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104th Congress HOUSE OF REPRESENTATIVES Report
2d Session 104-450
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
----------
CONFERENCE REPORT
to accompany
S. 1124
January 22, 1996.--Ordered to be printed
104th Congress 2d SessioHOUSE OF REPRESENTATIVES Report
104-450
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1996
__________
CONFERENCE REPORT
to accompany
S. 1124
January 22, 1996.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-450
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
_______
January 22, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S. 1124]
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the House to the bill (S.
1124), to authorize appropriations for fiscal year 1996 for
military activities of the Department of Defense, to prescribe
personnel strengths for such fiscal year for the Armed Forces,
and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
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.
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.
Sec. 253. Repeal of missile defense provisions.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of C4I 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.
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
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 ROTC 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.
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 involving 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.
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.
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 the 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. Quality 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.
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.
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 on 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. 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
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
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.
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 counterproliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1405. Sense of Congress on ABM 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.
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.
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
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.
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
Numbered 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.
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 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 amendments.
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.
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.
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.
(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.
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) shallenter
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--
(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 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 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) 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 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.
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 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 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 theSenate 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''.
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. 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 thatinstallation, 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 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) 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) 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 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.
(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:
``(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) 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) 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.
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.
(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;
(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 radiation tolerant microelectronics program to be
managed by the Defense Nuclear Agency for the purposes of--
(A) providing for the development of affordable and
effective hardening technologies and for incorporation
of such technologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in
regional threat scenarios does not interrupt or defeat
the continued operability of systems of the Armed
Forces exposed to the combined effects of radiation
emitted by the weapon.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report on how the long-term radiation tolerant
microelectronics program is to be conducted and funded in the
fiscal years after fiscal year 1996 that are covered by the
future-years defense program submitted to Congress in 1995.
(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.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
SEC. 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.
(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. 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 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) 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 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) 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 Secretary 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.
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 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 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 ballastic 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.
(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) 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. 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 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) 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, 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;
(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. 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
programs shall be available only for activities covered by
those program elements.
(c) BM/C3I Programs.--Amounts requested for programs,
projects, and activities involving battle management, command,
control, communications, and intelligence (BM/C3I) 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) Testing of Theater Missile Defense Interceptors.--(1)
The Secretary of Defense may not approve a theater missile
defense interceptor program proceeding beyond thelow-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).
(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.
(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. REVIEW OF C4I 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
(C4I) 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 C4I programs and
the actual needs of users of these programs.
(2) The interoperability of service and defense-
wide C4I systems that are planned to be
operational in the future.
(3) The need for an overall defense-wide
architecture for C4I.
(4) Proposed strategies for ensuring that future
C4I acquisitions are compatible and interoperable
with an overall architecture.
(5) Technological and administrative aspects of the
C4I 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
C4I 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.
(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.
(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 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);''.
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.
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) 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.''.
(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.
(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 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) 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,
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.
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. 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 maintenance 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) 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 accordance 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) The amendments made by paragraphs (1) and (2) shall
take effect on the date (after the date of the enactment of
this Act) on which legislation is enacted that contains a
provision that specifically states one of the following:
(A) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense
that was submitted by the Secretary of Defense to the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives pursuant to section 311 of the National
Defense Authorization Act for Fiscal Year 1996 is
approved.''; or
(B) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense
that was submitted by the Secretary of Defense to the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives pursuant to section 311 of the National
Defense Authorization Act for Fiscal Year 1996 is
approved with the following modifications:'' (with the
modifications being stated in matter appearing after
the colon).
(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) 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 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) 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) 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).
(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) 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) the Secretary certifies to Congress that the
payment of the amount under this subparagraph is
essential for the management of the Defense
Environmental Restoration Program under chapter 160 of
title 10, United States Code; and
(ii) a period of 60 days has expired after the date
on which the certification is received by Congress.
(b) Report on Services Obtained.--The Secretary of Defense
shall include in the report submitted to Congress with respect
to fiscal year 1998 under section 2706(a) of title 10, United
States Code, information on the services, if any, obtained by
the Secretary during fiscal year 1996 pursuant to each
agreement on a reimbursable basis entered into with a State or
local government agency under section 2701(d) of title 10,
United States Code, as amended by subsection (a). The
information shall include a description of the services
obtained under each agreement and the amount of the
reimbursement provided for the services.
SEC. 322. 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:
``(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).''.
(2)(A) Subject to subparagraph (B), the total amount of
funds made available under section 2705(g) of title 10, United
States Code, as added by paragraph (1), for fiscal year 1996
may not exceed $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) Purposes.--The purposes of this section are to--
(1) enhance the operational flexibility of vessels
of the Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel
pollution control technology; and
(3) advance the development by the United States
Navy of environmentally sound ships.
(b) Uniform National Discharge Standards Development.--
Section 312 of the Federal Water Pollution Control Act (33
U.S.C. 1322) is amended by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of
the Armed Forces.--
``(1) Applicability.--This subsection shall apply
to vessels of the Armed Forces and discharges, other
than sewage, incidental to the normal operation of a
vessel of the Armed Forces, unless the Secretary of
Defense finds that compliance with this subsection
would not be in the national security interests of the
United States.
``(2) Determination of discharges required to be
controlled by marine pollution control devices.--
``(A) In general.--The Administrator and
the Secretary of Defense, after consultation
with the Secretary of the department in which
the Coast Guard is operating, the Secretary of
Commerce, and interested States, shall jointly
determine the discharges incidental to the
normal operation of a vessel of the Armed
Forces for which it is reasonable and
practicable to require use of a marine
pollution control device to mitigate adverse
impacts on the marine environment.
