Shown Here:
Public Law No: 104-106 (02/10/1996)
[104th Congress Public Law 106]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ106.104]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
[[Page 110 STAT. 186]]
Public Law 104-106
104th Congress
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, to reform acquisition laws
and information technology management of the Federal Government, and for
other purposes. <<NOTE: Feb. 10, 1996 - [S. 1124]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 1996.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1996''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Federal Acquisition Reform.
(5) Division E--Information Technology Management Reform.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. Extension of time for submission of reports.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
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 programs.
Subtitle B--Army Programs
Sec. 111. Procurement of OH-58D Armed Kiowa Warrior helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Sec. 113. Multiyear procurement of helicopters.
[[Page 110 STAT. 187]]
Sec. 114. Report on AH-64D engine upgrades.
Sec. 115. Requirement for use of previously authorized multiyear
procurement authority for Army small arms
procurement.
Subtitle C--Navy Programs
Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T-39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.
Subtitle D--Air Force Programs
Sec. 141. B-2 aircraft program.
Sec. 142. Procurement of B-2 bombers.
Sec. 143. MC-130H aircraft program.
Subtitle E--Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with
development of chemical demilitarization
cryofracture facility at Tooele Army Depot, Utah.
Sec. 152. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 153. Administration of chemical demilitarization 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.
Sec. 203. Modifications to Strategic Environmental Research and
Development Program.
Sec. 204. Defense dual use technology initiative.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Tactical manned reconnaissance.
Sec. 213. Joint Advanced Strike Technology (JAST) program.
Sec. 214. Development of laser program.
Sec. 215. Navy mine countermeasures program.
Sec. 216. Space-based infrared system.
Sec. 217. Defense Nuclear Agency programs.
Sec. 218. Counterproliferation support program.
Sec. 219. Nonlethal weapons study.
Sec. 220. Federally funded research and development centers and
university-affiliated research centers.
Sec. 221. Joint seismic program and global seismic network.
Sec. 222. Hydra-70 rocket product improvement program.
Sec. 223. Limitation on obligation of funds until receipt of electronic
combat consolidation master plan.
Sec. 224. Report on reductions in research, development, test, and
evaluation.
Sec. 225. Advanced Field Artillery System (Crusader).
Sec. 226. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 227. Defense Airborne Reconnaissance program.
Subtitle C--Ballistic Missile Defense Act of 1995
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Ballistic Missile Defense policy.
Sec. 234. Theater Missile Defense architecture.
Sec. 235. Prohibition on use of funds to implement an international
agreement concerning Theater Missile Defense
systems.
Sec. 236. Ballistic Missile Defense cooperation with allies.
Sec. 237. ABM Treaty defined.
Sec. 238. Repeal of Missile Defense Act of 1991.
Subtitle D--Other Ballistic Missile Defense Provisions
Sec. 251. Ballistic Missile Defense program elements.
Sec. 252. Testing of Theater Missile Defense interceptors.
[[Page 110 STAT. 188]]
Sec. 253. Repeal of missile defense provisions.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of C<SUP>4</SUP>I by National Research Council.
Sec. 263. Analysis of consolidation of basic research accounts of
military departments.
Sec. 264. Change in reporting period from calendar year to fiscal year
for annual report on certain contracts to colleges
and universities.
Sec. 265. Aeronautical research and test capabilities assessment.
Subtitle F--Other Matters
Sec. 271. Advanced lithography program.
Sec. 272. Enhanced fiber optic guided missile (EFOG-M) system.
Sec. 273. States eligible for assistance under Defense Experimental
Program To Stimulate Competitive Research.
Sec. 274. Cruise missile defense initiative.
Sec. 275. Modification to university research initiative support
program.
Sec. 276. Manufacturing technology program.
Sec. 277. Five-year plan for consolidation of defense laboratories and
test and evaluation centers.
Sec. 278. Limitation on T-38 avionics upgrade program.
Sec. 279. Global Positioning System.
Sec. 280. Revision of authority for providing Army support for the
National Science Center for Communications and
Electronics.
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. Civil Air Patrol.
Subtitle B--Depot-Level Activities
Sec. 311. Policy regarding performance of depot-level maintenance and
repair for the Department of Defense.
Sec. 312. Management of depot employees.
Sec. 313. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and
services.
Sec. 314. Modification of notification requirement regarding use of core
logistics functions waiver.
Subtitle C--Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under
environmental restoration program.
Sec. 322. Addition of amounts creditable to Defense Environmental
Restoration Account.
Sec. 323. Use of Defense Environmental Restoration Account.
Sec. 324. Revision of authorities relating to restoration advisory
boards.
Sec. 325. Discharges from vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Operation of commissary system.
Sec. 332. Limited release of commissary stores sales information to
manufacturers, distributors, and other vendors doing
business with Defense Commissary Agency.
Sec. 333. Economical distribution of distilled spirits by
nonappropriated fund instrumentalities.
Sec. 334. Transportation by commissaries and exchanges to overseas
locations.
Sec. 335. Demonstration project for uniform funding of morale, welfare,
and recreation activities at certain military
installations.
Sec. 336. Operation of combined exchange and commissary stores.
Sec. 337. Deferred payment programs of military exchanges.
Sec. 338. Availability of funds to offset expenses incurred by Army and
Air Force Exchange Service on account of troop
reductions in Europe.
Sec. 339. Study regarding improving efficiencies in operation of
military exchanges and other morale, welfare, and
recreation activities and commissary stores.
[[Page 110 STAT. 189]]
Sec. 340. Repeal of requirement to convert ships' stores to
nonappropriated fund instrumentalities.
Sec. 341. Disposition of excess morale, welfare, and recreation funds.
Sec. 342. Clarification of entitlement to use of morale, welfare, and
recreation facilities by members of reserve
components and dependents.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Competitive procurement of printing and duplication services.
Sec. 352. Direct vendor delivery system for consumable inventory items
of Department of Defense.
Sec. 353. Payroll, finance, and accounting functions of the Department
of Defense.
Sec. 354. Demonstration program to identify overpayments made to
vendors.
Sec. 355. Pilot program on private operation of defense dependents'
schools.
Sec. 356. Program for improved travel process for the Department of
Defense.
Sec. 357. Increased reliance on private-sector sources for commercial
products and services.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
Sec. 361. Quarterly readiness reports.
Sec. 362. Restatement of requirement for semiannual reports to Congress
on transfers from high-priority readiness
appropriations.
Sec. 363. Report regarding reduction of costs associated with contract
management oversight.
Sec. 364. Reviews of management of inventory control points and Material
Management Standard System.
Sec. 365. Report on private performance of certain functions performed
by military aircraft.
Sec. 366. Strategy and report on automated information systems of
Department of Defense.
Subtitle G--Other Matters
Sec. 371. Codification of Defense Business Operations Fund.
Sec. 372. Clarification of services and property that may be exchanged
to benefit the historical collection of the Armed
Forces.
Sec. 373. Financial management training.
Sec. 374. Permanent authority for use of proceeds from the sale of
certain lost, abandoned, or unclaimed property.
Sec. 375. Sale of military clothing and subsistence and other supplies
of the Navy and Marine Corps.
Sec. 376. Personnel services and logistical support for certain
activities held on military installations.
Sec. 377. Retention of monetary awards.
Sec. 378. Provision of equipment and facilities to assist in emergency
response actions.
Sec. 379. Report on Department of Defense military and civil defense
preparedness to respond to emergencies resulting
from a chemical, biological, radiological, or
nuclear attack.
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. Counting of certain active component personnel assigned in
support of reserve component training.
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the Reserves.
Sec. 415. Reserves on active duty in support of cooperative threat
reduction programs not to be counted.
Sec. 416. 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
[[Page 110 STAT. 190]]
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Retired grade for officers in grades above major general and
rear admiral.
Sec. 503. Wearing of insignia for higher grade before promotion.
Sec. 504. Authority to extend transition period for officers selected
for early retirement.
Sec. 505. Army officer manning levels.
Sec. 506. Authority for medical department officers other than
physicians to be appointed as Surgeon General.
Sec. 507. Deputy Judge Advocate General of the Air Force.
Sec. 508. Authority for temporary promotions for certain Navy
lieutenants with critical skills.
Sec. 509. Retirement for years of service of Directors of Admissions of
Military and Air Force academies.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Extension of certain Reserve officer management authorities.
Sec. 512. Mobilization income insurance program for members of Ready
Reserve.
Sec. 513. Military technician full-time support program for Army and Air
Force reserve components.
Sec. 514. Revisions to Army Guard Combat Reform Initiative to include
Army Reserve under certain provisions and make
certain revisions.
Sec. 515. Active duty associate unit responsibility.
Sec. 516. Leave for members of reserve components performing public
safety duty.
Sec. 517. Department of Defense funding for National Guard participation
in joint disaster and emergency assistance
exercises.
Subtitle C--Decorations and Awards
Sec. 521. Award of Purple Heart to persons wounded while held as
prisoners of war before April 25, 1962.
Sec. 522. Authority to award decorations recognizing acts of valor
performed in combat during the Vietnam conflict.
Sec. 523. Military intelligence personnel prevented by secrecy from
being considered for decorations and awards.
Sec. 524. Review regarding upgrading of Distinguished-Service Crosses
and Navy Crosses awarded to Asian-Americans and
Native American Pacific Islanders for World War II
service.
Sec. 525. Eligibility for Armed Forces Expeditionary Medal based upon
service in El Salvador.
Sec. 526. Procedure for consideration of military decorations not
previously submitted in timely fashion.
Subtitle D--Officer Education Programs
Part I--Service Academies
Sec. 531. Revision of service obligation for graduates of the service
academies.
Sec. 532. Nominations to service academies from Commonwealth of the
Northern Marianas Islands.
Sec. 533. Repeal of requirement for athletic director and
nonappropriated fund account for the athletics
programs at the service academies.
Sec. 534. Repeal of requirement for program to test privatization of
service academy preparatory schools.
Part II--Reserve Officer Training Corps
Sec. 541. ROTC access to campuses.
Sec. 542. ROTC scholarships for the National Guard.
Sec. 543. Delay in reorganization of Army ROTC regional headquarters
structure.
Sec. 544. Duration of field training or practice cruise required under
the Senior Reserve Officers' Training Corps program.
Sec. 545. Active duty officers detailed to ROTC duty at senior military
colleges to serve as Commandant and Assistant
Commandant of Cadets and as tactical officers.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 551. Report concerning appropriate forum for judicial review of
Department of Defense personnel actions.
[[Page 110 STAT. 191]]
Sec. 552. Comptroller General review of proposed Army end strength
allocations.
Sec. 553. Report on manning status of highly deployable support units.
Sec. 554. Review of system for correction of military records.
Sec. 555. Report on the consistency of reporting of fingerprint cards
and final disposition forms to the Federal Bureau of
Investigation.
Subtitle F--Other Matters
Sec. 561. Equalization of accrual of service credit for officers and
enlisted members.
Sec. 562. Army Ranger training.
Sec. 563. Separation in cases involving extended confinement.
Sec. 564. Limitations on reductions in medical personnel.
Sec. 565. Sense of Congress concerning personnel tempo rates.
Sec. 566. Separation benefits during force reduction for officers of
commissioned corps of National Oceanic and
Atmospheric Administration.
Sec. 567. Discharge of members of the Armed Forces who have the HIV-1
virus.
Sec. 568. Revision and codification of Military Family Act and Military
Child Care Act.
Sec. 569. Determination of whereabouts and status of missing persons.
Sec. 570. Associate Director of Central Intelligence for Military
Support.
Subtitle G--Support for Non-Department of Defense Activities
Sec. 571. Repeal of certain civil-military programs.
Sec. 572. Training activities resulting in incidental support and
services for eligible organizations and activities
outside the Department of Defense.
Sec. 573. National Guard civilian youth opportunities pilot program.
Sec. 574. Termination of funding for Office of Civil-Military Programs
in Office of the Secretary of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members
residing without dependents in Government quarters.
Sec. 603. Election of basic allowance for quarters instead of assignment
to inadequate quarters.
Sec. 604. Payment of basic allowance for quarters to members in pay
grade E-6 who are assigned to sea duty.
Sec. 605. Limitation on reduction of variable housing allowance for
certain members.
Sec. 606. 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. Codification and extension of special pay for critically short
wartime health specialists in the Selected Reserves.
Sec. 615. Hazardous duty incentive pay for warrant officers and enlisted
members serving as air weapons controllers.
Sec. 616. Aviation career incentive pay.
Sec. 617. Clarification of authority to provide special pay for nurses.
Sec. 618. Continuous entitlement to career sea pay for crew members of
ships designated as tenders.
Sec. 619. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Repeal of requirement regarding calculation of allowances on
basis of mileage tables.
Sec. 622. Departure allowances.
Sec. 623. Transportation of nondependent child from member's station
overseas after loss of dependent status while
overseas.
Sec. 624. Authorization of dislocation allowance for moves in connection
with base realignments and closures.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustments
for fiscal years 1996, 1997, and 1998.
[[Page 110 STAT. 192]]
Sec. 632. Denial of non-regular service retired pay for Reserves
receiving certain court-martial sentences.
Sec. 633. Report on payment of annuities for certain military surviving
spouses.
Sec. 634. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerilla fighters in
the Philippines.
Sec. 635. Authority for relief from previous overpayments under minimum
income widows program.
Sec. 636. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
Subtitle E--Other Matters
Sec. 641. Payment to survivors of deceased members for all leave
accrued.
Sec. 642. Repeal of reporting requirements regarding compensation
matters.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Report on extending to junior noncommissioned officers
privileges provided for senior noncommissioned
officers.
Sec. 645. Study regarding joint process for determining location of
recruiting stations.
Sec. 646. Automatic maximum coverage under Servicemen's Group Life
Insurance.
Sec. 647. Termination of Servicemen's Group Life Insurance for members
of the Ready Reserve who fail to pay premiums.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Modification of requirements regarding routine physical
examinations and immunizations under CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death
and disability benefits for certain Reserves.
Sec. 703. Medical care for surviving dependents of retired Reserves who
die before age 60.
Sec. 704. Medical and dental care for members of the Selected Reserve
assigned to early deploying units of the Army
Selected Reserve.
Sec. 705. Dental insurance for members of the Selected Reserve.
Sec. 706. Permanent authority to carry out specialized treatment
facility program.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. Priority use of military treatment facilities for persons
enrolled in managed care initiatives.
Sec. 713. Staggered payment of enrollment fees for TRICARE program.
Sec. 714. Requirement of budget neutrality for TRICARE program to be
based on entire program.
Sec. 715. Training in health care management and administration for
TRICARE lead agents.
Sec. 716. Pilot program of individualized residential mental health
services.
Sec. 717. Evaluation and report on TRICARE program effectiveness.
Sec. 718. Sense of Congress regarding access to health care under
TRICARE program for covered beneficiaries who are
medicare eligible.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as
Uniformed Services Treatment Facilities.
Sec. 722. Limitation on expenditures to support Uniformed Services
Treatment Facilities.
Sec. 723. Application of CHAMPUS payment rules in certain cases.
Sec. 724. Application of Federal Acquisition Regulation to participation
agreements with Uniformed Services Treatment
Facilities.
Sec. 725. Development of plan for integrating Uniformed Services
Treatment Facilities in managed care programs of
Department of Defense.
Sec. 726. Equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities.
Sec. 727. Elimination of unnecessary annual reporting requirement
regarding Uniformed Services Treatment Facilities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care providers
under CHAMPUS.
Sec. 732. Notification of certain CHAMPUS covered beneficiaries of loss
of CHAMPUS eligibility.
[[Page 110 STAT. 193]]
Sec. 733. Personal services contracts for medical treatment facilities
of the Coast Guard.
Sec. 734. Identification of third-party payer situations.
Sec. 735. Redesignation of Military Health Care Account as Defense
Health Program Account and two-year availability of
certain account funds.
Sec. 736. Expansion of financial assistance program for health-care
professionals in reserve components to include
dental specialties.
Sec. 737. Applicability of limitation on prices of pharmaceuticals
procured for Coast Guard.
Sec. 738. Restriction on use of Department of Defense facilities for
abortions.
Subtitle E--Other Matters
Sec. 741. Triservice nursing research.
Sec. 742. Termination of program to train military psychologists to
prescribe psychotropic medications.
Sec. 743. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in
civilian shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine
appropriate force levels of wartime medical
personnel.
Sec. 746. Report on improved access to military health care for covered
beneficiaries entitled to medicare.
Sec. 747. Report on effect of closure of Fitzsimons Army Medical Center,
Colorado, on provision of care to military
personnel, retired military personnel, and their
dependents.
Sec. 748. Sense of Congress on continuity of health care services for
covered beneficiaries adversely affected by closures
of military medical treatment facilities.
Sec. 749. State recognition of military advance medical directives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
Sec. 801. Inapplicability of limitation on expenditure of appropriations
to contracts at or below simplified acquisition
threshold.
Sec. 802. Authority to delegate contracting authority.
Sec. 803. Control in procurements of critical aircraft and ship spare
parts.
Sec. 804. Fees for certain testing services.
Sec. 805. Coordination and communication of defense research activities.
Sec. 806. Addition of certain items to domestic source limitation.
Sec. 807. Encouragement of use of leasing authority.
Sec. 808. Cost reimbursement rules for indirect costs attributable to
private sector work of defense contractors.
Sec. 809. Subcontracts for ocean transportation services.
Sec. 810. Prompt resolution of audit recommendations.
Sec. 811. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 812. Procurement of items for experimental or test purposes.
Sec. 813. Use of funds for acquisition of designs, processes, technical
data, and computer software.
Sec. 814. Independent cost estimates for major defense acquisition
programs.
Sec. 815. Construction, repair, alteration, furnishing, and equipping of
naval vessels.
Subtitle B--Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Defense facility-wide pilot program.
Sec. 823. Treatment of Department of Defense cable television franchise
agreements.
Sec. 824. Extension of pilot mentor-protege program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 903. Deferred repeal of various statutory positions and offices in
Office of the Secretary of Defense.
Sec. 904. Redesignation of the position of Assistant to the Secretary of
Defense for Atomic Energy.
[[Page 110 STAT. 194]]
Sec. 905. Joint Requirements Oversight Council.
Sec. 906. Restructuring of Department of Defense acquisition
organization and workforce.
Sec. 907. Report on Nuclear Posture Review and on plans for nuclear
weapons management in event of abolition of
Department of Energy.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Subtitle B--Financial Management
Sec. 911. Transfer authority regarding funds available for foreign
currency fluctuations.
Sec. 912. Defense Modernization Account.
Sec. 913. Designation and liability of disbursing and certifying
officials.
Sec. 914. Fisher House trust funds.
Sec. 915. Limitation on use of authority to pay for emergency and
extraordinary expenses.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Improved funding mechanisms for unbudgeted operations.
Sec. 1004. Operation Provide Comfort.
Sec. 1005. Operation Enhanced Southern Watch.
Sec. 1006. Authority for obligation of certain unauthorized fiscal year
1995 defense appropriations.
Sec. 1007. Authorization of prior emergency supplemental appropriations
for fiscal year 1995.
Sec. 1008. Authorization reductions to reflect savings from revised
economic assumptions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Contract options for LMSR vessels.
Sec. 1014. National Defense Reserve Fleet.
Sec. 1015. Naval salvage facilities.
Sec. 1016. Vessels subject to repair under phased maintenance contracts.
Sec. 1017. Clarification of requirements relating to repairs of vessels.
Sec. 1018. Sense of Congress concerning naming of amphibious ships.
Sec. 1019. Sense of Congress concerning naming of naval vessel.
Sec. 1020. Transfer of riverine patrol craft.
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.
Subtitle D--Civilian Personnel
Sec. 1031. Management of Department of Defense civilian personnel.
Sec. 1032. Conversion of military positions to civilian positions.
Sec. 1033. Elimination of 120-day limitation on details of certain
employees.
Sec. 1034. Authority for civilian employees of Department of Defense to
participate voluntarily in reductions in force.
Sec. 1035. Authority to pay severance payments in lump sums.
Sec. 1036. Continued health insurance coverage.
Sec. 1037. Revision of authority for appointments of involuntarily
separated military reserve technicians.
Sec. 1038. Wearing of uniform by National Guard technicians.
Sec. 1039. Military leave for military reserve technicians for certain
duty overseas.
Sec. 1040. Personnel actions involving employees of nonappropriated fund
instrumentalities.
Sec. 1041. Coverage of nonappropriated fund employees under authority
for flexible and compressed work schedules.
Sec. 1042. Limitation on provision of overseas living quarters
allowances for nonappropriated fund
instrumentality employees.
Sec. 1043. Elections relating to retirement coverage.
Sec. 1044. Extension of temporary authority to pay civilian employees
with respect to the evacuation from Guantanamo,
Cuba.
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1051. Report on fiscal year 1997 budget submission regarding Guard
and Reserve components.
[[Page 110 STAT. 195]]
Sec. 1052. Report on desirability and feasibility of providing authority
for use of funds derived from recovered losses
resulting from contractor fraud.
Sec. 1053. Report of national policy on protecting the national
information infrastructure against strategic
attacks.
Sec. 1054. Report on Department of Defense boards and commissions.
Sec. 1055. Date for submission of annual report on special access
programs.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
Sec. 1061. Repeal of miscellaneous provisions of law.
Sec. 1062. Reports required by title 10, United States Code.
Sec. 1063. Reports required by defense authorization and appropriations
Acts.
Sec. 1064. Reports required by other provisions of law.
Subtitle G--Department of Defense Education Programs
Sec. 1071. Continuation of Uniformed Services University of the Health
Sciences.
Sec. 1072. Additional graduate schools and programs at Uniformed
Services University of the Health Sciences.
Sec. 1073. Funding for adult education programs for military personnel
and dependents outside the United States.
Sec. 1074. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 1075. Sharing of personnel of Department of Defense domestic
dependent schools and defense dependents'
education system.
Sec. 1076. Increase in reserve component Montgomery GI Bill educational
assistance allowance with respect to skills or
specialties for which there is a critical shortage
of personnel.
Sec. 1077. Date for annual report on reserve component Montgomery GI
Bill educational assistance program.
Sec. 1078. Scope of education programs of Community College of the Air
Force.
Sec. 1079. Amendments to education loan repayment programs.
Subtitle H--Other Matters
Sec. 1081. National defense technology and industrial base, defense
reinvestment, and defense conversion programs.
Sec. 1082. Ammunition industrial base.
Sec. 1083. Policy concerning excess defense industrial capacity.
Sec. 1084. Sense of Congress concerning access to secondary school
student information for recruiting purposes.
Sec. 1085. Disclosure of information concerning unaccounted for United
States personnel from the Korean Conflict, the
Vietnam era, and the Cold War.
Sec. 1086. Operational support airlift aircraft fleet.
Sec. 1087. Civil Reserve Air Fleet.
Sec. 1088. Damage or loss to personal property due to emergency
evacuation or extraordinary circumstances.
Sec. 1089. Authority to suspend or terminate collection actions against
deceased members.
Sec. 1090. Check cashing and exchange transactions for dependents of
United States Government personnel.
Sec. 1091. Designation of National Maritime Center.
Sec. 1092. Sense of Congress regarding historic preservation of Midway
Islands.
Sec. 1093. Sense of Senate regarding Federal spending.
Sec. 1094. Extension of authority for vessel war risk insurance.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
Sec. 1101. Short title.
Sec. 1102. References to Uniform Code of Military Justice.
Subtitle A--Offenses
Sec. 1111. Refusal to testify before court-martial.
Sec. 1112. Flight from apprehension.
Sec. 1113. Carnal knowledge.
Subtitle B--Sentences
Sec. 1121. Effective date for forfeitures of pay and allowances and
reductions in grade by sentence of court-martial.
Sec. 1122. Required forfeiture of pay and allowances during confinement.
Sec. 1123. Deferment of confinement.
Subtitle C--Pretrial and Post-Trial Actions
[[Page 110 STAT. 196]]
Sec. 1131. Article 32 investigations.
Sec. 1132. Submission of matters to the convening authority for
consideration.
Sec. 1133. Commitment of accused to treatment facility by reason of lack
of mental capacity or mental responsibility.
Subtitle D--Appellate Matters
Sec. 1141. Appeals by the United States.
Sec. 1142. Repeal of termination of authority for Chief Justice of the
United States to designate Article III judges for
temporary service on Court of Appeals for the
Armed Forces.
Subtitle E--Other Matters
Sec. 1151. Advisory committee on criminal law jurisdiction over
civilians accompanying the Armed Forces in time of
armed conflict.
Sec. 1152. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 1153. Technical amendment.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs.
Sec. 1202. Fiscal year 1996 funding allocations.
Sec. 1203. Prohibition on use of funds for peacekeeping exercises and
related activities with Russia.
Sec. 1204. Revision to authority for assistance for weapons destruction.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Report on accounting for United States assistance.
Sec. 1207. Limitation on assistance to nuclear weapons scientists of
former Soviet Union.
Sec. 1208. Limitations relating to offensive biological warfare program
of Russia.
Sec. 1209. Limitation on use of funds for chemical weapons destruction
facility.
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
Sec. 1301. Limitation on use of Department of Defense funds for United
States share of costs of United Nations
peacekeeping activities.
Subtitle B--Humanitarian Assistance Programs
Sec. 1311. Overseas humanitarian, disaster, and civic aid programs.
Sec. 1312. Humanitarian assistance.
Sec. 1313. Landmine clearance program.
Subtitle C--Arms Exports and Military Assistance
Sec. 1321. Defense export loan guarantees.
Sec. 1322. National security implications of United States export
control policy.
Sec. 1323. Department of Defense review of export licenses for certain
biological pathogens.
Sec. 1324. Annual reports on improving export control mechanisms and on
military assistance.
Sec. 1325. Report on personnel requirements for control of transfer of
certain weapons.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Sec. 1331. Accounting for burdensharing contributions.
Sec. 1332. Authority to accept contributions for expenses of relocation
within host nation of United States Armed Forces
overseas.
Sec. 1333. Revised goal for allied share of costs for United States
installations in Europe.
Sec. 1334. Exclusion of certain forces from European end strength
limitation.
Sec. 1335. Cooperative research and development agreements with NATO
organizations.
Sec. 1336. Support services for the Navy at the port of Haifa, Israel.
Subtitle E--Other Matters
Sec. 1341. Prohibition on financial assistance to terrorist countries.
Sec. 1342. Judicial assistance to the International Tribunal for
Yugoslavia and to the International Tribunal for
Rwanda.
[[Page 110 STAT. 197]]
Sec. 1343. Semiannual reports concerning United States-People's Republic
of China Joint Defense Conversion Commission.
TITLE XIV--ARMS CONTROL MATTERS
Sec. 1401. Revision of definition of landmine for purposes of landmine
export moratorium.
Sec. 1402. Reports on moratorium on use by Armed Forces of antipersonnel
landmines.
Sec. 1403. Extension and amendment of counter-proliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1405. Congressional findings and sense of Congress concerning
treaty violations.
Sec. 1406. Sense of Congress on ratification of Chemical Weapons
Convention and START II Treaty.
Sec. 1407. Implementation of arms control agreements.
Sec. 1408. Iran and Iraq arms nonproliferation.
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1501. Amendments related to Reserve Officer Personnel Management
Act.
Sec. 1502. Amendments to reflect name change of Committee on Armed
Services of the House of Representatives.
Sec. 1503. Miscellaneous amendments to title 10, United States Code.
Sec. 1504. Miscellaneous amendments to annual defense authorization
Acts.
Sec. 1505. Miscellaneous amendments to other laws.
Sec. 1506. Coordination with other amendments.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
Sec. 1601. Short title.
Subtitle A--Establishment and Operation of Corporation
Sec. 1611. Establishment of the Corporation.
Sec. 1612. Conduct of Civilian Marksmanship Program.
Sec. 1613. Eligibility for participation in Civilian Marksmanship
Program.
Sec. 1614. Issuance, loan, and sale of firearms and ammunition by the
Corporation.
Sec. 1615. Transfer of firearms and ammunition from the Army to the
Corporation.
Sec. 1616. Reservation by the Army of firearms and ammunition for the
Corporation.
Sec. 1617. Army logistical support for the program.
Sec. 1618. General authorities of the Corporation.
Sec. 1619. Distribution of Corporate assets in event of dissolution.
Subtitle B--Transitional Provisions
Sec. 1621. Transfer of funds and property to the Corporation.
Sec. 1622. Continuation of eligibility for certain civil service
benefits for former Federal employees of Civilian
Marksmanship Program.
Sec. 1623. Certification of completion of transition.
Sec. 1624. Repeal of authority for conduct of Civilian Marksmanship
Program by the Army.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations
to clarify availability of funds for large
anechoic chamber facility, Patuxent River Naval
Warfare Center, Maryland.
[[Page 110 STAT. 198]]
Sec. 2206. Authority to carry out land acquisition project, Hampton
Roads, Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
Sec. 2208. Acquisition or construction of military family housing in
vicinity of San Diego, California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for
construction of family housing, Scott Air Force
Base, Illinois.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Limitations on use of Department of Defense Base Closure
Account 1990.
Sec. 2407. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2408. Reduction in amounts authorized to be appropriated for fiscal
year 1994 contingency construction projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal
year 1994 Air National Guard Projects.
Sec. 2603. Correction in authorized uses of funds for Army National
Guard projects in Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992
projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
Sec. 2801. Alternative authority for construction and improvement of
military housing.
Sec. 2802. Expansion of authority for limited partnerships for
development of military family housing.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
Sec. 2811. Special threshold for unspecified minor construction projects
to correct life, health, or safety deficiencies.
Sec. 2812. Clarification of scope of unspecified minor construction
authority.
Sec. 2813. Temporary authority to waive net floor area limitation for
family housing acquired in lieu of construction.
Sec. 2814. Reestablishment of authority to waive net floor area
limitation on acquisition by purchase of certain
military family housing.
Sec. 2815. Temporary authority to waive limitations on space by pay
grade for military family housing units.
Sec. 2816. Rental of family housing in foreign countries.
Sec. 2817. Clarification of scope of report requirement on cost
increases under contracts for military family
housing construction.
Sec. 2818. Authority to convey damaged or deteriorated military family
housing.
Sec. 2819. Energy and water conservation savings for the Department of
Defense.
Sec. 2820. Extension of authority to enter into leases of land for
special operations activities.
[[Page 110 STAT. 199]]
Sec. 2821. Disposition of amounts recovered as a result of damage to
real property.
Sec. 2822. Pilot program to provide interest rate buy down authority on
loans for housing within housing shortage areas at
military installations.
Subtitle C--Defense Base Closure and Realignment
Sec. 2831. Deposit of proceeds from leases of property located at
installations being closed or realigned.
Sec. 2832. In-kind consideration for leases at installations to be
closed or realigned.
Sec. 2833. Interim leases of property approved for closure or
realignment.
Sec. 2834. Authority to lease property requiring environmental
remediation at
installations approved for closure or realignment.
Sec. 2835. Final funding for Defense Base Closure and Realignment
Commission.
Sec. 2836. Exercise of authority delegated by the Administrator of
General Services.
Sec. 2837. Lease back of property disposed from installations approved
for closure or realignment.
Sec. 2838. Improvement of base closure and realignment process regarding
disposal of property.
Sec. 2839. Agreements for certain services at installations being
closed.
Sec. 2840. Authority to transfer property at military installations to
be closed to persons who construct or provide
military family housing.
Sec. 2841. Use of single base closure authorities for disposal of
property and facilities at Fort Holabird,
Maryland.
Subtitle D--Land Conveyances Generally
Part I--Army Conveyances
Sec. 2851. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2852. Transfer of jurisdiction, Fort Bliss, Texas.
Sec. 2853. Transfer of jurisdiction and land conveyance, Fort Devens
Military Reservation, Massachusetts.
Sec. 2854. Modification of land conveyance, Fort Belvoir, Virginia.
Sec. 2855. Land exchange, Fort Lewis, Washington.
Sec. 2856. Land exchange, Army Reserve Center, Gainesville, Georgia.
Sec. 2857. Land conveyance, Holston Army Ammunition Plant, Mount Carmel,
Tennessee.
Sec. 2858. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2859. Land conveyance, Fort Ord, California.
Sec. 2860. Land conveyance, Parks Reserve Forces Training Area, Dublin,
California.
Sec. 2861. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2862. Land conveyance, Army Reserve Property, Fort Sheridan,
Illinois.
Sec. 2863. Land conveyance, property underlying Cummins Apartment
Complex, Fort Holabird, Maryland.
Sec. 2864. Modification of existing land conveyance, Army property,
Hamilton Air Force Base, California.
Part II--Navy Conveyances
Sec. 2865. Transfer of jurisdiction, Naval Weapons Industrial Reserve
Plant, Calverton, New York.
Sec. 2866. Modification of land conveyance, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2867. Land conveyance alternative to existing lease authority,
Naval Supply Center, Oakland, California.
Sec. 2868. Land conveyance, Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
Sec. 2869. Land conveyance, Naval Surface Warfare Center, Memphis,
Tennessee.
Sec. 2870. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2871. Land conveyance, Naval Communications Station, Stockton,
California.
Sec. 2872. Lease of property, Naval Air Station and Marine Corps Air
Station, Miramar, California.
Part III--Air Force Conveyances
Sec. 2874. Land acquisition or exchange, Shaw Air Force Base, South
Carolina.
Sec. 2875. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2876. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2877. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2878. Land conveyance, Avon Park Air Force Range, Florida.
Subtitle E--Land Conveyances Involving Utilities
[[Page 110 STAT. 200]]
Sec. 2881. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2882. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2883. Conveyance of electricity distribution system, Fort Irwin,
California.
Sec. 2884. Conveyance of water treatment plant, Fort Pickett, Virginia.
Subtitle F--Other Matters
Sec. 2891. Authority to use funds for certain educational purposes.
Sec. 2892. Department of Defense Laboratory Revitalization Demonstration
Program.
Sec. 2893. Authority for Port Authority of State of Mississippi to use
Navy property at Naval Construction Battalion
Center, Gulfport, Mississippi.
Sec. 2894. Prohibition on joint use of Naval Air Station and Marine
Corps Air Station, Miramar, California.
Sec. 2895. Report regarding Army water craft support facilities and
activities.
Sec. 2896. Residual value reports.
Sec. 2897. Sense of Congress and report regarding Fitzsimons Army
Medical Center, Colorado.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
Sec. 2901. Short title.
Sec. 2902. Definitions.
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
Sec. 2911. Principles of transfer.
Sec. 2912. Transfer of management responsibilities and jurisdiction over
Arsenal.
Sec. 2913. Responsibility and liability.
Sec. 2914. Establishment and administration of Midewin National
Tallgrass Prairie.
Sec. 2915. Special management requirements for Midewin National
Tallgrass Prairie.
Sec. 2916. Special transfer rules for certain Arsenal parcels intended
for MNP.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
Sec. 2921. Conveyance of certain real property at Arsenal for a national
cemetery.
Sec. 2922. Conveyance of certain real property at Arsenal for a county
landfill.
Sec. 2923. Conveyance of certain real property at Arsenal for industrial
parks.
Subtitle C--Miscellaneous Provisions
Sec. 2931. Degree of environmental cleanup.
Sec. 2932. Retention of property used for environmental cleanup.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
[[Page 110 STAT. 201]]
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production program.
Sec. 3134. Payment of penalties.
Sec. 3135. Fissile materials disposition.
Sec. 3136. Tritium recycling.
Sec. 3137. Manufacturing infrastructure for refabrication and
certification of nuclear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
Sec. 3139. Limitation on authority to conduct hydronuclear tests.
Sec. 3140. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3141. Limitation on use of funds for certain research and
development purposes.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Sec. 3144. Department of Energy Declassification Productivity
Initiative.
Subtitle D--Other Matters
Sec. 3151. Report on foreign tritium purchases.
Sec. 3152. Study on nuclear test readiness postures.
Sec. 3153. Master plan for the certification, stewardship, and
management of warheads in the nuclear weapons
stockpile.
Sec. 3154. Prohibition on international inspections of Department of
Energy facilities unless protection of restricted
data is certified.
Sec. 3155. Review of certain documents before declassification and
release.
Sec. 3156. Accelerated schedule for environmental restoration and waste
management activities.
Sec. 3157. Sense of Congress regarding certain environmental restoration
requirements.
Sec. 3158. Responsibility for Defense Programs Emergency Response
Program.
Sec. 3159. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1996.
Sec. 3160. Report on hydronuclear testing.
Sec. 3161. Applicability of Atomic Energy Community Act of 1955 to Los
Alamos, New Mexico.
Sec. 3162. Sense of Congress regarding shipments of spent nuclear fuel.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of chromite and manganese ores and chromium ferro
and manganese metal electrolytic.
Sec. 3304. Restrictions on disposal of manganese ferro.
Sec. 3305. Titanium initiative to support battle tank upgrade program.
Subtitle B--Programmatic Change
Sec. 3311. Transfer of excess defense-related materials to stockpile for
disposal.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1996.
Sec. 3403. Extension of operating contract for Naval Petroleum Reserve
Num
bered 1.
Subtitle B--Sale of Naval Petroleum Reserve
Sec. 3411. Definitions.
Sec. 3412. Sale of Naval Petroleum Reserve Numbered 1.
Sec. 3413. Effect of sale of reserve.
[[Page 110 STAT. 202]]
Sec. 3414. Conditions on sale process.
Sec. 3415. Treatment of State of California claim regarding reserve.
Sec. 3416. Study of future of other naval petroleum reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B--Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of Commission as Government corporation.
Sec. 3523. Supervisory Board.
Sec. 3524. General and specific powers of Commission.
Sec. 3525. Congressional review of budget.
Sec. 3526. Audits.
Sec. 3527. Prescription of measurement rules and rates of tolls.
Sec. 3528. Procedures for changes in rules of measurement and rates of
tolls.
Sec. 3529. Miscellaneous technical amendments.
Sec. 3530. Conforming amendment to title 31, United States Code.
DIVISION D--FEDERAL ACQUISITION REFORM
Sec. 4001. Short title.
TITLE XLI--COMPETITION
Sec. 4101. Efficient competition.
Sec. 4102. Efficient approval procedures.
Sec. 4103. Efficient competitive range determinations.
Sec. 4104. Preaward debriefings.
Sec. 4105. Design-build selection procedures.
TITLE XLII--COMMERCIAL ITEMS
Sec. 4201. Commercial item exception to requirement for certified cost
or pricing data.
Sec. 4202. Application of simplified procedures to certain commercial
items.
Sec. 4203. Inapplicability of certain procurement laws to commercially
available off-the-shelf items.
Sec. 4204. Amendment of commercial items definition.
Sec. 4205. Inapplicability of cost accounting standards to contracts and
subcontracts for commercial items.
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
Sec. 4301. Elimination of certain certification requirements.
Sec. 4302. Authorities conditioned on FACNET capability.
Sec. 4303. International competitiveness.
Sec. 4304. Procurement integrity.
Sec. 4305. Further acquisition streamlining provisions.
Sec. 4306. Value engineering for Federal agencies.
Sec. 4307. Acquisition workforce.
Sec. 4308. Demonstration project relating to certain personnel
management policies and procedures.
Sec. 4309. Cooperative purchasing.
Sec. 4310. Procurement notice technical amendment.
Sec. 4311. Micro-purchases without competitive quotations.
Subtitle B--Technical Amendments
Sec. 4321. Amendments related to Federal Acquisition Streamlining Act of
1994.
Sec. 4322. Miscellaneous amendments to Federal acquisition laws.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
Sec. 4401. Effective date and applicability.
Sec. 4402. Implementing regulations.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Sec. 5001. Short title.
[[Page 110 STAT. 203]]
Sec. 5002. Definitions.
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
Sec. 5101. Repeal of central authority of the Administrator of General
Services.
Subtitle B--Director of the Office of Management and Budget
Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.
Subtitle C--Executive Agencies
Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.
Subtitle D--Other Responsibilities
Sec. 5131. Responsibilities regarding efficiency, security, and privacy
of Federal computer systems.
Sec. 5132. Sense of Congress.
Subtitle E--National Security Systems
Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.
Subtitle B--Specific Pilot Programs
Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the
directory established under section 4101 of title
44, United States Code.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge
to contracting action.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.
[[Page 110 STAT. 204]]
Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to
paperwork reduction.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(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.
SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.
In the case of any provision of this Act, or any amendment made by a
provision of this Act, requiring the submission of a report to Congress
(or any committee of Congress), that report shall be submitted not later
than the later of--
(1) the date established for submittal of the report in such
provision or amendment; or
(2) the date that is 45 days after the date of the enactment
of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
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, $1,558,805,000.
(2) For missiles, $865,555,000.
(3) For weapons and tracked combat vehicles, $1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000.
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, $4,572,394,000.
(2) For weapons, including missiles and torpedoes,
$1,659,827,000.
(3) For shipbuilding and conversion, $6,643,958,000.
(4) For other procurement, $2,414,771,000.
[[Page 110 STAT. 205]]
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Marine Corps in the amount
of $458,947,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $430,053,000.
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, $7,349,783,000.
(2) For missiles, $2,938,883,000.
(3) For ammunition, $343,848,000.
(4) For other procurement, $6,268,430,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1996
for Defense-wide procurement in the amount of $2,124,379,000.
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, $160,000,000.
(2) For the Air National Guard, $255,000,000.
(3) For the Army Reserve, $85,700,000.
(4) For the Naval Reserve, $67,000,000.
(5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000.
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 $672,250,000 for--
(1) the destruction of lethal chemical agents 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 materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
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.
[[Page 110 STAT. 206]]
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF OH-58D ARMED KIOWA WARRIOR HELICOPTERS.
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 $140,000,000 for the procurement of not more than 20 OH-58D
Armed Kiowa Warrior aircraft from funds appropriated for fiscal year
1996 pursuant to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act (22
U.S.C. 2761) is repealed.
SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.
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 the following:
(1) AH-64D Longbow Apache attack helicopters.
(2) UH-60 Black Hawk utility helicopters.
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; and
(2) a detailed timeline and statement of funding
requirements for the engine upgrade program described in
paragraph (1).
SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED MULTIYEAR
PROCUREMENT AUTHORITY FOR ARMY SMALL ARMS PROCUREMENT.
(a) Requirement.--The Secretary of the Army (subject to the
provision of authority in an appropriations Act) shall enter into a
multiyear procurement contract during fiscal year 1997 in accordance
with section 115(b)(2) of the National Defense Authorization for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2681).
(b) Technical Amendment.--Section 115(b)(1) of the National Defense
Authorization for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2681)
is amended by striking out ``2306(h)'' and inserting in lieu thereof
``2306b''.
Subtitle C--Navy Programs
SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) Amounts Authorized.--(1) Of the amount authorized by section 102
to be appropriated for Shipbuilding and Conversion, Navy, for fiscal
year 1996--
[[Page 110 STAT. 207]]
(A) $700,000,000 is available for construction of the third
vessel (designated SSN-23) in the Seawolf attack submarine
class, which shall be the final vessel in that class; and
(B) $804,498,000 is available for long-lead and advance
construction and procurement of components for construction of
the fiscal year 1998 and fiscal year 1999 submarines (previously
designated by the Navy as the New Attack Submarine), of which--
(i) $704,498,000 shall be available for long-lead
and advance construction and procurement for the fiscal
year 1998 submarine, which shall be built by Electric
Boat Division; and
(ii) $100,000,000 shall be available for long-lead
and advance construction and procurement for the fiscal
year 1999 submarine, which shall be built by Newport
News Shipbuilding.
(2) Of the amount authorized by section 201(2), $10,000,000 shall be
available only for participation of Newport News Shipbuilding in the
design of the submarine previously designated by the Navy as the New
Attack Submarine.
(b) Competition, Report, and Budget Revision Limitations.--(1) Of
the amounts specified in subsection (a)(1), not more than $200,000,000
may be obligated or expended 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
procurement of nuclear attack submarines to be constructed beginning--
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for in the
plan described in subsection (c), after fiscal year 2001,
will be under one or more contracts that are entered into after
competition between potential competitors (as defined in subsection (k))
in which the Secretary solicits competitive proposals and awards the
contract or contracts on the basis of price.
(2) Of the amounts specified in subsection (a)(1), not more than
$1,000,000,000 may be obligated or expended until the Secretary of
Defense, not later than March 15, 1996, accomplishes each of the
following:
(A) Submits to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives in accordance with subsection (c) the plan
required by that subsection for a program to produce a more
capable, less expensive nuclear attack submarine than the
submarine design previously designated by the Navy as the New
Attack Submarine.
(B) Notwithstanding any other provision of law, or the
funding level in the President's budget for each year after
fiscal year 1996, the Under Secretary of Defense (Comptroller)
shall incorporate the costs of the plan required by subsection
(c) in the Future Years Defense Program (FYDP) even if the total
cost of that Program exceeds the President's budget.
(C) Directs that the Under Secretary of Defense for
Acquisition and Technology conduct oversight over the
development and improvement of the nuclear attack submarine
program of the Navy. Officials of the Department of the Navy
exercising management oversight of the program shall report to
the Under
[[Page 110 STAT. 208]]
Secretary of Defense for Acquisition and Technology with respect
to that program.
(c) Plan for Fiscal Year 1998, 1999, 2000, and 2001 Submarines.--(1)
The Secretary of Defense shall, not later than March 15, 1996, develop
(and submit to the committees specified in subsection (b)(2)(A)) a
detailed plan for development of a program that will lead to production
of a more capable, less expensive submarine than the submarine
previously designated as the New Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a program
for the design, development, and procurement of four nuclear attack
submarines to be procured during fiscal years 1998 through 2001, the
purpose of which shall be to develop and demonstrate new technologies
that will result in each successive submarine of those four being a more
capable and more affordable submarine than the submarine that preceded
it. The program shall be structured so that--
(A) one of the four submarines is to be constructed with
funds appropriated for each fiscal year from fiscal year 1998
through fiscal year 2001;
(B) in order to ensure flexibility for innovation, the
fiscal year 1998 and the fiscal year 2000 submarines are to be
constructed by the Electric Boat Division and the fiscal year
1999 and the fiscal year 2001 submarines are to be constructed
by Newport News Shipbuilding;
(C) the design designated by the Navy for the submarine
previously designated as the New Attack Submarine will be used
as the base design by both contractors;
(D) each contractor shall be called upon to propose
improvements, including design improvements, for each successive
submarine as new and better technology is demonstrated and
matures so that--
(i) each successive submarine is more capable and
more affordable; and
(ii) the design for a future class of nuclear attack
submarines will incorporate the latest, best, and most
affordable technology; and
(E) the fifth and subsequent nuclear attack submarines to be
built after the SSN-23 submarine shall be procured as required
by subsection (b)(1).
(3) The plan under paragraph (1) shall--
(A) set forth a program to accomplish the design,
development, and construction of the four submarines taking
maximum advantage of a streamlined acquisition process, as
provided under subsection (d);
(B) culminate in selection of a design for a next submarine
for serial production not earlier than fiscal year 2003, with
such submarine to be procured as required by subsection (b)(1);
(C) identify advanced technologies that are in various
phases of research and development, as well as those that are
commercially available off-the-shelf, that are candidates to be
incorporated into the plan to design, develop, and procure the
submarines;
(D) designate the fifth submarine to be procured as the lead
ship in the next generation submarine class, unless the
Secretary of the Navy, in consultation with the special
submarine review panel described in subsection (f), determines
[[Page 110 STAT. 209]]
that more submarines should be built before the design of the
new class of submarines is fixed, in which case each such
additional submarine shall be procured in the same manner as is
required by subsection (b)(1); and
(E) identify the impact of the submarine program described
in paragraph (1) on the remainder of the appropriation account
known as ``Shipbuilding and Conversion, Navy'', as such impact
relates to--
(i) force structure levels required by the October
1993 Department of Defense report entitled ``Report on
the Bottom-Up Review'';
(ii) force structure levels required by the 1995
report on the Surface Ship Combatant Study that was
carried out for the Department of Defense; and
(iii) the funding requirements for submarine
construction, as a percentage of the total ship
construction account, for each fiscal year throughout
the FYDP.
(4) As part of such plan, the Secretary shall provide--
(A) cost estimates and schedules for developing new
technologies that may be used to make submarines more capable
and more affordable; and
(B) an analysis of significant risks associated with
fielding the new technologies on the schedule proposed by the
Secretary and significant increased risks that are likely to be
incurred by accelerating that schedule.
(d) Streamlined Acquisition Process.--The Secretary of Defense shall
prescribe and use streamlined acquisition policies and procedures to
reduce the cost and increase the efficiency of the submarine program
under this section.
(e) Annual Revisions to Plan.--The Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives an annual update to the plan
required to be submitted under subsection (b). Each such update shall be
submitted concurrent with the President's budget submission to Congress
for each of fiscal years 1998 through 2002.
(f) Special Submarine Review Panel.--(1) The plan under subsection
(c) and each annual update under subsection (e) shall be reviewed by a
special bipartisan congressional panel working with the Navy. The panel
shall consist of three members of the Committee on Armed Services of the
Senate, who shall be designated by the chairman of that committee, and
three members of the Committee on National Security of the House of
Representatives, who shall be designated by the chairman of that
committee. The members of the panel shall be briefed by the Secretary of
the Navy on the status of the submarine modernization program and the
status of submarine-related research and development under this section.
(2) <<NOTE: Reports.>> Not later than May 1 of each year, the panel
shall report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives on the
panel's findings and recommendations regarding the progress of the
Secretary in procuring a more capable, less expensive submarine. The
panel may recommend any funding adjustments it believes appropriate to
achieve this objective.
(g) Linkage of Fiscal Year 1998 and 1999 Submarines.--Funds referred
to in subsection (a)(1)(B) that are available for
[[Page 110 STAT. 210]]
the fiscal year 1998 and fiscal year 1999 submarines under this section
may not be expended during fiscal year 1996 for the fiscal year 1998
submarine (other than for design) unless funds are obligated or expended
during such fiscal year for a contract in support of procurement of the
fiscal year 1999 submarine.
(h) Contracts Authorized.--The Secretary of the Navy is authorized,
using funds available pursuant to paragraph (1)(B) of subsection (a), to
enter into contracts with Electric Boat Division and Newport News
Shipbuilding, and suppliers of components, during fiscal year 1996 for--
(1) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(2) advance construction of such components and other
components for such submarines.
(i) Advanced Research Projects Agency Development of Advanced
Technologies.--(1) Of the amount provided in section 201(4) for the
Advanced Research Projects Agency, $100,000,000 is available only for
development and demonstration of advanced technologies for incorporation
into the submarines constructed as part of the plan developed under
subsection (c). Such advanced technologies shall include the following:
(A) Electric drive.
(B) Hydrodynamic quieting.
(C) Ship control automation.
(D) Solid-state power electronics.
(E) Wake reduction technologies.
(F) Superconductor technologies.
(G) Torpedo defense technologies.
(H) Advanced control concept.
(I) Fuel cell technologies.
(J) Propulsors.
(2) The Director of the Advanced Research Projects Agency shall
implement a rapid prototype acquisition strategy for both land-based and
at-sea subsystem and system demonstrations of advanced technologies
under paragraph (1). Such acquisition strategy shall be developed and
implemented in concert with Electric Boat Division and Newport News
Shipbuilding and the Navy.
(j) References to Contractors.--For purposes of this section--
(1) the contractor referred to as ``Electric Boat Division''
is the Electric Boat Division of the General Dynamics
Corporation; and
(2) the contractor referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and Drydock
Company.
(k) Potential Competitor Defined.--For purposes of this section, 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.
SEC. 132. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Of the amount appropriated for fiscal year 1996 for the National
Defense Sealift Fund, $50,000,000 shall be available only for the
Director of the Advanced Research Projects Agency for advanced submarine
technology activities.
[[Page 110 STAT. 211]]
SEC. 133. COST LIMITATION FOR 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 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 September 30, 1995.
(3) The amounts of increases in costs attributable to
compliance with changes in Federal, State, or local laws enacted
after September 30, 1995.
(c) Repeal of Superseded Provision.--Section 122 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2682) is repealed.
SEC. 134. 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. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authorization for Procurement of Six Vessels.--The Secretary of
the Navy is authorized to construct six Arleigh Burke class destroyers
in accordance with this section. Within the amount authorized to be
appropriated pursuant to section 102(a)(3), $2,169,257,000 is authorized
to be appropriated for construction (including advance procurement) for
the Arleigh Burke class destroyers.
(b) Contracts.--(1) The Secretary is authorized to enter into
contracts in fiscal year 1996 for the construction of three Arleigh
Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to enter into
contracts for the construction of the other three Arleigh Burke class
destroyers covered by subsection (a), subject to the availability of
appropriations for such destroyers.
(3) In awarding contracts for the six vessels covered by subsection
(a), the Secretary shall continue the contract award pattern and
sequence used by the Secretary for the procurement of Arleigh Burke
class destroyers during fiscal years 1994 and 1995.
(4) A contract for construction of a vessel or vessels that is
entered into in accordance with paragraph (1) shall include a clause
that limits the liability of the Government to the contractor for any
termination of the contract. The maximum liability of the Government
under the clause shall be the amount appropriated for the vessel or
vessels.
(c) Use of Available Funds.--(1) Subject to paragraph (2), the
Secretary may take appropriate actions to use for full funding of a
contract entered into in accordance with subsection (b)--
(A) any funds that, having been appropriated for
shipbuilding and conversion programs of the Navy other than
Arleigh Burke class destroyer programs pursuant to the
authorization in section 102(a)(3), become excess to the needs
of the Navy
[[Page 110 STAT. 212]]
for such programs by reason of cost savings achieved for such
programs;
(B) any unobligated funds that are available to the
Secretary for shipbuilding and conversion for any fiscal year
before fiscal year 1996; and
(C) any funds that are appropriated after the date of the
enactment of the Department of Defense Appropriations Act, 1996,
to complete the full funding of the contract.
(2) The Secretary may not, in the exercise of authority provided in
subparagraph (A) or (B) of paragraph (1), obligate funds for a contract
entered into in accordance with subsection (b) until 30 days after the
date on which the Secretary submits to the congressional defense
committees in writing a notification of the intent to obligate the
funds. The notification shall set forth the source or sources of the
funds and the amount of the funds from each such source that is to be so
obligated.
SEC. 136. ACQUISITION PROGRAM FOR CRASH ATTENUATING SEATS.
(a) Program Authorized.--The Secretary of the Navy shall 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).
SEC. 137. T-39N TRAINER AIRCRAFT.
(a) Limitation.--The Secretary of the Navy may not enter into a
contract, using funds appropriated for fiscal year 1996 for procurement
of aircraft for the Navy, for the acquisition of the aircraft described
in subsection (b) until 60 days after the date on which the Under
Secretary of Defense for Acquisition and Technology submits to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives--
(1) an analysis of the proposed acquisition of such
aircraft; and
(2) a certification that the proposed acquisition during
fiscal year 1996 (A) is in the best interest of the Government,
and (B) is the most cost effective means of meeting the
requirements of the Navy for aircraft for use in the training of
naval flight officers.
(b) Covered Aircraft.--Subsection (a) applies to certain T-39
trainer aircraft that as of November 1, 1995 (1) are used by the Navy
under a lease arrangement for the training of naval flight officers, and
(2) are offered for sale to the Government.
SEC. 138. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than one-sixth 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
[[Page 110 STAT. 213]]
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 funds have been obligated to equip nine Pioneer
Unmanned Aerial Vehicle systems with the Common Automatic Landing and
Recovery System (CARS).
Subtitle D--Air Force Programs
SEC. 141. B-2 AIRCRAFT PROGRAM.
(a) Repeal of Limitations.--The following provisions of law are
repealed:
(1) Section 151(c) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2339).
(2) Sections 131(c) and 131(d) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1569).
(3) Section 133(e) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2688).
