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104th Congress 1st
Session HOUSE OF REPRESENTATIVES Report
104-406
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
----------
CONFERENCE REPORT
to accompany
H.R. 1530
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
December 13, 1995.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
104th Congress 1st HOUSE OF REPRESENTATIVES Report
Session
104-406
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1996
----------
CONFERENCE REPORT
to accompany
H.R. 1530
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
December 13, 1995.--Ordered to be printed
C O N T E N T S
__________
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Page
Title I--Procurement............................................. 554
Funding Explanations......................................... 555
Items of Special Interest.................................... 625
Legislative Provisions....................................... 626
Legislative Provisions Adopted............................... 626
Subtitle A--Authorization of Appropriations.............. 626
Subtitle B--Army Programs................................ 626
Subtitle C--Navy Programs................................ 628
Subtitle D--Air Force Programs........................... 636
Subtitle E--Chemical Demilitarization Program............ 638
Legislative Provisions Not Adopted........................... 640
Title II--Research, Development, Test, and Evaluation............ 642
Funding Explanations......................................... 643
Items of Special Interest.................................... 709
Legislative Provisions....................................... 712
Legislative Provisions Adopted............................... 712
Subtitle A--Authorization of Appropriations.............. 712
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 713
Subtitle C--Ballistic Missile Defense Act of 1995........ 729
Subtitle D--Other Ballistic Missile Defense Provisions... 734
Subtitle E--Miscellaneous Reviews, Studies, and Reports.. 734
Subtitle F--Other Matters................................ 735
Legislative Provisions Not Adopted........................... 738
Title III--Operation and Maintenance............................. 742
Funding Explanations......................................... 743
Items of Special Interest.................................... 767
Legislative Provisions....................................... 772
Legislative Provisions Adopted............................... 772
Subtitle A--Authorization of Appropriations.............. 772
Subtitle B--Depot-Level Activities....................... 773
Subtitle C--Environmental Provisions..................... 775
Subtitle D--Commissaries and Nonappropriated Fund
Instrumentalities...................................... 777
Subtitle E--Performance of Functions by Private-Sector
Sources................................................ 781
Subtitle F--Miscellaneous Reviews, Studies, and Reports.. 783
Subtitle G--Other Matters................................ 784
Legislative Provisions Not Adopted........................... 787
Title IV--Military Personnel Authorizations...................... 794
Items of Special Interest.................................... 794
Legislative Provisions....................................... 794
Legislative Provisions Adopted............................... 794
Subtitle A--Active Forces................................ 794
Subtitle B--Reserve Forces............................... 796
Subtitle C--Military Training Student Loads.............. 798
Subtitle D--Authorization of Appropriations.............. 798
Title V--Military Personnel Policy............................... 798
Items of Special Interest.................................... 798
Legislative Provisions....................................... 799
Legislative Provisions Adopted............................... 799
Subtitle A--Officer Personnel Policy..................... 799
Subtitle B--Matters Relating to Reserve Components....... 802
Subtitle C--Decorations and Awards....................... 804
Subtitle D--Officer Education Programs................... 805
Service Academies.................................... 805
Reserve Officer Training Corps....................... 806
Subtitle E--Miscellaneous Reviews, Studies, and Reports.. 807
Subtitle F--Other Matters................................ 809
Subtitle G--Support for Non-Department of Defense
Activities............................................. 811
Legislative Provisions Not Adopted........................... 813
Title VI--Compensation and Other Personnel Benefits.............. 813
Legislative Provisions....................................... 813
Legislative Provisions Adopted............................... 813
Subtitle A--Pay and Allowances........................... 813
Subtitle B--Bonuses and Special and Incentive Pays....... 815
Subtitle C--Travel and Transportation Allowances......... 817
Subtitle D--Retired Pay, Survivor Benefits, and Related
Matters................................................ 817
Subtitle E--Other Matters................................ 819
Legislative Provisions Not Adopted........................... 820
Title VII--Health Care Provisions................................ 821
Items of Special Interest.................................... 821
Legislative Provisions....................................... 821
Legislative Provisions Adopted............................... 821
Subtitle A--Health Care Services......................... 821
Subtitle B--TRICARE Program.............................. 822
Subtitle C--Uniformed Services Treatment Facilities...... 824
Subtitle D--Other Changes to Existing Laws Regarding
Health Care Management................................. 826
Subtitle E--Other Matters................................ 827
Legislative Provisions Not Adopted........................... 830
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 830
Items of Special Interest.................................... 830
Legislative Provisions....................................... 831
Legislative Provisions Adopted............................... 831
Subtitle A--Acquisition Reform........................... 831
Subtitle B--Other Matters................................ 834
Legislative Provisions Not Adopted........................... 835
Title IX--Department of Defense Organization and Management...... 836
Legislative Provisions....................................... 836
Legislative Provisions Adopted............................... 836
Subtitle A--General Matters.............................. 836
Subtitle B--Financial Management......................... 838
Legislative Provisions Not Adopted........................... 840
Title X--General Provisions...................................... 841
Items of Special Interest.................................... 841
Legislative Provisions....................................... 842
Legislative Provisions Adopted............................... 842
Subtitle A--Financial Matters............................ 842
Subtitle B--Naval Vessels and Shipyards.................. 844
Subtitle C--Counter-Drug Activities...................... 848
Subtitle D--Civilian Personnel........................... 850
Subtitle E--Miscellaneous Reporting Requirements......... 852
Subtitle F--Repeal of Certain Reporting and Other
Requirements and Authorities........................... 853
Subtitle G--Department of Defense Education Programs..... 854
Subtitle H--Other Matters................................ 856
Legislative Provisions Not Adopted........................... 859
Title XI--Uniform Code of Military Justice....................... 862
Legislative Provisions....................................... 862
Legislative Provisions Adopted............................... 862
Subtitle A--Offenses..................................... 862
Subtitle B--Sentences.................................... 862
Subtitle C--Pretrial and Post-Trial Actions.............. 863
Subtitle D--Appellate Matters............................ 864
Subtitle E--Other Matters................................ 865
Legislative Provisions Not Adopted........................... 865
Title XII--Cooperative Threat Reduction With States of Former
Soviet Union................................................... 866
Legislative Provisions....................................... 866
Legislative Provisions Adopted............................... 866
Title XIII--Matters Relating to Other Nations.................... 868
Items of Special Interest.................................... 868
Legislative Provisions....................................... 869
Legislative Provisions Adopted............................... 869
Subtitle A--Peacekeeping Provisions...................... 869
Subtitle B--Humanitarian Assistance Programs............. 870
Subtitle C--Arms Exports and Military Assistance......... 871
Subtitle D--Burdensharing and Other Cooperative
Activities Involving Allies and NATO................... 874
Subtitle E--Other Matters................................ 875
Title XIV--Arms Control Matters.................................. 876
Legislative Provisions....................................... 876
Legislative Provisions Adopted............................... 876
Title XV--Technical and Clerical Amendments...................... 882
Legislative Provisions....................................... 882
Legislative Provisions Adopted............................... 882
Title XVI--Corporation for the Promotion of Rifle Practice and
Firearms Safety................................................ 882
Legislative Provisions....................................... 882
Legislative Provisions Adopted............................... 882
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Title XXI--Army.................................................. 902
Legislative Provisions....................................... 902
Legislative Provisions Adopted............................... 902
Legislative Provisions Not Adopted........................... 903
Title XXII--Navy................................................. 903
Legislative Provisions....................................... 904
Legislative Provisions Adopted............................... 904
Title XXIII--Air Force........................................... 905
Items of Special Interest.................................... 905
Legislative Provisions....................................... 906
Legislative Provisions Adopted............................... 906
Legislative Provisions Not Adopted........................... 906
Title XXIV--Defense Agencies..................................... 906
Legislative Provisions....................................... 907
Legislative Provisions Adopted............................... 907
Legislative Provisions Not Adopted........................... 908
Title XXV--North Atlantic Treaty Organization Infrastructure..... 908
Legislative Provisions....................................... 908
Legislative Provisions Adopted............................... 908
Title XXVI--Guard and Reserve Forces Facilities.................. 909
Legislative Provisions....................................... 909
Legislative Provisions Adopted............................... 909
Title XXVIII--General Provisions................................. 910
Items of Special Interest.................................... 910
Legislative Provisions....................................... 910
Legislative Provisions Adopted............................... 910
Subtitle A--Military Housing Privatization Initiative.... 910
Subtitle B--Other Military Construction Program and
Military Family Housing Changes........................ 911
Subtitle C--Defense Base Closure and Realignment......... 914
Subtitle D--Land Conveyances Generally................... 917
Part I--ARMY CONVEYANCES............................. 917
Part II--NAVY CONVEYANCES............................ 922
Part III--AIR FORCE CONVEYANCES...................... 925
Subtitle E--Land Conveyances Involving Utilities......... 926
Subtitle F--Other Matters................................ 927
Legislative Provisions Not Adopted........................... 929
Title XXIX--Land Conveyances Involving Joliet Army Ammunition
Plant.......................................................... 930
Legislative Provisions....................................... 930
Legislative Provisions Adopted............................... 930
Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie............................. 930
Other Land Conveyances Involving Joliet Army Ammunition
Plant.................................................. 931
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs...... 932
Legislative Provisions....................................... 953
Legislative Provisions Adopted............................... 953
Subtitle A--National Security Programs Authorizations.... 953
Subtitle B--Recurring General Provisions................. 959
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 961
Subtitle D--Other Matters................................ 966
Legislative Provisions Not Adopted........................... 969
Title XXXII--Defense Nuclear Facilities Safety Board............. 971
Legislative Provisions....................................... 971
Legislative Provisions Adopted............................... 971
Title XXXIII--National Defense Stockpile......................... 971
Legislative Provisions....................................... 971
Legislative Provisions Adopted............................... 971
Subtitle A--Authorization of Disposals and Use of Funds.. 971
Subtitle B--Programmatic Change.......................... 972
Legislative Provisions Not Adopted........................... 972
Title XXXIV--Naval Petroleum Reserves............................ 972
Legislative Provisions....................................... 972
Legislative Provisions Adopted............................... 972
Subtitle A--Administration of Naval Petroleum Reserves... 972
Subtitle B--Sale of Naval Petroleum Reserve.............. 973
Title XXXV--Panama Canal Commission.............................. 974
Legislative Provisions....................................... 974
Legislative Provisions Adopted............................... 974
DIVISION D--FEDERAL ACQUISITION REFORM
Title XLI--Competition........................................... 975
Legislative Provisions....................................... 975
Legislative Provisions Adopted............................... 975
Title XLII--Commercial Items..................................... 976
Title XLIII--Additional Reform Provisions........................ 978
Subtitle A--Additional Acquisition Reform Provisions..... 978
Subtitle B--Technical Amendments......................... 981
Title XLIV--Effective Dates and Implementation................... 981
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Title LI--Responsibility for Acquisitions of Information
Technology..................................................... 984
Legislative Provisions....................................... 982
Legislative Provisions Adopted............................... 982
Subtitle A--General Authority............................ 984
Subtitle B--Director of the Office of Management and
Budget................................................. 984
Subtitle C--Executive Agencies........................... 986
Subtitle D--Other Responsibilities....................... 988
Subtitle E--National Security Systems.................... 989
Title LII--Process for Acquisitions of Information Technology.... 989
Title LIII--Information Technology Acquisition Pilot Programs.... 989
Subtitle A--Conduct of Pilot Programs.................... 989
Subtitle B--Specific Pilot Programs...................... 989
Title LIV--Additional Information Resources Management Matters... 990
Title LV--Procurement Protest Authority of the Comptroller
General........................................................ 991
Title LVI--Conforming and Clerical Amendments.................... 991
Title LVII--Effective Date, Savings Provisions, and Rules of
Construction................................................... 991
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-406
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996
_______
December 13, 1995.--Ordered to be printed
_______________________________________________________________________
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 1530]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1530), to authorize appropriations for fiscal year 1996 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year
for the Armed Forces, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 1996''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D--Federal Acquisition Reform.
(5) Division E--Information Technology Management
Reform.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Procurement of OH-58D Armed Kiowa Warrior helicopters.
Sec. 112. Repeal of requirements for armored vehicle upgrades.
Sec. 113. Multiyear procurement of helicopters.
Sec. 114. Report on AH-64D engine upgrades.
Sec. 115. Requirement for use of previously authorized multiyear
procurement authority for Army small arms procurement.
Subtitle C--Navy Programs
Sec. 131. Nuclear attack submarines.
Sec. 132. Research for advanced submarine technology.
Sec. 133. Cost limitation for Seawolf submarine program.
Sec. 134. Repeal of prohibition on backfit of Trident submarines.
Sec. 135. Arleigh Burke class destroyer program.
Sec. 136. Acquisition program for crash attenuating seats.
Sec. 137. T-39N trainer aircraft.
Sec. 138. Pioneer unmanned aerial vehicle program.
Subtitle D--Air Force Programs
Sec. 141. B-2 aircraft program.
Sec. 142. Procurement of B-2 bombers.
Sec. 143. MC-130H aircraft program.
Subtitle E--Chemical Demilitarization Program
Sec. 151. Repeal of requirement to proceed expeditiously with
development of chemical demilitarization cryofracture facility
at Tooele Army Depot, Utah.
Sec. 152. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 153. Administration of chemical demilitarization program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic research and exploratory development.
Sec. 203. Modifications to Strategic Environmental Research and
Development Program.
Sec. 204. Defense dual use technology initiative.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Space launch modernization.
Sec. 212. Tactical manned reconnaissance.
Sec. 213. Joint Advanced Strike Technology (JAST) program.
Sec. 214. Development of laser program.
Sec. 215. Navy mine countermeasures program.
Sec. 216. Space-based infrared system.
Sec. 217. Defense Nuclear Agency programs.
Sec. 218. Counterproliferation support program.
Sec. 219. Nonlethal weapons study.
Sec. 220. Federally funded research and development centers and
university-affiliated research centers.
Sec. 221. Joint seismic program and global seismic network.
Sec. 222. Hydra-70 rocket product improvement program.
Sec. 223. Limitation on obligation of funds until receipt of electronic
combat consolidation master plan.
Sec. 224. Obligation of certain funds delayed until receipt of report on
science and technology rescissions.
Sec. 225. Obligation of certain funds delayed until receipt of report on
reductions in research, development, test, and evaluation.
Sec. 226. Advanced Field Artillery System (Crusader).
Sec. 227. Demilitarization of conventional munitions, rockets, and
explosives.
Sec. 228. 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. National Missile Defense system architecture.
Sec. 236. Policy regarding the ABM Treaty.
Sec. 237. Prohibition on use of funds to implement an international
agreement concerning Theater Missile Defense systems.
Sec. 238. Ballistic Missile Defense cooperation with allies.
Sec. 239. ABM Treaty defined.
Sec. 240. Repeal of Missile Defense Act of 1991.
Subtitle D--Other Ballistic Missile Defense Provisions
Sec. 251. Ballistic Missile Defense program elements.
Sec. 252. Testing of Theater Missile Defense interceptors.
Sec. 253. Repeal of missile defense provisions.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 261. Precision-guided munitions.
Sec. 262. Review of 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.
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. Prohibition on capital lease for Defense Business Management
University.
Sec. 374. Permanent authority for use of proceeds from the sale of
certain lost, abandoned, or unclaimed property.
Sec. 375. Sale of military clothing and subsistence and other supplies
of the Navy and Marine Corps.
Sec. 376. Personnel services and logistical support for certain
activities held on military installations.
Sec. 377. Retention of monetary awards.
Sec. 378. Provision of equipment and facilities to assist in emergency
response actions.
Sec. 379. Report on Department of Defense military and civil defense
preparedness to respond to emergencies resulting from a
chemical, biological, radiological, or nuclear attack.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Temporary variation in DOPMA authorized end strength
limitations for active duty Air Force and Navy officers in
certain grades.
Sec. 403. Certain general and flag officers awaiting retirement not to
be counted.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. Counting of certain active component personnel assigned in
support of reserve component training.
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the Reserves.
Sec. 415. Reserves on active duty in support of cooperative threat
reduction programs not to be counted.
Sec. 416. Reserves on active duty for military-to-military contacts and
comparable activities not to be counted.
Subtitle C--Military Training Student Loads
Sec. 421. Authorization of training student loads.
Subtitle D--Authorization of Appropriations
Sec. 431. Authorization of appropriations for military personnel.
Sec. 432. Authorization for increase in active-duty end strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Joint officer management.
Sec. 502. Retired grade for officers in grades above major general and
rear admiral
Sec. 503. Wearing of insignia for higher grade before promotion.
Sec. 504. Authority to extend transition period for officers selected
for early retirement.
Sec. 505. Army officer manning levels.
Sec. 506. Authority for medical department officers other than
physicians to be appointed as Surgeon General.
Sec. 507. Deputy Judge Advocate General of the Air Force.
Sec. 508. Authority for temporary promotions for certain Navy
lieutenants with critical skills.
Sec. 509. Retirement for years of service of Directors of Admissions of
Military and Air Force academies.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Extension of certain Reserve officer management authorities.
Sec. 512. Mobilization income insurance program for members of Ready
Reserve.
Sec. 513. Military technician full-time support program for Army and Air
Force reserve components.
Sec. 514. Revisions to Army Guard Combat Reform Initiative to include
Army Reserve under certain provisions and make certain
revisions.
Sec. 515. Active duty associate unit responsibility.
Sec. 516. Leave for members of reserve components performing public
safety duty.
Sec. 517. Department of Defense funding for National Guard participation
in joint disaster and emergency assistance exercises.
Subtitle C--Decorations and Awards
Sec. 521. Award of Purple Heart to persons wounded while held as
prisoners of war before April 25, 1962.
Sec. 522. Authority to award decorations recognizing acts of valor
performed in combat during the Vietnam conflict.
Sec. 523. Military intelligence personnel prevented by secrecy from
being considered for decorations and awards.
Sec. 524. Review regarding upgrading of Distinguished-Service Crosses
and Navy Crosses awarded to Asian-Americans and Native
American Pacific Islanders for World War II service.
Sec. 525. Eligibility for Armed Forces Expeditionary Medal based upon
service in El Salvador.
Sec. 526. Procedure for consideration of military decorations not
previously submitted in timely fashion.
Subtitle D--Officer Education Programs
Part I--Service Academies
Sec. 531. Revision of service obligation for graduates of the service
academies.
Sec. 532. Nominations to service academies from Commonwealth of the
Northern Marianas Islands.
Sec. 533. Repeal of requirement for athletic director and
nonappropriated fund account for the athletics programs at the
service academies.
Sec. 534. Repeal of requirement for program to test privatization of
service academy preparatory schools.
Part II--Reserve Officer Training Corps
Sec. 541. ROTC access to campuses.
Sec. 542. ROTC scholarships for the National Guard.
Sec. 543. Delay in reorganization of Army ROTC regional headquarters
structure.
Sec. 544. Duration of field training or practice cruise required under
the Senior ROTC program.
Sec. 545. Active duty officers detailed to ROTC duty at senior military
colleges to serve as Commandant and Assistant Commandant of
Cadets and as tactical officers.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
Sec. 551. Report concerning appropriate forum for judicial review of
Department of Defense personnel actions.
Sec. 552. Comptroller General review of proposed Army end strength
allocations.
Sec. 553. Report on manning status of highly deployable support units.
Sec. 554. Review of system for correction of military records.
Sec. 555. Report on the consistency of reporting of fingerprint cards
and final disposition forms to the Federal Bureau of
Investigation.
Subtitle F--Other Matters
Sec. 561. Equalization of accrual of service credit for officers and
enlisted members.
Sec. 562. Army ranger training.
Sec. 563. Separation in cases involving extended confinement.
Sec. 564. Limitations on reductions in medical personnel.
Sec. 565. Sense of Congress concerning personnel tempo rates.
Sec. 566. Separation benefits during force reduction for officers of
commissioned corps of National Oceanic and Atmospheric
Administration.
Sec. 567. Discharge of members of the Armed Forces who have the HIV-1
virus.
Sec. 568. Revision and codification of Military Family Act and Military
Child Care Act.
Sec. 569. Determination of whereabouts and status of missing persons.
Sec. 570. Associate Director of Central Intelligence for Military
Support.
Subtitle G--Support for Non-Department of Defense Activities
Sec. 571. Repeal of certain civil-military programs.
Sec. 572. Training activities involving support and services for
eligible organizations and activities outside the Department
of Defense.
Sec. 573. National Guard civilian youth opportunities pilot program.
Sec. 574. Termination of funding for Office of Civil-Military Programs
in Office of the Secretary of Defense.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1996.
Sec. 602. Limitation on basic allowance for subsistence for members
residing without dependents in Government quarters.
Sec. 603. Election of basic allowance for quarters instead of assignment
to inadequate quarters.
Sec. 604. Payment of basic allowance for quarters to members in pay
grade E-6 who are assigned to sea duty.
Sec. 605. Limitation on reduction of variable housing allowance for
certain members.
Sec. 606. Clarification of limitation on eligibility for family
separation allowance.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses for reserve forces.
Sec. 612. Extension of certain bonuses and special pay for nurse officer
candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authority relating to payment of other bonuses
and special pays.
Sec. 614. Codification and extension of special pay for critically short
wartime health specialists in the Selected Reserves.
Sec. 615. Hazardous duty incentive pay for warrant officers and enlisted
members serving as air weapons controllers.
Sec. 616. Aviation career incentive pay.
Sec. 617. Clarification of authority to provide special pay for nurses.
Sec. 618. Continuous entitlement to career sea pay for crew members of
ships designated as tenders.
Sec. 619. Increase in maximum rate of special duty assignment pay for
enlisted members serving as recruiters.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Repeal of requirement regarding calculation of allowances on
basis of mileage tables.
Sec. 622. Departure allowances.
Sec. 623. Transportation of nondependent child from member's station
overseas after loss of dependent status while overseas.
Sec. 624. Authorization of dislocation allowance for moves in connection
with base realignments and closures.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Effective date for military retiree cost-of-living adjustments
for fiscal years 1996, 1997, and 1998.
Sec. 632. Denial of non-regular service retired pay for Reserves
receiving certain court-martial sentences.
Sec. 633. Report on payment of annuities for certain military surviving
spouses.
Sec. 634. Payment of back quarters and subsistence allowances to World
War II veterans who served as guerilla fighters in the
Philippines.
Sec. 635. Authority for relief from previous overpayments under minimum
income widows program.
Sec. 636. Transitional compensation for dependents of members of the
Armed Forces separated for dependent abuse.
Subtitle E--Other Matters
Sec. 641. Payment to survivors of deceased members for all leave
accrued.
Sec. 642. Repeal of reporting requirements regarding compensation
matters.
Sec. 643. Recoupment of administrative expenses in garnishment actions.
Sec. 644. Report on extending to junior noncommissioned officers
privileges provided for senior noncommissioned officers.
Sec. 645. Study regarding joint process for determining location of
recruiting stations.
Sec. 646. Automatic maximum coverage under Servicemen's Group Life
Insurance.
Sec. 647. Termination of Servicemen's Group Life Insurance for members
of the Ready Reserve who fail to pay premiums.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Modification of requirements regarding routine physical
examinations and immunizations under CHAMPUS.
Sec. 702. Correction of inequities in medical and dental care and death
and disability benefits for certain Reserves.
Sec. 703. Medical care for surviving dependents of retired Reserves who
die before age 60.
Sec. 704. Medical and dental care for members of the Selected Reserve
assigned to early deploying units of the Army Selected
Reserve.
Sec. 705. Dental insurance for members of the Selected Reserve.
Sec. 706. Permanent authority to carry out specialized treatment
facility program.
Subtitle B--TRICARE Program
Sec. 711. Definition of TRICARE program.
Sec. 712. Priority use of military treatment facilities for persons
enrolled in managed care initiatives.
Sec. 713. Staggered payment of enrollment fees for TRICARE program.
Sec. 714. Requirement of budget neutrality for TRICARE program to be
based on entire program.
Sec. 715. Training in health care management and administration for
TRICARE lead agents.
Sec. 716. Pilot program of individualized residential mental health
services.
Sec. 717. Evaluation and report on TRICARE program effectiveness.
Sec. 718. Sense of Congress regarding access to health care under
TRICARE program for covered beneficiaries who are medicare
eligible.
Subtitle C--Uniformed Services Treatment Facilities
Sec. 721. Delay of termination of status of certain facilities as
Uniformed Services Treatment Facilities.
Sec. 722. Limitation on expenditures to support Uniformed Services
Treatment Facilities.
Sec. 723. Application of CHAMPUS payment rules in certain cases.
Sec. 724. Application of Federal Acquisition Regulation to participation
agreements with Uniformed Services Treatment Facilities.
Sec. 725. Development of plan for integrating Uniformed Services
Treatment Facilities in managed care programs of Department of
Defense.
Sec. 726. Equitable implementation of uniform cost sharing requirements
for Uniformed Services Treatment Facilities.
Sec. 727. Elimination of unnecessary annual reporting requirement
regarding Uniformed Services Treatment Facilities.
Subtitle D--Other Changes to Existing Laws Regarding Health Care
Management
Sec. 731. Maximum allowable payments to individual health-care providers
under CHAMPUS.
Sec. 732. Notification of certain CHAMPUS covered beneficiaries of loss
of CHAMPUS eligibility.
Sec. 733. Personal services contracts for medical treatment facilities
of the Coast Guard.
Sec. 734. Identification of third-party payer situations.
Sec. 735. Redesignation of Military Health Care Account as Defense
Health Program Account and two-year availability of certain
account funds.
Sec. 736. Expansion of financial assistance program for health-care
professionals in reserve components to include dental
specialties.
Sec. 737. Applicability of limitation on prices of pharmaceuticals
procured for the Coast Guard.
Sec. 738. Restriction on use of Department of Defense facilities for
abortions.
Subtitle E--Other Matters
Sec. 741. Triservice nursing research.
Sec. 742. Termination of program to train military psychologists to
prescribe psychotropic medications.
Sec. 743. Waiver of collection of payments due from certain persons
unaware of loss of CHAMPUS eligibility.
Sec. 744. Demonstration program to train military medical personnel in
civilian shock trauma units.
Sec. 745. Study regarding Department of Defense efforts to determine
appropriate force levels of wartime medical personnel.
Sec. 746. Report on improved access to military health care for covered
beneficiaries entitled to medicare.
Sec. 747. Report on effect of closure of Fitzsimons Army Medical Center,
Colorado, on provision of care to military personnel, retired
military personnel, and their dependents.
Sec. 748. Sense of Congress on continuity of health care services for
covered beneficiaries adversely affected by closures of
military medical treatment facilities.
Sec. 749. State recognition of military advance medical directives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Reform
Sec. 801. Inapplicability of limitation on expenditure of appropriations
to contracts at or below simplified acquisition threshold.
Sec. 802. Authority to delegate contracting authority.
Sec. 803. Quality control in procurements of critical aircraft and ship
spare parts.
Sec. 804. Fees for certain testing services.
Sec. 805. Coordination and communication of defense research activities.
Sec. 806. Addition of certain items to domestic source limitation.
Sec. 807. Encouragement of use of leasing authority.
Sec. 808. Cost reimbursement rules for indirect costs attributable to
private sector work of defense contractors.
Sec. 809. Subcontracts for ocean transportation services.
Sec. 810. Prompt resolution of audit recommendations.
Sec. 811. Test program for negotiation of comprehensive subcontracting
plans.
Sec. 812. Procurement of items for experimental or test purposes.
Sec. 813. Use of funds for acquisition of designs, processes, technical
data, and computer software.
Sec. 814. Independent cost estimates for major defense acquisition
programs.
Sec. 815. Construction, repair, alteration, furnishing, and equipping of
naval vessels.
Subtitle B--Other Matters
Sec. 821. Procurement technical assistance programs.
Sec. 822. Defense facility-wide pilot program.
Sec. 823. Treatment of Department of Defense cable television franchise
agreements.
Sec. 824. Extension of pilot mentor-protege program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 903. Deferred repeal of various statutory positions and offices in
Office of the Secretary of Defense.
Sec. 904. Redesignation of the position of Assistant to the Secretary of
Defense for Atomic Energy.
Sec. 905. Joint Requirements Oversight Council.
Sec. 906. Restructuring of Department of Defense acquisition
organization and workforce.
Sec. 907. Report on Nuclear Posture Review and on plans for nuclear
weapons management in event of abolition of Department of
Energy.
Sec. 908. Redesignation of Advanced Research Projects Agency.
Sec. 909. Naval nuclear propulsion program.
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.
Sec. 1022. National Drug Intelligence Center.
Subtitle D--Civilian Personnel
Sec. 1031. Management of Department of Defense civilian personnel.
Sec. 1032. Conversion of military positions to civilian positions.
Sec. 1033. Elimination of 120-day limitation on details of certain
employees.
Sec. 1034. Authority for civilian employees of Department of Defense to
participate voluntarily in reductions in force.
Sec. 1035. Authority to pay severance payments in lump sums.
Sec. 1036. Continued health insurance coverage.
Sec. 1037. Revision of authority for appointments of involuntarily
separated military reserve technicians.
Sec. 1038. Wearing of uniform by National Guard technicians.
Sec. 1039. Military leave for military reserve technicians for certain
duty overseas.
Sec. 1040. Personnel actions involving employees of nonappropriated fund
instrumentalities.
Sec. 1041. Coverage of nonappropriated fund employees under authority
for flexible and compressed work schedules.
Sec. 1042. Limitation on provision of overseas living quarters
allowances for nonappropriated fund instrumentality employees.
Sec. 1043. Elections relating to retirement coverage.
Sec. 1044. Extension of temporary authority to pay civilian employees
with respect to the evacuation from Guantanamo, Cuba.
Subtitle E--Miscellaneous Reporting Requirements
Sec. 1051. Report on fiscal year 1997 budget submission regarding Guard
and reserve components.
Sec. 1052. Report on desirability and feasibility of providing authority
for use of funds derived from recovered losses resulting from
contractor fraud.
Sec. 1053. Report on national policy on protecting the national
information infrastructure against strategic attacks.
Sec. 1054. Report on Department of Defense boards and commissions.
Sec. 1055. Date for submission of annual report on special access
programs.
Subtitle F--Repeal of Certain Reporting and Other Requirements and
Authorities
Sec. 1061. Miscellaneous provisions of law.
Sec. 1062. Reports required by title 10, United States Code.
Sec. 1063. Reports required by defense authorization and appropriations
Acts.
Sec. 1064. Reports required by other provisions of law.
Subtitle G--Department of Defense Education Programs
Sec. 1071. Continuation of Uniformed Services University of the Health
Sciences.
Sec. 1072. Additional graduate schools and programs at Uniformed
Services University of the Health Sciences.
Sec. 1073. Funding for adult education programs for military personnel
and dependents outside the United States.
Sec. 1074. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 1075. Sharing of personnel of Department of Defense domestic
dependent schools and defense dependents' education system.
Sec. 1076. Increase in reserve component Montgomery GI Bill educational
assistance allowance with respect to skills or specialties for
which there is a critical shortage of personnel.
Sec. 1077. Date for annual report on reserve component Montgomery GI
Bill educational assistance program.
Sec. 1078. Scope of education programs of Community College of the Air
Force.
Sec. 1079. Amendments to education loan repayment programs.
Subtitle H--Other Matters
Sec. 1081. National defense technology and industrial base, defense
reinvestment, and defense conversion programs.
Sec. 1082. Ammunition industrial base.
Sec. 1083. Policy concerning excess defense industrial capacity.
Sec. 1084. Sense of Congress concerning access to secondary school
student information for recruiting purposes.
Sec. 1085. Disclosure of information concerning unaccounted for United
States personnel from the Korean Conflict, the Vietnam era,
and the Cold War.
Sec. 1086. Operational support airlift aircraft fleet.
Sec. 1087. Civil Reserve Air Fleet.
Sec. 1088. Damage or loss to personal property due to emergency
evacuation or extraordinary circumstances.
Sec. 1089. Authority to suspend or terminate collection actions against
deceased members.
Sec. 1090. Check cashing and exchange transactions for dependents of
United States Government personnel.
Sec. 1091. Designation of National Maritime Center.
Sec. 1092. Sense of Congress regarding historic preservation of Midway
Islands.
Sec. 1093. Sense of Senate regarding Federal spending.
Sec. 1094. Extension of authority for vessel war risk insurance.
TITLE XI--UNIFORM CODE OF MILITARY JUSTICE
Sec. 1101. Short title.
Sec. 1102. References to Uniform Code of Military Justice.
Subtitle A--Offenses
Sec. 1111. Refusal to testify before court-martial.
Sec. 1112. Flight from apprehension.
Sec. 1113. Carnal knowledge.
Subtitle B--Sentences
Sec. 1121. Effective date for forfeitures of pay and allowances and
reductions in grade by sentence of court-martial.
Sec. 1122. Required forfeiture of pay and allowances during confinement.
Sec. 1123. Deferment of confinement.
Subtitle C--Pretrial and Post-Trial Actions
Sec. 1131. Article 32 investigations.
Sec. 1132. Submission of matters to the convening authority for
consideration.
Sec. 1133. Commitment of accused to treatment facility by reason of lack
of mental capacity or mental responsibility.
Subtitle D--Appellate Matters
Sec. 1141. Appeals by the United States.
Sec. 1142. Repeal of termination of authority for Chief Justice of
United States to designate Article III judges for temporary
service on Court of Appeals for the Armed Forces.
Subtitle E--Other Matters
Sec. 1151. Advisory committee on criminal law jurisdiction over
civilians accompanying the Armed Forces in time of armed
conflict.
Sec. 1152. Time after accession for initial instruction in the Uniform
Code of Military Justice.
Sec. 1153. Technical amendment.
TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1201. Specification of Cooperative Threat Reduction programs.
Sec. 1202. Fiscal year 1996 funding allocations.
Sec. 1203. Prohibition on use of funds for peacekeeping exercises and
related activities with Russia.
Sec. 1204. Revision to authority for assistance for weapons destruction.
Sec. 1205. Prior notice to Congress of obligation of funds.
Sec. 1206. Report on accounting for United States assistance.
Sec. 1207. Limitation on assistance to nuclear weapons scientists of
former Soviet Union.
Sec. 1208. Limitations relating to offensive biological warfare program
of Russia.
Sec. 1209. Limitation on use of funds for chemical weapons destruction
facility.
TITLE XIII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Peacekeeping Provisions
Sec. 1301. Placement of United States forces under United Nations
operational or tactical control.
Sec. 1302. Limitation on use of Department of Defense funds for United
States share of costs of United Nations peacekeeping
activities.
Subtitle B--Humanitarian Assistance Programs
Sec. 1311. Overseas humanitarian, disaster, and civic aid programs.
Sec. 1312. Humanitarian assistance.
Sec. 1313. Landmine clearance program.
Subtitle C--Arms Exports and Military Assistance
Sec. 1321. Defense export loan guarantees.
Sec. 1322. National security implications of United States export
control policy.
Sec. 1323. Department of Defense review of export licenses for certain
biological pathogens.
Sec. 1324. Annual reports on improving export control mechanisms and on
military assistance.
Sec. 1325. Report on personnel requirements for control of transfer of
certain weapons.
Subtitle D--Burdensharing and Other Cooperative Activities Involving
Allies and NATO
Sec. 1331. Accounting for burdensharing contributions.
Sec. 1332. Authority to accept contributions for expenses of relocation
within host nation of United States Armed Forces overseas.
Sec. 1333. Revised goal for allied share of costs for United States
installations in Europe.
Sec. 1334. Exclusion of certain forces from European end strength
limitation.
Sec. 1335. Cooperative research and development agreements with NATO
organizations.
Sec. 1336. Support services for the Navy at the port of Haifa, Israel.
Subtitle E--Other Matters
Sec. 1341. Prohibition on financial assistance to terrorist countries.
Sec. 1342. Judicial assistance to the International Tribunal for
Yugoslavia and to the International Tribunal for Rwanda.
Sec. 1343. Semiannual reports concerning United States-People's Republic
of China Joint Defense Conversion Commission.
TITLE XIV--ARMS CONTROL MATTERS
Sec. 1401. Revision of definition of landmine for purposes of landmine
export moratorium.
Sec. 1402. Reports on and certification requirement concerning
moratorium on use by Armed Forces of antipersonnel landmines.
Sec. 1403. Extension and amendment of counterproliferation authorities.
Sec. 1404. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1405. Sense of Congress on ABM treaty violations.
Sec. 1406. Sense of Congress on ratification of Chemical Weapons
Convention and START II Treaty.
Sec. 1407. Implementation of arms control agreements.
Sec. 1408. Iran and Iraq arms nonproliferation.
TITLE XV--TECHNICAL AND CLERICAL AMENDMENTS
Sec. 1501. Amendments related to Reserve Officer Personnel Management
Act.
Sec. 1502. Amendments to reflect name change of Committee on Armed
Services of the House of Representatives.
Sec. 1503. Miscellaneous amendments to title 10, United States Code.
Sec. 1504. Miscellaneous amendments to annual defense authorization
Acts.
Sec. 1505. Miscellaneous amendments to other laws.
Sec. 1506. Coordination with other amendments.
TITLE XVI--CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS
SAFETY
Sec. 1601. Short title.
Subtitle A--Establishment and Operation of Corporation
Sec. 1611. Establishment of the Corporation.
Sec. 1612. Conduct of Civilian Marksmanship Program.
Sec. 1613. Eligibility for participation in Civilian Marksmanship
Program.
Sec. 1614. Issuance, loan, and sale of firearms and ammunition by the
Corporation.
Sec. 1615. Transfer of firearms and ammunition from the Army to the
Corporation.
Sec. 1616. Reservation by the Army of firearms and ammunition for the
Corporation.
Sec. 1617. Army logistical support for the program.
Sec. 1618. General authorities of the Corporation.
Sec. 1619. Distribution of Corporate assets in event of dissolution.
Subtitle B--Transitional Provisions
Sec. 1621. Transfer of funds and property to the Corporation.
Sec. 1622. Continuation of eligibility for certain civil service
benefits for former Federal employees of Civilian Marksmanship
Program.
Sec. 1623. Certification of completion of transition.
Sec. 1624. Repeal of authority for conduct of Civilian Marksmanship
Program by the Army.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Revision of fiscal year 1995 authorization of appropriations
to clarify availability of funds for large anechoic chamber
facility, Patuxent River Naval Warfare Center, Maryland.
Sec. 2206. Authority to carry out land acquisition project, Hampton
Roads, Virginia.
Sec. 2207. Acquisition of land, Henderson Hall, Arlington, Virginia.
Sec. 2208. Acquisition or construction of military family housing in
vicinity of San Diego, California.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Retention of accrued interest on funds deposited for
construction of family housing, Scott Air Force Base,
Illinois.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Military family housing private investment.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Limitations on use of Department of Defense Base Closure
Account 1990.
Sec. 2407. Modification of authority to carry out fiscal year 1995
projects.
Sec. 2408. Reduction in amounts authorized to be appropriated for fiscal
year 1994 contingency construction projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION INFRASTRUCTURE
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Reduction in amount authorized to be appropriated for fiscal
year 1994 Air National Guard Projects.
Sec. 2603. Correction in authorized uses of funds for Army National
Guard projects in Mississippi.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1993
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1992
projects.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Housing Privatization Initiative
Sec. 2801. Alternative authority for construction and improvement of
military housing.
Sec. 2802. Expansion of authority for limited partnerships for
development of military family housing.
Subtitle B--Other Military Construction Program and Military Family
Housing Changes
Sec. 2811. Special threshold for unspecified minor construction projects
to correct life, health, or safety deficiencies.
Sec. 2812. Clarification of scope of unspecified minor construction
authority.
Sec. 2813. Temporary authority to waive net floor area limitation for
family housing acquired in lieu of construction.
Sec. 2814. Reestablishment of authority to waive net floor area
limitation on acquisition by purchase of certain military
family housing.
Sec. 2815. Temporary authority to waive limitations on space by pay
grade for military family housing units.
Sec. 2816. Rental of family housing in foreign countries.
Sec. 2817. Clarification of scope of report requirement on cost
increases under contracts for military family housing
construction.
Sec. 2818. Authority to convey damaged or deteriorated military family
housing.
Sec. 2819. Energy and water conservation savings for the Department of
Defense.
Sec. 2820. Extension of authority to enter into leases of land for
special operations activities.
Sec. 2821. Disposition of amounts recovered as a result of damage to
real property.
Sec. 2822. Pilot program to provide interest rate buy down authority on
loans for housing within housing shortage areas at military
installations.
Subtitle C--Defense Base Closure and Realignment
Sec. 2831. Deposit of proceeds from leases of property located at
installations being closed or realigned.
Sec. 2832. In-kind consideration for leases at installations to be
closed or realigned.
Sec. 2833. Interim leases of property approved for closure or
realignment.
Sec. 2834. Authority to lease property requiring environmental
remediation at installations approved for closure or
realignment.
Sec. 2835. Final funding for Defense Base Closure and Realignment
Commission.
Sec. 2836. Exercise of authority delegated by the Administrator of
General Services.
Sec. 2837. Lease back of property disposed from installations approved
for closure or realignment.
Sec. 2838. Improvement of base closure and realignment process regarding
disposal of property.
Sec. 2839. Agreements for certain services at installations being
closed.
Sec. 2840. Authority to transfer property at military installations to
be closed to persons who construct or provide military family
housing.