Notwithstanding subsection (a)(1) of section
553 of title 5, United States Code, the
Administrator and the Secretary of Defense
shall promulgate the determinations in
accordance with 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 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 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) In general.--Upon application
of a State, the Administrator shall by
regulation prohibit the discharge from
a vessel of 1 or more discharges
incidental to the normal operation of a
vessel, whether treated or not treated,
into the waters covered by the
application if the Administrator
determines that--
``(I) the protection and
enhancement of the quality of
the specified waters within the
State require a prohibition of
the discharge into the waters;
``(II) adequate facilities
for the safe and sanitary
removal of the discharge
incidental to the normal
operation of a vessel are
reasonably available for the
waters to which the prohibition
would apply; and
``(III) the prohibition
will not have the effect of
discriminating against a vessel
of the Armed Forces by reason
of the ownership or operation
by the Federal Government, or
the military function, of the
vessel.
``(ii) Approval or disapproval.--
The Administrator shall approve or
disapprove an application submitted
under clause (i) not later than 90 days
after the date on which the application
is submitted to the Administrator.
Notwithstanding clause (i)(II), the
Administrator shall not disapprove an
application for the sole reason that
there are not adequate facilities to
remove any discharge incidental to the
normal operation of a vessel from
vessels of the Armed Forces.
``(C) Applicability to foreign flagged
vessels.--A prohibition under this paragraph--
``(i) shall not impose any design,
construction, manning, or equipment
standard on a foreign flagged vessel
engaged in innocent passage unless the
prohibition implements a generally
accepted international rule or
standard; and
``(ii) that relates to the
prevention, reduction, and control of
pollution shall not apply to a foreign
flagged vessel engaged in transit
passage unless the prohibition
implements an applicable international
regulation regarding the discharge of
oil, oily waste, or any other noxious
substance into the waters.
``(8) Prohibition relating to vessels of the armed
forces.--After the effective date of the regulations
promulgated by the Secretary of Defense under paragraph
(4), it shall be unlawful for any vessel of the Armed
Forces subject to the regulations to--
``(A) operate in the navigable waters of
the United States or the waters of the
contiguous zone, if the vessel is not equipped
with any required marine pollution control
device meeting standards established under this
subsection; or
``(B) discharge overboard any discharge
incidental to the normal operation of a vessel
in waters with respect to which a prohibition
on the discharge has been established under
paragraph (7).
``(9) Enforcement.--This subsection shall be
enforceable, as provided in subsections (j) and (k),
against any agency of the United States responsible for
vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)) is
amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of
the United States,'' after
``association,'';
(B) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal
operation of a vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water,
cooling water, weather deck runoff,
ballast water, oil water separator
effluent, and any other pollutant
discharge from the operation of a
marine propulsion system, shipboard
maneuvering system, crew habitability
system, or installed major equipment,
such as an aircraft carrier elevator or
a catapult, or from a protective,
preservative, or absorptive application
to the hull of the vessel; and
``(ii) a discharge in connection
with the testing, maintenance, and
repair of a system described in clause
(i) whenever the vessel is waterborne;
and
``(B) does not include--
``(i) a discharge of rubbish,
trash, garbage, or other such material
discharged overboard;
``(ii) an air emission resulting
from the operation of a vessel
propulsion system, motor driven
equipment, or incinerator; or
``(iii) a discharge that is not
covered by part 122.3 of title 40, Code
of Federal Regulations (as in effect on
the date of 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) Cooperation in Standards Development.--The
Administrator of the Environmental Protection Agency and the
Secretary of Defense may, by mutual agreement, with or without
reimbursement, provide for the use of information, reports,
personnel, or other resources of the Environmental Protection
Agency or the Department of Defense to carry out section 312(n)
of the Federal Water Pollution Control Act (as added by
subsection (b)), including the use of the resources--
(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 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.''.
(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. 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) 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) 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 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) 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:
``(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) 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;
(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) 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
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. 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:
(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) 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) 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) 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.
(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-sectorsources, 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. 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) 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 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. 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.
SEC. 356. 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.
(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. 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.
(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 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) 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--
``(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
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. 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.
(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) 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 management 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) 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.
``(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) 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 statement 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).
(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.
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--
``(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 treatmentfrom 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) 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.''.
(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).
``(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 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. 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 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. 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 --------------------------------------
Lieutenant
Major 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.''.
(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
fromthe 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. 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.
SEC. 412. 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:
``(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.
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. 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--
``(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) 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.''.
(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--
(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) 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)''.
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) 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 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 requirements 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) 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) 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
(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) 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
``Promotion 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) 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:
``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) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense
Authorization Act, 1984 (10 U.S.C. 3360) is amended by striking
out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
SEC. 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.
``(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
componentswho 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.
``(e) Information To Be Furnished.--The Secretary shall
ensure that members referred to in subsection (a) are given a
written explanation of the insurance program and are advised
that they have the right to decline to be insured and, if not
declined, to elect coverage for a reduced benefit or an
enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready
Reserve serving on active duty (or full-time National Guard
duty) are not eligible to enroll for coverage under the
insurance program. The Secretary may define any additional
category of members of the Ready Reserve to be excluded from
eligibility to purchase insurance under this chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured
member under the insurance program is $1,000 per month (as
adjusted under subsection (d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage
under the insurance program may elect--
``(1) a reduced coverage benefit equal to one-half
the amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500,
$2,000, $2,500, $3,000, $3,500, $4,000, $4,500, or
$5,000 per month (as adjusted under subsection (d)).