(b) Conversion of Limitation to Annual Report Requirement.--Section
112 of the National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1373) is amended--
(1) by striking out subsection (a);
(2) by striking out the matter in subsection (b) preceding
paragraph (1) and inserting in lieu thereof the following:
``(a) Annual Reporting Requirement.--Not later than March 1 of each
year, 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 sets forth the finding of the
Secretary (as of January 1 of such year) on each of the following
matters:'';
(3) by striking out ``That'' in paragraphs (1), (2), (3),
(4), and (5) and inserting in lieu thereof ``Whether'';
(4) in paragraph (1), by striking out ``latest'' and all
that follows through ``100-180'' and inserting in lieu thereof
``Requirements Correlation Matrix found in the user-defined
Operational Requirements Document (as contained in Attachment B
to a letter from the Secretary of Defense to Congress dated
October 14, 1993)'';
(5) in paragraph (3), by striking out ``congressional
defense'';
(6) in paragraph (4), by striking out ``such certification
to be submitted'';
(7) by adding at the end the following:
``(b) First Report.--The Secretary shall submit the first annual
report under subsection (a) not later than March 1, 1996.''; and
(8) by amending the section heading to read as follows:
``SEC. 112. ANNUAL REPORT ON B-2 BOMBER AIRCRAFT PROGRAM.''.
(c) Repeal of Condition on Obligation of Funds in Enhanced Bomber
Capability Fund.--Section 133(d)(3) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2688) is amended by striking out ``If,'' and all that follows through
``bombers, the Secretary'' and inserting in lieu thereof ``The
Secretary''.
[[Page 110 STAT. 214]]
SEC. 142. PROCUREMENT OF B-2 BOMBERS.
Of the amount authorized to be appropriated by section 103 for the
B-2 bomber procurement program, not more than $279,921,000 may be
obligated or expended before March 31, 1996.
SEC. 143. MC-130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an award
fee and the procurement of contractor-furnished equipment for the MC-
130H Combat Talon aircraft set forth in section 161(a) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1388) shall cease to apply upon determination by the
Director of Operational Test and Evaluation (and submission of a
certification of that determination to the congressional defense
committees) that, based on the operational test and evaluation and the
analysis conducted on that aircraft to the date of that determination,
such aircraft is operationally effective and meets the needs of its
intended users.
Subtitle E--Chemical Demilitarization Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH
DEVELOPMENT OF CHEMICAL DEMILITARIZATION
CRYOFRACTURE FACILITY AT TOOELE ARMY
DEPOT, UTAH.
Subsection (a) of section 173 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1393)
is repealed.
SEC. 152. <<NOTE: 50 USC 1521 note.>> DESTRUCTION OF EXISTING
STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) In General.--The Secretary of Defense shall proceed with the
program for destruction of the chemical munitions stockpile of the
Department of Defense while maintaining the maximum protection of the
environment, the general public, and the personnel involved in the
actual destruction of the munitions. In carrying out such program, the
Secretary shall use technologies and procedures that will minimize the
risk to the public at each site.
(b) Initiation of Demilitarization Operations.--The Secretary of
Defense may not initiate destruction of the chemical munitions stockpile
stored at a site until the following support measures are in place:
(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to that
installation.
(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that
installation, as approved by the appropriate State regulatory agencies.
(c) Assessment of Alternatives.--(1) The Secretary of Defense shall
conduct an assessment of the current chemical demilitarization program
and of measures that could be taken to reduce
[[Page 110 STAT. 215]]
significantly the total cost of the program, while ensuring maximum
protection of the general public, the personnel involved in the
demilitarization program, and the environment. The measures considered
shall be limited to those that would minimize the risk to the public.
The assessment shall be conducted without regard to any limitation that
would otherwise apply to the conduct of such an assessment under any
provision of law.
(2) The assessment shall be conducted in coordination with the
National Research Council.
(3) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
(4) <<NOTE: Reports.>> Not later than March 1, 1996, the Secretary
of Defense shall submit to the congressional defense committees an
interim report assessing the current status of the chemical stockpile
demilitarization program, including the results of the Army's analysis
of the physical and chemical integrity of the stockpile and implications
for the chemical demilitarization program, and providing recommendations
for revisions to that program that have been included in the budget
request of the Department of Defense for fiscal year 1997. The Secretary
shall submit to the congressional defense committees with the submission
of the budget request of the Department of Defense for fiscal year 1998
a final report on the assessment conducted in accordance with paragraph
(1) and recommendations for revision to the program, including an
assessment of alternative demilitarization technologies and processes to
the baseline incineration process and potential reconfiguration of the
stockpile that should be incorporated in the program.
(d) Assistance for Chemical Weapons Stockpile Communities Affected
by Base Closure.--(1) The Secretary of Defense shall review and evaluate
issues associated with closure and reutilization of Department of
Defense facilities co-located with continuing chemical stockpile and
chemical demilitarization operations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these communities
and the unique reuse problems facing local communities
associated with ongoing chemical weapons programs.
(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of these
facilities to local communities for reuse by those communities.
(3) <<NOTE: Reports.>> The Secretary shall submit to the
congressional defense committees a report on the review and evaluation
under this subsection. The report shall be submitted not later than 90
days after the date of the enactment of this Act.
SEC. 153. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PROGRAM.
(a) Travel Funding for Members of Chemical Demilitarization
Citizens' Advisory Commissions.--Section 172(g) of Public Law 102-484
(50 U.S.C. 1521 note) is amended to read as follows:
``(g) Pay and Expenses.--Members of each commission shall receive no
pay for their involvement in the activities of their commissions. Funds
appropriated for the Chemical Stockpile Demilitarization Program may be
used for travel and associated travel costs for Citizens' Advisory
Commissioners, when such travel
[[Page 110 STAT. 216]]
is conducted at the invitation of the Assistant Secretary of the Army
(Research, Development, and Acquisition).''.
(b) Quarterly Report Concerning Travel Funding for Citizens'
Advisory Commissioners.--Section 1412(g) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)), is amended--
(1) by striking out ``(g) Annual Report.--'' and inserting
in lieu thereof ``(g) Periodic Reports.--'';
(2) in paragraph (2)--
(A) by striking out ``Each such report shall con-
tain--'' and inserting in lieu thereof ``Each annual
report shall contain--''
(B) in subparagraph (B)--
(i) by striking out ``and'' at the end of
clause (iv);
(ii) by striking out the period at the end of
clause (v) and inserting in lieu thereof ``;
and''; and
(iii) by adding at the end the following:
``(vi) travel and associated travel costs for
Citizens' Advisory Commissioners under section 172(g) of
Public Law 102-484 (50 U.S.C. 1521 note).'';
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary shall transmit 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 House of Representatives a quarterly report containing an accounting
of all funds expended (during the quarter covered by the report) for
travel and associated travel costs for Citizens' Advisory Commissioners
under section 172(g) of Public Law 102-484 (50 U.S.C. 1521 note). The
quarterly report for the final quarter of the period covered by a report
under paragraph (1) may be included in that report.''; and
(5) in paragraph (4), as redesignated by paragraph (3)--
(A) by striking out ``this subsection'' and
inserting in lieu thereof ``paragraph (1)''; and
(B) by adding at the end the following: ``No
quarterly report is required under paragraph (3) after
the transmittal of the final report under paragraph
(1).''.
(c) Director of Program.--Section 1412(e)(3) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(e)(3)), is amended by
inserting ``or civilian equivalent'' after ``general officer''.
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, $4,737,581,000.
[[Page 110 STAT. 217]]
(2) For the Navy, $8,474,783,000.
(3) For the Air Force, $12,914,868,000.
(4) For Defense-wide activities, $9,693,180,000, of which--
(A) $251,082,000 is authorized for the activities of
the Director, Test and Evaluation; and
(B) $22,587,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be appropriated
by section 201, $4,088,879,000 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.
SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Council Membership.--Section 2902(b) of title 10, United States
Code, is amended--
(1) by striking out ``thirteen'' and inserting in lieu
thereof ``12'';
(2) by striking out paragraph (3);
(3) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), and (10) as paragraphs (3), (4), (5), (6), (7), (8), and
(9), respectively; and
(4) in paragraph (8), as redesignated, by striking out ``,
who shall be nonvoting members''.
(b) Annual Report.--(1) Section 2902 of such title is amended in
subsection (d)--
(A) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) To prepare an annual report that contains the
following:
``(A) A description of activities of the strategic
environmental research and development program carried
out during the fiscal year before the fiscal year in
which the report is prepared.
``(B) A general outline of the activities planned
for the program during the fiscal year in which the
report is prepared.
``(C) A summary of projects continued from the
fiscal year before the fiscal year in which the report
is prepared and projects expected to be started during
the fiscal year in which the report is prepared and
during the following fiscal year.''; and
(B) in paragraph (4), by striking out ``Federal Coordinating
Council on Science, Engineering, and Technology'' and inserting
in lieu thereof ``National Science and Technology Council''.
(2) Section 2902 of such title is further amended--
(A) by striking out subsections (f) and (h);
(B) by redesignating subsection (g) as subsection (f); and
(C) by adding at the end the following new subsection:
[[Page 110 STAT. 218]]
``(g)(1) Not later than February 1 of each year, the Council shall
submit to the Secretary of Defense the annual report prepared pursuant
to subsection (d)(3).
``(2) Not later than March 15 of each year, the Secretary of Defense
shall submit such annual report to Congress, along with such comments as
the Secretary considers appropriate.''.
(3) <<NOTE: 10 USC 2902 note.>> The amendments made by this
subsection shall apply with respect to the annual report prepared during
fiscal year 1997 and each fiscal year thereafter.
(c) Policies and Procedures.--Section 2902(e) of such title is
amended in paragraph (3) by striking out ``programs, particularly'' and
all that follows through the end of the paragraph and inserting in lieu
thereof ``programs;''.
(d) Competitive Procedures.--Section 2903(c) of such title is
amended--
(1) by striking out ``or'' after ``contracts'' and inserting
in lieu thereof ``using competitive procedures. The Executive
Director may enter into''; and
(2) by striking out ``law, except that'' and inserting in
lieu thereof ``law. In either case,''.
(e) Continuation of Expiring Authority.--(1) Section 2903(d) of such
title is amended in paragraph (2) by striking out the last sentence.
(2) <<NOTE: Effective date. 10 USC 2903 note.>> The amendment made
by paragraph (1) shall take effect as of September 29, 1995.
SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE.
(a) Fiscal Year 1996 Amount.--Of the amount authorized to be
appropriated in section 201(4), $195,000,000 shall be available for the
defense dual use technology initiative conducted under chapter 148 of
title 10, United States Code.
(b) Availability of Funds for Existing Technology Reinvestment
Projects.--The Secretary of Defense shall use amounts made available for
the defense dual use technology initiative under subsection (a) only for
the purpose of continuing or completing technology reinvestment projects
that were initiated before October 1, 1995.
(c) Notice Concerning Projects To Be Carried Out.--Of the amounts
made available for the defense dual use technology initiative under
subsection (a)--
(1) $145,000,000 shall be available for obligation only
after the date on which the Secretary of Defense notifies the
congressional defense committees regarding the defense
reinvestment projects to be funded using such funds; and
(2) the remaining $50,000,000 shall be available for
obligation only after the date on which the Secretary of Defense
certifies to the congressional defense committees that the
defense reinvestment projects to be funded using such funds have
been determined by the Joint Requirements Oversight Council to
be of significant military priority.
[[Page 110 STAT. 219]]
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount authorized to be
appropriated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable rocket
technology program.
(b) Limitation.--Funds made available pursuant to subsection (a)(1)
may be obligated only to the extent that the fiscal year 1996 current
operating plan of the National Aeronautics and Space Administration
allocates at least an equal amount for its Reusable Space Launch
program.
SEC. 212. TACTICAL MANNED RECONNAISSANCE.
(a) Limitation.--None of the amounts appropriated or otherwise made
available pursuant to an authorization in this Act may be used by the
Secretary of the Air Force to conduct research, development, test, or
evaluation for a replacement aircraft, pod, or sensor payload for the
tactical manned reconnaissance mission until the report required by
subsection (b) is submitted to the congressional defense committees.
(b) Report.--The Secretary of the Air Force shall submit to the
congressional defense committees a report setting forth in detail
information about the manner in which the funds authorized by section
201 of this Act and section 201 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2690) are
planned to be used during fiscal year 1996 for research, development,
test, and evaluation for the Air Force tactical manned reconnaissance
mission. At a minimum, the report shall include the sources, by program
element, of the funds and the purposes for which the funds are planned
to be used.
SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201, $200,156,000
shall be available for the Joint Advanced Strike Technology (JAST)
program. Of that amount--
(1) $83,795,000 shall be available for program element
63800N in the budget of the Department of Defense for fiscal
year 1996;
(2) $85,686,000 shall be available for program element
63800F in such budget; and
(3) $30,675,000 shall be available for program element
63800E in such budget.
(b) Additional Allocation.--Of the amounts made available under
paragraphs (1), (2), and (3) of subsection (a)--
(1) $25,000,000 shall be available from the amount
authorized to be appropriated pursuant to the authorization in
section 201(2) for the conduct, during fiscal year 1996, of a 6-
month program definition phase for the A/F117X, an F-117 fighter
aircraft modified for use by the Navy as a long-range, medium
attack aircraft; and
(2) $7,000,000 shall be available to provide for competitive
engine concepts.
[[Page 110 STAT. 220]]
(c) Limitation.--Not more than 75 percent of the amount appropriated
for the Joint Advanced Strike Technology program pursuant to the
authorizations in section 201 may be obligated until a period of 30 days
has expired after the report required by subsection (d) is submitted to
the congressional defense committees.
(d) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified and
classified forms, not later than March 1, 1996, that sets forth in
detail the following information for the period 1997 through 2005:
(1) The total joint requirement, assuming the capability to
successfully conduct two nearly simultaneous major regional
contingencies, for the following:
(A) Numbers of bombers, tactical combat aircraft,
and attack helicopters and the characteristics required
of those aircraft in terms of capabilities, range, and
low-observability.
(B) Surface- and air-launched standoff precision
guided munitions.
(C) Cruise missiles.
(D) Ground-based systems, such as the Extended
Range-Multiple Launch Rocket System and the Army
Tactical Missile System (ATACMS), for joint warfighting
capability.
(2) The warning time assumptions for two nearly simultaneous
major regional contingencies, and the effects on future tactical
attack/fighter aircraft requirements using other warning time
assumptions.
(3) The requirements that exist for the Joint Advanced
Strike Technology program that cannot be met by existing
aircraft or by those in development.
SEC. 214. DEVELOPMENT OF LASER PROGRAM.
Of the amount authorized to be appropriated by section 201(2),
$9,000,000 shall be used for the development by the Naval High Energy
Laser Office of a continuous wave, superconducting radio frequency free
electron laser program.
SEC. 215. 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 1996 through 1999''.
SEC. 216. SPACE-BASED INFRARED SYSTEM.
(a) Program Baseline.--The Secretary of Defense shall establish a
program baseline for the Space-Based Infrared System. Such baseline
shall--
(1) include--
(A) program cost and an estimate of the funds
required for development and acquisition activities for
each fiscal year in which such activities are planned to
be carried out;
[[Page 110 STAT. 221]]
(B) a comprehensive schedule with program milestones
and exit criteria; and
(C) optimized performance parameters for each
segment of an integrated space-based infrared system;
(2) be structured to achieve initial operational capability
of the low earth orbit space segment (the Space and Missile
Tracking System) in fiscal year 2003, with a first launch of
Block I satellites in fiscal year 2002;
(3) ensure integration of the Space and Missile Tracking
System into the architecture of the Space-Based Infrared System;
and
(4) ensure that the performance parameters of all space
segment components are selected so as to optimize the
performance of the Space-Based Infrared System while minimizing
unnecessary redundancy and cost.
(b) Report on Program Baseline.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report, in classified and
unclassified forms as necessary, on the program baseline established
under subsection (a).
(c) Establishment of Program Elements.--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 the Space-Based Infrared System shall be
set forth in accordance with the following program elements:
(1) Space Segment High.
(2) Space Segment Low (Space and Missile Tracking System).
(3) Ground Segment.
(d) Funding for Fiscal Year 1996.--Of the amounts authorized to be
appropriated pursuant to section 201(3) for fiscal year 1996, or
otherwise made available to the Department of Defense for fiscal year
1996, the following amounts shall be available for the Space-Based
Infrared System:
(1) $265,744,000 for demonstration and validation, of which
$249,824,000 shall be available for the Space and Missile
Tracking System.
(2) $162,219,000 for engineering and manufacturing
development, of which $9,400,000 shall be available for the
Miniature Sensor Technology Integration program.
SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) Agency Funding.--Of the amounts authorized to be appropriated to
the Department of Defense in section 201, $241,703,000 shall be
available for the Defense Nuclear Agency.
(b) Tunnel Characterization and Neutralization Program.--Of the
amount made 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 made available under subsection (a), $6,000,000 shall be
available for the establishment of a long-term
[[Page 110 STAT. 222]]
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) <<NOTE: Reports.>> 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.
(d) Thermionics Program.--Of the amount made available under
subsection (a), $10,000,000 shall be available for the thermionics
program, to be managed by the Defense Nuclear Agency.
(e) Electrothermal Gun Technology Program.--Of the amount made
available under subsection (a), $4,000,000 shall be available for the
electrothermal gun technology program of the Defense Nuclear Agency.
(f) Counterterror Explosives Research Program.--Of the amount made
available under subsection (a), $4,000,000 shall be available for the
counterterror explosives research program of the Defense Nuclear Agency.
(g) Transfer of Unobligated Balance.--The Secretary of Defense shall
transfer to the Defense Nuclear Agency, to be available for the
thermionics program, an amount not to exceed $12,000,000 from the
unobligated balance of funds authorized and appropriated for research,
development, test, and evaluation for fiscal year 1995 for the Air Force
for the Advanced Weapons Program.
SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Defense under section 201(4), $138,237,000 shall be
available for the Counterproliferation Support Program, of which
$30,000,000 shall be available for a tactical antisatellite technologies
program.
(b) Additional Authority To Transfer Authorizations.--(1) In
addition to the transfer authority provided in section 1001, 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; 107 Stat. 1845). 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 transferred under the
authority of this subsection may not exceed $50,000,000.
[[Page 110 STAT. 223]]
(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) <<NOTE: Notification.>> The Secretary of Defense shall promptly
notify Congress of transfers made under the authority of this
subsection.
SEC. 219. NONLETHAL WEAPONS STUDY.
(a) Findings.--Congress finds the following:
(1) The role of the United States military in operations
other than war has increased.
(2) Weapons and instruments that are nonlethal in
application yet immobilizing could have widespread operational
utility and application.
(3) The use of nonlethal weapons in operations other than
war poses a number of important doctrine, legal, policy, and
operations questions which should be addressed in a
comprehensive and coordinated manner.
(4) The development of nonlethal technologies continues to
spread across military and agency budgets.
(5) The Department of Defense should provide improved
budgetary focus and management direction to the nonlethal
weapons program.
(b) Responsibility for Development of Nonlethal Weapons
Technology.--Not later than February 15, 1996, the Secretary of Defense
shall assign centralized responsibility for development (and any other
functional responsibility the Secretary considers appropriate) of
nonlethal weapons technology to an existing office within the Office of
the Secretary of Defense or to a military service as the executive
agent.
(c) Report.--Not later than February 15, 1996, the Secretary of
Defense shall submit to Congress a report setting forth the following:
(1) The name of the office or military service assigned
responsibility for the nonlethal weapons program by the
Secretary of Defense pursuant to subsection (b) and a discussion
of the rationale for such assignment.
(2) The degree to which nonlethal weapons are required by
more than one of the armed forces.
(3) The time frame for the development and deployment of
such weapons.
(4) The appropriate role of the military departments and
defense agencies in the development of such weapons.
(5) The military doctrine, legal, policy, and operational
issues that must be addressed by the Department of Defense
before such weapons achieve operational capability.
(d) Authorization.--Of the amount authorized to be appropriated
under section 201(4), $37,200,000 shall be available for nonlethal
weapons programs and nonlethal technologies programs.
[[Page 110 STAT. 224]]
(e) Definition.--For purposes of this section, the term ``nonlethal
weapon'' means a weapon or instrument the effect of which on human
targets is less than fatal.
SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS AND
UNIVERSITY-AFFILIATED RESEARCH 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 (in
this section referred to as an ``FFRDC'') or a university-affiliated
research center (in this section referred to as a ``UARC'') only in the
case of a center named in the report required by subsection (b) and, in
the case of such a center, only in an amount not in excess of the amount
of the proposed funding level set forth for that center in such report.
(b) Report on Allocations for Centers.--(1) Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing--
(A) the name of each FFRDC and UARC 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 FFRDCs and UARCs may not exceed the amount set forth in
subsection (d).
(c) Limitation Pending Submission of Report.--Not more than 15
percent of the funds appropriated or otherwise made available for the
Department of Defense for fiscal year 1996 pursuant to an authorization
of appropriations in section 201 for FFRDCs and UARCs may be obligated
to procure work from an FFRDC or UARC 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 $1,668,850,000 may be obligated to
procure services from the FFRDCs and UARCs 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 an FFRDC or
UARC. <<NOTE: Notice.>> 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
those committees of that determination and the reasons for the
determination.
(f) Five-Year Plan.--(1) The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop a five-
year plan to reduce and consolidate the activities performed
[[Page 110 STAT. 225]]
by FFRDCs and UARCs and establish a framework for the future workload of
such centers.
(2) The plan shall--
(A) set forth the manner in which the Secretary of Defense
could achieve by October 1, 2000, implementation by FFRDCs and
UARCs of only those core activities, as defined by the
Secretary, that require the unique capabilities and arrangements
afforded by such centers; and
(B) include an assessment of the number of personnel needed
in each FFRDC and UARC during each year over the five years
covered by the plan.
(3) <<NOTE: Reports.>> Not later than February 1, 1996, the
Secretary of Defense shall submit to the congressional defense
committees a report on the plan required by this subsection.
SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
Of the amount authorized to be appropriated under section 201(3),
$9,500,000 shall be available for fiscal year 1996 (in program element
61101F in the budget of the Department of Defense for fiscal year 1996)
for continuation of the Joint Seismic Program and Global Seismic
Network.
SEC. 222. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for Other Missile Product Improvement
Programs, $10,000,000 is authorized to be appropriated for a Hydra-70
rocket product improvement program and to be made available under such
program for full qualification and operational platform certification of
a Hydra-70 rocket described in subsection (b) for use on the Apache
attack helicopter.
(b) Hydra-70 Rocket Covered.--The Hydra-70 rocket referred to in
subsection (a) is any Hydra-70 rocket that has as its propulsion
component a 2.75-inch rocket motor that is a nondevelopmental item and
uses a composite propellant.
(c) Competition Required.--The Secretary of the Army shall conduct
the product improvement program referred to in subsection (a) with full
and open competition.
(d) Submission of Technical Data Package Required.--Upon the full
qualification and operational platform certification of a Hydra-70
rocket as described in subsection (a), the contractor providing the
rocket so qualified and certified shall submit the technical data
package for the rocket to the Secretary of the Army. The Secretary shall
use the technical data package in competitions for contracts for the
procurement of Hydra-70 rockets described in subsection (b) for the
Army.
(e) Definitions.--For purposes of this section, the terms ``full and
open competition'' and ``nondevelopmental item'' have the meanings given
such terms in section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403).
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF
ELECTRONIC COMBAT CONSOLIDATION MASTER
PLAN.
(a) Limitation.--Not more than 75 percent of the amounts
appropriated or otherwise made available pursuant to the authorization
of appropriations in section 201 for test and evaluation program
elements 65896A, 65864N, 65807F, and 65804D in the budget of the
Department of Defense for fiscal year 1996 may
[[Page 110 STAT. 226]]
be obligated until 14 days after the date on which the congressional
defense committees receive the plan specified in subsection (b).
(b) Plan.--The plan referred to in subsection (a) is the master plan
for electronic combat consolidation described under Defense-Wide
Programs under Research, Development, Test, and Evaluation in the Report
of the Committee on Armed Services of the House of Representatives on
H.R. 4301 (House Report 103-499), dated May 10, 1994.
SEC. 224. REPORT ON REDUCTIONS IN RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
(a) Report Requirement.--Not later than March 15, 1996, the Under
Secretary of Defense (Comptroller) shall submit to the congressional
defense committees a report that sets forth in detail the allocation of
reductions for research, development, test, and evaluation described in
subsection (b).
(b) Description of Reductions.--The reductions for research,
development, test, and evaluation covered by subsection (a) are the
following Army, Navy, Air Force, and Defense-wide reductions, as
required by the Department of Defense Appropriations Act, 1996:
(1) General reductions.
(2) Reductions to reflect savings from revised economic
assumptions.
(3) Reductions to reflect the funding ceiling for defense
federally funded research and development centers.
(4) Reductions for savings through improved management of
contractor automatic data processing costs charged through
indirect rates on Department of Defense acquisition contracts.
SEC. 225. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) Authority To Use Funds for Alternative Propellant
Technologies.--During fiscal year 1996, the Secretary of the Army may
use funds appropriated for the liquid propellant portion of the Advanced
Field Artillery System (Crusader) program for fiscal year 1996 for
alternative propellant technologies and integration of those
technologies into the design of the Crusader if--
(1) the Secretary determines that the technical risk
associated with liquid propellant will increase costs and delay
the initial operational capability of the Crusader; and
(2) <<NOTE: Notification.>> the Secretary notifies the
congressional defense committees of the proposed use of the
funds and the reasons for the proposed use of the funds.
(b) Limitation.--The Secretary of the Army may not spend funds for
the liquid propellant portion of the Crusader program after August 15,
1996, unless--
(1) the report required by subsection (c) has been submitted
by that date; and
(2) such report includes documentation of significant
progress, as determined by the Secretary, toward meeting the
objectives for the liquid propellant portion of the program, as
set forth in the baseline description for the Crusader program
and approved by the Office of the Secretary of Defense on
January 4, 1995.
(c) Report Required.--Not later than August 1, 1996, the Secretary
of the Army shall submit to the congressional defense committees a
report containing documentation of the progress being made in meeting
the objectives set forth in the baseline description for the Crusader
program and approved by the Office of the Sec
[[Page 110 STAT. 227]]
retary of Defense on January 4, 1995. The report shall specifically
address the progress being made toward meeting the following objectives:
(1) Establishment of breech and ignition design criteria for
rate of fire for the cannon of the Crusader.
(2) Selection of a satisfactory ignition concept for the
next prototype of the cannon.
(3) Selection, on the basis of modeling and simulation, of
design concepts to prevent chamber piston reversals, and
validation of the selected concepts by gun and mock chamber
firings.
(4) Achievement of an understanding of the chemistry and
physics of propellant burn resulting from the firing of liquid
propellant into any target zone, and achievement, on the basis
of modeling and simulation, of an ignition process that is
predictable.
(5) Completion of an analysis of the management of heat
dissipation for the full range of performance requirements for
the cannon, completion of concept designs supported by that
analysis, and proposal of such concept designs for engineering.
(6) Development, for integration into the next prototype of
the cannon, of engineering designs to control pressure
oscillations in the chamber of the cannon during firing.
(7) Completion of an assessment of the sensitivity of liquid
propellant to contamination by various materials to which it may
be exposed throughout the handling and operation of the cannon,
and documentation of predictable reactions of contaminated or
sensitized liquid propellant.
(d) Additional Matters To Be Covered by Report.--The report required
by subsection (c) also shall contain the following:
(1) An assertion that all the known hazards associated with
liquid propellant have been identified and are controllable to
acceptable levels.
(2) An assessment of the technology for each component of
the Crusader (the cannon, vehicle, and crew module), including,
for each performance goal of the Crusader program (including the
goal for total system weight), information about the maturity of
the technology to achieve that goal, the maturity of the design
of the technology, and the manner in which the design has been
proven (for example, through simulation, bench testing, or
weapon firing).
(3) An assessment of the cost of continued development of
the Crusader after August 1, 1996, and the cost of each unit of
the Crusader in the year the Crusader will be completed.
SEC. 226. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in section
201 for explosives demilitarization technology, $15,000,000 shall be
available to establish an integrated program for the development and
demonstration of conventional munitions and explosives demilitarization
technologies that comply with applicable environmental laws for the
demilitarization and disposal of unserviceable, obsolete, or nontreaty
compliant munitions, rocket motors, and explosives.
[[Page 110 STAT. 228]]
SEC. 227. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) Limitation.--Not more than three percent of the total amount
appropriated for research and development under the Defense Airborne
Reconnaissance program pursuant to the authorizations of appropriations
in section 201 may be obligated for systems engineering and technical
assistance (SETA) contracts until--
(1) funds are obligated (out of such appropriated funds)
for--
(A) the upgrade of U-2 aircraft senior year electro-
optical reconnaissance sensors to the newest
configuration; and
(B) the upgrade of the U-2 SIGINT system; and
(2) the Under Secretary of Defense for Acquisition and
Technology submits the report required under subsection (b).
(b) Report on U-2-Related Upgrades.--(1) Not later than April 1,
1996, the Under Secretary of Defense for Acquisition and Technology
shall transmit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on obligations of funds for upgrades relating to airborne reconnaissance
by U-2 aircraft.
(2) The report shall set forth the specific purposes under the
general purposes described in subparagraphs (A) and (B) of subsection
(a)(1) for which funds have been obligated (as of the date of the
report) and the amounts that have been obligated (as of such date) for
those specific purposes.
Subtitle C--Ballistic Missile Defense Act <<NOTE: Ballistic Missile
Defense Act of 1995. 10 USC 2431 note.>> of 1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Ballistic Missile Defense Act of
1995''.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The emerging threat that is posed to the national
security interests of the United States by the proliferation of
ballistic missiles is significant and growing, both in terms of
numbers of missiles and in terms of the technical capabilities
of those missiles.
(2) The deployment of ballistic missile defenses is a
necessary, but not sufficient, element of a broader strategy to
discourage both the proliferation of weapons of mass destruction
and the proliferation of the means of their delivery and to
defend against the consequences of such proliferation.
(3) The deployment of effective Theater Missile Defense
systems can deter potential adversaries of the United States
from escalating a conflict by threatening or attacking United
States forces or the forces or territory of coalition partners
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.
(4) United States intelligence officials have provided
intelligence estimates to congressional committees that (A) the
trend
[[Page 110 STAT. 229]]
in missile proliferation 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 five years, and (C) although a new, indigenously
developed ballistic missile threat to the continental United
States is not foreseen within the next ten years, determined
countries can acquire intercontinental ballistic missiles in the
near future and with little warning by means other than
indigenous development.
(5) The development and deployment by the United States and
its allies of effective defenses against ballistic missiles of
all ranges will reduce the incentives for countries to acquire
such missiles or to augment existing missile capabilities.
(6) The concept of mutual assured destruction (based upon an
offense-only form of deterrence), which is the major
philosophical rationale underlying 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) The development and deployment of a National Missile
Defense system against the threat of limited ballistic missile
attacks--
(A) would strengthen deterrence at the levels of
forces agreed to by the United States and Russia under
the Strategic Arms Reduction Talks Treaty (START-I); and
(B) would further strengthen deterrence if
reductions below the levels permitted under START-I
should be agreed to and implemented in the future.
(8) The distinction made during the Cold War, based upon the
technology of the time, between strategic ballistic missiles and
nonstrategic ballistic missiles, which resulted in the
distinction made in the ABM Treaty between strategic defense and
nonstrategic defense, has become obsolete because of
technological advancement (including the development by North
Korea of long-range Taepo-Dong I and Taepo-Dong II missiles)
and, therefore, that distinction in the ABM Treaty should be
reviewed.
SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
It is the policy of the United States--
(1) to deploy affordable and operationally effective theater
missile defenses to protect forward-deployed and expeditionary
elements of the Armed Forces of the United States and to
complement the missile defense capabilities of forces of
coalition partners and of allies of the United States; and
(2) to seek a cooperative, negotiated transition to a regime
that does not feature an offense-only form of deterrence as the
basis for strategic stability.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in paragraph (1) of section 233, the Secretary of Defense
shall restructure the core theater missile defense program to consist of
the following systems, to be carried out so as to achieve the specified
capabilities:
(1) The Patriot PAC-3 system, with a first unit equipped
(FUE) during fiscal year 1998.
[[Page 110 STAT. 230]]
(2) The Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability during fiscal
year 1997 and an initial operational capability (IOC) during
fiscal year 1999.
(3) The Theater High-Altitude Area Defense (THAAD) system,
with a user operational evaluation system (UOES) capability not
later than fiscal year 1998 and a first unit equipped (FUE) not
later than fiscal year 2000.
(4) The Navy Upper Tier (Theater Wide) system, with a user
operational evaluation system (UOES) capability during fiscal
year 1999 and an initial operational capability (IOC) during
fiscal year 2001.
(b) Use of Streamlined Acquisition Procedures.--The Secretary of
Defense shall prescribe and use streamlined acquisition policies and
procedures to reduce the cost and increase the efficiency of developing
and deploying the theater missile defense systems specified in
subsection (a).
(c) Interoperability and Support of Core Systems.--To maximize
effectiveness and flexibility of the systems comprising the core theater
missile defense program, the Secretary of Defense shall ensure that
those systems are integrated and complementary and are fully capable of
exploiting external sensor and battle management support from systems
such as--
(A) the Cooperative Engagement Capability (CEC) system of
the Navy;
(B) airborne sensors; and
(C) space-based sensors (including, in particular, the Space
and Missile Tracking System).
(d) Follow-on Systems.--(1) The Secretary of Defense shall prepare
an affordable development plan for theater missile defense systems to be
developed as follow-on systems to the core systems specified in
subsection (a). The Secretary shall make the selection of a system for
inclusion in the plan based on the capability of the system to satisfy
military requirements not met by the systems in the core program and on
the capability of the system to use prior investments in technologies,
infrastructure, and battle-management capabilities that are incorporated
in, or associated with, the systems in the core program.
(2) <<NOTE: Notice.>> The Secretary may not proceed with the
development of a follow-on theater missile defense system beyond the
Demonstration/Validation stage of development unless the Secretary
designates that system as a part of the core program under this section
and submits to the congressional defense committees notice of that
designation. <<NOTE: Reports.>> The Secretary shall include with any
such notification a report describing--
(A) the requirements for the system and the specific threats
that such system is designed to counter;
(B) how the system will relate to, support, and build upon
existing core systems;
(C) the planned acquisition strategy for the system; and
(D) a preliminary estimate of total program cost for that
system and the effect of development and acquisition of such
system on Department of Defense budget projections.
(e) Program Accountability Report.--(1) As part of the annual report
of the Ballistic Missile Defense Organization required by section 224 of
Public Law 101-189 (10 U.S.C. 2431 note), the Secretary of Defense shall
describe the technical milestones, the
[[Page 110 STAT. 231]]
schedule, and the cost of each phase of development and acquisition
(together with total estimated program costs) for each core and follow-
on theater missile defense program.
(2) As part of such report, the Secretary shall describe, with
respect to each program covered in the report, any variance in the
technical milestones, program schedule milestones, and costs for the
program compared with the information relating to that program in the
report submitted in the previous year and in the report submitted in the
first year in which that program was covered.
(f) <<NOTE: Certification.>> Reports on TMD System Limitations Under
ABM Treaty.--(1) Whenever, after January 1, 1993, the Secretary of
Defense issues a certification with respect to the compliance of a
particular Theater Missile Defense system with the ABM Treaty, the
Secretary shall transmit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a copy of such certification. Such transmittal shall be
made not later than 30 days after the date on which such certification
is issued, except that in the case of a certification issued before the
date of the enactment of this Act, such transmittal shall be made not
later than 60 days after the date of the enactment of this Act.
(2) If a certification under paragraph (1) is based on application
of a policy concerning United States compliance with the ABM Treaty that
differs from the policy described in section 235(b)(1), the Secretary
shall include with the transmittal under that paragraph a report
providing a detailed assessment of--
(A) how the policy applied differs from the policy described
in section 235(b)(1); and
(B) how the application of that policy (rather than the
policy described in section 235(b)(1)) will affect the cost,
schedule, and performance of that system.
SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING THEATER
MISSILE DEFENSE SYSTEMS.
(a) Findings.--(1) Congress hereby reaffirms--
(A) the finding in section 234(a)(7) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1595; 10 U.S.C. 2431 note) that the ABM Treaty was not
intended to, and 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; and
(B) the statement in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2700) that the United States shall not be bound by any
international agreement entered into by the President that would
substantively modify the ABM Treaty unless the agreement is
entered into pursuant to the treaty making power of the
President under the Constitution.
(2) Congress also finds that the demarcation standard described in
subsection (b)(1) for compliance of a missile defense system,
[[Page 110 STAT. 232]]
system upgrade, or system component with the ABM Treaty is based upon
current technology.
(b) Sense of Congress Concerning Compliance Policy.--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 in an ABM-
qualifying flight test (as defined in subsection (e)), that
system, system upgrade, or system component has not, for
purposes of the ABM Treaty, been tested in an ABM mode nor been
given capabilities to counter strategic ballistic missiles and,
therefore, is not subject to any application, limitation, or
obligation under the ABM Treaty; and
(2) any international agreement that would limit the
research, development, testing, or deployment of missile defense
systems, system upgrades, or system components that are designed
to counter modern theater ballistic missiles in a manner that
would be more restrictive than the compliance criteria specified
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, or any understanding
with respect to interpretation of the ABM Treaty, between the United
States and any of the independent states of the former Soviet Union
entered into after January 1, 1995, that--
(1) would establish a demarcation between theater missile
defense systems and anti-ballistic missile systems for purposes
of the ABM Treaty; or
(2) would restrict the performance, operation, or deployment
of United States theater missile defense systems.
(d) Exceptions.--Subsection (c) does not apply--
(1) to the extent provided by law in an Act enacted after
this Act;
(2) to expenditures to implement that portion of any such
agreement or understanding that implements the policy set forth
in subsection (b)(1); or
(3) to expenditures to implement any such agreement or
understanding that is approved as a treaty or by law.
(e) ABM-Qualifying Flight Test Defined.--For purposes of this
section, an ABM-qualifying flight test is a flight test against a
ballistic missile which, in that flight test, exceeds (1) a range of
3,500 kilometers, or (2) a velocity of 5 kilometers per second.
SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
It is in the interest of the United States to develop its own
missile defense capabilities in a manner that will permit the United
States to complement the missile defense capabilities developed and
deployed by its allies and possible coalition partners. Therefore, the
Congress urges the President--
(1) to pursue high-level discussions with allies of the
United States and selected other states on the means and methods
by which the parties on a bilateral basis can cooperate in the
development, deployment, and operation of ballistic missile
defenses;
[[Page 110 STAT. 233]]
(2) to take the initiative within the North Atlantic Treaty
Organization to develop consensus in the Alliance for a timely
deployment of effective ballistic missile defenses by the
Alliance; and
(3) in the interim, to seek agreement with allies of the
United States and selected other states on steps the parties
should take, consistent with their national interests, to reduce
the risks posed by the threat of limited ballistic missile
attacks, such steps to include--
(A) the sharing of early warning information derived
from sensors deployed by the United States and other
states;
(B) the exchange on a reciprocal basis of technical
data and technology to support both joint development
programs and the sale and purchase of missile defense
systems and components; and
(C) operational level planning to exploit current
missile defense capabilities and to help define future
requirements.
SEC. 237. 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 Missile Systems,
and signed at Moscow on May 26, 1972, and includes the Protocols to that
Treaty, signed at Moscow on July 3, 1974.
SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is repealed.
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 251. <<NOTE: 10 USC 221 note.>> 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 with 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) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
(b) Treatment of Core Theater Missile Defense Programs.--Amounts
requested for core theater missile defense programs specified in section
234 shall be specified in individual, dedicated program elements, and
amounts appropriated for such
[[Page 110 STAT. 234]]
programs shall be available only for activities covered by those program
elements.
(c) BM/C<SUP>3</SUP>I Programs.--Amounts requested for programs,
projects, and activities involving battle management, command, control,
communications, and intelligence (BM/C<SUP>3</SUP>I) shall be included
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.
(d) 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. 252. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Subsection (a) of section 237 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1600) is amended
to read as follows:
``(a) <<NOTE: Certification.>> Testing of Theater Missile Defense
Interceptors.--(1) 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.
``(2) In order to be certified under paragraph (1) as having been
successfully completed, the initial operational test and evaluation
conducted with respect to an interceptors program must have included
flight tests--
``(A) that were conducted with multiple interceptors and
multiple targets in the presence of realistic countermeasures;
and
``(B) the results of which demonstrate the achievement by
the interceptors of the baseline performance thresholds.
``(3) For purposes of this subsection, 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.
``(4) The number of flight tests described in paragraph (2) that are
required in order to make the certification under paragraph (1) shall be
a number determined by the Secretary of Defense to be sufficient for the
purposes of this section.
``(5) The Secretary may augment live-fire testing to demonstrate
weapons system performance goals for purposes of the certification under
paragraph (1) through the use of modeling and simulation that is
validated by ground and flight testing.''.
SEC. 253. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) Section 222 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 613; 10 U.S.C. 2431
note).
(2) Section 225 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 614).
(3) 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).
[[Page 110 STAT. 235]]
(4) Section 8123 of the Department of Defense Appropriations
Act, 1989 (Public Law 100-463; 102 Stat. 2270-40).
(5) Section 8133 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 105 Stat. 1211).
(6) 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).
(7) Section 242 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1603; 10
U.S.C. 2431 note).
(8) 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).
(9) Section 2609 of title 10, United States Code.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 261. 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 complementary capabilities against each
target class.
(2) The feasibility of carrying out joint development and
procurement of additional types of munitions 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 the
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 April 15, 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.
[[Page 110 STAT. 236]]
(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 after April 15,
1996, unless the Secretary of Defense has submitted the report under
subsection (b).
(d) Interim Precision-Guided Munition Defined.--For purposes of
subsection (c), 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 that are covered by the
future years defense program submitted to Congress in 1995 under section
221(a) of title 10, United States Code.
SEC. 262. <<NOTE: 10 USC 113 note.>> REVIEW OF C<SUP>4</SUP>I BY
NATIONAL RESEARCH COUNCIL.
(a) Review by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall request the National Research Council of the National Academy of
Sciences to conduct a comprehensive review of current and planned
service and defense-wide programs for command, control, communications,
computers, and intelligence (C<SUP>4</SUP>I) with a special focus on
cross-service and inter-service issues.
(b) Matters To Be Assessed in Review.--The review shall address the
following:
(1) The match between the capabilities provided by current
service and defense-wide C<SUP>4</SUP>I programs and the actual
needs of users of these programs.
(2) The interoperability of service and defense-wide
C<SUP>4</SUP>I systems that are planned to be operational in the
future.
(3) The need for an overall defense-wide architecture for
C<SUP>4</SUP>I.
(4) Proposed strategies for ensuring that future
C<SUP>4</SUP>I acquisitions are compatible and interoperable
with an overall architecture.
(5) Technological and administrative aspects of the
C<SUP>4</SUP>I modernization effort to determine the soundness
of the underlying plan and the extent to which it is consistent
with concepts for joint military operations in the future.
(c) Two-Year Period for Conducting Review.--The review shall be
conducted over the two-year period beginning on the date on which the
National Research Council and the Secretary of Defense enter into a
contract or other agreement for the conduct of the review.
(d) Reports.--(1) In the contract or other agreement for the conduct
of the review, the Secretary of Defense shall provide that the National
Research Council shall submit to the Department of Defense and Congress
interim reports and progress updates on a regular basis as the review
proceeds. A final report on the review shall set forth the findings,
conclusions, and recommendations of the Council for defense-wide and
service C<SUP>4</SUP>I programs and shall be submitted to the Committee
on Armed Services of the Senate, the Committee on National Security of
the House of Representatives, and the Secretary of Defense.
(2) To the maximum degree possible, the final report shall be
submitted in unclassified form with classified annexes as necessary.
[[Page 110 STAT. 237]]
(e) Interagency Cooperation With Study.--All military departments,
defense agencies, and other components of the Department of Defense
shall cooperate fully with the National Research Council in its
activities in carrying out the review under this section.
(f) Expedited Processing of Security Clearances for Study.--For the
purpose of facilitating the commencement of the study under this
section, the Secretary of Defense shall expedite to the fullest degree
possible the processing of security clearances that are necessary for
the National Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated in section
201 for defense-wide activities, $900,000 shall be available for the
study under this section.
SEC. 263. ANALYSIS OF CONSOLIDATION OF BASIC RESEARCH ACCOUNTS OF
MILITARY DEPARTMENTS.
(a) Analysis Required.--The Secretary of Defense shall conduct an
analysis of the cost and effectiveness of consolidating the basic
research accounts of the military departments. The analysis shall
determine potential infrastructure savings and other benefits of co-
locating and consolidating the management of basic research.
(b) Deadline.--On or before March 1, 1996, 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 analysis conducted under subsection (a).
SEC. 264. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO FISCAL
YEAR FOR ANNUAL REPORT ON CERTAIN
CONTRACTS TO COLLEGES AND UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is amended--
(1) by striking out ``calendar year'' and inserting in lieu
thereof ``fiscal year''; and
(2) by striking out ``the year after the year'' and
inserting in lieu thereof ``the fiscal year after the fiscal
year''.
SEC. 265. AERONAUTICAL RESEARCH AND TEST CAPABILITIES ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) It is in the Nation's long-term national security
interests for the United States to maintain preeminence in the
area of aeronautical research and test capabilities.
(2) Continued advances in aeronautical science and
engineering are critical to sustaining the strategic and
tactical air superiority of the United States and coalition
forces, as well as United States economic security and
international aerospace leadership.
(3) It is in the national security and economic interests of
the United States and the budgetary interests of the Department
of Defense for the department to encourage the establishment of
active partnerships between the department and other Government
agencies, academic institutions, and private industry to
develop, maintain, and enhance aeronautical research and test
capabilities.
(b) Review.--The Secretary of Defense shall conduct a comprehensive
review of the aeronautical research and test facilities and capabilities
of the United States in order to assess the current condition of such
facilities and capabilities.
[[Page 110 STAT. 238]]
(c) Report.--(1) Not later than March 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a report
setting forth in detail the findings of the review required by
subsection (b).
(2) The report shall include the following:
(A) The options for providing affordable, operable,
reliable, and responsive long-term aeronautical research and
test capabilities for military and civilian purposes and for the
organization and conduct of such capabilities within the
Department or through shared operations with other Government
agencies, academic institutions, and private industry.
(B) The projected costs of such options, including costs of
acquisition and technical and financial arrangements (including
the use of Government facilities for reimbursable private use).
(C) Recommendations on the most efficient and economic means
of developing, maintaining, and continually modernizing
aeronautical research and test capabilities to meet current,
planned, and prospective military and civilian needs.
Subtitle F--Other Matters
SEC. 271. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2693) is amended--
(1) in subsection (a), by striking out ``to help achieve''
and all that follows through the end of the subsection and
inserting in lieu thereof ``to ensure that lithographic
processes being developed by United States-owned companies or
United States-incorporated companies operating in the United
States will lead to superior performance electronics systems for
the Department of Defense.'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) The Director of the Defense Advanced Research Projects Agency
may set priorities and funding levels for various technologies being
developed for the ALP and shall consider funding recommendations made by
the Semiconductor Industry Association as being advisory in nature.'';
(3) in subsection (c)--
(A) by inserting ``Defense'' before ``Advanced'';
and
(B) by striking out ``ARPA'' both places it appears
and inserting in lieu thereof ``DARPA''; and
(4) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) The term `United States-owned company' means a company
the majority ownership or control of which is held by citizens
of the United States.
``(2) The term `United States-incorporated company' means a
company that the Secretary of Defense finds is incorporated in
the United States and has a parent company that is incorporated
in a country--
``(A) that affords to United States-owned companies
opportunities, comparable to those afforded to any other
company, to participate in any joint venture similar to
[[Page 110 STAT. 239]]
those authorized under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n);
``(B) that affords to United States-owned companies
local investment opportunities comparable to those
afforded to any other company; and
``(C) that affords adequate and effective protection
for the intellectual property rights of United States-
owned companies.''.
SEC. 272. ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG-M) SYSTEM.
(a) Limitations.--(1) The Secretary of the Army may not obligate
more than $280,000,000 (based on fiscal year 1995 constant dollars) to
develop and deliver for test and evaluation by the Army the following
items:
(A) 44 enhanced fiber optic guided test missiles.
(B) 256 fully operational enhanced fiber optic guided
missiles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the enhanced
fiber optic guided missile (EFOG-M) system after September 30, 1998, if
the items described in paragraph (1) have not been delivered to the Army
by that date and at a cost not greater than the amount set forth in
paragraph (1).
(3) The Secretary of the Army may not enter into an advanced
development phase for the EFOG-M system unless--
(A) an advanced concept technology demonstration of the
system has been successfully completed; and
(B) the Secretary certifies to the congressional defense
committees that there is a requirement for the EFOG-M system
that is supported by a cost and operational effectiveness
analysis.
(b) Government-Furnished Equipment.--The Secretary of the Army shall
ensure that all Government-furnished equipment that the Army agrees to
provide under the contract for the EFOG-M system is provided to the
prime contractor in accordance with the terms of the contract.
SEC. 273. 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 average annual 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 three fiscal years preceding the fiscal year for
which the designation is effective or for the last three fiscal
years for which statistics are available is less than the amount
determined by multiplying 60 percent times the amount equal to
\1/50\ of the total average annual 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 three preceding or last
fiscal years, as the case may be (to be determined in
consultation with the Secretary of Defense);''.
[[Page 110 STAT. 240]]
SEC. 274. CRUISE MISSILE DEFENSE INITIATIVE.
(a) In General.--The Secretary of Defense shall undertake an
initiative to coordinate and strengthen the cruise missile defense
programs of the Department of Defense to ensure that the United States
develops and deploys affordable and operationally effective defenses
against existing and future cruise missile threats to United States
military forces and operations.
(b) Coordination With Ballistic Missile Defense Efforts.--In
carrying out subsection (a), the Secretary shall ensure that, to the
extent practicable, the cruise missile defense programs of the
Department of Defense and the ballistic missile defense programs of the
Department of Defense are coordinated with each other and that those
programs are mutually supporting.
(c) Defenses Against Existing and Near-Term Cruise Missile
Threats.--As part of the initiative under subsection (a), the Secretary
shall ensure that appropriate existing and planned air defense systems
are upgraded to provide an affordable and operationally effective
defense against existing and near-term cruise missile threats to United
States military forces and operations.
(d) Defenses Against Advanced Cruise Missiles.--As part of the
initiative under subsection (a), the Secretary shall undertake a well-
coordinated development program to support the future deployment of
cruise missile defense systems that are affordable and operationally
effective against advanced cruise missiles, including cruise missiles
with low observable features.
(e) 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 the following:
(1) The systems of the Department of Defense that currently
have or could have cruise missile defense capabilities and
existing programs of the Department of Defense 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 those technologies for deployment.
(3) The cost and operational tradeoffs, if any, between (A)
upgrading existing air and missile defense systems, and (B)
accelerating follow-on systems with significantly improved
capabilities against advanced cruise missiles.
(4) The organizational and management changes that would
strengthen and further coordinate the cruise missile defense
programs of the Department of Defense, including the
disadvantages, if any, of implementing such changes.
(f) Definition.--For the purposes of this section, the term ``cruise
missile defense programs'' means the programs, projects, and activities
of the military departments, the Advanced Research Projects Agency, and
the Ballistic Missile Defense Organization relating to development and
deployment of defenses against cruise missiles.
[[Page 110 STAT. 241]]
SEC. 275. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1701) <<NOTE: 10 USC 2358
note.>> is amended--
(1) in subsections (a) and (b), by striking out ``shall''
both places it appears and inserting in lieu thereof ``may'';
and
(2) in subsection (e), by striking out the sentence
beginning with ``Such selection process''.
SEC. 276. MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2525 of title 10, United States Code, is
amended as follows:
(1) The heading is amended by striking out the second and
third words.
(2) Subsection (a) is amended--
(A) by striking out ``Science and''; and
(B) by inserting after the first sentence the
following: ``The Secretary shall use the joint planning
process of the directors of the Department of Defense
laboratories in establishing the program.''.
(3) Subsection (c) is amended--
(A) by inserting ``(1)'' after ``(c) Execution.--'';
and
(B) 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.''.
(4) Subsection (d) is amended--
(A) in paragraph (2)--
(i) by striking out ``or'' at the end of
subparagraph (A);
(ii) by striking out the period at the end of
subparagraph (B) and inserting in lieu thereof ``;
or''; and
(iii) by adding at the end the following new
subparagraph:
``(C) will be carried out by an institution of higher
education.''; and
(B) by adding at the end the following new
paragraphs:
``(3) At least 25 percent of the funds available for the program
each fiscal year shall be used for awarding grants and entering into
contracts, cooperative agreements, and other transactions on a cost-
share basis under which the ratio of recipient cost to Government cost
is two to one.
``(4) If the requirement of paragraph (3) cannot be met by July 15
of a fiscal year, the Under Secretary of Defense for Acquisition and
Technology may waive the requirement and obligate the balance of the
funds available for the program for that fiscal year on a cost-share
basis under which the ratio of recipient cost to Government cost is less
than two to one. Before implementing any such waiver, the Under
Secretary shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
the reasons for the waiver.''.
[[Page 110 STAT. 242]]
(b) Clerical Amendment.--The item relating to section 2525 in the
table of sections at the beginning of subchapter IV of chapter 148 of
title 10, United States Code, is amended to read as follows:
``2525. Manufacturing Technology Program.''.
SEC. 277. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE LABORATORIES
AND TEST AND EVALUATION CENTERS.
(a) Five-Year Plan.--The Secretary of Defense, acting through the
Vice Chief of Staff of the Army, the Vice Chief of Naval Operations, and
the Vice Chief of Staff of the Air Force (in their roles as test and
evaluation executive agent board of directors) shall develop a five-year
plan to consolidate and restructure the laboratories and test and
evaluation centers of the Department of Defense.
(b) Objective.--The plan shall set forth the specific actions needed
to consolidate the laboratories and test and evaluation centers into as
few laboratories and centers as is practical and possible, in the
judgment of the Secretary, by October 1, 2005.
(c) Previously Developed Data Required To Be Used.--In developing
the plan, the Secretary shall use the following:
(1) Data and results obtained by the Test and Evaluation
Joint Cross-Service Group and the Laboratory Joint Cross-Service
Group in developing recommendations for the 1995 report of the
Defense Base Closure and Realignment Commission.
(2) The report dated March 1994 on the consolidation and
streamlining of the test and evaluation infrastructure,
commissioned by the test and evaluation board of directors,
along with all supporting data and reports.
(d) Matters To Be Considered.--In developing the plan, the Secretary
shall consider, at a minimum, the following:
(1) Consolidation of common support functions, including the
following:
(A) Aircraft (fixed wing and rotary) support.
(B) Weapons support.
(C) Space systems support.
(D) Support of command, control, communications,
computers, and intelligence.
(2) The extent to which any military construction,
acquisition of equipment, or modernization of equipment is
planned at the laboratories and centers.
(3) The encroachment on the laboratories and centers by
residential and industrial expansion.
(4) The total cost to the Federal Government of continuing
to operate the laboratories and centers.
(5) The cost savings and program effectiveness of locating
laboratories and centers at the same sites.
(6) Any loss of expertise resulting from the consolidations.
(7) Whether any legislation is neccessary to provide the
Secretary with any additional authority necessary to accomplish
the downsizing and consolidation of the laboratories and
centers.
(e) Report.--Not later than May 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees a report on the
plan. The report shall include an identification of any additional
legislation that the Secretary considers necessary in order for the
Secretary to accomplish the downsizing and consolidation of the
laboratories and centers.
