II

104TH CONGRESS

1ST SESSION S. 727

To authorize appropriations for fiscal year 1996 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1996, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 27 (legislative day, APRIL 24), 1995

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 authorize appropriations for fiscal year 1996 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1996, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1996’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.
2

S 727 IS

Sec. 2. Table of contents.

TITLE I—PROCUREMENT

Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical demilitarization program.

Sec. 107. Defense Health Program.

Sec. 108. Repeal of requirement for separate budget request for procurement

of reserve equipment.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Sec. 201. Authorization of appropriations.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Civilian Marksmanship Program fund.

Sec. 304. Repeal of limitations on activities of Defense Business Operations

Fund.

Sec. 305. Amendments relating to the Ready Reserve Force Component of the

Ready Reserve Fleet.

Subtitle B—Reserve Component

Sec. 321. Reimbursement of pay and allowances and accountability of reservists

supporting cooperative threat reduction with States of the

former Soviet Union.

Sec. 322. Authority for Department of Defense funding for National Guard

participation in joint exercises with Army and Air Force for

disaster and emergency assistance.

Subtitle C—Other Matters

Sec. 331. Aviation and vessel war risk insurance.

Sec. 332. Testing of theater missile defense interceptors.

Sec. 333. Authority to assign overseas school personnel to domestic schools and

vice versa.

Sec. 334. Authorization for expenditure of O&M and procurement funds for the

accelerated architecture acquisition initiative.

Sec. 335. Establishment of a Department of Defense Laboratory Revitalization

Demonstration Program.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.
3

S 727 IS

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.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Equalization of accrual of service credit for officers and enlisted

members of the Armed Forces.

Sec. 502. Changes in general officer billet titles resulting from the reorganization of headquarters, Marine Corps.

Sec. 503. Increase in the transition period for officers selected for early retirement.

Sec. 504. Revision in the authorized strength limitations for Air Force commissioned officers on active duty in the grade of major.

Sec. 505. Revision in the authorized strength limitations for Navy commissioned officers on active duty in Grades of Lieutenant Commander, Commander, and Captain.

Sec. 506. Authorization of general or flag officer promotion zones.

Subtitle B—Reserve Component Matters

Sec. 511. Repeal of requirement for physical examination on calling militia into

Federal Service.

Sec. 512. Military leave for public safety duty performed by members of the Reserve components of the Armed Reserve Officers’ Training

Corps advanced course.

Sec. 514. Clarifying use of military morale, welfare, and recreation facilities by

retired reservists.

Sec. 515. Objective to increase percentage of prior active duty personnel in the

Selected Reserve.

Sec. 516. Wear of military uniform by National Guard technicians.

Sec. 517. Active duty retirement sanctuary for reservists.

Sec. 518. Involuntarily separated military reserve technicians.

Subtitle C—Amendments to the Uniform Code of Military

Justice

Sec. 551. Definitions.

Sec. 552. Jurisdiction over civilians accompanying the Forces in the field in

time of armed conflict.

Sec. 553. Investigations.

Sec. 554. Refusal to testify before court-martial.

Sec. 555. Records of trial.

Sec. 556. Effective date of punishments.

Sec. 557. Deferment of confinement.

Sec. 558. Submission of matters to the convening authority for consideration.

Sec. 559. Proceedings in revision.

Sec. 560. Post-trial review of courts-martial.

Sec. 561. Appeal by the United States.

Sec. 562. Flight from apprehension.
4

S 727 IS

Sec. 563. Carnal knowledge.

Sec. 564. Instruction in the Uniform Code of Military Justice.

Subtitle D—Other Matters

Sec. 571. Indefinite reenlistments for career enlisted members.

Sec. 572. Chief warrant officer promotions.

Sec. 573. Retirement of Director of Admissions, United States Military Academy, for years of service.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1995.

Sec. 602. Evacuation allowances that permits equal treatment of military dependents to civilians and their dependents.

Sec. 603. Continuous entitlement to career sea pay for crewmembers of ships

designated as tenders.

Sec. 604. Increase in the subsistence allowance payable to members of Senior

Reserve Officer’s Training Corps.

Sec. 605. Dislocation allowance (DLA) for base realignment and closure

(BRAC) moves.

Sec. 606. Family separation allowance (FSA–II).

Sec. 607. Authorization of payment of basic allowance for quarters to certain

members of the uniformed services assigned to sea duty.

Subtitle B—Income Tax Matters

Sec. 611. Exclusion of combat pay from withholding limited to amount excludable from gross income.

Subtitle C—Bonuses and Special and Incentive Pays

Sec. 621. Aviation Career Incentive Pay (ACIP) gates.

Sec. 622. Expiring authorities.

Subtitle D—Travel and Transportation Allowances

Sec. 631. Authority to expend appropriated funds to pay certain actual expenses of reservists.

Sec. 632. Flexibility when authorizing shipment of a motor vehicle incident to

permanent change of station orders.

Sec. 633. Authorization of return to United States of formerly dependent children who attain age overseas.

