Code, as
added by paragraph (1), for fiscal year 1996 may not exceed $4,000,000.
(B) Amounts may not be made available under subsection (g) of such
section 2705 after March 1, 1996, unless the Secretary of Defense
prescribes the regulations required under subsection (d) of such
section, as amended by subsection (a).
(e) Definition.--Such section is further amended by adding at the
end the following:
``(h) Definition.--In this section, the term `base closure law'
means the following:
``(1) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
``(2) 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).
``(3) Section 2687 of this title.''.
(f) Reports on Activities of Technical Review Committees and
Restoration Advisory Boards.--Section 2706(a)(2) of title 10, United
States Code, is amended by adding at the end the following:
``(J) A statement of the activities, if any, of the
technical review committee or restoration advisory board
established for the installation under section 2705 of this
title during the preceding fiscal year.''.
Subtitle D--Civilian Employees
SEC. 331. MINIMUM NUMBER OF MILITARY RESERVE TECHNICIANS.
For each of fiscal years 1996 and 1997, the minimum number of
personnel employed as military reserve technicians (as defined in
section 8401(30) of title 5, United States Code) for reserve components
as of the last day of such fiscal year shall be as follows:
(1) For the Army National Guard, 25,750.
(2) For the Army Reserve, 7,000.
(3) For the Air National Guard, 23,250.
(4) For the Air Force Reserve, 10,000.
SEC. 332. EXEMPTION OF DEPARTMENT OF DEFENSE FROM PERSONNEL CEILINGS
FOR CIVILIAN PERSONNEL.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``man-year
constraint or limitation'' and inserting in lieu thereof
``constraint or limitation in terms of man years, end strength,
full-time equivalent (FTE) employees, or maximum number of
employees''; and
(2) in subsection (b)(2), by striking out ``any end-
strength'' and inserting in lieu thereof ``any constraint or
limitation in terms of man years, end strength, full-time
equivalent (FTE) employees, or maximum number of employees''.
SEC. 333. WEARING OF UNIFORM BY NATIONAL GUARD TECHNICIANS.
(a) Requirement.--Section 709(b) of title 32, United States Code,
is amended to read as follows:
``(b) Except as prescribed by the Secretary concerned, a technician
employed under subsection (a) shall, while so employed--
``(1) be a member of the National Guard;
``(2) hold the military grade specified by the Secretary
concerned for that position; and
``(3) wear the uniform appropriate for the member's grade
and component of the armed forces while performing duties as a
technician.''.
(b) Uniform Allowances for Officers.--Section 417 of title 37,
United States Code, is amended by adding at the end the following:
``(d)(1) For purposes of sections 415 and 416 of this title, a
period for which an officer of an armed force, while employed as a
National Guard technician, is required to wear a uniform under section
709(b) of title 32 shall be treated as a period of active duty (other
than for training).
``(2) A uniform allowance may not be paid, and uniforms may not be
furnished, to an officer under section 1593 of title 10 or section 5901
of title 5 for a period of employment referred to in paragraph (1) for
which an officer is paid a uniform allowance under section 415 or 416
of this title.''.
(c) Clothing or Allowances for Enlisted Members.--Section 418 of
title 37, United States Code, is amended--
(1) by inserting ``(a)'' before ``The President''; and
(2) by adding at the end the following:
``(b) In determining the quantity and kind of clothing or
allowances to be furnished pursuant to regulations prescribed under
this section to persons employed as National Guard technicians under
section 709 of title 32, the President shall take into account the
requirement under subsection (b) of such section for such persons to
wear a uniform.
``(c) A uniform allowance may not be paid, and uniforms may not be
furnished, under section 1593 of title 10 or section 5901 of title 5 to
a person referred to in subsection (b) for a period of employment
referred to in that subsection for which a uniform allowance is paid
under section 415 or 416 of this title.''.
SEC. 334. EXTENSION OF TEMPORARY AUTHORITY TO PAY CIVILIAN EMPLOYEES
WITH RESPECT TO THE EVACUATION FROM GUANTANAMO, CUBA.
(a) Extension for 120 Days.--The authority provided in section 103
of Public Law 104-6 (109 Stat.79) shall be effective until the end of
January 31, 1996.
(b) Monthly Report.--On the first day of each month, the Secretary
of the Navy shall transmit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report regarding the employees being paid pursuant to
section 103 of Public Law 104-6. The report shall include the number of
the employees, their positions of employment, the number and location
of the employees' dependents, and the actions that the Secretary is
taking to eliminate the conditions making the payments necessary.
SEC. 335. SHARING OF PERSONNEL OF DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS AND DEFENSE DEPENDENTS' EDUCATION
SYSTEM.
Section 2164(e) of title 10, United States Code, is amended by
adding at the end the following:
``(4)(A) The Secretary may, without regard to the provisions of any
law relating to the number, classification, or compensation of
employees--
``(i) transfer civilian employees in schools established
under this section to schools in the defense dependents'
education system in order to provide the services referred to
in subparagraph (B) to such system; and
``(ii) transfer employees in such system to such schools in
order to provide such services to such schools.
``(B) The services referred to in subparagraph (A) are the
following:
``(i) Administrative services.
``(ii) Logistical services.
``(iii) Personnel services.
``(iv) Such other services as the Secretary considers
appropriate.
``(C) Transfers under this paragraph shall extend for such periods
as the Secretary considers appropriate. The Secretary shall provide
appropriate compensation for employees so transferred.
``(D) The Secretary may provide that the transfer of any employee
under this paragraph occur without reimbursement of the school or
system concerned.
``(E) In this paragraph, the term `defense dependents' education
system' means the program established and operated under section
1402(a) of the Defense Dependents' Education Act of 1978 (20 U.S.C.
921(a)).''.
SEC. 336. REVISION OF AUTHORITY FOR APPOINTMENTS OF INVOLUNTARILY
SEPARATED MILITARY RESERVE TECHNICIANS.
(a) Revision of Authority.--Section 3329 of title 5, United States
Code, as added by section 544 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2415), is amended--
(1) in subsection (b), by striking out ``be offered'' and
inserting in lieu thereof ``be provided placement consideration
in a position described in subsection (c) through a priority
placement program of the Department of Defense''; and
(2) by striking out subsection (c) and inserting in lieu
thereof the following new subsection (c):
``(c)(1) The position to be offered a former military technician
under subsection (b) shall be a position--
``(A) in either the competitive service or the excepted
service;
``(B) within the Department of Defense; and
``(C) in which the person is qualified to serve, taking
into consideration whether the employee in that position is
required to be a member of a reserve component of the armed
forces as a condition of employment.
``(2) To the maximum extent practicable, the position shall also be
in a pay grade or other pay classification sufficient to ensure that
the rate of basic pay of the former military technician, upon
appointment to the position, is not less than the rate of basic pay
last received by the former military technician for technician service
before separation.''.
(b) Technical and Clerical Amendments.--(1) The section 3329 of
title 5, United States Code, that was added by section 4431 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2719) is redesignated as section 3330 of such title.
(2) The table of sections at the beginning of chapter 33 of such
title is amended by striking out the item relating to section 3329, as
added by section 4431(b) of such Act (106 Stat. 2720), and inserting in
lieu thereof the following new item:
``3330. Government-wide list of vacant positions.''.
SEC. 337. COST OF CONTINUING HEALTH INSURANCE COVERAGE FOR EMPLOYEES
VOLUNTARILY SEPARATED FROM POSITIONS TO BE ELIMINATED IN
A REDUCTION IN FORCE.
Section 8905a(d)(4) of title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``from a position'' and
inserting in lieu thereof ``or voluntary separation
from a surplus position''; and
(B) by striking out ``force--'' and inserting in
lieu thereof ``force or a closure or realignment of a
military installation pursuant to a base closure law--
''; and
(2) by adding at the end the following new subparagraph:
``(C) In this paragraph:
``(i) The term `surplus position' means a position that, as
determined under regulations prescribed by the Secretary of
Defense, is identified during planning for a reduction in force
as being no longer required and is designated for elimination
during the reduction in force.
``(ii) The term `base closure law' means the following:
``(I) Section 2687 of title 10.
``(II) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(III) 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).
``(iii) The term `military installation'--
``(I) in the case of an installation covered by
section 2687 of title 10, has the meaning given such
term in subsection (e)(1) of such section;
``(II) in the case of an installation covered by
the Act referred to in subclause (II) of clause (ii),
has the meaning given such term in section 209(6) of
such Act;
``(III) in the case of an installation covered by
the Act referred to in subclause (III) of that clause,
has the meaning given such term in section 2910(4) of such Act.''.
SEC. 338. ELIMINATION OF 120-DAY LIMITATION ON DETAILS OF CERTAIN
EMPLOYEES.
Subsection (b) of section 3341 of title 5, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) Details of employees of the Department of Defense under
subsection (a) of this section may be made only by written order of the
Secretary of the military department concerned (or by the Secretary of
Defense, in the case of an employee of the Department of Defense who is
not an employee of a military department) or a designee of the
Secretary. Paragraph (1) does not apply to the Department of
Defense.''.
SEC. 339. REPEAL OF REQUIREMENT FOR PART-TIME CAREER OPPORTUNITY
EMPLOYMENT REPORTS.
Section 3407 of title 5, United States Code, is amended by adding
at the end the following:
``(c) This section does not apply to the Department of Defense.''.
SEC. 340. AUTHORITY OF CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE TO
PARTICIPATE VOLUNTARILY IN REDUCTIONS IN FORCE.
Section 3502 of title 5, United States Code, is amended by adding
at the end the following:
``(f)(1) The Secretary of Defense or the Secretary of a military
department may--
``(A) release in a reduction in force an employee who
volunteers for the release even though the employee is not
otherwise subject to release in the reduction in force under
the criteria applicable under the other provisions of this
section; and
``(B) for each employee voluntarily released in the
reduction in force under subparagraph (A), retain an employee
who would otherwise be released in the reduction in force under
such criteria.
``(2) A voluntary release of an employee in a reduction in force
pursuant to paragraph (1) shall be treated as an involuntary release in
the reduction in force.
``(3) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(4) The authority under paragraph (1) may not be exercised after
September 30, 1996.''.
SEC. 341. AUTHORITY TO PAY SEVERANCE PAYMENTS IN LUMP SUMS.
Section 5595 of title 5, United States Code, is amended by adding
at the end the following:
``(i)(1) In the case of an employee of the Department of Defense
who is entitled to severance pay under this section, the Secretary of
Defense or the Secretary of the military department concerned may, upon
application by the employee, pay the total amount of the severance pay
to the employee in one lump sum.
``(2)(A) If an employee paid severance pay in a lump sum under this
subsection is reemployed by the Government of the United States or the
government of the District of Columbia at such time that, had the
employee been paid severance pay in regular pay periods under
subsection (b), the payments of such pay would have been discontinued
under subsection (d) upon such reemployment, the employee shall refund
to the Department of Defense (for the military department that formerly
employed the employee, if applicable) an amount equal to the amount of
severance pay to which the employee was entitled under this section
that would not have been paid to the employee under subsection (d) by
reason of such reemployment.
``(B) The period of service represented by an amount of severance
pay refunded by an employee under subparagraph (A) shall be considered
service for which severance pay has not been received by the employee
under this section.
``(C) Amounts refunded to an agency under this paragraph shall be
credited to the appropriation available for the pay of employees of the
agency for the fiscal year in which received. Amounts so credited shall
be merged with, and shall be available for the same purposes and the
same period as, the other funds in that appropriation.
``(3) This subsection applies with respect to severance payable
under this section for separations taking effect on or after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 1996 and before October 1, 1999.''.
SEC. 342. HOLIDAYS FOR EMPLOYEES WHOSE BASIC WORKWEEK IS OTHER THAN
MONDAY THROUGH FRIDAY.
Section 6103(b) of title 5, United States Code, is amended--
(1) in paragraph (2), by striking out ``Instead'' and
inserting in lieu thereof ``Except as provided in paragraph
(3), instead''; and
(2) by adding at the end the following:
``(3)(A) In the case of an employee of a military
department or any other employee of the Department of Defense,
subject to the discretion of the Secretary concerned, instead
of a holiday that occurs on a regular weekly non-workday of an
employee whose basic workweek is other than Monday through
Friday, the legal holiday for the employee is--
``(i) the workday of the employee immediately
before the regular weekly non-workday; or
``(ii) if the holiday occurs on a regular weekly
non-workday administratively scheduled for the employee
instead of Sunday, the next immediately following
workday of the employee.
``(B) For purposes of subparagraph (A), the term `Secretary
concerned' has the meaning given that term in subparagraphs
(A), (B), and (C) of section 101(a)(9) of title 10 and includes
the Secretary of Defense with respect to an employee of the
Department of Defense who is not an employee of a military
department.''.
SEC. 343. COVERAGE OF NONAPPROPRIATED FUND EMPLOYEES UNDER AUTHORITY
FOR FLEXIBLE AND COMPRESSED WORK SCHEDULES.
Paragraph (2) of section 6121 of title 5, United States Code, is
amended to read as follows:
``(2) `employee' has the meaning given the term in
subsection (a) of section 2105 of this title, except that such
term also includes an employee described in subsection (c) of that
section;''.
Subtitle E--Defense Financial Management
SEC. 351. FINANCIAL MANAGEMENT TRAINING.
(a) Limitation.--Funds authorized by this Act to be appropriated
for the Department of Defense may not be obligated for a capital lease
for the establishment of a Department of Defense financial management
training center before the date that is 90 days after the date on which
the Secretary of Defense submits, in accordance with subsection (b), a
certification of the need for such a center and a report on financial
management training for Department of Defense personnel.
(b) Certification and Report.--(1) Before obligating funds for a
Department of Defense financial management training center, the
Secretary of Defense shall--
(A) certify to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives the need for such a center; and
(B) submit to such committees, with the certification, a
report on financial management training for Department of
Defense personnel.
(2) Any report under paragraph (1) shall contain the following:
(A) The Secretary's analysis of the requirements for
providing financial management training for employees of the
Department of Defense.
(B) The alternatives considered by the Secretary for
meeting those requirements.
(C) A detailed plan for meeting those requirements.
(D) A financial analysis of the estimated short-term and
long-term costs of carrying out the plan.
(E) If, after the analysis referred to in subparagraph (A)
and after considering alternatives as described in subparagraph
(B), the Secretary determines to meet the requirements through
a financial management training center--
(i) the determination of the Secretary regarding
the location for the university; and
(ii) a description of the process used by the
Secretary for selecting that location.
SEC. 352. LIMITATION ON OPENING OF NEW CENTERS FOR DEFENSE FINANCE AND
ACCOUNTING SERVICE.
(a) Limitation.--During fiscal year 1996, the Secretary of Defense
may not establish any center for the Defense Finance and Accounting
Service that is not operating on the date of the enactment of this Act.
(b) Exception.--If the Secretary submits to Congress not later than
March 31, 1996, a report containing a discussion of the need for
establishing a new center prohibited by subsection (a), the prohibition
in such subsection shall not apply to the center effective 30 days
after the date on which Congress receives the report.
(c) Reexamination of Need Required.--Before submitting a report
regarding a new center that the Secretary planned before the date of
the enactment of this Act to establish on or after that date, the
Secretary shall reconsider the need for establishing that center.
Subtitle F--Miscellaneous Assistance
SEC. 361. DEPARTMENT OF DEFENSE FUNDING FOR NATIONAL GUARD
PARTICIPATION IN JOINT DISASTER AND EMERGENCY ASSISTANCE
EXERCISES.
Section 503(a) of title 32, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) includes authority to provide for participation
of the National Guard in conjunction with the Army or the Air Force, or
both, in joint exercises for instruction to prepare the National Guard
for response to civil emergencies and disasters.''.
SEC. 362. OFFICE OF CIVIL-MILITARY PROGRAMS.
None of the funds authorized to be appropriated by this or any
other Act may be obligated or expended for the Office of Civil-Military
Programs within the Office of the Assistant Secretary of Defense for
Reserve Affairs.
SEC. 363. REVISION OF AUTHORITY FOR CIVIL-MILITARY COOPERATIVE ACTION
PROGRAM.
(a) Reserve Components To Be Used for Cooperative Action.--Section
410 of title 10, United States Code, is amended in the second sentence
of subsection (a) by inserting ``of the reserve components and of the
combat support and combat service support elements of the regular
components'' after ``resources''.
(b) Program Objectives.--Subsection (b) of such section is amended
by striking out paragraphs (1), (2), (3), (4), (5), and (6) and
inserting in lieu thereof the following:
``(1) To enhance individual and unit training and morale in
the armed forces.
``(2) To encourage cooperation between civilian and
military sectors of society.''.
(c) Regulations.--Subsection (d) of such section is amended by
striking out paragraphs (5) and (6) and inserting in lieu thereof the
following:
``(5) Procedures to ensure that Department of Defense
resources are not applied exclusively to the program.
``(6) A requirement that a commander of a unit of the armed
forces involved in providing assistance certify that the
assistance is consistent with the military missions of the
unit.''.
SEC. 364. OFFICE OF HUMANITARIAN AND REFUGEE AFFAIRS.
None of the funds authorized to be appropriated by this or any
other Act may be obligated or expended for the Office of Humanitarian
and Refugee Affairs within the Office of the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict.
SEC. 365. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID PROGRAMS.
(a) GAO Report.--Not later than December 15, 1995, the Comptroller
General of the United States shall provide to the congressional defense
committees a report on--
(1) existing funding mechanisms available to cover the
costs associated with the Overseas Humanitarian, Disaster, and
Civic Assistance activities through funds provided to the
Department of State or the Agency for International
Development, and
(2) if such mechanisms do not exist, actions necessary to
institute such mechanisms, including any changes in existing
law or regulations.
Subtitle G--Operation of Morale, Welfare, and Recreation Activities
SEC. 371. DISPOSITION OF EXCESS MORALE, WELFARE, AND RECREATION FUNDS.
Section 2219 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``a military
department'' and inserting in lieu thereof ``an armed force'';
(2) in the second sentence--
(A) by striking out ``, department-wide''; and
(B) by striking out ``of the military department''
and inserting in lieu thereof ``for that armed force'';
and
(3) by adding at the end the following: ``This section does
not apply to the Coast Guard.''.
SEC. 372. ELIMINATION OF CERTAIN RESTRICTIONS ON PURCHASES AND SALES OF
ITEMS BY EXCHANGE STORES AND OTHER MORALE, WELFARE, AND
RECREATION FACILITIES.
(a) Restrictions Eliminated.--(1) Subchapter II of chapter 134 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2255. Military exchange stores and other morale, welfare, and
recreation facilities: sale of items
``(a) Authority.--The MWR retail facilities may sell items in
accordance with regulations prescribed by the Secretary of Defense.
``(b) Certain Restrictions Prohibited.--The regulations may not
include any of the following restrictions on the sale of items:
``(1) A restriction on the prices of items offered for
sale, including any requirement to establish prices on the
basis of a specific relationship between the prices charged for
the merchandise and the cost of the merchandise to the MWR
retail facilities concerned.
``(2) A restriction on price of purchase of an item.
``(3) A restriction on the categories of items that may be
offered for sale.
``(4) A restriction on the size of items that may be
offered for sale.
``(5) A restriction on the basis of--
``(A) whether the item was manufactured, produced,
or mined in the United States; or
``(B) the extent to which the merchandise contains
components or materials manufactured, produced, or
mined in the United States.
``(c) MWR Retail Facility Defined.--In this section, the term `MWR
retail facilities' means exchange stores and other revenue generating
facilities operated by nonappropriated fund activities of the
Department of Defense for the morale, welfare, and recreation of
members of the armed forces.''.
(2) The table of sections at the beginning of subchapter II of
chapter 134 of such title is amended by adding at the end the
following:
``2255. Military exchange stores and other morale, welfare, and
recreation facilities: sale of items.''.
(b) Report.--Not later than June 1, 1996, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
that identifies each restriction in effect immediately before the date
of the enactment of this Act that is terminated or made inapplicable by
section 2255 of title 10, United States Code (as added by subsection
(a)), to exchange stores and other revenue generating facilities
operated by nonappropriated fund activities of the Department of
Defense for the morale, welfare, and recreation of members of the Armed
Forces.
SEC. 373. REPEAL OF REQUIREMENT TO CONVERT SHIPS' STORES TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Repeal.--Section 371 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1634; 10 U.S.C.
7604 note) is amended by striking out subsections (a), (b), and (d).
(b) Repeal of Related Codified Provisions.--Section 7604 of title
10, United States Code, is amended--
(1) in subsection (a), by striking out ``(a) In General.--
''; and
(2) by striking out subsections (b) and (c).
Subtitle H--Other Matters
SEC. 381. NATIONAL DEFENSE SEALIFT FUND: AVAILABILITY FOR THE NATIONAL
DEFENSE RESERVE FLEET.
Section 2218 of title 10, United States Code is amended--
(1) in subsection (c)(1)--
(A) by striking out ``and'' at the end of
subparagraph (C);
(B) by striking out the period at the end of
subparagraph (D) and inserting in lieu thereof ``;
and''; and
(C) by adding at the end the following:
``(E) expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744).''; and
(2) in subsection (i), by striking out ``Nothing'' and
inserting in lieu thereof ``Except as provided in subsection
(c)(1)(E), nothing''.
SEC. 382. AVAILABILITY OF RECOVERED LOSSES RESULTING FROM CONTRACTOR
FRAUD.
(a) Department of Defense to Receive 3 Percent.--Subchapter I of
chapter 134 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2250. Recoveries of losses and expenses resulting from
contractor fraud
``(a) Retention of Part of Recovery.--(1) Notwithstanding any other
provision of law, a portion of the amount recovered by the Government
in a fiscal year for losses and expenses incurred by the Department of
Defense as a result of contractor fraud at military installations shall
be credited to appropriations accounts of the Department of Defense for
that fiscal year in accordance with allocations made pursuant to
subsection (b).
``(2) The total amount credited to appropriations accounts for a
fiscal year pursuant to paragraph (1) shall be the lesser of--
``(A) the amount equal to three percent of the amount
referred to in such paragraph that is recovered in that fiscal
year; or
``(B) $500,000.
``(b) Allocation of Recovered Funds.--The Secretary of Defense
shall allocate amounts recovered in a contractor fraud case through the
Secretary of the military department concerned to each installation
that incurred a loss or expense as a result of the fraud.
``(c) Use by Military Departments.--The Secretary of a military
department receiving an allocation under subsection (b) in a fiscal
year with respect to a contractor fraud case--
``(1) shall credit (for use by each installation concerned)
the amount equal to the costs incurred by the military
department in carrying out or supporting an investigation or
litigation of the contractor fraud case to appropriations
accounts of the department for such fiscal year that are used
for paying the costs of carrying out or supporting
investigations or litigation of contractor fraud cases; and
``(2) may credit to any appropriation account of the
department for that fiscal year (for use by each installation
concerned) the amount, if any, that exceeds the amount credited
to appropriations accounts under paragraph (1).
``(d) Recoveries Included.--(1) Subject to paragraph (2)(B),
subsection (a) applies to amounts recovered in civil or administrative
actions (including settlements) as actual damages, restitution, and
investigative costs.
``(2) Subsection (a) does not apply to--
``(A) criminal fines, forfeitures, civil penalties, and
damages in excess of actual damages; or
``(B) recoveries of losses or expenses incurred by working-
capital funds managed through the Defense Business Operations
Fund.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such chapter is amended by adding at the end the
following:
``2248. Recoveries of losses and expenses resulting from contractor
fraud.''.
SEC. 383. PERMANENT AUTHORITY FOR USE OF PROCEEDS FROM THE SALE OF
CERTAIN LOST, ABANDONED, OR UNCLAIMED PROPERTY.
(a) Permanent Authority.--Section 2575 of title 10 is amended--
(1) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b)(1) In the case of property found on a military installation,
the proceeds from the sale of the property under this section shall be
credited to the operation and maintenance account of that installation
and used--
``(A) to reimburse the installation for any costs incurred
by the installation to collect, transport, store, protect, or
sell the property; and
``(B) if all such costs are reimbursed, to support morale,
welfare, and recreation activities under the jurisdiction of
the armed forces conducted for the comfort, pleasure,
contentment, or physical or mental improvement of members of
the armed forces at that installation.
``(2) The net proceeds from the sale of other property under this
section shall be covered into the Treasury as miscellaneous
receipts.''; and
(2) by adding at the end the following:
``(d)(1) The owner (or heirs, next of kin, or legal representative
of the owner) of personal property the proceeds of which are credited
to a military installation under subsection (b)(1) may file a claim
with the Secretary of Defense for the amount equal to the proceeds
(less costs referred to in subparagraph (A) of such subsection).
Amounts to pay the claim shall be drawn from the morale, welfare, and
recreation account for the installation that received the proceeds.
``(2) The owner (or heirs, next of kin, or legal representative of
the owner) may file a claim with the General Accounting Office for
proceeds covered into the Treasury under subsection (b)(2).
``(3) Unless a claim is filed under this subsection within 5 years
after the date of the disposal of the property to which the claim
relates, the claim may not be considered by a court, the Secretary of
Defense (in the case of a claim filed under paragraph (1)), or the
General Accounting Office (in the case of a claim filed under paragraph
(2)).''.
(b) Repeal of Authority for Demonstration Program.--Section 343 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1343) is repealed.
SEC. 384. SALE OF MILITARY CLOTHING AND SUBSISTENCE AND OTHER SUPPLIES
OF THE NAVY AND MARINE CORPS.
(a) In General.--Chapter 651 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and
employees; prices
``(a) The Secretary of the Navy shall procure and sell, for cash or
credit--
``(1) articles designated by the Secretary to members of
the Navy and Marine Corps; and
``(2) items of individual clothing and equipment to members
of the Navy and Marine Corps, under such restrictions as the
Secretary may prescribe.
An account of sales on credit shall be kept and the amount due reported
to the Secretary. Except for articles and items acquired through the
use of working capital funds under section 2208 of this title, sales of
articles shall be at cost, and sales of individual clothing and
equipment shall be at average current prices, including overhead, as
determined by the Secretary.
``(b) The Secretary shall sell subsistence supplies to members of
other armed forces at the prices at which like property is sold to
members of the Navy and Marine Corps.
``(c) The Secretary may sell serviceable supplies, other than
subsistence supplies, to members of other armed forces for the buyers'
use in the service. The prices at which the supplies are sold shall be
the same prices at which like property is sold to members of the Navy
and Marine Corps.
``(d) A person who has been discharged honorably or under honorable
conditions from the Army, Navy, Air Force or Marine Corps and who is
receiving care and medical treatment from the Public Health Service or
the Department of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(e) Under such conditions as the Secretary may prescribe,
exterior articles of uniform may be sold to a person who has been
discharged from the Navy or Marine Corps honorably or under honorable
conditions, at the prices at which like articles are sold to members of
the Navy or Marine Corps. This subsection does not modify sections 772
or 773 of this title.
``(f) Payment for subsistence supplies sold under this section
shall be made in cash.
``(g)(1) The Secretary may provide for the procurement and sale of
stores designated by the Secretary to such civilian officers and
employees of the United States, and such other persons, as the
Secretary considers proper--
``(A) at military installations outside the United States;
and
``(B) subject to paragraph (2), at military installations
inside the United States where the Secretary determines that it
is impracticable for those civilian officers, employees, and
persons to obtain such stores from commercial enterprises
without impairing the efficient operation of military
activities.
``(2) Sales to civilian officers and employees inside the United
States may be made under paragraph (1) only to those residing within
military installations.
``(h) Appropriations for subsistence of the Navy or Marine Corps
may be applied to the purchase of subsistence supplies for sale to
members of the Navy and Marine Corps on active duty for the use of
themselves and their families.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 651 of such title is amended by adding at the end the
following:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments
and employees; prices.''.
SEC. 385. CONVERSION OF CIVILIAN MARKSMANSHIP PROGRAM TO
NONAPPROPRIATED FUND INSTRUMENTALITY AND ACTIVITIES UNDER
PROGRAM.
(a) Conversion.--Section 4307 of title 10, United States Code, is
amended to read as follows:
``Sec. 4307. Promotion of rifle practice and firearms safety:
administration
``(a) Nonappropriated Fund Instrumentality.--On and after October
1, 1995, the Civilian Marksmanship Program shall be operated as a
nonappropriated fund instrumentality of the United States within the
Department of Defense for the benefit of members of the armed forces
and for the promotion of rifle practice and firearms safety among
civilians.
``(b) Advisory Committee.--(1) The Civilian Marksmanship Program
shall be under the general supervision of an Advisory Committee for the
Promotion of Rifle Practice and Firearms Safety, which shall replace
the National Board for the Promotion of Rifle Practice. The Advisory
Committee shall be appointed by the Secretary of the Army.
``(2) Members of the Advisory Committee shall serve without
compensation, except that members shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
while away from their homes or regular places of business in the
performance of Advisory Committee services.
``(c) Director.--The Secretary of the Army shall appoint a person
to serve as Director of the Civilian Marksmanship Program.
``(d) Funding.--(1) The Advisory Committee 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.
Donations may be accepted notwithstanding any legal restrictions
otherwise arising from procurement relationships of the donors with the
United States.
``(2) All amounts collected under the Civilian Marksmanship
Program, including the proceeds from the sale of arms, ammunition,
targets, and other supplies and appliances under section 4308 of this
title, shall be credited to the Civilian Marksmanship Program and shall
be available to carry out the Civilian Marksmanship Program. Amounts
collected by, and available to, the National Board for the Promotion of
Rifle Practice before the date of the enactment of this section from
sales programs and from fees in connection with competitions sponsored
by that Board shall be transferred to the nonappropriated funds account
established for the Civilian Marksmanship Program and shall be
available to carry out the Civilian Marksmanship Program.
``(3) Funds held on behalf of the Civilian Marksmanship Program
shall not be construed to be Government or public funds or appropriated
funds and shall not be available to support other nonappropriated fund
instrumentalities of the Department of Defense. Expenditures on behalf
of the Civilian Marksmanship Program, including compensation and
benefits for civilian employees, may not exceed $5,000,000 during any
fiscal year. The approval of the Advisory Committee shall be required
for any expenditure in excess of $50,000. Notwithstanding any other
provision of law, funds held on behalf of the Civilian Marksmanship
Program shall remain available until expended.
``(e) Inapplicability of Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) does not apply to the Advisory
Committee.
``(f) Definitions.--In this section and sections 4308 through 4313
of this title:
``(1) The term `Civilian Marksmanship Program' means the
rifle practice and firearms safety program carried out under
section 4308 of this title and includes the National Matches
and small-arms firing schools referred to in section 4312 of
this title.
``(2) The term `Advisory Committee' means the Advisory
Committee for the Promotion of Rifle Practice and Firearms
Safety.
``(3) The term `Director' means the Director of the
Civilian Marksmanship Program.''.
(b) Activities.--Section 4308 of such title is amended to read as
follows:
``Sec. 4308. Promotion of rifle practice and firearms safety:
activities
``(a) Instruction, Safety, and Competition Programs.--(1) The
Civilian Marksmanship Program shall provide for--
``(A) the operation and maintenance of indoor and outdoor
rifle ranges and their accessories and appliances;
``(B) the instruction of citizens of the United States in
marksmanship, and the employment of necessary instructors for
that purpose;
``(C) the promotion of safe and responsible practice in the
use of rifled arms and the maintenance and management of
matches or competitions in the use of those arms; and
``(D) the award to competitors of trophies, prizes, badges,
and other insignia.
``(2) In carrying out this subsection, 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.
``(3) Before a person may participate in any activity sponsored or
supported by the Civilian Marksmanship Program under this subsection,
the person shall be required to certify that the person has not
violated any Federal or State firearms laws.
``(b) Sale and Issuance of Arms and Ammunition.--(1) The Civilian
Marksmanship Program may issue, without cost, the arms, ammunition
(including caliber .22 and caliber .30 ammunition), targets, and other
supplies and appliances necessary for activities conducted under
subsection (a). Issuance shall be made only to gun clubs under the
direction of the Director of the program that provide training in the
use of rifled arms to youth, the Junior Reserve Officers' Training
Corps, the Boy Scouts of America, 4-H Clubs, Future Farmers of America,
and other youth-oriented organizations for training and competition.
``(2) The Director of the Civilian Marksmanship Program may sell at
fair market value caliber .30 rifles and accoutrements, caliber .22
rifles, and air rifles, and ammunition for such rifles, to gun clubs
that are under the direction of the Director and provide training in
the use of rifled arms. In lieu of sales, the Director may loan such
rifles to such gun clubs.
``(3) The Director of the Civilian Marksmanship Program may sell at
fair market value small arms, 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 Director.
``(4) Before conveying any weapon or ammunition to a person,
whether by sale or lease, the Director shall provide for a criminal
records check of the person with appropriate Federal and State law
enforcement agencies.
``(c) Other Authorities.--The Director shall provide 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) the transportation of employees, instructors, and
civilians to give or to receive instruction or to assist or
engage in practice in the use of rifled arms, and the
transportation and subsistence, or an allowance instead of
subsistence, of members of teams authorized by the Advisory
Committee to participate in matches or competitions in the use
of rifled arms.
``(d) Fees.--The Director, in consultation with the Advisory
Committee, may impose reasonable fees 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.
``(e) Receipt of Excess Arms and Ammunition.--(1) The Secretary of
the Army shall reserve for the Civilian Marksmanship Program all
remaining M-1 Garand rifles, accoutrements, and ammunition for such
rifles, still held by the Army. After the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996, 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.
``(2) Transfers under this subsection shall be made without cost to
the Civilian Marksmanship Program, except for the costs of
transportation for the transferred small arms and ammunition.
``(f) Participation Conditions.--(1) All participants in the
Civilian Marksmanship Program and activities sponsored or supported by
the Advisory Committee shall be required, as a condition of
participation, to sign affidavits stating that--
``(A) they have never been convicted of a firearms
violation under State or Federal law; and
``(B) they are not members of any organization which
advocates the violent overthrow of the United States
Government.
``(2) Any person found to have violated this subsection shall be
ineligible to participate in the Civilian Marksmanship Program and
future activities.''.
(c) Participation of Members of the Armed Forces in Instruction and
Competition.--Section 4310 of such title is amended to read as follows:
``Sec. 4310. Rifle instruction and competitions: participation of
members
``The commander of a major command of the armed forces may pay the
personnel costs and travel and per diem expenses of members of an
active or reserve component of the armed forces who participate in a
competition sponsored by the Civilian Marksmanship Program or who
provide instruction or other services in support of the Civilian
Marksmanship Program.''.
(d) Conforming Amendments.--(1) Section 4312(a) of such title is
amended by striking out ``as prescribed by the Secretary of the Army''
and inserting in lieu thereof ``as part of the Civilian Marksmanship
Program''.
(2) Section 4313 of such title is amended--
(A) in subsection (a), by striking out ``Secretary of the
Army'' both places it appears and inserting in lieu thereof
``Advisory Committee''; and
(B) in subsection (b), by striking out ``Appropriated funds
available for the Civilian Marksmanship Program (as defined in
section 4308(e) of this title) may'' and inserting in lieu
thereof ``Nonappropriated funds available to the Civilian
Marksmanship Program shall''.
(e) Clerical Amendments.--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, 4309, and 4310 and inserting in lieu thereof
the following new items:
``4307. Promotion of rifle practice and firearms safety:
administration.
``4308. Promotion of rifle practice and firearms safety: activities.
``4309. Rifle ranges: availability for use by members and civilians.
``4310. Rifle instruction and competitions: participation of
members.''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995.
SEC. 386. REPORT ON EFFORTS TO CONTRACT OUT CERTAIN FUNCTIONS OF
DEPARTMENT OF DEFENSE.
Not later than March 1, 1996, the Secretary of Defense shall submit
to Congress a report describing the advantages and disadvantages of
using contractor personnel, rather than civilian employees of the
Department of Defense, to perform functions of the Department that are
not essential to the warfighting mission of the Armed Forces. The
report shall specify all legislative and regulatory impediments to
contracting those functions for private performance.
SEC. 387. IMPACT AID.
(a) Special Rule for 1994 Payments.--The Secretary of Education
shall not consider any payment to a local educational agency by the
Department of Defense, that is available to such agency for current
expenditures and used for capital expenses, as funds available to such
agency for purposes of making a determination for fiscal year 1994
under section 3(d)(2)(B)(i) of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such Act was in effect on September 30,
1994).
(b) Payments for Eligible Federally Connected Children.--Subsection
(f) of section 8003 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703) is amended--
(1) in paragraph (2)--
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ``only if such agency''
and inserting ``if such agency is eligible for a
supplementary payment in accordance with subparagraph
(B) or such agency''; and
(B) by adding at the end the following new
subparagraph:
``(C) A local educational agency shall only be
eligible to receive additional assistance under this
subsection if the Secretary determines that--
``(i) such agency is exercising due
diligence in availing itself of State and other
financial assistance; and
``(ii) the eligibility of such agency under
State law for State aid with respect to the
free public education of children described in
subsection (a)(1) and the amount of such aid
are determined on a basis no less favorable to
such agency than the basis used in determining
the eligibility of local educational agencies
for State aid, and the amount of such aid, with
respect to the free public education of other
children in the State.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
inserting ``(other than any amount received
under paragraph (2)(B))'' after ``subsection'';
(ii) in subclause (I) of clause (i), by
striking ``or the average per-pupil expenditure
of all the States'';
(iii) by amending clause (ii) to read as
follows:
``(ii) The Secretary shall next multiply
the amount determined under clause (i) by the
total number of students in average daily
attendance at the schools of the local
educational agency.''; and
(iv) by amending clause (iii) to read as
follows:
``(iii) The Secretary shall next subtract
from the amount determined under clause (ii)
all funds available to the local educational
agency for current expenditures, but shall not
so subtract funds provided--
``(I) under this Act; or
``(II) by any department or agency
of the Federal Government (other than
the Department) that are used for
capital expenses.''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Special rule.--With respect to payments under
this subsection for a fiscal year for a local
educational agency described in clause (ii) or (iii) of
paragraph (2)(A), the maximum amount of payments under
this subsection shall be equal to--
``(i) the product of--
``(I) the average per-pupil
expenditure in all States multiplied by
0.7, except that such amount may not
exceed 125 percent of the average per-
pupil expenditure in all local
educational agencies in the State;
multiplied by
``(II) the number of students
described in subparagraph (A) or (B) of
subsection (a)(1) for such agency;
minus
``(ii) the amount of payments such agency
receives under subsections (b) and (d) for such
year.''.
(c) Current Year Data.--Paragraph (4) of section 8003(f) of such
Act (20 U.S.C. 7703(f)) is amended to read as follows:
``(4) Current year data.--For purposes of providing
assistance under this subsection the Secretary--
``(A) shall use student and revenue data from the
fiscal year for which the local educational agency is
applying for assistance under this subsection; and
``(B) shall derive the per pupil expenditure amount
for such year for the local educational agency's
comparable school districts by increasing or decreasing
the per pupil expenditure data for the second fiscal
year preceding the fiscal year for which the
determination is made by the same percentage increase
or decrease reflected between the per pupil expenditure
data for the fourth fiscal year preceding the fiscal
year for which the determination is made and the per
pupil expenditure data for such second year.''.
SEC. 388. FUNDING FOR TROOPS TO TEACHERS PROGRAM AND TROOPS TO COPS
PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated under
section 431--
(1) $42,000,000 shall be available for the Troops-to-
Teachers program; and
(2) $10,000,000 shall be available for the Troops-to-Cops
program.
(b) Definition.--In this section:
(1) The term ``Troops-to-Cops program'' means the program
of assistance to separated members and former members of the
Armed Forces to obtain employment with law enforcement agencies
established, or carried out, under section 1152 of title 10,
United States Code.
(2) The term ``Troops-to-Teachers program'' means the
program of assistance to separated members of the Armed Forces
to obtain certification and employment as teachers or
employment as teachers' aides established under section 1151 of
such title.
SEC. 389. AUTHORIZING THE AMOUNTS REQUESTED IN THE BUDGET FOR JUNIOR
ROTC.
(a) There is hereby authorized to be appropriated $12,295,000 to
fully fund the budget request for the Junior Reserve Officer Training
Corps programs of the Army, Navy, Air Force, and Marine Corps. Such
amount is in addition to the amount otherwise available for such
programs under section 301.
(b) The amount authorized to be appropriated by section 101(4) is
hereby reduced by $12,295,000.
SEC. 390. REPORT ON PRIVATE PERFORMANCE OF CERTAIN FUNCTIONS PERFORMED
BY MILITARY AIRCRAFT.
(a) Report Required.--Not later than May 1, 1996, the Secretary of
Defense shall submit to Congress a report on the feasibility, including
the costs and benefits, of using private sources for satisfying, in
whole or in part, the requirements of the Department of Defense for VIP
transportation by air, airlift for other personnel and for cargo, in-
flight refueling of aircraft, and performance of such other military
aircraft functions as the Secretary considers appropriate to discuss in
the report.
(b) Content of Report.--The report shall include a discussion of
the following:
(1) Contracting for the performance of the functions
referred to in subsection (a).
(2) Converting to private ownership and operation the
Department of Defense VIP air fleets, personnel and cargo
aircraft, and in-flight refueling aircraft, and other
Department of Defense aircraft.
(3) The wartime requirements for the various VIP and
transport fleets.
(4) The assumptions used in the cost-benefit analysis.
(5) The effect on military personnel and facilities of
using private sources, as described in paragraphs (1) and (2),
for the purposes described in subsection (a).
SEC. 391. ALLEGANY BALLISTICS LABORATORY.
Of the amount authorized to be appropriated under section 301(2),
$2,000,000 shall be available for the Allegany Ballistics Laboratory
for essential safety functions.
SEC. 392. ENCOURAGEMENT OF USE OF LEASING AUTHORITY.
(a) In General.--(1) Chapter 137 of title 10, United States Code,
is amended by inserting after section 2316 the following new section:
``Sec. 2317. Equipment Leasing
``The Secretary of Defense is authorized to use leasing in the
acquisition of commercial vehicles when such leasing is practicable and
efficient.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2317. Equipment leasing.''.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Defense shall submit a report to the
congressional defense committees setting forth changes in legislation
that would be required to facilitate the use of leases by the
Department of Defense in the acquisition of equipment.
(c) Pilot Program.--The Secretary of the Army may conduct a pilot
program for leasing of commercial utility cargo vehicles as follows:
(1) Existing commercial utility cargo vehicles may be
traded in for credit against new replacement commercial utility
cargo vehicle lease costs;
(2) Quantities of commercial utility cargo vehicles to be
traded in and their value to be credited shall be subject to
negotiation between the parties;
(3) New commercial utility cargo vehicle lease agreements
may be executed with or without options to purchase at the end
of each lease period;
(4) New commercial utility cargo vehicle lease periods may
not exceed five years;
(5) Such leasing pilot program shall consist of replacing
no more than forty percent of the validated requirement for
commercial utility cargo vehicles, but may include an option or
options for the remaining validated requirement which may be
executed subject to the requirements of subsection (c)(7);
(6) The Army shall enter into such pilot program only if
the Secretary--
(A) awards such program in accordance with the
provisions of section 2304 of title 10, United States
Code;
(B) has notified the congressional defense
committees of his plans to execute the pilot program;
(C) has provided a report detailing the expected
savings in operating and support costs from retiring
older commercial utility cargo vehicles compared to the
expected costs of leasing newer commercial utility
cargo vehicles; and
(D) has allowed 30 calendar days to elapse after
such notification.
(7) One year after the date of execution of an initial
leasing contract, the Secretary of the Army shall submit a
report setting forth the status of the pilot program. Such
report shall be based upon at least six months of operating
experience. The Secretary may exercise an option or options for
subsequent commercial utility cargo vehicles only after he has
allowed 60 calendar days to elapse after submitting this
report.
(8) Expiration of Authority.--No lease of commercial
utility cargo vehicles may be entered into under the pilot
program after September 30, 2000.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1996.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1996, as follows:
(1) The Army, 495,000, of which not more than 81,300 may be
commissioned officers.
(2) The Navy, 428,340, of which not more than 58,870 may be
commissioned officers.
(3) The Marine Corps, 174,000, of which not more than
17,978 may be commissioned officers.
(4) The Air Force, 388,200, of which not more than 75,928
may be commissioned officers.
(b) Fiscal Year 1997.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 1997, as follows:
(1) The Army, 495,000, of which not more than 80,312 may be
commissioned officers.
(2) The Navy, 409,740, of which not more than 56,615 may be
commissioned officers.
(3) The Marine Corps, 174,000, of which not more than
17,978 may be commissioned officers.
(4) The Air Force, 385,400, of which not more than 76,494
may be commissioned officers.
SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED END STRENGTH
LIMITATIONS FOR ACTIVE DUTY AIR FORCE AND NAVY OFFICERS
IN CERTAIN GRADES.
(a) Air Force Officers.--(1) In the administration of the
limitation under section 523(a)(1) of title 10, United States Code, for
fiscal years 1996 and 1997, the numbers applicable to officers of the
Air Force serving on active duty in the grades of major, lieutenant
colonel, and colonel shall be the numbers set forth for that fiscal
year in paragraph (2) (rather than the numbers determined in accordance
with the table in that section).
(2) The numbers referred to in paragraph (1) are as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
Major Lieutenant colonel Colonel
----------------------------------------------------------------------------------------------------------------
1996................................................ 15,566 9,876 3,609
1997................................................ 15,645 9,913 3,627
----------------------------------------------------------------------------------------------------------------
(b) Navy Officers.--(1) In the administration of the limitation
under section 523(a)(2) of title 10, United States Code, for fiscal
years 1996 and 1997, the numbers applicable to officers of the Navy
serving on active duty in the grades of lieutenant commander,
commander, and captain shall be the numbers set forth for that fiscal
year in paragraph (2) (rather than the numbers determined in accordance
with the table in that section).
