[DOCID: f:publ106.104]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
[[Page 110 STAT. 186]]
Public Law 104-106
104th Congress
An Act
To authorize appropriations for fiscal year 1996 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, to reform acquisition laws
and information technology management of the Federal Government, and for
other purposes. <<NOTE: Feb. 10, 1996 - [S. 1124]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 1996.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 1996''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Federal Acquisition Reform.
(5) Division E--Information Technology Management Reform.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
Sec. 4. Extension of time for submission of reports.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Procurement of OH-58D Armed Kiowa Warrior helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Sec. 113. Multiyear procurement of helicopters.
[[Page 110 STAT. 187]]
Sec. 114. Report on AH-64D engine upgrades.
Sec. 115. Requirement for use of previously authorized multiyear
procurement authority for Army small arms
procurement.
Subtitle C--Navy Programs
Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T-39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.
Subtitle D--Air Force Programs
Sec. 141. B-2 aircraft program.
Sec. 142. Procurement of B-2 bombers.
Sec. 143. MC-130H aircraft program.
Subtitle E--Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with
development of chemical demilitarization
cryofracture facility at Tooele Army Depot, Utah.
Sec. 152. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 153. Administration of chemical demilitarization program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Modifications to Strategic Environmental Research and
Development Program.
Sec. 204. Defense dual use technology initiative.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Tactical manned reconnaissance.
Sec. 213. Joint Advanced Strike Technology (JAST) program.
Sec. 214. Development of laser program.
Sec. 215. Navy mine countermeasures program.
Sec. 216. Space-based infrared system.
Sec. 217. Defense Nuclear Agency programs.
Sec. 218. Counterproliferation support program.
Sec. 219. Nonlethal weapons study.
Sec. 220. Federally funded research and development centers and
university-affiliated research centers.
Sec. 221. Joint seismic program and global seismic network.
Sec. 222. Hydra-70 rocket product improvement program.
Sec. 223. Limitation on obligation of funds until receipt of electronic
combat consolidation master plan.
Sec. 224. Report on reductions in research, development, test, and
evaluation.
Sec. 225. Advanced Field Artillery System (Crusader).
Sec. 226. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 227. Defense Airborne Reconnaissance program.
Subtitle C--Ballistic Missile Defense Act of 1995
Sec. 231. Short title.
Sec. 232. Findings.
Sec. 233. Ballistic Missile Defense policy.
Sec. 234. Theater Missile Defense architecture.
Sec. 235. Prohibition on use of funds to implement an international
agreement concerning Theater Missile Defense
systems.
Sec. 236. Ballistic Missile Defense cooperation with allies.
Sec. 237. ABM Treaty defined.
Sec. 238. Repeal of Missile Defense Act of 1991.
Subtitle D--Other Ballistic Missile Defense Provisions
Sec. 251. Ballistic Missile Defense program elements.
Sec. 252. Testing of Theater Missile Defense interceptors.
[[Page 110 STAT. 188]]
Sec. 253. Repeal of missile defense provisions.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of C<SUP>4I by National Research Council.
Sec. 263. Analysis of consolidation of basic research accounts of
military departments.
Sec. 264. Change in reporting period from calendar year to fiscal year
for annual report on certain contracts to colleges
and universities.
Sec. 265. Aeronautical research and test capabilities assessment.
Subtitle F--Other Matters
Sec. 271. Advanced lithography program.
Sec. 272. Enhanced fiber optic guided missile (EFOG-M) system.
Sec. 273. States eligible for assistance under Defense Experimental
Program To Stimulate Competitive Research.
Sec. 274. Cruise missile defense initiative.
Sec. 275. Modification to university research initiative support
program.
Sec. 276. Manufacturing technology program.
Sec. 277. Five-year plan for consolidation of defense laboratories and
test and evaluation centers.
Sec. 278. Limitation on T-38 avionics upgrade program.
Sec. 279. Global Positioning System.
Sec. 280. Revision of authority for providing Army support for the
National Science Center for Communications and
Electronics.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Civil Air Patrol.
Subtitle B--Depot-Level Activities
Sec. 311. Policy regarding performance of depot-level maintenance and
repair for the Department of Defense.
Sec. 312. Management of depot employees.
Sec. 313. Extension of authority for aviation depots and naval shipyards
to engage in defense-related production and
services.
Sec. 314. Modification of notification requirement regarding use of core
logistics functions waiver.
Subtitle C--Environmental Provisions
Sec. 321. Revision of requirements for agreements for services under
environmental restoration program.
Sec. 322. Addition of amounts creditable to Defense Environmental
Restoration Account.
Sec. 323. Use of Defense Environmental Restoration Account.
Sec. 324. Revision of authorities relating to restoration advisory
boards.
Sec. 325. Discharges from vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 331. Operation of commissary system.
Sec. 332. Limited release of commissary stores sales information to
manufacturers, distributors, and other vendors doing
business with Defense Commissary Agency.
Sec. 333. Economical distribution of distilled spirits by
nonappropriated fund instrumentalities.
Sec. 334. Transportation by commissaries and exchanges to overseas
locations.
Sec. 335. Demonstration project for uniform funding of morale, welfare,
and recreation activities at certain military
installations.
Sec. 336. Operation of combined exchange and commissary stores.
Sec. 337. Deferred payment programs of military exchanges.
Sec. 338. Availability of funds to offset expenses incurred by Army and
Air Force Exchange Service on account of troop
reductions in Europe.
Sec. 339. Study regarding improving efficiencies in operation of
military exchanges and other morale, welfare, and
recreation activities and commissary stores.
[[Page 110 STAT. 189]]
Sec. 340. Repeal of requirement to convert ships' stores to
nonappropriated fund instrumentalities.
Sec. 341. Disposition of excess morale, welfare, and recreation funds.
Sec. 342. Clarification of entitlement to use of morale, welfare, and
recreation facilities by members of reserve
components and dependents.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 351. Competitive procurement of printing and duplication services.
Sec. 352. Direct vendor delivery system for consumable inventory items
of Department of Defense.
Sec. 353. Payroll, finance, and accounting functions of the Department
of Defense.
Sec. 354. Demonstration program to identify overpayments made to
vendors.
Sec. 355. Pilot program on private operation of defense dependents'
schools.
Sec. 356. Program for improved travel process for the Department of
Defense.
Sec. 357. Increased reliance on private-sector sources for commercial
products and services.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
Sec. 361. Quarterly readiness reports.
Sec. 362. Restatement of requirement for semiannual reports to Congress
on transfers from high-priority readiness
appropriations.
Sec. 363. Report regarding reduction of costs associated with contract
management oversight.
Sec. 364. Reviews of management of inventory control points and Material
Management Standard System.
Sec. 365. Report on private performance of certain functions performed
by military aircraft.
Sec. 366. Strategy and report on automated information systems of
Department of Defense.
Subtitle G--Other Matters
Sec. 371. Codification of Defense Business Operations Fund.
Sec. 372. Clarification of services and property that may be exchanged
to benefit the historical collection of the Armed
Forces.
Sec. 373. Financial management training.
Sec. 374. Permanent authority for use of proceeds from the sale of
certain lost, abandoned, or unclaimed property.
Sec. 375. Sale of military clothing and subsistence and other supplies
of the Navy and Marine Corps.
Sec. 376. Personnel services and logistical support for certain
activities held on military installations.
Sec. 377. Retention of monetary awards.
Sec. 378. Provision of equipment and facilities to assist in emergency
response actions.
Sec. 379. Report on Department of Defense military and civil defense
preparedness to respond to emergencies resulting
from a chemical, biological, radiological, or
nuclear attack.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength
limitations for active duty Air Force and Navy
officers in certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to
be counted.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. Counting of certain active component personnel assigned in
support of reserve component training.
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the Reserves.
Sec. 415. Reserves on active duty in support of cooperative threat
reduction programs not to be counted.
Sec. 416. Reserves on active duty for military-to-military contacts and
comparable activities not to be counted.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
[[Page 110 STAT. 190]]
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Retired grade for officers in grades above major general and
rear admiral.
Sec. 503. Wearing of insignia for higher grade before promotion.
Sec. 504. Authority to extend transition period for officers selected
for early retirement.
Sec. 505. Army officer manning levels.
Sec. 506. Authority for medical department officers other than
physicians to be appointed as Surgeon General.
Sec. 507. Deputy Judge Advocate General of the Air Force.
Sec. 508. Authority for temporary promotions for certain Navy
lieutenants with critical skills.
Sec. 509. Retirement for years of service of Directors of Admissions of
Military and Air Force academies.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Extension of certain Reserve officer management authorities.
Sec. 512. Mobilization income insurance program for members of Ready
Reserve.
Sec. 513. Military technician full-time support program for Army and Air
Force reserve components.
Sec. 514. Revisions to Army Guard Combat Reform Initiative to include
Army Reserve under certain provisions and make
certain revisions.
Sec. 515. Active duty associate unit responsibility.
Sec. 516. Leave for members of reserve components performing public
safety duty.
Sec. 517. Department of Defense funding for National Guard participation
in joint disaster and emergency assistance
exercises.
Subtitle C--Decorations and Awards
Sec. 521. Award of Purple Heart to persons wounded while held as
prisoners of war before April 25, 1962.
Sec. 522. Authority to award decorations recognizing acts of valor
performed in combat during the Vietnam conflict.
Sec. 523. Military intelligence personnel prevented by secrecy from
being considered for decorations and awards.
Sec. 524. Review regarding upgrading of Distinguished-Service Crosses
and Navy Crosses awarded to Asian-Americans and
Native American Pacific Islanders for World War II
service.
Sec. 525. Eligibility for Armed Forces Expeditionary Medal based upon
service in El Salvador.
Sec. 526. Procedure for consideration of military decorations not
previously submitted in timely fashion.
Subtitle D--Officer Education Programs
Part I--Service Academies
Sec. 531. Revision of service obligation for graduates of the service
academies.
Sec. 532. Nominations to service academies from Commonwealth of the
Northern Marianas Islands.
Sec. 533. Repeal of requirement for athletic director and
nonappropriated fund account for the athletics
programs at the service academies.
Sec. 534. Repeal of requirement for program to test privatization of
service academy preparatory schools.
Part II--Reserve Officer Training Corps
Sec. 541. ROTC access to campuses.
Sec. 542. ROTC scholarships for the National Guard.
Sec. 543. Delay in reorganization of Army ROTC regional headquarters
structure.
Sec. 544. Duration of field training or practice cruise required under
the Senior Reserve Officers' Training Corps program.
Sec. 545. Active duty officers detailed to ROTC duty at senior military
colleges to serve as Commandant and Assistant
Commandant of Cadets and as tactical officers.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 551. Report concerning appropriate forum for judicial review of
Department of Defense personnel actions.
[[Page 110 STAT. 191]]
Sec. 552. Comptroller General review of proposed Army end strength
allocations.
Sec. 553. Report on manning status of highly deployable support units.
Sec. 554. Review of system for correction of military records.
Sec. 555. Report on the consistency of reporting of fingerprint cards
and final disposition forms to the Federal Bureau of
Investigation.
Subtitle F--Other Matters
Sec. 561. Equalization of accrual of service credit for officers and
enlisted members.
Sec. 562. Army Ranger training.
Sec. 563. Separation in cases involving extended confinement.
Sec. 564. Limitations on reductions in medical personnel.
Sec. 565. Sense of Congress concerning personnel tempo rates.
Sec. 566. Separation benefits during force reduction for officers of
commissioned corps of National Oceanic and
Atmospheric Administration.
Sec. 567. Discharge of members of the Armed Forces who have the HIV-1
virus.
Sec. 568. Revision and codification of Military Family Act and Military
Child Care Act.
Sec. 569. Determination of whereabouts and status of missing persons.
Sec. 570. Associate Director of Central Intelligence for Military
Support.
Subtitle G--Support for Non-Department of Defense Activities
Sec. 571. Repeal of certain civil-military programs.
Sec. 572. Training activities resulting in incidental support and
services for eligible organizations and activities
outside the Department of Defense.
Sec. 573. National Guard civilian youth opportunities pilot program.
Sec. 574. Termination of funding for Office of Civil-Military Programs
in Office of the Secretary of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members
residing without dependents in Government quarters.
Sec. 603. Election of basic allowance for quarters instead of assignment
to inadequate quarters.
Sec. 604. Payment of basic allowance for quarters to members in pay
grade E-6 who are assigned to sea duty.
Sec. 605. Limitation on reduction of variable housing allowance for
certain members.
Sec. 606. Clarification of limitation on eligibility for family
separation allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer
candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Codification and extension of special pay for critically short
wartime health specialists in the Selected Reserves.
Sec. 615. Hazardous duty incentive pay for warrant officers and enlisted
members serving as air weapons controllers.
Sec. 616. Aviation career incentive pay.
Sec. 617. Clarification of authority to provide special pay for nurses.
Sec. 618. Continuous entitlement to career sea pay for crew members of
ships designated as tenders.
Sec. 619. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Repeal of requirement regarding calculation of allowances on
basis of mileage tables.
Sec. 622. Departure allowances.
Sec. 623. Transportation of nondependent child from member's station
overseas after loss of dependent status while
overseas.
Sec. 624. Authorization of dislocation allowance for moves in connection
with base realignments and closures.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustments
for fiscal years 1996, 1997, and 1998.
[[Page 110 STAT. 192]]
Sec. 632. Denial of non-regular service retired pay for Reserves
receiving certain court-martial sentences.
Sec. 633. Report on payment of annuities for certain military surviving
spouses.
Sec. 634. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerilla fighters in
the Philippines.
Sec. 635. Authority for relief from previous overpayments under minimum
income widows program.
Sec. 636. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
Subtitle E--Other Matters
Sec. 641. Payment to survivors of deceased members for all leave
accrued.
Sec. 642. Repeal of reporting requirements regarding compensation
matters.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Report on extending to junior noncommissioned officers
privileges provided for senior noncommissioned
officers.
Sec. 645. Study regarding joint process for determining location of
recruiting stations.
Sec. 646. Automatic maximum coverage under Servicemen's Group Life
Insurance.
Sec. 647. Termination of Servicemen's Group Life Insurance for members
of the Ready Reserve who fail to pay premiums.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Modification of requirements regarding routine physical
examinations and immunizations under CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death
and disability benefits for certain Reserves.
Sec. 703. Medical care for surviving dependents of retired Reserves who
die before age 60.
Sec. 704. Medical and dental care for members of the Selected Reserve
assigned to early deploying units of the Army
Selected Reserve.
Sec. 705. Dental insurance for members of the Selected Reserve.
Sec. 706. Permanent authority to carry out specialized treatment
facility program.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. Priority use of military treatment facilities for persons
enrolled in managed care initiatives.
Sec. 713. Staggered payment of enrollment fees for TRICARE program.
Sec. 714. Requirement of budget neutrality for TRICARE program to be
based on entire program.
Sec. 715. Training in health care management and administration for
TRICARE lead agents.
Sec. 716. Pilot program of individualized residential mental health
services.
Sec. 717. Evaluation and report on TRICARE program effectiveness.
Sec. 718. Sense of Congress regarding access to health care under
TRICARE program for covered beneficiaries who are
medicare eligible.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as
Uniformed Services Treatment Facilities.
Sec. 722. Limitation on expenditures to support Uniformed Services
Treatment Facilities.
Sec. 723. Application of CHAMPUS payment rules in certain cases.
Sec. 724. Application of Federal Acquisition Regulation to participation
agreements with Uniformed Services Treatment
Facilities.
Sec. 725. Development of plan for integrating Uniformed Services
Treatment Facilities in managed care programs of
Department of Defense.
Sec. 726. Equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities.
Sec. 727. Elimination of unnecessary annual reporting requirement
regarding Uniformed Services Treatment Facilities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care providers
under CHAMPUS.
Sec. 732. Notification of certain CHAMPUS covered beneficiaries of loss
of CHAMPUS eligibility.
[[Page 110 STAT. 193]]
Sec. 733. Personal services contracts for medical treatment facilities
of the Coast Guard.
Sec. 734. Identification of third-party payer situations.
Sec. 735. Redesignation of Military Health Care Account as Defense
Health Program Account and two-year availability of
certain account funds.
Sec. 736. Expansion of financial assistance program for health-care
professionals in reserve components to include
dental specialties.
Sec. 737. Applicability of limitation on prices of pharmaceuticals
procured for Coast Guard.
Sec. 738. Restriction on use of Department of Defense facilities for
abortions.
Subtitle E--Other Matters
Sec. 741. Triservice nursing research.
Sec. 742. Termination of program to train military psychologists to
prescribe psychotropic medications.
Sec. 743. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in
civilian shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine
appropriate force levels of wartime medical
personnel.
Sec. 746. Report on improved access to military health care for covered
beneficiaries entitled to medicare.
Sec. 747. Report on effect of closure of Fitzsimons Army Medical Center,
Colorado, on provision of care to military
personnel, retired military personnel, and their
dependents.
Sec. 748. Sense of Congress on continuity of health care services for
covered beneficiaries adversely affected by closures
of military medical treatment facilities.
Sec. 749. State recognition of military advance medical directives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
Sec. 801. Inapplicability of limitation on expenditure of appropriations
to contracts at or below simplified acquisition
threshold.
Sec. 802. Authority to delegate contracting authority.
Sec. 803. Control in procurements of critical aircraft and ship spare
parts.
Sec. 804. Fees for certain testing services.
Sec. 805. Coordination and communication of defense research activities.
Sec. 806. Addition of certain items to domestic source limitation.
Sec. 807. Encouragement of use of leasing authority.
Sec. 808. Cost reimbursement rules for indirect costs attributable to
private sector work of defense contractors.
Sec. 809. Subcontracts for ocean transportation services.
Sec. 810. Prompt resolution of audit recommendations.
Sec. 811. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 812. Procurement of items for experimental or test purposes.
Sec. 813. Use of funds for acquisition of designs, processes, technical
data, and computer software.
Sec. 814. Independent cost estimates for major defense acquisition
programs.
Sec. 815. Construction, repair, alteration, furnishing, and equipping of
naval vessels.
Subtitle B--Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Defense facility-wide pilot program.
Sec. 823. Treatment of Department of Defense cable television franchise
agreements.
Sec. 824. Extension of pilot mentor-protege program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 903. Deferred repeal of various statutory positions and offices in
Office of the Secretary of Defense.
Sec. 904. Redesignation of the position of Assistant to the Secretary of
Defense for Atomic Energy.
[[Page 110 STAT. 194]]
Sec. 905. Joint Requirements Oversight Council.
Sec. 906. Restructuring of Department of Defense acquisition
organization and workforce.
Sec. 907. Report on Nuclear Posture Review and on plans for nuclear
weapons management in event of abolition of
Department of Energy.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Subtitle B--Financial Management
Sec. 911. Transfer authority regarding funds available for foreign
currency fluctuations.
Sec. 912. Defense Modernization Account.
Sec. 913. Designation and liability of disbursing and certifying
officials.
Sec. 914. Fisher House trust funds.
Sec. 915. Limitation on use of authority to pay for emergency and
extraordinary expenses.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Improved funding mechanisms for unbudgeted operations.
Sec. 1004. Operation Provide Comfort.
Sec. 1005. Operation Enhanced Southern Watch.
Sec. 1006. Authority for obligation of certain unauthorized fiscal year
1995 defense appropriations.
Sec. 1007. Authorization of prior emergency supplemental appropriations
for fiscal year 1995.
Sec. 1008. Authorization reductions to reflect savings from revised
economic assumptions.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Iowa class battleships.
Sec. 1012. Transfer of naval vessels to certain foreign countries.
Sec. 1013. Contract options for LMSR vessels.
Sec. 1014. National Defense Reserve Fleet.
Sec. 1015. Naval salvage facilities.
Sec. 1016. Vessels subject to repair under phased maintenance contracts.
Sec. 1017. Clarification of requirements relating to repairs of vessels.
Sec. 1018. Sense of Congress concerning naming of amphibious ships.
Sec. 1019. Sense of Congress concerning naming of naval vessel.
Sec. 1020. Transfer of riverine patrol craft.
Subtitle C--Counter-Drug Activities
Sec. 1021. Revision and clarification of authority for Federal support
of drug interdiction and counter-drug activities
of the National Guard.
Subtitle D--Civilian Personnel
Sec. 1031. Management of Department of Defense civilian personnel.
Sec. 1032. Conversion of military positions to civilian positions.
Sec. 1033. Elimination of 120-day limitation on details of certain
employees.
Sec. 1034. Authority for civilian employees of Department of Defense to
participate voluntarily in reductions in force.
Sec. 1035. Authority to pay severance payments in lump sums.
Sec. 1036. Continued health insurance coverage.
Sec. 1037. Revision of authority for appointments of involuntarily
separated military reserve technicians.
Sec. 1038. Wearing of uniform by National Guard technicians.
Sec. 1039. Military leave for military reserve technicians for certain
duty overseas.
Sec. 1040. Personnel actions involving employees of nonappropriated fund
instrumentalities.
Sec. 1041. Coverage of nonappropriated fund employees under authority
for flexible and compressed work schedules.
Sec. 1042. Limitation on provision of overseas living quarters
allowances for nonappropriated fund
instrumentality employees.
Sec. 1043. Elections relating to retirement coverage.
Sec. 1044. Extension of temporary authority to pay civilian employees
with respect to the evacuation from Guantanamo,
Cuba.
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1051. Report on fiscal year 1997 budget submission regarding Guard
and Reserve components.
[[Page 110 STAT. 195]]
Sec. 1052. Report on desirability and feasibility of providing authority
for use of funds derived from recovered losses
resulting from contractor fraud.
Sec. 1053. Report of national policy on protecting the national
information infrastructure against strategic
attacks.
Sec. 1054. Report on Department of Defense boards and commissions.
Sec. 1055. Date for submission of annual report on special access
programs.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
Sec. 1061. Repeal of miscellaneous provisions of law.
Sec. 1062. Reports required by title 10, United States Code.
Sec. 1063. Reports required by defense authorization and appropriations
Acts.
Sec. 1064. Reports required by other provisions of law.
Subtitle G--Department of Defense Education Programs
Sec. 1071. Continuation of Uniformed Services University of the Health
Sciences.
Sec. 1072. Additional graduate schools and programs at Uniformed
Services University of the Health Sciences.
Sec. 1073. Funding for adult education programs for military personnel
and dependents outside the United States.
Sec. 1074. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 1075. Sharing of personnel of Department of Defense domestic
dependent schools and defense dependents'
education system.
Sec. 1076. Increase in reserve component Montgomery GI Bill educational
assistance allowance with respect to skills or
specialties for which there is a critical shortage
of personnel.
Sec. 1077. Date for annual report on reserve component Montgomery GI
Bill educational assistance program.
Sec. 1078. Scope of education programs of Community College of the Air
Force.
Sec. 1079. Amendments to education loan repayment programs.
Subtitle H--Other Matters
Sec. 1081. National defense technology and industrial base, defense
reinvestment, and defense conversion programs.
Sec. 1082. Ammunition industrial base.
Sec. 1083. Policy concerning excess defense industrial capacity.
Sec. 1084. Sense of Congress concerning access to secondary school
student information for recruiting purposes.
Sec. 1085. Disclosure of information concerning unaccounted for United
States personnel from the Korean Conflict, the
Vietnam era, and the Cold War.
Sec. 1086. Operational support airlift aircraft fleet.
Sec. 1087. Civil Reserve Air Fleet.
Sec. 1088. Damage or loss to personal property due to emergency
evacuation or extraordinary circumstances.
Sec. 1089. Authority to suspend or terminate collection actions against
deceased members.
Sec. 1090. Check cashing and exchange transactions for dependents of
United States Government personnel.
Sec. 1091. Designation of National Maritime Center.
Sec. 1092. Sense of Congress regarding historic preservation of Midway
Islands.
Sec. 1093. Sense of Senate regarding Federal spending.
Sec. 1094. Extension of authority for vessel war risk insurance.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
Sec. 1101. Short title.
Sec. 1102. References to Uniform Code of Military Justice.
Subtitle A--Offenses
Sec. 1111. Refusal to testify before court-martial.
Sec. 1112. Flight from apprehension.
Sec. 1113. Carnal knowledge.
Subtitle B--Sentences
Sec. 1121. Effective date for forfeitures of pay and allowances and
reductions in grade by sentence of court-martial.
Sec. 1122. Required forfeiture of pay and allowances during confinement.
Sec. 1123. Deferment of confinement.
Subtitle C--Pretrial and Post-Trial Actions
[[Page 110 STAT. 196]]
Sec. 1131. Article 32 investigations.
Sec. 1132. Submission of matters to the convening authority for
consideration.
Sec. 1133. Commitment of accused to treatment facility by reason of lack
of mental capacity or mental responsibility.
Subtitle D--Appellate Matters
Sec. 1141. Appeals by the United States.
Sec. 1142. Repeal of termination of authority for Chief Justice of the
United States to designate Article III judges for
temporary service on Court of Appeals for the
Armed Forces.
Subtitle E--Other Matters
Sec. 1151. Advisory committee on criminal law jurisdiction over
civilians accompanying the Armed Forces in time of
armed conflict.
Sec. 1152. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 1153. Technical amendment.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs.
Sec. 1202. Fiscal year 1996 funding allocations.
Sec. 1203. Prohibition on use of funds for peacekeeping exercises and
related activities with Russia.
Sec. 1204. Revision to authority for assistance for weapons destruction.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Report on accounting for United States assistance.
Sec. 1207. Limitation on assistance to nuclear weapons scientists of
former Soviet Union.
Sec. 1208. Limitations relating to offensive biological warfare program
of Russia.
Sec. 1209. Limitation on use of funds for chemical weapons destruction
facility.
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
Sec. 1301. Limitation on use of Department of Defense funds for United
States share of costs of United Nations
peacekeeping activities.
Subtitle B--Humanitarian Assistance Programs
Sec. 1311. Overseas humanitarian, disaster, and civic aid programs.
Sec. 1312. Humanitarian assistance.
Sec. 1313. Landmine clearance program.
Subtitle C--Arms Exports and Military Assistance
Sec. 1321. Defense export loan guarantees.
Sec. 1322. National security implications of United States export
control policy.
Sec. 1323. Department of Defense review of export licenses for certain
biological pathogens.
Sec. 1324. Annual reports on improving export control mechanisms and on
military assistance.
Sec. 1325. Report on personnel requirements for control of transfer of
certain weapons.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Sec. 1331. Accounting for burdensharing contributions.
Sec. 1332. Authority to accept contributions for expenses of relocation
within host nation of United States Armed Forces
overseas.
Sec. 1333. Revised goal for allied share of costs for United States
installations in Europe.
Sec. 1334. Exclusion of certain forces from European end strength
limitation.
Sec. 1335. Cooperative research and development agreements with NATO
organizations.
Sec. 1336. Support services for the Navy at the port of Haifa, Israel.
Subtitle E--Other Matters
Sec. 1341. Prohibition on financial assistance to terrorist countries.
Sec. 1342. Judicial assistance to the International Tribunal for
Yugoslavia and to the International Tribunal for
Rwanda.
[[Page 110 STAT. 197]]
Sec. 1343. Semiannual reports concerning United States-People's Republic
of China Joint Defense Conversion Commission.
TITLE XIV--ARMS CONTROL MATTERS
Sec. 1401. Revision of definition of landmine for purposes of landmine
export moratorium.
Sec. 1402. Reports on moratorium on use by Armed Forces of antipersonnel
landmines.
Sec. 1403. Extension and amendment of counter-proliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1405. Congressional findings and sense of Congress concerning
treaty violations.
Sec. 1406. Sense of Congress on ratification of Chemical Weapons
Convention and START II Treaty.
Sec. 1407. Implementation of arms control agreements.
Sec. 1408. Iran and Iraq arms nonproliferation.
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1501. Amendments related to Reserve Officer Personnel Management
Act.
Sec. 1502. Amendments to reflect name change of Committee on Armed
Services of the House of Representatives.
Sec. 1503. Miscellaneous amendments to title 10, United States Code.
Sec. 1504. Miscellaneous amendments to annual defense authorization
Acts.
Sec. 1505. Miscellaneous amendments to other laws.
Sec. 1506. Coordination with other amendments.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
Sec. 1601. Short title.
Subtitle A--Establishment and Operation of Corporation
Sec. 1611. Establishment of the Corporation.
Sec. 1612. Conduct of Civilian Marksmanship Program.
Sec. 1613. Eligibility for participation in Civilian Marksmanship
Program.
Sec. 1614. Issuance, loan, and sale of firearms and ammunition by the
Corporation.
Sec. 1615. Transfer of firearms and ammunition from the Army to the
Corporation.
Sec. 1616. Reservation by the Army of firearms and ammunition for the
Corporation.
Sec. 1617. Army logistical support for the program.
Sec. 1618. General authorities of the Corporation.
Sec. 1619. Distribution of Corporate assets in event of dissolution.
Subtitle B--Transitional Provisions
Sec. 1621. Transfer of funds and property to the Corporation.
Sec. 1622. Continuation of eligibility for certain civil service
benefits for former Federal employees of Civilian
Marksmanship Program.
Sec. 1623. Certification of completion of transition.
Sec. 1624. Repeal of authority for conduct of Civilian Marksmanship
Program by the Army.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations
to clarify availability of funds for large
anechoic chamber facility, Patuxent River Naval
Warfare Center, Maryland.
[[Page 110 STAT. 198]]
Sec. 2206. Authority to carry out land acquisition project, Hampton
Roads, Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
Sec. 2208. Acquisition or construction of military family housing in
vicinity of San Diego, California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for
construction of family housing, Scott Air Force
Base, Illinois.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Limitations on use of Department of Defense Base Closure
Account 1990.
Sec. 2407. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2408. Reduction in amounts authorized to be appropriated for fiscal
year 1994 contingency construction projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal
year 1994 Air National Guard Projects.
Sec. 2603. Correction in authorized uses of funds for Army National
Guard projects in Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992
projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
Sec. 2801. Alternative authority for construction and improvement of
military housing.
Sec. 2802. Expansion of authority for limited partnerships for
development of military family housing.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
Sec. 2811. Special threshold for unspecified minor construction projects
to correct life, health, or safety deficiencies.
Sec. 2812. Clarification of scope of unspecified minor construction
authority.
Sec. 2813. Temporary authority to waive net floor area limitation for
family housing acquired in lieu of construction.
Sec. 2814. Reestablishment of authority to waive net floor area
limitation on acquisition by purchase of certain
military family housing.
Sec. 2815. Temporary authority to waive limitations on space by pay
grade for military family housing units.
Sec. 2816. Rental of family housing in foreign countries.
Sec. 2817. Clarification of scope of report requirement on cost
increases under contracts for military family
housing construction.
Sec. 2818. Authority to convey damaged or deteriorated military family
housing.
Sec. 2819. Energy and water conservation savings for the Department of
Defense.
Sec. 2820. Extension of authority to enter into leases of land for
special operations activities.
[[Page 110 STAT. 199]]
Sec. 2821. Disposition of amounts recovered as a result of damage to
real property.
Sec. 2822. Pilot program to provide interest rate buy down authority on
loans for housing within housing shortage areas at
military installations.
Subtitle C--Defense Base Closure and Realignment
Sec. 2831. Deposit of proceeds from leases of property located at
installations being closed or realigned.
Sec. 2832. In-kind consideration for leases at installations to be
closed or realigned.
Sec. 2833. Interim leases of property approved for closure or
realignment.
Sec. 2834. Authority to lease property requiring environmental
remediation at installations approved for closure
or realignment.
Sec. 2835. Final funding for Defense Base Closure and Realignment
Commission.
Sec. 2836. Exercise of authority delegated by the Administrator of
General Services.
Sec. 2837. Lease back of property disposed from installations approved
for closure or realignment.
Sec. 2838. Improvement of base closure and realignment process regarding
disposal of property.
Sec. 2839. Agreements for certain services at installations being
closed.
Sec. 2840. Authority to transfer property at military installations to
be closed to persons who construct or provide
military family housing.
Sec. 2841. Use of single base closure authorities for disposal of
property and facilities at Fort Holabird,
Maryland.
Subtitle D--Land Conveyances Generally
Part I--Army Conveyances
Sec. 2851. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2852. Transfer of jurisdiction, Fort Bliss, Texas.
Sec. 2853. Transfer of jurisdiction and land conveyance, Fort Devens
Military Reservation, Massachusetts.
Sec. 2854. Modification of land conveyance, Fort Belvoir, Virginia.
Sec. 2855. Land exchange, Fort Lewis, Washington.
Sec. 2856. Land exchange, Army Reserve Center, Gainesville, Georgia.
Sec. 2857. Land conveyance, Holston Army Ammunition Plant, Mount Carmel,
Tennessee.
Sec. 2858. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2859. Land conveyance, Fort Ord, California.
Sec. 2860. Land conveyance, Parks Reserve Forces Training Area, Dublin,
California.
Sec. 2861. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2862. Land conveyance, Army Reserve Property, Fort Sheridan,
Illinois.
Sec. 2863. Land conveyance, property underlying Cummins Apartment
Complex, Fort Holabird, Maryland.
Sec. 2864. Modification of existing land conveyance, Army property,
Hamilton Air Force Base, California.
Part II--Navy Conveyances
Sec. 2865. Transfer of jurisdiction, Naval Weapons Industrial Reserve
Plant, Calverton, New York.
Sec. 2866. Modification of land conveyance, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2867. Land conveyance alternative to existing lease authority,
Naval Supply Center, Oakland, California.
Sec. 2868. Land conveyance, Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
Sec. 2869. Land conveyance, Naval Surface Warfare Center, Memphis,
Tennessee.
Sec. 2870. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2871. Land conveyance, Naval Communications Station, Stockton,
California.
Sec. 2872. Lease of property, Naval Air Station and Marine Corps Air
Station, Miramar, California.
Part III--Air Force Conveyances
Sec. 2874. Land acquisition or exchange, Shaw Air Force Base, South
Carolina.
Sec. 2875. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2876. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2877. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2878. Land conveyance, Avon Park Air Force Range, Florida.
Subtitle E--Land Conveyances Involving Utilities
[[Page 110 STAT. 200]]
Sec. 2881. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2882. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2883. Conveyance of electricity distribution system, Fort Irwin,
California.
Sec. 2884. Conveyance of water treatment plant, Fort Pickett, Virginia.
Subtitle F--Other Matters
Sec. 2891. Authority to use funds for certain educational purposes.
Sec. 2892. Department of Defense Laboratory Revitalization Demonstration
Program.
Sec. 2893. Authority for Port Authority of State of Mississippi to use
Navy property at Naval Construction Battalion
Center, Gulfport, Mississippi.
Sec. 2894. Prohibition on joint use of Naval Air Station and Marine
Corps Air Station, Miramar, California.
Sec. 2895. Report regarding Army water craft support facilities and
activities.
Sec. 2896. Residual value reports.
Sec. 2897. Sense of Congress and report regarding Fitzsimons Army
Medical Center, Colorado.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
Sec. 2901. Short title.
Sec. 2902. Definitions.
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
Sec. 2911. Principles of transfer.
Sec. 2912. Transfer of management responsibilities and jurisdiction over
Arsenal.
Sec. 2913. Responsibility and liability.
Sec. 2914. Establishment and administration of Midewin National
Tallgrass Prairie.
Sec. 2915. Special management requirements for Midewin National
Tallgrass Prairie.
Sec. 2916. Special transfer rules for certain Arsenal parcels intended
for MNP.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
Sec. 2921. Conveyance of certain real property at Arsenal for a national
cemetery.
Sec. 2922. Conveyance of certain real property at Arsenal for a county
landfill.
Sec. 2923. Conveyance of certain real property at Arsenal for industrial
parks.
Subtitle C--Miscellaneous Provisions
Sec. 2931. Degree of environmental cleanup.
Sec. 2932. Retention of property used for environmental cleanup.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
[[Page 110 STAT. 201]]
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production program.
Sec. 3134. Payment of penalties.
Sec. 3135. Fissile materials disposition.
Sec. 3136. Tritium recycling.
Sec. 3137. Manufacturing infrastructure for refabrication and
certification of nuclear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
Sec. 3139. Limitation on authority to conduct hydronuclear tests.
Sec. 3140. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3141. Limitation on use of funds for certain research and
development purposes.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Sec. 3144. Department of Energy Declassification Productivity
Initiative.
Subtitle D--Other Matters
Sec. 3151. Report on foreign tritium purchases.
Sec. 3152. Study on nuclear test readiness postures.
Sec. 3153. Master plan for the certification, stewardship, and
management of warheads in the nuclear weapons
stockpile.
Sec. 3154. Prohibition on international inspections of Department of
Energy facilities unless protection of restricted
data is certified.
Sec. 3155. Review of certain documents before declassification and
release.
Sec. 3156. Accelerated schedule for environmental restoration and waste
management activities.
Sec. 3157. Sense of Congress regarding certain environmental restoration
requirements.
Sec. 3158. Responsibility for Defense Programs Emergency Response
Program.
Sec. 3159. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1996.
Sec. 3160. Report on hydronuclear testing.
Sec. 3161. Applicability of Atomic Energy Community Act of 1955 to Los
Alamos, New Mexico.
Sec. 3162. Sense of Congress regarding shipments of spent nuclear fuel.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of chromite and manganese ores and chromium ferro
and manganese metal electrolytic.
Sec. 3304. Restrictions on disposal of manganese ferro.
Sec. 3305. Titanium initiative to support battle tank upgrade program.
Subtitle B--Programmatic Change
Sec. 3311. Transfer of excess defense-related materials to stockpile for
disposal.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1996.
Sec. 3403. Extension of operating contract for Naval Petroleum Reserve
Num bered 1.
Subtitle B--Sale of Naval Petroleum Reserve
Sec. 3411. Definitions.
Sec. 3412. Sale of Naval Petroleum Reserve Numbered 1.
Sec. 3413. Effect of sale of reserve.
[[Page 110 STAT. 202]]
Sec. 3414. Conditions on sale process.
Sec. 3415. Treatment of State of California claim regarding reserve.
Sec. 3416. Study of future of other naval petroleum reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B--Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of Commission as Government corporation.
Sec. 3523. Supervisory Board.
Sec. 3524. General and specific powers of Commission.
Sec. 3525. Congressional review of budget.
Sec. 3526. Audits.
Sec. 3527. Prescription of measurement rules and rates of tolls.
Sec. 3528. Procedures for changes in rules of measurement and rates of
tolls.
Sec. 3529. Miscellaneous technical amendments.
Sec. 3530. Conforming amendment to title 31, United States Code.
DIVISION D--FEDERAL ACQUISITION REFORM
Sec. 4001. Short title.
TITLE XLI--COMPETITION
Sec. 4101. Efficient competition.
Sec. 4102. Efficient approval procedures.
Sec. 4103. Efficient competitive range determinations.
Sec. 4104. Preaward debriefings.
Sec. 4105. Design-build selection procedures.
TITLE XLII--COMMERCIAL ITEMS
Sec. 4201. Commercial item exception to requirement for certified cost
or pricing data.
Sec. 4202. Application of simplified procedures to certain commercial
items.
Sec. 4203. Inapplicability of certain procurement laws to commercially
available off-the-shelf items.
Sec. 4204. Amendment of commercial items definition.
Sec. 4205. Inapplicability of cost accounting standards to contracts and
subcontracts for commercial items.
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
Sec. 4301. Elimination of certain certification requirements.
Sec. 4302. Authorities conditioned on FACNET capability.
Sec. 4303. International competitiveness.
Sec. 4304. Procurement integrity.
Sec. 4305. Further acquisition streamlining provisions.
Sec. 4306. Value engineering for Federal agencies.
Sec. 4307. Acquisition workforce.
Sec. 4308. Demonstration project relating to certain personnel
management policies and procedures.
Sec. 4309. Cooperative purchasing.
Sec. 4310. Procurement notice technical amendment.
Sec. 4311. Micro-purchases without competitive quotations.
Subtitle B--Technical Amendments
Sec. 4321. Amendments related to Federal Acquisition Streamlining Act of
1994.
Sec. 4322. Miscellaneous amendments to Federal acquisition laws.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
Sec. 4401. Effective date and applicability.
Sec. 4402. Implementing regulations.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Sec. 5001. Short title.
[[Page 110 STAT. 203]]
Sec. 5002. Definitions.
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
Sec. 5101. Repeal of central authority of the Administrator of General
Services.
Subtitle B--Director of the Office of Management and Budget
Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.
Subtitle C--Executive Agencies
Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.
Subtitle D--Other Responsibilities
Sec. 5131. Responsibilities regarding efficiency, security, and privacy
of Federal computer systems.
Sec. 5132. Sense of Congress.
Subtitle E--National Security Systems
Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.
Subtitle B--Specific Pilot Programs
Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the
directory established under section 4101 of title
44, United States Code.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge
to contracting action.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.
[[Page 110 STAT. 204]]
Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to
paperwork reduction.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
SEC. 4. EXTENSION OF TIME FOR SUBMISSION OF REPORTS.
In the case of any provision of this Act, or any amendment made by a
provision of this Act, requiring the submission of a report to Congress
(or any committee of Congress), that report shall be submitted not later
than the later of--
(1) the date established for submittal of the report in such
provision or amendment; or
(2) the date that is 45 days after the date of the enactment
of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Army as follows:
(1) For aircraft, $1,558,805,000.
(2) For missiles, $865,555,000.
(3) For weapons and tracked combat vehicles, $1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,572,394,000.
(2) For weapons, including missiles and torpedoes,
$1,659,827,000.
(3) For shipbuilding and conversion, $6,643,958,000.
(4) For other procurement, $2,414,771,000.
[[Page 110 STAT. 205]]
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Marine Corps in the amount
of $458,947,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $430,053,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Air Force as follows:
(1) For aircraft, $7,349,783,000.
(2) For missiles, $2,938,883,000.
(3) For ammunition, $343,848,000.
(4) For other procurement, $6,268,430,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1996
for Defense-wide procurement in the amount of $2,124,379,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $160,000,000.
(2) For the Air National Guard, $255,000,000.