``(c) Amount for Partial Month.--The amount of insurance
payable to an insured member for any period of covered service
that is less than one month shall be determined by multiplying
\1/30\ of the monthly benefit rate for the member by the number
of days of the covered service served by the member during such
period.
``(d) Adjustment of Amounts.--(1) The Secretary shall
determine annually the effect of inflation on benefits and
shall adjust the amounts set forth in subsections (a) and
(b)(2) to maintain the constant dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under
paragraph (1) is not evenly divisible by $10, the amount shall
be rounded to the nearest multiple of $10, except that an
amount evenly divisible by $5 but not by $10 shall be rounded
to the next lower amount that is evenly divisible by $10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in
consultation with the Board of Actuaries, shall prescribe the
premium rates for insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate
for each $1,000 of monthly insurance benefit. The premium
amount shall be equal to the share of the cost attributable to
insuring the member and shall be the same for all members of
the Ready Reserve who are insured under the insurance program
for the same benefit amount. The Secretary shall prescribe the
rate on the basis of the best available estimate of risk and
financial exposure, levels of subscription by members, and
other relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the
first year of insurance coverage of an insured member shall be
continued without change for subsequent years of insurance
coverage, except that the Secretary, after consultation with
the Board of Actuaries, may adjust the premium rate in order to
fund inflation-adjusted benefit increases on an actuarially
sound basis.
``Sec. 12527. Payment of premiums
``(a) Methods of Payment.--(1) The monthly premium for
coverage of a member under the insurance program shall be
deducted and withheld from the insured member's 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.
``(2) The amount for that fiscal year of any
cumulative unfunded liability (including any negative
amount or any gain to the Fund) resulting from payments
of benefits.
``(3) The amount for that fiscal year (including
any negative amount) of any cumulative actuarial gain
or loss to the Fund.
``Sec. 12529. Board of Actuaries
``(a) Actuarial Responsibility.--The Board of Actuaries
shall have the actuarial responsibility for the insurance
program.
``(b) Valuations and Premium Recommendations.--The Board of
Actuaries shall carry out periodic actuarial valuations of the
benefits under the insurance program and determine a premium
rate methodology for the Secretary to use in setting premium
rates for the insurance program. The Board shall conduct the
first valuation and determine a premium rate methodology not
later than six months after the insurance program is
established.
``(c) Effects of Changed Benefits.--If at the time of any
actuarial valuation under subsection (b) there has been a
change in benefits under the insurance program that has been
made since the last such valuation and such change in benefits
increases or decreases the present value of amounts payable
from the Fund, the Board of Actuaries shall determine a premium
rate methodology, and recommend to the Secretary a premium
schedule, for the liquidation of any liability (or actuarial
gain to the Fund) resulting from such change and any previous
such changes so that the present value of the sum of the
scheduled premium payments (or reduction in payments that would
otherwise be made) equals the cumulative increase (or decrease)
in the present value of such benefits.
``(d) Actuarial Gains or Losses.--If at the time of any
such valuation the Board of Actuaries determines that there has
been an actuarial gain or loss to the Fund as a result of
changes in actuarial assumptions since the last valuation or as
a result of any differences, between actual and expected
experience since the last valuation, the Board shall recommend
to the Secretary a premium rate schedule for the amortization
of the cumulative gain or loss to the Fund resulting from such
changes in assumptions and any previous such changes in
assumptions or from the differences in actual and expected
experience, respectively, through an increase or decrease in
the payments that would otherwise be made to the Fund.
``(e) Insufficient Assets.--If at any time liabilities of
the Fund exceed assets of the Fund as a result of members of
the Ready Reserve being ordered to active duty as described in
section 12521(2) of this title, and funds are unavailable to
pay benefits completely, the Secretary shall request the
President to submit to Congress a request for a special
appropriation to cover the unfunded liability. If
appropriations are not made to cover an unfunded liability in
any fiscal year, the Secretary shall reduce the amount of the
benefits paid under the insurance program to a total amount
that does not exceed the assets of the Fund expected to accrue
by the end of such fiscal year. Benefits that cannot be paid
because of such a reduction shall be deferred and may be paid
only after and to the extent that additional funds become
available.
``(f) Definition of Present Value.--The Board of Actuaries
shall define the term `present value' for purposes of this
subsection.
``Sec. 12530. Payment of benefits
``(a) Commencement of Payment.--An insured member who
serves in excess of 30 days of covered service shall be paid
the amount to which such member is entitled on a monthly basis
beginning not later than one month after the 30th day of
covered service.
``(b) Method of Payment.--The Secretary shall prescribe in
the regulations the manner in which payments shall be made to
the member or to a person designated in accordance with
subsection (c).
``(c) Designated Recipients.--(1) A member may designate in
writing another person (including a spouse, parent, or other
person with an insurable interest, as determined in accordance
with the regulations prescribed by the Secretary) to receive
payments of insurance benefits under the insurance program.
``(2) A member may direct that payments of insurance
benefits for a person designated under paragraph (1) be
deposited with a bank or other financial institution to the
credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any
insurance payable under the insurance program on account of a
deceased member's period of covered service shall be paid, upon
the establishment of a valid claim, to the beneficiary or
beneficiaries which the deceased member designated in writing.
