[Congressional Record Volume 142, Number 3 (Friday, January 5, 1996)]
[House]
[Pages H240-H306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
Mr. SPENCE. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 1124) 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 ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
Mr. DELLUMS. Mr. Speaker, reserving the right to object, I would like
to ask the distinguished gentleman from South Carolina, is the
unanimous-consent request that the gentleman is engaging in an effort
to expedite going to conference on the DOD authorization bill as a
result of the sustaining of the veto by the President?
Mr. SPENCE. Mr. Speaker, will the gentleman yield?
Mr. DELLUMS. I yield to the gentleman from South Carolina.
Mr. SPENCE. Mr. Speaker, let me say, first of all, that I appreciate
the gentleman's cooperation over the past several days in working to
move this process forward. I also appreciate the leadership on both
sides of the aisle making this possible.
Mr. DELLUMS. Mr. Speaker, reclaiming my time for a moment, I
understand that the gentleman is beginning to move into a colloquy that
we have agreed upon regarding the pay raise and the housing allowance
of our military personnel, but I am simply asking the question prior to
that.
Is the effort on the part of the distinguished gentleman from South
Carolina to simply bring a Senate bill forward that would be an
appropriate vehicle to expedite going to conference?
Mr. SPENCE. The gentleman is correct.
Mr. DELLUMS. Mr. Speaker, I just wanted my colleagues to understand
that this is purely a procedural matter.
Further reserving the right to object, as many of my colleagues are
aware, in the context of the DOD authorization bill conference report,
it allowed for a 2.4-percent cost of living increase to our military
personnel and a 5.2-percent housing allowance increase.
{time} 1815
Because of the action taken in the body, we were not able to allow
that cost of living increase and that housing allowance increase to go
forward in the month of January. Therefore, I would
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like to enter into the following colloquy with the gentleman from South
Carolina.
Mr. Speaker, I certainly wish to enter into the process of trying to
come back to this body with a conference report that can be signed into
law as expeditiously as possible, and I put both my word and my
reputation on the line in that respect. But I would like to ask the
gentleman from South Carolina [Mr. Spence] that in the event that the
process in some way is slowed down, that the gentleman could give this
gentleman and my colleagues on this side of the aisle his word that if
we have not reached agreement on the fiscal year 1996 defense
authorization conference by the end of the month so that the full 2.4
percent cost of living increase and the 5.2 percent for basic allowance
for quarters could be allowed to our service personnel for February
1996, that the majority leadership will agree to bring appropriate
legislation to the floor in time to ensure that the military will
receive these increases in February.
Mr. SPENCE. Mr. Speaker, will the gentleman yield?
Mr. DELLUMS. Mr. Speaker, I yield to the gentleman from South
Carolina.
Mr. SPENCE. Mr. Speaker, let me say first of all that I appreciate
the gentleman from California [Mr. Dellums] and his cooperation in the
past few days in moving this process forward.
I also want to express my appreciation to the leadership on both
sides of the aisle for making this process possible, or this procedure.
I also want to express my appreciation to the minority members on our
committee who have helped to bring this bill forward in committee and
in conference to this place that we find ourselves in tonight.
Mr. Speaker, there is no disagreement between us on the importance of
ensuring that the troops and their families receive their full pay
raise and their full BAQ housing allowances. Based on the President's
December 28 Executive Order, the troops are currently receiving a 2.0-
percent pay raise and a 2.0-percent increase in their housing
allowance.
Mr. Speaker, I believe that the appropriate vehicle for legislation
authorizing a military pay raise is the Defense authorization bill. We
attempted to override the President's veto earlier this week, and did
not succeed. Therefore, we are here tonight trying to appoint conferees
to a new conference in order to hopefully resolve our differences and
to send a revised bill, including the pay and housing allowances, back
down to the President as soon as possible.
I would commit to the gentleman from California, and to all of my
colleagues, that if all efforts to reach an agreement on a revised
conference report have not succeeded by end of this month, I will work
with him and all others to pass legislation for the full pay raise and
housing allowance as expeditiously as possible, either as a free-
standing bill or in some other fast-moving vehicle. It would be my
intention that any such legislation would provide the full pay raise
and BAQ housing allowance retroactive to January 1, 1996.