(3) For the Army Reserve, $85,700,000.
(4) For the Naval Reserve, $67,000,000.
(5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1996
for procurement for the Inspector General of the Department of Defense
in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1996
the amount of $672,250,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the Department of Defense for procurement for carrying out health
care programs, projects, and activities of the Department of Defense in
the total amount of $288,033,000.
[[Page 110 STAT. 206]]
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF OH-58D ARMED KIOWA WARRIOR HELICOPTERS.
The prohibition in section 133(a)(2) of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189;
103 Stat. 1383) does not apply to the obligation of funds in amounts not
to exceed $140,000,000 for the procurement of not more than 20 OH-58D
Armed Kiowa Warrior aircraft from funds appropriated for fiscal year
1996 pursuant to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act (22
U.S.C. 2761) is repealed.
SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.
The Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into multiyear procurement contracts
for procurement of the following:
(1) AH-64D Longbow Apache attack helicopters.
(2) UH-60 Black Hawk utility helicopters.
SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army shall
submit to Congress a report on plans to procure T700-701C engine upgrade
kits for Army AH-64D helicopters. The report shall include--
(1) a plan to provide for the upgrade of all Army AH-64D
helicopters with T700-701C engine kits commencing in fiscal year
1996; and
(2) a detailed timeline and statement of funding
requirements for the engine upgrade program described in
paragraph (1).
SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED MULTIYEAR
PROCUREMENT AUTHORITY FOR ARMY SMALL ARMS PROCUREMENT.
(a) Requirement.--The Secretary of the Army (subject to the
provision of authority in an appropriations Act) shall enter into a
multiyear procurement contract during fiscal year 1997 in accordance
with section 115(b)(2) of the National Defense Authorization for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2681).
(b) Technical Amendment.--Section 115(b)(1) of the National Defense
Authorization for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2681)
is amended by striking out ``2306(h)'' and inserting in lieu thereof
``2306b''.
Subtitle C--Navy Programs
SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) Amounts Authorized.--(1) Of the amount authorized by section 102
to be appropriated for Shipbuilding and Conversion, Navy, for fiscal
year 1996--
[[Page 110 STAT. 207]]
(A) $700,000,000 is available for construction of the third
vessel (designated SSN-23) in the Seawolf attack submarine
class, which shall be the final vessel in that class; and
(B) $804,498,000 is available for long-lead and advance
construction and procurement of components for construction of
the fiscal year 1998 and fiscal year 1999 submarines (previously
designated by the Navy as the New Attack Submarine), of which--
(i) $704,498,000 shall be available for long-lead
and advance construction and procurement for the fiscal
year 1998 submarine, which shall be built by Electric
Boat Division; and
(ii) $100,000,000 shall be available for long-lead
and advance construction and procurement for the fiscal
year 1999 submarine, which shall be built by Newport
News Shipbuilding.
(2) Of the amount authorized by section 201(2), $10,000,000 shall be
available only for participation of Newport News Shipbuilding in the
design of the submarine previously designated by the Navy as the New
Attack Submarine.
(b) Competition, Report, and Budget Revision Limitations.--(1) Of
the amounts specified in subsection (a)(1), not more than $200,000,000
may be obligated or expended until the Secretary of the Navy certifies
in writing to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives that
procurement of nuclear attack submarines to be constructed beginning--
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for in the
plan described in subsection (c), after fiscal year 2001,
will be under one or more contracts that are entered into after
competition between potential competitors (as defined in subsection (k))
in which the Secretary solicits competitive proposals and awards the
contract or contracts on the basis of price.
(2) Of the amounts specified in subsection (a)(1), not more than
$1,000,000,000 may be obligated or expended until the Secretary of
Defense, not later than March 15, 1996, accomplishes each of the
following:
(A) Submits to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives in accordance with subsection (c) the plan
required by that subsection for a program to produce a more
capable, less expensive nuclear attack submarine than the
submarine design previously designated by the Navy as the New
Attack Submarine.
(B) Notwithstanding any other provision of law, or the
funding level in the President's budget for each year after
fiscal year 1996, the Under Secretary of Defense (Comptroller)
shall incorporate the costs of the plan required by subsection
(c) in the Future Years Defense Program (FYDP) even if the total
cost of that Program exceeds the President's budget.
(C) Directs that the Under Secretary of Defense for
Acquisition and Technology conduct oversight over the
development and improvement of the nuclear attack submarine
program of the Navy. Officials of the Department of the Navy
exercising management oversight of the program shall report to
the Under
[[Page 110 STAT. 208]]
Secretary of Defense for Acquisition and Technology with respect
to that program.
(c) Plan for Fiscal Year 1998, 1999, 2000, and 2001 Submarines.--(1)
The Secretary of Defense shall, not later than March 15, 1996, develop
(and submit to the committees specified in subsection (b)(2)(A)) a
detailed plan for development of a program that will lead to production
of a more capable, less expensive submarine than the submarine
previously designated as the New Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a program
for the design, development, and procurement of four nuclear attack
submarines to be procured during fiscal years 1998 through 2001, the
purpose of which shall be to develop and demonstrate new technologies
that will result in each successive submarine of those four being a more
capable and more affordable submarine than the submarine that preceded
it. The program shall be structured so that--
(A) one of the four submarines is to be constructed with
funds appropriated for each fiscal year from fiscal year 1998
through fiscal year 2001;
(B) in order to ensure flexibility for innovation, the
fiscal year 1998 and the fiscal year 2000 submarines are to be
constructed by the Electric Boat Division and the fiscal year
1999 and the fiscal year 2001 submarines are to be constructed
by Newport News Shipbuilding;
(C) the design designated by the Navy for the submarine
previously designated as the New Attack Submarine will be used
as the base design by both contractors;
(D) each contractor shall be called upon to propose
improvements, including design improvements, for each successive
submarine as new and better technology is demonstrated and
matures so that--
(i) each successive submarine is more capable and
more affordable; and
(ii) the design for a future class of nuclear attack
submarines will incorporate the latest, best, and most
affordable technology; and
(E) the fifth and subsequent nuclear attack submarines to be
built after the SSN-23 submarine shall be procured as required
by subsection (b)(1).
(3) The plan under paragraph (1) shall--
(A) set forth a program to accomplish the design,
development, and construction of the four submarines taking
maximum advantage of a streamlined acquisition process, as
provided under subsection (d);
(B) culminate in selection of a design for a next submarine
for serial production not earlier than fiscal year 2003, with
such submarine to be procured as required by subsection (b)(1);
(C) identify advanced technologies that are in various
phases of research and development, as well as those that are
commercially available off-the-shelf, that are candidates to be
incorporated into the plan to design, develop, and procure the
submarines;
(D) designate the fifth submarine to be procured as the lead
ship in the next generation submarine class, unless the
Secretary of the Navy, in consultation with the special
submarine review panel described in subsection (f), determines
[[Page 110 STAT. 209]]
that more submarines should be built before the design of the
new class of submarines is fixed, in which case each such
additional submarine shall be procured in the same manner as is
required by subsection (b)(1); and
(E) identify the impact of the submarine program described
in paragraph (1) on the remainder of the appropriation account
known as ``Shipbuilding and Conversion, Navy'', as such impact
relates to--
(i) force structure levels required by the October
1993 Department of Defense report entitled ``Report on
the Bottom-Up Review'';
(ii) force structure levels required by the 1995
report on the Surface Ship Combatant Study that was
carried out for the Department of Defense; and
(iii) the funding requirements for submarine
construction, as a percentage of the total ship
construction account, for each fiscal year throughout
the FYDP.
(4) As part of such plan, the Secretary shall provide--
(A) cost estimates and schedules for developing new
technologies that may be used to make submarines more capable
and more affordable; and
(B) an analysis of significant risks associated with
fielding the new technologies on the schedule proposed by the
Secretary and significant increased risks that are likely to be
incurred by accelerating that schedule.
(d) Streamlined Acquisition Process.--The Secretary of Defense shall
prescribe and use streamlined acquisition policies and procedures to
reduce the cost and increase the efficiency of the submarine program
under this section.
(e) Annual Revisions to Plan.--The Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives an annual update to the plan
required to be submitted under subsection (b). Each such update shall be
submitted concurrent with the President's budget submission to Congress
for each of fiscal years 1998 through 2002.
(f) Special Submarine Review Panel.--(1) The plan under subsection
(c) and each annual update under subsection (e) shall be reviewed by a
special bipartisan congressional panel working with the Navy. The panel
shall consist of three members of the Committee on Armed Services of the
Senate, who shall be designated by the chairman of that committee, and
three members of the Committee on National Security of the House of
Representatives, who shall be designated by the chairman of that
committee. The members of the panel shall be briefed by the Secretary of
the Navy on the status of the submarine modernization program and the
status of submarine-related research and development under this section.
(2) <<NOTE: Reports.>> Not later than May 1 of each year, the panel
shall report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives on the
panel's findings and recommendations regarding the progress of the
Secretary in procuring a more capable, less expensive submarine. The
panel may recommend any funding adjustments it believes appropriate to
achieve this objective.
(g) Linkage of Fiscal Year 1998 and 1999 Submarines.--Funds referred
to in subsection (a)(1)(B) that are available for
[[Page 110 STAT. 210]]
the fiscal year 1998 and fiscal year 1999 submarines under this section
may not be expended during fiscal year 1996 for the fiscal year 1998
submarine (other than for design) unless funds are obligated or expended
during such fiscal year for a contract in support of procurement of the
fiscal year 1999 submarine.
(h) Contracts Authorized.--The Secretary of the Navy is authorized,
using funds available pursuant to paragraph (1)(B) of subsection (a), to
enter into contracts with Electric Boat Division and Newport News
Shipbuilding, and suppliers of components, during fiscal year 1996 for--
(1) the procurement of long-lead components for the fiscal
year 1998 submarine and the fiscal year 1999 submarine under
this section; and
(2) advance construction of such components and other
components for such submarines.
(i) Advanced Research Projects Agency Development of Advanced
Technologies.--(1) Of the amount provided in section 201(4) for the
Advanced Research Projects Agency, $100,000,000 is available only for
development and demonstration of advanced technologies for incorporation
into the submarines constructed as part of the plan developed under
subsection (c). Such advanced technologies shall include the following:
(A) Electric drive.
(B) Hydrodynamic quieting.
(C) Ship control automation.
(D) Solid-state power electronics.
(E) Wake reduction technologies.
(F) Superconductor technologies.
(G) Torpedo defense technologies.
(H) Advanced control concept.
(I) Fuel cell technologies.
(J) Propulsors.
(2) The Director of the Advanced Research Projects Agency shall
implement a rapid prototype acquisition strategy for both land-based and
at-sea subsystem and system demonstrations of advanced technologies
under paragraph (1). Such acquisition strategy shall be developed and
implemented in concert with Electric Boat Division and Newport News
Shipbuilding and the Navy.
(j) References to Contractors.--For purposes of this section--
(1) the contractor referred to as ``Electric Boat Division''
is the Electric Boat Division of the General Dynamics
Corporation; and
(2) the contractor referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and Drydock
Company.
(k) Potential Competitor Defined.--For purposes of this section, the
term ``potential competitor'' means any source to which the Secretary of
the Navy has awarded, within 10 years before the date of the enactment
of this Act, a contract or contracts to construct one or more nuclear
attack submarines.
SEC. 132. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Of the amount appropriated for fiscal year 1996 for the National
Defense Sealift Fund, $50,000,000 shall be available only for the
Director of the Advanced Research Projects Agency for advanced submarine
technology activities.
[[Page 110 STAT. 211]]
SEC. 133. COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection (b), the
total amount obligated or expended for procurement of the SSN-21, SSN-
22, and SSN-23 Seawolf class submarines may not exceed $7,223,659,000.
(b) Automatic Increase of Limitation Amount.--The amount of the
limitation set forth in subsection (a) is increased by the following
amounts:
(1) The amounts of outfitting costs and post-delivery costs
incurred for the submarines referred to in such subsection.
(2) The amounts of increases in costs attributable to
economic inflation after September 30, 1995.
(3) The amounts of increases in costs attributable to
compliance with changes in Federal, State, or local laws enacted
after September 30, 1995.
(c) Repeal of Superseded Provision.--Section 122 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2682) is repealed.
SEC. 134. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUBMARINES.
Section 124 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2683) is repealed.
SEC. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authorization for Procurement of Six Vessels.--The Secretary of
the Navy is authorized to construct six Arleigh Burke class destroyers
in accordance with this section. Within the amount authorized to be
appropriated pursuant to section 102(a)(3), $2,169,257,000 is authorized
to be appropriated for construction (including advance procurement) for
the Arleigh Burke class destroyers.
(b) Contracts.--(1) The Secretary is authorized to enter into
contracts in fiscal year 1996 for the construction of three Arleigh
Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to enter into
contracts for the construction of the other three Arleigh Burke class
destroyers covered by subsection (a), subject to the availability of
appropriations for such destroyers.
(3) In awarding contracts for the six vessels covered by subsection
(a), the Secretary shall continue the contract award pattern and
sequence used by the Secretary for the procurement of Arleigh Burke
class destroyers during fiscal years 1994 and 1995.
(4) A contract for construction of a vessel or vessels that is
entered into in accordance with paragraph (1) shall include a clause
that limits the liability of the Government to the contractor for any
termination of the contract. The maximum liability of the Government
under the clause shall be the amount appropriated for the vessel or
vessels.
(c) Use of Available Funds.--(1) Subject to paragraph (2), the
Secretary may take appropriate actions to use for full funding of a
contract entered into in accordance with subsection (b)--
(A) any funds that, having been appropriated for
shipbuilding and conversion programs of the Navy other than
Arleigh Burke class destroyer programs pursuant to the
authorization in section 102(a)(3), become excess to the needs
of the Navy
[[Page 110 STAT. 212]]
for such programs by reason of cost savings achieved for such
programs;
(B) any unobligated funds that are available to the
Secretary for shipbuilding and conversion for any fiscal year
before fiscal year 1996; and
(C) any funds that are appropriated after the date of the
enactment of the Department of Defense Appropriations Act, 1996,
to complete the full funding of the contract.
(2) The Secretary may not, in the exercise of authority provided in
subparagraph (A) or (B) of paragraph (1), obligate funds for a contract
entered into in accordance with subsection (b) until 30 days after the
date on which the Secretary submits to the congressional defense
committees in writing a notification of the intent to obligate the
funds. The notification shall set forth the source or sources of the
funds and the amount of the funds from each such source that is to be so
obligated.
SEC. 136. ACQUISITION PROGRAM FOR CRASH ATTENUATING SEATS.
(a) Program Authorized.--The Secretary of the Navy shall establish a
program to procure for, and install in, H-53E military transport
helicopters commercially developed, energy absorbing, crash attenuating
seats that the Secretary determines are consistent with military
specifications for seats for such helicopters.
(b) Funding.--To the extent provided in appropriations Acts, of the
unobligated balance of amounts appropriated for the Legacy Resource
Management Program pursuant to the authorization of appropriations in
section 301(5) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2706), not more than $10,000,000
shall be available to the Secretary of the Navy, by transfer to the
appropriate accounts, for carrying out the program authorized in
subsection (a).
SEC. 137. T-39N TRAINER AIRCRAFT.
(a) Limitation.--The Secretary of the Navy may not enter into a
contract, using funds appropriated for fiscal year 1996 for procurement
of aircraft for the Navy, for the acquisition of the aircraft described
in subsection (b) until 60 days after the date on which the Under
Secretary of Defense for Acquisition and Technology submits to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives--
(1) an analysis of the proposed acquisition of such
aircraft; and
(2) a certification that the proposed acquisition during
fiscal year 1996 (A) is in the best interest of the Government,
and (B) is the most cost effective means of meeting the
requirements of the Navy for aircraft for use in the training of
naval flight officers.
(b) Covered Aircraft.--Subsection (a) applies to certain T-39
trainer aircraft that as of November 1, 1995 (1) are used by the Navy
under a lease arrangement for the training of naval flight officers, and
(2) are offered for sale to the Government.
SEC. 138. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than one-sixth of the amount appropriated pursuant to this
Act for the activities and operations of the Unmanned Aerial Vehicle
Joint Program Office (UAV-JPO), and none of the unobligated balances of
funds appropriated for fiscal years before
[[Page 110 STAT. 213]]
fiscal year 1996 for the activities and operations of such office, may
be obligated until the Secretary of the Navy certifies to the Committee
on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives that funds have been obligated to equip nine Pioneer
Unmanned Aerial Vehicle systems with the Common Automatic Landing and
Recovery System (CARS).
Subtitle D--Air Force Programs
SEC. 141. B-2 AIRCRAFT PROGRAM.
(a) Repeal of Limitations.--The following provisions of law are
repealed:
(1) Section 151(c) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2339).
(2) Sections 131(c) and 131(d) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1569).
(3) Section 133(e) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2688).
(b) Conversion of Limitation to Annual Report Requirement.--Section
112 of the National Defense Authorization Act for Fiscal Years 1990 and
1991 (Public Law 101-189; 103 Stat. 1373) is amended--
(1) by striking out subsection (a);
(2) by striking out the matter in subsection (b) preceding
paragraph (1) and inserting in lieu thereof the following:
``(a) Annual Reporting Requirement.--Not later than March 1 of each
year, the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report that sets forth the finding of the
Secretary (as of January 1 of such year) on each of the following
matters:'';
(3) by striking out ``That'' in paragraphs (1), (2), (3),
(4), and (5) and inserting in lieu thereof ``Whether'';
(4) in paragraph (1), by striking out ``latest'' and all
that follows through ``100-180'' and inserting in lieu thereof
``Requirements Correlation Matrix found in the user-defined
Operational Requirements Document (as contained in Attachment B
to a letter from the Secretary of Defense to Congress dated
October 14, 1993)'';
(5) in paragraph (3), by striking out ``congressional
defense'';
(6) in paragraph (4), by striking out ``such certification
to be submitted'';
(7) by adding at the end the following:
``(b) First Report.--The Secretary shall submit the first annual
report under subsection (a) not later than March 1, 1996.''; and
(8) by amending the section heading to read as follows:
``SEC. 112. ANNUAL REPORT ON B-2 BOMBER AIRCRAFT PROGRAM.''.
(c) Repeal of Condition on Obligation of Funds in Enhanced Bomber
Capability Fund.--Section 133(d)(3) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2688) is amended by striking out ``If,'' and all that follows through
``bombers, the Secretary'' and inserting in lieu thereof ``The
Secretary''.
[[Page 110 STAT. 214]]
SEC. 142. PROCUREMENT OF B-2 BOMBERS.
Of the amount authorized to be appropriated by section 103 for the
B-2 bomber procurement program, not more than $279,921,000 may be
obligated or expended before March 31, 1996.
SEC. 143. MC-130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an award
fee and the procurement of contractor-furnished equipment for the MC-
130H Combat Talon aircraft set forth in section 161(a) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1388) shall cease to apply upon determination by the
Director of Operational Test and Evaluation (and submission of a
certification of that determination to the congressional defense
committees) that, based on the operational test and evaluation and the
analysis conducted on that aircraft to the date of that determination,
such aircraft is operationally effective and meets the needs of its
intended users.
Subtitle E--Chemical Demilitarization Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH
DEVELOPMENT OF CHEMICAL DEMILITARIZATION
CRYOFRACTURE FACILITY AT TOOELE ARMY
DEPOT, UTAH.
Subsection (a) of section 173 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1393)
is repealed.
SEC. 152. <<NOTE: 50 USC 1521 note.>> DESTRUCTION OF EXISTING
STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) In General.--The Secretary of Defense shall proceed with the
program for destruction of the chemical munitions stockpile of the
Department of Defense while maintaining the maximum protection of the
environment, the general public, and the personnel involved in the
actual destruction of the munitions. In carrying out such program, the
Secretary shall use technologies and procedures that will minimize the
risk to the public at each site.
(b) Initiation of Demilitarization Operations.--The Secretary of
Defense may not initiate destruction of the chemical munitions stockpile
stored at a site until the following support measures are in place:
(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
(2) Support measures that are required by the general and
site chemical munitions demilitarization plans specific to that
installation.
(3) Support measures that are required by the permits
required by the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for
chemical munitions demilitarization operations at that
installation, as approved by the appropriate State regulatory agencies.
(c) Assessment of Alternatives.--(1) The Secretary of Defense shall
conduct an assessment of the current chemical demilitarization program
and of measures that could be taken to reduce
[[Page 110 STAT. 215]]
significantly the total cost of the program, while ensuring maximum
protection of the general public, the personnel involved in the
demilitarization program, and the environment. The measures considered
shall be limited to those that would minimize the risk to the public.
The assessment shall be conducted without regard to any limitation that
would otherwise apply to the conduct of such an assessment under any
provision of law.
(2) The assessment shall be conducted in coordination with the
National Research Council.
(3) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
(4) <<NOTE: Reports.>> Not later than March 1, 1996, the Secretary
of Defense shall submit to the congressional defense committees an
interim report assessing the current status of the chemical stockpile
demilitarization program, including the results of the Army's analysis
of the physical and chemical integrity of the stockpile and implications
for the chemical demilitarization program, and providing recommendations
for revisions to that program that have been included in the budget
request of the Department of Defense for fiscal year 1997. The Secretary
shall submit to the congressional defense committees with the submission
of the budget request of the Department of Defense for fiscal year 1998
a final report on the assessment conducted in accordance with paragraph
(1) and recommendations for revision to the program, including an
assessment of alternative demilitarization technologies and processes to
the baseline incineration process and potential reconfiguration of the
stockpile that should be incorporated in the program.
(d) Assistance for Chemical Weapons Stockpile Communities Affected
by Base Closure.--(1) The Secretary of Defense shall review and evaluate
issues associated with closure and reutilization of Department of
Defense facilities co-located with continuing chemical stockpile and
chemical demilitarization operations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these communities
and the unique reuse problems facing local communities
associated with ongoing chemical weapons programs.
(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of these
facilities to local communities for reuse by those communities.
(3) <<NOTE: Reports.>> The Secretary shall submit to the
congressional defense committees a report on the review and evaluation
under this subsection. The report shall be submitted not later than 90
days after the date of the enactment of this Act.
SEC. 153. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PROGRAM.
(a) Travel Funding for Members of Chemical Demilitarization
Citizens' Advisory Commissions.--Section 172(g) of Public Law 102-484
(50 U.S.C. 1521 note) is amended to read as follows:
``(g) Pay and Expenses.--Members of each commission shall receive no
pay for their involvement in the activities of their commissions. Funds
appropriated for the Chemical Stockpile Demilitarization Program may be
used for travel and associated travel costs for Citizens' Advisory
Commissioners, when such travel
[[Page 110 STAT. 216]]
is conducted at the invitation of the Assistant Secretary of the Army
(Research, Development, and Acquisition).''.
(b) Quarterly Report Concerning Travel Funding for Citizens'
Advisory Commissioners.--Section 1412(g) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)), is amended--
(1) by striking out ``(g) Annual Report.--'' and inserting
in lieu thereof ``(g) Periodic Reports.--'';
(2) in paragraph (2)--
(A) by striking out ``Each such report shall con-
tain--'' and inserting in lieu thereof ``Each annual
report shall contain--''
(B) in subparagraph (B)--
(i) by striking out ``and'' at the end of
clause (iv);
(ii) by striking out the period at the end of
clause (v) and inserting in lieu thereof ``;
and''; and
(iii) by adding at the end the following:
``(vi) travel and associated travel costs for
Citizens' Advisory Commissioners under section 172(g) of
Public Law 102-484 (50 U.S.C. 1521 note).'';
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary shall transmit to the Committee on Armed
Services and the Committee on Appropriations of the Senate and the
Committee on National Security and the Committee on Appropriations of
the House of Representatives a quarterly report containing an accounting
of all funds expended (during the quarter covered by the report) for
travel and associated travel costs for Citizens' Advisory Commissioners
under section 172(g) of Public Law 102-484 (50 U.S.C. 1521 note). The
quarterly report for the final quarter of the period covered by a report
under paragraph (1) may be included in that report.''; and
(5) in paragraph (4), as redesignated by paragraph (3)--
(A) by striking out ``this subsection'' and
inserting in lieu thereof ``paragraph (1)''; and
(B) by adding at the end the following: ``No
quarterly report is required under paragraph (3) after
the transmittal of the final report under paragraph
(1).''.
(c) Director of Program.--Section 1412(e)(3) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(e)(3)), is amended by
inserting ``or civilian equivalent'' after ``general officer''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,737,581,000.
[[Page 110 STAT. 217]]
(2) For the Navy, $8,474,783,000.
(3) For the Air Force, $12,914,868,000.
(4) For Defense-wide activities, $9,693,180,000, of which--
(A) $251,082,000 is authorized for the activities of
the Director, Test and Evaluation; and
(B) $22,587,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be appropriated
by section 201, $4,088,879,000 shall be available for basic research and
exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--For
purposes of this section, the term ``basic research and exploratory
development'' means work funded in program elements for defense research
and development under Department of Defense category 6.1 or 6.2.
SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Council Membership.--Section 2902(b) of title 10, United States
Code, is amended--
(1) by striking out ``thirteen'' and inserting in lieu
thereof ``12'';
(2) by striking out paragraph (3);
(3) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), and (10) as paragraphs (3), (4), (5), (6), (7), (8), and
(9), respectively; and
(4) in paragraph (8), as redesignated, by striking out ``,
who shall be nonvoting members''.
(b) Annual Report.--(1) Section 2902 of such title is amended in
subsection (d)--
(A) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) To prepare an annual report that contains the
following:
``(A) A description of activities of the strategic
environmental research and development program carried
out during the fiscal year before the fiscal year in
which the report is prepared.
``(B) A general outline of the activities planned
for the program during the fiscal year in which the
report is prepared.
``(C) A summary of projects continued from the
fiscal year before the fiscal year in which the report
is prepared and projects expected to be started during
the fiscal year in which the report is prepared and
during the following fiscal year.''; and
(B) in paragraph (4), by striking out ``Federal Coordinating
Council on Science, Engineering, and Technology'' and inserting
in lieu thereof ``National Science and Technology Council''.
(2) Section 2902 of such title is further amended--
(A) by striking out subsections (f) and (h);
(B) by redesignating subsection (g) as subsection (f); and
(C) by adding at the end the following new subsection:
[[Page 110 STAT. 218]]
``(g)(1) Not later than February 1 of each year, the Council shall
submit to the Secretary of Defense the annual report prepared pursuant
to subsection (d)(3).
``(2) Not later than March 15 of each year, the Secretary of Defense
shall submit such annual report to Congress, along with such comments as
the Secretary considers appropriate.''.
(3) <<NOTE: 10 USC 2902 note.>> The amendments made by this
subsection shall apply with respect to the annual report prepared during
fiscal year 1997 and each fiscal year thereafter.
(c) Policies and Procedures.--Section 2902(e) of such title is
amended in paragraph (3) by striking out ``programs, particularly'' and
all that follows through the end of the paragraph and inserting in lieu
thereof ``programs;''.
(d) Competitive Procedures.--Section 2903(c) of such title is
amended--
(1) by striking out ``or'' after ``contracts'' and inserting
in lieu thereof ``using competitive procedures. The Executive
Director may enter into''; and
(2) by striking out ``law, except that'' and inserting in
lieu thereof ``law. In either case,''.
(e) Continuation of Expiring Authority.--(1) Section 2903(d) of such
title is amended in paragraph (2) by striking out the last sentence.
(2) <<NOTE: Effective date. 10 USC 2903 note.>> The amendment made
by paragraph (1) shall take effect as of September 29, 1995.
SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE.
(a) Fiscal Year 1996 Amount.--Of the amount authorized to be
appropriated in section 201(4), $195,000,000 shall be available for the
defense dual use technology initiative conducted under chapter 148 of
title 10, United States Code.
(b) Availability of Funds for Existing Technology Reinvestment
Projects.--The Secretary of Defense shall use amounts made available for
the defense dual use technology initiative under subsection (a) only for
the purpose of continuing or completing technology reinvestment projects
that were initiated before October 1, 1995.
(c) Notice Concerning Projects To Be Carried Out.--Of the amounts
made available for the defense dual use technology initiative under
subsection (a)--
(1) $145,000,000 shall be available for obligation only
after the date on which the Secretary of Defense notifies the
congressional defense committees regarding the defense
reinvestment projects to be funded using such funds; and
(2) the remaining $50,000,000 shall be available for
obligation only after the date on which the Secretary of Defense
certifies to the congressional defense committees that the
defense reinvestment projects to be funded using such funds have
been determined by the Joint Requirements Oversight Council to
be of significant military priority.
[[Page 110 STAT. 219]]
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount authorized to be
appropriated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable rocket
technology program.
(b) Limitation.--Funds made available pursuant to subsection (a)(1)
may be obligated only to the extent that the fiscal year 1996 current
operating plan of the National Aeronautics and Space Administration
allocates at least an equal amount for its Reusable Space Launch
program.
SEC. 212. TACTICAL MANNED RECONNAISSANCE.
(a) Limitation.--None of the amounts appropriated or otherwise made
available pursuant to an authorization in this Act may be used by the
Secretary of the Air Force to conduct research, development, test, or
evaluation for a replacement aircraft, pod, or sensor payload for the
tactical manned reconnaissance mission until the report required by
subsection (b) is submitted to the congressional defense committees.
(b) Report.--The Secretary of the Air Force shall submit to the
congressional defense committees a report setting forth in detail
information about the manner in which the funds authorized by section
201 of this Act and section 201 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2690) are
planned to be used during fiscal year 1996 for research, development,
test, and evaluation for the Air Force tactical manned reconnaissance
mission. At a minimum, the report shall include the sources, by program
element, of the funds and the purposes for which the funds are planned
to be used.
SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201, $200,156,000
shall be available for the Joint Advanced Strike Technology (JAST)
program. Of that amount--
(1) $83,795,000 shall be available for program element
63800N in the budget of the Department of Defense for fiscal
year 1996;
(2) $85,686,000 shall be available for program element
63800F in such budget; and
(3) $30,675,000 shall be available for program element
63800E in such budget.
(b) Additional Allocation.--Of the amounts made available under
paragraphs (1), (2), and (3) of subsection (a)--
(1) $25,000,000 shall be available from the amount
authorized to be appropriated pursuant to the authorization in
section 201(2) for the conduct, during fiscal year 1996, of a 6-
month program definition phase for the A/F117X, an F-117 fighter
aircraft modified for use by the Navy as a long-range, medium
attack aircraft; and
(2) $7,000,000 shall be available to provide for competitive
engine concepts.
[[Page 110 STAT. 220]]
(c) Limitation.--Not more than 75 percent of the amount appropriated
for the Joint Advanced Strike Technology program pursuant to the
authorizations in section 201 may be obligated until a period of 30 days
has expired after the report required by subsection (d) is submitted to
the congressional defense committees.
(d) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified and
classified forms, not later than March 1, 1996, that sets forth in
detail the following information for the period 1997 through 2005:
(1) The total joint requirement, assuming the capability to
successfully conduct two nearly simultaneous major regional
contingencies, for the following:
(A) Numbers of bombers, tactical combat aircraft,
and attack helicopters and the characteristics required
of those aircraft in terms of capabilities, range, and
low-observability.
(B) Surface- and air-launched standoff precision
guided munitions.
(C) Cruise missiles.
(D) Ground-based systems, such as the Extended
Range-Multiple Launch Rocket System and the Army
Tactical Missile System (ATACMS), for joint warfighting
capability.
(2) The warning time assumptions for two nearly simultaneous
major regional contingencies, and the effects on future tactical
attack/fighter aircraft requirements using other warning time
assumptions.
(3) The requirements that exist for the Joint Advanced
Strike Technology program that cannot be met by existing
aircraft or by those in development.
SEC. 214. DEVELOPMENT OF LASER PROGRAM.
Of the amount authorized to be appropriated by section 201(2),
$9,000,000 shall be used for the development by the Naval High Energy
Laser Office of a continuous wave, superconducting radio frequency free
electron laser program.
SEC. 215. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317) is amended--
(1) by striking out ``Director, Defense Research and
Engineering'' and inserting in lieu thereof ``Under Secretary of
Defense for Acquisition and Technology''; and
(2) by striking out ``fiscal years 1995 through 1999'' and
inserting in lieu thereof ``fiscal years 1996 through 1999''.
SEC. 216. SPACE-BASED INFRARED SYSTEM.
(a) Program Baseline.--The Secretary of Defense shall establish a
program baseline for the Space-Based Infrared System. Such baseline
shall--
(1) include--
(A) program cost and an estimate of the funds
required for development and acquisition activities for
each fiscal year in which such activities are planned to
be carried out;
[[Page 110 STAT. 221]]
(B) a comprehensive schedule with program milestones
and exit criteria; and
(C) optimized performance parameters for each
segment of an integrated space-based infrared system;
(2) be structured to achieve initial operational capability
of the low earth orbit space segment (the Space and Missile
Tracking System) in fiscal year 2003, with a first launch of
Block I satellites in fiscal year 2002;
(3) ensure integration of the Space and Missile Tracking
System into the architecture of the Space-Based Infrared System;
and
(4) ensure that the performance parameters of all space
segment components are selected so as to optimize the
performance of the Space-Based Infrared System while minimizing
unnecessary redundancy and cost.
(b) Report on Program Baseline.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report, in classified and
unclassified forms as necessary, on the program baseline established
under subsection (a).
(c) Establishment of Program Elements.--In the budget justification
materials submitted to Congress in support of the Department of Defense
budget for any fiscal year after fiscal year 1996 (as submitted in the
budget of the President under section 1105(a) of title 31, United States
Code), the amount requested for the Space-Based Infrared System shall be
set forth in accordance with the following program elements:
(1) Space Segment High.
(2) Space Segment Low (Space and Missile Tracking System).
(3) Ground Segment.
(d) Funding for Fiscal Year 1996.--Of the amounts authorized to be
appropriated pursuant to section 201(3) for fiscal year 1996, or
otherwise made available to the Department of Defense for fiscal year
1996, the following amounts shall be available for the Space-Based
Infrared System:
(1) $265,744,000 for demonstration and validation, of which
$249,824,000 shall be available for the Space and Missile
Tracking System.
(2) $162,219,000 for engineering and manufacturing
development, of which $9,400,000 shall be available for the
Miniature Sensor Technology Integration program.
SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) Agency Funding.--Of the amounts authorized to be appropriated to
the Department of Defense in section 201, $241,703,000 shall be
available for the Defense Nuclear Agency.
(b) Tunnel Characterization and Neutralization Program.--Of the
amount made available under subsection (a), $3,000,000 shall be
available for a tunnel characterization and neutralization program to be
managed by the Defense Nuclear Agency as part of the
counterproliferation activities of the Department of Defense.
(c) Long-Term Radiation Tolerant Microelectronics Program.--(1) Of
the amount made available under subsection (a), $6,000,000 shall be
available for the establishment of a long-term
[[Page 110 STAT. 222]]
radiation tolerant microelectronics program to be managed by the Defense
Nuclear Agency for the purposes of--
(A) providing for the development of affordable and
effective hardening technologies and for incorporation of such
technologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in regional
threat scenarios does not interrupt or defeat the continued
operability of systems of the Armed Forces exposed to the
combined effects of radiation emitted by the weapon.
(2) <<NOTE: Reports.>> Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on how the long-term radiation tolerant microelectronics
program is to be conducted and funded in the fiscal years after fiscal
year 1996 that are covered by the future-years defense program submitted
to Congress in 1995.
(d) Thermionics Program.--Of the amount made available under
subsection (a), $10,000,000 shall be available for the thermionics
program, to be managed by the Defense Nuclear Agency.
(e) Electrothermal Gun Technology Program.--Of the amount made
available under subsection (a), $4,000,000 shall be available for the
electrothermal gun technology program of the Defense Nuclear Agency.
(f) Counterterror Explosives Research Program.--Of the amount made
available under subsection (a), $4,000,000 shall be available for the
counterterror explosives research program of the Defense Nuclear Agency.
(g) Transfer of Unobligated Balance.--The Secretary of Defense shall
transfer to the Defense Nuclear Agency, to be available for the
thermionics program, an amount not to exceed $12,000,000 from the
unobligated balance of funds authorized and appropriated for research,
development, test, and evaluation for fiscal year 1995 for the Air Force
for the Advanced Weapons Program.
SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to the
Department of Defense under section 201(4), $138,237,000 shall be
available for the Counterproliferation Support Program, of which
$30,000,000 shall be available for a tactical antisatellite technologies
program.
(b) Additional Authority To Transfer Authorizations.--(1) In
addition to the transfer authority provided in section 1001, upon
determination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in this
division for fiscal year 1996 to counterproliferation programs,
projects, and activities identified as areas for progress by the
Counterproliferation Program Review Committee established by section
1605 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1845). Amounts of authorizations so
transferred shall be merged with and be available for the same purposes
as the authorization to which transferred.
(2) The total amount of authorizations transferred under the
authority of this subsection may not exceed $50,000,000.
[[Page 110 STAT. 223]]
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(B) may not be used to provide authority for an item that
has been denied authorization by Congress.
(4) A transfer made from one account to another under the authority
of this subsection shall be deemed to increase the amount authorized for
the account to which the amount is transferred by an amount equal to the
amount transferred.
(5) <<NOTE: Notification.>> The Secretary of Defense shall promptly
notify Congress of transfers made under the authority of this
subsection.
SEC. 219. NONLETHAL WEAPONS STUDY.
(a) Findings.--Congress finds the following:
(1) The role of the United States military in operations
other than war has increased.
(2) Weapons and instruments that are nonlethal in
application yet immobilizing could have widespread operational
utility and application.
(3) The use of nonlethal weapons in operations other than
war poses a number of important doctrine, legal, policy, and
operations questions which should be addressed in a
comprehensive and coordinated manner.
(4) The development of nonlethal technologies continues to
spread across military and agency budgets.
(5) The Department of Defense should provide improved
budgetary focus and management direction to the nonlethal
weapons program.
(b) Responsibility for Development of Nonlethal Weapons
Technology.--Not later than February 15, 1996, the Secretary of Defense
shall assign centralized responsibility for development (and any other
functional responsibility the Secretary considers appropriate) of
nonlethal weapons technology to an existing office within the Office of
the Secretary of Defense or to a military service as the executive
agent.
(c) Report.--Not later than February 15, 1996, the Secretary of
Defense shall submit to Congress a report setting forth the following:
(1) The name of the office or military service assigned
responsibility for the nonlethal weapons program by the
Secretary of Defense pursuant to subsection (b) and a discussion
of the rationale for such assignment.
(2) The degree to which nonlethal weapons are required by
more than one of the armed forces.
(3) The time frame for the development and deployment of
such weapons.
(4) The appropriate role of the military departments and
defense agencies in the development of such weapons.
(5) The military doctrine, legal, policy, and operational
issues that must be addressed by the Department of Defense
before such weapons achieve operational capability.
(d) Authorization.--Of the amount authorized to be appropriated
under section 201(4), $37,200,000 shall be available for nonlethal
weapons programs and nonlethal technologies programs.
[[Page 110 STAT. 224]]
(e) Definition.--For purposes of this section, the term ``nonlethal
weapon'' means a weapon or instrument the effect of which on human
targets is less than fatal.
SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS AND
UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made available
for the Department of Defense for fiscal year 1996 pursuant to an
authorization of appropriations in section 201 may be obligated to
procure work from a federally funded research and development center (in
this section referred to as an ``FFRDC'') or a university-affiliated
research center (in this section referred to as a ``UARC'') only in the
case of a center named in the report required by subsection (b) and, in
the case of such a center, only in an amount not in excess of the amount
of the proposed funding level set forth for that center in such report.
(b) Report on Allocations for Centers.--(1) Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
containing--
(A) the name of each FFRDC and UARC from which work is
proposed to be procured for the Department of Defense for fiscal
year 1996; and
(B) for each such center, the proposed funding level and the
estimated personnel level for fiscal year 1996.
(2) The total of the proposed funding levels set forth in the report
for all FFRDCs and UARCs may not exceed the amount set forth in
subsection (d).
(c) Limitation Pending Submission of Report.--Not more than 15
percent of the funds appropriated or otherwise made available for the
Department of Defense for fiscal year 1996 pursuant to an authorization
of appropriations in section 201 for FFRDCs and UARCs may be obligated
to procure work from an FFRDC or UARC until the Secretary of Defense
submits the report required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated by
section 201, not more than a total of $1,668,850,000 may be obligated to
procure services from the FFRDCs and UARCs named in the report required
by subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary of Defense
may waive the limitation regarding the maximum funding amount that
applies under subsection (a) to an FFRDC or
UARC. <<NOTE: Notice.>> Whenever the Secretary proposes to make such a
waiver, the Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House of
Representatives notice of the proposed waiver and the reasons for the
waiver. The waiver may then be made only after the end of the 60-day
period that begins on the date on which the notice is submitted to those
committees, unless the Secretary determines that it is essential to the
national security that funds be obligated for work at that center in
excess of that limitation before the end of such period and notifies
those committees of that determination and the reasons for the
determination.
(f) Five-Year Plan.--(1) The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop a five-
year plan to reduce and consolidate the activities performed
[[Page 110 STAT. 225]]
by FFRDCs and UARCs and establish a framework for the future workload of
such centers.
(2) The plan shall--
(A) set forth the manner in which the Secretary of Defense
could achieve by October 1, 2000, implementation by FFRDCs and
UARCs of only those core activities, as defined by the
Secretary, that require the unique capabilities and arrangements
afforded by such centers; and
(B) include an assessment of the number of personnel needed
in each FFRDC and UARC during each year over the five years
covered by the plan.
(3) <<NOTE: Reports.>> Not later than February 1, 1996, the
Secretary of Defense shall submit to the congressional defense
committees a report on the plan required by this subsection.
SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
Of the amount authorized to be appropriated under section 201(3),
$9,500,000 shall be available for fiscal year 1996 (in program element
61101F in the budget of the Department of Defense for fiscal year 1996)
for continuation of the Joint Seismic Program and Global Seismic
Network.