Subtitle E—Retired Pay, Insurance, and Survivor Benefits

Sec. 641. Retired pay for non-regular service.

Sec. 642. Fiscal year 1996 cost-of-living adjustment for military retirees.

Sec. 643. Automatic Servicemen’s Group Life Insurance (SGLI).

Sec. 644. Improved death and disability benefits for reservists.

Subtitle F—Separation Pay

Sec. 651. Transitional compensation for dependents of members of the Armed

Forces separated for dependent abuse.
5

S 727 IS

Subtitle G—Other Matters

Sec. 661. Military clothing sales stores, replacement sales.

TITLE VII—CIVILIAN EMPLOYEES

Subtitle A—Civilian Personnel Policy

Sec. 701. Holidays and alternative work schedules.

Sec. 702. Elimination of 120-day limitation on details.

Sec. 703. Elimination of part-time employment reports.

Subtitle B—Compensation and Other Personnel Benefit

Sec. 711. Repeal of prohibition on payment of lodging expenses when adequate

government quarters are available.

Sec. 712. Overtime exemption for Nonappropriated Fund (NAF) Employees.

Subtitle C—Separation Provisions

Sec. 721. Continued health insurance coverage.

Sec. 722. Lump sum severance payments.

Sec. 723. Civilian voluntary release program.

TITLE VIII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Management

Sec. 801. Codification and strengthening of CHAMPUS Physician Payment

Reform Program.

Sec. 802. Repeal of certain limitations on reductions of medical personnel.

Subtitle B—Other Matters

Sec. 811. Recognition by States of military advance medical directives.

Sec. 812. Closure of the Uniform Services University of the Health Sciences.

Sec. 813. Repeal of the statutory restriction on use of funds for abortions.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.

Sec. 902. Change in name of Assistant to the Secretary of Defense for Atomic

Energy to Assistant to the Secretary of Defense for Nuclear

and Chemical Programs.

Subtitle B—Professional Military Education

Sec. 911. Inclusion of Information Resources Management College in the National Defense University.

Sec. 912. Employment of civilians at the Asia-Pacific Center for Security Studies.

Subtitle C—Other Matters

Sec. 921. Reduction of reporting requirements.

Sec. 922. Repeal of prohibition of contracting for firefighting and security

guard functions at military facilities.
6

S 727 IS

Sec. 923. Increase in unspecified minor construction threshold from $1.5 million to $3.0 million and the operation and maintenance threshold from $300 thousand to $1 million.

Sec. 924. Annual report on National Guard and Reserve component equipment.

Sec. 925. Revision of date for submittal of joint report on scoring of budget

outlays.

Sec. 926. Repeal of annual report to Congress on contractor reimbursement

costs of environmental response actions.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Appointment and liability of disbursing and certifying officials.

Sec. 1002. Due process exemptions for minor adjustments in indebtedness actions.

Sec. 1003. Amendments to chapter 131 of title 10, United States Code.

Sec. 1004. Claims of personnel for personal property damage or loss.

Subtitle B—Counter-drug Activities

Sec. 1011. Clarification and amendment of authority for Federal support of

drug interdiction and counterdrug activities of the National

Guard.

Sec. 1012. Authorization to conduct outreach programs to reduce demand for

illegal drugs.

Subtitle C—Other Matters

Sec. 1021. Authorization of transportation between residence and place of employment.

Sec. 1022. National Guard Civilian Youth Opportunities Program.

Sec. 1023. Clarification of authority for requisitioning and lease of general

services vehicles for the Guard.

Sec. 1024. Armed Forces Historical Preservation Program.

Sec. 1025. Amendments to education loan repayment programs.

TITLE XI—MATTERS RELATING TO ALLIES, OTHER

NATIONS, AND INTERNATIONAL ORGANIZATIONS

Sec. 1101. Burdensharing contributions: accounting.

Sec. 1102. Relocation of United States Armed Forces in Japan and the Republic of Korea.

Sec. 1103. Rationalization, standardization and interoperability.

Sec. 1104. Cost of leased items which have been destroyed by the lessee.

Sec. 1105. Exchange and returns of defense articles previously transferred pursuant to the Arms Export Control Act.

Sec. 1106. Foreign disaster assistance.

Sec. 1107. Humanitarian assistance.

Sec. 1108. Humanitarian Assistance Program for Clearing Landmines.

Sec. 1109. Reimbursements, credits, & limited payments for assessments relating to international peacekeeping and peace enforcement activities.

Sec. 1110. Extension and amendment of counterproliferation authorities.

Sec. 1111. Cooperative research and development agreements with NATO organizations—Technical and conforming amendments.
7

S 727 IS

TITLE XII—ACQUISITION REFORM

Sec. 1201. Waivers from cancellation of funds.

Sec. 1202. Amendment to conform procurement notice posting thresholds.

Sec. 1203. Competitiveness of United States companies.

Sec. 1204. Inapplicability of prohibition on gratuities.

Sec. 1205. Prompt resolution of audit recommendations.

Sec. 1206. Repeal of domestic source limitation.