Mr. DELLUMS. Mr. Speaker, reclaiming my time and further reserving my
right to object, I would like to first thank my distinguished colleague
for a very straightforward response to the question that this gentleman
raised. I appreciate both the gentleman's integrity and veracity on
this issue.
Given the assurances that have been laid down clearly by my
distinguished colleague, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Carolina?
Mr. HEFLEY. Mr. Speaker, reserving the right to object, I do not
intend to object, but under the reservation, I would hope that we are
not going to open up the entire defense bill in this new conference.
There are a relative few sections that there is a complaint about:
ballistic missiles, U.N. control, relative small number of issues that
there is a complaint about.
Mr. Speaker, I am particularly concerned, of course, about the
military construction section, because this is the section where we
make gigantic strides in trying to improve the housing and living
conditions of our troops. There was no objection to that. The gentleman
from California [Mr. Dellums], the ranking member of the committee, and
I have talked about this on numerous occasions. The gentleman has no
objection to that.
This is the area that I am most interested in, but there are other
areas that there were no objections, that the committee was in strong
support of. So, I would hope with this reduced number of conferees that
we have going to this conference, and I think that is a good idea, but
I would hope, Mr. Speaker, that we would not open up the entire bill
and start over again. An enormous amount of time and effort and energy
was put into getting where we are now. I would hope that we would focus
on the areas that we need to.
Mr. SPENCE. Mr. Speaker, if the gentleman would yield, we intend in
the conference to do just those things to prevent another veto, and it
would not get down to housing, I am sure, because the President in his
message to us did not say anything to us about the housing that we
passed.
Mr. HEFLEY. Mr. Speaker, I thank the gentleman for his response. I
appreciate that.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore (Mr. Bunning of Kentucky). Is there objection
to the request of the gentleman from South Carolina?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 1124
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.
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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.
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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.
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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
[[Page H245]]
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
[[Page H246]]
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
[[Page H247]]
(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
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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
[[Page H249]]
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).
[[Page H250]]
(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
[[Page H251]]
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.
[[Page H252]]
(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--
[[Page H253]]
(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
[[Page H254]]
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.
[[Page H255]]
(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.''.
[[Page H256]]
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.
[[Page H257]]
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)).''.
[[Page H258]]
(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
[[Page H259]]
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.
[[Page H260]]
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.
[[Page H261]]
(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
[[Page H262]]
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
[[Page H263]]
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
[[Page H264]]
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.
[[Page H265]]
``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)
[[Page H266]]
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
[[Page H267]]
``(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.
[[Page H268]]
(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
[[Page H269]]
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
[[Page H270]]
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
[[Page H271]]
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
[[Page H272]]
(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''.
[[Page H273]]
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
[[Page H274]]
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
[[Page H275]]
``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
[[Page H276]]
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
[[Page H277]]
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.
[[Page H278]]
(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--
[[Page H279]]
``(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.
[[Page H280]]
``(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.
[[Page H281]]
(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.
[[Page H282]]
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
[[Page H283]]
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
[[Page H284]]
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
[[Page H285]]
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.
[[Page H286]]
(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.
[[Page H287]]
``(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
[[Page H288]]
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''.....
(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.
[[Page H289]]
(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--
[[Page H290]]
(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.
[[Page H291]]
(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.''.
[[Page H292]]
(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.
[[Page H293]]
``(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
[[Page H294]]
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.
[[Page H295]]
(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--
[[Page H296]]
(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''.
[[Page H297]]
(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''.
[[Page H298]]
(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
[[Page H299]]
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''
[[Page H300]]
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)'';
[[Page H301]]
(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'';
[[Page H302]]
(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.
motion offered by mr. spence
The Clerk read as follows:
Mr. Spence moves to strike all after the enacting clause of
S. 1124 and insert in lieu thereof the text of H.R. 1530 as
reported by the committee of conference on December 13, 1995,
contained in House Report 104-406.
(For text of H.R. 1530 see proceeding of the House of December 13,
1995 at page H14378.)