[[Page 110 STAT. 243]]
(f) Limitation.--Of the amounts appropriated or otherwise made
available pursuant to an authorization of appropriations in section 201
for the central test and evaluation investment development program, not
more than 75 percent may be obligated before the report required by
subsection (e) is submitted to Congress.
SEC. 278. LIMITATION ON T-38 AVIONICS UPGRADE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure that, in
evaluating proposals submitted in response to a solicitation issued for
a contract for the T-38 Avionics Upgrade Program, the proposal of an
entity may not be considered unless--
(1) in the case of an entity that conducts substantially all
of its business in a foreign country, the foreign country
provides equal access to similar contract solicitations in that
country to United States entities; and
(2) in the case of an entity that conducts business in the
United States but that is owned or controlled by a foreign
government or by an entity incorporated in a foreign country,
the foreign government or foreign country of incorporation
provides equal access to similar contract solicitations in that
country to United States entities.
(b) Definition.--In this section, the term ``United States entity''
means an entity that is owned or controlled by persons a majority of
whom are United States citizens.
SEC. 279. GLOBAL POSITIONING SYSTEM.
(a) Conditional Prohibition on Use of Selective Availability
Feature.--Except as provided in subsection (b), after
May 1, 1996, the Secretary of Defense may not (through use of the
feature known as ``selective availability'') deny access of non-
Department of Defense users to the full capabilities of the Global
Positioning System.
(b) Plan.--Subsection (a) shall cease to apply upon submission 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 of a plan for enhancement of the Global Positioning
System that provides for--
(1) development and acquisition of 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 have access to and use
of the system, together with a specific date by which those
capabilities could be operational; and
(2) development and acquisition of receivers for the Global
Positioning System and other techniques for weapons and weapon
systems that provide substantially improved resistance to
jamming and other forms of electronic interference or
disruption, together with a specific date by which those
receivers and other techniques could be operational with United
States military forces.
SEC. 280. 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
[[Page 110 STAT. 244]]
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 those areas in the center that
are designated for general use.''.
(b) Authority for Support.--Subsection (c) of such section is
amended to read as 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, a
nonprofit corporation of the State of Georgia, 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 or unconditional 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) <<NOTE: Regulations.>> 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 paragraph (1) of subsection (f), as redesignated by
paragraph (2), by inserting ``areas designated for use by the
Army 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, to develop, manage,
[[Page 110 STAT. 245]]
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.''.
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, $18,746,695,000.
(2) For the Navy, $21,493,155,000.
(3) For the Marine Corps, $2,521,822,000.
(4) For the Air Force, $18,719,277,000.
(5) For Defense-wide activities, $9,910,476,000.
(6) For the Army Reserve, $1,129,191,000.
(7) For the Naval Reserve, $868,342,000.
(8) For the Marine Corps Reserve, $100,283,000.
(9) For the Air Force Reserve, $1,516,287,000.
(10) For the Army National Guard, $2,361,808,000.
(11) For the Air National Guard, $2,760,121,000.
(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, $1,422,200,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For support for the 1996 Summer Olympics, $15,000,000.
(18) For Cooperative Threat Reduction programs,
$300,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund, $878,700,000.
(2) For the National Defense Sealift Fund, $1,024,220,000.
[[Page 110 STAT. 246]]
SEC. 303. ARMED FORCES RETIREMENT HOME.
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. CIVIL AIR PATROL.
Of the amounts authorized to be appropriated pursuant to this Act,
there shall be made available to the Civil Air Patrol $24,500,000, of
which $14,704,000 shall be made available for the Civil Air Patrol
Corporation.
Subtitle B--Depot-Level Activities
SEC. 311. <<NOTE: 10 USC 2464 note.>> POLICY REGARDING PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR FOR THE DEPARTMENT OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense does not have a comprehensive
policy regarding the performance of depot-level maintenance and
repair of military equipment.
(2) The absence of such a policy has caused the Congress to
establish guidelines for the performance of such functions.
(3) It is essential to the national security of the United
States that the Department of Defense maintain an organic
capability within the department, including skilled personnel,
technical competencies, equipment, and facilities, to perform
depot-level maintenance and repair of military equipment in
order to ensure that the Armed Forces of the United States are
able to meet training, operational, mobilization, and emergency
requirements without impediment.
(4) The organic capability of the Department of Defense to
perform depot-level maintenance and repair of military equipment
must satisfy known and anticipated core mainte
[[Page 110 STAT. 247]]
nance and repair requirements across the full range of peacetime
and wartime scenarios.
(5) Although it is possible that savings can be achieved by
contracting with private-sector sources for the performance of
some work currently performed by Department of Defense depots,
the Department of Defense has not determined the type or amount
of work that should be performed under contract with private-
sector sources nor the relative costs and benefits of
contracting for the performance of such work by those sources.
(b) Sense of Congress.--It is the sense of Congress that there is a
compelling need for the Department of Defense to articulate known and
anticipated core maintenance and repair requirements, to organize the
resources of the Department of Defense to meet those requirements
economically and efficiently, and to determine what work should be
performed by the private sector and how such work should be managed.
(c) <<NOTE: Reports.>> 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 that maintains the capability described in section 2464 of title
10, United States Code.
(d) Content of Policy.--In developing the policy, the Secretary of
Defense shall do each of the following:
(1) Identify for each military department, with the
concurrence of the Secretary of that military department, those
depot-level maintenance and repair activities that are necessary
to ensure the depot-level maintenance and repair capability as
required by section 2464 of title 10, United States Code.
(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 that--
(A) is of the proper size (i) to ensure a ready and
controlled source of technical competence and repair and
maintenance capability necessary to meet the
requirements of the National Military Strategy and other
requirements for responding to mobilizations and
military contingencies, and (ii) to provide for rapid
augmentation in time of emergency; and
(B) is assigned sufficient workload to ensure cost
efficiency and technical proficiency in time of peace.
(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) Address issues concerning exchange of technical data
between the Federal Government and the private sector.
(7) Provide for, in the Secretary's discretion and after
consultation with the Secretaries of the military departments,
the transfer from one military department to another, in accord
[[Page 110 STAT. 248]]
ance with merit-based selection processes, workload that
supports the core depot-level maintenance and repair
capabilities in facilities owned and operated by the United
States.
(8) Require that, in any competition for a workload (whether
among private-sector sources or between depot-level activities
of the Department of Defense and private-sector sources), bids
are evaluated under a methodology that ensures that appropriate
costs to the Government and the private sector are identified.
(9) Provide for the performance of maintenance and repair
for any new weapons systems defined as core, under section 2464
of title 10, United States Code, in facilities owned and
operated by the United States.
(e) Considerations.--In developing the policy, the Secretary shall
take into consideration the following matters:
(1) The national security interests of the United States.
(2) 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.
(3) Any applicable recommendations of the Defense Base
Closure and Realignment Commission that are required to be
implemented under the Defense Base Closure and Realignment Act
of 1990.
(4) The extent to which the readiness of the Armed Forces
would be affected by a necessity to construct new facilities to
accommodate any redistribution of depot-level maintenance and
repair workloads that is made in accordance with the
recommendation of the Defense Base Closure and Realignment
Commission, under the Defense Base Closure and Realignment Act
of 1990, that such workloads be consolidated at Department of
Defense depots or private-sector facilities.
(5) Analyses of costs and benefits of alternatives,
including a comparative analysis of--
(A) the costs and benefits, including any readiness
implications, of any proposed policy to convert to
contractor performance of depot-level maintenance and
repair workloads where the workload is being performed
by Department of Defense personnel; and
(B) the costs and benefits, including any readiness
implications, of a policy to transfer depot-level
maintenance and repair workloads among depots.
(f) 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) <<NOTE: Effective date.>> 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
[[Page 110 STAT. 249]]
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).
(g) Annual Report.--If legislation referred to in subsection (f)(3)
is enacted, the Secretary of Defense shall, not later than March 1 of
each year (beginning with the year after the year in which such
legislation is enacted), submit to Congress a report that--
(1) specifies depot maintenance core capability requirements
determined in accordance with the procedures established to
comply with the policy prescribed pursuant to
subsections (d)(2) and (d)(3);
(2) specifies the planned amount of workload to be
accomplished by the depot-level activities of each military
department in support of those requirements for the following
fiscal year; and
(3) identifies the planned amount of workload, which--
(A) shall be measured by direct labor hours and by
amounts to be expended; and
(B) shall be shown separately for each commodity
group.
(h) Review by General Accounting Office.--(1) The Secretary shall
make available to the Comptroller General of the United States all
information used by the Department of Defense in developing the policy
under subsections (c) through (e) of this section.
(2) <<NOTE: Reports.>> Not later than 45 days after the date on
which the Secretary submits to Congress the report required by
subsection (c), the Comptroller General shall transmit to Congress a
report containing a detailed analysis of the Secretary's proposed policy
as reported under such subsection.
(i) Report on Depot-Level Maintenance and Repair Workload.--Not
later than March 31, 1996, the Secretary of Defense shall submit to
Congress a report on the depot-level maintenance and repair workload of
the Department of Defense. The report shall, to the maximum extent
practicable, include the following:
(1) An analysis of the need for and effect of the
requirement under section 2466 of title 10, United States Code,
that no more than 40 percent of the depot-level maintenance and
repair work of the Department of Defense be contracted for
performance by non-Government personnel, including a description
of the effect on military readiness and the national security
resulting from that requirement and a description of any
specific difficulties experienced by the Department of Defense
as a result of that requirement.
(2) An analysis of the distribution during the five fiscal
years ending with fiscal year 1995 of the depot-level
maintenance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense and
non-Government personnel, measured by direct labor hours
[[Page 110 STAT. 250]]
and by amounts expended, and displayed, for that five-year
period and for each year of that period, so as to show (for each
military department (and separately for the Navy and Marine
Corps)) such distribution.
(3) A projection of the distribution during the five fiscal
years beginning with fiscal year 1997 of the depot-level
maintenance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense and
non-Government personnel, measured by direct labor hours and by
amounts expended, and displayed, for that five-year period and
for each year of that period, so as to show (for each military
department (and separately for the Navy and Marine Corps)) such
distribution that would be accomplished under a new policy as
required under subsection (c).
(j) Other Review by General Accounting Office.--(1) The Comptroller
General of the United States shall conduct an independent audit of the
findings of the Secretary of Defense in the report under subsection (i).
The Secretary of Defense shall provide to the Comptroller General for
such purpose all information used by the Secretary in preparing such
report.
(2) <<NOTE: Reports.>> Not later than 45 days after the date on
which the Secretary of Defense submits to Congress the report required
under subsection (i), the Comptroller General shall transmit to Congress
a report containing a detailed analysis of the report submitted under
that subsection.
SEC. 312. MANAGEMENT OF DEPOT EMPLOYEES.
(a) Depot Employees.--Chapter 146 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2472. Management of depot employees
``(b) Annual Report.--Not later than December 1 of each fiscal year,
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 number of employees employed and
expected to be employed by the Department of Defense during that fiscal
year to perform depot-level maintenance and repair of materiel. The
report shall indicate whether that number is sufficient to perform the
depot-level maintenance and repair functions for which funds are
expected to be provided for that fiscal year for performance by
Department of Defense employees.''.
(b) Transfer of Subsection.--Subsection (b) of section 2466 of title
10, United States Code, is transferred to section 2472 of such title, as
added by subsection (a), redesignated as subsection (a), and inserted
after the section heading.
(c) <<NOTE: 10 USC 2472 note.>> Submission of Initial Report.--The
report under subsection (b) of section 2472 of title 10, United States
Code, as added by subsection (a), for fiscal year 1996 shall be
submitted not later than March 15, 1996 (notwithstanding the date
specified in such subsection).
[[Page 110 STAT. 251]]
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2472. Management of depot employees.''.
SEC. 313. 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) is amended by striking
out ``September 30, 1995'' and inserting in lieu thereof ``September 30,
1996''.
SEC. 314. MODIFICATION OF NOTIFICATION REQUIREMENT REGARDING USE
OF CORE LOGISTICS FUNCTIONS WAIVER.
Section 2464(b) of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu thereof the
following new paragraph:
``(3) A waiver under paragraph (2) may not take effect until the end
of the 30-day period beginning on the date on which the Secretary
submits a report on the waiver 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 House of
Representatives.''.
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 not provide for
reimbursement of the agency for regulatory enforcement
activities.''.
(2)(A) <<NOTE: 10 USC 2701 note.>> 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 $10,000,000.
(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) <<NOTE: Certification.>> the Secretary certifies to
Congress that the payment of the amount under this subparagraph
is essential for the
[[Page 110 STAT. 252]]
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) <<NOTE: 10 USC 2706 note.>> 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. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE ENVIRONMENTAL
RESTORATION ACCOUNT.
Section 2703(e) of title 10, United States Code, is amended to read
as follows:
``(e) Amounts Recovered.--The following amounts shall be credited to
the transfer account:
``(1) Amounts recovered under CERCLA for response actions of
the Secretary.
``(2) Any other amounts recovered by the Secretary or the
Secretary of the military department concerned from a
contractor, insurer, surety, or other person to reimburse the
Department of Defense for any expenditure for environmental
response activities.''.
SEC. 323. USE OF DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT.
(a) Goal for Certain DERA Expenditures.--It shall be the goal of the
Secretary of Defense to limit, by the end of fiscal year 1997, spending
for administration, support, studies, and investigations associated with
the Defense Environmental Restoration Account to 20 percent of the total
funding for that account.
(b) Report.--Not later than April 1, 1996, the Secretary shall
submit to Congress a report that contains specific, detailed information
on--
(1) the extent to which the Secretary has attained the goal
described in subsection (a) as of the date of the submission of
the report; and
(2) if the Secretary has not attained such goal by such
date, the actions the Secretary plans to take to attain the
goal.
SEC. 324. 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, characteristics, composition, and funding of restoration
advisory boards pursuant to this subsection.
``(B) 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:
[[Page 110 STAT. 253]]
``(3) The Secretary may authorize the commander of an installation
(or, if there is no such commander, an appropriate official of the
Department of Defense designated by the Secretary) 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, upon the request
of the technical review committee or restoration advisory board for an
installation, authorize the commander of the installation (or, if there
is no such commander, an appropriate official of the Department of
Defense designated by the Secretary) 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 conducted, or proposed to be conducted,
at the installation. The commander of an installation (or, if there is
no such commander, an appropriate official of the Department of Defense
designated by the Secretary) shall use funds made available under
subsection (g) for obtaining assistance under this paragraph.
``(2) The commander of an installation (or, if there is no such
commander, an appropriate official of the Department of Defense
designated by the Secretary) 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;
or
``(B) the technical assistance--
``(i) is likely to contribute to the efficiency,
effectiveness, or timeliness of environmental
restoration activities at the installation; and
``(ii) 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 new subsection:
``(g) Funding.--The Secretary shall, to the extent provided in
appropriations Acts, make funds available for administrative expenses
and technical assistance under this section 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).''.
[[Page 110 STAT. 254]]
(2)(A) <<NOTE: 10 USC 2705 note.>> 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 $6,000,000.
(B) Amounts may not be made available under subsection (g) of such
section 2705 after September 15, 1996, unless the Secretary of Defense
publishes proposed final or interim final regulations required under
subsection (d) of such section, as amended by subsection (a).
(e) Definition.--Such section is further amended by adding after
subsection (g) (as added by subsection (d)) the following new
subsection:
``(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, including
expenditures for administrative expenses and technical
assistance under section 2705 of this title, of the technical
review committee or restoration advisory board established for
the installation under such section during the preceding fiscal
year.''.
SEC. 325. DISCHARGES FROM VESSELS OF THE ARMED FORCES.
(a) <<NOTE: 33 USC 1322 note.>> Purposes.--The purposes of this
section are to--
(1) enhance the operational flexibility of vessels of the
Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel pollution
control technology; and
(3) advance the development by the United States Navy of
environmentally sound ships.
(b) Uniform National Discharge Standards Development.--Section 312
of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended
by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of the Armed
Forces.--
``(1) Applicability.--This subsection shall apply to vessels
of the Armed Forces and discharges, other than sewage,
incidental to the normal operation of a vessel of the Armed
Forces, unless the Secretary of Defense finds that compliance
with this subsection would not be in the national security
interests of the United States.
``(2) Determination of discharges required to be controlled
by marine pollution control devices.--
``(A) In general.--The Administrator and the
Secretary of Defense, after consultation with the
Secretary of the department in which the Coast Guard is
operating, the Secretary of Commerce, and interested
States, shall jointly determine the discharges
incidental to the normal
[[Page 110 STAT. 255]]
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 such
section. The Secretary of Defense shall require the use
of a marine pollution control device on board a vessel
of the Armed Forces in any case in which it is
determined that the use of such a device is reasonable
and practicable.
``(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 such 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
[[Page 110 STAT. 256]]
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 the 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
[[Page 110 STAT. 257]]
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 discharges
from a vessel of the Armed Forces.
``(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) <<NOTE: Regulations.>> 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
[[Page 110 STAT. 258]]
by the Federal Government, or the
military function, of the vessel.
``(ii) Approval or disapproval.--The
Administrator shall approve or disapprove an
application submitted under clause (i) not later
than 90 days after the date on which the
application is submitted to the Administrator.
Notwithstanding clause (i)(II), the Administrator
shall not disapprove an application for the sole
reason that there are not adequate facilities to
remove any discharge incidental to the normal
operation of a vessel from vessels of the Armed
Forces.
``(C) Applicability to foreign flagged vessels.--A
prohibition under this paragraph--
``(i) shall not impose any design,
construction, manning, or equipment standard on a
foreign flagged vessel engaged in innocent passage
unless the prohibition implements a generally
accepted international rule or standard; and
``(ii) that relates to the prevention,
reduction, and control of pollution shall not
apply to a foreign flagged vessel engaged in
transit passage unless the prohibition implements
an applicable international regulation regarding
the discharge of oil, oily waste, or any other
noxious substance into the waters.
``(8) Prohibition relating to vessels of the armed forces.--
After the effective date of the regulations promulgated by the
Secretary of Defense under paragraph (4), it shall be unlawful
for any vessel of the Armed Forces subject to the regulations
to--
``(A) operate in the navigable waters of the United
States or the waters of the contiguous zone, if the
vessel is not equipped with any required marine
pollution control device meeting standards established
under this subsection; or
``(B) discharge overboard any discharge incidental
to the normal operation of a vessel in waters with
respect to which a prohibition on the discharge has been
established under paragraph (7).
``(9) Enforcement.--This subsection shall be enforceable, as
provided in subsections (j) and (k), against any agency of the
United States responsible for vessels of the Armed Forces
notwithstanding any immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1322(a)) is amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of the United
States,'' after ``association,'';
(B) in paragraph (11), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal operation of a
vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water, cooling water,
weather deck runoff, ballast water, oil water
separator effluent,
[[Page 110 STAT. 259]]
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 the
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) <<NOTE: 33 USC 1322 note.>> 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
[[Page 110 STAT. 260]]
Water Pollution Control Act (as added by subsection (b)), including the
use of the resources--
(1) to 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) to establish performance standards for marine pollution
control devices on vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. OPERATION OF COMMISSARY SYSTEM.
(a) Cooperation With Other Entities.--Section 2482 of title 10,
United States Code, is amended--
(1) in the section heading, by striking out ``private'';
(2) by inserting ``(a) Private Operation.--'' before
``Private persons''; and
(3) by adding at the end the following new subsection:
``(b) Contracts With Other Agencies and Instrumentalities.--(1) The
Defense Commissary Agency, and any other agency of the Department of
Defense that supports the operation of the commissary system, may enter
into a contract or other agreement with another department, agency, or
instrumentality of the Department of Defense or another Federal agency
to provide services beneficial to the efficient management and operation
of the commissary system.
``(2) A commissary store operated by a nonappropriated fund
instrumentality of the Department of Defense shall be operated in
accordance with section 2484 of this title. Subject to such section, the
Secretary of Defense may authorize a transfer of goods, supplies, and
facilities of, and funds appropriated for, the Defense Commissary Agency
or any other agency of the Department of Defense that supports the
operation of the commissary system to a nonappropriated fund
instrumentality for the operation of a commissary store.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 147 of such title is
amended to read as follows:
``2482. Commissary stores: operation.''.
SEC. 332. LIMITED RELEASE OF COMMISSARY STORES SALES INFORMATION TO
MANUFACTURERS, DISTRIBUTORS, AND OTHER VENDORS DOING
BUSINESS WITH DEFENSE COMMISSARY AGENCY.
Section 2487(b) of title 10, United States Code, is amended in the
second sentence by inserting before the period the following: ``unless
the agreement is between the Defense Commissary Agency and a
manufacturer, distributor, or other vendor doing business with the
Agency and is restricted to information directly related
[[Page 110 STAT. 261]]
to merchandise provided by that manufacturer, distributor, or
vendor''.
SEC. 333. ECONOMICAL DISTRIBUTION OF DISTILLED SPIRITS BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Economical Distribution.--Subsection (a)(1) of section 2488 of
title 10, United States Code, is amended by inserting after ``most
competitive source'' the following: ``and distributed in the most
economical manner''.
(b) Determination of Most Economical Distribution Method.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) In the case of covered alcoholic beverage purchases of
distilled spirits, to determine whether a nonappropriated fund
instrumentality of the Department of Defense provides the most
economical method of distribution to package stores, the Secretary of
Defense shall consider all components of the distribution costs incurred
by the nonappropriated fund instrumentality, such as overhead costs
(including costs associated with management, logistics, administration,
depreciation, and utilities), the costs of carrying inventory, and
handling and distribution costs.
``(2) If the use of a private distributor would subject covered
alcoholic beverage purchases of distilled spirits to direct or indirect
State taxation, a nonappropriated fund instrumentality shall be
considered to be the most economical method of distribution regardless
of the results of the determination under paragraph (1).
``(3) The Secretary shall use the agencies performing audit
functions on behalf of the armed forces and the Inspector General of the
Department of Defense to make determinations under this subsection.''.
SEC. 334. TRANSPORTATION BY COMMISSARIES AND EXCHANGES TO OVERSEAS
LOCATIONS.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2643. Commissary and exchange services: transportation overseas
``The Secretary of Defense shall authorize the officials responsible
for operation of commissaries and military exchanges to negotiate
directly with private carriers for the most cost-effective
transportation of commissary and exchange supplies by sea without
relying on the Military Sealift Command or the Military Traffic
Management Command. Section 2631 of this title, regarding the preference
for vessels of the United States or belonging to the United States in
the transportation of supplies by sea, shall apply to the negotiation of
transportation contracts under the authority of this section.''.
[[Page 110 STAT. 262]]
(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. Commissary and exchange services: transportation overseas.''.
SEC. 335. <<NOTE: 10 USC 2241 note.>> DEMONSTRATION PROJECT FOR
UNIFORM FUNDING OF MORALE, WELFARE, AND
RECREATION ACTIVITIES AT CERTAIN MILITARY
INSTALLATIONS.
(a) Demonstration Project Required.--(1) The Secretary of Defense
shall conduct a demonstration project to evaluate the feasibility of
using only nonappropriated funds to support morale, welfare, and
recreation programs at military installations in order to facilitate the
procurement of property and services for those programs and the
management of employees used to carry out those programs.
(2) Under the demonstration project--
(A) procurements of property and services for programs
referred to in paragraph (1) may be carried out in accordance
with laws and regulations applicable to procurements paid for
with nonappropriated funds; and
(B) appropriated funds available for such programs may be
expended in accordance with laws applicable to expenditures of
nonappropriated funds as if the appropriated funds were
nonappropriated funds.
(3) <<NOTE: Regulations.>> The Secretary shall prescribe regulations
to carry out paragraph (2). The regulations shall provide for financial
management and accounting of appropriated funds expended in accordance
with subparagraph (B) of such paragraph.
(b) Covered Military Installations.--The Secretary shall select not
less than three and not more than six military installations to
participate in the demonstration project.
(c) <<NOTE: Termination date.>> Period of Demonstration Project.--
The demonstration project shall terminate not later than September 30,
1998.
(d) Effect on Employees.--For the purpose of testing fiscal
accounting procedures, the Secretary may convert, for the duration of
the demonstration project, the status of an employee who carries out a
program referred to in subsection (a)(1) from the status of an employee
paid by appropriated funds to the status of a nonappropriated fund
instrumentality employee, except that such conversion may occur only--
(1) if the employee whose status is to be converted--
(A) is fully informed of the effects of such
conversion on the terms and conditions of the employment
of that employee for purposes of title 5, United States
Code, and on the benefits provided to that employee
under such title; and
(B) consents to such conversion; or
(2) in a manner which does not affect such terms and
conditions of employment or such benefits.
(e) Reports.--(1) Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to Congress an interim
report on the implementation of this section.
(2) Not later than December 31, 1998, the Secretary shall submit to
Congress a final report on the results of the demonstration project. The
report shall include a comparison of--
(A) the cost incurred under the demonstration project in
using employees paid by appropriated funds together with
[[Page 110 STAT. 263]]
nonappropriated fund instrumentality employees to carry out the
programs referred to in subsection (a)(1); and
(B) an estimate of the cost that would have been incurred if
only nonappropriated fund instrumentality employees had been
used to carry out such programs.
SEC. 336. OPERATION OF COMBINED EXCHANGE AND COMMISSARY STORES.
(a) In General.--(1) Chapter 147 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2490a. Combined exchange and commissary stores
``(a) Authority.--The Secretary of Defense may authorize a
nonappropriated fund instrumentality to operate a military exchange and
a commissary store as a combined exchange and commissary store on a
military installation.
``(b) Limitations.--(1) Not more than ten combined exchange and
commissary stores may be operated pursuant to this section.
``(2) The Secretary may select a military installation for the
operation of a combined exchange and commissary store under this section
only if--
``(A) the installation is to be closed, or has been or is to
be realigned, under a base closure law; or
``(B) a military exchange and a commissary store are
operated at the installation by separate entities at the time
of, or immediately before, such selection and it is not
economically feasible to continue that separate operation.
``(c) <<NOTE: Texas.>> Operation at Carswell Field.--Combined
exchange and commissary stores operated under this section shall include
the combined exchange and commissary store that is operated at the Naval
Air Station Fort Worth, Joint Reserve Center, Carswell Field, Texas,
under the authority provided in section 375 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2736).
``(d) Adjustments and Surcharges.--Adjustments to, and surcharges
on, the sales price of a grocery food item sold in a combined exchange
and commissary store under this section shall be provided for in
accordance with the same laws that govern such adjustments and
surcharges for items sold in a commissary store of the Defense
Commissary Agency.
``(e) Use of Appropriated Funds.--(1) If a nonappropriated fund
instrumentality incurs a loss in operating a combined exchange and
commissary store at a military installation under this section as a
result of the requirement set forth in subsection (d), the Secretary may
authorize a transfer of funds available for the Defense Commissary
Agency to the nonappropriated fund instrumentality to offset the loss.
``(2) The total amount of appropriated funds transferred during a
fiscal year to support the operation of a combined exchange and
commissary store at a military installation under this section may not
exceed an amount that is equal to 25 percent of the amount of
appropriated funds that was provided for the operation of the commissary
store of the Defense Commissary Agency on that installation during the
last full fiscal year of operation of that commissary store.
``(f) Definitions.--In this section:
[[Page 110 STAT. 264]]
``(1) The term `nonappropriated fund instrumentality' means
the Army and Air Force Exchange Service, Navy Exchange Service
Command, Marine Corps exchanges, or any other instrumentality of
the United States under the jurisdiction of the Armed Forces
which is conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed Forces.
``(2) The term `base closure law' has the meaning given such
term by section 2667(g) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2490a. Combined exchange and commissary stores.''.
(b) Conforming Amendment.--Section 375 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2736) is amended by striking out ``, until December 31, 1995,''.
SEC. 337. DEFERRED PAYMENT PROGRAMS OF MILITARY EXCHANGES.
(a) <<NOTE: Contracts.>> Use of Commercial Banking Institution.--(1)
As soon as practicable after the date of the enactment of this Act, the
Secretary of Defense shall seek to enter into an agreement with a
commercial banking institution under which the institution agrees to
finance and operate the deferred payment program of the Army and Air
Force Exchange Service and the deferred payment program of the Navy
Exchange Service Command. The Secretary shall use competitive procedures
to enter into an agreement under this paragraph.
(2) In order to facilitate the transition of the operation of the
programs referred to in paragraph (1) to commercial operation under an
agreement described in that paragraph, the Secretary may initially limit
the scope of any such agreement so as to apply to only one of the
programs.
(b) Report.--Not later than December 31, 1995, the Secretary shall
submit to Congress a report on the implementation of this section. The
report shall also include an analysis of the impact of the deferred
payment programs referred to in subsection (a)(1), including the impact
of the default and collection procedures under such programs, on members
of the Armed Forces and their families.
SEC. 338. AVAILABILITY OF FUNDS TO OFFSET EXPENSES INCURRED BY
ARMY AND AIR FORCE EXCHANGE SERVICE ON
ACCOUNT OF TROOP REDUCTIONS IN EUROPE.
Of funds authorized to be appropriated under section 301(5), not
less than $70,000,000 shall be available to the Secretary of Defense for
transfer to the Army and Air Force Exchange Service to offset expenses
incurred by the Army and Air Force Exchange Service on account of
reductions in the number of members of the United States Armed Forces
assigned to permanent duty ashore in Europe.
SEC. 339. STUDY REGARDING IMPROVING EFFICIENCIES IN OPERATION OF
MILITARY EXCHANGES AND OTHER MORALE,
WELFARE, AND RECREATION ACTIVITIES AND
COMMISSARY STORES.
(a) Study Required.--The Secretary of Defense shall conduct a study
regarding the manner in which greater efficiencies can be achieved in
the operation of--
(1) military exchanges;
[[Page 110 STAT. 265]]
(2) other instrumentalities of the United States under the
jurisdiction of the Armed Forces which are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the Armed Forces; and
(3) commissary stores.
(b) Report of Study.--Not later than March 1, 1996, the Secretary of
Defense shall submit to Congress a report describing the results of the
study and containing such recommendations as the Secretary considers
appropriate to implement options identified in the study to achieve the
greater efficiencies referred to in subsection (a).
SEC. 340. 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; 10 U.S.C. 7604 note) is
amended--
(1) by striking out subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
(b) <<NOTE: Reports.>> Inspector General Review.--Not later than
April 1, 1996, the Inspector General of the Department of Defense shall
submit to Congress a report that reviews the report on the costs and
benefits of converting to operation of Navy ships' stores by
nonappropriated fund instrumentalities that the Navy Audit Agency
prepared in connection with the postponement of the deadline for the
conversion provided for in section 374(a) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2736).
SEC. 341. 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. 342. CLARIFICATION OF ENTITLEMENT TO USE OF MORALE, WELFARE,
AND RECREATION FACILITIES BY MEMBERS OF
RESERVE COMPONENTS AND DEPENDENTS.
(a) In General.--Section 1065 of title 10, United States Code, is
amended to read as follows:
``Sec. 1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents
``(a) Members of the Selected Reserve.--A member 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, a member of
the Ready Reserve (other than members of
[[Page 110 STAT. 266]]
the Selected Reserve) may be permitted to use MWR retail facilities on
the same basis as members serving on active duty.
``(c) Reserve Retirees Under Age 60.--A member or former member of a
reserve component under 60 years of age who, but for age, would be
eligible for retired pay under chapter 1223 of this title shall be
permitted to use MWR retail facilities on the same basis as members of
the armed forces entitled to retired pay under any other provision of
law.
``(d) Dependents.--(1) Dependents of a member who is permitted under
subsection (a) or (b) to use MWR retail facilities shall be permitted to
use such facilities on the same basis as dependents of members on active
duty.
``(2) Dependents of a member who is permitted under subsection (c)
to use MWR retail facilities shall be permitted to use such facilities
on the same basis as dependents of members of the armed forces entitled
to retired pay under any other provision of law.
``(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.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 54 of such title is
amended to read as follows:
``1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION
SERVICES.
(a) Requirement for Competitive Procurement.--Except as provided in
subsection (b), the Secretary of Defense shall, during fiscal year 1996
and consistent with the requirements of title 44, United States Code,
competitively procure printing and duplication services from private-
sector sources for the performance of at least 70 percent of the total
printing and duplication requirements of the Defense Printing Service.
(b) Exception for Classified Information.--The requirement of
subsection (a) shall not apply to the procurement of services for
printing and duplicating classified documents and information.
SEC. 352. <<NOTE: 10 USC 2458 note.>> DIRECT VENDOR DELIVERY
SYSTEM FOR CONSUMABLE INVENTORY ITEMS OF
DEPARTMENT OF DEFENSE.
(a) Implementation of Direct Vendor Delivery System.--Not later than
September 30, 1997, the Secretary of Defense shall, to the maximum
extent practicable, implement a system under which consumable inventory
items referred to in subsection (b) are delivered to military
installations throughout the United States directly by the vendors of
those items. The purpose for implementing the system is to reduce the
expense and necessity of maintaining extensive warehouses for those
items within the Department of Defense.
(b) Covered Items.--The items referred to in subsection (a) are the
following:
[[Page 110 STAT. 267]]
(1) Food and clothing.
(2) Medical and pharmaceutical supplies.
(3) Automotive, electrical, fuel, and construction supplies.
(4) Other consumable inventory items the Secretary considers
appropriate.
SEC. 353. PAYROLL, FINANCE, AND ACCOUNTING FUNCTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: 10 USC 2461 note.>> Plan for Private Operation of
Certain Functions.--(1) Not later than October 1, 1996, the Secretary of
Defense shall submit to Congress a plan for the performance by private-
sector sources of payroll functions for civilian employees of the
Department of Defense other than employees paid from nonappropriated
funds.
(2)(A) The Secretary shall implement the plan referred to in
paragraph (1) if the Secretary determines that the cost of performance
by private-sector sources of the functions referred to in that paragraph
does not exceed the cost of performance of those functions by employees
of the Federal Government.
(B) In computing the total cost of performance of such functions by
employees of the Federal Government, the Secretary shall include the
following:
(i) Managerial and administrative costs.
(ii) Personnel costs, including the cost of providing
retirement benefits for such personnel.
(iii) Costs associated with the provision of facilities and
other support by Federal agencies.
(C) The Defense Contract Audit Agency shall verify the costs
computed for the Secretary under this paragraph by others.
(3) <<NOTE: Reports.>> At the same time the Secretary submits the
plan required by paragraph (1), the Secretary shall submit to Congress a
report on other accounting and finance functions of the Department that
are appropriate for performance by private-sector sources.
(b) <<NOTE: 10 USC 2461 note.>> Pilot Program for Private Operation
of NAFI Functions.--(1) The Secretary shall carry out a pilot program to
test the performance by private-sector sources of payroll and other
accounting and finance functions of nonappropriated fund
instrumentalities and to evaluate the extent to which cost savings and
efficiencies would result from the performance of such functions by
those sources.
(2) The payroll and other accounting and finance functions
designated by the Secretary for performance by private-sector sources
under the pilot program shall include at least one major payroll,
accounting, or finance function.
(3) To carry out the pilot program, the Secretary shall enter into
discussions with private-sector sources for the purpose of developing a
request for proposals to be issued for performance by those sources of
functions designated by the Secretary under paragraph (2). The
discussions shall be conducted on a schedule that accommodates issuance
of a request for proposals within 60 days after the date of the
enactment of this Act.
(4) A goal of the pilot program is to reduce by at least 25 percent
the total costs incurred by the Department annually for the performance
of a function referred to in paragraph (2) through the performance of
that function by a private-sector source.
(5) Before conducting the pilot program, the Secretary shall develop
a plan for the program that addresses the following:
(A) The purposes of the program.
[[Page 110 STAT. 268]]
(B) The methodology, duration, and anticipated costs of the
program, including the cost of an arrangement pursuant to which
a private-sector source would receive an agreed-upon payment
plus an additional negotiated amount not to exceed 50 percent of
the dollar savings achieved in excess of the goal specified in
paragraph (4).
(C) A specific citation to any provisions of law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(D) A mechanism to evaluate the program.
(E) A provision for all payroll, accounting, and finance
functions of nonappropriated fund instrumentalities of the
Department of Defense to be performed by private-sector
sources, if determined advisable on the basis of a final assessment of
the results of the program.
(6) The Secretary shall act through the Under Secretary of Defense
(Comptroller) in the performance of the Secretary's responsibilities
under this subsection.
(c) Limitation on Opening of New Operating Locations for Defense
Finance and Accounting Service.--(1) Except as provided in paragraph
(2), the Secretary may not establish a new operating location for the
Defense Finance and Accounting Service during fiscal year 1996.
(2) The Secretary may establish a new operating location for the
Defense Finance and Accounting Service if--
(A) for a new operating location that the Secretary planned
before the date of the enactment of this Act to establish on or
after that date, the Secretary reconsiders the need for
establishing that new operating location; and
(B) for each new operating location, including a new
operating location referred to in subparagraph (A)--
(i) the Secretary submits to Congress, as part of
the report required by subsection (a)(4), an analysis of
the need for establishing the new operating location;
and
(ii) a period of 30 days elapses after the Congress
receives the report.
(3) In this subsection, the term ``new operating location'' means an
operating location that is not in operation on the date of the enactment
of this Act, except that such term does not include an operating
location for which, as of such date--
(A) the Secretary has established a date for the
commencement of operations; and
(B) funds have been expended for the purpose of its
establishment.
SEC. 354. <<NOTE: 10 USC 2461 note.>> DEMONSTRATION PROGRAM TO
IDENTIFY OVERPAYMENTS MADE TO VENDORS.
(a) In General.--The Secretary of Defense shall conduct a
demonstration program to evaluate the feasibility of using private
contractors to audit accounting and procurement records of the
Department of Defense in order to identify overpayments made to vendors
by the Department. The demonstration program shall be conducted for the
Defense Logistics Agency and include the Defense Personnel Support
Center.
(b) <<NOTE: Contracts.>> Program Requirements.--(1) Under the
demonstration program, the Secretary shall, by contract, provide for one
or more persons to audit the accounting and procurement records of the
[[Page 110 STAT. 269]]
Defense Logistics Agency that relate to (at least) fiscal years 1993,
1994, and 1995. The Secretary may enter into more than one contract
under the program.
(2) A contract under the demonstration program shall require the
contractor to use data processing techniques that are generally used in
audits of private-sector records similar to the records audited under
the contract.
(c) Audit Requirements.--In conducting an audit under the
demonstration program, a contractor shall compare Department of Defense
purchase agreements (and related documents) with invoices submitted by
vendors under the purchase agreements. A purpose of the comparison is to
identify, in the case of each audited purchase agreement, the following:
(1) Any payments to the vendor for costs that are not
allowable under the terms of the purchase agreement or by law.
(2) Any amounts not deducted from the total amount paid to
the vendor under the purchase agreement that should have been
deducted from that amount on account of goods and services
provided to the vendor by the Department.
(3) Duplicate payments.
(4) Unauthorized charges.
(5) Other discrepancies between the amount paid to the
vendor and the amount actually due the vendor under the purchase
agreement.
(d) Bonus Payment.--To the extent provided for in a contract under
the demonstration program, the Secretary may pay the contractor a bonus
in addition to any other amount paid for performance of the contract.
The amount of such bonus may not exceed the amount that is equal to 25
percent of all amounts recovered by the United States on the basis of
information obtained as a result of the audit performed under the
contract. Any such bonus shall be paid out of amounts made available
pursuant to subsection (e).
(e) Availability of Funds.--Of the amount authorized to be
appropriated pursuant to section 301(5), not more than $5,000,000 shall
be available for the demonstration program.
SEC. 355. <<NOTE: 20 USC 921 note.>> PILOT PROGRAM ON PRIVATE
OPERATION OF DEFENSE DEPENDENTS' SCHOOLS.
(a) Pilot Program.--The Secretary of Defense may conduct a pilot
program to evaluate the feasibility of using private contractors to
operate schools of the defense dependents' education system established
under section 1402(a) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921(a)).
(b) Selection of School for Program.--If the Secretary conducts the
pilot program, the Secretary shall select one school of the defense
dependents' education system for participation in the program and
provide for the operation of the school by a private contractor for not
less than one complete school year.
(c) Report.--Not later than 30 days after the end of the first
school year in which the pilot program is conducted, the Secretary shall
submit to Congress a report on the results of the program. The report
shall include the recommendation of the Secretary with respect to the
extent to which other schools of the defense dependents' education
system should be operated by private contractors.
[[Page 110 STAT. 270]]
SEC. 356. <<NOTE: 10 USC 2461 note.>> PROGRAM FOR IMPROVED TRAVEL
PROCESS FOR THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) The Secretary of Defense shall conduct a
program to evaluate options to improve the Department of Defense travel
process. To carry out the program, the Secretary shall compare the
results of the tests conducted under subsection (b) to determine which
travel process tested under such subsection is the better option to
effectively manage travel of Department personnel.
(2) The program shall be conducted at not less than three and not
more than six military installations, except that an installation may be
the subject of only one test conducted under the program.
(3) The Secretary shall act through the Under Secretary of Defense
(Comptroller) in the performance of the Secretary's responsibilities
under this section.
(b) Conduct of Tests.--(1) The Secretary shall conduct a test at an
installation referred to in subsection (a)(2) under which the
Secretary--
(A) implements the changes proposed to be made with respect
to the Department of Defense travel process by the task force on
travel management that was established by the Secretary in July
1994;
(B) manages and uniformly applies that travel process
(including the implemented changes) throughout the Department;
and
(C) provides opportunities for private-sector sources to
provide travel reservation services and credit card services to
facilitate that travel process.
(2) The Secretary shall conduct a test at an installation referred
to in subsection (a)(2) under which the Secretary--
(A) enters into one or more contracts with a private-sector
source pursuant to which the private-sector source manages the
Department of Defense travel process (except for functions
referred to in subparagraph (B)), provides for responsive,
reasonably priced services as part of the travel process, and
uniformly applies the travel process throughout the Department;
and
(B) provides for the performance by employees of the
Department of only those travel functions, such as travel
authorization, that the Secretary considers to be necessary to
be performed by such employees.
(3) Each test required by this subsection shall begin not later than
60 days after the date of the enactment of this Act and end two years
after the date on which it began. Each such test shall also be conducted
in accordance with the guidelines for travel management issued for the
Department by the Under Secretary of Defense (Comptroller).
(c) Evaluation Criteria.--The Secretary shall establish criteria to
evaluate the travel processes tested under subsection (b). The criteria
shall, at a minimum, include the extent to which a travel process
provides for the following:
(1) The coordination, at the time of a travel reservation,
of travel policy and cost estimates with the mission which
necessitates the travel.
[[Page 110 STAT. 271]]
(2) The use of fully integrated travel solutions envisioned
by the travel reengineering report of the Department of Defense
dated January 1995.
(3) The coordination of credit card data and travel
reservation data with cost estimate data.
(4) The elimination of the need for multiple travel
approvals through the coordination of such data with proposed
travel plans.
(5) A responsive and flexible management information system
that enables the Under Secretary of Defense (Comptroller) to
monitor travel expenses throughout the year, accurately plan
travel budgets for future years, and assess, in the case of
travel of an employee on temporary duty, the relationship
between the cost of the travel and the value of the travel to
the accomplishment of the mission which necessitates the travel.
(d) Plan for Program.--Before conducting the program, the Secretary
shall develop a plan for the program that addresses the following:
(1) The purposes of the program, including the achievement
of an objective of reducing by at least 50 percent the total
cost incurred by the Department annually to manage the
Department of Defense travel process.
(2) The methodology and anticipated cost of the program,
including the cost of an arrangement pursuant to which a
private-sector source would receive an agreed-upon payment plus
an additional negotiated amount that does not exceed 50 percent
of the total amount saved in excess of the objective specified
in paragraph (1).
(3) A specific citation to any provision or law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(4) The evaluation criteria established pursuant to
subsection (c).
(5) A provision for implementing throughout the Department
the travel process determined to be the better option to
effectively manage travel of Department personnel on the basis
of a final assessment of the results of the program.
(e) Report.--After the first full year of the conduct of the tests
required by subsection (b), 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 implementation of the
program. The report shall include an analysis of the evaluation criteria
established pursuant to subsection (c).
SEC. 357. <<NOTE: 10 USC 2461 note.>> INCREASED RELIANCE ON
PRIVATE-SECTOR SOURCES FOR COMMERCIAL
PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense shall endeavor to carry
out through a private-sector source any activity to provide a commercial
product or service for the Department of Defense if--
(1) the product or service can be provided adequately
through such a source; and
(2) an adequate competitive environment exists to provide
for economical performance of the activity by such a source.
[[Page 110 STAT. 272]]
(b) Applicability.--(1) Subsection (a) shall not apply to any
commercial product or service with respect to which the Secretary
determines that production, manufacture, or provision of that product or
service by the Government is necessary for reasons of national security.
(2) A determination under paragraph (1) shall be made in accordance
with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary shall prescribe regulations to carry
out this section. Such regulations shall be prescribed in consultation
with the Director of the Office of Management and Budget.
(d) Report.--(1) The Secretary shall identify activities of the
Department (other than activities specified by the Secretary pursuant to
subsection (b)) that are carried out by employees of the Department to
provide commercial-type products or services for the Department.
(2) Not later than April 15, 1996, the Secretary shall transmit to
the congressional defense committees a report on opportunities for
increased use of private-sector sources to provide commercial products
and services for the Department.
(3) The report required by paragraph (2) shall include the
following:
(A) A list of activities identified under paragraph (1)
indicating, for each activity, whether the Secretary proposes to
convert the performance of that activity to performance by
private-sector sources and, if not, the reasons why.
(B) An assessment of the advantages and disadvantages of
using private-sector sources, rather than employees of the
Department, to provide commercial products and services for the
Department that are not essential to the warfighting mission of
the Armed Forces.
(C) A specification of all legislative and regulatory
impediments to converting the performance of activities
identified under paragraph (1) to performance by private-sector
sources.
(D) The views of the Secretary on the desirability of
terminating the applicability of OMB Circular A-76 to the
Department.
(4) The Secretary shall carry out paragraph (1) in consultation with
the Director of the Office of Management and Budget and the Comptroller
General of the United States. In carrying out that paragraph, the
Secretary shall consult with, and seek the views of, representatives of
the private sector, including organizations representing small
businesses.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
SEC. 361. QUARTERLY READINESS REPORTS.
(a) In General.--(1) Chapter 22 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 452. Quarterly readiness reports
``(a) Requirement.--Not later than 30 days after the end of each
calendar-year quarter, 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
[[Page 110 STAT. 273]]
on military readiness. The report for any quarter shall be based on
assessments that are provided during that quarter--
``(1) to any council, committee, or other body of the
Department of Defense (A) that has responsibility for readiness
oversight, and (B) the membership of which includes at least one
civilian officer in the Office of the Secretary of Defense at
the level of Assistant Secretary of Defense or higher;
``(2) by senior civilian and military officers of the
military departments and the commanders of the unified and
specified commands; and
``(3) as part of any regularly established process of
periodic readiness reviews for the Department of Defense as a
whole.
``(b) Matters To Be Included.--Each such report shall--
``(1) specifically describe identified readiness problems or
deficiencies and planned remedial actions; and
``(2) include the key indicators and other relevant data
related to the identified problem or deficiency.
``(c) Classification of Reports.--Reports under this section shall
be submitted in unclassified form and may, as the Secretary determines
necessary, also be submitted in classified form.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``452. Quarterly readiness reports.''.
(b) <<NOTE: 10 USC 452 note.>> Effective Date.--Section 452 of title
10, United States Code, as added by subsection (a), shall take effect
with the calendar-year quarter during which this Act is enacted.
SEC. 362. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS TO
CONGRESS ON TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.
Section 361 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2732) is amended to read as
follows:
``SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
``(a) Annual Reports.--During 1996 and 1997, the Secretary of
Defense shall submit to the congressional defense committees a report on
transfers during the preceding fiscal year from funds available for each
budget activity specified in subsection (d) (hereinafter in this section
referred to as `covered budget activities'). The report each year shall
be submitted not later than the date in that year on which the President
submits the budget for the next fiscal year to Congress pursuant to
section 1105 of title 31, United States Code.
``(b) Midyear Reports.--On May 1 of each year specified in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report providing the same
information, with respect to the first six months of the fiscal year in
which the report is submitted, that is provided in reports under
subsection (a) with respect to the preceding fiscal year.
``(c) Matters To Be Included.--In each report under this section,
the Secretary shall include for each covered budget activity the
following:
``(1) A statement, for the period covered by the report,
of--
[[Page 110 STAT. 274]]
``(A) the total amount of transfers into funds
available for that activity;
``(B) the total amount of transfers from funds
available for that activity; and
``(C) the net amount of transfers into, or out of,
funds available for that activity.
``(2) A detailed explanation of the transfers into, and out
of, funds available for that activity during the period covered
by the report.
``(d) Covered Budget Activities.--The budget activities to which
this section applies are the following:
``(1) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Army, appropriation that are
designated as follows:
``(A) Combat Units.
``(B) Tactical Support.
``(C) Force-Related Training/Special Activities.
``(D) Depot Maintenance.
``(E) JCS Exercises.
``(2) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Navy, appropriation that are
designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Mission and Other Ship Operations.
``(C) Fleet Air Training.
``(D) Ship Operational Support and Training.
``(E) Aircraft Depot Maintenance.
``(F) Ship Depot Maintenance.
``(3) The budget activity groups (known as `subactivities'),
or other activity, within the Operating Forces budget activity
of the annual Operation and Maintenance, Air Force,
appropriation that are designated or otherwise identified as
follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Global and Early Warning.
``(D) Air Operations Training.
``(E) Depot Maintenance.
``(F) JCS Exercises.''.
SEC. 363. REPORT REGARDING REDUCTION OF COSTS ASSOCIATED WITH
CONTRACT MANAGEMENT OVERSIGHT.
(a) Report Required.--Not later than April 1, 1996, the Comptroller
General of the United States shall submit to Congress a report
identifying methods to reduce the cost to the Department of Defense of
management oversight of contracts in connection with major defense
acquisition programs.
(b) Major Defense Acquisition Programs Defined.--For purposes of
this section, the term ``major defense acquisition program'' has the
meaning given that term in section 2430(a) of title 10, United States
Code.
SEC. 364. REVIEWS OF MANAGEMENT OF INVENTORY CONTROL POINTS AND
MATERIEL MANAGEMENT STANDARD SYSTEM.
(a) Review of Consolidation of Inventory Control Points.--(1) The
Secretary of Defense shall conduct a review of the management by the
Defense Logistics Agency of all inventory
[[Page 110 STAT. 275]]
control points of the Department of Defense. In conducting the review,
the Secretary shall examine the management and acquisition practices of
the Defense Logistics Agency for inventory of repairable spare parts.
(2) Not later than March 31, 1996, the Secretary shall submit to the
Comptroller General of the United States and the congressional defense
committees a report on the results the review conducted under paragraph
(1).
(b) Review of Materiel Management Standard System.--(1) The
Comptroller General of the United States shall conduct a review of the
automated data processing system of the Department of Defense known as
the Materiel Management Standard System.
(2) Not later than May 1, 1996, the Comptroller General shall submit
to the congressional defense committees a report on the results of the
review conducted under paragraph (1).
SEC. 365. 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 of
providing for the performance by private-sector sources of functions
necessary to be performed to fulfill the requirements of the Department
of Defense for air transportation of personnel and cargo.
(b) Content of Report.--The report shall include the following:
(1) A cost-benefit analysis with respect to the performance
by private-sector sources of functions described in subsection
(a), including an explanation of the assumptions used in the
cost-benefit analysis.
(2) An assessment of the issues raised by providing for such
performance by means of a contract entered into with a private-
sector source.
(3) An assessment of the issues raised by providing for such
performance by means of converting functions described in
subsection (a) to private ownership and operation, in whole or
in part.
(4) A discussion of the requirements for the performance of
such functions in order to fulfill the requirements referred to
in subsection (a) during wartime.
(5) The effect on military personnel and facilities of using
private-sector sources to fulfill the requirements referred to
in such subsection.
(6) The performance by private-sector sources of any other
military aircraft functions (such as non-combat inflight fueling
of aircraft) the Secretary considers appropriate.
SEC. 366. <<NOTE: 10 USC 113 note.>> STRATEGY AND REPORT ON
AUTOMATED INFORMATION SYSTEMS OF
DEPARTMENT OF DEFENSE.
(a) Development of Strategy.--The Secretary of Defense shall develop
a strategy for the development or modernization of automated information
systems for the Department of Defense.
(b) Matters to Consider.--In developing the strategy required under
subsection (a), the Secretary shall consider the following:
(1) The use of performance measures and management controls.
(2) Findings of the Functional Management Review conducted
by the Secretary.
[[Page 110 STAT. 276]]
(3) Program management actions planned by the Secretary.
(4) Actions and milestones necessary for completion of
functional and economic analyses for--
(A) the Automated System for Transportation data;
(B) continuous acquisition and life cycle support;
(C) electronic data interchange;
(D) flexible computer integrated manufacturing;
(E) the Navy Tactical Command Support System; and
(F) the Defense Information System Network.
(5) Progress made by the Secretary in resolving problems
with respect to the Defense Information System Network and the
Joint Computer-Aided Acquisition and Logistics Support System.
(6) Tasks identified in the review conducted by the
Secretary of the Standard Installation/Division Personnel
System-3.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Strategy.--(1) Not later than April 15, 1996, the
Secretary shall submit to Congress a report on the development of the
strategy required under subsection (a).
(2) In the case of the Air Force Wargaming Center, the Air Force
Command Exercise System, the Cheyenne Mountain Upgrade, the
Transportation Coordinator Automated Command and Control Information
Systems, and the Wing Command and Control Systems, the report required
by paragraph (1) shall provide functional economic analyses and address
waivers exercised for compelling military importance under section
381(d) of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2739).
(3) The report required by paragraph (1) shall also include the
following:
(A) <<NOTE: Certification.>> A certification by the
Secretary of the termination of the Personnel Electronic Record
Management System or a justification for the continued need for
such system.
(B) Findings of the Functional Management Review conducted
by the Secretary and program management actions planned by the
Secretary for--
(i) the Base Level System Modernization and the
Sustaining Base Information System; and
(ii) the Standard Installation/Division Personnel
System-3.
(C) An assessment of the implementation of migration systems
and applications, including--
(i) identification of the systems and applications
by functional or business area, specifying target dates
for operation of the systems and applications;
(ii) identification of the legacy systems and
applications that will be terminated;
(iii) the cost of and schedules for implementing the
migration systems and applications; and
(iv) termination schedules.
(D) A certification by the Secretary that each information
system that is subject to review by the Major Automated
Information System Review Committee of the Department is cost-
effective and supports the corporate information manage
[[Page 110 STAT. 277]]
ment goals of the Department, including the results of the
review conducted for each such system by the Committee.
Subtitle G--Other Matters
SEC. 371. CODIFICATION OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Management of Working-Capital Funds.--(1) Chapter 131 of title
10, United States Code, is amended by inserting after section 2215 the
following new section:
``Sec. 2216. Defense Business Operations Fund
``(a) Management of Working-Capital Funds and Certain Activities.--
The Secretary of Defense may manage the performance of the working-
capital funds and industrial, commercial, and support type activities
described in subsection (b) through the fund known as the Defense
Business Operations Fund, which is established on the books of the
Treasury. Except for the funds and activities specified in subsection
(b), no other functions, activities, funds, or accounts of the
Department of Defense may be managed or converted to management through
the Fund.
``(b) Funds and Activities Included.--The funds and activities
referred to in subsection (a) are the following:
``(1) Working-capital funds established under section 2208
of this title and in existence on December 5, 1991.
``(2) Those activities that, on December 5, 1991, were
funded through the use of a working-capital fund established
under that section.
``(3) The Defense Finance and Accounting Service.