(2) The numbers referred to in paragraph (1) are as follows:
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
1996................................................ 11,924 7,390 3,234
1997................................................ 11,732 7,297 3,188
----------------------------------------------------------------------------------------------------------------
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAITING RETIREMENT NOT TO
BE COUNTED.
(a) Distribution of Officers on Active Duty in General and Flag
Officer Grades.--Section 525 of title 10, United States Code, is
amended by adding at the end the following:
``(d) An officer continuing to hold the grade of general or admiral
under section 601(b)(4) of this title after relief from the position of
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, or
Commandant of the Marine Corps shall not be counted for purposes of
this section.''.
(b) Number of Officers on Active Duty in Grade of General or
Admiral.--Section 528(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) An officer continuing to hold the grade of general or admiral
under section 601(b)(4) of this title after relief from the position of
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, or
Commandant of the Marine Corps shall not be counted for purposes of
this section.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1996.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1996, as follows:
(1) The Army National Guard of the United States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
(5) The Air National Guard of the United States, 112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) Fiscal Year 1997.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 1997, as follows:
(1) The Army National Guard of the United States, 367,000.
(2) The Army Reserve, 215,000.
(3) The Naval Reserve, 96,694.
(4) The Marine Corps Reserve, 42,682.
(5) The Air National Guard of the United States, 107,151.
(6) The Air Force Reserve, 73,160.
(7) The Coast Guard Reserve, 8,000.
(c) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) or subsection (b) by not more
than 2 percent.
(d) Adjustments.--The end strengths prescribed by subsection (a) or
(b) for the Selected Reserve of any reserve component for a fiscal year
shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
(a) Fiscal Year 1996.--Within the end strengths prescribed in
section 411(a), the reserve components of the Armed Forces are
authorized, as of September 30, 1996, the following number of Reserves
to be serving on full-time active duty or, in the case of members of
the National Guard, full-time National Guard duty for the purpose of
organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,066.
(6) The Air Force Reserve, 628.
(b) Fiscal Year 1997.--Within the end strengths prescribed in
section 411(b), the reserve components of the Armed Forces are
authorized, as of September 30, 1997, the following number of Reserves
to be serving on full-time active duty or, in the case of members of
the National Guard, full-time National Guard duty for the purpose of
organizing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United States, 23,040.
(2) The Army Reserve, 11,550.
(3) The Naval Reserve, 17,171.
(4) The Marine Corps Reserve, 2,976.
(5) The Air National Guard of the United States, 9,824.
(6) The Air Force Reserve, 625.
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
SERVE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table at the end of section 12011(a) of title
10, United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 643 140
Lieutenant Colonel or Commander..... 1,524 520 672 90
Colonel or Navy Captain............. 412 188 274 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table at the end of section
12012(a) of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 603 202 366 20
E-8................................. 2,585 429 890 94''.
------------------------------------------------------------------------
SEC. 414. RESERVES ON ACTIVE DUTY IN SUPPORT OF COOPERATIVE THREAT
REDUCTION PROGRAMS NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is amended by
adding at the end the following:
``(8) Members of the Selected Reserve of the Ready Reserve
on active duty for more that 180 days to support programs
described in section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 107
Stat. 1778; 22 U.S.C. 5952(b)).''.
SEC. 415. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-MILITARY CONTACTS AND
COMPARABLE ACTIVITIES NOT TO BE COUNTED.
Section 168 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Active Duty End Strengths.--(1) A member of a reserve
component referred to in paragraph (2) shall not be counted for
purposes of the following personnel strength limitations:
``(A) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal year
in which the member carries out the activities referred to in
paragraph (2).
``(B) The authorized daily average for members in pay
grades E-8 and E-9 under section 517 of this title for the
calendar year in which the member carries out such activities.
``(C) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which
the member carries out such activities.
``(2) A member of a reserve component referred to in paragraph (1)
is any member on active duty under an order to active duty for 180 days
or more who is engaged in activities authorized under this section.''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) Fiscal Year 1996.--For fiscal year 1996, the Armed Forces are
authorized average military training student loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Fiscal Year 1997.--For fiscal year 1997, the Armed Forces are
authorized average military training student loads as follows:
(1) The Army, 79,275.
(2) The Navy, 44,121.
(3) The Marine Corps, 27,255.
(4) The Air Force, 35,522.
(c) Scope.--The average military training student load authorized
for an armed force for a fiscal year under subsection (a) or (b)
applies to the active and reserve components of that armed force for
that fiscal year.
(d) Adjustments.--The average military training student load
authorized for a fiscal year in subsection (a) or (b) shall be adjusted
consistent with the end strengths authorized for that fiscal year in
subtitles A and B. The Secretary of Defense shall prescribe the manner
in which such adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1996 a total of
$68,896,863,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1996.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) Critical Joint Duty Assignment Positions.--Section 661(d)(2)(A)
of title 10, United States Code, is amended by striking out ``1,000''
and inserting in lieu thereof ``500''.
(b) Additional Qualifying Joint Service.--Section 664 of such title
is amended by adding at the end the following:
``(i) Joint Duty Credit for Certain Joint Task Force Assignments.--
(1) The Secretary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, may credit an officer with having completed a
full tour of duty in a joint duty assignment upon the officer's
completion of service described in paragraph (2) or may grant credit
for such service for purposes of determining the cumulative service of
the officer in joint duty assignments. The credit for such service may
be granted without regard to the length of the service (except as
provided in regulations pursuant to subparagraphs (A) and (B) of
paragraph (4)) and without regard to whether the assignment in which
the service was performed is a joint duty assignment as defined in
regulations pursuant to section 668 of this title.
``(2) Service performed by an officer in a temporary assignment on
a joint task force or a multinational force headquarters staff may be
considered for credit under paragraph (1) if--
``(A) the Secretary of Defense determines that the service
in that assignment provided significant experience in joint
matters;
``(B) any portion of the service in that assignment was
performed on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996; and
``(C) the officer is recommended for such credit by the
Chief of Staff of the Army (for an officer in the Army), the
Chief of Naval Operations (for an officer in the Navy), the
Chief of Staff of the Air Force (for an officer in the Air
Force), or the Commandant of the Marine Corps (for an officer
in the Marine Corps).
``(3) Credit shall be granted under paragraph (1) on a case-by-case
basis.
``(4) The Secretary of Defense shall prescribe uniform criteria for
determining whether to grant an officer credit under paragraph (1). The
criteria shall include the following:
``(A) For an officer to be credited as having completed a
full tour of duty in a joint duty assignment, the officer
accumulated at least 24 months of service in a temporary
assignment referred to in paragraph (2).
``(B) For an officer to be credited with service in a joint
duty assignment for purposes of determining cumulative service
in joint duty assignments, the officer accumulated at least 30
consecutive days of service or 60 days of total service in a
temporary assignment referred to in paragraph (2).
``(C) The service was performed in support of a mission
that was directed by the President or was assigned by the
President to United States forces in the joint task force or
multinational force involved.
``(D) The joint task force or multinational force involved
was constituted or designated by the Secretary of Defense, by a
commander of a combatant command or of another force, or by a
multinational or United Nations command authority.
``(E) The joint task force or multinational force involved
conducted military combat or combat-related operations or
military operations other than war in a unified action under
joint, multinational, or United Nations command and control.
``(5) Officers for whom joint duty credit is granted pursuant to
this subsection shall not be taken into account for the purposes of
section 661(d)(1) of this title, subsections (a)(3) and (b) of section
662 of this title, section 664(a) of this title, or paragraph (7), (8),
(9), (11), or (12) of section 667 of this title.
``(6) In the case of an officer credited with having completed a
full tour of duty in a joint duty assignment pursuant to this
subsection, the Secretary of Defense may waive the requirement in
paragraph (1)(B) of section 661(c) of this title that the tour of duty
in a joint duty assignment be performed after the officer completes a
program of education referred to in paragraph (1)(A) of that
section.''.
(c) Information in Annual Report.--Section 667 of such title is
amended--
(1) by redesignating paragraph (18) as paragraph (19); and
(2) by inserting after paragraph (17) the following new
paragraph (18):
``(18) The number of officers granted credit for service in
joint duty assignments under section 664(i) of this title and--
``(A) of those officers--
``(i) the number of officers credited with
having completed a tour of duty in a joint duty
assignment; and
``(ii) the number of officers granted
credit for purposes of determining cumulative
service in joint duty assignments; and
``(B) the identity of each operation for which an
officer has been granted credit pursuant to section
664(i) of this title and a brief description of the
mission of the operation.''.
(d) General and Flag Officer Exemption From Waiver Limits.--Section
661(c)(3)(D) of such title is amended by inserting ``, other than for
general or flag officers,'' in the third sentence after ``during any
fiscal year''.
(e) Length of Second Joint Tour.--Section 664 of such title is
amended--
(1) in subsection (e)(2), by inserting after subparagraph
(B) the following:
``(C) Service described in subsection (f)(6), except that
no more than 10 percent of all joint duty assignments shown on
the list published pursuant to section 668(b)(2)(A) of this
title may be so excluded in any year.''; and
(2) in subsection (f)--
(A) by striking out ``or'' at the end of paragraph
(4);
(B) by striking out the period at the end of
paragraph (5) and inserting in lieu thereof ``; or'';
and
(C) by adding at the end the following:
``(6) a second joint duty assignment that is less than the
period required under subsection (a), but not less than 2
years, without regard to whether a waiver was granted for such
assignment under subsection (b).''.
SEC. 502. REVISION OF SERVICE OBLIGATION FOR GRADUATES OF THE SERVICE
ACADEMIES.
(a) Military Academy.--Section 4348(a)(2)(B) of such title is
amended by striking out ``six years'' and inserting in lieu thereof
``five years''.
(b) Naval Academy.--Section 6959(a)(2)(B) of such title is amended
by striking out ``six years'' and inserting in lieu thereof ``five
years''.
(c) Air Force Academy.--Section 9348(a)(2)(B) of such title is
amended by striking out ``six years'' and inserting in lieu thereof
``five years''.
(d) Requirement for Review and Report.--Not later than April 1,
1996, the Secretary of Defense shall--
(1) review the effects that each of various periods of
obligated active duty service for graduates of the United
States Military Academy, the United States Naval Academy, and
the United States Air Force Academy would have on the number
and quality of the eligible and qualified applicants seeking
appointment to such academies; and
(2) submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the Secretary's findings together
with any recommended legislation regarding the minimum periods
of obligated active duty service for graduates of the United
States Military Academy, the United States Naval Academy, and
the United States Air Force Academy.
(e) Effective Date.--(1) The amendments made by this section shall
apply to persons who are first admitted to military service academies
after December 31, 1991.
(2) Section 511(e) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1439; 10
U.S.C. 2114 note) is amended--
(A) by striking out ``amendments made by this section'' and
inserting in lieu thereof ``amendment made by subsection (a)'';
and
(B) by striking out ``or one of the service academies''.
SEC. 503. QUALIFICATIONS FOR APPOINTMENT AS SURGEON GENERAL OF AN ARMED
FORCE.
(a) Surgeon General of the Army.--Section 3036 of title 10, United
States Code, is amended--
(1) in subsection (b), by inserting after the third
sentence the following: ``The Surgeon General shall be
appointed as prescribed in subsection (f).''; and
(2) by adding at the end the following new subsection (f):
``(f) The President shall appoint the Surgeon General from among
commissioned officers in any corps of the Army Medical Department who
are educationally and professionally qualified to furnish health care
to other persons, including doctors of medicine, dentistry, and
osteopathy, nurses, and clinical psychologists.''.
(b) Surgeon General of the Navy.--Section 5137 of title 10, United
States Code, is amended--
(1) in the first sentence of subsection (a), by striking
out ``in the Medical Corps'' and inserting in lieu thereof
``who are educationally and professionally qualified to furnish
health care to other persons, including doctors of medicine,
dentistry, and osteopathy, nurses, and clinical
psychologists''; and
(2) in subsection (b), by striking out ``in the Medical
Corps'' and inserting in lieu thereof ``who is qualified to be
the Chief of the Bureau of Medicine and Surgery''.
(c) Surgeon General of the Air Force.--The first sentence of
section 8036 of title 10, United States Code, is amended by striking
out ``designated as medical officers under section 8067(a) of this
title'' and inserting in lieu thereof ``educationally and
professionally qualified to furnish health care to other persons,
including doctors of medicine, dentistry, and osteopathy, nurses, and
clinical psychologists''.
SEC. 504. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR FORCE.
(a) Tenure and Grade of Deputy Judge Advocate General.--Section
8037(d)(1) of such title is amended--
(1) by striking out ``two years'' in the second sentence
and inserting in lieu thereof ``four years'', and
(2) by striking out the last sentence and inserting in lieu
thereof the following: ``An officer appointed as Deputy Judge
Advocate General who holds a lower regular grade shall be
appointed in the regular grade of major general.''.
(b) Savings Provision.--The amendments made by this section shall
not apply to a person serving pursuant to appointment in the position
of Deputy Judge Advocate General of the Air Force while such person is
serving the term for which the person was appointed to such position
before the date of the enactment of this Act and any extension of such
term.
SEC. 505. RETIRING GENERAL AND FLAG OFFICERS: APPLICABILITY OF UNIFORM
CRITERIA AND PROCEDURES FOR RETIRING IN HIGHEST GRADE IN
WHICH SERVED.
(a) Applicability of Time-in-Grade Requirements.--Section 1370 of
title 10, United States Code, is amended--
(1) in subsection (a)(2)(A), by striking out ``and below
lieutenant general or vice admiral''; and
(2) in the first sentence of subsection (d)(2)(B), as added
by section 1641 of the Reserve Officer Personnel Management Act
(title XVI of Public Law 103-337; 108 Stat. 2968), by striking
out ``and below lieutenant general or vice admiral''.
(b) Retirement in Highest Grade Upon Certification of Satisfactory
Service.--Section 1370(c) of title 10, United States Code, is amended--
(1) by striking out ``Upon retirement an officer'' and
inserting in lieu thereof ``An officer''; and
(2) by striking out ``may, in the discretion'' and all that
follows and inserting in lieu thereof ``may be retired in the
higher grade under subsection (a) only after the Secretary of
Defense certifies in writing to the President and the Senate
that the officer served on active duty satisfactorily in that
grade. The 3-year time-in-grade requirement in paragraph (2)(A)
of subsection (a) may not be reduced or waived under such
subsection in the case of such an officer while the officer is
under investigation for alleged misconduct or while disposition
of an adverse personnel action is pending against the officer
for alleged misconduct.''.
(c) Conforming Amendments.--Sections 3962(a), 5034, and 8962(a) of
title 10, United States Code, are repealed.
(d) Technical and Clerical Amendments.--(1) Sections 3962(b) and
8962(b) of such title are amended by striking out ``(b) Upon'' and
inserting in lieu thereof ``Upon''.
(2) The table of sections at the beginning of chapter 505 of such
title is amended by striking out the item relating to section 5034.
(e) Effective Date for Amendments to Provision Taking Effect in
1996.--The amendment made by subsection (a)(2) shall take effect on
October 1, 1996, immediately after subsection (d) of section 1370 of
title 10, United States Code, takes effect under section 1691(b)(1) of
the Reserve Officer Personnel Management Act (108 Stat. 3026).
SEC. 506. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve Medical
Officers.--Section 3359(b) and 8359(b) of title 10, United States Code,
are each amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``September 30, 1996''.
(b) Promotion Authority for Certain Reserve Officers Serving on
Active Duty.--Sections 3380(d) and 8380(d) of title 10, United States
Code, are each amended by striking out ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''.
(c) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense Authorization
Act, 1984 (10 U.S.C. 3360) is amended by striking out ``September 30,
1995'' and inserting in lieu thereof ``September 30, 1996''.
SEC. 507. RESTRICTIONS ON WEARING INSIGNIA FOR HIGHER GRADE BEFORE
PROMOTION.
(a) Active-Duty List.--(1) Subchapter II of chapter 36 of title 10,
United States Code, is amended by inserting after section 624 the
following:
``Sec. 624a. Restrictions on frocking
``(a) Restrictions.--An officer may not be frocked to a grade
unless--
``(1) the Senate has confirmed by advice and consent a
nomination of the officer for promotion to that grade; and
``(2) the officer is serving in, or has been ordered to, a
position for which that grade is authorized.
``(b) Benefits Not To Accrue.--(1) An officer frocked to a grade
may not, on the basis of the frocking--
``(A) be paid the rate of pay provided for an officer in
that grade having the same number of years of service as the
frocked officer; or
``(B) assume any legal authority associated with that
grade.
``(2) The period for which an officer is frocked to a grade may not
be taken into account for any of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(c) Numbers of Active-Duty List Officers Frocked to Grade O-7.--
The number of officers on the active-duty list who are authorized by
frocking to wear the insignia for the grade of brigadier general or, in
the Navy, rear admiral (lower half) may not exceed 35.
``(d) Numbers of Active-Duty List Officers Frocked To Grades O-4,
O-5, and O-6.--The number of officers of an armed force on the active-
duty list who are authorized by frocking to wear the insignia for a
grade to which a limitation on total number applies under section
523(a) of this title for a fiscal year may not exceed one percent of
the total number provided for the officers in that grade in that armed
force in the administration of the limitation under such section 523(a)
for such fiscal year.
``(e) Definition.--In this section, the term `frock', with respect
to an officer, means to authorize the officer to wear the insignia of a
higher grade before being promoted to that grade.''.
(2) The table of sections at the beginning of subchapter II of
chapter 36 of such title is amended by inserting after the item
relating to section 624 the following:
``624a. Restrictions on frocking.''.
(b) Temporary Variation of Limitations on Numbers of Frocked
Officers.--(1) In the administration of section 624a(c) of title 10,
United States Code (as added by subsection (a)), for fiscal years 1996
and 1997, the maximum number applicable to officers on the active-duty
list who are authorized by frocking to wear the insignia for the grade
of brigadier general or, in the Navy, rear admiral (lower half) is as
follows:
(A) During fiscal year 1996, 75 officers.
(B) During fiscal year 1997, 55 officers.
(2) In the administration of section 624a(d) of title 10, United
States Code (as added by subsection (a)), for fiscal year 1996, the
percent limitation applied under that section shall be two percent
instead of one percent.
(c) Definition.--In this section, the term `frock', with respect to
an officer, means to authorize the officer to wear the insignia of a
higher grade before being promoted to that grade.
SEC. 508. DIRECTOR OF ADMISSIONS, UNITED STATES MILITARY ACADEMY:
RETIREMENT FOR YEARS OF SERVICE.
(a) Authority To Direct Retirement.--Section 3920 of title 10,
United States Code, is amended to read as follows:
``Sec. 3920. More than thirty years: permanent professors and the
Director of Admissions of United States Military Academy
``(a) Authority To Direct Retirement.--The Secretary of the Army
may retire any of the personnel of the United States Military Academy
described in subsection (b) who has more than 30 years of service as a
commissioned officer.
``(b) Applicability.--The authority under subsection (a) may be
exercised in the case of the following personnel:
``(1) A permanent professor.
``(2) The Director of Admissions.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 367 of such title is
amended to read as follows:
``3920. More than thirty years: permanent professors and the Director
of Admissions of United States Military
Academy.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. MOBILIZATION INCOME INSURANCE PROGRAM FOR MEMBERS OF READY
RESERVE.
(a) Establishment of Program.--(1) Subtitle E of title 10, United
States Code, is amended by inserting after chapter 1213 the following
new chapter:
``CHAPTER 1214--READY RESERVE INCOME INSURANCE
``Sec.
``12521. Definitions.
``12522. Establishment of insurance program.
``12523. Risk insured.
``12524. Enrollment and election of benefits.
``12525. Benefit amounts.
``12526. Premiums.
``12527. Payment of premiums.
``12528. Department of Defense Ready Reserve Income Insurance Fund.
``12529. Board of Actuaries.
``12530. Payment of benefits.
``12531. Purchase of insurance.
``12532. Termination for nonpayment of premiums; forfeiture.
``Sec. 12521. Definitions
``In this chapter:
``(1) The term `insurance program' means the Department of
Defense Ready Reserve Income Insurance Program established
under section 12522 of this title.
``(2) The term `covered service' means active duty
performed by a member of a reserve component under an order to
active duty for a period of more than 30 days which specifies
that the member's service--
``(A) is in support of an operational mission for
which members of the reserve components have been
ordered to active duty without their consent; or
``(B) is in support of forces activated during a
period of war declared by Congress or a period of
national emergency declared by the President or
Congress.
``(3) The term `insured member' means a member of the Ready
Reserve who is enrolled for coverage under the insurance
program in accordance with section 12524 of this title.
``(4) The term `Secretary' means the Secretary of Defense.
``(5) The term `Department' means the Department of
Defense.
``(6) The term `Board of Actuaries' means the Department of
Defense Education Benefits Board of Actuaries referred to in
section 2006(e)(1) of this title.
``(7) The term `Fund' means the Department of Defense Ready
Reserve Income Insurance Fund established by section 12528(a)
of this title.
``Sec. 12522. Establishment of insurance program
``(a) Establishment.--The Secretary shall establish for members of
the Ready Reserve an insurance program to be known as the `Department
of Defense Ready Reserve Income Insurance Program'.
``(b) Administration.--The insurance program shall be administered
by the Secretary. The Secretary may prescribe in regulations such
rules, procedures, and policies as the Secretary considers necessary or
appropriate to carry out the insurance program.
``Sec. 12523. Risk insured
``(a) In General.--The insurance program shall insure members of
the Ready Reserve against the risk of being ordered into covered
service.
``(b) Entitlement to Benefits.--(1) An insured member ordered into
covered service shall be entitled to payment of a benefit for each
month (and fraction thereof) of covered service that exceeds 30 days of
covered service, except that no member may be paid under the insurance
program for more than 12 months of covered service served during any
period of 18 consecutive months.
``(2) Payment shall be based solely on the insured status of a
member and on the period of covered service served by the member. Proof
of loss of income or of expenses incurred as a result of covered
service may not be required.
``Sec. 12524. Enrollment and election of benefits
``(a) Enrollment.--(1) Except as provided in subsection (f), upon
first becoming a member of the Ready Reserve, a member shall be
automatically enrolled for coverage under the insurance program. An
automatic enrollment of a member shall be void if within 30 days after
first becoming a member of the Ready Reserve the member declines
insurance under the program in accordance with the regulations
prescribed by the Secretary.
``(2) Promptly after the insurance program is established, the
Secretary shall offer to members of the reserve components who are then
members of the Ready Reserve (other than members ineligible under
subsection (f)) an opportunity to enroll for coverage under the
insurance program. A member who fails to enroll within 30 days after
being offered the opportunity shall be considered as having declined to
be insured under the program.
``(3) A member of the Ready Reserve ineligible to enroll under
subsection (f) shall be afforded an opportunity to enroll upon being
released from active duty if the member has not previously had the
opportunity to be enrolled under paragraph (1) or (2). A member who
fails to enroll within 30 days after being afforded that opportunity
shall be considered as having declined to be insured under the program.
``(b) Election of Benefit Amount.--The amount of a member's monthly
benefit under an enrollment shall be the basic benefit under subsection
(a) of section 12525 of this title unless the member elects a different
benefit under subsection (b) of such section within 30 days after first
becoming a member of the Ready Reserve or within 30 days after being
offered the opportunity to enroll, as the case may be.
``(c) Elections Irrevocable.--(1) An election to decline insurance
pursuant to paragraph (1) or (2) of subsection (a) is irrevocable.
``(2) Subject to subsection (d), the amount of coverage may not be
changed after enrollment.
``(d) Election To Terminate.--A member may terminate an enrollment
at any time.
``(e) Information To Be Furnished.--The Secretary shall ensure that
members referred to in subsection (a) are given a written explanation
of the insurance program and are advised that they have the right to
decline to be insured and, if not declined, to elect coverage for a
reduced benefit or an enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready Reserve
serving on active duty (or full-time National Guard duty) are not
eligible to enroll for coverage under the insurance program. The
Secretary may define any additional category of members of the Ready
Reserve to be excluded from eligibility to purchase insurance under
this chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured member under
the insurance program is $1,000 per month (as adjusted under subsection
(d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage under the
insurance program may elect--
``(1) a reduced coverage benefit equal to one-half the
amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500, $2,000,
$2,500, $3,000, $3,500, $4,000, $4,500, or $5,000 per month (as
adjusted under subsection (d)).
``(c) Amount for Partial Month.--The amount of insurance payable to
an insured member for any period of covered service that is less than
one month shall be determined by multiplying \1/30\ of the monthly
benefit rate for the member by the number of days of the covered
service served by the member during such period.
``(d) Adjustment of Amounts.--(1) The Secretary shall determine
annually the effect of inflation on benefits and shall adjust the
amounts set forth in subsections (a) and (b)(2) to maintain the
constant dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under paragraph (1) is
not evenly divisible by $10, the amount shall be rounded to the nearest
multiple of $10, except that an amount evenly divisible by $5 but not
by $10 shall be rounded to the next lower amount that is evenly
divisible by $10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in consultation
with the Board of Actuaries, shall prescribe the premium rates for
insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate for each
$1,000 of monthly insurance benefit. The premium amount shall be equal
to the share of the cost attributable to insuring the member and shall
be the same for all members of the Ready Reserve who are insured under
the insurance program for the same benefit amount. The Secretary shall
prescribe the rate on the basis of the best available estimate of risk
and financial exposure, levels of subscription by members, and other
relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the first
year of insurance coverage of an insured member shall be continued
without change for subsequent years of insurance coverage, except that
the Secretary, after consultation with the Board of Actuaries, may
adjust the premium rate in order to fund inflation-adjusted benefit
increases on an actuarially sound basis.
``Sec. 12527. Payment of premiums
``(a) Methods of Payment.--(1) The monthly premium for coverage of
a member under the insurance program shall be deducted and withheld
from the insured member's basic pay for inactive duty training each
month.
``(2) An insured member who does not receive pay on a monthly basis
shall pay the Secretary directly the premium amount applicable for the
level of benefits for which the member is insured.
``(b) Advance Pay for Premium.--The Secretary concerned may advance
to an insured member the amount equal to the first insurance premium
payment due under this chapter. The advance may be paid out of
appropriations for military pay. An advance to a member shall be
collected from the member either by deducting and withholding the
amount from basic pay payable for the member or by collecting it from
the member directly. No disbursing or certifying officer shall be
responsible for any loss resulting from an advance under this
subsection.
``(c) Premiums To Be Deposited in Fund.--Premium amounts deducted
and withheld from the basic pay of insured members and premium amounts
paid directly to the Secretary shall be credited to the Fund.
``Sec. 12528. Department of Defense Ready Reserve Income Insurance Fund
``(a) Establishment.--There is established on the books of the
Treasury a fund to be known as the `Department of Defense Ready Reserve
Income Insurance Fund', which shall be administered by the Secretary of
the Treasury. The Fund shall be used for the accumulation of funds in
order to finance the liabilities of the insurance program on an
actuarially sound basis.
``(b) Assets of Fund.--There shall be deposited into the Fund the
following:
``(1) Premiums paid under section 12527 of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``(c) Availability.--Amounts in the Fund shall be available for
paying insurance benefits under the insurance program.
``(d) Investment of Assets of Fund.--The Secretary of the Treasury
shall invest such portion of the Fund as is not in the judgment of the
Secretary of Defense required to meet current liabilities. Such
investments shall be in public debt securities with maturities suitable
to the needs of the Fund, as determined by the Secretary of Defense,
and bearing interest at rates determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturities. The income on such investments shall be credited to the
Fund.
``(e) Annual Accounting.--At the beginning of each fiscal year, the
Secretary, in consultation with the Board of Actuaries and the
Secretary of the Treasury, shall determine the following:
``(1) The projected amount of the premiums to be collected,
investment earnings to be received, and any transfers or
appropriations to be made for the Fund for that fiscal year.
``(2) The amount for that fiscal year of any cumulative
unfunded liability (including any negative amount or any gain
to the Fund) resulting from payments of benefits.
``(3) The amount for that fiscal year (including any
negative amount) of any cumulative actuarial gain or loss to
the Fund.
``Sec. 12529. Board of Actuaries
``(a) Actuarial Responsibility.--The Board of Actuaries shall have
the actuarial responsibility for the insurance program.
``(b) Valuations and Premium Recommendations.--The Board of
Actuaries shall carry out periodic actuarial valuations of the benefits
under the insurance program and determine a premium rate methodology
for the Secretary to use in setting premium rates for the insurance
program. The Board shall conduct the first valuation and determine a
premium rate methodology not later than six months after the insurance
program is established.
``(c) Effects of Changed Benefits.--If at the time of any actuarial
valuation under subsection (b) there has been a change in benefits
under the insurance program that has been made since the last such
valuation and such change in benefits increases or decreases the
present value of amounts payable from the Fund, the Board of Actuaries
shall determine a premium rate methodology, and recommend to the
Secretary a premium schedule, for the liquidation of any liability (or
actuarial gain to the Fund) resulting from such change and any previous
such changes so that the present value of the sum of the scheduled
premium payments (or reduction in payments that would otherwise be
made) equals the cumulative increase (or decrease) in the present value
of such benefits.
``(d) Actuarial Gains or Losses.--If at the time of any such
valuation the Board of Actuaries determines that there has been an
actuarial gain or loss to the Fund as a result of changes in actuarial
assumptions since the last valuation or as a result of any differences,
between actual and expected experience since the last valuation, the
Board shall recommend to the Secretary a premium rate schedule for the
amortization of the cumulative gain or loss to the Fund resulting from
such changes in assumptions and any previous such changes in
assumptions or from the differences in actual and expected experience,
respectively, through an increase or decrease in the payments that
would otherwise be made to the Fund.
``(e) Insufficient Assets.--If at any time liabilities of the Fund
exceed assets of the Fund as a result of members of the Ready Reserve
being ordered to active duty as described in section 12521(2) of this
title, and funds are unavailable to pay benefits completely, the
Secretary shall request the President to submit to Congress a request
for a special appropriation to cover the unfunded liability. If
appropriations are not made to cover an unfunded liability in any
fiscal year, the Secretary shall reduce the amount of the benefits paid
under the insurance program to a total amount that does not exceed the
assets of the Fund expected to accrue by the end of such fiscal year.
Benefits that cannot be paid because of such a reduction shall be
deferred and may be paid only after and to the extent that additional
funds become available.
``(f) Definition of Present Value.--The Board of Actuaries shall
define the term `present value' for purposes of this subsection.
``Sec. 12530. Payment of benefits
``(a) Commencement of Payment.--An insured member who serves in
excess of 30 days of covered service shall be paid the amount to which
such member is entitled on a monthly basis beginning not later than one
month after the 30th day of covered service.
``(b) Method of Payment.--The Secretary shall prescribe in the
regulations the manner in which payments shall be made to the member or
to a person designated in accordance with subsection (c).
``(c) Designated Recipients.--(1) A member may designate in writing
another person (including a spouse, parent, or other person with an
insurable interest, as determined in accordance with the regulations
prescribed by the Secretary) to receive payments of insurance benefits
under the insurance program.
``(2) A member may direct that payments of insurance benefits for a
person designated under paragraph (1) be deposited with a bank or other
financial institution to the credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any
insurance payable under the insurance program on account of a deceased
member's period of covered service shall be paid, upon the
establishment of a valid claim, to the beneficiary or beneficiaries
which the deceased member designated in writing. If no such designation
has been made, the amount shall be payable in accordance with the laws
of the State of the member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of or in
addition to underwriting the insurance program through the Fund,
purchase from one or more insurance companies a policy or policies of
group insurance in order to provide the benefits required under this
chapter. The Secretary may waive any requirement for full and open
competition in order to purchase an insurance policy under this
subsection.
``(b) Eligible Insurers.--In order to be eligible to sell insurance
to the Secretary for purposes of subsection (a), an insurance company
shall--
``(1) be licensed to issue insurance in each of the 50
States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in effect at
least one percent of the total amount of insurance that all
such insurance companies have in effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company that
issues a policy for purposes of subsection (a) shall establish an
administrative office at a place and under a name designated by the
Secretary.
``(2) For the purposes of carrying out this chapter, the Secretary
may use the facilities and services of any insurance company issuing
any policy for purposes of subsection (a), may designate one such
company as the representative of the other companies for such purposes,
and may contract to pay a reasonable fee to the designated company for
its services.
``(d) Reinsurance.--The Secretary shall arrange with each insurance
company issuing any policy for purposes of subsection (a) to reinsure,
under conditions approved by the Secretary, portions of the total
amount of the insurance under such policy or policies with such other
insurance companies (which meet qualifying criteria prescribed by the
Secretary) as may elect to participate in such reinsurance.
``(e) Termination.--The Secretary may at any time terminate any
policy purchased under this section.
``Sec. 12532. Termination for nonpayment of premiums; forfeiture
``(a) Termination for Nonpayment.--The coverage of a member under
the insurance program shall terminate without prior notice upon a
failure of the member to make required monthly payments of premiums for
two consecutive months. The Secretary may provide in the regulations
for reinstatement of insurance coverage terminated under this
subsection.
``(b) Forfeiture.--Any person convicted of mutiny, treason, spying,
or desertion, or who refuses to perform service in the armed forces or
refuses to wear the uniform of any of the armed forces shall forfeit
all rights to insurance under this chapter.''.
(2) The tables of chapters at the beginning of subtitle E, and at
the beginning of part II of subtitle E, of title 10, United States
Code, are amended by inserting after the item relating to chapter 1213
the following new item:
``1214. Ready Reserve Income Insurance...................... 12521''.
(b) Effective Date.--The insurance program provided for in chapter
1214 of title 10, United States Code, as added by subsection (a), and
the requirement for deductions and contributions for that program shall
take effect on September 30, 1996, or on any earlier date declared by
the Secretary and published in the Federal Register.
SEC. 512. ELIGIBILITY OF DENTISTS TO RECEIVE ASSISTANCE UNDER THE
FINANCIAL ASSISTANCE PROGRAM FOR HEALTH CARE
PROFESSIONALS IN RESERVE COMPONENTS.
Section 16201(b) of title 10, United States Code, is amended--
(1) by striking out ``(b) Physicians in Critical
Specialties.--'' and inserting in lieu thereof ``(b) Physicians
and Dentists in Critical Specialties.--'';
(2) in paragraph (1)--
(A) by inserting ``or dental school'' in
subparagraph (A) after ``medical school'';
(B) by inserting ``or as a dental officer'' in
subparagraph (B) after ``medical officer''; and
(C) by striking out ``physicians in a medical
specialty designated'' and inserting in lieu thereof
``physicians or dentists in a medical specialty or
dental specialty, respectively, that is designated'';
and
(3) in paragraph (2)(B), by inserting ``or dental officer''
after ``medical officer''.
SEC. 513. LEAVE FOR MEMBERS OF RESERVE COMPONENTS PERFORMING PUBLIC
SAFETY DUTY.
(a) Election of Leave To Be Charged.--Subsection (b) of section
6323 of title 5, United States Code, is amended by adding at the end
the following: ``Upon the request of an employee, the period for which
an employee is absent to perform service described in paragraph (2) may
be charged to the employee's accrued annual leave or to compensatory
time available to the employee instead of being charged as leave to
which the employee is entitled under this subsection. The period of
absence may not be charged to sick leave.''.
(b) Pay for Period of Absence.--Section 5519 of such title is
amended by striking out ``entitled to leave'' and inserting in lieu
thereof ``granted military leave''.
Subtitle C--Uniform Code of Military Justice
SEC. 521. REFERENCES TO UNIFORM CODE OF MILITARY JUSTICE.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice).
SEC. 522. DEFINITIONS.
Section 801 (article 1) is amended by inserting after paragraph
(14) the following new paragraphs:
``(15) The term `classified information' means any
information or material that has been determined by an official
of the United States pursuant to law, an Executive order, or
regulation to require protection against unauthorized
disclosure for reasons of national security, and any restricted
data, as defined in section 11(y) of the Atomic Energy Act of
1954 (42 U.S.C. 2014(y)).
``(16) The term `national security' means the national
defense and foreign relations of the United States.''.
SEC. 523. ARTICLE 32 INVESTIGATIONS.
Section 832 (article 32) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) If evidence adduced in an investigation under this article
indicates that the accused committed an uncharged offense, the
investigating officer is authorized to investigate the subject matter
of such offense without the accused having first been charged with the
offense. If the accused was present at such investigation, was informed
of the nature of each uncharged offense investigated, and was afforded
the opportunities for representation, cross-examination, and
presentation prescribed in subsection (b), no further investigation of
such offense or offenses is necessary under this article.''.
SEC. 524. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.
Section 847(b) (article 47(b)) is amended--
(1) by inserting ``indictment or'' in the first sentence
after ``shall be tried on''; and
(2) in the second sentence, by striking out ``shall be''
and all that follows and inserting in lieu thereof ``shall be
fined or imprisoned, or both, at the court's discretion.''.
SEC. 525. COMMITMENT OF ACCUSED TO TREATMENT FACILITY BY REASON OF LACK
OF MENTAL CAPACITY OR MENTAL RESPONSIBILITY.
(a) Applicable Procedures.--(1) Chapter 47 is amended by inserting
after section 850a (article 50a) the following:
``Sec. 850b. Art. 50b. Lack of mental capacity or mental
responsibility: commitment of accused for examination and
treatment
``(a) Persons Incompetent To Stand Trial.--(1) In the case of a
person determined under this chapter to be presently suffering from a
mental disease or defect rendering the person mentally incompetent to
the extent that the person is unable to understand the nature of the
proceedings against that person or to conduct or cooperate
intelligently in the defense of the case, the general court-martial
convening authority for that person shall commit the person to the
custody of the Attorney General.
``(2) The Attorney General shall take action in accordance with
section 4241(d) of title 18.
``(3) If at the end of the period for hospitalization provided for
in section 4241(d) of title 18, it is determined that the committed
person's mental condition has not so improved as to permit the trial to
proceed, action shall be taken in accordance with section 4246 of such
title.
``(4)(A) When the director of a facility in which a person is
hospitalized pursuant to paragraph (2) determines that the person has
recovered to such an extent that the person is able to understand the
nature of the proceedings against the person and to conduct or
cooperate intelligently in the defense of the case, the director shall
promptly transmit a notification of that determination to the Attorney
General and to the general court-martial convening authority for the
person. The director shall send a copy of the notification to the
person's counsel.
``(B) Upon receipt of a notification, the general court-martial
convening authority shall promptly take custody of the person unless
the person covered by the notification is no longer subject to this
chapter. If the person is no longer subject to this chapter, the
Attorney General shall take any action within the authority of the
Attorney General that the Attorney General considers appropriate
regarding the person.
``(C) The director of the facility may retain custody of the person
for not more than 30 days after transmitting the notifications required
by subparagraph (A).
``(5) In the application of section 4246 of title 18 to a case
under this subsection, references to the court that ordered the
commitment of a person, and to the clerk of such court, shall be deemed
to refer to the general court-martial convening authority for that
person. However, if the person is no longer subject to this chapter at
a time relevant to the application of such section to the person, the
United States district court for the district where the person is
hospitalized or otherwise may be found shall be considered as the court
that ordered the commitment of the person.
``(b) Persons Found Not Guilty by Reason of Lack of Mental
Responsibility.--(1) If a person is found by a court-martial not guilty
only by reason of lack of mental responsibility, the person shall be
committed to a suitable facility until the person is eligible for
release in accordance with this section.
``(2) The court-martial shall conduct a hearing on the mental
condition in accordance with subsection (c) of section 4243 of title
18. Subsections (b) and (d) of that section shall apply with respect to
the hearing.
``(3) A report of the results of the hearing shall be made to the
general court-martial convening authority for the person.
``(4) If the court-martial fails to find by the standard specified
in subsection (d) of section 4243 of title 18 that the person's release
would not create a substantial risk of bodily injury to another person
or serious damage of property of another due to a present mental
disease or defect--
``(A) the general court-martial convening authority may
commit the person to the custody of the Attorney General; and
``(B) the Attorney General shall take action in accordance
with subsection (e) of section 4243 of title 18.
``(5) Subsections (f), (g), and (h) of section 4243 of title 18
shall apply in the case of a person hospitalized pursuant to paragraph
(4)(B), except that the United States district court for the district
where the person is hospitalized shall be considered as the court that
ordered the person's commitment.
``(c) General Provisions.--(1) Except as otherwise provided in this
subsection and subsection (d)(1), the provisions of section 4247 of
title 18 apply in the administration of this section.
``(2) In the application of section 4247(d) of title 18 to hearings
conducted by a court-martial under this section or by (or by order of)
a general court-martial convening authority under this section, the
reference in that section to section 3006A of such title does not
apply.
``(d) Applicability.--(1) The provisions of chapter 313 of title 18
referred to in this section apply according to the provisions of this
section notwithstanding section 4247(j) of title 18.
``(2) If the status of a person as described in section 802 of this
title (article 2) terminates while the person is, pursuant to this
section, in the custody of the Attorney General, hospitalized, or on
conditional release under a prescribed regimen of medical, psychiatric,
or psychological care or treatment, the provisions of this section
establishing requirements and procedures regarding a person no longer
subject to this chapter shall continue to apply to that person
notwithstanding the change of status.''.
(2) The table of sections at the beginning of subchapter VII of
such chapter is amended by inserting after the item relating to section
850a (article 50a) the following:
``850b. 50b. Lack of mental capacity or mental responsibility:
commitment of accused for examination and
treatment.''.
(b) Conforming Amendment.--Section 802 of title 10, United States
Code (article 2 of the Uniform Code of Military Justice), is amended by
adding at the end the following:
``(e) The provisions of this section are subject to section
850b(d)(2) of this title (article 50b(d)(2)).''.
(c) Effective Date.--Section 850b of title 10, United States Code
(article 50b of the Uniform Code of Military Justice), as added by
subsection (a), shall take effect 180 days after the date of the
enactment of this Act and shall apply with respect to charges referred
to courts-martial on or after that effective date.
SEC. 526. FORFEITURE OF PAY AND ALLOWANCES AND REDUCTION IN GRADE.
(a) Effective Date of Punishments.--Section 857(a) (article 57(a))
is amended to read as follows:
``(a)(1) Any forfeiture of pay, forfeiture of allowances, or
reduction in grade included in a sentence of a court-martial takes
effect on the earlier of--
``(A) the date that is 14 days after the date on which the
sentence is adjudged; or
``(B) the date on which the sentence is approved by the
convening authority.
``(2) On application by an accused, the convening authority may
defer any forfeiture of pay, forfeiture of allowances, or reduction in
grade that would otherwise become effective under paragraph (1)(A)
until the date on which the sentence is approved by the convening
authority. The deferment may be rescinded at any time by the convening
authority.
``(3) A forfeiture of pay or allowances shall be collected from pay
accruing on and after the date on which the sentence takes effect under
paragraph (1). Periods during which a sentence to forfeiture of pay or
forfeiture of allowances is suspended or deferred shall be excluded in
computing the duration of the forfeiture.
``(4) In this subsection, the term `convening authority', with
respect to a sentence of a court-martial, means any person authorized
to act on the sentence under section 860 of this title (article 60).''.
(b) Effect of Punitive Separation or Confinement for One Year or
More.--(1) Subchapter VIII is amended by inserting after section 858a
(article 58a) the following new section (article):
``Sec. 858b. Art. 58b. Sentences: forfeiture of pay and allowances
``(a) A sentence adjudged by a court-martial that includes
confinement for one year or more, death, dishonorable discharge, bad-
conduct discharge, or dismissal shall result in the forfeiture of all
pay and allowances due that member during any period of confinement or
parole. The forfeiture required by this section shall take effect on
the date determined under section 857(a) of this title (article 57(a))
and may be deferred in accordance with that section.
``(b) In a case involving an accused who has dependents, the
convening authority or other person acting under section 860 of this
title (article 60) may waive any or all of the forfeitures of pay and
allowances required by subsection (a) for a period not to exceed six
months. Any amount of pay or allowances that, except for a waiver under
this subsection, would be forfeited shall be paid, as the convening
authority or other person taking action directs, to the dependents of
the accused.
``(c) If the sentence of a member who forfeits pay and allowances
under subsection (a) is set aside or disapproved or, as finally
approved, does not provide for a punishment referred to in subsection
(a), the member shall be paid the pay and allowances which the member
would have been paid, except for the forfeiture, for the period during
which the forfeiture was in effect.''.
(2) Clerical Amendment.--The table of sections at the beginning of
subchapter VIII of such chapter is amended by adding at the end the
following new item:
``858b. 58b. Sentences: forfeiture of pay and allowances.''.
(c) Applicability.--The amendments made by this section shall apply
to a case in which a sentence is adjudged by a court-martial on or
after the first day of the first month that begins at least 30 days
after the date of the enactment of this Act.
SEC. 527. DEFERMENT OF CONFINEMENT.
Section 857 (article 57) is amended by striking out subsection (e)
and inserting in lieu thereof the following:
``(e)(1) When an accused in the custody of a State or foreign
country is returned temporarily to military authorities for trial by
court-martial and is later returned to that State or foreign country
under the authority of a mutual agreement or treaty, the convening
authority of the court-martial may defer the service of the sentence to
confinement without the consent of the accused. The deferment shall
terminate when the accused is released permanently to military
authorities by the State or foreign country having custody of the
accused.