The SPEAKER pro tempore. The gentleman from South Carolina [Mr.
Spence] is recognized for 1 hour.
Mr. SPENCE. Mr. Speaker, I yield back 30 minutes of time, and yield
15 minutes to the gentleman from California [Mr. Dellums] and ask
unanimous consent that the gentleman be allowed to control that time.
The SPEAKER pro tempore. Is the there objection to the request of the
gentleman from South Carolina?
There is no objection.
Mr. SPENCE. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Weldon].
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Speaker, I thank the gentleman from
South Carolina [Mr. Spence], our distinguished chairman, for yielding,
and I thank the distinguished gentleman from California [Mr. Dellums],
ranking member, for his cooperation in this effort to reopen the
conference to attempt to come to some agreement on some very important
items that we, as authorizers, feel have to be addressed in this
session of the Congress.
Mr. Speaker, while all of us are aware that there were areas of
passionate disagreement in the final context of the bill that was on
this floor not many days ago, there is also a lot more area where there
is agreement. All of us on the authorization committee, and I think all
of us in this body, understand the importance of passing an
authorization bill to authorize and set the parameters for those
programs that are going to be funded through the appropriation process.
Mr. Speaker, it would be a terrible tragedy not to implement the
acquisition reform items that are in this bill. It would be a terrible
tragedy not to pass the pay raise, and to deal with the Guard and
Reserve issues that were supported by Members of both sides of the
aisle.
Even in the area of such contentious issues as missile defense there
are areas where we agree, where we can come together and try to find
some middle ground. We in this conference may continue to disagree in
this area, but we will commit ourselves to work together and try to get
a bill out that not only can this body support, but the other body will
support and that this President can sign into law so that we can, in
fact, complete our process as required under the Constitution and the
rules of this Congress whereby the authorizers set the overall
parameters for defense spending.
Mr. Speaker, I applaud the leadership on both sides of the aisle for
this commitment. As I have told our chairman, I am prepared to work
night and day until we reach an agreement for a defense bill that we
all can agree on.
I would ask our colleagues to work with us in this process and to
understand that there are many more areas of agreement than there are
areas of disagreement. Even though we may have to do some compromissing
here, that does not mean that we will not be back for another battle
another day in this area on those issues that we could not get in this
particular authorization bill.
Mr. DELLUMS. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Missouri [Mr. Skelton].
Mr. SKELTON. Mr. Speaker, I thank the gentleman from California, my
good friend, former chairman of this committee.
Mr. Speaker, we have troops in Bosnia. We have troops on the way to
Bosnia. The least we can do is to pass this authorization bill to go to
conference, because there are so many, many items in this bill that are
noncontroversial that will help the troops, that will help their
families, that will
[[Page H303]]
give them better living conditions, that will help retrain them in the
military, and will also give them that very necessary money for
training.
Mr. Speaker, if we do not pass an authorization bill, it will be
something that has not happened for decades, over 2 decades in this
body. We cannot let this body, or the other body, not pass an
authorization bill which means so much to those men and women, whether
they be aboard ship, in airplanes, or on the ground in Bosnia.
Mr. Speaker, I support this motion, and I compliment the gentleman
from South Carolina [Mr. Spence], the gentleman from California [Mr.
Dellums], my friend, and the effort that they have put into this. I
especially appreciate the discussion that my friend from California had
regarding the housing allowance and the pay raise that the troops are
so greatly entitled to.
Mr. Speaker, I urge the adoption of this motion.
Mr. SPENCE. Mr. Speaker, I yield 2 minutes to the gentleman from
California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Speaker, I have served on two committees that I
though were probably the most bipartisan committees in this body. One
of those is one of the committees that we did away with under Chairman
Jones and Chairman Studds, the Committee on the Merchant Marine and
Fisheries, in which the two groups, the two different parties came
together and I think fought for what was important to the American
people.
The second of those committees is the Committee on National Security.
Even though the previous chairman, the gentleman from California [Mr.
Dellums] and I have disagreed on issues, he has always been fair,
except maybe on one small area that we had some conflict on. But I
think the reason for that is that the members of that committee are
there to help the men and women that we support, and I think that is
why we passed this bill out 46 to 3. I do not know of very many
committees that you could get that kind of support on both sides of the
aisle to do.