``(4) The Defense Commissary Agency.
``(5) The Defense Reutilization and Marketing Service.
``(6) The Joint Logistics Systems Center.
``(c) Separate Accounting, Reporting, and Auditing of Funds and
Activities.--(1) The Secretary of Defense shall provide in accordance
with this subsection for separate accounting, reporting, and auditing of
funds and activities managed through the Fund.
``(2) The Secretary shall maintain the separate identity of each
fund and activity managed through the Fund that (before the
establishment of the Fund) was managed as a separate Fund or activity.
``(3) <<NOTE: Records.>> The Secretary shall maintain separate
records for each function for which payment is made through the Fund and
which (before the establishment of the Fund) was paid directly through
appropriations, including the separate identity of the appropriation
account used to pay for the performance of the function.
``(d) Charges for Goods and Services Provided Through the Fund.--(1)
Charges for goods and services provided through the Fund shall include
the following:
``(A) Amounts necessary to recover the full costs of the
goods and services, whenever practicable, and the costs of the
development, implementation, operation, and maintenance of
systems supporting the wholesale supply and maintenance
activities of the Department of Defense.
``(B) Amounts for depreciation of capital assets, set in
accordance with generally accepted accounting principles.
[[Page 110 STAT. 278]]
``(C) Amounts necessary to recover the full cost of the
operation of the Defense Finance Accounting Service.
``(2) Charges for goods and services provided through the Fund may
not include the following:
``(A) Amounts necessary to recover the costs of a military
construction project (as defined in section 2801(b) of this
title), other than a minor construction project financed by the
Fund pursuant to section 2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a military
installation.
``(C) Amounts necessary to recover the costs of functions
designated by the Secretary of Defense as mission critical, such
as ammunition handling safety, and amounts for ancillary tasks
not directly related to the mission of the function or activity
managed through the Fund.
``(3)(A) The Secretary of Defense may submit to a customer a bill
for the provision of goods and services through the Fund in advance of
the provision of those goods and services.
``(B) <<NOTE: Reports.>> The Secretary shall submit to Congress a
report on advance billings made pursuant to subparagraph (A)--
``(i) when the aggregate amount of all such billings after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 1996 reaches $100,000,000; and
``(ii) whenever the aggregate amount of all such billings
after the date of a preceding report under this subparagraph
reaches $100,000,000.
``(C) Each report under subparagraph (B) shall include, for each
such advance billing, the following:
``(i) An explanation of the reason for the advance billing.
``(ii) An analysis of the impact of the advance billing on
readiness.
``(iii) An analysis of the impact of the advance billing on
the customer so billed.
``(e) Capital Asset Subaccount.--(1) Amounts charged for
depreciation of capital assets pursuant to subsection (d)(1)(B) shall be
credited to a separate capital asset subaccount established within the
Fund.
``(2) The Secretary of Defense may award contracts for capital
assets of the Fund in advance of the availability of funds in the
subaccount.
``(f) Procedures For Accumulation of Funds.--The Secretary of
Defense shall establish billing procedures to ensure that the balance in
the Fund does not exceed the amount necessary to provide for the working
capital requirements of the Fund, as determined by the Secretary.
``(g) Purchase From Other Sources.--The Secretary of Defense or the
Secretary of a military department may purchase goods and services that
are available for purchase from the Fund from a source other than the
Fund if the Secretary determines that such source offers a more
competitive rate for the goods and services than the Fund offers.
``(h) Annual Reports and Budget.--The Secretary of Defense shall
annually submit to Congress, at the same time that the President submits
the budget under section 1105 of title 31, the following:
``(1) A detailed report that contains a statement of all
receipts and disbursements of the Fund (including such a state
[[Page 110 STAT. 279]]
ment for each subaccount of the Fund) for the fiscal year ending
in the year preceding the year in which the budget is submitted.
``(2) A detailed proposed budget for the operation of the
Fund for the fiscal year for which the budget is submitted.
``(3) A comparison of the amounts actually expended for the
operation of the Fund for the fiscal year referred to in
paragraph (1) with the amount proposed for the operation of the
Fund for that fiscal year in the President's budget.
``(4) A report on the capital asset subaccount of the Fund
that contains the following information:
``(A) The opening balance of the subaccount as of
the beginning of the fiscal year in which the report is
submitted.
``(B) The estimated amounts to be credited to the
subaccount in the fiscal year in which the report is
submitted.
``(C) The estimated amounts of outlays to be paid
out of the subaccount in the fiscal year in which the
report is submitted.
``(D) The estimated balance of the subaccount at the
end of the fiscal year in which the report is submitted.
``(E) A statement of how much of the estimated
balance at the end of the fiscal year in which the
report is submitted will be needed to pay outlays in the
immediately following fiscal year that are in excess of
the amount to be credited to the subaccount in the
immediately following fiscal year.
``(i) Definitions.--In this section:
``(1) The term `capital assets' means the following capital
assets that have a development or acquisition cost of not less
than $50,000:
``(A) Minor construction projects financed by the
Fund pursuant to section 2805(c)(1) of this title.
``(B) Automatic data processing equipment, software.
``(C) Equipment other than equipment described in
subparagraph (B).
``(D) Other capital improvements.
``(2) The term `Fund' means the Defense Business Operations
Fund.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2215 the
following new item:
``2216. Defense Business Operations Fund.''.
(b) Conforming Repeals.--The following provisions of law are hereby
repealed:
(1) Subsections (b), (c), (d), and (e) of section 311 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 10 U.S.C. 2208 note).
(2) Subsections (a) and (b) of section 333 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2208 note).
(3) Section 342 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2208 note).
(4) Section 316 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2208 note).
[[Page 110 STAT. 280]]
(5) Section 8121 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 10 U.S.C. 2208 note).
SEC. 372. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE
EXCHANGED TO BENEFIT THE HISTORICAL
COLLECTION OF THE ARMED FORCES.
Section 2572(b)(1) of title 10, United States Code, is amended by
striking out ``not needed by the armed forces'' and all that follows
through the end of the paragraph and inserting in lieu thereof the
following: ``not needed by the armed forces for any of the following
items or services if such items or services directly benefit the
historical collection of the armed forces:
``(A) Similar items held by any individual, organization,
institution, agency, or nation.
``(B) Conservation supplies, equipment, facilities, or
systems.
``(C) Search, salvage, or transportation services.
``(D) Restoration, conservation, or preservation services.
``(E) Educational programs.''.
SEC. 373. FINANCIAL MANAGEMENT TRAINING.
(a) Limitation.--The Secretary of Defense may enter into a capital
lease for the establishment of a Department of Defense financial
management training center no earlier than the date that is 30 days
after the date on which the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives, 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) The certification and report
referred to in subsection (a) are the following:
(A) Certification by the Secretary of the need for such a
center.
(B) A report, submitted with the certification, 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.
(3) If, upon completing the analysis referred to in paragraph (2)(A)
and after considering alternatives as described in paragraph (2)(B), the
Secretary determines to meet the requirements for providing financial
management training for employees of the Department of Defense through
establishment of a financial management training center, the Secretary--
(A) shall make the determination of the location of the
center using a merit-based selection process; and
(B) shall include in the report under paragraph (1) a
description of that merit-based selection process.
[[Page 110 STAT. 281]]
SEC. 374. 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 lost, abandoned, or unclaimed personal
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) to the extent that the amount of the proceeds exceeds
the amount necessary for reimbursing all such costs, to support
morale, welfare, and recreation activities under the
jurisdiction of the armed forces that are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the armed forces at such 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 Comptroller General of the United
States 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
Comptroller General of the United States (in the case of a claim filed
under paragraph (2)).''.
(b) Repeal of Authority for Demonstration Program.--Section 343 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1343) is repealed.
SEC. 375. SALE OF MILITARY CLOTHING AND SUBSISTENCE AND OTHER
SUPPLIES OF THE NAVY AND MARINE CORPS.
(a) In General.--(1) 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)(1) The Secretary of the Navy shall procure and sell, for cash
or credit--
[[Page 110 STAT. 282]]
``(A) articles designated by the Secretary to members of the
Navy and Marine Corps; and
``(B) items of individual clothing and equipment to members
of the Navy and Marine Corps, under such restrictions as the
Secretary may prescribe.
``(2) 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
honorably or under honorable conditions from the Navy or Marine Corps,
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) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary, payment for subsistence supplies shall be made in cash or by
commercial credit.
``(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 civilian officers and
employees 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 such members
and their families.''.
[[Page 110 STAT. 283]]
(2) 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.''.
(b) Conforming Amendments for Other Armed Forces.--(1) Section 4621
of such title is amended--
(A) by striking out ``The branch, office, or officer
designated by the Secretary of the Army'' in subsection (a) and
inserting in lieu thereof ``The Secretary of the Army'';
(B) by striking out ``The branch, office, or officer
designated by the Secretary'' both places it appears in
subsections (b) and (c) and inserting in lieu thereof ``The
Secretary''; and
(C) by inserting before the period at the end of subsection
(f) the following: ``or by commercial credit''.
(2) Section 9621 of such title is amended--
(A) by striking out ``The Air Force shall'' in subsection
(b) and inserting in lieu thereof ``The Secretary shall''; and
(B) by inserting before the period at the end of subsection
(f) the following: ``or by commercial credit''.
SEC. 376. PERSONNEL SERVICES AND LOGISTICAL SUPPORT FOR CERTAIN
ACTIVITIES HELD ON MILITARY INSTALLATIONS.
Section 2544 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) In the case of a Boy Scout Jamboree held on a military
installation, the Secretary of Defense may provide personnel services
and logistical support at the military installation in addition to the
support authorized under subsections (a) and (d).''.
SEC. 377. RETENTION OF MONETARY AWARDS.
(a) Monetary Awards.--Chapter 155 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2610. Competitions for excellence: acceptance of monetary awards
``(a) Acceptance Authorized.--The Secretary of Defense may accept a
monetary award given to the Department of Defense by a nongovernmental
entity as a result of the participation of the Department in a
competition carried out to recognize excellence or innovation in
providing services or administering programs.
``(b) Disposition of Awards.--A monetary award accepted under
subsection (a) shall be credited to one or more nonappropriated fund
accounts supporting morale, welfare, and recreation activities for the
command, installation, or other activity that is recognized for the
award. Amounts so credited may be expended only for such activities.
``(c) Incidental Expenses.--Subject to such limitations as may be
provided in appropriation Acts, appropriations available to the
Department of Defense may be used to pay incidental expenses incurred by
the Department to participate in a competition described in subsection
(a) or to accept a monetary award under this section.
``(d) Regulations and Reporting.--(1) The Secretary shall prescribe
regulations to determine the disposition of monetary awards accepted
under this section and the payment of incidental expenses under
subsection (c).
[[Page 110 STAT. 284]]
``(2) At the end of each year, the Secretary shall submit to
Congress a report for that year describing the disposition of monetary
awards accepted under this section and the payment of incidental
expenses under subsection (c).
``(e) Termination.--The authority of the Secretary under this
section shall expire two years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2610. Competitions for excellence: acceptance of monetary awards.''.
SEC. 378. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN
EMERGENCY RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Emergencies Involving Chemical and Biological Agents.--(1) In
addition to equipment and facilities described in subsection (a), the
Secretary may provide an item referred to in paragraph (2) to a Federal,
State, or local law enforcement or emergency response agency to prepare
for or respond to an emergency involving chemical or biological agents
if the Secretary determines that the item is not reasonably available
from another source.
``(2) An item referred to in paragraph (1) is any material or
expertise of the Department of Defense appropriate for use in preparing
for or responding to an emergency involving chemical or biological
agents, including the following:
``(A) Training facilities.
``(B) Sensors.
``(C) Protective clothing.
``(D) Antidotes.''.
SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL
DEFENSE PREPAREDNESS TO RESPOND TO
EMERGENCIES RESULTING FROM A CHEMICAL,
BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR
ATTACK.
(a) Report.--(1) Not later than March 1, 1996, the Secretary of
Defense and the Secretary of Energy shall submit to Congress a joint
report on the military and civil defense plans and programs of the
Department of Defense to prepare for and respond to the effects of an
emergency in the United States resulting from a chemical, biological,
radiological, or nuclear attack on the United States (hereinafter in
this section referred to as an ``attack-related civil defense
emergency'').
(2) The report shall be prepared in consultation with the Director
of the Federal Emergency Management Agency.
(b) Content of Report.--The report shall include the following:
(1) A discussion of the military and civil defense plans and
programs of the Department of Defense for preparing for and
responding to an attack-related civil defense emergency arising
from an attack of a type for which the Department of Defense has
a primary responsibility to respond.
(2) A discussion of the military and civil defense plans and
programs of the Department of Defense for preparing for
[[Page 110 STAT. 285]]
and providing a response to an attack-related civil defense
emergency arising from an attack of a type for which the
Department of Defense has responsibility to provide a supporting
response.
(3) A description of any actions, and any recommended
legislation, that the Secretaries consider necessary for
improving the preparedness of the Department of Defense to
respond effectively to an attack-related civil defense
emergency.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. <<NOTE: 10 USC 115 note.>> 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) Floor on End Strengths.--(1) Chapter 39 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 691. Permanent end strength levels to support two major
regional contingencies
``(a) The end strengths specified in subsection (b) are the minimum
strengths necessary to enable the armed forces to fulfill a national
defense strategy calling for the United States to be able to
successfully conduct two nearly simultaneous major regional
contingencies.
``(b) Unless otherwise provided by law, the number of members of the
armed forces (other than the Coast Guard) on active duty at the end of
any fiscal year shall be not less than the following:
``(1) For the Army, 495,000.
``(2) For the Navy, 395,000.
``(3) For the Marine Corps, 174,000.
``(4) For the Air Force, 381,000.
``(c) No funds appropriated to the Department of Defense may be used
to implement a reduction of the active duty end strength for any of the
armed forces for any fiscal year below the level specified in subsection
(b) unless the Secretary of Defense submits to Congress notice of the
proposed lower end strength levels and a justification for those levels.
No action may then be taken to implement such a reduction for that
fiscal year until the end of the six-month period beginning on the date
of the receipt of such notice by Congress.
``(d) For a fiscal year for which the active duty end strength
authorized by law pursuant to section 115(a)(1)(A) of this title
[[Page 110 STAT. 286]]
for any of the armed forces is identical to the number applicable to
that armed force under subsection (b), the Secretary of Defense may
reduce that number by not more than 0.5 percent.
``(e) The number of members of the armed forces on active duty shall
be counted for purposes of this section in the same manner as applies
under section 115(a)(1) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``691. Permanent end strength levels to support two major regional
contingencies.''.
(c) Active Component End Strength Flexibility.--Section 115(c)(1) of
title 10, United States Code, is amended by striking out ``0.5 percent''
and inserting in lieu thereof ``1 percent''.
SEC. 402. <<NOTE: 10 USC 523 note.>> TEMPORARY VARIATION IN DOPMA
AUTHORIZED END STRENGTH LIMITATIONS FOR
ACTIVE DUTY AIR FORCE AND NAVY OFFICERS IN
CERTAIN GRADES.
(a) Air Force Officers.--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 the
following table (rather than the numbers determined in accordance with
the table in that section):
----------------------------------------------------------------------------------------------------------------
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.--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 the
following table (rather than the numbers determined in accordance with
the table in that section):
----------------------------------------------------------------------------------------------------------------
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 new subsection:
``(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.''.
[[Page 110 STAT. 287]]
(b) Number of Officers on Active Duty in Grade of General or
Admiral.--Section 528(b) of such title 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.''.
(c) Clarification.--Section 601(b) of such title is amended--
(1) in the matter preceding paragraph (1), by striking out
``of importance and responsibility designated'' and inserting in
lieu thereof ``designated under subsection (a) or by law'';
(2) in paragraph (1), by striking out ``of importance and
responsibility'';
(3) in paragraph (2), by striking out ``designating'' and
inserting in lieu thereof ``designated under subsection (a) or
by law''; and
(4) in paragraph (4), by inserting ``under subsection (a) or
by law'' after ``designated''.
Subtitle B--Reserve Forces
SEC. 411. <<NOTE: 10 USC 12001 note.>> 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) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a) 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.
[[Page 110 STAT. 288]]
SEC. 412. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR RESERVES
ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
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 full-time duty, in the case of members of the National Guard, 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.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PERSONNEL ASSIGNED
IN SUPPORT OF RESERVE COMPONENT TRAINING.
Section 414(c) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 12001 note) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may count toward the number of active
component personnel required under paragraph (1) to be assigned to serve
as advisers under the program under this section any active component
personnel who are assigned to an active component unit (A) that was
established principally for the purpose of providing dedicated training
support to reserve component units, and (B) the primary mission of which
is to provide such dedicated training support.''.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO SERVE ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
(a) Officers.--The table in 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 in 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. 415. 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:
[[Page 110 STAT. 289]]
``(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; 22 U.S.C.
5952(b)).''.
SEC. 416. 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) In General.--For fiscal year 1996, the components of the Armed
Forces are authorized average military training 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) Scope.--The average military training student loads authorized
for an armed force under subsection (a) apply to the active and reserve
components of that armed force.
(c) Adjustments.--The average military training student loads
authorized in subsection (a) shall be adjusted consistent with the end
strengths authorized in subtitles A and B. The Secretary of Defense
shall prescribe the manner in which such adjustments shall be
apportioned.
[[Page 110 STAT. 290]]
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
$69,191,008,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1996.
SEC. 432. <<NOTE: 10 USC 115 note.>> AUTHORIZATION FOR INCREASE
IN ACTIVE-DUTY END STRENGTHS.
(a) Authorization.--There is hereby authorized to be appropriated to
the Department of Defense for fiscal year 1996 for military personnel
the sum of $112,000,000. Any amount appropriated pursuant to this
section shall be allocated, in such manner as the Secretary of Defense
prescribes, among appropriations for active-component military personnel
for that fiscal year and shall be available only to increase the number
of members of the Armed Forces on active duty during that fiscal year
(compared to the number of members that would be on active duty but for
such appropriation).
(b) Effect on End Strengths.--The end-strength authorizations in
section 401 shall each be deemed to be increased by such number as
necessary to take account of additional members of the Armed Forces
authorized by the Secretary of Defense pursuant to subsection (a).
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 ``800''.
(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) In the case of an officer who completes service in a qualifying
temporary joint task force assignment, the Secretary of Defense, with
the advice of the Chairman of the Joint Chiefs of Staff, may (subject to
the criteria prescribed under paragraph (4)) grant the officer--
``(A) credit for having completed a full tour of duty in a
joint duty assignment; or
``(B) credit countable for determining cumulative service in
joint duty assignments.
``(2)(A) For purposes of paragraph (1), a qualifying temporary joint
task force assignment of an officer is a temporary assignment, any part
of which is performed by the officer on or after the date of the
enactment of this subsection--
[[Page 110 STAT. 291]]
``(i) to the headquarters staff of a United States joint
task force that is part of a unified command or the United
States element of the headquarters staff of a multinational
force; and
``(ii) with respect to which the Secretary of Defense
determines that service of the officer in that assignment is
equivalent to that which would be gained by the officer in a
joint duty assignment.
``(B) An officer may not be granted credit under this subsection
unless the officer is recommended for such credit by the Chairman of the
Joint Chiefs of Staff.
``(3) Credit under paragraph (1) (including a determination under
paragraph (2)(A)(ii) and a recommendation under paragraph (2)(B) with
respect to such credit) may be granted only on a case-by-case basis in
the case of an individual officer.
``(4) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe by regulation criteria for determining whether an officer may
be granted credit under paragraph (1) with respect to service in a
qualifying temporary joint task force assignment. The criteria shall
apply uniformly among the armed forces and shall include the following
requirements:
``(A) For an officer to be credited as having completed a
full tour of duty in a joint duty assignment, the length of the
officer's service in the qualifying temporary joint task force
assignment must meet the requirements of subsection (a) or (c).
``(B) For an officer to be credited with service for
purposes of determining cumulative service in joint duty
assignments, the officer must serve at least 90 consecutive days
in the qualifying temporary joint task force assignment.
``(C) The service must be performed in support of a mission
that is directed by the President or that is assigned by the
President to United States forces in the joint task force
involved.
``(D) The joint task force must be constituted or designated
by the Secretary of Defense or by the commander of a combatant
command or of another force.
``(E) The joint task force must conduct combat or combat-
related operations in a unified action under joint or
multinational command and control.
``(5) Officers for whom joint duty credit is granted pursuant to
this subsection may not be taken into account for the purposes of any of
the following provisions of this title: section 661(d)(1), section
662(a)(3), section 662(b), subsection (a) of this section, and
paragraphs (7), (8), (9), (11), and (12) of section 667.
``(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.
The provisions of subparagraphs (C) and (D) of section 661(c)(3) of this
title shall apply to such a waiver in the same manner as to a waiver
under subparagraph (A) of that section.''.
[[Page 110 STAT. 292]]
(c) Information in Annual Report.--Section 667 of such title is
amended by striking out paragraph (16) and inserting after paragraph
(15) the following new paragraph (16):
``(16) 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) Applicability of Limitation on Waiver Authority.--Section
661(c)(3) of such title is amended--
(1) in the third sentence of subparagraph (D), by striking
out ``The total number'' and inserting in lieu thereof ``In the
case of officers in grades below brigadier general and rear
admiral (lower half), the total number''; and
(2) by adding at the end the following new subparagraph:
``(E) There may not be more than 32 general and flag officers on
active duty at the same time who were selected for the joint specialty
while holding a general or flag officer grade and for whom a waiver was
granted under this subparagraph.''.
(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) in the matter preceding paragraph (1), by
striking out ``completion of--'' and inserting in lieu
thereof ``completion of any of the following:'';
(B) by striking out ``a'' at the beginning of
paragraphs (1), (2), (4), and (5) and inserting in lieu
thereof ``A'';
(C) by striking out ``cumulative'' in paragraph (3)
and inserting in lieu thereof ``Cumulative'';
(D) by striking out the semicolon at the end of
paragraphs (1), (2), and (3) and ``; or'' at the end of
paragraph (4) and inserting in lieu thereof a period;
and
(E) 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 two
years, without regard to whether a waiver was granted for such
assignment under subsection (b).''.
(f) Technical Amendment.--Section 664(e)(1) of such title is amended
by striking out ``(after fiscal year 1990)''.
SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR GENERAL
AND REAR ADMIRAL.
(a) Applicability of Time-in-Grade Requirements.--Section 1370 of
title 10, United States Code, is amended--
[[Page 110 STAT. 293]]
(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
effective October 1, 1996, 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.--Subsection (c) of such section is amended to read as follows:
``(c) Officers in O-9 and O-10 Grades.--(1) An officer who is
serving in or has served in the grade of general or admiral or
lieutenant general or vice admiral may be retired in that grade under
subsection (a) only after the Secretary of Defense certifies in writing
to the President and Congress that the officer served on active duty
satisfactorily in that grade.
``(2) In the case of an officer covered by paragraph (1), the three-
year service-in-grade requirement in paragraph (2)(A) of subsection (a)
may not be reduced or waived under that subsection--
``(A) while the officer is under investigation for alleged
misconduct; or
``(B) while there is pending the disposition of an adverse
personnel action against the officer for alleged misconduct.''.
(c) Repeal of Superseded Provisions.--Sections 3962(a), 5034,
5043(c), and 8962(a) of such title 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) <<NOTE: 10 USC 1370 note.>> Effective Date for Amendment 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).
(f) Preservation of Applicability of Limitation.--Section
1370(a)(2)(C) of title 10, United States Code, is amended by striking
out ``The number of officers in an armed force in a grade'' and
inserting in lieu thereof ``In the case of a grade below the grade of
lieutenant general or vice admiral, the number of members of one of the
armed forces in that grade''.
(g) Stylistic Amendments.--Section 1370 of title 10, United States
Code, is further amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) Rule for Retirement in Highest
Grade Held Satisfactorily.--(1)'';
(2) in subsection (b), by inserting ``Retirement in Next
Lower Grade.--'' after ``(b)''; and
(3) in subsection (d), as added effective October 1, 1996,
by section 1641 of the Reserve Officer Personnel Management Act
(title XVI of Public Law 103-337; 108 Stat. 2968), by striking
out ``(d)(1)'' and inserting in lieu thereof ``(d) Reserve
Officers.--(1)''.
[[Page 110 STAT. 294]]
SEC. 503. WEARING OF INSIGNIA FOR HIGHER GRADE BEFORE PROMOTION.
(a) Authority and Limitations.--(1) Chapter 45 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 777. Wearing of insignia of higher grade before promotion
(frocking): authority; restrictions
``(a) Authority.--An officer who has been selected for promotion to
the next higher grade may be authorized, under regulations and policies
of the Department of Defense and subject to subsection (b), to wear the
insignia for that next higher grade. An officer who is so authorized to
wear the insignia of the next higher grade is said to be `frocked' to
that grade.
``(b) Restrictions.--An officer may not be authorized to wear the
insignia for a grade as described in subsection (a) unless--
``(1) the Senate has given its advice and consent to the
appointment of the officer to that grade; and
``(2) the officer is serving in, or has received orders to
serve in, a position for which that grade is authorized.
``(c) Benefits Not To Be Construed as Accruing.--(1) Authority
provided to an officer as described in subsection (a) to wear the
insignia of the next higher grade may not be construed as conferring
authority for that officer to--
``(A) be paid the rate of pay provided for an officer in
that grade having the same number of years of service as that
officer; or
``(B) assume any legal authority associated with that grade.
``(2) The period for which an officer wears the insignia of the next
higher grade under such authority may not be taken into account for any
of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of colonels and Navy captains on the
active-duty list who are authorized as described in subsection (a) to
wear the insignia for the grade of brigadier general or rear admiral
(lower half), as the case may be, may not exceed the following:
``(A) During fiscal years 1996 and 1997, 75.
``(B) During fiscal year 1998, 55.
``(C) After fiscal year 1998, 35.
``(2) The number of officers of an armed force on the active-duty
list who are authorized as described in subsection (a) 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 1 percent
of the total number provided for the officers in that grade in that
armed force in the administration of the limitation under that section
for that fiscal year.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``777. Wearing of insignia of higher grade before promotion (frocking):
authority; restrictions.''.
(b) <<NOTE: 10 USC 777 note.>> Temporary Variation of Limitations on
Numbers of Frocked Officers.--In the administration of section 777(d)(2)
of title 10, United States Code (as added by subsection (a)), the
percent
[[Page 110 STAT. 295]]
limitation applied under that section for fiscal year 1996 shall be 2
percent (instead of 1 percent).
(c) Report.--Not later than September 1, 1996, the Secretary of
Defense shall submit to Congress a report providing the assessment of
the Secretary on the practice, known as ``frocking'', of authorizing an
officer who has been selected for promotion to the next higher grade to
wear the insignia for that next higher grade. The report shall include
the Secretary's assessment of the appropriate number, if any, of
colonels and Navy captains to be eligible under section 777(d)(1) of
title 10, United States Code (as added by subsection (a)), to wear the
insignia for the grade of brigadier general or rear admiral (lower
half).
SEC. 504. AUTHORITY TO EXTEND TRANSITION PERIOD FOR OFFICERS
SELECTED FOR EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(e) The Secretary concerned may defer for not more than 90 days
the retirement of an officer otherwise approved for early retirement
under this section in order to prevent a personal hardship to the
officer or for other humanitarian reasons. Any such deferral shall be
made on a case-by-case basis considering the circumstances of the case
of the particular officer concerned. The authority of the Secretary to
grant such a deferral may not be delegated.''.
(b) Selective Early Retirement of Active-Duty Officers.--Section
638(b) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) The Secretary concerned may defer for not more than 90 days
the retirement of an officer otherwise approved for early retirement
under this section or section 638a of this title in order to prevent a
personal hardship to the officer or for other humanitarian reasons. Any
such deferral shall be made on a case-by-case basis considering the
circumstances of the case of the particular officer concerned. The
authority of the Secretary to grant such a deferral may not be
delegated.''.
SEC. 505. ARMY OFFICER MANNING LEVELS.
(a) In General.--(1) Chapter 331 of title 10, United States Code, is
amended by inserting after the table of sections the following new
section:
``Sec. 3201. Officers on active duty: minimum strength based on
requirements
``(a) The Secretary of the Army shall ensure that (beginning with
fiscal year 1999) the strength at the end of each fiscal year of
officers on active duty is sufficient to enable the Army to meet at
least that percentage of the programmed manpower structure for officers
for the active component of the Army that is provided for in the most
recent Defense Planning Guidance issued by the Secretary of Defense.
``(b) The number of officers on active duty shall be counted for
purposes of this section in the same manner as applies under section
115(a)(1) of this title.
``(c) In this section:
``(1) The term `programmed manpower structure' means the
aggregation of billets describing the full manpower require
[[Page 110 STAT. 296]]
ments for units and organizations in the programmed force
structure.
``(2) The term `programmed force structure' means the set of
units and organizations that exist in the current year and that
is planned to exist in each future year under the then-current
Future-Years Defense Program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after ``Sec.'' the following new item:
``3201. Officers on active duty: minimum strength based on
requirements.''.
(b) <<NOTE: 10 USC 3201 note.>> Assistance in Accomplishing
Requirement.--The Secretary of Defense shall provide to the Army
sufficient personnel and financial resources to enable the Army to meet
the requirement specified in section 3201 of title 10, United States
Code, as added by subsection (a).
SEC. 506. AUTHORITY FOR MEDICAL DEPARTMENT OFFICERS OTHER THAN
PHYSICIANS TO BE APPOINTED AS SURGEON
GENERAL.
(a) Surgeon General of the Army.--The third sentence of section
3036(b) of title 10, United States Code, is amended by inserting after
``The Surgeon General'' the following: ``may be appointed from officers
in any corps of the Army Medical Department and''.
(b) Surgeon General of the Navy.--Section 5137 of such title is
amended--
(1) in the first sentence of subsection (a), by striking out
``in the Medical Corps'' and inserting in lieu thereof ``in any
corps of the Navy Medical Department''; 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 such title is amended by striking out ``designated as medical
officers under section 8067(a) of this title'' and inserting in lieu
thereof ``in the Air Force medical department''.
SEC. 507. 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) in the second sentence, by striking out ``two years''
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) <<NOTE: 10 USC 8037 note.>> Effective Date.--The amendments made
by subsection (a) apply to any appointment to the position of Deputy
Judge Advocate General of the Air Force that is made after the date of
the enactment of this Act.
SEC. 508. AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Extension of Authority.--Subsection (f) of section 5721 of title
10, United States Code, is amended by striking out ``September 30,
1995'' and inserting in lieu thereof ``September 30, 1996''.
(b) Limitation.--Such section is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
[[Page 110 STAT. 297]]
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Limitation on Number of Eligible Positions.--(1) An
appointment under this section may only be made for service in a
position designated by the Secretary of the Navy for purposes of this
section. The number of positions so designated may not exceed 325.
``(2) <<NOTE: Notice.>> Whenever the Secretary makes a change to the
positions designated under paragraph (1), the Secretary shall submit
notice of the change in writing to Congress.''.
(c) Report.--Not later than April 1, 1996, the Secretary of Defense
shall submit to Congress a report providing the Secretary's assessment
of that continuing need for the promotion authority under section 5721
of title 10, United States Code. The Secretary shall include in the
report the following:
(1) The nature and grade structure of the positions for
which such authority has been used.
(2) The cause or causes of the reported chronic shortages of
qualified personnel in the required grade to fill the positions
specified under paragraph (1).
(3) The reasons for the perceived inadequacy of the officer
promotion system (including ``below-the-zone'' selections) to
provide sufficient officers in the required grade to fill those
positions.
(4) The extent to which a bonus program or some other
program would be a more appropriate means of resolving the
reported chronic shortages in engineering positions.
(d) Clerical Amendments.--Section 5721 of title 10, United States
Code, is amended as follows:
(1) Subsection (a) is amended by inserting ``Promo
tion Authority for Certain Officer With Critical
Skills.--'' after ``(a)''.
(2) Subsection (b) is amended by inserting ``Status of
Officers Appointed.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Board
Recommendation Required.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting ``Acceptance and
Effective Date of Appointment.--'' after ``(d)''.
(5) Subsection (e) is amended by inserting ``Termination of
Appointment.--'' after ``(e)''.
(6) Subsection (g), as redesignated by subsection (b)(1), is
amended by inserting ``Termination of Appointment Authority.--''
after ``(g)''.
(e) <<NOTE: 10 USC 5721 note.>> Effective Date.--Subsection (f) of
section 5721 of title 10, United States Code, as added by subsection
(b)(2), shall take effect at the end of the 30-day period beginning on
the date of the enactment of this Act and shall apply to any appointment
under that section after the end of such period.
SEC. 509. RETIREMENT FOR YEARS OF SERVICE OF DIRECTORS OF
ADMISSIONS OF MILITARY AND AIR FORCE
ACADEMIES.
(a) Military Academy.--(1) Section 3920 of title 10, United States
Code, is amended to read as follows:
[[Page 110 STAT. 298]]
``Sec. 3920. More than thirty years: permanent professors and the
Director of Admissions of the United States
Military Academy
``(a) The Secretary of the Army may retire an officer specified in
subsection (b) who has more than 30 years of service as a commissioned
officer.
``(b) Subsection (a) applies in the case of the following officers:
``(1) Any permanent professor of the United States Military
Academy.
``(2) The Director of Admissions of the United States
Military Academy.''.
(2) 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 the United States Military Academy.''.
(b) Air Force Academy.--(1) Section 8920 of title 10, United States
Code, is amended to read as follows:
``Sec. 8920. More than thirty years: permanent professors and the
Director of Admissions of the United States
Air Force Academy
``(a) The Secretary of the Air Force may retire an officer specified
in subsection (b) who has more than 30 years of service as a
commissioned officer.
``(b) Subsection (a) applies in the case of the following officers:
``(1) Any permanent professor of the United States Air Force
Academy.
``(2) The Director of Admissions of the United States Air
Force Academy.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 867 of such title is amended to read as
follows:
``8920. More than thirty years: permanent professors and the Director of
Admissions of the United States Air Force Academy.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT
AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve Medical
Officers.--Sections 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) <<NOTE: 10 USC 3360 note.>> 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''.
[[Page 110 STAT. 299]]
SEC. 512. 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 MOBILIZATION 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. Reserve Mobilization 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 Ready Reserve
Mobilization 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 Reserve Mobilization 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 (including the Coast Guard Reserve) an insurance
program to be known as the `Ready Reserve Mobilization 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.
[[Page 110 STAT. 300]]
``(c) Agreement With Secretary of Transportation.--The Secretary and
the Secretary of Transportation shall enter into an agreement with
respect to the administration of the insurance program for the Coast
Guard Reserve.
``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 60 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 60 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 in accordance with regulations prescribed by
the Secretary if the member has not previously had the opportunity to be
enrolled under paragraph (1) or (2). A member who fails to enroll within
60 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 60 days after first
becoming a member of the Ready Reserve or within 60 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) The amount of coverage may not be increased after enrollment.
``(d) Election To Terminate.--A member may terminate an enrollment
at any time.
[[Page 110 STAT. 301]]
``(e) Information To Be Furnished.--The Secretary shall ensure that
members referred to in subsection (a) are given a written explanation of
the insurance program and are advised that they have the right to
decline to be insured and, if not declined, to elect coverage for a
reduced benefit or an enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready Reserve
serving on active duty (or full-time National Guard duty) are not
eligible to enroll for coverage under the insurance program. The
Secretary may define any additional category of members of the Ready
Reserve to be excluded from eligibility to purchase insurance under this
chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured member under
the insurance program is $1,000 per month (as adjusted under subsection
(d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage under the
insurance program may elect--
``(1) a reduced coverage benefit equal to one-half the
amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500, $2,000,
$2,500, $3,000, $3,500, $4,000, $4,500, or $5,000 per month (as
adjusted under subsection (d)).
``(c) Amount for Partial Month.--The amount of insurance payable to
an insured member for any period of covered service that is less than
one month shall be determined by multiplying \1/30\ of the monthly
benefit rate for the member by the number of days of the covered service
served by the member during such period.
``(d) Adjustment of Amounts.--(1) The Secretary shall determine
annually the effect of inflation on benefits and shall adjust the
amounts set forth in subsections (a) and (b)(2) to maintain the constant
dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under paragraph (1) is
not evenly divisible by $10, the amount shall be rounded to the nearest
multiple of $10, except that an amount evenly divisible by $5 but not by
$10 shall be rounded to the next lower amount that is evenly divisible
by $10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in consultation
with the Board of Actuaries, shall prescribe the premium rates for
insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate for each
$1,000 of monthly insurance benefit. The premium amount shall be equal
to the share of the cost attributable to insuring the member and shall
be the same for all members of the Ready Reserve who are insured under
the insurance program for the same benefit amount. The Secretary shall
prescribe the rate on the basis of the best available estimate of risk
and financial exposure, levels of subscription by members, and other
relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the first
year of insurance coverage of an insured member shall be continued
without change for subsequent years of insurance coverage, except that
the Secretary, after consultation with the Board
[[Page 110 STAT. 302]]
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 pay for 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 pay of insured members and premium amounts paid
directly to the Secretary shall be credited monthly to the Fund.
``Sec. 12528. Reserve Mobilization Income Insurance Fund
``(a) Establishment.--There is established on the books of the
Treasury a fund to be known as the `Reserve Mobilization 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.
[[Page 110 STAT. 303]]
``(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.
[[Page 110 STAT. 304]]
``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) <<NOTE: Regulations.>> Method of Payment.--The Secretary shall
prescribe in the regulations the manner in which payments shall be made
to the member or to a person designated in accordance with subsection
(c).
``(c) Designated Recipients.--(1) A member may designate in writing
another person (including a spouse, parent, or other person with an
insurable interest, as determined in accordance with the regulations
prescribed by the Secretary) to receive payments of insurance benefits
under the insurance program.
``(2) A member may direct that payments of insurance benefits for a
person designated under paragraph (1) be deposited with a bank or other
financial institution to the credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any insurance
payable under the insurance program on account of a deceased member's
period of covered service shall be paid, upon the establishment of a
valid claim, to the beneficiary or beneficiaries which the deceased
member designated in writing. If no such designation has been made, the
amount shall be payable in accordance with the laws of the State of the
member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of or in
addition to underwriting the insurance program through the Fund,
purchase from one or more insurance companies a policy or policies of
group insurance in order to provide the benefits required under this
chapter. The Secretary may waive any requirement for full and open
competition in order to purchase an insurance policy under this
subsection.
``(b) Eligible Insurers.--In order to be eligible to sell insurance
to the Secretary for purposes of subsection (a), an insurance company
shall--
``(1) be licensed to issue insurance in each of the 50
States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in effect at
least one percent of the total amount of insurance that all such
insurance companies have in effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company that
issues a policy for purposes of subsection (a) shall establish an
administrative office at a place and under a name designated by the
Secretary.
``(2) For the purposes of carrying out this chapter, the Secretary
may use the facilities and services of any insurance company issuing any
policy for purposes of subsection (a), may designate one such company as
the representative of the other companies for such purposes, and may
contract to pay a reasonable fee to the designated company for its
services.
``(d) Reinsurance.--The Secretary shall arrange with each insurance
company issuing any policy for purposes of subsection (a) to reinsure,
under conditions approved by the Secretary, portions
[[Page 110 STAT. 305]]
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 Mobilization Income Insurance.............12521''.
(b) <<NOTE: Federal Register, publication. 10 USC 12521
note.>> 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. 513. MILITARY TECHNICIAN FULL-TIME SUPPORT PROGRAM FOR ARMY
AND AIR FORCE RESERVE COMPONENTS.
(a) Requirement of Annual Authorization of End Strength.--(1)
Section 115 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(g) Congress shall authorize for each fiscal year the end strength
for military technicians for each reserve component of the Army and Air
Force. Funds available to the Department of Defense for any fiscal year
may not be used for the pay of a military technician during that fiscal
year unless the technician fills a position that is within the number of
such positions authorized by law for that fiscal year for the reserve
component of that technician. This subsection applies without regard to
section 129 of this title.''.
(2) <<NOTE: 10 USC 115 note.>> The amendment made by paragraph (1)
does not apply with respect to fiscal year 1995.
(b) <<NOTE: 10 USC 115 note.>> Authorization for Fiscal Years 1996
and 1997.--For each of fiscal years 1996 and 1997, the minimum number of
military technicians, as of the last day of that fiscal year, for the
Army and the Air Force (notwithstanding section 129 of title 10, United
States Code) shall be the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
[[Page 110 STAT. 306]]
(c) Administration of Military Technician Program.--(1) Chapter 1007
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 10216. Military technicians
``(a) Priority for Management of Military Technicians.--(1) As a
basis for making the annual request to Congress pursuant to section 115
of this title for authorization of end strengths for military
technicians of the Army and Air Force reserve components, the Secretary
of Defense shall give priority to supporting authorizations for dual
status military technicians in the following high-priority units and
organizations:
``(A) Units of the Selected Reserve that are scheduled to
deploy no later than 90 days after mobilization.
``(B) Units of the Selected Reserve that are or will deploy
to relieve active duty peacetime operations tempo.
``(C) Those organizations with the primary mission of
providing direct support surface and aviation maintenance for
the reserve components of the Army and Air Force, to the extent
that the military technicians in such units would mobilize and
deploy in a skill that is compatible with their civilian
position skill.
``(2) For each fiscal year, the Secretary of Defense shall, for the
high-priority units and organizations referred to in paragraph (1), seek
to achieve a programmed manning level for military technicians that is
not less than 90 percent of the programmed manpower structure for those
units and organizations for military technicians for that fiscal year.
``(3) Military technician authorizations and personnel in high-
priority units and organizations specified in paragraph (1) shall be
exempt from any requirement (imposed by law or otherwise) for reductions
in Department of Defense civilian personnel and shall only be reduced as
part of military force structure reductions.
``(b) Dual-Status Requirement.--The Secretary of Defense shall
require the Secretary of the Army and the Secretary of the Air Force to
establish as a condition of employment for each individual who is hired
after the date of the enactment of this section as a military technician
that the individual maintain membership in the Selected Reserve (so as
to be a so-called `dual-status' technician) and shall require that the
civilian and military position skill requirements of dual-status
military technicians be compatible. No Department of Defense funds may
be spent for compensation for any military technician hired after the
date of the enactment of this section who
is not a member of the Selected Reserve, except that compensation may be
paid for up to six months following loss of membership in the Selected
Reserve if such loss of membership was not due to the failure to meet
military standards.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10216. Military technicians.''.
(d) Review of Reserve Component Management Headquarters.--(1) The
Secretary of Defense shall, within six months after the date of the
enactment of this Act, undertake steps to reduce, consolidate, and
streamline management headquarters operations of the reserve components.
As part of those steps, the Secretary shall identify those military
technicians positions in such
[[Page 110 STAT. 307]]
headquarters operations that are excess to the requirements of those
headquarters.
(2) Of the military technicians positions that are identified under
paragraph (1), the Secretary shall reallocate up to 95 percent of the
annual funding required to support those positions for the purpose of
creating new positions or filling existing positions in the high-
priority units and activities specified in section 10216(a) of title 10,
United States Code, as added by subsection (c).
(e) Annual Defense Manpower Requirements Report.--Section 115a of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(h) In each such report, the Secretary shall include a separate
report on the Army and Air Force military technician programs. The
report shall include a presentation, shown by reserve component and
shown both as of the end of the preceding fiscal year and for the next
fiscal year, of the following:
``(1) The number of military technicians required to be
employed (as specified in accordance with Department of Defense
procedures), the number authorized to be employed under
Department of Defense personnel procedures, and the number
actually employed.
``(2) Within each of the numbers under paragraph (1)--
``(A) the number applicable to a reserve component
management headquarter organization; and
``(B) the number applicable to high-priority units
and organizations (as specified in section 10216(a) of
this title).
``(3) Within each of the numbers under paragraph (1), the
numbers of military technicians who are not themselves members
of a reserve component (so-called `single-status' technicians),
with a further display of such numbers as specified in paragraph
(2).''.
SEC. 514. REVISIONS TO ARMY GUARD COMBAT REFORM INITIATIVE TO
INCLUDE ARMY RESERVE UNDER CERTAIN
PROVISIONS AND MAKE CERTAIN REVISIONS.
(a) Prior Active Duty Personnel.--Section 1111 of the Army National
Guard Combat Readiness Reform Act of 1992 (title XI of Public Law 102-
484) <<NOTE: 10 USC 10105 note.>> is amended--
(1) in the section heading, by striking out the first three
words;
(2) by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
``(a) Additional Prior Active Duty Officers.--The Secretary of the
Army shall increase the number of qualified prior active-duty officers
in the Army National Guard by providing a program that permits the
separation of officers on active duty with at least two, but less than
three, years of active service upon condition that the officer is
accepted for appointment in the Army National Guard. The Secretary shall
have a goal of having not fewer than 150 officers become members of the
Army National Guard each year under this section.
``(b) Additional Prior Active Duty Enlisted Members.--The Secretary
of the Army shall increase the number of qualified prior active-duty
enlisted members in the Army National Guard through the use of
enlistments as described in section 8020 of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139). The Secretary shall
enlist not fewer than 1,000 new
[[Page 110 STAT. 308]]
enlisted members each year under enlistments described in that
section.''; and
(3) by striking out subsections (d) and (e).
(b) <<NOTE: 10 USC 10105 note.>> Service in the Selected Reserve in
Lieu of Active Duty Service for ROTC Graduates.--Section 1112(b) of such
Act (106 Stat. 2537) is amended by striking out ``National Guard''
before the period at the end and inserting in lieu thereof ``Selected
Reserve''.
(c) <<NOTE: 10 USC 10105 note.>> Review of Officer Promotions.--
Section 1113 of such Act (106 Stat. 2537) is amended--
(1) in subsection (a), by striking out ``National Guard''
both places it appears and inserting in lieu thereof ``Selected
Reserve''; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Coverage of Selected Reserve Combat and Early Deploying
Units.--(1) Subsection (a) applies to officers in all units of the
Selected Reserve that are designated as combat units or that are
designated for deployment within 75 days of mobilization.
``(2) <<NOTE: Effective date.>> Subsection (a) shall take effect
with respect to officers of the Army Reserve, and with respect to
officers of the Army National Guard in units not subject to subsection
(a) as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996, at the end of the 90-day period
beginning on such date of enactment.''.
(d) <<NOTE: 10 USC 10105 note.>> Initial Entry Training and
Nondeployable Personnel.--Section 1115 of such Act (106 Stat. 2538) is
amended--
(1) in subsections (a) and (b), by striking out ``National
Guard'' each place it appears and inserting in lieu thereof
``Selected Reserve''; and
(2) in subsection (c)--
(A) by striking out ``a member of the Army National
Guard enters the National Guard'' and inserting
in lieu thereof ``a member of the Army Selected Reserve enters the Army
Selected Reserve''; and
(B) by striking out ``from the Army National
Guard''.
(e) <<NOTE: 10 USC 10105 note.>> Accounting of Members Who Fail
Physical Deployability Standards.--Section 1116 of such Act (106 Stat.
2539) is amended by striking out ``National Guard'' each place it
appears and inserting in lieu thereof ``Selected Reserve''.
(f) Use of Combat Simulators.--Section 1120 of such Act (106 Stat.
2539) is amended by inserting ``and the Army Reserve'' before the period
at the end.
SEC. 515. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) <<NOTE: 10 USC 10105 note.>> Associate Units.--Subsection (a) of
section 1131 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2540) is amended to read as follows:
``(a) Associate Units.--The Secretary of the Army shall require--
``(1) that each ground combat maneuver brigade of the Army
National Guard that (as determined by the Secretary) is
essential for the execution of the National Military Strategy be
associated with an active-duty combat unit; and
``(2) that combat support and combat service support units
of the Army Selected Reserve that (as determined by the Sec
[[Page 110 STAT. 309]]
retary) are essential for the execution of the National Military
Strategy be associated with active-duty units.''.
(b) Responsibilities.--Subsection (b) of such section is
amended--
(1) by striking out ``National Guard combat unit'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``National Guard unit or Army Selected Reserve unit that (as
determined by the Secretary under subsection (a)) is essential
for the execution of the National Military Strategy''; and
(2) by striking out ``of the National Guard unit'' in
paragraphs (1), (2), (3), and (4) and inserting in lieu thereof
``of that unit''.
SEC. 516. 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''.
SEC. 517. 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.''.
Subtitle C--Decorations and Awards
SEC. 521. <<NOTE: 10 USC 1129 note.>> AWARD OF PURPLE HEART TO
PERSONS WOUNDED WHILE HELD AS PRISONERS OF
WAR BEFORE APRIL 25, 1962.
(a) Award of Purple Heart.--For purposes of the award of the Purple
Heart, the Secretary concerned (as defined in section 101 of title 10,
United States Code) shall treat a former prisoner of war who was wounded
before April 25, 1962, while held as a prisoner of war (or while being
taken captive) in the same manner as a former prisoner of war who is
wounded on or after that date while held as a prisoner of war (or while
being taken captive).
(b) Standards for Award.--An award of the Purple Heart under
subsection (a) shall be made in accordance with the standards in effect
on the date of the enactment of this Act for the award of the Purple
Heart to persons wounded on or after April 25, 1962.
(c) Eligible Former Prisoners of War.--A person shall be considered
to be a former prisoner of war for purposes of this
[[Page 110 STAT. 310]]
section if the person is eligible for the prisoner-of-war medal under
section 1128 of title 10, United States Code.
SEC. 522. <<NOTE: 10 USC 1130 note.>> AUTHORITY TO AWARD
DECORATIONS RECOGNIZING ACTS OF VALOR
PERFORMED IN COMBAT DURING THE VIETNAM
CONFLICT.
(a) Findings.--Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried out by
the Armed Forces in the Ia Drang Valley of Vietnam from October
23, 1965, to November 26, 1965, is illustrative of the many
battles during the Vietnam conflict which pitted forces of the
United States against North Vietnamese Army regulars and Viet
Cong in vicious fighting.
(2) Accounts of those battles that have been published since
the end of that conflict authoritatively document numerous and
repeated acts of extraordinary heroism, sacrifice, and bravery
on the part of members of the Armed Forces, many of which have
never been officially recognized.
(3) In some of those battles, United States military units
suffered substantial losses, with some units sustaining
casualties in excess of 50 percent.
(4) The incidence of heavy casualties throughout the Vietnam
conflict inhibited the timely collection of comprehensive and
detailed information to support recommendations for awards
recognizing acts of heroism, sacrifice, and bravery.
(5) Subsequent requests to the Secretaries of the military
departments for review of award recommendations for such acts
have been denied because of restrictions in law and regulations
that require timely filing of such recommendations and
documented justification.
(6) Acts of heroism, sacrifice, and bravery performed in
combat by members of the Armed Forces deserve appropriate and
timely recognition by the people of the United States.
(7) It is appropriate to recognize acts of heroism,
sacrifice, or bravery that are belatedly, but properly,
documented by persons who witnessed those acts.
(b) Waiver of Time Limitations for Recommendations for Awards.--(1)
Any decoration covered by paragraph (2) may be awarded, without regard
to any time limit imposed by law or regulation for a recommendation for
such award to any person for actions by that person in the Southeast
Asia theater of operations while serving on active duty during the
Vietnam era. The waiver of time limitations under this paragraph applies
only in the case of awards for acts of valor for which a request for
consideration is submitted under subsection (c).
(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 members of the Armed Forces for acts of
valor.
(c) Review of Requests for Consideration of Awards.--(1) The
Secretary of each military department shall review each request for
consideration of award of a decoration described in subsection (b) that
are received by the Secretary during the one-year period beginning on
the date of enactment of this Act.
[[Page 110 STAT. 311]]
(2) The Secretaries shall begin the review within 30 days after the
date of the enactment of this Act and shall complete the review of each
request for consideration not later than one year after the date on
which the request is received.
(3) The Secretary may use the same process for carrying out the
review as the Secretary uses for reviewing other recommendations for
award of decorations to members of the Armed Forces under the
Secretary's jurisdiction for valorous acts.
(d) Report.--(1) Upon completing the review of each such request
under subsection (c), 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.
(2) The report shall include, with respect to each request for
consideration received, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for consideration.
(e) Definition.--For purposes of this section:
(1) The term ``Vietnam era'' has the meaning given that term
in section 101 of title 38, United States Code.
(2) The term ``active duty'' has the meaning given that term
in section 101 of title 10, United States Code.
SEC. 523. <<NOTE: 10 USC 1130 note.>> MILITARY INTELLIGENCE
PERSONNEL PREVENTED BY SECRECY FROM BEING
CONSIDERED FOR DECORATIONS AND AWARDS.
(a) Waiver on Restrictions of Awards.--(1) Any decoration covered by
paragraph (2) may be awarded, without regard to any time limit imposed
by law or regulation for a recommendation for such award, to any person
for an act, achievement, or service that the person performed in
carrying out military intelligence duties during the period beginning on
January 1, 1940, and ending on 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 Requests for Consideration of Awards.--(1) The
Secretary of each military department shall review each request for
consideration of award of a decoration described in subsection (a) that
is received by the Secretary during the one-year period beginning on the
date of the enactment of this Act.
(2) The Secretaries shall begin the review within 30 days after the
date of the enactment of this Act and shall complete the review of each
request for consideration not later than one year after the date on
which the request is received.
(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 Forces under the
Secretary's jurisdiction for acts, achievements, or service.
(c) Report.--(1) Upon completing the review of each such request
under subsection (b), the Secretary shall submit a report on the review
to the Committee on Armed Services of the Senate
[[Page 110 STAT. 312]]
and the Committee on National Security of the House of Representatives.
(2) The report shall include, with respect to each request for
consideration reviewed, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for consideration.
(D) Administrative or legislative recommendations to improve
award procedures with respect to military intelligence
personnel.
(d) Definition.--For purposes of this section, the term ``active
duty'' has the meaning given such term in section 101 of title 10,
United States Code.
SEC. 524. <<NOTE: Records. 10 USC 3741 note.>> REVIEW REGARDING
UPGRADING OF DISTINGUISHED-SERVICE CROSSES
AND NAVY CROSSES AWARDED TO ASIAN-
AMERICANS AND NATIVE AMERICAN PACIFIC
ISLANDERS FOR WORLD WAR II SERVICE.
(a) Review Required.--(1) The Secretary of the Army shall review the
records relating to each award of the Distinguished-Service Cross, and
the Secretary of the Navy shall review the records relating to each
award of the Navy Cross, that was awarded to an Asian-American or a
Native American Pacific Islander with respect to service as a member of
the Armed Forces during World War II. The purpose of the review shall be
to determine whether any such award should be upgraded to the Medal of
Honor.
(2) If the Secretary concerned determines, based upon the review
under paragraph (1), that such an upgrade is appropriate in the case of
any person, the Secretary shall submit to the President a recommendation
that the President award the Medal of Honor to that person.
(b) Waiver of Time Limitations.--A Medal of Honor may be awarded to
a person referred to in subsection (a) in accordance with a
recommendation of the Secretary concerned under that subsection without
regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished-Service Cross or Navy Cross
has been awarded.
(c) Definition.--For purposes of this section, 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.).
SEC. 525. <<NOTE: 10 USC 1130 note.>> ELIGIBILITY FOR ARMED
FORCES EXPEDITIONARY MEDAL BASED UPON
SERVICE IN EL SALVADOR.
(a) In General.--For the purpose of determining eligibility of
members and former members of the Armed Forces for the Armed Forces
Expeditionary Medal, the country of El Salvador during the period
beginning on January 1, 1981 and ending on February 1, 1992, shall be
treated as having been designated as an area and a period of time in
which members of the Armed Forces participated in operations in
significant numbers and otherwise met the general requirements for the
award of that medal.