``(2) In this subsection, the term `State' includes the District of
Columbia and any commonwealth, territory, or possession of the United
States.
``(f) While a review of a case under section 867(a)(2) of this
title (article 67(a)(2)) is pending, the Secretary concerned or, when
designated by the Secretary, an Under Secretary, an Assistant
Secretary, the Judge Advocate General, or a commanding officer may
defer further service of a sentence to confinement which has been
ordered executed in such case.''.
SEC. 528. SUBMISSION OF MATTERS TO THE CONVENING AUTHORITY FOR
CONSIDERATION.
Section 860(b)(1) (article 60(b)(1)) is amended by inserting after
the first sentence the following: ``Any such submission shall be in
writing.''.
SEC. 529. PROCEEDINGS IN REVISION.
Section 860(e)(2) (article 60(e)(2)) is amended by striking out the
first sentence and inserting in lieu thereof the following: ``A
proceeding in revision may be ordered before authentication of the
record of trial in order to correct a clerical mistake in a judgment,
order, or other part of the record or any error in the record arising
from oversight or omission.''.
SEC. 530. APPEAL BY THE UNITED STATES.
Section 862(a)(1) (article 62(a)(1)) is amended to read as follows:
``(a)(1)(A) In a trial by court-martial in which a military judge
presides and in which a punitive discharge may be adjudged, the United
States may appeal the following:
``(i) An order or ruling of the military judge which
terminates the proceedings with respect to a charge or
specification.
``(ii) An order or ruling which excludes evidence that is
substantial proof of a fact material in the proceeding.
``(iii) An order or ruling which directs the disclosure of
classified information.
``(iv) An order or ruling which imposes sanctions for
nondisclosure of classified information.
``(v) A refusal of the military judge to issue a protective
order sought by the United States to prevent the disclosure of
classified information.
``(vi) A refusal by the military judge to enforce an order
described in clause (v) that has previously been issued by
appropriate authority.
``(B) The United States may not appeal an order or ruling that is
or that amounts to, a finding of not guilty with respect to the charge
or specification.''.
SEC. 531. FLIGHT FROM APPREHENSION.
(a) In General.--Section 895 (article 95) is amended to read as
follows:
``Sec. 895. Art. 95. Resistance, flight, breach of arrest, and escape
``Any person subject to this chapter who--
``(1) resists apprehension;
``(2) flees from apprehension;
``(3) breaks arrest; or
``(4) escapes from custody or confinement;
shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The item relating to section 895 (article
95) in the table of sections at the beginning of subchapter X is
amended to read as follows:
``895. Art. 95. Resistance, flight, breach of arrest, and escape.''.
SEC. 532. CARNAL KNOWLEDGE.
(a) Gender Neutrality.--Subsection (b) of section 920 (article 120)
is amended to read as follows:
``(b) Any person subject to this chapter who, under circumstances
not amounting to rape, commits an act of sexual intercourse with a
person--
``(1) who is not that person's spouse; and
``(2) who has not attained the age of sixteen years;
is guilty of carnal knowledge and shall be punished as a court-martial
may direct.''.
(b) Mistake of Fact.--Such section (article) is further amended by
adding at the end the following new subsection:
``(d)(1) In a prosecution under subsection (b), it is an
affirmative defense that--
``(A) the person with whom the accused committed the act of
sexual intercourse had at the time of the alleged offense
attained the age of twelve years; and
``(B) the accused reasonably believed that that person had
at the time of the alleged offense attained the age of sixteen
years.
``(2) The accused has the burden of proving a defense under
paragraph (1) by a preponderance of the evidence.''.
SEC. 533. TIME AFTER ACCESSION FOR INITIAL INSTRUCTION IN THE UNIFORM
CODE OF MILITARY JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by striking out
``within six days'' and inserting in lieu thereof ``within fourteen
days''.
SEC. 534. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking out ``Courts
of Military Review'' both places it appears and inserting in lieu
thereof ``Courts of Criminal Appeals''.
SEC. 535. PERMANENT AUTHORITY CONCERNING TEMPORARY VACANCIES ON THE
COURT OF APPEALS FOR THE ARMED FORCES.
Section 1301 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1569; 10 U.S.C. 942
note) is amended by striking out subsection (i).
SEC. 536. ADVISORY PANEL ON UCMJ JURISDICTION OVER CIVILIANS
ACCOMPANYING THE ARMED FORCES IN TIME OF ARMED CONFLICT.
(a) Establishment.--Not later than December 15, 1996, the Secretary
of Defense and the Attorney General shall jointly establish an advisory
panel to review and make recommendations on jurisdiction over civilians
accompanying the Armed Forces in time of armed conflict.
(b) Membership.--The panel shall be composed of at least 5
individuals, including experts in military law, international law, and
federal civilian criminal law. In making appointments to the panel, the
Secretary and the Attorney General shall ensure that the members of the
panel reflect diverse experiences in the conduct of prosecution and
defense functions.
(c) Duties.--The panel shall--
(1) review historical experiences and current practices
concerning the employment, training, discipline, and functions
of civilians accompanying the Armed Forces in the field;
(2) make specific recommendations (in accordance with
subsection (d)) concerning--
(A) establishing court-martial jurisdiction over
civilians accompanying the Armed Forces in the field
during time of armed conflict not involving a war
declared by Congress;
(B) revisions to the jurisdiction of the Article
III courts over such persons; and
(C) establishment of Article I courts to exercise
jurisdiction over such persons; and
(3) make such additional recommendations (in accordance
with subsection (d)) as the panel considers appropriate as a
result of the review.
(d) Report.--(1) Not later than December 15, 1996, the advisory
panel shall transmit a report on the findings and recommendations of
the panel to the Secretary of Defense and the Attorney General.
(2) Not later than January 15, 1997, the Secretary of Defense and
the Attorney General shall jointly transmit the report of the advisory
panel to Congress. The Secretary and the Attorney General may include
in the transmittal any joint comments on the report that they consider
appropriate, and either such official may include in the transmittal
any separate comments on the report that such official considers
appropriate.
(e) Definitions.--In this section:
(1) The term ``Article I court'' means a court established
under Article I of the Constitution.
(2) The term ``Article III court'' means a court
established under Article III of the Constitution.
(f) Termination of Panel.--The panel shall terminate 30 days after
the date of submission of the report to the Secretary of Defense and
the Attorney General under subsection (d).
Subtitle D--Decorations and Awards
SEC. 541. AWARD OF PURPLE HEART TO CERTAIN FORMER PRISONERS OF WAR.
(a) Authority To Make Award.--The President may award the Purple
Heart to a person who, while serving in the Armed Forces of the United
States before April 25, 1962--
(1) was taken prisoner or held captive--
(A) in an action against an enemy of the United
States;
(B) in military operations involving conflict with
an opposing foreign force;
(C) during service with friendly forces engaged in
an armed conflict against an opposing armed force in
which the United States was not a belligerent party;
(D) as the result of an action of any such enemy or
opposing armed force; or
(E) as the result of an act of any foreign hostile
force; and
(2) was wounded while being taken prisoner or held captive.
(b) Standards.--An award of the Purple Heart may be made under
subsection (a) only in accordance with the standards in effect on the
date of the enactment of this Act for the award of the Purple Heart to
a member of the Armed Forces who, on or after April 25, 1962, has been
taken prisoner and held captive under circumstances described in that
subsection.
(c) Exception for Aiding the Enemy.--An award of a Purple Heart may
not be made under this section to any person convicted by a court of
competent jurisdiction of rendering assistance to any enemy of the
United States.
(d) Covered Wounds.--A wound determined by the Secretary of
Veterans Affairs as being a service-connected injury arising from being
taken prisoner or held captive under circumstances described in
subsection (a) satisfies the condition set forth in paragraph (2) of
that subsection.
(e) Relationship to Other Authority To Award the Purple Heart.--The
authority under this section is in addition to any other authority of
the President to award the Purple Heart.
SEC. 542. MERITORIOUS AND VALOROUS SERVICE DURING VIETNAM ERA: REVIEW
AND AWARDS.
(a) Findings.--Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried out by
the Armed Forces of the United States in the Ia Drang Valley of
Vietnam from October 23, 1965, to November 26, 1965, is
illustrative of the many battles which pitted forces of the
United States against North Vietnamese Army regulars and Viet
Cong in vicious fighting in which many members of the Armed
Forces displayed extraordinary heroism, sacrifice, and bravery
which has not yet been officially recognized through award of
appropriate decorations.
(2) Accounts of these battles published since the war ended
authoritatively document repeated acts of extraordinary
heroism, sacrifice, and bravery on the part of many members of
the Armed Forces who were engaged in these battles, many of
whom have never been officially recognized for those acts.
(3) In some of the battles United States military units
suffered substantial losses, in some cases a majority of the
strength of the units.
(4) The incidence of heavy casualties throughout the war
inhibited the timely collection of comprehensive and detailed
information to support recommendations for awards for the acts
of heroism, sacrifice, and bravery performed.
(5) Requests to the Secretaries of the military departments
for review of award recommendations for those acts have been
denied because of restrictions in law and regulations that
require timely filing of recommendations and documented
justification.
(6) Acts of heroism, sacrifice, and bravery performed in
combat by members of the Armed Forces of the United States
deserve appropriate and timely recognition by the people of the
United States.
(7) It is appropriate to recognize military personnel for
acts of extraordinary heroism, sacrifice, or bravery that are
belatedly, but properly, documented by persons who witnessed
those acts.
(b) Waiver of Restrictions on Awards.--(1) Notwithstanding any
other provision of law, the Secretary of Defense or the Secretary of
the military department concerned may award or upgrade a decoration to
any person for an act, an achievement, or service that the person
performed in a campaign while serving on active duty during the Vietnam
era.
(2) Paragraph (1) applies to any decoration (including any device
in lieu of a decoration) that, during or after the Vietnam era and
before the date of the enactment of this Act, was authorized by law or
under regulations of the Department of Defense or the military
department concerned to be awarded to a person for an act, an
achievement, or service performed by that person while serving on
active duty.
(c) Review of Award Recommendations.--(1) The Secretary of each
military department shall review all recommendations for awards for
acts, achievements, or service described in subsection (b)(1) that have
been received by the Secretary during the period of the review.
(2) The Secretaries shall begin the review within 30 days after the
date of the enactment of this Act and shall complete the review within
one year after such date.
(3) The Secretary may use the same process for carrying out the
review as the Secretary uses for reviewing other recommendations for
awarding decorations to members of the armed force or armed forces
under the Secretary's jurisdiction for acts, achievements, or service.
(4)(A) Upon completing the review, the Secretary shall submit a
report on the review to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives.
(B) The report shall contain the following information on each
recommendation for award reviewed:
(i) A summary of the recommendation.
(ii) The findings resulting from the review.
(iii) The final action taken on the recommendation.
(d) Definitions.--In this section:
(1) The term ``Vietnam era'' has the meaning given that
term in section 101(29) of title 38, United States Code.
(2) The term ``active duty'' has the meaning given such
term in section 101(d)(1) of title 10, United States Code.
SEC. 543. MILITARY INTELLIGENCE PERSONNEL PREVENTED BY SECRECY FROM
BEING CONSIDERED FOR DECORATIONS AND AWARDS.
(a) Waiver on Restrictions of Awards.--(1) Notwithstanding any
other provision of law, the President, the Secretary of Defense, or the
Secretary of the military department concerned may award a decoration
to any person for an act, achievement, or service that the person
performed in carrying out military intelligence duties during the
period January 1, 1940, through December 31, 1990.
(2) Paragraph (1) applies to any decoration (including any device
in lieu of a decoration) that, during or after the period described in
paragraph (1) and before the date of the enactment of this Act, was
authorized by law or under the regulations of the Department of Defense
or the military department concerned to be awarded to a person for an
act, achievement, or service performed by that person while serving on
active duty.
(b) Review of Award Recommendations.--(1) The Secretary of each
military department shall review all recommendations for awards of
decorations for acts, achievements, or service described in subsection
(a)(1) that have been received by the Secretary during the period of
the review.
(2) The Secretary shall begin the review within 30 days after the
date of the enactment of this Act and shall complete the review within
one year after such date.
(3) The Secretary may use the same process for carrying out the
review as the Secretary uses for reviewing other recommendations for
awarding decorations to members of the armed force or armed forces
under the Secretary's jurisdiction for acts, achievements, or service.
(4) The Secretary may reject a recommendation if the Secretary
determines that there is a justifiable basis for concluding that the
recommendation is specious.
(5) The Secretary shall take reasonable actions to publicize widely
the opportunity to recommend awards of decorations under this section.
(6)(A) Upon completing the review, the Secretary shall submit a
report on the review to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives.
(B) The report shall contain the following information on each
recommendation for an award reviewed:
(i) A summary of the recommendation.
(ii) The findings resulting from the review.
(iii) The final action taken on the recommendation.
(iv) Administrative or legislative recommendations to
improve award procedures with respect to military intelligence
personnel.
(c) Definition.--In this section, the term ``active duty'' has the
meaning given such term in section 101(d)(1) of title 10, United States
Code.
SEC. 544. REVIEW REGARDING AWARDS OF DISTINGUISHED-SERVICE CROSS TO
ASIAN-AMERICANS AND PACIFIC ISLANDERS FOR CERTAIN WORLD
WAR II SERVICE.
(a) Review Required.--The Secretary of the Army shall--
(1) review the records relating to the award of the
Distinguished-Service Cross to Asian-Americans and Native
American Pacific Islanders for service as members of the Army
during World War II in order to determine whether the award
should be upgraded to the Medal of Honor; and
(2) submit to the President a recommendation that the
President award a Medal of Honor to each such person for whom
the Secretary determines an upgrade to be appropriate.
(b) Waiver of Time Limitations.--The President is authorized to
award a Medal of Honor to any person referred to in subsection (a) in
accordance with a recommendation of the Secretary of the Army submitted
under that subsection. The following restrictions do not apply in the
case of any such person:
(1) Sections 3744 and 8744 of title 10, United States Code.
(2) Any regulation or other administrative restriction on--
(A) the time for awarding a Medal of Honor; or
(B) the awarding of a Medal of Honor for service
for which a Distinguished-Service Cross has been
awarded.
(c) Definitions.--In this section:
(1) The term ``Native American Pacific Islander'' means a
Native Hawaiian and any other Native American Pacific Islander
within the meaning of the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.).
(2) The term ``World War II'' has the meaning given that
term in section 101(8) of title 38, United States Code.
Subtitle E--Other Matters
SEC. 551. 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 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. Actions of Secretary concerned; initial board inquiry.
``1504. Subsequent board of inquiry.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Return alive of person declared missing or dead.
``1509. Effect on State law.
``1510. 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
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 throughout the Department of Defense, for personnel recovery.
``(4) The office shall establish procedures to be followed by
Department of Defense boards of inquiry, and by officials reviewing the
reports of such boards, under this chapter.
``(b) Search and Rescue.--Notwithstanding subsection (a),
responsibility for search and rescue policies within the Department of
Defense shall be established by the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict.
``(c) Uniform DoD Procedures.--(1) The Secretary of Defense shall
prescribe procedures, to apply uniformly throughout the Department of
Defense, for--
``(A) the determination of the status of persons described
in subsection (e); and
``(B) for the systematic, comprehensive, and timely
collection, analysis, review, dissemination, and periodic
update of information related to such persons.
``(2) Such procedures may provide for the delegation by the
Secretary of Defense of any responsibility of the Secretary under this
chapter to the Secretary of a military department.
``(3) Such procedures shall be prescribed in a single directive
applicable to all elements of the Department of Defense, other than the
elements carrying out activities relating to search and rescue.
``(4) 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 1503 or 1504 of this title. Any such extension may not be for a
period in excess of the period with respect to which the extension is
provided. Subsequent extensions may be provided on the same basis.
``(d) Coast Guard.--(1) The Secretary of Transportation shall
designate an officer of the Department of Transportation to have
responsibility within the Department of Transportation for matters
relating to missing persons who are Coast Guard personnel.
``(2) The Secretary of Transportation shall prescribe procedures
for the determination of the status of persons described in subsection
(e) who are personnel of the Coast Guard and for the collection,
analysis, review, and update of information on such persons. To the
maximum extent practicable, the procedures prescribed under this
paragraph shall be similar to the procedures prescribed by the
Secretary of Defense under subsection (c).
``(e) Covered Persons.--Section 1502 of this title applies in the
case of any member of the armed forces on active duty who becomes
involuntarily absent as a result of a hostile action, or under
circumstances suggesting that the involuntary absence is a result of a
hostile action, and whose status is undetermined or who is unaccounted
for.
``(f) Primary Next of Kin.--The individual who is primary next of
kin of any person prescribed in subsection (e) may for purposes of this
chapter designate another individual to act on behalf of that
individual as primary next of kin. The Secretary concerned 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.
``(g) Termination of Applicability of Procedures When Missing
Person Is Accounted for.--The provisions of this chapter relating to
boards of inquiry and to the actions by the Secretary concerned on the
reports of those boards shall cease to apply in the case of a missing
person upon the person becoming accounted for or otherwise being
determined to be in a status other than missing.
``Sec. 1502. Missing persons: initial report
``(a) Preliminary Assessment and Recommendation by Commander.--
After receiving information that the whereabouts or status of a person
described in section 1501(e) 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) transmit that recommendation to the Secretary of
Defense or the Secretary having jurisdiction over the missing
person in accordance with procedures prescribed under section
1501 of this title.
``(b) Forwarding of Records.--The commander making the initial
assessment shall (in accordance with procedures prescribed under
section 1501 of this title) safeguard and forward for official use any
information relating to the whereabouts or status of a missing person
that result from the preliminary assessment or from actions taken to
locate the person.
``Sec. 1503. Actions of Secretary concerned; initial board inquiry
``(a) Determination By Secretary.--(1) Upon receiving a
recommendation on the status of a person under section 1502(a)(2) of
this title, the Secretary receiving the recommendation shall review the
recommendation.
``(2) After reviewing the recommendation on the status of a person,
the Secretary shall--
``(A) make a determination whether the person shall be
declared missing; or
``(B) if the Secretary determines that a status other than
missing may be warranted for the person, appoint a board under
this section to carry out an inquiry into the whereabouts or
status of the person.
``(b) Inquiries Involving More Than One Missing Person.--If it
appears to the Secretary who appoints a board under this section that
the absence or missing status of two or more persons is factually
related, the Secretary may appoint a single board under this section to
conduct the inquiry into the whereabouts or status of such persons.
``(c) Composition.--(1) A board appointed under this section to
inquire into the whereabouts or status of a person shall consist of at
least one military officer 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 may be appointed as a member of a board under
this section only if the individual has a security clearance that
affords the individual access to all information relating to the
whereabouts and status of the missing persons covered by the inquiry.
``(3) The Secretary who appoints a board under this subsection
shall, for purposes of providing legal counsel to the board, assign to
the board a judge advocate, or appoint to the board an attorney, who
has expertise in the law relating to missing persons, the determination
of death of such persons, and the rights of family members and
dependents of such persons.
``(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 the 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 Secretary 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) Board Proceedings.--During the proceedings of an inquiry
under this section, a board shall--
``(1) 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;
``(2) 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
``(3) maintain a record of its proceedings.
``(f) Access to Proceedings.--The proceedings of a board during an
inquiry under this section shall be closed to the public (including,
with respect to the person covered by the inquiry, the primary next of
kin, other members of the immediate family, and any other previously
designated person of the person).
``(g) Recommendation on Status of Missing Persons.--(1) Upon
completion of its inquiry, a board appointed under this section shall
make a recommendation to the Secretary who appointed the board as to
the appropriate determination of the current whereabouts or status of
each person whose whereabouts and status 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
credible evidence establishing that death is the only credible
explanation for the absence of the person.
``(h) Report.--(1) A board appointed under this section shall
submit to the Secretary who appointed the board 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 (g)
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 board shall submit a report under this subsection with
respect to the inquiry carried out by the board not later than 30 days
after the date of the appointment of the board to carry out the
inquiry.
``(3) A report submitted under this subsection with respect to a
missing person may not be made public until one year after the date on
which the report is submitted, and not without the approval of the
primary next of kin of the person.
``(i) Determination by Secretary.--(1) Not later than 30 days after
the receipt of a report from a board under subsection (j), the
Secretary receiving the report shall review the report.
``(2) In reviewing a report under paragraph (1) 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, including whether the person shall--
``(A) be declared missing;
``(B) be declared to have deserted;
``(C) be declared to be absent without leave; or
``(D) be declared to be dead.
``(j) Report to Family Members and Other Interested Persons.--Not
later than 30 days after the date on which the Secretary concerned
makes a determination of the status of a person under subsection (a)(2)
or (i), the Secretary shall take reasonable actions to--
``(1) provide to the primary next of kin, the other members
of the immediate family, and any other previously designated
person of the person--
``(A) an unclassified summary of the unit
commander's report with respect to the person under
section 1502(a) of this title; and
``(B) if a board was appointed to carry out an
inquiry into the person under this section, the report
of the board (including the names of the members of the
board) under subsection (h); and
``(2) inform each individual referred to in paragraph (1)
that the United States will conduct a subsequent inquiry into
the whereabouts or status of the person on or about one year
after the date of the first official notice of the
disappearance of the person, unless information becomes
available sooner that may result in a change in status of the
person.
``(k) Treatment of Determination.--Any determination of the status
of a missing person under subsection (a)(2) or (i) shall be treated as
the determination of the status of the person by all departments and
agencies of the United States.
``Sec. 1504. Subsequent board of inquiry
``(a) Additional Board.--If information that may result in a change
of status of a person covered by a determination under subsection
(a)(2) or (i) of section 1503 of this title becomes available within
one year after the date of the transmission of a report with respect to
the person under section 1502(a)(2) of this title, the Secretary
concerned shall appoint a board under this section to conduct an
inquiry into the information.
``(b) Date of Appointment.--The Secretary concerned 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
transmission of a report concerning the person under section 1502(a)(2)
of this title.
``(c) Combined Inquiries.--If it appears to the Secretary concerned
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 such persons.
``(d) Composition.--(1) Subject to paragraphs (2) and (3), a board
appointed under this section shall consist of not less than three
officers having the grade of major or lieutenant commander or above.
``(2) The Secretary concerned 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) One member of each board appointed under this subsection
shall be an individual who--
``(A) has a occupational specialty similar to that of one
or more of the persons covered by the inquiry; and
``(B) has an understanding of and expertise in the type of
official activities that one or more such persons were engaged
in at the time such person or persons disappeared.
``(4) The Secretary who appoints a board under this subsection
shall, for purposes of providing legal counsel to the board, assign to
the board a judge advocate, or appoint to the board an attorney, who
has expertise in the law relating to missing persons, the determination
of death of such persons, and the rights of family members and
dependents of such persons.
``(e) 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 with respect to the person
transmitted under section 1502(a)(2) of this title, and the
report, if any, submitted under subsection (h) of section 1503
of this title by the board appointed to conduct inquiry into
the status of the person under such section 1503;
``(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 determination of the
status of the person 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 concerned 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.
``(f) Attendance of Family Members and Certain Other Interested
Persons at Proceedings.--(1) With respect to any person covered by a
inquiry under this section, the primary next of kin, other members of
the immediate family, and any other previously designated person of the
person may attend the proceedings of the board during the inquiry.
``(2) The Secretary concerned shall take reasonable actions to
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 notice under paragraph (2) shall
notify the Secretary of the intent, if any, of that individual to
attend the proceedings of the board not later 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 a individual who is the primary next
of kin or other member of the immediate family of a missing
person whose status is a subject of the inquiry and whose
receipt of the pay or allowances (including allotments) of the
person could be reduced or terminated as a result of a revision
in the status of the 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 an objection to any
recommendation of the board under subsection (h) as to the
status of the missing person.
``(5)(A) Individuals who wish to file objections under paragraph
(4)(D) to any recommendation of the board shall--
``(i) submit a letter of intent to the president of the
board not later than 2 days after the date on which the
recommendations are made; and
``(ii) submit to the president of the board the objections
in writing not later than 15 days after the date on which the
recommendations are made.
``(B) The president of a board shall include any objections to a
recommendation of the board that are submitted to the president of the
board under subparagraph (A) in the report of the board containing the
recommendation under subsection (h).
``(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.
``(g) 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
the president of the board making the request.
``(B) The president of a board shall close to persons who do not
have appropriate security clearances the proceeding of the board at
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.
``(h) 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; or
``(B) in making the recommendation, the board complies with
section 1507 of this title.
``(i) Report.--A board appointed under this section shall submit to
the Secretary concerned 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.
``(j) Actions by Secretary Concerned.--(1) Not later than 30 days
after the receipt of a report from a board under subsection (i), the
Secretary shall review--
``(A) the report; and
``(B) the objections, if any, to the report submitted to
the president of the board under subsection (f)(5).
``(2) In reviewing a report under paragraph (1) (including the
objections described in subparagraph (B) of that paragraph), the
Secretary concerned 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.
``(k) Report to Family Members and Other Interested Persons.--Not
later than 60 days after the date on which the Secretary concerned
makes a determination with respect to a missing person under subsection
(j), the Secretary shall--
``(1) provide an unclassified summary of the report
reviewed by the Secretary in making the determination to the
primary next of kin, the other members of the immediate family,
and any other previously designated person of the 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 subsequent inquiries
into the whereabouts or status of the person upon obtaining
credible information that may result in a change in the status
of the person.
``(l) Treatment of Determination.--Any determination of the status
of a missing person under subsection (j) shall supersede the
determination of the status of the person under section 1503 of this
title and shall be treated as the determination of the status of the
person by all departments and agencies of the United States.
``Sec. 1505. Further review
``(a) Subsequent Review.--(1) The Secretary concerned 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.
``(2) The Secretary concerned shall appoint a board to conduct an
inquiry with respect to a person under this subsection upon obtaining
credible information that may result in a change of status of the
person.
``(b) 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 subsections (b),
(c), and (d), 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 a personnel file, 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) Protection of Privacy.--The Secretary concerned shall
maintain personnel files under this section, and shall permit
disclosure of or access to such files, in accordance with the
provisions of section 552a of title 5 and with other applicable laws
and regulations pertaining to the privacy of the persons covered by the
files.
``(d) Privileged Information.--The Secretary concerned shall
withhold reports obtained as privileged information from the personnel
files under this section. If the Secretary withholds a report from a
personnel file under this subsection, the Secretary shall ensure that
the file contains a notice that the withheld information exists.
``(e) Wrongful Withholding.--Except as otherwise provided by law,
any person who knowingly and willfully withholds from the personnel
file of a missing person any 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.
``(f) Availability of Information.--The Secretary concerned shall,
upon request, make available the contents of the personnel file of a
missing person to the primary next of kin, the other members of the
immediate family, or any other previously designated person of the
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, to the maximum extent
practicable, 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. Return alive of person declared missing or dead
``(a) Pay and Allowances.--Any person (except for a person
subsequently determined to have been absent without leave or a
deserter) 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.
``Sec. 1509. Effect on State law
``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 such State or
political subdivision.
``Sec. 1510. Definitions
``In this chapter:
``(1) The term `missing person' means a member of the armed
forces on active duty 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 category
of--
``(A) missing;
``(B) missing in action;
``(C) interned in a foreign country;
``(D) captured;
``(E) beleaguered;
``(F) besieged; or
``(G) detained.
``(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 identified by
competent authority; or
``(C) credible evidence exists to support another
determination of the person's status.
``(4) The term `primary next of kin', in the case of a
missing person, means the individual authorized to direct
disposition of the remains of the person under section 1482(c)
of this title.
``(5) The term `member of the immediate family', in the
case of a missing person, means the following:
``(A) The spouse of the person.
``(B) A natural child, adopted child, step child,
or illegitimate child (if acknowledged by the person or
parenthood has been established by a court of competent
jurisdiction) of the person, except that if such child
has not attained the age of 18 years, the term means a
surviving parent or legal guardian of such child.
``(C) A biological parent of the person, unless
legal custody of the person by the parent has been
previously terminated by reason of a court decree or
otherwise under law and not restored.
``(D) A brother or sister of the person, if such
brother or sister has attained the age of 18 years.
``(E) Any other blood relative or adoptive relative
of the person, if such relative was given sole legal
custody of the person by a court decree or otherwise
under law before the person attained the age of 18
years and such custody was not subsequently terminated
before that time.
``(6) The term `previously designated person', in the case
of a missing person, means an individual designated by the
person under section 655 of this title for purposes of this
chapter.
``(7) The term `classified information' means any
information determined as such under applicable laws and
regulations of the United States.
``(8) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
``(9) The term `Secretary concerned' includes the Secretary
of Transportation with respect to the Coast Guard when it is
not operating as a service in the Department of the Navy.
``(10) The term `armed forces' includes Coast Guard
personnel operating in conjunction with, in support of, or
under the command of a unified combatant command (as that term
is used in section 6 of this title).''.
(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 under
chapter 76 of 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'' 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
(B) 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 a
missing member
``(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 or persons, if any, other than that
person's primary next of kin or immediate family, 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 revise the person or persons specified by the
member under subsection (a) at any time. Any such revision 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 a missing
member.''.
(e) Accounting for Civilian Employee and Contractors of the United
States.--(1) The Secretary of State shall carry out a comprehensive
study of the Missing Persons Act of 1942 (56 Stat. 143), and any other
laws and regulations establishing procedures for the accounting for of
civilian employees of the United States or contractors of the United
States who serve with or accompany the Armed Forces in the field. The
purpose of the study is to determine the means, if any, by which such
procedures may be improved.
(2) The Secretary of State shall carry out the study required under
paragraph (1) in consultation with the Secretary of Defense, the
Secretary of Transportation, the Director of Central Intelligence, and
the heads of such other departments and agencies of the Federal
Government as the President shall designate for that purpose.
(3) In carrying out the study, the Secretary of State shall examine
the procedures undertaken when a civilian employee referred to in
paragraph (1) becomes involuntarily absent as a result of a hostile
action, or under circumstances suggesting that the involuntary absence
is a result of a hostile action, and whose status is undetermined or
who is unaccounted for, including procedures for--
(A) search and rescue for the employee;
(B) determining the status of the employee;
(C) reviewing and changing the status of the employee;
(D) determining the rights and benefits accorded to the
family of the employee; and
(E) maintaining and providing appropriate access to the
records of the employee and the investigation into the status
of the employee.
(4) Not later than one year after the date of the enactment of this
Act, the Secretary of State shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report on the study carried out by the
Secretary under this subsection. The report shall include the
recommendations, if any, of the Secretary for legislation to improve
the procedures covered by the study.
SEC. 552. SERVICE NOT CREDITABLE FOR PERIODS OF UNAVAILABILITY OR
INCAPACITY DUE TO MISCONDUCT.
(a) Enlisted Service Credit.--Section 972 of title 10, United
States Code, is amended--
(1) by striking out paragraphs (3) and (4) and inserting in
lieu thereof the following:
``(3) is confined by military or civilian authorities for
more than one day in connection with a trial, whether before,
during, or after the trial; or''; and
(2) by redesignating paragraph (5) paragraph (4).
(b) Officer Service Credit.--Chapter 49 of title 10, United States
Code, is amended by inserting after section 972 the following new
section:
``Sec. 972a. Officers: service not creditable
``(a) In General.--Except as provided in subsection (b), an officer
of an armed force may not receive credit for service in the armed
forces for any purpose for a period for which the officer--
``(1) deserts;
``(2) is absent from the officer's organization, station,
or duty for more than one day without proper authority, as
determined by competent authority;
``(3) is confined by military or civilian authorities for
more than one day in connection with a trial, whether before,
during, or after the trial; or
``(4) is unable for more than one day, as determined by
competent authority, to perform the officer's duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from the officer's misconduct.
``(b) Inapplicability to Computation of Basic Pay.--Subsection (a)
does not apply to a determination of the amount of basic pay of the
officer under section 205 of title 37.''.
(c) Army Computation of Years of Service.--Section 3926 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(e) A period for which service credit is denied under section
972a(a) of this title may not be counted for purposes of computing
years of service under this section.''.
(d) Navy Computation of Years of Service.--Chapter 571 of title 10,
United States Code, is amended by inserting after section 6327 the
following new section:
``Sec. 6328. Computation of years of service: service not creditable
``(a) Enlisted Members.--Years of service computed under this
chapter may not include a period of unavailability or incapacity to
perform duties that is required under section 972 of this title to be
made up by performance of service for an additional period.
``(b) Officers.--A period for which service credit is denied under
section 972a(a) of this title may not be counted for purposes of
computing years of service under this chapter.''.
(e) Air Force Computation of Years of Service.--Section 8926 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(d) A period for which service credit is denied under section
972a(a) of this title may not be counted for purposes of computing
years of service under this section.''.
(f) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 49 of title 10, United States Code, is amended by
inserting after the item relating to section 972 the following:
``972a. Officers: service not creditable.''.
(2) The table of sections at the beginning of chapter 571 of title
10, United States Code, is amended by inserting after the item relating
to section 6327 the following new item:
``6328. Computation of years of service: service not creditable.''.
(g) Effective Date and Applicability.--The amendments made by this
section shall take effect on October 1, 1995, and shall apply to
occurrences on or after that date of unavailability or incapacity to
perform duties as described in section 972 or 972a of title 10, United
States Code, as the case may be.
SEC. 553. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT.
(a) Separation.--(1)(A) Chapter 59 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 1178. Persons under confinement for one year or more
``Except as otherwise provided in regulations prescribed by the
Secretary of Defense, a person sentenced by a court-martial to a period
of confinement for one year or more may be separated from the person's
armed force at any time after the sentence to confinement has become
final under chapter 47 of this title and the person has served in
confinement for a period of one year.''.
(B) The table of sections at the beginning of chapter 59 of such
title is amended by inserting at the end thereof the following new
item:
``1178. Persons under confinement for one year or more.''.
(2)(A) Chapter 1221 of title 10, United States Code, is amended by
adding at the end the following:
``Sec. 12687. Persons under confinement for one year or more
``Except as otherwise provided in regulations prescribed by the
Secretary of Defense, a Reserve sentenced by a court-martial to a
period of confinement for one year or more may be separated from the
person's armed force at any time after the sentence to confinement has
become final under chapter 47 of this title and the person has served
in confinement for a period of one year.''.
(B) The table of sections at the beginning of chapter 1221 of such
title is amended by inserting at the end thereof the following new
item:
``12687. Persons under confinement for one year or more.''.
(b) Drop From Rolls.--(1) Section 1161(b) of title 10, United
States Code, is amended by striking out ``or (2)'' and inserting in
lieu thereof ``(2) who may be separated under section 1178 of this
title by reason of a sentence to confinement adjudged by a court-
martial, or (3)''.
(2) Section 12684 of such title is amended--
(A) by striking out ``or'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) who may be separated under section 12687 of this
title by reason of a sentence to confinement adjudged by a
court-martial; or''.
SEC. 554. DURATION OF FIELD TRAINING OR PRACTICE CRUISE REQUIRED UNDER
THE SENIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
Section 2104(b)(6)(A)(ii) of title 10, United States Code, is
amended by striking out ``not less than six weeks' duration'' and
inserting in lieu thereof ``a duration''.
SEC. 555. CORRECTION OF MILITARY RECORDS.
(a) Review of Procedures.--The Secretary of each military
department shall review the system and procedures used by the Secretary
in the exercise of authority under section 1552 of title 10, United
States Code, in order to identify potential improvements that could be
made in the process for correcting military records to ensure fairness,
equity, and, consistent with appropriate service to applicants, maximum
efficiency.
(b) Issues Reviewed.--In conducting the review, the Secretary shall
consider the following issues:
(1) The composition of the board for correction of military
records and of the support staff for the board.
(2) Timeliness of final action.
(3) Independence of deliberations by the civilian board for
the correction of military records.
(4) The authority of the Secretary to modify the
recommendations of the board.
(5) Burden of proof and other evidentiary standards.
(6) Alternative methods for correcting military records.
(c) Report.--(1) Not later than April 1, 1996, the Secretary of
each military department shall submit a report on the results of the
Secretary's review under this section to the Secretary of Defense. The
report shall contain the recommendations of the Secretary of the
military department for improving the process for correcting military
records in order to achieve the objectives referred to in subsection
(a).
(2) The Secretary of Defense shall immediately transmit a copy of
the report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives.
SEC. 556. LIMITATION ON REDUCTIONS IN MEDICAL PERSONNEL.
(a) Limitation on Reductions.--Unless the Secretary of Defense
makes the certification described in subsection (b) for a fiscal year,
the Secretary may not reduce the number of medical personnel of the
Department of Defense--
(1) in fiscal year 1996, to a number that is less than--
(A) 95 percent of the number of such personnel at
the end of fiscal year 1994; or
(B) 90 percent of the number of such personnel at
the end of fiscal year 1993; and
(2) in any fiscal year beginning after September 30, 1996,
to a number that is less than--
(A) 95 percent of the number of such personnel at
the end of the immediately preceding fiscal year; or
(B) 90 percent of the number of such personnel at
the end of the third fiscal year preceding the fiscal
year.
(b) Certification.--The Secretary may make a reduction described in
subsection (a) if the Secretary certifies to Congress that--
(1) the number of medical personnel of the Department that
is being reduced is excess to the current and projected needs
of the military departments; and
(2) such reduction will not result in an increase in the
cost of health care services provided under the Civilian Health
and Medical Program of the Uniformed Services.
(c) Report on Planned Reductions.--Not later than March 1, 1996,
the Assistant Secretary of Defense having responsibility for health
affairs, in consultation with Surgeon General of the Army, the Surgeon
General of the Navy, and the Surgeon General of the Air Force, shall
submit to the congressional defense committees a plan for the reduction
of the number of medical personnel of the Department of Defense over
the 5-year period beginning on October 1, 1996.
(d) Repeal of Obsolete Provisions of Law.--(1) Section 711 of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 115
note) is repealed.
(2) Section 718 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1404; 10
U.S.C. 115 note) is amended by striking out subsection (b).
(3) Section 518 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2407) is repealed.
(e) Definition.--For purposes of this section, the term ``medical
personnel'' has the meaning given such term in section 115a(g)(2) of
title 10, United States Code, except that such term includes civilian
personnel of the Department of Defense assigned to military medical
facilities.
SEC. 557. REPEAL OF REQUIREMENT FOR ATHLETIC DIRECTOR AND
NONAPPROPRIATED FUND ACCOUNT FOR THE ATHLETICS PROGRAMS
AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Section 4357 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 403 of such
title is amended by striking out the item relating to section 4357.
(b) United States Naval Academy.--Section 556 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2774) is amended by striking out subsections (b), (d), and (e).
(c) United States Air Force Academy.--(1) Section 9356 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 903 of such
title is amended by striking out the item relating to section 9356.
SEC. 558. PROHIBITION ON USE OF FUNDS FOR SERVICE ACADEMY PREPARATORY
SCHOOL TEST PROGRAM.
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this Act, or otherwise made available,
to the Department of Defense may be obligated to carry out a test
program for determining the cost effectiveness of transferring to the
private sector the mission of operating one or more preparatory schools
for the United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy.
SEC. 559. CENTRALIZED JUDICIAL REVIEW OF DEPARTMENT OF DEFENSE
PERSONNEL ACTIONS.
(a) Establishment.--The Secretary of Defense and the Attorney
General shall jointly establish an advisory panel on centralized review
of Department of Defense administrative personnel actions.
(b) Membership.--(1) The panel shall be composed of five members
appointed as follows:
(A) One member appointed by the Chief Justice of the United
States.
(B) Three members appointed by the Secretary of Defense.
(C) One member appointed by the Attorney General.
(2) The Secretary of Defense shall designate one of the members
appointed under paragraph (1)(B) to serve as chairman of the panel.
(3) All members shall be appointed not later than 30 days after the
date of the enactment of this Act.
(4) The panel shall meet at the call of the chairman. The panel
shall hold its first meeting not later than 30 days after the date on
which all members have been appointed.
(c) Duties.--The panel shall review, and provide findings and
recommendations in accordance with subsection (d) regarding, the
following matters:
(1) Whether the existing practices with regard to judicial
review of administrative personnel actions of the Department of
Defense are appropriate and adequate.
(2) Whether a centralized judicial review of administrative
personnel actions should be established.
(3) Whether the United States Court of Appeals for the
Armed Forces should conduct such reviews.
(d) Report.--(1) Not later than December 15, 1996, the panel shall
submit a report on the findings and recommendations of the panel to the
Secretary of Defense and the Attorney General.
(2) Not later than January 1, 1997, the Secretary of Defense and
the Attorney General shall jointly transmit the panel's report to
Congress. The Secretary and the Attorney General may include in the
transmittal any joint comments on the report that they consider
appropriate, and either such official may include in the transmittal
any separate comments on the report that such official considers
appropriate.
(e) Termination of Panel.--The panel shall terminate 30 days after
the date of submission of the report to the Secretary of Defense and
the Attorney General under subsection (d).
SEC. 560. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL HEADQUARTERS
STRUCTURE.
(a) Delay.--The Secretary of the Army may not take any action to
reorganize the regional headquarters and basic camp structure of the
Reserve Officers Training Corps program of the Army until six months
after the date on which the report required by subsection (d) is
submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall conduct
a comparative cost-benefit analysis of various options for the
reorganization of the regional headquarters and basic camp structure of
the Army ROTC program. As part of such analysis, the Secretary shall
measure each reorganization option considered against a common set of
criteria.
(c) Selection of Reorganization Option for Implementation.--Based
on the findings resulting from the cost-benefit analysis under
subsection (b) and such other factors as the Secretary considers
appropriate, the Secretary shall select one reorganization option for
implementation. The Secretary may select an option for implementation
only if the Secretary finds that the cost-benefit analysis and other
factors considered clearly demonstrate that such option, better than
any other option considered--
(1) provides the structure to meet projected mission
requirements;
(2) achieves the most significant personnel and cost
savings;
(3) uses existing basic and advanced camp facilities to the
maximum extent possible;
(4) minimizes additional military construction costs; and
(5) makes maximum use of the reserve components to support
basic and advanced camp operations, thereby minimizing the
effect of those operations on active duty units.
(d) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives a report describing the reorganization
option selected under subsection (c). The report shall include the
results of the cost-benefit analysis under subsection (b) and a
detailed rationale for the reorganization option selected.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in elements of
compensation of members of the uniformed services to become effective
during fiscal year 1996 shall not be made.
(b) Increase in Basic Pay and BAS.--Effective on January 1, 1996,
the rates of basic pay and basic allowance for subsistence of members
of the uniformed services are increased by 2.4 percent.
(c) Increase in BAQ.--Effective on January 1, 1996, the rates of
basic allowance for quarters of members of the uniformed services are
increased by 5.2 percent.
SEC. 602. ELECTION OF BASIC ALLOWANCE FOR QUARTERS INSTEAD OF
ASSIGNMENT TO INADEQUATE QUARTERS.
(a) Election Authorized.--Section 403(b) of title 37, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by designating the second sentence as paragraph (2)
and, as so designated, by striking out ``However, subject'' and
inserting in lieu thereof ``Subject''; and
(3) by adding at the end the following:
``(3) A member without dependents who is in pay grade E-6 and who
is assigned to quarters of the United States that do not meet the
minimum adequacy standards established by the Department of Defense for
members in such pay grade, or to a housing facility under the
jurisdiction of a uniformed service that does not meet such standards,
may elect not to occupy such quarters or facility and instead to
receive the basic allowance for quarters prescribed for his pay grade
by this section.''.
(b) Effective Date.--The amendments made by this section shall take
effect on July 1, 1996.
SEC. 603. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE
UNIFORMED SERVICES IN PAY GRADE E-6 WHO ARE ASSIGNED TO
SEA DUTY.
(a) Payment Authorized.--Section 403(c)(2) of title 37, United
States Code, is amended--
(1) in the first sentence, by striking out ``E-7'' and
inserting in lieu thereof ``E-6''; and
(2) in the second sentence, by striking out ``E-6'' and
inserting in lieu thereof ``E-5''.
(b) Effective Date.--The amendments made by this section shall take
effect on July 1, 1996.
SEC. 604. LIMITATION ON REDUCTION OF VARIABLE HOUSING ALLOWANCE FOR
CERTAIN MEMBERS.
(a) Limitation on Reduction in VHA.--Subsection (c)(3) of section
403a of title 37, United States Code, is amended by adding at the end
the following new sentence: ``However, on and after January 1, 1996,
the monthly amount of a variable housing allowance under this section
for a member of a uniformed service with respect to an area may not be
reduced so long as the member retains uninterrupted eligibility to
receive a variable housing allowance within that area and the member's
certified housing costs are not reduced, as indicated by certifications
provided by the member under subsection (b)(4).''.
(b) Effect on Total Amount Available for VHA.--Subsection (d)(3) of
such section is amended by inserting after the first sentence the
following new sentence: ``In addition, the total amount determined
under paragraph (1) shall be adjusted to ensure that sufficient amounts
are available to allow payment of any additional amounts of variable
housing allowance necessary as a result of the requirements of the
second sentence of subsection (c)(3).''.
(c) Report on Implementation.--Not later than June 1, 1996, the
Secretary of Defense shall submit to Congress a report describing the
procedures to be used to implement the amendments made by this section
and the costs of such amendments.
SEC. 605. CLARIFICATION OF LIMITATION ON ELIGIBILITY FOR FAMILY
SEPARATION ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is amended by
inserting ``paragraph (1)(A) of'' after ``not entitled to an allowance
under'' in the first sentence.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1997''.
(b) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1997''.
