[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1672 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1672

To make various changes to laws affecting the management and operations 
         of the Department of Defense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 1996

 Mr. Thurmond (for himself and Mr. Nunn) (by request)) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To make various changes to laws affecting the management and operations 
         of the Department of Defense, 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. USE OF DOD WARSAW INITIATIVE FUNDS IN SUPPORT OF THE 
              REGIONAL AIRSPACE INITIATIVE AND THE PARTNERSHIP FOR 
              PEACE INFORMATION MANAGEMENT SYSTEM.

    In addition to purposes authorized by section 2010 of title 10, 
United States Code, funds appropriated pursuant to the authorizations 
for the Warsaw Initiative and the Partnership for Peace may be used to 
assist in the implementation of the Regional Airspace Initiative and 
the Partnership for Peace Information Management System, including the 
procurement of items in support of such programs and transfer of such 
items to participating countries.

SEC. 2. AUTHORIZED STRENGTHS: COMMISSIONED OFFICERS ON ACTIVE DUTY IN 
              GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL AND NAVY 
              GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.

    (a) Revision in the Army, Air Force, and Marine Corps Authorized 
Strength Limitations.--The table in paragraph (1) of section 523(a) of 
title 10, United States Code, is amended to read as follows:


------------------------------------------------------------------------
                                   Number of officers who may be serving
   Total number of commissioned       on active duty in the grade of--  
 officers (excluding officers in  --------------------------------------
     categories specified in                     Lieutenant             
 subsection (b)) on active duty:      Major       Colonel      Colonel  
------------------------------------------------------------------------
Army:                                                                   
   35,000........................        8,922        6,419        2,163
   40,000........................        9,614        6,807        2,347
   45,000........................       10,305        7,196        2,530
   50,000........................       10,997        7,584        2,713
   55,000........................       11,688        7,973        2,897
   60,000........................       12,380        8,361        3,080
   65,000........................       13,071        8,750        3,264
   70,000........................       13,763        9,138        3,447
   75,000........................       14,454        9,527        3,631
   80,000........................       15,146        9,915        3,814
   85,000........................       15,837       10,304        3,997
   90,000........................       16,529       10,692        4,181
   95,000........................       17,220       11,081        4,364
   100,000.......................       17,912       11,469        4,548
   110,000.......................       19,295       12,246        4,915
   120,000.......................       20,678       13,023        5,281
Air Force:                                                              
   35,000........................        9,216        7,090        2,125
   40,000........................       10,025        7,478        2,306
   45,000........................       10,835        7,866        2,487
   50,000........................       11,645        8,253        2,668
   55,000........................       12,454        8,641        2,849
   60,000........................       13,264        9,029        3,030
   65,000........................       14,073        9,417        3,211
   70,000........................       14,883        9,805        3,392
   75,000........................       15,693       10,193        3,573
   80,000........................       16,502       10,582        3,754
   85,000........................       17,312       10,971        3,935
   90,000........................       18,121       11,360        4,115
   95,000........................       18,931       11,749        4,296
   100,000.......................       19,741       12,138        4,477
   110,000.......................       21,360       12,915        4,838
   120,000.......................       22,979       13,692        5,200
Marine Corps:                                                           
   10,000........................        2,525        1,480          571
   12,500........................        2,900        1,600          592
   15,000........................        3,275        1,720          613
   17,500........................        3,650        1,840          633
   20,000........................        4,025        1,960          654
   22,500........................        4,400        2,080          675
   25,000........................        4,775        2,200          695
------------------------------------------------------------------------

    (b) Revision in the Navy Authorized Strength Limitations.--The 
table in paragraph (2) of section 523(a) of title 10, United States 
Code, is amended to read as follows:


------------------------------------------------------------------------
                                   Number of officers who may be serving
   Total number of commissioned       on active duty in the grade of--  
 officers (excluding officers in  --------------------------------------
     categories specified in        Lieutenant                          
 subsection (b)) on active duty:    Commander    Commander     Captain  
------------------------------------------------------------------------
Navy:                                                                   
   30,000........................        7,331        5,018        2,116
   33,000........................        7,799        5,239        2,223
   36,000........................        8,267        5,460        2,330
   39,000........................        8,735        5,681        2,437
   42,000........................        9,203        5,902        2,544
   45,000........................        9,671        6,123        2,651
   48,000........................       10,139        6,343        2,758
   51,000........................       10,606        6,561        2,864
   54,000........................       11,074        6,782        2,971
   57,000........................       11,541        7,002        3,078
   60,000........................       12,009        7,222        3,185
   63,000........................       12,476        7,441        3,292
   66,000........................       12,944        7,661        3,398
   70,000........................       13,567        7,954        3,541
   90,000........................       16,683        9,419        4,254
------------------------------------------------------------------------

    (c) Effective Date and Applicability.--The amendments made by 
subsections (a) and (b) of this section shall become effective 
September 1, 1997. With the approval of the Secretary of Defense, if 
funds are available for such purposes, the Secretary of a Military 
Department may implement such amendments at an earlier date following 
the date of enactment of this Act.

SEC. 3. AGREEMENTS FOR SERVICES OF OTHER AGENCIES IN SUPPORT OF 
              ENVIRONMENTAL TECHNOLOGY DEMONSTRATION AND VALIDATION.

    The Secretary of Defense is authorized to enter into procurement 
contracts, grants or cooperative agreements on a reimbursable or other 
basis with any State or local government agency to obtain the services 
of that agency to assist the Department in demonstrating and validating 
environmental technologies. Services that may be obtained using this 
authority include (but are not limited to) data gathering and analysis, 
and technical assistance in conducting a demonstration, including 
implementation of quality assurance and quality control programs. The 
Secretary may pay reasonable, nondiscriminatory service charges 
provided the charge does not exceed the actual or estimated cost of 
providing the service. To effectuate the purposes of this section, the 
Department need not comply with the provisions of the Federal Grant and 
Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308) requiring the 
use of a procurement contract to acquire services for the direct 
benefit of the United States Government, but must otherwise comply with 
Departmental regulations and Office of Management and Budget 
guidance respecting the use and administration of grants and 
cooperative agreements.

SEC. 4. AUTHORITY FOR FOREIGN MILITARY SALES TO THE GOVERNMENT OF 
              HAITI.

    The Government of Haiti is eligible to purchase defense articles 
and services under the Arms Export Control Act (22 U.S.C. 2751, et 
seq.), except as otherwise specifically stated in law.

SEC. 5. FOUNDATION GENEVA CENTRE FOR SECURITY POLICY.

    (a) Authority.--The Secretary of Defense may participate in the 
Foundation Geneva Centre for Security Policy, including the sharing of 
costs proportional to United States use of the Centre, and may send as 
many civilians as directors, deans, professors, scholars, instructors, 
researchers, and lecturers at the Foundation Geneva Centre for Security 
Policy as the Secretary considers necessary.
    (b) Compensation.--The compensation of persons employed under this 
section shall be as prescribed by the Secretary of Defense.

SEC. 6. REPEAL OF LIMITATION ON USE OF APPROPRIATED FUNDS TO INFLUENCE 
              CERTAIN FEDERAL CONTRACTING AND FINANCIAL TRANSACTIONS.

    (a) In General.--Section 1352 of title 31, United States Code, 
entitled ``Limitation on use of appropriated funds to influence certain 
Federal contracting and financial transactions'' is repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 13 of such title 31 is amended by striking the item relating to 
section 1352.

SEC. 7. REFINEMENTS TO THIRD PARTY COLLECTION AND CHAMPUS DOUBLE 
              COVERAGE PROGRAMS.

    (a) Expansion of Collection Authorities.--Section 1095 of title 10, 
United States Code, is amended--
            (1) in subsection (g)(1), by inserting after ``provided 
        at'' ``or through'';
            (2) in subsection (h)(1), by inserting before the period at 
        the end of the first sentence the following: ``and a workers' 
        compensation program or plan''; and
            (3) in subsection (h)(2)--
                    (A) by striking ``and'' substituting in lieu 
                thereof a comma;
                    (B) by inserting before the period at the end ``, 
                and personal injury protection or medical payments 
                benefits in cases involving personal injuries resulting 
                from operation of a motor vehicle''.
    (b) Inclusion of Third Party Payer in Collection Efforts.--Section 
1079(j)(1) of title 10, United States Code, is amended by inserting 
after ``or health plan'' ``, including any plan offered by any third 
party payer (as defined in section 1095(h)(1)),''.