Sec. 1207. Extraordinary contractual relief.

Sec. 1208. Disposition of naval vessels.

Sec. 1209. Test program for negotiation of comprehensive subcontracting plans.

Sec. 1210. Civil Reserve Air Fleet.

Sec. 1211. Eighteen month shipbuilding claims.

Sec. 1212. Naval salvage facilities.

Sec. 1213. Factories and arsenals: manufacture at.

Sec. 1214. Bar on documenting economic impact.

Sec. 1215. Fees for samples, drawings.

Sec. 1216. Contracts: delegations.

Sec. 1217. Defense acquisition pilot programs.

Sec. 1218. Testing.

Sec. 1219. Coordination and communication of defense research activities.

Sec. 1220. Undefinitized contract actions.

Sec. 1221. Independent cost estimates.

Sec. 1222. Unit cost reports.

Sec. 1223. Repeal of spare parts quality control.

Sec. 1224. Patent and copyright cases.

Sec. 1225. Defense Acquisition Workforce Act improvements.

Sec. 1226. Technical amendment to authority to procure for experimental or

test purposes.

Sec. 1227. Repeal of certain depot level maintenance provisions.

1 TITLE I—procurement

2 Authorization of Appropriations

3 SEC. 101. ARMY.

4 (a) AIRCRAFT.—Funds are hereby authorized to be

5 appropriated for procurement of aircraft for the Army as

6 follows:

7 (1) $1,223,067,000 for fiscal year 1996.

8 (2) $843,391,000 for fiscal year 1997.

9 (b) MISSILES.—Funds are hereby authorized to be

10 appropriated for procurement of missiles for the Army as

11 follows:
8

S 727 IS

1 (1) $676,430,000 for fiscal year 1996.

2 (2) $717,757,000 for fiscal year 1997.

3 (c) WEAPONS AND TRACKED COMBAT VEHICLES.—

4 Funds are hereby authorized to be appropriated for pro5 curement of weapons and tracked combat vehicles for the

6 Army as follows:

7 (1) $1,298,986,000 for fiscal year 1996.

8 (2) $1,261,691,000 for fiscal year 1997.

9 (d) AMMUNITION.—Funds are hereby authorized to

10 be appropriated for procurement for ammunition for the

11 Army as follows:

12 (1) $795,015,000 for fiscal year 1996.

13 (2) $830,644,000 for fiscal year 1997.

14 (e) OTHER PROCUREMENT.—Funds are hereby au15 thorized to be appropriated for procurement for ammuni16 tion for the Army as follows:

17 (1) $2,256,601,000 for fiscal year 1996.

18 (2) $2,198,702,000 for fiscal year 1997.

19 SEC. 102. NAVY AND MARINE CORPS.

20 (a) AIRCRAFT.—Funds are hereby authorized to be

21 appropriated for procurement of aircraft for the Navy as

22 follows:

23 (1) $3,886,488,000 for fiscal year 1996.

24 (2) $6,885,201,000 for fiscal year 1997.
9

S 727 IS

1 (b) WEAPONS.—Funds are hereby authorized to be

2 appropriated for procurement of weapons (including mis3 siles and torpedoes) for the Navy as follows:

4 (1) $1,787,121,000 for fiscal year 1996.

5 (2) $1,714,337,000 for fiscal year 1997.

6 (c) SHIPBUILDING AND CONVERSION.—Funds are

7 hereby authorized to be appropriated for shipbuilding and

8 conversion for the Navy as follows:

9 (1) $5,051,935,000 for fiscal year 1996.

10 (2) $3,941,565,000 for fiscal year 1997.

11 (d) OTHER PROCUREMENT, NAVY.—Funds are here12 by authorized to be appropriated for other procurement

13 for the Navy as follows:

14 (1) $2,396,080,000 for fiscal year 1996.

15 (2) $3,124,435,000 for fiscal year 1997.

16 (e) MARINE CORPS.—Funds are hereby authorized to

17 be appropriated for procurement for the Marine Corps as

18 follows:

19 (1) $474,116,000 for fiscal year 1996.

20 (2) $687,917,000 for fiscal year 1997.

21 SEC. 103. AIR FORCE.

22 (a) AIRCRAFT.—Funds are hereby authorized to be

23 appropriated for procurement of aircraft for the Air Force

24 as follows:

25 (1) $6,183,886,000 for fiscal year 1996.
10

S 727 IS

1 (2) $6,576,934,000 for fiscal year 1997.

2 (b) MISSILES.—Funds are hereby authorized to be

3 appropriated for procurement of missiles for the Air Force

4 as follows:

5 (1) $3,647,711,000 for fiscal year 1996.

6 (2) $4,422,579,000 for fiscal year 1997.

7 (c) OTHER PROCUREMENT.—Funds are hereby au8 thorized to be appropriated for other procurement for the

9 Air Force as follows:

10 (1) $6,804,696,000 for fiscal year 1996.

11 (2) $6,904,630,000 for fiscal year 1997.