(c) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1997''.
(d) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof ``September 30,
1997''.
(e) Prior Service Enlistment Bonus.--Section 308i(i) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1997''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY FOR NURSE
OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE
ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1996'' and inserting in lieu thereof ``September 30, 1997''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September
30, 1996'' and inserting in lieu thereof ``September 30, 1997''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1996'' and inserting in lieu thereof ``September 30,
1997''.
SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37,
United States Code, is amended by striking out ``September 30, 1996,''
and inserting in lieu thereof ``September 30, 1997''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1996'' and inserting in lieu thereof ``September 30, 1997''.
(c) Enlistment Bonuses for Critical Skills.--Sections 308a(c) and
308f(c) of title 37, United States Code, are each amended by striking
out ``September 30, 1996'' and inserting in lieu thereof ``September
30, 1997''.
(d) Special Pay for Enlisted Members of the Selected Reserve
Assigned to Certain High Priority Units.--Section 308d(c) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1997''.
(e) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking out ``October 1, 1996'' and
inserting in lieu thereof ``October 1, 1997''.
(f) Special Pay for Critically Short Wartime Health Specialists in
the Selected Reserves.--Section 613(d) of the National Defense
Authorization Act, Fiscal Year 1989 (37 U.S.C. 302 note) is amended by
striking out ``September 30, 1996'' and inserting in lieu thereof
``September 30, 1997''.
(g) Special Pay for Nuclear Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1996'' and inserting in lieu
thereof ``September 30, 1997''.
(h) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1996''
and inserting in lieu thereof ``September 30, 1997''.
(i) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking out ``October 1,
1996'' and inserting in lieu thereof ``October 1, 1997''.
SEC. 614. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT OFFICERS AND
ENLISTED MEMBERS SERVING AS AIR WEAPONS CONTROLLERS.
Section 301 of title 37, United States Code, is amended--
(1) in subsection (a)(11), by striking out ``an officer
(other than a warrant officer)'' and inserting in lieu thereof
``a member of a uniformed service''; and
(2) in subsection (c)(2)--
(A) by striking out ``an officer'' each place it
appears and inserting in lieu thereof ``a member'';
(B) in subparagraph (A), by striking out the table
and inserting in lieu thereof the following:
----------------------------------------------------------------------------------------------------------------
Years of service as an air weapons controller
-------------------------------------------------------------------------------
``Pay grade 2 or
less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10
----------------------------------------------------------------------------------------------------------------
``O-7 and above................. $200 $200 $200 $200 $200 $200 $200
``O-6........................... 225 250 300 325 350 350 350
``O-5........................... 200 250 300 325 350 350 350
``O-4........................... 175 225 275 300 350 350 350
``O-3........................... 125 156 188 206 350 350 350
``O-2........................... 125 156 188 206 250 300 300
``O-1........................... 125 156 188 206 250 250 250
``W-4........................... 200 225 275 300 325 325 325
``W-3........................... 175 225 275 300 325 325 325
``W-2........................... 150 200 250 275 325 325 325
``W-1........................... 100 125 150 175 325 325 325
``E-9........................... 200 225 250 275 300 300 300
``E-8........................... 200 225 250 275 300 300 300
``E-7........................... 175 200 225 250 275 275 275
``E-6........................... 156 175 200 225 250 250 250
``E-5........................... 125 156 175 188 200 200 200
``E-4 and below................. 125 156 175 188 200 200 200
-------------------------------------------------------------------------------
Over 12 Over 14 Over 16 Over 18 Over 20 Over 22 Over 24 Over 25
-------------------------------------------------------------------------------
``O-7 and above................. $200 $200 $200 $200 $200 $200 $200 $110
``O-6........................... 350 350 350 350 300 250 250 225
``O-5........................... 350 350 350 350 300 250 250 225
``O-4........................... 350 350 350 350 300 250 250 225
``O-3........................... 350 350 350 300 275 250 225 200
``O-2........................... 300 300 300 275 245 210 200 180
``O-1........................... 250 250 250 245 210 200 180 150
``W-4........................... 325 325 325 325 276 250 225 200
``W-3........................... 325 325 325 325 325 250 225 200
``W-2........................... 325 325 325 325 275 250 225 200
``W-1........................... 325 325 325 325 275 250 225 200
``E-9........................... 300 300 300 300 275 230 200 200
``E-8........................... 300 300 300 300 265 230 200 200
``E-7........................... 300 300 300 300 265 230 200 200
``E-6........................... 300 300 300 300 265 230 200 200
``E-5........................... 250 250 250 250 225 200 175 150
``E-4 and below................. 200 200 200 200 175 150 125 125'';
----------------------------------------------------------------------------------------------------------------
and
(C) in subparagraph (B), by striking out ``the
officer'' each place it appears and inserting in lieu
thereof ``the member''.
SEC. 615. AVIATION CAREER INCENTIVE PAY.
(a) Years of Operational Flying Duties Required.--Paragraph (4) of
section 301a(a) of title 37, United States Code, is amended in the
first sentence by striking out ``9'' and inserting in lieu thereof
``8''.
(b) Exercise of Waiver Authority.--Paragraph (5) of such section is
amended by inserting after the second sentence the following new
sentence: ``The Secretary concerned may not delegate the authority in
the preceding sentence to permit the payment of incentive pay under
this subsection.''.
SEC. 616. CLARIFICATION OF AUTHORITY TO PROVIDE SPECIAL PAY FOR NURSES.
Section 302c(d)(1) of title 37, United States Code, is amended--
(1) by striking out ``or an officer'' and inserting in lieu
thereof ``an officer''; and
(2) by inserting before the semicolon the following: ``, an
officer of the Nurse Corps of the Army or Navy, or an officer
of the Air Force designated as a nurse''.
SEC. 617. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREW MEMBERS OF
SHIPS DESIGNATED AS TENDERS.
Section 305a(d)(1) of title 37, United States Code, is amended by
striking out subparagraph (A) and inserting in lieu thereof the
following:
``(A) while permanently or temporarily assigned to a ship,
ship-based staff, or ship-based aviation unit and--
``(i) while serving on a ship the primary mission
of which is accomplished while under way;
``(ii) while serving as a member of the off-crew of
a two-crewed submarine; or
``(iii) while serving as a member of a tender-class
ship (with the hull classification of submarine or
destroyer); or''.
SEC. 618. INCREASE IN MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT PAY FOR
ENLISTED MEMBERS SERVING AS RECRUITERS.
(a) Special Maximum Rate for Recruiters.--Section 307(a) of title
37, United States Code, is amended by adding at the end the following
new sentence: ``In the case of a member who is serving as a military
recruiter and is eligible for special duty assignment pay under this
subsection by reason of such duty, the Secretary concerned may increase
the monthly rate of special duty assignment pay for the member to not
more than $375.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1996.
Subtitle C--Travel and Transportation Allowances
SEC. 621. CALCULATION ON BASIS OF MILEAGE TABLES OF SECRETARY OF
DEFENSE: REPEAL OF REQUIREMENT.
Section 404(d)(1)(A) of title 37, United States Code, is amended by
striking out ``, based on distances established over the shortest
usually traveled route, under mileage tables prepared under the
direction of the Secretary of Defense''.
SEC. 622. DEPARTURE ALLOWANCES.
(a) Eligibility When Evacuation Authorized But Not Ordered.--
Section 405a(a) of title 37, United States Code, is amended by striking
out ``ordered'' each place it appears and inserting in lieu thereof
``authorized or ordered''.
(b) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect on October 1, 1995, and shall apply to
persons authorized or ordered to depart as described in section 405a(a)
of title 37, United States Code, on or after such date.
SEC. 623. DISLOCATION ALLOWANCE FOR MOVES RESULTING FROM A BASE CLOSURE
OR REALIGNMENT.
Section 407(a) of title 37, United States Code, is amended by--
(1) by striking out ``or'' at the end of paragraph (3);
(2) by striking out the period at the end of paragraph (4)
and inserting in lieu thereof ``; or''; and
(3) by adding at the end the following:
``(5) the member is ordered to move in connection with the
closure or realignment of a military installation and, as a
result, the member's dependents actually move or, in the case
of a member without dependents, the member actually moves.''.
SEC. 624. TRANSPORTATION OF NONDEPENDENT CHILD FROM SPONSOR'S STATION
OVERSEAS AFTER LOSS OF DEPENDENT STATUS WHILE OVERSEAS.
Section 406(h)(1) of title 37, United States Code, is amended by
striking out the last sentence and inserting in lieu thereof the
following new sentence: ``If a member receives for an unmarried child
of the member transportation in kind to the member's station outside
the United States or in Hawaii or Alaska, reimbursement therefor, or a
monetary allowance in place thereof and, while the member is serving at
that station, the child ceases to be a dependent of the member by
reason of ceasing to satisfy an age requirement in section 401(a)(2) of
this title or ceasing to be enrolled in an institution of higher
education as described in subparagraph (C) of such section, the child
shall be treated as a dependent of the member for purposes of this
subsection.''.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 631. USE OF COMMISSARY STORES BY MEMBERS OF THE READY RESERVE.
(a) Period of Use.--Section 1063 of title 10, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) by inserting ``for a period of one year on the
same basis as members on active duty'' before the
period at the end of the first sentence; and
(B) by striking out the second sentence;
(2) by striking out subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Conforming and Clerical Amendments.--(1) The heading for such
section is amended to read as follows:
``Sec. 1063. Commissary stores: use by members of the Ready Reserve''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 54 of title 10, United State Code, is amended
to read as follows:
``1063. Commissary stores: use by members of the Ready Reserve.''.
SEC. 632. USE OF COMMISSARY STORES BY RETIRED RESERVES UNDER AGE 60 AND
THEIR SURVIVORS.
(a) Eligibility.--Section 1064 of title 10, United States Code, is
amended to read as follows:
``Sec. 1064. Commissary stores: use by retired Reserves under age 60
and their survivors
``(a) Retired Reserves Under Age 60.--Members of the reserve
components under 60 years of age who, but for age, would be eligible
for retired pay under chapter 1223 of this title (or under chapter 67
of this title as in effect before December 1, 1994) shall be authorized
to use commissary stores of the Department of Defense on the same basis
as members and former members of the armed forces who have retired
entitled to retired or retainer pay under chapter 367, 571, or 867 of
this title.
``(b) Survivors.--If a person authorized to use commissary stores
under subsection (a) dies before attaining 60 years of age, the
surviving dependents of the deceased person shall be authorized to use
commissary stores of the Department of Defense on the same basis as the
surviving dependents of persons who die after being retired entitled to
retired or retainer pay under chapter 367, 571, or 867 of this title.
``(c) Use Subject to Regulations.--Use of commissary stores under
this section is subject to regulations prescribed by the Secretary of
Defense.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 54 of title 10, United
States Code, is amended to read as follows:
``1064. Commissary stores: use by retired Reserves under age 60 and
their survivors.''.
SEC. 633. USE OF MORALE, WELFARE, AND RECREATION FACILITIES BY MEMBERS
OF RESERVE COMPONENTS AND DEPENDENTS: CLARIFICATION OF
ENTITLEMENT.
Section 1065 of title 10, United States Code, is amended to read as
follows:
``Sec. 1065. Use of certain morale, welfare, and recreation facilities
by members of reserve components and dependents
``(a) Members of the Selected Reserve.--Members of the Selected
Reserve in good standing (as determined by the Secretary concerned)
shall be permitted to use MWR retail facilities on the same basis as
members on active duty.
``(b) Members of Ready Reserve Not in Selected Reserve.--Subject to
such regulations as the Secretary of Defense may prescribe, members of
the Ready Reserve (other than members of the Selected Reserve) may be
permitted to use MWR retail facilities on the same basis as members
serving on active duty.
``(c) Retirees Under Age 60.--Members of the reserve components
under 60 years of age who, but for age, would be eligible for retired
pay under chapter 1223 of this title (or under chapter 67 of this title
as in effect before December 1, 1994) shall be permitted to use MWR
retail facilities on the same basis as members and former members of
the armed forces who have retired entitled to retired or retainer pay
under chapter 367, 571, or 867 of this title.
``(d) Dependents.--(1) Dependents of members referred to in
subsection (a) shall be permitted to use MWR retail facilities on the
same basis as dependents of members on active duty.
``(2) Dependents of members referred to in subsection (c) shall be
permitted to use MWR retail facilities on the same basis as dependents
of members and former members of the armed forces who have retired
entitled to retired or retainer pay under chapter 367, 571, or 867 of
this title.
``(e) MWR Retail Facility Defined.--In this section, the term `MWR
retail facilities' means exchange stores and other revenue generating
facilities operated by nonappropriated fund activities of the
Department of Defense for the morale, welfare, and recreation of
members of the armed forces.''.
Subtitle E--Other Matters
SEC. 641. COST-OF-LIVING INCREASES FOR RETIRED PAY.
(a) Modification of Delays.--Clause (ii) of section 1401a(b)(2)(B)
of title 10, United States Code, is amended--
(1) by striking out ``1994, 1995, 1996, or 1997'' and
inserting in lieu thereof ``1994 or 1995''; and
(2) by striking out ``September'' and inserting in lieu
thereof ``March''.
(b) Conforming Amendment.--The captions for such section
1401a(2)(B) and for clause (ii) of such section are amended by striking
out ``through 1998'' and inserting in lieu thereof ``through 1996''.
(c) Repeal of Superseded Provision.--Section 8114A of Public Law
103-335 (108 Stat. 2648) is repealed.
SEC. 642. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE DENIED
FOR MEMBERS RECEIVING CERTAIN SENTENCES IN COURTS-
MARTIAL.
Section 12731 of title 10, United States Code, is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) A person who is convicted of an offense under the Uniform
Code of Military Justice (chapter 47 of this title), and whose executed
sentence includes death, a dishonorable discharge, a bad conduct
discharge, or (in the case of an officer) a dismissal is not eligible
for retired pay under this chapter.''.
SEC. 643. RECOUPMENT OF ADMINISTRATIVE EXPENSES IN GARNISHMENT ACTIONS.
(a) In General.--Subsection (j) of section 5520a of title 5, United
States Code, is amended by striking out paragraph (2) and inserting in
lieu thereof the following new paragraph (2):
``(2) Such regulations shall provide that an agency's
administrative costs in executing legal process to which the agency is
subject under this section shall be deducted from the amount withheld
from the pay of the employee concerned pursuant to the legal
process.''.
(b) Involuntary Allotments of Pay of Members of the Uniformed
Services.--Subsection (k) of such section is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Regulations under this subsection may also provide that the
administrative costs in establishing and maintaining an involuntary
allotment be deducted from the amount withheld from the pay of the
member of the uniformed services concerned pursuant to such
regulations.''.
(c) Disposition of Amounts Withheld for Administrative Expenses.--
Such section is further amended by adding at the end the following:
``(l) The amount of an agency's administrative costs deducted under
regulations prescribed pursuant to subsection (j)(2) or (k)(2) shall be
credited to the appropriation, fund, or account from which such
administrative costs were paid.''.
SEC. 644. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN'S GROUP LIFE
INSURANCE.
Section 1967 of title 38, United States Code, is amended--
(1) in subsections (a) and (c), by striking out
``$100,000'' each place it appears and inserting in lieu
thereof in each instance ``$200,000'';
(2) by striking out subsection (e); and
(3) by redesignating subsection (f) as subsection (e).
SEC. 645. TERMINATION OF SERVICEMEN'S GROUP LIFE INSURANCE FOR MEMBERS
OF THE READY RESERVE WHO FAIL TO PAY PREMIUMS.
Section 1968(a)(4) of title 38, United States Code, is amended--
(1) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof a semicolon; and
(2) by adding at the end the following:
``except that, if the member fails to make a direct remittance
of a premium for the insurance to the Secretary when required
to do so, the insurance shall cease with respect to the member
120 days after the date on which the Secretary transmits a
notification of the termination by mail addressed to the member
at the member's last known address, unless the Secretary
accepts from the member full payment of the premiums in arrears
within such 120-day period.''.
SEC. 646. REPORT ON EXTENDING TO JUNIOR NONCOMMISSIONED OFFICERS
PRIVILEGES PROVIDED FOR SENIOR NONCOMMISSIONED OFFICERS.
(a) Report Required.--Not later than February 1, 1996, the
Secretary of Defense shall submit to Congress a report containing the
determinations of the Secretary regarding whether, in order to improve
the working conditions of noncommissioned officers in pay grades E-5
and E-6, any of the privileges afforded noncommissioned officers in any
of the pay grades above E-6 should be extended to noncommissioned
officers in pay grades E-5 and E-6.
(b) Specific Recommendation Regarding Election of BAS.--The
Secretary shall include in the report a determination on whether
noncommissioned officers in pay grades E-5 and E-6 should be afforded
the same privilege as noncommissioned officers in pay grades above E-6
to elect to mess separately and receive the basic allowance for
subsistence.
(c) Additional Matters.--The report shall also contain a discussion
of the following matters:
(1) The potential costs of extending additional privileges
to noncommissioned officers in pay grades E-5 and E-6.
(2) The effects on readiness that would result from
extending the additional privileges.
(3) The options for extending the privileges on an
incremental basis over an extended period.
(d) Recommended Legislation.--The Secretary shall include in the
report any recommended legislation that the Secretary considers
necessary in order to authorize extension of a privilege as determined
appropriate under subsection (a).
SEC. 647. PAYMENT TO SURVIVORS OF DECEASED MEMBERS OF THE UNIFORMED
SERVICES FOR ALL LEAVE ACCRUED.
(a) Inapplicability of 60-Day Limitation.--Section 501(d) of title
37, United States Code, is amended--
(1) in paragraph (1), by striking out the third sentence;
and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2) The limitations in the second sentence of subsection (b)(3),
subsection (f), and the second sentence of subsection (g) shall not
apply with respect to a payment made under this subsection.''.
(b) Conforming Amendment.--Section 501(f) of such title is amended
by striking out ``, (d),'' in the first sentence.
SEC. 648. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES.
(a) Study Required.--(1) The Secretary of Defense shall conduct a
study to determine the quantitative results (described in subsection
(b)) of enactment and exercise of authority for the Secretary of the
military department concerned to pay an annuity to the qualified
surviving spouse of each member of the Armed Forces who--
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component of the Armed Forces
during the period beginning on September 21, 1972, and ending
on October 1, 1978, and at the time of his death would have
been entitled to retired pay under chapter 67 of title 10,
United States Code (as in effect before December 1, 1994), but
for the fact that he was under 60 years of age.
(2) A qualified surviving spouse for purposes of paragraph (1) is a
surviving spouse who has not remarried and who is not eligible for an
annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note).
(b) Required Determinations.--By means of the study required under
subsection (a), the Secretary shall determine the following matters:
(1) The number of unremarried surviving spouses of deceased
members and deceased former members of the Armed Forces
referred to in subparagraph (A) of subsection (a)(1) who would
be eligible for an annuity under authority described in such
subsection.
(2) The number of unremarried surviving spouses of deceased
members and deceased former members of reserve components of
the Armed Forces referred to in subparagraph (B) of subsection
(a)(1) who would be eligible for an annuity under authority
described in such subsection.
(3) The number of persons in each group of unremarried
former spouses described in paragraphs (1) and (2) who are
receiving a widow's insurance benefit or a widower's insurance
benefit under title II of the Social Security Act on the basis
of employment of a deceased member or deceased former member
referred to in subsection (a)(1).
(c) Report.--(1) Not later than March 1, 1996, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
a report on the results of the study.
(2) The Secretary shall include in the report a recommendation on
the amount of the annuity that should be authorized to be paid under
any authority described in subsection (a)(1) together with a
recommendation on whether the annuity should be adjusted annually to
offset increases in the cost of living.
SEC. 649. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF THE
ARMED FORCES SEPARATED FOR DEPENDENT ABUSE.
(a) Clarification of Entitlement.--Section 1059(d) of title 10,
United States Code, is amended by striking out ``of a separation from
active duty as'' in the first sentence.
(b) Effective Date for Program Authority.--Section 554(b)(1) of the
National Defense Authorization Act for Fiscal Year 1994 (107 Stat.
1666; 10 U.S.C. 1059 note) is amended by striking out ``the date of the
enactment of this Act--'' and inserting in lieu thereof ``April 1,
1994--''.
TITLE VII--HEALTH CARE
Subtitle A--Health Care Services
SEC. 701. MEDICAL CARE FOR SURVIVING DEPENDENTS OF RETIRED RESERVES WHO
DIE BEFORE AGE 60.
Section 1076(b) of title 10, United States Code, is amended--
(1) in clause (2)--
(A) by striking out ``death (A) would'' and
inserting in lieu thereof ``death would''; and
(B) by striking out ``, and (B) had elected to
participate in the Survivor Benefit Plan established
under subchapter II of chapter 73 of this title''; and
(2) in the second sentence, by striking out ``without
regard to subclause (B) of such clause''.
SEC. 702. DENTAL INSURANCE FOR MEMBERS OF THE SELECTED RESERVE.
(a) Program Authorization.--(1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1076a the following
new section:
``Sec. 1076b. Selected Reserve dental insurance
``(a) Authority To Establish Plan.--The Secretary of Defense shall
establish a dental insurance plan for members of the Selected Reserve
of the Ready Reserve. The plan shall provide for voluntary enrollment
and for premium sharing between the Department of Defense and the
members enrolled in the plan. The plan shall be administered under
regulations prescribed by the Secretary of Defense.
``(b) Premium Sharing.--(1) A member enrolling in the dental
insurance plan shall pay a share of the premium charged for the
insurance coverage. The member's share may not exceed $25 per month.
``(2) The Secretary of Defense may reduce the monthly premium
required to be paid by enlisted members under paragraph (1) if the
Secretary determines that the reduction is appropriate in order to
assist enlisted members to participate in the dental insurance plan.
``(3) A member's share of the premium for coverage by the dental
insurance plan shall be deducted and withheld from the basic pay
payable to the member for inactive duty training and from the basic pay
payable to the member for active duty.
``(4) The Secretary of Defense shall pay the portion of the premium
charged for coverage of a member under the dental insurance plan that
exceeds the amount paid by the member.
``(c) Benefits Available Under the Plan.--The dental insurance plan
shall provide benefits for basic dental care and treatment, including
diagnostic services, preventative services, basic restorative services,
and emergency oral examinations.
``(d) Termination of Coverage.--The coverage of a member by the
dental insurance plan shall terminate on the last day of the month in
which the member is discharged, transfers to the Individual Ready
Reserve, Standby Reserve, or Retired Reserve, or is ordered to active
duty for a period of more than 30 days.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1076a the
following:
``1076b. Selected Reserve dental insurance.''.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated under section 301(16), $9,000,000 shall be available to
pay the Department of Defense share of the premium required for members
covered by the dental insurance plan established pursuant to section
1076b of title 10, United States Code, as added by subsection (a).
SEC. 703. MODIFICATION OF REQUIREMENTS REGARDING ROUTINE PHYSICAL
EXAMINATIONS AND IMMUNIZATIONS UNDER CHAMPUS.
Section 1079(a) of title 10, United States Code, is amended by
striking out paragraph (2) and inserting in lieu thereof the following
new paragraph:
``(2) consistent with such regulations as the Secretary of
Defense may prescribe regarding the content of health promotion
and disease prevention visits, the schedule of pap smears and
mammograms, and the types and schedule of immunizations--
``(A) for dependents under six years of age, both
health promotion and disease prevention visits and
immunizations may be provided; and
``(B) for dependents six years of age or older,
health promotion and disease prevention visits may be
provided in connection with immunizations or with
diagnostic or preventive pap smears and mammograms;''.
SEC. 704. PERMANENT AUTHORITY TO CARRY OUT SPECIALIZED TREATMENT
FACILITY PROGRAM.
Section 1105 of title 10, United States Code, is amended by
striking out subsection (h).
SEC. 705. WAIVER OF MEDICARE PART B LATE ENROLLMENT PENALTY AND
ESTABLISHMENT OF SPECIAL ENROLLMENT PERIOD FOR CERTAIN
MILITARY RETIREES AND DEPENDENTS.
Section 1837 of the Social Security Act (42 U.S.C. 1395p) is
amended by adding at the end the following new subsection:
``(j)(1) The Secretary shall make special provisions for the
enrollment of an individual who is a covered beneficiary under chapter
55 of title 10, United States Code, and who is affected adversely by
the closure of a military medical treatment facility of the Department
of Defense pursuant to a closure or realignment of a military
installation.
``(2) The special enrollment provisions required by paragraph (1)
shall be established in regulations issued by the Secretary. The
regulations shall--
``(A) identify individuals covered by paragraph (1) in
accordance with regulations providing for such identification
that are prescribed by the Secretary of Defense;
``(B) provide for a special enrollment period of at least
90 days to be scheduled at some time proximate to the date on
which the military medical treatment facility involved is
scheduled to be closed; and
``(C) provide that, with respect to individuals who enroll
pursuant to paragraph (1), the increase in premiums under
section 1839(b) due to late enrollment under this part shall
not apply.
``(3) For purposes of this subsection--
``(A) the term `covered beneficiary' has the meaning given
such term in section 1072(5) of title 10, United States Code;
``(B) the term `military medical treatment facility' means
a facility of a uniformed service referred to in section
1074(a) of title 10, United States Code, in which health care
is provided; and
``(C) the terms `military installation' and `realignment'
have the meanings given such terms--
``(i) in section 209 of the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note), in the case of a closure or
realignment under title II of such Act;
``(ii) in section 2910 of the Defense Base Closure
and Realignment Act of 1990 (title XXIX of Public Law
101-510; 10 U.S.C. 2687 note), in the case of a closure
or realignment under such Act; or
``(iii) in subsection (e) of section 2687 of title
10, United States Code, in the case of a closure or
realignment under such section.''.
Subtitle B--TRICARE Program
SEC. 711. DEFINITION OF TRICARE PROGRAM AND OTHER TERMS.
In this subtitle:
(1) The term ``TRICARE program'' means the managed health
care program that is established by the Secretary of Defense
under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite
the delivery of health care services under the Civilian Health
and Medical Program of the Uniformed Services.
(2) The term ``covered beneficiary'' means a beneficiary
under chapter 55 of title 10, United States Code, including a
beneficiary under section 1074(a) of such title.
(3) The term ``Uniformed Services Treatment Facility''
means a facility deemed to be a facility of the uniformed
services by virtue of section 911(a) of the Military
Construction Authorization Act, 1982 (42 U.S.C. 248c(a)).
(4) The term ``administering Secretaries'' has the meaning
given such term in section 1072(3) of title 10, United States
Code.
SEC. 712. PROVISION OF TRICARE UNIFORM BENEFITS BY UNIFORMED SERVICES
TREATMENT FACILITIES.
(a) Requirement.--Subject to subsection (b), upon the
implementation of the TRICARE program in the catchment area served by a
Uniformed Services Treatment Facility, the facility shall provide to
the covered beneficiaries enrolled in a health care plan of such
facility the same health care benefits (subject to the same conditions
and limitations) as are available to covered beneficiaries in that area
under the TRICARE program.
(b) Effect on Current Enrollees.--(1) A covered beneficiary who has
been continuously enrolled on and after October 1, 1995, in a health
care plan offered by a Uniformed Services Treatment Facility pursuant
to a contract between the Secretary of Defense and the facility may
elect to continue to receive health care benefits in accordance with
the plan instead of benefits in accordance with subsection (a).
(2) The Uniform Services Treatment Facility concerned shall
continue to provide benefits to a covered beneficiary in accordance
with an election of benefits by that beneficiary under paragraph (1).
The requirement to do so shall terminate on the effective date of any
contract between the Secretary of Defense and the facility that--
(A) is entered into on or after the date of the election;
and
(B) requires the health care plan offered by the facility
for covered beneficiaries to provide health care benefits in
accordance with subsection (a).
SEC. 713. SENSE OF SENATE ON ACCESS OF MEDICARE ELIGIBLE BENEFICIARIES
OF CHAMPUS TO HEALTH CARE UNDER TRICARE.
It is the sense of the Senate--
(1) that the Secretary of Defense should develop a program
to ensure that covered beneficiaries who are eligible for
medicare under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) and who reside in a region in which the
TRICARE program has been implemented have adequate access to
health care services after the implementation of the TRICARE
program in that region; and
(2) to support strongly, as a means of ensuring such
access, the reimbursement of the Department of Defense by the
Secretary of Health and Human Services for health care services
provided such beneficiaries at the medical treatment facilities
of the Department of Defense.
SEC. 714. PILOT PROGRAM OF INDIVIDUALIZED RESIDENTIAL MENTAL HEALTH
SERVICES.
(a) Program Required.--During fiscal year 1996, the Secretary of
Defense, in consultation with the other administering Secretaries,
shall carry out a pilot program for providing wraparound services to
covered beneficiaries who are children in need of mental health
services. The Secretary shall carry out the pilot program in one region
in which the TRICARE program has been implemented as of the beginning
of such fiscal year.
(b) Wraparound Services Defined.--For purposes of this section,
wraparound services are individualized mental health services that a
provider provides, principally in a residential setting but also with
follow-up services, in return for payment on a case rate basis. For
payment of the case rate for a patient, the provider incurs the risk
that it will be necessary for the provider to provide the patient with
additional mental health services intermittently or on a longer term
basis after completion of the services provided on a residential basis
under a treatment plan.
(c) Pilot Program Agreement.--Under the pilot program the Secretary
of Defense shall enter into an agreement with a provider of mental
health services that requires the provider--
(1) to provide wraparound services to covered beneficiaries
referred to in subsection (a);
(2) to continue to provide such services to each
beneficiary as needed during the period of the agreement even
if the patient relocates outside the TRICARE program region
involved (but inside the United States) during that period; and
(3) to accept as payment for such services an amount not in
excess of the amount of the standard CHAMPUS residential
treatment clinic benefit payable with respect to the covered
beneficiary concerned (as determined in accordance with section
8.1 of chapter 3 of volume II of the CHAMPUS policy manual).
(d) Report.--Not later than March 1, 1997, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the program carried out under this section. The report shall
contain--
(1) an assessment of the effectiveness of the program; and
(2) the Secretary's views regarding whether the program
should be implemented in all regions where the TRICARE program
is carried out.
Subtitle C--Uniformed Services Treatment Facilities
SEC. 721. DELAY OF TERMINATION OF STATUS OF CERTAIN FACILITIES AS
UNIFORMED SERVICES TREATMENT FACILITIES.
Section 1252(e) of the Department of Defense Authorization Act,
1984 (42 U.S.C. 248d(e)) is amended by striking out ``December 31,
1996'' in the first sentence and inserting in lieu thereof ``September
30, 1997''.
SEC. 722. APPLICABILITY OF FEDERAL ACQUISITION REGULATION TO
PARTICIPATION AGREEMENTS WITH UNIFORMED SERVICES
TREATMENT FACILITIES.
Section 718(c) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1587) is amended--
(1) in the second sentence of paragraph (1), by striking
out ``A participation agreement'' and inserting in lieu thereof
``Except as provided in paragraph (4), a participation
agreement'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Applicability of federal acquisition regulation.--On
and after the date of enactment of the National Defense
Authorization Act for Fiscal Year 1996, the Federal Acquisition
Regulation issued pursuant to section 25(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 421(c)) shall apply
to any action to modify an existing participation agreement and
to any action by the Secretary of Defense and a Uniformed
Services Treatment Facility to enter into a new participation
agreement.''.
SEC. 723. APPLICABILITY OF CHAMPUS PAYMENT RULES IN CERTAIN CASES.
Section 1074 of title 10, United States Code, is amended by adding
at the end the following:
``(d)(1) The Secretary of Defense, after consultation with the
other administering Secretaries, may by regulation require a private
CHAMPUS provider to apply the CHAMPUS payment rules (subject to any
modifications considered appropriate by the Secretary) in imposing
charges for health care that the provider provides outside the
catchment area of a Uniformed Services Treatment Facility to a member
of the uniformed services who is enrolled in a health care plan of the
Uniformed Services Treatment Facility.
``(2) In this subsection:
``(A) The term `private CHAMPUS provider' means a private
facility or health care provider that is a health care provider
under the Civilian Health and Medical Program of the Uniformed
Services.
``(B) The term `CHAMPUS payment rules' means the payment
rules referred to in subsection (c).
``(C) The term `Uniformed Services Treatment Facility'
means a facility deemed to be a facility of the uniformed
services under section 911(a) of the Military Construction
Authorization Act, 1982 (42 U.S.C. 248c(a)).''.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. INVESTMENT INCENTIVE FOR MANAGED HEALTH CARE IN MEDICAL
TREATMENT FACILITIES.
(a) Availability of 3 Percent of Appropriations for Two Fiscal
Years.--Chapter 55 of title 10, United States Code, is amended by
inserting after section 1071 the following new section:
``Sec. 1071a. Availability of appropriations
``Of the total amount authorized to be appropriated for a fiscal
year for programs and activities carried out under this chapter, the
amount equal to three percent of such total amount is authorized to be
appropriated to remain available until the end of the following fiscal
year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended by inserting
after the item relating to section 1071 the following:
``1071a. Availability of appropriations.''.
SEC. 732. REVISION AND CODIFICATION OF LIMITATIONS ON PHYSICIAN
PAYMENTS UNDER CHAMPUS.
(a) In General.--Section 1079(h) of title 10, United States Code,
is amended to read as follows:
``(h)(1) Subject to paragraph (2), payment for a charge for
services by an individual health care professional (or other
noninstitutional health care provider) for which a claim is submitted
under a plan contracted for under subsection (a) shall be limited to
the lesser of--
``(A) the amount equivalent to the 80th percentile of
billed charges, as determined by the Secretary of Defense in
consultation with the other administering Secretaries, for
similar services in the same locality during a 12-month base
period that the Secretary shall define and may adjust as
frequently as the Secretary considers appropriate; or
``(B) the amount payable for charges for such services (or
similar services) under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) as determined in accordance with the
reimbursement rules applicable to payments for medical and
other health services under that title.
``(2) The amount to be paid to an individual health care
professional (or other noninstitutional health care provider) shall be
determined under regulations prescribed by the Secretary of Defense in
consultation with the other administering Secretaries. Such
regulations--
``(A) may provide for such exceptions from the limitation
on payments set forth in paragraph (1) as the Secretary
determines necessary to ensure that covered beneficiaries have
adequate access to health care services, including payment of
amounts greater than the amounts otherwise payable under that
paragraph when enrollees in managed care programs obtain
covered emergency services from nonparticipating providers; and
``(B) shall establish limitations (similar to those
established under title XVIII of the Social Security Act) on
beneficiary liability for charges of an individual health care
professional (or other noninstitutional health care
provider).''.
(b) Transition.--In prescribing regulations under paragraph (2) of
section 1079(h) of title 10, United States Code, as amended by
subsection (a), the Secretary of Defense shall provide--
(1) for a period of transition between the payment
methodology in effect under section 1079(h) of such title, as
such section was in effect on the day before the date of the
enactment of this Act, and the payment methodology under
section 1079(h) of such title, as so amended; and
(2) that the amount payable under such section 1079(h), as
so amended, for a charge for a service under a claim submitted
during the period may not be less than 85 percent of the
maximum amount that was payable under such section 1079(h), in
effect on the day before the date of the enactment of this Act,
for charges for the same service during the 1-year period (or a
period of other duration that the Secretary considers
appropriate) ending on the day before such date.
SEC. 733. PERSONAL SERVICES CONTRACTS FOR MEDICAL TREATMENT FACILITIES
OF THE COAST GUARD.
(a) Contracting Authority.--Section 1091(a) of title 10, United
States Code, is amended--
(1) by inserting after ``Secretary of Defense'' the
following: ``, with respect to medical treatment facilities of
the Department of Defense, and the Secretary of Transportation,
with respect to medical treatment facilities of the Coast Guard
when the Coast Guard is not operating as a service in the
Navy,''; and
(2) by striking out ``medical treatment facilities of the
Department of Defense'' and inserting in lieu thereof ``such
facilities''.
(b) Ratification of Existing Contracts.--Any exercise of authority
under section 1091 of title 10, United States Code, to enter into a
personal services contract on behalf of the Coast Guard before the
effective date of the amendments made by subsection (a) is hereby
ratified.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the earlier of the date of the enactment of this Act or
October 1, 1995.
SEC. 734. DISCLOSURE OF INFORMATION IN MEDICARE AND MEDICAID COVERAGE
DATA BANK TO IMPROVE COLLECTION FROM RESPONSIBLE PARTIES
FOR HEALTH CARE SERVICES FURNISHED UNDER CHAMPUS.
(a) Purpose of Data Bank.--Subsection (a) of section 1144 of the
Social Security Act (42 U.S.C. 1320b-14) is amended--
(1) by striking out ``and'' at the end of the paragraph
(1);
(2) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``, and''; and
(3) by adding at the end the following:
``(3) assist in the identification of, and collection from,
third parties responsible for the reimbursement of the costs
incurred by the United States for health care services
furnished to individuals who are covered beneficiaries under
chapter 55 of title 10, United States Code, upon request by the
administering Secretaries.''.
(b) Authority To Disclose Information.--Subsection (b)(2) of such
section is amended--
(1) by striking out ``and'' at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph
(B) and inserting in lieu thereof ``, and''; and
(3) by adding at the end the following:
``(C) (subject to the restriction in subsection
(c)(7) of this section) to disclose any other
information in the Data Bank to the administering
Secretaries for purposes described in subsection (a)(3)
of this section.''.
(c) Definition.--Subsection (f) of such section is amended by
adding at the end the following:
``(5) Administering secretaries.--The term `administering
Secretaries' shall have the meaning given to such term by
section 1072(3) of title 10, United States Code.''.
Subtitle E--Other Matters
SEC. 741. TRISERVICE NURSING RESEARCH.
(a) Program Authorized.--Chapter 104 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 2116. Research on the furnishing of care and services by nurses
of the armed forces
``(a) Program Authorized.--The Board of Regents of the University
may establish at the University a program of research on the furnishing
of care and services by nurses in the Armed Forces (hereafter in this
section referred to as `military nursing research'). A program carried
out under this section shall be known as the `TriService Nursing
Research Program'.
``(b) TriService Research Group.--(1) The TriService Nursing
Research Program shall be administered by a TriService Nursing Research
Group composed of Army, Navy, and Air Force nurses who are involved in
military nursing research and are designated by the Secretary concerned
to serve as members of the group.
``(2) The TriService Nursing Research Group shall--
``(A) develop for the Department of Defense recommended
guidelines for requesting, reviewing, and funding proposed
military nursing research projects; and
``(B) make available to Army, Navy, and Air Force nurses
and Department of Defense officials concerned with military
nursing research--
``(i) information about nursing research projects
that are being developed or carried out in the Army,
Navy, and Air Force; and
``(ii) expertise and information beneficial to the
encouragement of meaningful nursing research.
``(c) Research Topics.--For purposes of this section, military
nursing research includes research on the following issues:
``(1) Issues regarding how to improve the results of
nursing care and services provided in the armed forces in time
of peace.
``(2) Issues regarding how to improve the results of
nursing care and services provided in the armed forces in time
of war.
``(3) Issues regarding how to prevent complications
associated with battle injuries.
``(4) Issues regarding how to prevent complications
associated with the transporting of patients in the military
medical evacuation system.
``(5) Issues regarding how to improve methods of training
nursing personnel.
``(6) Clinical nursing issues, including such issues as
prevention and treatment of child abuse and spouse abuse.
``(7) Women's health issues.
``(8) Wellness issues.
``(9) Preventive medicine issues.
``(10) Home care management issues.
``(11) Case management issues.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by adding at the end the
following:
``2116. Research on the furnishing of care and services by nurses of
the armed forces.''.
SEC. 742. FISHER HOUSE TRUST FUNDS.
(a) Establishment.--(1) Chapter 131 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 2221. Fisher House trust funds
``(a) Establishment.--The following trust funds are established on
the books of the Treasury:
``(1) The Fisher House Trust Fund, Department of the Army.
``(2) The Fisher House Trust Fund, Department of the Air
Force.
``(b) Investment.--Funds in the trust funds may be invested in
securities of the United States. Earnings and gains realized from the
investment of funds in a trust fund shall be credited to the trust
fund.
``(c) Use of Funds.--(1) Amounts in the Fisher House Trust Fund,
Department of the Army, that are attributable to earnings or gains
realized from investments shall be available for operation and
maintenance of Fisher houses that are located in proximity to medical
treatment facilities of the Army.
``(2) Amounts in the Fisher House Trust Fund, Department of the Air
Force, that are attributable to earnings or gains realized from
investments shall be available for operation and maintenance of Fisher
houses that are located in proximity to medical treatment facilities of
the Air Force.
``(3) The use of funds under this section is subject to the
requirements of section 1321(b)(2) of title 31.
``(d) Fisher Houses Defined.--For purposes of this section, Fisher
houses are housing facilities that are located in proximity to medical
treatment facilities of the Army or Air Force and are available for
residential use on a temporary basis by patients at such facilities,
members of the family of such patients, and others providing the
equivalent of familial support for such patients.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2221. Fisher House trust funds.''.
(b) Corpus of Trust Funds.--(1) The Secretary of the Treasury
shall--
(A) close the accounts established with the funds that were
required by section 8019 of Public Law 102-172 (105 Stat. 1175)
and section 9023 of Public Law 102-396 (106 Stat. 1905) to be
transferred to an appropriated trust fund; and
(B) transfer the amounts in such accounts to the Fisher
House Trust Fund, Department of the Army, established by
subsection (a)(1) of section 2221 of title 10, United States
Code, as added by subsection (a).
(2) The Secretary of the Air Force shall transfer to the Fisher
House Trust Fund, Department of the Air Force, established by
subsection (a)(2) of section 2221 of title 10, United States Code (as
added by section (a)), all amounts in the accounts for Air Force
installations and other facilities that, as of the date of the
enactment of this Act, are available for operation and maintenance of
Fisher houses (as defined in subsection (c) of such section 2221).
(c) Conforming Amendments.--Section 1321 of title 31, United States
Code, is amended--
(1) by adding at the end of subsection (a) the following:
``(92) Fisher House Trust Fund, Department of the Army.
``(93) Fisher House Trust Fund, Department of the Air
Force.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) in the second sentence, by striking out
``Amounts accruing to these funds (except to the trust
fund `Armed Forces Retirement Home Trust Fund')'' and
inserting in lieu thereof ``Except as provided in
paragraph (2), amounts accruing to these funds'';
(C) by striking out the third sentence; and
(D) by adding at the end the following:
``(2) Expenditures from the following trust funds shall be made
only under annual appropriations and only if the appropriations are
specifically authorized by law:
``(A) Armed Forces Retirement Home Trust Fund.
``(B) Fisher House Trust Fund, Department of the Army.
``(C) Fisher House Trust Fund, Department of the Air
Force.''.
(d) Repeal of Superseded Provisions.--The following provisions of
law are repealed:
(1) Section 8019 of Public Law 102-172 (105 Stat. 1175).
(2) Section 9023 of Public Law 102-396 (106 Stat. 1905).
(3) Section 8019 of Public Law 103-139 (107 Stat. 1441).
(4) Section 8017 of Public Law 103-335 (108 Stat. 2620; 10
U.S.C. 1074 note).
SEC. 743. APPLICABILITY OF LIMITATION ON PRICES OF PHARMACEUTICALS
PROCURED FOR COAST GUARD.
Section 8126(b) of title 38, United States Code, is amended by
adding at the end the following:
``(4) The Coast Guard.''.
SEC. 744. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS ARMY MEDICAL
CENTER, COLORADO, ON PROVISION OF CARE TO MILITARY
PERSONNEL AND DEPENDENTS EXPERIENCING HEALTH DIFFICULTIES
ASSOCIATED WITH PERSIAN GULF SYNDROME.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report that--
(1) assesses the effects of the closure of Fitzsimons Army
Medical Center, Colorado, on the capability of the Department
of Defense to provide appropriate and adequate health care to
members and former members of the Armed Forces and their
dependents who suffer from undiagnosed illnesses (or
combination of illnesses) as a result of service in the Armed
Forces in the Southwest Asia theater of operations during the
Persian Gulf War; and
(2) describes the plans of the Secretary of Defense and the
Secretary of the Army to ensure that adequate and appropriate
health care is available to such members, former members, and
their dependents for such illnesses.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
SEC. 801. WAIVERS FROM CANCELLATION OF FUNDS.
Notwithstanding section 1552(a) of title 31, United States Code,
funds appropriated for any fiscal year after fiscal year 1995 that are
administratively reserved or committed for satellite on-orbit incentive
fees shall remain available for obligation and expenditure until the
fee is earned, but only if and to the extent that section 1512 of title
31, United States Code, the Impoundment Control Act (2 U.S.C. 681 et
seq.), and other applicable provisions of law are complied with in the
reservation and commitment of funds for that purpose
SEC. 802. PROCUREMENT NOTICE POSTING THRESHOLDS AND SUBCONTRACTS FOR
OCEAN TRANSPORTATION SERVICES.
(a) Procurement Notice Posting Thresholds.--Section 18(a)(1)(B) of
the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)(1)(B))
is amended--
(1) by striking out ``subsection (f)--'' and all that
follows through the end of the subparagraph and inserting in
lieu thereof ``subsection (b); and''; and
(2) by inserting after ``property or services'' the
following: for a price expected to exceed $10,000, but not to
exceed $25,000,''.
(b) Subcontracts for Ocean Transportation Services.--
Notwithstanding any other provision of law, neither section 901(b) of
the Merchant Marine Act, 1936 (46 U.S.C. 1241(b)) nor section 2631 of
title 10, United States Code, shall be included prior to May 1, 1996 on
any list promulgated under section 34(b) of the Office of Federal
Procurement Policy Act (41 U.S.C. 430(b)).
