II

104TH CONGRESS

2D SESSION S. 1672

To make various changes to laws affecting the management and operations

of the Department of Defense, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 16, 1996

Mr. THURMOND (for himself and Mr. NUNN) (by request)) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To make various changes to laws affecting the management

and operations of the Department of Defense, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. USE OF DOD WARSAW INITIATIVE FUNDS IN

4 SUPPORT OF THE REGIONAL AIRSPACE INI5 TIATIVE AND THE PARTNERSHIP FOR PEACE

6 INFORMATION MANAGEMENT SYSTEM.

7 In addition to purposes authorized by section 2010

8 of title 10, United States Code, funds appropriated pursu9 ant to the authorizations for the Warsaw Initiative and
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1 the Partnership for Peace may be used to assist in the

2 implementation of the Regional Airspace Initiative and the

3 Partnership for Peace Information Management System,

4 including the procurement of items in support of such pro5 grams and transfer of such items to participating coun6 tries.

7 SEC. 2. AUTHORIZED STRENGTHS: COMMISSIONED OFFI8 CERS ON ACTIVE DUTY IN GRADES OF

9 MAJOR, LIEUTENANT COLONEL, AND COLO10 NEL AND NAVY GRADES OF LIEUTENANT

11 COMMANDER, COMMANDER, AND CAPTAIN.

12 (a) REVISION IN THE ARMY, AIR FORCE, AND MA13 RINE CORPS AUTHORIZED STRENGTH LIMITATIONS.—

14 The table in paragraph (1) of section 523(a) of title 10,

15 United States Code, is amended to read as follows:

Total number of commissioned officers (excluding officers in categories specified in subsection

(b)) on active duty:

Number of officers who may be serving on active duty in the grade of—

Major Lieutenant

Colonel Colonel

Army:

35,000 ............................................. 8,922 6,419 2,163

40,000 ............................................. 9,614 6,807 2,347

45,000 ............................................. 10,305 7,196 2,530

50,000 ............................................. 10,997 7,584 2,713

55,000 ............................................. 11,688 7,973 2,897

60,000 ............................................. 12,380 8,361 3,080

65,000 ............................................. 13,071 8,750 3,264

70,000 ............................................. 13,763 9,138 3,447

75,000 ............................................. 14,454 9,527 3,631

80,000 ............................................. 15,146 9,915 3,814

85,000 ............................................. 15,837 10,304 3,997

90,000 ............................................. 16,529 10,692 4,181

95,000 ............................................. 17,220 11,081 4,364

100,000 ........................................... 17,912 11,469 4,548

110,000 ........................................... 19,295 12,246 4,915

120,000 ........................................... 20,678 13,023 5,281

Air Force:

35,000 ............................................. 9,216 7,090 2,125

40,000 ............................................. 10,025 7,478 2,306

45,000 ............................................. 10,835 7,866 2,487

50,000 ............................................. 11,645 8,253 2,668
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Total number of commissioned officers (excluding officers in categories specified in subsection

(b)) on active duty:

Number of officers who may be serving on active duty in the grade of—

Major Lieutenant

Colonel Colonel

55,000 ............................................. 12,454 8,641 2,849

60,000 ............................................. 13,264 9,029 3,030

65,000 ............................................. 14,073 9,417 3,211

70,000 ............................................. 14,883 9,805 3,392

75,000 ............................................. 15,693 10,193 3,573

80,000 ............................................. 16,502 10,582 3,754

85,000 ............................................. 17,312 10,971 3,935

90,000 ............................................. 18,121 11,360 4,115

95,000 ............................................. 18,931 11,749 4,296

100,000 ........................................... 19,741 12,138 4,477

110,000 ........................................... 21,360 12,915 4,838

120,000 ........................................... 22,979 13,692 5,200

Marine Corps:

10,000 ............................................. 2,525 1,480 571

12,500 ............................................. 2,900 1,600 592

15,000 ............................................. 3,275 1,720 613

17,500 ............................................. 3,650 1,840 633

20,000 ............................................. 4,025 1,960 654

22,500 ............................................. 4,400 2,080 675

25,000 ............................................. 4,775 2,200 695

1 (b) REVISION IN THE NAVY AUTHORIZED STRENGTH

2 LIMITATIONS.—The table in paragraph (2) of section

3 523(a) of title 10, United States Code, is amended to read

4 as follows:

Total number of commissioned officers (excluding officers in categories specified in subsection

(b)) on active duty:

Number of officers who may be serving on active duty in the grade of—

Lieutenant

Commander Commander Captain

Navy:

30,000 ............................................. 7,331 5,018 2,116

33,000 ............................................. 7,799 5,239 2,223

36,000 ............................................. 8,267 5,460 2,330

39,000 ............................................. 8,735 5,681 2,437

42,000 ............................................. 9,203 5,902 2,544

45,000 ............................................. 9,671 6,123 2,651

48,000 ............................................. 10,139 6,343 2,758

51,000 ............................................. 10,606 6,561 2,864

54,000 ............................................. 11,074 6,782 2,971

57,000 ............................................. 11,541 7,002 3,078

60,000 ............................................. 12,009 7,222 3,185

63,000 ............................................. 12,476 7,441 3,292

66,000 ............................................. 12,944 7,661 3,398

70,000 ............................................. 13,567 7,954 3,541

90,000 ............................................. 16,683 9,419 4,254

5 (c) EFFECTIVE DATE AND APPLICABILITY.—The

6 amendments made by subsections (a) and (b) of this sec-
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1 tion shall become effective September 1, 1997. With the

2 approval of the Secretary of Defense, if funds are available

3 for such purposes, the Secretary of a Military Department

4 may implement such amendments at an earlier date fol5 lowing the date of enactment of this Act.

6 SEC. 3. AGREEMENTS FOR SERVICES OF OTHER AGENCIES

7 IN SUPPORT OF ENVIRONMENTAL TECH8 NOLOGY DEMONSTRATION AND VALIDATION.

9 The Secretary of Defense is authorized to enter into

10 procurement contracts, grants or cooperative agreements

11 on a reimbursable or other basis with any State or local

12 government agency to obtain the services of that agency

13 to assist the Department in demonstrating and validating

14 environmental technologies. Services that may be obtained

15 using this authority include (but are not limited to) data

16 gathering and analysis, and technical assistance in con17 ducting a demonstration, including implementation of

18 quality assurance and quality control programs. The Sec19 retary may pay reasonable, nondiscriminatory service

20 charges provided the charge does not exceed the actual

21 or estimated cost of providing the service. To effectuate

22 the purposes of this section, the Department need not

23 comply with the provisions of the Federal Grant and Coop24 erative Agreement Act of 1977 (31 U.S.C. 6301–6308)

25 requiring the use of a procurement contract to acquire
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1 services for the direct benefit of the United States Govern2 ment, but must otherwise comply with Departmental regu3 lations and Office of Management and Budget guidance

4 respecting the use and administration of grants and coop5 erative agreements.

6 SEC. 4. AUTHORITY FOR FOREIGN MILITARY SALES TO THE

7 GOVERNMENT OF HAITI.

8 The Government of Haiti is eligible to purchase de9 fense articles and services under the Arms Export Control

10 Act (22 U.S.C. 2751, et seq.), except as otherwise specifi11 cally stated in law.

12 SEC. 5. FOUNDATION GENEVA CENTRE FOR SECURITY POL13 ICY.

14 (a) AUTHORITY.—The Secretary of Defense may par15 ticipate in the Foundation Geneva Centre for Security Pol16 icy, including the sharing of costs proportional to United

17 States use of the Centre, and may send as many civilians

18 as directors, deans, professors, scholars, instructors, re19 searchers, and lecturers at the Foundation Geneva Centre

20 for Security Policy as the Secretary considers necessary.