12 SEC. 104. DEFENSE-WIDE ACTIVITIES.

13 Funds are hereby authorized to be appropriated for

14 Defense-wide procurement as follows:

15 (1) $2,179,917,000 for fiscal year 1996.

16 (2) $2,524,975,000 for fiscal year 1997.

17 SEC. 105. DEFENSE INSPECTOR GENERAL.

18 Funds are hereby authorized to be appropriated for

19 procurement for the Inspector General of the Department

20 of Defense as follows:

21 (1) $1,000,000 for fiscal year 1996.

22 (2) $1,800,000 for fiscal year 1997.

23 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

24 Funds are hereby authorized to be appropriated for

25 the destruction of lethal chemical weapons in accordance
11

S 727 IS

1 with section 1412 of the Department of Defense Author2 ization Act, 1986 (50 U.S.C. 1521) and the destruction

3 of chemical warfare material of the United States that is

4 not covered by section 1412 of such Act as follows:

5 (1) $746,698,000 for fiscal year 1996.

6 (2) $828,747,000 for fiscal year 1997.

7 SEC. 107. DEFENSE HEALTH PROGRAM.

8 Funds are hereby authorized to be appropriated for

9 procurement for the Defense Health Program as follows:

10 (1) $288,033,000 for fiscal year 1996.

11 (2) $298,486,000 for fiscal year 1997.

12 SEC. 108. REPEAL OF REQUIREMENT FOR SEPARATE BUDG13 ET REQUEST FOR PROCUREMENT OF RE14 SERVE EQUIPMENT.

15 Section 114(e) of title 10, United States Code, is re16 pealed.

17 TITLE II—RESEARCH, DEVELOP18 MENT, TEST, AND EVALUA19 TION

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

21 (a) FISCAL YEAR 1996.—Funds are hereby author22 ized to be appropriated for fiscal year 1996 for the use

23 of the Armed Forces for research, development, test, and

24 evaluation, as follows:

25 (1) For the Army, $4,444,175,000.
12

S 727 IS

1 (2) For the Navy, $8,204,530,000.

2 (3) For the Air Force, $12,598,439,000.

3 (4) For Defense-wide activities,

4 $9,084,809,000, of which—

5 (A) $259,341,000 is authorized for the ac6 tivities of the Director, Test and Evaluation;

7 and

8 (B) $22,587,000 is authorized for the Di9 rector of Operational Test and Evaluation.

10 (b) FISCAL YEAR 1997.—Funds are hereby author11 ized to be appropriated for fiscal year 1997 for the use

12 of the Armed Forces for research, development, test, and

13 evaluation, as follows:

14 (1) For the Army, $4,240,968,000.

15 (2) For the Navy, $7,716,920,000.

16 (3) For the Air Force, $11,655,554,000.

17 (4) For Defense-wide activities,

18 $9,040,169,000, of which—

19 (A) $267,029,000 is authorized for the ac20 tivities of the Director, Test and Evaluation;

21 and

22 (B) $22,978,000 is authorized for the Di23 rector of Operational Test and Evaluation.
13

S 727 IS

1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 (a) FISCAL YEAR 1996.—Funds are hereby author7 ized to be appropriated for fiscal year 1996 for the use

8 of the Armed Forces of the United States and other activi9 ties and agencies of the Department of Defense, for ex10 penses, not otherwise provided for, for operation and

11 maintenance, in amounts as follows:

12 (1) For the Army, $18,184,736,000.

13 (2) For the Navy, $21,225,710,000.

14 (3) For the Marine Corps, $2,269,722,000.

15 (4) For the Air Force, $18,256,579,000.

16 (5) For Defense-wide Activities,

17 $10,366,782,000.

18 (6) For the Army Reserve, $1,068,591,000.

19 (7) For the Navy Reserve, $826,042,000.

20 (8) For the Marine Corps Reserve,

21 $90,283,000.

22 (9) For the Air Force Reserve, $1,485,947,000.

23 (10) For the Army National Guard,

24 $2,304,108,000.
14

S 727 IS

1 (11) For the Air National Guard,

2 $2,712,221,000.

3 (12) For the Defense Inspector General,

4 $138,226,000.

5 (13) For the Drug Interdiction and Counter6 drug Activities, Defense-wide, $680,432,000.

7 (14) For the United States Court of Appeals

8 for the Armed Forces, $6,521,000.

9 (15) For Environmental Restoration Defense,

10 $1,622,200,000.

11 (16) For Medical Programs, Defense,

12 $9,865,525,000.

13 (17) For Humanitarian Assistance,

14 $79,790,000.

15 (18) For Former Soviet Union Threat Reduc16 tion, $371,000,000.

17 (19) For Contributions for International Peace18 keeping and Peace Enforcement Activities, Defense,

19 $65,000,000.

20 (20) For support for the 1996 Summer Olym21 pics, $15,000,000.

22 (b) FISCAL YEAR 1997.—Funds are hereby author23 ized to be appropriated for fiscal year 1997 for the use

24 of the Armed Forces of the United States and other activi25 ties and agencies of the Department of Defense, for ex-
15

S 727 IS

1 penses, not otherwise provided for, for operation and

2 maintenance, in amounts as follows:

3 (1) For the Army, $17,628,264,000.