{time} 1830
Another area, the night we had the resolution on Bosnia, I said,
please, the resolutions basically in my opinion did not mean very much.
What to follow is as far as how we support the troops.
How do we do that? We do it with training so that they have the
skills to use the equipment that we want to give them, which is better
equipment than what they could potentially face. Even more important
than that, if you go off to war, you want to know that your family is
taken care of.
Those are important. It is not only important for the combat but it
is important for the retention of those people in quality.
For those reasons, I ask that my colleagues support the following
resolution, and ask that in the end result the conference will take a
look at only the areas of disagreement because I think they can be
worked out.
Mr. DELLUMS. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from Colorado [Mrs. Schroeder].
Mrs. SCHROEDER. I thank the gentleman from California for yielding me
the time.
Mr. Speaker, I want to thank the chairman of the committee and the
gentleman from California for their colloquy because it said what we
really want every single person in uniform to understand. There is
absolutely no dispute about their getting their 2.4 percent pay raise.
There is no dispute about the retroactivity of that. None. By either
side of this aisle. Nor is there any dispute about their getting their
increased housing allowance which we know they desperately need. What
we want to do is make sure absolutely no one is putting any stress on
any member of our military. They have got enough stress on them as it
is without their being worried about their housing.
Basically I want to thank the chairman and the ranking member for
making it very clear. Those issues are nonpartisan, those issues are
bipartisan, those issues I think are unanimous in this body, and that
we do not want one person in uniform or one person in uniform's
dependent going to bed tonight worried about those. Those are going to
be bankable one way or another. I think that is what we heard in that
colloquy. I am very pleased about that, and I thank both the gentleman
from South Carolina and the gentleman from California for their
patience with me and many others who were trying to work this out.
Mr. SPENCE. Mr. Speaker, I yield 4 minutes to the gentleman from
California [Mr. Hunter], the chairman of the Subcommittee on Military
Procurement.
Mr. HUNTER. I thank the gentleman for yielding me the time.
Mr. Speaker, let me thank the ranking member, the gentleman from
California [Mr. Dellums], for his cooperation in this effort to have
another shot at the authorization bill, and also the gentleman from
Missouri [Mr. Skelton]. Let me just tell my colleagues that when we put
this bill together and when we do anything with respect to armed
services, as the gentleman from California, Mr. Cunningham has said, we
have as many meetings in the Democrat offices--in this case in Ike
Skelton's office--on our procurement subcommittee as we have in my
office in trying to ascertain, after the hearings are over, what our
military needs to protect the country are.
Obviously the White House has some very specific objections--a
laundry list, if you will--of very specific objections to this bill and
we have to work around those objections. The gentleman from California
[Mr. Dellums] has laid them out fairly thoroughly in the debate that we
had in the effort to override the President's veto.
Let me just say in a couple of areas that the gentleman from Colorado
[Mr. Hefley] is right and the gentlewoman from Colorado [Mrs.
Schroeder] is right. We have the pay raise, which is absolutely
important to our people. We have the increased housing allowance. We
have a number of other quality of life issues that we need to get
passed. We owe them to our people in uniform. That is the real vote to
support the troops in Bosnia, is to support their families and support
their standard of living, and Members can do that by helping us get
this bill back the second time around.
With respect to missile defense, the President has some problems with
the missile defense provisions that we placed in the bill the first
time around. We need to work on those provisions, to try to accommodate
the White House.
On the other hand, let me just remind my colleagues that we live in
an age of missiles. Immediately after Desert Storm, this House rose as
a body and established that we should have a defense, a national
defense against ballistic missiles. We were sensitive to it because we
saw the Scuds coming in and hitting our troops in Saudi Arabia and
causing the greatest distress that was caused in that war with respect
to American personnel.
So we rose as a body. The Senate rose as a body and in 1991 we said
we are going to have a missile defense by 1996. It is now 1996 and we
have nothing. A few months after the war was over, we forgot about it
and we went on with business as usual. We need to remind this President
that this is a very, very sensitive and very, very serious area that we
must address.