Sec. 2841. Use of single base closure authorities for disposal of
property and facilities at Fort Holabird, Maryland.
Subtitle D--Land Conveyances Generally
PART I--ARMY CONVEYANCES
Sec. 2851. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2852. Transfer of jurisdiction, Fort Bliss, Texas.
Sec. 2853. Transfer of jurisdiction and land conveyance, Fort Devens
Military Reservation, Massachusetts.
Sec. 2854. Modification of land conveyance, Fort Belvoir, Virginia.
Sec. 2855. Land exchange, Fort Lewis, Washington.
Sec. 2856. Land exchange, Army Reserve Center, Gainesville, Georgia.
Sec. 2857. Land conveyance, Holston Army Ammunition Plant, Mount Carmel,
Tennessee.
Sec. 2858. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2859. Land conveyance, Fort Ord, California.
Sec. 2860. Land conveyance, Parks Reserve Forces Training Area, Dublin,
California.
Sec. 2861. Land conveyance, Army Reserve Center, Youngstown, Ohio.
Sec. 2862. Land conveyance, Army Reserve Property, Fort Sheridan,
Illinois.
Sec. 2863. Land conveyance, property underlying Cummins Apartment
Complex, Fort Holabird, Maryland.
Sec. 2864. Modification of existing land conveyance, Army property,
Hamilton Air Force Base, California.
PART II--NAVY CONVEYANCES
Sec. 2865. Transfer of jurisdiction, Naval Weapons Industrial Reserve
Plant, Calverton, New York.
Sec. 2866. Modification of land conveyance, Naval Weapons Industrial
Reserve Plant, Calverton, New York.
Sec. 2867. Land conveyance alternative to existing lease authority,
Naval Supply Center, Oakland, California.
Sec. 2868. Land conveyance, Naval Weapons Industrial Reserve Plant,
McGregor, Texas.
Sec. 2869. Land conveyance, Naval Surface Warfare Center, Memphis,
Tennessee.
Sec. 2870. Land conveyance, Navy property, Fort Sheridan, Illinois.
Sec. 2871. Land conveyance, Naval Communications Station, Stockton,
California.
Sec. 2872. Lease of property, Naval Air Station and Marine Corps Air
Station, Miramar, California.
PART III--AIR FORCE CONVEYANCES
Sec. 2874. Land acquisition or exchange, Shaw Air Force Base, South
Carolina.
Sec. 2875. Land conveyance, Elmendorf Air Force Base, Alaska.
Sec. 2876. Land conveyance, Radar Bomb Scoring Site, Forsyth, Montana.
Sec. 2877. Land conveyance, Radar Bomb Scoring Site, Powell, Wyoming.
Sec. 2878. Land conveyance, Avon Park Air Force Range, Florida.
Subtitle E--Land Conveyances Involving Utilities
Sec. 2881. Conveyance of resource recovery facility, Fort Dix, New
Jersey.
Sec. 2882. Conveyance of water and wastewater treatment plants, Fort
Gordon, Georgia.
Sec. 2883. Conveyance of electricity distribution system, Fort Irwin,
California.
Sec. 2884. Conveyance of water treatment plant, Fort Pickett, Virginia.
Subtitle F--Other Matters
Sec. 2891. Authority to use funds for certain educational purposes.
Sec. 2892. Department of Defense Laboratory Revitalization Demonstration
Program.
Sec. 2893. Authority for Port Authority of State of Mississippi to use
Navy property at Naval Construction Battalion Center,
Gulfport, Mississippi.
Sec. 2894. Prohibition on joint use of Naval Air Station and Marine
Corps Air Station, Miramar, California.
Sec. 2895. Report regarding Army water craft support facilities and
activities.
Sec. 2896. Residual value reports.
Sec. 2897. Sense of Congress and report regarding Fitzsimons Army
Medical Center, Colorado.
TITLE XXIX--LAND CONVEYANCES INVOLVING JOLIET ARMY AMMUNITION PLANT,
ILLINOIS
Sec. 2901. Short title.
Sec. 2902. Definitions.
Subtitle A--Conversion of Joliet Army Ammunition Plant to Midewin
National Tallgrass Prairie
Sec. 2911. Principles of transfer.
Sec. 2912. Transfer of management responsibilities and jurisdiction over
Arsenal.
Sec. 2913. Responsibility and liability.
Sec. 2914. Establishment and administration of Midewin National
Tallgrass Prairie.
Sec. 2915. Special management requirements for Midewin National
Tallgrass Prairie.
Sec. 2916. Special transfer rules for certain Arsenal parcels intended
for MNP.
Subtitle B--Other Land Conveyances Involving Joliet Army Ammunition
Plant
Sec. 2921. Conveyance of certain real property at Arsenal for a national
cemetery.
Sec. 2922. Conveyance of certain real property at Arsenal for a county
landfill.
Sec. 2923. Conveyance of certain real property at Arsenal for industrial
parks.
Subtitle C--Miscellaneous Provisions
Sec. 2931. Degree of environmental cleanup.
Sec. 2932. Retention of property used for environmental cleanup.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Authority to conduct program relating to fissile materials.
Sec. 3132. National Ignition Facility.
Sec. 3133. Tritium production program.
Sec. 3134. Payment of penalties.
Sec. 3135. Fissile materials disposition.
Sec. 3136. Tritium recycling.
Sec. 3137. Manufacturing infrastructure for refabrication and
certification of nuclear weapons stockpile.
Sec. 3138. Hydronuclear experiments.
Sec. 3139. Limitation on authority to conduct hydronuclear tests.
Sec. 3140. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3141. Limitation on use of funds for certain research and
development purposes.
Sec. 3142. Processing and treatment of high-level nuclear waste and
spent nuclear fuel rods.
Sec. 3143. Protection of workers at nuclear weapons facilities.
Sec. 3144. Department of Energy Declassification Productivity
Initiative.
Subtitle D--Other Matters
Sec. 3151. Report on foreign tritium purchases.
Sec. 3152. Study on nuclear test readiness postures.
Sec. 3153. Master plan for the certification, stewardship, and
management of warheads in the nuclear weapons stockpile.
Sec. 3154. Prohibition on international inspections of Department of
Energy facilities unless protection of restricted data is
certified.
Sec. 3155. Review of certain documents before declassification and
release.
Sec. 3156. Accelerated schedule for environmental restoration and waste
management activities.
Sec. 3157. Sense of Congress regarding certain environmental restoration
requirements.
Sec. 3158. Responsibility for Defense Programs Emergency Response
Program.
Sec. 3159. Requirements for Department of Energy weapons activities
budgets for fiscal years after fiscal year 1996.
Sec. 3160. Report on hydronuclear testing.
Sec. 3161. Applicability of Atomic Energy Community Act of 1955 to Los
Alamos, New Mexico.
Sec. 3162. Sense of Congress regarding shipments of spent nuclear fuel.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Subtitle A--Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of chromite and manganese ores and chromium ferro
and manganese metal electrolytic.
Sec. 3304. Restrictions on disposal of manganese ferro.
Sec. 3305. Titanium initiative to support battle tank upgrade program.
Subtitle B--Programmatic Change
Sec. 3311. Transfer of excess defense-related materials to stockpile for
disposal.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Subtitle A--Administration of Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal
year 1996.
Subtitle B--Sale of Naval Petroleum Reserve
Sec. 3411. Definitions.
Sec. 3412. Sale of Naval Petroleum Reserve Numbered 1.
Sec. 3413. Effect of sale of reserve.
Sec. 3414. Conditions on sale process.
Sec. 3415. Treatment of State of California claim regarding reserve.
Sec. 3416. Study of future of other naval petroleum reserves.
TITLE XXXV--PANAMA CANAL COMMISSION
Subtitle A--Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Expenditures in accordance with other laws.
Subtitle B--Reconstitution of Commission as Government Corporation
Sec. 3521. Short title.
Sec. 3522. Reconstitution of Commission as Government corporation.
Sec. 3523. Supervisory Board.
Sec. 3524. General and specific powers of Commission.
Sec. 3525. Congressional review of budget.
Sec. 3526. Audits.
Sec. 3527. Prescription of measurement rules and rates of tolls.
Sec. 3528. Procedures for changes in rules of measurement and rates of
tolls.
Sec. 3529. Miscellaneous technical amendments.
Sec. 3530. Conforming amendment to title 31, United States Code.
DIVISION D--FEDERAL ACQUISITION REFORM
Sec. 4001. Short title.
TITLE XLI--COMPETITION
Sec. 4101. Efficient competition.
Sec. 4102. Efficient approval procedures.
Sec. 4103. Efficient competitive range determinations.
Sec. 4104. Preaward debriefings.
Sec. 4105. Design-build selection procedures.
TITLE XLII--COMMERCIAL ITEMS
Sec. 4201. Commercial item exception to requirement for cost or pricing
data.
Sec. 4202. Application of simplified procedures to certain commercial
items.
Sec. 4203. Inapplicability of certain procurement laws to commercially
available off-the-shelf items.
Sec. 4204. Amendment of commercial items definition.
Sec. 4205. Inapplicability of cost accounting standards to contracts and
subcontracts for commercial items.
TITLE XLIII--ADDITIONAL REFORM PROVISIONS
Subtitle A--Additional Acquisition Reform Provisions
Sec. 4301. Elimination of certain certification requirements.
Sec. 4302. Authorities conditioned on FACNET capability.
Sec. 4303. International competitiveness.
Sec. 4304. Procurement integrity.
Sec. 4305. Further acquisition streamlining provisions.
Sec. 4306. Value engineering for Federal agencies.
Sec. 4307. Acquisition workforce.
Sec. 4308. Demonstration project relating to certain personnel
management policies and procedures.
Sec. 4309. Cooperative purchasing.
Sec. 4310. Procurement notice technical amendments.
Sec. 4311. Micro-purchases without competitive quotations.
Subtitle B--Technical Amendments
Sec. 4321. Amendments related to Federal Acquisition Streamlining Act of
1994.
Sec. 4322. Miscellaneous amendments to Federal acquisition laws.
TITLE XLIV--EFFECTIVE DATES AND IMPLEMENTATION
Sec. 4401. Effective date and applicability.
Sec. 4402. Implementing regulations.
DIVISION E--INFORMATION TECHNOLOGY MANAGEMENT REFORM
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Subtitle A--General Authority
Sec. 5101. Repeal of central authority of the Administrator of General
Services.
Subtitle B--Director of the Office of Management and Budget
Sec. 5111. Responsibility of Director.
Sec. 5112. Capital planning and investment control.
Sec. 5113. Performance-based and results-based management.
Subtitle C--Executive Agencies
Sec. 5121. Responsibilities.
Sec. 5122. Capital planning and investment control.
Sec. 5123. Performance and results-based management.
Sec. 5124. Acquisitions of information technology.
Sec. 5125. Agency Chief Information Officer.
Sec. 5126. Accountability.
Sec. 5127. Significant deviations.
Sec. 5128. Interagency support.
Subtitle D--Other Responsibilities
Sec. 5131. Responsibilities regarding efficiency, security, and privacy
of Federal computer systems.
Sec. 5132. Sense of Congress.
Subtitle E--National Security Systems
Sec. 5141. Applicability to national security systems.
Sec. 5142. National security system defined.
TITLE LII--PROCESS FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
Sec. 5201. Procurement procedures.
Sec. 5202. Incremental acquisition of information technology.
TITLE LIII--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
Subtitle A--Conduct of Pilot Programs
Sec. 5301. Authority to conduct pilot programs.
Sec. 5302. Evaluation criteria and plans.
Sec. 5303. Report.
Sec. 5304. Recommended legislation.
Sec. 5305. Rule of construction.
Subtitle B--Specific Pilot Programs
Sec. 5311. Share-in-savings pilot program.
Sec. 5312. Solutions-based contracting pilot program.
TITLE LIV--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Sec. 5401. On-line multiple award schedule contracting.
Sec. 5402. Identification of excess and surplus computer equipment.
Sec. 5403. Access of certain information in information systems to the
directory established under section 4101 of title 44, United
States code.
TITLE LV--PROCUREMENT PROTEST AUTHORITY OF THE COMPTROLLER GENERAL
Sec. 5501. Period for processing protests.
Sec. 5502. Availability of funds following GAO resolution of challenge
to contracting action.
TITLE LVI--CONFORMING AND CLERICAL AMENDMENTS
Sec. 5601. Amendments to title 10, United States Code.
Sec. 5602. Amendments to title 28, United States Code.
Sec. 5603. Amendment to title 31, United States Code.
Sec. 5604. Amendments to title 38, United States Code.
Sec. 5605. Provisions of title 44, United States Code, relating to
paperwork reduction.
Sec. 5606. Amendment to title 49, United States Code.
Sec. 5607. Other laws.
Sec. 5608. Clerical amendments.
TITLE LVII--EFFECTIVE DATE, SAVINGS PROVISIONS, AND RULES OF
CONSTRUCTION
Sec. 5701. Effective date.
Sec. 5702. Savings provisions.
Sec. 5703. Rules of construction.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on National Security and the
Committee on Appropriations of the House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Army as follows:
(1) For aircraft, $1,558,805,000.
(2) For missiles, $865,555,000.
(3) For weapons and tracked combat vehicles,
$1,652,745,000.
(4) For ammunition, $1,093,991,000.
(5) For other procurement, $2,763,443,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 1996 for procurement for the Navy as follows:
(1) For aircraft, $4,572,394,000.
(2) For weapons, including missiles and torpedoes,
$1,659,827,000.
(3) For shipbuilding and conversion,
$6,643,958,000.
(4) For other procurement, $2,414,771,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 1996 for procurement for the
Marine Corps in the amount of $458,947,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for procurement of ammunition for
Navy and the Marine Corps in the amount of $430,053,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Air Force as follows:
(1) For aircraft, $7,349,783,000.
(2) For missiles, $2,938,883,000.
(3) For ammunition, $343,848,000.
(4) For other procurement, $6,268,430,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for Defense-wide procurement in the amount of
$2,124,379,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement of aircraft, vehicles, communications
equipment, and other equipment for the reserve components of
the Armed Forces as follows:
(1) For the Army National Guard, $160,000,000.
(2) For the Air National Guard, $255,000,000.
(3) For the Army Reserve, $85,700,000.
(4) For the Naval Reserve, $67,000,000.
(5) For the Air Force Reserve, $135,600,000.
(6) For the Marine Corps Reserve, $73,700,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for procurement for the Inspector General of the
Department of Defense in the amount of $1,000,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 1996 the amount of $672,250,000 for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities of
the Department of Defense in the total amount of $288,033,000.
Subtitle B--Army Programs
SEC. 111. PROCUREMENT OF OH-58D ARMED KIOWA WARRIOR HELICOPTERS.
The prohibition in section 133(a)(2) of the National
Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1383) does not apply to the
obligation of funds in amounts not to exceed $140,000,000 for
the procurement of not more than 20 OH-58D Armed Kiowa Warrior
aircraft from funds appropriated for fiscal year 1996 pursuant
to section 101.
SEC. 112. REPEAL OF REQUIREMENTS FOR ARMORED VEHICLE UPGRADES.
Subsection (j) of section 21 of the Arms Export Control Act
(22 U.S.C. 2761) is repealed.
SEC. 113. MULTIYEAR PROCUREMENT OF HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into multiyear
procurement contracts for procurement of the following:
(1) AH-64D Longbow Apache attack helicopters.
(2) UH-60 Black Hawk utility helicopters.
SEC. 114. REPORT ON AH-64D ENGINE UPGRADES.
No later than February 1, 1996, the Secretary of the Army
shall submit to Congress a report on plans to procure T700-701C
engine upgrade kits for Army AH-64D helicopters. The report
shall include--
(1) a plan to provide for the upgrade of all Army
AH-64D helicopters with T700-701C engine kits
commencing in fiscal year 1996; and
(2) a detailed timeline and statement of funding
requirements for the engine upgrade program described
in paragraph (1).
SEC. 115. REQUIREMENT FOR USE OF PREVIOUSLY AUTHORIZED MULTIYEAR
PROCUREMENT AUTHORITY FOR ARMY SMALL ARMS
PROCUREMENT.
(a) Requirement.--The Secretary of the Army (subject to the
provision of authority in an appropriations Act) 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).
1(b) Technical Amendment.--Section 115(b)(1) of the
National Defense Authorization for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2681) is amended by striking out ``2306(h)''
and inserting in lieu thereof ``2306b''.
Subtitle C--Navy Programs
SEC. 131. NUCLEAR ATTACK SUBMARINES.
(a) Amounts Authorized.--(1) Of the amount authorized by
section 102 to be appropriated for Shipbuilding and Conversion,
Navy, for fiscal year 1996--
(A) $700,000,000 is available for construction of
the third vessel (designated SSN-23) in the Seawolf
attack submarine class, which shall be the final vessel
in that class; and
(B) $804,498,000 is available for long-lead and
advance construction and procurement of components for
construction of the fiscal year 1998 and fiscal year
1999 submarines (previously designated by the Navy as
the New Attack Submarine), of which--
(i) $704,498,000 shall be available for
long-lead and advance construction and
procurement for the fiscal year 1998 submarine,
which shall be built by Electric Boat Division;
and
(ii) $100,000,000 shall be available for
long-lead and advance construction and
procurement for the fiscal year 1999 submarine,
which shall be built by Newport News
Shipbuilding.
(2) Of the amount authorized by section 201(2), $10,000,000
shall be available only for participation of Newport News
Shipbuilding in the design of the submarine previously
designated by the Navy as the New Attack Submarine.
(b) Competition, Report, and Budget Revision Limitations.--
(1) Of the amounts specified in subsection (a)(1), not more
than $200,000,000 may be obligated or expended until the
Secretary of the Navy certifies in writing to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives that procurement of
nuclear attack submarines to be constructed beginning--
(A) after fiscal year 1999, or
(B) if four submarines are procured as provided for
in the plan described in subsection (c), after fiscal
year 2001,
will be under one or more contracts that are entered into after
competition between potential competitors (as defined in
subsection (k)) in which the Secretary solicits competitive
proposals and awards the contract or contracts on the basis of
price.
(2) Of the amounts specified in subsection (a)(1), not more
than $1,000,000,000 may be obligated or expended until the
Secretary of Defense, not later than March 15, 1996,
accomplishes each of the following:
(A) Submits to the Committee on Armed Services of
the Senate and the Committee on National Security of
the House of Representatives in accordance with
subsection (c) the plan required by that subsection for
a program to produce a more capable, less expensive
nuclear attack submarine than the submarine design
previously designated by the Navy as the New Attack
Submarine.
(B) Notwithstanding any other provision of law, or
the funding level in the President's budget for each
year after fiscal year 1996, the Under Secretary of
Defense (Comptroller) shall incorporate the costs of
the plan required by subsection (c) in the Future Years
Defense Program (FYDP) even if the total cost of that
Program exceeds the President's budget.
(C) Directs that the Under Secretary of Defense for
Acquisition and Technology conduct oversight over the
development and improvement of the nuclear attack
submarine program of the Navy. Officials of the
Department of the Navy exercising management oversight
of the program shall report to the Under Secretary of
Defense for Acquisition and Technology with respect to
that program.
(c) Plan for Fiscal Year 1998, 1999, 2000, and 2001
Submarines.--(1) The Secretary of Defense shall, not later than
March 15, 1996, develop (and submit to the committees specified
in subsection (b)(2)(A)) a detailed plan for development of a
program that will lead to production of a more capable, less
expensive submarine than the submarine previously designated as
the New Attack Submarine.
(2) As part of such plan, the Secretary shall provide for a
program for the design, development, and procurement of four
nuclear attack submarines to be procured during fiscal years
1998 through 2001, the purpose of which shall be to develop and
demonstrate new technologies that will result in each
successive submarine of those four being a more capable and
more affordable submarine than the submarine that preceded it.
The program shall be structured so that--
(A) one of the four submarines is to be constructed
with funds appropriated for each fiscal year from
fiscal year 1998 through fiscal year 2001;
(B) in order to ensure flexibility for innovation,
the fiscal year 1998 and the fiscal year 2000
submarines are to be constructed by the Electric Boat
Division and the fiscal year 1999 and the fiscal year
2001 submarines are to be constructed by Newport News
Shipbuilding;
(C) the design designated by the Navy for the
submarine previously designated as the New Attack
Submarine will be used as the base design by both
contractors;
(D) each contractor shall be called upon to propose
improvements, including design improvements, for each
successive submarine as new and better technology is
demonstrated and matures so that--
(i) each successive submarine is more
capable and more affordable; and
(ii) the design for a future class of
nuclear attack submarines will incorporate the
latest, best, and most affordable technology;
and
(E) the fifth and subsequent nuclear attack
submarines to be built after the SSN-23 submarine shall
be procured as required by subsection (b)(1).
(3) The plan under paragraph (1) shall--
(A) set forth a program to accomplish the design,
development, and construction of the four submarines
taking maximum advantage of a streamlined acquisition
process, as provided under subsection (d);
(B) culminate in selection of a design for a next
submarine for serial production not earlier than fiscal
year 2003, with such submarine to be procured as
required by subsection (b)(1);
(C) identify advanced technologies that are in
various phases of research and development, as well as
those that are commercially available off-the-shelf,
that are candidates to be incorporated into the plan to
design, develop, and procure the submarines;
(D) designate the fifth submarine to be procured as
the lead ship in the next generation submarine class,
unless the Secretary of the Navy, in consultation with
the special submarine review panel described in
subsection (f), determines that more submarines should
be built before the design of the new class of
submarines is fixed, in which case each such additional
submarine shall be procured in the same manner as is
required by subsection (b)(1); and
(E) identify the impact of the submarine program
described in paragraph (1) on the remainder of the
appropriation account known as ``Shipbuilding and
Conversion, Navy'', as such impact relates to--
(i) force structure levels required by the
October 1993 Department of Defense report
entitled ``Report on the Bottom-Up Review'';
(ii) force structure levels required by the
1995 report on the Surface Ship Combatant Study
that was carried out for the Department of
Defense; and
(iii) the funding requirements for
submarine construction, as a percentage of the
total ship construction account, for each
fiscal year throughout the FYDP.
(d) Streamlined Acquisition Process.--The Secretary of
Defense shall prescribe and use streamlined acquisition
policies and procedures to reduce the cost and increase the
efficiency of the submarine program under this section.
(e) Annual Revisions to Plan.--The Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
an annual update to the plan required to be submitted under
subsection (b). Each such update shall be submitted concurrent
with the President's budget submission to Congress for each of
fiscal years 1998 through 2002.
(f) Special Submarine Review Panel.--(1) The plan under
subsection (c) and each annual update under subsection (e)
shall be reviewed by a special bipartisan congressional panel
working with the Navy. The panel shall consist of three members
of the Committee on Armed Services of the Senate, who shall be
designated by the chairman of that committee, and three members
of the Committee on National Security of the House of
Representatives, who shall be designated by the chairman of
that committee. The members of the panel shall be briefed by
the Secretary of the Navy on the status of the submarine
modernization program and the status of submarine-related
research and development under this section.
(2) Not later than May 1 of each year, the panel shall
report to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
on the panel's findings and recommendations regarding the
progress of the Secretary in procuring a more capable, less
expensive submarine. The panel may recommend any funding
adjustments it believes appropriate to achieve this objective.
(g) Linkage of Fiscal Year 1998 and 1999 Submarines.--Funds
referred to in subsection (a)(1)(B) that are available for the
fiscal year 1998 and fiscal year 1999 submarines under this
section may not be expended during fiscal year 1996 for the
fiscal year 1998 submarine (other than for design) unless funds
are obligated or expended during such fiscal year for a
contract in support of procurement of the fiscal year 1999
submarine.
(h) Contracts Authorized.--The Secretary of the Navy is
authorized, using funds available pursuant to paragraph (1)(B)
of subsection (a), to enter into contracts with Electric Boat
Division and Newport News Shipbuilding, and suppliers of
components, during fiscal year 1996 for--
(1) the procurement of long-lead components for the
fiscal year 1998 submarine and the fiscal year 1999
submarine under this section; and
(2) advance construction of such components and
other components for such submarines.
(i) Advanced Research Projects Agency Development of
Advanced Technologies.--(1) Of the amount provided in section
201(4) for the Advanced Research Projects Agency, $100,000,000
is available only for development and demonstration of advanced
technologies for incorporation into the submarines constructed
as part of the plan developed under subsection (c). Such
advanced technologies shall include the following:
(A) Electric drive.
(B) Hydrodynamic quieting.
(C) Ship control automation.
(D) Solid-state power electronics.
(E) Wake reduction technologies.
(F) Superconductor technologies.
(G) Torpedo defense technologies.
(H) Advanced control concept.
(I) Fuel cell technologies.
(J) Propulsors.
(2) The Director of the Advanced Research Projects Agency
shall implement a rapid prototype acquisition strategy for both
land-based and at-sea subsystem and system demonstrations of
advanced technologies under paragraph (1). Such acquisition
strategy shall be developed and implemented in concert with
Electric Boat Division and Newport News Shipbuilding and the
Navy.
(j) References to Contractors.--For purposes of this
section--
(1) the contractor referred to as ``Electric Boat
Division'' is the Electric Boat Division of the General
Dynamics Corporation; and
(2) the contractor referred to as ``Newport News
Shipbuilding'' is the Newport News Shipbuilding and
Drydock Company.
(k) Potential Competitor Defined.--For purposes of this
section, the term ``potential competitor'' means any source to
which the Secretary of the Navy has awarded, within 10 years
before the date of the enactment of this Act, a contract or
contracts to construct one or more nuclear attack submarines.
SEC. 132. RESEARCH FOR ADVANCED SUBMARINE TECHNOLOGY.
Of the amount appropriated for fiscal year 1996 for the
National Defense Sealift Fund, $50,000,000 shall be available
only for the Director of the Advanced Research Projects Agency
for advanced submarine technology activities.
SEC. 133. COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement of
the SSN-21, SSN-22, and SSN-23 Seawolf class submarines may not
exceed $7,223,659,000.
(b) Automatic Increase of Limitation Amount.--The amount of
the limitation set forth in subsection (a) is increased by the
following amounts:
(1) The amounts of outfitting costs and post-
delivery costs incurred for the submarines referred to
in such subsection.
(2) The amounts of increases in costs attributable
to economic inflation after September 30, 1995.
(3) The amounts of increases in costs attributable
to compliance with changes in Federal, State, or local
laws enacted after September 30, 1995.
(c) Repeal of Superseded Provision.--Section 122 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2682) is repealed.
SEC. 134. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUBMARINES.
Section 124 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2683) is
repealed.
SEC. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authorization for Procurement of Six Vessels.--The
Secretary of the Navy is authorized to construct six Arleigh
Burke class destroyers in accordance with this section. Within
the amount authorized to be appropriated pursuant to section
102(a)(3), $2,169,257,000 is authorized to be appropriated for
construction (including advance procurement) for the Arleigh
Burke class destroyers.
(b) Contracts.--(1) The Secretary is authorized to enter
into contracts in fiscal year 1996 for the construction of
three Arleigh Burke class destroyers.
(2) The Secretary is authorized, in fiscal year 1997, to
enter into contracts for the construction of the other three
Arleigh Burke class destroyers covered by subsection (a),
subject to the availability of appropriations for such
destroyers.
(3) In awarding contracts for the six vessels covered by
subsection (a), the Secretary shall continue the contract award
pattern and sequence used by the Secretary for the procurement
of Arleigh Burke class destroyers during fiscal years 1994 and
1995.
(4) A contract for construction of a vessel or vessels that
is entered into in accordance with paragraph (1) shall include
a clause that limits the liability of the Government to the
contractor for any termination of the contract. The maximum
liability of the Government under the clause shall be the
amount appropriated for the vessel or vessels.
(c) Use of Available Funds.--(1) Subject to paragraph (2),
the Secretary may take appropriate actions to use for full
funding of a contract entered into in accordance with
subsection (b)--
(A) any funds that, having been appropriated for
shipbuilding and conversion programs of the Navy other
than Arleigh Burke class destroyer programs pursuant to
the authorization in section 102(a)(3), become excess
to the needs of the Navy for such programs by reason of
cost savings achieved for such programs;
(B) any unobligated funds that are available to the
Secretary for shipbuilding and conversion for any
fiscal year before fiscal year 1996; and
(C) any funds that are appropriated after the date
of the enactment of the Department of Defense
Appropriations Act, 1996, to complete the full funding
of the contract.
(2) The Secretary may not, in the exercise of authority
provided in subparagraph (A) or (B) of paragraph (1), obligate
funds for a contract entered into in accordance with subsection
(b) until 30 days after the date on which the Secretary submits
to the congressional defense committees in writing a
notification of the intent to obligate the funds. The
notification shall set forth the source or sources of the funds
and the amount of the funds from each such source that is to be
so obligated.
SEC. 136. ACQUISITION PROGRAM FOR CRASH ATTENUATING SEATS.
(a) Program Authorized.--The Secretary of the Navy shall
establish a program to procure for, and install in, H-53E
military transport helicopters commercially developed, energy
absorbing, crash attenuating seats that the Secretary
determines are consistent with military specifications for
seats for such helicopters.
(b) Funding.--To the extent provided in appropriations
Acts, of the unobligated balance of amounts appropriated for
the Legacy Resource Management Program pursuant to the
authorization of appropriations in section 301(5) of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2706), not more than $10,000,000 shall
be available to the Secretary of the Navy, by transfer to the
appropriate accounts, for carrying out the program authorized
in subsection (a).
SEC. 137. T-39N TRAINER AIRCRAFT.
(a) Limitation.--The Secretary of the Navy may not enter
into a contract, using funds appropriated for fiscal year 1996
for procurement of aircraft for the Navy, for the acquisition
of the aircraft described in subsection (b) until 60 days after
the date on which the Under Secretary of Defense for
Acquisition and Technology submits to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives--
(1) an analysis of the proposed acquisition of such
aircraft; and
(2) a certification that the proposed acquisition
during fiscal year 1996 (A) is in the best interest of
the Government, and (B) is the most cost effective
means of meeting the requirements of the Navy for
aircraft for use in the training of naval flight
officers.
(b) Covered Aircraft.--Subsection (a) applies to certain T-
39 trainer aircraft that as of November 1, 1995 (1) are used by
the Navy under a lease arrangement for the training of naval
flight officers, and (2) are offered for sale to the
Government.
SEC. 138. PIONEER UNMANNED AERIAL VEHICLE PROGRAM.
Not more than one-sixth of the amount appropriated pursuant
to this Act for the activities and operations of the Unmanned
Aerial Vehicle Joint Program Office (UAV-JPO), and none of the
unobligated balances of funds appropriated for fiscal years
before fiscal year 1996 for the activities and operations of
such office, may be obligated until the Secretary of the Navy
certifies to the Committee on Armed Services of 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''.
SEC. 142. PROCUREMENT OF B-2 BOMBERS.
Of the amount authorized to be appropriated by section 103
for the B-2 bomber procurement program, not more than
$279,921,000 may be obligated or expended before March 31,
1996.
SEC. 143. MC-130H AIRCRAFT PROGRAM.
The limitation on the obligation of funds for payment of an
award fee and the procurement of contractor-furnished equipment
for the MC-130H Combat Talon aircraft set forth in section
161(a) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1388) shall
cease to apply upon determination by the Director of
Operational Test and Evaluation (and submission of a
certification of that determination to the congressional
defense committees) that, based on the operational test and
evaluation and the analysis conducted on that aircraft to the
date of that determination, such aircraft is operationally
effective and meets the needs of its intended users.
Subtitle E--Chemical Demilitarization Program
SEC. 151. REPEAL OF REQUIREMENT TO PROCEED EXPEDITIOUSLY WITH
DEVELOPMENT OF CHEMICAL DEMILITARIZATION
CRYOFRACTURE FACILITY AT TOOELE ARMY DEPOT, UTAH.
Subsection (a) of section 173 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991 (Public Law
101-189; 103 Stat. 1393) is repealed.
SEC. 152. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS
AND MUNITIONS.
(a) In General.--The Secretary of Defense shall proceed
with the program for destruction of the chemical munitions
stockpile of the Department of Defense while maintaining the
maximum protection of the environment, the general public, and
the personnel involved in the actual destruction of the
munitions. In carrying out such program, the Secretary shall
use technologies and procedures that will minimize the risk to
the public at each site.
(b) Initiation of Demilitarization Operations.--The
Secretary of Defense may not initiate destruction of the
chemical munitions stockpile stored at a site until the
following support measures are in place:
(1) Support measures that are required by
Department of Defense and Army chemical surety and
security program regulations.
(2) Support measures that are required by the
general and site chemical munitions demilitarization
plans specific to that installation.
(3) Support measures that are required by the
permits required by the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C.
7401 et seq.) for chemical munitions demilitarization
operations at 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 significantly the total cost of the program, while
ensuring maximum protection of the general public, the
personnel involved in the demilitarization program, and the
environment. The measures considered shall be limited to those
that would minimize the risk to the public. The assessment
shall be conducted without regard to any limitation that would
otherwise apply to the conduct of such an assessment under any
provision of law.
(2) The assessment shall be conducted in coordination with
the National Research Council.
(3) Based on the results of the assessment, the Secretary
shall develop appropriate recommendations for revision of the
chemical demilitarization program.
(4) Not later than March 1, 1996, the Secretary of Defense
shall submit to the congressional defense committees an interim
report assessing the current status of the chemical stockpile
demilitarization program, including the results of the Army's
analysis of the physical and chemical integrity of the
stockpile and implications for the chemical demilitarization
program, and providing recommendations for revisions to that
program that have been included in the budget request of the
Department of Defense for fiscal year 1997. The Secretary shall
submit to the congressional defense committees with the
submission of the budget request of the Department of Defense
for fiscal year 1998 a final report on the assessment conducted
in accordance with paragraph (1) and recommendations for
revision to the program, including an assessment of alternative
demilitarization technologies and processes to the baseline
incineration process and potential reconfiguration of the
stockpile that should be incorporated in the program.
(d) Assistance for Chemical Weapons Stockpile Communities
Affected by Base Closure.--(1) The Secretary of Defense shall
review and evaluate issues associated with closure and
reutilization of Department of Defense facilities co-located
with continuing chemical stockpile and chemical
demilitarization operations.
(2) The review shall include the following:
(A) An analysis of the economic impacts on these
communities and the unique reuse problems facing local
communities associated with ongoing chemical weapons
programs.
(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of
these facilities to local communities for reuse by
those communities.
(3) The Secretary shall submit to the congressional defense
committees a report on the review and evaluation under this
subsection. The report shall be submitted not later than 90
days after the date of the enactment of this Act.
SEC. 153. ADMINISTRATION OF CHEMICAL DEMILITARIZATION PROGRAM.
(a) Travel Funding for Members of Chemical Demilitarization
Citizens' Advisory Commissions.--Section 172(g) of Public Law
102-484 (50 U.S.C. 1521 note) is amended to read as follows:
``(g) Pay and Expenses.--Members of each commission shall
receive no pay for their involvement in the activities of their
commissions. Funds appropriated for the Chemical Stockpile
Demilitarization Program may be used for travel and associated
travel costs for Citizens' Advisory Commissioners, when such
travel is conducted at the invitation of the Assistant
Secretary of the Army (Research, Development, and
Acquisition).''.
(b) Quarterly Report Concerning Travel Funding for
Citizens' Advisory Commissioners.--Section 1412(g) of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(g)), is amended--
(1) by striking out ``(g) Annual Report.--'' and
inserting in lieu thereof ``(g) Periodic Reports.--'';
(2) in paragraph (2)--
(A) by striking out ``Each such report
shall contain--'' and inserting in lieu thereof
``Each annual report shall contain--''
(B) in subparagraph (B)--
(i) by striking out ``and'' at the
end of clause (iv);
(ii) by striking out the period at
the end of clause (v) and inserting in
lieu thereof ``; and''; and
(iii) by adding at the end the
following:
``(vi) travel and associated travel costs
for Citizens' Advisory Commissioners under
section 172(g) of Public Law 102-484 (50 U.S.C.
1521 note).'';
(3) by redesignating paragraph (3) as paragraph
(4);
(4) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The Secretary shall transmit to the Committee on
Armed Services and the Committee on Appropriations of the
Senate and the Committee on National Security and the Committee
on Appropriations of the House of Representatives a quarterly
report containing an accounting of all funds expended (during
the quarter covered by the report) for travel and associated
travel costs for Citizens' Advisory Commissioners under section
172(g) of Public Law 102-484 (50 U.S.C. 1521 note). The
quarterly report for the final quarter of the period covered by
a report under paragraph (1) may be included in that report.'';
and
(5) in paragraph (4), as redesignated by paragraph
(3)--
(A) by striking out ``this subsection'' and
inserting in lieu thereof ``paragraph (1)'';
and
(B) by adding at the end the following:
``No quarterly report is required under
paragraph (3) after the transmittal of the
final report under paragraph (1).''.
(c) Director of Program.--Section 1412(e)(3) of the
Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(e)(3)), is amended by inserting ``or civilian equivalent''
after ``general officer''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,737,581,000.
(2) For the Navy, $8,474,783,000.
(3) For the Air Force, $12,914,868,000.
(4) For Defense-wide activities, $9,693,180,000, of
which--
(A) $251,082,000 is authorized for the
activities of the Director, Test and
Evaluation; and
(B) $22,587,000 is authorized for the
Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLORATORY DEVELOPMENT.
(a) Fiscal Year 1996.--Of the amounts authorized to be
appropriated by section 201, $4,088,879,000 shall be available
for basic research and exploratory development projects.
(b) Basic Research and Exploratory Development Defined.--
For purposes of this section, the term ``basic research and
exploratory development'' means work funded in program elements
for defense research and development under Department of
Defense category 6.1 or 6.2.
SEC. 203. MODIFICATIONS TO STRATEGIC ENVIRONMENTAL RESEARCH AND
DEVELOPMENT PROGRAM.
(a) Council Membership.--Section 2902(b) of title 10,
United States Code, is amended--
(1) by striking out ``thirteen'' and inserting in
lieu thereof ``12'';
(2) by striking out paragraph (3);
(3) by redesignating paragraphs (4), (5), (6), (7),
(8), (9), and (10) as paragraphs (3), (4), (5), (6),
(7), (8), and (9), respectively; and
(4) in paragraph (8), as redesignated, by striking
out ``, who shall be nonvoting members''.
(b) Annual Report.--(1) Section 2902 of such title is
amended in subsection (d)--
(A) by striking out paragraph (3) and inserting in
lieu thereof the following:
``(3) To prepare an annual report that contains the
following:
``(A) A description of activities of the
strategic environmental research and
development program carried out during the
fiscal year before the fiscal year in which the
report is prepared.
``(B) A general outline of the activities
planned for the program during the fiscal year
in which the report is prepared.
``(C) A summary of projects continued from
the fiscal year before the fiscal year in which
the report is prepared and projects expected to
be started during the fiscal year in which the
report is prepared and during the following
fiscal year.''; and
(B) in paragraph (4), by striking out ``Federal
Coordinating Council on Science, Engineering, and
Technology'' and inserting in lieu thereof ``National
Science and Technology Council''.
(2) Section 2902 of such title is further amended--
(A) by striking out subsections (f) and (h);
(B) by redesignating subsection (g) as subsection
(f); and
(C) by adding at the end the following new
subsection:
``(g)(1) Not later than February 1 of each year, the
Council shall submit to the Secretary of Defense the annual
report prepared pursuant to subsection (d)(3).
``(2) Not later than March 15 of each year, the Secretary
of Defense shall submit such annual report to Congress, along
with such comments as the Secretary considers appropriate.''.
(3) The amendments made by this subsection shall apply with
respect to the annual report prepared during fiscal year 1997
and each fiscal year thereafter.
(c) Policies and Procedures.--Section 2902(e) of such title
is amended in paragraph (3) by striking out ``programs,
particularly'' and all that follows through the end of the
paragraph and inserting in lieu thereof ``programs;''.
(d) Competitive Procedures.--Section 2903(c) of such title
is amended--
(1) by striking out ``or'' after ``contracts'' and
inserting in lieu thereof ``using competitive
procedures. The Executive Director may enter into'';
and
(2) by striking out ``law, except that'' and
inserting in lieu thereof ``law. In either case,''.
(e) Continuation of Expiring Authority.--(1) Section
2903(d) of such title is amended in paragraph (2) by striking
out the last sentence.
(2) The amendment made by paragraph (1) shall take effect
as of September 29, 1995.
SEC. 204. DEFENSE DUAL USE TECHNOLOGY INITIATIVE.
(a) Fiscal Year 1996 Amount.--Of the amount authorized to
be appropriated in section 201(4), $195,000,000 shall be
available for the defense dual use technology initiative
conducted under chapter 148 of title 10, United States Code.
(b) Availability of Funds for Existing Technology
Reinvestment Projects.--The Secretary of Defense shall use
amounts made available for the defense dual use technology
initiative under subsection (a) only for the purpose of
continuing or completing technology reinvestment projects that
were initiated before October 1, 1995.
(c) Notice Concerning Projects To Be Carried Out.--Of the
amounts made available for the defense dual use technology
initiative under subsection (a)--
(1) $145,000,000 shall be available for obligation
only after the date on which the Secretary of Defense
notifies the congressional defense committees regarding
the defense reinvestment projects to be funded using
such funds; and
(2) the remaining $50,000,000 shall be available
for obligation only after the date on which the
Secretary of Defense certifies to the congressional
defense committees that the defense reinvestment
projects to be funded using such funds have been
determined by the Joint Requirements Oversight Council
to be of significant military priority.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Allocation of Funds.--Of the amount authorized to be
appropriated pursuant to the authorization in section 201(3),
$50,000,000 shall be available for a competitive reusable
rocket technology program.