SEC. 803. PROMPT RESOLUTION OF AUDIT RECOMMENDATIONS.
Section 6009 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3367, October 14, 1994) is amended to
read as follows:
``SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLEMENTATION OF AUDIT
RECOMMENDATIONS.
``(a) Management Decisions.--(1) The head of a Federal agency shall
make management decisions on all findings and recommendations set forth
in an audit report of the inspector general of the agency within a
maximum of six months after the issuance of the report.
``(2) The head of a Federal agency shall make management decisions
on all findings and recommendations set forth in an audit report of any
auditor from outside the Federal Government within a maximum of six
months after the date on which the head of the agency receives the
report.
``(b) Completions of Actions.--The head of a Federal agency shall
complete final action on each management decision required with regard
to a recommendation in an inspector general's report under subsection
(a)(1) within 12 months after the date of the inspector general's
report. If the head of the agency fails to complete final action with
regard to a management decision within the 12-month period, the
inspector general concerned shall identify the matter in each of the
inspector general's semiannual reports pursuant to section 5(a)(3) of
the Inspector General Act of 1978 (5 U.S.C. App.) until final action on
the management decision is completed.''.
SEC. 804. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SUBCONTRACTING
PLANS.
(a) Revision of Authority.--Subsection (a) of section 834 of
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking out paragraph (1) and inserting
in lieu thereof the following:
``(1) The Secretary of Defense shall establish a test program under
which contracting activities in the military departments and the
Defense Agencies are authorized to undertake one or more demonstration
projects to determine whether the negotiation and administration of
comprehensive subcontracting plans will reduce administrative burdens
on contractors while enhancing opportunities provided under Department
of Defense contracts for small business concerns and small business
concerns owned and controlled by socially and economically
disadvantaged individuals. In selecting the contracting activities to
undertake demonstration projects, the Secretary shall take such action
as is necessary to ensure that a broad range of the supplies and
services acquired by the Department of Defense are included in the test
program.''.
(b) Covered Contractors.--Subsection (b) of such section is amended
by striking out paragraph (3) and inserting in lieu thereof the
following:
``(3) A Department of Defense contractor referred to in paragraph
(1) is, with respect to a comprehensive subcontracting plan negotiated
in any fiscal year, a business concern that, during the immediately
preceding fiscal year, furnished the Department of Defense with
supplies or services (including professional services, research and
development services, and construction services) pursuant to at least
three Department of Defense contracts having an aggregate value of at
least $5,000,000.''.
(c) Technical Amendments.--Such section is amended--
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection (g).
SEC. 805. NAVAL SALVAGE FACILITIES.
Chapter 637 of title 10, United States Code, is amended to read as
follows:
``CHAPTER 637--SALVAGE FACILITIES
``Sec.
``7361. Authority to provide for necessary salvage facilities.
``7362. Acquisition and transfer of vessels and equipment.
``7363. Settlement of claims.
``7364. Disposition of receipts.
``Sec. 7361. Authority to provide for necessary salvage facilities
``(a) Authority.--The Secretary of the Navy may contract or
otherwise provide for necessary salvage facilities for public and
private vessels.
``(b) Coordination With Secretary of Transportation.--The Secretary
shall submit to the Secretary of Transportation for comment each
proposed salvage contract that affects the interests of the Department
of Transportation.
``(c) Limitation.--The Secretary of the Navy may enter into a
contract under subsection (a) only if the Secretary determines that
available commercial salvage facilities are inadequate to meet the
Navy's requirements and provides public notice of the intent to enter
into such a contract.
``Sec. 7362. Acquisition and transfer of vessels and equipment
``(a) Authority.--The Secretary of the Navy may acquire or transfer
such vessels and equipment for operation by private salvage companies
as the Secretary considers necessary.
``(b) Agreement on Use.--A private recipient of any salvage vessel
or gear shall agree in writing that such vessel or gear will be used to
support organized offshore salvage facilities for as many years as the
Secretary shall consider appropriate.
``Sec. 7363. Settlement of claims
``The Secretary of the Navy, or the Secretary's designee, may
settle and receive payment for any claim by the United States for
salvage services rendered by the Department of the Navy.
``Sec. 7364. Disposition of receipts
``Amounts received under this chapter shall be credited to
appropriations for maintaining naval salvage facilities. However, any
amount received in excess of naval salvage costs incurred by the Navy
in that fiscal year shall be deposited into the general fund of the
Treasury.''.
SEC. 806. AUTHORITY TO DELEGATE CONTRACTING AUTHORITY.
(a) Repeal of Duplicative Authority and Restriction.--Section 2356
of title 10, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, is amended by striking out
the item relating to section 2356.
SEC. 807. COORDINATION AND COMMUNICATION OF DEFENSE RESEARCH
ACTIVITIES.
Section 2364 of title 10, United States Code, is amended--
(1) in subsection (b)(5), by striking out ``milestone O,
milestone I, and milestone II'' and inserting in lieu thereof
``acquisition program''; and
(2) in subsection (c), by striking out paragraphs (2), (3),
and (4) and inserting in lieu thereof the following:
``(2) The term `acquisition program decision' has the
meaning prescribed by the Secretary of Defense in
regulations.''.
SEC. 808. PROCUREMENT OF ITEMS FOR EXPERIMENTAL OR TEST PURPOSES.
Section 2373(b) of title 10, United States Code, is amended by
inserting ``only'' after ``applies''.
SEC. 809. QUALITY CONTROL IN PROCUREMENTS OF CRITICAL AIRCRAFT AND SHIP
SPARE PARTS.
(a) Repeal.--Section 2383 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 141 of such title is amended by striking out the item relating
to section 2383.
SEC. 810. USE OF FUNDS FOR ACQUISITION OF DESIGNS, PROCESSES, TECHNICAL
DATA, AND COMPUTER SOFTWARE.
Section 2386(3) of title 10, United States Code, is amended to read
as follows:
``(3) Design and process data, technical data, and computer
software.''.
SEC. 811. INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
Section 2434(b)(1)(A) of title 10, United States Code, is amended
to read as follows:
``(A) be prepared--
``(i) by an office or other entity that is
not under the supervision, direction, or
control of the military department, Defense
Agency, or other component of the Department of
Defense that is directly responsible for
carrying out the development or acquisition of
the program; or
``(ii) if the decision authority for the
program has been delegated to an official of a
military department, Defense Agency, or other
component of the Department of Defense, by an
office or other entity that is not directly
responsible for carrying out the development or
acquisition of the program; and''.
SEC. 812. FEES FOR CERTAIN TESTING SERVICES.
Section 2539b(c) of title 10, United States Code, is amended by
inserting ``and indirect'' after ``recoup the direct''.
SEC. 813. CONSTRUCTION, REPAIR, ALTERATION, FURNISHING, AND EQUIPPING
OF NAVAL VESSELS.
(a) Inapplicability of Certain Laws.--Chapter 633 of title 10,
United States Code, is amended by inserting after section 7297 the
following:
``Sec. 7299. Contracts: applicability of Walsh-Healey Act
``Each contract for the construction, alteration, furnishing, or
equipping of a naval vessel is subject to the Walsh-Healey Act (41
U.S.C. 35 et seq.) unless the President determines that this
requirement is not in the interest of national defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7297 the following:
``7299. Contracts: applicability of Walsh-Healey Act.''.
SEC. 814. CIVIL RESERVE AIR FLEET.
Section 9512 of title 10, United States Code, is amended by
striking out ``full Civil Reserve Air Fleet'' both places it appears in
subsections (b)(2) and (e) and inserting in lieu thereof ``Civil
Reserve Air Fleet''.
SEC. 815. COST AND PRICING DATA.
(a) Armed Services Procurements.--Section 2306a(d)(2)(A)(i) of
title 10, United States Code, is amended by striking out ``and the
procurement is not covered by an exception in subsection (b),'' and
inserting in lieu thereof ``and the offeror or contractor requests to
be exempted from the requirement for submission of cost or pricing data
pursuant to this subsection,''.
(b) Civilian Agency Procurements.--Section 304A(d)(2)(A)(i) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254b(d)(2)(A)(i)) is amended by striking out ``and the procurement is
not covered by an exception in subsection (b),'' and inserting in lieu
thereof ``and the offeror or contractor requests to be exempted from
the requirement for submission of cost or pricing data pursuant to this
subsection,''.
SEC. 816. PROCUREMENT NOTICE TECHNICAL AMENDMENTS.
Section 18(c)(1)(E) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(c)(1)(E)) is amended by inserting after ``requirements
contract'' the following: ``, a task order contract, or a delivery
order contract''.
SEC. 817. REPEAL OF DUPLICATIVE AUTHORITY FOR SIMPLIFIED ACQUISITION
PURCHASES.
Section 31 of the Office of Federal Procurement Policy Act (41
U.S.C. 427) is amended--
(1) by striking out subsections (a), (b), and (c);
(2) by redesignating subsections (d), (e), and (f) as (a),
(b), and (c), respectively;
(3) in subsection (b), as so redesignated, by striking out
``provided in the Federal Acquisition Regulation pursuant to
this section'' each place it appears and inserting in lieu
thereof ``contained in the Federal Acquisition Regulation'';
and
(4) by adding at the end the following:
``(d) Procedures Defined.--The simplified acquisition procedures
referred to in this section are the simplified acquisition procedures
that are provided in the Federal Acquisition Regulation pursuant to
section 2304(g) of title 10, United States Code, and section 303(g) of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)).''.
SEC. 818. MICRO-PURCHASES WITHOUT COMPETITIVE QUOTATIONS.
Section 32(d) of the Office of Federal Procurement Policy Act (41
U.S.C. 428) is amended by striking out ``the contracting officer'' and
inserting in lieu thereof ``an employee of an executive agency or a
member of the Armed Forces of the United States authorized to do so''.
SEC. 819. RESTRICTION ON REIMBURSEMENT OF COSTS.
(a) None of the funds authorized to be appropriated in this Act for
fiscal year 1996 may be obligated for payment on new contracts on which
allowable costs charged to the Government include payments for
individual compensation (including bonuses and other incentives) at a
rate in excess of $250,000.
(b) It is the sense of the Senate that the Congress should consider
extending the restriction described in section (a) permanently.
Subtitle B--Other Matters
SEC. 821. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) Funding.--Of the amount authorized to be appropriated under
section 301(5), $12,000,000 shall be available for carrying out the
provisions of chapter 142 of title 10, United States Code.
(b) Specific Programs.--Of the amounts made available pursuant to
subsection (a), $600,000 shall be available for fiscal year 1996 for
the purpose of carrying out programs sponsored by eligible entities
referred to in subparagraph (D) of section 2411(1) of title 10, United
States Code, that provide procurement technical assistance in
distressed areas referred to in subparagraph (B) of section 2411(2) of
such title. If there is an insufficient number of satisfactory
proposals for cooperative agreements in such distressed areas to allow
effective use of the funds made available in accordance with this
subsection in such areas, the funds shall be allocated among the
Defense Contract Administration Services regions in accordance with
section 2415 of such title.
SEC. 822. TREATMENT OF DEPARTMENT OF DEFENSE CABLE TELEVISION FRANCHISE
AGREEMENTS.
For purposes of part 49 of the Federal Acquisition Regulation, a
cable television franchise agreement of the Department of Defense shall
be considered a contract for telecommunications services.
SEC. 823. PRESERVATION OF AMMUNITION INDUSTRIAL BASE.
(a) Review of Ammunition Procurement and Management Programs.--(1)
Not later than 30 days after the date of the enactment of this Act, the
Secretary of Defense shall commence a review of the ammunition
procurement and management programs of the Department of Defense,
including the planning for, budgeting for, administration, and carrying
out of such programs.
(2) The review under paragraph (1) shall include an assessment of
the following matters:
(A) The practicability and desirability of using
centralized procurement practices to procure all ammunition
required by the Armed Forces.
(B) The capability of the ammunition production facilities
of the United States to meet the ammunition requirements of the
Armed Forces.
(C) The practicability and desirability of privatizing such
ammunition production facilities.
(D) The practicability and desirability of using integrated
budget planning among the Armed Forces for the procurement of
ammunition.
(E) The practicability and desirability of establishing an
advocate within the Department of Defense for ammunition
industrial base matters who shall be responsible for--
(i) establishing the quantity and price of
ammunition procured by the Armed Forces; and
(ii) establishing and implementing policy to ensure
the continuing viability of the ammunition industrial
base in the United States.
(F) The practicability and desirability of providing
information on the ammunition procurement practices of the
Armed Forces to Congress through a single source.
(b) Report.--Not later than April 1, 1996, the Secretary shall
submit to the congressional defense committees a report containing the
following:
(1) The results of the review carried out under subsection
(a).
(2) A discussion of the methodologies used in carrying out
the review.
(3) An assessment of various methods of ensuring the
continuing viability of the ammunition industrial base of the
United States.
(4) Recommendations of means (including legislation) of
implementing such methods in order to ensure such viability.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. REDESIGNATION OF THE POSITION OF ASSISTANT TO THE SECRETARY
OF DEFENSE FOR ATOMIC ENERGY.
(a) In General.--(1) Section 142 of title 10, United States Code,
is amended--
(A) by striking out the section heading and inserting in
lieu thereof the following:
``Sec. 142. Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs'';
(B) in subsection (a), by striking out ``Assistant to the
Secretary of Defense for Atomic Energy'' and inserting in lieu
thereof ``Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs''; and
(C) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) The Assistant to the Secretary shall--
``(1) advise the Secretary of Defense on nuclear energy,
nuclear weapons, and chemical and biological defense;
``(2) serve as the Staff Director of the Nuclear Weapons
Council established by section 179 of this title; and
``(3) perform such additional duties as the Secretary may
prescribe.''.
(2) The table of sections at the beginning of chapter 4 of such
title is amended by striking out the item relating to section 142 and
inserting in lieu thereof the following:
``142. Assistant to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs.''.
(b) Conforming Amendments.--(1) Section 179(c)(2) of title 10,
United States Code, is amended by striking out ``The Assistant to the
Secretary of Defense for Atomic Energy'' and inserting in lieu thereof
``The Assistant to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs.''.
(2) Section 5316 of title 5, United States Code, is amended by
striking out ``The Assistant to the Secretary of Defense for Atomic
Energy, Department of Defense.'' and inserting in lieu thereof the
following:
``Assistant to the Secretary of Defense for Nuclear and
Chemical and Biological Defense Programs, Department of
Defense.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1996 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary of
Defense may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. DISBURSING AND CERTIFYING OFFICIALS.
(a) Disbursing Officials.--(1) Section 3321(c) of title 31, United
States Code, is amended by striking out paragraph (2) and inserting in
lieu thereof the following:
``(2) The Department of Defense.''.
(2) Section 2773 of title 10, United States Code, is amended--
(A) in subsection (a)--
(i) by striking out ``With the approval of the
Secretary of a military department when the Secretary
considers it necessary, a disbursing official of the
military department'' and inserting in lieu thereof
``Subject to paragraph (3), a disbursing official of
the Department of Defense''; and
(ii) by adding at the end the following new
paragraph:
``(3) A disbursing official may make a designation under paragraph
(1) only with the approval of the Secretary of Defense or, in the case
of a disbursing official of a military department, the Secretary of
that military department.''; and
(B) in subsection (b)(1), by striking out ``any military
department'' and inserting in lieu thereof ``the Department of
Defense''.
(b) Designation of Members of the Armed Forces To Have Authority To
Certify Vouchers.--Section 3325(b) of title 31, United States Code, is
amended to read as follows:
``(b) In addition to officers and employees referred to in
subsection (a)(1)(B) of this section as having authorization to certify
vouchers, members of the armed forces under the jurisdiction of the
Secretary of Defense may certify vouchers when authorized, in writing,
by the Secretary to do so.''.
(c) Conforming Amendments.--(1) Section 1012 of title 37, United
States Code, is amended by striking out ``Secretary concerned'' both
places it appears and inserting in lieu thereof ``Secretary of
Defense''.
(2) Section 1007(a) of title 37, United States Code, is amended by
striking out ``Secretary concerned'' and inserting in lieu thereof
``Secretary of Defense, or upon the denial of relief of an officer
pursuant to section 3527 of title 31''.
(3)(A) Section 7863 of title 10, United States Code, is amended--
(i) in the first sentence, by striking out ``disbursements
of public moneys or'' and ``the money was paid or''; and
(ii) in the second sentence, by striking out ``disbursement
or''.
(B)(i) The heading of such section is amended to read as follows:
``Sec. 7863. Disposal of public stores by order of commanding
officer''.
(ii) The item relating to such section in the table of sections at
the beginning of chapter 661 of such title is amended to read as
follows:
``7863. Disposal of public stores by order of commanding officer.''.
(4) Section 3527(b)(1) of title 31, United States Code, is
amended--
(A) by striking out ``a disbursing official of the armed
forces'' and inserting in lieu thereof ``an official of the
armed forces referred to in subsection (a)'';
(B) by striking out ``records,'' and inserting in lieu
thereof ``records, or a payment described in section
3528(a)(4)(A) of this title,'';
(C) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), and realigning such clauses four
ems from the left margin;
(D) by inserting before clause (i), as redesignated by
subparagraph (C), the following:
``(A) in the case of a physical loss or deficiency--'';
(E) in clause (iii), as redesignated by subparagraph (C),
by striking out the period at the end and inserting in lieu
thereof ``; or''; and
(F) by adding at the end the following:
``(B) in the case of a payment described in section
3528(a)(4)(A) of this title, the Secretary of Defense or the
appropriate Secretary of the military department of the
Department of Defense, after taking a diligent collection
action, finds that the criteria of section 3528(b)(1) of this
title are satisfied.''.
SEC. 1003. DEFENSE MODERNIZATION ACCOUNT.
(a) Establishment and Use.--(1) Chapter 131 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2221. Defense Modernization Account
``(a) Establishment.--There is established in the Treasury a
special account to be known as the `Defense Modernization Account'.
``(b) Credits to Account.--(1) Under regulations prescribed by the
Secretary of Defense, and upon a determination by the Secretary
concerned of the availability and source of excess funds as described
in subparagraph (A) or (B), the Secretary may transfer to the Defense
Modernization Account during any fiscal year--
``(A) any amount of unexpired funds available to the
Secretary for procurements that, as a result of economies,
efficiencies, and other savings achieved in the procurements,
are excess to the funding requirements of the procurements; and
``(B) any amount of unexpired funds available to the
Secretary for support of installations and facilities that, as
a result of economies, efficiencies, and other savings, are
excess to the funding requirements for support of installations
and facilities.
``(2) Funds referred to in paragraph (1) may not be transferred to
the Defense Modernization Account by a Secretary concerned if--
``(A) the funds are necessary for programs, projects, and
activities that, as determined by the Secretary, have a higher
priority than the purposes for which the funds would be
available if transferred to that account; or
``(B) the balance of funds in the account, after transfer
of funds to the account would exceed $1,000,000,000.
``(3) Amounts credited to the Defense Modernization Account shall
remain available for transfer until the end of the third fiscal year
that follows the fiscal year in which the amounts are credited to the
account.
``(4) The period of availability of funds for expenditure provided
for in sections 1551 and 1552 of title 31 shall not be extended by
transfer into the Defense Modernization Account.
``(c) Attribution of Funds.--The funds transferred to the Defense
Modernization Account by a military department, Defense Agency, or
other element of the Department of Defense shall be available in
accordance with subsections (f) and (g) only for that military
department, Defense Agency, or element.
``(d) Use of Funds.--Funds available from the Defense Modernization
Account pursuant to subsection (f) or (g) may be used only for the
following purposes:
``(1) For increasing, subject to subsection (e), the
quantity of items and services procured under a procurement
program in order to achieve a more efficient production or
delivery rate.
``(2) For research, development, test and evaluation and
procurement necessary for modernization of an existing system
or of a system being procured under an ongoing procurement
program.
``(e) Limitations.--(1) Funds from the Defense Modernization
Account may not be used to increase the quantity of an item or services
procured under a particular procurement program to the extent that
doing so would--
``(A) result in procurement of a total quantity of items or
services in excess of--
``(i) a specific limitation provided in law on the
quantity of the items or services that may be procured;
or
``(ii) the requirement for the items or services as
approved by the Joint Requirements Oversight Council
and reported to Congress by the Secretary of Defense;
or
``(B) result in an obligation or expenditure of funds in
excess of a specific limitation provided in law on the amount
that may be obligated or expended, respectively, for the
procurement program.
``(2) Funds from the Defense Modernization Account may not be used
for a purpose or program for which Congress has not authorized
appropriations.
``(3) Funds may not be transferred from the Defense Modernization
Account in any year for the purpose of--
``(A) making any expenditure for which there is no
corresponding obligation; or
``(B) making any expenditure that would satisfy an
unliquidated or unrecorded obligation arising in a prior fiscal
year.
``(f) Transfer of Funds.--(1) Funds in the Defense Modernization
Account may be transferred in any fiscal year to appropriations
available for use for purposes set forth in subsection (d).
``(2) Before funds in the Defense Modernization Account are
transferred under paragraph (1), the Secretary concerned shall transmit
to the congressional defense committees a notification of the amount
and purpose of the proposed transfer.
``(3) The total amount of the transfers from the Defense
Modernization Account may not exceed $500,000,000 in any fiscal year.
``(g) Availability of Funds for Appropriation.--Funds in the
Defense Modernization Account may be appropriated for purposes set
forth in subsection (d) to the extent provided in Acts authorizing
appropriations for the Department of the Defense.
``(h) Secretary To Act Through Comptroller.--In exercising
authority under this section, the Secretary of Defense shall act
through the Under Secretary of Defense (Comptroller), who shall be
authorized to implement this section through the issuance of any
necessary regulations, policies, and procedures after consultation with
the General Counsel and Inspector General of the Department of Defense.
``(i) Quarterly Report.--Not later than 15 days after the end of
each calendar quarter, the Secretary of Defense shall submit to the
appropriate committees of Congress a report setting forth the amount
and source of each credit to the Defense Modernization Account during
the quarter and the amount and purpose of each transfer from the
account during the quarter.
``(j) Definitions.--In this section:
``(1) The term `Secretary concerned' includes the Secretary
of Defense.
``(2) The term `unexpired funds' means funds appropriated
for a definite period that remain available for obligation.
``(3) The term `congressional defense committees' means--
``(A) the Committees on Armed Services and
Appropriations of the Senate; and
``(B) the Committees on National Security and
Appropriations of the House of Representatives.
``(4) The term `appropriate committees of Congress' means--
``(A) the congressional defense committees;
``(B) the Committee on Governmental Affairs of the
Senate; and
``(C) the Committee on Government Reform and
Oversight of the House of Representatives.
``(k) Inapplicability to Coast Guard.--This section does not apply
to the Coast Guard when it is not operating as a service in the
Navy.''.
(2) The table of sections at the beginning of chapter 131 of such
title is amended by adding at the end the following:
``2221. Defense Modernization Account.''.
(b) Effective Date.--Section 2221 of title 10, United States Code
(as added by subsection (a)), shall take effect on October 1, 1995, and
shall apply only to funds appropriated for fiscal years beginning on or
after that date.
(c) Expiration of Authority and Account.--(1) The authority under
section 2221(b) of title 10, United States Code (as added by subsection
(a)), to transfer funds into the Defense Modernization Account shall
terminate on October 1, 2003.
(2) Three years after the termination of transfer authority under
paragraph (1), the Defense Modernization Account shall be closed and
the remaining balance in the account shall be canceled and thereafter
shall not be available for any purpose.
(3)(A) The Comptroller General of the United States shall conduct
two reviews of the administration of the Defense Modernization Account.
In each review, the Comptroller General shall assess the operations and
benefits of the account.
(B) Not later than March 1, 2000, the Comptroller General shall--
(i) complete the first review; and
(ii) submit to the appropriate committees of Congress an
initial report on the administration and benefits of the
Defense Modernization Account.
(C) Not later than March 1, 2003, the Comptroller General shall--
(i) complete the second review; and
(ii) submit to the appropriate committees of Congress a
final report on the administration and benefits of the Defense
Modernization Account.
(D) Each report shall include any recommended legislation regarding
the account that the Comptroller General considers appropriate.
(E) In this paragraph, the term ``appropriate committees of
Congress'' has the meaning given such term in section 2221(j)(4) of
title 10, United States Code, as added by subsection (a).
SEC. 1004. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1995.
(a) Adjustment to Previous Authorizations.--Amounts authorized to
be appropriated to the Department of Defense for fiscal year 1995 in
the National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization were increased (by a supplemental appropriation) or
decreased (by a rescission), or both, in title I of the Emergency
Supplemental Appropriations and Rescissions for the Department of
Defense to Preserve and Enhance Military Readiness Act of 1995 (Public
Law 104-6).
(b) New Authorization.--The appropriation provided in section 104
of such Act is hereby authorized.
SEC. 1005. LIMITATION ON USE OF AUTHORITY TO PAY FOR EMERGENCY AND
EXTRAORDINARY EXPENSES.
Section 127 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Funds may not be obligated or expended in an amount in
excess of $500,000 under the authority of subsection (a) or (b) until
the Secretary of Defense has notified the Committees on Armed Services
and Appropriations of the Senate and the Committees on National
Security and Appropriations of the House of Representatives of the
intent to obligate or expend the funds, and--
``(A) in the case of an obligation or expenditure in excess
of $1,000,000, 15 days have elapsed since the date of the
notification; or
``(B) in the case of an obligation or expenditure in excess
of $500,000, but not in excess of $1,000,000, 5 days have
elapsed since the date of the notification.
``(2) Subparagraph (A) or (B) of paragraph (1) shall not apply to
an obligation or expenditure of funds otherwise covered by such
subparagraph if the Secretary of Defense determines that the national
security objectives of the United States will be compromised by the
application of the subparagraph to the obligation or expenditure. If
the Secretary makes a determination with respect to an expenditure
under the preceding sentence, the Secretary shall notify the committees
referred to in paragraph (1) not later than the later of--
``(A) 30 days after the date of the expenditure; or
``(B) the date on which the activity for which the
expenditure is made is completed.
``(3) A notification under this subsection shall include the amount
to be obligated or expended, as the case may be, and the purpose of the
obligation or expenditure.''.
SEC. 1006. TRANSFER AUTHORITY REGARDING FUNDS AVAILABLE FOR FOREIGN
CURRENCY FLUCTUATIONS.
(a) Transfers to Military Personnel Accounts Authorized.--Section
2779 of title 10, United States Code, is amended by adding at the end
the following:
``(c) Transfers to Military Personnel Accounts.--(1) The Secretary
of Defense may transfer funds to military personnel appropriations for
a fiscal year out of funds available to the Department of Defense for
that fiscal year under the appropriation `Foreign Currency
Fluctuations, Defense'.
``(2) This subsection applies with respect to appropriations for
fiscal years beginning after September 30, 1995.''.
(b) Revision and Codification of Authority for Transfers to Foreign
Currency Fluctuations Account.--Section 2779 of such title, as amended
by subsection (a), is further amended by adding at the end the
following:
``(d) Transfers to Foreign Currency Fluctuations Account.--(1) The
Secretary of Defense may transfer to the appropriation `Foreign
Currency Fluctuations, Defense' unobligated amounts of funds
appropriated for operation and maintenance and unobligated amounts of
funds appropriated for military personnel.
``(2) Any transfer from an appropriation under paragraph (1) shall
be made not later than the end of the second fiscal year following the
fiscal year for which the appropriation is provided.
``(3) Any transfer made pursuant to the authority provided in this
subsection shall be limited so that the amount in the appropriation
`Foreign Currency Fluctuations, Defense' does not exceed $970,000,000
at the time such transfer is made.
``(4) This subsection applies with respect to appropriations for
fiscal years beginning after September 30, 1995.''.
(c) Conditions of Availability for Transferred Funds.--Section 2779
of such title, as amended by subsection (b), is further amended by
adding at the end the following:
``(e) Conditions of Availability for Transferred Funds.--Amounts
transferred under subsection (c) or (d) shall be merged with and be
available for the same purposes and for the same period as the
appropriations to which transferred.''.
(d) Conforming and Technical Amendments.--(1) Section 767A of
Public Law 96-527 (94 Stat. 3093) is repealed.
(2) Section 791 of the Department of Defense Appropriation Act,
1983 (enacted in section 101(c) of Public Law 97-377; 96 Stat. 1865) is
repealed.
(3) Section 2779 of title 10, United States Code, is amended--
(A) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) Transfers Back to Foreign
Currency Fluctuations Appropriation.--(1) ''; and
(B) in subsection (b), by striking out ``(b)(1)'' and
inserting in lieu thereof ``(b) Funding for Losses in Military
Construction and Family Housing.--(1)''.
SEC. 1007. REPORT ON BUDGET SUBMISSION REGARDING RESERVE COMPONENTS.
(a) Special Report.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time that the President
submits the budget for fiscal year 1997 under section 1105(a) of title
31, United States Code, a special report on funding for the reserve
components of the Armed Forces.
(b) Content.--The report shall contain the following:
(1) The actions taken by the Department of Defense to
enhance the Army National Guard, the Air National Guard, and
each of the other reserve components.
(2) A separate listing, with respect to the Army National
Guard, the Air National Guard, and each of the other reserve
components, of each of the following:
(A) The specific amount requested for each major
weapon system.
(B) The specific amount requested for each item of
equipment.
(C) The specific amount requested for each military
construction project, together with the location of
each such project.
(3) If the total amount reported in accordance with
paragraph (2) is less than $1,080,000,000, an additional
separate listing described in paragraph (2) in a total amount
equal to $1,080,000,000.
Subtitle B--Naval Vessels
SEC. 1011. IOWA CLASS BATTLESHIPS.
(a) Return to Naval Vessel Register.--The Secretary of the Navy
shall list on the Naval Vessel Register, and maintain on such register,
at least two of the Iowa class battleships that were stricken from the
register in February 1995.
(b) Selection of Ships.--The Secretary shall select for listing on
the register under subsection (a) the Iowa class battleships that are
in the best material condition. In determining which battleships are in
the best material condition, the Secretary shall take into
consideration the findings of the Board of Inspection and Survey of the
Navy, the extent to which each battleship has been modernized during
the last period of active service of the battleship, and the military
utility of each battleship after the modernization.
(c) Support.--The Secretary shall retain the existing logistical
support necessary for support of at least two operational Iowa class
battleships in active service, including technical manuals, repair and
replacement parts, and ordnance.
(d) Replacement Capability.--The requirements of this section shall
cease to be effective 60 days after the Secretary certifies in writing
to the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives that the Navy has
within the fleet an operational surface fire support capability that
equals or exceeds the fire support capability that the Iowa class
battleships listed on the Naval Vessel Register pursuant to subsection
(a) would, if in active service, be able to provide for Marine Corps
amphibious assaults and operations ashore.
SEC. 1012. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) Authority.--The Secretary of the Navy is authorized to
transfer--
(1) to the Government of Bahrain the Oliver Hazard Perry
class guided missile frigate Jack Williams (FFG 24);
(2) to the Government of Egypt the Oliver Hazard Perry
class frigates Duncan (FFG 10) and Copeland (FFG 25);
(3) to the Government of Oman the Oliver Hazard Perry class
guided missile frigate Mahlon S. Tisdale (FFG 27);
(4) to the Government of Turkey the Oliver Hazard Perry
class frigates Clifton Sprague (FFG 16), Antrim (FFG 20), and
Flatley (FFG 21); and
(5) to the Government of the United Arab Emirates the
Oliver Hazard Perry class guided missile frigate Gallery (FFG
26).
(b) Forms of Transfer.--(1) A transfer under paragraph (1), (2),
(3), or (4) of subsection (a) shall be on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(2) A transfer under paragraph (5) of subsection (a) shall be on a
lease basis under section 61 of the Arms Export Control Act (22 U.S.C.
2796).
(c) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by subsection (a) shall be
charged to the recipient.
(d) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the 2-year period
beginning on the date of the enactment of this Act, except that a lease
entered into during that period under subsection (b)(2) may be renewed.
SEC. 1013. NAMING AMPHIBIOUS SHIPS.
(a) Findings.--The Senate finds that:
(1) This year is the fiftieth anniversary of the battle of
Iwo Jima, one of the great victories in all of the Marine
Corps' illustrious history.
(2) The Navy has recently retired the ship that honored
that battle, the U.S.S. IWO JIMA (LPH-2), the first ship in a
class of amphibious assault ships.
(3) This Act authorizes the LHD-7, the final ship of the
Wasp class of amphibious assault ships that will replace the
Iwo Jima class of ships.
(4) The Navy is planning to start building a new class of
amphibious transport docks, now called the LPD-17 class. This
Act also authorizes funds that will lead to procurement of
these vessels.
(5) There has been some confusion in the rationale behind
naming new naval vessels with traditional naming conventions
frequently violated.
(6) Although there have been good and sufficient reasons to
depart from naming conventions in the past, the rationale for
such departures has not always been clear.
(b) Sense of the Senate.--In light of these findings, expressed in
subsection (a), it is the sense of the Senate that the Secretary of the
Navy should:
(1) Name the LHD-7 the U.S.S. IWO JIMA.
(2) Name the LPD-17 and all future ships of the LPD-17
class after famous Marine Corps battles or famous Marine Corps
heroes.
Subtitle C--Counter-Drug Activities
SEC. 1021. REVISION AND CLARIFICATION OF AUTHORITY FOR FEDERAL SUPPORT
OF DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES OF THE
NATIONAL GUARD.
(a) Funding Assistance.--Subsection (a) of section 112 of title 32,
United States Code, is amended--
(1) by striking out ``submits a plan to the Secretary under
subsection (b)'' in the matter above paragraph (1) and
inserting in lieu thereof ``submits to the Secretary a State
drug interdiction and counter-drug activities plan satisfying
the requirements of subsection (c)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by striking out paragraph (1) and inserting in lieu
thereof the following:
``(1) the pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State
used, while not in Federal service, for the purpose of drug
interdiction and counter-drug activities;
``(2) the operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of drug interdiction and counter-drug activities;
and''.
(b) Use of Personnel Performing Full-Time National Guard Duty.--
Section 112 of such title is amended--
(1) by striking out subsection (e);
(2) by redesignating subsections (b), (c), (d), and (f) as
subsections (c), (d), (f), and (g), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Use of Personnel Performing Full Time National Guard Duty.--
(1) Subject to subsection (e), personnel of the National Guard of a
State may be ordered to perform full-time National Guard duty under
section 502(f) of this title for the purpose of carrying out drug
interdiction and counter-drug activities.
``(2) Under regulations prescribed by the Secretary of Defense, the
Governor of a State may, in accordance with the State drug interdiction
and counter-drug activities plan referred to in subsection (c), request
that personnel of the National Guard of the State be ordered to perform
full-time National Guard duty under section 502(f) of this title for
the purpose of carrying out drug interdiction and counter-drug
activities.''.
(c) State Plan.--Subsection (c) of such section, as redesignated by
subsection (b)(2), is amended--
(1) in the matter above paragraph (1), by striking out ``A
plan'' and inserting in lieu thereof ``A State drug
interdiction and counter-drug activities plan'';
(2) by striking out ``and'' at the end of paragraph (2);
and
(3) in paragraph (3)--
(A) by striking out ``annual training'' and
inserting in lieu thereof ``training'';
(B) by striking out the period at the end and
inserting in lieu thereof a semicolon; and
(C) by adding at the end the following:
``(4) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National Guard
of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law; and
``(5) certify that the Governor of the State or a civilian
law enforcement official of the State designated by the
Governor has determined that any activities included in the
plan that are carried out in conjunction with Federal law
enforcement agencies serve a State law enforcement purpose.''.
(d) Examination of State Plan.--Subsection (d) of such section, as
redesignated by subsection (b)(2), is amended--
(1) in paragraph (1)--
(A) by inserting after ``Before funds are provided
to the Governor of a State under this section'' the
following: ``and before members of the National Guard
of that State are ordered to full-time National Guard
duty as authorized in subsection (b)(1)''; and
(B) by striking out ``subsection (b)'' and
inserting in lieu thereof ``subsection (c)''; and
(2) in paragraph (3)--
(A) by striking out ``subsection (b)'' in
subparagraph (A) and inserting in lieu thereof
``subsection (c)''; and
(B) by striking out subparagraph (B) and inserting
in lieu thereof the following:
``(B) pursuant to the plan submitted for a previous fiscal
year, funds were provided to the State in accordance with
subsection (a) or personnel of the National Guard of the State
were ordered to perform full-time National Guard duty in
accordance with subsection (b).''.
(e) End Strength Limitation.--Such section is amended by inserting
after subsection (d), as redesignated by subsection (b)(2), the
following new subsection (e):
``(e) End Strength Limitation.--(1) Except as provided in paragraph
(2), at the end of a fiscal year there may not be more than 4000
members of the National Guard--
``(A) on full-time National Guard duty under section 502(f)
of this title to perform drug interdiction or counter-drug
activities pursuant to an order to duty for a period of more
than 180 days; or
``(B) on duty under State authority to perform drug
interdiction or counter-drug activities pursuant to an order to
duty for a period of more than 180 days with State pay and
allowances being reimbursed with funds provided under
subsection (a)(1).
``(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) by not more than 20 percent for any
fiscal year if the Secretary determines that such an increase is
necessary in the national security interests of the United States.''.
(f) Definitions.--Subsection (g) of such section, as redesignated
by subsection (b)(2), is amended by striking out paragraph (1) and
inserting in lieu thereof the following:
``(1) The term `drug interdiction and counter-drug
activities', with respect to the National Guard of a State,
means the use of National Guard personnel in drug interdiction
and counter-drug law enforcement activities authorized by the
law of the State and requested by the Governor of the State.''.
SEC. 1022. NATIONAL DRUG INTELLIGENCE CENTER.
(a) Limitation on Use of Funds.--Except as provided in subsection
(b), funds appropriated or otherwise made available for the Department
of Defense pursuant to this or any other Act may not be obligated or
expended for the National Drug Intelligence Center, Johnstown,
Pennsylvania.
(b) Exception.--If the Attorney General operates the National Drug
Intelligence Center using funds available for the Department of
Justice, the Secretary of Defense may continue to provide Department of
Defense intelligence personnel to support intelligence activities at
the Center. The number of such personnel providing support to the
Center after the date of the enactment of this Act may not exceed the
number of the Department of Defense intelligence personnel who are
supporting intelligence activities at the Center on the day before such
date.
SEC. 1023. ASSISTANCE TO CUSTOMS SERVICE.
(a) Nonintrusive Inspection Systems.--The Secretary of Defense
shall, using funds available pursuant to subsection (b), either--
(1) procure nonintrusive inspection systems and transfer
the systems to the United States Customs Service; or
(2) transfer the funds to the Secretary of the Treasury for
use to procure nonintrusive inspection systems for the United
States Customs Service.
(b) Funding.--Of the amounts authorized to be appropriated under
section 301(15), $25,000,000 shall be available for carrying out
subsection (a).
Subtitle D--Department of Defense Education Programs
SEC. 1031. CONTINUATION OF THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES.
(a) Policy.--Congress reaffirms--
(1) the prohibition set forth in subsection (a) of section
922 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2829; 10 U.S.C. 2112 note)
regarding closure of the Uniformed Services University of the
Health Sciences; and
(2) the expression of the sense of Congress set forth in
subsection (b) of such section regarding the budgetary
commitment to continuation of the university.
(b) Personnel Strength.--During the 5-year period beginning on
October 1, 1995, the personnel staffing levels for the Uniformed
Services University of the Health Services may not be reduced below the
personnel staffing levels for the university as of October 1, 1993.
SEC. 1032. ADDITIONAL GRADUATE SCHOOLS AND PROGRAMS AT THE UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Section 2113 of title 10, United States Code, is amended by
striking out subsection (h) and inserting in lieu thereof the
following:
``(h) The Board may establish the following educational programs:
``(1) Postdoctoral, postgraduate, and technological
institutes.
``(2) A graduate school of nursing.
``(3) Other schools or programs that the Board determines
necessary in order to operate the University in a cost-
effective manner.''.
SEC. 1033. FUNDING FOR BASIC ADULT EDUCATION PROGRAMS FOR MILITARY
PERSONNEL AND DEPENDENTS OUTSIDE THE UNITED STATES.
Of the amounts authorized to be appropriated pursuant to section
301, $600,000 shall be available to carry out adult education programs,
consistent with the Adult Education Act (20 U.S.C. 1201 et seq.), for--
(1) members of the Armed Forces who are serving in
locations that are outside the United States and not described
in subsection (b) of such section 313; and
(2) the dependents of such members.
SEC. 1034. SCOPE OF EDUCATION PROGRAMS OF COMMUNITY COLLEGE OF THE AIR
FORCE.
Section 9315(a)(1) of title 10, United States Code, is amended by
striking out ``for enlisted members of the armed forces'' and inserting
in lieu thereof ``for enlisted members of the Air Force''.
SEC. 1035. DATE FOR ANNUAL REPORT ON SELECTED RESERVE EDUCATIONAL
ASSISTANCE PROGRAM.
Section 16137 of title 10, United States Code, is amended by
striking out ``December 15 of each year'' and inserting in lieu thereof
``March 1 of each year''.
SEC. 1036. ESTABLISHMENT OF JUNIOR R.O.T.C. UNITS IN INDIAN RESERVATION
SCHOOLS.
It is the sense of Congress that the Secretary of Defense should
ensure that secondary educational institutions on Indian reservations
are afforded a full opportunity along with other secondary educational
institutions to be selected as locations for establishment of new
Junior Reserve Officers' Training Corps units.
Subtitle E--Cooperative Threat Reduction With States of the Former
Soviet Union
SEC. 1041. COOPERATIVE THREAT REDUCTION PROGRAMS DEFINED.
For purposes of this subtitle, Cooperative Threat Reduction
programs are the programs described in section 1203(b) of the
Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-
160; 107 Stat. 1778; 22 U.S.C. 5952(b)).
SEC. 1042. FUNDING MATTERS.
(a) Limitation.--Funds authorized to be appropriated under section
301(18) may not be obligated for any program established primarily to
assist nuclear weapons scientists in States of the former Soviet Union
until 30 days after the date on which the Secretary of Defense
certifies in writing to Congress that the funds to be obligated will
not be used to contribute to the modernization of the strategic nuclear
forces of such States or for research, development, or production of
weapons of mass destruction.
(b) Reimbursement of Pay Accounts.--Funds authorized to be
appropriated under section 301(18) may be transferred to military
personnel accounts for reimbursement of those accounts for the pay and
allowances paid to reserve component personnel for service while
engaged in any activity under a Cooperative Threat Reduction program.
SEC. 1043. LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WARFARE PROGRAM
OF RUSSIA.
(a) Findings.--Congress makes the following findings:
(1) Even though the President of Russia and other senior
leaders of the Russian government have committed Russia to
comply with the Biological Weapons Convention, a June 1995
United States Government report asserts that official United
States concern remains about the Russian biological warfare
program.
(2) In reviewing the President's budget request for fiscal
year 1996 for Cooperative Threat Reduction, and consistent with
the finding in section 1207(a)(5) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2884), the Senate has taken into consideration the
questions and concerns about Russia's biological warfare
program and Russia's compliance with the obligations under the
Biological Weapons Convention.
(b) Limitation on Use of Funds for Cooperative Threat Reduction.--
Of the amount available under section 301(18) for Cooperative Threat
Reduction programs, $50,000,000 shall be reserved and not obligated
until the President certifies to Congress that Russia is in compliance
with the obligations under the Biological Weapons Convention.
SEC. 1044. LIMITATION ON USE OF FUNDS FOR COOPERATIVE THREAT REDUCTION.
(a) Limitation.--Of the funds appropriated or otherwise made
available for fiscal year 1996 under the heading ``Former Soviet Union
Threat Reduction'' for dismantlement and destruction of chemical
weapons, not more than $52,000,000 may be obligated or expended for
that purpose until the President certifies to Congress the following:
(1) That the United States and Russia have completed a
joint laboratory study evaluating the proposal of Russia to
neutralize its chemical weapons and the United States agrees
with the proposal.
(2) That Russia is in the process of preparing, with the
assistance of the United States (if necessary), a comprehensive
plan to manage the dismantlement and destruction of the Russia
chemical weapons stockpile.
(3) That the United States and Russia are committed to
resolving outstanding issues under the 1989 Wyoming Memorandum
of Understanding and the 1990 Bilateral Destruction Agreement.
(b) Definitions.--In this section:
(1) The term ``1989 Wyoming Memorandum of Understanding''
means the Memorandum of Understanding between the Government of
the United States of America and the Government of the Union of
Soviet Socialist Republics Regarding a Bilateral Verification
Experiment and Data Exchange Related to Prohibition on Chemical
Weapons, signed at Jackson Hole, Wyoming, on September 23,
1989.
(2) The term ``1990 Bilateral Destruction Agreement'' means
the Agreement between the United States of America and the
Union of Soviet Socialist Republics on destruction and non-
production of chemical weapons and on measures to facilitate
the multilateral convention on banning chemical weapons signed
on June 1, 1990.
Subtitle F--Matters Relating to Other Nations
SEC. 1051. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO
ORGANIZATIONS.
Section 2350b(e) of title 10, United States Code, is amended--
(1) in paragraph (1), by inserting ``or a NATO
organization'' after ``a participant (other than the United
States)''; and
(2) in paragraph (2), by inserting ``or a NATO
organization'' after ``a cooperative project''.