So as we move into these negotiations, I know it is going to be
important that we have the cooperation--and I know we will have it, and
I know he has pledged to do it and he is a fair individual--of the
ranking member of the full committee, the gentleman from California
[Mr. Dellums], working along with his other members to see to it that
the administration communicates with us in a very clear and concise
way, and that they remember that even the President of the United
States has an interest in missile defense. He has got troops in
theaters all over the world now, and some of those troops are going to
be exposed at least to short-range ballistic missiles and to date,
ladies and gentlemen, we have no effective defense against incoming
ballistic missiles shot at our troops in theater or shot at any of the
United States.
Second, the U.N. command and control is going to be an area of
consternation, I think, in this second attempt that we are going to
have to pass the bill, and I know it is an area the President has
problems with. The gentleman from California [Mr. Dellums] has talked
about that.
[[Page H304]]
But under the leadership of our chairman, the gentleman from South
Carolina [Mr. Spence], I think we laid out some very commonsense
constraints that every family that has a young man or woman in uniform
is interested in getting passed. That is, to see to it that there is a
clear chain of command and accountability from every young person in
uniform to their commander. I would simply say let us work in
conference. We look to the White House to be cooperative with us and I
hope it can get through the second time.
Mr. DELLUMS. Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, let me just first respond to my colleague by saying
these matters will be debated in the context of this now second
opportunity to bring a conference report to the floor. But I would just
like to establish a factual situation.
For several years now, we have spent at least $400 million per year
doing research on a national missile defense system. The last time I
looked, $400 million was not a small amount of money. We have been
spending between $2.6 and $2.8 billion per year on theater missile
defense, a total of approximately $3.2 billion. Now we are talking
about big money.
So to assert in some way that this country is impotent in its
research effort dealing with the issue of missile defense, either at
the theater missile level or at the national missile level, is to fly
in the face of the reality.
Having said that, I would like to make the next observation. As the
gentleman from California pointed out, we now have a second opportunity
to deal with this conference. It seems to me that we are looking at
simple mathematics here.
If you pass a conference report that is acceptable to the President
in a divided government, you need 218 votes. If you attempt to pass a
conference report that is not acceptable to the administration in a
divided government, you need 290 votes. You do not have to be too
bright to realize that if you do not have 290 votes, the better part of
valor is to attempt to pass a bill with 218 votes.
You do not have 290 votes. You demonstrated the other day that you do
not have 290 votes to override the President's veto. Therefore, I hope
that we enter into these negotiations in good faith, to address the
myriad concerns and certainly the principal concerns that were
articulated by the administration in their veto message sustained by my
colleagues in the Congress. If we do that, we only need 218 votes to
send the bill over.
Now the President had great concerns about ballistic missile defense/
ABM treaty. We could debate that for a while, as I understand that we
are a filler for some other bill, so we are doing a little dance for 30
minutes until some other legislation comes. I understand that. We could
debate that matter here but we have debated that ad infinitum.
It seems to me now the decision is the mathematics of passing
legislation. Two hundred ninety votes, that is impossible at this point
in this climate. Two hundred eighteen votes. So I hope we come
together, address these issues of the constitutional concerns of the
President, the ballistic missile/ABM treaty concerns, and bring a bill
back here that does indeed embrace those good things but it takes out
the things that were expensive, unnecessary, potentially dangerous.
Now I am real happy because I wanted to yield to the gentleman the
other day and I did not have too much time. I now yield to the
gentleman from Pennsylvania.
Mr. WELDON of Pennsylvania. I thank my friend and colleague for
yielding.
Mr. Speaker, I would just add we did make an attempt, although it may
have been a last minute attempt, to broker a deal with the White House
and with the Senate Democrats on missile defense, and thought we were
moving in that direction. The meeting we had with Bob Bell where we
attempted to and in fact agreed to 12 specific changes, as I mentioned
to my colleague, we thought was moving us in that direction. Evidently
we did not move far enough.
So I would just hope that, as our friend and colleague the gentleman
from California [Mr. Hunter] mentioned, that the White House would
engage us directly in this process so that we get clear signals in
terms of what is acceptable and not acceptable, because we thought we
were doing that in the negotiation on missile defense that led up to
that bill that finally came to the House floor which the President
threatened to veto.