SEC. 222. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for Other Missile Product Improvement
Programs, $10,000,000 is authorized to be appropriated for a Hydra-70
rocket product improvement program and to be made available under such
program for full qualification and operational platform certification of
a Hydra-70 rocket described in subsection (b) for use on the Apache
attack helicopter.
(b) Hydra-70 Rocket Covered.--The Hydra-70 rocket referred to in
subsection (a) is any Hydra-70 rocket that has as its propulsion
component a 2.75-inch rocket motor that is a nondevelopmental item and
uses a composite propellant.
(c) Competition Required.--The Secretary of the Army shall conduct
the product improvement program referred to in subsection (a) with full
and open competition.
(d) Submission of Technical Data Package Required.--Upon the full
qualification and operational platform certification of a Hydra-70
rocket as described in subsection (a), the contractor providing the
rocket so qualified and certified shall submit the technical data
package for the rocket to the Secretary of the Army. The Secretary shall
use the technical data package in competitions for contracts for the
procurement of Hydra-70 rockets described in subsection (b) for the
Army.
(e) Definitions.--For purposes of this section, the terms ``full and
open competition'' and ``nondevelopmental item'' have the meanings given
such terms in section 4 of the Office of Federal Procurement Policy Act
(41 U.S.C. 403).
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF
ELECTRONIC COMBAT CONSOLIDATION MASTER
PLAN.
(a) Limitation.--Not more than 75 percent of the amounts
appropriated or otherwise made available pursuant to the authorization
of appropriations in section 201 for test and evaluation program
elements 65896A, 65864N, 65807F, and 65804D in the budget of the
Department of Defense for fiscal year 1996 may
[[Page 110 STAT. 226]]
be obligated until 14 days after the date on which the congressional
defense committees receive the plan specified in subsection (b).
(b) Plan.--The plan referred to in subsection (a) is the master plan
for electronic combat consolidation described under Defense-Wide
Programs under Research, Development, Test, and Evaluation in the Report
of the Committee on Armed Services of the House of Representatives on
H.R. 4301 (House Report 103-499), dated May 10, 1994.
SEC. 224. REPORT ON REDUCTIONS IN RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
(a) Report Requirement.--Not later than March 15, 1996, the Under
Secretary of Defense (Comptroller) shall submit to the congressional
defense committees a report that sets forth in detail the allocation of
reductions for research, development, test, and evaluation described in
subsection (b).
(b) Description of Reductions.--The reductions for research,
development, test, and evaluation covered by subsection (a) are the
following Army, Navy, Air Force, and Defense-wide reductions, as
required by the Department of Defense Appropriations Act, 1996:
(1) General reductions.
(2) Reductions to reflect savings from revised economic
assumptions.
(3) Reductions to reflect the funding ceiling for defense
federally funded research and development centers.
(4) Reductions for savings through improved management of
contractor automatic data processing costs charged through
indirect rates on Department of Defense acquisition contracts.
SEC. 225. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) Authority To Use Funds for Alternative Propellant
Technologies.--During fiscal year 1996, the Secretary of the Army may
use funds appropriated for the liquid propellant portion of the Advanced
Field Artillery System (Crusader) program for fiscal year 1996 for
alternative propellant technologies and integration of those
technologies into the design of the Crusader if--
(1) the Secretary determines that the technical risk
associated with liquid propellant will increase costs and delay
the initial operational capability of the Crusader; and
(2) <<NOTE: Notification.>> the Secretary notifies the
congressional defense committees of the proposed use of the
funds and the reasons for the proposed use of the funds.
(b) Limitation.--The Secretary of the Army may not spend funds for
the liquid propellant portion of the Crusader program after August 15,
1996, unless--
(1) the report required by subsection (c) has been submitted
by that date; and
(2) such report includes documentation of significant
progress, as determined by the Secretary, toward meeting the
objectives for the liquid propellant portion of the program, as
set forth in the baseline description for the Crusader program
and approved by the Office of the Secretary of Defense on
January 4, 1995.
(c) Report Required.--Not later than August 1, 1996, the Secretary
of the Army shall submit to the congressional defense committees a
report containing documentation of the progress being made in meeting
the objectives set forth in the baseline description for the Crusader
program and approved by the Office of the Sec
[[Page 110 STAT. 227]]
retary of Defense on January 4, 1995. The report shall specifically
address the progress being made toward meeting the following objectives:
(1) Establishment of breech and ignition design criteria for
rate of fire for the cannon of the Crusader.
(2) Selection of a satisfactory ignition concept for the
next prototype of the cannon.
(3) Selection, on the basis of modeling and simulation, of
design concepts to prevent chamber piston reversals, and
validation of the selected concepts by gun and mock chamber
firings.
(4) Achievement of an understanding of the chemistry and
physics of propellant burn resulting from the firing of liquid
propellant into any target zone, and achievement, on the basis
of modeling and simulation, of an ignition process that is
predictable.
(5) Completion of an analysis of the management of heat
dissipation for the full range of performance requirements for
the cannon, completion of concept designs supported by that
analysis, and proposal of such concept designs for engineering.
(6) Development, for integration into the next prototype of
the cannon, of engineering designs to control pressure
oscillations in the chamber of the cannon during firing.
(7) Completion of an assessment of the sensitivity of liquid
propellant to contamination by various materials to which it may
be exposed throughout the handling and operation of the cannon,
and documentation of predictable reactions of contaminated or
sensitized liquid propellant.
(d) Additional Matters To Be Covered by Report.--The report required
by subsection (c) also shall contain the following:
(1) An assertion that all the known hazards associated with
liquid propellant have been identified and are controllable to
acceptable levels.
(2) An assessment of the technology for each component of
the Crusader (the cannon, vehicle, and crew module), including,
for each performance goal of the Crusader program (including the
goal for total system weight), information about the maturity of
the technology to achieve that goal, the maturity of the design
of the technology, and the manner in which the design has been
proven (for example, through simulation, bench testing, or
weapon firing).
(3) An assessment of the cost of continued development of
the Crusader after August 1, 1996, and the cost of each unit of
the Crusader in the year the Crusader will be completed.
SEC. 226. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in section
201 for explosives demilitarization technology, $15,000,000 shall be
available to establish an integrated program for the development and
demonstration of conventional munitions and explosives demilitarization
technologies that comply with applicable environmental laws for the
demilitarization and disposal of unserviceable, obsolete, or nontreaty
compliant munitions, rocket motors, and explosives.
[[Page 110 STAT. 228]]
SEC. 227. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) Limitation.--Not more than three percent of the total amount
appropriated for research and development under the Defense Airborne
Reconnaissance program pursuant to the authorizations of appropriations
in section 201 may be obligated for systems engineering and technical
assistance (SETA) contracts until--
(1) funds are obligated (out of such appropriated funds)
for--
(A) the upgrade of U-2 aircraft senior year electro-
optical reconnaissance sensors to the newest
configuration; and
(B) the upgrade of the U-2 SIGINT system; and
(2) the Under Secretary of Defense for Acquisition and
Technology submits the report required under subsection (b).
(b) Report on U-2-Related Upgrades.--(1) Not later than April 1,
1996, the Under Secretary of Defense for Acquisition and Technology
shall transmit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on obligations of funds for upgrades relating to airborne reconnaissance
by U-2 aircraft.
(2) The report shall set forth the specific purposes under the
general purposes described in subparagraphs (A) and (B) of subsection
(a)(1) for which funds have been obligated (as of the date of the
report) and the amounts that have been obligated (as of such date) for
those specific purposes.
Subtitle C--Ballistic Missile Defense Act <<NOTE: Ballistic Missile
Defense Act of 1995. 10 USC 2431 note.>> of 1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Ballistic Missile Defense Act of
1995''.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The emerging threat that is posed to the national
security interests of the United States by the proliferation of
ballistic missiles is significant and growing, both in terms of
numbers of missiles and in terms of the technical capabilities
of those missiles.
(2) The deployment of ballistic missile defenses is a
necessary, but not sufficient, element of a broader strategy to
discourage both the proliferation of weapons of mass destruction
and the proliferation of the means of their delivery and to
defend against the consequences of such proliferation.
(3) The deployment of effective Theater Missile Defense
systems can deter potential adversaries of the United States
from escalating a conflict by threatening or attacking United
States forces or the forces or territory of coalition partners
or allies of the United States with ballistic missiles armed
with weapons of mass destruction to offset the operational and
technical advantages of the United States and its coalition
partners and allies.
(4) United States intelligence officials have provided
intelligence estimates to congressional committees that (A) the
trend
[[Page 110 STAT. 229]]
in missile proliferation is toward longer range and more
sophisticated ballistic missiles, (B) North Korea may deploy an
intercontinental ballistic missile capable of reaching Alaska or
beyond within five years, and (C) although a new, indigenously
developed ballistic missile threat to the continental United
States is not foreseen within the next ten years, determined
countries can acquire intercontinental ballistic missiles in the
near future and with little warning by means other than
indigenous development.
(5) The development and deployment by the United States and
its allies of effective defenses against ballistic missiles of
all ranges will reduce the incentives for countries to acquire
such missiles or to augment existing missile capabilities.
(6) The concept of mutual assured destruction (based upon an
offense-only form of deterrence), which is the major
philosophical rationale underlying the ABM Treaty, is now
questionable as a basis for stability in a multipolar world in
which the United States and the states of the former Soviet
Union are seeking to normalize relations and eliminate Cold War
attitudes and arrangements.
(7) The development and deployment of a National Missile
Defense system against the threat of limited ballistic missile
attacks--
(A) would strengthen deterrence at the levels of
forces agreed to by the United States and Russia under
the Strategic Arms Reduction Talks Treaty (START-I); and
(B) would further strengthen deterrence if
reductions below the levels permitted under START-I
should be agreed to and implemented in the future.
(8) The distinction made during the Cold War, based upon the
technology of the time, between strategic ballistic missiles and
nonstrategic ballistic missiles, which resulted in the
distinction made in the ABM Treaty between strategic defense and
nonstrategic defense, has become obsolete because of
technological advancement (including the development by North
Korea of long-range Taepo-Dong I and Taepo-Dong II missiles)
and, therefore, that distinction in the ABM Treaty should be
reviewed.
SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
It is the policy of the United States--
(1) to deploy affordable and operationally effective theater
missile defenses to protect forward-deployed and expeditionary
elements of the Armed Forces of the United States and to
complement the missile defense capabilities of forces of
coalition partners and of allies of the United States; and
(2) to seek a cooperative, negotiated transition to a regime
that does not feature an offense-only form of deterrence as the
basis for strategic stability.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in paragraph (1) of section 233, the Secretary of Defense
shall restructure the core theater missile defense program to consist of
the following systems, to be carried out so as to achieve the specified
capabilities:
(1) The Patriot PAC-3 system, with a first unit equipped
(FUE) during fiscal year 1998.
[[Page 110 STAT. 230]]
(2) The Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability during fiscal
year 1997 and an initial operational capability (IOC) during
fiscal year 1999.
(3) The Theater High-Altitude Area Defense (THAAD) system,
with a user operational evaluation system (UOES) capability not
later than fiscal year 1998 and a first unit equipped (FUE) not
later than fiscal year 2000.
(4) The Navy Upper Tier (Theater Wide) system, with a user
operational evaluation system (UOES) capability during fiscal
year 1999 and an initial operational capability (IOC) during
fiscal year 2001.
(b) Use of Streamlined Acquisition Procedures.--The Secretary of
Defense shall prescribe and use streamlined acquisition policies and
procedures to reduce the cost and increase the efficiency of developing
and deploying the theater missile defense systems specified in
subsection (a).
(c) Interoperability and Support of Core Systems.--To maximize
effectiveness and flexibility of the systems comprising the core theater
missile defense program, the Secretary of Defense shall ensure that
those systems are integrated and complementary and are fully capable of
exploiting external sensor and battle management support from systems
such as--
(A) the Cooperative Engagement Capability (CEC) system of
the Navy;
(B) airborne sensors; and
(C) space-based sensors (including, in particular, the Space
and Missile Tracking System).
(d) Follow-on Systems.--(1) The Secretary of Defense shall prepare
an affordable development plan for theater missile defense systems to be
developed as follow-on systems to the core systems specified in
subsection (a). The Secretary shall make the selection of a system for
inclusion in the plan based on the capability of the system to satisfy
military requirements not met by the systems in the core program and on
the capability of the system to use prior investments in technologies,
infrastructure, and battle-management capabilities that are incorporated
in, or associated with, the systems in the core program.
(2) <<NOTE: Notice.>> The Secretary may not proceed with the
development of a follow-on theater missile defense system beyond the
Demonstration/Validation stage of development unless the Secretary
designates that system as a part of the core program under this section
and submits to the congressional defense committees notice of that
designation. <<NOTE: Reports.>> The Secretary shall include with any
such notification a report describing--
(A) the requirements for the system and the specific threats
that such system is designed to counter;
(B) how the system will relate to, support, and build upon
existing core systems;
(C) the planned acquisition strategy for the system; and
(D) a preliminary estimate of total program cost for that
system and the effect of development and acquisition of such
system on Department of Defense budget projections.
(e) Program Accountability Report.--(1) As part of the annual report
of the Ballistic Missile Defense Organization required by section 224 of
Public Law 101-189 (10 U.S.C. 2431 note), the Secretary of Defense shall
describe the technical milestones, the
[[Page 110 STAT. 231]]
schedule, and the cost of each phase of development and acquisition
(together with total estimated program costs) for each core and follow-
on theater missile defense program.
(2) As part of such report, the Secretary shall describe, with
respect to each program covered in the report, any variance in the
technical milestones, program schedule milestones, and costs for the
program compared with the information relating to that program in the
report submitted in the previous year and in the report submitted in the
first year in which that program was covered.
(f) <<NOTE: Certification.>> Reports on TMD System Limitations Under
ABM Treaty.--(1) Whenever, after January 1, 1993, the Secretary of
Defense issues a certification with respect to the compliance of a
particular Theater Missile Defense system with the ABM Treaty, the
Secretary shall transmit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a copy of such certification. Such transmittal shall be
made not later than 30 days after the date on which such certification
is issued, except that in the case of a certification issued before the
date of the enactment of this Act, such transmittal shall be made not
later than 60 days after the date of the enactment of this Act.
(2) If a certification under paragraph (1) is based on application
of a policy concerning United States compliance with the ABM Treaty that
differs from the policy described in section 235(b)(1), the Secretary
shall include with the transmittal under that paragraph a report
providing a detailed assessment of--
(A) how the policy applied differs from the policy described
in section 235(b)(1); and
(B) how the application of that policy (rather than the
policy described in section 235(b)(1)) will affect the cost,
schedule, and performance of that system.
SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING THEATER
MISSILE DEFENSE SYSTEMS.
(a) Findings.--(1) Congress hereby reaffirms--
(A) the finding in section 234(a)(7) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1595; 10 U.S.C. 2431 note) that the ABM Treaty was not
intended to, and does not, apply to or limit research,
development, testing, or deployment of missile defense systems,
system upgrades, or system components that are designed to
counter modern theater ballistic missiles, regardless of the
capabilities of such missiles, unless those systems, system
upgrades, or system components are tested against or have
demonstrated capabilities to counter modern strategic ballistic
missiles; and
(B) the statement in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2700) that the United States shall not be bound by any
international agreement entered into by the President that would
substantively modify the ABM Treaty unless the agreement is
entered into pursuant to the treaty making power of the
President under the Constitution.
(2) Congress also finds that the demarcation standard described in
subsection (b)(1) for compliance of a missile defense system,
[[Page 110 STAT. 232]]
system upgrade, or system component with the ABM Treaty is based upon
current technology.
(b) Sense of Congress Concerning Compliance Policy.--It is the sense
of Congress that--
(1) unless a missile defense system, system upgrade, or
system component (including one that exploits data from space-
based or other external sensors) is flight tested in an ABM-
qualifying flight test (as defined in subsection (e)), that
system, system upgrade, or system component has not, for
purposes of the ABM Treaty, been tested in an ABM mode nor been
given capabilities to counter strategic ballistic missiles and,
therefore, is not subject to any application, limitation, or
obligation under the ABM Treaty; and
(2) any international agreement that would limit the
research, development, testing, or deployment of missile defense
systems, system upgrades, or system components that are designed
to counter modern theater ballistic missiles in a manner that
would be more restrictive than the compliance criteria specified
in paragraph (1) should be entered into only pursuant to the
treaty making powers of the President under the Constitution.
(c) Prohibition on Funding.--Funds appropriated or otherwise made
available to the Department of Defense for fiscal year 1996 may not be
obligated or expended to implement an agreement, or any understanding
with respect to interpretation of the ABM Treaty, between the United
States and any of the independent states of the former Soviet Union
entered into after January 1, 1995, that--
(1) would establish a demarcation between theater missile
defense systems and anti-ballistic missile systems for purposes
of the ABM Treaty; or
(2) would restrict the performance, operation, or deployment
of United States theater missile defense systems.
(d) Exceptions.--Subsection (c) does not apply--
(1) to the extent provided by law in an Act enacted after
this Act;
(2) to expenditures to implement that portion of any such
agreement or understanding that implements the policy set forth
in subsection (b)(1); or
(3) to expenditures to implement any such agreement or
understanding that is approved as a treaty or by law.
(e) ABM-Qualifying Flight Test Defined.--For purposes of this
section, an ABM-qualifying flight test is a flight test against a
ballistic missile which, in that flight test, exceeds (1) a range of
3,500 kilometers, or (2) a velocity of 5 kilometers per second.
SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
It is in the interest of the United States to develop its own
missile defense capabilities in a manner that will permit the United
States to complement the missile defense capabilities developed and
deployed by its allies and possible coalition partners. Therefore, the
Congress urges the President--
(1) to pursue high-level discussions with allies of the
United States and selected other states on the means and methods
by which the parties on a bilateral basis can cooperate in the
development, deployment, and operation of ballistic missile
defenses;
[[Page 110 STAT. 233]]
(2) to take the initiative within the North Atlantic Treaty
Organization to develop consensus in the Alliance for a timely
deployment of effective ballistic missile defenses by the
Alliance; and
(3) in the interim, to seek agreement with allies of the
United States and selected other states on steps the parties
should take, consistent with their national interests, to reduce
the risks posed by the threat of limited ballistic missile
attacks, such steps to include--
(A) the sharing of early warning information derived
from sensors deployed by the United States and other
states;
(B) the exchange on a reciprocal basis of technical
data and technology to support both joint development
programs and the sale and purchase of missile defense
systems and components; and
(C) operational level planning to exploit current
missile defense capabilities and to help define future
requirements.
SEC. 237. ABM TREATY DEFINED.
For purposes of this subtitle, the term ``ABM Treaty'' means the
Treaty Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missile Systems,
and signed at Moscow on May 26, 1972, and includes the Protocols to that
Treaty, signed at Moscow on July 3, 1974.
SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is repealed.
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 251. <<NOTE: 10 USC 221 note.>> BALLISTIC MISSILE DEFENSE PROGRAM
ELEMENTS.
(a) Elements Specified.--In the budget justification materials
submitted to Congress in support of the Department of Defense budget for
any fiscal year after fiscal year 1996 (as submitted with the budget of
the President under section 1105(a) of title 31, United States Code),
the amount requested for activities of the Ballistic Missile Defense
Organization shall be set forth in accordance with the following program
elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense (THAAD) system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
(b) Treatment of Core Theater Missile Defense Programs.--Amounts
requested for core theater missile defense programs specified in section
234 shall be specified in individual, dedicated program elements, and
amounts appropriated for such
[[Page 110 STAT. 234]]
programs shall be available only for activities covered by those program
elements.
(c) BM/C<SUP>3I Programs.--Amounts requested for programs, projects,
and activities involving battle management, command, control,
communications, and intelligence (BM/C<SUP>3I) shall be included in the
``Other Theater Missile Defense Activities'' program element or the
``National Missile Defense'' program element, as determined on the basis
of the primary objectives involved.
(d) Management and Support.--Each program element shall include
requests for the amounts necessary for the management and support of the
programs, projects, and activities contained in that program element.
SEC. 252. TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.
Subsection (a) of section 237 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1600) is amended
to read as follows:
``(a) <<NOTE: Certification.>> Testing of Theater Missile Defense
Interceptors.--(1) The Secretary of Defense may not approve a theater
missile defense interceptor program proceeding beyond the
low-rate initial production acquisition stage until the Secretary
certifies to the congressional defense committees that such program has
successfully completed initial operational test and evaluation.
``(2) In order to be certified under paragraph (1) as having been
successfully completed, the initial operational test and evaluation
conducted with respect to an interceptors program must have included
flight tests--
``(A) that were conducted with multiple interceptors and
multiple targets in the presence of realistic countermeasures;
and
``(B) the results of which demonstrate the achievement by
the interceptors of the baseline performance thresholds.
``(3) For purposes of this subsection, the baseline performance
thresholds with respect to a program are the weapons systems performance
thresholds specified in the baseline description for the system
established (pursuant to section 2435(a)(1) of title 10, United States
Code) before the program entered the engineering and manufacturing
development stage.
``(4) The number of flight tests described in paragraph (2) that are
required in order to make the certification under paragraph (1) shall be
a number determined by the Secretary of Defense to be sufficient for the
purposes of this section.
``(5) The Secretary may augment live-fire testing to demonstrate
weapons system performance goals for purposes of the certification under
paragraph (1) through the use of modeling and simulation that is
validated by ground and flight testing.''.
SEC. 253. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) Section 222 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 613; 10 U.S.C. 2431
note).
(2) Section 225 of the Department of Defense Authorization
Act, 1986 (Public Law 99-145; 99 Stat. 614).
(3) Section 226 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat.
1057; 10 U.S.C. 2431 note).
[[Page 110 STAT. 235]]
(4) Section 8123 of the Department of Defense Appropriations
Act, 1989 (Public Law 100-463; 102 Stat. 2270-40).
(5) Section 8133 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 105 Stat. 1211).
(6) Section 234 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1595; 10
U.S.C. 2431 note).
(7) Section 242 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1603; 10
U.S.C. 2431 note).
(8) Section 235 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2701; 10
U.S.C. 221 note).
(9) Section 2609 of title 10, United States Code.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 261. PRECISION-GUIDED MUNITIONS.
(a) Analysis Required.--The Secretary of Defense shall perform an
analysis of the full range of precision-guided munitions in production
and in research, development, test, and evaluation in order to determine
the following:
(1) The numbers and types of precision-guided munitions that
are needed to provide complementary capabilities against each
target class.
(2) The feasibility of carrying out joint development and
procurement of additional types of munitions by more than one of
the Armed Forces.
(3) The feasibility of integrating a particular precision-
guided munition on multiple service platforms.
(4) The economy and effectiveness of continuing the
acquisition of--
(A) interim precision-guided munitions; or
(B) precision-guided munitions that, as a result of
being procured in decreasing numbers to meet decreasing
quantity requirements, have increased in cost per unit
by more than 50 percent over the cost per unit for such
munitions as of December 1, 1991.
(b) Report.--(1) Not later than April 15, 1996, the Secretary shall
submit to Congress a report on the findings and other results of the
analysis.
(2) The report shall include a detailed discussion of the process by
which the Department of Defense--
(A) approves the development of new precision-guided
munitions;
(B) avoids duplication and redundancy in the precision-
guided munitions programs of the Army, Navy, Air Force, and
Marine Corps;
(C) ensures rationality in the relationship between the
funding plans for precision-guided munitions modernization for
fiscal years following fiscal year 1996 and the costs of such
modernization for those fiscal years; and
(D) identifies by name and function each person responsible
for approving each new precision-guided munition for initial
low-rate production.
[[Page 110 STAT. 236]]
(c) Funding Limitation.--Funds authorized to be appropriated by this
Act may not be expended for research, development, test, and evaluation
or procurement of interim precision-guided munitions after April 15,
1996, unless the Secretary of Defense has submitted the report under
subsection (b).
(d) Interim Precision-Guided Munition Defined.--For purposes of
subsection (c), a precision-guided munition is an interim precision-
guided munition if the munition is being procured in fiscal year 1996,
but funding is not proposed for additional procurement of the munition
in the fiscal years after fiscal year 1996 that are covered by the
future years defense program submitted to Congress in 1995 under section
221(a) of title 10, United States Code.
SEC. 262. <<NOTE: 10 USC 113 note.>> REVIEW OF C<SUP>4I BY NATIONAL
RESEARCH COUNCIL.
(a) Review by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall request the National Research Council of the National Academy of
Sciences to conduct a comprehensive review of current and planned
service and defense-wide programs for command, control, communications,
computers, and intelligence (C<SUP>4I) with a special focus on cross-
service and inter-service issues.
(b) Matters To Be Assessed in Review.--The review shall address the
following:
(1) The match between the capabilities provided by current
service and defense-wide C<SUP>4I programs and the actual needs
of users of these programs.
(2) The interoperability of service and defense-wide
C<SUP>4I systems that are planned to be operational in the
future.
(3) The need for an overall defense-wide architecture for
C<SUP>4I.
(4) Proposed strategies for ensuring that future C<SUP>4I
acquisitions are compatible and interoperable with an overall
architecture.
(5) Technological and administrative aspects of the C<SUP>4I
modernization effort to determine the soundness of the
underlying plan and the extent to which it is consistent with
concepts for joint military operations in the future.
(c) Two-Year Period for Conducting Review.--The review shall be
conducted over the two-year period beginning on the date on which the
National Research Council and the Secretary of Defense enter into a
contract or other agreement for the conduct of the review.
(d) Reports.--(1) In the contract or other agreement for the conduct
of the review, the Secretary of Defense shall provide that the National
Research Council shall submit to the Department of Defense and Congress
interim reports and progress updates on a regular basis as the review
proceeds. A final report on the review shall set forth the findings,
conclusions, and recommendations of the Council for defense-wide and
service C<SUP>4I programs and shall be submitted to the Committee on
Armed Services of the Senate, the Committee on National Security of the
House of Representatives, and the Secretary of Defense.
(2) To the maximum degree possible, the final report shall be
submitted in unclassified form with classified annexes as necessary.
[[Page 110 STAT. 237]]
(e) Interagency Cooperation With Study.--All military departments,
defense agencies, and other components of the Department of Defense
shall cooperate fully with the National Research Council in its
activities in carrying out the review under this section.
(f) Expedited Processing of Security Clearances for Study.--For the
purpose of facilitating the commencement of the study under this
section, the Secretary of Defense shall expedite to the fullest degree
possible the processing of security clearances that are necessary for
the National Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated in section
201 for defense-wide activities, $900,000 shall be available for the
study under this section.
SEC. 263. ANALYSIS OF CONSOLIDATION OF BASIC RESEARCH ACCOUNTS OF
MILITARY DEPARTMENTS.
(a) Analysis Required.--The Secretary of Defense shall conduct an
analysis of the cost and effectiveness of consolidating the basic
research accounts of the military departments. The analysis shall
determine potential infrastructure savings and other benefits of co-
locating and consolidating the management of basic research.
(b) Deadline.--On or before March 1, 1996, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the analysis conducted under subsection (a).
SEC. 264. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO FISCAL
YEAR FOR ANNUAL REPORT ON CERTAIN
CONTRACTS TO COLLEGES AND UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is amended--
(1) by striking out ``calendar year'' and inserting in lieu
thereof ``fiscal year''; and
(2) by striking out ``the year after the year'' and
inserting in lieu thereof ``the fiscal year after the fiscal
year''.
SEC. 265. AERONAUTICAL RESEARCH AND TEST CAPABILITIES ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) It is in the Nation's long-term national security
interests for the United States to maintain preeminence in the
area of aeronautical research and test capabilities.
(2) Continued advances in aeronautical science and
engineering are critical to sustaining the strategic and
tactical air superiority of the United States and coalition
forces, as well as United States economic security and
international aerospace leadership.
(3) It is in the national security and economic interests of
the United States and the budgetary interests of the Department
of Defense for the department to encourage the establishment of
active partnerships between the department and other Government
agencies, academic institutions, and private industry to
develop, maintain, and enhance aeronautical research and test
capabilities.
(b) Review.--The Secretary of Defense shall conduct a comprehensive
review of the aeronautical research and test facilities and capabilities
of the United States in order to assess the current condition of such
facilities and capabilities.
[[Page 110 STAT. 238]]
(c) Report.--(1) Not later than March 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a report
setting forth in detail the findings of the review required by
subsection (b).
(2) The report shall include the following:
(A) The options for providing affordable, operable,
reliable, and responsive long-term aeronautical research and
test capabilities for military and civilian purposes and for the
organization and conduct of such capabilities within the
Department or through shared operations with other Government
agencies, academic institutions, and private industry.
(B) The projected costs of such options, including costs of
acquisition and technical and financial arrangements (including
the use of Government facilities for reimbursable private use).
(C) Recommendations on the most efficient and economic means
of developing, maintaining, and continually modernizing
aeronautical research and test capabilities to meet current,
planned, and prospective military and civilian needs.
Subtitle F--Other Matters
SEC. 271. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2693) is amended--
(1) in subsection (a), by striking out ``to help achieve''
and all that follows through the end of the subsection and
inserting in lieu thereof ``to ensure that lithographic
processes being developed by United States-owned companies or
United States-incorporated companies operating in the United
States will lead to superior performance electronics systems for
the Department of Defense.'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) The Director of the Defense Advanced Research Projects Agency
may set priorities and funding levels for various technologies being
developed for the ALP and shall consider funding recommendations made by
the Semiconductor Industry Association as being advisory in nature.'';
(3) in subsection (c)--
(A) by inserting ``Defense'' before ``Advanced'';
and
(B) by striking out ``ARPA'' both places it appears
and inserting in lieu thereof ``DARPA''; and
(4) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) The term `United States-owned company' means a company
the majority ownership or control of which is held by citizens
of the United States.
``(2) The term `United States-incorporated company' means a
company that the Secretary of Defense finds is incorporated in
the United States and has a parent company that is incorporated
in a country--
``(A) that affords to United States-owned companies
opportunities, comparable to those afforded to any other
company, to participate in any joint venture similar to
[[Page 110 STAT. 239]]
those authorized under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n);
``(B) that affords to United States-owned companies
local investment opportunities comparable to those
afforded to any other company; and
``(C) that affords adequate and effective protection
for the intellectual property rights of United States-
owned companies.''.
SEC. 272. ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG-M) SYSTEM.
(a) Limitations.--(1) The Secretary of the Army may not obligate
more than $280,000,000 (based on fiscal year 1995 constant dollars) to
develop and deliver for test and evaluation by the Army the following
items:
(A) 44 enhanced fiber optic guided test missiles.
(B) 256 fully operational enhanced fiber optic guided
missiles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the enhanced
fiber optic guided missile (EFOG-M) system after September 30, 1998, if
the items described in paragraph (1) have not been delivered to the Army
by that date and at a cost not greater than the amount set forth in
paragraph (1).
(3) The Secretary of the Army may not enter into an advanced
development phase for the EFOG-M system unless--
(A) an advanced concept technology demonstration of the
system has been successfully completed; and
(B) the Secretary certifies to the congressional defense
committees that there is a requirement for the EFOG-M system
that is supported by a cost and operational effectiveness
analysis.
(b) Government-Furnished Equipment.--The Secretary of the Army shall
ensure that all Government-furnished equipment that the Army agrees to
provide under the contract for the EFOG-M system is provided to the
prime contractor in accordance with the terms of the contract.
SEC. 273. STATES ELIGIBLE FOR ASSISTANCE UNDER DEFENSE
EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2705; 10 U.S.C. 2358 note) is amended to read as follows:
``(A) the average annual amount of all Department of Defense
obligations for science and engineering research and development
that were in effect with institutions of higher education in the
State for the three fiscal years preceding the fiscal year for
which the designation is effective or for the last three fiscal
years for which statistics are available is less than the amount
determined by multiplying 60 percent times the amount equal to
\1/50\ of the total average annual amount of all Department of
Defense obligations for science and engineering research and
development that were in effect with institutions of higher
education in the United States for such three preceding or last
fiscal years, as the case may be (to be determined in
consultation with the Secretary of Defense);''.
[[Page 110 STAT. 240]]
SEC. 274. CRUISE MISSILE DEFENSE INITIATIVE.
(a) In General.--The Secretary of Defense shall undertake an
initiative to coordinate and strengthen the cruise missile defense
programs of the Department of Defense to ensure that the United States
develops and deploys affordable and operationally effective defenses
against existing and future cruise missile threats to United States
military forces and operations.
(b) Coordination With Ballistic Missile Defense Efforts.--In
carrying out subsection (a), the Secretary shall ensure that, to the
extent practicable, the cruise missile defense programs of the
Department of Defense and the ballistic missile defense programs of the
Department of Defense are coordinated with each other and that those
programs are mutually supporting.
(c) Defenses Against Existing and Near-Term Cruise Missile
Threats.--As part of the initiative under subsection (a), the Secretary
shall ensure that appropriate existing and planned air defense systems
are upgraded to provide an affordable and operationally effective
defense against existing and near-term cruise missile threats to United
States military forces and operations.
(d) Defenses Against Advanced Cruise Missiles.--As part of the
initiative under subsection (a), the Secretary shall undertake a well-
coordinated development program to support the future deployment of
cruise missile defense systems that are affordable and operationally
effective against advanced cruise missiles, including cruise missiles
with low observable features.
(e) Implementation Plan.--Not later than the date on which the
President submits the budget for fiscal year 1997 under section 1105 of
title 31, United States Code, the Secretary of Defense shall submit to
the congressional defense committees a detailed plan, in unclassified
and classified forms, as necessary, for carrying out this section. The
plan shall include an assessment of the following:
(1) The systems of the Department of Defense that currently
have or could have cruise missile defense capabilities and
existing programs of the Department of Defense to improve these
capabilities.
(2) The technologies that could be deployed in the near- to
mid-term to provide significant advances over existing cruise
missile defense capabilities and the investments that would be
required to ready those technologies for deployment.
(3) The cost and operational tradeoffs, if any, between (A)
upgrading existing air and missile defense systems, and (B)
accelerating follow-on systems with significantly improved
capabilities against advanced cruise missiles.
(4) The organizational and management changes that would
strengthen and further coordinate the cruise missile defense
programs of the Department of Defense, including the
disadvantages, if any, of implementing such changes.
(f) Definition.--For the purposes of this section, the term ``cruise
missile defense programs'' means the programs, projects, and activities
of the military departments, the Advanced Research Projects Agency, and
the Ballistic Missile Defense Organization relating to development and
deployment of defenses against cruise missiles.
[[Page 110 STAT. 241]]
SEC. 275. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 107 Stat. 1701) <<NOTE: 10 USC 2358
note.>> is amended--
(1) in subsections (a) and (b), by striking out ``shall''
both places it appears and inserting in lieu thereof ``may'';
and
(2) in subsection (e), by striking out the sentence
beginning with ``Such selection process''.
SEC. 276. MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2525 of title 10, United States Code, is
amended as follows:
(1) The heading is amended by striking out the second and
third words.
(2) Subsection (a) is amended--
(A) by striking out ``Science and''; and
(B) by inserting after the first sentence the
following: ``The Secretary shall use the joint planning
process of the directors of the Department of Defense
laboratories in establishing the program.''.
(3) Subsection (c) is amended--
(A) by inserting ``(1)'' after ``(c) Execution.--'';
and
(B) by adding at the end the following:
``(2) The Secretary shall seek, to the extent practicable, the
participation of manufacturers of manufacturing equipment in the
projects under the program.''.
(4) Subsection (d) is amended--
(A) in paragraph (2)--
(i) by striking out ``or'' at the end of
subparagraph (A);
(ii) by striking out the period at the end of
subparagraph (B) and inserting in lieu thereof ``;
or''; and
(iii) by adding at the end the following new
subparagraph:
``(C) will be carried out by an institution of higher
education.''; and
(B) by adding at the end the following new
paragraphs:
``(3) At least 25 percent of the funds available for the program
each fiscal year shall be used for awarding grants and entering into
contracts, cooperative agreements, and other transactions on a cost-
share basis under which the ratio of recipient cost to Government cost
is two to one.
``(4) If the requirement of paragraph (3) cannot be met by July 15
of a fiscal year, the Under Secretary of Defense for Acquisition and
Technology may waive the requirement and obligate the balance of the
funds available for the program for that fiscal year on a cost-share
basis under which the ratio of recipient cost to Government cost is less
than two to one. Before implementing any such waiver, the Under
Secretary shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
the reasons for the waiver.''.
[[Page 110 STAT. 242]]
(b) Clerical Amendment.--The item relating to section 2525 in the
table of sections at the beginning of subchapter IV of chapter 148 of
title 10, United States Code, is amended to read as follows:
``2525. Manufacturing Technology Program.''.
SEC. 277. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE LABORATORIES
AND TEST AND EVALUATION CENTERS.
(a) Five-Year Plan.--The Secretary of Defense, acting through the
Vice Chief of Staff of the Army, the Vice Chief of Naval Operations, and
the Vice Chief of Staff of the Air Force (in their roles as test and
evaluation executive agent board of directors) shall develop a five-year
plan to consolidate and restructure the laboratories and test and
evaluation centers of the Department of Defense.
(b) Objective.--The plan shall set forth the specific actions needed
to consolidate the laboratories and test and evaluation centers into as
few laboratories and centers as is practical and possible, in the
judgment of the Secretary, by October 1, 2005.
(c) Previously Developed Data Required To Be Used.--In developing
the plan, the Secretary shall use the following:
(1) Data and results obtained by the Test and Evaluation
Joint Cross-Service Group and the Laboratory Joint Cross-Service
Group in developing recommendations for the 1995 report of the
Defense Base Closure and Realignment Commission.
(2) The report dated March 1994 on the consolidation and
streamlining of the test and evaluation infrastructure,
commissioned by the test and evaluation board of directors,
along with all supporting data and reports.
(d) Matters To Be Considered.--In developing the plan, the Secretary
shall consider, at a minimum, the following:
(1) Consolidation of common support functions, including the
following:
(A) Aircraft (fixed wing and rotary) support.
(B) Weapons support.
(C) Space systems support.
(D) Support of command, control, communications,
computers, and intelligence.
(2) The extent to which any military construction,
acquisition of equipment, or modernization of equipment is
planned at the laboratories and centers.
(3) The encroachment on the laboratories and centers by
residential and industrial expansion.
(4) The total cost to the Federal Government of continuing
to operate the laboratories and centers.
(5) The cost savings and program effectiveness of locating
laboratories and centers at the same sites.
(6) Any loss of expertise resulting from the consolidations.
(7) Whether any legislation is neccessary to provide the
Secretary with any additional authority necessary to accomplish
the downsizing and consolidation of the laboratories and
centers.
(e) Report.--Not later than May 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees a report on the
plan. The report shall include an identification of any additional
legislation that the Secretary considers necessary in order for the
Secretary to accomplish the downsizing and consolidation of the
laboratories and centers.
[[Page 110 STAT. 243]]
(f) Limitation.--Of the amounts appropriated or otherwise made
available pursuant to an authorization of appropriations in section 201
for the central test and evaluation investment development program, not
more than 75 percent may be obligated before the report required by
subsection (e) is submitted to Congress.
SEC. 278. LIMITATION ON T-38 AVIONICS UPGRADE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure that, in
evaluating proposals submitted in response to a solicitation issued for
a contract for the T-38 Avionics Upgrade Program, the proposal of an
entity may not be considered unless--
(1) in the case of an entity that conducts substantially all
of its business in a foreign country, the foreign country
provides equal access to similar contract solicitations in that
country to United States entities; and
(2) in the case of an entity that conducts business in the
United States but that is owned or controlled by a foreign
government or by an entity incorporated in a foreign country,
the foreign government or foreign country of incorporation
provides equal access to similar contract solicitations in that
country to United States entities.
(b) Definition.--In this section, the term ``United States entity''
means an entity that is owned or controlled by persons a majority of
whom are United States citizens.
SEC. 279. GLOBAL POSITIONING SYSTEM.
(a) Conditional Prohibition on Use of Selective Availability
Feature.--Except as provided in subsection (b), after May 1, 1996, the
Secretary of Defense may not (through use of the feature known as
``selective availability'') deny access of non-Department of Defense
users to the full capabilities of the Global Positioning System.
(b) Plan.--Subsection (a) shall cease to apply upon submission by
the Secretary of Defense to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives of a plan for enhancement of the Global Positioning
System that provides for--
(1) development and acquisition of effective capabilities to
deny hostile military forces the ability to use the Global
Positioning System without hindering the ability of United
States military forces and civil users to have access to and use
of the system, together with a specific date by which those
capabilities could be operational; and
(2) development and acquisition of receivers for the Global
Positioning System and other techniques for weapons and weapon
systems that provide substantially improved resistance to
jamming and other forms of electronic interference or
disruption, together with a specific date by which those
receivers and other techniques could be operational with United
States military forces.
SEC. 280. REVISION OF AUTHORITY FOR PROVIDING ARMY SUPPORT FOR THE
NATIONAL SCIENCE CENTER FOR COMMUNICATIONS
AND ELECTRONICS.
(a) Purpose.--Subsection (b)(2) of section 1459 of the Department of
Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 763) is
amended by striking out ``to make available'' and all that follows and
inserting in lieu thereof ``to provide for the
[[Page 110 STAT. 244]]
management, operation, and maintenance of those areas in the national
science center that are designated for use by the Army and to provide
incidental support for the operation of those areas in the center that
are designated for general use.''.
(b) Authority for Support.--Subsection (c) of such section is
amended to read as follows:
``(c) National Science Center.--(1) The Secretary may manage,
operate, and maintain facilities at the center under terms and
conditions prescribed by the Secretary for the purpose of conducting
educational outreach programs in accordance with chapter 111 of title
10, United States Code.
``(2) The Foundation, or NSC Discovery Center, Incorporated, a
nonprofit corporation of the State of Georgia, shall submit to the
Secretary for review and approval all matters pertaining to the
acquisition, design, renovation, equipping, and furnishing of the
center, including all plans, specifications, contracts, sites, and
materials for the center.''.