SEC. 8. CONTRIBUTIONS TO CAPITAL OF A CORPORATION.

    Section 118(b) of the Internal Revenue Code is amended as follows:
            (1) by inserting ``(1)'' immediately before ``does not''; 
        and
            (2) by striking the period at the end and inserting in lieu 
        thereof: ``; but (2) does include the transfer of a Department 
        of Defense owned utility system, in whole or in part, and any 
        associated funds or utility connection fees.''.

SEC. 9. INCREASE IN THE PENALTIES FOR CERTAIN TRAFFIC OFFENSES ON 
              FEDERAL PROPERTY.

    Section 4 of the Act of June 1, 1948 (40 U.S.C. 318c) is amended to 
read as follows:
    ``Sec. 4. Whoever shall violate any rule or regulation promulgated 
pursuant to section 2 of this Act shall be fined in accordance with 
title 18, United States Code.''.

SEC. 10. STREAMLINING AND SIMPLIFYING CHILD SUPPORT AND ALIMONY 
              GARNISHMENT PROCESSING.

    Section 459 of the Social Security Act (42 U.S.C. 659) is amended 
by revising subsection (b) to read as follows:

                 ``Methods of Service of Legal Process

    ``(b) Service of legal process brought for the enforcement of an 
individual's obligation to provide child support or to make alimony 
payments may be accomplished by facsimile or electronic transmission, 
mail, or by personal service upon the appropriate agent designated for 
receipt of such service of process pursuant to regulations promulgated 
pursuant to section 461 of this Act (or, if no agent has been 
designated for the governmental entity having payment responsibility 
for the moneys involved, then upon the head of such governmental 
entity). Such process shall be accompanied by sufficient data to permit 
prompt identification of the individual obligor and the moneys 
involved. Such data shall include the individual obligor's Social 
Security Number, if available.''.

SEC. 11. ELIMINATION OF REQUIREMENT TO COMPLETE ENVIRONMENTAL REMEDIAL 
              INVESTIGATIONS AND FEASIBILITY STUDIES AT CLOSING BASES.

    Section 334 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 2687 note) is hereby 
repealed.

SEC. 12. PAYMENTS OF STIPULATED PENALTIES ASSESSED UNDER CERCLA.

    The Secretary of Defense may pay from funds appropriated pursuant 
to section 2703 of title 10, United States Code:
            (1) To the Hazardous Substance Superfund established under 
        section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 
        9507) stipulated civil penalties assessed under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) in amounts as 
        follows:
                    (A) Not more than $34,000 assessed against the 
                United States Army at Fort Riley, Kansas, under such 
                Act.
                    (B) Not more than $55,000 assessed against the 
                Massachusetts Military Reservation, Massachusetts, 
                under such Act.
                    (C) Not more than $10,000 assessed against the F.E. 
                Warren Air Force Base, Wyoming, under such Act.
                    (D) Not more than $30,000 assessed against the 
                Naval Education and Training Center Newport, Rhode 
                Island, under such Act.
                    (E) Not more than $37,500 assessed against Lake 
                City Army Ammunition Plant, under such Act.
            (2) To accomplish two environmental restoration projects at 
        a total cost not to exceed $500,000, as part of a negotiated 
        agreement in lieu of stipulated penalties assessed under the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.) against the 
        Massachusetts Military Reservation, Massachusetts.

SEC. 13. AVIATION AND VESSEL WAR RISK INSURANCE.