Mr. DELLUMS. I appreciate that.
Mr. Speaker, I reserve the balance of my time.
Mr. SPENCE. Mr. Speaker, I yield myself 45 seconds to introduce the
next person to whom I want to yield time.
The gentleman from Florida [Mr. Young] is the chairman of the
Subcommittee on National Security of the Committee on Appropriations.
He is one of the strongest Members of this body of defense issues. He
has been down the line, we have worked together in the very beginning
of Congress to bring this bill to Congress and to bring his bill to the
Congress. His bill was enacted into law when the President let it go
into effect without his signature, but in any event Mr. Young knows
what we are talking about.
Mr. Speaker, I yield 2 minutes to the gentleman from Florida [Mr.
Young].
Mr. YOUNG of Florida. Mr. Speaker, I thank the gentleman for the very
unexpected and very flattering comments that he made. He is correct, he
and I started along with the gentleman from California [Mr. Dellums] a
number of years ago working on national defense issues in this
Congress.
Mr. Speaker, I rise to mention briefly a situation that exists and to
compliment the Committee on National Security for something they did
about it. The cost of living adjustments for retired military come at a
different time in the year than the cost of living adjustments for
retired civilian Federal employees. We would like to have equity and
have both COLA's come at the same time.
We thought we did that in the reconciliation bill, the Balanced
Budget Act of 1995, but for some reason it was dropped out. At that
time I introduced along with 320 of our colleagues, introduced H.R.
2664 that would correct this inequity. When the Committee on National
Security went to conference with the conferees from the other body,
they dealt with this issue and they made this issue work. I would just
compliment them for the good job they did in bringing about equity in
the COLA issues and urge them to stand fast as they go back to
conference to keep this issue before the conference and keep it in the
bill that finally goes back to the President, so that we do not have to
gear up H.R. 2664 again.
But with 320 cosponsors, I think we can do that easily, Mr. Speaker.
Again I compliment the members of the Committee on National Security
for the good job they did in conference in trying to represent the
viewpoint of the House for a strong national defense.
{time} 1845
Mr. DELLUMS. Mr. Speaker, I yield 2 minutes to my distinguished
colleague, the gentleman from California [Mr. Farr].
Mr. FARR. Mr. Speaker, I thank the gentleman for yielding me this
time.
I have four points I would like to make. First, I would like to
associate myself with the remarks of the distinguished chairman of the
Armed Services Appropriations Subcommittee, Defense Appropriations
Committee, on the COLA equity issue. I agree it is totally essential
that we bring that COLA equity to the military retirees.
Second, I strongly support the effort in a bipartisan way to bring
this bill to fruition so we can continue to support military education
in this country. With the downsizing of the military, we, indeed, must
support our military schools and open opportunities that these schools
are experiencing, like naval postgraduate school and the seaman-to-
admiral program and the Defense Language Institute, which is doing a
lot to help our troops in Bosnia and in Serbia to understand the
Croatian and Serbian languages and help our troops with the translation
that is going on with the 29 other countries that are now serving along
with the NATO forces in Bosnia.
Third, I would like to point out that this is a bill that really
assists with the base closure issues that was not all in Milcon, the
authorizations for bases to do what they have to do with base
[[Page H305]]
closures, which is the largest base closure list we have ever had in
this country, which is addressed in this legislation.
Let us bring assurance to the veterans who had the gulf war syndrome.
Last night a lot of news was indicating that perhaps there is not a
specific individual syndrome, but in this authorization is the money
available to continue to assist those veterans with that disease. And I
appreciate the bipartisan effort to bring this to fruition in the bill.
Lastly, let us support those troops in Bosnia. They are doing a good
job with the NATO forces there. I think that this is a bill that can
show that we support the troops 100 percent.
Mr. SPENCE. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Clinger], chairman of the Committee on Government
Reform and Oversight.
Mr. CLINGER. Mr. Speaker, I thank the chairman for yielding this time
to me.