(b) Limitation.--Funds made available pursuant to
subsection (a)(1) may be obligated only to the extent that the
fiscal year 1996 current operating plan of the National
Aeronautics and Space Administration allocates at least an
equal amount for its Reusable Space Launch program.
SEC. 212. TACTICAL MANNED RECONNAISSANCE.
(a) Limitation.--None of the amounts appropriated or
otherwise made available pursuant to an authorization in this
Act may be used by the Secretary of the Air Force to conduct
research, development, test, or evaluation for a replacement
aircraft, pod, or sensor payload for the tactical manned
reconnaissance mission until the report required by subsection
(b) is submitted to the congressional defense committees.
(b) Report.--The Secretary of the Air Force shall submit to
the congressional defense committees a report setting forth in
detail information about the manner in which the funds
authorized by section 201 of this Act and section 201 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2690) are planned to be used during
fiscal year 1996 for research, development, test, and
evaluation for the Air Force tactical manned reconnaissance
mission. At a minimum, the report shall include the sources, by
program element, of the funds and the purposes for which the
funds are planned to be used.
SEC. 213. JOINT ADVANCED STRIKE TECHNOLOGY (JAST) PROGRAM.
(a) Allocation of Funds.--Of the amounts authorized to be
appropriated pursuant to the authorizations in section 201,
$200,156,000 shall be available for the Joint Advanced Strike
Technology (JAST) program. Of that amount--
(1) $83,795,000 shall be available for program
element 63800N in the budget of the Department of
Defense for fiscal year 1996;
(2) $85,686,000 shall be available for program
element 63800F in such budget; and
(3) $30,675,000 shall be available for program
element 63800E in such budget.
(b) Additional Allocation.--Of the amounts made available
under paragraphs (1), (2), and (3) of subsection (a)--
(1) $25,000,000 shall be available from the amount
authorized to be appropriated pursuant to the
authorization in section 201(2) for the conduct, during
fiscal year 1996, of a 6-month program definition phase
for the A/F117X, an F-117 fighter aircraft modified for
use by the Navy as a long-range, medium attack
aircraft; and
(2) $7,000,000 shall be available to provide for
competitive engine concepts.
(c) Limitation.--Not more than 75 percent of the amount
appropriated for the Joint Advanced Strike Technology program
pursuant to the authorizations in section 201 may be obligated
until a period of 30 days has expired after the report required
by subsection (d) is submitted to the congressional defense
committees.
(d) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified and
classified forms, not later than March 1, 1996, that sets forth
in detail the following information for the period 1997 through
2005:
(1) The total joint requirement, assuming the
capability to successfully conduct two nearly
simultaneous major regional contingencies, for the
following:
(A) Numbers of bombers, tactical combat
aircraft, and attack helicopters and the
characteristics required of those aircraft in
terms of capabilities, range, and low-
observability.
(B) Surface- and air-launched standoff
precision guided munitions.
(C) Cruise missiles.
(D) Ground-based systems, such as the
Extended Range-Multiple Launch Rocket System
and the Army Tactical Missile System (ATACMS),
for joint warfighting capability.
(2) The warning time assumptions for two nearly
simultaneous major regional contingencies, and the
effects on future tactical attack/fighter aircraft
requirements using other warning time assumptions.
(3) The requirements that exist for the Joint
Advanced Strike Technology program that cannot be met
by existing aircraft or by those in development.
SEC. 214. DEVELOPMENT OF LASER PROGRAM.
Of the amount authorized to be appropriated by section
201(2), $9,000,000 shall be used for the development by the
Naval High Energy Laser Office of a continuous wave,
superconducting radio frequency free electron laser program.
SEC. 215. NAVY MINE COUNTERMEASURES PROGRAM.
Section 216(a) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1317) is amended--
(1) by striking out ``Director, Defense Research
and Engineering'' and inserting in lieu thereof ``Under
Secretary of Defense for Acquisition and Technology'';
and
(2) by striking out ``fiscal years 1995 through
1999'' and inserting in lieu thereof ``fiscal years
1996 through 1999''.
SEC. 216. SPACE-BASED INFRARED SYSTEM.
(a) Program Baseline.--The Secretary of Defense shall
establish a program baseline for the Space-Based Infrared
System. Such baseline shall--
(1) include--
(A) program cost and an estimate of the
funds required for development and acquisition
activities for each fiscal year in which such
activities are planned to be carried out;
(B) a comprehensive schedule with program
milestones and exit criteria; and
(C) optimized performance parameters for
each segment of an integrated space-based
infrared system;
(2) be structured to achieve initial operational
capability of the low earth orbit space segment (the
Space and Missile Tracking System) in fiscal year 2003,
with a first launch of Block I satellites in fiscal
year 2002;
(3) ensure integration of the Space and Missile
Tracking System into the architecture of the Space-
Based Infrared System; and
(4) ensure that the performance parameters of all
space segment components are selected so as to optimize
the performance of the Space-Based Infrared System
while minimizing unnecessary redundancy and cost.
(b) Report on Program Baseline.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a
report, in classified and unclassified forms as necessary, on
the program baseline established under subsection (a).
(c) Establishment of Program Elements.--In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for any fiscal year after fiscal
year 1996 (as submitted in the budget of the President under
section 1105(a) of title 31, United States Code), the amount
requested for the Space-Based Infrared System shall be set
forth in accordance with the following program elements:
(1) Space Segment High.
(2) Space Segment Low (Space and Missile Tracking
System).
(3) Ground Segment.
(d) Funding for Fiscal Year 1996.--Of the amounts
authorized to be appropriated pursuant to section 201(3) for
fiscal year 1996, or otherwise made available to the Department
of Defense for fiscal year 1996, the following amounts shall be
available for the Space-Based Infrared System:
(1) $265,744,000 for demonstration and validation,
of which $249,824,000 shall be available for the Space
and Missile Tracking System.
(2) $162,219,000 for engineering and manufacturing
development, of which $9,400,000 shall be available for
the Miniature Sensor Technology Integration program.
SEC. 217. DEFENSE NUCLEAR AGENCY PROGRAMS.
(a) Agency Funding.--Of the amounts authorized to be
appropriated to the Department of Defense in section 201,
$241,703,000 shall be available for the Defense Nuclear Agency.
(b) Tunnel Characterization and Neutralization Program.--Of
the amount made available under subsection (a), $3,000,000
shall be available for a tunnel characterization and
neutralization program to be managed by the Defense Nuclear
Agency as part of the counterproliferation activities of the
Department of Defense.
(c) Long-Term Radiation Tolerant Microelectronics
Program.--(1) Of the amount made available under subsection
(a), $6,000,000 shall be available for the establishment of a
long-term radiation tolerant microelectronics program to be
managed by the Defense Nuclear Agency for the purposes of--
(A) providing for the development of affordable and
effective hardening technologies and for incorporation
of such technologies into systems;
(B) sustaining the supporting industrial base; and
(C) ensuring that a use of a nuclear weapon in
regional threat scenarios does not interrupt or defeat
the continued operability of systems of the Armed
Forces exposed to the combined effects of radiation
emitted by the weapon.
(2) Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress
a report on how the long-term radiation tolerant
microelectronics program is to be conducted and funded in the
fiscal years after fiscal year 1996 that are covered by the
future-years defense program submitted to Congress in 1995.
(d) 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.
SEC. 218. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated to
the Department of Defense under section 201(4), $138,237,000
shall be available for the Counterproliferation Support
Program, of which $30,000,000 shall be available for a tactical
antisatellite technologies program.
(b) Additional Authority To Transfer Authorizations.--(1)
In addition to the transfer authority provided in section 1001,
upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 1996 to
counterproliferation programs, projects, and activities
identified as areas for progress by the Counterproliferation
Program Review Committee established by section 1605 of the
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160; 107 Stat. 1845). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) The total amount of authorizations transferred under
the authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer
authorizations--
(A) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(B) may not be used to provide authority for an
item that has been denied authorization by Congress.
(4) A transfer made from one account to another under the
authority of this subsection shall be deemed to increase the
amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress
of transfers made under the authority of this subsection.
SEC. 219. NONLETHAL WEAPONS STUDY.
(a) Findings.--Congress finds the following:
(1) The role of the United States military in
operations other than war has increased.
(2) Weapons and instruments that are nonlethal in
application yet immobilizing could have widespread
operational utility and application.
(3) The use of nonlethal weapons in operations
other than war poses a number of important doctrine,
legal, policy, and operations questions which should be
addressed in a comprehensive and coordinated manner.
(4) The development of nonlethal technologies
continues to spread across military and agency budgets.
(5) The Department of Defense should provide
improved budgetary focus and management direction to
the nonlethal weapons program.
(b) Responsibility for Development of Nonlethal Weapons
Technology.--Not later than February 15, 1996, the Secretary of
Defense shall assign centralized responsibility for development
(and any other functional responsibility the Secretary
considers appropriate) of nonlethal weapons technology to an
existing office within the Office of the Secretary of Defense
or to a military service as the executive agent.
(c) Report.--Not later than February 15, 1996, the
Secretary of Defense shall submit to Congress a report setting
forth the following:
(1) The name of the office or military service
assigned responsibility for the nonlethal weapons
program by the Secretary of Defense pursuant to
subsection (b) and a discussion of the rationale for
such assignment.
(2) The degree to which nonlethal weapons are
required by more than one of the armed forces.
(3) The time frame for the development and
deployment of such weapons.
(4) The appropriate role of the military
departments and defense agencies in the development of
such weapons.
(5) The military doctrine, legal, policy, and
operational issues that must be addressed by the
Department of Defense before such weapons achieve
operational capability.
(d) Authorization.--Of the amount authorized to be
appropriated under section 201(4), $37,200,000 shall be
available for nonlethal weapons programs and nonlethal
technologies programs.
(e) Definition.--For purposes of this section, the term
``nonlethal weapon'' means a weapon or instrument the effect of
which on human targets is less than fatal.
SEC. 220. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS AND
UNIVERSITY-AFFILIATED RESEARCH CENTERS.
(a) Centers Covered.--Funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996
pursuant to an authorization of appropriations in section 201
may be obligated to procure work from a federally funded
research and development center (in this section referred to as
an ``FFRDC'') or a university-affiliated research center (in
this section referred to as a ``UARC'') only in the case of a
center named in the report required by subsection (b) and, in
the case of such a center, only in an amount not in excess of
the amount of the proposed funding level set forth for that
center in such report.
(b) Report on Allocations for Centers.--(1) Not later than
30 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report containing--
(A) the name of each FFRDC and UARC from which work
is proposed to be procured for the Department of
Defense for fiscal year 1996; and
(B) for each such center, the proposed funding
level and the estimated personnel level for fiscal year
1996.
(2) The total of the proposed funding levels set forth in
the report for all FFRDCs and UARCs may not exceed the amount
set forth in subsection (d).
(c) Limitation Pending Submission of Report.--Not more than
15 percent of the funds appropriated or otherwise made
available for the Department of Defense for fiscal year 1996
pursuant to an authorization of appropriations in section 201
for FFRDCs and UARCs may be obligated to procure work from an
FFRDC or UARC until the Secretary of Defense submits the report
required by subsection (b).
(d) Funding.--Of the amounts authorized to be appropriated
by section 201, not more than a total of $1,668,850,000 may be
obligated to procure services from the FFRDCs and UARCs named
in the report required by subsection (b).
(e) Authority To Waive Funding Limitation.--The Secretary
of Defense may waive the limitation regarding the maximum
funding amount that applies under subsection (a) to an FFRDC or
UARC. Whenever the Secretary proposes to make such a waiver,
the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives notice of the proposed waiver and the
reasons for the waiver. The waiver may then be made only after
the end of the 60-day period that begins on the date on which
the notice is submitted to those committees, unless the
Secretary determines that it is essential to the national
security that funds be obligated for work at that center in
excess of that limitation before the end of such period and
notifies those committees of that determination and the reasons
for the determination.
(f) Five-Year Plan.--(1) The Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall develop a five-year plan to reduce and consolidate the
activities performed by FFRDCs and UARCs and establish a
framework for the future workload of such centers.
(2) The plan shall--
(A) set forth the manner in which the Secretary of
Defense could achieve by October 1, 2000,
implementation by FFRDCs and UARCs of only those core
activities, as defined by the Secretary, that require
the unique capabilities and arrangements afforded by
such centers; and
(B) include an assessment of the number of
personnel needed in each FFRDC and UARC during each
year over the five years covered by the plan.
(3) Not later than February 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan required by this subsection.
SEC. 221. JOINT SEISMIC PROGRAM AND GLOBAL SEISMIC NETWORK.
Of the amount authorized to be appropriated under section
201(3), $9,500,000 shall be available for fiscal year 1996 (in
program element 61101F in the budget of the Department of
Defense for fiscal year 1996) for continuation of the Joint
Seismic Program and Global Seismic Network.
SEC. 222. HYDRA-70 ROCKET PRODUCT IMPROVEMENT PROGRAM.
(a) Funding Authorization.--Of the amount authorized to be
appropriated under section 201(1) for Other Missile Product
Improvement Programs, $10,000,000 is authorized to be
appropriated for a Hydra-70 rocket product improvement program
and to be made available under such program for full
qualification and operational platform certification of a
Hydra-70 rocket described in subsection (b) for use on the
Apache attack helicopter.
(b) Hydra-70 Rocket Covered.--The Hydra-70 rocket referred
to in subsection (a) is any Hydra-70 rocket that has as its
propulsion component a 2.75-inch rocket motor that is a
nondevelopmental item and uses a composite propellant.
(c) Competition Required.--The Secretary of the Army shall
conduct the product improvement program referred to in
subsection (a) with full and open competition.
(d) Submission of Technical Data Package Required.--Upon
the full qualification and operational platform certification
of a Hydra-70 rocket as described in subsection (a), the
contractor providing the rocket so qualified and certified
shall submit the technical data package for the rocket to the
Secretary of the Army. The Secretary shall use the technical
data package in competitions for contracts for the procurement
of Hydra-70 rockets described in subsection (b) for the Army.
(e) Definitions.--For purposes of this section, the terms
``full and open competition'' and ``nondevelopmental item''
have the meanings given such terms in section 4 of the Office
of Federal Procurement Policy Act (41 U.S.C. 403).
SEC. 223. LIMITATION ON OBLIGATION OF FUNDS UNTIL RECEIPT OF ELECTRONIC
COMBAT CONSOLIDATION MASTER PLAN.
(a) Limitation.--Not more than 75 percent of the amounts
appropriated or otherwise made available pursuant to the
authorization of appropriations in section 201 for test and
evaluation program elements 65896A, 65864N, 65807F, and 65804D
in the budget of the Department of Defense for fiscal year 1996
may be obligated until 14 days after the date on which the
congressional defense committees receive the plan specified in
subsection (b).
(b) Plan.--The plan referred to in subsection (a) is the
master plan for electronic combat consolidation described under
Defense-Wide Programs under Research, Development, Test, and
Evaluation in the Report of the Committee on Armed Services of
the House of Representatives on H.R. 4301 (House Report 103-
499), dated May 10, 1994.
SEC. 224. OBLIGATION OF CERTAIN FUNDS DELAYED UNTIL RECEIPT OF REPORT
ON SCIENCE AND TECHNOLOGY RESCISSIONS.
(a) Delay in Obligation of Certain Funds.--None of the
amounts appropriated or otherwise made available pursuant to
the authorization in section 201(4) may be obligated until 14
days after the date on which the congressional defense
committees receive a report by the Under Secretary of Defense
(Comptroller) that sets forth in detail the allocation of
rescissions for science and technology described in subsection
(b).
(b) Description of Rescissions.--The rescissions for
science and technology covered by subsection (a) are the Army,
Navy, Air Force, and Defense-wide science and technology (1995/
1996) rescissions that are made by the Emergency Supplemental
Appropriations and Rescissions for the Department of Defense to
Preserve and Enhance Military Readiness Act of 1995 (Public Law
104-6), as set forth in the Joint Explanatory Statement of the
Committee of Conference in the conference report accompanying
that Act (House Report 104-101).
SEC. 225. OBLIGATION OF CERTAIN FUNDS DELAYED UNTIL RECEIPT OF REPORT
ON REDUCTIONS IN RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
(a) Delay in Obligation of Certain Funds.--Not more than 50
percent of the amounts appropriated or otherwise made available
pursuant to the authorization in section 201(4) may be
obligated until 14 days after the date on which the
congressional defense committees receive a report by the Under
Secretary of Defense (Comptroller) 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.<greek-l>8129(b) deg.
(2) Reductions to reflect savings from revised
economic assumptions.<greek-l>8125 deg.
(3) Reductions to reflect the funding ceiling for
defense federally funded research and development
centers.<greek-l>8046(d) deg.
(4) Reductions for savings through improved
management of contractor automatic data processing
costs charged through indirect rates on Department of
Defense acquisition contracts.<greek-l>8101 deg.
SEC. 226. ADVANCED FIELD ARTILLERY SYSTEM (CRUSADER).
(a) Authority To Use Funds for Alternative Propellant
Technologies.--During fiscal year 1996, the Secretary of the
Army may use funds appropriated for the liquid propellant
portion of the Advanced Field Artillery System (Crusader)
program for fiscal year 1996 for alternative propellant
technologies and integration of those technologies into the
design of the Crusader if--
(1) the Secretary determines that the technical
risk associated with liquid propellant will increase
costs and delay the initial operational capability of
the Crusader; and
(2) the Secretary notifies the congressional
defense committees of the proposed use of the funds and
the reasons for the proposed use of the funds.
(b) Limitation.--The Secretary of the Army may not spend
funds for the liquid propellant portion of the Crusader program
after August 15, 1996, unless--
(1) the report required by subsection (c) has been
submitted by that date; and
(2) such report includes documentation of
significant progress, as determined by the Secretary,
toward meeting the objectives for the liquid propellant
portion of the program, as set forth in the baseline
description for the Crusader program and approved by
the Office of the Secretary of Defense on January 4,
1995.
(c) Report Required.--Not later than August 1, 1996, the
Secretary of the Army shall submit to the congressional defense
committees a report containing documentation of the progress
being made in meeting the objectives set forth in the baseline
description for the Crusader program and approved by the Office
of the Secretary of Defense on January 4, 1995. The report
shall specifically address the progress being made toward
meeting the following objectives:
(1) Establishment of breech and ignition design
criteria for rate of fire for the cannon of the
Crusader.
(2) Selection of a satisfactory ignition concept
for the next prototype of the cannon.
(3) Selection, on the basis of modeling and
simulation, of design concepts to prevent chamber
piston reversals, and validation of the selected
concepts by gun and mock chamber firings.
(4) Achievement of an understanding of the
chemistry and physics of propellant burn resulting from
the firing of liquid propellant into any target zone,
and achievement, on the basis of modeling and
simulation, of an ignition process that is predictable.
(5) Completion of an analysis of the management of
heat dissipation for the full range of performance
requirements for the cannon, completion of concept
designs supported by that analysis, and proposal of
such concept designs for engineering.
(6) Development, for integration into the next
prototype of the cannon, of engineering designs to
control pressure oscillations in the chamber of the
cannon during firing.
(7) Completion of an assessment of the sensitivity
of liquid propellant to contamination by various
materials to which it may be exposed throughout the
handling and operation of the cannon, and documentation
of predictable reactions of contaminated or sensitized
liquid propellant.
(d) Additional Matters To Be Covered by Report.--The report
required by subsection (c) also shall contain the following:
(1) An assertion that all the known hazards
associated with liquid propellant have been identified
and are controllable to acceptable levels.
(2) An assessment of the technology for each
component of the Crusader (the cannon, vehicle, and
crew module), including, for each performance goal of
the Crusader program (including the goal for total
system weight), information about the maturity of the
technology to achieve that goal, the maturity of the
design of the technology, and the manner in which the
design has been proven (for example, through
simulation, bench testing, or weapon firing).
(3) An assessment of the cost of continued
development of the Crusader after August 1, 1996, and
the cost of each unit of the Crusader in the year the
Crusader will be completed.
SEC. 227. DEMILITARIZATION OF CONVENTIONAL MUNITIONS, ROCKETS, AND
EXPLOSIVES.
Of the amount appropriated pursuant to the authorization in
section 201 for explosives demilitarization technology,
$15,000,000 shall be available to establish an integrated
program for the development and demonstration of conventional
munitions and explosives demilitarization technologies that
comply with applicable environmental laws for the
demilitarization and disposal of unserviceable, obsolete, or
nontreaty compliant munitions, rocket motors, and explosives.
SEC. 228. DEFENSE AIRBORNE RECONNAISSANCE PROGRAM.
(a) Limitation.--Not more than three percent of the total
amount appropriated for research and development under the
Defense Airborne Reconnaissance program pursuant to the
authorizations of appropriations in section 201 may be
obligated for systems engineering and technical assistance
(SETA) contracts until--
(1) funds are obligated (out of such appropriated
funds) for--
(A) the upgrade of U-2 aircraft senior year
electro-optical reconnaissance sensors to the
newest configuration; and
(B) the upgrade of the U-2 SIGINT system;
and
(2) the Under Secretary of Defense for Acquisition
and Technology submits the report required under
subsection (b).
(b) Report on U-2-Related Upgrades.--(1) Not later than
April 1, 1996, the Under Secretary of Defense for Acquisition
and Technology shall transmit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on obligations of
funds for upgrades relating to airborne reconnaissance by U-2
aircraft.
(2) The report shall set forth the specific purposes under
the general purposes described in subparagraphs (A) and (B) of
subsection (a)(1) for which funds have been obligated (as of
the date of the report) and the amounts that have been
obligated (as of such date) for those specific purposes.
Subtitle C--Ballistic Missile Defense Act of 1995
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Ballistic Missile
Defense Act of 1995''.
SEC. 232. FINDINGS.
Congress makes the following findings:
(1) The emerging threat that is posed to the
national security interests of the United States by the
proliferation of ballistic missiles is significant and
growing, both in terms of numbers of missiles and in
terms of the technical capabilities of those missiles.
(2) The deployment of ballistic missile defenses is
a necessary, but not sufficient, element of a broader
strategy to discourage both the proliferation of
weapons of mass destruction and the proliferation of
the means of their delivery and to defend against the
consequences of such proliferation.
(3) The deployment of effective Theater Missile
Defense systems can deter potential adversaries of the
United States from escalating a conflict by threatening
or attacking United States forces or the forces or
territory of coalition partners or allies of the United
States with ballistic missiles armed with weapons of
mass destruction to offset the operational and
technical advantages of the United States and its
coalition partners and allies.
(4) United States intelligence officials have
provided intelligence estimates to congressional
committees that (A) the trend in missile proliferation
is toward longer range and more sophisticated ballistic
missiles, (B) North Korea may deploy an
intercontinental ballistic missile capable of reaching
Alaska or beyond within five years, and (C) although a
new, indigenously developed ballastic missile threat to
the continental United States is not foreseen within
the next ten years, determined countries can acquire
intercontinental ballistic missiles in the near future
and with little warning by means other than indigenous
development.
(5) The development and deployment by the United
States and its allies of effective defenses against
ballistic missiles of all ranges will reduce the
incentives for countries to acquire such missiles or to
augment existing missile capabilities.
(6) The concept of mutual assured destruction
(based upon an offense-only form of deterrence), which
is the major philosophical rationale underlying the ABM
Treaty, is now questionable as a basis for stability in
a multipolar world in which the United States and the
states of the former Soviet Union are seeking to
normalize relations and eliminate Cold War attitudes
and arrangements.
(7) The development and deployment of a National
Missile Defense system against the threat of limited
ballistic missile attacks--
(A) would strengthen deterrence at the
levels of forces agreed to by the United States
and Russia under the Strategic Arms Reduction
Talks Treaty (START-I); and
(B) would further strengthen deterrence if
reductions below the levels permitted under
START-I should be agreed to and implemented in
the future.
(8) The distinction made during the Cold War, based
upon the technology of the time, between strategic
ballistic missiles and nonstrategic ballistic missiles,
which resulted in the distinction made in the ABM
Treaty between strategic defense and nonstrategic
defense, has become obsolete because of technological
advancement (including the development by North Korea
of long-range Taepo-Dong I and Taepo-Dong II missiles)
and, therefore, that distinction in the ABM Treaty
should be reviewed.
SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
It is the policy of the United States--
(1) to deploy affordable and operationally
effective theater missile defenses to protect forward-
deployed and expeditionary elements of the Armed Forces
of the United States and to complement the missile
defense capabilities of forces of coalition partners
and of allies of the United States;
(2) to--
(A) deploy a National Missile Defense
system that--
(i) is affordable and operationally
effective against limited, accidental,
or unauthorized ballistic missile
attacks on the territory of the United
States; and
(ii) can be augmented over time as
the threat changes to provide a layered
defense against limited, accidental, or
unauthorized ballistic missile threats;
(B) initiate negotiations with the Russian
Federation as necessary to provide for the
National Missile Defense system specified in
section 235; and
(C) consider, if those negotiations fail,
the option of withdrawing from the ABM Treaty
in accordance with the provisions of Article XV
of that treaty, subject to consultations
between the President and the Congress;
(3) to ensure congressional review, before
deployment of the system specified in paragraph (2), of
(A) the affordability and operational effectiveness of
such system, (B) the threat to be countered by such a
system, and (C) ABM Treaty considerations with respect
to such a system; and
(4) to seek a cooperative, negotiated transition to
a regime that does not feature an offense-only form of
deterrence as the basis for strategic stability.
SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
(a) Establishment of Core Program.--To implement the policy
established in paragraph (1) of section 233, the Secretary of
Defense shall restructure the core theater missile defense
program to consist of the following systems, to be carried out
so as to achieve the specified capabilities:
(1) The Patriot PAC-3 system, with a first unit
equipped (FUE) during fiscal year 1998.
(2) The Navy Lower Tier (Area) system, with a user
operational evaluation system (UOES) capability during
fiscal year 1997 and an initial operational capability
(IOC) during fiscal year 1999.
(3) The Theater High-Altitude Area Defense (THAAD)
system, with a user operational evaluation system
(UOES) capability not later than fiscal year 1998 and a
first unit equipped (FUE) not later than fiscal year
2000.
(4) The Navy Upper Tier (Theater Wide) system, with
a user operational evaluation system (UOES) capability
during fiscal year 1999 and an initial operational
capability (IOC) during fiscal year 2001.
(b) Use of Streamlined Acquisition Procedures.--The
Secretary of Defense shall prescribe and use streamlined
acquisition policies and procedures to reduce the cost and
increase the efficiency of developing and deploying the theater
missile defense systems specified in subsection (a).
(c) Interoperability and Support of Core Systems.--To
maximize effectiveness and flexibility of the systems
comprising the core theater missile defense program, the
Secretary of Defense shall ensure that those systems are
integrated and complementary and are fully capable of
exploiting external sensor and battle management support from
systems such as--
(A) the Cooperative Engagement Capability (CEC)
system of the Navy;
(B) airborne sensors; and
(C) space-based sensors (including, in particular,
the Space and Missile Tracking System).
(d) Follow-on Systems.--(1) The Secretary of Defense shall
prepare an affordable development plan for theater missile
defense systems to be developed as follow-on systems to the
core systems specified in subsection (a). The Secretary shall
make the selection of a system for inclusion in the plan based
on the capability of the system to satisfy military
requirements not met by the systems in the core program and on
the capability of the system to use prior investments in
technologies, infrastructure, and battle-management
capabilities that are incorporated in, or associated with, the
systems in the core program.
(2) The Secretary may not proceed with the development of a
follow-on theater missile defense system beyond the
Demonstration/Validation stage of development unless the
Secretary designates that system as a part of the core program
under this section and submits to the congressional defense
committees notice of that designation. The Secretary shall
include with any such notification a report describing--
(A) the requirements for the system and the
specific threats that such system is designed to
counter;
(B) how the system will relate to, support, and
build upon existing core systems;
(C) the planned acquisition strategy for the
system; and
(D) a preliminary estimate of total program cost
for that system and the effect of development and
acquisition of such system on Department of Defense
budget projections.
(e) Program Accountability Report.--(1) As part of the
annual report of the Ballistic Missile Defense Organization
required by section 224 of Public Law 101-189 (10 U.S.C. 2431
note), the Secretary of Defense shall describe the technical
milestones, the schedule, and the cost of each phase of
development and acquisition (together with total estimated
program costs) for each core and follow-on theater missile
defense program.
(2) As part of such report, the Secretary shall describe,
with respect to each program covered in the report, any
variance in the technical milestones, program schedule
milestones, and costs for the program compared with the
information relating to that program in the report submitted in
the previous year and in the report submitted in the first year
in which that program was covered.
(f) Reports on TMD System Limitations Under ABM Treaty.--
(1) Whenever, after January 1, 1993, the Secretary of Defense
issues a certification with respect to the compliance of a
particular Theater Missile Defense system with the ABM Treaty,
the Secretary shall transmit to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives a copy of such certification. Such
transmittal shall be made not later than 30 days after the date
on which such certification is issued, except that in the case
of a certification issued before the date of the enactment of
this Act, such transmittal shall be made not later than 60 days
after the date of the enactment of this Act.
(2) If a certification under paragraph (1) is based on
application of a policy concerning United States compliance
with the ABM Treaty that differs from the policy of the United
States specified in section 237(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
of the United States specified in section 237(b)(1);
and
(B) how the application of that policy (rather than
the policy specified in section 237(b)(1)) will affect
the cost, schedule, and performance of that system.
SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
(a) Requirement for Development of System.--To implement
the policy established in paragraph (2) of section 233, the
Secretary of Defense shall develop for deployment an affordable
and operationally effective National Missile Defense (NMD)
system which shall achieve an initial operational capability
(IOC) by the end of 2003.
(b) Elements of the NMD System.--The system to be developed
for deployment shall include the following elements:
(1) Ground-based interceptors capable of being
deployed at multiple sites, the locations and numbers
of which are to be determined so as to optimize
defensive coverage of the continental United States,
Alaska, and Hawaii against limited, accidental, or
unauthorized ballistic missile attacks.
(2) Fixed ground-based radars.
(3) Space-based sensors, including the type of
space-based sensors known as ABM-adjunct sensors (and
specifically including the system known as the Space
and Missile Tracking System), such ABM-adjunct
sensors--
(A) not being prohibited by the ABM Treaty;
and
(B) being capable of cuing ground-based
anti-ballistic missile interceptors and of
providing initial targeting vectors.
(4) Battle management, command, control, and
communications (BM/C<SUP>3).
(c) Implementation.--The Secretary shall--
(1) during fiscal year 1996 initiate required
preparatory and planning actions (such as initial site
surveys and selection and planning for the necessary
environmental impact studies) that are necessary so as
to be capable of meeting the initial operational
capability (IOC) date specified in subsection (a);
(2) plan to conduct by the end of 1998 an
integrated systems test which uses elements (including
BM/C<SUP>3 elements) that are representative of and
traceable to the national missile defense system
architecture specified in subsection (b);
(3) prescribe and use streamlined acquisition
policies and procedures to reduce the cost and increase
the efficiency of developing the system specified in
subsection (b); and
(4) develop an affordable NMD follow-on program
which--
(A) leverages off of the NMD system
specified in subsection (a), and
(B) can augment that system, as the threat
changes, to provide for a layered defense.
(d) Report on Plan for NMD System Development and
Deployment.--Not later than the date on which the President
submits the budget for fiscal year 1997 under section 1105 of
title 31, United States Code, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the following matters:
(1) The Secretary's plan for carrying out this
section.
(2) The Secretary's estimate of the appropriations
required for research, development, test, evaluation,
and for procurement, for each of fiscal years 1997
through 2003 in order to achieve the initial
operational capability date specified in subsection
(a).
(3) A sensitivity analysis of options to improve
the effectiveness of such system by adding one or a
combination of the following:
(A) Additional ground-based interceptors.
(B) Sea-based missile defense systems.
(C) Space-based kinetic energy
interceptors.
(D) Space-based directed energy systems.
(4) A determination of the point at which any
activity that is required to be carried out under this
section and section 233(2) would conflict with the
terms of the ABM Treaty, together with a description of
any such activity, the legal basis for the Secretary's
determination, and an estimate of the time at which
such point would be reached in order to meet the
initial operational capability date specified in
subsection (a).
SEC. 236. POLICY REGARDING THE ABM TREATY.
(a) Findings.--Congress makes the following findings:
(1) Article XIII of the ABM Treaty envisions
``possible changes in the strategic situation which
have a bearing on the provisions of this treaty''.
(2) Articles XIII and XIV of the treaty establish
means for the parties to amend the treaty, and the
parties have in the past used those means to amend the
treaty.
(3) Article XV of the treaty establishes the means
for a party to withdraw from the treaty, upon six
months notice ``if it decides that extraordinary events
related to the subject matter of this treaty have
jeopardized its supreme interests''.
(4) The policies, programs, and requirements of
this subtitle can be accomplished through processes
specified within, or consistent with, the ABM Treaty,
which anticipates the need and provides the means for
amendment to the Treaty.
(5) Previous discussions between the United States
and Russia, based on Russian President Yeltsin's
proposal for a Global Protection System, held promise
of an agreement to amend the ABM Treaty to allow (among
other measures) deployment of as many as four ground-
based interceptor sites in addition to the one site
permitted under the ABM Treaty and unrestricted
exploitation of sensors based within the atmosphere and
in space.
(b) ABM Treaty Negotiations.--In light of the findings in
subsection (a), Congress urges the President to pursue high-
level discussions with the Russian Federation to amend the ABM
Treaty to allow--
(1) deployment of multiple ground-based ABM sites
to provide effective defense of the territory of the
United States against limited ballistic missile attack;
(2) the unrestricted exploitation of sensors based
within the atmosphere and in space; and
(3) increased flexibility for development, testing,
and deployment of follow-on NMD systems.
SEC. 237. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTERNATIONAL
AGREEMENT CONCERNING THEATER MISSILE DEFENSE
SYSTEMS.
(a) Findings.--(1) Congress hereby reaffirms--
(A) the finding in section 234(a)(7) of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1595; 10 U.S.C. 2431
note) that the ABM Treaty was not intended to, and does
not, apply to or limit research, development, testing,
or deployment of missile defense systems, system
upgrades, or system components that are designed to
counter modern theater ballistic missiles, regardless
of the capabilities of such missiles, unless those
systems, system upgrades, or system components are
tested against or have demonstrated capabilities to
counter modern strategic ballistic missiles; and
(B) the statement in section 232 of the National
Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2700) that the United States
shall not be bound by any international agreement
entered into by the President that would substantively
modify the ABM Treaty unless the agreement is entered
into pursuant to the treaty making power of the
President under the Constitution.
(2) Congress also finds that the demarcation standard
described in subsection (b)(1) for compliance of a missile
defense system, system upgrade, or system component with the
ABM Treaty is based upon current technology.
(b) Sense of Congress Concerning Compliance Policy.--It is
the sense of Congress that--
(1) unless a missile defense system, system
upgrade, or system component (including one that
exploits data from space-based or other external
sensors) is flight tested in an ABM-qualifying flight
test (as defined in subsection (e)), that system,
system upgrade, or system component has not, for
purposes of the ABM Treaty, been tested in an ABM mode
nor been given capabilities to counter strategic
ballistic missiles and, therefore, is not subject to
any application, limitation, or obligation under the
ABM Treaty ; and
(2) any international agreement that would limit
the research, development, testing, or deployment of
missile defense systems, system upgrades, or system
components that are designed to counter modern theater
ballistic missiles in a manner that would be more
restrictive than the compliance criteria specified in
paragraph (1) should be entered into only pursuant to
the treaty making powers of the President under the
Constitution.
(c) Prohibition on Funding.--Funds appropriated or
otherwise made available to the Department of Defense for
fiscal year 1996 may not be obligated or expended to implement
an agreement, or any understanding with respect to
interpretation of the ABM Treaty, between the United States and
any of the independent states of the former Soviet Union
entered into after January 1, 1995, that--
(1) would establish a demarcation between theater
missile defense systems and anti-ballistic missile
systems for purposes of the ABM Treaty; or
(2) would restrict the performance, operation, or
deployment of United States theater missile defense
systems.
(d) Exceptions.--Subsection (c) does not apply--
(1) to the extent provided by law in an Act enacted
after this Act;
(2) to expenditures to implement that portion of
any such agreement or understanding that implements the
policy set forth in subsection (b)(1); or
(3) to expenditures to implement any such agreement
or understanding that is approved as a treaty or by
law.
(e) ABM-Qualifying Flight Test Defined.--For purposes of
this section, an ABM-qualifying flight test is a flight test
against a ballistic missile which, in that flight test, exceeds
(1) a range of 3,500 kilometers, or (2) a velocity of 5
kilometers per second.
SEC. 238. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
It is in the interest of the United States to develop its
own missile defense capabilities in a manner that will permit
the United States to complement the missile defense
capabilities developed and deployed by its allies and possible
coalition partners. Therefore, the Congress urges the
President--
(1) to pursue high-level discussions with allies of
the United States and selected other states on the
means and methods by which the parties on a bilateral
basis can cooperate in the development, deployment, and
operation of ballistic missile defenses;
(2) to take the initiative within the North
Atlantic Treaty Organization to develop consensus in
the Alliance for a timely deployment of effective
ballistic missile defenses by the Alliance; and
(3) in the interim, to seek agreement with allies
of the United States and selected other states on steps
the parties should take, consistent with their national
interests, to reduce the risks posed by the threat of
limited ballistic missile attacks, such steps to
include--
(A) the sharing of early warning
information derived from sensors deployed by
the United States and other states;
(B) the exchange on a reciprocal basis of
technical data and technology to support both
joint development programs and the sale and
purchase of missile defense systems and
components; and
(C) operational level planning to exploit
current missile defense capabilities and to
help define future requirements.
SEC. 239. 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. 240. REPEAL OF MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (10 U.S.C. 2431 note) is
repealed.
Subtitle D--Other Ballistic Missile Defense Provisions
SEC. 251. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) Elements Specified.--In the budget justification
materials submitted to Congress in support of the Department of
Defense budget for any fiscal year after fiscal year 1996 (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code), the amount requested
for activities of the Ballistic Missile Defense Organization
shall be set forth in accordance with the following program
elements:
(1) The Patriot system.
(2) The Navy Lower Tier (Area) system.
(3) The Theater High-Altitude Area Defense (THAAD)
system.
(4) The Navy Upper Tier (Theater Wide) system.
(5) The Corps Surface-to-Air Missile (SAM) system.
(6) Other Theater Missile Defense Activities.
(7) National Missile Defense.
(8) Follow-On and Support Technologies.
(b) Treatment of Core Theater Missile Defense Programs.--
Amounts requested for core theater missile defense programs
specified in section 234 shall be specified in individual,
dedicated program elements, and amounts appropriated for such
programs shall be available only for activities covered by
those program elements.
(c) BM/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) 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).
(4) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100-463; 102 Stat.
2270-40).
(5) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 105 Stat.
1211).
(6) Section 234 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1595; 10 U.S.C. 2431 note).
(7) Section 242 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1603; 10 U.S.C. 2431 note).
(8) Section 235 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2701; 10 U.S.C. 221 note).
(9) Section 2609 of title 10, United States Code.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 261. PRECISION-GUIDED MUNITIONS.
(a) Analysis Required.--The Secretary of Defense shall
perform an analysis of the full range of precision-guided
munitions in production and in research, development, test, and
evaluation in order to determine the following:
(1) The numbers and types of precision-guided
munitions that are needed to provide complementary
capabilities against each target class.
(2) The feasibility of carrying out joint
development and procurement of additional types of
munitions by more than one of the Armed Forces.
(3) The feasibility of integrating a particular
precision-guided munition on multiple service
platforms.
(4) The economy and effectiveness of continuing the
acquisition of--
(A) interim precision-guided munitions; or
(B) precision-guided munitions that, as a
result of being procured in decreasing numbers
to meet decreasing quantity requirements, have
increased in cost per unit by more than 50
percent over the cost per unit for such
munitions as of December 1, 1991.
(b) Report.--(1) Not later than April 15, 1996, the
Secretary shall submit to Congress a report on the findings and
other results of the analysis.
(2) The report shall include a detailed discussion of the
process by which the Department of Defense--
(A) approves the development of new precision-
guided munitions;
(B) avoids duplication and redundancy in the
precision-guided munitions programs of the Army, Navy,
Air Force, and Marine Corps;
(C) ensures rationality in the relationship between
the funding plans for precision-guided munitions
modernization for fiscal years following fiscal year
1996 and the costs of such modernization for those
fiscal years; and
(D) identifies by name and function each person
responsible for approving each new precision-guided
munition for initial low-rate production.
(c) Funding Limitation.--Funds authorized to be
appropriated by this Act may not be expended for research,
development, test, and evaluation or procurement of interim
precision-guided munitions after April 15, 1996, unless the
Secretary of Defense has submitted the report under subsection
(b).
(d) Interim Precision-Guided Munition Defined.--For
purposes of subsection (c), a precision-guided munition is an
interim precision-guided munition if the munition is being
procured in fiscal year 1996, but funding is not proposed for
additional procurement of the munition in the fiscal years
after fiscal year 1996 that are covered by the future years
defense program submitted to Congress in 1995 under section
221(a) of title 10, United States Code.