[[Page 110 STAT. 313]]
(b) Individual Determination.--The Secretary of the military
department concerned shall determine whether individual members or
former members of the Armed Forces who served in El Salvador during the
period beginning on January 1, 1981 and ending on February 1, 1992 meet
the individual service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations. Such
determinations shall be made as expeditiously as possible after the date
of the enactment of this Act.
SEC. 526. PROCEDURE FOR CONSIDERATION OF MILITARY DECORATIONS NOT
PREVIOUSLY SUBMITTED IN TIMELY FASHION.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1130. Consideration of proposals for decorations not
previously submitted in timely fashion:
procedures for review and recommendation
``(a) Upon request of a Member of Congress, the Secretary concerned
shall review a proposal for the award or presentation of a decoration
(or the upgrading of a decoration), either for an individual or a unit,
that is not otherwise authorized to be presented or awarded due to
limitations established by law or policy for timely submission of a
recommendation for such award or presentation. Based upon such review,
the Secretary shall make a determination as to the merits of approving
the award or presentation of the decoration and the other determinations
necessary to comply with subsection (b).
``(b) Upon making a determination under subsection (a) as to the
merits of approving the award or presentation of the decoration, the
Secretary concerned shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House of
Representatives and to the requesting member of Congress notice in
writing of one of the following:
``(1) The award or presentation of the decoration does not
warrant approval on the merits.
``(2) The award or presentation of the decoration warrants
approval and a waiver by law of time restrictions prescribed by
law is recommended.
``(3) The award or presentation of the decoration warrants
approval on the merits and has been approved as an exception to
policy.
``(4) The award or presentation of the decoration warrants
approval on the merits, but a waiver of the time restrictions
prescribed by law or policy is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a statement
of the reasons for the decision of the Secretary.
``(c) Determinations under this section regarding the award or
presentation of a decoration shall be made in accordance with the same
procedures that apply to the approval or disapproval of the award or
presentation of a decoration when a recommendation for such award or
presentation is submitted in a timely manner as prescribed by law or
regulation.
``(d) In this section:
``(1) The term `Member of Congress' means--
``(A) a Senator; or
[[Page 110 STAT. 314]]
``(B) a Representative in, or a Delegate or Resident
Commissioner to, Congress.
``(2) The term `decoration' means any decoration or award
that may be presented or awarded to a member or unit of the
armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
recommendation.''.
Subtitle D--Officer Education Programs
PART I--SERVICE ACADEMIES
SEC. 531. REVISION OF SERVICE OBLIGATION FOR GRADUATES OF THE
SERVICE ACADEMIES.
(a) Military Academy.--Section 4348(a)(2)(B) of title 10, United
States Code, 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.--(1) The Secretary of Defense
shall 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.
(2) Not later than April 1, 1996, 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 Secretary's
findings under the review, 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) <<NOTE: 10 USC 4348 note.>> Applicability.--The amendments made
by this section apply to persons first admitted to the United States
Military Academy, United States Naval Academy, and United States Air
Force Academy after December 31, 1991.
SEC. 532. NOMINATIONS TO SERVICE ACADEMIES FROM COMMONWEALTH OF
THE NORTHERN MARIANAS ISLANDS.
(a) Military Academy.--Section 4342(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative from
the commonwealth.''.
(b) Naval Academy.--Section 6954(a) of title 10, United States Code,
is amended by inserting after paragraph (9) the following new paragraph:
[[Page 110 STAT. 315]]
``(10) One from the Commonwealth of the Northern Marianas
Islands, nominated by the resident representative from the
commonwealth.''.
(c) Air Force Academy.--Section 9342(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative from
the commonwealth.''.
SEC. 533. 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) and
(e). <<NOTE: 10 USC 6975, 6975 note.>>
(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. 534. REPEAL OF REQUIREMENT FOR PROGRAM TO TEST PRIVATIZATION
OF SERVICE ACADEMY PREPARATORY SCHOOLS.
Section 536 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 4331 note) is repealed.
PART II--RESERVE OFFICER TRAINING CORPS
SEC. 541. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants
and contracts
``(a) Denial of Department of Defense Grants and Contracts.--(1) No
funds appropriated or otherwise available to the Department of Defense
may be made obligated by contract or by grant (including a grant of
funds to be available for student aid) to any institution of higher
education that, as determined by the Secretary of Defense, has an anti-
ROTC policy and at which, as determined by the Secretary, the Secretary
would otherwise maintain or seek to establish a unit of the Senior
Reserve Officer Training Corps or at which the Secretary would otherwise
enroll or seek to enroll students for participation in a unit of the
Senior Reserve Officer Training Corps at another nearby institution of
higher education.
``(2) In the case of an institution of higher education that is
ineligible for Department of Defense grants and contracts by reason of
paragraph (1), the prohibition under that paragraph shall
[[Page 110 STAT. 316]]
cease to apply to that institution upon a determination by the Secretary
that the institution no longer has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary makes a
determination under subsection (a) that an institution has an anti-ROTC
policy, or that an institution previously determined to have an anti-
ROTC policy no longer has such a policy, the Secretary--
``(1) shall transmit notice of that determination to the
Secretary of Education and to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives; and
``(2) <<NOTE: Federal Register, publication.>> shall publish
in the Federal Register notice of that determination and of the
effect of that determination under subsection (a)(1) on the
eligibility of that institution for Department of Defense grants
and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary shall
publish in the Federal Register once every six months a list of each
institution of higher education that is currently ineligible for
Department of Defense grants and contracts by reason of a determination
of the Secretary under subsection (a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-ROTC
policy' means a policy or practice of an institution of higher education
that--
``(1) prohibits, or in effect prevents, the Secretary of
Defense from maintaining or establishing a unit of the Senior
Reserve Officer Training Corps at that institution, or
``(2) prohibits, or in effect prevents, a student at that
institution from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``983. Institutions of higher education that prohibit Senior ROTC units:
denial of Department of Defense grants and contracts.''.
SEC. 542. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.
(a) Clarification of Restriction on Active Duty.--Paragraph (2) of
section 2107(h) of title 10, United States Code, is amended by inserting
``full-time'' before ``active duty'' in the second sentence.
(b) Redesignation of ROTC Scholarships.--Such paragraph is further
amended by inserting after the first sentence the following new
sentence: ``A cadet designated under this paragraph who, having
initially contracted for service as provided in subsection (b)(5)(A) and
having received financial assistance for two years under an award
providing for four years of financial assistance under this section,
modifies such contract with the consent of the Secretary of the Army to
provide for service as described in subsection (b)(5)(B), may be
counted, for the year in which the contract is modified, toward the
number of appointments required under the preceding sentence for
financial assistance awarded for a period of four years.''.
SEC. 543. 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
[[Page 110 STAT. 317]]
Army until six months after the date on which the report required by
subsection (d) is submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall conduct
a comparative cost-benefit analysis of various options for the
reorganization of the regional headquarters and basic camp structure of
the Army ROTC program. As part of such analysis, the Secretary shall
measure each reorganization option considered against a common set of
criteria.
(c) Selection of Reorganization Option for Implementation.--Based on
the findings resulting from the cost-benefit analysis under subsection
(b) and such other factors as the Secretary considers appropriate, the
Secretary shall select one reorganization option for implementation. The
Secretary may select an option for implementation only if the Secretary
finds that the cost-benefit analysis and other factors considered
clearly demonstrate that such option, better than any other option
considered--
(1) provides the structure to meet projected mission
requirements;
(2) achieves the most significant personnel and cost
savings;
(3) uses existing basic and advanced camp facilities to the
maximum extent possible;
(4) minimizes additional military construction costs; and
(5) makes maximum use of the reserve components to support
basic and advanced camp operations, thereby minimizing the
effect of those operations on active duty units.
(d) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives a report describing the reorganization
option selected under subsection (c). The report shall include the
results of the cost-benefit analysis under subsection (b) and a detailed
rationale for the reorganization option selected.
SEC. 544. 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. 545. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY AT SENIOR
MILITARY COLLEGES TO SERVE AS COMMANDANT
AND ASSISTANT COMMANDANT OF CADETS AND AS
TACTICAL OFFICERS.
(a) In General.--Chapter 103 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2111a. Detail of officers to senior military colleges
``(a) Detail of Officers To Serve as Commandant or Assistant
Commandant of Cadets.--(1) Upon the request of a senior military
college, the Secretary of Defense may detail an officer on the active-
duty list to serve as Commandant of Cadets at that college or (in the
case of a college with an Assistant Commandant of Cadets) detail an
officer on the active-duty list to serve as Assistant Commandant of
Cadets at that college (but not both).
``(2) In the case of an officer detailed as Commandant of Cadets,
the officer may, upon the request of the college, be assigned from
[[Page 110 STAT. 318]]
among the Professor of Military Science, the Professor of Naval Science
(if any), and the Professor of Aerospace Science (if any) at that
college or may be in addition to any other officer detailed to that
college in support of the program.
``(3) In the case of an officer detailed as Assistant Commandant of
Cadets, the officer may, upon the request of the college, be assigned
from among officers otherwise detailed to duty at that college in
support of the program or may be in addition to any other officer
detailed to that college in support of the program.
``(b) Designation of Officers as Tactical Officers.--Upon the
request of a senior military college, the Secretary of Defense may
authorize officers (other than officers covered by subsection (a)) who
are detailed to duty as instructors at that college to act
simultaneously as tactical officers (with or without compensation) for
the Corps of Cadets at that college.
``(c) Detail of Officers.--The Secretary of a military department
shall designate officers for detail to the program at a senior military
college in accordance with criteria provided by the college. An officer
may not be detailed to a senior military college without the approval of
that college.
``(d) Senior Military Colleges.--The senior military colleges are
the following:
``(1) Texas A&M University.
``(2) Norwich College.
``(3) The Virginia Military Institute.
``(4) The Citadel.
``(5) Virginia Polytechnic Institute and State University.
``(6) North Georgia College.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2111a. Detail of officers to senior military colleges.''.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 551. <<NOTE: 10 USC 113 note.>> REPORT CONCERNING
APPROPRIATE FORUM FOR JUDICIAL REVIEW OF
DEPARTMENT OF DEFENSE PERSONNEL ACTIONS.
(a) Establishment.--The Secretary of Defense shall establish an
advisory committee to consider issues relating to the appropriate forum
for judicial review of Department of Defense administrative personnel
actions.
(b) Membership.--(1) The committee shall be composed of five
members, who shall be appointed by the Secretary of Defense after
consultation with the Attorney General and the Chief Justice of the
United States.
(2) All members of the committee shall be appointed not later than
30 days after the date of the enactment of this Act.
(c) Duties.--The committee shall review, and provide findings and
recommendations regarding, the following matters with respect to
judicial review of administrative personnel actions of the Department of
Defense:
[[Page 110 STAT. 319]]
(1) Whether the existing forum for such review through the
United States district courts provides appropriate and adequate
review of such actions.
(2) Whether jurisdiction to conduct judicial review of such
actions should be established in a single court in order to
provide a centralized review of such actions and, if so, in
which court that jurisdiction should be vested.
(d) Report.--(1) Not later than December 15, 1996, the committee
shall submit to the Secretary of Defense a report setting forth its
findings and recommendations, including its recommendations pursuant to
subsection (c).
(2) Not later than January 1, 1997, the Secretary of Defense, after
consultation with the Attorney General, shall transmit the committee's
report to Congress. The Secretary may include in the transmittal any
comments on the report that the Secretary or the Attorney General
consider appropriate.
(e) Termination of Committee.--The committee shall terminate 30 days
after the date of the submission of its report to Congress under
subsection (d)(2).
SEC. 552. <<NOTE: 10 USC 115 note.>> COMPTROLLER GENERAL REVIEW
OF PROPOSED ARMY END STRENGTH ALLOCATIONS.
(a) In General.--During fiscal years 1996 through 2001, the
Comptroller General of the United States shall analyze the plans of the
Secretary of the Army for the allocation of assigned active component
end strengths for the Army through the requirements process known as
Total Army Analysis 2003 and through any subsequent similar requirements
process of the Army that is conducted before 2002. The Comptroller
General's analysis shall consider whether the proposed active component
end strengths and planned allocation of forces for that period will be
sufficient to implement the national military strategy. In monitoring
those plans, the Comptroller General shall determine the extent to which
the Army will be able during that period--
(1) to man fully the combat force based on the projected
active component Army end strength for each of fiscal years 1996
through 2001;
(2) to meet the support requirements for the force and
strategy specified in the report of the Bottom-Up Review,
including requirements for operations other than war; and
(3) to streamline further Army infrastructure in order to
eliminate duplication and inefficiencies and replace active duty
personnel in overhead positions, whenever practicable, with
civilian or reserve personnel.
(b) Access to Documents, Etc.--The Secretary of the Army shall
ensure that the Comptroller General is provided access, on a timely
basis and in accordance with the needs of the Comptroller General, to
all analyses, models, memoranda, reports, and other documents prepared
or used in connection with the requirements process of the Army known as
Total Army Analysis 2003 and any subsequent similar requirements process
of the Army that is conducted before 2002.
(c) Annual Report.--Not later than March 1 of each year through
2002, the Comptroller General shall submit to Congress a report on the
findings and conclusions of the Comptroller General under this section.
[[Page 110 STAT. 320]]
SEC. 553. REPORT ON MANNING STATUS OF HIGHLY DEPLOYABLE SUPPORT
UNITS.
(a) Report.--Not later than September 30, 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 units of the Armed Forces under the Secretary's
jurisdiction--
(1) that (as determined by the Secretary of the military
department concerned) are high-priority support units that would
deploy early in a contingency operation or other crisis; and
(2) that are, as a matter of policy, managed at less than
100 percent of their authorized strengths.
(b) Matters To Be Included.--The Secretary shall include in the
report--
(1) the number of such high-priority support units (shown by
type of unit) that are so managed;
(2) the level of manning within such high-priority support
units; and
(3) with respect to each such unit, either the justification
for manning of less than 100 percent or the status of corrective
action.
SEC. 554. REVIEW OF SYSTEM FOR CORRECTION OF MILITARY RECORDS.
(a) Review of Procedures.--The Secretary of Defense shall review the
system and procedures for the correction of military records used by the
Secretaries of the military departments 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. The Secretary may
not delegate responsibility for the review to an officer or official of
a military department.
(b) Issues Reviewed.--In conducting the review, the Secretary shall
consider (with respect to each Board for the Correction of Military
Records) the following:
(1) The composition of the board and of the support staff
for the board.
(2) Timeliness of final action.
(3) Independence of deliberations by the civilian board.
(4) The authority of the Secretary of the military
department concerned to modify the recommendations of the board.
(5) Burden of proof and other evidentiary standards.
(6) Alternative methods for correcting military records.
(7) Whether the board should be consolidated with the
Discharge Review Board of the military department.
(c) Report.--Not later than April 1, 1996, the Secretary of Defense
shall submit a report on the results of the Secretary's review under
this section to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
report shall contain the recommendations of the Secretary for improving
the process for correcting military records in order to achieve the
objectives referred to in subsection (a).
[[Page 110 STAT. 321]]
SEC. 555. REPORT ON THE CONSISTENCY OF REPORTING OF FINGERPRINT
CARDS AND FINAL DISPOSITION FORMS TO THE
FEDERAL BUREAU OF INVESTIGATION.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on the consistency with which fingerprint cards and final
disposition forms, as described in Criminal Investigations Policy
Memorandum 10 issued by the Defense Inspector General on March 25, 1987,
are reported by the Defense Criminal Investigative Organizations to the
Federal Bureau of Investigation for inclusion in the Bureau's criminal
history identification files. The report shall be prepared in
consultation with the Director of the Federal Bureau of Investigation.
(b) Matters To Be Included.--In the report, the Secretary shall--
(1) survey fingerprint cards and final disposition forms
filled out in the past 24 months by each investigative
organization;
(2) compare the fingerprint cards and final disposition
forms filled out to all judicial and nonjudicial procedures
initiated as a result of actions taken by each investigative
service in the past 24 months;
(3) account for any discrepancies between the forms filled
out and the judicial and nonjudicial procedures initiated;
(4) compare the fingerprint cards and final disposition
forms filled out with the information held by the Federal Bureau
of Investigation criminal history identification files;
(5) identify any weaknesses in the collection of fingerprint
cards and final disposition forms and in the reporting of that
information to the Federal Bureau of Investigation; and
(6) determine whether or not other law enforcement
activities of the military services collect and report such
information or, if not, should collect and report such
information.
(c) Submission of Report.--The report shall be submitted not later
than one year after the date of the enactment of this Act.
(d) Definition.--For the purposes of this section, the term
``criminal history identification files'', with respect to the Federal
Bureau of Investigation, means the criminal history record system
maintained by the Federal Bureau of Investigation based on fingerprint
identification and any other method of positive identification.
Subtitle F--Other Matters
SEC. 561. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR OFFICERS
AND ENLISTED MEMBERS.
(a) Enlisted Service Credit.--Section 972 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Enlisted Members Required To Make Up
Time Lost.--'' before ``An enlisted member'';
(2) 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
(3) by redesignating paragraph (5) as paragraph (4).
[[Page 110 STAT. 322]]
(b) Officer Service Credit.--Such section is further amended by
adding at the end the following:
``(b) Officers Not Allowed Service Credit for Time Lost.--In the
case of an officer of an armed force who after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1996--
``(1) deserts;
``(2) is absent from his 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 his duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to
perform duties may not be counted in computing, for any purpose other
than basic pay under section 205 of title 37, the officer's length of
service.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 972. Members: effect of time lost
(2) The item relating to section 972 in the table of sections at the
beginning of chapter 49 of such title is amended to read as follows:
``972. Members: effect of time lost.''.
(d) Conforming Amendments.--(1) <<NOTE: 10 USC 1405.>> Section
1405(c) is amended--
(A) by striking out ``Made Up.--Time'' and inserting in lieu
thereof ``Made Up or Excluded.--(1) Time'';
(B) by striking out ``section 972'' and inserting in lieu
thereof ``section 972(a)'';
(C) by inserting after ``of this title'' the following: ``,
or required to be made up by an enlisted member of the Navy,
Marine Corps, or Coast Guard under that section with respect to
a period of time after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1995,''; and
(D) by adding at the end the following:
``(2) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(2) Chapter 367 of such title is amended--
(A) in section 3925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 3926 the following new
subsection:
``(e) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(3)(A) Chapter 571 of such title is amended by inserting after
section 6327 the following new section:
[[Page 110 STAT. 323]]
``Sec. 6328. Computation of years of service: voluntary retirement
``(a) Enlisted Members.--Time required to be made up under section
972(a) of this title after the date of the enactment of this section may
not be counted in computing years of service under this chapter.
``(b) Officers.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of this
chapter any time identified with respect to that officer under that
section.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 6327 the
following new item:
``6328. Computation of years of service: voluntary retirement.''.
(4) Chapter 867 of such title is amended--
(A) in section 8925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 8926 the following new
subsection:
``(d) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(e) <<NOTE: 10 USC 972 note.>> Effective Date and Applicability.--
The amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply to any period of time covered by
section 972 of title 10, United States Code, that occurs after that
date.
SEC. 562. ARMY RANGER TRAINING.
(a) In General.--(1) Chapter 401 of title 10, United States Code, is
amended by inserting after section 4302 the following new section:
``Sec. 4303. Army Ranger training: instructor staffing; safety
``(a) Levels of Personnel Assigned.--(1) The Secretary of the Army
shall ensure that at all times the number of officers, and the number of
enlisted members, permanently assigned to the Ranger Training Brigade
(or other organizational element of the Army primarily responsible for
Ranger student training) are not less than 90 percent of the required
manning spaces for officers, and for enlisted members, respectively, for
that brigade.
``(2) In this subsection, the term `required manning spaces' means
the number of personnel spaces for officers, and the number of personnel
spaces for enlisted members, that are designated in Army authorization
documents as the number required to accomplish the missions of a
particular unit or organization.
``(b) Training Safety Cells.--(1) The Secretary of the Army shall
establish and maintain an organizational entity known as a `safety cell'
as part of the organizational elements of the Army responsible for
conducting each of the three major phases of the Ranger Course. The
safety cell in each different geographic area of Ranger Course training
shall be comprised of personnel who have sufficient continuity and
experience in that geographic area of such training to be knowledgeable
of the local conditions year-round, including conditions of terrain,
weather, water, and climate and other conditions and the potential
effect on those conditions on Ranger student training and safety.
``(2) Members of each safety cell shall be assigned in sufficient
numbers to serve as advisers to the officers in charge of the major
[[Page 110 STAT. 324]]
phase of Ranger training and shall assist those officers in making
informed daily `go' and `no-go' decisions regarding training in light of
all relevant conditions, including conditions of terrain, weather,
water, and climate and other conditions.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4302 the
following new item:
``4303. Army Ranger training: instructor staffing; safety.''.
(b) <<NOTE: 10 USC 4303 note.>> Accomplishment of Required Manning
Levels.--(1) If, as of the date of the enactment of this Act, the number
of officers, and the number of enlisted members, permanently assigned to
the Army Ranger Training Brigade are not each at (or above) the
requirement specified in subsection (a) of section 4303 of title 10,
United States Code, as added by subsection (a), the Secretary of the
Army shall--
(A) take such steps as necessary to accomplish that
requirement within 12 months after such date of enactment; and
(B) submit to Congress, not later than 90 days after such
date of enactment, a plan to achieve and maintain that
requirement.
(2) The requirement specified in subsection (a) of section 4303 of
title 10, United States Code, as added by subsection (a), shall expire
two years after the date (on or after the date of the enactment of this
Act) on which the required manning levels referred to in paragraph (1)
are first attained.
(c) <<NOTE: Reports.>> GAO Assessment.--(1) Not later than one year
after the date of the enactment of this Act, the Comptroller General
shall submit to Congress a report providing a preliminary assessment of
the implementation and effectiveness of all corrective actions taken by
the Army as a result of the February 1995 accident at the Florida Ranger
Training Camp, including an evaluation of the implementation of the
required manning levels established by subsection (a) of section 4303 of
title 10, United States Code, as added by subsection (a).
(2) At the end of the two-year period specified in subsection
(b)(2), the Comptroller General shall submit to Congress a report
providing a final assessment of the matters covered in the preliminary
report under paragraph (1). The report shall include the Comptroller
General's recommendation as to the need to continue required statutory
manning levels as specified in subsection (a) of section 4303 of title
10, United States Code, as added by subsection (a).
(d) Sense of Congress.--In light of requirement that particularly
dangerous training activities (such as Ranger training, Search, Evasion,
Rescue, and Escape (SERE) training, SEAL training, and Airborne
training) must be adequately manned and resourced to ensure safety and
effective oversight, it is the sense of Congress--
(1) that the Secretary of Defense, in conjunction with the
Secretaries of the military departments, should review and, if
necessary, enhance oversight of all such training activities;
and
(2) that organizations similar to the safety cells required
to be established for Army Ranger training in section 4303 of
title 10, United States Code, as added by subsection (a), should
(when appropriate) be used for all such training activities.
[[Page 110 STAT. 325]]
SEC. 563. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT.
(a) Separation.--(1)(A) Chapter 59 of title 10, United States Code,
is amended by inserting after section 1166 the following new section:
``Sec. 1167. Members under confinement by sentence of court-
martial: separation after six months
confinement
``Except as otherwise provided in regulations prescribed by the
Secretary of Defense, a member sentenced by a court-martial to a period
of confinement for more than six months may be separated from the
member'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 six months.''.
(B) The table of sections at the beginning of chapter 59 of such
title is amended by inserting after the item relating to section 1166
the following new item:
``1167. Members under confinement by sentence of court-martial:
separation after six months confinement.''.
(2)(A) Chapter 1221 of title 10, United States Code, is amended by
adding at the end the following:
``Sec. 12687. Reserves under confinement by sentence of court-
martial: separation after six months
confinement
``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 more than six months may be separated from that
Reserve's armed force at any time after the sentence to confinement has
become final under chapter 47 of this title and the Reserve has served
in confinement for a period of six months.''.
(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. Reserves under confinement by sentence of court-martial:
separation after six months confinement.''.
(b) Drop From Rolls.--(1) Section 1161(b) of title 10, United States
Code, is amended by striking out ``or (2)'' and inserting in lieu
thereof ``(2) who may be separated under section 1178 of this title by
reason of a sentence to confinement adjudged by a court-martial, or
(3)''.
(2) Section 12684 of such title is amended--
(A) by striking out ``or'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) who may be separated under section 12687 of this title
by reason of a sentence to confinement adjudged by a court-
martial; or''.
SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 129b the following new section:
[[Page 110 STAT. 326]]
``Sec. 129c. Medical personnel: limitations on reductions
``(a) Limitation on Reduction.--For any fiscal year, the Secretary
of Defense may not make a reduction in the number of medical personnel
of the Department of Defense described in subsection (b) unless the
Secretary makes a certification for that fiscal year described in
subsection (c).
``(b) Covered Reductions.--Subsection (a) applies to a reduction in
the number of medical personnel of the Department of Defense as of the
end of a fiscal year to a number that is less than--
``(1) 95 percent of the number of such personnel at the end
of the immediately preceding fiscal year; or
``(2) 90 percent of the number of such personnel at the end
of the third fiscal year preceding the fiscal year.
``(c) Certification.--A certification referred to in subsection (a)
with respect to reductions in medical personnel of the Department of
Defense for any fiscal year is a certification by the Secretary of
Defense to Congress that--
``(1) the number of medical personnel being reduced is
excess to the current and projected needs of the Department of
Defense; 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 under chapter 55
of this title.
``(d) Policy for Implementing Reductions.--Whenever the Secretary of
Defense directs that there be a reduction in the total number of
military medical personnel of the Department of Defense, the Secretary
shall require that the reduction be carried out so as to ensure that the
reduction is not exclusively or disproportionately borne by any one of
the armed forces and is not exclusively or disproportionately borne by
either the active or the reserve components.
``(e) Definition.--In this section, the term `medical personnel'
means--
``(1) the members of the armed forces covered by the term
`medical personnel' as defined in section 115a(g)(2) of this
title; and
``(2) the civilian personnel of the Department of Defense
assigned to military medical facilities.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 129b the
following new item:
``129c. Medical personnel: limitations on reductions.''.
(b) <<NOTE: 10 USC 129c note.>> Special Transition Rule for Fiscal
Year 1996.--For purposes of applying subsection (b)(1) of section 129c
of title 10, United States Code, as added by subsection (a), during
fiscal year 1996, the number against which the percentage limitation of
95 percent is computed shall be the number of medical personnel of the
Department of Defense as of the end of fiscal year 1994 (rather than the
number as of the end of fiscal year 1995).
(c) Report on Planned Reductions.--(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 plan for the reduction
[[Page 110 STAT. 327]]
of the number of medical personnel of the Department of Defense over the
five-year period beginning on October 1, 1996.
(2) The Secretary shall prepare the plan through the Assistant
Secretary of Defense having responsibility for health affairs, who shall
consult in the preparation of the plan with the Surgeon General of the
Army, the Surgeon General of the Navy, and the Surgeon General of the
Air Force.
(3) For purposes of this subsection, the term ``medical personnel of
the Department of Defense'' shall have the meaning given the term
``medical personnel'' in section 129c(e) of title 10, United States
Code, as added by subsection (a).
(d) Repeal of Superseded Provisions of Law.--The following
provisions of law are repealed:
(1) Section 711 of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 115 note).
(2) Subsection (b) of section 718 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 115 note).
(3) Section 518 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 12001 note).
SEC. 565. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES.
(a) Findings.--Congress makes the following findings:
(1) Excessively high personnel tempo rates for members of
the Armed Forces resulting from high-tempo unit operations
degrades unit readiness and morale and eventually can be
expected to adversely affect unit retention.
(2) The Armed Forces have begun to develop methods to
measure and manage personnel tempo rates.
(3) The Armed Forces have attempted to reduce operations and
personnel tempo for heavily tasked units by employing
alternative capabilities and reducing tasking requirements.
(b) Sense of Congress.--The Secretary of Defense should continue to
enhance the knowledge within the Armed Forces of personnel tempo and to
improve the techniques by which personnel tempo is defined and managed
with a view toward establishing and achieving reasonable personnel tempo
standards for all personnel, regardless of service, unit, or assignment.
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS
OF COMMISSIONED CORPS OF NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of the Act of
August 10, 1956 (33 U.S.C. 857a), is amended by adding at the end the
following new paragraph:
``(15) Section 1174a, special separation benefits (except
that benefits under subsection (b)(2)(B) of such section are
subject to the availability of appropriations for such purpose
and are provided at the discretion of the Secretary of
Commerce).''.
(b) Technical Corrections.--Such section is further
amended--
(1) by striking out ``Coast and Geodetic Survey'' in
subsections (a) and (b) and inserting in lieu thereof
``commissioned officer corps of the National Oceanic and
Atmospheric Administration''; and
[[Page 110 STAT. 328]]
(2) in subsection (a), by striking out ``including changes
in those rules made after the effective date of this Act'' in
the matter preceding paragraph (1) and inserting in lieu thereof
``as those provisions are in effect from time to time''.
(c) <<NOTE: 10 USC 1293 note.>> Temporary Early Retirement
Authority.--Section 4403 (other than subsection (f)) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the commissioned officer
corps of the National Oceanic and Atmospheric Administration in the same
manner and to the same extent as that section applies to the Department
of Defense. The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps and shall
apply the provisions of that section to the provisions of the Coast and
Geodetic Survey Commissioned Officers' Act of 1948 relating to the
retirement of members of such commissioned officer corps.
(d) <<NOTE: 33 USC 857a note.>> Effective Date.--This section shall
apply only to members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated after September
30, 1995.
SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE
HIV-1 VIRUS.
(a) In General.--(1) Section 1177 of title 10, United States Code,
is amended to read as follows:
``Sec. 1177. Members infected with HIV-1 virus: mandatory
discharge or retirement
``(a) Mandatory Separation.--A member of the armed forces who is
HIV-positive shall be separated. Such separation shall be made on a date
determined by the Secretary concerned, which shall be as soon as
practicable after the date on which the determination is made that the
member is HIV-positive and not later than the last day of the sixth
month beginning after such date.
``(b) Form of Separation.--If a member to be separated under this
section is eligible to retire under any provision of law or to be
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the
member shall be so retired or so transferred. Otherwise, the member
shall be discharged. The characterization of the service of the member
shall be determined without regard to the determination that the member
is HIV-positive.
``(c) Deferral of Separation for Members in 18-Year Retirement
Sanctuary.--In the case of a member to be discharged under this section
who on the date on which the member is to be discharged is within two
years of qualifying for retirement under any provision of law, or of
qualifying for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may, as determined
by the Secretary concerned, be retained on active duty until the member
is qualified for retirement or transfer to the Fleet Reserve or Fleet
Marine Corps Reserve, as the case may be, and then be so retired or
transferred, unless the member is sooner retired or discharged under any
other provision of law.
``(d) Separation To Be Considered Involuntary.--A separation under
this section shall be considered to be an involuntary separation for
purposes of any other provision of law.
[[Page 110 STAT. 329]]
``(e) Entitlement to Health Care.--A member separated under this
section shall be entitled to medical and dental care under chapter 55 of
this title to the same extent and under the same conditions as a person
who is entitled to such care under section 1074(b) of this title.
``(f) Counseling About Available Medical Care.--A member to be
separated under this section shall be provided information, in writing,
before such separation of the available medical care (through the
Department of Veterans Affairs and otherwise) to treat the member's
condition. Such information shall include identification of specific
medical locations near the member's home of record or point of discharge
at which the member may seek necessary medical care.
``(g) HIV-Positive Members.--A member shall be considered to be HIV-
positive for purposes of this section if there is serologic evidence
that the member is infected with the virus known as Human
Immunodeficiency Virus-1 (HIV-1), the virus most commonly associated
with the acquired immune deficiency syndrome (AIDS) in the United
States. Such serologic evidence shall be considered to exist if there is
a reactive result given by an enzyme-linked immunosorbent assay (ELISA)
serologic test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate samples. Any
such serologic test must be one that is approved by the Food and Drug
Administration.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 59 of such title is amended to read as follows:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) <<NOTE: 10 USC 1177 note.>> Effective Date.--Section 1177 of
title 10, United States Code, as amended by subsection (a), applies with
respect to members of the Armed Forces determined to be HIV-positive
before, on, or after the date of the enactment of this Act. In the case
of a member of the Armed Forces determined to be HIV-positive before
such date, the deadline for separation of the member under subsection
(a) of such section, as so amended, shall be determined from the date of
the enactment of this Act (rather than from the date of such
determination).
SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND
MILITARY CHILD CARE ACT.
(a) In General.--(1) Subtitle A of title 10, United States Code, is
amended by inserting after chapter 87 the following new chapter:
``CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
``Subchapter Sec.
Military Family Programs 1781
Military Child Care 1791
``SUBCHAPTER I--MILITARY FAMILY PROGRAMS
``Sec.
``1781. Office of Family Policy.
``1782. Surveys of military families.
``1783. Family members serving on advisory committees.
``1784. Employment opportunities for military spouses.
``1785. Youth sponsorship program.
[[Page 110 STAT. 330]]
``1786. Dependent student travel within the United States.
``1787. Reporting of child abuse.
``Sec. 1781. Office of Family Policy
``(a) Establishment.--There is in the Office of the Secretary of
Defense an Office of Family Policy (hereinafter in this section referred
to as the `Office'). The Office shall be under the Assistant Secretary
of Defense for Force Management and Personnel.
``(b) Duties.--The Office--
``(1) shall coordinate programs and activities of the
military departments to the extent that they relate to military
families; and
``(2) shall make recommendations to the Secretaries of the
military departments with respect to programs and policies
regarding military families.
``(c) Staff.--The Office shall have not less than five professional
staff members.
``Sec. 1782. Surveys of military families
``(a) Authority.--The Secretary of Defense may conduct surveys of
members of the armed forces on active duty or in an active status,
members of the families of such members, and retired members of the
armed forces to determine the effectiveness of Federal programs relating
to military families and the need for new programs.
``(b) Responses To Be Voluntary.--Responses to surveys conducted
under this section shall be voluntary.
``(c) Federal Recordkeeping Requirements.--With respect to such
surveys, family members of members of the armed forces and reserve and
retired members of the armed forces shall be considered to be employees
of the United States for purposes of section 3502(3)(A)(i) of title 44.
``Sec. 1783. Family members serving on advisory committees
``A committee within the Department of Defense which advises or
assists the Department in the performance of any function which affects
members of military families and which includes members of military
families in its membership shall not be considered an advisory committee
under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)
solely because of such membership.
``Sec. 1784. Employment opportunities for military spouses
``(a) <<NOTE: President.>> Authority.--The President shall order
such measures as the President considers necessary to increase
employment opportunities for spouses of members of the armed forces.
Such measures may include--
``(1) excepting, pursuant to section 3302 of title 5, from
the competitive service positions in the Department of Defense
located outside of the United States to provide employment
opportunities for qualified spouses of members of the armed
forces in the same geographical area as the permanent duty
station of the members; and
``(2) providing preference in hiring for positions in
nonappropriated fund activities to qualified spouses of members
of the armed forces stationed in the same geographical area as
the nonappropriated fund activity for positions in wage grade
UA-8 and below and equivalent positions and for positions paid
at hourly rates.
[[Page 110 STAT. 331]]
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations--
``(1) to implement such measures as the President orders
under subsection (a);
``(2) to provide preference to qualified spouses of members
of the armed forces in hiring for any civilian position in the
Department of Defense if the spouse is among persons determined
to be best qualified for the position and if the position is
located in the same geographical area as the permanent duty
station of the member;
``(3) to ensure that notice of any vacant position in the
Department of Defense is provided in a manner reasonably
designed to reach spouses of members of the armed forces whose
permanent duty stations are in the same geographic area as the
area in which the position is located; and
``(4) to ensure that the spouse of a member of the armed
forces who applies for a vacant position in the Department of
Defense shall, to the extent practicable, be considered for any
such position located in the same geographic area as the
permanent duty station of the member.
``(c) Status of Preference Eligibles.--Nothing in this section shall
be construed to provide a spouse of a member of the armed forces with
preference in hiring over an individual who is a preference eligible.
``Sec. 1785. Youth sponsorship program
``(a) Requirement.--The Secretary of Defense shall require that
there be at each military installation a youth sponsorship program to
facilitate the integration of dependent children of members of the armed
forces into new surroundings when moving to that military installation
as a result of a parent's permanent change of station.
``(b) Description of Programs.--The program at each installation
shall provide for involvement of dependent children of members presently
stationed at the military installation and shall be directed primarily
toward children in their preteen and teenage years.
``Sec. 1786. Dependent student travel within the United States
``Funds available to the Department of Defense for the travel and
transportation of dependent students of members of the armed forces
stationed overseas may be obligated for transportation allowances for
travel within or between the contiguous States.
``Sec. 1787. Reporting of child abuse
``(a) In General.--The Secretary of Defense shall request each State
to provide for the reporting to the Secretary of any report the State
receives of known or suspected instances of child abuse and neglect in
which the person having care of the child is a member of the armed
forces (or the spouse of the member).
``(b) Definition.--In this section, the term `child abuse and
neglect' has the meaning provided in section 3(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5102).
``SUBCHAPTER II--MILITARY CHILD CARE
``Sec.
``1791. Funding for military child care.
``1792. Child care employees.
[[Page 110 STAT. 332]]
``1793. Parent fees.
``1794. Child abuse prevention and safety at facilities.
``1795. Parent partnerships with child development centers.
``1796. Subsidies for family home day care.
``1797. Early childhood education program.
``1798. Definitions.
``Sec. 1791. Funding for military child care
``It is the policy of Congress that the amount of appropriated funds
available during a fiscal year for operating expenses for military child
development centers and programs shall be not less than the amount of
child care fee receipts that are estimated to be received by the
Department of Defense during that fiscal year.
``Sec. 1792. Child care employees
``(a) <<NOTE: Regulations.>> Required Training.--(1) The Secretary
of Defense shall prescribe regulations implementing, a training program
for child care employees. Those regulations shall apply uniformly among
the military departments. Subject to paragraph (2), satisfactory
completion of the training program shall be a condition of employment of
any person as a child care employee.
``(2) Under those regulations, the Secretary shall require that each
child care employee complete the training program not later than six
months after the date on which the employee is employed as a child care
employee.
``(3) The training program established under this subsection shall
cover, at a minimum, training in the following:
``(A) Early childhood development.
``(B) Activities and disciplinary techniques appropriate to
children of different ages.
``(C) Child abuse prevention and detection.
``(D) Cardiopulmonary resuscitation and other emergency
medical procedures.
``(b) Training and Curriculum Specialists.--(1) The Secretary of
Defense shall require that at least one employee at each military child
development center be a specialist in training and curriculum
development. The Secretary shall ensure that such employees have
appropriate credentials and experience.
``(2) The duties of such employees shall include the following:
``(A) Special teaching activities at the center.
``(B) Daily oversight and instruction of other child care
employees at the center.
``(C) Daily assistance in the preparation of lesson plans.
``(D) Assistance in the center's child abuse prevention and
detection program.
``(E) Advising the director of the center on the performance
of other child care employees.
``(3) Each employee referred to in paragraph (1) shall be an
employee in a competitive service position.
``(c) Competitive Rates of Pay.--For the purpose of providing
military child development centers with a qualified and stable civilian
workforce, employees at a military installation who are directly
involved in providing child care and are paid from nonappropriated
funds--
``(1) in the case of entry-level employees, shall be paid at
rates of pay competitive with the rates of pay paid to other
entry-level employees at that installation who are drawn from
the same labor pool; and
[[Page 110 STAT. 333]]
``(2) in the case of other employees, shall be paid at rates
of pay substantially equivalent to the rates of pay paid to
other employees at that installation with similar training,
seniority, and experience.
``(d) Employment Preference Program for Military Spouses.--(1) The
Secretary of Defense shall conduct a program under which qualified
spouses of members of the armed forces shall be given a preference in
hiring for the position of child care employee in a position paid from
nonappropriated funds if the spouse is among persons determined to be
best qualified for the position.
``(2) A spouse who is provided a preference under this subsection at
a military child development center may not be precluded from obtaining
another preference, in accordance with section 1794 of this title, in
the same geographic area as the military child development center.
``(e) Competitive Service Position Defined.--In this section, the
term `competitive service position' means a position in the competitive
service, as defined in section 2102(a)(1) of title 5.
``Sec. 1793. Parent fees
``(a) <<NOTE: Regulations.>> In General.--The Secretary of Defense
shall prescribe regulations establishing fees to be charged parents for
the attendance of children at military child development centers. Those
regulations shall be uniform for the military departments and shall
require that, in the case of children who attend the centers on a
regular basis, the fees shall be based on family income.
``(b) Local Waiver Authority.--The Secretary of Defense may provide
authority to installation commanders, on a case-by-case basis, to
establish fees for attendance of children at child development centers
at rates lower than those prescribed under subsection (a) if the rates
prescribed under subsection (a) are not competitive with rates at local
non-military child development centers.
``Sec. 1794. Child abuse prevention and safety at facilities
``(a) Child Abuse Task Force.--The Secretary of Defense shall
maintain a special task force to respond to allegations of widespread
child abuse at a military installation. The task force shall be composed
of personnel from appropriate disciplines, including, where appropriate,
medicine, psychology, and childhood development. In the case of such
allegations, the task force shall provide assistance to the commander of
the installation, and to parents at the installation, in helping them to
deal with such allegations.
``(b) National Hotline.--(1) The Secretary of Defense shall maintain
a national telephone number for persons to use to report suspected child
abuse or safety violations at a military child development center or
family home day care site. The Secretary shall ensure that such reports
may be made anonymously if so desired by the person making the report.
The Secretary shall establish procedures for following up on complaints
and information received over that number.
``(2) <<NOTE: Public information.>> The Secretary shall publicize
the existence of the number.
``(c) <<NOTE: Regulations.>> Assistance From Local Authorities.--The
Secretary of Defense shall prescribe regulations requiring that, in a
case of allegations of child abuse at a military child development
center or family home day care site, the commander of the military
installation or the head of the task force established under sub
[[Page 110 STAT. 334]]
section (a) shall seek the assistance of local child protective
authorities if such assistance is available.
``(d) Safety Regulations.--The Secretary of Defense shall prescribe
regulations on safety and operating procedures at military child
development centers. Those regulations shall apply uniformly among the
military departments.
``(e) Inspections.--The Secretary of Defense shall require that each
military child development center be inspected not less often than four
times a year. Each such inspection shall be unannounced. At least one
inspection a year shall be carried out by a representative of the
installation served by the center, and one inspection a year shall be
carried out by a representative of the major command under which that
installation operates.
``(f) Remedies for Violations.--(1) Except as provided in paragraph
(2), any violation of a safety, health, or child welfare law or
regulation (discovered at an inspection or otherwise) at a military
child development center shall be remedied immediately.
``(2) In the case of a violation that is not life threatening, the
commander of the major command under which the installation concerned
operates may waive the requirement that the violation be remedied
immediately for a period of up to 90 days beginning on the date of the
discovery of the violation. If the violation is not remedied as of the
end of that 90-day period, the military child development center shall
be closed until the violation is remedied. The Secretary of the military
department concerned may waive the preceding sentence and authorize the
center to remain open in a case in which the violation cannot reasonably
be remedied within that 90-day period or in which major facility
reconstruction is required.
``Sec. 1795. Parent partnerships with child development centers
``(a) Parent Boards.--The Secretary of Defense shall require that
there be established at each military child development center a board
of parents, to be composed of parents of children attending the center.
The board shall meet periodically with staff of the center and the
commander of the installation served by the center for the purpose of
discussing problems and concerns. The board, together with the staff of
the center, shall be responsible for coordinating the parent
participation program described in subsection (b).
``(b) Parent Participation Programs.--The Secretary of Defense shall
require the establishment of a parent participation program at each
military child development center. As part of such program, the
Secretary of Defense may establish fees for attendance of children at
such a center, in the case of parents who participate in the parent
participation program at that center, at rates lower than the rates that
otherwise apply.
``Sec. 1796. Subsidies for family home day care
``The Secretary of Defense may use appropriated funds available for
military child care purposes to provide assistance to family home day
care providers so that family home day care services can be provided to
members of the armed forces at a cost comparable to the cost of services
provided by military child development
centers. <<NOTE: Regulations.>> The Secretary shall prescribe
regulations for the provision of such assistance.
[[Page 110 STAT. 335]]
``Sec. 1797. Early childhood education program
``The Secretary of Defense shall require that all military child
development centers meet standards of operation necessary for
accreditation by an appropriate national early childhood programs
accrediting body.
``Sec. 1798. Definitions
``In this subchapter:
``(1) The term `military child development center' means a
facility on a military installation (or on property under the
jurisdiction of the commander of a military installation) at
which child care services are provided for members of the armed
forces or any other facility at which such child care services
are provided that is operated by the Secretary of a military
department.
``(2) The term `family home day care' means home-based child
care services that are provided for members of the armed forces
by an individual who (A) is certified by the Secretary of the
military department concerned as qualified to provide those
services, and (B) provides those services on a regular basis for
compensation.
``(3) The term `child care employee' means a civilian
employee of the Department of Defense who is employed to work in
a military child development center (regardless of whether the
employee is paid from appropriated funds or nonappropriated
funds).
``(4) The term `child care fee receipts' means those
nonappropriated funds that are derived from fees paid by members
of the armed forces for child care services provided at military
child development centers.''.
(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 87 the
following new item:
``88. Military Family Programs and Military Child Care...........1781''.
(b) Report on Five-Year Demand for Child Care.--(1) Not later than
the date of the submission of the budget for fiscal year 1997 pursuant
to section 1105 of title 31, United States Code, the Secretary of
Defense shall submit to Congress a report on the expected demand for
child care by military and civilian personnel of the Department of
Defense during fiscal years 1997 through 2001.
(2) The report shall include--
(A) a plan for meeting the expected child care demand
identified in the report; and
(B) an estimate of the cost of implementing that plan.
(3) The report shall also include a description of methods for
monitoring family home day care programs of the military
departments.
(c) <<NOTE: 10 USC 1787 note.>> Plan for Implementation of
Accreditation Requirement.--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 plan for carrying out the
requirements of section 1787 of title 10, United States Code, as added
by subsection (a). The plan shall be submitted not later than April 1,
1997.
[[Page 110 STAT. 336]]
(d) <<NOTE: 10 USC 1784 note.>> Continuation of Delegation of
Authority With Respect to Hiring Preference for Qualified Military
Spouses.--The provisions of Executive Order No. 12568, issued October 2,
1986 (10 U.S.C. 113 note), shall apply as if the reference in that
Executive order to section 806(a)(2) of the Department of Defense
Authorization Act of 1986 refers to section 1784 of title 10, United
States Code, as added by subsection (a).
(e) Repealer.--The following provisions of law are repealed:
(1) The Military Family Act of 1985 (title VIII of Public
Law 99-145; 10 U.S.C. 113 note).
(2) The Military Child Care Act of 1989 (title XV of Public
Law 101-189; 10 U.S.C. 113 note).
SEC. 569. <<NOTE: 10 USC 1501 note.>> DETERMINATION OF
WHEREABOUTS AND STATUS OF MISSING PERSONS.
(a) Purpose.--The purpose of this section is to ensure that any
member of the Armed Forces (and any Department of Defense civilian
employee or contractor employee who serves with or accompanies the Armed
Forces in the field under orders) who becomes missing or unaccounted for
is ultimately accounted for by the United States 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. Judicial review.
``1509. Preenactment, special interest cases.
``1510. Applicability to Coast Guard.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
``(a) Office for Missing Personnel.--
(1) <<NOTE: Establishment.>> 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 (including matters related to search,
rescue, escape, and evasion); 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 be responsible for
the coordination for such purposes within the Department of
[[Page 110 STAT. 337]]
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
(including search, rescue, escape, and evasion).
``(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) 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 (c); 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.
``(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 1502, 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.
``(c) Covered Persons.--Section 1502 of this title applies in the
case of the following persons:
``(1) Any member of the armed forces on active duty who
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.
``(2) Any civilian employee of the Department of Defense,
and any employee of a contractor of the Department of Defense,
who serves with or accompanies the armed forces in the field
under orders 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.
``(d) Primary Next of Kin.--The individual who is primary next of
kin of any person prescribed in subsection (c) may for purposes of this
chapter designate another individual to act on behalf of that individual
as primary next of kin. The Secretary concerned shall treat an
individual so designated as if the individual designated were the
primary next of kin for purposes of this chapter. A designation under
this subsection may be revoked at any time by the person who made the
designation.
``(e) 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.
[[Page 110 STAT. 338]]
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian employee of the
Department of Defense or contractor of the Department of Defense, the
Secretary of the military department or head of the element of the
Department of Defense employing the employee or contracting with the
contractor, as the case may be.
``Sec. 1502. Missing persons: initial report
``(a) Preliminary Assessment and Recommendation by Commander.--After
receiving information that the whereabouts and status of a person
described in section 1501(c) of this title is uncertain and that the
absence of the person may be involuntary, the commander of the unit,
facility, or area to or in which the person is assigned shall make a
preliminary assessment of the circumstances. If, as a result of that
assessment, the commander concludes that the person is missing, the
commander shall--
``(1) recommend that the person be placed in a missing
status; and
``(2) not later than 48 hours after receiving such
information, transmit a report containing that recommendation to
the theater component commander with jurisdiction over the
missing person in accordance with procedures prescribed under
section 1501(b) of this title.
``(b) Transmission Through Theater Component Commander.--Upon
reviewing a report under subsection (a) recommending that a person be
placed in a missing status, the theater component commander shall ensure
that all necessary actions are being taken, and all appropriate assets
are being used, to resolve the status of the missing person. Not later
than 14 days after receiving the report, the theater component commander
shall forward the report to the Secretary of Defense or the Secretary
concerned in accordance with procedures prescribed under section 1501(b)
of this title. The theater component commander shall include with such
report a certification that all necessary actions are being taken, and
all appropriate assets are being used, to resolve the status of the
missing person.
``(c) Safeguarding and Forwarding of Records.--A commander making a
preliminary assessment under subsection (a) with respect to a missing
person shall (in accordance with procedures prescribed under section
1501 of this title) safeguard and forward for official use any
information relating to the whereabouts and status of the missing person
that results from the preliminary assessment or from actions taken to
locate the person. The theater component commander through whom the
report with respect to the missing person is transmitted under
subsection (b) shall ensure that all pertinent information relating to
the whereabouts and status of the missing person that results from the
preliminary assessment or from actions taken to locate the person is
properly safeguarded to avoid loss, damage, or modification.
``Sec. 1503. Actions of Secretary concerned; initial board inquiry
``(a) Determination by Secretary.--Upon receiving a recommendation
under section 1502(b) of this title that a person be placed in a missing
status, the Secretary receiving the recommendation shall review the
recommendation and, not later than 10 days after receiving such
recommendation, shall appoint a board under
[[Page 110 STAT. 339]]
this section to conduct an inquiry into the whereabouts and status of
the person.
``(b) Inquiries Involving More Than One Missing Person.--If it
appears to the 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 and status of all such persons.
``(c) Composition.--(1) A board appointed under this section to
inquire into the whereabouts and status of a person shall consist of at
least one individual described in paragraph (2) who has experience with
and understanding of military operations or activities similar to the
operation or activity in which the person
disappeared.
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the Department of Defense or of a
contractor of the Department of Defense.
``(3) An individual may be appointed as a member of a board under
this section only if the individual has a security clearance that
affords the individual access to all information relating to the
whereabouts and status of the missing persons covered by the inquiry.
``(4) A Secretary appointing 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 and status of a missing person under this section
shall--
``(1) collect, develop, and investigate all facts and
evidence relating to the disappearance or whereabouts and status
of the person;
``(2) collect appropriate documentation of the facts and
evidence covered by the board's 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 (subject to the requirements of
section 1507 of this title) 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 and status of each
person covered by the inquiry;
[[Page 110 STAT. 340]]
``(2) gather information relating to actions taken to find
the person, including any evidence of the whereabouts and status
of the person arising from such actions; and
``(3) <<NOTE: Records.>> maintain a record of its
proceedings.
``(f) Counsel for Missing Person.--(1) The Secretary appointing a
board to conduct an inquiry under this section shall appoint counsel to
represent each person covered by the inquiry or, in a case covered by
subsection (b), one counsel to represent all persons covered by the
inquiry. Counsel appointed under this paragraph may be referred to as
`missing person's counsel' and represents the interests of the person
covered by the inquiry (and not any member of the person's family or
other interested parties).
``(2) To be appointed as a missing person's counsel, a person must--
``(A) have the qualifications specified in section 827(b) of
this title (article 27(b) of the Uniform Code of Military
Justice) for trial counsel or defense counsel detailed for a
general
court-martial;
``(B) have a security clearance that affords the counsel
access to all information relating to the whereabouts and status
of the person or persons covered by the inquiry; and
``(C) have expertise in the law relating to missing persons,
the determination of the death of such persons, and the rights
of family members and dependents of such persons.
``(3) A missing person's counsel--
``(A) shall have access to all facts and evidence considered
by the board during the proceedings under the inquiry for which
the counsel is appointed;
``(B) shall observe all official activities of the board
during such proceedings;
``(C) may question witnesses before the board; and
``(D) shall monitor the deliberations of the board.
``(4) A missing person's counsel shall assist the board in ensuring
that all appropriate information concerning the case is collected,
logged, filed, and safeguarded.
``(5) A missing person's counsel shall review the report of the
board under subsection (h) and submit to the Secretary concerned who
appointed the board an independent review of that report. That review
shall be made an official part of the record of the board.
``(g) Access to Proceedings.--The proceedings of a board during an
inquiry under this section shall be closed to the public (including,
with respect to 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).
``(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 (d)
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).
[[Page 110 STAT. 341]]
``(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.
The report may include a classified annex.
``(3) The Secretary of Defense shall prescribe procedures for the
release of a report submitted under this subsection with respect to a
missing person. Such procedures shall provide that the report may not be
made public (except as provided for in subsection (j)) until one year
after the date on which the report is submitted.
``(i) Determination by Secretary.--(1) Not later than 30 days after
receiving a report from a board under subsection (h), 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 to be 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 (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) 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 and 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 (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 section 1503(i)
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
[[Page 110 STAT. 342]]
appoint a board under this section to conduct an inquiry into the
information.
``(b) Date of Appointment.--The Secretary concerned shall appoint a
board under this section to conduct an inquiry into the whereabouts and
status of a missing person on or about one year after the date of the
transmission of a report concerning the person under section 1502(a)(2)
of this title.
``(c) Combined Inquiries.--If it appears to the Secretary concerned
that the absence or status of two or more persons is factually related,
the Secretary may appoint one board under this section to conduct the
inquiry into the whereabouts and status of such persons.
``(d) Composition.--(1) A board appointed under this section shall
be composed of at least three members as follows:
``(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major or
lieutenant commander or above.
``(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of the
Department of Defense or contractors of the Department of
Defense (and no members of the armed forces), the board shall be
composed of--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable for
grade GS-13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the
Secretary considers advisable.
``(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the armed
forces and one or more civilians described in subparagraph (B)--
``(i) the board shall include at least one officer
described in subparagraph (A) and at least one employee
of the Department of Defense described in subparagraph
(B)(i); and
``(ii) the ratio of such officers to such employees
on the board shall be roughly proportional to the ratio
of the number of members of the armed forces who are
subjects of the board's inquiry to the number of
civilians who are subjects of the board's inquiry.
``(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 an 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.
[[Page 110 STAT. 343]]
``(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, with
the same qualifications as specified in section 1503(c)(4) of this
title.