If no such designation has been made, the amount shall be
payable in accordance with the laws of the State of the
member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of
or in addition to underwriting the insurance program through
the Fund, purchase from one or more insurance companies a
policy or policies of group insurance in order to provide the
benefits required under this chapter. The Secretary may waive
any requirement for full and open competition in order to
purchase an insurance policy under this subsection.
``(b) Eligible Insurers.--In order to be eligible to sell
insurance to the Secretary for purposes of subsection (a), an
insurance company shall--
``(1) be licensed to issue insurance in each of the
50 States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in
effect at least one percent of the total amount of
insurance that all such insurance companies have in
effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company
that issues a policy for purposes of subsection (a) shall
establish an administrative office at a place and under a name
designated by the Secretary.
``(2) For the purposes of carrying out this chapter, the
Secretary may use the facilities and services of any insurance
company issuing any policy for purposes of subsection (a), may
designate one such company as the representative of the other
companies for such purposes, and may contract to pay a
reasonable fee to the designated company for its services.
``(d) Reinsurance.--The Secretary shall arrange with each
insurance company issuing any policy for purposes of subsection
(a) to reinsure, under conditions approved by the Secretary,
portions of the total amount of the insurance under such policy
or policies with such other insurance companies (which meet
qualifying criteria prescribed by the Secretary) as may elect
to participate in such reinsurance.
``(e) Termination.--The Secretary may at any time terminate
any policy purchased under this section.
``Sec. 12532. Termination for nonpayment of premiums; forfeiture
``(a) Termination for Nonpayment.--The coverage of a member
under the insurance program shall terminate without prior
notice upon a failure of the member to make required monthly
payments of premiums for two consecutive months. The Secretary
may provide in the regulations for reinstatement of insurance
coverage terminated under this subsection.
``(b) Forfeiture.--Any person convicted of mutiny, treason,
spying, or desertion, or who refuses to perform service in the
armed forces or refuses to wear the uniform of any of the armed
forces shall forfeit all rights to insurance under this
chapter.''.
(2) The tables of chapters at the beginning of subtitle E,
and at the beginning of part II of subtitle E, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 1213 the following new item:
``1214. Ready Reserve Mobilization Income Insurance.............12521''.
(b) Effective Date.--The insurance program provided for in
chapter 1214 of title 10, United States Code, as added by
subsection (a), and the requirement for deductions and
contributions for that program shall take effect on September
30, 1996, or on any earlier date declared by the Secretary and
published in the Federal Register.
SEC. 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) The amendment made by paragraph (1) does not apply with
respect to fiscal year 1995.
(b) 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.
(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 whois 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 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) 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
enlisted members each year under enlistments described in that
section.''; and
(3) by striking out subsections (d) and (e).
(b) 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) 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) 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) 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) 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) 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 Secretary) 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. 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
section if the person is eligible for the prisoner-of-war medal
under section 1128 of title 10, United States Code.
SEC. 522. 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.
(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. 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 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. 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
themeaning of the Native American Programs Act of 1974 (42 U.S.C. 2991
et seq.).
SEC. 525. 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.
(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
``(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) 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:
``(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).
(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 cease to apply to that institution upon a
determination by the Secretary that the institution no longer
has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary
makes a determination under subsection (a) that an institution
has an anti-ROTC policy, or that an institution previously
determined to have an anti-ROTC policy no longer has such a
policy, the Secretary--
``(1) shall transmit notice of that determination
to the Secretary of Education and to the Committee on
Armed Services of the Senate and the Committee on
National Security of the House of Representatives; and
``(2) shall publish in the Federal Register notice
of that determination and of the effect of that
determination under subsection (a)(1) on the
eligibility of that institution for Department of
Defense grants and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary
shall publish in the Federal Register once every six months a
list of each institution of higher education that is currently
ineligible for Department of Defense grants and contracts by
reason of a determination of the Secretary under subsection
(a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-
ROTC policy' means a policy or practice of an institution of
higher education that--
``(1) prohibits, or in effect prevents, the
Secretary of Defense from maintaining or establishing a
unit of the Senior Reserve Officer Training Corps at
that institution, or
``(2) prohibits, or in effect prevents, a student
at that institution from enrolling in a unit of the
Senior Reserve Officer Training Corps at another
institution of higher education.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``983. Institutions of higher education that prohibit Senior ROTC units:
denial of Department of Defense grants and contracts.''.
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
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 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. 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:
(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. 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.
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).
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).
(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) 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:
``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) 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 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) 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) GAO Assessment.--(1) Not later than one year from 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.
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:
``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) 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 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
(2) in subsection (a), by striking out ``including
changes in those rules made after the effective date of
this Act'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``as those provisions are in
effect from time to time''.
(c) Temporary Early Retirement Authority.--Section 4403
(other than subsection (f)) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration in the same manner and to the same
extent as that section applies to the Department of Defense.
The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps
and shall apply the provisions of that section to the
provisions of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 relating to the retirement of members of
such commissioned officer corps.
(d) Effective Date.--This section shall apply only to
members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated after
September 30, 1995.
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.
``(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) 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.
``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) 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.
``(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.
``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) 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
``(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) 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) The Secretary shall publicize the existence of the
number.
``(c) 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 subsection (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. The Secretary shall
prescribe regulations for the provision of such assistance.
``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) 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.
(d) 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. 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) 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 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 provisionsof 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.
``(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 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;
``(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) 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).
``(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 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.