(c) Authority for Acceptance of Gifts and Fundraising.--Subsection
(d) of such section is amended to read as follows:
``(d) Gifts and Fundraising.--(1) Subject to paragraph (3), the
Secretary may accept a conditional or unconditional donation of money or
property that is made for the benefit of, or in connection with, the
center.
``(2) Notwithstanding any other provision of law, the Secretary may
endorse, promote, and assist the efforts of the Foundation and NSC
Discovery Center, Incorporated, to obtain--
``(A) funds for the management, operation, and maintenance
of the center; and
``(B) donations of exhibits, equipment, and other property
for use in the center.
``(3) The Secretary may not accept a donation under this subsection
that is made subject to--
``(A) any condition that is inconsistent with an applicable
law or regulation; or
``(B) except to the extent provided in appropriations Acts,
any condition that would necessitate an expenditure of
appropriated funds.
``(4) <<NOTE: Regulations.>> The Secretary shall prescribe in
regulations the criteria to be used in determining whether to accept a
donation. The Secretary shall include criteria to ensure that acceptance
of a donation does not establish an unfavorable appearance regarding the
fairness and objectivity with which the Secretary or any other officer
or employee of the Department of Defense performs official
responsibilities and does not compromise or appear to compromise the
integrity of a Government program or any official involved in that
program.''.
(d) Authorized Uses.--Such section is amended--
(1) by striking out subsection (f);
(2) by redesignating subsection (g) as subsection (f); and
(3) in paragraph (1) of subsection (f), as redesignated by
paragraph (2), by inserting ``areas designated for use by the
Army in'' after ``The Secretary may make''.
(e) Alternative of Additional Development and Management.--Such
section, as amended by subsection (d), is further amended by adding at
the end the following:
``(g) Alternative or Additional Development and Management of the
Center.--(1) The Secretary may enter into an agreement with NSC
Discovery Center, Incorporated, to develop, manage,
[[Page 110 STAT. 245]]
and maintain a national science center under this section. In entering
into an agreement with NSC Discovery Center, Incorporated, the Secretary
may agree to any term or condition to which the Secretary is authorized
under this section to agree for purposes of entering into an agreement
with the Foundation.
``(2) The Secretary may exercise the authority under paragraph (1)
in addition to, or instead of, exercising the authority provided under
this section to enter into an agreement with the Foundation.''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $18,746,695,000.
(2) For the Navy, $21,493,155,000.
(3) For the Marine Corps, $2,521,822,000.
(4) For the Air Force, $18,719,277,000.
(5) For Defense-wide activities, $9,910,476,000.
(6) For the Army Reserve, $1,129,191,000.
(7) For the Naval Reserve, $868,342,000.
(8) For the Marine Corps Reserve, $100,283,000.
(9) For the Air Force Reserve, $1,516,287,000.
(10) For the Army National Guard, $2,361,808,000.
(11) For the Air National Guard, $2,760,121,000.
(12) For the Defense Inspector General, $138,226,000.
(13) For the United States Court of Appeals for the Armed
Forces, $6,521,000.
(14) For Environmental Restoration, Defense, $1,422,200,000.
(15) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For support for the 1996 Summer Olympics, $15,000,000.
(18) For Cooperative Threat Reduction programs,
$300,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1996
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund, $878,700,000.
(2) For the National Defense Sealift Fund, $1,024,220,000.
[[Page 110 STAT. 246]]
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1996
from the Armed Forces Retirement Home Trust Fund the sum of $59,120,000
for the operation of the Armed Forces Retirement Home, including the
United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations
Acts, not more than $150,000,000 is authorized to be transferred from
the National Defense Stockpile Transaction Fund to operation and
maintenance accounts for fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL.
Of the amounts authorized to be appropriated pursuant to this Act,
there shall be made available to the Civil Air Patrol $24,500,000, of
which $14,704,000 shall be made available for the Civil Air Patrol
Corporation.
Subtitle B--Depot-Level Activities
SEC. 311. <<NOTE: 10 USC 2464 note.>> POLICY REGARDING PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR FOR THE DEPARTMENT OF
DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense does not have a comprehensive
policy regarding the performance of depot-level maintenance and
repair of military equipment.
(2) The absence of such a policy has caused the Congress to
establish guidelines for the performance of such functions.
(3) It is essential to the national security of the United
States that the Department of Defense maintain an organic
capability within the department, including skilled personnel,
technical competencies, equipment, and facilities, to perform
depot-level maintenance and repair of military equipment in
order to ensure that the Armed Forces of the United States are
able to meet training, operational, mobilization, and emergency
requirements without impediment.
(4) The organic capability of the Department of Defense to
perform depot-level maintenance and repair of military equipment
must satisfy known and anticipated core mainte
[[Page 110 STAT. 247]]
nance and repair requirements across the full range of peacetime
and wartime scenarios.
(5) Although it is possible that savings can be achieved by
contracting with private-sector sources for the performance of
some work currently performed by Department of Defense depots,
the Department of Defense has not determined the type or amount
of work that should be performed under contract with private-
sector sources nor the relative costs and benefits of
contracting for the performance of such work by those sources.
(b) Sense of Congress.--It is the sense of Congress that there is a
compelling need for the Department of Defense to articulate known and
anticipated core maintenance and repair requirements, to organize the
resources of the Department of Defense to meet those requirements
economically and efficiently, and to determine what work should be
performed by the private sector and how such work should be managed.
(c) <<NOTE: Reports.>> Requirement for Policy.--Not later than March
31, 1996, the Secretary of Defense shall develop and report to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a comprehensive policy on the
performance of depot-level maintenance and repair for the Department of
Defense that maintains the capability described in section 2464 of title
10, United States Code.
(d) Content of Policy.--In developing the policy, the Secretary of
Defense shall do each of the following:
(1) Identify for each military department, with the
concurrence of the Secretary of that military department, those
depot-level maintenance and repair activities that are necessary
to ensure the depot-level maintenance and repair capability as
required by section 2464 of title 10, United States Code.
(2) Provide for performance of core depot-level maintenance
and repair capabilities in facilities owned and operated by the
United States.
(3) Provide for the core capabilities to include sufficient
skilled personnel, equipment, and facilities that--
(A) is of the proper size (i) to ensure a ready and
controlled source of technical competence and repair and
maintenance capability necessary to meet the
requirements of the National Military Strategy and other
requirements for responding to mobilizations and
military contingencies, and (ii) to provide for rapid
augmentation in time of emergency; and
(B) is assigned sufficient workload to ensure cost
efficiency and technical proficiency in time of peace.
(4) Address environmental liability.
(5) In the case of depot-level maintenance and repair
workloads in excess of the workload required to be performed by
Department of Defense depots, provide for competition for those
workloads between public and private entities when there is
sufficient potential for realizing cost savings based on
adequate private-sector competition and technical capabilities.
(6) Address issues concerning exchange of technical data
between the Federal Government and the private sector.
(7) Provide for, in the Secretary's discretion and after
consultation with the Secretaries of the military departments,
the transfer from one military department to another, in accord
[[Page 110 STAT. 248]]
ance with merit-based selection processes, workload that
supports the core depot-level maintenance and repair
capabilities in facilities owned and operated by the United
States.
(8) Require that, in any competition for a workload (whether
among private-sector sources or between depot-level activities
of the Department of Defense and private-sector sources), bids
are evaluated under a methodology that ensures that appropriate
costs to the Government and the private sector are identified.
(9) Provide for the performance of maintenance and repair
for any new weapons systems defined as core, under section 2464
of title 10, United States Code, in facilities owned and
operated by the United States.
(e) Considerations.--In developing the policy, the Secretary shall
take into consideration the following matters:
(1) The national security interests of the United States.
(2) The capabilities of the public depots and the
capabilities of businesses in the private sector to perform the
maintenance and repair work required by the Department of
Defense.
(3) Any applicable recommendations of the Defense Base
Closure and Realignment Commission that are required to be
implemented under the Defense Base Closure and Realignment Act
of 1990.
(4) The extent to which the readiness of the Armed Forces
would be affected by a necessity to construct new facilities to
accommodate any redistribution of depot-level maintenance and
repair workloads that is made in accordance with the
recommendation of the Defense Base Closure and Realignment
Commission, under the Defense Base Closure and Realignment Act
of 1990, that such workloads be consolidated at Department of
Defense depots or private-sector facilities.
(5) Analyses of costs and benefits of alternatives,
including a comparative analysis of--
(A) the costs and benefits, including any readiness
implications, of any proposed policy to convert to
contractor performance of depot-level maintenance and
repair workloads where the workload is being performed
by Department of Defense personnel; and
(B) the costs and benefits, including any readiness
implications, of a policy to transfer depot-level
maintenance and repair workloads among depots.
(f) Repeal of 60/40 Requirement and Requirement Relating to
Competition.--(1) Sections 2466 and 2469 of title 10, United States
Code, are repealed.
(2) The table of sections at the beginning of chapter 146 of such
title is amended by striking out the items relating to sections 2466 and
2469.
(3) <<NOTE: Effective date.>> The amendments made by paragraphs (1)
and (2) shall take effect on the date (after the date of the enactment
of this Act) on which legislation is enacted that contains a provision
that specifically states one of the following:
(A) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on Armed
Services of the Senate and the Committee on National Security of
the House of Representatives pursuant to section
[[Page 110 STAT. 249]]
311 of the National Defense Authorization Act for Fiscal Year
1996 is approved.''; or
(B) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense that was
submitted by the Secretary of Defense to the Committee on Armed
Services of the Senate and the Committee on National Security of
the House of Representatives pursuant to section 311 of the
National Defense Authorization Act for Fiscal Year 1996 is
approved with the following modifications:'' (with the
modifications being stated in matter appearing after the colon).
(g) Annual Report.--If legislation referred to in subsection (f)(3)
is enacted, the Secretary of Defense shall, not later than March 1 of
each year (beginning with the year after the year in which such
legislation is enacted), submit to Congress a report that--
(1) specifies depot maintenance core capability requirements
determined in accordance with the procedures established to
comply with the policy prescribed pursuant to subsections (d)(2)
and (d)(3);
(2) specifies the planned amount of workload to be
accomplished by the depot-level activities of each military
department in support of those requirements for the following
fiscal year; and
(3) identifies the planned amount of workload, which--
(A) shall be measured by direct labor hours and by
amounts to be expended; and
(B) shall be shown separately for each commodity
group.
(h) Review by General Accounting Office.--(1) The Secretary shall
make available to the Comptroller General of the United States all
information used by the Department of Defense in developing the policy
under subsections (c) through (e) of this section.
(2) <<NOTE: Reports.>> Not later than 45 days after the date on
which the Secretary submits to Congress the report required by
subsection (c), the Comptroller General shall transmit to Congress a
report containing a detailed analysis of the Secretary's proposed policy
as reported under such subsection.
(i) Report on Depot-Level Maintenance and Repair Workload.--Not
later than March 31, 1996, the Secretary of Defense shall submit to
Congress a report on the depot-level maintenance and repair workload of
the Department of Defense. The report shall, to the maximum extent
practicable, include the following:
(1) An analysis of the need for and effect of the
requirement under section 2466 of title 10, United States Code,
that no more than 40 percent of the depot-level maintenance and
repair work of the Department of Defense be contracted for
performance by non-Government personnel, including a description
of the effect on military readiness and the national security
resulting from that requirement and a description of any
specific difficulties experienced by the Department of Defense
as a result of that requirement.
(2) An analysis of the distribution during the five fiscal
years ending with fiscal year 1995 of the depot-level
maintenance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense and
non-Government personnel, measured by direct labor hours
[[Page 110 STAT. 250]]
and by amounts expended, and displayed, for that five-year
period and for each year of that period, so as to show (for each
military department (and separately for the Navy and Marine
Corps)) such distribution.
(3) A projection of the distribution during the five fiscal
years beginning with fiscal year 1997 of the depot-level
maintenance and repair workload of the Department of Defense
between depot-level activities of the Department of Defense and
non-Government personnel, measured by direct labor hours and by
amounts expended, and displayed, for that five-year period and
for each year of that period, so as to show (for each military
department (and separately for the Navy and Marine Corps)) such
distribution that would be accomplished under a new policy as
required under subsection (c).
(j) Other Review by General Accounting Office.--(1) The Comptroller
General of the United States shall conduct an independent audit of the
findings of the Secretary of Defense in the report under subsection (i).
The Secretary of Defense shall provide to the Comptroller General for
such purpose all information used by the Secretary in preparing such
report.
(2) <<NOTE: Reports.>> Not later than 45 days after the date on
which the Secretary of Defense submits to Congress the report required
under subsection (i), the Comptroller General shall transmit to Congress
a report containing a detailed analysis of the report submitted under
that subsection.
SEC. 312. MANAGEMENT OF DEPOT EMPLOYEES.
(a) Depot Employees.--Chapter 146 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2472. Management of depot employees
``(b) Annual Report.--Not later than December 1 of each fiscal year,
the Secretary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the House of
Representatives a report on the number of employees employed and
expected to be employed by the Department of Defense during that fiscal
year to perform depot-level maintenance and repair of materiel. The
report shall indicate whether that number is sufficient to perform the
depot-level maintenance and repair functions for which funds are
expected to be provided for that fiscal year for performance by
Department of Defense employees.''.
(b) Transfer of Subsection.--Subsection (b) of section 2466 of title
10, United States Code, is transferred to section 2472 of such title, as
added by subsection (a), redesignated as subsection (a), and inserted
after the section heading.
(c) <<NOTE: 10 USC 2472 note.>> Submission of Initial Report.--The
report under subsection (b) of section 2472 of title 10, United States
Code, as added by subsection (a), for fiscal year 1996 shall be
submitted not later than March 15, 1996 (notwithstanding the date
specified in such subsection).
[[Page 110 STAT. 251]]
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2472. Management of depot employees.''.
SEC. 313. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1684) is amended by striking
out ``September 30, 1995'' and inserting in lieu thereof ``September 30,
1996''.
SEC. 314. MODIFICATION OF NOTIFICATION REQUIREMENT REGARDING USE
OF CORE LOGISTICS FUNCTIONS WAIVER.
Section 2464(b) of title 10, United States Code, is amended by
striking out paragraphs (3) and (4) and inserting in lieu thereof the
following new paragraph:
``(3) A waiver under paragraph (2) may not take effect until the end
of the 30-day period beginning on the date on which the Secretary
submits a report on the waiver to the Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee on
National Security and the Committee on Appropriations of the House of
Representatives.''.
Subtitle C--Environmental Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS FOR SERVICES
UNDER ENVIRONMENTAL RESTORATION PROGRAM.
(a) Requirements.--(1) Section 2701(d) of title 10, United States
Code, is amended to read as follows:
``(d) Services of Other Agencies.--
``(1) In general.--Subject to paragraph (2), the Secretary
may enter into agreements on a reimbursable or other basis with
any other Federal agency, or with any State or local government
agency, to obtain the services of the agency to assist the
Secretary in carrying out any of the Secretary's
responsibilities under this section. Services which may be
obtained under this subsection include the identification,
investigation, and cleanup of any off-site contamination
resulting from the release of a hazardous substance or waste at
a facility under the Secretary's jurisdiction.
``(2) Limitation on reimbursable agreements.--An agreement
with an agency under paragraph (1) may not provide for
reimbursement of the agency for regulatory enforcement
activities.''.
(2)(A) <<NOTE: 10 USC 2701 note.>> Except as provided in
subparagraph (B), the total amount of funds available for reimbursements
under agreements entered into under section 2710(d) of title 10, United
States Code, as amended by paragraph (1), in fiscal year 1996 may not
exceed $10,000,000.
(B) The Secretary of Defense may pay in fiscal year 1996 an amount
for reimbursements under agreements referred to in subparagraph (A) in
excess of the amount specified in that subparagraph for that fiscal year
if--
(i) <<NOTE: Certification.>> the Secretary certifies to
Congress that the payment of the amount under this subparagraph
is essential for the
[[Page 110 STAT. 252]]
management of the Defense Environmental Restoration Program
under chapter 160 of title 10, United States Code; and
(ii) a period of 60 days has expired after the date on which
the certification is received by Congress.
(b) <<NOTE: 10 USC 2706 note.>> Report on Services Obtained.--The
Secretary of Defense shall include in the report submitted to Congress
with respect to fiscal year 1998 under section 2706(a) of title 10,
United States Code, information on the services, if any, obtained by the
Secretary during fiscal year 1996 pursuant to each agreement on a
reimbursable basis entered into with a State or local government agency
under section 2701(d) of title 10, United States Code, as amended by
subsection (a). The information shall include a description of the
services obtained under each agreement and the amount of the
reimbursement provided for the services.
SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE ENVIRONMENTAL
RESTORATION ACCOUNT.
Section 2703(e) of title 10, United States Code, is amended to read
as follows:
``(e) Amounts Recovered.--The following amounts shall be credited to
the transfer account:
``(1) Amounts recovered under CERCLA for response actions of
the Secretary.
``(2) Any other amounts recovered by the Secretary or the
Secretary of the military department concerned from a
contractor, insurer, surety, or other person to reimburse the
Department of Defense for any expenditure for environmental
response activities.''.
SEC. 323. USE OF DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT.
(a) Goal for Certain DERA Expenditures.--It shall be the goal of the
Secretary of Defense to limit, by the end of fiscal year 1997, spending
for administration, support, studies, and investigations associated with
the Defense Environmental Restoration Account to 20 percent of the total
funding for that account.
(b) Report.--Not later than April 1, 1996, the Secretary shall
submit to Congress a report that contains specific, detailed information
on--
(1) the extent to which the Secretary has attained the goal
described in subsection (a) as of the date of the submission of
the report; and
(2) if the Secretary has not attained such goal by such
date, the actions the Secretary plans to take to attain the
goal.
SEC. 324. REVISION OF AUTHORITIES RELATING TO RESTORATION ADVISORY
BOARDS.
(a) Regulations.--Paragraph (2) of subsection (d) of section 2705 of
title 10, United States Code, is amended to read as follows:
``(2)(A) The Secretary shall prescribe regulations regarding the
establishment, characteristics, composition, and funding of restoration
advisory boards pursuant to this subsection.
``(B) The issuance of regulations under subparagraph (A) shall not
be a precondition to the establishment of restoration advisory boards
under this subsection.''.
(b) Funding for Administrative Expenses.--Paragraph (3) of such
subsection is amended to read as follows:
[[Page 110 STAT. 253]]
``(3) The Secretary may authorize the commander of an installation
(or, if there is no such commander, an appropriate official of the
Department of Defense designated by the Secretary) to pay routine
administrative expenses of a restoration advisory board established for
that installation. Such payments shall be made from funds available
under subsection (g).''.
(c) Technical Assistance.--Such section is further amended by
striking out subsection (e) and inserting in lieu thereof the following
new subsection (e):
``(e) Technical Assistance.--(1) The Secretary may, upon the request
of the technical review committee or restoration advisory board for an
installation, authorize the commander of the installation (or, if there
is no such commander, an appropriate official of the Department of
Defense designated by the Secretary) to obtain for the committee or
advisory board, as the case may be, from private sector sources
technical assistance for interpreting scientific and engineering issues
with regard to the nature of environmental hazards at the installation
and the restoration activities conducted, or proposed to be conducted,
at the installation. The commander of an installation (or, if there is
no such commander, an appropriate official of the Department of Defense
designated by the Secretary) shall use funds made available under
subsection (g) for obtaining assistance under this paragraph.
``(2) The commander of an installation (or, if there is no such
commander, an appropriate official of the Department of Defense
designated by the Secretary) may obtain technical assistance under
paragraph (1) for a technical review committee or restoration advisory
board only if--
``(A) the technical review committee or restoration advisory
board demonstrates that the Federal, State, and local agencies
responsible for overseeing environmental restoration at the
installation, and available Department of Defense personnel, do
not have the technical expertise necessary for achieving the
objective for which the technical assistance is to be obtained;
or
``(B) the technical assistance--
``(i) is likely to contribute to the efficiency,
effectiveness, or timeliness of environmental
restoration activities at the installation; and
``(ii) is likely to contribute to community
acceptance of environmental restoration activities at
the installation.''.
(d) Funding.--(1) Such section is further amended by adding at the
end the following new subsection:
``(g) Funding.--The Secretary shall, to the extent provided in
appropriations Acts, make funds available for administrative expenses
and technical assistance under this section using funds in the following
accounts:
``(1) In the case of a military installation not approved
for closure pursuant to a base closure law, the Defense
Environmental Restoration Account established under section
2703(a) of this title.
``(2) In the case of an installation approved for closure
pursuant to such a law, the Department of Defense Base Closure
Account 1990 established under section 2906(a) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note).''.
[[Page 110 STAT. 254]]
(2)(A) <<NOTE: 10 USC 2705 note.>> Subject to subparagraph (B), the
total amount of funds made available under section 2705(g) of title 10,
United States Code, as added by paragraph (1), for fiscal year 1996 may
not exceed $6,000,000.
(B) Amounts may not be made available under subsection (g) of such
section 2705 after September 15, 1996, unless the Secretary of Defense
publishes proposed final or interim final regulations required under
subsection (d) of such section, as amended by subsection (a).
(e) Definition.--Such section is further amended by adding after
subsection (g) (as added by subsection (d)) the following new
subsection:
``(h) Definition.--In this section, the term `base closure law'
means the following:
``(1) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
``(2) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(3) Section 2687 of this title.''.
(f) Reports on Activities of Technical Review Committees and
Restoration Advisory Boards.--Section 2706(a)(2) of title 10, United
States Code, is amended by adding at the end the following:
``(J) A statement of the activities, if any, including
expenditures for administrative expenses and technical
assistance under section 2705 of this title, of the technical
review committee or restoration advisory board established for
the installation under such section during the preceding fiscal
year.''.
SEC. 325. DISCHARGES FROM VESSELS OF THE ARMED FORCES.
(a) <<NOTE: 33 USC 1322 note.>> Purposes.--The purposes of this
section are to--
(1) enhance the operational flexibility of vessels of the
Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel pollution
control technology; and
(3) advance the development by the United States Navy of
environmentally sound ships.
(b) Uniform National Discharge Standards Development.--Section 312
of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended
by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of the Armed
Forces.--
``(1) Applicability.--This subsection shall apply to vessels
of the Armed Forces and discharges, other than sewage,
incidental to the normal operation of a vessel of the Armed
Forces, unless the Secretary of Defense finds that compliance
with this subsection would not be in the national security
interests of the United States.
``(2) Determination of discharges required to be controlled
by marine pollution control devices.--
``(A) In general.--The Administrator and the
Secretary of Defense, after consultation with the
Secretary of the department in which the Coast Guard is
operating, the Secretary of Commerce, and interested
States, shall jointly determine the discharges
incidental to the normal
[[Page 110 STAT. 255]]
operation of a vessel of the Armed Forces for which it
is reasonable and practicable to require use of a marine
pollution control device to mitigate adverse impacts on
the marine environment. Notwithstanding subsection
(a)(1) of section 553 of title 5, United States Code,
the Administrator and the Secretary of Defense shall
promulgate the determinations in accordance with such
section. The Secretary of Defense shall require the use
of a marine pollution control device on board a vessel
of the Armed Forces in any case in which it is
determined that the use of such a device is reasonable
and practicable.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator and the
Secretary of Defense shall take into consideration--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge;
``(iii) the practicability of using the marine
pollution control device;
``(iv) the effect that installation or use of
the marine pollution control device would have on
the operation or operational capability of the
vessel;
``(v) applicable United States law;
``(vi) applicable international standards; and
``(vii) the economic costs of the installation
and use of the marine pollution control device.
``(3) Performance standards for marine pollution control
devices.--
``(A) In general.--For each discharge for which a
marine pollution control device is determined to be
required under paragraph (2), the Administrator and the
Secretary of Defense, in consultation with the Secretary
of the department in which the Coast Guard is operating,
the Secretary of State, the Secretary of Commerce, other
interested Federal agencies, and interested States,
shall jointly promulgate Federal standards of
performance for each marine pollution control device
required with respect to the discharge. Notwithstanding
subsection (a)(1) of section 553 of title 5, United
States Code, the Administrator and the Secretary of
Defense shall promulgate the standards in accordance
with such section.
``(B) Considerations.--In promulgating standards
under this paragraph, the Administrator and the
Secretary of Defense shall take into consideration the
matters set forth in paragraph (2)(B).
``(C) Classes, types, and sizes of vessels.--The
standards promulgated under this paragraph may--
``(i) distinguish among classes, types, and
sizes of vessels;
``(ii) distinguish between new and existing
vessels; and
``(iii) provide for a waiver of the
applicability of the standards as necessary or
appropriate to a particular class, type, age, or
size of vessel.
``(4) Regulations for use of marine pollution control
devices.--The Secretary of Defense, after consultation with the
Administrator and the Secretary of the department in which the
Coast Guard is operating, shall promulgate such regulations
[[Page 110 STAT. 256]]
governing the design, construction, installation, and use of
marine pollution control devices on board vessels of the Armed
Forces as are necessary to achieve the standards promulgated
under paragraph (3).
``(5) Deadlines; effective date.--
``(A) Determinations.--The Administrator and the
Secretary of Defense shall--
``(i) make the initial determinations under
paragraph (2) not later than 2 years after the
date of the enactment of this subsection; and
``(ii) every 5 years--
``(I) review the determinations; and
``(II) if necessary, revise the
determinations based on significant new
information.
``(B) Standards.--The Administrator and the
Secretary of Defense shall--
``(i) promulgate standards of performance for
a marine pollution control device under paragraph
(3) not later than 2 years after the date of a
determination under paragraph (2) that the marine
pollution control device is required; and
``(ii) every 5 years--
``(I) review the standards; and
``(II) if necessary, revise the
standards, consistent with paragraph
(3)(B) and based on significant new
information.
``(C) Regulations.--The Secretary of Defense shall
promulgate regulations with respect to a marine
pollution control device under paragraph (4) as soon as
practicable after the Administrator and the Secretary of
Defense promulgate standards with respect to the device
under paragraph (3), but not later than 1 year after the
Administrator and the Secretary of Defense promulgate
the standards. The regulations promulgated by the
Secretary of Defense under paragraph (4) shall become
effective upon promulgation unless another effective
date is specified in the regulations.
``(D) Petition for review.--The Governor of any
State may submit a petition requesting that the
Secretary of Defense and the Administrator review a
determination under paragraph (2) or a standard under
paragraph (3), if there is significant new information,
not considered previously, that could reasonably result
in a change to the particular determination or standard
after consideration of the matters set forth in
paragraph (2)(B). The petition shall be accompanied by
the scientific and technical information on which the
petition is based. The Administrator and the Secretary
of Defense shall grant or deny the petition not later
than 2 years after the date of receipt of the petition.
``(6) Effect on other laws.--
``(A) Prohibition on regulation by states or
political subdivisions of states.--Beginning on the
effective date of--
``(i) a determination under paragraph (2) that
it is not reasonable and practicable to require
use of a marine pollution control device regarding
a particular
[[Page 110 STAT. 257]]
discharge incidental to the normal operation of a
vessel of the Armed Forces; or
``(ii) regulations promulgated by the
Secretary of Defense under paragraph (4);
except as provided in paragraph (7), neither a State nor
a political subdivision of a State may adopt or enforce
any statute or regulation of the State or political
subdivision with respect to the discharge or the design,
construction, installation, or use of any marine
pollution control device required to control discharges
from a vessel of the Armed Forces.
``(B) Federal laws.--This subsection shall not
affect the application of section 311 to discharges
incidental to the normal operation of a vessel.
``(7) Establishment of state no-discharge zones.--
``(A) State prohibition.--
``(i) In general.--After the effective date
of--
``(I) a determination under
paragraph (2) that it is not reasonable
and practicable to require use of a
marine pollution control device
regarding a particular discharge
incidental to the normal operation of a
vessel of the Armed Forces; or
``(II) regulations promulgated by
the Secretary of Defense under paragraph
(4);
if a State determines that the protection and
enhancement of the quality of some or all of the
waters within the State require greater
environmental protection, the State may prohibit 1
or more discharges incidental to the normal
operation of a vessel, whether treated or not
treated, into the waters. No prohibition shall
apply until the Administrator makes the
determinations described in subclauses (II) and
(III) of subparagraph (B)(i).
``(ii) Documentation.--To the extent that a
prohibition under this paragraph would apply to
vessels of the Armed Forces and not to other types
of vessels, the State shall document the technical
or environmental basis for the distinction.
``(B) Prohibition by the administrator.--
``(i) <<NOTE: Regulations.>> In general.--Upon
application of a State, the Administrator shall by
regulation prohibit the discharge from a vessel of
1 or more discharges incidental to the normal
operation of a vessel, whether treated or not
treated, into the waters covered by the
application if the Administrator determines that--
``(I) the protection and enhancement
of the quality of the specified waters
within the State require a prohibition
of the discharge into the waters;
``(II) adequate facilities for the
safe and sanitary removal of the
discharge incidental to the normal
operation of a vessel are reasonably
available for the waters to which the
prohibition would apply; and
``(III) the prohibition will not
have the effect of discriminating
against a vessel of the Armed Forces by
reason of the ownership or operation
[[Page 110 STAT. 258]]
by the Federal Government, or the
military function, of the vessel.
``(ii) Approval or disapproval.--The
Administrator shall approve or disapprove an
application submitted under clause (i) not later
than 90 days after the date on which the
application is submitted to the Administrator.
Notwithstanding clause (i)(II), the Administrator
shall not disapprove an application for the sole
reason that there are not adequate facilities to
remove any discharge incidental to the normal
operation of a vessel from vessels of the Armed
Forces.
``(C) Applicability to foreign flagged vessels.--A
prohibition under this paragraph--
``(i) shall not impose any design,
construction, manning, or equipment standard on a
foreign flagged vessel engaged in innocent passage
unless the prohibition implements a generally
accepted international rule or standard; and
``(ii) that relates to the prevention,
reduction, and control of pollution shall not
apply to a foreign flagged vessel engaged in
transit passage unless the prohibition implements
an applicable international regulation regarding
the discharge of oil, oily waste, or any other
noxious substance into the waters.
``(8) Prohibition relating to vessels of the armed forces.--
After the effective date of the regulations promulgated by the
Secretary of Defense under paragraph (4), it shall be unlawful
for any vessel of the Armed Forces subject to the regulations
to--
``(A) operate in the navigable waters of the United
States or the waters of the contiguous zone, if the
vessel is not equipped with any required marine
pollution control device meeting standards established
under this subsection; or
``(B) discharge overboard any discharge incidental
to the normal operation of a vessel in waters with
respect to which a prohibition on the discharge has been
established under paragraph (7).
``(9) Enforcement.--This subsection shall be enforceable, as
provided in subsections (j) and (k), against any agency of the
United States responsible for vessels of the Armed Forces
notwithstanding any immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1322(a)) is amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of the United
States,'' after ``association,'';
(B) in paragraph (11), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal operation of a
vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water, cooling water,
weather deck runoff, ballast water, oil water
separator effluent,
[[Page 110 STAT. 259]]
and any other pollutant discharge from the
operation of a marine propulsion system, shipboard
maneuvering system, crew habitability system, or
installed major equipment, such as an aircraft
carrier elevator or a catapult, or from a
protective, preservative, or absorptive
application to the hull of the vessel; and
``(ii) a discharge in connection with the
testing, maintenance, and repair of a system
described in clause (i) whenever the vessel is
waterborne; and
``(B) does not include--
``(i) a discharge of rubbish, trash, garbage,
or other such material discharged overboard;
``(ii) an air emission resulting from the
operation of a vessel propulsion system, motor
driven equipment, or incinerator; or
``(iii) a discharge that is not covered by
part 122.3 of title 40, Code of Federal
Regulations (as in effect on the date of the
enactment of subsection (n));
``(13) `marine pollution control device' means any equipment
or management practice, for installation or use on board a
vessel of the Armed Forces, that is--
``(A) designed to receive, retain, treat, control,
or discharge a discharge incidental to the normal
operation of a vessel; and
``(B) determined by the Administrator and the
Secretary of Defense to be the most effective equipment
or management practice to reduce the environmental
impacts of the discharge consistent with the
considerations set forth in subsection (n)(2)(B); and
``(14) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the Department
of Defense, other than a time or voyage chartered
vessel; and
``(B) any vessel owned or operated by the Department
of Transportation that is designated by the Secretary of
the department in which the Coast Guard is operating as
a vessel equivalent to a vessel described in
subparagraph (A).''.
(2) Enforcement.--The first sentence of section 312(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1322(j)) is
amended--
(A) by striking ``of this section or'' and inserting
a comma; and
(B) by striking ``of this section shall'' and
inserting ``, or subsection (n)(8) shall''.
(3) Other definitions.--Subparagraph (A) of the second
sentence of section 502(6) of the Federal Water Pollution
Control Act (33 U.S.C. 1362(6)) is amended by striking ``
`sewage from vessels' '' and inserting `` `sewage from vessels
or a discharge incidental to the normal operation of a vessel of
the Armed Forces' ''.
(d) <<NOTE: 33 USC 1322 note.>> Cooperation in Standards
Development.--The Administrator of the Environmental Protection Agency
and the Secretary of Defense may, by mutual agreement, with or without
reimbursement, provide for the use of information, reports, personnel,
or other resources of the Environmental Protection Agency or the
Department of Defense to carry out section 312(n) of the Federal
[[Page 110 STAT. 260]]
Water Pollution Control Act (as added by subsection (b)), including the
use of the resources--
(1) to determine--
(A) the nature and environmental effect of
discharges incidental to the normal operation of a
vessel of the Armed Forces;
(B) the practicability of using marine pollution
control devices on vessels of the Armed Forces; and
(C) the effect that installation or use of marine
pollution control devices on vessels of the Armed Forces
would have on the operation or operational capability of
the vessels; and
(2) to establish performance standards for marine pollution
control devices on vessels of the Armed Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. OPERATION OF COMMISSARY SYSTEM.
(a) Cooperation With Other Entities.--Section 2482 of title 10,
United States Code, is amended--
(1) in the section heading, by striking out ``private'';
(2) by inserting ``(a) Private Operation.--'' before
``Private persons''; and
(3) by adding at the end the following new subsection:
``(b) Contracts With Other Agencies and Instrumentalities.--(1) The
Defense Commissary Agency, and any other agency of the Department of
Defense that supports the operation of the commissary system, may enter
into a contract or other agreement with another department, agency, or
instrumentality of the Department of Defense or another Federal agency
to provide services beneficial to the efficient management and operation
of the commissary system.
``(2) A commissary store operated by a nonappropriated fund
instrumentality of the Department of Defense shall be operated in
accordance with section 2484 of this title. Subject to such section, the
Secretary of Defense may authorize a transfer of goods, supplies, and
facilities of, and funds appropriated for, the Defense Commissary Agency
or any other agency of the Department of Defense that supports the
operation of the commissary system to a nonappropriated fund
instrumentality for the operation of a commissary store.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 147 of such title is
amended to read as follows:
``2482. Commissary stores: operation.''.
SEC. 332. LIMITED RELEASE OF COMMISSARY STORES SALES INFORMATION TO
MANUFACTURERS, DISTRIBUTORS, AND OTHER VENDORS DOING
BUSINESS WITH DEFENSE COMMISSARY AGENCY.
Section 2487(b) of title 10, United States Code, is amended in the
second sentence by inserting before the period the following: ``unless
the agreement is between the Defense Commissary Agency and a
manufacturer, distributor, or other vendor doing business with the
Agency and is restricted to information directly related
[[Page 110 STAT. 261]]
to merchandise provided by that manufacturer, distributor, or
vendor''.
SEC. 333. ECONOMICAL DISTRIBUTION OF DISTILLED SPIRITS BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Economical Distribution.--Subsection (a)(1) of section 2488 of
title 10, United States Code, is amended by inserting after ``most
competitive source'' the following: ``and distributed in the most
economical manner''.
(b) Determination of Most Economical Distribution Method.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) In the case of covered alcoholic beverage purchases of
distilled spirits, to determine whether a nonappropriated fund
instrumentality of the Department of Defense provides the most
economical method of distribution to package stores, the Secretary of
Defense shall consider all components of the distribution costs incurred
by the nonappropriated fund instrumentality, such as overhead costs
(including costs associated with management, logistics, administration,
depreciation, and utilities), the costs of carrying inventory, and
handling and distribution costs.
``(2) If the use of a private distributor would subject covered
alcoholic beverage purchases of distilled spirits to direct or indirect
State taxation, a nonappropriated fund instrumentality shall be
considered to be the most economical method of distribution regardless
of the results of the determination under paragraph (1).
``(3) The Secretary shall use the agencies performing audit
functions on behalf of the armed forces and the Inspector General of the
Department of Defense to make determinations under this subsection.''.
SEC. 334. TRANSPORTATION BY COMMISSARIES AND EXCHANGES TO OVERSEAS
LOCATIONS.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2643. Commissary and exchange services: transportation overseas
``The Secretary of Defense shall authorize the officials responsible
for operation of commissaries and military exchanges to negotiate
directly with private carriers for the most cost-effective
transportation of commissary and exchange supplies by sea without
relying on the Military Sealift Command or the Military Traffic
Management Command. Section 2631 of this title, regarding the preference
for vessels of the United States or belonging to the United States in
the transportation of supplies by sea, shall apply to the negotiation of
transportation contracts under the authority of this section.''.
[[Page 110 STAT. 262]]
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2643. Commissary and exchange services: transportation overseas.''.
SEC. 335. <<NOTE: 10 USC 2241 note.>> DEMONSTRATION PROJECT FOR
UNIFORM FUNDING OF MORALE, WELFARE, AND
RECREATION ACTIVITIES AT CERTAIN MILITARY
INSTALLATIONS.
(a) Demonstration Project Required.--(1) The Secretary of Defense
shall conduct a demonstration project to evaluate the feasibility of
using only nonappropriated funds to support morale, welfare, and
recreation programs at military installations in order to facilitate the
procurement of property and services for those programs and the
management of employees used to carry out those programs.
(2) Under the demonstration project--
(A) procurements of property and services for programs
referred to in paragraph (1) may be carried out in accordance
with laws and regulations applicable to procurements paid for
with nonappropriated funds; and
(B) appropriated funds available for such programs may be
expended in accordance with laws applicable to expenditures of
nonappropriated funds as if the appropriated funds were
nonappropriated funds.
(3) <<NOTE: Regulations.>> The Secretary shall prescribe regulations
to carry out paragraph (2). The regulations shall provide for financial
management and accounting of appropriated funds expended in accordance
with subparagraph (B) of such paragraph.
(b) Covered Military Installations.--The Secretary shall select not
less than three and not more than six military installations to
participate in the demonstration project.
(c) <<NOTE: Termination date.>> Period of Demonstration Project.--
The demonstration project shall terminate not later than September 30,
1998.
(d) Effect on Employees.--For the purpose of testing fiscal
accounting procedures, the Secretary may convert, for the duration of
the demonstration project, the status of an employee who carries out a
program referred to in subsection (a)(1) from the status of an employee
paid by appropriated funds to the status of a nonappropriated fund
instrumentality employee, except that such conversion may occur only--
(1) if the employee whose status is to be converted--
(A) is fully informed of the effects of such
conversion on the terms and conditions of the employment
of that employee for purposes of title 5, United States
Code, and on the benefits provided to that employee
under such title; and
(B) consents to such conversion; or
(2) in a manner which does not affect such terms and
conditions of employment or such benefits.
(e) Reports.--(1) Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to Congress an interim
report on the implementation of this section.
(2) Not later than December 31, 1998, the Secretary shall submit to
Congress a final report on the results of the demonstration project. The
report shall include a comparison of--
(A) the cost incurred under the demonstration project in
using employees paid by appropriated funds together with
[[Page 110 STAT. 263]]
nonappropriated fund instrumentality employees to carry out the
programs referred to in subsection (a)(1); and
(B) an estimate of the cost that would have been incurred if
only nonappropriated fund instrumentality employees had been
used to carry out such programs.
SEC. 336. OPERATION OF COMBINED EXCHANGE AND COMMISSARY STORES.
(a) In General.--(1) Chapter 147 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2490a. Combined exchange and commissary stores
``(a) Authority.--The Secretary of Defense may authorize a
nonappropriated fund instrumentality to operate a military exchange and
a commissary store as a combined exchange and commissary store on a
military installation.
``(b) Limitations.--(1) Not more than ten combined exchange and
commissary stores may be operated pursuant to this section.
``(2) The Secretary may select a military installation for the
operation of a combined exchange and commissary store under this section
only if--
``(A) the installation is to be closed, or has been or is to
be realigned, under a base closure law; or
``(B) a military exchange and a commissary store are
operated at the installation by separate entities at the time
of, or immediately before, such selection and it is not
economically feasible to continue that separate operation.
``(c) <<NOTE: Texas.>> Operation at Carswell Field.--Combined
exchange and commissary stores operated under this section shall include
the combined exchange and commissary store that is operated at the Naval
Air Station Fort Worth, Joint Reserve Center, Carswell Field, Texas,
under the authority provided in section 375 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2736).
``(d) Adjustments and Surcharges.--Adjustments to, and surcharges
on, the sales price of a grocery food item sold in a combined exchange
and commissary store under this section shall be provided for in
accordance with the same laws that govern such adjustments and
surcharges for items sold in a commissary store of the Defense
Commissary Agency.
``(e) Use of Appropriated Funds.--(1) If a nonappropriated fund
instrumentality incurs a loss in operating a combined exchange and
commissary store at a military installation under this section as a
result of the requirement set forth in subsection (d), the Secretary may
authorize a transfer of funds available for the Defense Commissary
Agency to the nonappropriated fund instrumentality to offset the loss.
``(2) The total amount of appropriated funds transferred during a
fiscal year to support the operation of a combined exchange and
commissary store at a military installation under this section may not
exceed an amount that is equal to 25 percent of the amount of
appropriated funds that was provided for the operation of the commissary
store of the Defense Commissary Agency on that installation during the
last full fiscal year of operation of that commissary store.