21 (b) COMPENSATION.—The compensation of persons

22 employed under this section shall be as prescribed by the

23 Secretary of Defense.
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1 SEC. 6. REPEAL OF LIMITATION ON USE OF APPROPRIATED

2 FUNDS TO INFLUENCE CERTAIN FEDERAL

3 CONTRACTING AND FINANCIAL TRANS4 ACTIONS.

5 (a) IN GENERAL.—Section 1352 of title 31, United

6 States Code, entitled ‘‘Limitation on use of appropriated

7 funds to influence certain Federal contracting and finan8 cial transactions’’ is repealed.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of chapter 13 of such title 31 is amended

11 by striking the item relating to section 1352.

12 SEC. 7. REFINEMENTS TO THIRD PARTY COLLECTION AND

13 CHAMPUS DOUBLE COVERAGE PROGRAMS.

14 (a) EXPANSION OF COLLECTION AUTHORITIES.—

15 Section 1095 of title 10, United States Code, is amend16 ed—

17 (1) in subsection (g)(1), by inserting after ‘‘pro18 vided at’’ ‘‘or through’’;

19 (2) in subsection (h)(1), by inserting before the

20 period at the end of the first sentence the following:

21 ‘‘and a workers’ compensation program or plan’’;

22 and

23 (3) in subsection (h)(2)—

24 (A) by striking ‘‘and’’ substituting in lieu

25 thereof a comma;
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1 (B) by inserting before the period at the

2 end ‘‘, and personal injury protection or medical

3 payments benefits in cases involving personal

4 injuries resulting from operation of a motor ve5 hicle’’.

6 (b) INCLUSION OF THIRD PARTY PAYER IN COLLEC7 TION EFFORTS.—Section 1079(j)(1) of title 10, United

8 States Code, is amended by inserting after ‘‘or health

9 plan’’ ‘‘, including any plan offered by any third party

10 payer (as defined in section 1095(h)(1)),’’.

11 SEC. 8. CONTRIBUTIONS TO CAPITAL OF A CORPORATION.

12 Section 118(b) of the Internal Revenue Code is

13 amended as follows:

14 (1) by inserting ‘‘(1)’’ immediately before ‘‘does

15 not’’; and

16 (2) by striking the period at the end and insert17 ing in lieu thereof: ‘‘; but (2) does include the trans18 fer of a Department of Defense owned utility sys19 tem, in whole or in part, and any associated funds

20 or utility connection fees.’’.

21 SEC. 9. INCREASE IN THE PENALTIES FOR CERTAIN TRAF22 FIC OFFENSES ON FEDERAL PROPERTY.

23 Section 4 of the Act of June 1, 1948 (40 U.S.C.

24 318c) is amended to read as follows:
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1 ‘‘SEC. 4. Whoever shall violate any rule or regulation

2 promulgated pursuant to section 2 of this Act shall be

3 fined in accordance with title 18, United States Code.’’.

4 SEC. 10. STREAMLINING AND SIMPLIFYING CHILD SUP5 PORT AND ALIMONY GARNISHMENT PROC6 ESSING.

7 Section 459 of the Social Security Act (42 U.S.C.

8 659) is amended by revising subsection (b) to read as fol9 lows:

10 ‘‘METHODS OF SERVICE OF LEGAL PROCESS

11 ‘‘(b) Service of legal process brought for the enforce12 ment of an individual’s obligation to provide child support

13 or to make alimony payments may be accomplished by fac14 simile or electronic transmission, mail, or by personal serv15 ice upon the appropriate agent designated for receipt of

16 such service of process pursuant to regulations promul17 gated pursuant to section 461 of this Act (or, if no agent

18 has been designated for the governmental entity having

19 payment responsibility for the moneys involved, then upon

20 the head of such governmental entity). Such process shall

21 be accompanied by sufficient data to permit prompt identi22 fication of the individual obligor and the moneys involved.