SEC. 1052. NATIONAL SECURITY IMPLICATIONS OF UNITED STATES EXPORT
CONTROL POLICY.
(a) Findings.--Congress makes the following findings:
(1) Export controls remain an important element of the
national security policy of the United States.
(2) It is in the national interest that United States
export control policy prevent the transfer, to potential
adversaries or combatants of the United States, of technology
that threatens the national security or defense of the United
States.
(3) It is in the national interest that the United States
monitor aggressively the export of technology in order to
prevent its diversion to potential adversaries or combatants of
the United States.
(4) The Department of Defense relies increasingly on
commercial and dual-use technologies, products, and processes
to support United States military capabilities and economic
strength.
(5) The Department of Defense evaluates license
applications for the export of commodities whose export is
controlled for national security reasons if such commodities
are exported to certain countries, but the Department does not
evaluate license applications for the export of such
commodities if such commodities are exported to other
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the maintenance of the military advantage of the United
States depends on effective export controls on dual-use items
and technologies that are critical to the military capabilities
of the Armed Forces;
(2) the Government should identify the dual-use items and
technologies that are critical to the military capabilities of
the Armed Forces, including the military use made of such items
and technologies, and should reevaluate the export control
policy of the United States in light of such identification;
and
(3) the Government should utilize unilateral export
controls on dual-use items and technologies that are critical
to the military capabilities of the Armed Forces (regardless of
the availability of such items or technologies overseas) with
respect to the countries that--
(A) pose a threat to the national security
interests of the United States; and
(B) are not members in good standing of bilateral
or multilateral agreements to which the United States
is a party on the use of such items and technologies.
(c) Report Required.--(1) Not later than December 1, 1995, the
Secretary of Defense shall submit to the Committees on Armed Services
and on Foreign Relations of the Senate and the Committees on National
Security and on International Relations of the House of Representatives
a report on the effect of the export control policy of the United
States on the national security interests of the United States.
(2) The report shall include the following:
(A) A list setting forth each country determined to be a
rogue nation or potential adversary or combatant of the United
States.
(B) For each country so listed, a list of--
(i) the categories of items that should be
prohibited for export to the country;
(ii) the categories of items that should be
exported to the country only under an individual
license with conditions; and
(iii) the categories of items that may be exported
to the country under a general distribution license.
(C) For each category of items listed under clauses (ii)
and (iii) of subparagraph (B)--
(i) a statement whether export controls on the
category of items are to be imposed under a
multilateral international agreement or a unilateral
decision of the United States; and
(ii) a justification for the decision not to
prohibit the export of the items to the country.
(D) A description of United States policy on sharing
satellite imagery that has military significance and a
discussion of the criteria for determining the imagery that has
that significance.
(E) A description of the relationship between United States
policy on the export of space launch vehicle technology and the
Missile Technology Control Regime.
(F) An assessment of United States efforts to support the
inclusion of additional countries in the Missile Technology
Control Regime.
(G) An assessment of the on-going efforts made by potential
participant countries in the Missile Technology Control Regime
to meet the guidelines established by the Missile Technology
Control Regime.
(H) A brief discussion of the history of the space launch
vehicle programs of other countries, including a discussion of
the military origins and purposes of such programs and the
current level of military involvement in such programs.
(3) The Secretary shall submit the report in unclassified form but
may include a classified annex.
(4) In this subsection, the term ``Missile Technology Control
Regime'' means the policy statement between the United States , the
United Kingdom, the Federal Republic of Germany, France, Italy, Canada,
and Japan, announced on April 16, 1987, to restrict sensitive missile-
relevant transfers based on the Missile Technology Control Regime
Annex, and any amendments thereto.
(d) Department of Defense Review of Export Licenses for Certain
Biological Pathogens.--(1) Notwithstanding any other provision of law,
the Secretary of Defense shall, in consultation with appropriate
elements of the intelligence community, review each application that is
submitted to the Secretary of Commerce for an individual validated
license for the export of a class 2, class 3, or class 4 biological
pathogen to a country known or suspected to have an offensive
biological weapons program. The purpose of the review is to determine
if the export of the pathogen pursuant to the license would be contrary
to the national security interests of the United States.
(2) The Secretary of Defense, in consultation with the Secretary of
State and the intelligence community, shall periodically inform the
Secretary of Commerce as to the countries known or suspected to have an
offensive biological weapons program.
(3) In order to facilitate the review of an application for an
export license by appropriate elements of the intelligence committee
under paragraph (1), the Secretary of Defense shall submit a copy of
the application to such appropriate elements.
(4) The Secretary of Defense shall carry out the review of an
application under this subsection not later than 30 days after the date
on which the Secretary of Commerce forwards a copy of the application
to the Secretary of Defense for review.
(5) Upon completion of the review of an application for an export
license under this subsection, the Secretary of Defense shall notify
the Secretary of Commerce if the export of a biological pathogen
pursuant to the license would be contrary to the national security
interests of the United States.
(6) Notwithstanding any other provision of law, upon receipt of a
notification with respect to an application for an export license under
paragraph (5), the Secretary of Commerce shall deny the application.
(7) In this subsection:
(A) The term ``class 2, class 3, or class 4 biological
pathogen'' means any biological pathogen characterized as a
class 2, class 3, or class 4 biological pathogen by the Centers
for Disease Control.
(B) The term ``intelligence community'' has the meaning
given such term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4).
SEC. 1053. DEFENSE EXPORT LOAN GUARANTEES.
(a) Establishment of Program.--(1) Chapter 148 of title 10, United
States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER VI--DEFENSE EXPORT LOAN GUARANTEES
``Sec.
``2540. Establishment of loan guarantee program.
``2540a. Transferability.
``2540b. Limitations.
``2540c. Fees charged and collected.
``2540d. Definitions.
``Sec. 2540. Establishment of loan guarantee program
``(a) Establishment.--In order to meet the national security
objectives in section 2501(a) of this title, the Secretary of Defense
shall establish a program under which the Secretary may issue
guarantees assuring a lender against losses of principal or interest,
or both principal and interest, arising out of the financing of the
sale or long-term lease of defense articles, defense services, or
design and construction services to a country referred to in subsection
(b).
``(b) Covered Countries.--The authority under subsection (a)
applies with respect to the following countries:
``(1) A member nation of the North Atlantic Treaty
Organization (NATO).
``(2) A country designated as of March 31, 1995, as a major
non-NATO ally pursuant to section 2350a(i)(3) of this title.
``(3) A country in Central Europe that, as determined by
the Secretary of State--
``(A) has changed its form of national government
from a nondemocratic form of government to a democratic
form of government since October 1, 1989; or
``(B) is in the processing of changing its form of
national government from a nondemocratic form of
government to a democratic form of government.
``(4) A noncommunist country that was a member nation of
the Asia Pacific Economic Cooperation (APEC) as of October 31,
1993.
``(c) Authority Subject to Provisions of Appropriations.--The
Secretary may guarantee a loan under this subchapter only as provided
in appropriations Acts.
``Sec. 2540a. Transferability
``A guarantee issued under this subchapter shall be fully and
freely transferable.
``Sec. 2540b. Limitations
``(a) Terms and Conditions of Loan Guarantees.--In issuing a
guarantee under this subchapter for a medium-term or long-term loan,
the Secretary may not offer terms and conditions more beneficial than
those that would be provided to the recipient by the Export-Import Bank
of the United States under similar circumstances in conjunction with
the provision of guarantees for nondefense articles and services.
``(b) Losses Arising From Fraud or Misrepresentation.--No payment
may be made under a guarantee issued under this subchapter for a loss
arising out of fraud or misrepresentation for which the party seeking
payment is responsible.
``(c) No Right of Acceleration.--The Secretary of Defense may not
accelerate any guaranteed loan or increment, and may not pay any
amount, in respect of a guarantee issued under this subchapter, other
than in accordance with the original payment terms of the loan.
``Sec. 2540c. Fees charged and collected
``(a) In General.--The Secretary of Defense shall charge a fee
(known as `exposure fee') for each guarantee issued under this
subchapter.
``(b) Amount.--To the extent that the cost of the loan guarantees
under this subchapter is not otherwise provided for in appropriations
Acts, the fee imposed under this section with respect to a loan
guarantee shall be fixed in an amount determined by the Secretary to be
sufficient to meet potential liabilities of the United States under the
loan guarantee.
``(c) Payment Terms.--The fee for each guarantee shall become due
as the guarantee is issued. In the case of a guarantee for a loan which
is disbursed incrementally, and for which the guarantee is
correspondingly issued incrementally as portions of the loan are
disbursed, the fee shall be paid incrementally in proportion to the
amount of the guarantee that is issued.
``Sec. 2540d. Definitions
``In this subchapter:
``(1) The terms `defense article', `defense services', and
`design and construction services' have the meanings given
those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
``(2) The term `cost', with respect to a loan guarantee,
has the meaning given that term in section 502 of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 661a).''.
(2) The table of subchapters at the beginning of such chapter is
amended by adding at the end the following new item:
``VI. Defense Export Loan Guarantees........................ 2540''.
(b) Report.--(1) Not later than two years after the date of the
enactment of this Act, the President shall submit to Congress a report
on the loan guarantee program established pursuant to section 2540 of
title 10, United States Code, as added by subsection (a).
(2) The report shall include--
(A) an analysis of the costs and benefits of the loan
guarantee program; and
(B) any recommendations for modification of the program
that the President considers appropriate, including--
(i) any recommended addition to the list of
countries for which a guarantee may be issued under the
program; and
(ii) any proposed legislation necessary to
authorize a recommended modification.
SEC. 1054. LANDMINE CLEARING ASSISTANCE PROGRAM.
(a) Revision of Authority.--Section 1413 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2913; 10 U.S.C. 401 note) is amended by adding at the end the
following:
``(f) Special Requirements for Fiscal Year 1996.--Funds available
for fiscal year 1996 for the program under subsection (a) may not be
obligated for involvement of members of the Armed Forces in an activity
under the program until the date that is 30 days after the date on
which the Secretary of Defense certifies to Congress, in writing, that
the involvement of such personnel in the activity satisfies military
training requirements for such personnel.
``(g) Termination of Authority.--The Secretary of Defense may not
provide assistance under subsection (a) after September 30, 1996.''.
(b) Revision of Definition of Landmine.--Section 1423(d)(3) of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1831) is amended by striking out ``by remote control
or''.
(c) Fiscal Year 1996 Funding.--Of the amount authorized to be
appropriated by section 301 for Overseas Humanitarian, Disaster, and
Civic Aid (OHDACA) programs of the Department of Defense, not more than
$20,000,000 shall be available for the program of assistance under
section 1413 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2913; 10 U.S.C. 401 note).
SEC. 1055. STRATEGIC COOPERATION BETWEEN THE UNITED STATES AND ISRAEL.
(a) Findings.--Congress makes the following findings:
(1) The President and Congress have repeatedly declared the
long-standing United States commitment to maintaining the
qualitative superiority of the Israel Defense Forces over any
combination of potential adversaries.
(2) Congress continues to recognize the many benefits to
the United States from its strategic relationship with Israel,
including that of enhanced regional stability and technical
cooperation.
(3) Despite the historic peace effort in which Israel and
its neighbors are engaged, Israel continues to face severe
potential threats to its national security that are compounded
by terrorism and by the proliferation of weapons of mass
destruction and ballistic missiles.
(4) Congress supports enhanced United States cooperation
with Israel in all fields and, especially, in finding new ways
to deter or counter mutual threats.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should ensure that any conventional
defense system or technology offered by the United States for
sale to any member nation of the North Atlantic Treaty
Organization (NATO) or to any major non-NATO ally is
concurrently made available for purchase by Israel unless the
President determines that it would not be in the national
security interests of the United States to do so; and
(2) the President should make available to Israel, within
existing technology transfer laws, regulations, and policies,
advanced United States technology necessary for achieving
continued progress in cooperative United States-Israel research
and development of theater missile defenses.
SEC. 1056. SUPPORT SERVICES FOR THE NAVY AT THE PORT OF HAIFA, ISRAEL.
It is the sense of Congress that the Secretary of the Navy should
promptly undertake such actions as are necessary--
(1) to improve the services available to the Navy at the
Port of Haifa, Israel; and
(2) to ensure that the continuing increase in commercial
activities at the Port of Haifa does not adversely affect the
availability to the Navy of the services required by the Navy
at the port.
SEC. 1057. PROHIBITION ON ASSISTANCE TO TERRORIST COUNTRIES.
(a) Prohibition.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following:
``Sec. 2249a. Prohibition on assistance to terrorist countries
``(a) Prohibition.--Funds available to the Department of Defense
may not be obligated or expended to provide financial assistance to--
``(1) any country with respect to which the Secretary of
State has made a determination under section 6(j)(1)(A) of the
Export Administration Act of 1979 (50 App. 2405(j));
``(2) any country identified in the latest report submitted
to Congress under section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f), as providing significant support for international
terrorism; or
``(3) any other country that, as determined by the
President--
``(A) grants sanctuary from prosecution to any
individual or group that has committed an act of
international terrorism; or
``(B) otherwise supports international terrorism.
``(b) Waiver.--(1) The President may waive the application of
subsection (a) to a country if the President determines that it is in
the national security interests of the United States to do so or that
the waiver should be granted for humanitarian reasons.
``(2) The President shall--
``(A) notify the Committees on Armed Services and Foreign
Relations of the Senate and the Committees on National Security
and on International Relations of the House of Representatives
at least 15 days before the waiver takes effect; and
``(B) publish a notice of the waiver in the Federal
Register.
``(c) Definition.--In this section, the term `international
terrorism' has the meaning given that term in section 140(d) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f(d)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such chapter is amended by adding at the end the
following:
``2249a. Prohibition on assistance to terrorist countries.''.
SEC. 1058. INTERNATIONAL MILITARY EDUCATION AND TRAINING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national security interest of the United
States to promote military professionalism (including an
understanding of and respect for the proper role of the
military in a civilian-led democratic society), the effective
management of defense resources, the recognition of
internationally recognized human rights, and an effective
military justice system within the armed forces of allies of
the United States and of countries friendly to the United
States;
(2) it is in the national security interest of the United
States to foster rapport, understanding, and cooperation
between the Armed Forces of the United States and the armed
forces of allies of the United States and of countries friendly
to the United States;
(3) the international military education and training
program is a low-cost method of promoting military
professionalism within the armed forces of allies of the United States
and of countries friendly to the United States and fostering better
relations between the Armed Forces of the United States and those armed
forces;
(4) the dissolution of the Soviet Union and the Warsaw Pact
alliance and the spread of democracy in the Western Hemisphere
have created an opportunity to promote the military
professionalism of the armed forces of the affected nations;
(5) funding for the international military education and
training program of the United States has decreased
dramatically in recent years;
(6) the decrease in funding for the international military
education and training program has resulted in a major decrease
in the participation of personnel from Asia, Latin America, and
Africa in the program;
(7) the Chairman of the Joint Chiefs of Staff and the
commanders in chief of the regional combatant commands have
consistently testified before congressional committees that the
international military education and training program fosters
cooperation with and improves military management, civilian
control over the military forces, and respect for human rights
within foreign military forces; and
(8) the delegation by the President to the Secretary of
Defense of authority to perform functions relating to the
international military education and training program is
appropriate and should be continued.
(b) Activities Authorized.--(1) Part I of subtitle A of title 10,
United States Code, is amended by adding at the end the following:
``CHAPTER 23--CONTACTS UNDER PROGRAMS IN SUPPORT OF FOREIGN MILITARY
FORCES
``Sec.
``461. Military-to-military contacts and comparable activities.
``462. International military education and training.
``Sec. 462. International military education and training
``(a) Program Authority.--Subject to the provisions of chapter 5 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.),
the Secretary of Defense, upon the recommendation of a commander of a
combatant command, or, with respect to a geographic area or areas not
within the area of responsibility of a commander of a combatant
command, upon the recommendation of the Chairman of the Joint Chiefs of
Staff, may pay a portion of the costs of providing international
military education and training to military personnel of foreign
countries and to civilian personnel of foreign countries who perform
national defense functions.
``(b) Relationship to Other Funding.--Any amount provided pursuant
to subsection (a) shall be in addition to amounts otherwise available
for international military education and training for that fiscal
year.''.
(2) Section 168 of title 10, United States Code, is redesignated as
section 461, is transferred to chapter 23 (as added by paragraph (1)),
and is inserted after the table of sections at the beginning of such
chapter.
(3)(A) The tables of chapters at the beginning of subtitle A of
such title and the beginning of part I of such subtitle are amended by
inserting after the item relating to chapter 22 the following:
``23. Contacts Under Programs in Support of Foreign Military 461''.
Forces.
(B) The table of sections at the beginning of chapter 6 of title
10, United States Code, is amended by striking out the item relating to
section 168.
(c) Fiscal Year 1996 Funding.--Of the amount authorized to be
appropriated under section 301(5), $20,000,000 shall be available to
the Secretary of Defense for the purposes of carrying out activities
under section 462 of title 10, United States Code, as added by
subsection (b).
(d) Relationship to Authority of Secretary of State.--Nothing in
this section or section 462 of title 10, United States Code (as added
by subsection (b)(1)), shall impair the authority or ability of the
Secretary of State to coordinate policy regarding international
military education and training programs.
SEC. 1059. REPEAL OF LIMITATION REGARDING AMERICAN DIPLOMATIC
FACILITIES IN GERMANY.
Section 1432 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1833) is repealed.
SEC. 1060. IMPLEMENTATION OF ARMS CONTROL AGREEMENTS.
(a) Funding.--Of the amounts authorized to be appropriated under
sections 102, 103, 104, 201, and 301, $228,900,000 shall be available
for implementing arms control agreements to which the United States is
a party.
(b) Limitation.--(1) Except as provided in paragraph (2), none of
the funds authorized to be appropriated under subsection (a) for the
costs of implementing an arms control agreement may be used to
reimburse expenses incurred by any other party to the agreement for
which, without regard to any executive agreement or any policy not part
of an arms control agreement--
(A) the other party is responsible under the terms of the
arms control agreement; and
(B) the United States has no responsibility under the
agreement.
(2) The limitation in paragraph (1) does not apply to a use of
funds to fulfill a policy of the United States to reimburse expenses
incurred by another party to an arms control agreement if--
(A) the policy does not modify any obligation imposed by
the arms control agreement;
(B) the President--
(i) issued or approved the policy before the date
of the enactment of this Act; or
(ii) has entered into an agreement on the policy
with the government of another country or has approved
an agreement on the policy entered into by an official
of the United States and the government of another
country; and
(C) the President has notified the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on International Relations of the House of
Representatives of the policy or the policy agreement (as the
case may be), in writing, at least 30 days before the date on
which the President issued or approved the policy or has
entered into or approved the policy agreement.
(c) Definitions.--In this section:
(1) The term ``arms control agreement'' means an arms
control treaty or other form of international arms control
agreement.
(2) The term ``executive agreement'' is an international
agreement entered into by the President that is not authorized
by statute or approved by the Senate under Article II, section
2, clause 2 of the Constitution.
SEC. 1061. SENSE OF CONGRESS ON LIMITING THE PLACING OF UNITED STATES
FORCES UNDER UNITED NATIONS COMMAND OR CONTROL.
(a) Findings.--Congress finds that--
(1) the President has made United Nations peace operations
a major component of the foreign and security policies of the
United States;
(2) the President has committed United States military
personnel under United Nations operational control to missions
in Haiti, Croatia, and Macedonia that could endanger those
personnel;
(3) the President has committed the United States to deploy
as many as 25,000 military personnel to Bosnia-Herzegovina as
peacekeepers under United Nations command and control in the
event that the parties to that conflict reach a peace
agreement;
(4) although the President has insisted that he will retain
command of United States forces at all times, in the past this
has meant administrative control of United States forces only,
while operational control has been ceded to United Nations
commanders, some of whom were foreign nationals;
(5) the experience of United States forces participating in
combined United States-United Nations operations in Somalia,
and in combined United Nations-NATO operations in the former
Yugoslavia, demonstrate that prerequisites for effective
military operations such as unity of command and clarity of
mission have not been met by United Nations command and control
arrangements; and
(6) despite the many deficiencies in the conduct of United
Nations peace operations, there may be occasions when it is in
the national security interests of the United States to
participate in such operations.
(b) Policy.--It is the sense of Congress that--
(1) the President should consult closely with Congress
regarding any United Nations peace operation that could involve
United States combat forces, and that such consultations should
continue throughout the duration of such activities;
(2) the President should consult with Congress prior to a
vote within the United Nations Security Council on any
resolution which would authorize, extend, or revise the
mandates for such activities;
(3) in view of the complexity of United Nations peace
operations and the difficulty of achieving unity of command and
expeditious decisionmaking, the United States should
participate in such operations only when it is clearly in the
national security interest to do so;
(4) United States combat forces should be under the
operational control of qualified commanders and should have
clear and effective command and control arrangements and rules
of engagement (which do not restrict their self-defense in any
way) and clear and unambiguous mission statements; and
(5) none of the Armed Forces of the United States should be
under the operational control of foreign nationals in United
Nations peace enforcement operations except in the most
extraordinary circumstances.
(c) Definitions.--For purposes of this section--
(1) the term ``United Nations peace enforcement
operations'' means any international peace enforcement or
similar activity that is authorized by the United Nations
Security Council under chapter VII of the Charter of the United
Nations; and
(2) the term ``United Nations peace operations'' means any
international peacekeeping, peacemaking, peace enforcement, or
similar activity that is authorized by the United Nations
Security Council under chapter VI or VII of the Charter of the
United Nations.
SEC. 1062. SENSE OF SENATE ON PROTECTION OF UNITED STATES FROM
BALLISTIC MISSILE ATTACK.
(a) Findings.--The Senate makes the following findings:
(1) The proliferation of weapons of mass destruction and
ballistic missiles presents a threat to the entire World.
(2) This threat was recognized by Secretary of Defense
William J. Perry in February 1995 in the Annual Report to the
President and the Congress which states that ``[b]eyond the
five declared nuclear weapons states, at least 20 other nations
have acquired or are attempting to acquire weapons of mass
destruction--nuclear, biological, or chemical weapons--and the
means to deliver them. In fact, in most areas where United
States forces could potentially be engaged on a large scale,
many of the most likely adversaries already possess chemical
and biological weapons. Moreover, some of these same states
appear determined to acquire nuclear weapons.''.
(3) At a summit in Moscow in May 1995, President Clinton
and President Yeltsin commented on this threat in a Joint
Statement which recognizes `` . . . the threat posed by
worldwide proliferation of missiles and missile technology and
the necessity of counteracting this threat . . . ''.
(4) At least 25 countries may be developing weapons of mass
destruction and the delivery systems for such weapons.
(5) At least 24 countries have chemical weapons programs in
various stages of research and development.
(6) Approximately 10 countries are believed to have
biological weapons programs in various stages of development.
(7) At least 10 countries are reportedly interested in the
development of nuclear weapons.
(8) Several countries recognize that weapons of mass
destruction and missiles increase their ability to deter,
coerce, or otherwise threaten the United States. Saddam Hussein
recognized this when he stated, on May 8, 1990, that ``[o]ur
missiles cannot reach Washington. If they could reach
Washington, we would strike it if the need arose.''.
(9) International regimes like the Non-Proliferation
Treaty, the Biological Weapons Convention, and the Missile
Technology Control Regime, while effective, cannot by
themselves halt the spread of weapons and technology. On
January 10, 1995, Director of Central Intelligence, James
Woolsey, said with regard to Russia that `` . . . we are
particularly concerned with the safety of nuclear, chemical,
and biological materials as well as highly enriched uranium or
plutonium, although I want to stress that this is a global
problem. For example, highly enriched uranium was recently
stolen from South Africa, and last month Czech authorities
recovered three kilograms of 87.8 percent-enriched HEU in the
Czech Republic--the largest seizure of near-weapons grade
material to date outside the Former Soviet Union.''.
(10) The possession of weapons of mass destruction and
missiles by developing countries threatens our friends, allies,
and forces abroad and will ultimately threaten the United
States directly. On August 11, 1994, Deputy Secretary of
Defense John Deutch said that ``[i]f the North Koreans field
the Taepo Dong 2 missile, Guam, Alaska, and parts of Hawaii
would potentially be at risk.''.
(11) The end of the Cold War has changed the strategic
environment facing and between the United States and Russia.
That the Clinton Administration believes the environment to
have changed was made clear by Secretary of Defense William J.
Perry on September 20, 1994, when he stated that ``[w]e now
have the opportunity to create a new relationship, based not on
MAD, not on Mutual Assured Destruction, but rather on another
acronym, MAS, or Mutual Assured Safety.''.
(12) The United States and Russia have the opportunity to
create a relationship based on trust rather than fear.
(b) Sense of Senate.--It is the sense of the Senate that all
Americans should be protected from accidental, intentional, or limited
ballistic missile attack. It is the further sense of the Senate that
front-line troops of the United States Armed Forces should be protected
from missile attacks.
(c) Funding for Corps SAM and Boost-Phase Interceptor Programs.--
(1) Notwithstanding any other provision in this Act, of the
funds authorized to be appropriated by section 201(4),
$35,000,000 shall be available for the Corps SAM/MEADS program.
(2) With a portion of the funds authorized in paragraph (1)
for the Corps SAM/MEADS program, the Secretary of Defense shall
conduct a study to determine whether a Theater Missile Defense
system derived from Patriot technologies could fulfill the
Corps SAM/MEADS requirements at a lower estimated life-cycle
cost than is estimated for the cost of the United States
portion of the Corps SAM/MEADS program.
(3) The Secretary shall provide a report on the study
required under paragraph (2) to the congressional defense
committees not later than March 1, 1996.
(4) Of the funds authorized to be appropriated by section
201(4), not more than $3,403,413,000 shall be available for
missile defense programs within the Ballistic Missile Defense
Organization.
(d) Obligation of Funds.--Of the amounts referred to in section
(c)(1), $10,000,000 may not be obligated until the report referred to
in subsection (c)(2) is submitted to the congressional defense
committees.
SEC. 1063. IRAN AND IRAQ ARMS NONPROLIFERATION.
(a) Sanctions Against Transfers of Persons.--Section 1604(a) of the
Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law
102-484; 50 U.S.C. 1701 note) is amended by inserting ``to acquire
chemical, biological, or nuclear weapons or'' before ``to acquire''.
(b) Sanctions Against Transfers of Foreign Countries.--Section
1605(a) of such Act is amended by inserting ``to acquire chemical,
biological, or nuclear weapons or'' before ``to acquire''.
(c) Clarification of United States Assistance.--Subparagraph (A) of
section 1608(7) of such Act is amended to read as follows:
``(A) any assistance under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent
humanitarian assistance or medicine;''.
SEC. 1064. REPORTS ON ARMS EXPORT CONTROL AND MILITARY ASSISTANCE.
(a) Reports by Secretary of State.--Not later than 180 days after
the date of the enactment of this Act and every year thereafter until
1998, the Secretary of State shall submit to Congress a report setting
forth--
(1) an organizational plan to include those firms on the
Department of State licensing watch-lists that--
(A) engage in the exportation of potentially
sensitive or dual-use technologies; and
(B) have been identified or tracked by similar
systems maintained by the Department of Defense,
Department of Commerce, or the United States Customs
Service; and
(2) further measures to be taken to strengthen United
States export-control mechanisms.
(b) Reports by Inspector General.--(1) Not later than 180 days
after the date of the enactment of this Act and 1 year thereafter, the
Inspector General of the Department of State and the Foreign Service
shall submit to Congress a report on the evaluation by the Inspector
General of the effectiveness of the watch-list screening process at the
Department of State during the preceding year. The report shall be
submitted in both a classified and unclassified version.
(2) Each report under paragraph (1) shall--
(A) set forth the number of licenses granted to parties on
the watch-list;
(B) set forth the number of end-use checks performed by the
Department;
(C) assess the screening process used by the Department in
granting a license when an applicant is on a watch-list; and
(D) assess the extent to which the watch-list contains all
relevant information and parties required by statute or
regulation.
(c) Annual Military Assistance Report.--The Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section
654 the following new section:
``SEC. 655 ANNUAL MILITARY ASSISTANCE REPORT.
``(a) In General.--Not later than February 1 of 1996 and 1997, the
President shall transmit to Congress an annual report for the fiscal
year ending the previous September 30, showing the aggregate dollar
value and quantity of defense articles (including excess defense
articles) and defense services, and of military education and training,
furnished by the United States to each foreign country and
international organization, by category, specifying whether they were
furnished by grant under chapter 2 or chapter 5 of part II of this Act
or by sale under chapter 2 of the Arms Control Export Control Act or
authorized by commercial sale license under section 38 of that Act.
``(b) Additional Contents of Reports.--Each report shall also
include the total amount of military items of non-United States
manufacture being imported into the United States. The report should
contain the country of origin, the type of item being imported, and the
total amount of items.''.
Subtitle G--Repeal of Certain Reporting Requirements
SEC. 1071. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.
(a) Annual Report on Relocation Assistance Programs.--Section 1056
of title 10, United States Code, is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Notice of Salary Increases for Foreign National Employees.--
Section 1584 of such title is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Waiver of
Employment Restrictions for Certain Personnel.--''.
(c) Notice of Involuntary Reductions of Civilian Positions.--
Section 1597 of such title is amended by striking out subsection (e).
(d) Notification of Requirement for Award of Contracts To Comply
With Cooperative Agreements.--Section 2350b(d) of such title is
amended--
(1) by striking out paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(3) in paragraph (1), as so redesignated, by striking out
``shall also notify'' and inserting in lieu thereof ``shall
notify''.
(e) Notice Regarding Contracts Performed for Periods Exceeding 10
Years.--(1) Section 2352 of such title is repealed.
(2) The table of sections at the beginning of chapter 139 of such
title is amended by striking out the item relating to section 2352.
(f) Annual Report on Biological Defense Research Program.--(1)
Section 2370 of such title is repealed.
(2) The table of sections at the beginning of chapter 139 of such
title is amended by striking out the item relating to section 2370.
(g) Annual Report on Military Base Reuse Studies and Planning
Assistance.--Section 2391 of such title is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(h) Compilation of Reports Filed by Employees or Former Employees
of Defense Contractors.--Section 2397 of such title is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(i) Report on Low-Rate Production Under Naval Vessel and Military
Satellite Programs.--Section 2400(c) of such title is amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1)--
(A) by striking out ``(1)''; and
(B) by redesignating clauses (A) and (B) as clauses
(1) and (2), respectively.
(j) Report on Waivers of Prohibition on Employment of Felons.--
Section 2408(a)(3) of such title is amended by striking out the second
sentence.
(k) Report on Determination Not To Debar for Fraudulent Use of
Labels.--Section 2410f(a) of such title is amended by striking out the
second sentence.
(l) Annual Report on Waivers of Prohibition Relating to Secondary
Arab Boycott.--Section 2410i(c) of such title is amended by striking
out the second sentence.
(m) Report on Adjustment of Amounts Defining Major Defense
Acquisition Programs.--Section 2430(b) of such title is amended by
striking out the second sentence.
(n) Budget Documents on Weapons Development and Procurement
Schedules.--(1) Section 2431 of such title is repealed.
(2) The table of sections at the beginning of chapter 144 of such
title is amended by striking out the item relating to section 2431.
(o) Notice of Waiver of Limitation on Performance of Depot-Level
Maintenance.--Section 2466(c) of such title is amended by striking out
``and notifies Congress regarding the reasons for the waiver''.
(p) Annual Report on Information on Foreign-Controlled
Contractors.--Section 2537 of such title is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(q) Annual Report on Real Property Transactions.--Section 2662 of
such title is amended--
(1) by striking out subsection (b); and
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively.
(r) Notifications and Reports on Architectural and Engineering
Services and Construction Design.--Section 2807 of such title is
amended--
(1) by striking out subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection (c).
(s) Report on Construction Projects for Environmental Response
Actions.--Section 2810 of such title is amended--
(1) in subsection (a), by striking out ``Subject to
subsection (b), the Secretary'' and inserting in lieu thereof
``The Secretary'';
(2) by striking out subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(t) Notice of Military Construction Contracts on Guam.--Section
2864(b) of such title is amended by striking out ``after the 21-day
period'' and all that follows through the period at the end and
inserting in lieu thereof a period.
(u) Annual Report on Energy Savings at Military Installations.--
Section 2865 of such title is amended by striking out subsection (f).
SEC. 1072. REPORTS REQUIRED BY TITLE 37, UNITED STATES CODE, AND
RELATED PROVISIONS OF DEFENSE AUTHORIZATION ACTS.
(a) Annual Report on Travel and Transportation Allowances for
Dependents.--Section 406 of title 37, United States Code, is amended by
striking out subsection (i).
(b) Report on Annual Review of Pay and Allowances.--Section 1008(a)
of such title is amended by striking out the second sentence.
(c) Report on Quadrennial Review of Adjustments in Compensation.--
Section 1009(f) of such title is amended by striking out ``of this
title,'' and all that follows through the period at the end and
inserting in lieu thereof ``of this title.''.
(d) Public Law 101-189 Requirement for Report Regarding Special Pay
for Army, Navy, and Air Force Psychologists.--Section 704 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1471; 37 U.S.C. 302c note) is amended by
striking out subsection (d).
(e) Public Law 101-510 Requirement for Report Regarding Special Pay
for Nurse Anesthetists.--Section 614 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat.
1577; 37 U.S.C. 302e note) is amended by striking out subsection (c).
SEC. 1073. REPORTS REQUIRED BY OTHER DEFENSE AUTHORIZATION AND
APPROPRIATIONS ACTS.
(a) Public Law 98-94 Requirement for Annual Report on CHAMPUS and
USTF Medical Care.--Section 1252 of the Department of Defense
Authorization Act, 1984 (Public Law 98-94; 42 U.S.C. 248d) is amended
by striking out subsection (d).
(b) Public Law 99-661 Requirement for Report on Funding for
Nicaraguan Democratic Resistance.--Section 1351 of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 Stat.
3995; 10 U.S.C. 114 note) is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Limitation.--
''.
(c) Public Law 100-180 Requirement for Selected Acquisition Reports
for ATB, ACM, and ATA Programs.--Section 127 of the National Defense
Authorization Act for Fiscal Years 1988 and 1989 (10 U.S.C. 2432 note)
is repealed.
(d) Public Law 101-189 Requirement for Notification of Closure of
Military Child Development Centers.--Section 1505(f) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1594; 10 U.S.C. 113 note) is amended by striking out
paragraph (3).
(e) Public Law 101-510 Requirement for Annual Report on Overseas
Military Facility Investment Recovery Account.--Section 2921 of the
Military Construction Authorization Act for Fiscal Year 1991 (division
B of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(f) Public Law 102-190 Requirement for Science, Mathematics, and
Engineering Education Master Plan.--Section 829 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1444; 10 U.S.C. 2192 note) is repealed.
(g) Public Law 102-484 Requirement for Report Relating to Use of
Class I Ozone-Depleting Substances in Military Procurements.--Section
326(a) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 106 Stat. 2368; 10 U.S.C. 301 note) is amended by
striking out paragraphs (4) and (5).
(h) Public Law 103-139 Requirement for Report Regarding Heating
Facility Modernization at Kaiserslautern.--Section 8008 of the
Department of Defense Appropriations Act, 1994 (Public Law 103-139; 107
Stat. 1438), is amended by inserting ``but without regard to the
notification requirement in subsection (b)(2) of such section,'' after
``section 2690 of title 10, United States Code,''.
SEC. 1074. REPORTS REQUIRED BY OTHER NATIONAL SECURITY LAWS.
(a) Arms Export Control Act Requirement for Quarterly Report on
Price and Availability Estimates.--Section 28 of the Arms Export
Control Act (22 U.S.C. 2768) is repealed.
(b) National Security Agency Act of 1959 Requirement for Annual
Report on NSA Executive Personnel.--Section 12(a) of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by striking
out paragraph (5).
(c) Public Law 85-804 Requirement for Report on Omission of
Contract Clause Under Special National Defense Contracting Authority.--
Section 3(b) of the Act of August 28, 1958 (50 U.S.C. 1433(b)), is
amended by striking out the matter following paragraph (2).
SEC. 1075. REPORTS REQUIRED BY OTHER PROVISIONS OF THE UNITED STATES
CODE.
Section 1352(f) of title 31, United States Code, is amended--
(1) by inserting ``(1)'' after ``(f)'';
(2) by striking out the second sentence; and
(3) by adding at the end the following:
``(2) Subsections (a)(6) and (d) do not apply to the Department of
Defense.''.
SEC. 1076. REPORTS REQUIRED BY OTHER PROVISIONS OF LAW.
(a) Panama Canal Act of 1979 Requirement for Annual Report
Regarding United States Treaty Rights and Obligations.--Section 3301 of
the Panama Canal Act of 1979 (22 U.S.C. 3871) is repealed.
(b) Public Law 91-611 Requirement for Annual Report on Water
Resources Project Agreements.--Section 221 of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b) is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(c) Public Law 94-587 Requirement for Annual Report on Construction
of Tennessee-Tombigbee Waterway.--Section 185 of the Water Resources
Development Act of 1976 (Public Law 94-587; 33 U.S.C. 544c) is amended
by striking out the second sentence.
(d) Public Law 100-333 Requirement for Annual Report on Monitoring
of Navy Home Port Waters.--Section 7 of the Organotin Antifouling Paint
Control Act of 1988 (Public Law 100-333; 33 U.S.C. 2406) is amended--
(1) by striking out subsection (d); and
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 1077. REPORTS REQUIRED BY JOINT COMMITTEE ON PRINTING.
Requirements for submission of the following reports imposed in the
exercise of authority under section 103 of title 44, United States
Code, do not apply to the Department of Defense:
(1) A notice of intent to apply new printing processes.
(2) A report on equipment acquisition or transfer.
(3) A printing plant report.
(4) A report on stored equipment.
(5) A report on jobs which exceed Joint Committee on
Printing duplicating limitations.
(6) A notice of intent to contract for printing services.
(7) Research and development plans.
(8) A report on commercial printing.
(9) A report on collator acquisition.
(10) An annual plant inventory.
(11) An annual map or chart plant report.
(12) A report on activation or moving a printing plant.
(13) An equipment installation notice.
(14) A report on excess equipment.
Subtitle H--Other Matters
SEC. 1081. GLOBAL POSITIONING SYSTEM.
The Secretary of Defense shall turn off the selective availability
feature of the global positioning system by May 1, 1996, unless the
Secretary submits to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives a
plan that--
(1) provides for development and acquisition of--
(A) effective capabilities to deny hostile military
forces the ability to use the global positioning system
without hindering the ability of United States military
forces and civil users to exploit the system; and
(B) global positioning system receivers and other
techniques for weapons and weapon systems that provide
substantially improved resistance to jamming and other
forms of electronic interference or disruption; and
(2) includes a specific date by which the Secretary of
Defense intends to complete the acquisition of the capabilities
described in paragraph (1).
SEC. 1082. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that, unless
and until the START II Treaty enters into force, the Secretary of
Defense should not take any action to retire or dismantle, or to
prepare to retire or dismantle, any of the following strategic nuclear
delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic missiles.
(4) Peacekeeper intercontinental ballistic missiles.
(b) Limitation on Use of Funds.--Funds available to the Department
of Defense may not be obligated or expended during fiscal year 1996 for
retiring or dismantling, or for preparing to retire or dismantle, any
of the strategic nuclear delivery systems specified in subsection (a).
SEC. 1083. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNITIES PILOT PROGRAM.
Section 1091(a) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) is amended by
striking out ``through 1995'' and inserting in lieu thereof ``through
1997''.
SEC. 1084. REPORT ON DEPARTMENT OF DEFENSE BOARDS AND COMMISSIONS.
(a) Report on Boards and Commissions Receiving Department
Support.--Not later than April 1, 1996, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing the following:
(1) A list of the boards and commissions described in
subsection (b) that received support (including funds,
equipment, materiel, or other assets, or personnel) from the
Department of Defense in last full fiscal year preceding the
date of the report.
(2) A list of the boards and commissions referred to in
paragraph (1) that are determined by the Secretary to merit
continued support from the Department.
(3) A description, for each board and commission listed
under paragraph (2), of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support provided by
the Department to the board or commission in the last
full fiscal year preceding the date of the report;
(C) the nature and duration of the support that the
Secretary proposes to provide to the board or
commission;
(D) the anticipated cost to the Department of
providing such support; and
(E) a justification of the determination that the
board or commission merits the support of the
Department.
(4) A list of the boards and commissions referred to in
paragraph (1) that are determined by the Secretary not to merit
continued support from the Department.
(5) A description, for each board and commission listed
under paragraph (4), of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support provided by
the Department to the board or commission in the last
full fiscal year preceding the date of the report; and
(C) a justification of the determination that the
board or commission does not merit the support of the
Department.
(b) Covered Boards.--Subsection (a)(1) applies to the boards and
commissions, including boards and commissions authorized by law,
operating within or for the Department of Defense that--
(1) provide only policy-making assistance or advisory
services for the Department; or
(2) carry out activities that are not routine activities,
on-going activities, or activities necessary to the routine,
on-going operations of the Department.
SEC. 1085. REVISION OF AUTHORITY FOR PROVIDING ARMY SUPPORT FOR THE
NATIONAL SCIENCE CENTER FOR COMMUNICATIONS AND
ELECTRONICS.
(a) Purpose.--Subsection (b)(2) of section 1459 of the Department
of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 763) is
amended by striking out ``to make available'' and all that follows and
inserting in lieu thereof ``to provide for the management, operation,
and maintenance of those areas in the national science center that are
designated for use by the Army and to provide incidental support for
the operation of general use areas of the center.''.
(b) Authority for Support.--Subsection (c) of such section is
amended to read a follows:
``(c) National Science Center.--(1) The Secretary may manage,
operate, and maintain facilities at the center under terms and
conditions prescribed by the Secretary for the purpose of conducting
educational outreach programs in accordance with chapter 111 of title
10, United States Code.
``(2) The Foundation, or NSC Discovery Center, Incorporated, shall
submit to the Secretary for review and approval all matters pertaining
to the acquisition, design, renovation, equipping, and furnishing of
the center, including all plans, specifications, contracts, sites, and
materials for the center.''.
(c) Authority for Acceptance of Gifts and Fundraising.--Subsection
(d) of such section is amended to read as follows:
``(d) Gifts and Fundraising.--(1) Subject to paragraph (3), the
Secretary may accept a conditional donation of money or property that
is made for the benefit of, or in connection with, the center.
``(2) Notwithstanding any other provision of law, the Secretary may
endorse, promote, and assist the efforts of the Foundation and NSC
Discovery Center, Incorporated, to obtain--
``(A) funds for the management, operation, and maintenance
of the center; and
``(B) donations of exhibits, equipment, and other property
for use in the center.
``(3) The Secretary may not accept a donation under this subsection
that is made subject to--
``(A) any condition that is inconsistent with an applicable
law or regulation; or
``(B) except to the extent provided in appropriations Acts,
any condition that would necessitate an expenditure of
appropriated funds.
``(4) The Secretary shall prescribe in regulations the criteria to
be used in determining whether to accept a donation. The Secretary
shall include criteria to ensure that acceptance of a donation does not
establish an unfavorable appearance regarding the fairness and
objectivity with which the Secretary or any other officer or employee
of the Department of Defense performs official responsibilities and
does not compromise or appear to compromise the integrity of a
Government program or any official involved in that program.''.
(d) Authorized Uses.--Such section is amended--
(1) by striking out subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) in subsection (f), as redesignated by paragraph (2), by
inserting ``areas designated for Army use in'' after ``The
Secretary may make''.
(e) Alternative of Additional Development and Management.--Such
section, as amended by subsection (d), is further amended by adding at
the end the following:
``(g) Alternative or Additional Development and Management of the
Center.--(1) The Secretary may enter into an agreement with NSC
Discovery Center, Incorporated, a nonprofit corporation of the State of
Georgia, to develop, manage, and maintain a national science center
under this section. In entering into an agreement with NSC Discovery
Center, Incorporated, the Secretary may agree to any term or condition
to which the Secretary is authorized under this section to agree for
purposes of entering into an agreement with the Foundation.
``(2) The Secretary may exercise the authority under paragraph (1)
in addition to, or instead of, exercising the authority provided under
this section to enter into an agreement with the Foundation.''.
SEC. 1086. AUTHORITY TO SUSPEND OR TERMINATE COLLECTION ACTIONS AGAINST
DECEASED MEMBERS.
Section 3711 of title 31, United States Code, is amended by adding
at the end the following:
``(g)(1) The Secretary of Defense may suspend or terminate an
action by the Department of Defense under this section to collect a
claim against the estate of a person who died while serving on active
duty as a member of the armed forces if the Secretary determines that,
under the circumstances applicable with respect to the deceased person,
it is appropriate to do so.
``(2) For purposes of this subsection, the terms `armed forces' and
`active duty' have the meanings given such terms in section 101 of
title 10.''.
SEC. 1087. DAMAGE OR LOSS TO PERSONAL PROPERTY DUE TO EMERGENCY
EVACUATION OR EXTRAORDINARY CIRCUMSTANCES.
(a) Settlement of Claims of Personnel.--Section 3721(b)(1) of title
31, United States Code, is amended by inserting after the first
sentence the following: ``If, however, the claim arose from an
emergency evacuation or from extraordinary circumstances, the amount
settled and paid under the authority of the preceding sentence may
exceed $40,000, but may not exceed $100,000.''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as of June 1, 1991, and shall apply with respect
to claims arising on or after that date.