``(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) 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 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) 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 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.
``(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 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
obtainedunder 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 to obtain
access to such records, such representatives
are not granted such access).
``(b) Submittal of Information on Death.--If a board
appointed under section 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) 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 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.
``(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 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.'';
(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) 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;
(D) determining the rights and benefits accorded to
the family of the employee; and
(E) maintaining and providing appropriate access to
the records of the employee and the investigation into
the status of the employee.
(4) Not later than one year after the date of the enactment
of this Act, the Secretary of State shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the study carried out by the Secretary under this subsection.
The report shall include the recommendations, if any, of the
Secretary for legislation to improve the procedures covered by
the study.
SEC. 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:
``Sec. 2012. Support and services for eligible organizations and
activities outside Department of Defense
``(a) 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.
``(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. 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
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. 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. 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
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.''.
(b) 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) 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) 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) 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''.
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''.
(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) 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.
``(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) 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
----------------------------------------------------------------------------------
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''.
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) 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) 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:
``(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) 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:
(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) 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) 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:
(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. 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
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.''.
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.''.
(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.
Effective April 1, 1996, section 1967 of title 38, United
States Code, is amended--
(1) in subsections (a) and (c), by striking out
``$100,000'' each place it appears and inserting in
lieu thereof in each instance ``$200,000'';
(2) by striking out subsection (e); and
(3) by redesignating subsection (f) as subsection
(e).
SEC. 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. 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) 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;''.
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
(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) 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 Reserve of the Ready Reserve. The plan shall
provide for voluntary enrollment and for premium sharing
between the Department of Defense and the members enrolled in
the plan. The plan shall be administered under regulations
prescribed by the Secretary of Defense.
``(b) Premium Sharing.--(1) A member enrolling in the
dental insurance plan shall pay a share of the premium charged
for the insurance coverage. The member's share may not exceed
$25 per month.
``(2) The Secretary of Defense may reduce the monthly
premium required to be paid by enlisted members under paragraph
(1) if the Secretary determines that the reduction is
appropriate in order to assist enlisted members to participate
in the dental insurance plan.
``(3) A member's share of the premium for coverage by the
dental insurance plan shall be deducted and withheld from the
basic pay payable to the member for inactive duty training and
from the basic pay payable to the member for active duty.
``(4) The Secretary of Defense shall pay the portion of the
premium charged for coverage of a member under the dental
insurance plan that exceeds the amount paid by the member.
``(c) Benefits Available Under the Plan.--The dental
insurance plan shall provide benefits for basic dental care and
treatment, including diagnostic services, preventative
services, basic restorative services, and emergency oral
examinations.
``(d) Termination of Coverage.--The coverage of a member by
the dental insurance plan shall terminate on the last day of
the month in which the member is discharged, transfers to the
Individual Ready Reserve, Standby Reserve, or Retired Reserve,
or is ordered to active duty for a period of more than 30
days.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1076a the following:
``1076b. Selected Reserve dental insurance.''.
(b) 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).
Subtitle B--TRICARE Program
SEC. 711. 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.''.
SEC. 715. 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. 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
(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. 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 continue 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) The Secretary of Defense shall prescribe regulations
under this subsection after consultation with the other
administering Secretaries.''.
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)
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) 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 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. 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
(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) 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).
``(5) 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) Ratification of Existing Contracts.--Any exercise of
authority under section 1091 of title 10, United States Code,
to enter into a personal services contract on behalf of the
Coast Guard before the effective date of the amendments made by
subsection (a) is hereby ratified.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect 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.
``(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:
``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) 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.''.
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.
``(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) 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. 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;
(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. 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
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
limitedaccess 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).
(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--
``(1) sets forth directions regarding the
provision, withdrawal, or withholding of life-
prolonging procedures, including hydration and
sustenance, for the declarant whenever the declarant
has a terminal physical condition or is in a persistent
vegetative state; or
``(2) authorizes another person to make health care
decisions for the declarant, under circumstances stated
in the declaration, whenever the declarant is incapable
of making informed health care decisions.
``(c) Statement To Be Included.--(1) Under regulations
prescribed by the Secretary concerned, 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) 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 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
``(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:
``(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:
``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) 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) 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) 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.
(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. 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 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) 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) The Secretary of Defense shall establish a test
program under which contracting activities in the military
departments and the Defense Agencies are authorized to
undertake one or more demonstration projects to determine
whether the negotiation and administration of comprehensive
subcontracting plans will reduce administrative burdens on
contractors while enhancing opportunities provided under
Department of Defense contracts for small business concerns and
small business concerns owned and controlled by socially and
economically disadvantaged individuals. In selecting the
contracting activities to undertake demonstration projects, the
Secretary shall take such action as is necessary to ensure that
a broad range of the supplies and services acquired by the
Department of Defense are included in the test program.''.
(b) Covered Contractors.--Subsection (b) of such section is
amended by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) A Department of Defense contractor referred to in
paragraph (1) is, with respect to a comprehensive
subcontracting plan negotiated in any fiscal year, a business
concern that,during the immediately preceding fiscal year,
furnished the Department of Defense with supplies or services
(including professional services, research and development services,
and construction services) pursuant to at least three Department of
Defense contracts having an aggregate value of at least $5,000,000.''.
(c) Technical Amendments.--Such section is amended--
(1) by striking out subsection (g); and
(2) by redesignating subsection (h) as subsection
(g).
SEC. 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''.
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. 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 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.
(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.
(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. 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. 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. 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 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.