4 (2) For the Navy, $20,254,507,000.

5 (3) For the Marine Corps, $2,285,047,000.

6 (4) For the Air Force, $18,346,851,000.

7 (5) For Defense-wide Activities,

8 $10,492,192,000.

9 (6) For the Army Reserve, $1,033,630,000.

10 (7) For the Naval Reserve, $864,712,000.

11 (8) For the Marine Corps Reserve,

12 $95,272,000.

13 (9) For the Air Force Reserve, $1,059,030,000.

14 (10) For the Army National Guard,

15 $2,274,435,000.

16 (11) For the Air National Guard,

17 $2,773,343,000.

18 (12) For the Defense Inspector General,

19 $138,060,000.

20 (13) For the Drug Interdiction and Counter21 drug Activities, Defense-wide, $700,756,000.

22 (14) For the United States Court of Appeals

23 for the Armed Forces, $6,586,000.

24 (15) For Environmental Restoration Defense,

25 $1,622,200,000.
16

S 727 IS

1 (16) For Medical programs, Defense,

2 $9,720,509,000.

3 (17) For Humanitarian Assistance,

4 $71,633,000.

5 (18) For Former Soviet Union Threat Reduc6 tion, $364,400,000.

7 (19) For Contributions for International Peace8 keeping and Peace Enforcement Activities, Defense,

9 $100,000,000.

10 SEC. 302. WORKING CAPITAL FUNDS.

11 (a) FISCAL YEAR 1996.—Funds are hereby author12 ized to be appropriated for fiscal year 1996 for the use

13 of the Armed Forces of the United States and other activi14 ties and agencies of the Department of Defense for provid15 ing capital for working capital and revolving funds, in

16 amounts as follows:

17 (1) For the Defense Business Operations Fund,

18 $878,700,000.

19 (2) For the National Defense Sealift Fund,

20 $974,220,000.

21 (b) FISCAL YEAR 1997.—Funds are hereby author22 ized to be appropriated for fiscal year 1997 for the use

23 of the Armed Forces of the United States and other activi24 ties and agencies of the Department of Defense for provid-
17

S 727 IS

1 ing capital for working capital and revolving funds, for

2 the National Defense Sealift Fund, $913,402,000.

3 SEC. 303. CIVILIAN MARKSMANSHIP PROGRAM FUND.

4 (a) ESTABLISHMENT.—Subsections (c) and (d) of

5 section 4308 of title 10, United States Code, are amended

6 to read as follows:

7 ‘‘(c) CIVILIAN MARKSMANSHIP PROGRAM FUND.—

8 There is established in the Treasury of the United States,

9 a fund to be known as the ‘Civilian Marksmanship Pro10 gram Fund’ which shall be available for all expenses of

11 the Civilian Marksmanship Program. Amounts collected

12 by the Secretary under the Civilian Marksmanship Pro13 gram, including the proceeds from the sale of arms, am14 munition, targets and other supplies and appliances under

15 subsection (a) shall be deposited to the Fund and shall

16 be available until expended to carry out the Civilian

17 Marksmanship Program without a requirement for addi18 tional appropriation.

19 ‘‘(d) REIMBURSEMENT.—To the extent that appro20 priations available to the Department of Defense incur ex21 penses under sections 4310 through 4313 of this title,

22 such appropriations shall be reimbursed from amounts in

23 the Fund established under subsection (c).’’.

24 (b) TECHNICAL AMENDMENTS.—Subsection (b) of

25 section 4313 of title 10, United States Code, is amended
18

S 727 IS

1 by striking out ‘‘Appropriated funds available for the Ci2 vilian Marksmanship Program (as defined in section

3 4308(e) of this title) may be used’’ and inserting in lieu

4 thereof ‘‘Funds in the Civilian Marksmanship Program

5 Fund established by section 4308(c) of this title shall be

6 used’’.

7 (c) DISPOSITION OF UNOBLIGATED REIMBURSE8 MENTS CREDITED TO APPROPRIATIONS.—Unobligated

9 amounts credited to appropriations under the provisions

10 of section 4308(c) of title 10, United States Code, as in

11 existence prior to the amendments made by subsection (a)

12 of this section, shall be deposited to the Civilian Marks13 manship Program Fund established under section 4308(b)

14 of title 10, United States Code, as amended by subsection

15 (a). Such funds shall be merged with, and shall be avail16 able for the same time period and for the same purposes

17 specified in section 4308(c) of title 10, United States

18 Code, as amended by subsection (a) of this section.

19 SEC. 304. REPEAL OF LIMITATION ON ACTIVITIES OF THE

20 DEFENSE BUSINESS OPERATIONS FUND.

21 Section 316 of the National Defense Authorization

22 Act for fiscal years 1992 and 1993 (10 U.S.C. 2208 note)

23 is amended—

24 (1) by striking out ‘‘(a)’’ and the second sen25 tence in subsection (a); and
19

S 727 IS

1 (2) by repealing subsection (b).