SEC. 1088. CHECK CASHING AND EXCHANGE TRANSACTIONS FOR DEPENDENTS OF
UNITED STATES GOVERNMENT PERSONNEL.
(a) Authority To Carry Out Transactions.--Subsection (b) of section
3342 of title 31, United States Code, is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) a dependent of personnel of the Government, but
only--
``(A) at a United States installation at which
adequate banking facilities are not available; and
``(B) in the case of negotiation of negotiable
instruments, if the dependent's sponsor authorizes, in
writing, the presentation of negotiable instruments to
the disbursing official for negotiation.''.
(b) Pay Offset.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The amount of any deficiency resulting from cashing a check
for a dependent under subsection (b)(3), including any charges assessed
against the disbursing official by a financial institution for
insufficient funds to pay the check, may be offset from the pay of the
dependent's sponsor.''.
(c) Definitions.--Such section is further amended by adding at the
end the following:
``(e) The Secretary of Defense shall define in regulations the
terms `dependent' and `sponsor' for the purposes of this section. In
the regulations, the term `dependent', with respect to a member of a
uniformed service, shall have the meaning given that term in section
401 of title 37.''.
SEC. 1089. TRAVEL OF DISABLED VETERANS ON MILITARY AIRCRAFT.
(a) Limited Entitlement.--Chapter 157 of title 10, United States
Code, is amended by inserting after section 2641 the following new
section:
``Sec. 2641a. Travel of disabled veterans on military aircraft
``(a) Limited Entitlement.--A veteran entitled under laws
administered by the Secretary of Veterans Affairs to receive
compensation for a service-connected disability rated as total by the
Secretary is entitled, in the same manner and to the same extent as
retired members of the armed forces, to transportation (on a space-
available basis) on unscheduled military flights within the continental
United States and on scheduled overseas flights operated by the
Military Airlift Command.
``(b) Definitions.--In this section, the terms `veteran',
`compensation', and `service-connected' have the meanings given such
terms in section 101 of title 38.''.
(b) Clerical Amendment.--The table of sections, at the beginning of
such chapter, is amended by inserting after the item relating to
section 2641 the following new item:
``2641a. Travel of disabled veterans on military aircraft.''.
SEC. 1090. TRANSPORTATION OF CRIPPLED CHILDREN IN PACIFIC RIM REGION TO
HAWAII FOR MEDICAL CARE.
(a) Transportation Authorized.--Chapter 157 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2643. Transportation of crippled children in Pacific Rim region
to Hawaii for medical care
``(a) Transportation Authorized.--Subject to subsection (c), the
Secretary of Defense may provide persons eligible under subsection (b)
with round trip transportation in an aircraft of the Department of
Defense, on a space-available basis, between an airport in the Pacific
Rim region and the State of Hawaii. No charge may be imposed for
transportation provided under this section.
``(b) Persons Covered.--Persons eligible to be provided
transportation under this section are as follows:
``(1) A child under 18 years of age who (A) resides in the
Pacific Rim region, (B) is a crippled child in need of
specialized medical care for the child's condition as a
crippled child, which may include any associated or related
condition, (C) upon arrival in Hawaii, is to be admitted to
receive such medical care, at no cost to the patient, at a
medical facility in Honolulu, Hawaii, that specializes in
providing such medical care, and (D) is unable to afford the
costs of transportation to Hawaii.
``(2) One adult attendant accompanying a child transported
under this section.
``(c) Conditions.--The Secretary may provide transportation under
subsection (a) only if the Secretary determines that--
``(1) it is not inconsistent with the foreign policy of the
United States to do so;
``(2) the transportation is for humanitarian purposes;
``(3) the health of the child to be transported is
sufficient for the child to endure safely the stress of travel
for the necessary distance in the Department of Defense
aircraft involved;
``(4) all authorizations, permits, and other documents
necessary for admission of the child at the medical treatment
facility referred to in subsection (b)(1)(C) are in order;
``(5) all necessary passports and visas necessary for
departure from the residences of the persons to be transported
and from the airport of departure, for entry into the United
States, for reentry into the country of departure, and for
return to the persons' residences are in proper order; and
``(6) arrangements have been made to ensure that--
``(A) the persons to be transported will board the
aircraft on the schedule established by the Secretary;
and
``(B) the persons--
``(i) will be met and escorted to the
medical treatment facility by appropriate
personnel of the facility upon the arrival of
the aircraft in Hawaii; and
``(ii) will be returned to the airport in
Hawaii for transportation (on the schedule
established by the Secretary) back to the
country of departure.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2643. Transportation of crippled children in Pacific Rim region to
Hawaii for medical care.''.
SEC. 1091. STUDENT INFORMATION FOR RECRUITING PURPOSES.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) educational institutions, including secondary schools,
should not have a policy of denying, or otherwise effectively
preventing, the Secretary of Defense from obtaining for
military recruiting purposes--
(A) entry to any campus or access to students on
any campus equal to that of other employers; or
(B) access to directory information pertaining to
students (other than in a case in which an objection
has been raised as described in paragraph (2));
(2) an educational institution that releases directory
information should--
(A) give public notice of the categories of such
information to be released; and
(B) allow a reasonable period after such notice has
been given for a student or (in the case of an
individual younger than 18 years of age) a parent to
inform the institution that any or all of such
information should not be released without obtaining
prior consent from the student or the parent, as the
case may be; and
(3) the Secretary of Defense should prescribe regulations
that contain procedures for determining if and when an
educational institution has denied or prevented access to
students or information as described in paragraph (1).
(b) Definitions.--In this section:
(1) The term ``directory information'' means, with respect
to a student, the student's name, address, telephone listing,
date and place of birth, level of education, degrees received,
and (if available) the most recent previous educational program
enrolled in by the student.
(2) The term ``student'' means an individual enrolled in
any program of education who is 17 years of age or older.
SEC. 1092. STATE RECOGNITION OF MILITARY ADVANCE MEDICAL DIRECTIVES.
(a) In General.--(1) Chapter 53 of title 10, United States Code, is
amended by inserting after section 1044b the following new section:
``Sec. 1044c. Advance medical directives of armed forces personnel and
dependents: requirement for recognition by States
``(a) Instruments To Be Given Legal Effect Without Regard to State
Law.--An advance medical directive executed by a person eligible for
legal assistance--
``(1) is exempt from any requirement of form, substance,
formality, or recording that is provided for advance medical
directives under the laws of a State; and
``(2) shall be given the same legal effect as an advance
medical directive prepared and executed in accordance with the
laws of the State concerned.
``(b) Advance Medical Directives Covered.--For purposes of this
section, an advance medical directive is any written declaration that--
``(1) sets forth directions regarding the provision,
withdrawal, or withholding of life-prolonging procedures,
including hydration and sustenance, for the declarant whenever
the declarant has a terminal physical condition or is in a
persistent vegetative state; or
``(2) authorizes another person to make health care
decisions for the declarant, under circumstances stated in the
declaration, whenever the declarant is incapable of making
informed health care decisions.
``(c) Statement To Be Included.--(1) Under regulations prescribed
by the Secretary concerned, each advance medical directive prepared by
an attorney authorized to provide legal assistance shall contain a
statement that sets forth the provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make inapplicable the
provisions of subsection (a) to an advance medical directive that does
not include a statement described in that paragraph.
``(d) States Not Recognizing Advance Medical Directives.--
Subsection (a) does not make an advance medical directive enforceable
in a State that does not otherwise recognize and enforce advance
medical directives under the laws of the State.
``(e) Definitions.--In this section:
``(1) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and a possession of the United
States.
``(2) The term `person eligible for legal assistance' means
a person who is eligible for legal assistance under section
1044 of this title.
``(3) The term `legal assistance' means legal services
authorized under section 1044 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1044b the
following:
``1044c. Advance medical directives of armed forces personnel and
dependents: requirement for recognition by
States.''.
(b) Effective Date.--Section 1044c of title 10, United States Code,
shall take effect on the date of the enactment of this Act and shall
apply to advance medical directives referred to in such section that
are executed before, on, or after that date.
SEC. 1093. REPORT ON PERSONNEL REQUIREMENTS FOR CONTROL OF TRANSFER OF
CERTAIN WEAPONS.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense and the Secretary of Energy shall submit to
the committees of Congress referred to in subsection (c) of section
1154 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1761) the report required under
subsection (a) of that section. The Secretary of Defense and the
Secretary of Energy shall include with the report an explanation of the
failure of such Secretaries to submit the report in accordance with
such subsection (a) and with all other previous requirements for the
submittal of the report.
SEC. 1094. SENSE OF SENATE REGARDING ETHICS COMMITTEE INVESTIGATION.
(a) The Senate finds that--
(1) the Senate Select Committee on Ethics has a thirty-one
year tradition of handling investigations of official
misconduct in a bipartisan, fair and professional manner;
(2) the Ethics Committee, to ensure fairness to all parties
in any investigation, must conduct its responsibilities
strictly according to established procedure and free from
outside interference;
(3) the rights of all parties to bring an ethics complaint
against a member, officer, or employee of the Senate are
protected by the official rules and precedents of the Senate
and the Ethics Committee;
(4) any Senator responding to a complaint before the Ethics
Committee deserves a fair and non-partisan hearing according to
the rules of the Ethics Committee;
(5) the rights of all parties in an investigation--both the
individuals who bring a complaint or testify against a Senator,
and any Senator charged with an ethics violation--can only be
protected by strict adherence to the established rules and
procedures of the ethics process;
(6) the integrity of the Senate and the integrity of the
Ethics Committee rest on the continued adherence to precedents
and rules, derived from the Constitution; and,
(7) the Senate as a whole has never intervened in any
ongoing Senate Ethics Committee investigation, and has
considered matters before that Committee only after the
Committee has submitted a report and recommendations to the
Senate;
(b) Therefore, it is the Sense of the Senate that the Select
committee on Ethics should not, in the case of Senator Robert Packwood
of Oregon, deviate from its customary and standard procedure, and
should, prior to the Senate's final resolution of the case, follow
whatever procedures it deems necessary and appropriate to provide a
full and complete public record of the relevant evidence in this case.
SEC. 1095. SENSE OF SENATE REGARDING FEDERAL SPENDING.
It is the sense of the Senate that in pursuit of a balanced Federal
budget, Congress should exercise fiscal restraint, particularly in
authorizing spending not requested by the Executive Branch and in
proposing new programs.
SEC. 1096. ASSOCIATE DIRECTOR OF CENTRAL INTELLIGENCE FOR MILITARY
SUPPORT.
Section 102 of the National Security Act of 1947 (50 U.S.C. 403) is
amended by adding at the end the following:
``(e) In the event that neither the Director nor Deputy Director of
Central Intelligence is a commissioned officer of the Armed Forces, a
commissioned officer of the Armed Forces appointed to the position of
Associate Director of Central Intelligence for Military Support, while
serving in such position, shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of such
officer authorized for the armed force of which such officer is a
member.''.
SEC. 1097. REVIEW OF NATIONAL POLICY ON PROTECTING THE NATIONAL
INFORMATION INFRASTRUCTURE AGAINST STRATEGIC ATTACKS.
Not later than 120 days after the date of the enactment of this
Act, the President shall submit to Congress a report setting forth the
following:
(1) The national policy and architecture governing the
plans for establishing procedures, capabilities, systems, and
processes necessary to perform indications, warning, and
assessment functions regarding strategic attacks by foreign
nations, groups, or individuals, or any other entity against
the national information infrastructure.
(2) The future of the National Communications System (NCS),
which has performed the central role in ensuring national
security and emergency preparedness communications for
essential United States Government and private sector users,
including, specifically, a discussion of--
(A) whether there is a Federal interest in
expanding or modernizing the National Communications
System in light of the changing strategic national
security environment and the revolution in information
technologies; and
(B) the best use of the National Communications
System and the assets and experience it represents as
an integral part of a larger national strategy to
protect the United States against a strategic attack on
the national information infrastructure.
SEC. 1098. JUDICIAL ASSISTANCE TO THE INTERNATIONAL TRIBUNAL FOR
YUGOSLAVIA AND TO THE INTERNATIONAL TRIBUNAL FOR RWANDA.
(a) Surrender of Persons.--
(1) Application of united states extradition laws.--Except
as provided in paragraphs (2) and (3), the provisions of
chapter 209 of title 18, United States Code, relating to the
extradition of persons to a foreign country pursuant to a
treaty or convention for extradition between the United States
and a foreign government, shall apply in the same manner and
extent to the surrender of persons, including United States
citizens, to--
(A) the International Tribunal for Yugoslavia,
pursuant to the Agreement Between the United States and
the International Tribunal for Yugoslavia; and
(B) the International Tribunal for Rwanda, pursuant
to the Agreement Between the United States and the
International Tribunal for Rwanda.
(2) Evidence on hearings.--For purposes of applying section
3190 of title 18, United States Code, in accordance with
paragraph (1), the certification referred to in the section may
be made by the principal diplomatic or consular officer of the
United States resident in such foreign countries where the
International Tribunal for Yugoslavia or the International
Tribunal for Rwanda may be permanently or temporarily situated.
(3) Payment of fees and costs.--(A) The provisions of the
Agreement Between the United States and the International
Tribunal for Yugoslavia and of the Agreement Between the United
States and the International Tribunal for Rwanda shall apply in
lieu of the provisions of section 3195 of title 18, United
States Code, with respect to the payment of expenses arising
from the surrender by the United States of a person to the
International Tribunal for Yugoslavia or the International
Tribunal for Rwanda, respectively, or from any proceedings in
the United States relating to such surrender.
(B) The authority of subparagraph (A) may be exercised only
to the extent and in the amounts provided in advance in
appropriations Acts.
(4) Nonapplicability of the federal rules.--The Federal
Rules of Evidence and the Federal Rules of Criminal Procedure
do not apply to proceedings for the surrender of persons to the
International Tribunal for Yugoslavia or the International
Tribunal for Rwanda.
(b) Assistance to Foreign and International Tribunals and to
Litigants Before Such Tribunals.--Section 1782(a) of title 28, United
States Code, is amended by inserting in the first sentence after
``foreign or international tribunal'' the following: ``, including
criminal investigations conducted prior to formal accusation''.
(c) Definitions.--As used in this section:
(1) International tribunal for yugoslavia.--The term
``International Tribunal for Yugoslavia'' means the
International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International
Humanitarian Law in the Territory of the Former Yugoslavia, as
established by United Nations Security Council Resolution 827
of May 25, 1993.
(2) International tribunal for rwanda.--The term
``International Tribunal for Rwanda'' means the International
Tribunal for the Prosecution of Persons Responsible for
Genocide and Other Serious Violations of International
Humanitarian Law Committed in the Territory of Rwanda and
Rwandan Citizens Responsible for Genocide and Other Such
Violations Committed in the Territory of Neighboring States, as
established by United Nations Security Council Resolution 955
of November 8, 1994.
(3) Agreement between the united states and the
international tribunal for yugoslavia.--The term ``Agreement
Between the United States and the International Tribunal for
Yugoslavia'' means the Agreement on Surrender of Persons
Between the Government of the United States and the
International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Law in the
Territory of the Former Yugoslavia, signed at The Hague,
October 5, 1994.
(4) Agreement between the united states and the
international tribunal for rwanda.--The term ``Agreement
between the United States and the International Tribunal for
Rwanda'' means the Agreement on Surrender of Persons Between
the Government of the United States and the International
Tribunal for the Prosecution of Persons Responsible for
Genocide and Other Serious Violations of International
Humanitarian Law Committed in the Territory of Rwanda and
Rwandan Citizens Responsible for Genocide and Other Such
Violations Committed in the Territory of Neighboring States,
signed at The Hague, January 24, 1995.
SEC. 1099. LANDMINE USE MORATORIUM.
(a) Findings.--The Congress makes the following findings:
(1) On September 26, 1994, the President declared that it
is a goal of the United States to eventually eliminate
antipersonnel landmines.
(2) On December 15, 1994, the United Nations General
Assembly adopted a resolution sponsored by the United States
which called for international efforts to eliminate
antipersonnel landmines.
(3) According to the Department of State, there are an
estimated 80,000,000 to 110,000,000 unexploded landmines in 62
countries.
(4) Antipersonnel landmines are routinely used against
civilian populations and kill and maim an estimated 70 people
each day, or 26,000 people each year.
(5) The Secretary of State has noted that landmines are
``slow-motion weapons of mass destruction''.
(6) There are hundreds of varieties of antipersonnel
landmines, from a simple type available at a cost of only two
dollars to the more complex self-destructing type, and all
landmines of whatever variety kill and maim civilians, as well
as combatants, indiscriminately.
(b) Conventional Weapons Convention Review.--It is the sense of
Congress that, at the United Nations conference to review the 1980
Conventional Weapons Convention, including Protocol II on landmines,
that is to be held from September 25 to October 13, 1995, the President
should actively support proposals to modify Protocol II that would
implement as rapidly as possible the United States goal of eventually
eliminating antipersonnel landmines.
(c) Moratorium on Use of Antipersonnel Landmines.--
(1) United states moratorium.--(A) For a period of one year
beginning three years after the date of the enactment of this
Act, the United States shall not use antipersonnel landmines
except along internationally recognized national borders or in
demilitarized zones within a perimeter marked area that is
monitored by military personnel and protected by adequate means
to ensure the exclusion of civilians.
(B) If the President determines, before the end of
the period of the United States moratorium under
subparagraph (A), that the governments of other nations
are implementing moratoria on use of antipersonnel
landmines similar to the United States moratorium, the
President may extend the period of the United States
moratorium for such additional period as the President
considers appropriate.
(2) Other nations.--It is the sense of Congress that the
President should actively encourage the governments of other
nations to join the United States in solving the global
landmine crisis by implementing moratoria on use of
antipersonnel landmines similar to the United States moratorium
as a step toward the elimination of antipersonnel landmines.
(d) Antipersonnel Landmine Exports.--It is the sense of Congress
that, consistent with the United States moratorium on exports of
antipersonnel landmines and in order to further discourage the global
proliferation of antipersonnel landmines, the United States Government
should not sell, license for export, or otherwise transfer defense
articles and services to any foreign government which, as determined by
the President, sells, exports, or otherwise transfers antipersonnel
landmines.
(e) Definitions.--
For purposes of this Act:
(1) Antipersonnel landmine.--The term ``antipersonnel
landmine'' means any munition placed under, on, or near the
ground or other surface area, delivered by artillery, rocket,
mortar, or similar means, or dropped from an aircraft and which
is designed, constructed, or adapted to be detonated or
exploded by the presence, proximity, or contact of a person.
(2) 1980 conventional weapons convention.--The term ``1980
Conventional Weapons Convention'' means the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed To Be Excessively Injurious or To
Have Indiscriminate Effects, together with the protocols
relating thereto, done at Geneva on October 10, 1980.
SEC. 1099A. EXTENSION OF PILOT OUTREACH PROGRAM.
Section 1045(d) of the National Defense Authorization Act for
Fiscal Year 1993 is amended by striking out ``three'' and inserting
``five'' in lieu thereof.
SEC. 1099B. SENSE OF SENATE ON MIDWAY ISLANDS.
(a) Findings.--The Senate makes the following findings:
(1) September 2, 1995, marks the 50th anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against United States or allied forces.
(3) During the Battle of Midway, an outnumbered force of
the United States Navy, consisting of 29 ships and other units
of the Armed Forces under the command of Admiral Nimitz and
Admiral Spruance, out-maneuvered and out-fought 350 ships of
the Imperial Japanese Navy.
(4) It is in the public interest to erect a memorial to the
Battle of Midway that is suitable to express the enduring
gratitude of the American people for victory in the battle and
to inspire future generations of Americans with the heroism and
sacrifice of the members of the Armed Forces who achieved that
victory.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Midway Islands and the surrounding seas deserve to
be memorialized;
(2) the historic structures related to the Battle of Midway
should be maintained, in accordance with the National Historic
Preservation Act, and subject to the availability of
appropriations for that purpose.
(3) appropriate access to the Midway Islands by survivors
of the Battle of Midway, their families, and other visitors
should be provided in a manner that ensures the public health
and safety on the Midway Islands and the conservation and
natural resources of those islands in accordance with existing
Federal law.
SEC. 1099C. STUDY ON CHEMICAL WEAPONS STOCKPILE.
(a) Study.--(1) The Secretary of Defense shall conduct a study to
assess the risk associated with the transportation of the unitary
stockpile, any portion of the stockpile to include drained agents from
munitions and munitions, from one location to another within the
continental United States. Also, the Secretary shall include a study of
the assistance available to communities in the vicinity if the
Department of Defense facilities co-located with continuing chemical
stockpile and chemical demilitarization operations which facilities are
subject to closure, realignment, or reutilization.
(2) The review shall include an analysis of--
(A) the results of the physical and chemical
integrity report conducted by the Army on existing
stockpile;
(B) a determination of the viability of
transportation of any portion of the stockpile, to
include drained agent from munitions and the munitions;
(C) the safety, cost-effectiveness, and public
acceptability of transporting the stockpile, in its
current configuration, or in alternative
configurations;
(D) the economic effects of closure, realignment,
or reutilization of the facilities referred to in
paragraph (1) on the communities referred to in that
paragraph; and
(E) the unique problems that such communities face
with respect to the reuse of such facilities as a
result of the operations referred to in paragraph (1).
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
study carried out under subsection (a). The report shall include
recommendations of the Secretary on methods for ensuring the
expeditious and cost-effective transfer or lease of facilities referred
to in paragraph (1) of subsection (a) to communities referred to in
paragraph (1) for reuse by such communities.
SEC. 1099D. DESIGNATION OF NATIONAL MARITIME CENTER.
(a) Designation of National Maritime Center.--The NAUTICUS
building, located at one Waterside Drive, Norfolk, Virginia, shall be
known and designated as the ``National Maritime Center''.
(b) Reference to National Maritime Center.--Any reference in a law,
map, regulation, document, paper, or other record of the United States
to the building referred to in subsection (a) shall be deemed to be a
reference to the ``National Maritime Center''.
SEC. 1099E. OPERATIONAL SUPPORT AIRLIFT AIRCRAFT FLEET.
(a) Submittal of JCS Report on Aircraft.--Not later than February
1, 1996, the Secretary of Defense shall submit to Congress the report
on aircraft designated as Operational Support Airlift Aircraft that is
currently in preparation by the Joint Chiefs of Staff.
(b) Content of Report.--(1) The report shall contain findings and
recommendations regarding the following:
(A) Modernization and safety requirements for the
Operational Support Airlift Aircraft fleet.
(B) Standardization plans and requirements of that fleet.
(C) The disposition of aircraft considered excess to that
fleet in light of the requirements set forth under subparagraph
(A).
(D) The need for helicopter support in the National Capital
Region.
(E) The acceptable uses of helicopter support in the
National Capital Region.
(2) In preparing the report, the Joint Chiefs of Staff shall take
into account the recommendation of the Commission on Roles and Missions
of the Armed Forces to reduce the size of the Operational Support
Airlift Aircraft fleet.
(c) Regulations.--(1) Upon completion of the report referred to in
subsection (a), the Secretary shall prescribe regulations, consistent
with the findings and recommendations set forth in the report, for the
operation, maintenance, disposition, and use of aircraft designated as
Operational Support Airlift Aircraft.
(2) The regulations shall, to the maximum extent practicable,
provide for, and encourage the use of, commercial airlines in lieu of
the use of aircraft designated as Operational Support Airlift Aircraft.
(3) The regulations shall apply uniformly throughout the Department
of Defense.
(4) The regulations should not require exclusive use of the
aircraft designated as Operational Support Airlift Aircraft for any
particular class of government personnel.
(d) Reductions in Flying Hours.--(1) The Secretary shall ensure
that the number of hours flown in fiscal year 1996 by aircraft
designated as Operational Support Airlift Aircraft does not exceed the
number equal to 85 percent of the number of hours flown in fiscal year
1995 by such aircraft.
(2) The Secretary should ensure that the number of hours flown in
fiscal year 1996 for helicopter support in the National Capital Region
does not exceed the number equal to 85 percent of the number of hours
flown in fiscal year 1995 for such helicopter support.
(e) Restriction on Availability of Funds.--Of the funds authorized
to be appropriated under title III for the operation and use of
aircraft designated as Operational Support Airlift Aircraft, not more
than 50 percent of such funds shall be available for that purpose until
the submittal of the report referred to in subsection (a).
SEC. 1099F. SENSE OF THE SENATE ON CHEMICAL WEAPONS CONVENTION AND
START II TREATY RATIFICATION.
(a) Findings.--The Senate makes the following findings:
(1) Proliferation of chemical or nuclear weapons materials
poses a danger to United States national security, and the
threat or use of such materials by terrorists would directly
threaten United States citizens at home and abroad.
(2) The Chemical Weapons Convention negotiated and signed
by President Bush would make it more difficult for would-be
proliferators, including terrorists, to acquire or use chemical
weapons, if ratified and fully implemented as signed, by all
signatories.
(3) The START II Treaty negotiated and signed by President
Bush would help reduce the danger of potential proliferators,
including terrorists, acquiring nuclear warheads and materials,
and would contribute to United States-Russian bilateral efforts
to secure and dismantle nuclear warheads, if ratified and fully
implemented as signed by both parties.
(4) It is in the national security interest of the United
States to take effective steps to make it harder for
proliferators or would-be terrorists to obtain chemical or
nuclear materials for use in weapons.
(5) The President has urged prompt Senate action on, and
advice and consent to ratification of, the START II Treaty and
the Chemical Weapons Convention.
(6) The Chairman of the Joint Chiefs of Staff has testified
to Congress that ratification and full implementation of both
treaties by all parties is in the United States national
interest, and has strongly urged prompt Senate advice and
consent to their ratification.
(b) Sense of the Senate.--It is the sense of the Senate that the
United States and all other parties to the START II and Chemical
Weapons Convention should promptly ratify and fully implement, as
negotiated, both treaties.
TITLE XI--TECHNICAL AND CLERICAL AMENDMENTS
SEC. 1101. AMENDMENTS RELATED TO RESERVE OFFICER PERSONNEL MANAGEMENT
ACT.
(a) Public Law 103-337.--The Reserve Officer Personnel Management
Act (title XVI of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337)) is amended as follows:
(1) Section 1624 (108 Stat. 2961) is amended--
(A) by striking out ``641'' and all that follows
through ``(2)'' and inserting in lieu thereof ``620 is
amended''; and
(B) by redesignating as subsection (d) the
subsection added by the amendment made by that section.
(2) Section 1625 (108 Stat. 2962) is amended by striking
out ``Section 689'' and inserting in lieu thereof ``Section
12320''.
(3) Section 1626(1) (108 Stat. 2962) is amended by striking
out ``(W-5)'' in the second quoted matter therein and inserting
in lieu thereof ``, W-5,''.
(4) Section 1627 (108 Stat. 2962) is amended by striking
out ``Section 1005(b)'' and inserting in lieu thereof ``Section
12645(b)''.
(5) Section 1631 (108 Stat. 2964) is amended--
(A) in subsection (a), by striking out ``Section
510'' and inserting in lieu thereof ``Section 12102'';
and
(B) in subsection (b), by striking out ``Section
591'' and inserting in lieu thereof ``Section 12201''.
(6) Section 1632 (108 Stat. 2965) is amended by striking
out ``Section 593(a)'' and inserting in lieu thereof ``Section
12203(a)''.
(7) Section 1635(a) (108 Stat. 2968) is amended by striking
out ``section 1291'' and inserting in lieu thereof ``section
1691(b)''.
(8) Section 1671 (108 Stat. 3013) is amended--
(A) in subsection (b)(3), by striking out ``512,
and 517'' and inserting in lieu thereof ``and 512'';
and
(B) in subsection (c)(2), by striking out the comma
after ``861'' in the first quoted matter therein.
(9) Section 1684(b) (108 Stat. 3024) is amended by striking
out ``section 14110(d)'' and inserting in lieu thereof
``section 14111(c)''.
(b) Subtitle E of Title 10.--Subtitle E of title 10, United States
Code, is amended as follows:
(1) The tables of chapters preceding part I and at the
beginning of part IV are amended by striking out ``Repayments''
in the item relating to chapter 1609 and inserting in lieu
thereof ``Repayment Programs''.
(2)(A) The heading for section 10103 is amended to read as
follows:
``Sec. 10103. Basic policy for order into Federal service''.
(B) The item relating to section 10103 in the table of
sections at the beginning of chapter 1003 is amended to read as
follows:
``10103. Basic policy for order into Federal service.''.
(3) The table of sections at the beginning of chapter 1005
is amended by striking out the third word in the item relating
to section 10142.
(4) The table of sections at the beginning of chapter 1007
is amended--
(A) by striking out the third word in the item
relating to section 10205; and
(B) by capitalizing the initial letter of the sixth
word in the item relating to section 10211.
(5) The table of sections at the beginning of chapter 1011
is amended by inserting ``Sec.'' at the top of the column of
section numbers.
(6) Section 10507 is amended--
(A) by striking out ``section 124402(b)'' and
inserting in lieu thereof ``section 12402(b)''; and
(B) by striking out ``Air Forces'' and inserting in
lieu thereof ``Air Force''.
(7)(A) Section 10508 is repealed.
(B) The table of sections at the beginning of chapter 1011
is amended by striking out the item relating to section 10508.
(8) Section 10542 is amended by striking out subsection
(d).
(9) Section 12004(a) is amended by striking out ``active-
status'' and inserting in lieu thereof ``active status''.
(10) Section 12012 is amended by inserting ``the'' in the
section heading before the penultimate word.
(11)(A) The heading for section 12201 is amended to read as
follows:
``Sec. 12201. Reserve officers: qualifications for appointment''.
(B) The item relating to section 12201 in the table of
sections at the beginning of chapter 1205 is amended to read as
follows:
``12201. Reserve officers: qualifications for appointment.''.
(12) The heading for section 12209 is amended to read as
follows:
``Sec. 12209. Officer candidates: enlisted Reserves''.
(13) The heading for section 12210 is amended to read as
follows:
``Sec. 12210. Attending Physician to the Congress: reserve grade while
so serving''.
(14) Section 12213(a) is amended by striking out ``section
593'' and inserting in lieu thereof ``section 12203''.
(15) The table of sections at the beginning of chapter 1207
is amended by striking out ``promotions'' in the item relating
to section 12243 and inserting in lieu thereof ``promotion''.
(16) The table of sections at the beginning of chapter 1209
is amended--
(A) in the item relating to section 12304, by
striking out the colon and inserting in lieu thereof a
semicolon; and
(B) in the item relating to section 12308, by
striking out the second, third, and fourth words.
(17) Section 12307 is amended by striking out ``Ready
Reserve'' in the second sentence and inserting in lieu thereof
``Retired Reserve''.
(18) The heading of section 12401 is amended by striking
out the seventh word.
(19) Section 12407(b) is amended--
(A) by striking out ``of those jurisdictions'' and
inserting in lieu thereof ``State''; and
(B) by striking out ``jurisdictions'' and inserting
in lieu thereof ``States''
(20) Section 12731(f) is amended by striking out ``the date
of the enactment of this subsection'' and inserting in lieu
thereof ``October 5, 1994,''.
(21) Section 12731a(c)(3) is amended by inserting a comma
after ``Defense Conversion''.
(22) Section 14003 is amended by inserting ``lists'' in the
section heading immediately before the colon.
(23) The table of sections at the beginning of chapter 1403
is amended by striking out ``selection board'' in the item
relating to section 14105 and inserting in lieu thereof
``promotion board''.
(24) The table of sections at the beginning of chapter 1405
is amended--
(A) in the item relating to section 14307, by
striking out ``Numbers'' and inserting in lieu thereof
``Number'';
(B) in the item relating to section 14309, by
striking out the colon and inserting in lieu thereof a
semicolon; and
(C) in the item relating to section 14314, by
capitalizing the initial letter of the antepenultimate
word.
(25) Section 14315(a) is amended by striking out ``a
Reserve officer'' and inserting in lieu thereof ``a reserve
officer''.
(26) 14317(e) is amended--
(A) by inserting ``Officers Ordered to Active Duty
in Time of War or National Emergency.--'' after
``(e)''; and
(B) by striking out ``section 10213 or 644'' and
inserting in lieu thereof ``section 123 or 10213''.
(27) The table of sections at the beginning of chapter 1407
is amended--
(A) in the item relating to section 14506, by
inserting ``reserve'' after ``Marine Corps and''; and
(B) in the item relating to section 14507, by
inserting ``reserve'' after ``Removal from the''; and
(C) in the item relating to section 14509, by
inserting ``in grades'' after ``reserve officers''.
(28) Section 14501(a) is amended by inserting ``Officers
Below the Grade of Colonel or Navy Captain.--'' after ``(a)''.
(29) The heading for section 14506 is amended by inserting
a comma after ``Air Force''.
(30) Section 14508 is amended by striking out ``this''
after ``from an active status under'' in subsections (c) and
(d).
(31) Section 14515 is amended by striking out ``inactive
status'' and inserting in lieu thereof ``inactive-status''.
(32) Section 14903(b) is amended by striking out
``chapter'' and inserting in lieu thereof ``title''.
(33) The table of sections at the beginning of chapter 1606
is amended in the item relating to section 16133 by striking
out ``limitations'' and inserting in lieu thereof
``limitation''.
(34) Section 16132(c) is amended by striking out
``section'' and inserting in lieu thereof ``sections''.
(35) Section 16135(b)(1)(A) is amended by striking out
``section 2131(a)'' and inserting in lieu thereof ``sections
16131(a)''.
(36) Section 18236(b)(1) is amended by striking out
``section 2233(e)'' and inserting in lieu thereof ``section
18233(e)''.
(37) Section 18237 is amended--
(A) in subsection (a), by striking out ``section
2233(a)(1)'' and inserting in lieu thereof ``section
18233(a)(1)''; and
(B) in subsection (b), by striking out ``section
2233(a)'' and inserting in lieu thereof ``section
18233(a)''.
(c) Other Provisions of Title 10.--Effective as of December 1, 1994
(except as otherwise expressly provided), and as if included as
amendments made by the Reserve Officer Personnel Management Act (title
XVI of Public Law 103-360) as originally enacted, title 10, United
States Code, is amended as follows:
(1) Section 101(d)(6)(B)(i) is amended by striking out
``section 175'' and inserting in lieu thereof ``section
10301''.
(2) Section 114(b) is amended by striking out ``chapter
133'' and inserting in lieu thereof ``chapter 1803''.
(3) Section 115(d) is amended--
(A) in paragraph (1), by striking out ``section
673'' and inserting in lieu thereof ``section 12302'';
(B) in paragraph (2), by striking out ``section
673b'' and inserting in lieu thereof ``section 12304'';
and
(C) in paragraph (3), by striking out ``section
3500 or 8500'' and inserting in lieu thereof ``section
12406''.
(4) Section 123(a) is amended--
(A) by striking out ``281, 592, 1002, 1005, 1006,
1007, 1374, 3217, 3218, 3219, 3220,'', ``5414, 5457,
5458,'', and ``8217, 8218, 8219,''; and
(B) by striking out ``and 8855'' and inserting in
lieu thereof ``8855, 10214, 12003, 12004, 12005, 12007,
12202, 12213, 12642, 12645, 12646, 12647, 12771, 12772,
and 12773''.
(5) Section 582(1) is amended by striking out ``section
672(d)'' in subparagraph (B) and ``section 673b'' in
subparagraph (D) and inserting in lieu thereof ``section
12301(d)'' and ``section 12304'', respectively.
(6) Section 641(1)(B) is amended by striking out ``10501''
and inserting in lieu thereof ``10502, 10505, 10506(a),
10506(b), 10507''.
(7) The table of sections at the beginning of chapter 39 is
amended by striking out the items relating to sections 687 and
690.
(8) Sections 1053(a)(1), 1064, and 1065(a) are amended by
striking out ``chapter 67'' and inserting in lieu thereof
``chapter 1223''.
(9) Section 1063(a)(1) is amended by striking out ``section
1332(a)(2)'' and inserting in lieu thereof ``section
12732(a)(2)''.
(10) Section 1074b(b)(2) is amended by striking out
``section 673c'' and inserting in lieu thereof ``section
12305''.
(11) Section 1076(b)(2)(A) is amended by striking out
``before the effective date of the Reserve Officer Personnel
Management Act'' and inserting in lieu thereof ``before
December 1, 1994''.
(12) Section 1176(b) is amended by striking out ``section
1332'' in the matter preceding paragraph (1) and in paragraph
(2) and inserting in lieu thereof ``section 12732''.
(13) Section 1208(b) is amended by striking out ``section
1333'' and inserting in lieu thereof ``section 12733''.
(14) Section 1209 is amended by striking out ``section
1332'', ``section 1335'', and ``chapter 71'' and inserting in
lieu thereof ``section 12732'', ``section 12735'', and
``section 12739'', respectively.
(15) Section 1407 is amended--
(A) in subsection (c)(1) and (d)(1), by striking
out ``section 1331'' and inserting in lieu thereof
``section 12731''; and
(B) in the heading for paragraph (1) of subsection
(d), by striking out ``chapter 67'' and inserting in
lieu thereof ``chapter 1223''.
(16) Section 1408(a)(5) is amended by striking out
``section 1331'' and inserting in lieu thereof ``section
12731''
(17) Section 1431(a)(1) is amended by striking out
``section 1376(a)'' and inserting in lieu thereof ``section
12774(a)''.
(18) Section 1463(a)(2) is amended by striking out
``chapter 67'' and inserting in lieu thereof ``chapter 1223''.
(19) Section 1482(f)(2) is amended by inserting ``section''
before ``12731 of this title''.
(20) The table of sections at the beginning of chapter 533
is amended by striking out the item relating to section 5454.
(21) Section 2006(b)(1) is amended by striking out
``chapter 106 of this title'' and inserting in lieu thereof
``chapter 1606 of this title''.
(22) Section 2121(c) is amended by striking out ``section
3353, 5600, or 8353'' and inserting in lieu thereof ``section
12207'', effective on the effective date specified in section
1691(b)(1) of Public Law 103-337.
(23) Section 2130a(b)(3) is amended by striking out
``section 591'' and inserting in lieu thereof ``section
12201''.
(24) The table of sections at the beginning of chapter 337
is amended by striking out the items relating to section 3351
and 3352.
(25) Sections 3850, 6389(c), 6391(c), and 8850 are amended
by striking out ``section 1332'' and inserting in lieu thereof
``section 12732''.
(26) Section 5600 is repealed, effective on the effective
date specified in section 1691(b)(1) of Public Law 103-337.
(27) Section 5892 is amended by striking out ``section 5457
or section 5458'' and inserting in lieu thereof ``section 12004
or section 12005''.
(28) Section 6410(a) is amended by striking out ``section
1005'' and inserting in lieu thereof ``section 12645''.
(29) The table of sections at the beginning of chapter 837
is amended by striking out the items relating to section 8351
and 8352.
(30) Section 8360(b) is amended by striking out ``section
1002'' and inserting in lieu thereof ``section 12642''.
(31) Section 8380 is amended by striking out ``section
524'' in subsections (a) and (b) and inserting in lieu thereof
``section 12011''.
(32) Sections 8819(a), 8846(a), and 8846(b) are amended by
striking out ``section 1005 and 1006'' and inserting in lieu
thereof ``sections 12645 and 12646''.
(33) Section 8819 is amended by striking out ``section
1005'' and ``section 1006'' and inserting in lieu thereof
``section 12645'' and ``section 12646'', respectively.
(d) Cross References in Other Defense Laws.--
(1) Section 337(b) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2717)
is amended by inserting before the period at the end the
following: ``or who after November 30, 1994, transferred to the
Retired Reserve under section 10154(2) of title 10, United
States Code, without having completed the years of service
required under section 12731(a)(2) of such title for
eligibility for retired pay under chapter 1223 of such title''.
(2) Section 525 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (P.L. 102-190, 105 Stat. 1363)
is amended by striking out ``section 690'' and inserting in
lieu thereof ``section 12321''.
(3) Subtitle B of title XLIV of the National Defense
Authorization Act for Fiscal Year 1993 (P.L. 102-484; 10 U.S.C.
12681 note) is amended--
(A) in section 4415, by striking out ``section
1331a'' and inserting in lieu thereof ``section
12731a'';
(B) in subsection 4416--
(i) in subsection (a), by striking out
``section 1331'' and inserting in lieu thereof
``section 12731'';
(ii) in subsection (b)--
(I) by inserting ``or section
12732'' in paragraph (1) after ``under
that section''; and
(II) by inserting ``or 12731(a)''
in paragraph (2) after ``section
1331(a)'';
(iii) in subsection (e)(2), by striking out
``section 1332'' and inserting in lieu thereof
``section 12732''; and
(iv) in subsection (g), by striking out
``section 1331a'' and inserting in lieu thereof
``section 12731a''; and
(C) in section 4418--
(i) in subsection (a), by striking out
``section 1332'' and inserting in lieu thereof
``section 12732''; and
(ii) in subsection (b)(1)(A), by striking
out ``section 1333'' and inserting in lieu
thereof ``section 12733''.
(4) Title 37, United States Code, is amended--
(A) in section 302f(b), by striking out ``section
673c of title 10'' in paragraphs (2) and (3)(A) and
inserting in lieu thereof ``section 12305 of title
10''; and
(B) in section 433(a), by striking out ``section
687 of title 10'' and inserting in lieu thereof
``section 12319 of title 10''.
(e) Cross References in Other Laws.--
(1) Title 14, United States Code, is amended--
(A) in section 705(f), by striking out ``600 of
title 10'' and inserting in lieu thereof ``12209 of
title 10''; and
(B) in section 741(c), by striking out ``section
1006 of title 10'' and inserting in lieu thereof
``section 12646 of title 10''.
(2) Title 38, United States Code, is amended--
(A) in section 3011(d)(3), by striking out
``section 672, 673, 673b, 674, or 675 of title 10'' and
inserting in lieu thereof ``section 12301, 12302,
12304, 12306, or 12307 of title 10'';
(B) in sections 3012(b)(1)(B)(iii) and
3701(b)(5)(B), by striking out ``section 268(b) of
title 10'' and inserting in lieu thereof ``section
10143(a) of title 10'';
(C) in section 3501(a)(3)(C), by striking out
``section 511(d) of title 10'' and inserting in lieu
thereof ``section 12103(d) of title 10''; and
(D) in section 4211(4)(C), by striking out
``section 672(a), (d), or (g), 673, or 673b of title
10'' and inserting in lieu thereof ``section 12301(a),
(d), or (g), 12302, or 12304 of title 10''.
(3) Section 702(a)(1) of the Soldiers' and Sailors' Civil
Relief Act of 1940 ( 50 U.S.C. App. 592(a)(1)) is amended--
(A) by striking out ``section 672 (a) or (g), 673,
673b, 674, 675, or 688 of title 10'' and inserting in
lieu thereof ``section 688, 12301(a), 12301(g), 12302,
12304, 12306, or 12307 of title 10''; and
(B) by striking out ``section 672(d) of such
title'' and inserting in lieu thereof ``section
12301(d) of such title''.
(4) Section 463A of the Higher Education Act of 1965 (20
U.S.C. 1087cc-1) is amended in subsection (a)(10) by striking
out ``(10 U.S.C. 2172)'' and inserting in lieu thereof ``(10
U.S.C. 16302)''.
(5) Section 179 of the National and Community Service Act
of 1990 (42 U.S.C. 12639) is amended in subsection (a)(2)(C) by
striking out ``section 216(a) of title 5'' and inserting in
lieu thereof ``section 10101 of title 10''.
(f) Effective Dates.--
(1) Section 1636 of the Reserve Officer Personnel
Management Act shall take effect on the date of the enactment
of this Act.
(2) The amendments made by sections 1672(a), 1673(a) (with
respect to chapters 541 and 549), 1673(b)(2), 1673(b)(4),
1674(a), and 1674(b)(7) shall take effect on the effective date
specified in section 1691(b)(1) of the Reserve Officer
Personnel Management Act (notwithstanding section 1691(a) of
such Act).
(3) The amendments made by this section shall take effect
as if included in the Reserve Officer Personnel Management Act
as enacted on October 5, 1994.
SEC. 1102. AMENDMENTS RELATED TO FEDERAL ACQUISITION STREAMLINING ACT
OF 1994.
(a) Public Law 103-355.--Effective as of October 13, 1994, and as
if included therein as enacted, the Federal Acquisition Streamlining
Act of 1994 (Public Law 103-355; 108 Stat. 3243 et seq.) is amended as
follows:
(1) Section 1202(a) (108 Stat. 3274) is amended by striking
out the closing quotation marks and second period at the end of
paragraph (2)(B) of the subsection inserted by the amendment
made by that section.
(2) Section 1251(b) (108 Stat. 3284) is amended by striking
out ``Office of Federal Procurement Policy Act'' and inserting
in lieu thereof ``Federal Property and Administrative Services
Act of 1949''.
(3) Section 2051(e) (108 Stat. 3304) is amended by striking
out the closing quotation marks and second period at the end of
subsection (f)(3) in the matter inserted by the amendment made
by that section.
(4) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) is amended
by replacing ``regulation'' with ``regulations'' in the first
quoted matter.
(5) The heading of section 2352(b) (108 Stat. 3322) is
amended by striking out ``Procedures to Small Business
Government Contractors.--'' and inserting in lieu thereof
``Procedures.--''.
(6) Section 3022 (108 Stat. 3333) is amended by striking
out ``each place'' and all that follows through the end of the
section and inserting in lieu thereof ``in paragraph (1) and
``, rent,'' after ``sell'' in paragraph (2).''.