``(f) Definitions.--In this section:
[[Page 110 STAT. 264]]
``(1) The term `nonappropriated fund instrumentality' means
the Army and Air Force Exchange Service, Navy Exchange Service
Command, Marine Corps exchanges, or any other instrumentality of
the United States under the jurisdiction of the Armed Forces
which is conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed Forces.
``(2) The term `base closure law' has the meaning given such
term by section 2667(g) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2490a. Combined exchange and commissary stores.''.
(b) Conforming Amendment.--Section 375 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2736) is amended by striking out ``, until December 31, 1995,''.
SEC. 337. DEFERRED PAYMENT PROGRAMS OF MILITARY EXCHANGES.
(a) <<NOTE: Contracts.>> Use of Commercial Banking Institution.--(1)
As soon as practicable after the date of the enactment of this Act, the
Secretary of Defense shall seek to enter into an agreement with a
commercial banking institution under which the institution agrees to
finance and operate the deferred payment program of the Army and Air
Force Exchange Service and the deferred payment program of the Navy
Exchange Service Command. The Secretary shall use competitive procedures
to enter into an agreement under this paragraph.
(2) In order to facilitate the transition of the operation of the
programs referred to in paragraph (1) to commercial operation under an
agreement described in that paragraph, the Secretary may initially limit
the scope of any such agreement so as to apply to only one of the
programs.
(b) Report.--Not later than December 31, 1995, the Secretary shall
submit to Congress a report on the implementation of this section. The
report shall also include an analysis of the impact of the deferred
payment programs referred to in subsection (a)(1), including the impact
of the default and collection procedures under such programs, on members
of the Armed Forces and their families.
SEC. 338. AVAILABILITY OF FUNDS TO OFFSET EXPENSES INCURRED BY
ARMY AND AIR FORCE EXCHANGE SERVICE ON
ACCOUNT OF TROOP REDUCTIONS IN EUROPE.
Of funds authorized to be appropriated under section 301(5), not
less than $70,000,000 shall be available to the Secretary of Defense for
transfer to the Army and Air Force Exchange Service to offset expenses
incurred by the Army and Air Force Exchange Service on account of
reductions in the number of members of the United States Armed Forces
assigned to permanent duty ashore in Europe.
SEC. 339. STUDY REGARDING IMPROVING EFFICIENCIES IN OPERATION OF
MILITARY EXCHANGES AND OTHER MORALE,
WELFARE, AND RECREATION ACTIVITIES AND
COMMISSARY STORES.
(a) Study Required.--The Secretary of Defense shall conduct a study
regarding the manner in which greater efficiencies can be achieved in
the operation of--
(1) military exchanges;
[[Page 110 STAT. 265]]
(2) other instrumentalities of the United States under the
jurisdiction of the Armed Forces which are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the Armed Forces; and
(3) commissary stores.
(b) Report of Study.--Not later than March 1, 1996, the Secretary of
Defense shall submit to Congress a report describing the results of the
study and containing such recommendations as the Secretary considers
appropriate to implement options identified in the study to achieve the
greater efficiencies referred to in subsection (a).
SEC. 340. REPEAL OF REQUIREMENT TO CONVERT SHIPS' STORES TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Repeal.--Section 371 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 7604 note) is
amended--
(1) by striking out subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
(b) <<NOTE: Reports.>> Inspector General Review.--Not later than
April 1, 1996, the Inspector General of the Department of Defense shall
submit to Congress a report that reviews the report on the costs and
benefits of converting to operation of Navy ships' stores by
nonappropriated fund instrumentalities that the Navy Audit Agency
prepared in connection with the postponement of the deadline for the
conversion provided for in section 374(a) of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2736).
SEC. 341. DISPOSITION OF EXCESS MORALE, WELFARE, AND RECREATION
FUNDS.
Section 2219 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``a military
department'' and inserting in lieu thereof ``an armed force'';
(2) in the second sentence--
(A) by striking out ``, department-wide''; and
(B) by striking out ``of the military department''
and inserting in lieu thereof ``for that armed force'';
and
(3) by adding at the end the following: ``This section does
not apply to the Coast Guard.''.
SEC. 342. CLARIFICATION OF ENTITLEMENT TO USE OF MORALE, WELFARE,
AND RECREATION FACILITIES BY MEMBERS OF
RESERVE COMPONENTS AND DEPENDENTS.
(a) In General.--Section 1065 of title 10, United States Code, is
amended to read as follows:
``Sec. 1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents
``(a) Members of the Selected Reserve.--A member of the Selected
Reserve in good standing (as determined by the Secretary concerned)
shall be permitted to use MWR retail facilities on the same basis as
members on active duty.
``(b) Members of Ready Reserve Not in Selected Reserve.--Subject to
such regulations as the Secretary of Defense may prescribe, a member of
the Ready Reserve (other than members of
[[Page 110 STAT. 266]]
the Selected Reserve) may be permitted to use MWR retail facilities on
the same basis as members serving on active duty.
``(c) Reserve Retirees Under Age 60.--A member or former member of a
reserve component under 60 years of age who, but for age, would be
eligible for retired pay under chapter 1223 of this title shall be
permitted to use MWR retail facilities on the same basis as members of
the armed forces entitled to retired pay under any other provision of
law.
``(d) Dependents.--(1) Dependents of a member who is permitted under
subsection (a) or (b) to use MWR retail facilities shall be permitted to
use such facilities on the same basis as dependents of members on active
duty.
``(2) Dependents of a member who is permitted under subsection (c)
to use MWR retail facilities shall be permitted to use such facilities
on the same basis as dependents of members of the armed forces entitled
to retired pay under any other provision of law.
``(e) MWR Retail Facility Defined.--In this section, the term `MWR
retail facilities' means exchange stores and other revenue-generating
facilities operated by nonappropriated fund activities of the Department
of Defense for the morale, welfare, and recreation of members of the
armed forces.''.
(b) Clerical Amendment.--The item relating to such section in the
table of sections at the beginning of chapter 54 of such title is
amended to read as follows:
``1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION
SERVICES.
(a) Requirement for Competitive Procurement.--Except as provided in
subsection (b), the Secretary of Defense shall, during fiscal year 1996
and consistent with the requirements of title 44, United States Code,
competitively procure printing and duplication services from private-
sector sources for the performance of at least 70 percent of the total
printing and duplication requirements of the Defense Printing Service.
(b) Exception for Classified Information.--The requirement of
subsection (a) shall not apply to the procurement of services for
printing and duplicating classified documents and information.
SEC. 352. <<NOTE: 10 USC 2458 note.>> DIRECT VENDOR DELIVERY
SYSTEM FOR CONSUMABLE INVENTORY ITEMS OF
DEPARTMENT OF DEFENSE.
(a) Implementation of Direct Vendor Delivery System.--Not later than
September 30, 1997, the Secretary of Defense shall, to the maximum
extent practicable, implement a system under which consumable inventory
items referred to in subsection (b) are delivered to military
installations throughout the United States directly by the vendors of
those items. The purpose for implementing the system is to reduce the
expense and necessity of maintaining extensive warehouses for those
items within the Department of Defense.
(b) Covered Items.--The items referred to in subsection (a) are the
following:
[[Page 110 STAT. 267]]
(1) Food and clothing.
(2) Medical and pharmaceutical supplies.
(3) Automotive, electrical, fuel, and construction supplies.
(4) Other consumable inventory items the Secretary considers
appropriate.
SEC. 353. PAYROLL, FINANCE, AND ACCOUNTING FUNCTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: 10 USC 2461 note.>> Plan for Private Operation of
Certain Functions.--(1) Not later than October 1, 1996, the Secretary of
Defense shall submit to Congress a plan for the performance by private-
sector sources of payroll functions for civilian employees of the
Department of Defense other than employees paid from nonappropriated
funds.
(2)(A) The Secretary shall implement the plan referred to in
paragraph (1) if the Secretary determines that the cost of performance
by private-sector sources of the functions referred to in that paragraph
does not exceed the cost of performance of those functions by employees
of the Federal Government.
(B) In computing the total cost of performance of such functions by
employees of the Federal Government, the Secretary shall include the
following:
(i) Managerial and administrative costs.
(ii) Personnel costs, including the cost of providing
retirement benefits for such personnel.
(iii) Costs associated with the provision of facilities and
other support by Federal agencies.
(C) The Defense Contract Audit Agency shall verify the costs
computed for the Secretary under this paragraph by others.
(3) <<NOTE: Reports.>> At the same time the Secretary submits the
plan required by paragraph (1), the Secretary shall submit to Congress a
report on other accounting and finance functions of the Department that
are appropriate for performance by private-sector sources.
(b) <<NOTE: 10 USC 2461 note.>> Pilot Program for Private Operation
of NAFI Functions.--(1) The Secretary shall carry out a pilot program to
test the performance by private-sector sources of payroll and other
accounting and finance functions of nonappropriated fund
instrumentalities and to evaluate the extent to which cost savings and
efficiencies would result from the performance of such functions by
those sources.
(2) The payroll and other accounting and finance functions
designated by the Secretary for performance by private-sector sources
under the pilot program shall include at least one major payroll,
accounting, or finance function.
(3) To carry out the pilot program, the Secretary shall enter into
discussions with private-sector sources for the purpose of developing a
request for proposals to be issued for performance by those sources of
functions designated by the Secretary under paragraph (2). The
discussions shall be conducted on a schedule that accommodates issuance
of a request for proposals within 60 days after the date of the
enactment of this Act.
(4) A goal of the pilot program is to reduce by at least 25 percent
the total costs incurred by the Department annually for the performance
of a function referred to in paragraph (2) through the performance of
that function by a private-sector source.
(5) Before conducting the pilot program, the Secretary shall develop
a plan for the program that addresses the following:
(A) The purposes of the program.
[[Page 110 STAT. 268]]
(B) The methodology, duration, and anticipated costs of the
program, including the cost of an arrangement pursuant to which
a private-sector source would receive an agreed-upon payment
plus an additional negotiated amount not to exceed 50 percent of
the dollar savings achieved in excess of the goal specified in
paragraph (4).
(C) A specific citation to any provisions of law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(D) A mechanism to evaluate the program.
(E) A provision for all payroll, accounting, and finance
functions of nonappropriated fund instrumentalities of the
Department of Defense to be performed by private-sector
sources, if determined advisable on the basis of a final assessment of
the results of the program.
(6) The Secretary shall act through the Under Secretary of Defense
(Comptroller) in the performance of the Secretary's responsibilities
under this subsection.
(c) Limitation on Opening of New Operating Locations for Defense
Finance and Accounting Service.--(1) Except as provided in paragraph
(2), the Secretary may not establish a new operating location for the
Defense Finance and Accounting Service during fiscal year 1996.
(2) The Secretary may establish a new operating location for the
Defense Finance and Accounting Service if--
(A) for a new operating location that the Secretary planned
before the date of the enactment of this Act to establish on or
after that date, the Secretary reconsiders the need for
establishing that new operating location; and
(B) for each new operating location, including a new
operating location referred to in subparagraph (A)--
(i) the Secretary submits to Congress, as part of
the report required by subsection (a)(4), an analysis of
the need for establishing the new operating location;
and
(ii) a period of 30 days elapses after the Congress
receives the report.
(3) In this subsection, the term ``new operating location'' means an
operating location that is not in operation on the date of the enactment
of this Act, except that such term does not include an operating
location for which, as of such date--
(A) the Secretary has established a date for the
commencement of operations; and
(B) funds have been expended for the purpose of its
establishment.
SEC. 354. <<NOTE: 10 USC 2461 note.>> DEMONSTRATION PROGRAM TO
IDENTIFY OVERPAYMENTS MADE TO VENDORS.
(a) In General.--The Secretary of Defense shall conduct a
demonstration program to evaluate the feasibility of using private
contractors to audit accounting and procurement records of the
Department of Defense in order to identify overpayments made to vendors
by the Department. The demonstration program shall be conducted for the
Defense Logistics Agency and include the Defense Personnel Support
Center.
(b) <<NOTE: Contracts.>> Program Requirements.--(1) Under the
demonstration program, the Secretary shall, by contract, provide for one
or more persons to audit the accounting and procurement records of the
[[Page 110 STAT. 269]]
Defense Logistics Agency that relate to (at least) fiscal years 1993,
1994, and 1995. The Secretary may enter into more than one contract
under the program.
(2) A contract under the demonstration program shall require the
contractor to use data processing techniques that are generally used in
audits of private-sector records similar to the records audited under
the contract.
(c) Audit Requirements.--In conducting an audit under the
demonstration program, a contractor shall compare Department of Defense
purchase agreements (and related documents) with invoices submitted by
vendors under the purchase agreements. A purpose of the comparison is to
identify, in the case of each audited purchase agreement, the following:
(1) Any payments to the vendor for costs that are not
allowable under the terms of the purchase agreement or by law.
(2) Any amounts not deducted from the total amount paid to
the vendor under the purchase agreement that should have been
deducted from that amount on account of goods and services
provided to the vendor by the Department.
(3) Duplicate payments.
(4) Unauthorized charges.
(5) Other discrepancies between the amount paid to the
vendor and the amount actually due the vendor under the purchase
agreement.
(d) Bonus Payment.--To the extent provided for in a contract under
the demonstration program, the Secretary may pay the contractor a bonus
in addition to any other amount paid for performance of the contract.
The amount of such bonus may not exceed the amount that is equal to 25
percent of all amounts recovered by the United States on the basis of
information obtained as a result of the audit performed under the
contract. Any such bonus shall be paid out of amounts made available
pursuant to subsection (e).
(e) Availability of Funds.--Of the amount authorized to be
appropriated pursuant to section 301(5), not more than $5,000,000 shall
be available for the demonstration program.
SEC. 355. <<NOTE: 20 USC 921 note.>> PILOT PROGRAM ON PRIVATE
OPERATION OF DEFENSE DEPENDENTS' SCHOOLS.
(a) Pilot Program.--The Secretary of Defense may conduct a pilot
program to evaluate the feasibility of using private contractors to
operate schools of the defense dependents' education system established
under section 1402(a) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 921(a)).
(b) Selection of School for Program.--If the Secretary conducts the
pilot program, the Secretary shall select one school of the defense
dependents' education system for participation in the program and
provide for the operation of the school by a private contractor for not
less than one complete school year.
(c) Report.--Not later than 30 days after the end of the first
school year in which the pilot program is conducted, the Secretary shall
submit to Congress a report on the results of the program. The report
shall include the recommendation of the Secretary with respect to the
extent to which other schools of the defense dependents' education
system should be operated by private contractors.
[[Page 110 STAT. 270]]
SEC. 356. <<NOTE: 10 USC 2461 note.>> PROGRAM FOR IMPROVED TRAVEL
PROCESS FOR THE DEPARTMENT OF DEFENSE.
(a) In General.--(1) The Secretary of Defense shall conduct a
program to evaluate options to improve the Department of Defense travel
process. To carry out the program, the Secretary shall compare the
results of the tests conducted under subsection (b) to determine which
travel process tested under such subsection is the better option to
effectively manage travel of Department personnel.
(2) The program shall be conducted at not less than three and not
more than six military installations, except that an installation may be
the subject of only one test conducted under the program.
(3) The Secretary shall act through the Under Secretary of Defense
(Comptroller) in the performance of the Secretary's responsibilities
under this section.
(b) Conduct of Tests.--(1) The Secretary shall conduct a test at an
installation referred to in subsection (a)(2) under which the
Secretary--
(A) implements the changes proposed to be made with respect
to the Department of Defense travel process by the task force on
travel management that was established by the Secretary in July
1994;
(B) manages and uniformly applies that travel process
(including the implemented changes) throughout the Department;
and
(C) provides opportunities for private-sector sources to
provide travel reservation services and credit card services to
facilitate that travel process.
(2) The Secretary shall conduct a test at an installation referred
to in subsection (a)(2) under which the Secretary--
(A) enters into one or more contracts with a private-sector
source pursuant to which the private-sector source manages the
Department of Defense travel process (except for functions
referred to in subparagraph (B)), provides for responsive,
reasonably priced services as part of the travel process, and
uniformly applies the travel process throughout the Department;
and
(B) provides for the performance by employees of the
Department of only those travel functions, such as travel
authorization, that the Secretary considers to be necessary to
be performed by such employees.
(3) Each test required by this subsection shall begin not later than
60 days after the date of the enactment of this Act and end two years
after the date on which it began. Each such test shall also be conducted
in accordance with the guidelines for travel management issued for the
Department by the Under Secretary of Defense (Comptroller).
(c) Evaluation Criteria.--The Secretary shall establish criteria to
evaluate the travel processes tested under subsection (b). The criteria
shall, at a minimum, include the extent to which a travel process
provides for the following:
(1) The coordination, at the time of a travel reservation,
of travel policy and cost estimates with the mission which
necessitates the travel.
[[Page 110 STAT. 271]]
(2) The use of fully integrated travel solutions envisioned
by the travel reengineering report of the Department of Defense
dated January 1995.
(3) The coordination of credit card data and travel
reservation data with cost estimate data.
(4) The elimination of the need for multiple travel
approvals through the coordination of such data with proposed
travel plans.
(5) A responsive and flexible management information system
that enables the Under Secretary of Defense (Comptroller) to
monitor travel expenses throughout the year, accurately plan
travel budgets for future years, and assess, in the case of
travel of an employee on temporary duty, the relationship
between the cost of the travel and the value of the travel to
the accomplishment of the mission which necessitates the travel.
(d) Plan for Program.--Before conducting the program, the Secretary
shall develop a plan for the program that addresses the following:
(1) The purposes of the program, including the achievement
of an objective of reducing by at least 50 percent the total
cost incurred by the Department annually to manage the
Department of Defense travel process.
(2) The methodology and anticipated cost of the program,
including the cost of an arrangement pursuant to which a
private-sector source would receive an agreed-upon payment plus
an additional negotiated amount that does not exceed 50 percent
of the total amount saved in excess of the objective specified
in paragraph (1).
(3) A specific citation to any provision or law, rule, or
regulation that, if not waived, would prohibit the conduct of
the program or any part of the program.
(4) The evaluation criteria established pursuant to
subsection (c).
(5) A provision for implementing throughout the Department
the travel process determined to be the better option to
effectively manage travel of Department personnel on the basis
of a final assessment of the results of the program.
(e) Report.--After the first full year of the conduct of the tests
required by subsection (b), the Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on National Security
of the House of Representatives a report on the implementation of the
program. The report shall include an analysis of the evaluation criteria
established pursuant to subsection (c).
SEC. 357. <<NOTE: 10 USC 2461 note.>> INCREASED RELIANCE ON
PRIVATE-SECTOR SOURCES FOR COMMERCIAL
PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense shall endeavor to carry
out through a private-sector source any activity to provide a commercial
product or service for the Department of Defense if--
(1) the product or service can be provided adequately
through such a source; and
(2) an adequate competitive environment exists to provide
for economical performance of the activity by such a source.
[[Page 110 STAT. 272]]
(b) Applicability.--(1) Subsection (a) shall not apply to any
commercial product or service with respect to which the Secretary
determines that production, manufacture, or provision of that product or
service by the Government is necessary for reasons of national security.
(2) A determination under paragraph (1) shall be made in accordance
with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary shall prescribe regulations to carry
out this section. Such regulations shall be prescribed in consultation
with the Director of the Office of Management and Budget.
(d) Report.--(1) The Secretary shall identify activities of the
Department (other than activities specified by the Secretary pursuant to
subsection (b)) that are carried out by employees of the Department to
provide commercial-type products or services for the Department.
(2) Not later than April 15, 1996, the Secretary shall transmit to
the congressional defense committees a report on opportunities for
increased use of private-sector sources to provide commercial products
and services for the Department.
(3) The report required by paragraph (2) shall include the
following:
(A) A list of activities identified under paragraph (1)
indicating, for each activity, whether the Secretary proposes to
convert the performance of that activity to performance by
private-sector sources and, if not, the reasons why.
(B) An assessment of the advantages and disadvantages of
using private-sector sources, rather than employees of the
Department, to provide commercial products and services for the
Department that are not essential to the warfighting mission of
the Armed Forces.
(C) A specification of all legislative and regulatory
impediments to converting the performance of activities
identified under paragraph (1) to performance by private-sector
sources.
(D) The views of the Secretary on the desirability of
terminating the applicability of OMB Circular A-76 to the
Department.
(4) The Secretary shall carry out paragraph (1) in consultation with
the Director of the Office of Management and Budget and the Comptroller
General of the United States. In carrying out that paragraph, the
Secretary shall consult with, and seek the views of, representatives of
the private sector, including organizations representing small
businesses.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
SEC. 361. QUARTERLY READINESS REPORTS.
(a) In General.--(1) Chapter 22 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 452. Quarterly readiness reports
``(a) Requirement.--Not later than 30 days after the end of each
calendar-year quarter, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report
[[Page 110 STAT. 273]]
on military readiness. The report for any quarter shall be based on
assessments that are provided during that quarter--
``(1) to any council, committee, or other body of the
Department of Defense (A) that has responsibility for readiness
oversight, and (B) the membership of which includes at least one
civilian officer in the Office of the Secretary of Defense at
the level of Assistant Secretary of Defense or higher;
``(2) by senior civilian and military officers of the
military departments and the commanders of the unified and
specified commands; and
``(3) as part of any regularly established process of
periodic readiness reviews for the Department of Defense as a
whole.
``(b) Matters To Be Included.--Each such report shall--
``(1) specifically describe identified readiness problems or
deficiencies and planned remedial actions; and
``(2) include the key indicators and other relevant data
related to the identified problem or deficiency.
``(c) Classification of Reports.--Reports under this section shall
be submitted in unclassified form and may, as the Secretary determines
necessary, also be submitted in classified form.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``452. Quarterly readiness reports.''.
(b) <<NOTE: 10 USC 452 note.>> Effective Date.--Section 452 of title
10, United States Code, as added by subsection (a), shall take effect
with the calendar-year quarter during which this Act is enacted.
SEC. 362. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS TO
CONGRESS ON TRANSFERS FROM HIGH-PRIORITY
READINESS APPROPRIATIONS.
Section 361 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2732) is amended to read as
follows:
``SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
``(a) Annual Reports.--During 1996 and 1997, the Secretary of
Defense shall submit to the congressional defense committees a report on
transfers during the preceding fiscal year from funds available for each
budget activity specified in subsection (d) (hereinafter in this section
referred to as `covered budget activities'). The report each year shall
be submitted not later than the date in that year on which the President
submits the budget for the next fiscal year to Congress pursuant to
section 1105 of title 31, United States Code.
``(b) Midyear Reports.--On May 1 of each year specified in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report providing the same
information, with respect to the first six months of the fiscal year in
which the report is submitted, that is provided in reports under
subsection (a) with respect to the preceding fiscal year.
``(c) Matters To Be Included.--In each report under this section,
the Secretary shall include for each covered budget activity the
following:
``(1) A statement, for the period covered by the report,
of--
[[Page 110 STAT. 274]]
``(A) the total amount of transfers into funds
available for that activity;
``(B) the total amount of transfers from funds
available for that activity; and
``(C) the net amount of transfers into, or out of,
funds available for that activity.
``(2) A detailed explanation of the transfers into, and out
of, funds available for that activity during the period covered
by the report.
``(d) Covered Budget Activities.--The budget activities to which
this section applies are the following:
``(1) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Army, appropriation that are
designated as follows:
``(A) Combat Units.
``(B) Tactical Support.
``(C) Force-Related Training/Special Activities.
``(D) Depot Maintenance.
``(E) JCS Exercises.
``(2) The budget activity groups (known as `subactivities')
within the Operating Forces budget activity of the annual
Operation and Maintenance, Navy, appropriation that are
designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Mission and Other Ship Operations.
``(C) Fleet Air Training.
``(D) Ship Operational Support and Training.
``(E) Aircraft Depot Maintenance.
``(F) Ship Depot Maintenance.
``(3) The budget activity groups (known as `subactivities'),
or other activity, within the Operating Forces budget activity
of the annual Operation and Maintenance, Air Force,
appropriation that are designated or otherwise identified as
follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Global and Early Warning.
``(D) Air Operations Training.
``(E) Depot Maintenance.
``(F) JCS Exercises.''.
SEC. 363. REPORT REGARDING REDUCTION OF COSTS ASSOCIATED WITH
CONTRACT MANAGEMENT OVERSIGHT.
(a) Report Required.--Not later than April 1, 1996, the Comptroller
General of the United States shall submit to Congress a report
identifying methods to reduce the cost to the Department of Defense of
management oversight of contracts in connection with major defense
acquisition programs.
(b) Major Defense Acquisition Programs Defined.--For purposes of
this section, the term ``major defense acquisition program'' has the
meaning given that term in section 2430(a) of title 10, United States
Code.
SEC. 364. REVIEWS OF MANAGEMENT OF INVENTORY CONTROL POINTS AND
MATERIEL MANAGEMENT STANDARD SYSTEM.
(a) Review of Consolidation of Inventory Control Points.--(1) The
Secretary of Defense shall conduct a review of the management by the
Defense Logistics Agency of all inventory
[[Page 110 STAT. 275]]
control points of the Department of Defense. In conducting the review,
the Secretary shall examine the management and acquisition practices of
the Defense Logistics Agency for inventory of repairable spare parts.
(2) Not later than March 31, 1996, the Secretary shall submit to the
Comptroller General of the United States and the congressional defense
committees a report on the results the review conducted under paragraph
(1).
(b) Review of Materiel Management Standard System.--(1) The
Comptroller General of the United States shall conduct a review of the
automated data processing system of the Department of Defense known as
the Materiel Management Standard System.
(2) Not later than May 1, 1996, the Comptroller General shall submit
to the congressional defense committees a report on the results of the
review conducted under paragraph (1).
SEC. 365. REPORT ON PRIVATE PERFORMANCE OF CERTAIN FUNCTIONS
PERFORMED BY MILITARY AIRCRAFT.
(a) Report Required.--Not later than May 1, 1996, the Secretary of
Defense shall submit to Congress a report on the feasibility of
providing for the performance by private-sector sources of functions
necessary to be performed to fulfill the requirements of the Department
of Defense for air transportation of personnel and cargo.
(b) Content of Report.--The report shall include the following:
(1) A cost-benefit analysis with respect to the performance
by private-sector sources of functions described in subsection
(a), including an explanation of the assumptions used in the
cost-benefit analysis.
(2) An assessment of the issues raised by providing for such
performance by means of a contract entered into with a private-
sector source.
(3) An assessment of the issues raised by providing for such
performance by means of converting functions described in
subsection (a) to private ownership and operation, in whole or
in part.
(4) A discussion of the requirements for the performance of
such functions in order to fulfill the requirements referred to
in subsection (a) during wartime.
(5) The effect on military personnel and facilities of using
private-sector sources to fulfill the requirements referred to
in such subsection.
(6) The performance by private-sector sources of any other
military aircraft functions (such as non-combat inflight fueling
of aircraft) the Secretary considers appropriate.
SEC. 366. <<NOTE: 10 USC 113 note.>> STRATEGY AND REPORT ON
AUTOMATED INFORMATION SYSTEMS OF
DEPARTMENT OF DEFENSE.
(a) Development of Strategy.--The Secretary of Defense shall develop
a strategy for the development or modernization of automated information
systems for the Department of Defense.
(b) Matters to Consider.--In developing the strategy required under
subsection (a), the Secretary shall consider the following:
(1) The use of performance measures and management controls.
(2) Findings of the Functional Management Review conducted
by the Secretary.
[[Page 110 STAT. 276]]
(3) Program management actions planned by the Secretary.
(4) Actions and milestones necessary for completion of
functional and economic analyses for--
(A) the Automated System for Transportation data;
(B) continuous acquisition and life cycle support;
(C) electronic data interchange;
(D) flexible computer integrated manufacturing;
(E) the Navy Tactical Command Support System; and
(F) the Defense Information System Network.
(5) Progress made by the Secretary in resolving problems
with respect to the Defense Information System Network and the
Joint Computer-Aided Acquisition and Logistics Support System.
(6) Tasks identified in the review conducted by the
Secretary of the Standard Installation/Division Personnel
System-3.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Strategy.--(1) Not later than April 15, 1996, the
Secretary shall submit to Congress a report on the development of the
strategy required under subsection (a).
(2) In the case of the Air Force Wargaming Center, the Air Force
Command Exercise System, the Cheyenne Mountain Upgrade, the
Transportation Coordinator Automated Command and Control Information
Systems, and the Wing Command and Control Systems, the report required
by paragraph (1) shall provide functional economic analyses and address
waivers exercised for compelling military importance under section
381(d) of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2739).
(3) The report required by paragraph (1) shall also include the
following:
(A) <<NOTE: Certification.>> A certification by the
Secretary of the termination of the Personnel Electronic Record
Management System or a justification for the continued need for
such system.
(B) Findings of the Functional Management Review conducted
by the Secretary and program management actions planned by the
Secretary for--
(i) the Base Level System Modernization and the
Sustaining Base Information System; and
(ii) the Standard Installation/Division Personnel
System-3.
(C) An assessment of the implementation of migration systems
and applications, including--
(i) identification of the systems and applications
by functional or business area, specifying target dates
for operation of the systems and applications;
(ii) identification of the legacy systems and
applications that will be terminated;
(iii) the cost of and schedules for implementing the
migration systems and applications; and
(iv) termination schedules.
(D) A certification by the Secretary that each information
system that is subject to review by the Major Automated
Information System Review Committee of the Department is cost-
effective and supports the corporate information manage
[[Page 110 STAT. 277]]
ment goals of the Department, including the results of the
review conducted for each such system by the Committee.
Subtitle G--Other Matters
SEC. 371. CODIFICATION OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Management of Working-Capital Funds.--(1) Chapter 131 of title
10, United States Code, is amended by inserting after section 2215 the
following new section:
``Sec. 2216. Defense Business Operations Fund
``(a) Management of Working-Capital Funds and Certain Activities.--
The Secretary of Defense may manage the performance of the working-
capital funds and industrial, commercial, and support type activities
described in subsection (b) through the fund known as the Defense
Business Operations Fund, which is established on the books of the
Treasury. Except for the funds and activities specified in subsection
(b), no other functions, activities, funds, or accounts of the
Department of Defense may be managed or converted to management through
the Fund.
``(b) Funds and Activities Included.--The funds and activities
referred to in subsection (a) are the following:
``(1) Working-capital funds established under section 2208
of this title and in existence on December 5, 1991.
``(2) Those activities that, on December 5, 1991, were
funded through the use of a working-capital fund established
under that section.
``(3) The Defense Finance and Accounting Service.
``(4) The Defense Commissary Agency.
``(5) The Defense Reutilization and Marketing Service.
``(6) The Joint Logistics Systems Center.
``(c) Separate Accounting, Reporting, and Auditing of Funds and
Activities.--(1) The Secretary of Defense shall provide in accordance
with this subsection for separate accounting, reporting, and auditing of
funds and activities managed through the Fund.
``(2) The Secretary shall maintain the separate identity of each
fund and activity managed through the Fund that (before the
establishment of the Fund) was managed as a separate Fund or activity.
``(3) <<NOTE: Records.>> The Secretary shall maintain separate
records for each function for which payment is made through the Fund and
which (before the establishment of the Fund) was paid directly through
appropriations, including the separate identity of the appropriation
account used to pay for the performance of the function.
``(d) Charges for Goods and Services Provided Through the Fund.--(1)
Charges for goods and services provided through the Fund shall include
the following:
``(A) Amounts necessary to recover the full costs of the
goods and services, whenever practicable, and the costs of the
development, implementation, operation, and maintenance of
systems supporting the wholesale supply and maintenance
activities of the Department of Defense.
``(B) Amounts for depreciation of capital assets, set in
accordance with generally accepted accounting principles.
[[Page 110 STAT. 278]]
``(C) Amounts necessary to recover the full cost of the
operation of the Defense Finance Accounting Service.
``(2) Charges for goods and services provided through the Fund may
not include the following:
``(A) Amounts necessary to recover the costs of a military
construction project (as defined in section 2801(b) of this
title), other than a minor construction project financed by the
Fund pursuant to section 2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a military
installation.
``(C) Amounts necessary to recover the costs of functions
designated by the Secretary of Defense as mission critical, such
as ammunition handling safety, and amounts for ancillary tasks
not directly related to the mission of the function or activity
managed through the Fund.
``(3)(A) The Secretary of Defense may submit to a customer a bill
for the provision of goods and services through the Fund in advance of
the provision of those goods and services.
``(B) <<NOTE: Reports.>> The Secretary shall submit to Congress a
report on advance billings made pursuant to subparagraph (A)--
``(i) when the aggregate amount of all such billings after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 1996 reaches $100,000,000; and
``(ii) whenever the aggregate amount of all such billings
after the date of a preceding report under this subparagraph
reaches $100,000,000.
``(C) Each report under subparagraph (B) shall include, for each
such advance billing, the following:
``(i) An explanation of the reason for the advance billing.
``(ii) An analysis of the impact of the advance billing on
readiness.
``(iii) An analysis of the impact of the advance billing on
the customer so billed.
``(e) Capital Asset Subaccount.--(1) Amounts charged for
depreciation of capital assets pursuant to subsection (d)(1)(B) shall be
credited to a separate capital asset subaccount established within the
Fund.
``(2) The Secretary of Defense may award contracts for capital
assets of the Fund in advance of the availability of funds in the
subaccount.
``(f) Procedures For Accumulation of Funds.--The Secretary of
Defense shall establish billing procedures to ensure that the balance in
the Fund does not exceed the amount necessary to provide for the working
capital requirements of the Fund, as determined by the Secretary.
``(g) Purchase From Other Sources.--The Secretary of Defense or the
Secretary of a military department may purchase goods and services that
are available for purchase from the Fund from a source other than the
Fund if the Secretary determines that such source offers a more
competitive rate for the goods and services than the Fund offers.
``(h) Annual Reports and Budget.--The Secretary of Defense shall
annually submit to Congress, at the same time that the President submits
the budget under section 1105 of title 31, the following:
``(1) A detailed report that contains a statement of all
receipts and disbursements of the Fund (including such a state
[[Page 110 STAT. 279]]
ment for each subaccount of the Fund) for the fiscal year ending
in the year preceding the year in which the budget is submitted.
``(2) A detailed proposed budget for the operation of the
Fund for the fiscal year for which the budget is submitted.
``(3) A comparison of the amounts actually expended for the
operation of the Fund for the fiscal year referred to in
paragraph (1) with the amount proposed for the operation of the
Fund for that fiscal year in the President's budget.
``(4) A report on the capital asset subaccount of the Fund
that contains the following information:
``(A) The opening balance of the subaccount as of
the beginning of the fiscal year in which the report is
submitted.
``(B) The estimated amounts to be credited to the
subaccount in the fiscal year in which the report is
submitted.
``(C) The estimated amounts of outlays to be paid
out of the subaccount in the fiscal year in which the
report is submitted.
``(D) The estimated balance of the subaccount at the
end of the fiscal year in which the report is submitted.
``(E) A statement of how much of the estimated
balance at the end of the fiscal year in which the
report is submitted will be needed to pay outlays in the
immediately following fiscal year that are in excess of
the amount to be credited to the subaccount in the
immediately following fiscal year.
``(i) Definitions.--In this section:
``(1) The term `capital assets' means the following capital
assets that have a development or acquisition cost of not less
than $50,000:
``(A) Minor construction projects financed by the
Fund pursuant to section 2805(c)(1) of this title.
``(B) Automatic data processing equipment, software.
``(C) Equipment other than equipment described in
subparagraph (B).
``(D) Other capital improvements.
``(2) The term `Fund' means the Defense Business Operations
Fund.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2215 the
following new item:
``2216. Defense Business Operations Fund.''.
(b) Conforming Repeals.--The following provisions of law are hereby
repealed:
(1) Subsections (b), (c), (d), and (e) of section 311 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 10 U.S.C. 2208 note).
(2) Subsections (a) and (b) of section 333 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2208 note).
(3) Section 342 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2208 note).
(4) Section 316 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
2208 note).
[[Page 110 STAT. 280]]
(5) Section 8121 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 10 U.S.C. 2208 note).
SEC. 372. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE
EXCHANGED TO BENEFIT THE HISTORICAL
COLLECTION OF THE ARMED FORCES.
Section 2572(b)(1) of title 10, United States Code, is amended by
striking out ``not needed by the armed forces'' and all that follows
through the end of the paragraph and inserting in lieu thereof the
following: ``not needed by the armed forces for any of the following
items or services if such items or services directly benefit the
historical collection of the armed forces:
``(A) Similar items held by any individual, organization,
institution, agency, or nation.
``(B) Conservation supplies, equipment, facilities, or
systems.
``(C) Search, salvage, or transportation services.
``(D) Restoration, conservation, or preservation services.
``(E) Educational programs.''.
SEC. 373. FINANCIAL MANAGEMENT TRAINING.
(a) Limitation.--The Secretary of Defense may enter into a capital
lease for the establishment of a Department of Defense financial
management training center no earlier than the date that is 30 days
after the date on which the Secretary of Defense submits to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives, in accordance with subsection
(b), a certification of the need for such a center and a report on
financial management training for Department of Defense personnel.
(b) Certification and Report.--(1) The certification and report
referred to in subsection (a) are the following:
(A) Certification by the Secretary of the need for such a
center.
(B) A report, submitted with the certification, on financial
management training for Department of Defense personnel.
(2) Any report under paragraph (1) shall contain the following:
(A) The Secretary's analysis of the requirements for
providing financial management training for employees of the
Department of Defense.
(B) The alternatives considered by the Secretary for meeting
those requirements.
(C) A detailed plan for meeting those requirements.
(D) A financial analysis of the estimated short-term and
long-term costs of carrying out the plan.
(3) If, upon completing the analysis referred to in paragraph (2)(A)
and after considering alternatives as described in paragraph (2)(B), the
Secretary determines to meet the requirements for providing financial
management training for employees of the Department of Defense through
establishment of a financial management training center, the Secretary--
(A) shall make the determination of the location of the
center using a merit-based selection process; and
(B) shall include in the report under paragraph (1) a
description of that merit-based selection process.
[[Page 110 STAT. 281]]
SEC. 374. PERMANENT AUTHORITY FOR USE OF PROCEEDS FROM THE SALE OF
CERTAIN LOST, ABANDONED, OR UNCLAIMED
PROPERTY.
(a) Permanent Authority.--Section 2575 of title 10 is amended--
(1) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b)(1) In the case of lost, abandoned, or unclaimed personal
property found on a military installation, the proceeds from the sale of
the property under this section shall be credited to the operation and
maintenance account of that installation and used--
``(A) to reimburse the installation for any costs incurred
by the installation to collect, transport, store, protect, or
sell the property; and
``(B) to the extent that the amount of the proceeds exceeds
the amount necessary for reimbursing all such costs, to support
morale, welfare, and recreation activities under the
jurisdiction of the armed forces that are conducted for the
comfort, pleasure, contentment, or physical or mental
improvement of members of the armed forces at such installation.
``(2) The net proceeds from the sale of other property under this
section shall be covered into the Treasury as miscellaneous receipts.'';
and
(2) by adding at the end the following:
``(d)(1) The owner (or heirs, next of kin, or legal representative
of the owner) of personal property the proceeds of which are credited to
a military installation under subsection (b)(1) may file a claim with
the Secretary of Defense for the amount equal to the proceeds (less
costs referred to in subparagraph (A) of such subsection). Amounts to
pay the claim shall be drawn from the morale, welfare, and recreation
account for the installation that received the proceeds.
``(2) The owner (or heirs, next of kin, or legal representative of
the owner) may file a claim with the Comptroller General of the United
States for proceeds covered into the Treasury under subsection (b)(2).
``(3) Unless a claim is filed under this subsection within 5 years
after the date of the disposal of the property to which the claim
relates, the claim may not be considered by a court, the Secretary of
Defense (in the case of a claim filed under paragraph (1)), or the
Comptroller General of the United States (in the case of a claim filed
under paragraph (2)).''.
(b) Repeal of Authority for Demonstration Program.--Section 343 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1343) is repealed.
SEC. 375. SALE OF MILITARY CLOTHING AND SUBSISTENCE AND OTHER
SUPPLIES OF THE NAVY AND MARINE CORPS.
(a) In General.--(1) Chapter 651 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7606. Subsistence and other supplies: members of armed
forces; veterans; executive or military
departments and employees; prices
``(a)(1) The Secretary of the Navy shall procure and sell, for cash
or credit--
[[Page 110 STAT. 282]]
``(A) articles designated by the Secretary to members of the
Navy and Marine Corps; and
``(B) items of individual clothing and equipment to members
of the Navy and Marine Corps, under such restrictions as the
Secretary may prescribe.
``(2) An account of sales on credit shall be kept and the amount due
reported to the Secretary. Except for articles and items acquired
through the use of working capital funds under section 2208 of this
title, sales of articles shall be at cost, and sales of individual
clothing and equipment shall be at average current prices, including
overhead, as determined by the Secretary.
``(b) The Secretary shall sell subsistence supplies to members of
other armed forces at the prices at which like property is sold to
members of the Navy and Marine Corps.
``(c) The Secretary may sell serviceable supplies, other than
subsistence supplies, to members of other armed forces for the buyers'
use in the service. The prices at which the supplies are sold shall be
the same prices at which like property is sold to members of the Navy
and Marine Corps.
``(d) A person who has been discharged honorably or under honorable
conditions from the Army, Navy, Air Force or Marine Corps and who is
receiving care and medical treatment from the Public Health Service or
the Department of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(e) Under such conditions as the Secretary may prescribe, exterior
articles of uniform may be sold to a person who has been discharged
honorably or under honorable conditions from the Navy or Marine Corps,
at the prices at which like articles are sold to members of the Navy or
Marine Corps. This subsection does not modify sections 772 or 773 of
this title.
``(f) <<NOTE: Regulations.>> Under regulations prescribed by the
Secretary, payment for subsistence supplies shall be made in cash or by
commercial credit.