SEC. 262. REVIEW OF 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.
(e) Interagency Cooperation With Study.--All military
departments, defense agencies, and other components of the
Department of Defense shall cooperate fully with the National
Research Council in its activities in carrying out the review
under this section.
(f) Expedited Processing of Security Clearances for
Study.--For the purpose of facilitating the commencement of the
study under this section, the Secretary of Defense shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for the National
Research Council to conduct the study.
(g) Funding.--Of the amount authorized to be appropriated
in section 201 for defense-wide activities, $900,000 shall be
available for the study under this section.
SEC. 263. ANALYSIS OF CONSOLIDATION OF BASIC RESEARCH ACCOUNTS OF
MILITARY DEPARTMENTS.
(a) Analysis Required.--The Secretary of Defense shall
conduct an analysis of the cost and effectiveness of
consolidating the basic research accounts of the military
departments. The analysis shall determine potential
infrastructure savings and other benefits of co-locating and
consolidating the management of basic research.
(b) Deadline.--On or before March 1, 1996, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on the analysis conducted under
subsection (a).
SEC. 264. CHANGE IN REPORTING PERIOD FROM CALENDAR YEAR TO FISCAL YEAR
FOR ANNUAL REPORT ON CERTAIN CONTRACTS TO COLLEGES
AND UNIVERSITIES.
Section 2361(c)(2) of title 10, United States Code, is
amended--
(1) by striking out ``calendar year'' and inserting
in lieu thereof ``fiscal year''; and
(2) by striking out ``the year after the year'' and
inserting in lieu thereof ``the fiscal year after the
fiscal year''.
SEC. 265. AERONAUTICAL RESEARCH AND TEST CAPABILITIES ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) It is in the Nation's long-term national
security interests for the United States to maintain
preeminence in the area of aeronautical research and
test capabilities.
(2) Continued advances in aeronautical science and
engineering are critical to sustaining the strategic
and tactical air superiority of the United States and
coalition forces, as well as United States economic
security and international aerospace leadership.
(3) It is in the national security and economic
interests of the United States and the budgetary
interests of the Department of Defense for the
department to encourage the establishment of active
partnerships between the department and other
Government agencies, academic institutions, and private
industry to develop, maintain, and enhance aeronautical
research and test capabilities.
(b) Review.--The Secretary of Defense shall conduct a
comprehensive review of the aeronautical research and test
facilities and capabilities of the United States in order to
assess the current condition of such facilities and
capabilities.
(c) Report.--(1) Not later than March 1, 1996, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth in detail the findings of the
review required by subsection (b).
(2) The report shall include the following:
(A) The options for providing affordable, operable,
reliable, and responsive long-term aeronautical
research and test capabilities for military and
civilian purposes and for the organization and conduct
of such capabilities within the Department or through
shared operations with other Government agencies,
academic institutions, and private industry.
(B) The projected costs of such options, including
costs of acquisition and technical and financial
arrangements (including the use of Government
facilities for reimbursable private use).
(C) Recommendations on the most efficient and
economic means of developing, maintaining, and
continually modernizing aeronautical research and test
capabilities to meet current, planned, and prospective
military and civilian needs.
Subtitle F--Other Matters
SEC. 271. ADVANCED LITHOGRAPHY PROGRAM.
Section 216 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2693) is
amended--
(1) in subsection (a), by striking out ``to help
achieve'' and all that follows through the end of the
subsection and inserting in lieu thereof ``to ensure
that lithographic processes being developed by United
States-owned companies or United States-incorporated
companies operating in the United States will lead to
superior performance electronics systems for the
Department of Defense.'';
(2) in subsection (b), by adding at the end the
following new paragraph:
``(3) The Director of the Defense Advanced Research
Projects Agency may set priorities and funding levels for
various technologies being developed for the ALP and shall
consider funding recommendations made by the Semiconductor
Industry Association as being advisory in nature.'';
(3) in subsection (c)--
(A) by inserting ``Defense'' before
``Advanced''; and
(B) by striking out ``ARPA'' both places it
appears and inserting in lieu thereof
``DARPA''; and
(4) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) The term `United States-owned company' means
a company the majority ownership or control of which is
held by citizens of the United States.
``(2) The term `United States-incorporated company'
means a company that the Secretary of Defense finds is
incorporated in the United States and has a parent
company that is incorporated in a country--
``(A) that affords to United States-owned
companies opportunities, comparable to those
afforded to any other company, to participate
in any joint venture similar to those
authorized under section 28 of the National
Institute of Standards and Technology Act (15
U.S.C. 278n);
``(B) that affords to United States-owned
companies local investment opportunities
comparable to those afforded to any other
company; and
``(C) that affords adequate and effective
protection for the intellectual property rights
of United States-owned companies.''.
SEC. 272. ENHANCED FIBER OPTIC GUIDED MISSILE (EFOG-M) SYSTEM .
(a) Limitations.--(1) The Secretary of the Army may not
obligate more than $280,000,000 (based on fiscal year 1995
constant dollars) to develop and deliver for test and
evaluation by the Army the following items:
(A) 44 enhanced fiber optic guided test missiles.
(B) 256 fully operational enhanced fiber optic
guided missiles.
(C) 12 fully operational fire units.
(2) The Secretary of the Army may not spend funds for the
enhanced fiber optic guided missile (EFOG-M) system after
September 30, 1998, if the items described in paragraph (1)
have not been delivered to the Army by that date and at a cost
not greater than the amount set forth in paragraph (1).
(3) The Secretary of the Army may not enter into an
advanced development phase for the EFOG-M system unless--
(A) an advanced concept technology demonstration of
the system has been successfully completed; and
(B) the Secretary certifies to the congressional
defense committees that there is a requirement for the
EFOG-M system that is supported by a cost and
operational effectiveness analysis.
(b) Government-Furnished Equipment.--The Secretary of the
Army shall ensure that all Government-furnished equipment that
the Army agrees to provide under the contract for the EFOG-M
system is provided to the prime contractor in accordance with
the terms of the contract.
SEC. 273. STATES ELIGIBLE FOR ASSISTANCE UNDER DEFENSE EXPERIMENTAL
PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Subparagraph (A) of section 257(d)(2) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2705; 10 U.S.C. 2358 note) is amended to read as
follows:
``(A) the average annual amount of all Department
of Defense obligations for science and engineering
research and development that were in effect with
institutions of higher education in the State for the
three fiscal years preceding the fiscal year for which
the designation is effective or for the last three
fiscal years for which statistics are available is less
than the amount determined by multiplying 60 percent
times the amount equal to \1/50\ of the total average
annual amount of all Department of Defense obligations
for science and engineering research and development
that were in effect with institutions of higher
education in the United States for such three preceding
or last fiscal years, as the case may be (to be
determined in consultation with the Secretary of
Defense);''.
SEC. 274. CRUISE MISSILE DEFENSE INITIATIVE.
(a) In General.--The Secretary of Defense shall undertake
an initiative to coordinate and strengthen the cruise missile
defense programs of the Department of Defense to ensure that
the United States develops and deploys affordable and
operationally effective defenses against existing and future
cruise missile threats to United States military forces and
operations.
(b) Coordination With Ballistic Missile Defense Efforts.--
In carrying out subsection (a), the Secretary shall ensure
that, to the extent practicable, the cruise missile defense
programs of the Department of Defense and the ballistic missile
defense programs of the Department of Defense are coordinated
with each other and that those programs are mutually
supporting.
(c) Defenses Against Existing and Near-Term Cruise Missile
Threats.--As part of the initiative under subsection (a), the
Secretary shall ensure that appropriate existing and planned
air defense systems are upgraded to provide an affordable and
operationally effective defense against existing and near-term
cruise missile threats to United States military forces and
operations.
(d) Defenses Against Advanced Cruise Missiles.--As part of
the initiative under subsection (a), the Secretary shall
undertake a well-coordinated development program to support the
future deployment of cruise missile defense systems that are
affordable and operationally effective against advanced cruise
missiles, including cruise missiles with low observable
features.
(e) Implementation Plan.--Not later than the date on which
the President submits the budget for fiscal year 1997 under
section 1105 of title 31, United States Code, the Secretary of
Defense shall submit to the congressional defense committees a
detailed plan, in unclassified and classified forms, as
necessary, for carrying out this section. The plan shall
include an assessment of the following:
(1) The systems of the Department of Defense that
currently have or could have cruise missile defense
capabilities and existing programs of the Department of
Defense to improve these capabilities.
(2) The technologies that could be deployed in the
near- to mid-term to provide significant advances over
existing cruise missile defense capabilities and the
investments that would be required to ready those
technologies for deployment.
(3) The cost and operational tradeoffs, if any,
between (A) upgrading existing air and missile defense
systems, and (B) accelerating follow-on systems with
significantly improved capabilities against advanced
cruise missiles.
(4) The organizational and management changes that
would strengthen and further coordinate the cruise
missile defense programs of the Department of Defense,
including the disadvantages, if any, of implementing
such changes.
(f) Definition.--For the purposes of this section, the term
``cruise missile defense programs'' means the programs,
projects, and activities of the military departments, the
Advanced Research Projects Agency, and the Ballistic Missile
Defense Organization relating to development and deployment of
defenses against cruise missiles.
SEC. 275. MODIFICATION TO UNIVERSITY RESEARCH INITIATIVE SUPPORT
PROGRAM.
Section 802 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1701) is
amended--
(1) in subsections (a) and (b), by striking out
``shall'' both places it appears and inserting in lieu
thereof ``may''; and
(2) in subsection (e), by striking out the sentence
beginning with ``Such selection process''.
SEC. 276. MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General.--Section 2525 of title 10, United States
Code, is amended as follows:
(1) The heading is amended by striking out the
second and third words.
(2) Subsection (a) is amended--
(A) by striking out ``Science and''; and
(B) by inserting after the first sentence
the following: ``The Secretary shall use the
joint planning process of the directors of the
Department of Defense laboratories in
establishing the program.''.
(3) Subsection (c) is amended--
(A) by inserting ``(1)'' after ``(c)
Execution.--''; and
(B) by adding at the end the following:
``(2) The Secretary shall seek, to the extent practicable,
the participation of manufacturers of manufacturing equipment
in the projects under the program.''.
(4) Subsection (d) is amended--
(A) in paragraph (2)--
(i) by striking out ``or'' at the
end of subparagraph (A);
(ii) by striking out the period at
the end of subparagraph (B) and
inserting in lieu thereof ``; or''; and
(iii) by adding at the end the
following new subparagraph:
``(C) will be carried out by an institution of
higher education.''; and
(B) by adding at the end the following new
paragraphs:
``(3) At least 25 percent of the funds available for the
program each fiscal year shall be used for awarding grants and
entering into contracts, cooperative agreements, and other
transactions on a cost-share basis under which the ratio of
recipient cost to Government cost is two to one.''
``(4) If the requirement of paragraph (3) cannot be met by
July 15 of a fiscal year, the Under Secretary of Defense for
Acquisition and Technology may waive the requirement and
obligate the balance of the funds available for the program for
that fiscal year on a cost-share basis under which the ratio of
recipient cost to Government cost is less than two to one.
Before implementing any such waiver, the Under Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
the reasons for the waiver.''.
(b) Clerical Amendment.--The item relating to section 2525
in the table of sections at the beginning of subchapter IV of
chapter 148 of title 10, United States Code, is amended to read
as follows:
``2525. Manufacturing Technology Program.''.
SEC. 277. FIVE-YEAR PLAN FOR CONSOLIDATION OF DEFENSE LABORATORIES AND
TEST AND EVALUATION CENTERS.
(a) Five-Year Plan.--The Secretary of Defense, acting
through the Vice Chief of Staff of the Army, the Vice Chief of
Naval Operations, and the Vice Chief of Staff of the Air Force
(in their roles as test and evaluation executive agent board of
directors) shall develop a five-year plan to consolidate and
restructure the laboratories and test and evaluation centers of
the Department of Defense.
(b) Objective.--The plan shall set forth the specific
actions needed to consolidate the laboratories and test and
evaluation centers into as few laboratories and centers as is
practical and possible, in the judgment of the Secretary, by
October 1, 2005.
(c) Previously Developed Data Required To Be Used.--In
developing the plan, the Secretary shall use the following:
(1) Data and results obtained by the Test and
Evaluation Joint Cross-Service Group and the Laboratory
Joint Cross-Service Group in developing recommendations
for the 1995 report of the Defense Base Closure and
Realignment Commission.
(2) The report dated March 1994 on the
consolidation and streamlining of the test and
evaluation infrastructure, commissioned by the test and
evaluation board of directors, along with all
supporting data and reports.
(d) Matters To Be Considered.--In developing the plan, the
Secretary shall consider, at a minimum, the following:
(1) Consolidation of common support functions,
including the following:
(A) Aircraft (fixed wing and rotary)
support.
(B) Weapons support.
(C) Space systems support.
(D) Support of command, control,
communications, computers, and intelligence.
(2) The extent to which any military construction,
acquisition of equipment, or modernization of equipment
is planned at the laboratories and centers.
(3) The encroachment on the laboratories and
centers by residential and industrial expansion.
(4) The total cost to the Federal Government of
continuing to operate the laboratories and centers.
(5) The cost savings and program effectiveness of
locating laboratories and centers at the same sites.
(6) Any loss of expertise resulting from the
consolidations.
(7) Whether any legislation is neccessary to
provide the Secretary with any additional authority
necessary to accomplish the downsizing and
consolidation of the laboratories and centers.
(e) Report.--Not later than May 1, 1996, the Secretary of
Defense shall submit to the congressional defense committees a
report on the plan. The report shall include an identification
of any additional legislation that the Secretary considers
necessary in order for the Secretary to accomplish the
downsizing and consolidation of the laboratories and centers.
(f) Limitation.--Of the amounts appropriated or otherwise
made available pursuant to an authorization of appropriations
in section 201 for the central test and evaluation investment
development program, not more than 75 percent may be obligated
before the report required by subsection (e) is submitted to
Congress.
SEC. 278. LIMITATION ON T-38 AVIONICS UPGRADE PROGRAM.
(a) Requirement.--The Secretary of Defense shall ensure
that, in evaluating proposals submitted in response to a
solicitation issued for a contract for the T-38 Avionics
Upgrade Program, the proposal of an entity may not be
considered unless--
(1) in the case of an entity that conducts
substantially all of its business in a foreign country,
the foreign country provides equal access to similar
contract solicitations in that country to United States
entities; and
(2) in the case of an entity that conducts business
in the United States but that is owned or controlled by
a foreign government or by an entity incorporated in a
foreign country, the foreign government or foreign
country of incorporation provides equal access to
similar contract solicitations in that country to
United States entities.
(b) Definition.--In this section, the term ``United States
entity'' means an entity that is owned or controlled by persons
a majority of whom are United States citizens.
SEC. 279. GLOBAL POSITIONING SYSTEM.
(a) Conditional Prohibition on Use of Selective
Availability Feature.--Except as provided in subsection (b),
after May 1, 1996, the Secretary of Defense may not (through
use of the feature known as ``selective availability'') deny
access of non-Department of Defense users to the full
capabilities of the Global Positioning System.
(b) Plan.--Subsection (a) shall cease to apply upon
submission by the Secretary of Defense to the Committee on
Armed Services of the Senate and the Committee on National
Security of the House of Representatives of a plan for
enhancement of the Global Positioning System that provides
for--
(1) development and acquisition of effective
capabilities to deny hostile military forces the
ability to use the Global Positioning System without
hindering the ability of United States military forces
and civil users to have access to and use of the
system, together with a specific date by which those
capabilities could be operational; and
(2) development and acquisition of receivers for
the Global Positioning System and other techniques for
weapons and weapon systems that provide substantially
improved resistance to jamming and other forms of
electronic interference or disruption, together with a
specific date by which those receivers and other
techniques could be operational with United States
military forces.
SEC. 280. REVISION OF AUTHORITY FOR PROVIDING ARMY SUPPORT FOR THE
NATIONAL SCIENCE CENTER FOR COMMUNICATIONS AND
ELECTRONICS.
(a) Purpose.--Subsection (b)(2) of section 1459 of the
Department of Defense Authorization Act, 1986 (Public Law 99-
145; 99 Stat. 763) is amended by striking out ``to make
available'' and all that follows and inserting in lieu thereof
``to provide for the management, operation, and maintenance of
those areas in the national science center that are designated
for use by the Army and to provide incidental support for the
operation of those areas in the center that are designated for
general use.''.
(b) Authority for Support.--Subsection (c) of such section
is amended to read as follows:
``(c) National Science Center.--(1) The Secretary may
manage, operate, and maintain facilities at the center under
terms and conditions prescribed by the Secretary for the
purpose of conducting educational outreach programs in
accordance with chapter 111 of title 10, United States Code.
``(2) The Foundation, or NSC Discovery Center,
Incorporated, a nonprofit corporation of the State of Georgia,
shall submit to the Secretary for review and approval all
matters pertaining to the acquisition, design, renovation,
equipping, and furnishing of the center, including all plans,
specifications, contracts, sites, and materials for the
center.''.
(c) Authority for Acceptance of Gifts and Fundraising.--
Subsection (d) of such section is amended to read as follows:
``(d) Gifts and Fundraising.--(1) Subject to paragraph (3),
the Secretary may accept a conditional or unconditional
donation of money or property that is made for the benefit of,
or in connection with, the center.
``(2) Notwithstanding any other provision of law, the
Secretary may endorse, promote, and assist the efforts of the
Foundation and NSC Discovery Center, Incorporated, to obtain--
``(A) funds for the management, operation, and
maintenance of the center; and
``(B) donations of exhibits, equipment, and other
property for use in the center.
``(3) The Secretary may not accept a donation under this
subsection that is made subject to--
``(A) any condition that is inconsistent with an
applicable law or regulation; or
``(B) except to the extent provided in
appropriations Acts, any condition that would
necessitate an expenditure of appropriated funds.
``(4) The Secretary shall prescribe in regulations the
criteria to be used in determining whether to accept a
donation. The Secretary shall include criteria to ensure that
acceptance of a donation does not establish an unfavorable
appearance regarding the fairness and objectivity with which
the Secretary or any other officer or employee of the
Department of Defense performs official responsibilities and
does not compromise or appear to compromise the integrity of a
Government program or any official involved in that program.''.
(d) Authorized Uses.--Such section is amended--
(1) by striking out subsection (f);
(2) by redesignating subsection (g) as subsection
(f); and
(3) in paragraph (1) of subsection (f), as
redesignated by paragraph (2), by inserting ``areas
designated for use by the Army in'' after ``The
Secretary may make''.
(e) Alternative of Additional Development and Management.--
Such section, as amended by subsection (d), is further amended
by adding at the end the following:
``(g) Alternative or Additional Development and Management
of the Center.--(1) The Secretary may enter into an agreement
with NSC Discovery Center, Incorporated, to develop, manage,
and maintain a national science center under this section. In
entering into an agreement with NSC Discovery Center,
Incorporated, the Secretary may agree to any term or condition
to which the Secretary is authorized under this section to
agree for purposes of entering into an agreement with the
Foundation.
``(2) The Secretary may exercise the authority under
paragraph (1) in addition to, or instead of, exercising the
authority provided under this section to enter into an
agreement with the Foundation.''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $18,746,695,000.
(2) For the Navy, $21,493,155,000.
(3) For the Marine Corps, $2,521,822,000.
(4) For the Air Force, $18,719,277,000.
(5) For Defense-wide activities, $9,910,476,000.
(6) For the Army Reserve, $1,129,191,000.
(7) For the Naval Reserve, $868,342,000.
(8) For the Marine Corps Reserve, $100,283,000.
(9) For the Air Force Reserve, $1,516,287,000.
(10) For the Army National Guard, $2,361,808,000.
(11) For the Air National Guard, $2,760,121,000.
(12) For the Defense Inspector General,
$138,226,000.
(13) For the United States Court of Appeals for the
Armed Forces, $6,521,000.
(14) For Environmental Restoration, Defense,
$1,422,200,000.
(15) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $680,432,000.
(16) For Medical Programs, Defense, $9,876,525,000.
(17) For support for the 1996 Summer Olympics,
$15,000,000.
(18) For Cooperative Threat Reduction programs,
$300,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $50,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 1996 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund,
$878,700,000.
(2) For the National Defense Sealift Fund,
$1,024,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 1996 from the Armed Forces Retirement Home Trust Fund the
sum of $59,120,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts in
the accounts to which transferred; and
(2) may not be expended for an item that has been
denied authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. CIVIL AIR PATROL.
Of the amounts authorized to be appropriated pursuant to
this Act, there shall be made available to the Civil Air Patrol
$24,500,000, of which $14,704,000 shall be made available for
the Civil Air Patrol Corporation.
Subtitle B--Depot-Level Activities
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR FOR THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense does not have a
comprehensive policy regarding the performance of
depot-level maintenance and repair of military
equipment.
(2) The absence of such a policy has caused the
Congress to establish guidelines for the performance of
such functions.
(3) It is essential to the national security of the
United States that the Department of Defense maintain
an organic capability within the department, including
skilled personnel, technical competencies, equipment,
and facilities, to perform depot-level maintenance and
repair of military equipment in order to ensure that
the Armed Forces of the United States are able to meet
training, operational, mobilization, and emergency
requirements without impediment.
(4) The organic capability of the Department of
Defense to perform depot-level maintenance and repair
of military equipment must satisfy known and
anticipated core maintenance and repair requirements
across the full range of peacetime and wartime
scenarios.
(5) Although it is possible that savings can be
achieved by contracting with private-sector sources for
the performance of some work currently performed by
Department of Defense depots, the Department of Defense
has not determined the type or amount of work that
should be performed under contract with private-sector
sources nor the relative costs and benefits of
contracting for the performance of such work by those
sources.
(b) Sense of Congress.--It is the sense of Congress that
there is a compelling need for the Department of Defense to
articulate known and anticipated core maintenance and repair
requirements, to organize the resources of the Department of
Defense to meet those requirements economically and
efficiently, and to determine what work should be performed by
the private sector and how such work should be managed.
(c) Requirement for Policy.--Not later than March 31, 1996,
the Secretary of Defense shall develop and report to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a
comprehensive policy on the performance of depot-level
maintenance and repair for the Department of Defense that
maintains the capability described in section 2464 of title 10,
United States Code.
(d) Content of Policy.--In developing the policy, the
Secretary of Defense shall do each of the following:
(1) Identify for each military department, with the
concurrence of the Secretary of that military
department, those depot-level maintenance and repair
activities that are necessary to ensure the depot-level
maintenance and repair capability as required by
section 2464 of title 10, United States Code.
(2) Provide for performance of core depot-level
maintenance and repair capabilities in facilities owned
and operated by the United States.
(3) Provide for the core capabilities to include
sufficient skilled personnel, equipment, and facilities
that--
(A) is of the proper size (i) to ensure a
ready and controlled source of technical
competence and repair and maintenance
capability necessary to meet the requirements
of the National Military Strategy and other
requirements for responding to mobilizations
and military contingencies, and (ii) to provide
for rapid augmentation in time of emergency;
and
(B) is assigned sufficient workload to
ensure cost efficiency and technical
proficiency in time of peace.
(4) Address environmental liability.
(5) In the case of depot-level maintenance and
repair workloads in excess of the workload required to
be performed by Department of Defense depots, provide
for competition for those workloads between public and
private entities when there is sufficient potential for
realizing cost savings based on adequate private-sector
competition and technical capabilities.
(6) Address issues concerning exchange of technical
data between the Federal Government and the private
sector.
(7) Provide for, in the Secretary's discretion and
after consultation with the Secretaries of the military
departments, the transfer from one military department
to another, in accordance with merit-based selection
processes, workload that supports the core depot-level
maintenance and repair capabilities in facilities owned
and operated by the United States.
(8) Require that, in any competition for a workload
(whether among private-sector sources or between depot-
level activities of the Department of Defense and
private-sector sources), bids are evaluated under a
methodology that ensures that appropriate costs to the
Government and the private sector are identified.
(9) Provide for the performance of maintenance and
repair for any new weapons systems defined as core,
under section 2464 of title 10, United States Code, in
facilities owned and operated by the United States.
(e) Considerations.--In developing the policy, the
Secretary shall take into consideration the following matters:
(1) The national security interests of the United
States.
(2) The capabilities of the public depots and the
capabilities of businesses in the private sector to
perform the maintenance and repair work required by the
Department of Defense.
(3) Any applicable recommendations of the Defense
Base Closure and Realignment Commission that are
required to be implemented under the Defense Base
Closure and Realignment Act of 1990.
(4) The extent to which the readiness of the Armed
Forces would be affected by a necessity to construct
new facilities to accommodate any redistribution of
depot-level maintenance and repair workloads that is
made in accordance with the recommendation of the
Defense Base Closure and Realignment Commission, under
the Defense Base Closure and Realignment Act of 1990,
that such workloads be consolidated at Department of
Defense depots or private-sector facilities.
(5) Analyses of costs and benefits of alternatives,
including a comparative analysis of--
(A) the costs and benefits, including any
readiness implications, of any proposed policy
to convert to contractor performance of depot-
level maintenance and repair workloads where
the workload is being performed by Department
of Defense personnel; and
(B) the costs and benefits, including any
readiness implications, of a policy to transfer
depot-level maintenance and repair workloads
among depots.
(f) Repeal of 60/40 Requirement and Requirement Relating to
Competition.--(1) Sections 2466 and 2469 of title 10, United
States Code, are repealed.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking out the items relating to
sections 2466 and 2469.
(3) The amendments made by paragraphs (1) and (2) shall
take effect on the date (after the date of the enactment of
this Act) on which legislation is enacted that contains a
provision that specifically states one of the following:
(A) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense
that was submitted by the Secretary of Defense to the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives pursuant to section 311 of the National
Defense Authorization Act for Fiscal Year 1996 is
approved.''; or
(B) ``The policy on the performance of depot-level
maintenance and repair for the Department of Defense
that was submitted by the Secretary of Defense to the
Committee on Armed Services of the Senate and the
Committee on National Security of the House of
Representatives pursuant to section 311 of the National
Defense Authorization Act for Fiscal Year 1996 is
approved with the following modifications:'' (with the
modifications being stated in matter appearing after
the colon).
(g) Annual Report.--If legislation referred to in
subsection (f)(3) is enacted, the Secretary of Defense shall,
not later than March 1 of each year (beginning with the year
after the year in which such legislation is enacted), submit to
Congress a report that--
(1) specifies depot maintenance core capability
requirements determined in accordance with the
procedures established to comply with the policy
prescribed pursuant to subsections (d)(2) and (d)(3);
(2) specifies the planned amount of workload to be
accomplished by the depot-level activities of each
military department in support of those requirements
for the following fiscal year; and
(3) identifies the planned amount of workload,
which--
(A) shall be measured by direct labor hours
and by amounts to be expended; and
(B) shall be shown separately for each
commodity group.
(h) Review by General Accounting Office.--(1) The Secretary
shall make available to the Comptroller General of the United
States all information used by the Department in developing the
policy under subsections (c) through (e) of this section.
(2) Not later than 45 days after the date on which the
Secretary submits to Congress the report required by subsection
(c), the Comptroller General shall transmit to Congress a
report containing a detailed analysis of the Secretary's
proposed policy as reported under such subsection.
(i) Report on Depot-Level Maintenance and Repair
Workload.--Not later than March 31, 1996, the Secretary of
Defense shall submit to Congress a report on the depot-level
maintenance and repair workload of the Department of Defense.
The report shall, to the maximum extent practicable, include
the following:
(1) An analysis of the need for and effect of the
requirement under section 2466 of title 10, United
States Code, that no more than 40 percent of the depot-
level maintenance and repair work of the Department of
Defense be contracted for performance by non-
Governmental personnel, including a description of the
effect on military readiness and the national security
resulting from that requirement and a description of
any specific difficulties experienced by the Department
of Defense as a result of that requirement.
(2) An analysis of the distribution during the five
fiscal years ending with fiscal year 1995 of the depot-
level maintenance and repair workload of the Department
of Defense between depot-level activities of the
Department of Defense and non-Government personnel,
measured by direct labor hours and by amounts expended,
and displayed, for that five-year period and for each
year of that period, so as to show (for each military
department (and separately for the Navy and Marine
Corps)) such distribution.
(3) A projection of the distribution during the
five fiscal years beginning with fiscal year 1997 of
the depot-level maintenance and repair workload of the
Department of Defense between depot-level activities of
the Department of Defense and non-Government personnel,
measured by direct labor hours and by amounts expended,
and displayed, for that five-year period and for each
year of that period, so as to show (for each military
department (and separately for the Navy and Marine
Corps)) such distribution that would be accomplished
under a new policy as required under subsection (c).
(j) Other Review by General Accounting Office.--(1) The
Comptroller General of the United States shall conduct an
independent audit of the findings of the Secretary of Defense
in the report under subsection (i). The Secretary of Defense
shall provide to the Comptroller General for such purpose all
information used by the Secretary in preparing such report.
(2) Not later than 45 days after the date on which the
Secretary of Defense submits to Congress the report required
under subsection (i), the Comptroller General shall transmit to
Congress a report containing a detailed analysis of the report
submitted under that subsection.
SEC. 312. MANAGEMENT OF DEPOT EMPLOYEES.
(a) Depot Employees.--Chapter 146 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2472. Management of depot employees
``(b) Annual Report.--Not later than December 1 of each
fiscal year, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives a report on
the number of employees employed and expected to be employed by
the Department of Defense during that fiscal year to perform
depot-level maintenance and repair of materiel. The report
shall indicate whether that number is sufficient to perform the
depot-level maintenance and repair functions for which funds
are expected to be provided for that fiscal year for
performance by Department of Defense employees.''.
(b) Transfer of Subsection.--Subsection (b) of section 2466
of title 10, United States Code, is transferred to section 2472
of such title, as added by subsection (a), redesignated as
subsection (a), and inserted after the section heading.
(c) Submission of Initial Report.--The report under
subsection (b) of section 2472 of title 10, United States Code,
as added by subsection (a), for fiscal year 1996 shall be
submitted not later than March 15, 1996 (notwithstanding the
date specified in such subsection).
(d) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2472. Management of depot employees.''.
SEC. 313. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND NAVAL
SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUCTION
AND SERVICES.
Section 1425(e) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1684) is
amended by striking out ``September 30, 1995'' and inserting in
lieu thereof ``September 30, 1996''.
SEC. 314. MODIFICATION OF NOTIFICATION REQUIREMENT REGARDING USE OF
CORE LOGISTICS FUNCTIONS WAIVER.
Section 2464(b) of title 10, United States Code, is amended
by striking out paragraphs (3) and (4) and inserting in lieu
thereof the following new paragraph:
``(3) A waiver under paragraph (2) may not take effect
until the end of the 30-day period beginning on the date on
which the Secretary submits a report on the waiver to the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on National Security and the
Committee on Appropriations of the House of Representatives.''.
Subtitle C--Environmental Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS FOR SERVICES UNDER
ENVIRONMENTAL RESTORATION PROGRAM.
(a) Requirements.--(1) Section 2701(d) of title 10, United
States Code, is amended to read as follows:
``(d) Services of Other Agencies.--
``(1) In general.--Subject to paragraph (2), the
Secretary may enter into agreements on a reimbursable
or other basis with any other Federal agency, or with
any State or local government agency, to obtain the
services of the agency to assist the Secretary in
carrying out any of the Secretary's responsibilities
under this section. Services which may be obtained
under this subsection include the identification,
investigation, and cleanup of any off-site
contamination resulting from the release of a hazardous
substance or waste at a facility under the Secretary's
jurisdiction.
``(2) Limitation on reimbursable agreements.--An
agreement with an agency under paragraph (1) may not
provide for reimbursement of the agency for regulatory
enforcement activities.''.
(2)(A) Except as provided in subparagraph (B), the total
amount of funds available for reimbursements under agreements
entered into under section 2710(d) of title 10, United States
Code, as amended by paragraph (1), in fiscal year 1996 may not
exceed $10,000,000.
(B) The Secretary of Defense may pay in fiscal year 1996 an
amount for reimbursements under agreements referred to in
subparagraph (A) in excess of the amount specified in that
subparagraph for that fiscal year if--
(i) the Secretary certifies to Congress that the
payment of the amount under this subparagraph is
essential for the management of the Defense
Environmental Restoration Program under chapter 160 of
title 10, United States Code; and
(ii) a period of 60 days has expired after the date
on which the certification is received by Congress.
(b) Report on Services Obtained.--The Secretary of Defense
shall include in the report submitted to Congress with respect
to fiscal year 1998 under section 2706(a) of title 10, United
States Code, information on the services, if any, obtained by
the Secretary during fiscal year 1996 pursuant to each
agreement on a reimbursable basis entered into with a State or
local government agency under section 2701(d) of title 10,
United States Code, as amended by subsection (a). The
information shall include a description of the services
obtained under each agreement and the amount of the
reimbursement provided for the services.
SEC. 322. ADDITION OF AMOUNTS CREDITABLE TO DEFENSE ENVIRONMENTAL
RESTORATION ACCOUNT.
Section 2703(e) of title 10, United States Code is amended
to read as follows:
``(e) Amounts Recovered.--The following amounts shall be
credited to the transfer account:
``(1) Amounts recovered under CERCLA for response
actions of the Secretary.
``(2) Any other amounts recovered by the Secretary
or the Secretary of the military department concerned
from a contractor, insurer, surety, or other person to
reimburse the Department of Defense for any expenditure
for environmental response activities.''.
SEC. 323. USE OF DEFENSE ENVIRONMENTAL RESTORATION ACCOUNT.
(a) Goal for Certain DERA Expenditures.--It shall be the
goal of the Secretary of Defense to limit, by the end of fiscal
year 1997, spending for administration, support, studies, and
investigations associated with the Defense Environmental
Restoration Account to 20 percent of the total funding for that
account.
(b) Report.--Not later than April 1, 1996, the Secretary
shall submit to Congress a report that contains specific,
detailed information on--
(1) the extent to which the Secretary has attained
the goal described in subsection (a) as of the date of
the submission of the report; and
(2) if the Secretary has not attained such goal by
such date, the actions the Secretary plans to take to
attain the goal.
SEC. 324. REVISION OF AUTHORITIES RELATING TO RESTORATION ADVISORY
BOARDS.
(a) Regulations.--Paragraph (2) of subsection (d) of
section 2705 of title 10, United States Code, is amended to
read as follows:
``(2)(A) The Secretary shall prescribe regulations
regarding the establishment, characteristics, composition, and
funding of restoration advisory boards pursuant to this
subsection.
``(B) The issuance of regulations under subparagraph (A)
shall not be a precondition to the establishment of restoration
advisory boards under this subsection.''.
(b) Funding for Administrative Expenses.--Paragraph (3) of
such subsection is amended to read as follows:
``(3) The Secretary may authorize the commander of an
installation (or, if there is no such commander, an appropriate
official of the Department of Defense designated by the
Secretary) to pay routine administrative expenses of a
restoration advisory board established for that installation.
Such payments shall be made from funds available under
subsection (g).''.
(c) Technical Assistance.--Such section is further amended
by striking out subsection (e) and inserting in lieu thereof
the following new subsection (e):
``(e) Technical Assistance.--(1) The Secretary may, upon
the request of the technical review committee or restoration
advisory board for an installation, authorize the commander of
the installation (or, if there is no such commander, an
appropriate official of the Department of Defense designated by
the Secretary) to obtain for the committee or advisory board,
as the case may be, from private sector sources technical
assistance for interpreting scientific and engineering issues
with regard to the nature of environmental hazards at the
installation and the restoration activities conducted, or
proposed to be conducted, at the installation. The commander of
an installation (or, if there is no such commander, an
appropriate official of the Department of Defense designated by
the Secretary) shall use funds made available under subsection
(g) for obtaining assistance under this paragraph.
``(2) The commander of an installation (or, if there is no
such commander, an appropriate official of the Department of
Defense designated by the Secretary) may obtain technical
assistance under paragraph (1) for a technical review committee
or restoration advisory board only if--
``(A) the technical review committee or restoration
advisory board demonstrates that the Federal, State,
and local agencies responsible for overseeing
environmental restoration at the installation, and
available Department of Defense personnel, do not have
the technical expertise necessary for achieving the
objective for which the technical assistance is to be
obtained; or
``(B) the technical assistance--
``(i) is likely to contribute to the
efficiency, effectiveness, or timeliness of
environmental restoration activities at the
installation; and
``(ii) is likely to contribute to community
acceptance of environmental restoration
activities at the installation.''.
(d) Funding.--(1) Such section is further amended by adding
at the end the following new subsection:
``(g) Funding.--The Secretary shall, to the extent provided
in appropriations Acts, make funds available for administrative
expenses and technical assistance under this section using
funds in the following accounts:
``(1) In the case of a military installation not
approved for closure pursuant to a base closure law,
the Defense Environmental Restoration Account
established under section 2703(a) of this title.
``(2) In the case of an installation approved for
closure pursuant to such a law, the Department of
Defense Base Closure Account 1990 established under
section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note).''.
(2)(A) Subject to subparagraph (B), the total amount of
funds made available under section 2705(g) of title 10, United
States Code, as added by paragraph (1), for fiscal year 1996
may not exceed $6,000,000.
(B) Amounts may not be made available under subsection (g)
of such section 2705 after September 15, 1996, unless the
Secretary of Defense publishes proposed final or interim final
regulations required under subsection (d) of such section, as
amended by subsection (a).
(e) Definition.--Such section is further amended by adding
after subsection (g) (as added by subsection (d)) the following
new subsection:
``(h) Definition.--In this section, the term `base closure
law' means the following:
``(1) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(2) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(3) Section 2687 of this title.''.
(f) Reports on Activities of Technical Review Committees
and Restoration Advisory Boards.--Section 2706(a)(2) of title
10, United States Code, is amended by adding at the end the
following:
``(J) A statement of the activities, if any,
including expenditures for administrative expenses and
technical assistance under section 2705 of this title,
of the technical review committee or restoration
advisory board established for the installation under
such section during the preceding fiscal year.''.
SEC. 325. DISCHARGES FROM VESSELS OF THE ARMED FORCES.
(a) Purposes.--The purposes of this section are to--
(1) enhance the operational flexibility of vessels
of the Armed Forces domestically and internationally;
(2) stimulate the development of innovative vessel
pollution control technology; and
(3) advance the development by the United States
Navy of environmentally sound ships.
(b) Uniform National Discharge Standards Development.--
Section 312 of the Federal Water Pollution Control Act (33
U.S.C. 1322) is amended by adding at the end the following:
``(n) Uniform National Discharge Standards for Vessels of
the Armed Forces.--
``(1) Applicability.--This subsection shall apply
to vessels of the Armed Forces and discharges, other
than sewage, incidental to the normal operation of a
vessel of the Armed Forces, unless the Secretary of
Defense finds that compliance with this subsection
would not be in the national security interests of the
United States.
``(2) Determination of discharges required to be
controlled by marine pollution control devices.--
``(A) In general.--The Administrator and
the Secretary of Defense, after consultation
with the Secretary of the department in which
the Coast Guard is operating, the Secretary of
Commerce, and interested States, shall jointly
determine the discharges incidental to the
normal operation of a vessel of the Armed
Forces for which it is reasonable and
practicable to require use of a marine
pollution control device to mitigate adverse
impacts on the marine environment.
Notwithstanding subsection (a)(1) of section
553 of title 5, United States Code, the
Administrator and the Secretary of Defense
shall promulgate the determinations in
accordance with such section. The Secretary of
Defense shall require the use of a marine
pollution control device on board a vessel of
the Armed Forces in any case in which it is
determined that the use of such a device is
reasonable and practicable.
``(B) Considerations.--In making a
determination under subparagraph (A), the
Administrator and the Secretary of Defense
shall take into consideration--
``(i) the nature of the discharge;
``(ii) the environmental effects of
the discharge;
``(iii) the practicability of using
the marine pollution control device;
``(iv) the effect that installation
or use of the marine pollution control
device would have on the operation or
operational capability of the vessel;
``(v) applicable United States law;
``(vi) applicable international
standards; and
``(vii) the economic costs of the
installation and use of the marine
pollution control device.
``(3) Performance standards for marine pollution
control devices.--
``(A) In general.--For each discharge for
which a marine pollution control device is
determined to be required under paragraph (2),
the Administrator and the Secretary of Defense,
in consultation with the Secretary of the
department in which the Coast Guard is
operating, the Secretary of State, the
Secretary of Commerce, other interested Federal
agencies, and interested States, shall jointly
promulgate Federal standards of performance for
each marine pollution control device required
with respect to the discharge. Notwithstanding
subsection (a)(1) of section 553 of title 5,
United States Code, the Administrator and the
Secretary of Defense shall promulgate the
standards in accordance with such section.
``(B) Considerations.--In promulgating
standards under this paragraph, the
Administrator and the Secretary of Defense
shall take into consideration the matters set
forth in paragraph (2)(B).
``(C) Classes, types, and sizes of
vessels.--The standards promulgated under this
paragraph may--
``(i) distinguish among classes,
types, and sizes of vessels;
``(ii) distinguish between new and
existing vessels; and
``(iii) provide for a waiver of the
applicability of the standards as
necessary or appropriate to a
particular class, type, age, or size of
vessel.