2 SEC. 305. AMENDMENTS RELATING TO THE READY RE3 SERVE FORCE COMPONENT OF THE READY

4 RESERVE FLEET.

5 Section 2218 of title 10, United States Code is

6 amended—

7 (1) by amending subsection (c)—

8 (A) by striking out ‘‘and’’ at the end of

9 subparagraph (C);

10 (B) by striking out the period at the end

11 of subparagraph (D) and inserting ‘‘; and’’ in

12 lieu thereof; and

13 (C) by adding the following new subpara14 graph at the end thereof:

15 ‘‘(E) expenses of the National Defense Re16 serve Fleet, as established by section 11 of the

17 Merchant Ship Sales Act of 1946 (50 U.S.C.

18 App. 1744).’’.

19 (2) by amending subsection (i) by striking out

20 ‘‘Nothing’’ and inserting in lieu thereof ‘‘Except as

21 provided in subsection (c)(1)(E) of this section,

22 nothing’’.
20

S 727 IS

1 Subtitle B—Reserve Component

2 SEC. 321. REIMBURSEMENT OF PAY AND ALLOWANCES AND

3 ACCOUNTABILITY OF RESERVISTS SUPPORT4 ING COOPERATIVE THREAT REDUCTION

5 WITH STATES OF THE FORMER SOVIET

6 UNION.

7 Section 1206 of the National Defense Authorization

8 Act of 1995 (Public Law 103–337; 108 Stat. 2663) is

9 amended by adding at the end the following new sub10 sections:

11 ‘‘(c) REIMBURSEMENT FOR THE PAY AND ALLOW12 ANCES PAID TO RESERVE COMPONENT PERSONNEL.—An

13 official provided funds under this section may use those

14 funds for reimbursement of military personnel appropria15 tions accounts for the pay and allowances paid to reserve

16 component personnel for service while engaged in any ac17 tivity referred to in this section.

18 ‘‘(d) ACTIVE DUTY END STRENGTHS.—(1) A mem19 ber of a reserve component described in paragraph (2)

20 shall not be counted against the applicable end strength

21 limitations for members of the armed forces on active duty

22 of section 115(a)(1) of title 10 nor against the senior

23 grade strength limitations of sections 517 and 523 of title

24 10.
21

S 727 IS

1 ‘‘(2) Paragraph (1) applies in the case of a member

2 of a reserve component who is on active duty under a call

3 or order to active duty for 180 days or more for activities

4 under paragraph (b) above.’’.

5 SEC. 322. AUTHORITY FOR DEPARTMENT OF DEFENSE

6 FUNDING FOR NATIONAL GUARD PARTICIPA7 TION IN JOINT EXERCISES WITH ARMY AND

8 AIR FORCE FOR DISASTER AND EMERGENCY

9 ASSISTANCE.

10 Section 503(a) of title 32, United States Code, is

11 amended by adding at the end the following new sentence:

12 ‘‘Such field exercises in conjunction with the Army or Air

13 Force, or both, may include joint exercises for instruction

14 to prepare the National Guard for response to civil emer15 gencies and disasters.’’.

16 Subtitle C—Other Matters

17 SEC. 331. AVIATION AND VESSEL WAR RISK INSURANCE.

18 (a) FINDINGS.—The Congress finds the following:

19 (1) The augmentation of the Defense Transpor20 tation System, with privately owned commercial air21 craft and vessels, is essential for the rapid mobiliza22 tion of United States forces to meet contingencies

23 occurring anywhere in the world.

24 (2) The inability of the owners of privately

25 owned aircraft and vessels to obtain commercial in-
22

S 727 IS

1 surance on reasonable terms and conditions is a sig2 nificant impediment to the utilization of commercial

3 aircraft and vessels during such contingencies. This

4 was recognized with the creation of government in5 surance funds pursuant to chapter 443 of title 49 of

6 the United States Code, and title XII of the Mer7 chant Marine Act, 1936.

8 (3) The costs associated with the loss of a new

9 aircraft or vessel and potential liabilities to third

10 parties have exceeded the amounts available in the

11 insurance funds and threaten to jeopardize what

12 heretofore have been extremely cost effective pro13 grams of the Department of Transportation for the

14 Department of Defense. Financial constraints may

15 force some commercial transportation carriers to

16 forego participation, especially in aviation programs,

17 unless commercial insurance practices regarding

18 timeliness of payment can be met.

19 (4) Through an agreement authorized by the

20 above statutes, the Department of Defense has

21 agreed to indemnify the Department of Transpor22 tation for losses incurred on contractor missions.

23 (b) PURPOSES.—The purposes of this Act are as fol24 lows:
23

S 727 IS

1 (1) To provide means for timely payment of

2 claims by the Department of Transportation and

3 timely reimbursement of the Aviation Insurance

4 Fund and the Marine Insurance Fund by the De5 partment of Defense to cover losses that may be in6 curred by commercial carriers supporting the na7 tional interests contemplated by chapter 443 of title

8 49, United States Code, and by title XII of the Mer9 chant Marine Act, 1936.