``(g)(1) The Secretary may provide for the procurement and sale of
stores designated by the Secretary to such civilian officers and
employees of the United States, and such other persons, as the Secretary
considers proper--
``(A) at military installations outside the United States;
and
``(B) subject to paragraph (2), at military installations
inside the United States where the Secretary determines that it
is impracticable for those civilian officers, employees, and
persons to obtain such stores from commercial enterprises
without impairing the efficient operation of military
activities.
``(2) Sales to civilian officers and employees inside the United
States may be made under paragraph (1) only to civilian officers and
employees residing within military installations.
``(h) Appropriations for subsistence of the Navy or Marine Corps may
be applied to the purchase of subsistence supplies for sale to members
of the Navy and Marine Corps on active duty for the use of such members
and their families.''.
[[Page 110 STAT. 283]]
(2) The table of sections at the beginning of chapter 651 of such
title is amended by adding at the end the following:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and employees;
prices.''.
(b) Conforming Amendments for Other Armed Forces.--(1) Section 4621
of such title is amended--
(A) by striking out ``The branch, office, or officer
designated by the Secretary of the Army'' in subsection (a) and
inserting in lieu thereof ``The Secretary of the Army'';
(B) by striking out ``The branch, office, or officer
designated by the Secretary'' both places it appears in
subsections (b) and (c) and inserting in lieu thereof ``The
Secretary''; and
(C) by inserting before the period at the end of subsection
(f) the following: ``or by commercial credit''.
(2) Section 9621 of such title is amended--
(A) by striking out ``The Air Force shall'' in subsection
(b) and inserting in lieu thereof ``The Secretary shall''; and
(B) by inserting before the period at the end of subsection
(f) the following: ``or by commercial credit''.
SEC. 376. PERSONNEL SERVICES AND LOGISTICAL SUPPORT FOR CERTAIN
ACTIVITIES HELD ON MILITARY INSTALLATIONS.
Section 2544 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) In the case of a Boy Scout Jamboree held on a military
installation, the Secretary of Defense may provide personnel services
and logistical support at the military installation in addition to the
support authorized under subsections (a) and (d).''.
SEC. 377. RETENTION OF MONETARY AWARDS.
(a) Monetary Awards.--Chapter 155 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2610. Competitions for excellence: acceptance of monetary awards
``(a) Acceptance Authorized.--The Secretary of Defense may accept a
monetary award given to the Department of Defense by a nongovernmental
entity as a result of the participation of the Department in a
competition carried out to recognize excellence or innovation in
providing services or administering programs.
``(b) Disposition of Awards.--A monetary award accepted under
subsection (a) shall be credited to one or more nonappropriated fund
accounts supporting morale, welfare, and recreation activities for the
command, installation, or other activity that is recognized for the
award. Amounts so credited may be expended only for such activities.
``(c) Incidental Expenses.--Subject to such limitations as may be
provided in appropriation Acts, appropriations available to the
Department of Defense may be used to pay incidental expenses incurred by
the Department to participate in a competition described in subsection
(a) or to accept a monetary award under this section.
``(d) Regulations and Reporting.--(1) The Secretary shall prescribe
regulations to determine the disposition of monetary awards accepted
under this section and the payment of incidental expenses under
subsection (c).
[[Page 110 STAT. 284]]
``(2) At the end of each year, the Secretary shall submit to
Congress a report for that year describing the disposition of monetary
awards accepted under this section and the payment of incidental
expenses under subsection (c).
``(e) Termination.--The authority of the Secretary under this
section shall expire two years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2610. Competitions for excellence: acceptance of monetary awards.''.
SEC. 378. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN
EMERGENCY RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Emergencies Involving Chemical and Biological Agents.--(1) In
addition to equipment and facilities described in subsection (a), the
Secretary may provide an item referred to in paragraph (2) to a Federal,
State, or local law enforcement or emergency response agency to prepare
for or respond to an emergency involving chemical or biological agents
if the Secretary determines that the item is not reasonably available
from another source.
``(2) An item referred to in paragraph (1) is any material or
expertise of the Department of Defense appropriate for use in preparing
for or responding to an emergency involving chemical or biological
agents, including the following:
``(A) Training facilities.
``(B) Sensors.
``(C) Protective clothing.
``(D) Antidotes.''.
SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL
DEFENSE PREPAREDNESS TO RESPOND TO
EMERGENCIES RESULTING FROM A CHEMICAL,
BIOLOGICAL, RADIOLOGICAL, OR NUCLEAR
ATTACK.
(a) Report.--(1) Not later than March 1, 1996, the Secretary of
Defense and the Secretary of Energy shall submit to Congress a joint
report on the military and civil defense plans and programs of the
Department of Defense to prepare for and respond to the effects of an
emergency in the United States resulting from a chemical, biological,
radiological, or nuclear attack on the United States (hereinafter in
this section referred to as an ``attack-related civil defense
emergency'').
(2) The report shall be prepared in consultation with the Director
of the Federal Emergency Management Agency.
(b) Content of Report.--The report shall include the following:
(1) A discussion of the military and civil defense plans and
programs of the Department of Defense for preparing for and
responding to an attack-related civil defense emergency arising
from an attack of a type for which the Department of Defense has
a primary responsibility to respond.
(2) A discussion of the military and civil defense plans and
programs of the Department of Defense for preparing for
[[Page 110 STAT. 285]]
and providing a response to an attack-related civil defense
emergency arising from an attack of a type for which the
Department of Defense has responsibility to provide a supporting
response.
(3) A description of any actions, and any recommended
legislation, that the Secretaries consider necessary for
improving the preparedness of the Department of Defense to
respond effectively to an attack-related civil defense
emergency.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1996.--The Armed Forces are authorized strengths for
active duty personnel as of September 30, 1996, as follows:
(1) The Army, 495,000, of which not more than 81,300 may be
commissioned officers.
(2) The Navy, 428,340, of which not more than 58,870 may be
commissioned officers.
(3) The Marine Corps, 174,000, of which not more than 17,978
may be commissioned officers.
(4) The Air Force, 388,200, of which not more than 75,928
may be commissioned officers.
(b) Floor on End Strengths.--(1) Chapter 39 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 691. Permanent end strength levels to support two major
regional contingencies
``(a) The end strengths specified in subsection (b) are the minimum
strengths necessary to enable the armed forces to fulfill a national
defense strategy calling for the United States to be able to
successfully conduct two nearly simultaneous major regional
contingencies.
``(b) Unless otherwise provided by law, the number of members of the
armed forces (other than the Coast Guard) on active duty at the end of
any fiscal year shall be not less than the following:
``(1) For the Army, 495,000.
``(2) For the Navy, 395,000.
``(3) For the Marine Corps, 174,000.
``(4) For the Air Force, 381,000.
``(c) No funds appropriated to the Department of Defense may be used
to implement a reduction of the active duty end strength for any of the
armed forces for any fiscal year below the level specified in subsection
(b) unless the Secretary of Defense submits to Congress notice of the
proposed lower end strength levels and a justification for those levels.
No action may then be taken to implement such a reduction for that
fiscal year until the end of the six-month period beginning on the date
of the receipt of such notice by Congress.
``(d) For a fiscal year for which the active duty end strength
authorized by law pursuant to section 115(a)(1)(A) of this title
[[Page 110 STAT. 286]]
for any of the armed forces is identical to the number applicable to
that armed force under subsection (b), the Secretary of Defense may
reduce that number by not more than 0.5 percent.
``(e) The number of members of the armed forces on active duty shall
be counted for purposes of this section in the same manner as applies
under section 115(a)(1) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``691. Permanent end strength levels to support two major regional
contingencies.''.
(c) Active Component End Strength Flexibility.--Section 115(c)(1) of
title 10, United States Code, is amended by striking out ``0.5 percent''
and inserting in lieu thereof ``1 percent''.
SEC. 402. <<NOTE: 10 USC 523 note.>> TEMPORARY VARIATION IN DOPMA
AUTHORIZED END STRENGTH LIMITATIONS FOR
ACTIVE DUTY AIR FORCE AND NAVY OFFICERS IN
CERTAIN GRADES.
(a) Air Force Officers.--In the administration of the limitation
under section 523(a)(1) of title 10, United States Code, for fiscal
years 1996 and 1997, the numbers applicable to officers of the Air Force
serving on active duty in the grades of major, lieutenant colonel, and
colonel shall be the numbers set forth for that fiscal year in the
following table (rather than the numbers determined in accordance with
the table in that section):
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
Major Lieutenant colonel Colonel
----------------------------------------------------------------------------------------------------------------
1996................................................ 15,566 9,876 3,609
1997................................................ 15,645 9,913 3,627
----------------------------------------------------------------------------------------------------------------
(b) Navy Officers.--In the administration of the limitation under
section 523(a)(2) of title 10, United States Code, for fiscal years 1996
and 1997, the numbers applicable to officers of the Navy serving on
active duty in the grades of lieutenant commander, commander, and
captain shall be the numbers set forth for that fiscal year in the
following table (rather than the numbers determined in accordance with
the table in that section):
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
Lieutenant
commander Commander Captain
----------------------------------------------------------------------------------------------------------------
1996................................................ 11,924 7,390 3,234
1997................................................ 11,732 7,297 3,188
----------------------------------------------------------------------------------------------------------------
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAITING RETIREMENT
NOT TO BE COUNTED.
(a) Distribution of Officers on Active Duty in General and Flag
Officer Grades.--Section 525 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(d) An officer continuing to hold the grade of general or admiral
under section 601(b)(4) of this title after relief from the position of
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief
of Naval Operations, Chief of Staff of the Air Force, or Commandant of
the Marine Corps shall not be counted for purposes of this section.''.
[[Page 110 STAT. 287]]
(b) Number of Officers on Active Duty in Grade of General or
Admiral.--Section 528(b) of such title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) An officer continuing to hold the grade of general or admiral
under section 601(b)(4) of this title after relief from
the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of
the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or
Commandant of the Marine Corps shall not be counted for purposes of this
section.''.
(c) Clarification.--Section 601(b) of such title is amended--
(1) in the matter preceding paragraph (1), by striking out
``of importance and responsibility designated'' and inserting in
lieu thereof ``designated under subsection (a) or by law'';
(2) in paragraph (1), by striking out ``of importance and
responsibility'';
(3) in paragraph (2), by striking out ``designating'' and
inserting in lieu thereof ``designated under subsection (a) or
by law''; and
(4) in paragraph (4), by inserting ``under subsection (a) or
by law'' after ``designated''.
Subtitle B--Reserve Forces
SEC. 411. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR SELECTED
RESERVE.
(a) Fiscal Year 1996.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
1996, as follows:
(1) The Army National Guard of the United States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
(5) The Air National Guard of the United States, 112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary the end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a) for
the Selected Reserve of any reserve component for a fiscal year shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
[[Page 110 STAT. 288]]
SEC. 412. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR RESERVES
ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 1996,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,066.
(6) The Air Force Reserve, 628.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PERSONNEL ASSIGNED
IN SUPPORT OF RESERVE COMPONENT TRAINING.
Section 414(c) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 12001 note) is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may count toward the number of active
component personnel required under paragraph (1) to be assigned to serve
as advisers under the program under this section any active component
personnel who are assigned to an active component unit (A) that was
established principally for the purpose of providing dedicated training
support to reserve component units, and (B) the primary mission of which
is to provide such dedicated training support.''.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO SERVE ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 643 140
Lieutenant Colonel or Commander..... 1,524 520 672 90
Colonel or Navy Captain............. 412 188 274 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of such
title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 603 202 366 20
E-8................................. 2,585 429 890 94''.
------------------------------------------------------------------------
SEC. 415. RESERVES ON ACTIVE DUTY IN SUPPORT OF COOPERATIVE THREAT
REDUCTION PROGRAMS NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is amended by adding
at the end the following:
[[Page 110 STAT. 289]]
``(8) Members of the Selected Reserve of the Ready Reserve
on active duty for more that 180 days to support programs
described in section 1203(b) of the Cooperative Threat Reduction
Act of 1993 (title XII of Public Law 103-160; 22 U.S.C.
5952(b)).''.
SEC. 416. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-MILITARY
CONTACTS AND COMPARABLE ACTIVITIES NOT TO
BE COUNTED.
Section 168 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Active Duty End Strengths.--(1) A member of a reserve
component referred to in paragraph (2) shall not be counted for purposes
of the following personnel strength limitations:
``(A) The end strength for active-duty personnel authorized
pursuant to section 115(a)(1) of this title for the fiscal year
in which the member carries out the activities referred to in
paragraph (2).
``(B) The authorized daily average for members in pay grades
E-8 and E-9 under section 517 of this title for the calendar
year in which the member carries out such activities.
``(C) The authorized strengths for commissioned officers
under section 523 of this title for the fiscal year in which the
member carries out such activities.
``(2) A member of a reserve component referred to in paragraph (1)
is any member on active duty under an order to active duty for 180 days
or more who is engaged in activities authorized under this section.''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1996, the components of the Armed
Forces are authorized average military training loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Scope.--The average military training student loads authorized
for an armed force under subsection (a) apply to the active and reserve
components of that armed force.
(c) Adjustments.--The average military training student loads
authorized in subsection (a) shall be adjusted consistent with the end
strengths authorized in subtitles A and B. The Secretary of Defense
shall prescribe the manner in which such adjustments shall be
apportioned.
[[Page 110 STAT. 290]]
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for military personnel for fiscal year 1996 a total of
$69,191,008,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1996.
SEC. 432. <<NOTE: 10 USC 115 note.>> AUTHORIZATION FOR INCREASE
IN ACTIVE-DUTY END STRENGTHS.
(a) Authorization.--There is hereby authorized to be appropriated to
the Department of Defense for fiscal year 1996 for military personnel
the sum of $112,000,000. Any amount appropriated pursuant to this
section shall be allocated, in such manner as the Secretary of Defense
prescribes, among appropriations for active-component military personnel
for that fiscal year and shall be available only to increase the number
of members of the Armed Forces on active duty during that fiscal year
(compared to the number of members that would be on active duty but for
such appropriation).
(b) Effect on End Strengths.--The end-strength authorizations in
section 401 shall each be deemed to be increased by such number as
necessary to take account of additional members of the Armed Forces
authorized by the Secretary of Defense pursuant to subsection (a).
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) Critical Joint Duty Assignment Positions.--Section 661(d)(2)(A)
of title 10, United States Code, is amended by striking out ``1,000''
and inserting in lieu thereof ``800''.
(b) Additional Qualifying Joint Service.--Section 664 of such title
is amended by adding at the end the following:
``(i) Joint Duty Credit for Certain Joint Task Force Assignments.--
(1) In the case of an officer who completes service in a qualifying
temporary joint task force assignment, the Secretary of Defense, with
the advice of the Chairman of the Joint Chiefs of Staff, may (subject to
the criteria prescribed under paragraph (4)) grant the officer--
``(A) credit for having completed a full tour of duty in a
joint duty assignment; or
``(B) credit countable for determining cumulative service in
joint duty assignments.
``(2)(A) For purposes of paragraph (1), a qualifying temporary joint
task force assignment of an officer is a temporary assignment, any part
of which is performed by the officer on or after the date of the
enactment of this subsection--
[[Page 110 STAT. 291]]
``(i) to the headquarters staff of a United States joint
task force that is part of a unified command or the United
States element of the headquarters staff of a multinational
force; and
``(ii) with respect to which the Secretary of Defense
determines that service of the officer in that assignment is
equivalent to that which would be gained by the officer in a
joint duty assignment.
``(B) An officer may not be granted credit under this subsection
unless the officer is recommended for such credit by the Chairman of the
Joint Chiefs of Staff.
``(3) Credit under paragraph (1) (including a determination under
paragraph (2)(A)(ii) and a recommendation under paragraph (2)(B) with
respect to such credit) may be granted only on a case-by-case basis in
the case of an individual officer.
``(4) <<NOTE: Regulations.>> The Secretary of Defense shall
prescribe by regulation criteria for determining whether an officer may
be granted credit under paragraph (1) with respect to service in a
qualifying temporary joint task force assignment. The criteria shall
apply uniformly among the armed forces and shall include the following
requirements:
``(A) For an officer to be credited as having completed a
full tour of duty in a joint duty assignment, the length of the
officer's service in the qualifying temporary joint task force
assignment must meet the requirements of subsection (a) or (c).
``(B) For an officer to be credited with service for
purposes of determining cumulative service in joint duty
assignments, the officer must serve at least 90 consecutive days
in the qualifying temporary joint task force assignment.
``(C) The service must be performed in support of a mission
that is directed by the President or that is assigned by the
President to United States forces in the joint task force
involved.
``(D) The joint task force must be constituted or designated
by the Secretary of Defense or by the commander of a combatant
command or of another force.
``(E) The joint task force must conduct combat or combat-
related operations in a unified action under joint or
multinational command and control.
``(5) Officers for whom joint duty credit is granted pursuant to
this subsection may not be taken into account for the purposes of any of
the following provisions of this title: section 661(d)(1), section
662(a)(3), section 662(b), subsection (a) of this section, and
paragraphs (7), (8), (9), (11), and (12) of section 667.
``(6) In the case of an officer credited with having completed a
full tour of duty in a joint duty assignment pursuant to this
subsection, the Secretary of Defense may waive the requirement in
paragraph (1)(B) of section 661(c) of this title that the tour of duty
in a joint duty assignment be performed after the officer completes a
program of education referred to in paragraph (1)(A) of that section.
The provisions of subparagraphs (C) and (D) of section 661(c)(3) of this
title shall apply to such a waiver in the same manner as to a waiver
under subparagraph (A) of that section.''.
[[Page 110 STAT. 292]]
(c) Information in Annual Report.--Section 667 of such title is
amended by striking out paragraph (16) and inserting after paragraph
(15) the following new paragraph (16):
``(16) The number of officers granted credit for service in
joint duty assignments under section 664(i) of this title and--
``(A) of those officers--
``(i) the number of officers credited with
having completed a tour of duty in a joint duty
assignment; and
``(ii) the number of officers granted credit
for purposes of determining cumulative service in
joint duty assignments; and
``(B) the identity of each operation for which an
officer has been granted credit pursuant to section
664(i) of this title and a brief description of the
mission of the operation.''.
(d) Applicability of Limitation on Waiver Authority.--Section
661(c)(3) of such title is amended--
(1) in the third sentence of subparagraph (D), by striking
out ``The total number'' and inserting in lieu thereof ``In the
case of officers in grades below brigadier general and rear
admiral (lower half), the total number''; and
(2) by adding at the end the following new subparagraph:
``(E) There may not be more than 32 general and flag officers on
active duty at the same time who were selected for the joint specialty
while holding a general or flag officer grade and for whom a waiver was
granted under this subparagraph.''.
(e) Length of Second Joint Tour.--Section 664 of such title is
amended--
(1) in subsection (e)(2), by inserting after subparagraph
(B) the following:
``(C) Service described in subsection (f)(6), except that no
more than 10 percent of all joint duty assignments shown on the
list published pursuant to section 668(b)(2)(A) of this title
may be so excluded in any year.''; and
(2) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking out ``completion of--'' and inserting in lieu
thereof ``completion of any of the following:'';
(B) by striking out ``a'' at the beginning of
paragraphs (1), (2), (4), and (5) and inserting in lieu
thereof ``A'';
(C) by striking out ``cumulative'' in paragraph (3)
and inserting in lieu thereof ``Cumulative'';
(D) by striking out the semicolon at the end of
paragraphs (1), (2), and (3) and ``; or'' at the end of
paragraph (4) and inserting in lieu thereof a period;
and
(E) by adding at the end the following:
``(6) A second joint duty assignment that is less than the
period required under subsection (a), but not less than two
years, without regard to whether a waiver was granted for such
assignment under subsection (b).''.
(f) Technical Amendment.--Section 664(e)(1) of such title is amended
by striking out ``(after fiscal year 1990)''.
SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR GENERAL
AND REAR ADMIRAL.
(a) Applicability of Time-in-Grade Requirements.--Section 1370 of
title 10, United States Code, is amended--
[[Page 110 STAT. 293]]
(1) in subsection (a)(2)(A), by striking out ``and below
lieutenant general or vice admiral''; and
(2) in the first sentence of subsection (d)(2)(B), as added
effective October 1, 1996, by section 1641 of the Reserve
Officer Personnel Management Act (title XVI of Public Law 103-
337; 108 Stat. 2968), by striking out ``and below lieutenant
general or vice admiral''.
(b) Retirement in Highest Grade Upon Certification of Satisfactory
Service.--Subsection (c) of such section is amended to read as follows:
``(c) Officers in O-9 and O-10 Grades.--(1) An officer who is
serving in or has served in the grade of general or admiral or
lieutenant general or vice admiral may be retired in that grade under
subsection (a) only after the Secretary of Defense certifies in writing
to the President and Congress that the officer served on active duty
satisfactorily in that grade.
``(2) In the case of an officer covered by paragraph (1), the three-
year service-in-grade requirement in paragraph (2)(A) of subsection (a)
may not be reduced or waived under that subsection--
``(A) while the officer is under investigation for alleged
misconduct; or
``(B) while there is pending the disposition of an adverse
personnel action against the officer for alleged misconduct.''.
(c) Repeal of Superseded Provisions.--Sections 3962(a), 5034,
5043(c), and 8962(a) of such title are repealed.
(d) Technical and Clerical Amendments.--(1) Sections 3962(b) and
8962(b) of such title are amended by striking out ``(b) Upon'' and
inserting in lieu thereof ``Upon''.
(2) The table of sections at the beginning of chapter 505 of such
title is amended by striking out the item relating to section 5034.
(e) <<NOTE: 10 USC 1370 note.>> Effective Date for Amendment to
Provision Taking Effect in 1996.--The amendment made by subsection
(a)(2) shall take effect on October 1, 1996, immediately after
subsection (d) of section 1370 of title 10, United States Code, takes
effect under section 1691(b)(1) of the Reserve Officer Personnel
Management Act (108 Stat. 3026).
(f) Preservation of Applicability of Limitation.--Section
1370(a)(2)(C) of title 10, United States Code, is amended by striking
out ``The number of officers in an armed force in a grade'' and
inserting in lieu thereof ``In the case of a grade below the grade of
lieutenant general or vice admiral, the number of members of one of the
armed forces in that grade''.
(g) Stylistic Amendments.--Section 1370 of title 10, United States
Code, is further amended--
(1) in subsection (a), by striking out ``(a)(1)'' and
inserting in lieu thereof ``(a) Rule for Retirement in Highest
Grade Held Satisfactorily.--(1)'';
(2) in subsection (b), by inserting ``Retirement in Next
Lower Grade.--'' after ``(b)''; and
(3) in subsection (d), as added effective October 1, 1996,
by section 1641 of the Reserve Officer Personnel Management Act
(title XVI of Public Law 103-337; 108 Stat. 2968), by striking
out ``(d)(1)'' and inserting in lieu thereof ``(d) Reserve
Officers.--(1)''.
[[Page 110 STAT. 294]]
SEC. 503. WEARING OF INSIGNIA FOR HIGHER GRADE BEFORE PROMOTION.
(a) Authority and Limitations.--(1) Chapter 45 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 777. Wearing of insignia of higher grade before promotion
(frocking): authority; restrictions
``(a) Authority.--An officer who has been selected for promotion to
the next higher grade may be authorized, under regulations and policies
of the Department of Defense and subject to subsection (b), to wear the
insignia for that next higher grade. An officer who is so authorized to
wear the insignia of the next higher grade is said to be `frocked' to
that grade.
``(b) Restrictions.--An officer may not be authorized to wear the
insignia for a grade as described in subsection (a) unless--
``(1) the Senate has given its advice and consent to the
appointment of the officer to that grade; and
``(2) the officer is serving in, or has received orders to
serve in, a position for which that grade is authorized.
``(c) Benefits Not To Be Construed as Accruing.--(1) Authority
provided to an officer as described in subsection (a) to wear the
insignia of the next higher grade may not be construed as conferring
authority for that officer to--
``(A) be paid the rate of pay provided for an officer in
that grade having the same number of years of service as that
officer; or
``(B) assume any legal authority associated with that grade.
``(2) The period for which an officer wears the insignia of the next
higher grade under such authority may not be taken into account for any
of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of colonels and Navy captains on the
active-duty list who are authorized as described in subsection (a) to
wear the insignia for the grade of brigadier general or rear admiral
(lower half), as the case may be, may not exceed the following:
``(A) During fiscal years 1996 and 1997, 75.
``(B) During fiscal year 1998, 55.
``(C) After fiscal year 1998, 35.
``(2) The number of officers of an armed force on the active-duty
list who are authorized as described in subsection (a) to wear the
insignia for a grade to which a limitation on total number applies under
section 523(a) of this title for a fiscal year may not exceed 1 percent
of the total number provided for the officers in that grade in that
armed force in the administration of the limitation under that section
for that fiscal year.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``777. Wearing of insignia of higher grade before promotion (frocking):
authority; restrictions.''.
(b) <<NOTE: 10 USC 777 note.>> Temporary Variation of Limitations on
Numbers of Frocked Officers.--In the administration of section 777(d)(2)
of title 10, United States Code (as added by subsection (a)), the
percent
[[Page 110 STAT. 295]]
limitation applied under that section for fiscal year 1996 shall be 2
percent (instead of 1 percent).
(c) Report.--Not later than September 1, 1996, the Secretary of
Defense shall submit to Congress a report providing the assessment of
the Secretary on the practice, known as ``frocking'', of authorizing an
officer who has been selected for promotion to the next higher grade to
wear the insignia for that next higher grade. The report shall include
the Secretary's assessment of the appropriate number, if any, of
colonels and Navy captains to be eligible under section 777(d)(1) of
title 10, United States Code (as added by subsection (a)), to wear the
insignia for the grade of brigadier general or rear admiral (lower
half).
SEC. 504. AUTHORITY TO EXTEND TRANSITION PERIOD FOR OFFICERS
SELECTED FOR EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(e) The Secretary concerned may defer for not more than 90 days
the retirement of an officer otherwise approved for early retirement
under this section in order to prevent a personal hardship to the
officer or for other humanitarian reasons. Any such deferral shall be
made on a case-by-case basis considering the circumstances of the case
of the particular officer concerned. The authority of the Secretary to
grant such a deferral may not be delegated.''.
(b) Selective Early Retirement of Active-Duty Officers.--Section
638(b) of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(3) The Secretary concerned may defer for not more than 90 days
the retirement of an officer otherwise approved for early retirement
under this section or section 638a of this title in order to prevent a
personal hardship to the officer or for other humanitarian reasons. Any
such deferral shall be made on a case-by-case basis considering the
circumstances of the case of the particular officer concerned. The
authority of the Secretary to grant such a deferral may not be
delegated.''.
SEC. 505. ARMY OFFICER MANNING LEVELS.
(a) In General.--(1) Chapter 331 of title 10, United States Code, is
amended by inserting after the table of sections the following new
section:
``Sec. 3201. Officers on active duty: minimum strength based on
requirements
``(a) The Secretary of the Army shall ensure that (beginning with
fiscal year 1999) the strength at the end of each fiscal year of
officers on active duty is sufficient to enable the Army to meet at
least that percentage of the programmed manpower structure for officers
for the active component of the Army that is provided for in the most
recent Defense Planning Guidance issued by the Secretary of Defense.
``(b) The number of officers on active duty shall be counted for
purposes of this section in the same manner as applies under section
115(a)(1) of this title.
``(c) In this section:
``(1) The term `programmed manpower structure' means the
aggregation of billets describing the full manpower require
[[Page 110 STAT. 296]]
ments for units and organizations in the programmed force
structure.
``(2) The term `programmed force structure' means the set of
units and organizations that exist in the current year and that
is planned to exist in each future year under the then-current
Future-Years Defense Program.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after ``Sec.'' the following new item:
``3201. Officers on active duty: minimum strength based on
requirements.''.
(b) <<NOTE: 10 USC 3201 note.>> Assistance in Accomplishing
Requirement.--The Secretary of Defense shall provide to the Army
sufficient personnel and financial resources to enable the Army to meet
the requirement specified in section 3201 of title 10, United States
Code, as added by subsection (a).
SEC. 506. AUTHORITY FOR MEDICAL DEPARTMENT OFFICERS OTHER THAN
PHYSICIANS TO BE APPOINTED AS SURGEON
GENERAL.
(a) Surgeon General of the Army.--The third sentence of section
3036(b) of title 10, United States Code, is amended by inserting after
``The Surgeon General'' the following: ``may be appointed from officers
in any corps of the Army Medical Department and''.
(b) Surgeon General of the Navy.--Section 5137 of such title is
amended--
(1) in the first sentence of subsection (a), by striking out
``in the Medical Corps'' and inserting in lieu thereof ``in any
corps of the Navy Medical Department''; and
(2) in subsection (b), by striking out ``in the Medical
Corps'' and inserting in lieu thereof ``who is qualified to be
the Chief of the Bureau of Medicine and Surgery''.
(c) Surgeon General of the Air Force.--The first sentence of section
8036 of such title is amended by striking out ``designated as medical
officers under section 8067(a) of this title'' and inserting in lieu
thereof ``in the Air Force medical department''.
SEC. 507. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR FORCE.
(a) Tenure and Grade of Deputy Judge Advocate General.--Section
8037(d)(1) of such title is amended--
(1) in the second sentence, by striking out ``two years''
and inserting in lieu thereof ``four years''; and
(2) by striking out the last sentence and inserting in lieu
thereof the following: ``An officer appointed as Deputy Judge
Advocate General who holds a lower regular grade shall be
appointed in the regular grade of major general.''.
(b) <<NOTE: 10 USC 8037 note.>> Effective Date.--The amendments made
by subsection (a) apply to any appointment to the position of Deputy
Judge Advocate General of the Air Force that is made after the date of
the enactment of this Act.
SEC. 508. AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Extension of Authority.--Subsection (f) of section 5721 of title
10, United States Code, is amended by striking out ``September 30,
1995'' and inserting in lieu thereof ``September 30, 1996''.
(b) Limitation.--Such section is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
[[Page 110 STAT. 297]]
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Limitation on Number of Eligible Positions.--(1) An
appointment under this section may only be made for service in a
position designated by the Secretary of the Navy for purposes of this
section. The number of positions so designated may not exceed 325.
``(2) <<NOTE: Notice.>> Whenever the Secretary makes a change to the
positions designated under paragraph (1), the Secretary shall submit
notice of the change in writing to Congress.''.
(c) Report.--Not later than April 1, 1996, the Secretary of Defense
shall submit to Congress a report providing the Secretary's assessment
of that continuing need for the promotion authority under section 5721
of title 10, United States Code. The Secretary shall include in the
report the following:
(1) The nature and grade structure of the positions for
which such authority has been used.
(2) The cause or causes of the reported chronic shortages of
qualified personnel in the required grade to fill the positions
specified under paragraph (1).
(3) The reasons for the perceived inadequacy of the officer
promotion system (including ``below-the-zone'' selections) to
provide sufficient officers in the required grade to fill those
positions.
(4) The extent to which a bonus program or some other
program would be a more appropriate means of resolving the
reported chronic shortages in engineering positions.
(d) Clerical Amendments.--Section 5721 of title 10, United States
Code, is amended as follows:
(1) Subsection (a) is amended by inserting ``Promo tion
Authority for Certain Officer With Critical Skills.--'' after
``(a)''.
(2) Subsection (b) is amended by inserting ``Status of
Officers Appointed.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Board
Recommendation Required.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting ``Acceptance and
Effective Date of Appointment.--'' after ``(d)''.
(5) Subsection (e) is amended by inserting ``Termination of
Appointment.--'' after ``(e)''.
(6) Subsection (g), as redesignated by subsection (b)(1), is
amended by inserting ``Termination of Appointment Authority.--''
after ``(g)''.
(e) <<NOTE: 10 USC 5721 note.>> Effective Date.--Subsection (f) of
section 5721 of title 10, United States Code, as added by subsection
(b)(2), shall take effect at the end of the 30-day period beginning on
the date of the enactment of this Act and shall apply to any appointment
under that section after the end of such period.
SEC. 509. RETIREMENT FOR YEARS OF SERVICE OF DIRECTORS OF
ADMISSIONS OF MILITARY AND AIR FORCE
ACADEMIES.
(a) Military Academy.--(1) Section 3920 of title 10, United States
Code, is amended to read as follows:
[[Page 110 STAT. 298]]
``Sec. 3920. More than thirty years: permanent professors and the
Director of Admissions of the United States
Military Academy
``(a) The Secretary of the Army may retire an officer specified in
subsection (b) who has more than 30 years of service as a commissioned
officer.
``(b) Subsection (a) applies in the case of the following officers:
``(1) Any permanent professor of the United States Military
Academy.
``(2) The Director of Admissions of the United States
Military Academy.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 367 of such title is amended to read as
follows:
``3920. More than thirty years: permanent professors and the Director of
Admissions of the United States Military Academy.''.
(b) Air Force Academy.--(1) Section 8920 of title 10, United States
Code, is amended to read as follows:
``Sec. 8920. More than thirty years: permanent professors and the
Director of Admissions of the United States
Air Force Academy
``(a) The Secretary of the Air Force may retire an officer specified
in subsection (b) who has more than 30 years of service as a
commissioned officer.
``(b) Subsection (a) applies in the case of the following officers:
``(1) Any permanent professor of the United States Air Force
Academy.
``(2) The Director of Admissions of the United States Air
Force Academy.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 867 of such title is amended to read as
follows:
``8920. More than thirty years: permanent professors and the Director of
Admissions of the United States Air Force Academy.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT
AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve Medical
Officers.--Sections 3359(b) and 8359(b) of title 10, United States Code,
are each amended by striking out ``September 30, 1995'' and inserting in
lieu thereof ``September 30, 1996''.
(b) Promotion Authority for Certain Reserve Officers Serving on
Active Duty.--Sections 3380(d) and 8380(d) of title 10, United States
Code, are each amended by striking out ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''.
(c) <<NOTE: 10 USC 3360 note.>> Years of Service for Mandatory
Transfer to the Retired Reserve.--Section 1016(d) of the Department of
Defense Authorization Act, 1984 (10 U.S.C. 3360) is amended by striking
out ``September 30, 1995'' and inserting in lieu thereof ``September 30,
1996''.
[[Page 110 STAT. 299]]
SEC. 512. MOBILIZATION INCOME INSURANCE PROGRAM FOR MEMBERS OF
READY RESERVE.
(a) Establishment of Program.--(1) Subtitle E of title 10, United
States Code, is amended by inserting after chapter 1213 the following
new chapter:
``CHAPTER 1214--READY RESERVE MOBILIZATION INCOME INSURANCE
``Sec.
``12521. Definitions.
``12522. Establishment of insurance program.
``12523. Risk insured.
``12524. Enrollment and election of benefits.
``12525. Benefit amounts.
``12526. Premiums.
``12527. Payment of premiums.
``12528. Reserve Mobilization Income Insurance Fund.
``12529. Board of Actuaries.
``12530. Payment of benefits.
``12531. Purchase of insurance.
``12532. Termination for nonpayment of premiums; forfeiture.
``Sec. 12521. Definitions
``In this chapter:
``(1) The term `insurance program' means the Ready Reserve
Mobilization Income Insurance Program established under section
12522 of this title.
``(2) The term `covered service' means active duty performed
by a member of a reserve component under an order to active duty
for a period of more than 30 days which specifies that the
member's service--
``(A) is in support of an operational mission for
which members of the reserve components have been
ordered to active duty without their consent; or
``(B) is in support of forces activated during a
period of war declared by Congress or a period of
national emergency declared by the President or
Congress.
``(3) The term `insured member' means a member of the Ready
Reserve who is enrolled for coverage under the insurance program
in accordance with section 12524 of this title.
``(4) The term `Secretary' means the Secretary of Defense.
``(5) The term `Department' means the Department of Defense.
``(6) The term `Board of Actuaries' means the Department of
Defense Education Benefits Board of Actuaries referred to in
section 2006(e)(1) of this title.
``(7) The term `Fund' means the Reserve Mobilization Income
Insurance Fund established by section 12528(a) of this title.
``Sec. 12522. Establishment of insurance program
``(a) Establishment.--The Secretary shall establish for members of
the Ready Reserve (including the Coast Guard Reserve) an insurance
program to be known as the `Ready Reserve Mobilization Income Insurance
Program'.
``(b) Administration.--The insurance program shall be administered
by the Secretary. The Secretary may prescribe in regulations such rules,
procedures, and policies as the Secretary considers necessary or
appropriate to carry out the insurance program.
[[Page 110 STAT. 300]]
``(c) Agreement With Secretary of Transportation.--The Secretary and
the Secretary of Transportation shall enter into an agreement with
respect to the administration of the insurance program for the Coast
Guard Reserve.
``Sec. 12523. Risk insured
``(a) In General.--The insurance program shall insure members of the
Ready Reserve against the risk of being ordered into covered service.
``(b) Entitlement to Benefits.--(1) An insured member ordered into
covered service shall be entitled to payment of a benefit for each month
(and fraction thereof) of covered service that exceeds 30 days of
covered service, except that no member may be paid under the insurance
program for more than 12 months of covered service served during any
period of 18 consecutive months.
``(2) Payment shall be based solely on the insured status of a
member and on the period of covered service served by the member. Proof
of loss of income or of expenses incurred as a result of covered service
may not be required.
``Sec. 12524. Enrollment and election of benefits
``(a) Enrollment.--(1) Except as provided in subsection (f), upon
first becoming a member of the Ready Reserve, a member shall be
automatically enrolled for coverage under the insurance program. An
automatic enrollment of a member shall be void if within 60 days after
first becoming a member of the Ready Reserve the member declines
insurance under the program in accordance with the regulations
prescribed by the Secretary.
``(2) Promptly after the insurance program is established, the
Secretary shall offer to members of the reserve components
who are then members of the Ready Reserve (other than members ineligible
under subsection (f)) an opportunity to enroll for coverage under the
insurance program. A member who fails to enroll within 60 days after
being offered the opportunity shall be considered as having declined to
be insured under the program.
``(3) A member of the Ready Reserve ineligible to enroll under
subsection (f) shall be afforded an opportunity to enroll upon being
released from active duty in accordance with regulations prescribed by
the Secretary if the member has not previously had the opportunity to be
enrolled under paragraph (1) or (2). A member who fails to enroll within
60 days after being afforded that opportunity shall be considered as
having declined to be insured under the program.
``(b) Election of Benefit Amount.--The amount of a member's monthly
benefit under an enrollment shall be the basic benefit under subsection
(a) of section 12525 of this title unless the member elects a different
benefit under subsection (b) of such section within 60 days after first
becoming a member of the Ready Reserve or within 60 days after being
offered the opportunity to enroll, as the case may be.
``(c) Elections Irrevocable.--(1) An election to decline insurance
pursuant to paragraph (1) or (2) of subsection (a) is irrevocable.
``(2) The amount of coverage may not be increased after enrollment.
``(d) Election To Terminate.--A member may terminate an enrollment
at any time.
[[Page 110 STAT. 301]]
``(e) Information To Be Furnished.--The Secretary shall ensure that
members referred to in subsection (a) are given a written explanation of
the insurance program and are advised that they have the right to
decline to be insured and, if not declined, to elect coverage for a
reduced benefit or an enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready Reserve
serving on active duty (or full-time National Guard duty) are not
eligible to enroll for coverage under the insurance program. The
Secretary may define any additional category of members of the Ready
Reserve to be excluded from eligibility to purchase insurance under this
chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured member under
the insurance program is $1,000 per month (as adjusted under subsection
(d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage under the
insurance program may elect--
``(1) a reduced coverage benefit equal to one-half the
amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500, $2,000,
$2,500, $3,000, $3,500, $4,000, $4,500, or $5,000 per month (as
adjusted under subsection (d)).
``(c) Amount for Partial Month.--The amount of insurance payable to
an insured member for any period of covered service that is less than
one month shall be determined by multiplying \1/30\ of the monthly
benefit rate for the member by the number of days of the covered service
served by the member during such period.
``(d) Adjustment of Amounts.--(1) The Secretary shall determine
annually the effect of inflation on benefits and shall adjust the
amounts set forth in subsections (a) and (b)(2) to maintain the constant
dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under paragraph (1) is
not evenly divisible by $10, the amount shall be rounded to the nearest
multiple of $10, except that an amount evenly divisible by $5 but not by
$10 shall be rounded to the next lower amount that is evenly divisible
by $10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in consultation
with the Board of Actuaries, shall prescribe the premium rates for
insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate for each
$1,000 of monthly insurance benefit. The premium amount shall be equal
to the share of the cost attributable to insuring the member and shall
be the same for all members of the Ready Reserve who are insured under
the insurance program for the same benefit amount. The Secretary shall
prescribe the rate on the basis of the best available estimate of risk
and financial exposure, levels of subscription by members, and other
relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the first
year of insurance coverage of an insured member shall be continued
without change for subsequent years of insurance coverage, except that
the Secretary, after consultation with the Board
[[Page 110 STAT. 302]]
of Actuaries, may adjust the premium rate in order to fund inflation-
adjusted benefit increases on an actuarially sound basis.
``Sec. 12527. Payment of premiums
``(a) Methods of Payment.--(1) The monthly premium for coverage of a
member under the insurance program shall be deducted and withheld from
the insured member's pay for each month.
``(2) An insured member who does not receive pay on a monthly basis
shall pay the Secretary directly the premium amount applicable for the
level of benefits for which the member is insured.
``(b) Advance Pay for Premium.--The Secretary concerned may advance
to an insured member the amount equal to the first insurance premium
payment due under this chapter. The advance may be paid out of
appropriations for military pay. An advance to a member shall be
collected from the member either by deducting and withholding the amount
from basic pay payable for the member or by collecting it from the
member directly. No disbursing or certifying officer shall be
responsible for any loss resulting from an advance under this
subsection.
``(c) Premiums To Be Deposited in Fund.--Premium amounts deducted
and withheld from the pay of insured members and premium amounts paid
directly to the Secretary shall be credited monthly to the Fund.