``(e) Duties of Board.--A board appointed under this section to
conduct an inquiry into the whereabouts and status of a person shall--
``(1) review the reports with respect to the person
transmitted under section 1502(a)(2) of this title and submitted
under section 1503(h) of this title;
``(2) collect and evaluate any document, fact, or other
evidence with respect to the whereabouts and 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 and 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) <<NOTE: Reports.>> 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 and status of the person.
``(f) Counsel for Missing Persons.--(1) When the Secretary concerned
appoints a board to conduct an inquiry under this section, the Secretary
shall appoint counsel to represent each person covered by the inquiry.
``(2) A person appointed as counsel under this subsection shall meet
the qualifications and have the duties set forth in section 1503(f) of
this title for a missing person's counsel appointed under that section.
``(3) The review of the report of a board on an inquiry that is
submitted by such counsel shall be made an official part of the record
of the board with respect to the inquiry.
``(g) Attendance of Family Members and Certain Other Interested
Persons at Proceedings.--(1) With respect to any person covered by an
inquiry under this section, the primary next of kin, other members of
the immediate family, and any other previously designated person of the
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 an individual who is the primary next
of kin or the previously designated person, may attend the
proceedings of the board with private counsel;
``(B) shall have access to the personnel file of the missing
person, to unclassified reports, if any, of the board appointed
under section 1503 of this title to conduct the inquiry into
[[Page 110 STAT. 344]]
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 (i) 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 15 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 30 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 (i).
``(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.
``(h) <<NOTE: Classified information.>> 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, or if the
classification markings cannot be removed before release from the
information covered by the request, or if the material 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 and the counsel for the
missing person appointed under subsection (f).
``(B) The president of a board shall close to persons who do not
have appropriate security clearances 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
[[Page 110 STAT. 345]]
shall assist the president of a board in ensuring that classified
information is not compromised through board proceedings.
``(i) Recommendation on Status.--(1) Upon completion of an inquiry
under this subsection, a board shall make a recommendation as to the
current whereabouts and 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 in making the recommendation the board complies
with section 1507 of this title.
``(j) 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.
``(k) Actions by Secretary Concerned.--(1) Not later than 30 days
after the receipt of a report from a board under subsection (j), the
Secretary shall review--
``(A) the report;
``(B) the review of the report submitted to the Secretary
under subsection (f)(3) by the counsel for each person covered
by the report; and
``(C) the objections, if any, to the report submitted to the
president of the board under subsection (g)(5).
``(2) In reviewing a report under paragraph (1) (including the
objections described in subparagraph (C) 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.
``(l) 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 (k),
the Secretary shall--
``(1) provide 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 a further investigation
into the whereabouts and status of the person as specified in
section 1505 of this title.
``(m) Treatment of Determination.--Any determination of the status
of a missing person under subsection (k) 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.--The Secretary concerned shall conduct
subsequent inquiries into the whereabouts and status of any person
determined by the Secretary under section 1504 of this title to be in a
missing status.
[[Page 110 STAT. 346]]
``(b) Frequency of Subsequent Reviews.--(1) In the case of a missing
person who was last known to be alive or who was last suspected of being
alive, the Secretary shall appoint a board to conduct an inquiry with
respect to a person under this
subsection--
``(A) on or about three years after the date of the initial
report of the disappearance of the person under section 1502(a)
of this title; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph (1), the
Secretary shall appoint a board to conduct an inquiry with respect to a
missing person under this subsection upon receipt of information that
could result in a change of status of the missing person. When the
Secretary appoints a board under this paragraph, the time for subsequent
appointments of a board under paragraph (1)(B) shall be determined from
the date of the receipt of such information.
``(3) The Secretary is not required to appoint a board under
paragraph (1) with respect to the disappearance of any person--
``(A) more than 30 years after the initial report of the
disappearance of the missing person required by section 1502 of
this title; or
``(B) if, before the end of such 30-year period, the missing
person is accounted for.
``(c) Action Upon Discovery or Receipt of Information.--(1) Whenever
any United States intelligence agency or other element of the Government
finds or receives information that may be related to a missing person,
the information shall promptly be forwarded to the office established
under section 1501 of this title.
``(2) Upon receipt of information under paragraph (1), the head of
the office established under section 1501 of this title shall as
expeditiously as possible ensure that the information is added to the
appropriate case file for that missing person and notify (A) the
designated missing person's counsel for that person, and (B) the primary
next of kin and any previously designated person for the missing person
of the existence of that information.
``(3) The head of the office established under section 1501 of this
title, with the advice of the missing person's counsel notified under
paragraph (2), shall determine whether the information is significant
enough to require a board review under this section.
``(d) Conduct of Proceedings.--If it is determined that such a board
should be appointed, 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 concerned shall, to the maximum extent
practicable, ensure that the personnel file of a missing person contains
all information in the possession of the United States relating to the
disappearance and whereabouts and status of the person.
``(b) Classified Information.--The Secretary concerned may withhold
classified information from a personnel file under this section. If the
Secretary concerned withholds classified information
[[Page 110 STAT. 347]]
from a personnel file, the Secretary shall ensure that the file contains
the following:
``(1) A notice that the withheld information exists.
``(2) 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.--(1) The Secretary concerned shall
withhold from personnel files under this section, as privileged
information, debriefing reports provided by missing persons returned to
United States control which are obtained
under a promise of confidentiality made for the purpose of ensuring the
fullest possible disclosure of information.
``(2) If a debriefing report contains non-derogatory information
about the status and whereabouts of a missing person other than the
source of the debriefing report, the Secretary concerned shall prepare
an extract of the non-derogatory information. That extract, following a
review by the source of the debriefing report, shall be placed in the
personnel file of the missing person in such a manner as to protect the
identity of the source providing the information.
``(3) Whenever the Secretary concerned withholds a debriefing report
from a personnel file under this subsection, the Secretary shall ensure
that the file contains a notice that withheld information exists.
``(e) Wrongful Withholding.--Except as provided in subsections (a)
through (d), any person who knowingly and willfully withholds from the
personnel file of a missing person any information relating to the
disappearance or whereabouts and 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 1503, 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; and
``(3) representatives of the United States--
``(A) 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
``(B) 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
[[Page 110 STAT. 348]]
to obtain access to such records, such representatives
are not granted such access).
``(b) <<NOTE: Reports.>> Submittal of Information on Death.--If a
board appointed under section 1503, 1504, or 1505 of this title makes a
recommendation that a missing person be declared dead, the board shall
include in the report of the board with respect to the person under that
section the following:
``(1) A detailed description of the location where the death
occurred.
``(2) A statement of the date on which the death occurred.
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not identifiable
through visual means, a certification by a practitioner of an
appropriate forensic science that the body recovered is that of
the missing person.
``Sec. 1508. Judicial review
``(a) Right of Review.--A person who is the primary next of kin (or
the previously designated person) of a person who is the subject of a
finding described in subsection (b) may obtain judicial review in a
United States district court of that finding, but only on the basis of a
claim that there is information that could affect the status of the
missing person's case that was not adequately considered during the
administrative review process under this chapter. Any such review shall
be as provided in section 706 of title 5.
``(b) Findings for Which Judicial Review May Be Sought.--Subsection
(a) applies to the following findings:
``(1) A finding by a board appointed under section 1504 or
1505 of this title that a missing person is dead.
``(2) A finding by a board appointed under section 1509 of
this title that confirms that a missing person formerly declared
dead is in fact dead.
``(c) Subsequent Review.--Appeals from a decision of the district
court shall be taken to the appropriate United States court of appeals
and to the Supreme Court as provided by law.
``Sec. 1509. Preenactment, special interest cases
``(a) Review of Status.--In the case of an unaccounted for person
covered by section 1501(c) of this title who is described in subsection
(b), if new information that could change the status of that person is
found or received by a United States intelligence agency, by a
Department of Defense agency, or by a person specified in section
1504(g) of this title, that information shall be provided to the
Secretary of Defense with a request that the Secretary evaluate the
information in accordance with sections 1505(c) and 1505(d) of this
title.
``(b) <<NOTE: Prisoners of war. Missing in action.>> Cases Eligible
for Review.--The cases eligible for review under this section are the
following:
``(1) With respect to the Korean conflict, any unaccounted
for person who was classified as a prisoner of war or as missing
in action during that conflict and who (A) was known to be or
suspected to be alive at the end of that conflict, or (B) was
classified as missing in action and whose capture was possible.
``(2) With respect to the Cold War, any unaccounted for
person who was engaged in intelligence operations (such as
[[Page 110 STAT. 349]]
aerial `ferret' reconnaissance missions over and around the
Soviet Union and China) during the Cold War.
``(3) With respect to the Indochina war era, any unaccounted
for person who was classified as a prisoner of war or as missing
in action during the Indochina conflict.
``(c) Special Rule for Persons Classified as `KIA/BNR'.--In the case
of a person described in subsection (b) who was classified as `killed in
action/body not recovered', the case of that person may be reviewed
under this section only if the new information referred to in subsection
(a) is compelling.
``(d) Definitions.--In this section:
``(1) The term `Korean conflict' means the period beginning
on June 27, 1950, and ending on January 31, 1955.
``(2) The term `Cold War' means the period beginning on
September 2, 1945, and ending on August 21, 1991.
``(3) The term `Indochina war era' means the period
beginning on July 8, 1959, and ending on May 15, 1975.
``Sec. 1510. Applicability to Coast Guard
``(a) Designated Officer To Have Responsibility.--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 members
of the Coast Guard.
``(b) Procedures.--The Secretary of Transportation shall prescribe
procedures for the determination of the status of persons described in
section 1501(c) of this title who are members 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 section shall be similar to the procedures prescribed by the
Secretary of Defense under section 1501(b) of this title.
``Sec. 1511. 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 subchapter VII of chapter 55
of title 5 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. 1512. Effect on State law
``(a) Nonpreemption of State Authority.--Nothing in this chapter
shall be construed to invalidate or limit the power of any State court
or administrative entity, or the power of any court or administrative
entity of any political subdivision thereof, to find or declare a person
dead for purposes of such State or political subdivision.
[[Page 110 STAT. 350]]
``(b) State Defined.--In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
``Sec. 1513. Definitions
``In this chapter:
``(1) The term `missing person' means--
``(A) a member of the Armed Forces on active duty
who is in a missing status; or
``(B) a civilian employee of the Department of
Defense or an employee of a contractor of the Department
of Defense who serves with or accompanies the Armed
Forces in the field under orders and who is in a missing
status.
``(2) The term `missing status' means the status of a
missing person who is determined to be absent in a category of
any of the following:
``(A) Missing.
``(B) Missing in action.
``(C) Interned in a foreign country.
``(D) Captured.
``(E) Beleaguered.
``(F) Besieged.
``(G) Detained in a foreign country against that
person's will.
``(3) The term `accounted for', with respect to a person in
a missing status, means that--
``(A) the person is returned to United States
control alive;
``(B) the remains of the person are recovered and,
if not identifiable through visual means as those of the
missing person, are identified as those of the missing
person by a practitioner of an appropriate forensic
science; 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, stepchild, 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
[[Page 110 STAT. 351]]
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 the unauthorized disclosure of which (as determined
under applicable law and regulations) could reasonably be
expected to damage the national security.
``(8) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any of
the armed forces who (A) is commander of all forces of that
armed force assigned to that combatant command, and (B) is
directly subordinate to the commander of the combatant
command.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of title 10, United States Code,
are amended by inserting after the item relating to chapter 75 the
following new item:
``76. Missing Persons............................................1501''.
(c) Conforming Amendments.--Chapter 10 of title 37, United States
Code, is amended as follows:
(1) Section 555 is amended--
(A) in subsection (a), by striking out ``When a
member'' and inserting in lieu thereof ``Except as
provided in subsection (d), when a member''; and
(B) by adding at the end the following new
subsection:
``(d) This section does not apply in a case to which section 1502 of
title 10 applies.''.
(2) Section 552 is amended--
(A) in subsection (a), by striking out ``for all
purposes,'' in the second sentence of the matter
following paragraph (2) and all that follows through the
end of the sentence and inserting in lieu thereof ``for
all purposes.'';
(B) in subsection (b), by inserting ``or 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''.
(3) Section 553 is amended--
(A) in subsection (f), by striking out ``the date
the Secretary concerned receives evidence that'' and
inserting in lieu thereof ``the date on which, in a case
covered by section 555 of this title, the Secretary
concerned receives evidence, or, in a case covered by
chapter 76 of title 10, the Secretary concerned
determines pursuant to that chapter, that''; and
(B) in subsection (g), by inserting ``or under
chapter 76 of title 10'' after ``section 555 of this
title''.
(4) Section 556 is amended--
(A) in subsection (a), by inserting after paragraph
(7) the following:
``Paragraphs (1), (5), (6), and (7) only apply with respect to a case to
which section 555 of this title applies.'';
[[Page 110 STAT. 352]]
(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 Persons 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 and status of the member shall be provided if such
whereabouts and 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) <<NOTE: 5 USC 5561 note.>> Accounting for Civilian Employee and
Contractors of the United States.--(1) The Secretary of State shall
carry out a comprehensive study of the provisions of subchapter VII of
chapter 55 of title 5, United States Code (commonly referred to as the
``Missing Persons Act of 1942'') (5 U.S.C. 5561 et seq.) and any other
law or regulation 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 shall be to determine the means, if any, by which
those 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 United States as
the President designates 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;
[[Page 110 STAT. 353]]
(D) determining the rights and benefits accorded to the
family of the employee; and
(E) <<NOTE: Records.>> maintaining and providing appropriate
access to the records of the employee and the investigation into
the status of the employee.
(4) <<NOTE: Reports.>> 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. 570. 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.''.
Subtitle G--Support for Non-Department of Defense Activities
SEC. 571. REPEAL OF CERTAIN CIVIL-MILITARY PROGRAMS.
(a) Repeal of Civil-Military Cooperative Action Program.--The
following provisions of law are repealed:
(1) Section 410 of title 10, United States Code.
(2) Section 1081(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 410
note).
(b) Repeal of Related Provision.--Section 1045 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10
U.S.C. 410 note), relating to a pilot outreach program to reduce demand
for illegal drugs, is repealed.
(c) Technical and Conforming Amendments.--Chapter 20 of title 10,
United States Code, is amended--
(1) by striking out the table of subchapters after the
chapter heading;
(2) by striking out the subchapter heading for subchapter I;
and
(3) by striking out the subchapter heading for subchapter II
and the table of sections following that subchapter heading.
SEC. 572. TRAINING ACTIVITIES RESULTING IN INCIDENTAL SUPPORT AND
SERVICES FOR ELIGIBLE ORGANIZATIONS AND
ACTIVITIES OUTSIDE THE DEPARTMENT OF
DEFENSE.
(a) In General.--(1) Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
[[Page 110 STAT. 354]]
``Sec. 2012. Support and services for eligible organizations and
activities outside Department of Defense
``(a) <<NOTE: Regulations.>> Authority To Provide Services and
Support.--Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department may in accordance with this section
authorize units or individual members of the armed forces under that
Secretary's jurisdiction to provide support and services to non-
Department of Defense organizations and activities specified in
subsection (e), but only if--
``(1) such assistance is authorized by a provision of law
(other than this section); or
``(2) the provision of such assistance is incidental to
military training.
``(b) Scope of Covered Activities Subject to Section.--This section
does not--
``(1) apply to the provision by the Secretary concerned,
under regulations prescribed by the Secretary of Defense, of
customary community relations and public affairs activities
conducted in accordance with Department of Defense policy; or
``(2) prohibit the Secretary concerned from encouraging
members of the armed forces under the Secretary's jurisdiction
to provide volunteer support for community relations activities
under regulations prescribed by the Secretary of Defense.
``(c) Requirement for Specific Request.--Assistance under subsection
(a) may only be provided if--
``(1) the assistance is requested by a responsible official
of the organization to which the assistance is to be provided;
and
``(2) the assistance is not reasonably available from a
commercial entity or (if so available) the official submitting
the request for assistance certifies that the commercial entity
that would otherwise provide such services has agreed to the
provision of such services by the armed forces.
``(d) Relationship to Military Training.--(1) Assistance under
subsection (a) may only be provided if the following requirements are
met:
``(A) The provision of such assistance--
``(i) in the case of assistance by a unit, will
accomplish valid unit training requirements; and
``(ii) in the case of assistance by an individual
member, will involve tasks directly related to the
specific military occupational specialty of the member.
``(B) The provision of such assistance will not adversely
affect the quality of training or otherwise interfere with the
ability of a member or unit of the armed forces to perform the
military functions of the member or unit.
``(C) The provision of such assistance will not result in a
significant increase in the cost of the training.
``(2) Subparagraph (A)(i) of paragraph (1) does not apply in a case
in which the assistance to be provided consists primarily of military
manpower and the total amount of such assistance in the case of a
particular project does not exceed 100 man-hours.
``(e) Eligible Entities.--The following organizations and activities
are eligible for assistance under this section:
``(1) Any Federal, regional, State, or local governmental
entity.
[[Page 110 STAT. 355]]
``(2) Youth and charitable organizations specified in
section 508 of title 32.
``(3) Any other entity as may be approved by the Secretary
of Defense on a case-by-case basis.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations governing the provision of assistance under this section.
The regulations shall include the following:
``(1) Rules governing the types of assistance that may be
provided.
``(2) Procedures governing the delivery of assistance that
ensure, to the maximum extent practicable, that such assistance
is provided in conjunction with, rather than separate from,
civilian efforts.
``(3) Procedures for appropriate coordination with civilian
officials to ensure that the assistance--
``(A) meets a valid need; and
``(B) does not duplicate other available public
services.
``(4) Procedures to ensure that Department of Defense
resources are not applied exclusively to the program receiving
the assistance.
``(g) Advisory Councils.--(1) The Secretary of Defense shall
encourage the establishment of advisory councils at regional, State, and
local levels, as appropriate, in order to obtain recommendations and
guidance concerning assistance under this section from persons who are
knowledgeable about regional, State, and local conditions and needs.
``(2) The advisory councils should include officials from relevant
military organizations, representatives of appropriate local, State, and
Federal agencies, representatives of civic and social service
organizations, business representatives, and labor representatives.
``(3) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to such councils.
``(h) Construction of Provision.--Nothing in this section shall be
construed as authorizing--
``(1) the use of the armed forces for civilian law
enforcement purposes or for response to natural or manmade
disasters; or
``(2) the use of Department of Defense personnel or
resources for any program, project, or activity that is
prohibited by law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2012. Support and services for eligible organizations and activities
outside Department of Defense.''.
SEC. 573. <<NOTE: 32 USC 501 note.>> NATIONAL GUARD CIVILIAN
YOUTH OPPORTUNITIES PILOT PROGRAM.
(a) Termination.--The authority under subsection (a) of section 1091
of the National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 32 U.S.C. 501 note) to carry out a pilot program under that
section is hereby continued through the end of the 18-month period
beginning on the date of the enactment of this Act and such authority
shall terminate as of the end of that period.
(b) Limitation on Number of Programs.--During the period beginning
on the date of the enactment of this Act and ending
[[Page 110 STAT. 356]]
on the termination of the pilot program under subsection (a), the number
of programs carried out under subsection (d) of that section as part of
the pilot program may not exceed the number of such programs as of
September 30, 1995.
SEC. 574. <<NOTE: 10 USC 2012 note.>> TERMINATION OF FUNDING FOR
OFFICE OF CIVIL-MILITARY PROGRAMS IN
OFFICE OF THE SECRETARY OF DEFENSE.
No funds may be obligated or expended after the date of the
enactment of this Act (1) for the office that as of the date of the
enactment of this Act is designated, within the Office of the Assistant
Secretary of Defense for Reserve Affairs, as the Office of Civil-
Military Programs, or (2) for any other entity within the Office of the
Secretary of Defense that has an exclusive or principal mission of
providing centralized direction for activities under section 2012 of
title 10, United States Code, as added by section 572.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. <<NOTE: 37 USC 1009 note.>> MILITARY PAY RAISE FOR FISCAL YEAR
1996.
(a) Rescission of Prior Section 1009 Adjustment.--The adjustment
made as of January 1, 1996, pursuant to section 4 of Executive Order No.
12984 (issued December 28, 1995), in elements of compensation of members
of the uniformed services pursuant to section 1009 of title 37, United
States Code, is hereby rescinded.
(b) Increase in Basic Pay and BAS.--The rates of basic pay and basic
allowance for subsistence of members of the uniformed services, as in
effect on December 31, 1995, are hereby increased by 2.4 percent.
(c) Increase in BAQ.--The rates of basic allowance for quarters of
members of the uniformed services, as in effect on December 31, 1995,
are hereby increased by 5.2 percent.
(d) Effective Date.--This section shall take effect as of January 1,
1996.
SEC. 602. LIMITATION ON BASIC ALLOWANCE FOR SUBSISTENCE FOR
MEMBERS RESIDING WITHOUT DEPENDENTS IN
GOVERNMENT QUARTERS.
(a) Percentage Limitation.--Subsection (b) of section 402 of title
37, United States Code, is amended by adding after the last sentence the
following new paragraph:
``(4) In the case of enlisted members of the Army, Navy, Air Force,
or Marine Corps who, when present at their permanent duty station,
reside without dependents in Government quarters, the Secretary
concerned may not provide a basic allowance for subsistence to more than
12 percent of such members under the jurisdiction of the Secretary
concerned. The Secretary concerned may exceed such percentage if the
Secretary determines that compliance would increase costs to the
Government, would impose financial hardships on members otherwise
entitled to a basic allowance for subsistence, or would reduce the
quality of life for such members. This paragraph shall not apply to
members described in the first sentence when the members are not
residing at their permanent
[[Page 110 STAT. 357]]
duty station. The Secretary concerned shall achieve the percentage
limitation specified in this paragraph as soon as possible after the
date of the enactment of this paragraph, but in no case later than
September 30, 1996.''.
(b) Stylistic Amendments.--Such subsection is further
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C);
(2) by inserting ``(1)'' after ``(b)'';
(3) by designating the text composed of the second, third,
and fourth sentences as paragraph (2); and
(4) by designating the text composed of the fifth and sixth
sentences as paragraph (3).
(c) Conforming Amendments.--(1) Subsection (e) of such section is
amended--
(A) in paragraph (1), by striking out ``the third sentence
of subsection (b)'' and inserting in lieu thereof ``subsection
(b)(2)''; and
(B) in paragraph (2), by striking out ``subsection (b)'' and
inserting in lieu thereof ``subsection (b)(2)''.
(2) Section 1012 of title 37, United States Code, is amended by
striking out ``the last sentence of section 402(b)'' and inserting in
lieu thereof ``section 402(b)(3)''.
(d) Report Required.--Not later than March 31, 1996, the Secretary
of Defense shall submit to Congress a report identifying, for the Army,
Navy, Air Force, and Marine Corps--
(1) the number of members who reside without dependents in
Government quarters at their permanent duty stations and receive
a basic allowance for subsistence under section 402 of title 37,
United States Code;
(2) such number as a percentage of the total number of
members who reside without dependents in Government
quarters;
(3) a recommended maximum percentage of the members residing
without dependents in Government quarters at their permanent
duty station who should receive a basic allowance for
subsistence; and
(4) the reasons such maximum percentage is recommended.
SEC. 603. 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 new paragraph:
``(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 the member's pay grade by this
section.''.
[[Page 110 STAT. 358]]
(b) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendments made
by this section shall take effect on July 1, 1996.
SEC. 604. PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MEMBERS 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) <<NOTE: 37 USC 403 note.>> Effective Date.--The amendments made
by this section shall take effect on July 1, 1996.
SEC. 605. LIMITATION ON REDUCTION OF VARIABLE HOUSING ALLOWANCE
FOR CERTAIN MEMBERS.
(a) Limitation on Reduction in VHA.--(1) Subsection (c)(3) of
section 403a of title 37, United States Code, is amended by adding at
the end the following new sentence: ``However, so long as a member of a
uniformed service retains uninterrupted eligibility to receive a
variable housing allowance within an area and the member's certified
housing costs are not reduced (as indicated by certifications provided
by the member under subsection (b)(4)), the monthly amount of a variable
housing allowance under this section for the member within that area may
not be reduced as a result of systematic adjustments required by changes
in housing costs within that area.''.
(2) <<NOTE: Applicability. 37 USC 403a note.>> The amendment made by
paragraph (1) shall apply for fiscal years after fiscal year 1995.
(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.
(d) <<NOTE: Reports.>> Resolving VHA Inadequacies in High Housing
Cost Areas.--If the Secretary of Defense determines that, despite the
amendments made by this section, inadequacies exist in the provision of
variable housing allowances under section 403a of title 37, United
States Code, the Secretary shall submit to Congress a report containing
a legislative proposal to address the inadequacies. The Secretary shall
make the determination required by this subsection and submit the
report, if necessary, not later than May 31, 1996.
SEC. 606. CLARIFICATION OF LIMITATION ON ELIGIBILITY FOR FAMILY
SEPARATION ALLOWANCE.
Section 427(b)(4) of title 37, United States Code, is amended in the
first sentence by inserting ``paragraph (1)(A) of'' after ``not entitled
to an allowance under''.
[[Page 110 STAT. 359]]
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, 1995,''
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''.
[[Page 110 STAT. 360]]
(e) 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''.
(f) 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''.
(g) 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''.
(h) 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''.
(i) <<NOTE: 37 USC 3016 note.>> Coverage of Period of Lapsed
Agreement Authority.--(1) In the case of an officer described in section
301b(b) of title 37, United States Code, who executes an agreement
described in paragraph (2) during the 90-day period beginning on the
date of the enactment of this Act, the Secretary concerned may treat the
agreement for purposes of the retention bonus authorized under the
agreement as having been executed and accepted on the first date on
which the officer would have qualified for such an agreement had the
amendment made by subsection (a) taken effect on October 1, 1995.
(2) An agreement referred to in this subsection is a service
agreement with the Secretary concerned that is a condition for the
payment of a retention bonus under section 301b of title 37, United
States Code.
(3) For purposes of this subsection, the term ``Secretary
concerned'' has the meaning given that term in section 101(5) of title
37, United States Code.
SEC. 614. CODIFICATION AND EXTENSION OF SPECIAL PAY FOR CRITICALLY
SHORT WARTIME HEALTH SPECIALISTS IN THE
SELECTED RESERVES.
(a) Special Pay Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by inserting after section 302f the following
new section:
``Sec. 302g. Special pay: Selected Reserve health care
professionals in critically short wartime
specialties
``(a) Special Pay Authorized.--An officer of a reserve component of
the armed forces described in subsection (b) who executes a written
agreement under which the officer agrees to serve in the Selected
Reserve of an armed force for a period of not less than one year nor
more than three years, beginning on the date the officer accepts the
award of special pay under this section, may be paid special pay at an
annual rate not to exceed $10,000.
``(b) Eligible Officers.--An officer referred to in subsection (a)
is an officer in a health care profession who is qualified in a
specialty designated by regulations as a critically short wartime
specialty.
``(c) Time for Payment.--Special pay under this section shall be
paid annually at the beginning of each twelve-month period for which the
officer has agreed to serve.
[[Page 110 STAT. 361]]
``(d) Refund Requirement.--An officer who voluntarily terminates
service in the Selected Reserve of an armed force before the end of the
period for which a payment was made to such officer under this section
shall refund to the United States the full amount of the payment made
for the period on which the payment was based.
``(e) Inapplicability of Discharge in Bankruptcy.--A discharge in
bankruptcy under title 11 that is entered less than five years after the
termination of an agreement under this section does not discharge the
person receiving special pay under the agreement from the debt arising
under the agreement.
``(f) Termination of Agreement Authority.--No agreement under this
section may be entered into after September 30, 1997.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 302f the
following new item:
``302g. Special pay: Selected Reserve health care professionals in
critically short wartime specialties.''.
(b) Conforming Amendment.--Section 303a of title 37, United States
Code, is amended by striking out ``302, 302a, 302b, 302c, 302d, 302e,''
each place it appears and inserting in lieu thereof ``302 through
302g,''.
(c) Conforming Repeal.--(1) Section 613 of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-456; 37 U.S.C. 302
note) is repealed.
(2) <<NOTE: 37 USC 302 note.>> The provisions of section 613 of the
National Defense Authorization Act, Fiscal Year 1989, as in effect on
the day before the date of the enactment of this Act, shall continue to
apply to agreements entered into under such section before such date.
SEC. 615. HAZARDOUS DUTY INCENTIVE PAY FOR WARRANT OFFICERS AND
ENLISTED MEMBERS SERVING AS AIR WEAPONS
CONTROLLERS.
(a) Inclusion of Additional Members.--Subsection (a)(11) of section
301 of title 37, United States Code, is amended by striking out ``an
officer (other than a warrant officer)'' and inserting in lieu thereof
``a member''.
(b) Calculation of Hazardous Duty Incentive Pay.--The table in
subparagraph (A) of subsection (c)(2) of such section is amended to read
as follows:
----------------------------------------------------------------------------------------------------------------
Years of service as an air weapons controller
-------------------------------------------------------------------------------
``Pay grade 2 or
less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10
----------------------------------------------------------------------------------------------------------------
``O-7 and above................. $200 $200 $200 $200 $200 $200 $200
``O-6........................... 225 250 300 325 350 350 350
``O-5........................... 200 250 300 325 350 350 350
``O-4........................... 175 225 275 300 350 350 350
``O-3........................... 125 156 188 206 350 350 350
``O-2........................... 125 156 188 206 250 300 300
``O-1........................... 125 156 188 206 250 250 250
``W-4........................... 200 225 275 300 325 325 325
``W-3........................... 175 225 275 300 325 325 325
``W-2........................... 150 200 250 275 325 325 325
``W-1........................... 100 125 150 175 325 325 325
``E-9........................... 200 225 250 275 300 300 300
``E-8........................... 200 225 250 275 300 300 300
``E-7........................... 175 200 225 250 275 275 275
``E-6........................... 156 175 200 225 250 250 250
``E-5........................... 125 156 175 188 200 200 200
``E-4 and below................. 125 156 175 188 200 200 200
-------------------------------------------------------------------------------
[[Page 110 STAT. 362]]
----------------------------------------------------------------------------------------------------------------
Years of service as an air weapons controller--Continued
``Pay grade--Continued -------------------------------------------------------------------------------
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''.
----------------------------------------------------------------------------------------------------------------
(c) Conforming Amendments.--Subsection (c)(2) of such section is
further amended--
(1) by striking out ``an officer'' each place it appears and
inserting in lieu thereof ``a member''; and
(2) by striking out ``the officer'' each place it appears
and inserting in lieu thereof ``the member''.
SEC. 616. 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. 617. 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'' after ``Air Force,''; 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. 618. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY FOR CREW
MEMBERS OF SHIPS DESIGNATED AS TENDERS.
Subparagraph (A) of section 305a(d)(1) of title 37, United States
Code, is amended to read as follows:
``(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''.
[[Page 110 STAT. 363]]
SEC. 619. 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 on account 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) <<NOTE: 37 USC 307 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on January 1, 1996.
Subtitle C--Travel and Transportation Allowances
SEC. 621. REPEAL OF REQUIREMENT REGARDING CALCULATION OF
ALLOWANCES ON BASIS OF MILEAGE TABLES.
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) <<NOTE: 37 USC 405a note.>> Application of Amendment.--The
amendment made by subsection (a) shall apply with respect to persons
authorized or ordered to depart as described in section 405a(a) of title
37, United States Code, on or after October 1, 1995.
SEC. 623. TRANSPORTATION OF NONDEPENDENT CHILD FROM MEMBER'S
STATION OVERSEAS AFTER LOSS OF DEPENDENT
STATUS WHILE OVERSEAS.
Section 406(h)(1) of title 37, United States Code, is amended in the
last sentence--
(1) by striking out ``who became 21 years of age'' and
inserting in lieu thereof ``who, by reason of age or graduation
from (or cessation of enrollment in) an institution of higher
education, would otherwise cease to be a dependent of the
member''; and
(2) by inserting ``still'' after ``shall''.
SEC. 624. AUTHORIZATION OF DISLOCATION ALLOWANCE FOR MOVES IN
CONNECTION WITH BASE REALIGNMENTS AND
CLOSURES.
(a) Dislocation Allowance Authorized.--Subsection (a) of section 407
of title 37, United States Code, is amended--
(1) by striking out ``or'' at the end of paragraph (3);
(2) by striking out the period at the end of paragraph
(4)(B) and inserting in lieu thereof ``; or''; and
(3) by inserting after paragraph (4)(B) the following new
paragraph:
[[Page 110 STAT. 364]]
``(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.''.
(b) Conforming Amendments.--(1) The last sentence of such subsection
is amended--
(A) by striking out ``clause (3) or (4)(B)'' and inserting
in lieu thereof ``paragraph (3) or (4)(B)''; and
(B) by striking out ``clause (1)'' and inserting in lieu
thereof ``paragraph (1) or (5)''.
(2) Subsection (b) of such section is amended--
(A) by striking out ``subsection (a)(3) or (a)(4)(B)'' in
the first sentence and inserting in lieu thereof ``paragraph (3)
or (4)(B) of subsection (a)''; and
(B) by striking out ``subsection (a)(1)'' in the second
sentence and inserting in lieu thereof ``paragraph (1) or (5) of
subsection (a)''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. EFFECTIVE DATE FOR MILITARY RETIREE COST-OF-LIVING
ADJUSTMENTS FOR FISCAL YEARS 1996, 1997,
AND 1998.
(a) Adjustment of Effective Dates.--Subparagraph (B) of section
1401a(b)(2) of title 10, United States Code, is amended to read as
follows:
``(B) Special rules for fiscal years 1996 and
1998.--
``(i) Fiscal year 1996.--In the case of the
increase in retired pay that, pursuant to
paragraph (1), becomes effective on December 1,
1995, the initial month for which such increase is
payable as part of such retired pay shall
(notwithstanding such December 1 effective date)
be March 1996.
``(ii) Fiscal year 1998.--In the case of the
increase in retired pay that, pursuant to
paragraph (1), becomes effective on December 1,
1997, the initial month for which such increase is
payable as part of such retired pay shall
(notwithstanding such December 1 effective date)
be September 1998.''.
(b) <<NOTE: 10 USC 1401a note.>> Contingent Alternative Date for
Fiscal Year 1998.--(1) If a civil service retiree cola that becomes
effective during fiscal year 1998 becomes effective on a date other than
the date on which a military retiree cola during that fiscal year is
specified to become effective under subparagraph (B) of section
1401a(b)(2) of title 10, United States Code, as amended by subsection
(a), then the increase in military retired and retainer pay shall become
payable as part of such retired and retainer pay effective on the same
date on which such civil service retiree cola becomes effective
(notwithstanding the date otherwise specified in such subparagraph (B)).
(2) Paragraph (1) does not apply with respect to the retired pay of
a person retired under chapter 61 of title 10, United States Code.
(3) For purposes of this subsection:
[[Page 110 STAT. 365]]
(A) The term ``civil service retiree cola'' means an
increase in annuities under the Civil Service Retirement System
either under section 8340(b) of title 5, United States Code, or
pursuant to a law providing a general increase in such
annuities.
(B) The term ``military retiree cola'' means an adjustment
in retired and retainer pay pursuant to section 1401a(b) of
title 10, United States Code.
(c) Repeal of Prior Conditional Enactment.--Section 8114A(b) of
Public Law 103-335 (108 Stat. 2648) <<NOTE: 10 USC 1401a, 1401a note.>>
is repealed.
SEC. 632. DENIAL OF NON-REGULAR SERVICE RETIRED PAY FOR RESERVES
RECEIVING CERTAIN COURT-MARTIAL SENTENCES.
(a) In General.--(1) Chapter 1223 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 12740. Eligibility: denial upon certain punitive discharges
or dismissals
``A person who--
``(1) is convicted of an offense under the Uniform Code of
Military Justice (chapter 47 of this title) and whose sentence
includes death; or
``(2) is separated pursuant to sentence of a court-martial
with 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.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12740. Eligibility: denial upon certain punitive discharges or
dismissals.''.
(b) <<NOTE: 10 USC 12740 note.>> Effective Date.--Section 12740 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to court-martial sentences adjudged after the date of the
enactment of this Act.
SEC. 633. REPORT ON PAYMENT OF ANNUITIES FOR CERTAIN MILITARY
SURVIVING SPOUSES.
(a) Study Required.--(1) The Secretary of Defense shall conduct a
study to determine the number of potential beneficiaries there would be
if Congress were to enact authority for the Secretary of the military
department concerned to pay an annuity to the qualified surviving spouse
of each member of the Armed Forces who--
(A) died before March 21, 1974, and was entitled to retired
or retainer pay on the date of death; or
(B) was a member of a reserve component who died during the
period beginning on September 21, 1972, and ending on October 1,
1978, and at the time of death would have been entitled to
retired pay under chapter 67 of title 10, United States Code,
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.--As part of the study under subsection
(a), the Secretary shall determine the following:
[[Page 110 STAT. 366]]
(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
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.--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 under this section. 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. 634. PAYMENT OF BACK QUARTERS AND SUBSISTENCE ALLOWANCES TO
WORLD WAR II VETERANS WHO SERVED AS
GUERRILLA FIGHTERS IN THE PHILIPPINES.
(a) In General.--The Secretary of the military department concerned
shall pay, upon request, to an individual described in subsection (b)
the amount determined with respect to that individual under subsection
(c).
(b) Covered Individuals.--A payment under subsection (a) shall be
made to any individual who as a member of the Armed Forces during World
War II--
(1) was captured on the Island of Bataan in the territory of
the Philippines by Japanese forces;
(2) participated in the Bataan Death March;
(3) escaped from captivity; and
(4) served as a guerrilla fighter in the Philippines during
the period from January 1942 through February 1945.
(c) Amount To Be Paid.--The amount of a payment under subsection (a)
shall be the amount of quarters and subsistence allowance which accrued
to an individual described in subsection (b) during the period specified
in paragraph (4) of subsection (b) and which was not paid to that
individual. The Secretary shall apply interest compounded at the three-
month Treasury bill rate.
(d) Payment to Survivors.--In the case of any individual described
in subsection (b) who is deceased, payment under this section with
respect to that individual shall be made to that individual's nearest
surviving relative, as determined by the Secretary concerned.
SEC. 635. <<NOTE: 10 USC 1448 note.>> AUTHORITY FOR RELIEF FROM
PREVIOUS OVERPAYMENTS UNDER MINIMUM INCOME
WIDOWS PROGRAM.
(a) Authority.--The Secretary of Defense may waive recovery by the
United States of any overpayment by the United States
[[Page 110 STAT. 367]]
described in subsection (b). In the case of any such waiver, any debt to
the United States arising from such overpayment is forgiven.
(b) Covered Overpayments.--Subsection (a) applies in the case of an
overpayment by the United States that--
(1) was made before the date of the enactment of this Act
under section 4 of Public Law 92-425 (10 U.S.C. 1448 note); and
(2) is attributable to failure by the Department of Defense
to apply the eligibility provisions of subsection (a) of such
section in the case of the person to whom the overpayment was
made.
SEC. 636. TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS OF
THE ARMED FORCES SEPARATED FOR DEPENDENT
ABUSE.
(a) Coverage of Program.--Subsection (a) of section 1059 of title
10, United States Code, is amended by adding at the end the following:
``Upon establishment of such a program, the program shall apply in the
case of each such member described in subsection (b) who is under the
jurisdiction of the Secretary establishing the program.''.
(b) Clarification of Payment to Dependents of Members Not
Discharged.--Subsection (d) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking out ``any case of a separation from
active duty as described in subsection (b)'' and
inserting in lieu thereof ``the case of any individual
described in subsection (b)''; and
(B) by striking ``former member'' and inserting in
lieu thereof ``individual'';
(2) in paragraph (1)--
(A) by striking out ``former member'' and inserting
in lieu thereof ``individual''; and
(B) by striking out ``member'' and inserting in lieu
thereof ``individual'';
(3) in paragraph (2), by striking out ``former member'' both
places it appears and inserting in lieu thereof ``individual
described in subsection (b)'';
(4) in paragraph (3), by striking out ``former member'' and
inserting in lieu thereof ``individual described in subsection
(b)''; and
(5) in paragraph (4), by striking out ``member'' both places
it appears and inserting in lieu thereof ``individual described
in subsection (b)''.
(c) Effective Date.--Section 554(b) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 1059 note) is
amended--
(1) in paragraph (1), by striking out ``on or after the date
of the enactment of this Act'' and inserting in lieu thereof
``after November 29, 1993''; and
(2) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2) Payments of transitional compensation under that section in
the case of any person eligible to receive payments under that section
shall be made for each month after November 1993 for which that person
may be paid transitional compensation in accordance with that
section.''.
[[Page 110 STAT. 368]]
Subtitle E--Other Matters
SEC. 641. PAYMENT TO SURVIVORS OF DECEASED MEMBERS 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 new paragraph:
``(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. 642. REPEAL OF REPORTING REQUIREMENTS REGARDING COMPENSATION
MATTERS.
(a) Report on Travel and Transportation Allowances for Dependents.--
(1) Section 406 of title 37, United States Code, is amended--
(A) by striking out subsection (i); and
(B) by redesignating subsections (j), (k), (l), (m), and (n)
as subsections (i), (j), (k), (l), and (m), respectively.
(2) Section 2634(d) of title 10, United States Code, is amended by
striking out ``section 406(l) of title 37'' and inserting in lieu
thereof ``section 406(k) of title 37''.
(b) Annual Review of Pay and Allowances.--Section 1008(a) of title
37, United States Code, 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.''.
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) Such regulations shall provide that an agency's administrative
costs incurred 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) Regulations under this subsection may also provide that the
administrative costs incurred 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.''.
[[Page 110 STAT. 369]]
(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)(3) shall be
credited to the appropriation, fund, or account from which such
administrative costs were paid.''.
SEC. 644. 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. 645. STUDY REGARDING JOINT PROCESS FOR DETERMINING LOCATION
OF RECRUITING STATIONS.
(a) Study Required.--The Secretary of Defense shall conduct a study
regarding the feasibility of--
(1) using a joint process among the Armed Forces for
determining the location of recruiting stations and the number
of military personnel required to operate such stations; and
(2) basing such determinations on market research and
analysis conducted jointly by the Armed Forces.
(b) Report.--Not later than March 31, 1996, the Secretary of Defense
shall submit to Congress a report describing the results of the study.
The report shall include a recommended method for measuring the
efficiency of individual recruiting stations, such as cost per accession
or other efficiency standard, as determined by the Secretary.
SEC. 646. AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEN'S GROUP LIFE
INSURANCE.
<<NOTE: Effective date.>> Effective April 1, 1996, section 1967 of
title 38, United States Code, is amended--
[[Page 110 STAT. 370]]
(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. 647. TERMINATION OF SERVICEMEN'S GROUP LIFE INSURANCE FOR
MEMBERS OF THE READY RESERVE WHO FAIL TO
PAY PREMIUMS.
(a) Authority.--Section 1969(a)(2) of title 38, United States Code,
is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) If an individual who is required pursuant to subparagraph (A)
to make a direct remittance of costs to the Secretary concerned fails to
make the required remittance within 60 days of the date on which such
remittance is due, such individual's insurance with respect to which
such remittance is required shall be terminated by the Secretary
concerned. <<NOTE: Notice. Effective date.>> Such termination shall be
made by written notice to the individual's official address and shall be
effective 60 days after the date of such notice. Such termination of
insurance may be vacated if, before the effective date of termination,
the individual remits all amounts past due for such insurance and
demonstrates to the satisfaction of the Secretary concerned that the
failure to make timely remittances was justifiable.''.
(b) Conforming Amendment.--Section 1968(a) is amended by inserting
``(or discontinued pursuant to section 1969(a)(2)(B) of this title)'' in
the matter preceding paragraph (1) after ``upon the written request of
the insured''.
(c) <<NOTE: 38 USC 1968 note.>> Effective Date.--The amendments made
by this section shall take effect on April 1, 1996.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. 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;''.
[[Page 110 STAT. 371]]
SEC. 702. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND
DEATH AND DISABILITY BENEFITS FOR CERTAIN
RESERVES.
(a) Medical and Dental Care.--Section 1074a(a) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line of duty
while remaining overnight, between successive periods of
inactive-duty training, at or in the vicinity of the site of the
inactive-duty training, if the site is outside reasonable
commuting distance from the member's residence.''.
(b) Recovery, Care, and Disposition of Remains.--Section 1481(a)(2)
of title 10, United States Code, is amended--
(1) in subparagraph (C), by striking out ``or'' at the end
of the subparagraph;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) remaining overnight, between successive
periods of inactive-duty training, at or in the vicinity
of the site of the inactive-duty training, if the site
is outside reasonable commuting distance from the
member's residence; or''.
(c) Entitlement to Basic Pay.--(1) Subsection (g)(1) of section 204
of title 37, United States Code, is amended--
(A) in subparagraph (B), by striking out ``or'' at the end
of the subparagraph;
(B) in subparagraph (C), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if the site
is outside reasonable commuting distance from the member's
residence.''.
(2) Subsection (h)(1) of such section is amended--
(A) in subparagraph (B), by striking out ``or'' at the end
of the subparagraph;
(B) in subparagraph (C), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
(C) by inserting after subparagraph (C) the following new
subparagraph:
``(D) in line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in the
vicinity of the site of the inactive-duty training, if the site
is outside reasonable commuting distance from the member's
residence.''.
(d) Compensation for Inactive-Duty Training.--Section 206(a)(3) of
title 37, United States Code, is amended--
(1) in subparagraph (A), by striking out ``or'' at the end
of clause (ii);
(2) in subparagraph (B), by striking out the period at the
end of the subparagraph and inserting in lieu thereof ``; or'';
and
[[Page 110 STAT. 372]]
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) in line of duty while remaining overnight,
between successive periods of inactive-duty training, at
or in the vicinity of the site of the inactive-duty
training, if the site is outside reasonable commuting
distance from the member's residence.''.
SEC. 703. MEDICAL CARE FOR SURVIVING DEPENDENTS OF RETIRED
RESERVES WHO DIE BEFORE AGE 60.
(a) Change in Eligibility Requirements.--Paragraph (2) of section
1076(b) of title 10, United States Code, is amended--
(1) by striking out ``death (A) would'' and inserting in
lieu thereof ``death would''; and
(2) by striking out ``, and (B) had elected to participate
in the Survivor Benefit Plan established under subchapter II of
chapter 73 of this title''.
(b) Conforming Amendments.--Such paragraph is further amended--
(1) in the matter following paragraph (2), by striking out
``clause (2)'' the first place it appears and inserting in lieu
thereof ``paragraph (2)''; and
(2) by striking out the second sentence.
SEC. 704. MEDICAL AND DENTAL CARE FOR MEMBERS OF THE SELECTED
RESERVE ASSIGNED TO EARLY DEPLOYING UNITS
OF THE ARMY SELECTED RESERVE.
(a) Annual Medical and Dental Screenings and Care.--Section 1074a of
title 10, United States Code, is amended--
(1) in subsection (c), by striking out ``this section'' and
inserting in lieu thereof ``subsection (b)''; and
(2) by adding at the end the following new subsection:
``(d)(1) The Secretary of the Army shall provide to members of the
Selected Reserve of the Army who are assigned to units scheduled for
deployment within 75 days after mobilization the following medical and
dental services:
``(A) An annual medical screening.
``(B) For members who are over 40 years of age, a full
physical examination not less often than once every two years.
``(C) An annual dental screening.
``(D) The dental care identified in an annual dental
screening as required to ensure that a member meets the dental
standards required for deployment in the event of mobilization.
``(2) The services provided under this subsection shall be provided
at no cost to the member.''.
(b) <<NOTE: 10 USC 10105 note.>> Conforming Repeals.--Sections 1117
and 1118 of the Army National Guard Combat Readiness Reform Act of 1992
(title XI of Public Law 102-484; 10 U.S.C. 3077 note) are repealed.
SEC. 705. 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
[[Page 110 STAT. 373]]
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. <<NOTE: Regulations.>> 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) <<NOTE: 10 USC 1076b note.>> Implementation.--Beginning not
later than October 1, 1996, the Secretary of Defense shall offer members
of the Selected Reserve the opportunity to enroll in the dental
insurance plan required under section 1076b of title 10, United States
Code (as added by subsection (a)). During fiscal year 1996, the
Secretary shall collect such information and complete such planning and
other preparations as are necessary to offer and administer the dental
insurance plan by that date. The activities undertaken by the Secretary
under this subsection during fiscal year 1996 may include--
(1) surveys; and
(2) tests, in not more than three States, of a dental
insurance plan or alternative dental insurance plans meeting the
requirements of section 1076b of title 10, United States Code.
SEC. 706. PERMANENT AUTHORITY TO CARRY OUT SPECIALIZED TREATMENT
FACILITY PROGRAM.
Section 1105 of title 10, United States Code, is amended by striking
out subsection (h).
[[Page 110 STAT. 374]]
Subtitle B--TRICARE Program
SEC. 711. <<NOTE: 10 USC 1073 note.>> DEFINITION OF TRICARE
PROGRAM.
For purposes of this subtitle, 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.
SEC. 712. PRIORITY USE OF MILITARY TREATMENT FACILITIES FOR
PERSONS ENROLLED IN MANAGED CARE
INITIATIVES.
Section 1097(c) of title 10, United States Code, is amended in the
third sentence by striking out ``However, the Secretary may'' and
inserting in lieu thereof ``Notwithstanding the preferences established
by sections 1074(b) and 1076 of this title, the Secretary shall''.
SEC. 713. STAGGERED PAYMENT OF ENROLLMENT FEES FOR TRICARE
PROGRAM.
Section 1097(e) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``Without imposing
additional costs on covered beneficiaries who participate in contracts
for health care services under this section or health care plans offered
under section 1099 of this title, the Secretary shall permit such
covered beneficiaries to pay, on a quarterly basis, any enrollment fee
required for such participation.''.
SEC. 714. REQUIREMENT OF BUDGET NEUTRALITY FOR TRICARE PROGRAM TO
BE BASED ON ENTIRE PROGRAM.
(a) Change in Budget Neutrality Requirements.--Subsection (c) of
section 731 of the National Defense Authorization Act for Fiscal Year
1994 (Public Law 103-160; 10 U.S.C. 1073 note) is amended--
(1) by striking out ``each managed health care initiative
that includes the option'' and inserting in lieu thereof ``the
TRICARE program''; and
(2) by striking out ``covered beneficiaries who enroll in
the option'' and inserting in lieu thereof ``members of the
uniformed services and covered beneficiaries who participate in
the TRICARE program''.
(b) Addition of Definition of TRICARE Program.--Subsection (d) of
such section is amended to read as follows:
``(d) Definitions.--For purposes of this section:
``(1) The term `covered beneficiary' means a beneficiary
under chapter 55 of title 10, United States Code, other than a
beneficiary under section 1074(a) of such title.
``(2) 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.''.
[[Page 110 STAT. 375]]
SEC. 715. <<NOTE: 10 USC 1073 note.>> TRAINING IN HEALTH CARE
MANAGEMENT AND ADMINISTRATION FOR TRICARE
LEAD AGENTS.
(a) Provision of Training.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall implement a
professional educational program to provide appropriate training in
health care management and administration--
(1) to each commander of a military medical treatment
facility of the Department of Defense who is selected to serve
as a lead agent to coordinate the delivery of health care by
military and civilian providers under the TRICARE program; and
(2) to appropriate members of the support staff of the
treatment facility who will be responsible for daily operation
of the TRICARE program.
(b) Report on Implementation.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report describing the professional educational program
implemented pursuant to this section.
SEC. 716. <<NOTE: Children and youth. 10 USC 1073 note.>> PILOT
PROGRAM OF INDIVIDUALIZED RESIDENTIAL
MENTAL HEALTH SERVICES.
(a) Program Required.--(1) During fiscal year 1996, the Secretary of
Defense, in consultation with the other administering Secretaries under
chapter 55 of title 10, United States Code, shall implement a pilot
program to provide residential and wraparound services to children
described in paragraph (2) who are in need of mental health services.
The Secretary shall implement the pilot program for an initial period of
at least two years in a military health care region in which the TRICARE
program has been
implemented.
(2) A child shall be eligible for selection to participate in the
pilot program if the child is a dependent (as described in subparagraph
(D) or (I) of section 1072(2) of title 10, United States Code) who--
(A) is eligible for health care under section 1079 or 1086
of such title; and
(B) has a serious emotional disturbance that is generally
regarded as amenable to treatment.
(b) Wraparound Services Defined.--For purposes of this section, the
term ``wraparound services'' means individualized mental health services
that are provided principally to allow a child to remain in the family
home or other least-restrictive and least-costly setting, but also are
provided as an aftercare planning service for children who have received
acute or residential care. Such term includes nontraditional mental
health services that will assist the child to be maintained in the
least-restrictive and least-costly setting.
(c) Pilot Program Agreement.--Under the pilot program the Secretary
of Defense shall enter into one or more agreements that require a mental
health services provider under the agreement--
(1) to provide wraparound services to a child described in
subsection (a)(2);
(2) to continue to provide such services as needed during
the period of the agreement even if the child moves to another
location within the same TRICARE program region during that
period; and
[[Page 110 STAT. 376]]
(3) to share financial risk by accepting as a maximum annual
payment for such services a case-rate reimbursement not in
excess of the amount of the annual standard CHAMPUS residential
treatment benefit payable (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, 1998, 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 throughout the military health care
system.
SEC. 717. <<NOTE: 10 USC 1073 note.>> EVALUATION AND REPORT ON
TRICARE PROGRAM EFFECTIVENESS.
(a) Evaluation Required.--The Secretary of Defense shall arrange for
an on-going evaluation of the effectiveness of the TRICARE program in
meeting the goals of increasing the access of covered beneficiaries
under chapter 55 of title 10, United States Code, to health care and
improving the quality of health care provided to covered beneficiaries,
without increasing the costs incurred by the Government or covered
beneficiaries. The evaluation shall specifically address--
(1) the impact of the TRICARE program on military retirees
with regard to access, costs, and quality of health care
services; and
(2) identify noncatchment areas in which the health
maintenance organization option of the TRICARE program is
available or is proposed to become available.
(b) Entity To Conduct Evaluation.--The Secretary may use a federally
funded research and development center to conduct the evaluation
required by subsection (a).
(c) Annual Report.--Not later than March 1, 1997, and each March 1
thereafter, the Secretary shall submit to Congress a report describing
the results of the evaluation under subsection (a) during the preceding
year.
SEC. 718. SENSE OF CONGRESS REGARDING ACCESS TO HEALTH CARE UNDER
TRICARE PROGRAM FOR COVERED BENEFICIARIES
WHO ARE MEDICARE ELIGIBLE.
(a) Findings.--Congress finds the following:
(1) Medical care provided in facilities of the uniformed
services is generally less expensive to the Federal Government
than the same care provided at Government expense in the private
sector.
(2) Covered beneficiaries under the military health care
provisions of chapter 55, United States Code, who are eligible
for medicare under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) deserve health care options that empower
them to choose the health plan that best fits their needs.
(b) Sense of Congress.--In light of the findings specified in
subsection (a), it is the sense of Congress that--
(1) the Secretary of Defense should develop a program to
ensure that such covered beneficiaries who reside in a region in
which the TRICARE program has been implemented con
[[Page 110 STAT. 377]]
tinue to have adequate access to health care services after the
implementation of the TRICARE program; and
(2) as a means of ensuring such access, the budget for
fiscal year 1997 submitted by the President under section 1105
of title 31, United States Code, should provide for
reimbursement by the Health Care Financing Administration to the
Department of Defense for health care services provided to such
covered beneficiaries in medical treatment facilities of the
Department of Defense.
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. LIMITATION ON EXPENDITURES TO SUPPORT UNIFORMED SERVICES
TREATMENT FACILITIES.