    (a) Findings.--(1) The augmentation of the Defense Transportation 
System, with privately owned commercial aircraft and vessels, is 
essential for the rapid mobilization of United States forces to meet 
contingencies occurring anywhere in the world.
    (2) The inability of the owners of privately owned aircraft and 
vessels to obtain commercial insurance on reasonable terms and 
conditions is a significant impediment to the utilization of commercial 
aircraft and vessels during such contingencies. This was recognized 
with the creation of government insurance funds pursuant to chapter 443 
of title 49 of the United States Code, and title XII of the Merchant 
Marine Act, 1936.
    (3) The costs associated with the loss of a new aircraft or vessel 
and potential liabilities to third parties have exceeded the amounts 
available in the insurance funds and threaten to jeopardize what 
heretofore have been extremely cost effective programs of the 
Department of Transportation for the Department of Defense. Financial 
constraints may force some commercial transportation carriers to forgo 
participation, especially in aviation programs, unless commercial 
insurance practices regarding timeliness of payment can be met.
    (4) Through an agreement authorized by the above statutes, the 
Department of Defense has agreed to indemnify the Department of 
Transportation for losses incurred on contractor missions.
    (b) Purposes.--The purposes of this section are as follows:
            (1) To provide means for timely payment of claims by the 
        Department of Transportation and timely reimbursement of the 
        Aviation Insurance Fund and the Marine Insurance Fund by the 
        Department of Defense to cover losses that may be incurred by 
        commercial carriers supporting the national interests 
        contemplated by chapter 443 of title 49, United States Code, 
        and by title XII of the Merchant Marine Act, 1936.
            (2) To establish a mechanism for congressional monitoring 
        of the claims program, should the need arise for direct 
        involvement by Congress.
    (c) Aviation War Risk Insurance--Repayment for Losses to the 
Transportation Insurance Funds.--Section 44305 of title 49, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(c)(1) The Secretary of Defense is authorized to transfer, from 
any funds available to the Department of Defense regardless of the 
purpose of the funds to be transferred, such sums as may be necessary 
to reimburse the Administrator of the Federal Aviation Administration 
under the provisions of this title to pay for the loss or damage of 
civil aircraft, death or injury to personnel, and losses or damage 
caused by or associated therewith, which have been insured at the 
request of the Secretary of Defense. Such transfer authority shall be 
in addition to any other statutory transfer authority and shall be made 
without regard to any dollar limitations contained therein. Such 
transfers will be merged with the amounts in the Aviation Insurance 
Fund.
    ``(2) The Secretary of Defense shall promptly reimburse the 
Aviation Insurance Fund. Such reimbursement to the Aviation Insurance 
Fund shall not be subject to the notification or delay requirements 
contained in other statutes and shall be made not later than 30 days 
following the presentation to the Administrator of the Federal Aviation 
Administration of a claim for the loss or damage to the hull, and not 
later than 180 days for all other valid claims as determined by the 
Administrator of the Federal Aviation Administration. Consolidation of 
claims is not required.
    ``(3) The Secretary of Defense and the Administrator of the Federal 
Aviation Administration shall notify Congress as soon after the 
occurrence of loss as possible, and in no event more than 30 days, from 
the occurrence of damage or loss to aircraft or equipment, injury or 
death of personnel, and loss or damage caused by or associated 
therewith, for amounts in excess of one million dollars, insured by the 
Aviation Insurance Fund pursuant to an indemnifying agreement between 
the Secretary of Defense and the Secretary of Transportation. Updates 
as to the total amounts expended to cover such losses, pending 
litigation, and estimated total cost to the government shall be 
submitted every 6 months until concluded.''.
    (d) Vessel War Risk Insurance--Repayment for Losses to the 
Transportation Insurance Funds.--Section 1205 of the Merchant Marine 
Act, 1936, (46 App. U.S.C. 1285) is amended by adding at the end the 
following new subsection:
    ``(c)(1) The Secretary of Defense is authorized to transfer, from 
any funds available to the Department of Defense regardless of the 
purpose of the funds to be transferred, such sums as are necessary to 
reimburse the Secretary of Transportation under the provisions of this 
title to pay for the loss or damage of a vessel, death or injury of 
personnel, and losses or damages caused by or associated therewith, 
which have been insured as the request of the Secretary of Defense. 
Such transfer authority shall be in addition to any other statutory 
transfer authority and shall be made without regard to any dollar 
limitations contained therein. Such transfers will be merged with the 
amounts in the insurance fund created pursuant to section 1208 of this 
title.
    ``(2) The Secretary of Defense shall promptly reimburse the 
insurance fund created pursuant to section 1208 of this title. Such 
reimbursements shall not be subject to the notification or delay 
requirements contained in other statutes and shall be made not later 
than 90 days following the adjudication or settlement by the Secretary 
of Transportation of a claim for the loss or damage to a vessel, or the 
death or injury of personnel, or loss or damage associated therewith. 
Consolidation of claims is not required.
    ``(3) The Secretary of Defense and the Secretary of Transportation 
shall provide Congress on a periodic basis a report of claims paid in 
amounts in excess of one million dollars which are insured by the 
Marine Insurance Fund pursuant to an indemnifying agreement between the 
Secretary of Defense and the Secretary of Transportation. Updates as to 
the total amounts expended to cover such losses, pending litigation, 
and estimated total cost to the government shall be submitted every 6 
months until concluded.''.