``Sec. 12528. Reserve Mobilization Income Insurance Fund
``(a) Establishment.--There is established on the books of the
Treasury a fund to be known as the `Reserve Mobilization Income
Insurance Fund', which shall be administered by the Secretary of the
Treasury. The Fund shall be used for the accumulation of funds in order
to finance the liabilities of the insurance program on an actuarially
sound basis.
``(b) Assets of Fund.--There shall be deposited into the Fund the
following:
``(1) Premiums paid under section 12527 of this title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the Fund.
``(c) Availability.--Amounts in the Fund shall be available for
paying insurance benefits under the insurance program.
``(d) Investment of Assets of Fund.--The Secretary of the Treasury
shall invest such portion of the Fund as is not in the judgment of the
Secretary of Defense required to meet current liabilities. Such
investments shall be in public debt securities with maturities suitable
to the needs of the Fund, as determined by the Secretary of Defense, and
bearing interest at rates determined by the Secretary of the Treasury,
taking into consideration current market yields on outstanding
marketable obligations of the United States of comparable maturities.
The income on such investments shall be credited to the Fund.
``(e) Annual Accounting.--At the beginning of each fiscal year, the
Secretary, in consultation with the Board of Actuaries and the Secretary
of the Treasury, shall determine the following:
``(1) The projected amount of the premiums to be collected,
investment earnings to be received, and any transfers or
appropriations to be made for the Fund for that fiscal year.
[[Page 110 STAT. 303]]
``(2) The amount for that fiscal year of any cumulative
unfunded liability (including any negative amount or any gain to
the Fund) resulting from payments of benefits.
``(3) The amount for that fiscal year (including any
negative amount) of any cumulative actuarial gain or loss to the
Fund.
``Sec. 12529. Board of Actuaries
``(a) Actuarial Responsibility.--The Board of Actuaries shall have
the actuarial responsibility for the insurance program.
``(b) Valuations and Premium Recommendations.--The Board of
Actuaries shall carry out periodic actuarial valuations of the benefits
under the insurance program and determine a premium rate methodology for
the Secretary to use in setting premium rates for the insurance program.
The Board shall conduct the first valuation and determine a premium rate
methodology not later than six months after the insurance program is
established.
``(c) Effects of Changed Benefits.--If at the time of any actuarial
valuation under subsection (b) there has been a change in benefits under
the insurance program that has been made since the last such valuation
and such change in benefits increases or decreases the present value of
amounts payable from the Fund, the Board of Actuaries shall determine a
premium rate methodology, and recommend to the Secretary a premium
schedule, for the liquidation of any liability (or actuarial gain to the
Fund) resulting from such change and any previous such changes so that
the present value of the sum of the scheduled premium payments (or
reduction in payments that would otherwise be made) equals the
cumulative increase (or decrease) in the present value of such benefits.
``(d) Actuarial Gains or Losses.--If at the time of any such
valuation the Board of Actuaries determines that there has been an
actuarial gain or loss to the Fund as a result of changes in actuarial
assumptions since the last valuation or as a result of any differences,
between actual and expected experience since the last valuation, the
Board shall recommend to the Secretary a premium rate schedule for the
amortization of the cumulative gain or loss to the Fund resulting from
such changes in assumptions and any previous such changes in assumptions
or from the differences in actual and expected experience, respectively,
through an increase or decrease in the payments that would otherwise be
made to the Fund.
``(e) Insufficient Assets.--If at any time liabilities of the Fund
exceed assets of the Fund as a result of members of the Ready Reserve
being ordered to active duty as described in section 12521(2) of this
title, and funds are unavailable to pay benefits completely, the
Secretary shall request the President to submit to Congress a request
for a special appropriation to cover the unfunded liability. If
appropriations are not made to cover an unfunded liability in any fiscal
year, the Secretary shall reduce the amount of the benefits paid under
the insurance program to a total amount that does not exceed the assets
of the Fund expected to accrue by the end of such fiscal year. Benefits
that cannot be paid because of such a reduction shall be deferred and
may be paid only after and to the extent that additional funds become
available.
``(f) Definition of Present Value.--The Board of Actuaries shall
define the term `present value' for purposes of this subsection.
[[Page 110 STAT. 304]]
``Sec. 12530. Payment of benefits
``(a) Commencement of Payment.--An insured member who serves in
excess of 30 days of covered service shall be paid the amount to which
such member is entitled on a monthly basis beginning not later than one
month after the 30th day of covered service.
``(b) <<NOTE: Regulations.>> Method of Payment.--The Secretary shall
prescribe in the regulations the manner in which payments shall be made
to the member or to a person designated in accordance with subsection
(c).
``(c) Designated Recipients.--(1) A member may designate in writing
another person (including a spouse, parent, or other person with an
insurable interest, as determined in accordance with the regulations
prescribed by the Secretary) to receive payments of insurance benefits
under the insurance program.
``(2) A member may direct that payments of insurance benefits for a
person designated under paragraph (1) be deposited with a bank or other
financial institution to the credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any insurance
payable under the insurance program on account of a deceased member's
period of covered service shall be paid, upon the establishment of a
valid claim, to the beneficiary or beneficiaries which the deceased
member designated in writing. If no such designation has been made, the
amount shall be payable in accordance with the laws of the State of the
member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of or in
addition to underwriting the insurance program through the Fund,
purchase from one or more insurance companies a policy or policies of
group insurance in order to provide the benefits required under this
chapter. The Secretary may waive any requirement for full and open
competition in order to purchase an insurance policy under this
subsection.
``(b) Eligible Insurers.--In order to be eligible to sell insurance
to the Secretary for purposes of subsection (a), an insurance company
shall--
``(1) be licensed to issue insurance in each of the 50
States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in effect at
least one percent of the total amount of insurance that all such
insurance companies have in effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company that
issues a policy for purposes of subsection (a) shall establish an
administrative office at a place and under a name designated by the
Secretary.
``(2) For the purposes of carrying out this chapter, the Secretary
may use the facilities and services of any insurance company issuing any
policy for purposes of subsection (a), may designate one such company as
the representative of the other companies for such purposes, and may
contract to pay a reasonable fee to the designated company for its
services.
``(d) Reinsurance.--The Secretary shall arrange with each insurance
company issuing any policy for purposes of subsection (a) to reinsure,
under conditions approved by the Secretary, portions
[[Page 110 STAT. 305]]
of the total amount of the insurance under such policy or policies with
such other insurance companies (which meet qualifying criteria
prescribed by the Secretary) as may elect to participate in such
reinsurance.
``(e) Termination.--The Secretary may at any time terminate any
policy purchased under this section.
``Sec. 12532. Termination for nonpayment of premiums; forfeiture
``(a) Termination for Nonpayment.--The coverage of a member under
the insurance program shall terminate without prior notice upon a
failure of the member to make required monthly payments of premiums for
two consecutive months. The Secretary may provide in the regulations for
reinstatement of insurance coverage terminated under this subsection.
``(b) Forfeiture.--Any person convicted of mutiny, treason, spying,
or desertion, or who refuses to perform service in the armed forces or
refuses to wear the uniform of any of the armed forces shall forfeit all
rights to insurance under this chapter.''.
(2) The tables of chapters at the beginning of subtitle E, and at
the beginning of part II of subtitle E, of title 10, United States Code,
are amended by inserting after the item relating to chapter 1213 the
following new item:
``1214. Ready Reserve Mobilization Income Insurance.............12521''.
(b) <<NOTE: Federal Register, publication. 10 USC 12521
note.>> Effective Date.--The insurance program provided for in chapter
1214 of title 10, United States Code, as added by subsection (a), and
the requirement for deductions and contributions for that program shall
take effect on September 30, 1996, or on any earlier date declared by
the Secretary and published in the Federal Register.
SEC. 513. MILITARY TECHNICIAN FULL-TIME SUPPORT PROGRAM FOR ARMY
AND AIR FORCE RESERVE COMPONENTS.
(a) Requirement of Annual Authorization of End Strength.--(1)
Section 115 of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(g) Congress shall authorize for each fiscal year the end strength
for military technicians for each reserve component of the Army and Air
Force. Funds available to the Department of Defense for any fiscal year
may not be used for the pay of a military technician during that fiscal
year unless the technician fills a position that is within the number of
such positions authorized by law for that fiscal year for the reserve
component of that technician. This subsection applies without regard to
section 129 of this title.''.
(2) <<NOTE: 10 USC 115 note.>> The amendment made by paragraph (1)
does not apply with respect to fiscal year 1995.
(b) <<NOTE: 10 USC 115 note.>> Authorization for Fiscal Years 1996
and 1997.--For each of fiscal years 1996 and 1997, the minimum number of
military technicians, as of the last day of that fiscal year, for the
Army and the Air Force (notwithstanding section 129 of title 10, United
States Code) shall be the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
[[Page 110 STAT. 306]]
(c) Administration of Military Technician Program.--(1) Chapter 1007
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 10216. Military technicians
``(a) Priority for Management of Military Technicians.--(1) As a
basis for making the annual request to Congress pursuant to section 115
of this title for authorization of end strengths for military
technicians of the Army and Air Force reserve components, the Secretary
of Defense shall give priority to supporting authorizations for dual
status military technicians in the following high-priority units and
organizations:
``(A) Units of the Selected Reserve that are scheduled to
deploy no later than 90 days after mobilization.
``(B) Units of the Selected Reserve that are or will deploy
to relieve active duty peacetime operations tempo.
``(C) Those organizations with the primary mission of
providing direct support surface and aviation maintenance for
the reserve components of the Army and Air Force, to the extent
that the military technicians in such units would mobilize and
deploy in a skill that is compatible with their civilian
position skill.
``(2) For each fiscal year, the Secretary of Defense shall, for the
high-priority units and organizations referred to in paragraph (1), seek
to achieve a programmed manning level for military technicians that is
not less than 90 percent of the programmed manpower structure for those
units and organizations for military technicians for that fiscal year.
``(3) Military technician authorizations and personnel in high-
priority units and organizations specified in paragraph (1) shall be
exempt from any requirement (imposed by law or otherwise) for reductions
in Department of Defense civilian personnel and shall only be reduced as
part of military force structure reductions.
``(b) Dual-Status Requirement.--The Secretary of Defense shall
require the Secretary of the Army and the Secretary of the Air Force to
establish as a condition of employment for each individual who is hired
after the date of the enactment of this section as a military technician
that the individual maintain membership in the Selected Reserve (so as
to be a so-called `dual-status' technician) and shall require that the
civilian and military position skill requirements of dual-status
military technicians be compatible. No Department of Defense funds may
be spent for compensation for any military technician hired after the
date of the enactment of this section who
is not a member of the Selected Reserve, except that compensation may be
paid for up to six months following loss of membership in the Selected
Reserve if such loss of membership was not due to the failure to meet
military standards.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``10216. Military technicians.''.
(d) Review of Reserve Component Management Headquarters.--(1) The
Secretary of Defense shall, within six months after the date of the
enactment of this Act, undertake steps to reduce, consolidate, and
streamline management headquarters operations of the reserve components.
As part of those steps, the Secretary shall identify those military
technicians positions in such
[[Page 110 STAT. 307]]
headquarters operations that are excess to the requirements of those
headquarters.
(2) Of the military technicians positions that are identified under
paragraph (1), the Secretary shall reallocate up to 95 percent of the
annual funding required to support those positions for the purpose of
creating new positions or filling existing positions in the high-
priority units and activities specified in section 10216(a) of title 10,
United States Code, as added by subsection (c).
(e) Annual Defense Manpower Requirements Report.--Section 115a of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(h) In each such report, the Secretary shall include a separate
report on the Army and Air Force military technician programs. The
report shall include a presentation, shown by reserve component and
shown both as of the end of the preceding fiscal year and for the next
fiscal year, of the following:
``(1) The number of military technicians required to be
employed (as specified in accordance with Department of Defense
procedures), the number authorized to be employed under
Department of Defense personnel procedures, and the number
actually employed.
``(2) Within each of the numbers under paragraph (1)--
``(A) the number applicable to a reserve component
management headquarter organization; and
``(B) the number applicable to high-priority units
and organizations (as specified in section 10216(a) of
this title).
``(3) Within each of the numbers under paragraph (1), the
numbers of military technicians who are not themselves members
of a reserve component (so-called `single-status' technicians),
with a further display of such numbers as specified in paragraph
(2).''.
SEC. 514. REVISIONS TO ARMY GUARD COMBAT REFORM INITIATIVE TO
INCLUDE ARMY RESERVE UNDER CERTAIN
PROVISIONS AND MAKE CERTAIN REVISIONS.
(a) Prior Active Duty Personnel.--Section 1111 of the Army National
Guard Combat Readiness Reform Act of 1992 (title XI of Public Law 102-
484) <<NOTE: 10 USC 10105 note.>> is amended--
(1) in the section heading, by striking out the first three
words;
(2) by striking out subsections (a) and (b) and inserting in
lieu thereof the following:
``(a) Additional Prior Active Duty Officers.--The Secretary of the
Army shall increase the number of qualified prior active-duty officers
in the Army National Guard by providing a program that permits the
separation of officers on active duty with at least two, but less than
three, years of active service upon condition that the officer is
accepted for appointment in the Army National Guard. The Secretary shall
have a goal of having not fewer than 150 officers become members of the
Army National Guard each year under this section.
``(b) Additional Prior Active Duty Enlisted Members.--The Secretary
of the Army shall increase the number of qualified prior active-duty
enlisted members in the Army National Guard through the use of
enlistments as described in section 8020 of the Department of Defense
Appropriations Act, 1994 (Public Law 103-139). The Secretary shall
enlist not fewer than 1,000 new
[[Page 110 STAT. 308]]
enlisted members each year under enlistments described in that
section.''; and
(3) by striking out subsections (d) and (e).
(b) <<NOTE: 10 USC 10105 note.>> Service in the Selected Reserve in
Lieu of Active Duty Service for ROTC Graduates.--Section 1112(b) of such
Act (106 Stat. 2537) is amended by striking out ``National Guard''
before the period at the end and inserting in lieu thereof ``Selected
Reserve''.
(c) <<NOTE: 10 USC 10105 note.>> Review of Officer Promotions.--
Section 1113 of such Act (106 Stat. 2537) is amended--
(1) in subsection (a), by striking out ``National Guard''
both places it appears and inserting in lieu thereof ``Selected
Reserve''; and
(2) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Coverage of Selected Reserve Combat and Early Deploying
Units.--(1) Subsection (a) applies to officers in all units of the
Selected Reserve that are designated as combat units or that are
designated for deployment within 75 days of mobilization.
``(2) <<NOTE: Effective date.>> Subsection (a) shall take effect
with respect to officers of the Army Reserve, and with respect to
officers of the Army National Guard in units not subject to subsection
(a) as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996, at the end of the 90-day period
beginning on such date of enactment.''.
(d) <<NOTE: 10 USC 10105 note.>> Initial Entry Training and
Nondeployable Personnel.--Section 1115 of such Act (106 Stat. 2538) is
amended--
(1) in subsections (a) and (b), by striking out ``National
Guard'' each place it appears and inserting in lieu thereof
``Selected Reserve''; and
(2) in subsection (c)--
(A) by striking out ``a member of the Army National
Guard enters the National Guard'' and inserting
in lieu thereof ``a member of the Army Selected Reserve enters the Army
Selected Reserve''; and
(B) by striking out ``from the Army National
Guard''.
(e) <<NOTE: 10 USC 10105 note.>> Accounting of Members Who Fail
Physical Deployability Standards.--Section 1116 of such Act (106 Stat.
2539) is amended by striking out ``National Guard'' each place it
appears and inserting in lieu thereof ``Selected Reserve''.
(f) Use of Combat Simulators.--Section 1120 of such Act (106 Stat.
2539) is amended by inserting ``and the Army Reserve'' before the period
at the end.
SEC. 515. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) <<NOTE: 10 USC 10105 note.>> Associate Units.--Subsection (a) of
section 1131 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2540) is amended to read as follows:
``(a) Associate Units.--The Secretary of the Army shall require--
``(1) that each ground combat maneuver brigade of the Army
National Guard that (as determined by the Secretary) is
essential for the execution of the National Military Strategy be
associated with an active-duty combat unit; and
``(2) that combat support and combat service support units
of the Army Selected Reserve that (as determined by the Sec
[[Page 110 STAT. 309]]
retary) are essential for the execution of the National Military
Strategy be associated with active-duty units.''.
(b) Responsibilities.--Subsection (b) of such section is
amended--
(1) by striking out ``National Guard combat unit'' in the
matter preceding paragraph (1) and inserting in lieu thereof
``National Guard unit or Army Selected Reserve unit that (as
determined by the Secretary under subsection (a)) is essential
for the execution of the National Military Strategy''; and
(2) by striking out ``of the National Guard unit'' in
paragraphs (1), (2), (3), and (4) and inserting in lieu thereof
``of that unit''.
SEC. 516. LEAVE FOR MEMBERS OF RESERVE COMPONENTS PERFORMING
PUBLIC SAFETY DUTY.
(a) Election of Leave To Be Charged.--Subsection (b) of section 6323
of title 5, United States Code, is amended by adding at the end the
following: ``Upon the request of an employee, the period for which an
employee is absent to perform service described in paragraph (2) may be
charged to the employee's accrued annual leave or to compensatory time
available to the employee instead of being charged as leave to which the
employee is entitled under this subsection. The period of absence may
not be charged to sick leave.''.
(b) Pay for Period of Absence.--Section 5519 of such title is
amended by striking out ``entitled to leave'' and inserting in lieu
thereof ``granted military leave''.
SEC. 517. DEPARTMENT OF DEFENSE FUNDING FOR NATIONAL GUARD
PARTICIPATION IN JOINT DISASTER AND
EMERGENCY ASSISTANCE EXERCISES.
Section 503(a) of title 32, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) includes authority to provide for participation
of the National Guard in conjunction with the Army or the Air Force, or
both, in joint exercises for instruction to prepare the National Guard
for response to civil emergencies and disasters.''.
Subtitle C--Decorations and Awards
SEC. 521. <<NOTE: 10 USC 1129 note.>> AWARD OF PURPLE HEART TO
PERSONS WOUNDED WHILE HELD AS PRISONERS OF
WAR BEFORE APRIL 25, 1962.
(a) Award of Purple Heart.--For purposes of the award of the Purple
Heart, the Secretary concerned (as defined in section 101 of title 10,
United States Code) shall treat a former prisoner of war who was wounded
before April 25, 1962, while held as a prisoner of war (or while being
taken captive) in the same manner as a former prisoner of war who is
wounded on or after that date while held as a prisoner of war (or while
being taken captive).
(b) Standards for Award.--An award of the Purple Heart under
subsection (a) shall be made in accordance with the standards in effect
on the date of the enactment of this Act for the award of the Purple
Heart to persons wounded on or after April 25, 1962.
(c) Eligible Former Prisoners of War.--A person shall be considered
to be a former prisoner of war for purposes of this
[[Page 110 STAT. 310]]
section if the person is eligible for the prisoner-of-war medal under
section 1128 of title 10, United States Code.
SEC. 522. <<NOTE: 10 USC 1130 note.>> AUTHORITY TO AWARD
DECORATIONS RECOGNIZING ACTS OF VALOR
PERFORMED IN COMBAT DURING THE VIETNAM
CONFLICT.
(a) Findings.--Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried out by
the Armed Forces in the Ia Drang Valley of Vietnam from October
23, 1965, to November 26, 1965, is illustrative of the many
battles during the Vietnam conflict which pitted forces of the
United States against North Vietnamese Army regulars and Viet
Cong in vicious fighting.
(2) Accounts of those battles that have been published since
the end of that conflict authoritatively document numerous and
repeated acts of extraordinary heroism, sacrifice, and bravery
on the part of members of the Armed Forces, many of which have
never been officially recognized.
(3) In some of those battles, United States military units
suffered substantial losses, with some units sustaining
casualties in excess of 50 percent.
(4) The incidence of heavy casualties throughout the Vietnam
conflict inhibited the timely collection of comprehensive and
detailed information to support recommendations for awards
recognizing acts of heroism, sacrifice, and bravery.
(5) Subsequent requests to the Secretaries of the military
departments for review of award recommendations for such acts
have been denied because of restrictions in law and regulations
that require timely filing of such recommendations and
documented justification.
(6) Acts of heroism, sacrifice, and bravery performed in
combat by members of the Armed Forces deserve appropriate and
timely recognition by the people of the United States.
(7) It is appropriate to recognize acts of heroism,
sacrifice, or bravery that are belatedly, but properly,
documented by persons who witnessed those acts.
(b) Waiver of Time Limitations for Recommendations for Awards.--(1)
Any decoration covered by paragraph (2) may be awarded, without regard
to any time limit imposed by law or regulation for a recommendation for
such award to any person for actions by that person in the Southeast
Asia theater of operations while serving on active duty during the
Vietnam era. The waiver of time limitations under this paragraph applies
only in the case of awards for acts of valor for which a request for
consideration is submitted under subsection (c).
(2) Paragraph (1) applies to any decoration (including any device in
lieu of a decoration) that, during or after the Vietnam era and before
the date of the enactment of this Act, was authorized by law or under
regulations of the Department of Defense or the military department
concerned to be awarded to members of the Armed Forces for acts of
valor.
(c) Review of Requests for Consideration of Awards.--(1) The
Secretary of each military department shall review each request for
consideration of award of a decoration described in subsection (b) that
are received by the Secretary during the one-year period beginning on
the date of enactment of this Act.
[[Page 110 STAT. 311]]
(2) The Secretaries shall begin the review within 30 days after the
date of the enactment of this Act and shall complete the review of each
request for consideration not later than one year after the date on
which the request is received.
(3) The Secretary may use the same process for carrying out the
review as the Secretary uses for reviewing other recommendations for
award of decorations to members of the Armed Forces under the
Secretary's jurisdiction for valorous acts.
(d) Report.--(1) Upon completing the review of each such request
under subsection (c), the Secretary shall submit a report on the review
to the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives.
(2) The report shall include, with respect to each request for
consideration received, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for consideration.
(e) Definition.--For purposes of this section:
(1) The term ``Vietnam era'' has the meaning given that term
in section 101 of title 38, United States Code.
(2) The term ``active duty'' has the meaning given that term
in section 101 of title 10, United States Code.
SEC. 523. <<NOTE: 10 USC 1130 note.>> MILITARY INTELLIGENCE
PERSONNEL PREVENTED BY SECRECY FROM BEING
CONSIDERED FOR DECORATIONS AND AWARDS.
(a) Waiver on Restrictions of Awards.--(1) Any decoration covered by
paragraph (2) may be awarded, without regard to any time limit imposed
by law or regulation for a recommendation for such award, to any person
for an act, achievement, or service that the person performed in
carrying out military intelligence duties during the period beginning on
January 1, 1940, and ending on December 31, 1990.
(2) Paragraph (1) applies to any decoration (including any device in
lieu of a decoration) that, during or after the period described in
paragraph (1) and before the date of the enactment of this Act, was
authorized by law or under the regulations of the Department of Defense
or the military department concerned to be awarded to a person for an
act, achievement, or service performed by that person while serving on
active duty.
(b) Review of Requests for Consideration of Awards.--(1) The
Secretary of each military department shall review each request for
consideration of award of a decoration described in subsection (a) that
is received by the Secretary during the one-year period beginning on the
date of the enactment of this Act.
(2) The Secretaries shall begin the review within 30 days after the
date of the enactment of this Act and shall complete the review of each
request for consideration not later than one year after the date on
which the request is received.
(3) The Secretary may use the same process for carrying out the
review as the Secretary uses for reviewing other recommendations for
awarding decorations to members of the Armed Forces under the
Secretary's jurisdiction for acts, achievements, or service.
(c) Report.--(1) Upon completing the review of each such request
under subsection (b), the Secretary shall submit a report on the review
to the Committee on Armed Services of the Senate
[[Page 110 STAT. 312]]
and the Committee on National Security of the House of Representatives.
(2) The report shall include, with respect to each request for
consideration reviewed, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for consideration.
(D) Administrative or legislative recommendations to improve
award procedures with respect to military intelligence
personnel.
(d) Definition.--For purposes of this section, the term ``active
duty'' has the meaning given such term in section 101 of title 10,
United States Code.
SEC. 524. <<NOTE: Records. 10 USC 3741 note.>> REVIEW REGARDING
UPGRADING OF DISTINGUISHED-SERVICE CROSSES
AND NAVY CROSSES AWARDED TO ASIAN-
AMERICANS AND NATIVE AMERICAN PACIFIC
ISLANDERS FOR WORLD WAR II SERVICE.
(a) Review Required.--(1) The Secretary of the Army shall review the
records relating to each award of the Distinguished-Service Cross, and
the Secretary of the Navy shall review the records relating to each
award of the Navy Cross, that was awarded to an Asian-American or a
Native American Pacific Islander with respect to service as a member of
the Armed Forces during World War II. The purpose of the review shall be
to determine whether any such award should be upgraded to the Medal of
Honor.
(2) If the Secretary concerned determines, based upon the review
under paragraph (1), that such an upgrade is appropriate in the case of
any person, the Secretary shall submit to the President a recommendation
that the President award the Medal of Honor to that person.
(b) Waiver of Time Limitations.--A Medal of Honor may be awarded to
a person referred to in subsection (a) in accordance with a
recommendation of the Secretary concerned under that subsection without
regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished-Service Cross or Navy Cross
has been awarded.
(c) Definition.--For purposes of this section, the term ``Native
American Pacific Islander'' means a Native Hawaiian and any other Native
American Pacific Islander within the
meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et
seq.).
SEC. 525. <<NOTE: 10 USC 1130 note.>> ELIGIBILITY FOR ARMED
FORCES EXPEDITIONARY MEDAL BASED UPON
SERVICE IN EL SALVADOR.
(a) In General.--For the purpose of determining eligibility of
members and former members of the Armed Forces for the Armed Forces
Expeditionary Medal, the country of El Salvador during the period
beginning on January 1, 1981 and ending on February 1, 1992, shall be
treated as having been designated as an area and a period of time in
which members of the Armed Forces participated in operations in
significant numbers and otherwise met the general requirements for the
award of that medal.
[[Page 110 STAT. 313]]
(b) Individual Determination.--The Secretary of the military
department concerned shall determine whether individual members or
former members of the Armed Forces who served in El Salvador during the
period beginning on January 1, 1981 and ending on February 1, 1992 meet
the individual service requirements for award of the Armed Forces
Expeditionary Medal as established in applicable regulations. Such
determinations shall be made as expeditiously as possible after the date
of the enactment of this Act.
SEC. 526. PROCEDURE FOR CONSIDERATION OF MILITARY DECORATIONS NOT
PREVIOUSLY SUBMITTED IN TIMELY FASHION.
(a) In General.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1130. Consideration of proposals for decorations not
previously submitted in timely fashion:
procedures for review and recommendation
``(a) Upon request of a Member of Congress, the Secretary concerned
shall review a proposal for the award or presentation of a decoration
(or the upgrading of a decoration), either for an individual or a unit,
that is not otherwise authorized to be presented or awarded due to
limitations established by law or policy for timely submission of a
recommendation for such award or presentation. Based upon such review,
the Secretary shall make a determination as to the merits of approving
the award or presentation of the decoration and the other determinations
necessary to comply with subsection (b).
``(b) Upon making a determination under subsection (a) as to the
merits of approving the award or presentation of the decoration, the
Secretary concerned shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House of
Representatives and to the requesting member of Congress notice in
writing of one of the following:
``(1) The award or presentation of the decoration does not
warrant approval on the merits.
``(2) The award or presentation of the decoration warrants
approval and a waiver by law of time restrictions prescribed by
law is recommended.
``(3) The award or presentation of the decoration warrants
approval on the merits and has been approved as an exception to
policy.
``(4) The award or presentation of the decoration warrants
approval on the merits, but a waiver of the time restrictions
prescribed by law or policy is not recommended.
A notice under paragraph (1) or (4) shall be accompanied by a statement
of the reasons for the decision of the Secretary.
``(c) Determinations under this section regarding the award or
presentation of a decoration shall be made in accordance with the same
procedures that apply to the approval or disapproval of the award or
presentation of a decoration when a recommendation for such award or
presentation is submitted in a timely manner as prescribed by law or
regulation.
``(d) In this section:
``(1) The term `Member of Congress' means--
``(A) a Senator; or
[[Page 110 STAT. 314]]
``(B) a Representative in, or a Delegate or Resident
Commissioner to, Congress.
``(2) The term `decoration' means any decoration or award
that may be presented or awarded to a member or unit of the
armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
recommendation.''.
Subtitle D--Officer Education Programs
PART I--SERVICE ACADEMIES
SEC. 531. REVISION OF SERVICE OBLIGATION FOR GRADUATES OF THE
SERVICE ACADEMIES.
(a) Military Academy.--Section 4348(a)(2)(B) of title 10, United
States Code, is amended by striking out ``six years'' and inserting in
lieu thereof ``five years''.
(b) Naval Academy.--Section 6959(a)(2)(B) of such title is amended
by striking out ``six years'' and inserting in lieu thereof ``five
years''.
(c) Air Force Academy.--Section 9348(a)(2)(B) of such title is
amended by striking out ``six years'' and inserting in lieu thereof
``five years''.
(d) Requirement for Review and Report.--(1) The Secretary of Defense
shall review the effects that each of various periods of obligated
active duty service for graduates of the United States Military Academy,
the United States Naval Academy, and the United States Air Force Academy
would have on the number and quality of the eligible and qualified
applicants seeking appointment to such academies.
(2) Not later than April 1, 1996, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the Secretary's
findings under the review, together with any recommended legislation
regarding the minimum periods of obligated active duty service for
graduates of the United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy.
(e) <<NOTE: 10 USC 4348 note.>> Applicability.--The amendments made
by this section apply to persons first admitted to the United States
Military Academy, United States Naval Academy, and United States Air
Force Academy after December 31, 1991.
SEC. 532. NOMINATIONS TO SERVICE ACADEMIES FROM COMMONWEALTH OF
THE NORTHERN MARIANAS ISLANDS.
(a) Military Academy.--Section 4342(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative from
the commonwealth.''.
(b) Naval Academy.--Section 6954(a) of title 10, United States Code,
is amended by inserting after paragraph (9) the following new paragraph:
[[Page 110 STAT. 315]]
``(10) One from the Commonwealth of the Northern Marianas
Islands, nominated by the resident representative from the
commonwealth.''.
(c) Air Force Academy.--Section 9342(a) of title 10, United States
Code, is amended by inserting after paragraph (9) the following new
paragraph:
``(10) One cadet from the Commonwealth of the Northern
Marianas Islands, nominated by the resident representative from
the commonwealth.''.
SEC. 533. REPEAL OF REQUIREMENT FOR ATHLETIC DIRECTOR AND
NONAPPROPRIATED FUND ACCOUNT FOR THE
ATHLETICS PROGRAMS AT THE SERVICE
ACADEMIES.
(a) United States Military Academy.--(1) Section 4357 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 403 of such
title is amended by striking out the item relating to section 4357.
(b) United States Naval Academy.--Section 556 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2774) is amended by striking out subsections (b) and
(e). <<NOTE: 10 USC 6975, 6975 note.>>
(c) United States Air Force Academy.--(1) Section 9356 of title 10,
United States Code, is repealed.
(2) The table of sections at the beginning of chapter 903 of such
title is amended by striking out the item relating to section 9356.
SEC. 534. REPEAL OF REQUIREMENT FOR PROGRAM TO TEST PRIVATIZATION
OF SERVICE ACADEMY PREPARATORY SCHOOLS.
Section 536 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 4331 note) is repealed.
PART II--RESERVE OFFICER TRAINING CORPS
SEC. 541. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants
and contracts
``(a) Denial of Department of Defense Grants and Contracts.--(1) No
funds appropriated or otherwise available to the Department of Defense
may be made obligated by contract or by grant (including a grant of
funds to be available for student aid) to any institution of higher
education that, as determined by the Secretary of Defense, has an anti-
ROTC policy and at which, as determined by the Secretary, the Secretary
would otherwise maintain or seek to establish a unit of the Senior
Reserve Officer Training Corps or at which the Secretary would otherwise
enroll or seek to enroll students for participation in a unit of the
Senior Reserve Officer Training Corps at another nearby institution of
higher education.
``(2) In the case of an institution of higher education that is
ineligible for Department of Defense grants and contracts by reason of
paragraph (1), the prohibition under that paragraph shall
[[Page 110 STAT. 316]]
cease to apply to that institution upon a determination by the Secretary
that the institution no longer has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary makes a
determination under subsection (a) that an institution has an anti-ROTC
policy, or that an institution previously determined to have an anti-
ROTC policy no longer has such a policy, the Secretary--
``(1) shall transmit notice of that determination to the
Secretary of Education and to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives; and
``(2) <<NOTE: Federal Register, publication.>> shall publish
in the Federal Register notice of that determination and of the
effect of that determination under subsection (a)(1) on the
eligibility of that institution for Department of Defense grants
and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary shall
publish in the Federal Register once every six months a list of each
institution of higher education that is currently ineligible for
Department of Defense grants and contracts by reason of a determination
of the Secretary under subsection (a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-ROTC
policy' means a policy or practice of an institution of higher education
that--
``(1) prohibits, or in effect prevents, the Secretary of
Defense from maintaining or establishing a unit of the Senior
Reserve Officer Training Corps at that institution, or
``(2) prohibits, or in effect prevents, a student at that
institution from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher
education.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``983. Institutions of higher education that prohibit Senior ROTC units:
denial of Department of Defense grants and contracts.''.
SEC. 542. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.
(a) Clarification of Restriction on Active Duty.--Paragraph (2) of
section 2107(h) of title 10, United States Code, is amended by inserting
``full-time'' before ``active duty'' in the second sentence.
(b) Redesignation of ROTC Scholarships.--Such paragraph is further
amended by inserting after the first sentence the following new
sentence: ``A cadet designated under this paragraph who, having
initially contracted for service as provided in subsection (b)(5)(A) and
having received financial assistance for two years under an award
providing for four years of financial assistance under this section,
modifies such contract with the consent of the Secretary of the Army to
provide for service as described in subsection (b)(5)(B), may be
counted, for the year in which the contract is modified, toward the
number of appointments required under the preceding sentence for
financial assistance awarded for a period of four years.''.
SEC. 543. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL
HEADQUARTERS STRUCTURE.
(a) Delay.--The Secretary of the Army may not take any action to
reorganize the regional headquarters and basic camp structure of the
Reserve Officers Training Corps program of the
[[Page 110 STAT. 317]]
Army until six months after the date on which the report required by
subsection (d) is submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall conduct
a comparative cost-benefit analysis of various options for the
reorganization of the regional headquarters and basic camp structure of
the Army ROTC program. As part of such analysis, the Secretary shall
measure each reorganization option considered against a common set of
criteria.
(c) Selection of Reorganization Option for Implementation.--Based on
the findings resulting from the cost-benefit analysis under subsection
(b) and such other factors as the Secretary considers appropriate, the
Secretary shall select one reorganization option for implementation. The
Secretary may select an option for implementation only if the Secretary
finds that the cost-benefit analysis and other factors considered
clearly demonstrate that such option, better than any other option
considered--
(1) provides the structure to meet projected mission
requirements;
(2) achieves the most significant personnel and cost
savings;
(3) uses existing basic and advanced camp facilities to the
maximum extent possible;
(4) minimizes additional military construction costs; and
(5) makes maximum use of the reserve components to support
basic and advanced camp operations, thereby minimizing the
effect of those operations on active duty units.
(d) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives a report describing the reorganization
option selected under subsection (c). The report shall include the
results of the cost-benefit analysis under subsection (b) and a detailed
rationale for the reorganization option selected.
SEC. 544. DURATION OF FIELD TRAINING OR PRACTICE CRUISE REQUIRED
UNDER THE SENIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM.
Section 2104(b)(6)(A)(ii) of title 10, United States Code, is
amended by striking out ``not less than six weeks' duration'' and
inserting in lieu thereof ``a duration''.
SEC. 545. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY AT SENIOR
MILITARY COLLEGES TO SERVE AS COMMANDANT
AND ASSISTANT COMMANDANT OF CADETS AND AS
TACTICAL OFFICERS.
(a) In General.--Chapter 103 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2111a. Detail of officers to senior military colleges
``(a) Detail of Officers To Serve as Commandant or Assistant
Commandant of Cadets.--(1) Upon the request of a senior military
college, the Secretary of Defense may detail an officer on the active-
duty list to serve as Commandant of Cadets at that college or (in the
case of a college with an Assistant Commandant of Cadets) detail an
officer on the active-duty list to serve as Assistant Commandant of
Cadets at that college (but not both).
``(2) In the case of an officer detailed as Commandant of Cadets,
the officer may, upon the request of the college, be assigned from
[[Page 110 STAT. 318]]
among the Professor of Military Science, the Professor of Naval Science
(if any), and the Professor of Aerospace Science (if any) at that
college or may be in addition to any other officer detailed to that
college in support of the program.
``(3) In the case of an officer detailed as Assistant Commandant of
Cadets, the officer may, upon the request of the college, be assigned
from among officers otherwise detailed to duty at that college in
support of the program or may be in addition to any other officer
detailed to that college in support of the program.
``(b) Designation of Officers as Tactical Officers.--Upon the
request of a senior military college, the Secretary of Defense may
authorize officers (other than officers covered by subsection (a)) who
are detailed to duty as instructors at that college to act
simultaneously as tactical officers (with or without compensation) for
the Corps of Cadets at that college.
``(c) Detail of Officers.--The Secretary of a military department
shall designate officers for detail to the program at a senior military
college in accordance with criteria provided by the college. An officer
may not be detailed to a senior military college without the approval of
that college.
``(d) Senior Military Colleges.--The senior military colleges are
the following:
``(1) Texas A&M University.
``(2) Norwich College.
``(3) The Virginia Military Institute.
``(4) The Citadel.
``(5) Virginia Polytechnic Institute and State University.
``(6) North Georgia College.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2111a. Detail of officers to senior military colleges.''.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 551. <<NOTE: 10 USC 113 note.>> REPORT CONCERNING
APPROPRIATE FORUM FOR JUDICIAL REVIEW OF
DEPARTMENT OF DEFENSE PERSONNEL ACTIONS.
(a) Establishment.--The Secretary of Defense shall establish an
advisory committee to consider issues relating to the appropriate forum
for judicial review of Department of Defense administrative personnel
actions.
(b) Membership.--(1) The committee shall be composed of five
members, who shall be appointed by the Secretary of Defense after
consultation with the Attorney General and the Chief Justice of the
United States.
(2) All members of the committee shall be appointed not later than
30 days after the date of the enactment of this Act.
(c) Duties.--The committee shall review, and provide findings and
recommendations regarding, the following matters with respect to
judicial review of administrative personnel actions of the Department of
Defense:
[[Page 110 STAT. 319]]
(1) Whether the existing forum for such review through the
United States district courts provides appropriate and adequate
review of such actions.
(2) Whether jurisdiction to conduct judicial review of such
actions should be established in a single court in order to
provide a centralized review of such actions and, if so, in
which court that jurisdiction should be vested.
(d) Report.--(1) Not later than December 15, 1996, the committee
shall submit to the Secretary of Defense a report setting forth its
findings and recommendations, including its recommendations pursuant to
subsection (c).
(2) Not later than January 1, 1997, the Secretary of Defense, after
consultation with the Attorney General, shall transmit the committee's
report to Congress. The Secretary may include in the transmittal any
comments on the report that the Secretary or the Attorney General
consider appropriate.
(e) Termination of Committee.--The committee shall terminate 30 days
after the date of the submission of its report to Congress under
subsection (d)(2).
SEC. 552. <<NOTE: 10 USC 115 note.>> COMPTROLLER GENERAL REVIEW
OF PROPOSED ARMY END STRENGTH ALLOCATIONS.
(a) In General.--During fiscal years 1996 through 2001, the
Comptroller General of the United States shall analyze the plans of the
Secretary of the Army for the allocation of assigned active component
end strengths for the Army through the requirements process known as
Total Army Analysis 2003 and through any subsequent similar requirements
process of the Army that is conducted before 2002. The Comptroller
General's analysis shall consider whether the proposed active component
end strengths and planned allocation of forces for that period will be
sufficient to implement the national military strategy. In monitoring
those plans, the Comptroller General shall determine the extent to which
the Army will be able during that period--
(1) to man fully the combat force based on the projected
active component Army end strength for each of fiscal years 1996
through 2001;
(2) to meet the support requirements for the force and
strategy specified in the report of the Bottom-Up Review,
including requirements for operations other than war; and
(3) to streamline further Army infrastructure in order to
eliminate duplication and inefficiencies and replace active duty
personnel in overhead positions, whenever practicable, with
civilian or reserve personnel.
(b) Access to Documents, Etc.--The Secretary of the Army shall
ensure that the Comptroller General is provided access, on a timely
basis and in accordance with the needs of the Comptroller General, to
all analyses, models, memoranda, reports, and other documents prepared
or used in connection with the requirements process of the Army known as
Total Army Analysis 2003 and any subsequent similar requirements process
of the Army that is conducted before 2002.
(c) Annual Report.--Not later than March 1 of each year through
2002, the Comptroller General shall submit to Congress a report on the
findings and conclusions of the Comptroller General under this section.
[[Page 110 STAT. 320]]
SEC. 553. REPORT ON MANNING STATUS OF HIGHLY DEPLOYABLE SUPPORT
UNITS.
(a) Report.--Not later than September 30, 1996, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives a
report on the units of the Armed Forces under the Secretary's
jurisdiction--
(1) that (as determined by the Secretary of the military
department concerned) are high-priority support units that would
deploy early in a contingency operation or other crisis; and
(2) that are, as a matter of policy, managed at less than
100 percent of their authorized strengths.
(b) Matters To Be Included.--The Secretary shall include in the
report--
(1) the number of such high-priority support units (shown by
type of unit) that are so managed;
(2) the level of manning within such high-priority support
units; and
(3) with respect to each such unit, either the justification
for manning of less than 100 percent or the status of corrective
action.