Subsection (f) of section 1252 of the Department of Defense
Authorization Act, 1984 (42 U.S.C. 248d), is amended to read as follows:
``(f) Limitation on Expenditures.--The total amount of expenditures
by the Secretary of Defense to carry out this section and section 911 of
the Military Construction Authorization Act, 1982 (42 U.S.C. 248c), for
fiscal year 1996 may not exceed $300,000,000, adjusted by the Secretary
to reflect the inflation factor used by the Department of Defense for
such fiscal year.''.
SEC. 723. APPLICATION OF CHAMPUS PAYMENT RULES IN CERTAIN CASES.
Section 1074 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary of Defense may require, by regulation, 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 private CHAMPUS provider provides to a
member of the uniformed services who is enrolled in a health care plan
of 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)) when the health care is provided outside the catchment
area of the 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).
``(3) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe regulations under this subsection after consultation with the
other administering Secretaries.''.
[[Page 110 STAT. 378]]
SEC. 724. APPLICATION OF FEDERAL ACQUISITION REGULATION TO
PARTICIPATION AGREEMENTS WITH UNIFORMED
SERVICES TREATMENT FACILITIES.
(a) Section 718(c) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1587) <<NOTE: 42 USC
248c note.>> 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 (6); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Application of federal acquisition regulation.--On and
after the date of the enactment of this paragraph, Uniformed
Services Treatment Facilities and any participation agreement
between Uniformed Services Treatment Facilities and the
Secretary of Defense shall be subject to the Federal Acquisition
Regulation issued pursuant to section 25(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 421(c))
notwithstanding any provision to the contrary in such a
participation agreement. The requirements regarding competition
in the Federal Acquisition Regulation shall apply with regard to
the negotiation of any new participation agreement between the
Uniformed Services Treatment Facilities and the Secretary of
Defense under this subsection or any other provision of law.''.
(b) Sense of Congress.--(1) Congress finds that the Uniformed
Services Treatment Facilities provide quality health care to the 120,000
Department of Defense beneficiaries enrolled in the Uniformed Services
Family Health Plan provided by these facilities.
(2) In light of such finding, it is the sense of Congress that the
Uniformed Services Family Health Plan provided by the Uniformed Services
Treatment Facilities should not be terminated for convenience under
provisions of the Federal Acquisition Regulation by the Secretary of
Defense before the expiration of the current participation agreements.
(3) For purposes of this subsection, 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)).
SEC. 725. DEVELOPMENT OF PLAN FOR INTEGRATING UNIFORMED SERVICES
TREATMENT FACILITIES IN MANAGED CARE
PROGRAMS OF DEPARTMENT OF DEFENSE.
Section 718(c) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1587) <<NOTE: 42 USC 248c
note.>> is amended by inserting after paragraph (4), as added by section
722, the following new paragraph:
``(5) Plan for integrating facilities.--(A) The Secretary of
Defense shall develop a plan under which Uniformed Services
Treatment Facilities could be included, before the expiration
date of the participation agreements entered into under this
section, in the exclusive health care provider networks
established by the Secretary for the geographic regions in which
the facilities are located. The Secretary shall address in the
plan the feasibility of implementing the managed care plan
[[Page 110 STAT. 379]]
of the Uniformed Services Treatment Facilities, known as Option
II, on a mandatory basis for all USTF Medicare-eligible
beneficiaries and the potential cost savings to the Military
Health Care Program that could be achieved under such option.
``(B) The Secretary shall submit the plan developed under
this paragraph to Congress not later than March 1, 1996.
``(C) The plan developed under this paragraph shall be
consistent with the requirements specified in paragraph (4). If
the plan is not submitted to Congress by the expiration date of
the participation agreements entered into under this section,
the participation agreements shall remain in effect, at the
option of the Uniformed Services Treatment Facilities, until the
end of the 180-day period beginning on the date the plan is
finally submitted.
``(D) For purposes of this paragraph, the term `USTF
Medicare-eligible beneficiaries' means covered beneficiaries
under chapter 55 of title 10, United States Code, who are
enrolled in a managed health plan offered by the Uniformed
Services Treatment Facilities and entitled to hospital insurance
benefits under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.).''.
SEC. 726. <<NOTE: 42 USC 248c note.>> EQUITABLE IMPLEMENTATION OF
UNIFORM COST SHARING REQUIREMENTS FOR UNIFORMED SERVICES
TREATMENT FACILITIES.
(a) Time for Fee Implementation.--The uniform managed care benefit
fee and copayment schedule developed by the Secretary of Defense for use
in all managed care initiatives of the military health service system,
including the managed care program of the Uniformed Services Treatment
Facilities, shall be extended to the managed care program of a Uniformed
Services Treatment Facility only after the later of--
(1) the implementation of the TRICARE regional program
covering the service area of the Uniformed Services Treatment
Facility; or
(2) October 1, 1996.
(b) Submission of Actuarial Estimates.--Paragraph (2) of subsection
(a) shall operate as a condition on the extension of the uniform managed
care benefit fee and copayment schedule to the Uniformed Services
Treatment Facilities only if the Uniformed Services Treatment Facilities
submit to the Comptroller General of the United States, within 30 days
after the date of the enactment of this Act, actuarial estimates in
support of their contention that the extension of such fees and
copayments will have an adverse effect on the operation of the Uniformed
Services Treatment Facilities and the enrollment of participants.
(c) Evaluation.--(1) Except as provided in paragraph (2), not later
than 90 days after the date of the enactment of this Act, the
Comptroller General shall submit to Congress the results of an
evaluation of the effect on the Uniformed Services Treatment Facilities
of the extension of the uniform benefit fee and copayment schedule to
the Uniformed Services Treatment Facilities. The evaluation shall
include an examination of whether the benefit fee and copayment schedule
may--
(A) cause adverse selection of enrollees;
(B) be inappropriate for a fully at-risk program similar to
civilian health maintenance organizations; or
[[Page 110 STAT. 380]]
(C) result in an enrolled population dissimilar to the
general beneficiary population.
(2) The Comptroller General shall not be required to prepare or
submit the evaluation under paragraph (1) if the Uniformed Services
Treatment Facilities fail to satisfactorily comply with subsection (b),
as determined by the Comptroller General.
SEC. 727. ELIMINATION OF UNNECESSARY ANNUAL REPORTING REQUIREMENT
REGARDING UNIFORMED SERVICES TREATMENT
FACILITIES.
Section 1252 of the Department of Defense Authorization Act, 1984
(42 U.S.C. 248d), is amended by striking out subsection (d).
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
SEC. 731. MAXIMUM ALLOWABLE PAYMENTS TO INDIVIDUAL HEALTH-CARE
PROVIDERS UNDER CHAMPUS.
(a) Maximum Payment.--Subsection (h) of section 1079 of title 10,
United States Code, is amended by striking out paragraph (1) and
inserting in lieu thereof the following new paragraph:
``(1) 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)
may not exceed the lesser of--
``(A) the amount equivalent to the 80th percentile of billed
charges made for similar services in the same locality during
the base period; or
``(B) an amount determined to be appropriate, to the extent
practicable, in accordance with the same reimbursement rules as
apply to payments for similar services under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.).''.
(b) Comparison to Medicare Payments.--Such subsection is further
amended by adding at the end the following new paragraph:
``(3) For the purposes of paragraph (1)(B), the appropriate payment
amount shall be determined by the Secretary of Defense, in consultation
with the other administering Secretaries.''.
(c) Exceptions and Limitations.--Such subsection is further amended
by inserting after paragraph (3), as added by subsection (b), the
following new paragraphs:
``(4) <<NOTE: Regulations.>> The Secretary of Defense, in
consultation with the other administering Secretaries, shall prescribe
regulations to provide for such exceptions to the payment limitations
under paragraph (1) as the Secretary determines to be necessary to
assure that covered beneficiaries retain adequate access to health care
services. Such exceptions may include the payment of amounts higher than
the amount allowed under paragraph (1) when enrollees in managed care
programs obtain covered emergency services from nonparticipating
providers. To provide a suitable transition from the payment
methodologies in effect before the date of the enactment of this
paragraph to the methodology required by paragraph (1), the amount
allowable for any service may not be reduced by more than 15 percent
below the amount allowed for the same service during the immediately
preceding 12-month period (or other period as established by the
Secretary of Defense).
[[Page 110 STAT. 381]]
``(5) <<NOTE: Regulations.>> The Secretary of Defense, in
consultation with the other administering Secretaries, shall prescribe
regulations to establish limitations (similar to the limitations
established under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.)) on beneficiary liability for charges of an individual health
care professional (or other noninstitutional health care provider).''.
(d) Conforming Amendment.--Paragraph (2) of such subsection is
amended by striking out ``paragraph (1)'' and inserting in lieu thereof
``paragraph (1)(A)''.
(e) Report on Effect of Amendments.--Not later than March 1, 1996,
the Secretary of Defense shall submit to Congress a report analyzing the
effect of the amendments made by this section on the ability or
willingness of individual health care professionals and other
noninstitutional health care providers to participate in the Civilian
Health and Medical Program of the Uniformed Services.
SEC. 732. NOTIFICATION OF CERTAIN CHAMPUS COVERED BENEFICIARIES OF
LOSS OF CHAMPUS ELIGIBILITY.
Section 1086(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) The administering Secretaries shall develop a mechanism by
which persons described in paragraph (1) who satisfy only the criteria
specified in subparagraphs (A) and (B) of paragraph (2), but not
subparagraph (C) of such paragraph, are promptly notified of their
ineligibility for health benefits under this section. In developing the
notification mechanism, the administering Secretaries shall consult with
the administrator of the Health Care Financing Administration.''.
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) <<NOTE: 10 USC 1091 note.>> 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) <<NOTE: 10 USC 1091 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect as of October 1, 1995.
SEC. 734. IDENTIFICATION OF THIRD-PARTY PAYER SITUATIONS.
Section 1095 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1) To improve the administration of this section and sections
1079(j)(1) and 1086(d) of this title, the Secretary of Defense, in
consultation with the other administering Secretaries, may prescribe
regulations providing for the collection of information regarding
insurance, medical service, or health plans of third-party payers held
by covered beneficiaries.
[[Page 110 STAT. 382]]
``(2) The collection of information under regulations prescribed
under paragraph (1) shall be conducted in the same manner as is provided
in section 1862(b)(5) of the Social Security Act (42 U.S.C.
1395y(b)(5)). The Secretary may provide for obtaining from the
Commissioner of Social Security employment information comparable to the
information provided to the Administrator of the Health Care Financing
Administration pursuant to such section. Such regulations may require
the mandatory disclosure of Social Security account numbers for all
covered beneficiaries.
``(3) The Secretary may disclose relevant employment information
collected under this subsection to fiscal intermediaries or other
designated contractors.
``(4) The Secretary may provide for contacting employers of covered
beneficiaries to obtain group health plan information comparable to the
information authorized to be obtained under section 1862(b)(5)(C) of the
Social Security Act (42 U.S.C. 1395y(b)(5)(C)). Notwithstanding clause
(iii) of such section, clause (ii) of such section regarding the
imposition of civil money penalties shall apply to the collection of
information under this paragraph.
``(5) Information obtained under this subsection may not be
disclosed for any purpose other than to carry out the purpose of this
section and sections 1079(j)(1) and 1086(d) of this title.''.
SEC. 735. REDESIGNATION OF MILITARY HEALTH CARE ACCOUNT AS DEFENSE
HEALTH PROGRAM ACCOUNT AND TWO-YEAR
AVAILABILITY OF CERTAIN ACCOUNT FUNDS.
(a) Redesignation.--Section 1100 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking out ``Military Health Care Account''
and inserting in lieu thereof ``Defense Health Program
Account''; and
(B) by striking out ``the Civilian Health and
Medical Program of the Uniformed Services'' and
inserting in lieu thereof ``medical and health care
programs of the Department of Defense''; and
(2) in subsection (b)--
(A) by striking out ``entering into a contract'' and
inserting in lieu thereof ``conducting programs and
activities under this chapter, including contracts
entered into''; and
(B) by inserting a comma after ``title''.
(b) Two Year Availability of Certain Appropriations.--Subsection
(a)(2) of such section is amended to read as follows:
``(2) Of the total amount appropriated for a fiscal year for
programs and activities carried out under this chapter, the amount equal
to three percent of such total amount shall remain available for
obligation until the end of the following fiscal year.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) by striking out subsections (c), (d), and (f); and
(2) by redesignating subsection (e) as subsection (c).
(d) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
[[Page 110 STAT. 383]]
``Sec. 1100. Defense Health Program Account''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 55 of such title is amended to read as follows:
``1100. Defense Health Program Account.''.
SEC. 736. EXPANSION OF FINANCIAL ASSISTANCE PROGRAM FOR HEALTH-
CARE PROFESSIONALS IN RESERVE COMPONENTS
TO INCLUDE DENTAL SPECIALTIES.
Section 16201(b) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``and Dentists''
after ``Physicians'';
(2) in paragraph (1)(A), by inserting ``or dental school''
after ``medical school'';
(3) in paragraphs (1)(B) and (2)(B), by inserting ``or
dental officer'' after ``medical officer''; and
(4) in paragraph (1)(C), by striking out ``physicians in a
medical specialty'' and inserting in lieu thereof ``physicians
or dentists in a medical or dental specialty''.
SEC. 737. APPLICABILITY OF LIMITATION ON PRICES OF PHARMACEUTICALS
PROCURED FOR COAST GUARD.
(a) Inclusion of Coast Guard.--Section 8126(b) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) The Coast Guard.''.
(b) <<NOTE: 38 USC 8126 note.>> Effective Date; Application of
Amendment.--The amendment made by subsection (a) shall take effect as if
included in the enactment of section 603 of the Veterans Health Care Act
of 1992 (Public Law 102-585; 106 Stat. 4971).
SEC. 738. RESTRICTION ON USE OF DEPARTMENT OF DEFENSE FACILITIES
FOR ABORTIONS.
(a) In General.--Section 1093 of title 10, United States Code, is
amended--
(1) by inserting ``(a) Restriction on Use of
Funds.--'' before ``Funds available''; and
(2) by adding at the end the following:
``(b) Restriction on Use of Facilities.--No medical treatment
facility or other facility of the Department of Defense may be used to
perform an abortion except where the life of the mother would be
endangered if the fetus were carried to term or in a case in which the
pregnancy is the result of an act of rape or incest.''.
(b) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 1093. Performance of abortions: restrictions''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 55 of such title is amended to read as follows:
``1093. Performance of abortions: restrictions.''.
[[Page 110 STAT. 384]]
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 new section:
``Sec. 2116. Military nursing research
``(a) Definitions.--In this section:
``(1) The term `military nursing research' means research on
the furnishing of care and services by nurses in the armed
forces.
``(2) The term `TriService Nursing Research Program' means
the program of military nursing research authorized under this
section.
``(b) Program Authorized.--The Secretary of Defense may establish at
the University a program of military nursing research.
``(c) TriService Research Group.--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.
``(d) Duties of Group.--The TriService Nursing Research Group
shall--
``(1) develop for the Department of Defense recommended
guidelines for requesting, reviewing, and funding proposed
military nursing research projects; and
``(2) make available to Army, Navy, and Air Force nurses and
Department of Defense officials concerned with military nursing
research--
``(A) information about nursing research projects
that are being developed or carried out in the Army,
Navy, and Air Force; and
``(B) expertise and information beneficial to the
encouragement of meaningful nursing research.
``(e) 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.
[[Page 110 STAT. 385]]
``(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. Military nursing research.''.
SEC. 742. TERMINATION OF PROGRAM TO TRAIN MILITARY PSYCHOLOGISTS
TO PRESCRIBE PSYCHOTROPIC MEDICATIONS.
(a) Termination.--Not later than June 30, 1997, the Secretary of
Defense shall terminate the demonstration pilot program for training
military psychologists in the prescription of psychotropic medications,
which is referred to in section 8097 of the Department of Defense
Appropriations Act, 1991 (Public Law 101-511; 104 Stat. 1897).
(b) Prohibition on Additional Enrollees Pending Termination.--After
the date of the enactment of this Act, the Secretary of Defense may not
enroll any new participants for the demonstration pilot program
described in subsection (a).
(c) Effect on Current Participants.--The requirement to terminate
the demonstration pilot program described in subsection (a) shall not be
construed to affect the training or utilization of military
psychologists in the prescription of psychotropic medications who are
participating in the demonstration pilot program on the date of the
enactment of this Act or who have completed such training before that
date.
(d) <<NOTE: Reports.>> Evaluation.--As soon as possible after the
date of the enactment of this Act, but not later than April 1, 1997, the
Comptroller General of the United States shall submit to Congress a
report evaluating the success of the demonstration pilot program
described in subsection (a). The report shall include--
(1) a cost-benefit analysis of the program;
(2) a discussion of the utilization requirements under the
program; and
(3) recommendations regarding--
(A) whether the program should be extended so as to
continue to provide training to military psychologists
in the prescription of psychotropic medications; and
(B) any modifications that should be made in the
manner in which military psychologists are trained and
used to prescribe psychotropic medications so as to
improve the training provided under the program, if the
program is extended.
SEC. 743. <<NOTE: 10 USC 1086 note.>> WAIVER OF COLLECTION OF
PAYMENTS DUE FROM CERTAIN PERSONS UNAWARE
OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Collection.--The administering Secretaries
may waive the collection of payments otherwise due from a person
described in subsection (b) as a result of the receipt by the person of
health benefits under section 1086 of title 10, United States Code,
after the termination of the person's eligibility for such benefits.
(b) Persons Eligible for Waiver.--A person shall be eligible for
relief under subsection (a) if the person--
(1) is a person described in paragraph (1) of subsection (d)
of section 1086 of title 10, United States Code;
[[Page 110 STAT. 386]]
(2) in the absence of such paragraph, would have been
eligible for health benefits under such section; and
(3) at the time of the receipt of such benefits, satisfied
the criteria specified in subparagraphs (A) and (B) of paragraph
(2) of such subsection.
(c) Extent of Waiver Authority.--The authority to waive the
collection of payments pursuant to this section shall apply with regard
to health benefits provided under section 1086 of title 10, United
States Code, to persons described in subsection (b) during the period
beginning on January 1, 1967, and ending on the later of--
(1) the termination date of any special enrollment period
provided under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) specifically for such persons; and
(2) July 1, 1996.
(d) Definitions.--For purposes of this section, the term
``administering Secretaries'' has the meaning given such term in section
1072(3) of title 10, United States Code.
SEC. 744. <<NOTE: 10 USC 1092 note.>> DEMONSTRATION PROGRAM TO
TRAIN MILITARY MEDICAL PERSONNEL IN
CIVILIAN SHOCK TRAUMA UNITS.
(a) Demonstration Program.--(1) Not later than April 1, 1996, the
Secretary of Defense shall implement a demonstration program to evaluate
the feasibility of providing shock trauma training for military medical
personnel through one or more public or nonprofit hospitals. The
Secretary shall carry out the program pursuant to an agreement with such
hospitals.
(2) Under the agreement with a hospital, the Secretary shall assign
military medical personnel participating in the demonstration program to
temporary duty in shock trauma units operated by the hospitals that are
parties to the agreement.
(3) The agreement shall require, as consideration for the services
provided by military medical personnel under the agreement, that the
hospital provide appropriate care to members of the Armed Forces and to
other persons whose care in the hospital would otherwise require
reimbursement by the Secretary. The value of the services provided by
the hospitals shall be at least equal to the value of the services
provided by military medical personnel under the agreement.
(b) Termination of Program.--The authority of the Secretary of
Defense to conduct the demonstration program under this section, and any
agreement entered into under the demonstration program, shall expire on
March 31, 1998.
(c) Report and Evaluation of Program.--(1) Not later than March 1 of
each year in which the demonstration program is conducted under this
section, the Secretary of Defense shall submit to Congress a report
describing the scope and activities of the demonstration program during
the preceding year.
(2) Not later than May 1, 1998, the Comptroller General of the
United States shall submit to Congress a report evaluating the
effectiveness of the demonstration program in providing shock trauma
training for military medical personnel.
SEC. 745. STUDY REGARDING DEPARTMENT OF DEFENSE EFFORTS TO
DETERMINE APPROPRIATE FORCE LEVELS OF
WARTIME MEDICAL PERSONNEL.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study to evaluate the reasonableness of
[[Page 110 STAT. 387]]
the models used by each military department for determining the
appropriate wartime force level for medical personnel in the department.
The study shall include the following:
(1) An assessment of the modeling techniques used by each
department.
(2) An analysis of the data used in the models to identify
medical personnel requirements.
(3) An identification of the ability of the models to
integrate personnel of reserve components to meet department
requirements.
(4) An evaluation of the ability of the Secretary of Defense
to integrate the various modeling efforts into a comprehensive,
coordinated plan for obtaining the optimum force level for
wartime medical personnel.
(b) Report of Study.--Not later than June 30, 1996, the Comptroller
General shall report to Congress on the results of the study conducted
under subsection (a).
SEC. 746. REPORT ON IMPROVED ACCESS TO MILITARY HEALTH CARE FOR
COVERED BENEFICIARIES ENTITLED TO
MEDICARE.
Not later than March 1, 1996, the Secretary of Defense shall submit
to Congress a report evaluating the feasibility, costs, and consequences
for the military health care system of improving access to the system
for covered beneficiaries under chapter 55 of title 10, United States
Code, who have limited
access to military medical treatment facilities and are ineligible for
the Civilian Health and Medical Program of the Uniformed Services under
section 1086(d)(1) of such title. The alternatives that the Secretary
shall consider to improve access for such covered beneficiaries shall
include--
(1) whether CHAMPUS should serve as a second payer for
covered beneficiaries who are entitled to hospital insurance
benefits under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.); and
(2) whether such covered beneficiaries should be offered
enrollment in the Federal Employees Health Benefits program
under chapter 89 of title 5, United States Code.
SEC. 747. REPORT ON EFFECT OF CLOSURE OF FITZSIMONS ARMY MEDICAL
CENTER, COLORADO, ON PROVISION OF CARE TO
MILITARY PERSONNEL, RETIRED MILITARY
PERSONNEL, AND THEIR DEPENDENTS.
(a) Effect of Closure on Members 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 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 conflict; 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 provided to such members for such illnesses (or
combination of illnesses).
[[Page 110 STAT. 388]]
(b) Effect of Closure on Other Covered Beneficiaries.--The report
required by subsection (a) shall also include--
(1) an assessment of the effects of the closure of
Fitzsimons Army Medical Center on the capability of the
Department of Defense to provide appropriate and adequate health
care to the dependents of members and former members of the
Armed Forces and retired members and their dependents who
currently obtain care at the medical center; and
(2) a description of the plans of the Secretary of Defense
and the Secretary of the Army to ensure that adequate and
appropriate health care is provided to such persons, as called
for in the recommendations of the Secretary of Defense for the
closure of Fitzsimons Army Medical Center.
SEC. 748. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES
FOR COVERED BENEFICIARIES ADVERSELY
AFFECTED BY CLOSURES OF MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Findings.--Congress finds the following:
(1) Military installations selected for closure in the 1991
and 1993 rounds of the base closure process will soon close.
(2) Additional military installations have been selected for
closure in the 1995 round of the base closure process.
(3) Some of the military installations selected for closure
include military medical treatment facilities.
(4) As a result of these base closures, tens of thousands of
covered beneficiaries under chapter 55 of title 10, United
States Code, who reside in the vicinity of such installations
will be left without immediate access to military medical
treatment facilities.
(b) Sense of Congress.--In light of the findings specified in
subsection (a), it is the sense of Congress that the Secretary of
Defense should take all appropriate steps necessary to ensure the
continuation of medical and pharmaceutical benefits for covered
beneficiaries adversely affected by the closure of military
installations.
SEC. 749. STATE RECOGNITION OF MILITARY ADVANCE MEDICAL
DIRECTIVES.
(a) Requirement for Recognition by States.--(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 members 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.--For purposes of this section, an
advance medical directive is any written declaration that--
[[Page 110 STAT. 389]]
``(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) <<NOTE: Regulations.>> Statement To Be Included.--(1) Under
regulations prescribed by the Secretary concerned, an advance medical
directive prepared by an attorney authorized to provide legal assistance
shall contain a statement that sets forth the provisions of subsection
(a).
``(2) Paragraph (1) shall not be construed to make inapplicable the
provisions of subsection (a) to an advance medical directive that does
not include a statement described in that paragraph.
``(d) States Not Recognizing Advance Medical Directives.--Subsection
(a) does not make an advance medical directive enforceable in a State
that does not otherwise recognize and enforce advance medical directives
under the laws of the State.
``(e) Definitions.--In this section:
``(1) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and a possession of the United
States.
``(2) The term `person eligible for legal assistance' means
a person who is eligible for legal assistance under section 1044
of this title.
``(3) The term `legal assistance' means legal services
authorized under section 1044 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1044b the
following:
``1044c. Advance medical directives of members and dependents:
requirement for recognition by States.''.
(b) <<NOTE: 10 USC 1044c note.>> 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 that section that are executed before, on, or after that
date.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
SEC. 801. INAPPLICABILITY OF LIMITATION ON EXPENDITURE OF
APPROPRIATIONS TO CONTRACTS AT OR BELOW
SIMPLIFIED ACQUISITION THRESHOLD.
Section 2207 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``Money appropriated''; and
(2) by adding at the end the following new subsection:
``(b) This section does not apply to a contract that is for an
amount not greater than the simplified acquisition threshold (as
[[Page 110 STAT. 390]]
defined in section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11))).''.
SEC. 802. AUTHORITY TO DELEGATE CONTRACTING AUTHORITY.
(a) Repeal of Duplicative Authority and Restriction.--Section 2356
of title 10, United States Code, is repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of title 10, United States Code, is amended by striking out
the item relating to section 2356.
SEC. 803. 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. 804. FEES FOR CERTAIN TESTING SERVICES.
Section 2539b(c) of title 10, United States Code, is amended by
inserting ``and indirect'' after ``recoup the direct'' in the second
sentence.
SEC. 805. 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. 806. ADDITION OF CERTAIN ITEMS TO DOMESTIC SOURCE
LIMITATION.
(a) Limitation.--(1) Paragraph (3) of section 2534(a) of title 10,
United States Code, is amended to read as follows:
``(3) Components for naval vessels.--(A) The following
components:
``(i) Air circuit breakers.
``(ii) Welded shipboard anchor and mooring chain
with a diameter of four inches or less.
``(iii) Vessel propellers with a diameter of six
feet or more.
``(B) The following components of vessels, to the extent
they are unique to marine applications: gyrocompasses,
electronic navigation chart systems, steering controls, pumps,
propulsion and machinery control systems, and totally enclosed
lifeboats.''.
(2) Subsection (b) of section 2534 of such title is amended by
adding at the end the following:
``(3) Manufacturer of vessel propellers.--In the case of a
procurement of vessel propellers referred to in subsection
(a)(3)(A)(ii), the manufacturer of the propellers meets the
requirements of this subsection only if--
``(A) the manufacturer meets the requirements set
forth in paragraph (1); and
[[Page 110 STAT. 391]]
``(B) all castings incorporated into such propellers
are poured and finished in the United States.''.
(3) Paragraph (1) of section 2534(c) of such title is amended to
read as follows:
``(1) Components for naval vessels.--Subsection (a) does not
apply to a procurement of spare or repair parts needed to
support components for naval vessels produced or manufactured
outside the United States.''.
(4) Section 2534 of such title is amended by adding at the end the
following new subsection:
``(h) Implementation of Naval Vessel Component Limitation.--In
implementing subsection (a)(3)(B), the Secretary of Defense--
``(1) may not use contract clauses or certifications; and
``(2) shall use management and oversight techniques that
achieve the objective of the subsection without imposing a
significant management burden on the Government or the
contractor involved.''.
(5) Subsection (a)(3)(B) of section 2534 of title 10, United States
Code, as amended by paragraph (1), shall apply only to contracts entered
into after March 31, 1996.
(b) Extension of Limitation Relating to Ball Bearings and Roller
Bearings.--Section 2534(c)(3) of such title is amended by striking out
``October 1, 1995'' and inserting in lieu thereof ``October 1, 2000''.
(c) Termination of Vessel Propeller Limitation.--Section 2534(c) of
such title is amended by adding at the end the following new paragraph:
`` <<NOTE: Termination date.>> (4) Vessel propellers.--
Subsection (a)(3)(A)(iii) and this paragraph shall cease to be
effective on the date occurring two years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 1996.''.
(d) Inapplicability of Simplified Acquisition Limitation to
Contracts for Ball Bearings and Roller Bearings.--Section 2534(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``This section''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to contracts for items described
in subsection (a)(5) (relating to ball bearings and roller bearings),
notwithstanding section 33 of the Office of Federal Procurement Policy
Act (41 U.S.C. 429).''.
SEC. 807. ENCOURAGEMENT OF USE OF LEASING AUTHORITY.
(a) In General.--(1) Section 2401a of title 10, United States Code,
is amended--
(A) by inserting before ``The Secretary of Defense'' the
following subsection heading: ``(b) Limitation on Contracts With
Terms of 18 Months or More.--'';
(B) by inserting after the section heading the following:
``(a) Leasing of Commercial Vehicles and Equipment.--The Secretary
of Defense may use leasing in the acquisition of commercial vehicles and
equipment whenever the Secretary determines that leasing of such
vehicles is practicable and efficient.''; and
(C) by amending the section heading to read as follows:
[[Page 110 STAT. 392]]
``Sec. 2401a. Lease of vehicles, equipment, vessels, and aircraft''.
(2) The item relating to section 2401a in the table of sections at
the beginning of chapter 141 of such title is amended to read as
follows:
``2401a. Lease of vehicles, equipment, vessels, and aircraft.''.
(b) Report.--Not later than 90 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 setting forth changes in
legislation that would be required to facilitate the use of leasing in
the acquisition of equipment by the Department of Defense.
(c) <<NOTE: 10 USC 2401a note.>> Pilot Program.--(1) The Secretary
of the Army may conduct a pilot program for leasing commercial utility
cargo vehicles in accordance with this subsection.
(2) Under the pilot program--
(A) the Secretary may trade existing commercial utility
cargo vehicles of the Army for credit against the costs of
leasing new replacement commercial utility cargo vehicles for
the Army;
(B) the quantities and trade-in value of commercial utility
cargo vehicles to be traded in shall be subject to negotiation
between the Secretary and the lessors of the new replacement
commercial utility cargo vehicles;
(C) the lease agreement for a new commercial utility cargo
vehicle may be executed with or without an option to purchase at
the end of the lease period;
(D) the lease period for a new commercial utility cargo
vehicle may not exceed the warranty period for the vehicle; and
(E) up to 40 percent of the validated requirement for
commercial utility cargo vehicles may be satisfied by leasing
such vehicles, except that one or more options for satisfying
the remainder of the validated requirement may be provided for
and exercised (subject to the requirements of paragraph (6)).
(3) In awarding contracts under the pilot program, the Secretary
shall comply with section 2304 of title 10, United States Code.
(4) The pilot program may not be commenced until--
(A) <<NOTE: Reports.>> the Secretary submits to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report that
contains the plans of the Secretary for implementing the program
and that sets forth in detail the savings in operating and
support costs expected to be derived from retiring older
commercial utility cargo vehicles, as compared to the expected
costs of leasing newer commercial utility cargo vehicles; and
(B) a period of 30 calendar days has elapsed after
submission of such report.
(5) <<NOTE: Reports.>> Not later than one year after the date on
which the first lease under the pilot program is entered into, 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 on the status of the pilot program. Such report
shall be based on at least six months of experience in operating the
pilot program.
[[Page 110 STAT. 393]]
(6) The Secretary may exercise an option provided for under
paragraph (2) only after a period of 60 days has elapsed after the
submission of the report.
(7) No lease of commercial utility cargo vehicles may be entered
into under the pilot program after September 30, 2000.
SEC. 808. <<NOTE: 10 USC 2501 note.>> COST REIMBURSEMENT RULES
FOR INDIRECT COSTS ATTRIBUTABLE TO PRIVATE
SECTOR WORK OF DEFENSE CONTRACTORS.
(a) Defense Capability Preservation Agreement.--The Secretary of
Defense may enter into an agreement, to be known as a ``defense
capability preservation agreement'', with a defense contractor under
which the cost reimbursement rules described in subsection (b) shall be
applied. Such an agreement may be entered into in any case in which the
Secretary determines that the application of such cost reimbursement
rules would facilitate the achievement of the policy objectives set
forth in section 2501(b) of title 10, United States Code.
(b) Cost Reimbursement Rules.--(1) The cost reimbursement rules
applicable under an agreement entered into under subsection (a) are as
follows:
(A) The Department of Defense shall, in determining the
reimbursement due a contractor for its indirect costs of
performing a defense contract, allow the contractor to allocate
indirect costs to its private sector work only to the extent of
the contractor's allocable indirect private sector costs,
subject to subparagraph (C).
(B) For purposes of subparagraph (A), the allocable indirect
private sector costs of a contractor are those costs of the
contractor that are equal to the sum of--
(i) the incremental indirect costs attributable to
such work; and
(ii) the amount by which the revenue attributable to
such private sector work exceeds the sum of--
(I) the direct costs attributable to such
private sector work; and
(II) the incremental indirect costs
attributable to such private sector work.
(C) The total amount of allocable indirect private sector
costs for a contract in any year of the agreement may not exceed
the amount of indirect costs that a contractor would have
allocated to its private sector work during that year in
accordance with the contractor's established accounting
practices.
(2) The cost reimbursement rules set forth in paragraph (1) may be
modified by the Secretary of Defense if the Secretary of Defense
determines that modifications are appropriate to the particular
situation to facilitate achievement of the policy set forth in section
2501(b) of title 10, United States Code.
(c) Implementation.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall establish
application procedures and procedures for expeditious consideration of
defense capability preservation agreements as authorized by this
section.
(d) Contracts Covered.--An agreement entered into with a contractor
under subsection (a) shall apply to each Department of Defense contract
with the contractor in effect on the date on
[[Page 110 STAT. 394]]
which the agreement is entered into and each Department of Defense
contract that is awarded to the contractor during the term of the
agreement.
(e) Reports.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth--
(1) the number of applications received and the number of
applications approved for defense capability preservation
agreements; and
(2) any changes to the authority in this section that the
Secretary recommends to further facilitate the policy set forth
in section 2501(b) of title 10, United States Code.
SEC. 809. 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 before 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. 810. PROMPT RESOLUTION OF AUDIT RECOMMENDATIONS.
Section 6009 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 108 Stat. 3367) <<NOTE: 5 USC app. 5 note.>> 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) Completion of Final Action.--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. 811. 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) <<NOTE: Establishment.>> 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
[[Page 110 STAT. 395]]
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. 812. PROCUREMENT OF ITEMS FOR EXPERIMENTAL OR TEST PURPOSES.
Section 2373(b) of title 10, United States Code, is amended by
inserting ``only'' after ``applies'' in the second sentence.
SEC. 813. 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. 814. 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''.
[[Page 110 STAT. 396]]
SEC. 815. CONSTRUCTION, REPAIR, ALTERATION, FURNISHING, AND EQUIPPING OF
NAVAL VESSELS.
(a) Applicability of Certain Law.--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.''.
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. <<NOTE: 10 USC 2302 note.>> DEFENSE FACILITY-WIDE PILOT
PROGRAM.
(a) Authority To Conduct Defense Facility-Wide Pilot Program.--The
Secretary of Defense may conduct a pilot program, to be known as the
``defense facility-wide pilot program'', for the purpose of determining
the potential for increasing the efficiency and effectiveness of the
acquisition process in facilities by using commercial practices on a
facility-wide basis.
(b) Designation of Participating Facilities.--(1) Subject to
paragraph (2), the Secretary may designate up to two facilities as
participants in the defense facility-wide pilot program.
(2) The Secretary may designate for participation in the pilot
program only those facilities that are authorized to be so designated in
a law authorizing appropriations for national defense programs that is
enacted after the date of the enactment of this Act.
(c) Scope of Program.--At a facility designated as a participant in
the pilot program, the pilot program shall consist of the following:
(1) All contracts and subcontracts for defense supplies and
services that are performed at the facility.
(2) All Department of Defense contracts and all subcontracts
under Department of Defense contracts performed
[[Page 110 STAT. 397]]
elsewhere that the Secretary determines are directly and
substantially related to the production of defense supplies and
services at the facility and are necessary for the pilot
program.
(d) Criteria for Designation of Participating Facilities.--The
Secretary shall establish criteria for selecting a facility for
designation as a participant in the pilot program. In developing such
criteria, the Secretary shall consider the following:
(1) The number of existing and anticipated contracts and
subcontracts performed at the facility--
(A) for which contractors are required to provide
certified cost or pricing data pursuant to section 2306a
of title 10, United States Code; and
(B) which are administered with the application of
cost accounting standards under section 26(f) of the
Office of Federal Procurement Policy Act (41 U.S.C.
422(f)).
(2) The relationship of the facility to other organizations
and facilities performing under contracts with the Department of
Defense and subcontracts under such contracts.
(3) The impact that the participation of the facility under
the pilot program would have on competing domestic
manufacturers.
(4) Such other factors as the Secretary considers
appropriate.
(e) Notification.--(1) The Secretary shall transmit to the Committee
on Armed Services of the Senate and the Committee on National Security
of the House of Representatives a written notification of each facility
proposed to be designated by the Secretary for participation in the
pilot program.
(2) The Secretary shall include in the notification regarding a
facility designated for participation in the program a management plan
addressing the following:
(A) The proposed treatment of research and development
contracts or subcontracts to be performed at the facility during
the pilot program.
(B) The proposed treatment of the cost impact of the use of
commercial practices on the award and administration of
contracts and subcontracts performed at the facility.
(C) The proposed method for reimbursing the contractor for
existing and new contracts.
(D) The proposed method for measuring the performance of the
facility for meeting the management goals of the
Secretary.
(E) Estimates of the annual amount and the total amount of
the contracts and subcontracts covered under the pilot
program.
(3)(A) The Secretary shall ensure that the management plan for a
facility provides for attainment of the following objectives:
(i) A significant reduction of the cost to the Government
for programs carried out at the facility.
(ii) A reduction of the schedule associated with programs
carried out at the facility.
(iii) An increased use of commercial practices and
procedures for programs carried out at the facility.
(iv) Protection of a domestic manufacturer competing for
contracts at such facility from being placed at a significant
competitive disadvantage by the participation of the facility in
the pilot program.
[[Page 110 STAT. 398]]
(B) The management plan for a facility shall also require that all
or substantially all of the contracts to be awarded and performed at the
facility after the designation of that facility under subsection (b),
and all or substantially all of the subcontracts to be awarded under
those contracts and performed at the facility after the designation,
be--
(i) for the production of supplies or services on a firm-
fixed price basis;
(ii) awarded without requiring the contractors or
subcontractors to provide certified cost or pricing data
pursuant to section 2306a of title 10, United States Code; and
(iii) awarded and administered without the application of
cost accounting standards under section 26(f) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(f)).
(f) Exemption From Certain Requirements.--In the case of a contract
or subcontract that is to be performed at a facility designated for
participation in the defense facility-wide pilot program and that is
subject to section 2306a of title 10, United States Code, or section
26(f) of the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)), the Secretary of Defense may exempt such contract or
subcontract from the requirement to obtain certified cost or pricing
data under such section 2306a or the requirement to apply mandatory cost
accounting standards under such section 26(f) if the Secretary
determines that the contract or subcontract--
(1) is within the scope of the pilot program (as described
in subsection (c)); and
(2) is fairly and reasonably priced based on information
other than certified cost and pricing data.
(g) Special Authority.--The authority provided under subsection (a)
includes authority for the Secretary of Defense--
(1) to apply any amendment or repeal of a provision of law
made in this Act to the pilot program before the effective date
of such amendment or repeal; and
(2) to apply to a procurement of items other than commercial
items under such program--
(A) the authority provided in section 34 of the
Office of Federal Procurement Policy Act (41 U.S.C. 430)
to waive a provision of law in the case of commercial
items, and
(B) any exception applicable under this Act or the
Federal Acquisition Streamlining Act of 1994 (Public Law
103-355) (or an amendment made by a provision of either
Act) in the case of commercial items,
before the effective date of such provision (or amendment) to
the extent that the Secretary determines necessary to test the
application of such waiver or exception to procurements of items
other than commercial items.
(h) Applicability.--(1) Subsections (f) and (g) apply to the
following contracts, if such contracts are within the scope of the pilot
program at a facility designated for the pilot program under subsection
(b):
(A) A contract that is awarded or modified during the period
described in paragraph (2).
(B) A contract that is awarded before the beginning of such
period, that is to be performed (or may be performed), in whole
or in part, during such period, and that
may be modified as appropriate at no cost to the Government.
[[Page 110 STAT. 399]]
(2) The period referred to in paragraph (1), with respect to a
facility designated under subsection (b), is the period that--
(A) begins 45 days after the date of the enactment of the
Act authorizing the designation of that facility in accordance
with paragraph (2) of such subsection; and
(B) ends on September 30, 2000.
(i) Commercial Practices Encouraged.--With respect to contracts and
subcontracts within the scope of the defense facility-wide pilot
program, the Secretary of Defense may, to the extent the Secretary
determines appropriate and in accordance with applicable law, adopt
commercial practices in the administration of contracts and
subcontracts. Such commercial practices may include the following:
(1) Substitution of commercial oversight and inspection
procedures for Government audit and access to records.
(2) Incorporation of commercial oversight, inspection, and
acceptance procedures.
(3) Use of alternative dispute resolution techniques
(including arbitration).
(4) Elimination of contract provisions authorizing the
Government to make unilateral changes to contracts.
SEC. 823. <<NOTE: Reports.>> TREATMENT OF DEPARTMENT OF DEFENSE
CABLE TELEVISION FRANCHISE AGREEMENTS.
Not later than 180 days after the date of the enactment of this Act,
the chief judge of the United States Court of Federal Claims shall
transmit to Congress a report containing an advisory opinion on the
following two questions:
(1) Is it within the power of the executive branch to treat
cable television franchise agreements for the construction,
installation, or capital improvement of cable television systems
at military installations of the Department of Defense as
contracts under part 49 of the Federal Acquisition Regulation
without violating title VI of the Communications Act of 1934 (47
U.S.C. 521 et seq.)?
(2) If the answer to the question in paragraph (1) is in the
affirmative, is the executive branch required by law to so treat
such franchise agreements?
SEC. 824. <<NOTE: 10 USC 2302 note.>> EXTENSION OF PILOT MENTOR-PROTEGE
PROGRAM.
Section 831(j)(1) of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2301 note) is amended by striking out
``1995'' and inserting in lieu thereof ``1996''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
SEC. 901. <<NOTE: 10 USC 131 note.>> ORGANIZATION OF THE OFFICE
OF THE SECRETARY OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The statutory provisions that as of the date of the
enactment of this Act govern the organization of the Office of
the Secretary of Defense have evolved from enactment of
[[Page 110 STAT. 400]]
a number of executive branch legislative proposals and
congressional initiatives over a period of years.
(2) The May 1995 report of the congressionally mandated
Commission on Roles and Missions of the Armed Forces included a
number of recommendations relating to the Office of the
Secretary of Defense.
(3) The Secretary of Defense has decided to create a special
Department task force and to conduct other reviews to review
many of the Commission's recommendations.
(4) The Secretary of Defense has decided to institute a 5
percent per year reduction of civilian personnel assigned to the
Office of the Secretary of Defense, including the Washington
Headquarters Service and the Defense Support Activities, for the
period from fiscal year 1996 through fiscal year 2001.
(5) Over the ten-year period from 1986 through 1995, defense
spending in real dollars has been reduced by 34 percent and
military end-strengths have been reduced by 28 percent. During
the same period, the number of civilian employees of the Office
of the Secretary of Defense has increased by 22 percent.
(6) To achieve greater efficiency and to revalidate the role
and mission of the Office of the Secretary of Defense, a
comprehensive review of the organizations and functions of that
Office and of the personnel needed to carry out those functions
is required.
(b) Review.--The Secretary of Defense shall conduct a further review
of the organizations and functions of the Office of the Secretary of
Defense, including the Washington Headquarters Service and the Defense
Support Activities, and the personnel needed to carry out those
functions. The review shall include the following:
(1) An assessment of the appropriate functions of the Office
and whether the Office of the Secretary of Defense or some of
its component parts should be organized along mission lines.
(2) An assessment of the adequacy of the present
organizational structure to efficiently and effectively support
the Secretary in carrying out his responsibilities in a manner
that ensures civilian authority in the Department of Defense.
(3) An assessment of the advantages and disadvantages of the
use of political appointees to fill the positions of the various
Under Secretaries of Defense, Assistant Secretaries of Defense,
and Deputy Under Secretaries of Defense.
(4) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense and
the Joint Staff.
(5) An assessment of the extent of unnecessary duplication
of functions between the Office of the Secretary of Defense and
the military departments.
(6) An assessment of the appropriate number of positions
referred to in paragraph (3) and of Deputy Assistant Secretaries
of Defense.
(7) An assessment of whether some or any of the functions
currently performed by the Office of Humanitarian and Refugee
Affairs are more properly or effectively performed by another
agency of Government or elsewhere within the Department of
Defense.
[[Page 110 STAT. 401]]
(8) An assessment of the efficacy of the Joint Requirements
Oversight Council and whether it is advisable or necessary to
establish a statutory charter for this organization.
(9) An assessment of any benefits or efficiencies derived
from decentralizing certain functions currently performed by the
Office of the Secretary of Defense.
(10) An assessment of the appropriate size, number, and
functional responsibilities of the Defense Agencies and other
Department of Defense support organizations.
(c) Report.--Not later than March 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees a report containing
--
(1) his findings and conclusions resulting from the review
under subsection (b); and
(2) a plan for implementing resulting recommendations,
including proposals for legislation (with supporting rationale)
that would be required as a result of the review.
(d) <<NOTE: Effective date.>> Personnel Reduction.--(1) Effective
October 1, 1999, the number of OSD personnel may not exceed 75 percent
of the number of OSD personnel as of October 1, 1994.
(2) For purposes of this subsection, the term ``OSD personnel''
means military and civilian personnel of the Department of Defense who
are assigned to, or employed in, functions in the Office of the
Secretary of Defense (including Direct Support Activities of that Office
and the Washington Headquarters Services of the Department of Defense).
(3) In carrying out reductions in the number of personnel assigned
to, or employed in, the Office of the Department of Defense in order to
comply with paragraph (1), the Secretary may not reassign functions
solely in order to evade the requirement contained in that paragraph.
(4) If the Secretary of Defense determines, and certifies to
Congress, that the limitation in paragraph (1) would adversely affect
United States national security, the limitation under paragraph (1)
shall be applied by substituting ``80 percent'' for ``75 percent''.
SEC. 902. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF DEFENSE
POSITIONS.
(a) Reduction.--Section 138(a) of title 10, United States Code, is
amended by striking out ``eleven'' and inserting in lieu thereof
``ten''.
(b) Conforming Amendment.--Section 5315 of title 5, United States
Code, is amended by striking out ``(11)'' after ``Assistant Secretaries
of Defense'' and inserting in lieu thereof ``(10)''.
SEC. 903. DEFERRED REPEAL OF VARIOUS STATUTORY POSITIONS AND
OFFICES IN OFFICE OF THE SECRETARY OF
DEFENSE.
(a) <<NOTE: 10 USC 131 note.>> Effective Date.--The amendments made
by this section shall take effect on January 31, 1997.
(b) Termination of Specification by Law of ASD Positions.--
Subsection (b) of section 138 of title 10, United States Code, is
amended to read as follows:
``(b) The Assistant Secretaries shall perform such duties and
exercise such powers as the Secretary of Defense may prescribe.''.
(c) Repeal of Certain OSD Presidential Appointment Positions.--The
following sections of chapter 4 of such title are repealed:
[[Page 110 STAT. 402]]
(1) Section 133a, relating to the Deputy Under Secretary of
Defense for Acquisition and Technology.
(2) Section 134a, relating to the Deputy Under Secretary of
Defense for Policy.
(3) Section 137, relating to the Director of Defense
Research and Engineering.
(4) Section 142, relating to the Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological Defense
Programs.
(d) Director of Military Relocation Assistance Programs.--Section
1056 of such title is amended by striking out subsection (d).
(e) Conforming Amendments Relating to Repeal of Various OSD
Positions.--Chapter 4 of such title is further amended--
(1) in section 131(b)--
(A) by striking out paragraphs (6) and (8); and
(B) by redesignating paragraphs (7), (9), (10), and
(11), as paragraphs (6), (7), (8), and (9),
respectively;
(2) in section 138(d), by striking out ``the Under
Secretaries of Defense, and the Director of Defense Research and
Engineering'' and inserting in lieu thereof ``and the Under
Secretaries of Defense''; and
(3) in the table of sections at the beginning of the
chapter, by striking out the items relating to sections 133a,
134a, 137, and 142.
(f) Conforming Amendments Relating to Repeal of Specification of ASD
Positions.--
(1) Section 176(a)(3) of title 10, United States Code, is
amended--
(A) by striking out ``Assistant Secretary of Defense
for Health Affairs'' and inserting in lieu thereof
``official in the Department of Defense with principal
responsibility for health affairs''; and
(B) by striking out ``Chief Medical Director of the
Department of Veterans Affairs'' and inserting in lieu
thereof ``Under Secretary for Health of the Department
of Veterans Affairs''.
(2) Section 1216(d) of such title is amended by striking out
``Assistant Secretary of Defense for Health Affairs'' and
inserting in lieu thereof ``official in the Department of
Defense with principal responsibility for health affairs''.
(3) Section 1587(d) of such title is amended by striking out
``Assistant Secretary of Defense for Manpower and Logistics''
and inserting in lieu thereof ``official in the Department of
Defense with principal responsibility for personnel and
readiness''.
(4) The text of section 10201 of such title is amended to
read as follows:
``The official in the Department of Defense with responsibility for
overall supervision of reserve component affairs of the Department of
Defense is the official designated by the Secretary of Defense to have
that responsibility.''.
(5) Section 1211(b)(2) of the National Defense Authorization
Act for Fiscal Years 1988 and 1989 (P.L. 100-180; 101 Stat 1155;
10 U.S.C. 167 note) is amended by striking out ``the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict'' and inserting in lieu thereof ``the official
[[Page 110 STAT. 403]]
designated by the Secretary of Defense to have principal
responsibility for matters relating to special operations and
low intensity conflict''.
(g) Repeal of Minimum Number of Senior Staff for Specified Assistant
Secretary of Defense.--Section 355 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1540) is
repealed.
SEC. 904. 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 item relating to such section in the table of sections at
the beginning of chapter 4 of such title is amended to read as follows:
``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.''.
SEC. 905. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) In General.--(1) Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 181. Joint Requirements Oversight Council
``(a) Establishment.--The Secretary of Defense shall establish a
Joint Requirements Oversight Council in the Department of Defense.
[[Page 110 STAT. 404]]
``(b) Mission.--In addition to other matters assigned to it by the
President or Secretary of Defense, the Joint Requirements Oversight
Council shall--
``(1) assist the Chairman of the Joint Chiefs of Staff in
identifying and assessing the priority of joint military
requirements (including existing systems and equipment) to meet
the national military strategy;
``(2) assist the Chairman in considering alternatives to any
acquisition program that has been identified to meet military
requirements by evaluating the cost, schedule, and performance
criteria of the program and of the identified alternatives; and
``(3) as part of its mission to assist the Chairman in
assigning joint priority among existing and future programs
meeting valid requirements, ensure that the assignment of such
priorities conforms to and reflects resource levels projected by
the Secretary of Defense through defense planning guidance.
``(c) Composition.--(1) The Joint Requirements Oversight Council is
composed of--
``(A) the Chairman of the Joint Chiefs of Staff, who is the
chairman of the Council;
``(B) an Army officer in the grade of general;
``(C) a Navy officer in the grade of admiral;
``(D) an Air Force officer in the grade of general; and
``(E) a Marine Corps officer in the grade of general.
``(2) Members of the Council, other than the Chairman of the Joint
Chiefs of Staff, shall be selected by the Chairman of the Joint Chiefs
of Staff, after consultation with the Secretary of Defense, from
officers in the grade of general or admiral, as the case may be, who are
recommended for such selection by the Secretary of the military
department concerned.
``(3) The functions of the Chairman of the Joint Chiefs of Staff as
chairman of the Council may only be delegated to the Vice Chairman of
the Joint Chiefs of Staff.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``181. Joint Requirements Oversight Council.''.
(b) <<NOTE: 10 USC 181 note.>> Effective Date.--The amendments made
by this section shall take effect on January 31, 1997.
SEC. 906. RESTRUCTURING OF DEPARTMENT OF DEFENSE ACQUISITION
ORGANIZATION AND WORKFORCE.
(a) Restructuring Report.--Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report on the
acquisition organization and workforce of the Department of Defense. The
report shall include--
(1) the plan described in subsection (b); and
(2) the assessment of streamlining and restructuring options
described in subsection (c).
(b) Plan for Restructuring.--(1) The Secretary shall include in the
report under subsection (a) a plan on how to restructure the current
acquisition organization of the Department of Defense in a manner that
would enable the Secretary to accomplish the following:
(A) Reduce the number of military and civilian personnel
assigned to, or employed in, acquisition organizations of the
Department of Defense (as defined by the Secretary) by 25
[[Page 110 STAT. 405]]
percent over a period of five years, beginning on October 1,
1995.
(B) Eliminate duplication of functions among existing
acquisition organizations of the Department of Defense.
(C) Maximize opportunity for consolidation among acquisition
organizations of the Department of Defense to reduce management
overhead.
(2) In the report, the Secretary shall also identify any statutory
requirement or congressional directive that inhibits any proposed
restructuring plan or reduction in the size of the defense acquisition
organization.
(3) In designing the plan under paragraph (1), the Secretary shall
give full consideration to the process efficiencies expected to be
achieved through the implementation of the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355), the Federal Acquisition
Reform Act of 1995 (division D of this Act), and other ongoing
initiatives to increase the use of commercial practices and reduce
contract overhead in the defense procurement system.
(c) Assessment of Specified Restructuring Options.--The Secretary
shall include in the report under subsection (a) a detailed assessment
of each of the following options for streamlining and restructuring the
existing defense acquisition organization, together with a specific
recommendation as to whether each such option should be implemented:
(1) Consolidation of certain functions of the Defense
Contract Audit Agency and the Defense Contract Management
Command.
(2) Contracting for performance of a significant portion of
the workload of the Defense Contract Audit Agency and other
Defense Agencies that perform acquisition functions.
(3) Consolidation or selected elimination of Department of
Defense acquisition organizations.
(4) Any other defense acquisition infrastructure
streamlining or restructuring option the Secretary may
determine.
(d) Reduction of Acquisition Workforce.--(1) The Secretary of
Defense shall accomplish reductions in defense acquisition personnel
positions during fiscal year 1996 so that the total number of such
personnel as of October 1, 1996, is less than the total number of such
personnel as of October 1, 1995, by at least 15,000.
(2) For purposes of this subsection, the term ``defense acquisition
personnel'' means military and civilian personnel assigned to, or
employed in, acquisition organizations of the Department of Defense (as
specified in Department of Defense Instruction numbered 5000.58 dated
January 14, 1992) with the exception of personnel who possess technical
competence in trade-skill maintenance and repair positions involved in
performing depot maintenance functions.
SEC. 907. REPORT ON NUCLEAR POSTURE REVIEW AND ON PLANS FOR
NUCLEAR WEAPONS MANAGEMENT IN EVENT OF
ABOLITION OF DEPARTMENT OF ENERGY.
(a) Report Required.--The Secretary of Defense shall submit to
Congress a report concerning the nuclear weapons complex. The report
shall set forth--
(1) the Secretary's views on the effectiveness of the
Department of Energy in managing the nuclear weapons complex,
including the fulfillment of the requirements for nuclear weap
[[Page 110 STAT. 406]]
ons established for the Department of Energy in the Nuclear
Posture Review; and
(2) the Secretary's recommended plan for the incorporation
into the Department of Defense of the national security programs
of the Department of Energy if the Department of Energy should
be abolished and those programs be transferred to the Department
of Defense.