23 Such data shall include the individual obligor’s Social Se24 curity Number, if available.’’.
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1 SEC. 11. ELIMINATION OF REQUIREMENT TO COMPLETE

2 ENVIRONMENTAL REMEDIAL INVESTIGA3 TIONS AND FEASIBILITY STUDIES AT CLOS4 ING BASES.

5 Section 334 of the National Defense Authorization

6 Act for Fiscal Years 1992 and 1993 (Public Law 102–

7 190; 10 U.S.C. 2687 note) is hereby repealed.

8 SEC. 12. PAYMENTS OF STIPULATED PENALTIES ASSESSED

9 UNDER CERCLA.

10 The Secretary of Defense may pay from funds appro11 priated pursuant to section 2703 of title 10, United States

12 Code:

13 (1) To the Hazardous Substance Superfund es14 tablished under section 9507 of the Internal Reve15 nue Code of 1986 (26 U.S.C. 9507) stipulated civil

16 penalties assessed under the Comprehensive Envi17 ronmental Response, Compensation, and Liability

18 Act of 1980 (42 U.S.C. 9601 et seq.) in amounts as

19 follows:

20 (A) Not more than $34,000 assessed

21 against the United States Army at Fort Riley,

22 Kansas, under such Act.

23 (B) Not more than $55,000 assessed

24 against the Massachusetts Military Reservation,

25 Massachusetts, under such Act.
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1 (C) Not more than $10,000 assessed

2 against the F.E. Warren Air Force Base, Wyo3 ming, under such Act.

4 (D) Not more than $30,000 assessed

5 against the Naval Education and Training Cen6 ter Newport, Rhode Island, under such Act.

7 (E) Not more than $37,500 assessed

8 against Lake City Army Ammunition Plant,

9 under such Act.

10 (2) To accomplish two environmental restora11 tion projects at a total cost not to exceed $500,000,

12 as part of a negotiated agreement in lieu of stipu13 lated penalties assessed under the Comprehensive

14 Environmental Response, Compensation, and Liabil15 ity Act of 1980 (42 U.S.C. 9601 et seq.) against the

16 Massachusetts Military Reservation, Massachusetts.

17 SEC. 13. AVIATION AND VESSEL WAR RISK INSURANCE.

18 (a) FINDINGS.—(1) The augmentation of the Defense

19 Transportation System, with privately owned commercial

20 aircraft and vessels, is essential for the rapid mobilization

21 of United States forces to meet contingencies occurring

22 anywhere in the world.

23 (2) The inability of the owners of privately owned air24 craft and vessels to obtain commercial insurance on rea25 sonable terms and conditions is a significant impediment
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1 to the utilization of commercial aircraft and vessels during

2 such contingencies. This was recognized with the creation

3 of government insurance funds pursuant to chapter 443

4 of title 49 of the United States Code, and title XII of the

5 Merchant Marine Act, 1936.

6 (3) The costs associated with the loss of a new air7 craft or vessel and potential liabilities to third parties have

8 exceeded the amounts available in the insurance funds and

9 threaten to jeopardize what heretofore have been ex10 tremely cost effective programs of the Department of

11 Transportation for the Department of Defense. Financial

12 constraints may force some commercial transportation

13 carriers to forgo participation, especially in aviation pro14 grams, unless commercial insurance practices regarding

15 timeliness of payment can be met.

16 (4) Through an agreement authorized by the above

17 statutes, the Department of Defense has agreed to indem18 nify the Department of Transportation for losses incurred

19 on contractor missions.

20 (b) PURPOSES.—The purposes of this section are as

21 follows:

22 (1) To provide means for timely payment of

23 claims by the Department of Transportation and

24 timely reimbursement of the Aviation Insurance

25 Fund and the Marine Insurance Fund by the De-
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1 partment of Defense to cover losses that may be in2 curred by commercial carriers supporting the na3 tional interests contemplated by chapter 443 of title

4 49, United States Code, and by title XII of the Mer5 chant Marine Act, 1936.