(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) 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) 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:
(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 134a, 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, 139, 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 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.
``(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) 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 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 weapons 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. 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.''.
(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) 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) 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 savings, are excess
to the requirements for support of installations and
facilities.
``(C) 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--
``(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) 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.''.
(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) 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) 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) 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, 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.''.
(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) Corpus of Trust Funds.--(1) The Secretary of the
Treasury shall--
(A) close the accounts established with the funds
that were required by section 8019 of Public Law 102-
172 (105 Stat. 1175) and section 9023 of Public Law
102-396 (106 Stat. 1905) to be transferred to an
appropriated trust fund; and
(B) transfer the amounts in such accounts to the
Fisher House Trust Fund, Department of the Army,
established by subsection (a)(1) of section 2221 of
title 10, United States Code, as added by subsection
(a).
(2) The Secretary of the Air Force shall transfer to the
Fisher House Trust Fund, Department of the Air Force,
established by subsection (a)(2) of section 2221 of title 10,
United States Code (as added by section (a)), all amounts in
the accounts for Air Force installations and other facilities
that, as of the date of the enactment of this Act, are
available for operation and maintenance of Fisher houses (as
defined in subsection (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) 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. If the Secretary
makes a determination with respect 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. 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, and requirements as are set out for
that program, project, or activity in the Classified Annex.
(d) 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) 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.
``(2) 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 describedin
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.
``(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) 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 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 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. 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.
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) 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 ableto 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).
(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) 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 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 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. 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.
``(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. 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) 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'';
(B) by striking out the period at the end
and inserting in lieu thereof a semicolon; and
(C) by adding at the end the following 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) 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 allowances being reimbursed with funds
provided under subsection (a)(1).
``(2) The Secretary of Defense may increase the end
strength authorized under paragraph (1) by not more than 20
percent for any fiscal year if the Secretary determines that
such an increase is necessary in the national security
interests of the United States.''.
(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 orlimitation 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 within that budget activity for which
funds are provided for that fiscal year.''.
SEC. 1032. CONVERSION OF MILITARY POSITIONS TO CIVILIAN POSITIONS.
(a) Conversion Requirement.--(1) 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
``(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) 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) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
``(5) 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
thetotal 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.
``(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) 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.''.
(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 employmentreferred
to in paragraph (1) for which an officer is paid a uniform allowance
under section 415 or 416 of this title.''.
(c) Clothing or Allowances for Enlisted Members.--Section
418 of title 37, United States Code, is amended--
(1) by inserting ``(a)'' before ``The President'';
and
(2) by adding at the end the following:
``(b) In determining the quantity and kind of clothing or
allowances to be furnished pursuant to regulations prescribed
under this section to persons employed as National Guard
technicians under section 709 of title 32, the President shall
take into account the requirement under subsection (b) of such
section for such persons to wear a uniform.
``(c) A uniform allowance may not be paid, and uniforms may
not be furnished, under section 1593 of title 10 or section
5901 of title 5 to a person referred to in subsection (b) for a
period of employment referred to in that subsection for which a
uniform allowance is paid under section 415 or 416 of this
title.''.
SEC. 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 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;''.
SEC. 1042. 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) 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 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. All regulations (and modifications
to regulations) under the preceding sentence shall take effect
on the same date.
(c) 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.
(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 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 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.--
(I) In general.--Except as
provided in subclause (II),
nothing in this section or in
any other provision of law or
any other authority shall be
considered to require any
payment or transfer of monies
in order for an election under
this subparagraph to be
effective.
(II) Contribution required
only if individual elects to
have service made creditable
for computation purposes as
well.--Under regulations
prescribed by the appropriate
administrative authority, an
individual making an election
under this subparagraph may
further elect to have the
qualifying FERS service made
creditable for computation
purposes under a NAFI
retirement system, but only if
the individual pays or arranges
to pay, at a time and in a
manner satisfactory to such
administrative authority, the
amount necessary to fully fund
the actuarial present value of
future benefits under the NAFI
retirement system attributable
to the qualifying FERS service.
(3) Information.--The regulations under subsection
(b) shall include provisions under which any
individual--
(A) shall, upon request, be provided
information or assistance in determining
whether such individual is eligible to make an
election under paragraph (2) and, if so, the
exact amount of any payment which would be
required of such individual in connection with
any such election; and
(B) may seek any other information or
assistance relating to any such election.
(d) Creditability of NAFI Service for RIF Purposes.--
(1) In general.--Clause (ii) of section 3502(a)(C)
of title 5, United States Code, is amended by striking
``January 1, 1987'' and inserting ``January 1, 1966''.
(2) Effective date.--Notwithstanding any provision
of subsection (c), the amendment made by paragraph (1)
shall--
(A) take effect on the date of the
enactment of this Act; and
(B) apply with respect to any reduction in
force carried out on or after such date.
SEC. 1044. EXTENSION OF TEMPORARY AUTHORITY TO PAY CIVILIAN EMPLOYEES
WITH RESPECT TO THE EVACUATION FROM GUANTANAMO,
CUBA.
(a) Extension of Authority.--The Secretary of Defense may,
until the end of January 31, 1996, and without regard to the
time limitations specified in subsection (a) of section 5523 of
title 5, United States Code, make payments under the provisions
of such section from funds available for the pay of civilian
personnel in the case of employees, or an employee's dependents
or immediate family, evacuated from Guantanamo Bay, Cuba,
pursuant to the August 26, 1994 order of the Secretary. This
section shall take effect as of October 1, 1995, and shall
apply with respect to payments made for periods occurring on or
after that date.