SEC. 554. REVIEW OF SYSTEM FOR CORRECTION OF MILITARY RECORDS.
(a) Review of Procedures.--The Secretary of Defense shall review the
system and procedures for the correction of military records used by the
Secretaries of the military departments in the exercise of authority
under section 1552 of title 10, United States Code, in order to identify
potential improvements that could be made in the process for correcting
military records to ensure fairness, equity, and (consistent with
appropriate service to applicants) maximum efficiency. The Secretary may
not delegate responsibility for the review to an officer or official of
a military department.
(b) Issues Reviewed.--In conducting the review, the Secretary shall
consider (with respect to each Board for the Correction of Military
Records) the following:
(1) The composition of the board and of the support staff
for the board.
(2) Timeliness of final action.
(3) Independence of deliberations by the civilian board.
(4) The authority of the Secretary of the military
department concerned to modify the recommendations of the board.
(5) Burden of proof and other evidentiary standards.
(6) Alternative methods for correcting military records.
(7) Whether the board should be consolidated with the
Discharge Review Board of the military department.
(c) Report.--Not later than April 1, 1996, the Secretary of Defense
shall submit a report on the results of the Secretary's review under
this section to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
report shall contain the recommendations of the Secretary for improving
the process for correcting military records in order to achieve the
objectives referred to in subsection (a).
[[Page 110 STAT. 321]]
SEC. 555. REPORT ON THE CONSISTENCY OF REPORTING OF FINGERPRINT
CARDS AND FINAL DISPOSITION FORMS TO THE
FEDERAL BUREAU OF INVESTIGATION.
(a) Report.--The Secretary of Defense shall submit to Congress a
report on the consistency with which fingerprint cards and final
disposition forms, as described in Criminal Investigations Policy
Memorandum 10 issued by the Defense Inspector General on March 25, 1987,
are reported by the Defense Criminal Investigative Organizations to the
Federal Bureau of Investigation for inclusion in the Bureau's criminal
history identification files. The report shall be prepared in
consultation with the Director of the Federal Bureau of Investigation.
(b) Matters To Be Included.--In the report, the Secretary shall--
(1) survey fingerprint cards and final disposition forms
filled out in the past 24 months by each investigative
organization;
(2) compare the fingerprint cards and final disposition
forms filled out to all judicial and nonjudicial procedures
initiated as a result of actions taken by each investigative
service in the past 24 months;
(3) account for any discrepancies between the forms filled
out and the judicial and nonjudicial procedures initiated;
(4) compare the fingerprint cards and final disposition
forms filled out with the information held by the Federal Bureau
of Investigation criminal history identification files;
(5) identify any weaknesses in the collection of fingerprint
cards and final disposition forms and in the reporting of that
information to the Federal Bureau of Investigation; and
(6) determine whether or not other law enforcement
activities of the military services collect and report such
information or, if not, should collect and report such
information.
(c) Submission of Report.--The report shall be submitted not later
than one year after the date of the enactment of this Act.
(d) Definition.--For the purposes of this section, the term
``criminal history identification files'', with respect to the Federal
Bureau of Investigation, means the criminal history record system
maintained by the Federal Bureau of Investigation based on fingerprint
identification and any other method of positive identification.
Subtitle F--Other Matters
SEC. 561. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR OFFICERS
AND ENLISTED MEMBERS.
(a) Enlisted Service Credit.--Section 972 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Enlisted Members Required To Make Up
Time Lost.--'' before ``An enlisted member'';
(2) by striking out paragraphs (3) and (4) and inserting in
lieu thereof the following:
``(3) is confined by military or civilian authorities for
more than one day in connection with a trial, whether before,
during, or after the trial; or''; and
(3) by redesignating paragraph (5) as paragraph (4).
[[Page 110 STAT. 322]]
(b) Officer Service Credit.--Such section is further amended by
adding at the end the following:
``(b) Officers Not Allowed Service Credit for Time Lost.--In the
case of an officer of an armed force who after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1996--
``(1) deserts;
``(2) is absent from his organization, station, or duty for
more than one day without proper authority, as determined by
competent authority;
``(3) is confined by military or civilian authorities for
more than one day in connection with a trial, whether before,
during, or after the trial; or
``(4) is unable for more than one day, as determined by
competent authority, to perform his duties because of
intemperate use of drugs or alcoholic liquor, or because of
disease or injury resulting from his misconduct;
the period of such desertion, absence, confinement, or inability to
perform duties may not be counted in computing, for any purpose other
than basic pay under section 205 of title 37, the officer's length of
service.''.
(c) Clerical Amendments.--(1) The heading of such section is amended
to read as follows:
``Sec. 972. Members: effect of time lost
(2) The item relating to section 972 in the table of sections at the
beginning of chapter 49 of such title is amended to read as follows:
``972. Members: effect of time lost.''.
(d) Conforming Amendments.--(1) <<NOTE: 10 USC 1405.>> Section
1405(c) is amended--
(A) by striking out ``Made Up.--Time'' and inserting in lieu
thereof ``Made Up or Excluded.--(1) Time'';
(B) by striking out ``section 972'' and inserting in lieu
thereof ``section 972(a)'';
(C) by inserting after ``of this title'' the following: ``,
or required to be made up by an enlisted member of the Navy,
Marine Corps, or Coast Guard under that section with respect to
a period of time after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1995,''; and
(D) by adding at the end the following:
``(2) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(2) Chapter 367 of such title is amended--
(A) in section 3925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 3926 the following new
subsection:
``(e) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(3)(A) Chapter 571 of such title is amended by inserting after
section 6327 the following new section:
[[Page 110 STAT. 323]]
``Sec. 6328. Computation of years of service: voluntary retirement
``(a) Enlisted Members.--Time required to be made up under section
972(a) of this title after the date of the enactment of this section may
not be counted in computing years of service under this chapter.
``(b) Officers.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of this
chapter any time identified with respect to that officer under that
section.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 6327 the
following new item:
``6328. Computation of years of service: voluntary retirement.''.
(4) Chapter 867 of such title is amended--
(A) in section 8925(b), by striking out ``section 972'' and
inserting in lieu thereof ``section 972(a)''; and
(B) by adding at the end of section 8926 the following new
subsection:
``(d) Section 972(b) of this title excludes from computation of an
officer's years of service for purposes of this section any time
identified with respect to that officer under that section.''.
(e) <<NOTE: 10 USC 972 note.>> Effective Date and Applicability.--
The amendments made by this section shall take effect on the date of the
enactment of this Act and shall apply to any period of time covered by
section 972 of title 10, United States Code, that occurs after that
date.
SEC. 562. ARMY RANGER TRAINING.
(a) In General.--(1) Chapter 401 of title 10, United States Code, is
amended by inserting after section 4302 the following new section:
``Sec. 4303. Army Ranger training: instructor staffing; safety
``(a) Levels of Personnel Assigned.--(1) The Secretary of the Army
shall ensure that at all times the number of officers, and the number of
enlisted members, permanently assigned to the Ranger Training Brigade
(or other organizational element of the Army primarily responsible for
Ranger student training) are not less than 90 percent of the required
manning spaces for officers, and for enlisted members, respectively, for
that brigade.
``(2) In this subsection, the term `required manning spaces' means
the number of personnel spaces for officers, and the number of personnel
spaces for enlisted members, that are designated in Army authorization
documents as the number required to accomplish the missions of a
particular unit or organization.
``(b) Training Safety Cells.--(1) The Secretary of the Army shall
establish and maintain an organizational entity known as a `safety cell'
as part of the organizational elements of the Army responsible for
conducting each of the three major phases of the Ranger Course. The
safety cell in each different geographic area of Ranger Course training
shall be comprised of personnel who have sufficient continuity and
experience in that geographic area of such training to be knowledgeable
of the local conditions year-round, including conditions of terrain,
weather, water, and climate and other conditions and the potential
effect on those conditions on Ranger student training and safety.
``(2) Members of each safety cell shall be assigned in sufficient
numbers to serve as advisers to the officers in charge of the major
[[Page 110 STAT. 324]]
phase of Ranger training and shall assist those officers in making
informed daily `go' and `no-go' decisions regarding training in light of
all relevant conditions, including conditions of terrain, weather,
water, and climate and other conditions.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 4302 the
following new item:
``4303. Army Ranger training: instructor staffing; safety.''.
(b) <<NOTE: 10 USC 4303 note.>> Accomplishment of Required Manning
Levels.--(1) If, as of the date of the enactment of this Act, the number
of officers, and the number of enlisted members, permanently assigned to
the Army Ranger Training Brigade are not each at (or above) the
requirement specified in subsection (a) of section 4303 of title 10,
United States Code, as added by subsection (a), the Secretary of the
Army shall--
(A) take such steps as necessary to accomplish that
requirement within 12 months after such date of enactment; and
(B) submit to Congress, not later than 90 days after such
date of enactment, a plan to achieve and maintain that
requirement.
(2) The requirement specified in subsection (a) of section 4303 of
title 10, United States Code, as added by subsection (a), shall expire
two years after the date (on or after the date of the enactment of this
Act) on which the required manning levels referred to in paragraph (1)
are first attained.
(c) <<NOTE: Reports.>> GAO Assessment.--(1) Not later than one year
after the date of the enactment of this Act, the Comptroller General
shall submit to Congress a report providing a preliminary assessment of
the implementation and effectiveness of all corrective actions taken by
the Army as a result of the February 1995 accident at the Florida Ranger
Training Camp, including an evaluation of the implementation of the
required manning levels established by subsection (a) of section 4303 of
title 10, United States Code, as added by subsection (a).
(2) At the end of the two-year period specified in subsection
(b)(2), the Comptroller General shall submit to Congress a report
providing a final assessment of the matters covered in the preliminary
report under paragraph (1). The report shall include the Comptroller
General's recommendation as to the need to continue required statutory
manning levels as specified in subsection (a) of section 4303 of title
10, United States Code, as added by subsection (a).
(d) Sense of Congress.--In light of requirement that particularly
dangerous training activities (such as Ranger training, Search, Evasion,
Rescue, and Escape (SERE) training, SEAL training, and Airborne
training) must be adequately manned and resourced to ensure safety and
effective oversight, it is the sense of Congress--
(1) that the Secretary of Defense, in conjunction with the
Secretaries of the military departments, should review and, if
necessary, enhance oversight of all such training activities;
and
(2) that organizations similar to the safety cells required
to be established for Army Ranger training in section 4303 of
title 10, United States Code, as added by subsection (a), should
(when appropriate) be used for all such training activities.
[[Page 110 STAT. 325]]
SEC. 563. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT.
(a) Separation.--(1)(A) Chapter 59 of title 10, United States Code,
is amended by inserting after section 1166 the following new section:
``Sec. 1167. Members under confinement by sentence of court-
martial: separation after six months
confinement
``Except as otherwise provided in regulations prescribed by the
Secretary of Defense, a member sentenced by a court-martial to a period
of confinement for more than six months may be separated from the
member's armed force at any time after the sentence to confinement has
become final under chapter 47 of this title and the person has served in
confinement for a period of six months.''.
(B) The table of sections at the beginning of chapter 59 of such
title is amended by inserting after the item relating to section 1166
the following new item:
``1167. Members under confinement by sentence of court-martial:
separation after six months confinement.''.
(2)(A) Chapter 1221 of title 10, United States Code, is amended by
adding at the end the following:
``Sec. 12687. Reserves under confinement by sentence of court-
martial: separation after six months
confinement
``Except as otherwise provided in regulations prescribed by the
Secretary of Defense, a Reserve sentenced by a court-martial to a period
of confinement for more than six months may be separated from that
Reserve's armed force at any time after the sentence to confinement has
become final under chapter 47 of this title and the Reserve has served
in confinement for a period of six months.''.
(B) The table of sections at the beginning of chapter 1221 of such
title is amended by inserting at the end thereof the following new item:
``12687. Reserves under confinement by sentence of court-martial:
separation after six months confinement.''.
(b) Drop From Rolls.--(1) Section 1161(b) of title 10, United States
Code, is amended by striking out ``or (2)'' and inserting in lieu
thereof ``(2) who may be separated under section 1178 of this title by
reason of a sentence to confinement adjudged by a court-martial, or
(3)''.
(2) Section 12684 of such title is amended--
(A) by striking out ``or'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) who may be separated under section 12687 of this title
by reason of a sentence to confinement adjudged by a court-
martial; or''.
SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 129b the following new section:
[[Page 110 STAT. 326]]
``Sec. 129c. Medical personnel: limitations on reductions
``(a) Limitation on Reduction.--For any fiscal year, the Secretary
of Defense may not make a reduction in the number of medical personnel
of the Department of Defense described in subsection (b) unless the
Secretary makes a certification for that fiscal year described in
subsection (c).
``(b) Covered Reductions.--Subsection (a) applies to a reduction in
the number of medical personnel of the Department of Defense as of the
end of a fiscal year to a number that is less than--
``(1) 95 percent of the number of such personnel at the end
of the immediately preceding fiscal year; or
``(2) 90 percent of the number of such personnel at the end
of the third fiscal year preceding the fiscal year.
``(c) Certification.--A certification referred to in subsection (a)
with respect to reductions in medical personnel of the Department of
Defense for any fiscal year is a certification by the Secretary of
Defense to Congress that--
``(1) the number of medical personnel being reduced is
excess to the current and projected needs of the Department of
Defense; and
``(2) such reduction will not result in an increase in the
cost of health care services provided under the Civilian Health
and Medical Program of the Uniformed Services under chapter 55
of this title.
``(d) Policy for Implementing Reductions.--Whenever the Secretary of
Defense directs that there be a reduction in the total number of
military medical personnel of the Department of Defense, the Secretary
shall require that the reduction be carried out so as to ensure that the
reduction is not exclusively or disproportionately borne by any one of
the armed forces and is not exclusively or disproportionately borne by
either the active or the reserve components.
``(e) Definition.--In this section, the term `medical personnel'
means--
``(1) the members of the armed forces covered by the term
`medical personnel' as defined in section 115a(g)(2) of this
title; and
``(2) the civilian personnel of the Department of Defense
assigned to military medical facilities.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 129b the
following new item:
``129c. Medical personnel: limitations on reductions.''.
(b) <<NOTE: 10 USC 129c note.>> Special Transition Rule for Fiscal
Year 1996.--For purposes of applying subsection (b)(1) of section 129c
of title 10, United States Code, as added by subsection (a), during
fiscal year 1996, the number against which the percentage limitation of
95 percent is computed shall be the number of medical personnel of the
Department of Defense as of the end of fiscal year 1994 (rather than the
number as of the end of fiscal year 1995).
(c) Report on Planned Reductions.--(1) Not later than March 1, 1996,
the Secretary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the House of
Representatives a plan for the reduction
[[Page 110 STAT. 327]]
of the number of medical personnel of the Department of Defense over the
five-year period beginning on October 1, 1996.
(2) The Secretary shall prepare the plan through the Assistant
Secretary of Defense having responsibility for health affairs, who shall
consult in the preparation of the plan with the Surgeon General of the
Army, the Surgeon General of the Navy, and the Surgeon General of the
Air Force.
(3) For purposes of this subsection, the term ``medical personnel of
the Department of Defense'' shall have the meaning given the term
``medical personnel'' in section 129c(e) of title 10, United States
Code, as added by subsection (a).
(d) Repeal of Superseded Provisions of Law.--The following
provisions of law are repealed:
(1) Section 711 of the National Defense Authorization Act
for Fiscal Year 1991 (10 U.S.C. 115 note).
(2) Subsection (b) of section 718 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 10 U.S.C. 115 note).
(3) Section 518 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 12001 note).
SEC. 565. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES.
(a) Findings.--Congress makes the following findings:
(1) Excessively high personnel tempo rates for members of
the Armed Forces resulting from high-tempo unit operations
degrades unit readiness and morale and eventually can be
expected to adversely affect unit retention.
(2) The Armed Forces have begun to develop methods to
measure and manage personnel tempo rates.
(3) The Armed Forces have attempted to reduce operations and
personnel tempo for heavily tasked units by employing
alternative capabilities and reducing tasking requirements.
(b) Sense of Congress.--The Secretary of Defense should continue to
enhance the knowledge within the Armed Forces of personnel tempo and to
improve the techniques by which personnel tempo is defined and managed
with a view toward establishing and achieving reasonable personnel tempo
standards for all personnel, regardless of service, unit, or assignment.
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS
OF COMMISSIONED CORPS OF NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of the Act of
August 10, 1956 (33 U.S.C. 857a), is amended by adding at the end the
following new paragraph:
``(15) Section 1174a, special separation benefits (except
that benefits under subsection (b)(2)(B) of such section are
subject to the availability of appropriations for such purpose
and are provided at the discretion of the Secretary of
Commerce).''.
(b) Technical Corrections.--Such section is further
amended--
(1) by striking out ``Coast and Geodetic Survey'' in
subsections (a) and (b) and inserting in lieu thereof
``commissioned officer corps of the National Oceanic and
Atmospheric Administration''; and
[[Page 110 STAT. 328]]
(2) in subsection (a), by striking out ``including changes
in those rules made after the effective date of this Act'' in
the matter preceding paragraph (1) and inserting in lieu thereof
``as those provisions are in effect from time to time''.
(c) <<NOTE: 10 USC 1293 note.>> Temporary Early Retirement
Authority.--Section 4403 (other than subsection (f)) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the commissioned officer
corps of the National Oceanic and Atmospheric Administration in the same
manner and to the same extent as that section applies to the Department
of Defense. The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps and shall
apply the provisions of that section to the provisions of the Coast and
Geodetic Survey Commissioned Officers' Act of 1948 relating to the
retirement of members of such commissioned officer corps.
(d) <<NOTE: 33 USC 857a note.>> Effective Date.--This section shall
apply only to members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated after September
30, 1995.
SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE
HIV-1 VIRUS.
(a) In General.--(1) Section 1177 of title 10, United States Code,
is amended to read as follows:
``Sec. 1177. Members infected with HIV-1 virus: mandatory
discharge or retirement
``(a) Mandatory Separation.--A member of the armed forces who is
HIV-positive shall be separated. Such separation shall be made on a date
determined by the Secretary concerned, which shall be as soon as
practicable after the date on which the determination is made that the
member is HIV-positive and not later than the last day of the sixth
month beginning after such date.
``(b) Form of Separation.--If a member to be separated under this
section is eligible to retire under any provision of law or to be
transferred to the Fleet Reserve or Fleet Marine Corps Reserve, the
member shall be so retired or so transferred. Otherwise, the member
shall be discharged. The characterization of the service of the member
shall be determined without regard to the determination that the member
is HIV-positive.
``(c) Deferral of Separation for Members in 18-Year Retirement
Sanctuary.--In the case of a member to be discharged under this section
who on the date on which the member is to be discharged is within two
years of qualifying for retirement under any provision of law, or of
qualifying for transfer to the Fleet Reserve or Fleet Marine Corps
Reserve under section 6330 of this title, the member may, as determined
by the Secretary concerned, be retained on active duty until the member
is qualified for retirement or transfer to the Fleet Reserve or Fleet
Marine Corps Reserve, as the case may be, and then be so retired or
transferred, unless the member is sooner retired or discharged under any
other provision of law.
``(d) Separation To Be Considered Involuntary.--A separation under
this section shall be considered to be an involuntary separation for
purposes of any other provision of law.
[[Page 110 STAT. 329]]
``(e) Entitlement to Health Care.--A member separated under this
section shall be entitled to medical and dental care under chapter 55 of
this title to the same extent and under the same conditions as a person
who is entitled to such care under section 1074(b) of this title.
``(f) Counseling About Available Medical Care.--A member to be
separated under this section shall be provided information, in writing,
before such separation of the available medical care (through the
Department of Veterans Affairs and otherwise) to treat the member's
condition. Such information shall include identification of specific
medical locations near the member's home of record or point of discharge
at which the member may seek necessary medical care.
``(g) HIV-Positive Members.--A member shall be considered to be HIV-
positive for purposes of this section if there is serologic evidence
that the member is infected with the virus known as Human
Immunodeficiency Virus-1 (HIV-1), the virus most commonly associated
with the acquired immune deficiency syndrome (AIDS) in the United
States. Such serologic evidence shall be considered to exist if there is
a reactive result given by an enzyme-linked immunosorbent assay (ELISA)
serologic test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate samples. Any
such serologic test must be one that is approved by the Food and Drug
Administration.''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 59 of such title is amended to read as follows:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) <<NOTE: 10 USC 1177 note.>> Effective Date.--Section 1177 of
title 10, United States Code, as amended by subsection (a), applies with
respect to members of the Armed Forces determined to be HIV-positive
before, on, or after the date of the enactment of this Act. In the case
of a member of the Armed Forces determined to be HIV-positive before
such date, the deadline for separation of the member under subsection
(a) of such section, as so amended, shall be determined from the date of
the enactment of this Act (rather than from the date of such
determination).
SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND
MILITARY CHILD CARE ACT.
(a) In General.--(1) Subtitle A of title 10, United States Code, is
amended by inserting after chapter 87 the following new chapter:
``CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
``Subchapter Sec.
Military Family Programs 1781
Military Child Care 1791
``SUBCHAPTER I--MILITARY FAMILY PROGRAMS
``Sec.
``1781. Office of Family Policy.
``1782. Surveys of military families.
``1783. Family members serving on advisory committees.
``1784. Employment opportunities for military spouses.
``1785. Youth sponsorship program.
[[Page 110 STAT. 330]]
``1786. Dependent student travel within the United States.
``1787. Reporting of child abuse.
``Sec. 1781. Office of Family Policy
``(a) Establishment.--There is in the Office of the Secretary of
Defense an Office of Family Policy (hereinafter in this section referred
to as the `Office'). The Office shall be under the Assistant Secretary
of Defense for Force Management and Personnel.
``(b) Duties.--The Office--
``(1) shall coordinate programs and activities of the
military departments to the extent that they relate to military
families; and
``(2) shall make recommendations to the Secretaries of the
military departments with respect to programs and policies
regarding military families.
``(c) Staff.--The Office shall have not less than five professional
staff members.
``Sec. 1782. Surveys of military families
``(a) Authority.--The Secretary of Defense may conduct surveys of
members of the armed forces on active duty or in an active status,
members of the families of such members, and retired members of the
armed forces to determine the effectiveness of Federal programs relating
to military families and the need for new programs.
``(b) Responses To Be Voluntary.--Responses to surveys conducted
under this section shall be voluntary.
``(c) Federal Recordkeeping Requirements.--With respect to such
surveys, family members of members of the armed forces and reserve and
retired members of the armed forces shall be considered to be employees
of the United States for purposes of section 3502(3)(A)(i) of title 44.
``Sec. 1783. Family members serving on advisory committees
``A committee within the Department of Defense which advises or
assists the Department in the performance of any function which affects
members of military families and which includes members of military
families in its membership shall not be considered an advisory committee
under section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)
solely because of such membership.
``Sec. 1784. Employment opportunities for military spouses
``(a) <<NOTE: President.>> Authority.--The President shall order
such measures as the President considers necessary to increase
employment opportunities for spouses of members of the armed forces.
Such measures may include--
``(1) excepting, pursuant to section 3302 of title 5, from
the competitive service positions in the Department of Defense
located outside of the United States to provide employment
opportunities for qualified spouses of members of the armed
forces in the same geographical area as the permanent duty
station of the members; and
``(2) providing preference in hiring for positions in
nonappropriated fund activities to qualified spouses of members
of the armed forces stationed in the same geographical area as
the nonappropriated fund activity for positions in wage grade
UA-8 and below and equivalent positions and for positions paid
at hourly rates.
[[Page 110 STAT. 331]]
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations--
``(1) to implement such measures as the President orders
under subsection (a);
``(2) to provide preference to qualified spouses of members
of the armed forces in hiring for any civilian position in the
Department of Defense if the spouse is among persons determined
to be best qualified for the position and if the position is
located in the same geographical area as the permanent duty
station of the member;
``(3) to ensure that notice of any vacant position in the
Department of Defense is provided in a manner reasonably
designed to reach spouses of members of the armed forces whose
permanent duty stations are in the same geographic area as the
area in which the position is located; and
``(4) to ensure that the spouse of a member of the armed
forces who applies for a vacant position in the Department of
Defense shall, to the extent practicable, be considered for any
such position located in the same geographic area as the
permanent duty station of the member.
``(c) Status of Preference Eligibles.--Nothing in this section shall
be construed to provide a spouse of a member of the armed forces with
preference in hiring over an individual who is a preference eligible.
``Sec. 1785. Youth sponsorship program
``(a) Requirement.--The Secretary of Defense shall require that
there be at each military installation a youth sponsorship program to
facilitate the integration of dependent children of members of the armed
forces into new surroundings when moving to that military installation
as a result of a parent's permanent change of station.
``(b) Description of Programs.--The program at each installation
shall provide for involvement of dependent children of members presently
stationed at the military installation and shall be directed primarily
toward children in their preteen and teenage years.
``Sec. 1786. Dependent student travel within the United States
``Funds available to the Department of Defense for the travel and
transportation of dependent students of members of the armed forces
stationed overseas may be obligated for transportation allowances for
travel within or between the contiguous States.
``Sec. 1787. Reporting of child abuse
``(a) In General.--The Secretary of Defense shall request each State
to provide for the reporting to the Secretary of any report the State
receives of known or suspected instances of child abuse and neglect in
which the person having care of the child is a member of the armed
forces (or the spouse of the member).
``(b) Definition.--In this section, the term `child abuse and
neglect' has the meaning provided in section 3(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5102).
``SUBCHAPTER II--MILITARY CHILD CARE
``Sec.
``1791. Funding for military child care.
``1792. Child care employees.
[[Page 110 STAT. 332]]
``1793. Parent fees.
``1794. Child abuse prevention and safety at facilities.
``1795. Parent partnerships with child development centers.
``1796. Subsidies for family home day care.
``1797. Early childhood education program.
``1798. Definitions.
``Sec. 1791. Funding for military child care
``It is the policy of Congress that the amount of appropriated funds
available during a fiscal year for operating expenses for military child
development centers and programs shall be not less than the amount of
child care fee receipts that are estimated to be received by the
Department of Defense during that fiscal year.
``Sec. 1792. Child care employees
``(a) <<NOTE: Regulations.>> Required Training.--(1) The Secretary
of Defense shall prescribe regulations implementing, a training program
for child care employees. Those regulations shall apply uniformly among
the military departments. Subject to paragraph (2), satisfactory
completion of the training program shall be a condition of employment of
any person as a child care employee.
``(2) Under those regulations, the Secretary shall require that each
child care employee complete the training program not later than six
months after the date on which the employee is employed as a child care
employee.
``(3) The training program established under this subsection shall
cover, at a minimum, training in the following:
``(A) Early childhood development.
``(B) Activities and disciplinary techniques appropriate to
children of different ages.
``(C) Child abuse prevention and detection.
``(D) Cardiopulmonary resuscitation and other emergency
medical procedures.
``(b) Training and Curriculum Specialists.--(1) The Secretary of
Defense shall require that at least one employee at each military child
development center be a specialist in training and curriculum
development. The Secretary shall ensure that such employees have
appropriate credentials and experience.
``(2) The duties of such employees shall include the following:
``(A) Special teaching activities at the center.
``(B) Daily oversight and instruction of other child care
employees at the center.
``(C) Daily assistance in the preparation of lesson plans.
``(D) Assistance in the center's child abuse prevention and
detection program.
``(E) Advising the director of the center on the performance
of other child care employees.
``(3) Each employee referred to in paragraph (1) shall be an
employee in a competitive service position.
``(c) Competitive Rates of Pay.--For the purpose of providing
military child development centers with a qualified and stable civilian
workforce, employees at a military installation who are directly
involved in providing child care and are paid from nonappropriated
funds--
``(1) in the case of entry-level employees, shall be paid at
rates of pay competitive with the rates of pay paid to other
entry-level employees at that installation who are drawn from
the same labor pool; and
[[Page 110 STAT. 333]]
``(2) in the case of other employees, shall be paid at rates
of pay substantially equivalent to the rates of pay paid to
other employees at that installation with similar training,
seniority, and experience.
``(d) Employment Preference Program for Military Spouses.--(1) The
Secretary of Defense shall conduct a program under which qualified
spouses of members of the armed forces shall be given a preference in
hiring for the position of child care employee in a position paid from
nonappropriated funds if the spouse is among persons determined to be
best qualified for the position.
``(2) A spouse who is provided a preference under this subsection at
a military child development center may not be precluded from obtaining
another preference, in accordance with section 1794 of this title, in
the same geographic area as the military child development center.
``(e) Competitive Service Position Defined.--In this section, the
term `competitive service position' means a position in the competitive
service, as defined in section 2102(a)(1) of title 5.
``Sec. 1793. Parent fees
``(a) <<NOTE: Regulations.>> In General.--The Secretary of Defense
shall prescribe regulations establishing fees to be charged parents for
the attendance of children at military child development centers. Those
regulations shall be uniform for the military departments and shall
require that, in the case of children who attend the centers on a
regular basis, the fees shall be based on family income.
``(b) Local Waiver Authority.--The Secretary of Defense may provide
authority to installation commanders, on a case-by-case basis, to
establish fees for attendance of children at child development centers
at rates lower than those prescribed under subsection (a) if the rates
prescribed under subsection (a) are not competitive with rates at local
non-military child development centers.
``Sec. 1794. Child abuse prevention and safety at facilities
``(a) Child Abuse Task Force.--The Secretary of Defense shall
maintain a special task force to respond to allegations of widespread
child abuse at a military installation. The task force shall be composed
of personnel from appropriate disciplines, including, where appropriate,
medicine, psychology, and childhood development. In the case of such
allegations, the task force shall provide assistance to the commander of
the installation, and to parents at the installation, in helping them to
deal with such allegations.
``(b) National Hotline.--(1) The Secretary of Defense shall maintain
a national telephone number for persons to use to report suspected child
abuse or safety violations at a military child development center or
family home day care site. The Secretary shall ensure that such reports
may be made anonymously if so desired by the person making the report.
The Secretary shall establish procedures for following up on complaints
and information received over that number.
``(2) <<NOTE: Public information.>> The Secretary shall publicize
the existence of the number.
``(c) <<NOTE: Regulations.>> Assistance From Local Authorities.--The
Secretary of Defense shall prescribe regulations requiring that, in a
case of allegations of child abuse at a military child development
center or family home day care site, the commander of the military
installation or the head of the task force established under sub
[[Page 110 STAT. 334]]
section (a) shall seek the assistance of local child protective
authorities if such assistance is available.
``(d) Safety Regulations.--The Secretary of Defense shall prescribe
regulations on safety and operating procedures at military child
development centers. Those regulations shall apply uniformly among the
military departments.
``(e) Inspections.--The Secretary of Defense shall require that each
military child development center be inspected not less often than four
times a year. Each such inspection shall be unannounced. At least one
inspection a year shall be carried out by a representative of the
installation served by the center, and one inspection a year shall be
carried out by a representative of the major command under which that
installation operates.
``(f) Remedies for Violations.--(1) Except as provided in paragraph
(2), any violation of a safety, health, or child welfare law or
regulation (discovered at an inspection or otherwise) at a military
child development center shall be remedied immediately.
``(2) In the case of a violation that is not life threatening, the
commander of the major command under which the installation concerned
operates may waive the requirement that the violation be remedied
immediately for a period of up to 90 days beginning on the date of the
discovery of the violation. If the violation is not remedied as of the
end of that 90-day period, the military child development center shall
be closed until the violation is remedied. The Secretary of the military
department concerned may waive the preceding sentence and authorize the
center to remain open in a case in which the violation cannot reasonably
be remedied within that 90-day period or in which major facility
reconstruction is required.
``Sec. 1795. Parent partnerships with child development centers
``(a) Parent Boards.--The Secretary of Defense shall require that
there be established at each military child development center a board
of parents, to be composed of parents of children attending the center.
The board shall meet periodically with staff of the center and the
commander of the installation served by the center for the purpose of
discussing problems and concerns. The board, together with the staff of
the center, shall be responsible for coordinating the parent
participation program described in subsection (b).
``(b) Parent Participation Programs.--The Secretary of Defense shall
require the establishment of a parent participation program at each
military child development center. As part of such program, the
Secretary of Defense may establish fees for attendance of children at
such a center, in the case of parents who participate in the parent
participation program at that center, at rates lower than the rates that
otherwise apply.
``Sec. 1796. Subsidies for family home day care
``The Secretary of Defense may use appropriated funds available for
military child care purposes to provide assistance to family home day
care providers so that family home day care services can be provided to
members of the armed forces at a cost comparable to the cost of services
provided by military child development
centers. <<NOTE: Regulations.>> The Secretary shall prescribe
regulations for the provision of such assistance.
[[Page 110 STAT. 335]]
``Sec. 1797. Early childhood education program
``The Secretary of Defense shall require that all military child
development centers meet standards of operation necessary for
accreditation by an appropriate national early childhood programs
accrediting body.
``Sec. 1798. Definitions
``In this subchapter:
``(1) The term `military child development center' means a
facility on a military installation (or on property under the
jurisdiction of the commander of a military installation) at
which child care services are provided for members of the armed
forces or any other facility at which such child care services
are provided that is operated by the Secretary of a military
department.
``(2) The term `family home day care' means home-based child
care services that are provided for members of the armed forces
by an individual who (A) is certified by the Secretary of the
military department concerned as qualified to provide those
services, and (B) provides those services on a regular basis for
compensation.
``(3) The term `child care employee' means a civilian
employee of the Department of Defense who is employed to work in
a military child development center (regardless of whether the
employee is paid from appropriated funds or nonappropriated
funds).
``(4) The term `child care fee receipts' means those
nonappropriated funds that are derived from fees paid by members
of the armed forces for child care services provided at military
child development centers.''.
(2) The tables of chapters at the beginning of subtitle A, and at
the beginning of part II of subtitle A, of title 10, United States Code,
are amended by inserting after the item relating to chapter 87 the
following new item:
``88. Military Family Programs and Military Child Care...........1781''.
(b) Report on Five-Year Demand for Child Care.--(1) Not later than
the date of the submission of the budget for fiscal year 1997 pursuant
to section 1105 of title 31, United States Code, the Secretary of
Defense shall submit to Congress a report on the expected demand for
child care by military and civilian personnel of the Department of
Defense during fiscal years 1997 through 2001.
(2) The report shall include--
(A) a plan for meeting the expected child care demand
identified in the report; and
(B) an estimate of the cost of implementing that plan.
(3) The report shall also include a description of methods for
monitoring family home day care programs of the military
departments.
(c) <<NOTE: 10 USC 1787 note.>> Plan for Implementation of
Accreditation Requirement.--The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a plan for carrying out the
requirements of section 1787 of title 10, United States Code, as added
by subsection (a). The plan shall be submitted not later than April 1,
1997.
[[Page 110 STAT. 336]]
(d) <<NOTE: 10 USC 1784 note.>> Continuation of Delegation of
Authority With Respect to Hiring Preference for Qualified Military
Spouses.--The provisions of Executive Order No. 12568, issued October 2,
1986 (10 U.S.C. 113 note), shall apply as if the reference in that
Executive order to section 806(a)(2) of the Department of Defense
Authorization Act of 1986 refers to section 1784 of title 10, United
States Code, as added by subsection (a).
(e) Repealer.--The following provisions of law are repealed:
(1) The Military Family Act of 1985 (title VIII of Public
Law 99-145; 10 U.S.C. 113 note).
(2) The Military Child Care Act of 1989 (title XV of Public
Law 101-189; 10 U.S.C. 113 note).
SEC. 569. <<NOTE: 10 USC 1501 note.>> DETERMINATION OF
WHEREABOUTS AND STATUS OF MISSING PERSONS.
(a) Purpose.--The purpose of this section is to ensure that any
member of the Armed Forces (and any Department of Defense civilian
employee or contractor employee who serves with or accompanies the Armed
Forces in the field under orders) who becomes missing or unaccounted for
is ultimately accounted for by the United States and, as a general rule,
is not declared dead solely because of the passage of time.
(b) In General.--(1) Part II of subtitle A of title 10, United
States Code, is amended by inserting after chapter 75 the following new
chapter:
``CHAPTER 76--MISSING PERSONS
``Sec.
``1501. System for accounting for missing persons.
``1502. Missing persons: initial report.
``1503. Actions of Secretary concerned; initial board inquiry.
``1504. Subsequent board of inquiry.
``1505. Further review.
``1506. Personnel files.
``1507. Recommendation of status of death.
``1508. Judicial review.
``1509. Preenactment, special interest cases.
``1510. Applicability to Coast Guard.
``1511. Return alive of person declared missing or dead.
``1512. Effect on State law.
``1513. Definitions.
``Sec. 1501. System for accounting for missing persons
``(a) Office for Missing Personnel.--
(1) <<NOTE: Establishment.>> The Secretary of Defense shall establish
within the Office of the Secretary of Defense an office to have
responsibility for Department of Defense policy relating to missing
persons. Subject to the authority, direction, and control of the
Secretary of Defense, the responsibilities of the office shall include--
``(A) policy, control, and oversight within the Department
of Defense of the entire process for investigation and recovery
related to missing persons (including matters related to search,
rescue, escape, and evasion); and
``(B) coordination for the Department of Defense with other
departments and agencies of the United States on all matters
concerning missing persons.
``(2) In carrying out the responsibilities of the office established
under this subsection, the head of the office shall be responsible for
the coordination for such purposes within the Department of
[[Page 110 STAT. 337]]
Defense among the military departments, the Joint Staff, and the
commanders of the combatant commands.
``(3) The office shall establish policies, which shall apply
uniformly throughout the Department of Defense, for personnel recovery
(including search, rescue, escape, and evasion).
``(4) The office shall establish procedures to be followed by
Department of Defense boards of inquiry, and by officials reviewing the
reports of such boards, under this chapter.
``(b) Uniform DoD Procedures.--(1) The Secretary of Defense shall
prescribe procedures, to apply uniformly throughout the Department of
Defense, for--
``(A) the determination of the status of persons described
in subsection (c); and
``(B) for the systematic, comprehensive, and timely
collection, analysis, review, dissemination, and periodic update
of information related to such persons.
``(2) Such procedures may provide for the delegation by the
Secretary of Defense of any responsibility of the Secretary under this
chapter to the Secretary of a military department.
``(3) Such procedures shall be prescribed in a single directive
applicable to all elements of the Department of Defense.
``(4) As part of such procedures, the Secretary may provide for the
extension, on a case-by-case basis, of any time limit specified in
section 1502, 1503, or 1504 of this title. Any such extension may not be
for a period in excess of the period with respect to which the extension
is provided. Subsequent extensions may be provided on the same basis.
``(c) Covered Persons.--Section 1502 of this title applies in the
case of the following persons:
``(1) Any member of the armed forces on active duty who
becomes involuntarily absent as a result of a hostile action, or
under circumstances suggesting that the involuntary absence is a
result of a hostile action, and whose status is undetermined or
who is unaccounted for.
``(2) Any civilian employee of the Department of Defense,
and any employee of a contractor of the Department of Defense,
who serves with or accompanies the armed forces in the field
under orders who becomes involuntarily absent as a result of a
hostile action, or under circumstances suggesting that the
involuntary absence is a result of a hostile action, and whose
status is undetermined or who is unaccounted for.
``(d) Primary Next of Kin.--The individual who is primary next of
kin of any person prescribed in subsection (c) may for purposes of this
chapter designate another individual to act on behalf of that individual
as primary next of kin. The Secretary concerned shall treat an
individual so designated as if the individual designated were the
primary next of kin for purposes of this chapter. A designation under
this subsection may be revoked at any time by the person who made the
designation.
``(e) Termination of Applicability of Procedures When Missing Person
Is Accounted for.--The provisions
of this chapter relating to boards of inquiry and to the actions by the
Secretary concerned on the reports of those boards shall cease to apply
in the case of a missing person upon the person becoming accounted for
or otherwise being determined to be in a status other than missing.
[[Page 110 STAT. 338]]
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian employee of the
Department of Defense or contractor of the Department of Defense, the
Secretary of the military department or head of the element of the
Department of Defense employing the employee or contracting with the
contractor, as the case may be.
``Sec. 1502. Missing persons: initial report
``(a) Preliminary Assessment and Recommendation by Commander.--After
receiving information that the whereabouts and status of a person
described in section 1501(c) of this title is uncertain and that the
absence of the person may be involuntary, the commander of the unit,
facility, or area to or in which the person is assigned shall make a
preliminary assessment of the circumstances. If, as a result of that
assessment, the commander concludes that the person is missing, the
commander shall--
``(1) recommend that the person be placed in a missing
status; and
``(2) not later than 48 hours after receiving such
information, transmit a report containing that recommendation to
the theater component commander with jurisdiction over the
missing person in accordance with procedures prescribed under
section 1501(b) of this title.
``(b) Transmission Through Theater Component Commander.--Upon
reviewing a report under subsection (a) recommending that a person be
placed in a missing status, the theater component commander shall ensure
that all necessary actions are being taken, and all appropriate assets
are being used, to resolve the status of the missing person. Not later
than 14 days after receiving the report, the theater component commander
shall forward the report to the Secretary of Defense or the Secretary
concerned in accordance with procedures prescribed under section 1501(b)
of this title. The theater component commander shall include with such
report a certification that all necessary actions are being taken, and
all appropriate assets are being used, to resolve the status of the
missing person.
``(c) Safeguarding and Forwarding of Records.--A commander making a
preliminary assessment under subsection (a) with respect to a missing
person shall (in accordance with procedures prescribed under section
1501 of this title) safeguard and forward for official use any
information relating to the whereabouts and status of the missing person
that results from the preliminary assessment or from actions taken to
locate the person. The theater component commander through whom the
report with respect to the missing person is transmitted under
subsection (b) shall ensure that all pertinent information relating to
the whereabouts and status of the missing person that results from the
preliminary assessment or from actions taken to locate the person is
properly safeguarded to avoid loss, damage, or modification.
``Sec. 1503. Actions of Secretary concerned; initial board inquiry
``(a) Determination by Secretary.--