6 (2) To establish a mechanism for congressional

7 monitoring of the claims program, should the need

8 arise for direct involvement by Congress.

9 (c) AVIATION WAR RISK INSURANCE—REPAYMENT

10 FOR LOSSES TO THE TRANSPORTATION INSURANCE

11 FUNDS.—Section 44305 of title 49, United States Code,

12 is amended by adding at the end the following new sub13 section:

14 ‘‘(c)(1) The Secretary of Defense is authorized to

15 transfer, from any funds available to the Department of

16 Defense regardless of the purpose of the funds to be trans17 ferred, such sums as may be necessary to reimburse the

18 Administrator of the Federal Aviation Administration

19 under the provisions of this title to pay for the loss or

20 damage of civil aircraft, death or injury to personnel, and

21 losses or damage caused by or associated therewith, which

22 have been insured at the request of the Secretary of De23 fense. Such transfer authority shall be in addition to any

24 other statutory transfer authority and shall be made with25 out regard to any dollar limitations contained therein.
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1 Such transfers will be merged with the amounts in the

2 Aviation Insurance Fund.

3 ‘‘(2) The Secretary of Defense shall promptly reim4 burse the Aviation Insurance Fund. Such reimbursement

5 to the Aviation Insurance Fund shall not be subject to

6 the notification or delay requirements contained in other

7 statutes and shall be made not later than 30 days follow8 ing the presentation to the Administrator of the Federal

9 Aviation Administration of a claim for the loss or damage

10 to the hull, and not later than 180 days for all other valid

11 claims as determined by the Administrator of the Federal

12 Aviation Administration. Consolidation of claims is not re13 quired.

14 ‘‘(3) The Secretary of Defense and the Administrator

15 of the Federal Aviation Administration shall notify Con16 gress as soon after the occurrence of loss as possible, and

17 in no event more than 30 days, from the occurrence of

18 damage or loss to aircraft or equipment, injury or death

19 of personnel, and loss or damage caused by or associated

20 therewith, for amounts in excess of one million dollars, in21 sured by the Aviation Insurance Fund pursuant to an in22 demnifying agreement between the Secretary of Defense

23 and the Secretary of Transportation. Updates as to the

24 total amounts expended to cover such losses, pending liti-
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1 gation, and estimated total cost to the government shall

2 be submitted every 6 months until concluded.’’.

3 (d) VESSEL WAR RISK INSURANCE—REPAYMENT

4 FOR LOSSES TO THE TRANSPORTATION INSURANCE

5 FUNDS.—Section 1205 of the Merchant Marine Act,

6 1936, (46 App. U.S.C. 1285) is amended by adding at

7 the end the following new subsection:

8 ‘‘(c)(1) The Secretary of Defense is authorized to

9 transfer, from any funds available to the Department of

10 Defense regardless of the purpose of the funds to be trans11 ferred, such sums as are necessary to reimburse the Sec12 retary of Transportation under the provisions of this title

13 to pay for the loss or damage of a vessel, death or injury

14 of personnel, and losses or damages caused by or associ15 ated therewith, which have been insured as the request

16 of the Secretary of Defense. Such transfer authority shall

17 be in addition to any other statutory transfer authority

18 and shall be made without regard to any dollar limitations

19 contained therein. Such transfers will be merged with the

20 amounts in the insurance fund created pursuant to section

21 1208 of this title.

22 ‘‘(2) The Secretary of Defense shall promptly reim23 burse the insurance fund created pursuant to section 1208

24 of this title. Such reimbursements shall not be subject to

25 the notification or delay requirements contained in other
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1 statutes and shall be made not later than 90 days follow2 ing the adjudication or settlement by the Secretary of

3 Transportation of a claim for the loss or damage to a ves4 sel, or the death or injury of personnel, or loss or damage

5 associated therewith. Consolidation of claims is not re6 quired.