(b) Monthly Report.--On the first day of each month
beginning after the date of the enactment of this Act and
ending before March 1996, the Secretary of the Navy shall
transmit to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of
Representatives a report regarding the payment of employees
pursuant to subsection (a). Each such report shall include, for
the month preceding the month in which the report is
transmitted, a statement of the following:
(1) The number of the employees paid pursuant to
such section.
(2) The positions of employment of the employees.
(3) The number and location of the employees'
dependents and immediate families.
(4) The actions taken by the Secretary to eliminate
the conditions which necessitated the payments.
Subtitle E--Miscellaneous Reporting Requirements
SEC. 1051. REPORT ON FISCAL YEAR 1997 BUDGET SUBMISSION REGARDING GUARD
AND RESERVE COMPONENTS.
(a) Report.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time that the
President submits the budget for fiscal year 1997 under section
1105(a) of title 31, United States Code, a report on amounts
requested in that budget for the Guard and Reserve components.
(b) Content.--The report shall include the following:
(1) A description of the anticipated effect that
the amounts requested (if approved by Congress) will
have to enhance the capabilities of each of the Guard
and Reserve components.
(2) A listing, with respect to each such component,
of each of the following:
(A) The amount requested for each major
weapon system for which funds are requested in
the budget for that component.
(B) The amount requested for each item of
equipment (other than a major weapon system)
for which funds are requested in the budget for
that component.
(C) The amount requested for each military
construction project, together with the
location of each such project, for which funds
are requested in the budget for that component.
(c) Inclusion of Information in Next FYDP.--The Secretary
of Defense shall specifically display in the next future-years
defense program (or program revision) submitted to Congress
after the date of the enactment of this Act the amounts
programmed for procurement of equipment and for military
construction for each of the Guard and Reserve components.
(d) Definition.--For purposes of this section, the term
``Guard and Reserve components'' means the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air Force Reserve.
(6) The Air National Guard of the United States.
SEC. 1052. REPORT ON DESIRABILITY AND FEASIBILITY OF PROVIDING
AUTHORITY FOR USE OF FUNDS DERIVED FROM RECOVERED
LOSSES RESULTING FROM CONTRACTOR FRAUD.
(a) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit to Congress a report on the
desirabilityand feasibility of authorizing by law the retention and use
by the Department of Defense of a specified portion (not to exceed
three percent) of amounts recovered by the Government during any fiscal
year from losses and expenses incurred by the Department of Defense as
a result of contractor fraud at military installations.
(b) Matters To Be Included.--The report shall include the
views of the Secretary of Defense regarding--
(1) the degree to which such authority would create
enhanced incentives for the discovery, investigation,
and resolution of contractor fraud at military
installations; and
(2) the appropriate allocation for funds that would
be available for expenditure pursuant to such
authority.
SEC. 1053. REPORT OF NATIONAL POLICY ON PROTECTING THE NATIONAL
INFORMATION INFRASTRUCTURE AGAINST STRATEGIC
ATTACKS.
Not later than 120 days after the date of the enactment of
this Act, the President shall submit to Congress a report
setting forth the results of a review of the national policy on
protecting the national information infrastructure against
strategic attacks. The report shall include the following:
(1) A description of the national policy and
architecture governing the plans for establishing
procedures, capabilities, systems, and processes
necessary to perform indications, warning, and
assessment functions regarding strategic attacks by
foreign nations, groups, or individuals, or any other
entity against the national information infrastructure.
(2) An assessment of the future of the National
Communications System (NCS), which has performed the
central role in ensuring national security and
emergency preparedness communications for essential
United States Government and private sector users,
including a discussion of--
(A) whether there is a Federal interest in
expanding or modernizing the National
Communications System in light of the changing
strategic national security environment and the
revolution in information technologies; and
(B) the best use of the National
Communications System and the assets and
experience it represents as an integral part of
a larger national strategy to protect the
United States against a strategic attack on the
national information infrastructure.
SEC. 1054. REPORT ON DEPARTMENT OF DEFENSE BOARDS AND COMMISSIONS.
(a) Study.--The Secretary of Defense shall conduct a study
of the boards and commissions described in subsection (c). As
part of such study, the Secretary shall determine, with respect
to each such board or commission that received support from the
Department of Defense during fiscal year 1995, whether that
board or commission merits continued support from the
Department.
(b) Report.--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 results of the study. The
report shall include the following:
(1) A list of each board and commission described
in subsection (c) that received support from the
Department of Defense during fiscal year 1995.
(2) With respect to the boards and commissions
specified on the list under paragraph (1)--
(A) a list of each such board or commission
concerning which the Secretary determined under
subsection (a) that continued support from the
Department of Defense is merited; and
(B) a list of each such board or commission
concerning which the Secretary determined under
subsection (a) that continued support from the
Department if not merited.
(3) For each board and commission specified on the
list under paragraph (2)(A), a description of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support
provided by the Department to the board or
commission during fiscal year 1995;
(C) the nature and duration of the support
that the Secretary proposes to provide to the
board or commission;
(D) the anticipated cost to the Department
of providing such support; and
(E) a justification of the determination
that the board or commission merits the
continued support of the Department.
(4) For each board and commission specified on the
list under paragraph (2)(B), a description of--
(A) the purpose of the board or commission;
(B) the nature and cost of the support
provided by the Department to the board or
commission during fiscal year 1995; and
(C) a justification of the determination
that the board or commission does not merit the
continued support of the Department.