I want to commend him and the gentleman from California [Mr. Dellums]
and all of the members of the Committee on National Security for giving
us this opportunity to revisit this very, very important bill, the
Defense authorization matter.
I will point out that there are many items in this measure that have
been approached in a very bipartisan way, on both sides of the aisle,
and, indeed, with the administration.
One of the ones that I would point to as having very strong support
is on the acquisition reforms included in this measure. It is the most
significant of the acquisition-procurement process in this country in a
generation.
Mr. Speaker, it would be a shame if we were to lose this very vital
element, which the administration, the President, strongly supports.
If we have one opportunity in this Congress to make substantial
savings in the way this Government goes about buying goods and
services, it is with the enactment of this bill. It is estimated that
we spend not just in defense but across the board about 20 percent too
much for both goods and services for everything the Federal Government
buys. Enactment of the reforms that are included in this very important
measure will enable us to basically save about 20 percent across the
board.
There is no other measure that I know of that has the promise of
giving us those kinds of savings in this Congress.
So I commend everybody who is associated with this chance to revisit
and develop and come forward with a good Defense authorization bill.
Mr. DELLUMS. Mr. Speaker, I yield 2 minutes to my distinguished
colleague, the gentleman from Florida [Mr. Peterson].
Mr. PETERSON of Florida. Mr. Speaker, I thank the gentleman for
yielding this time to me.
I think this is a good time for us to go back and regroup. As one of
the earlier speakers has said, we agree on many, many more things in
this bill than we disagree on.
We need to take advantage of this opportunity to go back and correct
those disagreements and keep it capsulized into that area of
disagreement and not open this thing all the way back up, and just
focus on those thing and bring it back, bring it back so that all of
us, this entire House, can feel good about voting for this conference
report. That is what our mission is.
We, again, have to focus on national security, and I say this,
national security, not Republican security or Democratic security. It
is time for us to make this a nonpartisan focus to make sure that we
have equipped and have taken care of the quality-of-life factors for
our military people in the U.S. armed services, and we do it as
professionally, as adequately as we can possibly do that and do that on
a bipartisan basis.
Mr. SPENCE. Mr. Speaker, I yield 3 minutes to the gentleman from
California [Mr. Dornan].
Mr. DORNAN. Mr. Speaker, I heard that Mr. Clinton will sign this bill
as is if Bill Dornan will just resign from the House. I am not ready to
go that far. See his agents here?
Let me follow the theme here this evening and mention some positive
things, not just about this legislation where we all agree, as my
friend from Florida said, the last speaker, there is so much good in
this bill, but at least for my own chairmanship on the Subcommittee on
Military Personnel, I have never had better members of the former
majority, the current minority, to work with.
I have taken to calling the gentleman from Virginia [Mr. Pickett] my
vice chairman. I think that if we did that around here the way they do
in some State legislatures, that it would restore a little comity and
dignity to the House. Sitting to his left is the gentleman from
Mississippi [Mr. Montgomery], General Montgomery, who has been one of
the most distinguished people to ever serve in this Chamber, post-World
War II, because was busy during World War II, and to his left is the
gentleman from Missouri [Mr. Skelton]. He is now an esteemed B-2 pilot,
as I am one myself, and going right down the line, even those that
philosophically disagreed with some of the things that we tried to
enact into law and still believe will become law in that military
subcommittee.
When I talk to the gentleman from Pennsylvania, Mr. Weldon, and to
the distinguished gentleman from Colorado, Mr. Hefley, what a delight
to have him at my arm sitting there on the full committee; when I talk
to the gentleman from California, Mr. Hunter, one of my closest friends
in the House, and when I talk to the gentleman from Virginia, Mr.
Bateman, they tell me that their experience as the five marshals under
Sheriff Floyd Spence is exactly the same terrific cooperation and work
between all the members of the Committee on National Security.
Sometimes it gets a little hot in full committee, but there is not a
time when there is a vote call that we are on elevators together that
we are not all considering one another as friends.
Mr. HUNTER. Mr. Speaker, will the gentleman yield?
Mr. DORNAN. I yield to the gentleman from California.
After saying all of those things about the gentleman, I did not know
he was on the floor. I saw somebody from San Diego dab a corner of
their eye with a hanky, they hold you in some high esteem.