(b) Definition.--For purposes of this section, the term ``Nuclear
Posture Review'' means the Department of Defense Nuclear Posture Review
as contained in the report entitled ``Report of the Secretary of Defense
to the President and the Congress'', dated February 19, 1995, or in
subsequent such reports.
(c) Submission Of Report.--The report under subsection (a) shall be
submitted not later than March 15, 1996.
SEC. 908. <<NOTE: 10 USC 111 note.>> REDESIGNATION OF ADVANCED
RESEARCH PROJECTS AGENCY.
(a) Redesignation.--The agency in the Department of Defense known as
the Advanced Research Projects Agency shall after the date of the
enactment of this Act be designated as the Defense Advanced Research
Projects Agency.
(b) References.--Any reference in any law, regulation, document,
record, or other paper of the United States or in any provision of this
Act to the Advanced Research Projects Agency shall be considered to be a
reference to the Defense Advanced Research Projects Agency.
Subtitle B--Financial Management
SEC. 911. 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.--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'.''.
(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 the transfer is made.''.
[[Page 110 STAT. 407]]
(c) Conditions of Availability for Transferred Funds.--Section 2779
of such title, as amended by subsection (b), is further amended by
adding at the end the following:
``(e) Conditions of Availability for Transferred Funds.--Amounts
transferred under subsection (c) or (d) shall be merged with and be
available for the same purposes and for the same period as the
appropriations to which transferred.''.
(d) Repeal of Superseded Provisions.--(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) <<NOTE: 10 USC 114 note.>> is repealed.
(e) Technical Amendments.--Section 2779 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) Transfers Back to Foreign
Currency Fluctuations Appropriation.--(1)'';
(2) in subsection (a)(2), by striking out ``2d fiscal year''
and inserting in lieu thereof ``second fiscal year''; and
(3) in subsection (b), by striking out ``(b)(1)'' and
inserting in lieu thereof ``(b) Funding for Losses in Military
Construction and Family Housing.--(1)''.
(f) <<NOTE: 10 USC 2779 note.>> Effective Date.--Subsections (c) and
(d) of section 2779 of title 10, United States Code, as added by
subsections (a) and (b), and the repeals made by subsection (d), shall
apply only with respect to amounts appropriated for a fiscal year after
fiscal year 1995.
SEC. 912. DEFENSE MODERNIZATION ACCOUNT.
(a) Establishment and Use.--(1) Chapter 131 of title 10, United
States Code, is amended by inserting after section 2215 the following
new section:
``Sec. 2216. Defense Modernization Account
``(a) Establishment.--There is established in the Treasury an
account to be known as the `Defense Modernization Account'.
``(b) Transfers to Account.--(1)(A) Upon a determination by the
Secretary of a military department or the Secretary of Defense with
respect to Defense-wide appropriations accounts of the availability and
source of funds described in subparagraph (B), that Secretary may
transfer to the Defense Modernization Account during any fiscal year any
amount of funds available to the Secretary described in that
subparagraph. Such funds may be transferred to that account only after
the Secretary concerned notifies the congressional defense committees in
writing of the amount and source of the proposed transfer.
``(B) This subsection applies to the following funds available to
the Secretary concerned:
``(i) Unexpired funds in appropriations accounts that are
available for procurement and that, as a result of economies,
efficiencies, and other savings achieved in carrying out a
particular procurement, are excess to the requirements of that
procurement.
``(ii) Unexpired funds that are available during the final
30 days of a fiscal year for support of installations and
facilities and that, as a result of economies, efficiencies, and
other sav
[[Page 110 STAT. 408]]
ings, are excess to the requirements for support of
installations and facilities.
``(C) <<NOTE: Regulations.>> Any transfer under subparagraph (A)
shall be made under regulations prescribed by the Secretary of Defense.
``(2) Funds referred to in paragraph (1) may not be transferred to
the Defense Modernization Account 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 may not be extended by
transfer into the Defense Modernization Account.
``(c) Scope of Use of Funds.--Funds transferred to the Defense
Modernization Account from funds appropriated for 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 transfer
to funds available for that military department, Defense Agency, or
other element.
``(d) Authorized Use of Funds.--Funds available from the Defense
Modernization Account pursuant to subsection (f) or (g) may be used 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
for procurement necessary for modernization of an existing
system or of a system being procured under an ongoing
procurement program.
``(e) Limitations.--(1) Funds in the Defense Modernization Account
may not be used to increase the quantity of an item or services procured
under a particular procurement program to the extent that doing so
would--
``(A) result in procurement of a total quantity of items or
services in excess of--
``(i) a specific limitation provided by 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 by law on the amount
that may be obligated or expended, respectively, for that
procurement program.
``(2) Funds in 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--
[[Page 110 STAT. 409]]
``(A) making an expenditure for which there is no
corresponding obligation; or
``(B) making an expenditure that would satisfy an
unliquidated or unrecorded obligation arising in a prior fiscal
year.
``(f) Transfer of Funds.--(1) The Secretary of Defense may transfer
funds in the Defense Modernization Account to appropriations available
for purposes set forth in subsection (d).
``(2) <<NOTE: Notification.>> Funds in the Defense Modernization
Account may not be transferred under paragraph (1) until 30 days after
the date on which the Secretary concerned notifies the congressional
defense committees in writing of the amount and purpose of the proposed
transfer.
``(3) The total amount of transfers from the Defense Modernization
Account during any fiscal year under this subsection may not exceed
$500,000,000.
``(g) Availability of Funds by Appropriation.--In addition to
transfers under subsection (f), funds in the Defense Modernization
Account may be made available for purposes set forth in subsection (d)
in accordance with the provisions of appropriations Acts, but only to
the extent authorized in an Act other than an appropriations Act.
``(h) Secretary To Act Through Comptroller.--The Secretary of
Defense shall carry out this section 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 Reports.--(1) Not later than 15 days after the end
of each calendar quarter, the Secretary of Defense shall submit to the
congressional committees specified in paragraph (2) a report on the
Defense Modernization Account. Each such report shall set forth the
following:
``(A) The amount and source of each credit to the account
during that quarter.
``(B) The amount and purpose of each transfer from the
account during that quarter.
``(C) The balance in the account at the end of the quarter
and, of such balance, the amount attributable to transfers to
the account from each Secretary concerned.
``(2) The committees referred to in paragraph (1) are the
congressional defense committees and the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform and
Oversight of the House of Representatives.
``(j) Definitions.--In this section:
``(1) The term `Secretary concerned' includes the Secretary
of Defense with respect to Defense-wide appropriations accounts.
``(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 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.''.
[[Page 110 STAT. 410]]
(2) The table of sections at the beginning of chapter 131 of such
title is amended by inserting after the item relating to section 2215
the following new item:
``2216. Defense Modernization Account.''.
(b) <<NOTE: 10 USC 2216 note.>> Effective Date.--Section 2216 of
title 10, United States Code (as added by subsection (a)), shall apply
only to funds appropriated for fiscal years after fiscal year 1995.
(c) <<NOTE: 10 USC 2216 note.>> Expiration of Authority and
Account.--(1) The authority under section 2216(b) of title 10, United
States Code (as added by subsection (a)), to transfer funds into the
Defense Modernization Account terminates at the close of September 30,
2003.
(2) Three years after the termination date specified in paragraph
(1), the Defense Modernization Account shall be closed and any remaining
balance in the account shall be canceled and thereafter shall not be
available for any purpose.
(d) <<NOTE: Reports. 10 USC 2216 note.>> GAO Reviews.--(1) 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.
(2) Not later than March 1, 2000, the Comptroller General shall--
(A) complete the first review; and
(B) submit to the specified committees of Congress an
initial report on the administration and benefits of the Defense
Modernization Account.
(3) Not later than March 1, 2003, the Comptroller General shall--
(A) complete the second review; and
(B) submit to the specified committees of Congress a final
report on the administration and benefits of the Defense
Modernization Account.
(4) Each such report shall include any recommended legislation
regarding the account that the Comptroller General considers
appropriate.
(5) For purposes of this subsection, the term ``specified committees
of Congress'' means the congressional committees referred to in section
2216(i)(2) of title 10, United States Code, as added by subsection (a).
SEC. 913. DESIGNATION AND LIABILITY OF 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) in paragraph (1), by striking out ``With the
approval of a 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,
[[Page 110 STAT. 411]]
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 so redesignated, the
following:
``(A) in the case of a physical loss or deficiency--'';
(E) in clause (iii), as so redesignated, 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
Secretary of the appropriate military department, after taking a
diligent collection action, finds that the criteria of section
3528(b)(1) of this title are satisfied.''.
[[Page 110 STAT. 412]]
(5) Section 3528 of title 31, United States Code, is amended by
striking out subsection (d).
SEC. 914. FISHER HOUSE TRUST FUNDS.
(a) Establishment.--(1) Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
``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 the 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 the 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 section
1321(b)(2) of title 31.
``(d) Fisher House Defined.--In this section, the term `Fisher
house' means a housing facility that--
``(1) is located in proximity to a medical treatment
facility of the Army or the Air Force; and
``(2) is 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 new item:
``2221. Fisher House trust funds.''.
(b) <<NOTE: 10 USC 2221 note.>> 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
[[Page 110 STAT. 413]]
enactment of this Act, are available for operation and maintenance of
Fisher houses (as defined in subsection (d) of such section 2221).
(c) Conforming Amendments.--Section 1321 of title 31, United States
Code, is amended--
(1) by adding at the end of subsection (a) the following:
``(92) Fisher House Trust Fund, Department of the Army.
``(93) Fisher House Trust Fund, Department of the Air
Force.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)'';
(B) in the second sentence, by striking out
``Amounts accruing to these funds (except to the trust
fund `Armed Forces Retirement Home Trust Fund')'' and
inserting in lieu thereof ``Except as provided in
paragraph (2), amounts accruing to these funds'';
(C) by striking out the third sentence; and
(D) by adding at the end the following:
``(2) Expenditures from the following trust funds may 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. 915. 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) <<NOTE: Notification.>> 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
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 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. <<NOTE: Notification.>> If the Secretary makes a
determination with respect
[[Page 110 STAT. 414]]
to an obligation or expenditure under the preceding sentence, the
Secretary shall immediately notify the committees referred to in
paragraph (1) that such obligation or expenditure is necessary and
provide any relevant information (in classified form, if necessary)
jointly to the chairman and ranking minority member (or their designees)
of such committees.
``(3) A notification under paragraph (1) and information referred to
in paragraph (2) shall include the amount to be obligated or expended,
as the case may be, and the purpose of the obligation or expenditure.''.
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. <<NOTE: 10 USC 114 note.>> INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the committee on conference to accompany the bill H.R. 1530 of the One
Hundred Fourth Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions,
[[Page 110 STAT. 415]]
and requirements as are set out for that program, project, or activity
in the Classified Annex.
(d) <<NOTE: President.>> Distribution of Classified Annex.--The
President shall provide for appropriate distribution of the Classified
Annex, or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. IMPROVED FUNDING MECHANISMS FOR UNBUDGETED OPERATIONS.
(a) Revision of Funding Mechanism.--(1) Section 127a of title 10,
United States Code, is amended to read as follows:
``Sec. 127a. Operations for which funds are not provided in
advance: funding mechanisms
``(a) In General.--(1) The Secretary of Defense shall use the
procedures prescribed by this section with respect to any operation
specified in paragraph (2) that involves--
``(A) the deployment (other than for a training exercise) of
elements of the Armed Forces for a purpose other than a purpose
for which funds have been specifically provided in advance; or
``(B) the provision of humanitarian assistance, disaster
relief, or support for law enforcement (including immigration
control) for which funds have not been specifically provided in
advance.
``(2) This section applies to--
``(A) any operation the incremental cost of which is
expected to exceed $50,000,000; and
``(B) any other operation the expected incremental cost of
which, when added to the expected incremental costs of other
operations that are currently ongoing, is expected to result in
a cumulative incremental cost of ongoing operations of the
Department of Defense in excess of $100,000,000.
Any operation the incremental cost of which is expected not to exceed
$10,000,000 shall be disregarded for the purposes of subparagraph (B).
``(3) <<NOTE: Notification.>> Whenever an operation to which this
section applies is commenced or subsequently becomes covered by this
section, the Secretary of Defense shall designate and identify that
operation for the purposes of this section and shall promptly notify
Congress of that designation (and of the identification of the
operation).
``(4) This section does not provide authority for the President or
the Secretary of Defense to carry out any operation, but establishes
mechanisms for the Department of Defense by which funds are provided for
operations that the armed forces are required to carry out under some
other authority.
``(b) Waiver of Requirement To Reimburse Support Units.--(1) The
Secretary of Defense shall direct that, when a unit of the Armed Forces
participating in an operation described in subsection (a) receives
services from an element of the Department of Defense that operates
through the Defense Business Operations Fund (or a successor fund), such
unit of the Armed Forces may not be required to reimburse that element
for the incremental costs incurred by that element in providing such
services, notwithstanding any other provision of law or any Government
accounting practice.
[[Page 110 STAT. 416]]
``(2) <<NOTE: Records.>> The amounts which but for paragraph (1)
would be required to be reimbursed to an element of the Department of
Defense (or a fund) shall be recorded as an expense attributable to the
operation and shall be accounted for separately.
``(c) Transfer Authority.--(1) Whenever there is an operation of the
Department of Defense described in subsection (a), the Secretary of
Defense may transfer amounts described
in paragraph (3) to accounts from which incremental expenses for that
operation were incurred in order to reimburse those accounts for those
incremental expenses. Amounts so transferred shall be merged with and be
available for the same purposes as the accounts to which transferred.
``(2) The total amount that the Secretary of Defense may transfer
under the authority of this section in any fiscal year is $200,000,000.
``(3) Transfers under this subsection may only be made from amounts
appropriated to the Department of Defense for any fiscal year that
remain available for obligation, other than amounts within any operation
and maintenance appropriation that are available for (A) an account
(known as a budget activity 1 account) that is specified as being for
operating forces, or (B) an account (known as a budget activity 2
account) that is specified as being for mobilization.
``(4) The authority provided by this subsection is in addition to
any other authority provided by law authorizing the transfer of amounts
available to the Department of Defense. However, the Secretary may not
use any such authority under another provision of law for a purpose
described in paragraph (1) if there is authority available under this
subsection for that purpose.
``(5) The authority provided by this subsection to transfer amounts
may not be used to provide authority for an activity that has been
denied authorization by Congress.
``(6) 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.
``(d) Report Upon Designation of an Operation.--Within 45 days after
the Secretary of Defense identifies an operation pursuant to subsection
(a)(2), the Secretary of Defense shall submit to Congress a report that
sets forth the following:
``(1) The manner by which the Secretary proposes to obtain
funds for the cost to the United States of the operation,
including a specific discussion of how the Secretary proposes to
restore balances in--
``(A) the Defense Business Operations Fund (or a
successor fund), or
``(B) the accounts from which the Secretary
transfers funds under the authority of subsection (c),
to the levels that would have been anticipated but for
the provisions of subsection (c).
``(2) If the operation is described in subsection (a)(1)(B),
a justification why the budgetary resources of another
department or agency of the Federal Government, instead of
resources of the Department of Defense, are not being used for
carrying out the operation.
``(3) The objectives of the operation.
[[Page 110 STAT. 417]]
``(4) The estimated duration of the operation and of any
deployment of armed forces personnel in such operation.
``(5) The estimated incremental cost of the operation to the
United States.
``(6) The exit criteria for the operation and for the
withdrawal of the elements of the armed forces involved in the
operation.
``(e) Limitations.--(1) The Secretary may not restore balances in
the Defense Business Operations Fund through increases in rates charged
by that fund in order to compensate for costs incurred and not
reimbursed due to subsection (b).
``(2) The Secretary may not restore balances in the Defense Business
Operations Fund or any other fund or account through the use of
unobligated amounts in an operation and maintenance appropriation that
are available within that appropriation for (A) an account (known as a
budget activity 1 account) that is specified as being for operating
forces, or (B) an account (known as a budget activity 2 account) that is
specified as being for mobilization.
``(f) Submission of Requests for Supplemental Appropriations.--It is
the sense of Congress that whenever there is an operation described in
subsection (a), the President should, not later than 90 days after the
date on which notification is provided pursuant to subsection (a)(3),
submit to Congress a request for the enactment of supplemental
appropriations for the then-current fiscal year in order to provide
funds to replenish the Defense Business Operations Fund or any other
fund or account of the Department of Defense from which funds for the
incremental expenses of that operation were derived under this section
and should, as necessary, submit subsequent requests for the enactment
of such appropriations.
``(g) Incremental Costs.--For purposes of this section, incremental
costs of the Department of Defense with respect to an operation are the
costs of the Department that are directly attributable to the operation
(and would not have been incurred but for the operation). Incremental
costs do not include the cost of property or services acquired by the
Department that are paid for by a source outside the Department or out
of funds contributed by such a source.
``(h) Relationship to War Powers Resolution.--This section may not
be construed as altering or superseding the War Powers Resolution. This
section does not provide authority to conduct any military operation.
``(i) GAO Compliance Reviews.--The Comptroller General of the United
States shall from time to time, and when requested by a committee of
Congress, conduct a review of the defense funding structure under this
section to determine whether the Department of Defense is complying with
the requirements and limitations of this section.''.
(2) The item relating to section 127a in the table of sections at
the beginning of chapter 3 of such title is amended to read as follows:
``127a. Operations for which funds are not provided in advance: funding
mechanisms.''.
(b) <<NOTE: 10 USC 127a note.>> Effective Date.--The amendment to
section 127a of title 10, United States Code, made by subsection (a)
shall take effect on the date of the enactment of this Act and shall
apply to any
[[Page 110 STAT. 418]]
operation of the Department of Defense that is in effect on or after
that date, whether such operation is begun before, on, or after such
date of enactment. In the case of an operation begun before such date,
any reference in such section to the commencement of such operation
shall be treated as referring to the effective date under the preceding
sentence.
SEC. 1004. OPERATION PROVIDE COMFORT.
(a) Authorization of Amounts Available.--Within the total amounts
authorized to be appropriated in titles III and IV, there is hereby
authorized to be appropriated for fiscal year 1996 for costs associated
with Operation Provide Comfort--
(1) $136,300,000 for operation and maintenance costs; and
(2) $7,000,000 for incremental military personnel costs.
(b) Report.--Not more than $70,000,000 of the amount appropriated
under subsection (a) may be obligated until the Secretary of Defense
submits to the congressional defense committees a report on Operation
Provide Comfort which includes the following:
(1) A detailed presentation of the projected costs to be
incurred by the Department of Defense for Operation Provide
Comfort during fiscal year 1996, together with a discussion of
missions and functions expected to be performed by the
Department as part of that operation during that fiscal year.
(2) A detailed presentation of the projected costs to be
incurred by other departments and agencies of the Federal
Government participating in or providing support to Operation
Provide Comfort during fiscal year 1996.
(3) A discussion of available options to reduce the
involvement of the Department of Defense in those aspects of
Operation Provide Comfort that are not directly related to the
military mission of the Department of Defense.
(4) A plan establishing an exit strategy for United States
involvement in, and support for, Operation Provide Comfort.
(c) Operation Provide Comfort.--For purposes of this section, the
term ``Operation Provide Comfort'' means the operation of the Department
of Defense that as of October 30, 1995, is designated as Operation
Provide Comfort.
SEC. 1005. OPERATION ENHANCED SOUTHERN WATCH.
(a) Authorization of Amounts Available.--Within the total amounts
authorized to be appropriated in titles III and IV, there is hereby
authorized to be appropriated for fiscal year 1996 for costs associated
with Operation Enhanced Southern Watch--
(1) $433,400,000 for operation and maintenance costs; and
(2) $70,400,000 for incremental military personnel costs.
(b) Report.--(1) Of the amounts specified in subsection (a), not
more than $250,000,000 may be obligated until the Secretary of Defense
submits to the congressional defense committees a report designating
Operation Enhanced Southern Watch, or significant elements thereof, as a
forward presence operation for which funding should be budgeted as part
of the annual defense budget process in the same manner as other
activities of the Armed Forces involving forward presence or forward
deployed forces.
(2) The report shall set forth the following:
(A) The expected duration and annual costs of the various
elements of Operation Enhanced Southern Watch.
(B) Those elements of Operation Enhanced Southern Watch that
are semi-permanent in nature and should be budgeted
[[Page 110 STAT. 419]]
in the future as part of the annual defense budget process in
the same manner as other activities of the Armed Forces
involving forward presence or forward deployed forces.
(C) The political and military objectives associated with
Operation Enhanced Southern Watch.
(D) The contributions (both in-kind and actual) by other
nations to the costs of conducting Operation Enhanced Southern
Watch.
(c) Operation Enhanced Southern Watch.--For purposes of this
section, the term ``Operation Enhanced Southern Watch'' means the
operation of the Department of Defense that as of October 30, 1995, is
designated as Operation Enhanced Southern Watch.
SEC. 1006. AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL
YEAR 1995 DEFENSE APPROPRIATIONS.
(a) Authority.--The amounts described in subsection (b) may be
obligated and expended for programs, projects, and activities of the
Department of Defense in accordance with fiscal year 1995 defense
appropriations.
(b) Covered Amounts.--The amounts referred to in subsection (a) are
the amounts provided for programs, projects, and activities of the
Department of Defense in fiscal year 1995 defense appropriations that
are in excess of the amounts provided for such programs, projects, and
activities in fiscal year 1995 defense authorizations.
(c) Definitions.--For the purposes of this section:
(1) Fiscal year 1995 defense appropriations.--The term
``fiscal year 1995 defense appropriations'' means amounts
appropriated or otherwise made available to the Department of
Defense for fiscal year 1995 in the Department of Defense
Appropriations Act, 1995 (Public Law 103-335).
(2) Fiscal year 1995 defense authorizations.--The term
``fiscal year 1995 defense authorizations'' means amounts
authorized to be appropriated for the Department of Defense for
fiscal year 1995 in the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337).
SEC. 1007. 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; 109 Stat.
73).
(b) New Authorization.--The appropriation provided in section 104 of
such Act (109 Stat. 79) is hereby authorized.
SEC. 1008. AUTHORIZATION REDUCTIONS TO REFLECT SAVINGS FROM
REVISED ECONOMIC ASSUMPTIONS.
(a) Reduction.--The total amount authorized to be appropriated in
titles I, II, and III of this Act is hereby reduced by $832,000,000 to
reflect savings from revised economic assumptions.
[[Page 110 STAT. 420]]
Such reduction shall be made from accounts in those titles as follows:
Operation and Maintenance, Army, $54,000,000.
Operation and Maintenance, Navy, $80,000,000.
Operation and Maintenance, Marine Corps, $9,000,000.
Operation and Maintenance, Air Force, $51,000,000.
Operation and Maintenance, Defense-Wide, $36,000,000.
Operation and Maintenance, Army Reserve, $4,000,000.
Operation and Maintenance, Navy Reserve, $4,000,000.
Operation and Maintenance, Marine Corps Reserve, $1,000,000.
Operation and Maintenance, Air Force Reserve, $3,000,000.
Operation and Maintenance, Army National Guard, $7,000,000.
Operation and Maintenance, Air National Guard, $7,000,000.
Drug Interdiction and Counter-Drug Activities, Defense,
$5,000,000.
Environmental Restoration, Defense, $11,000,000.
Overseas Humanitarian, Disaster, and Civic Aid, $1,000,000.
Former Soviet Union Threat Reduction, $2,000,000.
Defense Health Program, $51,000,000.
Aircraft Procurement, Army, $9,000,000.
Missile Procurement, Army, $5,000,000.
Procurement of Weapons and Tracked Combat Vehicles, Army,
$10,000,000.
Procurement of Ammunition, Army, $6,000,000.
Other Procurement, Army, $17,000,000.
Aircraft Procurement, Navy, $29,000,000.
Weapons Procurement, Navy, $13,000,000.
Shipbuilding and Conversion, Navy, $42,000,000.
Other Procurement, Navy, $18,000,000.
Procurement, Marine Corps, $4,000,000.
Aircraft Procurement, Air Force, $50,000,000.
Missile Procurement, Air Force, $29,000,000.
Other Procurement, Air Force, $45,000,000.
Procurement, Defense-Wide, $16,000,000.
Chemical Agents and Munitions Destruction, Defense,
$5,000,000.
Research, Development, Test and Evaluation, Army,
$20,000,000.
Research, Development, Test and Evaluation, Navy,
$50,000,000.
Research, Development, Test and Evaluation, Air Force,
$79,000,000.
Research, Development, Test and Evaluation, Defense-Wide,
$57,000,000.
Research, Development, Test and Evaluation, Defense,
$2,000,000.
(b) Reductions To Be Applied Proportionally.--Reductions under this
section shall be applied proportionally to each budget activity,
activity group, and subactivity group and to each program, project, and
activity within each account.
[[Page 110 STAT. 421]]
Subtitle B--Naval Vessels and Shipyards
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) 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.
(c) Selection of Ships.--The Secretary shall select for listing on
the Naval Vessel Register under subsection (a) Iowa class battleships
that are in good material condition and can provide adequate fire
support for an amphibious assault.
(d) Replacement Fire-Support Capability.--
(1) <<NOTE: Certification. Termination date.>> If the Secretary of the
Navy makes a certification described in paragraph (2), the requirements
of subsections (a) and (b) shall terminate, effective 60 days after the
date of the submission of such
certification.
(2) A certification referred to in paragraph (1) is a certification
submitted by the Secretary of the Navy 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) Transfers by Grant.--The Secretary of the Navy is authorized to
transfer on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) frigates of the Oliver Hazard Perry class
to other countries as follows:
(1) To the Government of Bahrain, the guided missile frigate
Jack Williams (FFG 24).
(2) To the Government of Egypt, the frigate Copeland (FFG
25).
(3) To the Government of Turkey, the frigates Clifton
Sprague (FFG 16) and Antrim (FFG 20).
(b) Transfers by Lease or Sale.--The Secretary of the Navy is
authorized to transfer on a lease basis under section 61 of the Arms
Export Control Act (22 U.S.C. 2796) or on a sale basis under section 21
of the Arms Export Control Act (22 U.S.C. 2761) frigates of the Oliver
Hazard Perry class to other countries as follows:
(1) To the Government of Egypt, the frigate Duncan (FFG 10).
(2) To the Government of Oman, the guided missile frigate
Mahlon S. Tisdale (FFG 27).
(3) To the Government of Turkey, the frigate Flatley (FFG
21).
(4) To the Government of the United Arab Emirates, the
guided missile frigate Gallery (FFG 26).
[[Page 110 STAT. 422]]
(c) Financing for Transfers by Lease.--Section 23 of the Arms Export
Control Act (22 U.S.C. 2763) may be used to provide financing for any
transfer by lease under subsection (b) in the same manner as if such
transfer were a procurement by the recipient nation of a defense
article.
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by subsection (a) or (b) shall
be charged to the recipient.
(e) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) and under subsection (b) shall expire at the end of
the two-year period beginning on the date of the enactment of this Act,
except that a lease entered into during that period under any provision
of subsection (b) may be renewed.
(f) Repair and Refurbishment in United States Shipyards.--The
Secretary of the Navy shall require, as a condition of the transfer of a
vessel under this section, that the country to which the vessel is
transferred have such repair or refurbishment of the vessel as is
needed, before the vessel joins the naval forces of that country,
performed at a shipyard located in the United States, including a United
States Navy shipyard.
(g) Prohibition on Certain Transfers of Vessels on Grant Basis.--(1)
Section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) is
amended by adding at the end the following new subsection:
``(g) Prohibition on Certain Transfers of Vessels on Grant Basis.--
(1) The President may not transfer on a grant basis under this section a
vessel that is in excess of 3,000 tons or that is less than 20 years of
age.
``(2) If the President determines that it is in the national
security interests of the United States to transfer a particular vessel
on a grant basis under this section, the President may request that
Congress enact legislation exempting the transfer from the prohibition
in paragraph (1).''.
(2) <<NOTE: Applicability. 22 USC 2321j note.>> The amendment made
by paragraph (1) shall apply with respect to the transfer of a vessel on
or after the date of the enactment of this Act (other than a vessel the
transfer of which is authorized by subsection (a) or by law before the
date of the enactment of this Act).
SEC. 1013. CONTRACT OPTIONS FOR LMSR VESSELS.
(a) Findings.--Congress makes the following findings:
(1) A requirement for the Department of the Navy to acquire
19 large, medium-speed, roll-on/roll-off (LMSR) vessels was
established by the Secretary of Defense in the Mobility
Requirements Study conducted after the Persian Gulf War pursuant
to section 909 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1623) and was
revalidated by the Secretary of Defense in the report entitled
``Mobility Requirements Study Bottom-Up Review Update'',
submitted to Congress in April 1995.
(2) The Strategic Sealift Program is a vital element of the
national military strategy calling for the Nation to be able to
fight and win two nearly simultaneous major regional
contingencies.
(3) The Secretary of the Navy has entered into contracts
with shipyards covering acquisition of a total of 17 such LMSR
vessels, of which five are vessel conversions and 12 are new
[[Page 110 STAT. 423]]
construction vessels. Under those contracts, the Secretary has
placed orders for the acquisition of 11 vessels and has options
for the acquisition of six more, all of which would be new
construction vessels. The options allow the Secretary to place
orders for one vessel to be constructed at each of two shipyards
for award before December 31, 1995, December 31, 1996, and
December 31, 1997, respectively.
(4) Acquisition of an additional two such LMSR vessels, for
a total of 19 vessels (the requirement described in paragraph
(1)) would contribute to preservation of the industrial base of
United States shipyards capable of building auxiliary and
sealift vessels.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should plan for, and budget to provide for, the
acquisition as soon as possible of a total of 19 large, medium-speed,
roll-on/roll-off (LMSR) vessels (the number determined to be required in
the Mobility Requirements Study referred to in subsection (a)(1)),
rather than only 17 such vessels (the number of vessels under contract
as of May 1995).
(c) Additional New Construction Contract Option.--The Secretary of
the Navy should negotiate with each of the two shipyards holding new
construction contracts referred to in subsection (a)(3) (Department of
the Navy contracts numbered N00024-93-C-2203 and N00024-93-C-2205) for
an option under each such contract for construction of one additional
such LMSR vessel, with such option to be available to the Secretary for
exercise during 1995, 1996, or 1997, subject to the availability of
funds authorized and appropriated for such purpose. Nothing in this
subsection shall be construed to preclude the Secretary of the Navy from
competing the award of the two options between the two shipyards holding
new construction contracts referred to in subsection (a)(3).
(d) Report.--The Secretary of the Navy shall submit to the
congressional defense committees, by March 31, 1996, a report stating
the intentions of the Secretary regarding the acquisition of options for
the construction of two additional LMSR vessels as described in
subsection (c).
SEC. 1014. NATIONAL DEFENSE RESERVE FLEET.
(a) Availability of National Defense Sealift Fund.--Section 2218 of
title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by striking out ``only for--'' in the matter
preceding subparagraph (A) and inserting in lieu thereof
``only for the following purposes:'';
(B) by capitalizing the first letter of the first
word of subparagraphs (A), (B), (C), and (D);
(C) by striking out the semicolon at the end of
subparagraphs (A) and (B) and inserting in lieu thereof
a period;
(D) by striking out ``; and'' at the end of
subparagraph (C) and inserting in lieu thereof a period;
and
(E) by adding at the end the following new
subparagraph:
``(E) Expenses for maintaining the National Defense Reserve
Fleet under section 11 of the Merchant Ship Sales Act of 1946
(50 U.S.C. App. 1744), and for the costs of acquisition of
vessels for, and alteration and conversion of vessels
[[Page 110 STAT. 424]]
in (or to be placed in), the fleet, but only for vessels built
in United States shipyards.''; and
(2) in subsection (i), by inserting ``(other than subsection
(c)(1)(E))'' after ``Nothing in this section''.
(b) Clarification of Exemption of NDRF Vessels From Retrofit
Requirement.--Section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744) is amended by adding at the end the following new
subsection:
``(e) Vessels in the National Defense Reserve Fleet are exempt from
the provisions of section 3703a of title 46, United States Code.''.
(c) Authority To Use National Defense Sealift Fund To Convert Two
Vessels.--Of the amount authorized to be appropriated in section 302 for
fiscal year 1996 for the National Defense Sealift Fund under section
2218 of title 10, United States Code, not more than $20,000,000 shall be
available for conversion work on the following two roll-on/roll-off
vessels, which were acquired by the Maritime Administration during
fiscal year 1995:
(1) M/V Cape Knox (ON-1036323).
(2) M/V Cape Kennedy (ON-1036324).
SEC. 1015. 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. <<NOTE: Contracts.>> Authority to provide for necessary
salvage facilities
``(a) Authority.--The Secretary of the Navy may provide, by contract
or otherwise, 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 contract for salvage facilities that affects the interests of
the Department of Transportation.
``(c) Limitation.--The Secretary of the Navy may enter into a term
contract under subsection (a) only if the Secretary determines that
available commercial salvage facilities are inadequate to meet the
requirements of national defense.
``(d) Public Notice.--The Secretary may not enter into a contract
under subsection (a) until the Secretary has provided 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
for operation by private salvage companies such vessels and equipment as
the Secretary considers necessary.
``(b) Agreement on Use.--Before any salvage vessel or salvage gear
is transferred by the Secretary to a private party, the private party
must agree in writing with the Secretary that the vessel or gear will be
used to support organized offshore salvage facilities for a period of as
many years as the Secretary considers appropriate.
[[Page 110 STAT. 425]]
``(c) Reference to Authority To Advance Funds for Immediate Salvage
Operations.--For authority for the Secretary of the Navy to advance to
private salvage companies such funds as the Secretary considers
necessary to provide for the immediate financing of salvage operations,
see section 2307(g)(2) of this title.
``Sec. 7363. Settlement of claims
``The Secretary of the Navy may settle any claim by the United
States for salvage services rendered by the Department of the Navy and
may receive payment of any such claim.
``Sec. 7364. Disposition of receipts
``Amounts received under this chapter shall be credited to
appropriations for maintaining naval salvage facilities. However, any
amount received under this chapter in any fiscal year in excess of naval
salvage costs incurred by the Navy during that fiscal year shall be
deposited into the general fund of the Treasury.''.
SEC. 1016. VESSELS SUBJECT TO REPAIR UNDER PHASED MAINTENANCE
CONTRACTS.
(a) In General.--The Secretary of the Navy shall ensure that any
vessel that is covered by the contract referred to in subsection (b)
remains covered by that contract, regardless of the operating command to
which the vessel is subsequently assigned, unless the vessel is taken
out of service for the Department of the Navy.
(b) Covered Contract.--The contract referred to in subsection (a) is
the contract entered into before the date of the enactment of this Act
for the phased maintenance of AE class ships.
SEC. 1017. CLARIFICATION OF REQUIREMENTS RELATING TO REPAIRS OF
VESSELS.
Section 7310(a) of title 10, United States Code, is amended by
inserting ``or Guam'' after ``the United States'' the second place it
appears.
SEC. 1018. SENSE OF CONGRESS CONCERNING NAMING OF AMPHIBIOUS
SHIPS.
It is the sense of Congress that the Secretary of the Navy--
(1) should name the vessel to be designated LHD-7 as the
U.S.S. Iwo Jima; and
(2) should name the vessel to be designated LPD-17, and each
subsequent ship of the LPD-17 class, after a Marine Corps battle
or a member of the Marine Corps.
SEC. 1019. <<NOTE: Joseph Vittori.>> SENSE OF CONGRESS CONCERNING
NAMING OF NAVAL
VESSEL.
It is the sense of Congress that the Secretary of the Navy should
name an appropriate ship of the United States Navy the U.S.S. Joseph
Vittori, in honor of Marine Corporal Joseph Vittori (1929-1951) of
Beverly, Massachusetts, who was posthumously awarded the Medal of Honor
for actions against the enemy in Korea on September 15-16, 1951.
SEC. 1020. TRANSFER OF RIVERINE PATROL CRAFT.
(a) Authority To Transfer Vessel.--Notwithstanding subsections (a)
and (d) of section 7306 of title 10, United States Code, but subject to
subsections (b) and (c) of that section, the Secretary of the Navy may
transfer a vessel described in subsection (b)
[[Page 110 STAT. 426]]
to Tidewater Community College, Portsmouth, Virginia, for scientific and
educational purposes.
(b) Vessel.--The authority under subsection (a) applies in the case
of a riverine patrol craft of the U.S.S. Swift class.
(c) Limitation.--The transfer authorized by subsection (a) may be
made only if the Secretary determines that the vessel to be transferred
is of no further use to the United States for national security
purposes.
(d) Terms and Conditions.--The Secretary may require such terms and
conditions in connection with the transfer authorized by this section as
the Secretary considers appropriate.
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 Authorized.--Subsection (a) of section 112 of
title 32, United States Code, is amended to read as follows:
``(a) Funding Assistance.--The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a State
drug interdiction and counter-drug activities plan satisfying the
requirements of subsection (c). Such funds shall be used for--
``(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
``(3) the procurement of services and leasing of equipment
for the National Guard of that State used for the purpose of
drug interdiction and counter-drug activities.''.
(b) Reorganization of Section.--Such section is further amended--
(1) by redesignating subsection (f) as subsection (h);
(2) by redesignating subsection (d) as subsection (g) and
transferring that subsection to appear before subsection (h), as
redesignated by paragraph (1); and
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively.
(c) State Drug Interdiction and Counter-drug Activities Plan.--
Subsection (c) of such section, as redesignated by subsection (b)(3), is
amended--
(1) in the matter preceding paragraph (1), by striking out
``A plan referred to in subsection (a)'' 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'';
[[Page 110 STAT. 427]]
(B) by striking out the period at the end and
inserting in lieu thereof a semicolon; and
(C) <<NOTE: Certification.>> by adding at the end
the following new paragraphs:
``(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)(3), is amended--
(1) in paragraph (1)--
(A) by striking out ``subsection (b)'' and inserting
in lieu thereof ``subsection (c)''; and
(B) by inserting after ``Before funds are provided
to the Governor of a State under this section'' the
following: ``and before members of the National Guard of
that State are ordered to full-time National Guard duty
as authorized in subsection (b)''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking out
``subsection (b)'' 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) Use of Personnel Performing Full-Time National Guard Duty.--Such
section is further amended by inserting after subsection (a) the
following new subsection (b):
``(b) <<NOTE: Regulations.>> Use of Personnel Performing Full-Time
National Guard Duty.--Under regulations prescribed by the Secretary of
Defense, personnel of the National Guard of a State may, in accordance
with the State drug interdiction and counter-drug activities plan
referred to in subsection (c), 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.''.
(f) End Strength Limitation.--Such section is further
amended by inserting after subsection (e) the following new subsection
(f):
``(f) 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 allow
[[Page 110 STAT. 428]]
ances 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.''.
(g) Definitions.--Subsection (h) of such section, as redesignated by
subsection (b)(1), 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.''.
(h) Technical Amendments.--Subsection (e) of such section is
amended--
(1) in paragraph (1), by striking out ``sections 517 and
524'' and inserting in lieu thereof ``sections 12011 and
12012''; and
(2) in paragraph (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''.
Subtitle D--Civilian Personnel
SEC. 1031. MANAGEMENT OF DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(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 positions, or maximum number of
employees''; and
(B) by adding at the end the following new sentence:
``The Secretary of Defense and the Secretaries of the
military departments may not be required to make a
reduction in the number of full-time equivalent
positions in the Department of Defense unless such
reduction is necessary due to a reduction in funds
available to the Department or is required under a law
that is enacted after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996
and that refers specifically to this subsection.'';
(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
positions, or maximum number of employees''; and
(3) by adding at the end the following new subsection:
``(d) With respect to each budget activity within an appropriation
for a fiscal year for operations and maintenance, the Secretary of
Defense shall ensure that there are employed during that fiscal year
employees in the number and with the combination of skills and
qualifications that are necessary to carry out the functions
[[Page 110 STAT. 429]]
within that budget activity for which funds are provided for that fiscal
year.''.
SEC. 1032. <<NOTE: 10 USC 129a note.>> CONVERSION OF MILITARY
POSITIONS TO CIVILIAN POSITIONS.
(a) Conversion Requirement.--(1) <<NOTE: Effective date.>> By
September 30, 1997, the Secretary of Defense shall convert at least
10,000 military positions to civilian positions.
(2) At least 3,000 of the military positions converted to satisfy
the requirement of paragraph (1) shall be converted to civilian
positions not later than September 30, 1996.
(3) In this subsection:
(A) The term ``military position'' means a position that, as
of the date of the enactment of this Act, is authorized to be
filled by a member of the Armed Forces on active duty.
(B) The term ``civilian position'' means a position that is
required to be filled by a civilian employee of the Department
of Defense.
(b) Implementation Plan.--Not later than March 31, 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 plan for the implementation of subsection (a).
SEC. 1033. ELIMINATION OF 120-DAY LIMITATION ON DETAILS OF CERTAIN
EMPLOYEES.
(a) Elimination of Limitation.--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) The 120-day limitation in paragraph (1) for details and
renewals of details does not apply to the Department of Defense in the
case of a detail--
``(A) made in connection with the closure or realignment of
a military installation pursuant to a base closure law or an
organizational restructuring of the Department as part of a
reduction in the size of the armed forces or the civilian
workforce of the Department; and
``(B) in which the position to which the employee is
detailed is eliminated on or before the date of the closure,
realignment, or restructuring.
``(c) For purposes of this section--
``(1) the term `base closure law' means--
``(A) section 2687 of title 10;
``(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note); and
``(C) the Defense Base Closure and Realignment Act
of 1990 (10 U.S.C. 2687 note); and
``(2) the term `military installation'--
``(A) 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;
``(B) in the case of an installation covered by the
Act referred to in subparagraph (B) of paragraph (1),
has the meaning given such term in section 209(6) of
such Act; and
[[Page 110 STAT. 430]]
``(C) in the case of an installation covered by the
Act referred to in subparagraph (C) of that paragraph,
has the meaning given such term in section 2910(4) of
such Act.''.
(b) <<NOTE: 5 USC 3341 note.>> Applicability.--The amendments made
by subsection (a) apply to details made before the date of the enactment
of this Act but still in effect on that date and details made on or
after that date.
SEC. 1034. AUTHORITY FOR 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 in
a similar position 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) An employee with critical knowledge and skills (as defined by
the Secretary concerned) may not participate in a voluntary release
under paragraph (1) if the Secretary concerned determines that such
participation would impair the performance of the mission of the
Department of Defense or the military department concerned.
``(4) <<NOTE: Regulations.>> The regulations prescribed under this
section shall incorporate the authority provided in this subsection.
``(5) <<NOTE: Termination date.>> The authority under paragraph (1)
may not be exercised after September 30, 1996.''.
SEC. 1035. 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 repay 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.
[[Page 110 STAT. 431]]
``(B) The period of service represented by an amount of severance
pay repaid 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 repaid 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) If an employee fails to repay to an agency an amount required
to be repaid under paragraph (2)(A), that amount is recoverable from the
employee as a debt due the United States.
``(4) <<NOTE: Applicability.>> This subsection applies with respect
to severance pay 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. 1036. CONTINUED HEALTH INSURANCE COVERAGE.
Section 8905a(d)(4) of title 5, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or a voluntary
separation from a surplus position,'' after ``an involuntary
separation from a position''; and
(2) by adding at the end the following new subparagraph:
``(C) For the purpose of this paragraph, `surplus position' means a
position which is identified in pre-reduction-in-force planning as no
longer required, and which is expected to be eliminated under formal
reduction-in-force procedures.''.
SEC. 1037. 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 for which placement consideration shall be
provided to 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.''.
[[Page 110 STAT. 432]]
(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. 1038. 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) <<NOTE: Regulations. President.>> 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. 1039. MILITARY LEAVE FOR MILITARY RESERVE TECHNICIANS FOR
CERTAIN DUTY OVERSEAS.
Section 6323 of title 5, United States Code, is amended by adding at
the end the following new subsection:
``(d)(1) A military reserve technician described in section 8401(30)
is entitled at such person's request to leave without loss
[[Page 110 STAT. 433]]
of, or reduction in, pay, leave to which such person is otherwise
entitled, credit for time or service, or performance or efficiency
rating for each day, not to exceed 44 workdays in a calendar year, in
which such person is on active duty without pay, as authorized pursuant
to section 12315 of title 10, under section 12301(b) or 12301(d) of
title 10 (other than active duty during a war or national emergency
declared by the President or Congress) for participation in noncombat
operations outside the United States, its territories and possessions.
``(2) An employee who requests annual leave or compensatory time to
which the employee is otherwise entitled, for a period during which the
employee would have been entitled upon request to leave under this
subsection, may be granted such annual leave or compensatory time
without regard to this section or section 5519.''.
SEC. 1040. PERSONNEL ACTIONS INVOLVING EMPLOYEES OF
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Clarification of Definition of Nonappropriated Fund
Instrumentality Employee.--Subsection (a)(1) of section 1587 of title
10, United States Code, is amended by adding at the end the following
new sentence: ``Such term includes a civilian employee of a support
organization within the Department of Defense or a military department,
such as the Defense Finance and Accounting Service, who is paid from
nonappropriated funds on account of the nature of the employee's
duties.''.
(b) Direct Reporting of Violations.--Subsection (e) of such section
is amended in the second sentence by inserting before the period the
following: ``and to permit the reporting of alleged violations of
subsection (b) directly to the Inspector General of the Department of
Defense''.
(c) Technical Amendment.--Subsection (a)(1) of such section is
further amended by striking out ``Navy Resale and Services Support
Office'' and inserting in lieu thereof ``Navy Exchange Service
Command''.
(d) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 1587. Employees of nonappropriated fund instrumentalities:
reprisals''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 81 of such title is amended to read as follows:
``1587. Employees of nonappropriated fund instrumentalities:
reprisals.''.
SEC. 1041. 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;''.
[[Page 110 STAT. 434]]
SEC. 1042. <<NOTE: 10 USC 1587 note.>> LIMITATION ON PROVISION OF
OVERSEAS LIVING QUARTERS ALLOWANCES FOR
NONAPPROPRIATED FUND INSTRUMENTALITY
EMPLOYEES.
(a) Conforming Allowance to Allowances for Other Civilian
Employees.--Subject to subsection (b), an overseas living quarters
allowance paid from nonappropriated funds and provided to a
nonappropriated fund instrumentality employee after the date of the
enactment of this Act may not exceed the amount of a quarters allowance
provided under subchapter III of chapter 59 of title 5 to a similarly
situated civilian employee of the Department of Defense paid from
appropriated funds.
(b) Application to Certain Current Employees.--In the case of a
nonappropriated fund instrumentality employee who, as of the date of the
enactment of this Act, receives an overseas living quarters allowance
under any other authority, subsection (a) shall apply to such employee
only after the earlier of--
(1) September 30, 1997; or
(2) the date on which the employee otherwise ceases to be
eligible for such an allowance under such other authority.
(c) Nonappropriated Fund Instrumentality Employee Defined.--For
purposes of this section, the term ``nonappropriated fund
instrumentality employee'' has the meaning given such term in section
1587(a)(1) of title 10, United States Code.
SEC. 1043. ELECTIONS RELATING TO RETIREMENT COVERAGE.
(a) In General.--
(1) Civil service retirement system.--Section 8347(q) of
title 5, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``of the Department of Defense
or the Coast Guard'' in the matter before
subparagraph (A); and
(ii) by striking ``3 days'' and inserting ``1
year''; and
(B) in paragraph (2)(C)--
(i) by striking ``3 days'' and inserting ``1
year''; and
(ii) by striking ``in the Department of
Defense or the Coast Guard, respectively,''.
(2) Federal employees' retirement system.--Section 8461(n)
of title 5, United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``of the Department of Defense
or the Coast Guard'' in the matter before
subparagraph (A); and
(ii) by striking ``3 days'' and inserting ``1
year''; and
(B) in paragraph (2)(C)--
(i) by striking ``3 days'' and inserting ``1
year''; and
(ii) by striking ``in the Department of
Defense or the Coast Guard, respectively,''.
(b) <<NOTE: Notification. 5 USC 8347 note.>> Regulations.--Not later
than 6 months after the date of the enactment of this Act, the Office of
Personnel Management (and each of the other administrative authorities,
within the meaning of subsection (c)(2)(C)(iii)) shall prescribe any
regulations (or make any modifications in existing regulations)
necessary to carry
[[Page 110 STAT. 435]]
out this section and the amendments made by this section, including
regulations to provide for the notification of individuals who may be
affected by the enactment of this section. <<NOTE: Effective date.>> All
regulations (and modifications to regulations) under the preceding
sentence shall take effect on the same date.
(c) <<NOTE: 5 USC 8347 note.>> Applicability; Related Provisions.--
(1) Prospective rules.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply with
respect to moves occurring on or after the effective date of the
regulations under subsection (b). Moves occurring on or after
the date of the enactment of this Act and before the effective
date of such regulations shall be subject to applicable
provisions of title 5, United States Code, disregarding the
amendments made by this section, except that any individual
making an election pursuant to this sentence shall be ineligible
to make an election otherwise allowable under paragraph (2).
(2) Retroactive rules.--
(A) In general.--The regulations under subsection
(b) shall include provisions for the application of
sections 8347(q) and 8461(n) of title 5, United States
Code, as amended by this section, with respect to any
individual who, at any time after December 31, 1965, and
before the effective date of such regulations, moved
between positions in circumstances that would have
qualified such individual to make an election under the
provisions of such section 8347(q) or 8461(n), as so
amended, if such provisions had then been in effect.
(B) Deadline; related provisions.--An election
pursuant to this paragraph--
(i) shall be made within 1 year after the
effective date of the regulations under subsection
(b), and
(ii) shall have the same force and effect as
if it had been timely made at the time of the
move,
except that no such election may be made by any
individual--
(I) who has previously made, or had an
opportunity to make, an election under section
8347(q) or 8461(n) of title 5, United States Code
(as in effect before being amended by this
section); however, this subclause shall not be
considered to render an individual ineligible,
based on an opportunity arising out of a move
occurring during the period described in the
second sentence of paragraph (1), if no election
has in fact been made by such individual based on
such move;
(II) who has not, since the move on which
eligibility for the election is based, remained
continuously subject (disregarding any break in
service of less than 3 days) to CSRS or FERS or
both seriatim (if the move was from a NAFI
position) or any retirement system (or 2 or more
such systems seriatim) established for employees
described in section 2105(c) of such title (if the
move was to a NAFI position); or
(III) if such election would be based on a
move to the Civil Service Retirement System from a
retirement system established for employees
described in section 2105(c) of such title.
[[Page 110 STAT. 436]]
(C) Transfers of contributions.--
(i) In general.--If an individual makes an
election under this paragraph to be transferred
back to a retirement system in which such
individual previously participated (in this
section referred to as the ``previous system''),
all individual contributions (including interest)
and Government contributions to the retirement
system in which such individual is then currently
participating (in this section referred to as the
``current system''), excluding those made to the
Thrift Savings Plan or any other defined
contribution plan, which are attributable to
periods of service performed since the move on
which the election is based, shall be paid
to the fund, account, or other repository for contributions made under
the previous system. For purposes of this section, the term ``current
system'' shall be considered also to include any retirement system
(besides the one in which the individual is participating at the time of
making the election) in which such individual previously participated
since the move on which the election is based.
(ii) Condition subsequent relating to
repayment of lump-sum credit.--In the case of an
individual who has received such individual's
lump-sum credit (within the meaning of section
8401(19) of title 5, United States Code, or a
similar payment) from such individual's previous
system, the payment described in clause (i) shall
not be made (and the election to which it relates
shall be ineffective) unless such lump-sum credit
is redeposited or otherwise paid at such time and
in such manner as shall be required under
applicable regulations. Regulations to carry out
this clause shall include provisions for the
computation of interest (consistent with section
8334(e) (2) and (3) of title 5, United States
Code), if no provisions for such computation
otherwise exist.
(iii) Condition subsequent relating to
deficiency in payments relative to amounts needed
to ensure that benefits are fully funded.--
(I) In general.--Except as provided
in subclause (II), the payment described
in clause (i) shall not be made (and the
election to which it relates shall be
ineffective) if the actuarial present
value of the future benefits that would
be payable under the previous system
with respect to service performed by
such individual after the move on which
the election under this paragraph is
based and before the effective date of
the election, exceeds the total amounts
required to be transferred to the
previous system under the preceding
provisions of this subparagraph with
respect to such service, as determined
by the authority administering such
previous system (in this section
referred to as the ``administrative
authority'').
(II) Payment of deficiency.--A
determination of a deficiency under this
clause shall not
[[Page 110 STAT. 437]]
render an election ineffective if the
individual pays or arranges to pay, at a
time and in a manner satisfactory to
such administrative authority, the full
amount of the deficiency described in
subclause (I).
(D) Alternative election for an individual then
participating in fers.--
(i) Applicability.--This subparagraph applies
with respect to any individual who--
(I) is then currently participating
in FERS; and
(II) would then otherwise be
eligible to make an election under
subparagraphs (A) through (C) of this
paragraph, determined disregarding the
matter in subclause (I) of subparagraph
(B) before the first semicolon therein.
(ii) Election.--An individual described in
clause (i) may, instead of making an election for
which such individual is otherwise eligible under
this paragraph, elect to have all prior qualifying
NAFI service of such individual treated as
creditable service for purposes of any annuity
under FERS payable out of the Civil Service
Retirement and Disability Fund.
(iii) Qualifying nafi service.--For purposes
of this subparagraph, the term ``qualifying NAFI
service'' means any service which, but for this
subparagraph, would be creditable for purposes of
any retirement system established for employees
described in section 2105(c) of title 5, United
States Code.
(iv) Service ceases to be creditable for nafi
retirement system purposes.--Any qualifying NAFI
service that becomes creditable for FERS purposes
by virtue of an election made under this
subparagraph shall not be creditable for purposes
of any retirement system referred to in clause
(iii).
(v) Conditions.--An election under this
subparagraph shall be subject to requirements,
similar to those set forth in subparagraph (C), to
ensure that--
(I) appropriate transfers of
individual and Government contributions
are made to the Civil Service Retirement
and Disability Fund; and
(II) the actuarial present value of
future benefits under FERS attributable
to service made creditable by such
election is fully funded.
(E) Alternative election for an individual then
participating in a nafi retirement system.--
(i) Applicability.--This subparagraph applies
with respect to any individual who--
(I) is then currently participating
in any retirement system established for
employees described in section 2105(c)
of title 5, United States Code (in this
subparagraph referred to as a ``NAFI
retirement system''); and
(II) would then otherwise be
eligible to make an election under
subparagraphs (A) through (C) of this
paragraph (determined disregarding the
matter in subclause (I) of subparagraph
(B) before
[[Page 110 STAT. 438]]
the first semicolon therein) based on a
move from FERS.
(ii) Election.--An individual described in
clause (i) may, instead of making an election for
which such individual is otherwise eligible under
this paragraph, elect to have all prior qualifying
FERS service of such individual treated as
creditable service for purposes of determining
eligibility for benefits under a NAFI retirement
system, but not for purposes of computing the
amount of any such benefits except as provided in
clause (v)(II).
(iii) Qualifying fers service.--For purposes
of this subparagraph, the term ``qualifying FERS
service'' means any service which, but for this
subparagraph, would be creditable for purposes of
the Federal Employees' Retirement System.
(iv) Service ceases to be creditable for
purposes of fers.--Any qualifying FERS service
that becomes creditable for NAFI purposes by
virtue of an election made under this subparagraph
shall not be creditable for purposes of the
Federal Employees' Retirement System.
(v) Funding requirements.--