(c) Covered Boards and Commissions.--Subsection (a) applies
to any board or commission (including any board or commission
authorized by law) that operates within or for the Department
of Defense and that--
(1) provides only policy-making assistance or
advisory services for the Department; or
(2) carries out only activities that are not
routine activities, on-going activities, or activities
necessary to the routine, on-going operations of the
Department.
(d) Support Defined.--For purposes of this section, the
term ``support'' includes the provision of any of the
following:
(1) Funds.
(2) Equipment, materiel, or other assets.
(3) Services of personnel.
SEC. 1055. DATE FOR SUBMISSION OF ANNUAL REPORT ON SPECIAL ACCESS
PROGRAMS.
Section 119(a) of title 10, United States Code, is amended
by striking out ``February 1'' and inserting in lieu thereof
``March 1''.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
SEC. 1061. REPEAL OF MISCELLANEOUS PROVISIONS OF LAW.
(a) Volunteers Investing in Peace and Security Program.--
(1) Chapter 89 of title 10, United States Code, is repealed.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part II of subtitle A, of such title
are each amended by striking out the item relating to chapter
89.
(b) Security and Control of Supplies.--(1) Chapter 171 of
such title is repealed.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part IV of subtitle A, of such title
are each amended by striking out the item relating to chapter
171.
(c) Annual Authorization of Military Training Student
Loads.--Section 115 of such title is amended--
(1) in subsection (a), by striking out paragraph
(3);
(2) in subsection (b)--
(A) by inserting ``or'' at the end of
paragraph (1);
(B) by striking out ``; or'' at the end of
paragraph (2) and inserting in lieu thereof a
period; and
(C) by striking out paragraph (3); and
(3) by striking out subsection (f).
(d) Portions of Annual Manpower Requirements Report.--
Section 115a of such title is amended--
(1) in subsection (b)(2), by striking out
subparagraph (C);
(2) by striking out subsection (d);
(3) by redesignating subsection (e) as subsection
(d) and striking out paragraphs (4) and (5) thereof;
(4) by striking out subsection (f); and
(5) by redesignating subsection (g) as subsection
(e).
(e) Obsolete Authority for Payment of Stipends for Members
of Certain Advisory Committees and Boards of Visitors of
Service Academies.--(1) The second sentence of each of sections
173(b) and 174(b) of such title is amended to read as follows:
``Other members and part-time advisers shall (except as
otherwise specifically authorized by law) serve without
compensation for such service.''.
(2) Sections 4355(h), 6968(h), and 9355(h) of such title
are amended by striking out ``is entitled to not more than $5 a
day and''.
(f) Annual Budget Information Concerning Recruiting
Costs.--(1) Section 227 of such title is repealed.
(2) The table of sections at the beginning of chapter 9 of
such title is amended by striking out the item relating to
section 227.
(g) Expired Authority Relating to Peacekeeping
Activities.--(1) Section 403 of such title is repealed.
(2) The table of sections at the beginning of subchapter I
of chapter 20 of such title is amended by striking out the item
relating to section 403.
(h) Procurement of Gasohol for Department of Defense Motor
Vehicles.--(1) Subsection (a) of section 2398 of such title is
repealed.
(2) Such section is further amended--
(A) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
(B) in subsection (b), as so redesignated, by
striking out ``subsection (b)'' and inserting in lieu
thereof ``subsection (a)''.
(i) Requirement of Notice of Certain Disposals and Gifts by
Secretary of Navy.--Section 7545 of such title is amended--
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
(j) Annual Report on Biological Defense Research Program.--
(1) Section 2370 of such title is repealed.
(2) The table of sections at the beginning of chapter 139
of such title is amended by striking out the item relating to
such section.
(k) Reports and Notifications Relating to Chemical and
Biological Agents.--Subsection (a) of section 409 of Public Law
91-121 (50 U.S.C. 1511) is repealed.
(l) Annual Report on Balanced Technology Initiative.--
Subsection (e) of section 211 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1394) is repealed.
(m) Report on Environmental Restoration Costs for
Installations To Be Closed Under 1990 Base Closure Law.--
Section 2827 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 2687
note) is amended by striking out subsection (b).
(n) Limitation on American Diplomatic Facilities in
Germany.--Section 1432 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1833)
is repealed.
SEC. 1062. REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.
(a) Annual Report on Relocation Assistance Programs.--
Section 1056 of title 10, United States Code, is amended--
(1) by striking out subsection (f); and
(2) by redesignating subsection (g) as subsection
(f).
(b) Notice of Salary Increases for Foreign National
Employees.--Section 1584 of such title is amended--
(1) by striking out subsection (b); and
(2) in subsection (a), by striking out ``(a) Waiver
of Employment Restrictions for Certain Personnel.--''.
(c) Notice Regarding Contracts Performed for Periods
Exceeding 10 Years.--(1) Section 2352 of such title is
repealed.
(2) The table of sections at the beginning of chapter 139
of such title is amended by striking out the item relating to
section 2352.
(d) Report on Low-Rate Production Under Naval Vessel and
Military Satellite Programs.--Section 2400(c) of such title is
amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1)--
(A) by striking out ``(1)''; and
(B) by redesignating clauses (A) and (B) as
clauses (1) and (2), respectively.
(e) Report on Waivers of Prohibition on Employment of
Felons.--Section 2408(a)(3) of such title is amended by
s