SEC. 14. AUTHORITY FOR ORDERING MEMBERS OF THE READY RESERVE TO ACTIVE 
              DUTY OTHER THAN DURING WAR OR NATIONAL EMERGENCY.

    (a) Section 10144 of title 10, United States Code, is amended--
            (1) by inserting ``(a)'' at the beginning of the section, 
        and
            (2) by adding at the end the following new subsection (b):
    ``(b) Within the Individual Ready Reserve of each reserve component 
there is a category of reserve members, as determined by the Secretary 
concerned, who are subject to an order to active duty under the 
provisions of section 12304 of this title. A member in this category 
may be subject to such an order to active duty under section 12304 of 
this title only if the member volunteers for assignment to the category 
and only for a period of up to 24 months from the date of the 
individual's separation from active service. The Secretary concerned 
shall designate specific grades and military skills or specialties for 
eligibility for assignment to such Individual Ready Reserve 
mobilization category. An individual assigned to such Individual Ready 
Reserve mobilization category shall be eligible, as determined by the 
Secretary of Defense, for benefits (except pay and training) as 
normally are available to members of the Selected Reserve.''.
    (b) Section 12304 of such title 10 is amended--
            (1) in the catchline for such section by inserting after 
        ``Selected Reserve'' ``and certain Individual Ready Reserve 
        members'';
            (2) in subsection (a), by inserting after ``(as defined in 
        section 10143(a) of this title),'' ``or any member of the 
        Individual Ready Reserve (as defined in section 10144(b) of 
        this title and designated as essential under regulations 
        promulgated by the Secretary concerned,'';
            (3) in subsection (c), by inserting after ``Selected 
        Reserve'' ``, which may include no more than 30,000 members of 
        the Individual Ready Reserve (as defined by section 
        10144(b)),'';
            (4) in subsection (f), by inserting after ``Selected 
        Reserve'' ``or Individual Ready Reserve'';
            (5) in subsection (g), by inserting after ``to serve as a 
        unit,'' ``, or a member of the Individual Ready Reserve,''; and
            (6) by amending the item in the table of sections for such 
        chapter 1209 of title 10 that refers to section 12304 by 
        inserting after ``Selected Reserve'' ``and certain Individual 
        Ready Reserve members''.

SEC. 15. EXTENSION AND AMENDMENT OF COUNTERPROLIFERATION AUTHORITIES.

    Section 1505 of the National Defense Authorization Act for Fiscal 
Year 1993 (22 U.S.C. 5859a), as amended, is amended--
            (1) in paragraph (d)(3)--
                    (A) by striking ``Department of Defense'' and 
                inserting in lieu thereof ``On-Site Inspection 
                Agency'';
                    (B) by striking after ``Fiscal Year 1995'' ``or''; 
                and
                    (C) by inserting before the period at the end ``, 
                ``$15,000,000 for Fiscal Year 1997, or $15,000,000 for 
                Fiscal Year 1998''; and
            (2) in subsection (f) by striking ``1996'' and inserting in 
        lieu thereof ``1998''.
                                 <all>