Mr. HUNTER. Mr. Speaker, I want to thank the gentleman for the great
work that he did as chairman of personnel. You know, I think all of us
owe a real debt to our chairman, the gentleman from South Carolina [Mr.
Spence], a person totally without guile, a straightforward guy who
really presided over some pretty contentious sessions of the Committee
on National Security and put this bill together and brought it around,
at least for the first run, with his colleague from South Carolina, the
chairman of the committee in the other body. He really pulled us all
together, and I think did a great job as the first Republican chairman
of the Committee on National Security since Dewey Short of Missouri in,
what, 1953.
Mr. DORNAN. Well, every time one of us compliments our chairman, I
notice that our distinguished colleague from California gets a wistful
look to ask how he did during his 2 years. If I get additional time,
would you like to say something about the gentleman from California
[Mr. Dellums]?
Mr. DELLUMS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I appreciate the comity of the last several moments. I
appreciate the cooperative language. I appreciate the cooperative
efforts that have come forward in the last 25 minutes.
The reality is that we are here because this effort unfortunately has
been less than bipartisan. I hope that on this second effort that we
will truly be bipartisan because when you, Mr. Speaker, assert your
prerogatives as Speaker to appoint conferees, you will appoint both
Republicans and Democrats, not just Republicans, not just Democrats,
but both parties, and my hope is that the reality of the appointment of
members of both parties is not lost on anyone in these Chambers.
It would seem to me if we do go forward in this second effort in a
true spirit of bipartisanship, where the handful of Members charged
with this awesome responsibility are bringing back a conference report
that is acceptable to this body and acceptable to the administration,
that we would do it together in a room where Members will
[[Page H306]]
face each other and will address these lofty and significant and
important questions.
I would suggest that the extent to which this is a bipartisan effort
that this gentleman and others who will be appointed as conferees are
legitimately part of the dynamics of the give-and-take of the trying to
address the myriad difficulties that gave rise to the veto in the first
place, that we will, indeed, come back with an effort that is worthy of
bipartisan support.
But I simply underscore that, not to take away nor to detract from
the comity and the civility that has taken place in the last 30
minutes. There has been too little of that in these Chambers. There has
been too little of serious and significant grappling with the critical
issues of our time that, Mr. Speaker, I am sure you and I would agree
from time to time dwarf us as individuals. The issues of life and death
that we confront are awesome, and when we have to put on top of that
the stress and the pain of personal difficulties, anger, hostility and
discourse that has sometimes characterized the business of this
Chamber, it only makes the job worse.
I would simply suggest that the awesome nature of the
responsibilities we have are stressful enough, so I hope that the kind
of comity that we struck here in terms of our ability to respect each
other carries over into 1996. This Chamber needs it. This country needs
it. The world needs it.
I do not think the major and massive issues of our time can be
confronted with the kind of sharp rhetoric and hostility that has
characterized the efforts of these Chambers. So I hope that this will
be characteristic. And I am trying to use up all of my 5 minutes in
order to give everyone an opportunity.
I think I have done about as able a job as I can, and I would like to
thank my distinguished colleague for his cooperation.
Mr. Speaker, I yield back the balance of my time.
Mr. SPENCE. Mr. Speaker, I yield myself the balance of my time.
I would like to just point out, reiterate what the gentleman from
California just said.
Remarks being made tonight on this floor by Members on both sides of
the aisle point out the fact that this body can act in a bipartisan
way. In recent days we have not had too much of this kind of talk. I
think it resonates well with the ears of people and in the eyes of
people who are looking in and listening tonight.
I would like to reiterate what I said before: We have worked in a
bipartisan way on this committee. The bill was reported out by a vote
of 38 to 3, and we have been bipartisan in our efforts since that time,
and I thank all for their cooperation on the other side of the aisle.
The SPEAKER pro tempore (Mr. Bunning of Kentucky). The question is on
the motion offered by the gentleman from South Carolina [Mr. Spence].
The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed.
The title of the Senate bill was amended so as to read:
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.
A motion to reconsider was laid upon the table.
____________________