``(4) Regulations for use of marine pollution
control devices.--The Secretary of Defense, after
consultation with the Administrator and the Secretary
of the department in which the Coast Guard is
operating, shall promulgate such regulations governing
the design, construction, installation, and use of
marine pollution control devices on board vessels of
the Armed Forces as are necessary to achieve the
standards promulgated under paragraph (3).
``(5) Deadlines; effective date.--
``(A) Determinations.--The Administrator
and the Secretary of Defense shall--
``(i) make the initial
determinations under paragraph (2) not
later than 2 years after the date of
the enactment of this subsection; and
``(ii) every 5 years--
``(I) review the
determinations; and
``(II) if necessary, revise
the determinations based on
significant new information.
``(B) Standards.--The Administrator and the
Secretary of Defense shall--
``(i) promulgate standards of
performance for a marine pollution
control device under paragraph (3) not
later than 2 years after the date of a
determination under paragraph (2) that
the marine pollution control device is
required; and
``(ii) every 5 years--
``(I) review the standards;
and
``(II) if necessary, revise
the standards, consistent with
paragraph (3)(B) and based on
significant new information.
``(C) Regulations.--The Secretary of
Defense shall promulgate regulations with
respect to a marine pollution control device
under paragraph (4) as soon as practicable
after the Administrator and the Secretary of
Defense promulgate standards with respect to
the device under paragraph (3), but not later
than 1 year after the Administrator and the
Secretary of Defense promulgate the standards.
The regulations promulgated by the Secretary of
Defense under paragraph (4) shall become
effective upon promulgation unless another
effective date is specified in the regulations.
``(D) Petition for review.--The Governor of
any State may submit a petition requesting that
the Secretary of Defense and the Administrator
review a determination under paragraph (2) or a
standard under paragraph (3), if there is
significant new information, not considered
previously, that could reasonably result in a
change to the particular determination or
standard after consideration of the matters set
forth in paragraph (2)(B). The petition shall
be accompanied by the scientific and technical
information on which the petition is based. The
Administrator and the Secretary of Defense
shall grant or deny the petition not later than
2 years after the date of receipt of the
petition.
``(6) Effect on other laws.--
``(A) Prohibition on regulation by states
or political subdivisions of states.--Beginning
on the effective date of--
``(i) a determination under
paragraph (2) that it is not reasonable
and practicable to require use of a
marine pollution control device
regarding a particular discharge
incidental to the normal operation of a
vessel of the Armed Forces; or
``(ii) regulations promulgated by
the Secretary of Defense under
paragraph (4);
except as provided in paragraph (7), neither a
State nor a political subdivision of a State
may adopt or enforce any statute or regulation
of the State or political subdivision with
respect to the discharge or the design,
construction, installation, or use of any
marine pollution control device required to
control discharges from a vessel of the Armed
Forces.
``(B) Federal laws.--This subsection shall
not affect the application of section 311 to
discharges incidental to the normal operation
of a vessel.
``(7) Establishment of state no-discharge zones.--
``(A) State prohibition.--
``(i) In general.--After the
effective date of--
``(I) a determination under
paragraph (2) that it is not
reasonable and practicable to
require use of a marine
pollution control device
regarding a particular
discharge incidental to the
normal operation of a vessel of
the Armed Forces; or
``(II) regulations
promulgated by the Secretary of
Defense under paragraph (4);
if a State determines that the
protection and enhancement of the
quality of some or all of the waters
within the State require greater
environmental protection, the State may
prohibit 1 or more discharges
incidental to the normal operation of a
vessel, whether treated or not treated,
into the waters. No prohibition shall
apply until the Administrator makes the
determinations described in subclauses
(II) and (III) of subparagraph (B)(i).
``(ii) Documentation.--To the
extent that a prohibition under this
paragraph would apply to vessels of the
Armed Forces and not to other types of
vessels, the State shall document the
technical or environmental basis for
the distinction.
``(B) Prohibition by the administrator.--
``(i) In general.--Upon application
of a State, the Administrator shall by
regulation prohibit the discharge from
a vessel of 1 or more discharges
incidental to the normal operation of a
vessel, whether treated or not treated,
into the waters covered by the
application if the Administrator
determines that--
``(I) the protection and
enhancement of the quality of
the specified waters within the
State require a prohibition of
the discharge into the waters;
``(II) adequate facilities
for the safe and sanitary
removal of the discharge
incidental to the normal
operation of a vessel are
reasonably available for the
waters to which the prohibition
would apply; and
``(III) the prohibition
will not have the effect of
discriminating against a vessel
of the Armed Forces by reason
of the ownership or operation
by the Federal Government, or
the military function, of the
vessel.
``(ii) Approval or disapproval.--
The Administrator shall approve or
disapprove an application submitted
under clause (i) not later than 90 days
after the date on which the application
is submitted to the Administrator.
Notwithstanding clause (i)(II), the
Administrator shall not disapprove an
application for the sole reason that
there are not adequate facilities to
remove any discharge incidental to the
normal operation of a vessel from
vessels of the Armed Forces.
``(C) Applicability to foreign flagged
vessels.--A prohibition under this paragraph--
``(i) shall not impose any design,
construction, manning, or equipment
standard on a foreign flagged vessel
engaged in innocent passage unless the
prohibition implements a generally
accepted international rule or
standard; and
``(ii) that relates to the
prevention, reduction, and control of
pollution shall not apply to a foreign
flagged vessel engaged in transit
passage unless the prohibition
implements an applicable international
regulation regarding the discharge of
oil, oily waste, or any other noxious
substance into the waters.
``(8) Prohibition relating to vessels of the armed
forces.--After the effective date of the regulations
promulgated by the Secretary of Defense under paragraph
(4), it shall be unlawful for any vessel of the Armed
Forces subject to the regulations to--
``(A) operate in the navigable waters of
the United States or the waters of the
contiguous zone, if the vessel is not equipped
with any required marine pollution control
device meeting standards established under this
subsection; or
``(B) discharge overboard any discharge
incidental to the normal operation of a vessel
in waters with respect to which a prohibition
on the discharge has been established under
paragraph (7).
``(9) Enforcement.--This subsection shall be
enforceable, as provided in subsections (j) and (k),
against any agency of the United States responsible for
vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 312(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)) is
amended--
(A) in paragraph (8)--
(i) by striking ``or''; and
(ii) by inserting ``or agency of
the United States,'' after
``association,'';
(B) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(12) `discharge incidental to the normal
operation of a vessel'--
``(A) means a discharge, including--
``(i) graywater, bilge water,
cooling water, weather deck runoff,
ballast water, oil water separator
effluent, and any other pollutant
discharge from the operation of a
marine propulsion system, shipboard
maneuvering system, crew habitability
system, or installed major equipment,
such as an aircraft carrier elevator or
a catapult, or from a protective,
preservative, or absorptive application
to the hull of the vessel; and
``(ii) a discharge in connection
with the testing, maintenance, and
repair of a system described in clause
(i) whenever the vessel is waterborne;
and
``(B) does not include--
``(i) a discharge of rubbish,
trash, garbage, or other such material
discharged overboard;
``(ii) an air emission resulting
from the operation of a vessel
propulsion system, motor driven
equipment, or incinerator; or
``(iii) a discharge that is not
covered by part 122.3 of title 40, Code
of Federal Regulations (as in effect on
the date of the enactment of subsection
(n));
``(13) `marine pollution control device' means any
equipment or management practice, for installation or
use on board a vessel of the Armed Forces, that is--
``(A) designed to receive, retain, treat,
control, or discharge a discharge incidental to
the normal operation of a vessel; and
``(B) determined by the Administrator and
the Secretary of Defense to be the most
effective equipment or management practice to
reduce the environmental impacts of the
discharge consistent with the considerations
set forth in subsection (n)(2)(B); and
``(14) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or
voyage chartered vessel; and
``(B) any vessel owned or operated by the
Department of Transportation that is designated
by the Secretary of the department in which the
Coast Guard is operating as a vessel equivalent
to a vessel described in subparagraph (A).''.
(2) Enforcement.--The first sentence of section
312(j) of the Federal Water Pollution Control Act (33
U.S.C. 1322(j)) is amended--
(A) by striking ``of this section or'' and
inserting a comma; and
(B) by striking ``of this section shall''
and inserting ``, or subsection (n)(8) shall''.
(3) Other definitions.--Subparagraph (A) of the
second sentence of section 502(6) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(6)) is amended by
striking `` `sewage from vessels' '' and inserting
```sewage from vessels or a discharge incidental to the
normal operation of a vessel of the Armed Forces'''.
(d) Cooperation in Standards Development.--The
Administrator of the Environmental Protection Agency and the
Secretary of Defense may, by mutual agreement, with or without
reimbursement, provide for the use of information, reports,
personnel, or other resources of the Environmental Protection
Agency or the Department of Defense to carry out section 312(n)
of the Federal Water Pollution Control Act (as added by
subsection (b)), including the use of the resources--
(1) to determine--
(A) the nature and environmental effect of
discharges incidental to the normal operation
of a vessel of the Armed Forces;
(B) the practicability of using marine
pollution control devices on vessels of the
Armed Forces; and
(C) the effect that installation or use of
marine pollution control devices on vessels of
the Armed Forces would have on the operation or
operational capability of the vessels; and
(2) to establish performance standards for marine
pollution control devices on vessels of the Armed
Forces.
Subtitle D--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 331. OPERATION OF COMMISSARY SYSTEM.
(a) Cooperation With Other Entities.--Section 2482 of title
10, United States Code, is amended--
(1) in the section heading, by striking out
``private'';
(2) by inserting ``(a) Private Operation.--''
before ``Private persons''; and
(3) by adding at the end the following new
subsection:
``(b) Contracts With Other Agencies and
Instrumentalities.--(1) The Defense Commissary Agency, and any
other agency of the Department of Defense that supports the
operation of the commissary system, may enter into a contract
or other agreement with another department, agency, or
instrumentality of the Department of Defense or another Federal
agency to provide services beneficial to the efficient
management and operation of the commissary system.
``(2) A commissary store operated by a nonappropriated fund
instrumentality of the Department of Defense shall be operated
in accordance with section 2484 of this title. Subject to such
section, the Secretary of Defense may authorize a transfer of
goods, supplies, and facilities of, and funds appropriated for,
the Defense Commissary Agency or any other agency of the
Department of Defense that supports the operation of the
commissary system to a nonappropriated fund instrumentality for
the operation of a commissary store.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 147 of
such title is amended to read as follows:
``2482. Commissary stores: operation.''.
SEC. 332. LIMITED RELEASE OF COMMISSARY STORES SALES INFORMATION TO
MANUFACTURERS, DISTRIBUTORS, AND OTHER VENDORS
DOING BUSINESS WITH DEFENSE COMMISSARY AGENCY.
Section 2487(b) of title 10, United States Code, is amended
in the second sentence by inserting before the period the
following: ``unless the agreement is between the Defense
Commissary Agency and a manufacturer, distributor, or other
vendor doing business with the Agency and is restricted to
information directly related to merchandise provided by that
manufacturer, distributor, or vendor''.
SEC. 333. ECONOMICAL DISTRIBUTION OF DISTILLED SPIRITS BY
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Economical Distribution.--Subsection (a)(1) of section
2488 of title 10, United States Code, is amended by inserting
after ``most competitive source'' the following: ``and
distributed in the most economical manner''.
(b) Determination of Most Economical Distribution Method.--
Such section is further amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection:
``(c)(1) In the case of covered alcoholic beverage
purchases of distilled spirits, to determine whether a
nonappropriated fund instrumentality of the Department of
Defense provides the most economical method of distribution to
package stores, the Secretary of Defense shall consider all
components of the distribution costs incurred by the
nonappropriated fund instrumentality, such as overhead costs
(including costs associated with management, logistics,
administration, depreciation, and utilities), the costs of
carrying inventory, and handling and distribution costs.
``(2) If the use of a private distributor would subject
covered alcoholic beverage purchases of distilled spirits to
direct or indirect State taxation, a nonappropriated fund
instrumentality shall be considered to be the most economical
method of distribution regardless of the results of the
determination under paragraph (1).
``(3) The Secretary shall use the agencies performing audit
functions on behalf of the armed forces and the Inspector
General of the Department of Defense to make determinations
under this subsection.''.
SEC. 334. TRANSPORTATION BY COMMISSARIES AND EXCHANGES TO OVERSEAS
LOCATIONS.
(a) In General.--Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2643. Commissary and exchange services: transportation overseas
``The Secretary of Defense shall authorize the officials
responsible for operation of commissaries and military
exchanges to negotiate directly with private carriers for the
most cost-effective transportation of commissary and exchange
supplies by sea without relying on the Military Sealift Command
or the Military Traffic Management Command. Section 2631 of
this title, regarding the preference for vessels of the United
States or belonging to the United States in the transportation
of supplies by sea, shall apply to the negotiation of
transportation contracts under the authority of this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2643. Commissary and exchange services: transportation overseas.''.
SEC. 335. DEMONSTRATION PROJECT FOR UNIFORM FUNDING OF MORALE, WELFARE,
AND RECREATION ACTIVITIES AT CERTAIN MILITARY
INSTALLATIONS.
(a) Demonstration Project Required.--(1) The Secretary of
Defense shall conduct a demonstration project to evaluate the
feasibility of using only nonappropriated funds to support
morale, welfare, and recreation programs at military
installations in order to facilitate the procurement of
property and services for those programs and the management of
employees used to carry out those programs.
(2) Under the demonstration project--
(A) procurements of property and services for
programs referred to in paragraph (1) may be carried
out in accordance with laws and regulations applicable
to procurements paid for with nonappropriated funds;
and
(B) appropriated funds available for such programs
may be expended in accordance with laws applicable to
expenditures of nonappropriated funds as if the
appropriated funds were nonappropriated funds.
(3) The Secretary shall prescribe regulations to carry out
paragraph (2). The regulations shall provide for financial
management and accounting of appropriated funds expended in
accordance with subparagraph (B) of such paragraph.
(b) Covered Military Installations.--The Secretary shall
select not less than three and not more than six military
installations to participate in the demonstration project.
(c) Period of Demonstration Project.--The demonstration
project shall terminate not later than September 30, 1998.
(d) Effect on Employees.--For the purpose of testing fiscal
accounting procedures, the Secretary may convert, for the
duration of the demonstration project, the status of an
employee who carries out a program referred to in subsection
(a)(1) from the status of an employee paid by appropriated
funds to the status of a nonappropriated fund instrumentality
employee, except that such conversion may occur only--
(1) if the employee whose status is to be
converted--
(A) is fully informed of the effects of
such conversion on the terms and conditions of
the employment of that employee for purposes of
title 5, United States Code, and on the
benefits provided to that employee under such
title; and
(B) consents to such conversion; or
(2) in a manner which does not affect such terms
and conditions of employment or such benefits.
(e) Reports.--(1) Not later than six months after the date
of the enactment of this Act, the Secretary shall submit to
Congress an interim report on the implementation of this
section.
(2) Not later than December 31, 1998, the Secretary shall
submit to Congress a final report on the results of the
demonstration project. The report shall include a comparison
of--
(A) the cost incurred under the demonstration
project in using employees paid by appropriated funds
together with nonappropriated fund instrumentality
employees to carry out the programs referred to in
subsection (a)(1); and
(B) an estimate of the cost that would have been
incurred if only nonappropriated fund instrumentality
employees had been used to carry out such programs.
SEC. 336. OPERATION OF COMBINED EXCHANGE AND COMMISSARY STORES.
(a) In General.--(1) Chapter 147 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2490a. Combined exchange and commissary stores
``(a) Authority.--The Secretary of Defense may authorize a
nonappropriated fund instrumentality to operate a military
exchange and a commissary store as a combined exchange and
commissary store on a military installation.
``(b) Limitations.--(1) Not more than ten combined exchange
and commissary stores may be operated pursuant to this section.
``(2) The Secretary may select a military installation for
the operation of a combined exchange and commissary store under
this section only if--
``(A) the installation is to be closed, or has been
or is to be realigned, under a base closure law; or
``(B) a military exchange and a commissary store
are operated at the installation by separate entities
at the time of, or immediately before, such selection
and it is not economically feasible to continue that
separate operation.
``(c) Operation at Carswell Field.--Combined exchange and
commissary stores operated under this section shall include the
combined exchange and commissary store that is operated at the
Naval Air Station Fort Worth, Joint Reserve Center, Carswell
Field, Texas, under the authority provided in section 375 of
the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2736).
``(d) Adjustments and Surcharges.--Adjustments to, and
surcharges on, the sales price of a grocery food item sold in a
combined exchange and commissary store under this section shall
be provided for in accordance with the same laws that govern
such adjustments and surcharges for items sold in a commissary
store of the Defense Commissary Agency.
``(e) Use of Appropriated Funds.--(1) If a nonappropriated
fund instrumentality incurs a loss in operating a combined
exchange and commissary store at a military installation under
this section as a result of the requirement set forth in
subsection (d), the Secretary may authorize a transfer of funds
available for the Defense Commissary Agency to the
nonappropriated fund instrumentality to offset the loss.
``(2) The total amount of appropriated funds transferred
during a fiscal year to support the operation of a combined
exchange and commissary store at a military installation under
this section may not exceed an amount that is equal to 25
percent of the amount of appropriated funds that was provided
for the operation of the commissary store of the Defense
Commissary Agency on that installation during the last full
fiscal year of operation of that commissary store.
``(f) Definitions.--In this section:
``(1) The term `nonappropriated fund
instrumentality' means the Army and Air Force Exchange
Service, Navy Exchange Service Command, Marine Corps
exchanges, or any other instrumentality of the United
States under the jurisdiction of the Armed Forces which
is conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed
Forces.
``(2) The term `base closure law' has the meaning
given such term by section 2667(g) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2490a. Combined exchange and commissary stores.''.
(b) Conforming Amendment.--Section 375 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2736) is amended by striking out ``, until
December 31, 1995,''.
SEC. 337. DEFERRED PAYMENT PROGRAMS OF MILITARY EXCHANGES.
(a) Use of Commercial Banking Institution.--(1) As soon as
practicable after the date of the enactment of this Act, the
Secretary of Defense shall seek to enter into an agreement with
a commercial banking institution under which the institution
agrees to finance and operate the deferred payment program of
the Army and Air Force Exchange Service and the deferred
payment program of the Navy Exchange Service Command. The
Secretary shall use competitive procedures to enter into an
agreement under this paragraph.
(2) In order to facilitate the transition of the operation
of the programs referred to in paragraph (1) to commercial
operation under an agreement described in that paragraph, the
Secretary may initially limit the scope of any such agreement
so as to apply to only one of the programs.
(b) Report.--Not later than December 31, 1995, the
Secretary shall submit to Congress a report on the
implementation of this section. The report shall also include
an analysis of the impact of the deferred payment programs
referred to in subsection (a)(1), including the impact of the
default and collection procedures under such programs, on
members of the Armed Forces and their families.
SEC. 338. AVAILABILITY OF FUNDS TO OFFSET EXPENSES INCURRED BY ARMY AND
AIR FORCE EXCHANGE SERVICE ON ACCOUNT OF TROOP
REDUCTIONS IN EUROPE.
Of funds authorized to be appropriated under section
301(5), not less than $70,000,000 shall be available to the
Secretary of Defense for transfer to the Army and Air Force
Exchange Service to offset expenses incurred by the Army and
Air Force Exchange Service on account of reductions in the
number of members of the United States Armed Forces assigned to
permanent duty ashore in Europe.
SEC. 339. STUDY REGARDING IMPROVING EFFICIENCIES IN OPERATION OF
MILITARY EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION ACTIVITIES AND COMMISSARY STORES.
(a) Study Required.--The Secretary of Defense shall conduct
a study regarding the manner in which greater efficiencies can
be achieved in the operation of--
(1) military exchanges;
(2) other instrumentalities of the United States
under the jurisdiction of the Armed Forces which are
conducted for the comfort, pleasure, contentment, or
physical or mental improvement of members of the Armed
Forces; and
(3) commissary stores.
(b) Report of Study.--Not later than March 1, 1996, the
Secretary of Defense shall submit to Congress a report
describing the results of the study and containing such
recommendations as the Secretary considers appropriate to
implement options identified in the study to achieve the
greater efficiencies referred to in subsection (a).
SEC. 340. REPEAL OF REQUIREMENT TO CONVERT SHIPS' STORES TO
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Repeal.--Section 371 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 7604 note) is amended--
(1) by striking out subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as
subsections (a) and (b), respectively.
(b) Inspector General Review.--Not later than April 1,
1996, the Inspector General of the Department of Defense shall
submit to Congress a report that reviews the report on the
costs and benefits of converting to operation of Navy ships'
stores by nonappropriated fund instrumentalities that the Navy
Audit Agency prepared in connection with the postponement of
the deadline for the conversion provided for in section 374(a)
of the National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2736).
SEC. 341. DISPOSITION OF EXCESS MORALE, WELFARE, AND RECREATION FUNDS.
Section 2219 of title 10, United States Code, is amended--
(1) in the first sentence, by striking out ``a
military department'' and inserting in lieu thereof
``an armed force'';
(2) in the second sentence--
(A) by striking out ``, department-wide'';
and
(B) by striking out ``of the military
department'' and inserting in lieu thereof
``for that armed force''; and
(3) by adding at the end the following: ``This
section does not apply to the Coast Guard.''.
SEC. 342. CLARIFICATION OF ENTITLEMENT TO USE OF MORALE, WELFARE, AND
RECREATION FACILITIES BY MEMBERS OF RESERVE
COMPONENTS AND DEPENDENTS.
(a) In General.--Section 1065 of title 10, United States
Code, is amended to read as follows:
``Sec. 1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents
``(a) Members of the Selected Reserve.--A member of the
Selected Reserve in good standing (as determined by the
Secretary concerned) shall be permitted to use MWR retail
facilities on the same basis as members on active duty.
``(b) Members of Ready Reserve Not in Selected Reserve.--
Subject to such regulations as the Secretary of Defense may
prescribe, a member of the Ready Reserve (other than members of
the Selected Reserve) may be permitted to use MWR retail
facilities on the same basis as members serving on active duty.
``(c) Reserve Retirees Under Age 60.--A member or former
member of a reserve component under 60 years of age who, but
for age, would be eligible for retired pay under chapter 1223
of this title shall be permitted to use MWR retail facilities
on the same basis as members of the armed forces entitled to
retired pay under any other provision of law.
``(d) Dependents.--(1) Dependents of a member who is
permitted under subsection (a) or (b) to use MWR retail
facilities shall be permitted to use such facilities on the
same basis as dependents of members on active duty.
``(2) Dependents of a member who is permitted under
subsection (c) to use MWR retail facilities shall be permitted
to use such facilities on the same basis as dependents of
members of the armed forces entitled to retired pay under any
other provision of law.
``(e) MWR Retail Facility Defined.--In this section, the
term `MWR retail facilities' means exchange stores and other
revenue-generating facilities operated by nonappropriated fund
activities of the Department of Defense for the morale,
welfare, and recreation of members of the armed forces.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 54 of such
title is amended to read as follows:
``1065. Morale, welfare, and recreation retail facilities: use by
members of reserve components and dependents.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 351. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICATION SERVICES.
(a) Requirement for Competitive Procurement.--Except as
provided in subsection (b), the Secretary of Defense shall,
during fiscal year 1996 and consistent with the requirements of
title 44, United States Code, competitively procure printing
and duplication services from private-sector sources for the
performance of at least 70 percent of the total printing and
duplication requirements of the Defense Printing Service.
(b) Exception for Classified Information.--The requirement
of subsection (a) shall not apply to the procurement of
services for printing and duplicating classified documents and
information.
SEC. 352. DIRECT VENDOR DELIVERY SYSTEM FOR CONSUMABLE INVENTORY ITEMS
OF DEPARTMENT OF DEFENSE.
(a) Implementation of Direct Vendor Delivery System.--Not
later than September 30, 1997, the Secretary of Defense shall,
to the maximum extent practicable, implement a system under
which consumable inventory items referred to in subsection (b)
are delivered to military installations throughout the United
States directly by the vendors of those items. The purpose for
implementing the system is to reduce the expense and necessity
of maintaining extensive warehouses for those items within the
Department of Defense.
(b) Covered Items.--The items referred to in subsection (a)
are the following:
(1) Food and clothing.
(2) Medical and pharmaceutical supplies.
(3) Automotive, electrical, fuel, and construction
supplies.
(4) Other consumable inventory items the Secretary
considers appropriate.
SEC. 353. PAYROLL, FINANCE, AND ACCOUNTING FUNCTIONS OF THE DEPARTMENT
OF DEFENSE.
(a) Plan for Private Operation of Certain Functions.--(1)
Not later than March 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) Subject to paragraph (2), the Secretary shall implement
the plan not later than October 1, 1996.
(4) At the same time the Secretary submits the plan
required by paragraph (1), the Secretary shall submit to
Congress a report on other accounting and finance functions of
the Department that are appropriate for performance by private-
sector sources.
(b) Pilot Program for Private Operation of NAFI
Functions.--(1) The Secretary shall carry out a pilot program
to test the performance by private-sector sources of payroll
and other accounting and finance functions of nonappropriated
fund instrumentalities and to evaluate the extent to which cost
savings and efficiencies would result from the performance of
such functions by those sources.
(2) The payroll and other accounting and finance functions
designated by the Secretary for performance by private-sector
sources under the pilot program shall include at least one
major payroll, accounting, or finance function.
(3) To carry out the pilot program, the Secretary shall
enter into discussions with private-sector sources for the
purpose of developing a request for proposals to be issued for
performance by those sources of functions designated by the
Secretary under paragraph (2). The discussions shall be
conducted on a schedule that accommodates issuance of a request
for proposals within 60 days after the date of the enactment of
this Act.
(4) A goal of the pilot program is to reduce by at least 25
percent the total costs incurred by the Department annually for
the performance of a function referred to in paragraph (2)
through the performance of that function by a private-sector
source.
(5) Before conducting the pilot program, the Secretary
shall develop a plan for the program that addresses the
following:
(A) The purposes of the program.
(B) The methodology, duration, and anticipated
costs of the program, including the cost of an
arrangement pursuant to which a private-sector source
would receive an agreed-upon payment plus an additional
negotiated amount not to exceed 50 percent of the
dollar savings achieved in excess of the goal specified
in paragraph (4).
(C) A specific citation to any provisions of law,
rule, or regulation that, if not waived, would prohibit
the conduct of the program or any part of the program.
(D) A mechanism to evaluate the program.
(E) A provision for all payroll, accounting, and
finance functions of nonappropriated fund
instrumentalities of the Department of Defense to be
performed by private-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. DEMONSTRATION PROGRAM TO IDENTIFY OVERPAYMENTS MADE TO
VENDORS.
(a) In General.--The Secretary of Defense shall conduct a
demonstration program to evaluate the feasibility of using
private contractors to audit accounting and procurement records
of the Department of Defense in order to identify overpayments
made to vendors by the Department. The demonstration program
shall be conducted for the Defense Logistics Agency and include
the Defense Personnel Support Center.
(b) Program Requirements.--(1) Under the demonstration
program, the Secretary shall, by contract, provide for one or
more persons to audit the accounting and procurement records of
the Defense Logistics Agency that relate to (at least) fiscal
years 1993, 1994, and 1995. The Secretary may enter into more
than one contract under the program.
(2) A contract under the demonstration program shall
require the contractor to use data processing techniques that
are generally used in audits of private-sector records similar
to the records audited under the contract.
(c) Audit Requirements.--In conducting an audit under the
demonstration program, a contractor shall compare Department of
Defense purchase agreements (and related documents) with
invoices submitted by vendors under the purchase agreements. A
purpose of the comparison is to identify, in the case of each
audited purchase agreement, the following:
(1) Any payments to the vendor for costs that are
not allowable under the terms of the purchase agreement
or by law.
(2) Any amounts not deducted from the total amount
paid to the vendor under the purchase agreement that
should have been deducted from that amount on account
of goods and services provided to the vendor by the
Department.
(3) Duplicate payments.
(4) Unauthorized charges.
(5) Other discrepancies between the amount paid to
the vendor and the amount actually due the vendor under
the purchase agreement.
(d) Bonus Payment.--To the extent provided for in a
contract under the demonstration program, the Secretary may pay
the contractor a bonus in addition to any other amount paid for
performance of the contract. The amount of such bonus may not
exceed the amount that is equal to 25 percent of all amounts
recovered by the United States on the basis of information
obtained as a result of the audit performed under the contract.
Any such bonus shall be paid out of amounts made available
pursuant to subsection (e).
(e) Availability of Funds.--Of the amount authorized to be
appropriated pursuant to section 301(5), not more than
$5,000,000 shall be available for the demonstration program.
SEC. 355. PILOT PROGRAM ON PRIVATE OPERATION OF DEFENSE DEPENDENTS'
SCHOOLS.
(a) Pilot Program.--The Secretary of Defense may conduct a
pilot program to evaluate the feasibility of using private
contractors to operate schools of the defense dependents'
education system established under section 1402(a) of the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921(a)).
(b) Selection of School for Program.--If the Secretary
conducts the pilot program, the Secretary shall select one
school of the defense dependents' education system for
participation in the program and provide for the operation of
the school by a private contractor for not less than one
complete school year.
(c) Report.--Not later than 30 days after the end of the
first school year in which the pilot program is conducted, the
Secretary shall submit to Congress a report on the results of
the program. The report shall include the recommendation of the
Secretary with respect to the extent to which other schools of
the defense dependents' education system should be operated by
private contractors.
SEC. 356. PROGRAM FOR IMPROVED TRAVEL PROCESS FOR THE DEPARTMENT OF
DEFENSE.
(a) In General.--(1) The Secretary of Defense shall conduct
a program to evaluate options to improve the Department of
Defense travel process. To carry out the program, the Secretary
shall compare the results of the tests conducted under
subsection (b) to determine which travel process tested under
such subsection is the better option to effectively manage
travel of Department personnel.
(2) The program shall be conducted at not less than three
and not more than six military installations, except that an
installation may be the subject of only one test conducted
under the program.
(3) The Secretary shall act through the Under Secretary of
Defense (Comptroller) in the performance of the Secretary's
responsibilities under this section.
(b) Conduct of Tests.--(1) The Secretary shall conduct a
test at an installation referred to in subsection (a)(2) under
which the Secretary--
(A) implements the changes proposed to be made with
respect to the Department of Defense travel process by
the task force on travel management that was
established by the Secretary in July 1994;
(B) manages and uniformly applies that travel
process (including the implemented changes) throughout
the Department; and
(C) provides opportunities for private-sector
sources to provide travel reservation services and
credit card services to facilitate that travel process.
(2) The Secretary shall conduct a test at an installation
referred to in subsection (a)(2) under which the Secretary--
(A) enters into one or more contracts with a
private-sector source pursuant to which the private-
sector source manages the Department of Defense travel
process (except for functions referred to in
subparagraph (B)), provides for responsive, reasonably
priced services as part of the travel process, and
uniformly applies the travel process throughout the
Department; and
(B) provides for the performance by employees of
the Department of only those travel functions, such as
travel authorization, that the Secretary considers to
be necessary to be performed by such employees.
(3) Each test required by this subsection shall begin not
later than 60 days after the date of the enactment of this Act
and end two years after the date on which it began. Each such
test shall also be conducted in accordance with the guidelines
for travel management issued for the Department by the Under
Secretary of Defense (Comptroller).
(c) Evaluation Criteria.--The Secretary shall establish
criteria to evaluate the travel processes tested under
subsection (b). The criteria shall, at a minimum, include the
extent to which a travel process provides for the following:
(1) The coordination, at the time of a travel
reservation, of travel policy and cost estimates with
the mission which necessitates the travel.
(2) The use of fully integrated travel solutions
envisioned by the travel reengineering report of the
Department of Defense dated January 1995.
(3) The coordination of credit card data and travel
reservation data with cost estimate data.
(4) The elimination of the need for multiple travel
approvals through the coordination of such data with
proposed travel plans.
(5) A responsive and flexible management
information system that enables the Under Secretary of
Defense (Comptroller) to monitor travel expenses
throughout the year, accurately plan travel budgets for
future years, and assess, in the case of travel of an
employee on temporary duty, the relationship between
the cost of the travel and the value of the travel to
the accomplishment of the mission which necessitates
the travel.
(d) Plan for Program.--Before conducting the program, the
Secretary shall develop a plan for the program that addresses
the following:
(1) The purposes of the program, including the
achievement of an objective of reducing by at least 50
percent the total cost incurred by the Department
annually to manage the Department of Defense travel
process.
(2) The methodology and anticipated cost of the
program, including the cost of an arrangement pursuant
to which a private-sector source would receive an
agreed-upon payment plus an additional negotiated
amount that does not exceed 50 percent of the total
amount saved in excess of the objective specified in
paragraph (1).
(3) A specific citation to any provision or law,
rule, or regulation that, if not waived, would prohibit
the conduct of the program or any part of the program.
(4) The evaluation criteria established pursuant to
subsection (c).
(5) A provision for implementing throughout the
Department the travel process determined to be the
better option to effectively manage travel of
Department personnel on the basis of a final assessment
of the results of the program.
(e) Report.--After the first full year of the conduct of
the tests required by subsection (b), the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the implementation of the program. The report shall
include an analysis of the evaluation criteria established
pursuant to subsection (c).
SEC. 357. INCREASED RELIANCE ON PRIVATE-SECTOR SOURCES FOR COMMERCIAL
PRODUCTS AND SERVICES.
(a) In General.--The Secretary of Defense shall endeavor to
carry out through a private-sector source any activity to
provide a commercial product or service for the Department of
Defense if--
(1) the product or service can be provided
adequately through such a source; and
(2) an adequate competitive environment exists to
provide for economical performance of the activity by
such a source.
(b) Applicability.--(1) Subsection (a) shall not apply to
any commercial product or service with respect to which the
Secretary determines that production, manufacture, or provision
of that product or service by the Government is necessary for
reasons of national security.
(2) A determination under paragraph (1) shall be made in
accordance with regulations prescribed under subsection (c).
(c) Regulations.--The Secretary shall prescribe regulations
to carry out this section. Such regulations shall be prescribed
in consultation with the Director of the Office of Management
and Budget.
(d) Report.--(1) The Secretary shall identify activities of
the Department (other than activities specified by the
Secretary pursuant to subsection (b)) that are carried out by
employees of the Department to provide commercial-type products
or services for the Department.
(2) Not later than April 15, 1996, the Secretary shall
transmit to the congressional defense committees a report on
opportunities for increased use of private-sector sources to
provide commercial products and services for the Department.
(3) The report required by paragraph (2) shall include the
following:
(A) A list of activities identified under paragraph
(1) indicating, for each activity, whether the
Secretary proposes to convert the performance of that
activity to performance by private-sector sources and,
if not, the reasons why.
(B) An assessment of the advantages and
disadvantages of using private-sector sources, rather
than employees of the Department, to provide commercial
products and services for the Department that are not
essential to the warfighting mission of the Armed
Forces.
(C) A specification of all legislative and
regulatory impediments to converting the performance of
activities identified under paragraph (1) to
performance by private-sector sources.
(D) The views of the Secretary on the desirability
of terminating the applicability of OMB Circular A-76
to the Department.
(4) The Secretary shall carry out paragraph (1) in
consultation with the Director of the Office of Management and
Budget and the Comptroller General of the United States. In
carrying out that paragraph, the Secretary shall consult with,
and seek the views of, representatives of the private sector,
including organizations representing small businesses.
Subtitle F--Miscellaneous Reviews, Studies, and Reports
SEC. 361. QUARTERLY READINESS REPORTS.
(a) In General.--(1) Chapter 22 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 452. Quarterly readiness reports
``(a) Requirement.--Not later than 30 days after the end of
each calendar-year quarter, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on military readiness. The report for any quarter
shall be based on assessments that are provided during that
quarter--
``(1) to any council, committee, or other body of
the Department of Defense (A) that has responsibility
for readiness oversight, and (B) the membership of
which includes at least one civilian officer in the
Office of the Secretary of Defense at the level of
Assistant Secretary of Defense or higher;
``(2) by senior civilian and military officers of
the military departments and the commanders of the
unified and specified commands; and
``(3) as part of any regularly established process
of periodic readiness reviews for the Department of
Defense as a whole.
``(b) Matters To Be Included.--Each such report shall--
``(1) specifically describe identified readiness
problems or deficiencies and planned remedial actions;
and
``(2) include the key indicators and other relevant
data related to the identified problem or deficiency.
``(c) Classification of Reports.--Reports under this
section shall be submitted in unclassified form and may, as the
Secretary determines necessary, also be submitted in classified
form.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``452. Quarterly readiness reports.''.
(b) Effective Date.--Section 452 of title 10, United States
Code, as added by subsection (a), shall take effect with the
calendar-year quarter during which this Act is enacted.
SEC. 362. RESTATEMENT OF REQUIREMENT FOR SEMIANNUAL REPORTS TO CONGRESS
ON TRANSFERS FROM HIGH-PRIORITY READINESS
APPROPRIATIONS.
Section 361 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2732) is
amended to read as follows:
``SEC. 361. SEMIANNUAL REPORTS TO CONGRESS ON TRANSFERS FROM HIGH-
PRIORITY READINESS APPROPRIATIONS.
``(a) Annual Reports.--During 1996 and 1997, the Secretary
of Defense shall submit to the congressional defense committees
a report on transfers during the preceding fiscal year from
funds available for each budget activity specified in
subsection (d) (hereinafter in this section referred to as
`covered budget activities'). The report each year shall be
submitted not later than the date in that year on which the
President submits the budget for the next fiscal year to
Congress pursuant to section 1105 of title 31, United States
Code.
``(b) Midyear Reports.--On May 1 of each year specified in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report providing the same
information, with respect to the first six months of the fiscal
year in which the report is submitted, that is provided in
reports under subsection (a) with respect to the preceding
fiscal year.
``(c) Matters To Be Included.--In each report under this
section, the Secretary shall include for each covered budget
activity the following:
``(1) A statement, for the period covered by the
report, of--
``(A) the total amount of transfers into
funds available for that activity;
``(B) the total amount of transfers from
funds available for that activity; and
``(C) the net amount of transfers into, or
out of, funds available for that activity.
``(2) A detailed explanation of the transfers into,
and out of, funds available for that activity during
the period covered by the report.
``(d) Covered Budget Activities.--The budget activities to
which this section applies are the following:
``(1) The budget activity groups (known as
`subactivities') within the Operating Forces budget
activity of the annual Operation and Maintenance, Army,
appropriation that are designated as follows:
``(A) Combat Units.
``(B) Tactical Support.
``(C) Force-Related Training/Special
Activities.
``(D) Depot Maintenance.
``(E) JCS Exercises.
``(2) The budget activity groups (known as
`subactivities') within the Operating Forces budget
activity of the annual Operation and Maintenance, Navy,
appropriation that are designated as follows:
``(A) Mission and Other Flight Operations.
``(B) Mission and Other Ship Operations.
``(C) Fleet Air Training.
``(D) Ship Operational Support and
Training.
``(E) Aircraft Depot Maintenance.
``(F) Ship Depot Maintenance.
``(3) The budget activity groups (known as
`subactivities'), or other activity, within the
Operating Forces budget activity of the annual
Operation and Maintenance, Air Force, appropriation
that are designated or otherwise identified as follows:
``(A) Primary Combat Forces.
``(B) Primary Combat Weapons.
``(C) Global and Early Warning.
``(D) Air Operations Training.
``(E) Depot Maintenance.
``(F) JCS Exercises.''.
SEC. 363. REPORT REGARDING REDUCTION OF COSTS ASSOCIATED WITH CONTRACT
MANAGEMENT OVERSIGHT.
(a) Report Required.--Not later than April 1, 1996, the
Comptroller General of the United States shall submit to
Congress a report identifying methods to reduce the cost to the
Department of Defense of management oversight of contracts in
connection with major defense acquisition programs.
(b) Major Defense Acquisition Programs Defined.--For
purposes of this section, the term ``major defense acquisition
program'' has the meaning given that term in section 2430(a) of
title 10, United States Code.
SEC. 364. REVIEWS OF MANAGEMENT OF INVENTORY CONTROL POINTS AND
MATERIEL MANAGEMENT STANDARD SYSTEM.
(a) Review of Consolidation of Inventory Control Points.--
(1) The Secretary of Defense shall conduct a review of the
management by the Defense Logistics Agency of all inventory
control points of the Department of Defense. In conducting the
review, the Secretary shall examine the management and
acquisition practices of the Defense Logistics Agency for
inventory of repairable spare parts.
(2) Not later than March 31, 1996, the Secretary shall
submit to the Comptroller General of the United States and the
congressional defense committees a report on the results the
review conducted under paragraph (1).
(b) Review of Materiel Management Standard System.--(1) The
Comptroller General of the United States shall conduct a review
of the automated data processing system of the Department of
Defense known as the Materiel Management Standard System.
(2) Not later than May 1, 1996, the Comptroller General
shall submit to the congressional defense committees a report
on the results of the review conducted under paragraph (1).
SEC. 365. REPORT ON PRIVATE PERFORMANCE OF CERTAIN FUNCTIONS PERFORMED
BY MILITARY AIRCRAFT.