(7) Section 5092(b) (108 Stat. 3362) is amended by
inserting ``of paragraph (2)'' after ``second sentence''.
(8) Section 6005(a) (108 Stat. 3364) is amended by striking
out the closing quotation marks and second period at the end of
subsection (e)(2) of the matter inserted by the amendment made
by that section.
(9) Section 10005(f)(4) (108 Stat. 3409) is amended in the
second matter in quotation marks by striking out ```Sec. 5.
This Act'' and inserting in lieu thereof ```Sec. 7. This
title''.
(b) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 2220(b) is amended by striking out ``the date
of the enactment of the Federal Acquisition Streamlining Act of
1994'' and inserting in lieu thereof ``October 13, 1994''.
(2)(A) The section 2247 added by section 7202(a)(1) of
Public Law 103-355 (108 Stat. 3379) is redesignated as section
2249.
(B) The item relating to that section in the table of
sections at the beginning of subchapter I of chapter 134 is
revised to conform to the redesignation made by subparagraph
(A).
(3) Section 2302(3)(K) is amended by adding a period at the
end.
(4) Section 2304(h) is amended by striking out paragraph
(1) and inserting in lieu thereof the following:
``(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.).''.
(5)(A) The section 2304a added by section 848(a)(1) of
Public Law 103-160 (107 Stat. 1724) is redesignated as section
2304e.
(B) The item relating to that section in the table of
sections at the beginning of chapter 137 is revised to conform
to the redesignation made by subparagraph (A).
(6) Section 2306a is amended--
(A) in subsection (d)(2)(A)(ii), by inserting
``to'' after ``The information referred'';
(B) in subsection (e)(4)(B)(ii), by striking out
the second comma after ``parties''; and
(C) in subsection (i)(3), by inserting ``(41 U.S.C.
403(12))'' before the period at the end.
(7) Section 2323 is amended--
(A) in subsection (a)(1)(C), by inserting a closing
parenthesis after ``1135d-5(3))'' and after
``1059c(b)(1))'';
(B) in subsection (a)(3), by inserting a closing
parenthesis after ``421(c))'';
(C) in subsection (b), by inserting ``(1)'' after
``Amount.--''; and
(D) in subsection (i)(3), by adding at the end a
subparagraph (D) identical to the subparagraph (D) set
forth in the amendment made by section 811(e) of Public
Law 103-160 (107 Stat. 1702).
(8) Section 2324 is amended--
(A) in subsection (e)(2)(C)--
(i) by striking out ``awarding the
contract'' at the end of the first sentence;
and
(ii) by striking out ``title III'' and all
that follows through ``Act)'' and inserting in
lieu thereof ``the Buy American Act (41 U.S.C.
10b-1)''; and
(B) in subsection (h)(2), by inserting ``the head
of the agency or'' after ``in the case of any contract
if''.
(9) Section 2350b is amended--
(A) in subsection (c)(1)--
(i) by striking out ``specifically--'' and
inserting in lieu thereof ``specifically
prescribes--''; and
(ii) by striking out ``prescribe'' in each
of subparagraphs (A), (B), (C), and (D); and
(B) in subsection (d)(1), by striking out
``subcontract to be'' and inserting in lieu thereof
``subcontract be''.
(10) Section 2356(a) is amended by striking out ``2354, or
2355'' and inserting ``or 2354''.
(11) Section 2372(i)(1) is amended by striking out
``section 2324(m)'' and inserting in lieu thereof ``section
2324(l)''.
(12) Section 2384(b) is amended--
(A) in paragraph (2)--
(i) by striking ``items, as'' and inserting
in lieu thereof ``items (as''; and
(ii) by inserting a closing parenthesis
after ``403(12))''; and
(B) in paragraph (3), by inserting a closing
parenthesis after ``403(11))''.
(13) Section 2397(a)(1) is amended--
(A) by inserting ``as defined in section 4(11) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(11))'' after ``threshold''; and
(B) by striking out ``section 4(12) of the Office
of Federal Procurement Policy Act'' and inserting in
lieu thereof ``section 4(12) of such Act''.
(14) Section 2397b(f) is amended by inserting a period at
the end of paragraph (2)(B)(iii).
(15) Section 2400(a)(5) is amended by striking out ``the
preceding sentence'' and inserting in lieu thereof ``this
paragraph''.
(16) Section 2405 is amended--
(A) in paragraphs (1) and (2) of subsection (a), by
striking out ``the date of the enactment of the Federal
Acquisition Streamlining Act of 1994'' and inserting in
lieu thereof ``October 13, 1994''; and
(B) in subsection (c)(3)--
(i) by striking out ``the later of--'' and
all that follows through ``(B)''; and
(ii) by redesignating clauses (i), (ii),
and (iii) as subparagraphs (A), (B), and (C),
respectively, and realigning those
subparagraphs accordingly.
(17) Section 2410d(b) is amended by striking out paragraph
(3).
(18) Section 2424(c) is amended--
(A) by inserting ``Exception for Soft Drinks.--''
after ``(c)''; and
(B) by striking out ``drink'' the first and third
places it appears in the second sentence and inserting
in lieu thereof ``beverage''.
(19) Section 2431 is amended--
(A) in subsection (b)--
(i) by striking out ``Any report'' in the
first sentence and inserting in lieu thereof
``Any documents''; and
(ii) by striking out ``the report'' in
paragraph (3) and inserting in lieu thereof
``the documents''; and
(B) in subsection (c), by striking ``reporting''
and inserting in lieu thereof ``documentation''.
(20) Section 2533(a) is amended by striking out ``title III
of the Act'' and all that follows through ``such Act'' and
inserting in lieu thereof ``the Buy American Act (41 U.S.C.
10a)) whether application of such Act''.
(21) Section 2662(b) is amended by striking out ``small
purchase threshold'' and inserting in lieu thereof ``simplified
acquisition threshold''.
(22) Section 2701(i)(1) is amended--
(A) by striking out ``Act of August 24, 1935 (40
U.S.C. 270a-270d), commonly referred to as the `Miller
Act','' and inserting in lieu thereof ``Miller Act (40
U.S.C. 270a et seq.)''; and
(B) by striking out ``such Act of August 24, 1935''
and inserting in lieu thereof ``the Miller Act''.
(c) Small Business Act.--The Small Business Act (15 U.S.C. 632 et
seq.) is amended as follows:
(1) Section 8(d) (15 U.S.C. 637(d)) is amended--
(A) in paragraph (1), by striking out the second
comma after ``small business concerns'' the first place
it appears; and
(B) in paragraph (6)(C), by striking out ``and
small business concerns owned and controlled by the
socially and economically disadvantaged individuals''
and inserting in lieu thereof ``, small business
concerns owned and controlled by socially and
economically disadvantaged individuals, and small
business concerns owned and controlled by women''.
(2) Section 8(f) (15 U.S.C. 637(f)) is amended by inserting
``and'' after the semicolon at the end of paragraph (5).
(3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is amended by
striking out the second comma after the first appearance of
``small business concerns''.
(d) Title 31, United States Code.--Section 3551 of title 31, United
States Code, is amended--
(1) by striking out ``subchapter--'' and inserting in lieu
thereof ``subchapter:''; and
(2) in paragraph (2), by striking out ``or proposed
contract'' and inserting in lieu thereof ``or a solicitation or
other request for offers''.
(e) Federal Property and Administrative Services Act of 1949.--The
Federal Property and Administrative Services Act of 1949 is amended as
follows:
(1) The table of contents in section 1 (40 U.S.C. 471
prec.) is amended--
(A) by striking out the item relating to section
104;
(B) by striking out the item relating to section
201 and inserting in lieu thereof the following:
``Sec. 201. Procurements, warehousing, and related activities.'';
(C) by inserting after the item relating to section
315 the following new item:
``Sec. 316. Merit-based award of grants for research and
development.'';
(D) by striking out the item relating to section
603 and inserting in lieu thereof the following:
``Sec. 603. Authorizations for appropriations and transfer
authority.''; and
(E) by inserting after the item relating to section
605 the following new item:
``Sec. 606. Sex discrimination.''.
(2) Section 111(b)(3) (40 U.S.C. 759(b)(3)) is amended by
striking out the second period at the end of the third
sentence.
(3) Section 111(f)(9) (40 U.S.C. 759(f)(9)) is amended in
subparagraph (B) by striking out ``or proposed contract'' and
inserting in lieu thereof ``or a solicitation or other request
for offers''.
(4) The heading for paragraph (1) of section 304A(c) is
amended by changing each letter that is capitalized (other than
the first letter of the first word) to lower case.
(5) The heading for section 314A (41 U.S.C. 41 U.S.C. 264a)
is amended to read as follows:
``SEC. 314A. DEFINITIONS RELATING TO PROCUREMENT OF COMMERCIAL
ITEMS.''.
(6) The heading for section 316 (41 U.S.C. 266) is amended
by inserting at the end a period.
(f) Walsh-Healey Act.--
(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.) is
amended--
(A) by transferring the second section 11 (as added
by section 7201(4) of Public Law 103-355) so as to
appear after section 10; and
(B) by redesignating the three sections following
such section 11 (as so transferred) as sections 12, 13,
and 14.
(2) Such Act is further amended in section 10(c) by
striking out the comma after ```locality'''.
(g) Anti-Kickback Act of 1986.--Section 7 of the Anti-Kickback Act
of 1986 (41 U.S.C. 57) is amended by striking out the second period at
the end of subsection (d).
(h) Office of Federal Procurement Policy Act.--The Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended as
follows:
(1) Section 6 (41 U.S.C. 405) is amended by transferring
paragraph (12) of subsection (d) (as such paragraph was
redesignated by section 5091(2) of the Federal Acquisition
Streamlining Act of 1994 (P.L. 103-355; 108 Stat. 3361) to the
end of that subsection.
(2) Section 18(b) (41 U.S.C. 416(b)) is amended by
inserting ``and'' after the semicolon at the end of paragraph
(5).
(3) Section 26(f)(3) (41 U.S.C. 422(f)(3) is amended in the
first sentence by striking out ``Not later than 180 days after
the date of enactment of this section, the Administrator'' and
inserting in lieu thereof ``The Administrator''.
(i) Other Laws.--
(1) The National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160) is amended as follows:
(A) Section 126(c) (107 Stat. 1567) is amended by
striking out ``section 2401 of title 10, United States
Code, or section 9081 of the Department of Defense
Appropriations Act, 1990 (10 U.S.C. 2401 note).'' and
inserting in lieu thereof ``section 2401 or 2401a of
title 10, United States Code.''.
(B) Section 127 (107 Stat. 1568) is amended--
(i) in subsection (a), by striking out
``section 2401 of title 10, United States Code,
or section 9081 of the Department of Defense
Appropriations Act, 1990 (10 U.S.C. 2401
note).'' and inserting in lieu thereof
``section 2401 or 2401a of title 10, United
States Code.''; and
(ii) in subsection (e), by striking out
``section 9081 of the Department of Defense
Appropriations Act, 1990 (10 U.S.C. 2401
note).'' and inserting in lieu thereof
``section 2401a of title 10, United States
Code.''.
(2) The National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189) is amended by striking out
section 824.
(3) The National Defense Authorization Act for Fiscal Years
1988 and 1989 (Public Law 100-180) is amended by striking out
section 825 (10 U.S.C. 2432 note).
(4) Section 3737(g) of the Revised Statutes (41 U.S.C.
15(g)) is amended by striking out ``rights of obligations'' and
inserting in lieu thereof ``rights or obligations''.
(5) The section of the Revised Statutes (41 U.S.C. 22)
amended by section 6004 of Public Law 103-355 (108 Stat. 3364)
is amended by striking out ``No member'' and inserting in lieu
thereof ``Sec. 3741. No Member''.
(6) Section 5152(a)(1) of the Drug-Free Workplace Act of
1988 (41 U.S.C. 701(a)(1)) is amended by striking out ``as
defined in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)'' and inserting in lieu thereof
``(as defined in section 4(12) of such Act (41 U.S.C.
403(12)))''.
SEC. 1103. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON ARMED
SERVICES OF THE HOUSE OF REPRESENTATIVES.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Sections 503(b)(5), 520a(d), 526(d)(1), 619a(h)(2),
806a(b), 838(b)(7), 946(c)(1)(A), 1098(b)(2), 2313(b)(4),
2361(c)(1), 2371(h), 2391(c), 2430(b), 2432(b)(3)(B),
2432(c)(2), 2432(h)(1), 2667(d)(3), 2672a(b), 2687(b)(1),
2891(a), 4342(g), 7307(b)(1)(A), and 9342(g) are amended by
striking out ``Committees on Armed Services of the Senate and
House of Representatives'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives''.
(2) Sections 178(c)(1)(A), 942(e)(5), 2350f(c), 2864(b),
7426(e), 7431(a), 7431(b)(1), 7431(c), 7438(b), 12302(b),
18235(a), and 18236(a) are amended by striking out ``Committees
on Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof ``Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(3) Section 113(j)(1) is amended by striking out
``Committees on Armed Services and Committees on Appropriations
of the Senate and'' and inserting in lieu thereof ``Committee
on Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the Committee
on Appropriations of the''.
(4) Section 119(g) is amended by striking out paragraphs
(1) and (2) and inserting in lieu thereof the following:
``(1) the Committee on Armed Services and the Committee on
Appropriations, and the Defense Subcommittee of the Committee
on Appropriations, of the Senate; and
``(2) the Committee on National Security and the Committee
on Appropriations, and the National Security Subcommittee of
the Committee on Appropriations, of the House of
Representatives.''.
(5) Section 127(c) is amended by striking out ``Committees
on Armed Services and Appropriations of the Senate and'' and
inserting in lieu thereof ``Committee on Armed Services and the
Committee on Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations of''.
(6) Section 135(e) is amended--
(A) by inserting ``(1)'' after ``(e)'';
(B) by striking out ``the Committees on Armed
Services and the Committees on Appropriations of the
Senate and House of Representatives are each'' and
inserting in lieu thereof ``each congressional
committee specified in paragraph (2) is''; and
(C) by adding at the end the following:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(7) Section 179(e) is amended by striking out ``to the
Committees on Armed Services and Appropriations of the Senate
and'' and inserting in lieu thereof ``to the Committee on Armed
Services and the Committee on Appropriations of the Senate and
the Committee on National Security and the Committee on
Appropriations of the''.
(8) Sections 401(d) and 402(d) are amended by striking out
``submit to the'' and all that follows through ``Foreign
Affairs'' and inserting in lieu thereof ``submit to the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on National Security
and the Committee on International Relations''.
(9) Sections 1584(b), 2367(d)(2), and 2464(b)(3)(A) are
amended by striking out ``the Committees on Armed Services and
the Committees on Appropriations of the Senate and'' and
inserting in lieu thereof ``the Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee
on National Security and the Committee on Appropriations of
the''.
(10) Sections 2306b(g), 2801(c)(4), and 18233a(a)(1) are
amended by striking out ``the Committees on Armed Services and
on Appropriations of the Senate and'' and inserting in lieu
thereof ``the Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the''.
(11) Section 1599(e)(2) is amended--
(A) in subparagraph (A), by striking out ``The
Committees on Armed Services and Appropriations'' and
inserting in lieu thereof ``The Committee on National
Security, the Committee on Appropriations,''; and
(B) in subparagraph (B), by striking out ``The
Committees on Armed Services and Appropriations'' and
inserting in lieu thereof ``The Committee on Armed
Services, the Committee on Appropriations,''.
(12) Sections 1605(c), 4355(a)(3), 6968(a)(3), and
9355(a)(3) are amended by striking out ``Armed Services'' and
inserting in lieu thereof ``National Security''.
(13) Section 1060(d) is amended by striking out ``Committee
on Armed Services and the Committee on Foreign Affairs'' and
inserting in lieu thereof ``Committee on National Security and
the Committee on International Relations''.
(14) Section 2215 is amended--
(A) by inserting ``(a) Certification Required.--''
at the beginning of the text of the section;
(B) by striking out ``to the Committees'' and all
that follows through ``House of Representatives'' and
inserting in lieu thereof ``to the congressional
committees specified in subsection (b)''; and
(C) by adding at the end the following:
``(b) Congressional Committees.--The committees referred to in
subsection (a) are--
``(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(2) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(15) Section 2218 is amended--
(A) in subsection (j), by striking out ``the
Committees on Armed Services and on Appropriations of
the Senate and the House of Representatives'' and
inserting in lieu thereof ``the congressional defense
committees''; and
(B) by adding at the end of subsection (k) the
following new paragraph:
``(4) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(16) Section 2342(b) is amended--
(A) in the matter preceding paragraph (1), by
striking out ``section--'' and inserting in lieu
thereof ``section unless--'';
(B) in paragraph (1), by striking out ``unless'';
and
(C) in paragraph (2), by striking out ``notifies
the'' and all that follows through ``House of
Representatives'' and inserting in lieu thereof ``the
Secretary submits to the Committee on Armed Services
and the Committee on Foreign Relations of the Senate
and the Committee on National Security and the
Committee on International Relations of the House of
Representatives notice of the intended designation''.
(17) Section 2350a(f)(2) is amended by striking out
``submit to the Committees'' and all that follows through
``House of Representatives'' and inserting in lieu thereof
``submit to the Committee on Armed Services and the Committee
on Foreign Relations of the Senate and the Committee on
National Security and the Committee on International Relations
of the House of Representatives''.
(18) Section 2366 is amended--
(A) in subsection (d), by striking out ``the
Committees on Armed Services and on Appropriations of
the Senate and House of Representatives'' and inserting
in lieu thereof ``the congressional defense
committees''; and
(B) by adding at the end of subsection (e) the
following new paragraph:
``(7) The term `congressional defense committees' means--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(19) Section 2399(h)(2) is amended by striking out
``means'' and all the follows and inserting in lieu thereof the
following: ``means--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.''.
(20) Section 2401(b)(1) is amended--
(A) in subparagraph (B), by striking out ``the
Committees on Armed Services and on Appropriations of
the Senate and'' and inserting in lieu thereof ``the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on
National Security and the Committees on Appropriations
of the''; and
(B) in subparagraph (C), by striking out ``the
Committees on Armed Services and on Appropriations of
the Senate and House of Representatives'' and inserting
in lieu thereof ``those committees''.
(21) Section 2403(e) is amended--
(A) by inserting ``(1)'' before ``Before making'';
(B) by striking out ``shall notify the Committees
on Armed Services and on Appropriations of the Senate
and House of Representatives'' and inserting in lieu
thereof ``shall submit to the congressional committees
specified in paragraph (2) notice''; and
(C) by adding at the end the following new
paragraph:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(22) Section 2515(d) is amended--
(A) by striking out ``Reporting'' and all that
follows through ``same time'' and inserting in lieu
thereof ``Annual Report.--(1) The Secretary of Defense
shall submit to the congressional committees specified
in paragraph (2) an annual report on the activities of
the Office. The report shall be submitted each year at
the same time''; and
(B) by adding at the end the following new
paragraph:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
``(B) the Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(23) Section 2551 is amended--
(A) in subsection (e)(1), by striking out ``the
Committees on Armed Services'' and all that follows
through ``House of Representatives'' and inserting in
lieu thereof ``the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the
Committee on National Security and the Committee on
International Relations of the House of
Representatives''; and
(B) in subsection (f)--
(i) by inserting ``(1)'' before ``In any
case'';
(ii) by striking out ``Committees on
Appropriations'' and all that follows through
``House of Representatives'' the second place
it appears and inserting in lieu thereof
``congressional committees specified in
paragraph (2)''; and
(iii) by adding at the end the following:
``(2) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
``(B) the Committee on National Security, the Committee on
International Relations, and the Committee on Appropriations of
the House of Representatives.''.
(24) Section 2662 is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking out ``the Committees on Armed
Services of the Senate and House of
Representatives'' and inserting in lieu thereof
``the Committee on Armed Services of the Senate
and the Committee on National Security of the
House of Representatives''; and
(ii) in the matter following paragraph (6),
by striking out ``to be submitted to the
Committees on Armed Services of the Senate and
House of Representatives'';
(B) in subsection (b), by striking out ``shall
report annually to the Committees on Armed Services of
the Senate and the House of Representatives'' and
inserting in lieu thereof ``shall submit annually to
the congressional committees named in subsection (a) a
report'';
(C) in subsection (e), by striking out ``the
Committees on Armed Services of the Senate and the
House of Representatives'' and inserting in lieu
thereof ``the congressional committees named in
subsection (a)''; and
(D) in subsection (f), by striking out ``the
Committees on Armed Services of the Senate and the
House of Representatives shall'' and inserting in lieu
thereof ``the congressional committees named in
subsection (a) shall''.
(25) Section 2674(a) is amended--
(A) in paragraph (2), by striking out ``Committees
on Armed Services of the Senate and the House of
Representatives, the Committee on Environment and
Public Works of the Senate, and the Committee on Public
Works and Transportation of the House of
Representatives'' and inserting in lieu thereof
``congressional committees specified in paragraph
(3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The committees referred to in paragraph (1) are--
``(A) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate; and
``(B) the Committee on National Security and the Committee
on Transportation and Infrastructure of the House of
Representatives.''.
(26) Section 2813(c) is amended by striking out
``Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives'' and
inserting in lieu thereof ``appropriate committees of
Congress''.
(27) Sections 2825(b)(1) and 2832(b)(2) are amended by
striking out ``Committees on Armed Services and the Committees
on Appropriations of the Senate and of the House of
Representatives'' and inserting in lieu thereof ``appropriate
committees of Congress''.
(28) Section 2865(e)(2) and 2866(c)(2) are amended by
striking out ``Committees on Armed Services and Appropriations
of the Senate and House of Representatives'' and inserting in
lieu thereof ``appropriate committees of Congress''.
(29)(A) Section 7434 of such title is amended to read as
follows:
``Sec. 7434. Annual report to congressional committees
``Not later than October 31 of each year, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the production from the naval petroleum reserves during the
preceding calendar year.''.
(B) The item relating to such section in the table of
contents at the beginning of chapter 641 is amended to read as
follows:
``7434. Annual report to congressional committees.''.
(b) Title 37, United States Code.--Title 37, United States Code, is
amended--
(1) in sections 301b(i)(2) and 406(i), by striking out
``Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives''; and
(2) in section 431(d), by striking out ``Armed Services''
the first place it appears and inserting in lieu thereof
``National Security''.
(c) Annual Defense Authorization Acts.--
(1) The National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160) is amended in sections 2922(b) and
2925(b) (10 U.S.C. 2687 note) by striking out ``Committees on
Armed Services of the Senate and House of Representatives'' and
inserting in lieu thereof ``Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives''.
(2) The National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484) is amended--
(A) in section 326(a)(5) (10 U.S.C. 2301 note) and
section 1304(a) (10 U.S.C. 113 note), by striking out
``Committees on Armed Services of the Senate and House
of Representatives'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives''; and
(B) in section 1505(e)(2)(B) (22 U.S.C. 5859a), by
striking out ``the Committee on Armed Services, the
Committee on Appropriations, the Committee on Foreign
Affairs, and the Committee on Energy and Commerce'' and
inserting in lieu thereof ``the Committee on National
Security, the Committee on Appropriations, the
Committee on International Relations, and the Committee
on Commerce''.
(3) Section 1097(a)(1) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 22 U.S.C. 2751 note) is amended by striking out ``the
Committees on Armed Services and Foreign Affairs'' and
inserting in lieu thereof ``the Committee on National Security
and the Committee on International Relations''.
(4) The National Defense Authorization Act for Fiscal Year
1991 (P.L. 101-510) is amended as follows:
(A) Section 402(a) and section 1208(b)(3) (10
U.S.C. 1701 note) are amended by striking out
``Committees on Armed Services of the Senate and the
House of Representatives'' and inserting in lieu
thereof ``Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives''.
(B) Section 1403(a) (50 U.S.C. 404b(a)) is
amended--
(i) by striking out ``the Committees on''
and all that follows through ``each year'' and
inserting in lieu thereof ``the Committee on
Armed Services, the Committee on
Appropriations, and the Select Committee on
Intelligence of the Senate and the Committee on
National Security, the Committee on
Appropriations, and the Permanent Select
Committee on Intelligence of the House of
Representatives each year''.
(C) Section 1457(a) (50 U.S.C. 404c(a)) is amended
by striking out ``the Committees on Armed Services and
on Foreign Affairs of the House of Representatives and
the Committees on Armed Services and'' and inserting in
lieu thereof ``the Committee on National Security and
the Committee on International Relations of the House
of Representatives and the Committee on Armed Services
and the Committee on''.
(D) Section 2921 (10 U.S.C. 2687 note) is amended--
(i) in subsection (e)(3)(A), by striking
out ``the Committee on Armed Services, the
Committee on Appropriations, and the Defense
Subcommittees'' and inserting in lieu thereof
``the Committee on National Security, the
Committee on Appropriations, and the National
Security Subcommittee''; and
(ii) in subsection (g)(2), by striking out
``the Committees on Armed Services of the
Senate and House of Representatives'' and
inserting in lieu thereof ``the Committee on
Armed Services of the Senate and the Committee
on National Security of the House of
Representatives''.
(5) Section 613(h)(1) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100-456; 37 U.S.C. 302 note),
is amended by striking out ``the Committees on Armed Services
of the Senate and the House of Representatives'' and inserting
in lieu thereof ``the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives''.
(6) Section 1412 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 50 U.S.C. 1521), is amended in
subsections (b)(4) and (k)(2), by striking out ``Committees on
Armed Services of the Senate and House of Representatives'' and
inserting in lieu thereof ``Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives''.
(7) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C. 1928
note), is amended by striking out ``the Committees on Armed
Services of the Senate and the House of Representatives'' and
inserting in lieu thereof ``the Committee on Armed Services of
the Senate, the Committee on National Security of the House of
Representatives''.
(8) Section 1252 of the Department of Defense Authorization
Act, 1984 (42 U.S.C. 248d), is amended--
(A) in subsection (d), by striking out ``Committees
on Appropriations and on Armed Services of the Senate
and the House of Representatives'' and inserting in
lieu thereof ``Committee on Appropriations and the
Committee on Armed Services of the Senate and the
Committee on Appropriations and the Committee on
National Security of the House of Representatives'';
and
(B) in subsection (e), by striking out ``Committees
on Appropriations and on Armed Services of the Senate
and the House of Representatives'' and inserting in
lieu thereof ``congressional committees specified in
subsection (d)''.
(d) Base Closure Law.--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 as follows:
(1) Sections 2902(e)(2)(B)(ii) and 2908(b) are amended by
striking out ``Armed Services'' the first place it appears and
inserting in lieu thereof ``National Security''.
(2) Section 2910(2) is amended by striking out ``the
Committees on Armed Services and the Committees on
Appropriations of the Senate and of the House of
Representatives'' and inserting in lieu thereof ``the Committee
on Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the Committee
on Appropriations of the House of Representatives''.
(e) National Defense Stockpile.--The Strategic and Critical
Materials Stock Piling Act is amended--
(1) in section 6(d) (50 U.S.C. 98e(d))--
(A) in paragraph (1), by striking out ``Committees
on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof
``Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives''; and
(B) in paragraph (2), by striking out ``the
Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``such
congressional committees''; and
(2) in section 7(b) (50 U.S.C. 98f(b)), by striking out
``Committees on Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives''.
(f) Other Defense-Related Provisions.--
(1) Section 8125(g)(2) of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 10 U.S.C. 113
note), is amended by striking out ``Committees on
Appropriations and Armed Services of the Senate and House of
Representatives'' and inserting in lieu thereof ``Committee on
Appropriations and the Committees on Armed Services of the
Senate and the Committee on Appropriations and the Committees
on National Security of the House of Representatives''.
(2) Section 1505(f)(3) of the Military Child Care Act of
1989 (title XV of Public Law 101-189; 10 U.S.C. 113 note) is
amended by striking out ``Committees on Armed Services of the
Senate and House of Representatives'' and inserting in lieu
thereof ``Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives''.
(3) Section 9047A of the Department of Defense
Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2687
note), is amended by striking out ``the Committees on
Appropriations and Armed Services of the House of
Representatives and the Senate'' and inserting in lieu thereof
``the Committee on Appropriations and the Committee on Armed
Services of the Senate and the Committee on Appropriations and
the Committee on National Security of the House of
Representatives''.
(4) Section 3059(c)(1) of the Defense Drug Interdiction
Assistance Act (subtitle A of title III of Public Law 99-570;
10 U.S.C. 9441 note) is amended by striking out ``Committees on
Appropriations and on Armed Services of the Senate and the
House of Representatives'' and inserting in lieu thereof
``Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on National
Security and the Committee on Appropriations of the House of
Representatives''.
(5) Section 7606(b) of the Anti-Drug Abuse Act of 1988
(Public Law 100-690; 10 U.S.C. 9441 note) is amended by
striking out ``Committees on Appropriations and the Committee
on Armed Services of the Senate and the House of
Representatives'' and inserting in lieu thereof ``Committee on
Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the Committee
on Appropriations of the House of Representatives''.
(6) Section 104(d)(5) of the National Security Act of 1947
(50 U.S.C. 403-4(d)(5)) is amended by striking out ``Committees
on Armed Services of the Senate and House of Representatives''
and inserting in lieu thereof ``Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives''.
(7) Section 8 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (b)(3), by striking out
``Committees on Armed Services and Government
Operations'' and inserting in lieu thereof ``Committee
on National Security and the Committee on Government
Reform and Oversight'';
(B) in subsection (b)(4), by striking out
``Committees on Armed Services and Governmental Affairs
of the Senate and the Committees on Armed Services and
Government Operations of the House of Representatives''
and inserting in lieu thereof ``congressional
committees specified in paragraph (3)'';
(C) in subsection (f)(1), by striking out
``Committees on Armed Services and Government
Operations'' and inserting in lieu thereof ``Committee
on National Security and the Committee on Government
Reform and Oversight''; and
(D) in subsection (f)(2), by striking out
``Committees on Armed Services and Governmental Affairs
of the Senate and the Committees on Armed Services and
Government Operations of the House of Representatives''
and inserting in lieu thereof ``congressional
committees specified in paragraph (1)''.
(8) Section 204(h)(3) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(3)) is
amended by striking out ``Committees on Armed Services of the
Senate and of the House of Representatives'' and inserting in
lieu thereof ``Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives''.
SEC. 1104. MISCELLANEOUS AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Subtitle A.--Subtitle A of title 10, United States Code, is
amended as follows:
(1) Section 113(i)(2)(B) is amended by striking out ``the
five years covered'' and all that follows through ``section
114(g)'' and inserting in lieu thereof ``the period covered by
the future-years defense program submitted to Congress during
that year pursuant to section 221''.
(2) Section 136(c) is amended by striking out
``Comptroller'' and inserting in lieu thereof ``Under Secretary
of Defense (Comptroller)''.
(3) Section 227(3)(D) is amended by striking out ``for''.
(4) Effective October 1, 1995, section 526 is amended--
(A) in subsection (a), by striking out paragraphs
(1), (2), and (3) and inserting in lieu thereof the
following:
``(1) For the Army, 302.
``(2) For the Navy, 216.
``(3) For the Air Force, 279.'';
(B) by striking out subsection (b);
(C) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d);
(D) in subsection (b), as so redesignated, by
striking out ``that are applicable on and after October
1, 1995''; and
(E) in paragraph (2)(B) of subsection (c), as
redesignated by subparagraph (C), is amended--
(i) by striking out ``the'' after ``in
the'';
(ii) by inserting ``to'' after ``reserve
component, or''; and
(iii) by inserting ``than'' after ``in a
grade other''.
(5) Effective October 1, 1995, section 528(a) is amended by
striking out ``after September 30, 1995,''
(6) Section 573(a)(2) is amended by striking out ``active
duty list'' and inserting in lieu thereof ``active-duty list''.
(7) Section 661(d)(2) is amended--
(A) in subparagraph (B), by striking out ``Until
January 1, 1994'' and all that follows through ``each
position so designated'' and inserting in lieu thereof
``Each position designated by the Secretary under
subparagraph (A)'';
(B) in subparagraph (C), by striking out ``the
second sentence of''; and
(C) by striking out subparagraph (D).
(8) Section 706(c)(1) is amended by striking out ``section
4301 of title 38'' and inserting in lieu thereof ``chapter 43
of title 38''.
(9) Section 1059 is amended by striking out ``subsection
(j)'' in subsections (c)(2) and (g)(3) and inserting in lieu
thereof ``subsection (k)''.
(10) Section 1060a(f)(2)(B) is amended by striking out
``(as defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)))'' and inserting in lieu
thereof ``, as determined in accordance with the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.)''.
(11) Section 1151 is amended--
(A) in subsection (b), by striking out ``(20 U.S.C.
2701 et seq.)'' in paragraphs (2)(A) and (3)(A) and
inserting in lieu thereof ``(20 U.S.C. 6301 et seq.)'';
and
(B) in subsection (e)(1)(B), by striking out ``not
later than one year after the date of the enactment of
the National Defense Authorization Act for Fiscal Year
1995'' and inserting in lieu thereof ``not later than
October 5, 1995''.
(12) Section 1152(g)(2) is amended by striking out ``not
later than 180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1995'' and
inserting in lieu thereof ``not later than April 3, 1994,''.
(13) Section 1177(b)(2) is amended by striking out
``provison of law'' and inserting in lieu thereof ``provision
of law''.
(14) The heading for chapter 67 is amended by striking out
``NONREGULAR'' and inserting in lieu thereof ``NON-REGULAR''.
(15) Section 1598(a)(2)(A) is amended by striking out
``2701'' and inserting in lieu thereof ``6301''.
(16) Section 1745(a) is amended by striking out ``section
4107(d)'' both places it appears and inserting in lieu thereof
``section 4107(b)''.
(17) Section 1746(a) is amended--
(A) by striking out ``(1)'' before ``The Secretary
of Defense''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(18) Section 2006(b)(2)(B)(ii) is amended by striking out
``section 1412 of such title'' and inserting in lieu thereof
``section 3012 of such title''.
(19) Section 2011(a) is amended by striking out ``to'' and
inserting in lieu thereof ``To''.
(20) Section 2194(e) is amended by striking out ``(20
U.S.C. 2891(12))'' and inserting in lieu thereof ``(20 U.S.C.
8801)''.
(21) Sections 2217(b) and 2220(a)(2) are amended by
striking out ``Comptroller of the Department of Defense'' and
inserting in lieu thereof ``Under Secretary of Defense
(Comptroller)''.
(22) Section 2401(c)(2) is amended by striking out
``pursuant to'' and all that follows through ``September 24,
1983,''.
(23) Section 2410f(b) is amended by striking out ``For
purposes of'' and inserting in lieu thereof ``In''.
(24) Section 2410j(a)(2)(A) is amended by striking out
``2701'' and inserting in lieu thereof ``6301''.
(25) Section 2457(e) is amended by striking out ``title III
of the Act of March 3, 1933 (41 U.S.C. 10a),'' and inserting in
lieu thereof ``the Buy American Act (41 U.S.C. 10a)''.
(26) Section 2465(b)(3) is amended by striking out ``under
contract'' and all that follows through the period and
inserting in lieu thereof ``under contract on September 24,
1983.''.
(27) Section 2471(b) is amended--
(A) in paragraph (2), by inserting ``by'' after
``as determined''; and
(B) in paragraph (3), by inserting ``of'' after
``arising out''.
(28) Section 2524(e)(4)(B) is amended by inserting a comma
before ``with respect to''.
(29) The heading of section 2525 is amended by capitalizing
the initial letter of the second, fourth, and fifth words.
(30) Chapter 152 is amended by striking out the table of
subchapters at the beginning and the headings for subchapters I
and II.
(31) Section 2534(c) is amended by capitalizing the initial
letter of the third and fourth words of the subsection heading.
(32) Section 2705(d)(2) is amended by striking out ``the
date of the enactment of this section'' and inserting in lieu
thereof ``October 5, 1994''.
(33) The table of sections at the beginning of subchapter I
of chapter 169 is amended by adding a period at the end of the
item relating to section 2811.
(b) Other Subtitles.--Subtitles B, C, and D of title 10, United
States Code, are amended as follows:
(1) Sections 3022(a)(1), 5025(a)(1), and 8022(a)(1) are
amended by striking out ``Comptroller of the Department of
Defense'' and inserting in lieu thereof ``Under Secretary of
Defense (Comptroller)''.
(2) Section 6241 is amended by inserting ``or'' at the end
of paragraph (2).
(3) Section 6333(a) is amended by striking out the first
period after ``section 1405'' in formula C in the table under
the column designated ``Column 2''.
(4) The item relating to section 7428 in the table of
sections at the beginning of chapter 641 is amended by striking
out ``Agreement'' and inserting in lieu thereof ``Agreements''.
(5) The item relating to section 7577 in the table of
sections at the beginning of chapter 649 is amended by striking
out ``Officers'' and inserting in lieu thereof ``officers''.
(6) The center heading for part IV in the table of chapters
at the beginning of subtitle D is amended by inserting a comma
after ``SUPPLY''.
SEC. 1105. MISCELLANEOUS AMENDMENTS TO ANNUAL DEFENSE AUTHORIZATION
ACTS.
(a) Public Law 103-337.--Effective as of October 5, 1994, and as if
included therein as enacted, the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337) is amended as follows:
(1) Section 322(1) (108 Stat. 2711) is amended by striking
out ``Service'' in both sets of quoted matter and inserting in
lieu thereof ``Services''.
(2) Section 531(g)(2) (108 Stat. 2758) is amended by
inserting ``item relating to section 1034 in the'' after
``The''.
(3) Section 541(c)(1) is amended--
(A) in subparagraph (B), by inserting a comma after
``chief warrant officer''; and
(B) in the matter after subparagraph (C), by
striking out ``this''.
(4) Section 721(f)(2) (108 Stat. 2806) is amended by
striking out ``revaluated'' and inserting in lieu thereof
``reevaluated''.
(5) Section 722(d)(2) (108 Stat. 2808) is amended by
striking out ``National Academy of Science'' and inserting in
lieu thereof ``National Academy of Sciences''.
(6) Section 904(d) (108 Stat. 2827) is amended by striking
out ``subsection (c)'' the first place it appears and inserting
in lieu thereof ``subsection (b)''.
(7) Section 1202 (108 Stat. 2882) is amended--
(A) by striking out ``(title XII of Public Law 103-
60'' and inserting in lieu thereof ``(title XII of
Public Law 103-160''; and
(B) in paragraph (2), by inserting ``in the first
sentence'' before ``and inserting in lieu thereof''.
(8) Section 1312(a)(2) (108 Stat. 2894) is amended by
striking out ``adding at the end'' and inserting in lieu
thereof ``inserting after the item relating to section 123a''.
(9) Section 2813(c) (108 Stat. 3055) is amended by striking
out ``above paragraph (1)'' both places it appears and
inserting in lieu thereof ``preceding subparagraph (A)''.
(b) Public Law 103-160.--The National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160) is amended in section 1603(d) (22
U.S.C. 2751 note)--
(1) in the matter preceding paragraph (1), by striking out
the second comma after ``Not later than April 30 of each
year'';
(2) in paragraph (4), by striking out ``contributes'' and
inserting in lieu thereof ``contribute''; and
(3) in paragraph (5), by striking out ``is'' and inserting
in lieu thereof ``are''.
(c) Public Law 102-484.--The National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484) is amended as follows:
(1) Section 326(a)(5) (106 Stat. 2370; 10 U.S.C. 2301 note)
is amended by inserting ``report'' after ``each''.
(2) Section 4403(a) (10 U.S.C. 1293 note) is amended by
striking out ``through 1995'' and inserting in lieu thereof
``through fiscal year 1999''.
(d) Public Law 102-190.--Section 1097(d) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190;
105 Stat. 1490) is amended by striking out ``the Federal Republic of
Germany, France'' and inserting in lieu thereof ``France, Germany''.
SEC. 1106. MISCELLANEOUS AMENDMENTS TO FEDERAL ACQUISITION LAWS.
(a) Office of Federal Procurement Policy Act.--The Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended as
follows:
(1) Section 6(b) (41 U.S.C. 405(b)) is amended by striking
out the second comma after ``under subsection (a)'' in the
first sentence.
(2) Section 18(a) (41 U.S.C. 416(a)) is amended in
paragraph (1)(B) by striking out ``described in subsection
(f)'' and inserting in lieu thereof ``described in subsection
(b)''.
(3) Section 25(b)(2) (41 U.S.C. 421(b)(2)) is amended by
striking out ``Under Secretary of Defense for Acquisition'' and
inserting in lieu thereof ``Under Secretary of Defense for
Acquisition and Technology''.
(b) Other Laws.--
(1) Section 11(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking out the second comma after
``Community Service''.
(2) Section 908(e) of the Defense Acquisition Improvement
Act of 1986 (10 U.S.C. 2326 note) is amended by striking out
``section 2325(g)'' and inserting in lieu thereof ``section
2326(g)''.
(3) Effective as of August 9, 1989, and as if included
therein as enacted, Public Law 101-73 is amended in section
501(b)(1)(A) (103 Stat. 393) by striking out ``be,'' and
inserting in lieu thereof ``be;'' in the second quoted matter
therein.
(4) Section 3732(a) of the Revised Statutes (41 U.S.C.
11(a)) is amended by striking out the second comma after
``quarters''.
(5) Section 2 of the Contract Disputes Act of 1978 (41
U.S.C. 601) is amended in paragraphs (3), (5), (6), and (7), by
striking out ``The'' and inserting in lieu thereof ``the''.
(6) Section 13 of the Contract Disputes Act of 1978 (41
U.S.C. 612) is amended--
(A) in subsection (a), by striking out ``section
1302 of the Act of July 27, 1956, (70 Stat. 694, as
amended; 31 U.S.C. 724a)'' and inserting in lieu
thereof ``section 1304 of title 31, United States
Code''; and
(B) in subsection (c), by striking out ``section
1302 of the Act of July 27, 1956, (70 Stat. 694, as
amended; 31 U.S.C. 724a)'' and inserting in lieu
thereof ``section 1304 of title 31, United States
Code,''.
SEC. 1107. MISCELLANEOUS AMENDMENTS TO OTHER LAWS.
(a) Officer Personnel Act of 1947.--Section 437 of the Officer
Personnel Act of 1947 is repealed.
(b) Title 5, United States Code.--Title 5, United States Code, is
amended--
(1) in section 8171--
(A) in subsection (a), by striking out ``903(3)''
and inserting in lieu thereof ``903(a)'';
(B) in subsection (c)(1), by inserting ``section''
before ``39(b)''; and
(C) in subsection (d), by striking out ``(33 U.S.C.
18 and 21, respectively)'' and inserting in lieu
thereof ``(33 U.S.C. 918 and 921)'';
(2) in sections 8172 and 8173, by striking out ``(33 U.S.C.
2(2))'' and inserting in lieu thereof ``(33 U.S.C. 902(2))'';
and
(3) in section 8339(d)(7), by striking out ``Court of
Military Appeals'' and inserting in lieu thereof ``Court of
Appeals for the Armed Forces''.
(c) Public Law 90-485.--Effective as of August 13, 1968, and as if
included therein as originally enacted, section 1(6) of Public Law 90-
485 (82 Stat. 753) is amended--
(1) by striking out the close quotation marks after the end
of clause (4) of the matter inserted by the amendment made by
that section; and
(2) by adding close quotation marks at the end.
(d) Title 37, United States Code.--Section 406(b)(1)(E) of title
37, United States Code, is amended by striking out ``of this
paragraph''.
(e) Base Closure Act.--Section 2910 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--
(1) by redesignating the second paragraph (10), as added by
section 2(b) of the Base Closure Community Redevelopment and
Homeless Assistance Act of 1994 (Public Law 103-421; 108 Stat.
4352), as paragraph (11); and
(2) in paragraph (11), as so redesignated, by striking out
``section 501(h)(4)'' and ``11411(h)(4)'' and inserting in lieu
thereof ``501(i)(4)'' and ``11411(i)(4)'', respectively.
(f) Public Law 103-421.--Section 2(e)(5) of Public Law 103-421 (108
Stat. 4354) is amended--
(1) by striking out ``(A)'' after ``(5)''; and
(2) by striking out ``clause'' in subparagraph (B)(iv) and
inserting in lieu thereof ``clauses''.
SEC. 1108. COORDINATION WITH OTHER AMENDMENTS.
For purposes of applying amendments made by provisions of this Act
other than provisions of this title, this title shall be treated as
having been enacted immediately before the other provisions of this
Act.
Passed the Senate September 6 (legislative day, September
5), 1994.
Attest:
Secretary.
104th CONGRESS
1st Session
S. 1124
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1996 for military
activities of the Department of Defense, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes.
S 1124 ES----2
S 1124 ES----3
S 1124 ES----4
S 1124 ES----5
S 1124 ES----6
S 1124 ES----7
S 1124 ES----8
S 1124 ES----9
S 1124 ES----10
S 1124 ES----11
S 1124 ES----12
S 1124 ES----13
S 1124 ES----14
S 1124 ES----15
S 1124 ES----16
S 1124 ES----17
S 1124 ES----18
S 1124 ES----19
S 1124 ES----20
S 1124 ES----21
S 1124 ES----22
S 1124 ES----23
S 1124 ES----24
S 1124 ES----25
S 1124 ES----26
S 1124 ES----27
S 1124 ES----28
S 1124 ES----29
S 1124 ES----30
S 1124 ES----31
S 1124 ES----32
S 1124 ES----33
S 1124 ES----34
S 1124 ES----35
S 1124 ES----36
S 1124 ES----37
S 1124 ES----38
S 1124 ES----39
S 1124 ES----40