10 (2) To establish a mechanism for congressional

11 monitoring of the claims program, should the need

12 arise for direct involvement by Congress.

13 (c) AVIATION WAR RISK INSURANCE—REPAYMENT

14 FOR LOSSES TO THE TRANSPORTATION INSURANCE

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

16 is amended by adding at the end the following new sub17 section:

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

19 transfer, from any funds available to the Department of

20 Defense regardless of the purpose of the funds to be trans21 ferred, such sums as may be necessary to reimburse the

22 Administrator of the Federal Aviation Administration

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

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

25 losses or damage caused by or associated therewith, which
24

S 727 IS

1 have been insured at the request of the Secretary of De2 fense. Such transfer authority shall be in addition to any

3 other statutory transfer authority and shall be made with4 out regard to any dollar limitations contained therein.

5 Such transfers will be merged with the amounts in the

6 Aviation Insurance Fund.

7 ‘‘(2) The Secretary of Defense shall promptly reim8 burse the Aviation Insurance Fund. Such reimbursement

9 to the Aviation Insurance Fund shall not be subject to

10 the notification or delay requirements contained in other

11 statutes and shall be made not later than 30 days follow12 ing the presentment to the Administrator of the Federal

13 Aviation Administration of a claim for the loss or damage

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

15 claims as determined by the Administrator of the Federal

16 Aviation Administration. Consolidation of claims is not re17 quired.

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

19 of the Federal Aviation Administration shall notify Con20 gress as soon after the occurrence of loss as possible, and

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

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

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

24 therewith, for amounts in excess of one million dollars, in25 sured by the Aviation Insurance Fund pursuant to an in-
25

S 727 IS

1 demnifying agreement between the Secretary of Defense

2 and the Secretary of Transportation. Updates as to the

3 total amounts expended to cover such losses, pending liti4 gation, and estimated total cost to the government shall

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

6 (d) VESSEL WAR RISK INSURANCE—REPAYMENT

7 FOR LOSSES TO THE TRANSPORTATION INSURANCE

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

9 1936, (46 App. U.S.C. 1285) is amended by adding at

10 the end the following new subsection:

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

12 transfer, from any funds available to the Department of

13 Defense regardless of the purpose of the funds to be trans14 ferred, such sums as are necessary to reimburse the Sec15 retary of Transportation under the provisions of this title

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

17 of personnel, and losses or damages caused by or associ18 ated therewith, which have been insured at the request of

19 the Secretary of Defense. Such transfer authority shall be

20 in addition to any other statutory transfer authority and

21 shall be made without regard to any dollar limitations con22 tained therein. Such transfers will be merged with the

23 amounts in the insurance fund created pursuant to section

24 1208 of this title.
26

S 727 IS

1 ‘‘(2) The Secretary of Defense shall promptly reim2 burse the insurance fund created pursuant to section 1208

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

4 the notification or delay requirements contained in other

5 statutes and shall be made not later than 90 days follow6 ing the adjudication or settlement by the Secretary of

7 Transportation of a claim for the loss or damage to a ves8 sel, or the death or injury of personnel, or loss or damage

9 associated therewith. Consolidation of claims is not re10 quired.

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

12 Transportation shall provide Congress on a periodic basis

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

14 dollars which are insured by the Marine Insurance Fund

15 pursuant to an indemnifying agreement between the Sec16 retary of Defense and the Secretary of Transportation.

17 Updates as to the total amounts expended to cover such

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

19 government shall be submitted every 6 months until con20 cluded.’’.

21 SEC. 332. TESTING OF THEATER MISSILE DEFENSE INTER22 CEPTORS.

23 Section 237(a) of the National Defense Authorization

24 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

25 1600) is amended to read as follows:
27

S 727 IS

1 ‘‘(a) TESTING OF THEATER MISSILE DEFENSE

2 INTERCEPTORS.—The Secretary of Defense may not ap3 prove a theater missile defense interceptor program pro4 ceeding beyond the Low-Rate Initial Production until the

5 Secretary certifies to the congressional defense committees

6 successful completion of Initial Operational Test and Eval7 uation (IOT&E) in which sufficient flight tests, involving

8 multiple interceptors and multiple targets in the presence

9 of realistic countermeasures, have been conducted, the re10 sults of which demonstrate the achievement by the inter11 ceptors of the weapons systems performance thresholds

12 specified in the system baseline document established pur13 suant to section 2435(a)(1)(A) of title 10, United States

14 Code, before the program entered engineering and manu15 facturing systems development. Modeling and simulation

16 validation by ground and flight testing may be used to

17 augment live fire testing to demonstrate weapons system

18 performance goals.’’.