(a) Report Required.--Not later than May 1, 1996, the
Secretary of Defense shall submit to Congress a report on the
feasibility of providing for the performance by private-sector
sources of functions necessary to be performed to fulfill the
requirements of the Department of Defense for air
transportation of personnel and cargo.
(b) Content of Report.--The report shall include the
following:
(1) A cost-benefit analysis with respect to the
performance by private-sector sources of functions
described in subsection (a), including an explanation
of the assumptions used in the cost-benefit analysis.
(2) An assessment of the issues raised by providing
for such performance by means of a contract entered
into with a private-sector source.
(3) An assessment of the issues raised by providing
for such performance by means of converting functions
described in subsection (a) to private ownership and
operation, in whole or in part.
(4) A discussion of the requirements for the
performance of such functions in order to fulfill the
requirements referred to in subsection (a) during
wartime.
(5) The effect on military personnel and facilities
of using private-sector sources to fulfill the
requirements referred to in such subsection.
(6) The performance by private-sector sources of
any other military aircraft functions (such as non-
combat inflight fueling of aircraft) the Secretary
considers appropriate.
SEC. 366. STRATEGY AND REPORT ON AUTOMATED INFORMATION SYSTEMS OF
DEPARTMENT OF DEFENSE.
(a) Development of Strategy.--The Secretary of Defense
shall develop a strategy for the development or modernization
of automated information systems for the Department of Defense.
(b) Matters to Consider.--In developing the strategy
required under subsection (a), the Secretary shall consider the
following:
(1) The use of performance measures and management
controls.
(2) Findings of the Functional Management Review
conducted by the Secretary.
(3) Program management actions planned by the
Secretary.
(4) Actions and milestones necessary for completion
of functional and economic analyses for--
(A) the Automated System for Transportation
data;
(B) continuous acquisition and life cycle
support;
(C) electronic data interchange;
(D) flexible computer integrated
manufacturing;
(E) the Navy Tactical Command Support
System; and
(F) the Defense Information System Network.
(5) Progress made by the Secretary in resolving
problems with respect to the Defense Information System
Network and the Joint Computer-Aided Acquisition and
Logistics Support System.
(6) Tasks identified in the review conducted by the
Secretary of the Standard Installation/Division
Personnel System-3.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Strategy.--(1) Not later than April 15, 1996,
the Secretary shall submit to Congress a report on the
development of the strategy required under subsection (a).
(2) In the case of the Air Force Wargaming Center, the Air
Force Command Exercise System, the Cheyenne Mountain Upgrade,
the Transportation Coordinator Automated Command and Control
Information Systems, and the Wing Command and Control Systems,
the report required by paragraph (1) shall provide functional
economic analyses and address waivers exercised for compelling
military importance under section 381(d) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 108 Stat. 2739).
(3) The report required by paragraph (1) shall also include
the following:
(A) A certification by the Secretary of the
termination of the Personnel Electronic Record
Management System or a justification for the continued
need for such system.
(B) Findings of the Functional Management Review
conducted by the Secretary and program management
actions planned by the Secretary for--
(i) the Base Level System Modernization and
the Sustaining Base Information System; and
(ii) the Standard Installation/Division
Personnel System-3.
(C) An assessment of the implementation of
migration systems and applications, including--
(i) identification of the systems and
applications by functional or business area,
specifying target dates for operation of the
systems and applications;
(ii) identification of the legacy systems
and applications that will be terminated;
(iii) the cost of and schedules for
implementing the migration systems and
applications; and
(iv) termination schedules.
(D) A certification by the Secretary that each
information system that is subject to review by the
Major Automated Information System Review Committee of
the Department is cost-effective and supports the
corporate information management goals of the
Department, including the results of the review
conducted for each such system by the Committee.
Subtitle G--Other Matters
SEC. 371. CODIFICATION OF DEFENSE BUSINESS OPERATIONS FUND.
(a) Management of Working-Capital Funds.--(1) Chapter 131
of title 10, United States Code, is amended by inserting after
section 2215 the following new section:
``Sec. 2216. Defense Business Operations Fund
``(a) Management of Working-Capital Funds and Certain
Activities.--The Secretary of Defense may manage the
performance of the working-capital funds and industrial,
commercial, and support type activities described in subsection
(b) through the fund known as the Defense Business Operations
Fund, which is established on the books of the Treasury. Except
for the funds and activities specified in subsection (b), no
other functions, activities, funds, or accounts of the
Department of Defense may be managed or converted to management
through the Fund.
``(b) Funds and Activities Included.--The funds and
activities referred to in subsection (a) are the following:
``(1) Working-capital funds established under
section 2208 of this title and in existence on December
5, 1991.
``(2) Those activities that, on December 5, 1991,
were funded through the use of a working-capital fund
established under that section.
``(3) The Defense Finance and Accounting Service.
``(4) The Defense Commissary Agency.
``(5) The Defense Reutilization and Marketing
Service.
``(6) The Joint Logistics Systems Center.
``(c) Separate Accounting, Reporting, and Auditing of Funds
and Activities.--(1) The Secretary of Defense shall provide in
accordance with this subsection for separate accounting,
reporting, and auditing of funds and activities managed through
the Fund.
``(2) The Secretary shall maintain the separate identity of
each fund and activity managed through the Fund that (before
the establishment of the Fund) was managed as a separate fund
or activity.
``(3) The Secretary shall maintain separate records for
each function for which payment is made through the Fund and
which (before the establishment of the Fund) was paid directly
through appropriations, including the separate identity of the
appropriation account used to pay for the performance of the
function.
``(d) Charges for Goods and Services Provided Through the
Fund.--(1) Charges for goods and services provided through the
Fund shall include the following:
``(A) Amounts necessary to recover the full costs
of the goods and services, whenever practicable, and
the costs of the development, implementation,
operation, and maintenance of systems supporting the
wholesale supply and maintenance activities of the
Department of Defense.
``(B) Amounts for depreciation of capital assets,
set in accordance with generally accepted accounting
principles.
``(C) Amounts necessary to recover the full cost of
the operation of the Defense Finance Accounting
Service.
``(2) Charges for goods and services provided through the
Fund may not include the following:
``(A) Amounts necessary to recover the costs of a
military construction project (as defined in section
2801(b) of this title), other than a minor construction
project financed by the Fund pursuant to section
2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a
military installation.
``(C) Amounts necessary to recover the costs of
functions designated by the Secretary of Defense as
mission critical, such as ammunition handling safety,
and amounts for ancillary tasks not directly related to
the mission of the function or activity managed through
the Fund.
``(3)(A) The Secretary of Defense may submit to a customer
a bill for the provision of goods and services through the Fund
in advance of the provision of those goods and services.
``(B) The Secretary shall submit to Congress a report on
advance billings made pursuant to subparagraph (A)--
``(i) when the aggregate amount of all such
billings after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996
reaches $100,000,000; and
``(ii) whenever the aggregate amount of all such
billings after the date of a preceding report under
this subparagraph reaches $100,000,000.
``(C) Each report under subparagraph (B) shall include, for
each such advance billing, the following:
``(i) An explanation of the reason for the advance
billing.
``(ii) An analysis of the impact of the advance
billing on readiness.
``(iii) An analysis of the impact of the advance
billing on the customer so billed.
``(e) Capital Asset Subaccount.--(1) Amounts charged for
depreciation of capital assets pursuant to subsection (d)(1)(B)
shall be credited to a separate capital asset subaccount
established within the Fund.
``(2) The Secretary of Defense may award contracts for
capital assets of the Fund in advance of the availability of
funds in the subaccount.
``(f) Procedures For Accumulation of Funds.--The Secretary
of Defense shall establish billing procedures to ensure that
the balance in the Fund does not exceed the amount necessary to
provide for the working capital requirements of the Fund, as
determined by the Secretary.
``(g) Purchase From Other Sources.--The Secretary of
Defense or the Secretary of a military department may purchase
goods and services that are available for purchase from the
Fund from a source other than the Fund if the Secretary
determines that such source offers a more competitive rate for
the goods and services than the Fund offers.
``(h) Annual Reports and Budget.--The Secretary of Defense
shall annually submit to Congress, at the same time that the
President submits the budget under section 1105 of title 31,
the following:
``(1) A detailed report that contains a statement
of all receipts and disbursements of the Fund
(including such a statement for each subaccount of the
Fund) for the fiscal year ending in the year preceding
the year in which the budget is submitted.
``(2) A detailed proposed budget for the operation
of the Fund for the fiscal year for which the budget is
submitted.
``(3) A comparison of the amounts actually expended
for the operation of the Fund for the fiscal year
referred to in paragraph (1) with the amount proposed
for the operation of the Fund for that fiscal year in
the President's budget.
``(4) A report on the capital asset subaccount of
the Fund that contains the following information:
``(A) The opening balance of the subaccount
as of the beginning of the fiscal year in which
the report is submitted.
``(B) The estimated amounts to be credited
to the subaccount in the fiscal year in which
the report is submitted.
``(C) The estimated amounts of outlays to
be paid out of the subaccount in the fiscal
year in which the report is submitted.
``(D) The estimated balance of the
subaccount at the end of the fiscal year in
which the report is submitted.
``(E) A statement of how much of the
estimated balance at the end of the fiscal year
in which the report is submitted will be needed
to pay outlays in the immediately following
fiscal year that are in excess of the amount to
be credited to the subaccount in the
immediately following fiscal year.
``(i) Definitions.--In this section:
``(1) The term `capital assets' means the following
capital assets that have a development or acquisition
cost of not less than $50,000:
``(A) Minor construction projects financed
by the Fund pursuant to section 2805(c)(1) of
this title.
``(B) Automatic data processing equipment,
software.
``(C) Equipment other than equipment
described in subparagraph (B).
``(D) Other capital improvements.
``(2) The term `Fund' means the Defense Business
Operations Fund.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2215
the following new item:
``2216. Defense Business Operations Fund.''.
(b) Conforming Repeals.--The following provisions of law
are hereby repealed:
(1) Subsections (b), (c), (d), and (e) of section
311 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2208
note).
(2) Subsections (a) and (b) of section 333 of the
National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 10 U.S.C. 2208 note).
(3) Section 342 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 2208 note).
(4) Section 316 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 2208 note).
(5) Section 8121 of the Department of Defense
Appropriations Act, 1992 (Public Law 102-172; 10 U.S.C.
2208 note).
SEC. 372. CLARIFICATION OF SERVICES AND PROPERTY THAT MAY BE EXCHANGED
TO BENEFIT THE HISTORICAL COLLECTION OF THE ARMED
FORCES.
Section 2572(b)(1) of title 10, United States Code, is
amended by striking out ``not needed by the armed forces'' and
all that follows through the end of the paragraph and inserting
in lieu thereof the following: ``not needed by the armed forces
for any of the following items or services if such items or
services directly benefit the historical collection of the
armed forces:
``(A) Similar items held by any individual,
organization, institution, agency, or nation.
``(B) Conservation supplies, equipment, facilities,
or systems.
``(C) Search, salvage, or transportation services.
``(D) Restoration, conservation, or preservation
services.
``(E) Educational programs.''.
SEC. 373. PROHIBITION ON CAPITAL LEASE FOR DEFENSE BUSINESS MANAGEMENT
UNIVERSITY.
None of the funds appropriated to the Department of Defense
for fiscal year 1996 may be used to enter into any lease with
respect to the Center for Financial Management Education and
Training of the Defense Business Management University if the
lease would be treated as a capital lease for budgetary
purposes.
SEC. 374. PERMANENT AUTHORITY FOR USE OF PROCEEDS FROM THE SALE OF
CERTAIN LOST, ABANDONED, OR UNCLAIMED PROPERTY.
(a) Permanent Authority.--Section 2575 of title 10 is
amended--
(1) by striking out subsection (b) and inserting in
lieu thereof the following:
``(b)(1) In the case of lost, abandoned, or unclaimed
personal property found on a military installation, the
proceeds from the sale of the property under this section shall
be credited to the operation and maintenance account of that
installation and used--
``(A) to reimburse the installation for any costs
incurred by the installation to collect, transport,
store, protect, or sell the property; and
``(B) to the extent that the amount of the proceeds
exceeds the amount necessary for reimbursing all such
costs, to support morale, welfare, and recreation
activities under the jurisdiction of the armed forces
that are conducted for the comfort, pleasure,
contentment, or physical or mental improvement of
members of the armed forces at such installation.
``(2) The net proceeds from the sale of other property
under this section shall be covered into the Treasury as
miscellaneous receipts.''; and
(2) by adding at the end the following:
``(d)(1) The owner (or heirs, next of kin, or legal
representative of the owner) of personal property the proceeds
of which are credited to a military installation under
subsection (b)(1) may file a claim with the Secretary of
Defense for the amount equal to the proceeds (less costs
referred to in subparagraph (A) of such subsection). Amounts to
pay the claim shall be drawn from the morale, welfare, and
recreation account for the installation that received the
proceeds.
``(2) The owner (or heirs, next of kin, or legal
representative of the owner) may file a claim with the
Comptroller General of the United States for proceeds covered
into the Treasury under subsection (b)(2).
``(3) Unless a claim is filed under this subsection within
5 years after the date of the disposal of the property to which
the claim relates, the claim may not be considered by a court,
the Secretary of Defense (in the case of a claim filed under
paragraph (1)), or the Comptroller General of the United States
(in the case of a claim filed under paragraph (2)).''.
(b) Repeal of Authority for Demonstration Program.--Section
343 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 105 Stat. 1343) is repealed.
SEC. 375. SALE OF MILITARY CLOTHING AND SUBSISTENCE AND OTHER SUPPLIES
OF THE NAVY AND MARINE CORPS.
(a) In General.--(1) Chapter 651 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and
employees; prices
``(a)(1) The Secretary of the Navy shall procure and sell,
for cash or credit--
``(A) articles designated by the Secretary to
members of the Navy and Marine Corps; and
``(B) items of individual clothing and equipment to
members of the Navy and Marine Corps, under such
restrictions as the Secretary may prescribe.
``(2) An account of sales on credit shall be kept and the
amount due reported to the Secretary. Except for articles and
items acquired through the use of working capital funds under
section 2208 of this title, sales of articles shall be at cost,
and sales of individual clothing and equipment shall be at
average current prices, including overhead, as determined by
the Secretary.
``(b) The Secretary shall sell subsistence supplies to
members of other armed forces at the prices at which like
property is sold to members of the Navy and Marine Corps.
``(c) The Secretary may sell serviceable supplies, other
than subsistence supplies, to members of other armed forces for
the buyers' use in the service. The prices at which the
supplies are sold shall be the same prices at which like
property is sold to members of the Navy and Marine Corps.
``(d) A person who has been discharged honorably or under
honorable conditions from the Army, Navy, Air Force or Marine
Corps and who is receiving care and medical 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) Under regulations prescribed by the Secretary,
payment for subsistence supplies shall be made in cash or by
commercial credit.
``(g)(1) The Secretary may provide for the procurement and
sale of stores designated by the Secretary to such civilian
officers and employees of the United States, and such other
persons, as the Secretary considers proper--
``(A) at military installations outside the United
States; and
``(B) subject to paragraph (2), at military
installations inside the United States where the
Secretary determines that it is impracticable for those
civilian officers, employees, and persons to obtain
such stores from commercial enterprises without
impairing the efficient operation of military
activities.
``(2) Sales to civilian officers and employees inside the
United States may be made under paragraph (1) only to civilian
officers and employees residing within military installations.
``(h) Appropriations for subsistence of the Navy or Marine
Corps may be applied to the purchase of subsistence supplies
for sale to members of the Navy and Marine Corps on active duty
for the use of such members and their families.''.
(2) The table of sections at the beginning of chapter 651
of such title is amended by adding at the end the following:
``7606. Subsistence and other supplies: members of armed forces;
veterans; executive or military departments and employees;
prices.''.
(b) Conforming Amendments for Other Armed Forces.--(1)
Section 4621 of such title is amended--
(A) by striking out ``The branch, office, or
officer designated by the Secretary of the Army'' in
subsection (a) and inserting in lieu thereof ``The
Secretary of the Army'';
(B) by striking out ``The branch, office, or
officer designated by the Secretary'' both places it
appears in subsections (b) and (c) and inserting in
lieu thereof ``The Secretary''; and
(C) by inserting before the period at the end of
subsection (f) the following: ``or by commercial
credit''.
(2) Section 9621 of such title is amended--
(A) by striking out ``The Air Force shall'' in
subsection (b) and inserting in lieu thereof ``The
Secretary shall''; and
(B) by inserting before the period at the end of
subsection (f) the following: ``or by commercial
credit''.
SEC. 376. PERSONNEL SERVICES AND LOGISTICAL SUPPORT FOR CERTAIN
ACTIVITIES HELD ON MILITARY INSTALLATIONS.
Section 2544 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) In the case of a Boy Scout Jamboree held on a
military installation, the Secretary of Defense may provide
personnel services and logistical support at the military
installation in addition to the support authorized under
subsections (a) and (d).''.
SEC. 377. RETENTION OF MONETARY AWARDS.
(a) Monetary Awards.--Chapter 155 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2610. Competitions for excellence: acceptance of monetary awards
``(a) Acceptance Authorized.--The Secretary of Defense may
accept a monetary award given to the Department of Defense by a
nongovernmental entity as a result of the participation of the
Department in a competition carried out to recognize excellence
or innovation in providing services or administering programs.
``(b) Disposition of Awards.--A monetary award accepted
under subsection (a) shall be credited to one or more
nonappropriated fund accounts supporting morale, welfare, and
recreation activities for the command, installation, or other
activity that is recognized for the award. Amounts so credited
may be expended only for such activities.
``(c) Incidental Expenses.--Subject to such limitations as
may be provided in appropriation Acts, appropriations available
to the Department of Defense may be used to pay incidental
expenses incurred by the Department to participate in a
competition described in subsection (a) or to accept a monetary
award under this section.
``(d) Regulations and Reporting.--(1) The Secretary shall
prescribe regulations to determine the disposition of monetary
awards accepted under this section and the payment of
incidental expenses under subsection (c).
``(2) At the end of each year, the Secretary shall submit
to Congress a report for that year describing the disposition
of monetary awards accepted under this section and the payment
of incidental expenses under subsection (c).
``(e) Termination.--The authority of the Secretary under
this section shall expire two years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 1996.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2610. Competitions for excellence: acceptance of monetary awards.''.
SEC. 378. PROVISION OF EQUIPMENT AND FACILITIES TO ASSIST IN EMERGENCY
RESPONSE ACTIONS.
Section 372 of title 10, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new
subsection:
``(b) Emergencies Involving Chemical and Biological
Agents.--(1) In addition to equipment and facilities described
in subsection (a), the Secretary may provide an item referred
to in paragraph (2) to a Federal, State, or local law
enforcement or emergency response agency to prepare for or
respond to an emergency involving chemical or biological agents
if the Secretary determines that the item is not reasonably
available from another source.
``(2) An item referred to in paragraph (1) is any material
or expertise of the Department of Defense appropriate for use
in preparing for or responding to an emergency involving
chemical or biological agents, including the following:
``(A) Training facilities.
``(B) Sensors.
``(C) Protective clothing.
``(D) Antidotes.''.
SEC. 379. REPORT ON DEPARTMENT OF DEFENSE MILITARY AND CIVIL DEFENSE
PREPAREDNESS TO RESPOND TO EMERGENCIES RESULTING
FROM A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, OR
NUCLEAR ATTACK.
(a) Report.--(1) Not later than March 1, 1996, the
Secretary of Defense and the Secretary of Energy shall submit
to Congress a joint report on the military and civil defense
plans and programs of the Department of Defense to prepare for
and respond to the effects of an emergency in the United States
resulting from a chemical, biological, radiological, or nuclear
attack on the United States (hereinafter in this section
referred to as an ``attack-related civil defense emergency'').
(2) The report shall be prepared in consultation with the
Director of the Federal Emergency Management Agency.
(b) Content of Report.--The report shall include the
following:
(1) A discussion of the military and civil defense
plans and programs of the Department of Defense for
preparing for and responding to an attack-related civil
defense emergency arising from an attack of a type for
which the Department of Defense has a primary
responsibility to respond.
(2) A discussion of the military and civil defense
plans and programs of the Department of Defense for
preparing for and providing a response to an attack-
related civil defense emergency arising from an attack
of a type for which the Department of Defense has
responsibility to provide a supporting response.
(3) A description of any actions, and any
recommended legislation, that the Secretaries consider
necessary for improving the preparedness of the
Department of Defense to respond effectively to an
attack-related civil defense emergency.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) Fiscal Year 1996.--The Armed Forces are authorized
strengths for active duty personnel as of September 30, 1996,
as follows:
(1) The Army, 495,000, of which not more than
81,300 may be commissioned officers.
(2) The Navy, 428,340, of which not more than
58,870 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not more
than 17,978 may be commissioned officers.
(4) The Air Force, 388,200, of which not more than
75,928 may be commissioned officers.
(b) Floor on End Strengths.--(1) Chapter 39 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 691. Permanent end strength levels to support two major regional
contingencies
``(a) The end strengths specified in subsection (b) are the
minimum strengths necessary to enable the armed forces to
fulfill a national defense strategy calling for the United
States to be able to successfully conduct two nearly
simultaneous major regional contingencies.
``(b) Unless otherwise provided by law, the number of
members of the armed forces (other than the Coast Guard) on
active duty at the end of any fiscal year shall be not less
than the following:
``(1) For the Army, 495,000.
``(2) For the Navy, 395,000.
``(3) For the Marine Corps, 174,000.
``(4) For the Air Force, 381,000.
``(c) No funds appropriated to the Department of Defense
may be used to implement a reduction of the active duty end
strength for any of the armed forces for any fiscal year below
the level specified in subsection (b) unless the Secretary of
Defense submits to Congress notice of the proposed lower end
strength levels and a justification for those levels. No action
may then be taken to implement such a reduction for that fiscal
year until the end of the six-month period beginning on the
date of the receipt of such notice by Congress.
``(d) For a fiscal year for which the active duty end
strength authorized by law pursuant to section 115(a)(1)(A) of
this title for any of the armed forces is identical to the
number applicable to that armed force under subsection (b), the
Secretary of Defense may reduce that number by not more than
0.5 percent.
``(e) The number of members of the armed forces on active
duty shall be counted for purposes of this section in the same
manner as applies under section 115(a)(1) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``691. Permanent end strength levels to support two major regional
contingencies.''.
(c) Active Component End Strength Flexibility.--Section
115(c)(1) of title 10, United States Code, is amended by
striking out ``0.5 percent'' and ``inserting in lieu thereof
``1 percent''.
SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED END STRENGTH
LIMITATIONS FOR ACTIVE DUTY AIR FORCE AND NAVY
OFFICERS IN CERTAIN GRADES.
(a) Air Force Officers.--In the administration of the
limitation under section 523(a)(1) of title 10, United States
Code, for fiscal years 1996 and 1997, the numbers applicable to
officers of the Air Force serving on active duty in the grades
of major, lieutenant colonel, and colonel shall be the numbers
set forth for that fiscal year in the following table (rather
than the numbers determined in accordance with the table in
that section):
----------------------------------------------------------------------------------------------------------------
Number of officers who may be serving on active duty in
the grade of:
Fiscal year: ---------------------------------------------------------
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.''.
(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. END STRENGTHS FOR SELECTED RESERVE.
(a) Fiscal Year 1996.--The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1996, as follows:
(1) The Army National Guard of the United States,
373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
(5) The Air National Guard of the United States,
112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary
the end strength authorized by subsection (a) by not more than
2 percent.
(c) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by--
(1) the total authorized strength of units
organized to serve as units of the Selected Reserve of
such component which are on active duty (other than for
training) at the end of the fiscal year, and
(2) the total number of individual members not in
units organized to serve as units of the Selected
Reserve of such component who are on active duty (other
than for training or for unsatisfactory participation
in training) without their consent at the end of the
fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1996, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the case
of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States,
10,066.
(6) The Air Force Reserve, 628.
SEC. 413. COUNTING OF CERTAIN ACTIVE COMPONENT PERSONNEL ASSIGNED IN
SUPPORT OF RESERVE COMPONENT TRAINING.
Section 414(c) of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
12001 note) is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
and
(2) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may count toward the number
of active component personnel required under paragraph (1) to
be assigned to serve as advisers under the program under this
section any active component personnel who are assigned to an
active component unit (A) that was established principally for
the purpose of providing dedicated training support to reserve
component units, and (B) the primary mission of which is to
provide such dedicated training support.''.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
SERVE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 643 140
Lieutenant Colonel or Commander..... 1,524 520 672 90
Colonel or Navy Captain............. 412 188 274 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 603 202 366 20
E-8................................. 2,585 429 890 94''.
------------------------------------------------------------------------
SEC. 415. RESERVES ON ACTIVE DUTY IN SUPPORT OF COOPERATIVE THREAT
REDUCTION PROGRAMS NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is amended
by adding at the end the following:
``(8) Members of the Selected Reserve of the Ready
Reserve on active duty for more that 180 days to
support programs described in section 1203(b) of the
Cooperative Threat Reduction Act of 1993 (title XII of
Public Law 103-160; 22 U.S.C. 5952(b)).''.
SEC. 416. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-MILITARY CONTACTS AND
COMPARABLE ACTIVITIES NOT TO BE COUNTED.
Section 168 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Active Duty End Strengths.--(1) A member of a reserve
component referred to in paragraph (2) shall not be counted for
purposes of the following personnel strength limitations:
``(A) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out the
activities referred to in paragraph (2).
``(B) The authorized daily average for members in
pay grades E-8 and E-9 under section 517 of this title
for the calendar year in which the member carries out
such activities.
``(C) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
``(2) A member of a reserve component referred to in
paragraph (1) is any member on active duty under an order to
active duty for 180 days or more who is engaged in activities
authorized under this section.''.
Subtitle C--Military Training Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) In General.--For fiscal year 1996, the components of
the Armed Forces are authorized average military training loads
as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) Scope.--The average military training student loads
authorized for an armed force under subsection (a) apply to the
active and reserve components of that armed force.
(c) Adjustments.--The average military training student
loads authorized in subsection (a) shall be adjusted consistent
with the end strengths authorized in subtitles A and B. The
Secretary of Defense shall prescribe the manner in which such
adjustments shall be apportioned.
Subtitle D--Authorization of Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1996 a total of $69,191,008,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1996.
SEC. 432. AUTHORIZATION FOR INCREASE IN ACTIVE-DUTY END STRENGTHS.
(a) Authorization.--There is hereby authorized to be
appropriated to the Department of Defense for fiscal year 1996
for military personnel the sum of $112,000,000. Any amount
appropriated pursuant to this section shall be allocated, in
such manner as the Secretary of Defense prescribes, among
appropriations for active-component military personnel for that
fiscal year and shall be available only to increase the number
of members of the Armed Forces on active duty during that
fiscal year (compared to the number of members that would be on
active duty but for such appropriation).
(b) Effect on End Strengths.--The end-strength
authorizations in section 401 shall each be deemed to be
increased by such number as necessary to take account of
additional members of the Armed Forces authorized by the
Secretary of Defense pursuant to subsection (a).
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) Critical Joint Duty Assignment Positions.--Section
661(d)(2)(A) of title 10, United States Code, is amended by
striking out ``1,000'' and inserting in lieu thereof ``800''.
(b) Additional Qualifying Joint Service.--Section 664 of
such title is amended by adding at the end the following:
``(i) Joint Duty Credit for Certain Joint Task Force
Assignments.--(1) In the case of an officer who completes
service in a qualifying temporary joint task force assignment,
the Secretary of Defense, with the advice of the Chairman of
the Joint Chiefs of Staff, may (subject to the criteria
prescribed under paragraph (4)) grant the officer--
``(A) credit for having completed a full tour of
duty in a joint duty assignment; or
``(B) credit countable for determining cumulative
service in joint duty assignments.
``(2)(A) For purposes of paragraph (1), a qualifying
temporary joint task force assignment of an officer is a
temporary assignment, any part of which is performed by the
officer on or after the date of the enactment of this
subsection--
``(i) to the headquarters staff of a United States
joint task force that is part of a unified command or
the United States element of the headquarters staff of
a multinational force; and
``(ii) with respect to which the Secretary of
Defense determines that service of the officer in that
assignment is equivalent to that which would be gained
by the officer in a joint duty assignment.
``(B) An officer may not be granted credit under this
subsection unless the officer is recommended for such credit by
the Chairman of the Joint Chiefs of Staff.
``(3) Credit under paragraph (1) (including a determination
under paragraph (2)(A)(ii) and a recommendation under paragraph
(2)(B) with respect to such credit) may be granted only on a
case-by-case basis in the case of an individual officer.
``(4) The Secretary of Defense shall prescribe by
regulation criteria for determining whether an officer may be
granted credit under paragraph (1) with respect to service in a
qualifying temporary joint task force assignment. The criteria
shall apply uniformly among the armed forces and shall include
the following requirements:
``(A) For an officer to be credited as having
completed a full tour of duty in a joint duty
assignment, the length of the officer's service in the
qualifying temporary joint task force assignment must
meet the requirements of subsection (a) or (c).
``(B) For an officer to be credited with service
for purposes of determining cumulative service in joint
duty assignments, the officer must serve at least 90
consecutive days in the qualifying temporary joint task
force assignment.
``(C) The service must be performed in support of a
mission that is directed by the President or that is
assigned by the President to United States forces in
the joint task force involved.
``(D) The joint task force must be constituted or
designated by the Secretary of Defense or by the
commander of a combatant command or of another force.
``(E) The joint task force must conduct combat or
combat-related operations in a unified action under
joint or multinational command and control.
``(5) Officers for whom joint duty credit is granted
pursuant to this subsection may not be taken into account for
the purposes of any of the following provisions of this title:
section 661(d)(1), section 662(a)(3), section 662(b),
subsection (a) of this section, and paragraphs (7), (8), (9),
(11), and (12) of section 667.
``(6) In the case of an officer credited with having
completed a full tour of duty in a joint duty assignment
pursuant to this subsection, the Secretary of Defense may waive
the requirement in paragraph (1)(B) of section 661(c) of this
title that the tour of duty in a joint duty assignment be
performed after the officer completes a program of education
referred to in paragraph (1)(A) of that section. The provisions
of subparagraphs (C) and (D) of section 661(c)(3) of this title
shall apply to such a waiver in the same manner as to a waiver
under subparagraph (A) of that section.''.
(c) Information in Annual Report.--Section 667 of such
title is amended by striking out paragraph (16) and inserting
after paragraph (15) the following new paragraph (16):
``(16) The number of officers granted credit for
service in joint duty assignments under section 664(i)
of this title and--
``(A) of those officers--
``(i) the number of officers
credited with having completed a tour
of duty in a joint duty assignment; and
``(ii) the number of officers
granted credit for purposes of
determining cumulative service in joint
duty assignments; and
``(B) the identity of each operation for
which an officer has been granted credit
pursuant to section 664(i) of this title and a
brief description of the mission of the
operation.''.
(d) Applicability of Limitation on Waiver Authority.--
Section 661(c)(3) of such title is amended--
(1) in the third sentence of subparagraph (D), by
striking out ``The total number'' and inserting in lieu
thereof ``In the case of officers in grades below
brigadier general and rear admiral (lower half), the
total number''; and
(2) by adding at the end the following new
subparagraph:
``(E) There may not be more than 32 general and flag
officers on active duty at the same time who were selected for
the joint specialty while holding a general or flag officer
grade and for whom a waiver was granted under this
subparagraph.''.
(e) Length of Second Joint Tour.--Section 664 of such title
is amended--
(1) in subsection (e)(2), by inserting after
subparagraph (B) the following:
``(C) Service described in subsection (f)(6),
except that no more than 10 percent of all joint duty
assignments shown on the list published pursuant to
section 668(b)(2)(A) of this title may be so excluded
in any year.''; and
(2) in subsection (f)--
(A) in the matter preceding paragraph (1),
by striking out ``completion of--'' and
inserting in lieu thereof ``completion of any
of the following:'';
(B) by striking out ``a'' at the beginning
of paragraphs (1), (2), (4), and (5) and
inserting in lieu thereof ``A'';
(C) by striking out ``cumulative'' in
paragraph (3) and inserting in lieu thereof
``Cumulative'';
(D) by striking out the semicolon at the
end of paragraphs (1), (2), and (3) and ``;
or'' at the end of paragraph (4) and inserting
in lieu thereof a period; and
(E) by adding at the end the following:
``(6) A second joint duty assignment that is less
than the period required under subsection (a), but not
less than two years, without regard to whether a waiver
was granted for such assignment under subsection
(b).''.
(f) Technical Amendment.--Section 664(e)(1) of such title
is amended by striking out ``(after fiscal year 1990)''.
SEC. 502. RETIRED GRADE FOR OFFICERS IN GRADES ABOVE MAJOR GENERAL AND
REAR ADMIRAL.
(a) Applicability of Time-in-Grade Requirements.--Section
1370 of title 10, United States Code, is amended--
(1) in subsection (a)(2)(A), by striking out ``and
below lieutenant general or vice admiral''; and
(2) in the first sentence of subsection (d)(2)(B),
as added effective October 1, 1996, by section 1641 of
the Reserve Officer Personnel Management Act (title XVI
of Public Law 103-337; 108 Stat. 2968), by striking out
``and below lieutenant general or vice admiral''.
(b) Retirement in Highest Grade Upon Certification of
Satisfactory Service.--Subsection (c) of such section is
amended to read as follows:
``(c) Officers in O-9 and O-10 Grades.--(1) An officer who
is serving in or has served in the grade of general or admiral
or lieutenant general or vice admiral may be retired in that
grade under subsection (a) only after the Secretary of Defense
certifies in writing to the President and Congress that the
officer served on active duty satisfactorily in that grade.
``(2) In the case of an officer covered by paragraph (1),
the three-year service-in-grade requirement in paragraph (2)(A)
of subsection (a) may not be reduced or waived under that
subsection--
``(A) while the officer is under investigation for
alleged misconduct; or
``(B) while there is pending the disposition of an
adverse personnel action against the officer for
alleged misconduct.''.
(c) Repeal of Superseded Provisions.--Sections 3962(a),
5034, 5043(c), and 8962(a) of such title are repealed.
(d) Technical and Clerical Amendments.--(1) Sections
3962(b) and 8962(b) of such title are amended by striking out
``(b) Upon'' and inserting in lieu thereof ``Upon''.
(2) The table of sections at the beginning of chapter 505
of such title is amended by striking out the item relating to
section 5034.
(e) Effective Date for Amendment to Provision Taking Effect
in 1996.--The amendment made by subsection (a)(2) shall take
effect on October 1, 1996, immediately after subsection (d) of
section 1370 of title 10, United States Code, takes effect
under section 1691(b)(1) of the Reserve Officer Personnel
Management Act (108 Stat. 3026).
(f) Preservation of Applicability of Limitation.--Section
1370(a)(2)(C) of title 10, United States Code, is amended by
striking out ``The number of officers in an armed force in a
grade'' and inserting in lieu thereof ``In the case of a grade
below the grade of lieutenant general or vice admiral, the
number of members of one of the armed forces in that grade''.
(g) Stylistic Amendments.--Section 1370 of title 10, United
States Code, is further amended--
(1) in subsection (a), by striking out ``(a)(1)''
and inserting in lieu thereof ``(a) Rule for Retirement
in Highest Grade Held Satisfactorily.--(1)'';
(2) in subsection (b), by inserting ``Retirement in
Next Lower Grade.--'' after ``(b)''; and
(3) in subsection (d), as added effective October
1, 1996, by section 1641 of the Reserve Officer
Personnel Management Act (title XVI of Public Law 103-
337; 108 Stat. 2968), by striking out ``(d)(1)'' and
inserting in lieu thereof ``(d) Reserve Officers.--
(1)''.
SEC. 503. WEARING OF INSIGNIA FOR HIGHER GRADE BEFORE PROMOTION.
(a) Authority and Limitations.--(1) Chapter 45 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 777. Wearing of insignia of higher grade before promotion
(frocking): authority; restrictions
``(a) Authority.--An officer who has been selected for
promotion to the next higher grade may be authorized, under
regulations and policies of the Department of Defense and
subject to subsection (b), to wear the insignia for that next
higher grade. An officer who is so authorized to wear the
insignia of the next higher grade is said to be `frocked' to
that grade.
``(b) Restrictions.--An officer may not be authorized to
wear the insignia for a grade as described in subsection (a)
unless--
``(1) the Senate has given its advice and consent
to the appointment of the officer to that grade; and
``(2) the officer is serving in, or has received
orders to serve in, a position for which that grade is
authorized.
``(c) Benefits Not To Be Construed as Accruing.--(1)
Authority provided to an officer as described in subsection (a)
to wear the insignia of the next higher grade may not be
construed as conferring authority for that officer to--
``(A) be paid the rate of pay provided for an
officer in that grade having the same number of years
of service as that officer; or
``(B) assume any legal authority associated with
that grade.
``(2) The period for which an officer wears the insignia of
the next higher grade under such authority may not be taken
into account for any of the following purposes:
``(A) Seniority in that grade.
``(B) Time of service in that grade.
``(d) Limitation on Number of Officers Frocked to Specified
Grades.--(1) The total number of colonels and Navy captains on
the active-duty list who are authorized as described in
subsection (a) to wear the insignia for the grade of brigadier
general or rear admiral (lower half), as the case may be, may
not exceed the following:
``(A) During fiscal years 1996 and 1997, 75.
``(B) During fiscal year 1998, 55.
``(C) After fiscal year 1998, 35.
``(2) The number of officers of an armed force on the
active-duty list who are authorized as described in subsection
(a) to wear the insignia for a grade to which a limitation on
total number applies under section 523(a) of this title for a
fiscal year may not exceed 1 percent of the total number
provided for the officers in that grade in that armed force in
the administration of the limitation under that section for
that fiscal year.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``777. Wearing of insignia of higher grade before promotion (frocking):
authority; restrictions.''.
(b) Temporary Variation of Limitations on Numbers of
Frocked Officers.--In the administration of section 777(d)(2)
of title 10, United States Code (as added by subsection (a)),
the percent limitation applied under that section for fiscal
year 1996 shall be 2 percent (instead of 1 percent).
(c) Report.--Not later than September 1, 1996, the
Secretary of Defense shall submit to Congress a report
providing the assessment of the Secretary on the practice,
known as ``frocking'', of authorizing an officer who has been
selected for promotion to the next higher grade to wear the
insignia for that next higher grade. The report shall include
the Secretary's assessment of the appropriate number, if any,
of colonels and Navy captains to be eligible under section
777(d)(1) of title 10, United States Code (as added by
subsection (a)), to wear the insignia for the grade of
brigadier general or rear admiral (lower half).
SEC. 504. AUTHORITY TO EXTEND TRANSITION PERIOD FOR OFFICERS SELECTED
FOR EARLY RETIREMENT.
(a) Selective Retirement of Warrant Officers.--Section 581
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(e) The Secretary concerned may defer for not more than
90 days the retirement of an officer otherwise approved for
early retirement under this section in order to prevent a
personal hardship to the officer or for other humanitarian
reasons. Any such deferral shall be made on a case-by-case
basis considering the circumstances of the case of the
particular officer concerned. The authority of the Secretary to
grant such a deferral may not be delegated.''.
(b) Selective Early Retirement of Active-Duty Officers.--
Section 638(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary concerned may defer for not more than
90 days the retirement of an officer otherwise approved for
early retirement under this section or section 638a of this
title in order to prevent a personal hardship to the officer or
for other humanitarian reasons. Any such deferral shall be made
on a case-by-case basis considering the circumstances of the
case of the particular officer concerned. The authority of the
Secretary to grant such a deferral may not be delegated.''.
SEC. 505. ARMY OFFICER MANNING LEVELS.
(a) In General.--(1) Chapter 331 of title 10, United States
Code, is amended by inserting after the table of sections the
following new section:
``Sec. 3201. Officers on active duty: minimum strength based on
requirements
``(a) The Secretary of the Army shall ensure that
(beginning with fiscal year 1999) the strength at the end of
each fiscal year of officers on active duty is sufficient to
enable the Army to meet at least that percentage of the
programmed manpower structure for officers for the active
component of the Army that is provided for in the most recent
Defense Planning Guidance issued by the Secretary of Defense.
``(b) The number of officers on active duty shall be
counted for purposes of this section in the same manner as
applies under section 115(a)(1) of this title.
``(c) In this section:
``(1) The term `programmed manpower structure'
means the aggregation of billets describing the full
manpower requirements for units and organizations in
the programmed force structure.
``(2) The term `programmed force structure' means
the set of units and organizations that exist in the
current year and that is planned to exist in each
future year under the then-current Future-Years Defense
Program.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after ``Sec.'' the following new item:
``3201. Officers on active duty: minimum strength based on
requirements.''.
(b) Assistance in Accomplishing Requirement.--The Secretary
of Defense shall provide to the Army sufficient personnel and
financial resources to enable the Army to meet the requirement
specified in section 3201 of title 10, United States Code, as
added by subsection (a).
SEC. 506. AUTHORITY FOR MEDICAL DEPARTMENT OFFICERS OTHER THAN
PHYSICIANS TO BE APPOINTED AS SURGEON GENERAL.
(a) Surgeon General of the Army.--The third sentence of
section 3036(b) of title 10, United States Code, is amended by
inserting after ``The Surgeon General'' the following: ``may be
appointed from officers in any corps of the Army Medical
Department and''.