7 ‘‘(3) The Secretary of Defense and the Secretary of

8 Transportation shall provide Congress on a periodic basis

9 a report of claims paid in amounts in excess of one million

10 dollars which are insured by the Marine Insurance Fund

11 pursuant to an indemnifying agreement between the Sec12 retary of Defense and the Secretary of Transportation.

13 Updates as to the total amounts expended to cover such

14 losses, pending litigation, and estimated total cost to the

15 government shall be submitted every 6 months until con16 cluded.’’.

17 SEC. 14. AUTHORITY FOR ORDERING MEMBERS OF THE

18 READY RESERVE TO ACTIVE DUTY OTHER

19 THAN DURING WAR OR NATIONAL EMER20 GENCY.

21 (a) Section 10144 of title 10, United States Code,

22 is amended—

23 (1) by inserting ‘‘(a)’’ at the beginning of the

24 section, and
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1 (2) by adding at the end the following new sub2 section (b):

3 ‘‘(b) Within the Individual Ready Reserve of each re4 serve component there is a category of reserve members,

5 as determined by the Secretary concerned, who are subject

6 to an order to active duty under the provisions of section

7 12304 of this title. A member in this category may be

8 subject to such an order to active duty under section

9 12304 of this title only if the member volunteers for as10 signment to the category and only for a period of up to

11 24 months from the date of the individual’s separation

12 from active service. The Secretary concerned shall des13 ignate specific grades and military skills or specialties for

14 eligibility for assignment to such Individual Ready Reserve

15 mobilization category. An individual assigned to such Indi16 vidual Ready Reserve mobilization category shall be eligi17 ble, as determined by the Secretary of Defense, for bene18 fits (except pay and training) as normally are available

19 to members of the Selected Reserve.’’.

20 (b) Section 12304 of such title 10 is amended—

21 (1) in the catchline for such section by inserting

22 after ‘‘Selected Reserve’’ ‘‘and certain Individual

23 Ready Reserve members’’;

24 (2) in subsection (a), by inserting after ‘‘(as de25 fined in section 10143(a) of this title),’’ ‘‘or any
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1 member of the Individual Ready Reserve (as defined

2 in section 10144(b) of this title and designated as

3 essential under regulations promulgated by the Sec4 retary concerned,’’;

5 (3) in subsection (c), by inserting after ‘‘Se6 lected Reserve’’ ‘‘, which may include no more than

7 30,000 members of the Individual Ready Reserve (as

8 defined by section 10144(b)),’’;

9 (4) in subsection (f), by inserting after ‘‘Se10 lected Reserve’’ ‘‘or Individual Ready Reserve’’;

11 (5) in subsection (g), by inserting after ‘‘to

12 serve as a unit,’’ ‘‘, or a member of the Individual

13 Ready Reserve,’’; and

14 (6) by amending the item in the table of sec15 tions for such chapter 1209 of title 10 that refers

16 to section 12304 by inserting after ‘‘Selected Re17 serve’’ ‘‘and certain Individual Ready Reserve mem18 bers’’.

19 SEC. 15. EXTENSION AND AMENDMENT OF

20 COUNTERPROLIFERATION AUTHORITIES.

21 Section 1505 of the National Defense Authorization

22 Act for Fiscal Year 1993 (22 U.S.C. 5859a), as amended,

23 is amended—

24 (1) in paragraph (d)(3)—
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1 (A) by striking ‘‘Department of Defense’’

2 and inserting in lieu thereof ‘‘On-Site Inspec3 tion Agency’’;

4 (B) by striking after ‘‘Fiscal Year 1995’’

5 ‘‘or’’; and

6 (C) by inserting before the period at the

7 end ‘‘, ‘‘$15,000,000 for Fiscal Year 1997, or

8 $15,000,000 for Fiscal Year 1998’’; and

9 (2) in subsection (f) by striking ‘‘1996’’ and in10 serting in lieu thereof ‘‘1998’’.

Æ