(b) Surgeon General of the Navy.--Section 5137 of such
title is amended--
(1) in the first sentence of subsection (a), by
striking out ``in the Medical Corps'' and inserting in
lieu thereof ``in any corps of the Navy Medical
Department''; and
(2) in subsection (b), by striking out ``in the
Medical Corps'' and inserting in lieu thereof ``who is
qualified to be the Chief of the Bureau of Medicine and
Surgery''.
(c) Surgeon General of the Air Force.--The first sentence
of section 8036 of such title is amended by striking out
``designated as medical officers under section 8067(a) of this
title'' and inserting in lieu thereof ``in the Air Force
medical department''.
SEC. 507. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR FORCE.
(a) Tenure and Grade of Deputy Judge Advocate General.--
Section 8037(d)(1) of such title is amended--
(1) in the second sentence, by striking out ``two
years'' and inserting in lieu thereof ``four years'';
and
(2) by striking out the last sentence and inserting
in lieu thereof the following: ``An officer appointed
as Deputy Judge Advocate General who holds a lower
regular grade shall be appointed in the regular grade
of major general.''.
(b) Effective Date.--The amendments made by subsection (a)
apply to any appointment to the position of Deputy Judge
Advocate General of the Air Force that is made after the date
of the enactment of this Act.
SEC. 508. AUTHORITY FOR TEMPORARY PROMOTIONS FOR CERTAIN NAVY
LIEUTENANTS WITH CRITICAL SKILLS.
(a) Extension of Authority.--Subsection (f) of section 5721
of title 10, United States Code, is amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Limitation.--Such section is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Limitation on Number of Eligible Positions.--(1) An
appointment under this section may only be made for service in
a position designated by the Secretary of the Navy for purposes
of this section. The number of positions so designated may not
exceed 325.
``(2) Whenever the Secretary makes a change to the
positions designated under paragraph (1), the Secretary shall
submit notice of the change in writing to Congress.''.
(c) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit to Congress a report providing the
Secretary's assessment of that continuing need for the
promotion authority under section 5721 of title 10, United
States Code. The Secretary shall include in the report the
following:
(1) The nature and grade structure of the positions
for which such authority has been used.
(2) The cause or causes of the reported chronic
shortages of qualified personnel in the required grade
to fill the positions specified under paragraph (1).
(3) The reasons for the perceived inadequacy of the
officer promotion system (including ``below-the-zone''
selections) to provide sufficient officers in the
required grade to fill those positions.
(4) The extent to which a bonus program or some
other program would be a more appropriate means of
resolving the reported chronic shortages in engineering
positions.
(d) Clerical Amendments.--Section 5721 of title 10, United
States Code, is amended as follows:
(1) Subsection (a) is amended by inserting
``Promotion Authority for Certain Officer With Critical
Skills.--'' after ``(a)''.
(2) Subsection (b) is amended by inserting ``Status
of Officers Appointed.--'' after ``(b)''.
(3) Subsection (c) is amended by inserting ``Board
Recommendation Required.--'' after ``(c)''.
(4) Subsection (d) is amended by inserting
``Acceptance and Effective Date of Appointment.--''
after ``(d)''.
(5) Subsection (e) is amended by inserting
``Termination of Appointment.--'' after ``(e)''.
(6) Subsection (g), as redesignated by subsection
(b)(1), is amended by inserting ``Termination of
Appointment Authority.--'' after ``(g)''.
(e) Effective Date.--Subsection (f) of section 5721 of
title 10, United States Code, as added by subsection (b)(2),
shall take effect at the end of the 30-day period beginning on
the date of the enactment of this Act and shall apply to any
appointment under that section after the end of such period.
SEC. 509. RETIREMENT FOR YEARS OF SERVICE OF DIRECTORS OF ADMISSIONS OF
MILITARY AND AIR FORCE ACADEMIES.
(a) Military Academy.--(1) Section 3920 of title 10, United
States Code, is amended to read as follows:
``Sec. 3920. More than thirty years: permanent professors and the
Director of Admissions of the United States
Military Academy
``(a) The Secretary of the Army may retire an officer
specified in subsection (b) who has more than 30 years of
service as a commissioned officer.
``(b) Subsection (a) applies in the case of the following
officers:
``(1) Any permanent professor of the United States
Military Academy.
``(2) The Director of Admissions of the United
States Military Academy.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 367 of such title is
amended to read as follows:
``3920. More than thirty years: permanent professors and the Director of
Admissions of the United States Military Academy.''.
(b) Air Force Academy.--(1) Section 8920 of title 10,
United States Code, is amended to read as follows:
``Sec. 8920. More than thirty years: permanent professors and the
Director of Admissions of the United States Air
Force Academy
``(a) The Secretary of the Air Force may retire an officer
specified in subsection (b) who has more than 30 years of
service as a commissioned officer.
``(b) Subsection (a) applies in the case of the following
officers:
``(1) Any permanent professor of the United States
Air Force Academy.
``(2) The Director of Admissions of the United
States Air Force Academy.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 867 of such title is
amended to read as follows:
``8920. More than thirty years: permanent professors and the Director of
Admissions of the United States Air Force Academy.''.
Subtitle B--Matters Relating to Reserve Components
SEC. 511. EXTENSION OF CERTAIN RESERVE OFFICER MANAGEMENT AUTHORITIES.
(a) Grade Determination Authority for Certain Reserve
Medical Officers.--Section 3359(b) and 8359(b) of title 10,
United States Code, are each amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(b) Promotion Authority for Certain Reserve Officers
Serving on Active Duty.--Sections 3380(d) and 8380(d) of title
10, United States Code, are each amended by striking out
``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
(c) Years of Service for Mandatory Transfer to the Retired
Reserve.--Section 1016(d) of the Department of Defense
Authorization Act, 1984 (10 U.S.C. 3360) is amended by striking
out ``September 30, 1995'' and inserting in lieu thereof
``September 30, 1996''.
SEC. 512. MOBILIZATION INCOME INSURANCE PROGRAM FOR MEMBERS OF READY
RESERVE.
(a) Establishment of Program.--(1) Subtitle E of title 10,
United States Code, is amended by inserting after chapter 1213
the following new chapter:
``CHAPTER 1214--READY RESERVE MOBILIZATION INCOME INSURANCE
``Sec.
``12521. Definitions.
``12522. Establishment of insurance program.
``12523. Risk insured.
``12524. Enrollment and election of benefits.
``12525. Benefit amounts.
``12526. Premiums.
``12527. Payment of premiums.
``12528. Reserve Mobilization Income Insurance Fund.
``12529. Board of Actuaries.
``12530. Payment of benefits.
``12531. Purchase of insurance.
``12532. Termination for nonpayment of premiums; forfeiture.
``Sec. 12521. Definitions
``In this chapter:
``(1) The term `insurance program' means the Ready
Reserve Mobilization Income Insurance Program
established under section 12522 of this title.
``(2) The term `covered service' means active duty
performed by a member of a reserve component under an
order to active duty for a period of more than 30 days
which specifies that the member's service--
``(A) is in support of an operational
mission for which members of the reserve
components have been ordered to active duty
without their consent; or
``(B) is in support of forces activated
during a period of war declared by Congress or
a period of national emergency declared by the
President or Congress.
``(3) The term `insured member' means a member of
the Ready Reserve who is enrolled for coverage under
the insurance program in accordance with section 12524
of this title.
``(4) The term `Secretary' means the Secretary of
Defense.
``(5) The term `Department' means the Department of
Defense.
``(6) The term `Board of Actuaries' means the
Department of Defense Education Benefits Board of
Actuaries referred to in section 2006(e)(1) of this
title.
``(7) The term `Fund' means the Reserve
Mobilization Income Insurance Fund established by
section 12528(a) of this title.
``Sec. 12522. Establishment of insurance program
``(a) Establishment.--The Secretary shall establish for
members of the Ready Reserve (including the Coast Guard
Reserve) an insurance program to be known as the `Ready Reserve
Mobilization Income Insurance Program'.
``(b) Administration.--The insurance program shall be
administered by the Secretary. The Secretary may prescribe in
regulations such rules, procedures, and policies as the
Secretary considers necessary or appropriate to carry out the
insurance program.
``(c) Agreement With Secretary of Transportation.--The
Secretary and the Secretary of Transportation shall enter into
an agreement with respect to the administration of the
insurance program for the Coast Guard Reserve.
``Sec. 12523. Risk insured
``(a) In General.--The insurance program shall insure
members of the Ready Reserve against the risk of being ordered
into covered service.
``(b) Entitlement to Benefits.--(1) An insured member
ordered into covered service shall be entitled to payment of a
benefit for each month (and fraction thereof) of covered
service that exceeds 30 days of covered service, except that no
member may be paid under the insurance program for more than 12
months of covered service served during any period of 18
consecutive months.
``(2) Payment shall be based solely on the insured status
of a member and on the period of covered service served by the
member. Proof of loss of income or of expenses incurred as a
result of covered service may not be required.
``Sec. 12524. Enrollment and election of benefits
``(a) Enrollment.--(1) Except as provided in subsection
(f), upon first becoming a member of the Ready Reserve, a
member shall be automatically enrolled for coverage under the
insurance program. An automatic enrollment of a member shall be
void if within 60 days after first becoming a member of the
Ready Reserve the member declines insurance under the program
in accordance with the regulations prescribed by the Secretary.
``(2) Promptly after the insurance program is established,
the Secretary shall offer to members of the reserve 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.
``(e) Information To Be Furnished.--The Secretary shall
ensure that members referred to in subsection (a) are given a
written explanation of the insurance program and are advised
that they have the right to decline to be insured and, if not
declined, to elect coverage for a reduced benefit or an
enhanced benefit under subsection (b).
``(f) Members Ineligible To Enroll.--Members of the Ready
Reserve serving on active duty (or full-time National Guard
duty) are not eligible to enroll for coverage under the
insurance program. The Secretary may define any additional
category of members of the Ready Reserve to be excluded from
eligibility to purchase insurance under this chapter.
``Sec. 12525. Benefit amounts
``(a) Basic Benefit.--The basic benefit for an insured
member under the insurance program is $1,000 per month (as
adjusted under subsection (d)).
``(b) Reduced and Enhanced Benefits.--Under the regulations
prescribed by the Secretary, a person enrolled for coverage
under the insurance program may elect--
``(1) a reduced coverage benefit equal to one-half
the amount of the basic benefit; or
``(2) an enhanced benefit in the amount of $1,500,
$2,000, $2,500, $3,000, $3,500, $4,000, $4,500, or
$5,000 per month (as adjusted under subsection (d)).
``(c) Amount for Partial Month.--The amount of insurance
payable to an insured member for any period of covered service
that is less than one month shall be determined by multiplying
\1/30\ of the monthly benefit rate for the member by the number
of days of the covered service served by the member during such
period.
``(d) Adjustment of Amounts.--(1) The Secretary shall
determine annually the effect of inflation on benefits and
shall adjust the amounts set forth in subsections (a) and
(b)(2) to maintain the constant dollar value of the benefit.
``(2) If the amount of a benefit as adjusted under
paragraph (1) is not evenly divisible by $10, the amount shall
be rounded to the nearest multiple of $10, except that an
amount evenly divisible by $5 but not by $10 shall be rounded
to the next lower amount that is evenly divisible by $10.
``Sec. 12526. Premiums
``(a) Establishment of Rates.--(1) The Secretary, in
consultation with the Board of Actuaries, shall prescribe the
premium rates for insurance under the insurance program.
``(2) The Secretary shall prescribe a fixed premium rate
for each $1,000 of monthly insurance benefit. The premium
amount shall be equal to the share of the cost attributable to
insuring the member and shall be the same for all members of
the Ready Reserve who are insured under the insurance program
for the same benefit amount. The Secretary shall prescribe the
rate on the basis of the best available estimate of risk and
financial exposure, levels of subscription by members, and
other relevant factors.
``(b) Level Premiums.--The premium rate prescribed for the
first year of insurance coverage of an insured member shall be
continued without change for subsequent years of insurance
coverage, except that the Secretary, after consultation with
the Board of Actuaries, may adjust the premium rate in order to
fund inflation-adjusted benefit increases on an actuarially
sound basis.
``Sec. 12527. Payment of premiums
``(a) Methods of Payment.--(1) The monthly premium for
coverage of a member under the insurance program shall be
deducted and withheld from the insured member's pay for each
month.
``(2) An insured member who does not receive pay on a
monthly basis shall pay the Secretary directly the premium
amount applicable for the level of benefits for which the
member is insured.
``(b) Advance Pay for Premium.--The Secretary concerned may
advance to an insured member the amount equal to the first
insurance premium payment due under this chapter. The advance
may be paid out of appropriations for military pay. An advance
to a member shall be collected from the member either by
deducting and withholding the amount from basic pay payable for
the member or by collecting it from the member directly. No
disbursing or certifying officer shall be responsible for any
loss resulting from an advance under this subsection.
``(c) Premiums To Be Deposited in Fund.--Premium amounts
deducted and withheld from the pay of insured members and
premium amounts paid directly to the Secretary shall be
credited monthly to the Fund.
``Sec. 12528. Reserve Mobilization Income Insurance Fund
``(a) Establishment.--There is established on the books of
the Treasury a fund to be known as the `Reserve Mobilization
Income Insurance Fund', which shall be administered by the
Secretary of the Treasury. The Fund shall be used for the
accumulation of funds in order to finance the liabilities of
the insurance program on an actuarially sound basis.
``(b) Assets of Fund.--There shall be deposited into the
Fund the following:
``(1) Premiums paid under section 12527 of this
title.
``(2) Any amount appropriated to the Fund.
``(3) Any return on investment of the assets of the
Fund.
``(c) Availability.--Amounts in the Fund shall be available
for paying insurance benefits under the insurance program.
``(d) Investment of Assets of Fund.--The Secretary of the
Treasury shall invest such portion of the Fund as is not in the
judgment of the Secretary of Defense required to meet current
liabilities. Such investments shall be in public debt
securities with maturities suitable to the needs of the Fund,
as determined by the Secretary of Defense, and bearing interest
at rates determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding
marketable obligations of the United States of comparable
maturities. The income on such investments shall be credited to
the Fund.
``(e) Annual Accounting.--At the beginning of each fiscal
year, the Secretary, in consultation with the Board of
Actuaries and the Secretary of the Treasury, shall determine
the following:
``(1) The projected amount of the premiums to be
collected, investment earnings to be received, and any
transfers or appropriations to be made for the Fund for
that fiscal year.
``(2) The amount for that fiscal year of any
cumulative unfunded liability (including any negative
amount or any gain to the Fund) resulting from payments
of benefits.
``(3) The amount for that fiscal year (including
any negative amount) of any cumulative actuarial gain
or loss to the Fund.
``Sec. 12529. Board of Actuaries
``(a) Actuarial Responsibility.--The Board of Actuaries
shall have the actuarial responsibility for the insurance
program.
``(b) Valuations and Premium Recommendations.--The Board of
Actuaries shall carry out periodic actuarial valuations of the
benefits under the insurance program and determine a premium
rate methodology for the Secretary to use in setting premium
rates for the insurance program. The Board shall conduct the
first valuation and determine a premium rate methodology not
later than six months after the insurance program is
established.
``(c) Effects of Changed Benefits.--If at the time of any
actuarial valuation under subsection (b) there has been a
change in benefits under the insurance program that has been
made since the last such valuation and such change in benefits
increases or decreases the present value of amounts payable
from the Fund, the Board of Actuaries shall determine a premium
rate methodology, and recommend to the Secretary a premium
schedule, for the liquidation of any liability (or actuarial
gain to the Fund) resulting from such change and any previous
such changes so that the present value of the sum of the
scheduled premium payments (or reduction in payments that would
otherwise be made) equals the cumulative increase (or decrease)
in the present value of such benefits.
``(d) Actuarial Gains or Losses.--If at the time of any
such valuation the Board of Actuaries determines that there has
been an actuarial gain or loss to the Fund as a result of
changes in actuarial assumptions since the last valuation or as
a result of any differences, between actual and expected
experience since the last valuation, the Board shall recommend
to the Secretary a premium rate schedule for the amortization
of the cumulative gain or loss to the Fund resulting from such
changes in assumptions and any previous such changes in
assumptions or from the differences in actual and expected
experience, respectively, through an increase or decrease in
the payments that would otherwise be made to the Fund.
``(e) Insufficient Assets.--If at any time liabilities of
the Fund exceed assets of the Fund as a result of members of
the Ready Reserve being ordered to active duty as described in
section 12521(2) of this title, and funds are unavailable to
pay benefits completely, the Secretary shall request the
President to submit to Congress a request for a special
appropriation to cover the unfunded liability. If
appropriations are not made to cover an unfunded liability in
any fiscal year, the Secretary shall reduce the amount of the
benefits paid under the insurance program to a total amount
that does not exceed the assets of the Fund expected to accrue
by the end of such fiscal year. Benefits that cannot be paid
because of such a reduction shall be deferred and may be paid
only after and to the extent that additional funds become
available.
``(f) Definition of Present Value.--The Board of Actuaries
shall define the term `present value' for purposes of this
subsection.
``Sec. 12530. Payment of benefits
``(a) Commencement of Payment.--An insured member who
serves in excess of 30 days of covered service shall be paid
the amount to which such member is entitled on a monthly basis
beginning not later than one month after the 30th day of
covered service.
``(b) Method of Payment.--The Secretary shall prescribe in
the regulations the manner in which payments shall be made to
the member or to a person designated in accordance with
subsection (c).
``(c) Designated Recipients.--(1) A member may designate in
writing another person (including a spouse, parent, or other
person with an insurable interest, as determined in accordance
with the regulations prescribed by the Secretary) to receive
payments of insurance benefits under the insurance program.
``(2) A member may direct that payments of insurance
benefits for a person designated under paragraph (1) be
deposited with a bank or other financial institution to the
credit of the designated person.
``(d) Recipients in Event of Death of Insured Member.--Any
insurance payable under the insurance program on account of a
deceased member's period of covered service shall be paid, upon
the establishment of a valid claim, to the beneficiary or
beneficiaries which the deceased member designated in writing.
If no such designation has been made, the amount shall be
payable in accordance with the laws of the State of the
member's domicile.
``Sec. 12531. Purchase of insurance
``(a) Purchase Authorized.--The Secretary may, instead of
or in addition to underwriting the insurance program through
the Fund, purchase from one or more insurance companies a
policy or policies of group insurance in order to provide the
benefits required under this chapter. The Secretary may waive
any requirement for full and open competition in order to
purchase an insurance policy under this subsection.
``(b) Eligible Insurers.--In order to be eligible to sell
insurance to the Secretary for purposes of subsection (a), an
insurance company shall--
``(1) be licensed to issue insurance in each of the
50 States and in the District of Columbia; and
``(2) as of the most recent December 31 for which
information is available to the Secretary, have in
effect at least one percent of the total amount of
insurance that all such insurance companies have in
effect in the United States.
``(c) Administrative Provisions.--(1) An insurance company
that issues a policy for purposes of subsection (a) shall
establish an administrative office at a place and under a name
designated by the Secretary.
``(2) For the purposes of carrying out this chapter, the
Secretary may use the facilities and services of any insurance
company issuing any policy for purposes of subsection (a), may
designate one such company as the representative of the other
companies for such purposes, and may contract to pay a
reasonable fee to the designated company for its services.
``(d) Reinsurance.--The Secretary shall arrange with each
insurance company issuing any policy for purposes of subsection
(a) to reinsure, under conditions approved by the Secretary,
portions of the total amount of the insurance under such policy
or policies with such other insurance companies (which meet
qualifying criteria prescribed by the Secretary) as may elect
to participate in such reinsurance.
``(e) Termination.--The Secretary may at any time terminate
any policy purchased under this section.
``Sec. 12532. Termination for nonpayment of premiums; forfeiture
``(a) Termination for Nonpayment.--The coverage of a member
under the insurance program shall terminate without prior
notice upon a failure of the member to make required monthly
payments of premiums for two consecutive months. The Secretary
may provide in the regulations for reinstatement of insurance
coverage terminated under this subsection.
``(b) Forfeiture.--Any person convicted of mutiny, treason,
spying, or desertion, or who refuses to perform service in the
armed forces or refuses to wear the uniform of any of the armed
forces shall forfeit all rights to insurance under this
chapter.''.
(2) The tables of chapters at the beginning of subtitle E,
and at the beginning of part II of subtitle E, of title 10,
United States Code, are amended by inserting after the item
relating to chapter 1213 the following new item:
``1214. Ready Reserve Mobilization Income Insurance.............12521''.
(b) Effective Date.--The insurance program provided for in
chapter 1214 of title 10, United States Code, as added by
subsection (a), and the requirement for deductions and
contributions for that program shall take effect on September
30, 1996, or on any earlier date declared by the Secretary and
published in the Federal Register.
SEC. 513. MILITARY TECHNICIAN FULL-TIME SUPPORT PROGRAM FOR ARMY AND
AIR FORCE RESERVE COMPONENTS.
(a) Requirement of Annual Authorization of End Strength.--
(1) Section 115 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Congress shall authorize for each fiscal year the end
strength for military technicians for each reserve component of
the Army and Air Force. Funds available to the Department of
Defense for any fiscal year may not be used for the pay of a
military technician during that fiscal year unless the
technician fills a position that is within the number of such
positions authorized by law for that fiscal year for the
reserve component of that technician. This subsection applies
without regard to section 129 of this title.''.
(2) The amendment made by paragraph (1) does not apply with
respect to fiscal year 1995.
(b) Authorization for Fiscal Years 1996 and 1997.--For each
of fiscal years 1996 and 1997, the minimum number of military
technicians, as of the last day of that fiscal year, for the
Army and the Air Force (notwithstanding section 129 of title
10, United States Code) shall be the following:
(1) Army National Guard, 25,500.
(2) Army Reserve, 6,630.
(3) Air National Guard, 22,906.
(4) Air Force Reserve, 9,802.
(c) Administration of Military Technician Program.--(1)
Chapter 1007 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 10216. Military technicians
``(a) Priority for Management of Military Technicians.--(1)
As a basis for making the annual request to Congress pursuant
to section 115 of this title for authorization of end strengths
for military technicians of the Army and Air Force reserve
components, the Secretary of Defense shall give priority to
supporting authorizations for dual status military technicians
in the following high-priority units and organizations:
``(A) Units of the Selected Reserve that are
scheduled to deploy no later than 90 days after
mobilization.
``(B) Units of the Selected Reserve that are or
will deploy to relieve active duty peacetime operations
tempo.
``(C) Those organizations with the primary mission
of providing direct support surface and aviation
maintenance for the reserve components of the Army and
Air Force, to the extent that the military technicians
in such units would mobilize and deploy in a skill that
is compatible with their civilian position skill.
``(2) For each fiscal year, the Secretary of Defense shall,
for the high-priority units and organizations referred to in
paragraph (1), seek to achieve a programmed manning level for
military technicians that is not less than 90 percent of the
programmed manpower structure for those units and organizations
for military technicians for that fiscal year.
``(3) Military technician authorizations and personnel in
high-priority units and organizations specified in paragraph
(1) shall be exempt from any requirement (imposed by law or
otherwise) for reductions in Department of Defense civilian
personnel and shall only be reduced as part of military force
structure reductions.
``(b) Dual-Status Requirement.--The Secretary of Defense
shall require the Secretary of the Army and the Secretary of
the Air Force to establish as a condition of employment for
each individual who is hired after the date of the enactment of
this section as a military technician that the individual
maintain membership in the Selected Reserve (so as to be a so-
called `dual-status' technician) and shall require that the
civilian and military position skill requirements of dual-
status military technicians be compatible. No Department of
Defense funds may be spent for compensation for any military
technician hired after the date of the enactment of this
section 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 headquarters operations that are excess to the
requirements of those headquarters.
(2) Of the military technicians positions that are
identified under paragraph (1), the Secretary shall reallocate
up to 95 percent of the annual funding required to support
those positions for the purpose of creating new positions or
filling existing positions in the high-priority units and
activities specified in section 10216(a) of title 10, United
States Code, as added by subsection (c).
(e) Annual Defense Manpower Requirements Report.--Section
115a of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military technician
programs. The report shall include a presentation, shown by
reserve component and shown both as of the end of the preceding
fiscal year and for the next fiscal year, of the following:
``(1) The number of military technicians required
to be employed (as specified in accordance with
Department of Defense procedures), the number
authorized to be employed under Department of Defense
personnel procedures, and the number actually employed.
``(2) Within each of the numbers under paragraph
(1)--
``(A) the number applicable to a reserve
component management headquarter organization;
and
``(B) the number applicable to high-
priority units and organizations (as specified
in section 10216(a) of this title).
``(3) Within each of the numbers under paragraph
(1), the numbers of military technicians who are not
themselves members of a reserve component (so-called
`single-status' technicians), with a further display of
such numbers as specified in paragraph (2).''.
SEC. 514. REVISIONS TO ARMY GUARD COMBAT REFORM INITIATIVE TO INCLUDE
ARMY RESERVE UNDER CERTAIN PROVISIONS AND MAKE
CERTAIN REVISIONS.
(a) Prior Active Duty Personnel.--Section 1111 of the Army
National Guard Combat Readiness Reform Act of 1992 (title XI of
Public Law 102-484) is amended--
(1) in the section heading, by striking out the
first three words;
(2) by striking out subsections (a) and (b) and
inserting in lieu thereof the following:
``(a) Additional Prior Active Duty Officers.--The Secretary
of the Army shall increase the number of qualified prior
active-duty officers in the Army National Guard by providing a
program that permits the separation of officers on active duty
with at least two, but less than three, years of active service
upon condition that the officer is accepted for appointment in
the Army National Guard. The Secretary shall have a goal of
having not fewer than 150 officers become members of the Army
National Guard each year under this section.
``(b) Additional Prior Active Duty Enlisted Members.--The
Secretary of the Army shall increase the number of qualified
prior active-duty enlisted members in the Army National Guard
through the use of enlistments as described in section 8020 of
the Department of Defense Appropriations Act, 1994 (Public Law
103-139). The Secretary shall enlist not fewer than 1,000 new
enlisted members each year under enlistments described in that
section.''; and
(3) by striking out subsections (d) and (e).
(b) Service in the Selected Reserve in Lieu of Active Duty
Service for ROTC Graduates.--Section 1112(b) of such Act (106
Stat. 2537) is amended by striking out ``National Guard''
before the period at the end and inserting in lieu thereof
``Selected Reserve''.
(c) Review of Officer Promotions.--Section 1113 of such Act
(106 Stat. 2537) is amended--
(1) in subsection (a), by striking out ``National
Guard'' both places it appears and inserting in lieu
thereof ``Selected Reserve''; and
(2) by striking out subsection (b) and inserting in
lieu thereof the following:
``(b) Coverage of Selected Reserve Combat and Early
Deploying Units.--(1) Subsection (a) applies to officers in all
units of the Selected Reserve that are designated as combat
units or that are designated for deployment within 75 days of
mobilization.
``(2) Subsection (a) shall take effect with respect to
officers of the Army Reserve, and with respect to officers of
the Army National Guard in units not subject to subsection (a)
as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996, at the end of the 90-
day period beginning on such date of enactment.''.
(d) Initial Entry Training and Nondeployable Personnel.--
Section 1115 of such Act (106 Stat. 2538) is amended--
(1) in subsections (a) and (b), by striking out
``National Guard'' each place it appears and inserting
in lieu thereof ``Selected Reserve''; and
(2) in subsection (c)--
(A) by striking out ``a member of the Army
National Guard enters the National Guard'' and
inserting in lieu thereof ``a member of the
Army Selected Reserve enters the Army Selected
Reserve''; and
(B) by striking out ``from the Army
National Guard''.
(e) Accounting of Members Who Fail Physical Deployability
Standards.--Section 1116 of such Act (106 Stat. 2539) is
amended by striking out ``National Guard'' each place it
appears and inserting in lieu thereof ``Selected Reserve''.
(f) Use of Combat Simulators.--Section 1120 of such Act
(106 Stat. 2539) is amended by inserting ``and the Army
Reserve'' before the period at the end.
SEC. 515. ACTIVE DUTY ASSOCIATE UNIT RESPONSIBILITY.
(a) Associate Units.--Subsection (a) of section 1131 of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 106 Stat. 2540) is amended to read as follows:
``(a) Associate Units.--The Secretary of the Army shall
require--
``(1) that each ground combat maneuver brigade of
the Army National Guard that (as determined by the
Secretary) is essential for the execution of the
National Military Strategy be associated with an
active-duty combat unit; and
``(2) that combat support and combat service
support units of the Army Selected Reserve that (as
determined by the Secretary) are essential for the
execution of the National Military Strategy be
associated with active-duty units.''.
(b) Responsibilities.--Subsection (b) of such section is
amended--
(1) by striking out ``National Guard combat unit''
in the matter preceding paragraph (1) and inserting in
lieu thereof ``National Guard unit or Army Selected
Reserve unit that (as determined by the Secretary under
subsection (a)) is essential for the execution of the
National Military Strategy''; and
(2) by striking out ``of the National Guard unit''
in paragraphs (1), (2), (3), and (4) and inserting in
lieu thereof ``of that unit''.
SEC. 516. LEAVE FOR MEMBERS OF RESERVE COMPONENTS PERFORMING PUBLIC
SAFETY DUTY.
(a) Election of Leave To Be Charged.--Subsection (b) of
section 6323 of title 5, United States Code, is amended by
adding at the end the following: ``Upon the request of an
employee, the period for which an employee is absent to perform
service described in paragraph (2) may be charged to the
employee's accrued annual leave or to compensatory time
available to the employee instead of being charged as leave to
which the employee is entitled under this subsection. The
period of absence may not be charged to sick leave.''.
(b) Pay for Period of Absence.--Section 5519 of such title
is amended by striking out ``entitled to leave'' and inserting
in lieu thereof ``granted military leave''.
SEC. 517. DEPARTMENT OF DEFENSE FUNDING FOR NATIONAL GUARD
PARTICIPATION IN JOINT DISASTER AND EMERGENCY
ASSISTANCE EXERCISES.
Section 503(a) of title 32, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) includes authority to provide for
participation of the National Guard in conjunction with the
Army or the Air Force, or both, in joint exercises for
instruction to prepare the National Guard for response to civil
emergencies and disasters.''.
Subtitle C--Decorations and Awards
SEC. 521. AWARD OF PURPLE HEART TO PERSONS WOUNDED WHILE HELD AS
PRISONERS OF WAR BEFORE APRIL 25, 1962.
(a) Award of Purple Heart.--For purposes of the award of
the Purple Heart, the Secretary concerned (as defined in
section 101 of title 10, United States Code) shall treat a
former prisoner of war who was wounded before April 25, 1962,
while held as a prisoner of war (or while being taken captive)
in the same manner as a former prisoner of war who is wounded
on or after that date while held as a prisoner of war (or while
being taken captive).
(b) Standards for Award.--An award of the Purple Heart
under subsection (a) shall be made in accordance with the
standards in effect on the date of the enactment of this Act
for the award of the Purple Heart to persons wounded on or
after April 25, 1962.
(c) Eligible Former Prisoners of War.--A person shall be
considered to be a former prisoner of war for purposes of this
section if the person is eligible for the prisoner-of-war medal
under section 1128 of title 10, United States Code.
SEC. 522. AUTHORITY TO AWARD DECORATIONS RECOGNIZING ACTS OF VALOR
PERFORMED IN COMBAT DURING THE VIETNAM CONFLICT.
(a) Findings.--Congress makes the following findings:
(1) The Ia Drang Valley (Pleiku) campaign, carried
out by the Armed Forces in the Ia Drang Valley of
Vietnam from October 23, 1965, to November 26, 1965, is
illustrative of the many battles during the Vietnam
conflict which pitted forces of the United States
against North Vietnamese Army regulars and Viet Cong in
vicious fighting.
(2) Accounts of those battles that have been
published since the end of that conflict
authoritatively document numerous and repeated acts of
extraordinary heroism, sacrifice, and bravery on the
part of members of the Armed Forces, many of which have
never been officially recognized.
(3) In some of those battles, United States
military units suffered substantial losses, with some
units sustaining casualties in excess of 50 percent.
(4) The incidence of heavy casualties throughout
the Vietnam conflict inhibited the timely collection of
comprehensive and detailed information to support
recommendations for awards recognizing acts of heroism,
sacrifice, and bravery.
(5) Subsequent requests to the Secretaries of the
military departments for review of award
recommendations for such acts have been denied because
of restrictions in law and regulations that require
timely filing of such recommendations and documented
justification.
(6) Acts of heroism, sacrifice, and bravery
performed in combat by members of the Armed Forces
deserve appropriate and timely recognition by the
people of the United States.
(7) It is appropriate to recognize acts of heroism,
sacrifice, or bravery that are belatedly, but properly,
documented by persons who witnessed those acts.
(b) Waiver of Time Limitations for Recommendations for
Awards.--(1) Any decoration covered by paragraph (2) may be
awarded, without regard to any time limit imposed by law or
regulation for a recommendation for such award to any person
for actions by that person in the Southeast Asia theater of
operations while serving on active duty during the Vietnam era.
The waiver of time limitations under this paragraph applies
only in the case of awards for acts of valor for which a
request for consideration is submitted under subsection (c).
(2) Paragraph (1) applies to any decoration (including any
device in lieu of a decoration) that, during or after the
Vietnam era and before the date of the enactment of this Act,
was authorized by law or under regulations of the Department of
Defense or the military department concerned to be awarded to
members of the Armed Forces for acts of valor.
(c) Review of Requests for Consideration of Awards.--(1)
The Secretary of each military department shall review each
request for consideration of award of a decoration described in
subsection (b) that are received by the Secretary during the
one-year period beginning on the date of enactment of this Act.
(2) The Secretaries shall begin the review within 30 days
after the date of the enactment of this Act and shall complete
the review of each request for consideration not later than one
year after the date on which the request is received.
(3) The Secretary may use the same process for carrying out
the review as the Secretary uses for reviewing other
recommendations for award of decorations to members of the
Armed Forces under the Secretary's jurisdiction for valorous
acts.
(d) Report.--(1) Upon completing the review of each such
request under subsection (c), the Secretary shall submit a
report on the review to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
(2) The report shall include, with respect to each request
for consideration received, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for
consideration.
(e) Definition.--For purposes of this section:
(1) The term ``Vietnam era'' has the meaning given
that term in section 101 of title 38, United States
Code.
(2) The term ``active duty'' has the meaning given
that term in section 101 of title 10, United States
Code.
SEC. 523. MILITARY INTELLIGENCE PERSONNEL PREVENTED BY SECRECY FROM
BEING CONSIDERED FOR DECORATIONS AND AWARDS.
(a) Waiver on Restrictions of Awards.--(1) Any decoration
covered by paragraph (2) may be awarded, without regard to any
time limit imposed by law or regulation for a recommendation
for such award, to any person for an act, achievement, or
service that the person performed in carrying out military
intelligence duties during the period beginning on January 1,
1940, and ending on December 31, 1990.
(2) Paragraph (1) applies to any decoration (including any
device in lieu of a decoration) that, during or after the
period described in paragraph (1) and before the date of the
enactment of this Act, was authorized by law or under the
regulations of the Department of Defense or the military
department concerned to be awarded to a person for an act,
achievement, or service performed by that person while serving
on active duty.
(b) Review of Requests for Consideration of Awards.--(1)
The Secretary of each military department shall review each
request for consideration of award of a decoration described in
subsection (a) that is received by the Secretary during the
one-year period beginning on the date of the enactment of this
Act.
(2) The Secretaries shall begin the review within 30 days
after the date of the enactment of this Act and shall complete
the review of each request for consideration not later than one
year after the date on which the request is received.
(3) The Secretary may use the same process for carrying out
the review as the Secretary uses for reviewing other
recommendations for awarding decorations to members of the
Armed Forces under the Secretary's jurisdiction for acts,
achievements, or service.
(c) Report.--(1) Upon completing the review of each such
request under subsection (b), the Secretary shall submit a
report on the review to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
(2) The report shall include, with respect to each request
for consideration reviewed, the following information:
(A) A summary of the request for consideration.
(B) The findings resulting from the review.
(C) The final action taken on the request for
consideration.
(D) Administrative or legislative recommendations
to improve award procedures with respect to military
intelligence personnel.
(d) Definition.--For purposes of this section, the term
``active duty'' has the meaning given such term in section 101
of title 10, United States Code.
SEC. 524. REVIEW REGARDING UPGRADING OF DISTINGUISHED-SERVICE CROSSES
AND NAVY CROSSES AWARDED TO ASIAN-AMERICANS AND
NATIVE AMERICAN PACIFIC ISLANDERS FOR WORLD WAR II
SERVICE.
(a) Review Required.--(1) The Secretary of the Army shall
review the records relating to each award of the Distinguished-
Service Cross, and the Secretary of the Navy shall review the
records relating to each award of the Navy Cross, that was
awarded to an Asian-American or a Native American Pacific
Islander with respect to service as a member of the Armed
Forces during World War II. The purpose of the review shall be
to determine whether any such award should be upgraded to the
medal of honor.
(2) If the Secretary concerned determines, based upon the
review under paragraph (1), that such an upgrade is appropriate
in the case of any person, the Secretary shall submit to the
President a recommendation that the President award the medal
of honor to that person.
(b) Waiver of Time Limitations.--A medal of honor may be
awarded to a person referred to in subsection (a) in accordance
with a recommendation of the Secretary concerned under that
subsection without regard to--
(1) section 3744, 6248, or 8744 of title 10, United
States Code, as applicable; and
(2) any regulation or other administrative
restriction on--
(A) the time for awarding the medal of
honor; or
(B) the awarding of the medal of honor for
service for which a Distinguished-Service Cross
or Navy Cross has been awarded.
(c) Definition.--For purposes of this section, the term
``Native American Pacific Islander'' means a Native Hawaiian
and any other Native American Pacific Islander within the
meaning of the Native American Programs Act of 1974 (42 U.S.C.
2991 et seq.).
SEC. 525. ELIGIBILITY FOR ARMED FORCES EXPEDITIONARY MEDAL BASED UPON
SERVICE IN EL SALVADOR.
(a) In General.--For the purpose of determining eligibility
of members and former members of the Armed Forces for the Armed
Forces Expeditionary Medal, the country of El Salvador during
the period beginning on January 1, 1981 and ending on February
1, 1992, shall be treated as having been designated as an area
and a period of time in which members of the Armed Forces
participated in operations in significant numbers and otherwise
met the general requirements for the award of that medal.
(b) Individual Determination.--The Secretary of the
military department concerned shall determine whether
individual members or former members of the Armed Forces who
served in El Salvador during the period beginning on January 1,
1981 and ending on February 1, 1992 meet the individual service
requirements for award of the Armed Forces Expeditionary Medal
as established in applicable regulations. Such determinations
shall be made as expeditiously as possible after the date of
the enactment of this Act.
SEC. 526. PROCEDURE FOR CONSIDERATION OF MILITARY DECORATIONS NOT
PREVIOUSLY SUBMITTED IN TIMELY FASHION.
(a) In General.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review
and recommendation
``(a) Upon request of a Member of Congress, the Secretary
concerned shall review a proposal for the award or presentation
of a decoration (or the upgrading of a decoration), either for
an individual or a unit, that is not otherwise authorized to be
presented or awarded due to limitations established by law or
policy for timely submission of a recommendation for such award
or presentation. Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration and the other determinations
necessary to comply with subsection (b).
``(b) Upon making a determination under subsection (a) as
to the merits of approving the award or presentation of the
decoration, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives and to the
requesting member of Congress notice in writing of one of the
following:
``(1) The award or presentation of the decoration
does not warrant approval on the merits.
``(2) The award or presentation of the decoration
warrants approval and a waiver by law of time
restrictions prescribed by law is recommended.
``(3) The award or presentation of the decoration
warrants approval on the merits and has been approved
as an exception to policy.
``(4) The award or presentation of the decoration
warrants approval on the merits, but a waiver of the
time restrictions prescribed by law or policy is not
recommended.
A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decison of the Secretary.
``(c) Determinations under this section regarding the award
or presentation of a decoration shall be made in accordance
with the same procedures that apply to the approval or
disapproval of the award or presentation of a decoration when a
recommendation for such award or presentation is submitted in a
timely manner as prescribed by law or regulation.
``(d) In this section:
``(1) The term `Member of Congress' means--
``(A) a Senator; or
``(B) a Representative in, or a Delegate or
Resident Commissioner to, Congress.
``(2) The term `decoration' means any decoration or
award that may be presented or awarded to a member or
unit of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
recommendation.''.
Subtitle D--Officer Education Programs
PART I--SERVICE ACADEMIES
SEC. 531. REVISION OF SERVICE OBLIGATION FOR GRADUATES OF THE SERVICE
ACADEMIES.
(a) Military Academy.--Section 4348(a)(2)(B) of title 10,
United States Code, is amended by striking out ``six years''
and inserting in lieu thereof ``five years''.
(b) Naval Academy.--Section 6959(a)(2)(B) of such title is
amended by striking out ``six years'' and inserting in lieu
thereof ``five years''.
(c) Air Force Academy.--Section 9348(a)(2)(B) of such title
is amended by striking out ``six years'' and inserting in lieu
thereof ``five years''.
(d) Requirement for Review and Report.--(1) The Secretary
of Defense shall review the effects that each of various
periods of obligated active duty service for graduates of the
United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy would have on
the number and quality of the eligible and qualified applicants
seeking appointment to such academies.
(2) Not later than April 1, 1996, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report on the Secretary's findings under the review, together
with any recommended legislation regarding the minimum periods
of obligated active duty service for graduates of the United
States Military Academy, the United States Naval Academy, and
the United States Air Force Academy.
(e) Applicability.--The amendments made by this section
apply to persons first admitted to the United States Military
Academy, United States Naval Academy, and United States Air
Force Academy after December 31, 1991.
SEC. 532. NOMINATIONS TO SERVICE ACADEMIES FROM COMMONWEALTH OF THE
NORTHERN MARIANAS ISLANDS.
(a) Military Academy.--Section 4342(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One cadet from the Commonwealth of the
Northern Marianas Islands, nominated by the resident
representative from the commonwealth.''.
(b) Naval Academy.--Section 6954(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One from the Commonwealth of the Northern
Marianas Islands, nominated by the resident
representative from the commonwealth.''.
(c) Air Force Academy.--Section 9342(a) of title 10, United
States Code, is amended by inserting after paragraph (9) the
following new paragraph:
``(10) One cadet from the Commonwealth of the
Northern Marianas Islands, nominated by the resident
representative from the commonwealth.''.
SEC. 533. REPEAL OF REQUIREMENT FOR ATHLETIC DIRECTOR AND
NONAPPROPRIATED FUND ACCOUNT FOR THE ATHLETICS
PROGRAMS AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Section 4357 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 403
of such title is amended by striking out the item relating to
section 4357.
(b) United States Naval Academy.--Section 556 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 2774) is amended by striking out
subsections (b) and (e).
(c) United States Air Force Academy.--(1) Section 9356 of
title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter 903
of such title is amended by striking out the item relating to
section 9356.
SEC. 534. REPEAL OF REQUIREMENT FOR PROGRAM TO TEST PRIVATIZATION OF
SERVICE ACADEMY PREPARATORY SCHOOLS.
Section 536 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 4331 note) is
repealed.
PART II--RESERVE OFFICER TRAINING CORPS
SEC. 541. ROTC ACCESS TO CAMPUSES.
(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 983. Institutions of higher education that prohibit Senior ROTC
units: denial of Department of Defense grants and
contracts
``(a) Denial of Department of Defense Grants and
Contracts.--(1) No funds appropriated or otherwise available to
the Department of Defense may be made obligated by contract or
by grant (including a grant of funds to be available for
student aid) to any institution of higher education that, as
determined by the Secretary of Defense, has an anti-ROTC policy
and at which, as determined by the Secretary, the Secretary
would otherwise maintain or seek to establish a unit of the
Senior Reserve Officer Training Corps or at which the Secretary
would otherwise enroll or seek to enroll students for
participation in a unit of the Senior Reserve Officer Training
Corps at another nearby institution of higher education.
``(2) In the case of an institution of higher education
that is ineligible for Department of Defense grants and
contracts by reason of paragraph (1), the prohibition under
that paragraph shall cease to apply to that institution upon a
determination by the Secretary that the institution no longer
has an anti-ROTC policy.
``(b) Notice of Determination.--Whenever the Secretary
makes a determination under subsection (a) that an institution
has an anti-ROTC policy, or that an institution previously
determined to have an anti-ROTC policy no longer has such a
policy, the Secretary--
``(1) shall transmit notice of that determination
to the Secretary of Education and to the Committee on
Armed Services of the Senate and the Committee on
National Security of the House of Representatives; and
``(2) shall publish in the Federal Register notice
of that determination and of the effect of that
determination under subsection (a)(1) on the
eligibility of that institution for Department of
Defense grants and contracts.
``(c) Semiannual Notice in Federal Register.--The Secretary
shall publish in the Federal Register once every six months a
list of each institution of higher education that is currently
ineligible for Department of Defense grants and contracts by
reason of a determination of the Secretary under subsection
(a).
``(d) Anti-ROTC Policy.--In this section, the term `anti-
ROTC policy' means a policy or practice of an institution of
higher education that--
``(1) prohibits, or in effect prevents, the
Secretary of Defense from maintaining or establishing a
unit of the Senior Reserve Officer Training Corps at
that institution, or
``(2) prohibits, or in effect prevents, a student
at that institution from enrolling in a unit of the
Senior Reserve Officer Training Corps at another
institution of higher education.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``983. Institutions of higher education that prohibit Senior ROTC units:
denial of Department of Defense grants and contracts.''.
SEC. 542. ROTC SCHOLARSHIPS FOR THE NATIONAL GUARD.
(a) Clarification of Restriction on Active Duty.--Paragraph
(2) of section 2107(h) of title 10, United States Code, is
amended by inserting ``full-time'' before ``active duty'' in
the second sentence.
(b) Redesignation of ROTC Scholarships.--Such paragraph is
further amended by inserting after the first sentence the
following new sentence: ``A cadet designated under this
paragraph who, having initially contracted for service as
provided in subsection (b)(5)(A) and having received financial
assistance for two years under an award providing for four
years of financial assistance under this section, modifies such
contract with the consent of the Secretary of the Army to
provide for service as described in subsection (b)(5)(B), may
be counted, for the year in which the contract is modified,
toward the number of appointments required under the preceding
sentence for financial assistance awarded for a period of four
years.''.
SEC. 543. DELAY IN REORGANIZATION OF ARMY ROTC REGIONAL HEADQUARTERS
STRUCTURE.
(a) Delay.--The Secretary of the Army may not take any
action to reorganize the regional headquarters and basic camp
structure of the Reserve Officers Training Corps program of the
Army until six months after the date on which the report
required by subsection (d) is submitted.
(b) Cost-Benefit Analysis.--The Secretary of the Army shall
conduct a comparative cost-benefit analysis of various options
for the reorganization of the regional headquarters and basic
camp structure of the Army ROTC program. As part of such
analysis, the Secretary shall measure each reorganization
option considered against a common set of criteria.
(c) Selection of Reorganization Option for
Implementation.--Based on the findings resulting from the cost-
benefit analysis under subsection (b) and such other factors as
the Secretary considers appropriate, the Secretary shall select
one reorganization option for implementation. The Secretary may
select an option for implementation only if the Secretary finds
that the cost-benefit analysis and other factors considered
clearly demonstrate that such option, better than any other
option considered--
(1) provides the structure to meet projected
mission requirements;
(2) achieves the most significant personnel and
cost savings;
(3) uses existing basic and advanced camp
facilities to the maximum extent possible;
(4) minimizes additional military construction
costs; and
(5) makes maximum use of the reserve components to
support basic and advanced camp operations, thereby
minimizing the effect of those operations on active
duty units.
(d) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives
a report describing the reorganization option selected under
subsection (c). The report shall include the results of the
cost-benefit analysis under subsection (b) and a detailed
rationale for the reorganization option selected.
SEC. 544. DURATION OF FIELD TRAINING OR PRACTICE CRUISE REQUIRED UNDER
THE SENIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM.
Section 2104(b)(6)(A)(ii) of title 10, United States Code,
is amended by striking out ``not less than six weeks'
duration'' and inserting in lieu thereof ``a duration''.
SEC. 545. ACTIVE DUTY OFFICERS DETAILED TO ROTC DUTY AT SENIOR MILITARY
COLLEGES TO SERVE AS COMMANDANT AND ASSISTANT
COMMANDANT OF CADETS AND AS TACTICAL OFFICERS.
(a) In General.--Chapter 103 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2111a. Detail of officers to senior military colleges
``(a) Detail of Officers To Serve as Commandant or
Assistant Commandant of Cadets.--(1) Upon the request of a
senior military college, the Secretary of Defense may detail an
officer on the active-duty list to serve as Commandant of
Cadets at that college or (in the case of a college with an
Assistant Commandant of Cadets) detail an officer on the
active-duty list to serve as Assistant Commandant of Cadets at
that college (but not both).
``(2) In the case of an officer detailed as Commandant of
Cadets, the officer may, upon the request of the college, be
assigned from among the Professor of Military Science, the
Professor of Naval Science (if any), and the Professor of
Aerospace Science (if any) at that college or may be in
addition to any other officer detailed to that college in
support of the program.
``(3) In the case of an officer detailed as Assistant
Commandant of Cadets, the officer may, upon the request of the
college, be assigned from among officers otherwise detailed to
duty at that college in support of the program or may be in
addition to any other officer detailed to that college in
support of the program.
``(b) Designation of Officers as Tactical Officers.--Upon
the request of a senior military college, the Secretary of
Defense may authorize officers (other than officers covered by
subsection (a)) who are detailed to duty as instructors at that
college to act simultaneously as tactical officers (with or
without compensation) for the Corps of Cadets at that college.
``(c) Detail of Officers.--The Secretary of a military
department shall designate officers for detail to the program
at a senior military college in accordance with criteria
provided by the college. An officer may not be detailed to a
senior military college without the approval of that college.
``(d) Senior Military Colleges.--The senior military
colleges are the following:
``(1) Texas A&M University.
``(2) Norwich College.
``(3) The Virginia Military Institute.
``(4) The Citadel.
``(5) Virginia Polytechnic Institute and State
University.
``(6) North Georgia College.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2111a. Detail of officers to senior military colleges.''.
Subtitle E--Miscellaneous Reviews, Studies, and Reports
SEC. 551. REPORT CONCERNING APPROPRIATE FORUM FOR JUDICIAL REVIEW OF
DEPARTMENT OF DEFENSE PERSONNEL ACTIONS.
(a) Establishment.--The Secretary of Defense shall
establish an advisory committee to consider issues relating to
the appropriate forum for judicial review of Department of
Defense administrative personnel actions.
(b) Membership.--(1) The committee shall be composed of
five members, who shall be appointed by the Secretary of
Defense after consultation with the Attorney General and the
Chief Justice of the United States.
(2) All members of the committee shall be appointed not
later than 30 days after the date of the enactment of this Act.
(c) Duties.--The committee shall review, and provide
findings and recommendations regarding, the following matters
with respect to judicial review of administrative personnel
actions of the Department of Defense:
(1) Whether the existing forum for such review
through the United States district courts provides
appropriate and adequate review of such actions.
(2) Whether jurisdiction to conduct judicial review
of such actions should be established in a single court
in order to provide a centralized review of such
actions and, if so, in which court that jurisdiction
should be vested.
(d) Report.--(1) Not later than December 15, 1996, the
committee shall submit to the Secretary of Defense a report
setting forth its findings and recommendations, including its
recommendations pursuant to subsection (c).
(2) Not later than January 1, 1997, the Secretary of
Defense, after consultation with the Attorney General, shall
transmit the committee's report to Congress. The Secretary may
include in the transmittal any comments on the report that the
Secretary or the Attorney General consider appropriate.
(e) Termination of Committee.--The committee shall
terminate 30 days after the date of the submission of its
report to Congress under subsection (d)(2).
SEC. 552. COMPTROLLER GENERAL REVIEW OF PROPOSED ARMY END STRENGTH
ALLOCATIONS.
(a) In General.--During fiscal years 1996 through 2001, the
Comptroller General of the United States shall analyze the
plans of the Secretary of the Army for the allocation of
assigned active component end strengths for the Army through
the requirements process known as Total Army Analysis 2003 and
through any subsequent similar requirements process of the Army
that is conducted before 2002. The Comptroller General's
analysis shall consider whether the proposed active component
end strengths and planned allocation of forces for that period
will be sufficient to implement the national military strategy.
In monitoring those plans, the Comptroller General shall
determine the extent to which the Army will be able during that
period--
(1) to man fully the combat force based on the
projected active component Army end strength for each
of fiscal years 1996 through 2001;
(2) to meet the support requirements for the force
and strategy specified in the report of the Bottom-Up
Review, including requirements for operations other
than war; and
(3) to streamline further Army infrastructure in
order to eliminate duplication and inefficiencies and
replace active duty personnel in overhead positions,
whenever practicable, with civilian or reserve
personnel.
(b) Access to Documents, Etc.--The Secretary of the Army
shall ensure that the Comptroller General is provided access,
on a timely basis and in accordance with the needs of the
Comptroller General, to all analyses, models, memoranda,
reports, and other documents prepared or used in connection
with the requirements process of the Army known as Total Army
Analysis 2003 and any subsequent similar requirements process
of the Army that is conducted before 2002.
(c) Annual Report.--Not later than March 1 of each year
through 2002, the Comptroller General shall submit to Congress
a report on the findings and conclusions of the Comptroller
General under this section.
SEC. 553. REPORT ON MANNING STATUS OF HIGHLY DEPLOYABLE SUPPORT UNITS.
(a) Report.--Not later than September 30, 1996, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Security
of the House of Representatives a report on the units of the
Armed Forces under the Secretary's jurisdiction--
(1) that (as determined by the Secretary of the
military department concerned) are high-priority
support units that would deploy early in a contingency
operation or other crisis; and
(2) that are, as a matter of policy, managed at
less than 100 percent of their authorized strengths.
(b) Matters To Be Included.--The Secretary shall include in
the report--
(1) the number of such high-priority support units
(shown by type of unit) that are so managed;
(2) the level of manning within such high-priority
support units; and
(3) with respect to each such unit, either the
justification for manning of less than 100 percent or
the status of corrective action.
SEC. 554. REVIEW OF SYSTEM FOR CORRECTION OF MILITARY RECORDS.
(a) Review of Procedures.--The Secretary of Defense shall
review the system and procedures for the correction of military
records used by the Secretaries of the military departments in
the exercise of authority under section 1552 of title 10,
United States Code, in order to identify potential improvements
that could be made in the process for correcting military
records to ensure fairness, equity, and (consistent with
appropriate service to applicants) maximum efficiency. The
Secretary may not delegate responsibility for the review to an
officer or official of a military department.
(b) Issues Reviewed.--In conducting the review, the
Secretary shall consider (with respect to each Board for the
Correction of Military Records) the following:
(1) The composition of the board and of the support
staff for the board.
(2) Timeliness of final action.
(3) Independence of deliberations by the civilian
board.
(4) The authority of the Secretary of the military
department concerned to modify the recommendations of
the board.
(5) Burden of proof and other evidentiary
standards.
(6) Alternative methods for correcting military
records.
(7) Whether the board should be consolidated with
the Discharge Review Board of the military department.
(c) Report.--Not later than April 1, 1996, the Secretary of
Defense shall submit a report on the results of the Secretary's
review under this section to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives. The report shall contain the
recommendations of the Secretary for improving the process for
correcting military records in order to achieve the objectives
referred to in subsection (a).
SEC. 555. REPORT ON THE CONSISTENCY OF REPORTING OF FINGERPRINT CARDS
AND FINAL DISPOSITION FORMS TO THE FEDERAL BUREAU
OF INVESTIGATION.
(a) Report.--The Secretary of Defense shall submit to
Congress a report on the consistency with which fingerprint
cards and final disposition forms, as described in Criminal
Investigations Policy Memorandum 10 issued by the Defense
Inspector General on March 25, 1987, are reported by the
Defense Criminal Investigative Organizations to the Federal
Bureau of Investigation for inclusion in the Bureau's criminal
history identification files. The report shall be prepared in
consultation with the Director of the Federal Bureau of
Investigation.
(b) Matters To Be Included.--In the report, the Secretary
shall--
(1) survey fingerprint cards and final disposition
forms filled out in the past 24 months by each
investigative organization;
(2) compare the fingerprint cards and final
disposition forms filled out to all judicial and
nonjudicial procedures initiated as a result of actions
taken by each investigative service in the past 24
months;
(3) account for any discrepancies between the forms
filled out and the judicial and nonjudicial procedures
initiated;
(4) compare the fingerprint cards and final
disposition forms filled out with the information held
by the Federal Bureau of Investigation criminal history
identification files;
(5) identify any weaknesses in the collection of
fingerprint cards and final disposition forms and in
the reporting of that information to the Federal Bureau
of Investigation; and
(6) determine whether or not other law enforcement
activities of the military services collect and report
such information or, if not, should collect and report
such information.
(c) Submission of Report.--The report shall be submitted
not later than one year after the date of the enactment of this
Act.
(d) Definition.--For the purposes of this section, the term
``criminal history identification files'', with respect to the
Federal Bureau of Investigation, means the criminal history
record system maintained by the Federal Bureau of Investigation
based on fingerprint identification and any other method of
positive identification.
Subtitle F--Other Matters
SEC. 561. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT FOR OFFICERS AND
ENLISTED MEMBERS.
(a) Enlisted Service Credit.--Section 972 of title 10,
United States Code, is amended--
(1) by inserting ``(a) Enlisted Members Required To
Make Up Time Lost.--'' before ``An enlisted member'';
(2) by striking out paragraphs (3) and (4) and
inserting in lieu thereof the following:
``(3) is confined by military or civilian
authorities for more than one day in connection with a
trial, whether before, during, or after the trial;
or''; and
(3) by redesignating paragraph (5) as paragraph
(4).
(b) Officer Service Credit.--Such section is further
amended by adding at the end the following:
``(b) Officers Not Allowed Service Credit for Time Lost.--
In the case of an officer of an armed force who after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1996--
``(1) deserts;
``(2) is absent from his organization, station, or
duty for more than one day without proper authority, as
determined by competent authority;
``(3) is confined by military or civilian
authorities for more than one day in connection with a
trial, whether before, during, or after the trial; or
``(4) is unable for more than one day, as
determined by competent authority, to perform his
duties because of intemperate use of drugs or alcoholic
liquor, or because of disease or injury resulting from
his misconduct;
the period of such desertion, absence, confinement, or
inability to perform duties may not be counted in computing,
for any purpose other than basic pay under section 205 of title
37, the officer's length of service.''.
(c) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 972. Members: effect of time lost
(2) The item relating to section 972 in the table of
sections at the beginning of chapter 49 of such title is
amended to read as follows:
``972. Members: effect of time lost.''.
(d) Conforming Amendments.--(1) Section 1405(c) is
amended--
(A) by striking out ``Made Up.--Time'' and
inserting in lieu thereof ``Made Up or Excluded.--(1)
Time'';
(B) by striking out ``section 972'' and inserting
in lieu thereof ``section 972(a)'';
(C) by inserting after ``of this title'' the
following: ``, or required to be made up by an enlisted
member of the Navy, Marine Corps, or Coast Guard under
that section with respect to a period of time after the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 1995,''; and
(D) by adding at the end the following:
``(2) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(2) Chapter 367 of such title is amended--
(A) in section 3925(b), by striking out ``section
972'' and inserting in lieu thereof ``section 972(a)'';
and
(B) by adding at the end of section 3926 the
following new subsection:
``(e) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(3)(A) Chapter 571 of such title is amended by inserting
after section 6327 the following new section:
``Sec. 6328. Computation of years of service: voluntary retirement
``(a) Enlisted Members.--Time required to be made up under
section 972(a) of this title after the date of the enactment of
this section may not be counted in computing years of service
under this chapter.
``(b) Officers.--Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this chapter any time identified with respect to that officer
under that section.''.
(B) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 6327
the following new item:
``6328. Computation of years of service: voluntary retirement.''.
(4) Chapter 867 of such title is amended--
(A) in section 8925(b), by striking out ``section
972'' and inserting in lieu thereof ``section 972(a)'';
and
(B) by adding at the end of section 8926 the
following new subsection:
``(d) Section 972(b) of this title excludes from
computation of an officer's years of service for purposes of
this section any time identified with respect to that officer
under that section.''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on the date of the enactment
of this Act and shall apply to any period of time covered by
section 972 of title 10, United States Code, that occurs after
that date.
SEC. 562. ARMY RANGER TRAINING.
(a) In General.--(1) Chapter 401 of title 10, United States
Code, is amended by inserting after section 4302 the following
new section:
``Sec. 4303. Army Ranger training: instructor staffing; safety
``(a) Levels of Personnel Assigned.--(1) The Secretary of
the Army shall ensure that at all times the number of officers,
and the number of enlisted members, permanently assigned to the
Ranger Training Brigade (or other organizational element of the
Army primarily responsible for ranger student training) are not
less than 90 percent of the required manning spaces for
officers, and for enlisted members, respectively, for that
brigade.
``(2) In this subsection, the term `required manning
spaces' means the number of personnel spaces for officers, and
the number of personnel spaces for enlisted members, that are
designated in Army authorization documents as the number
required to accomplish the missions of a particular unit or
organization.
``(b) Training Safety Cells.--(1) The Secretary of the Army
shall establish and maintain an organizational entity known as
a `safety cell' as part of the organizational elements of the
Army responsible for conducting each of the three major phases
of the Ranger Course. The safety cell in each different
geographic area of Ranger Course training shall be comprised of
personnel who have sufficient continuity and experience in that
geographic area of such training to be knowledgeable of the
local conditions year-round, including conditions of terrain,
weather, water, and climate and other conditions and the
potential effect on those conditions on Ranger student training
and safety.
``(2) Members of each safety cell shall be assigned in
sufficient numbers to serve as advisers to the officers in
charge of the major phase of Ranger training and shall assist
those officers in making informed daily `go' and `no-go'
decisions regarding training in light of all relevant
conditions, including conditions of terrain, weather, water,
and climate and other conditions.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 4302
the following new item:
``4303. Army Ranger training: instructor staffing; safety.''.
(b) Accomplishment of Required Manning Levels.--(1) If, as
of the date of the enactment of this Act, the number of
officers, and the number of enlisted members, permanently
assigned to the Army Ranger Training Brigade are not each at
(or above) the requirement specified in subsection (a) of
section 4303 of title 10, United States Code, as added by
subsection (a), the Secretary of the Army shall--
(A) take such steps as necessary to accomplish that
requirement within 12 months after such date of
enactment; and
(B) submit to Congress, not later than 90 days
after such date of enactment, a plan to achieve and
maintain that requirement.
(2) The requirement specified in subsection (a) of section
4303 of title 10, United States Code, as added by subsection
(a), shall expire two years after the date (on or after the
date of the enactment of this Act) on which the required
manning levels referred to in paragraph (1) are first attained.
(c) GAO Assessment.--(1) Not later than one year the date
of the enactment of this Act, the Comptroller General shall
submit to Congress a report providing a preliminary assessment
of the implementation and effectiveness of all corrective
actions taken by the Army as a result of the February 1995
accident at the Florida Ranger Training Camp, including an
evaluation of the implementation of the required manning levels
established by subsection (a) of section 4303 of title 10,
United States Code, as added by subsection (a).
(2) At the end of the two-year period specified in
subsection (b)(2), the Comptroller General shall submit to
Congress a report providing a final assessment of the matters
covered in the preliminary report under paragraph (1). The
report shall include the Comptroller General's recommendation
as to the need to continue required statutory manning levels as
specified in subsection (a) of section 4303 of title 10, United
States Code, as added by subsection (a).
(d) Sense of Congress.--In light of requirement that
particularly dangerous training activities (such as Ranger
training, Search, Evasion, Rescue, and Escape (SERE) training,
SEAL training, and Airborne training) must be adequately manned
and resourced to ensure safety and effective oversight, it is
the sense of Congress--
(1) that the Secretary of Defense, in conjunction
with the Secretaries of the military departments,
should review and, if necessary, enhance oversight of
all such training activities; and
(2) that organizations similar to the safety cells
required to be established for Army Ranger training in
section 4303 of title 10, United States Code, as added
by subsection (a), should (when appropriate) be used
for all such training activities.
SEC. 563. SEPARATION IN CASES INVOLVING EXTENDED CONFINEMENT.
(a) Separation.--(1)(A) Chapter 59 of title 10, United
States Code, is amended by inserting after section 1166 the
following new section:
``Sec. 1167. Members under confinement by sentence of court-martial:
separation after six months confinement
``Except as otherwise provided in regulations prescribed by
the Secretary of Defense, a member sentenced by a court-martial
to a period of confinement for more than six months may be
separated from the member's armed force at any time after the
sentence to confinement has become final under chapter 47 of
this title and the person has served in confinement for a
period of six months.''.
(B) The table of sections at the beginning of chapter 59 of
such title is amended by inserting after the item relating to
section 1166 the following new item:
``1167. Members under confinement by sentence of court-martial:
separation after six months confinement.''.
(2)(A) Chapter 1221 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 12687. Reserves under confinement by sentence of court-martial:
separation after six months confinement
``Except as otherwise provided in regulations prescribed by
the Secretary of Defense, a Reserve sentenced by a court-
martial to a period of confinement for more than six months may
be separated from that Reserve's armed force at any time after
the sentence to confinement has become final under chapter 47
of this title and the Reserve has served in confinement for a
period of six months.''.
(B) The table of sections at the beginning of chapter 1221
of such title is amended by inserting at the end thereof the
following new item:
``12687. Reserves under confinement by sentence of court-martial:
(b) Drop From Rolls.--(1) Section 1161(b) of title 10,
United States Code, is amended by striking out ``or (2)'' and
inserting in lieu thereof ``(2) who may be separated under
section 1178 of this title by reason of a sentence to
confinement adjudged by a court-martial, or (3)''.
(2) Section 12684 of such title is amended--
(A) by striking out ``or'' at the end of paragraph
(1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) who may be separated under section 12687 of
this title by reason of a sentence to confinement
adjudged by a court-martial; or''.
SEC. 564. LIMITATIONS ON REDUCTIONS IN MEDICAL PERSONNEL.
(a) In General.--(1) Chapter 3 of title 10, United States
Code, is amended by inserting after section 129b the following
new section:
``Sec. 129c. Medical personnel: limitations on reductions
``(a) Limitation on Reduction.--For any fiscal year, the
Secretary of Defense may not make a reduction in the number of
medical personnel of the Department of Defense described in
subsection (b) unless the Secretary makes a certification for
that fiscal year described in subsection (c).
``(b) Covered Reductions.--Subsection (a) applies to a
reduction in the number of medical personnel of the Department
of Defense as of the end of a fiscal year to a number that is
less than--
``(1) 95 percent of the number of such personnel at
the end of the immediately preceding fiscal year; or
``(2) 90 percent of the number of such personnel at
the end of the third fiscal year preceding the fiscal
year.
``(c) Certification.--A certification referred to in
subsection (a) with respect to reductions in medical personnel
of the Department of Defense for any fiscal year is a
certification by the Secretary of Defense to Congress that--
``(1) the number of medical personnel being reduced
is excess to the current and projected needs of
theDepartment 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 disproportionatly borne by any one of the armed
forces and is not exclusively or disproportionatly borne by
either the active or the reserve components.
``(e) Definition.--In this section, the term `medical
personnel' means--
``(1) the members of the armed forces covered by
the term `medical personnel' as defined in section
115a(g)(2) of this title; and
``(2) the civilian personnel of the Department of
Defense assigned to military medical facilities.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 129b
the following new item:
``129c. Medical personnel: limitations on reductions.''.
(b) Special Transition Rule for Fiscal Year 1996.--For
purposes of applying subsection (b)(1) of section 129c of title
10, United States Code, as added by subsection (a), during
fiscal year 1996, the number against which the percentage
limitation of 95 percent is computed shall be the number of
medical personnel of the Department of Defense as of the end of
fiscal year 1994 (rather than the number as of the end of
fiscal year 1995).
(c) Report on Planned Reductions.--(1) Not later than March
1, 1996, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a plan for the
reduction of the number of medical personnel of the Department
of Defense over the five-year period beginning on October 1,
1996.
(2) The Secretary shall prepare the plan through the
Assistant Secretary of Defense having responsibility for health
affairs, who shall consult in the preparation of the plan with
the Surgeon General of the Army, the Surgeon General of the
Navy, and the Surgeon General of the Air Force.
(3) For purposes of this subsection, the term ``medical
personnel of the Department of Defense'' shall have the meaning
given the term ``medical personnel'' in section 129c(e) of
title 10, United States Code, as added by subsection (a).
(d) Repeal of Superseded Provisions of Law.--The following
provisions of law are repealed:
(1) Section 711 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 115
note).
(2) Subsection (b) of section 718 of the National
Defense Authorization Act for Fiscal Years 1992 and
1993 (Public Law 102-190; 10 U.S.C. 115 note).
(3) Section 518 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 12001 note).
SEC. 565. SENSE OF CONGRESS CONCERNING PERSONNEL TEMPO RATES.
(a) Findings.--Congress makes the following findings:
(1) Excessively high personnel tempo rates for
members of the Armed Forces resulting from high-tempo
unit operations degrades unit readiness and morale and
eventually can be expected to adversely affect unit
retention.
(2) The Armed Forces have begun to develop methods
to measure and manage personnel tempo rates.
(3) The Armed Forces have attempted to reduce
operations and personnel tempo for heavily tasked units
by employing alternative capabilities and reducing
tasking requirements.
(b) Sense of Congress.--The Secretary of Defense should
continue to enhance the knowledge within the Armed Forces of
personnel tempo and to improve the techniques by which
personnel tempo is defined and managed with a view toward
establishing and achieving reasonable personnel tempo standards
for all personnel, regardless of service, unit, or assignment.
SEC. 566. SEPARATION BENEFITS DURING FORCE REDUCTION FOR OFFICERS OF
COMMISSIONED CORPS OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Separation Benefits.--Subsection (a) of section 3 of
the Act of August 10, 1956 (33 U.S.C. 857a), is amended by
adding at the end the following new paragraph:
``(15) Section 1174a, special separation benefits
(except that benefits under subsection (b)(2)(B) of
such section are subject to the availability of
appropriations for such purpose and are provided at the
discretion of the Secretary of Commerce).''.
(b) Technical Corrections.--Such section is further
amended--
(1) by striking out ``Coast and Geodetic Survey''
in subsections (a) and (b) and inserting in lieu
thereof ``commissioned officer corps of the National
Oceanic and Atmospheric Administration''; and
(2) in subsection (a), by striking out ``including
changes in those rules made after the effective date of
this Act'' in the matter preceding paragraph (1) and
inserting in lieu thereof ``as those provisions are in
effect from time to time''.
(c) Temporary Early Retirement Authority.--Section 4403
(other than subsection (f)) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
Stat. 2702; 10 U.S.C. 1293 note) shall apply to the
commissioned officer corps of the National Oceanic and
Atmospheric Administration in the same manner and to the same
extent as that section applies to the Department of Defense.
The Secretary of Commerce shall implement the provisions of
that section with respect to such commissioned officer corps
and shall apply the provisions of that section to the
provisions of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 relating to the retirement of members of
such commissioned officer corps.
(d) Effective Date.--This section shall apply only to
members of the commissioned officer corps of the National
Oceanic and Atmospheric Administration who are separated after
September 30, 1995.
SEC. 567. DISCHARGE OF MEMBERS OF THE ARMED FORCES WHO HAVE THE HIV-1
VIRUS.
(a) In General.--(1) Section 1177 of title 10, United
States Code, is amended to read as follows:
``Sec. 1177. Members infected with HIV-1 virus: mandatory discharge or
retirement
``(a) Mandatory Separation.--A member of the armed forces
who is HIV-positive shall be separated. Such separation shall
be made on a date determined by the Secretary concerned, which
shall be as soon as practicable after the date on which the
determination is made that the member is HIV-positive and not
later than the last day of the sixth month beginning after such
date.
``(b) Form of Separation.--If a member to be separated
under this section is eligible to retire under any provision of
law or to be transferred to the Fleet Reserve or Fleet Marine
Corps Reserve, the member shall be so retired or so
transferred. Otherwise, the member shall be discharged. The
characterization of the service of the member shall be
determined without regard to the determination that the member
is HIV-positive.
``(c) Deferral of Separation for Members in 18-Year
Retirement Sanctuary.--In the case of a member to be discharged
under this section who on the date on which the member is to be
discharged is within two years of qualifying for retirement
under any provision of law, or of qualifying for transfer to
the Fleet Reserve or Fleet Marine Corps Reserve under section
6330 of this title, the member may, as determined by the
Secretary concerned, be retained on active duty until the
member is qualified for retirement or transfer to the Fleet
Reserve or Fleet Marine Corps Reserve, as the case may be, and
then be so retired or transferred, unless the member is sooner
retired or discharged under any other provision of law.
``(d) Separation To Be Considered Involuntary.--A
separation under this section shall be considered to be an
involuntary separation for purposes of any other provision of
law.
``(e) Entitlement to Health Care.--A member separated under
this section shall be entitled to medical and dental care under
chapter 55 of this title to the same extent and under the same
conditions as a person who is entitled to such care under
section 1074(b) of this title.
``(f) Counseling About Available Medical Care.--A member to
be separated under this section shall be provided information,
in writing, before such separation of the available medical
care (through the Department of Veterans Affairs and otherwise)
to treat the member's condition. Such information shall include
identification of specific medical locations near the member's
home of record or point of discharge at which the member may
seek necessary medical care.
``(g) HIV-Positive Members.--A member shall be considered
to be HIV-positive for purposes of this section if there is
serologic evidence that the member is infected with the virus
known as Human Immunodeficiency Virus-1 (HIV-1), the virus most
commonly associated with the acquired immune deficiency
syndrome (AIDS) in the United States. Such serologic evidence
shall be considered to exist if there is a reactive result
given by an enzyme-linked immunosorbent assay (ELISA) serologic
test that is confirmed by a reactive and diagnostic
immunoelectrophoresis test (Western blot) on two separate
samples. Any such serologic test must be one that is approved
by the Food and Drug Administration.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 59 of such title is
amended to read as follows:
``1177. Members infected with HIV-1 virus: mandatory discharge or
retirement.''.
(b) Effective Date.--Section 1177 of title 10, United
States Code, as amended by subsection (a), applies with respect
to members of the Armed Forces determined to be HIV-positive
before, on, or after the date of the enactment of this Act. In
the case of a member of the Armed Forces determined to be HIV-
positive before such date, the deadline for separation of the
member under subsection (a) of such section, as so amended,
shall be determined from the date of the enactment of this Act
(rather than from the date of such determination).
SEC. 568. REVISION AND CODIFICATION OF MILITARY FAMILY ACT AND MILITARY
CHILD CARE ACT.
(a) In General.--(1) Subtitle A of title 10, United States
Code, is amended by inserting after chapter 87 the following
new chapter:
``CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
``Subchapter Sec.
Military Family Programs.....................................1781
Military Child Care..........................................1791
``SUBCHAPTER I--MILITARY FAMILY PROGRAMS
``Sec.
``1781. Office of Family Policy.
``1782. Surveys of military families.
``1783. Family members serving on advisory committees.
``1784. Employment opportunities for military spouses.
``1785. Youth sponsorship program.
``1786. Dependent student travel within the United States.
``1787. Reporting of child abuse.
``Sec. 1781. Office of Family Policy
``(a) Establishment.--There is in the Office of the
Secretary of Defense an Office of Family Policy (hereinafter in
this section referred to as the `Office'). The Office shall be
under the Assistant Secretary of Defense for Force Management
and Personnel.
``(b) Duties.--The Office--
``(1) shall coordinate programs and activities of
the military departments to the extent that they relate
to military families; and
``(2) shall make recommendations to the Secretaries
of the military departments with respect to programs
and policies regarding military families.
``(c) Staff.--The Office shall have not less than five
professional staff members.
``Sec. 1782. Surveys of military families
``(a) Authority.--The Secretary of Defense may conduct
surveys of members of the armed forces on active duty or in an
active status, members of the families of such members, and
retired members of the armed forces to determine the
effectiveness of Federal programs relating to military families
and the need for new programs.
``(b) Responses To Be Voluntary.--Responses to surveys
conducted under this section shall be voluntary.
``(c) Federal Recordkeeping Requirements.--With respect to
such surveys, family members of members of the armed forces and
reserve and retired members of the armed forces shall be
considered to be employees of the United States for purposes of
section 3502(3)(A)(i) of title 44.
``Sec. 1783. Family members serving on advisory committees
``A committee within the Department of Defense which
advises or assists the Department in the performance of any
function which affects members of military families and which
includes members of military families in its membership shall
not be considered an advisory committee under section 3(2) of
the Federal Advisory Committee Act (5 U.S.C. App.) solely
because of such membership.
``Sec. 1784. Employment opportunities for military spouses
``(a) Authority.--The President shall order such measures
as the President considers necessary to increase employment
opportunities for spouses of members of the armed forces. Such
measures may include--
``(1) excepting, pursuant to section 3302 of title
5, from the competitive service positions in the
Department of Defense located outside of the United
States to provide employment opportunities for
qualified spouses of members of the armed forces in the
same geographical area as the permanent duty station of
the members; and
``(2) providing preference in hiring for positions
in nonappropriated fund activities to qualified spouses
of members of the armed forces stationed in the same
geographical area as the nonappropriated fund activity
for positions in wage grade UA-8 and below and
equivalent positions and for positions paid at hourly
rates.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations--
``(1) to implement such measures as the President
orders under subsection (a);
``(2) to provide preference to qualified spouses of
members of the armed forces in hiring for any civilian
position in the Department of Defense if the spouse is
among persons determined to be best qualified for the
position and if the position is located in the same
geographical area as the permanent duty station of the
member;
``(3) to ensure that notice of any vacant position
in the Department of Defense is provided in a manner
reasonably designed to reach spouses of members of the
armed forces whose permanent duty stations are in the
same geographic area as the area in which the position
is located; and
``(4) to ensure that the spouse of a member of the
armed forces who applies for a vacant position in the
Department of Defense shall, to the extent practicable,
be considered for any such position located in the same
geographic area as the permanent duty station of the
member.
``(c) Status of Preference Eligibles.--Nothing in this
section shall be construed to provide a spouse of a member of
the armed forces with preference in hiring over an individual
who is a preference eligible.
``Sec. 1785. Youth sponsorship program
``(a) Requirement.--The Secretary of Defense shall require
that there be at each military installation a youth sponsorship
program to facilitate the integration of dependent children of
members of the armed forces into new surroundings when moving
to that military installation as a result of a parent's
permanent change of station.
``(b) Description of Programs.--The program at each
installation shall provide for involvement of dependent
children of members presently stationed at the military
installation and shall be directed primarily toward children in
their preteen and teenage years.
``Sec. 1786. Dependent student travel within the United States
``Funds available to the Department of Defense for the
travel and transportation of dependent students of members of
the armed forces stationed overseas may be obligated for
transportation allowances for travel within or between the
contiguous States.
``Sec. 1787. Reporting of child abuse
``(a) In General.--The Secretary of Defense shall request
each State to provide for the reporting to the Secretary of any
report the State receives of known or suspected instances of
child abuse and neglect in which the person having care of the
child is a member of the armed forces (or the spouse of the
member).
``(b) Definition.--In this section, the term `child abuse
and neglect' has the meaning provided in section 3(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5102).
``SUBCHAPTER II--MILITARY CHILD CARE
``Sec.
``1791. Funding for military child care.
``1792. Child care employees.
``1793. Parent fees.
``1794. Child abuse prevention and safety at facilities.
``1795. Parent partnerships with child development centers.
``1796. Subsidies for family home day care.
``1797. Early childhood education program.
``1798. Definitions.
``Sec. 1791. Funding for military child care
``It is the policy of Congress that the amount of
appropriated funds available during a fiscal year for operating
expenses for military child development centers and programs
shall be not less than the amount of child care fee receipts
that are estimated to be received by the Department of Defense
during that fiscal year.
``Sec. 1792. Child care employees
``(a) Required Training.--(1) The Secretary of Defense
shall prescribe regulations implementing a training program for
child care employees. Those regulations shall apply uniformly
among the military departments. Subject to paragraph (2),
satisfactory completion of the training program shall be a
condition of employment of any person as a child care employee.
``(2) Under those regulations, the Secretary shall require
that each child care employee complete the training program not
later than six months after the date on which the employee is
employed as a child care employee.
``(3) The training program established under this
subsection shall cover, at a minimum, training in the
following:
``(A) Early childhood development.
``(B) Activities and disciplinary techniques
appropriate to children of different ages.
``(C) Child abuse prevention and detection.
``(D) Cardiopulmonary resuscitation and other
emergency medical procedures.
``(b) Training and Curriculum Specialists.--(1) The
Secretary of Defense shall require that at least one employee
at each military child development center be a specialist in
training and curriculum development. The Secretary shall ensure
that such employees have appropriate credentials and
experience.
``(2) The duties of such employees shall include the
following:
``(A) Special teaching activities at the center.
``(B) Daily oversight and instruction of other
child care employees at the center.
``(C) Daily assistance in the preparation of lesson
plans.
``(D) Assistance in the center's child abuse
prevention and detection program.
``(E) Advising the director of the center on the
performance of other child care employees.
``(3) Each employee referred to in paragraph (1) shall be
an employee in a competitive service position.
``(c) Competitive Rates of Pay.--For the purpose of
providing military child development centers with a qualified
and stable civilian workforce, employees at a military
installation who are directly involved in providing child care
and are paid from nonappropriated funds--
``(1) in the case of entry-level employees, shall
be paid at rates of pay competitive with the rates of
pay paid to other entry-level employees at that
installation who are drawn from the same labor pool;
and
``(2) in the case of other employees, shall be paid
at rates of pay substantially equivalent to the rates
of pay paid to other employees at that installation
with similar training, seniority, and experience.
``(d) Employment Preference Program for Military Spouses.--
(1) The Secretary of Defense shall conduct a program under
which qualified spouses of members of the armed forces shall be
given a preference in hiring for the position of child care
employee in a position paid from nonappropriated funds if the
spouse is among persons determined to be best qualified for the
position.
``(2) A spouse who is provided a preference under this
subsection at a military child development center may not be
precluded from obtaining another preference, in accordance with
section 1794 of this title, in the same geographic area as the
military child developme