19 SEC. 333. AUTHORITY TO ASSIGN OVERSEAS SCHOOL PER20 SONNEL TO DOMESTIC SCHOOLS AND VICE

21 VERSA.

22 Section 2164(e) of title 10, United States Code, is

23 amended by adding at the end the following new para24 graph:
28

S 727 IS

1 ‘‘(4) The Secretary may assign, either on a

2 temporary or continuing basis, personnel of the edu3 cation system established under the Defense De4 pendents’ Education Act of 1978 to provide adminis5 trative, logistical, personnel, and other support serv6 ices to the school system established under this sec7 tion and personnel of the school system established

8 under this section to provide such services for the

9 education system established by the Defense De10 pendents’ Education Act of 1978. Such assignments

11 may be without reimbursement by the one edu12 cational system to the other and may extend for

13 such periods and under such circumstances as the

14 Secretary deems necessary and appropriate.’’.

15 SEC. 334. AUTHORIZATION FOR EXPENDITURE OF O&M AND

16 PROCUREMENT FUNDS FOR THE ACCELER17 ATED ARCHITECTURE ACQUISITION INITIA18 TIVE.

19 (a) IN GENERAL.—Chapter 141 of title 10, United

20 States Code, is amended by adding after section 2395 the

21 following new section:
29

S 727 IS

1 ‘‘§ 2395a. Authorization for expenditure of certain

2 funds for the Accelerated Architecture

3 Acquisition Initiative

4 ‘‘Funds appropriated to the Central Imagery Office

5 may be used for the design, development, and deployment

6 of the Accelerated Architecture Acquisition Initiative pro7 gram imagery systems for the military departments, the

8 Unified Commands, their components, Joint Task Forces,

9 tactical units, and federal agencies.’’.

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

11 at the beginning of chapter 141 of title 10, United States

12 Code, is amended by adding after the item relating to sec13 tion 2395 the following new item:

‘‘2395a. Authorization for expenditure of certain funds for the Accelerated Architecture Acquisition Initiative.’’.

14 SEC. 335. ESTABLISHMENT OF A DEPARTMENT OF DE15 FENSE LABORATORY REVITALIZATION DEM16 ONSTRATION PROGRAM.

17 (a) PROGRAM REQUIRED.—The Secretary of Defense

18 shall carry out a Department of Defense Laboratory Revi19 talization Demonstration Program. Under the program

20 the Secretary may carry out minor military construction

21 projects in accordance with subsection (b) and other appli22 cable law to improve Department of Defense laboratories

23 covered by the program.
30

S 727 IS

1 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

2 MINOR CONSTRUCTION PROJECTS.—For purpose of any

3 military construction project carried out under the pro4 gram—

5 (1) the amount provided in subsection (a)(1) of

6 section 2805 of title 10, United States Code, shall

7 be deemed to be $3,000,000;

8 (2) the amount provided in subsection (b)(1) of

9 such section shall be deemed to be $1,500,000; and

10 (3) the amount provided in subsection (c)(1) of

11 such section shall be deemed to be $1,000,000.

12 (c) DESIGNATION OF COVERED LABORATORIES.—

13 Not later than 30 days before commencing the program,

14 the Secretary shall designate the Department of Defense

15 laboratories that are to be covered by the program and

16 notify Congress of the laboratories so designated. Only the

17 designated laboratories may be covered by the program.

18 (d) REPORT.—Not later than September 30, 1999,

19 the Secretary shall submit to Congress a report on the

20 program. The report shall include the Secretary’s conclu21 sions and recommendations regarding the desirability and

22 feasibility of extending the authority set forth in sub23 section (b) to cover all Department of Defense labora24 tories.
31

S 727 IS

1 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec2 tion may be construed to limit any other authority pro3 vided by law for any military construction project at a De4 partment of Defense laboratory covered by the program.

5 (f) DEFINITIONS.—In this section:

6 (1) The term ‘‘laboratory’’ includes—

7 (A) a research, engineering, and develop8 ment center;

9 (B) a test and evaluation activity owned,

10 funded, and operated by the Federal Govern11 ment through the Department of Defense; and

12 (C) a supporting facility of a laboratory.

13 (2) The term ‘‘supporting facility’’, with respect

14 to a laboratory, means any building or structure

15 that is used in support of research, development,

16 test, and evaluation at a laboratory.

17 (3) The term ‘‘Department of Defense labora18 tory’’ does not include a contractor owned labora19 tory.

20 (g) EXPIRATION OF AUTHORITY.—The Secretary

21 may not carry out the program after September 30, 2000.
32

S 727 IS

1 TITLE IV—MILITARY

2 PERSONNEL AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 (a) FISCAL YEAR 1996.—The Armed Forces are au6 thorized strengths for active duty personnel as of Septem7 ber 30, 1996, as follows:

8 (1) The Army, 495,000.

9 (2) The Navy, 428,000.

10 (3) The Marine Corps, 174,000.

11 (4) The Air Force, 388,200.

12 (b) FISCAL YEAR 1997.—The Armed Forces are au13 thorized strengths for active duty personnel as of Septem14 ber 30, 1997, as follows:

15 (1) The Army, 495,000.

16 (2) The Navy, 409,400.

17 (3) The Marine Corps, 174,000.

18 (4) The Air Force, 385,400.

19 Subtitle B—Reserve Forces

20 SEC. 411. END STRENGTHENS FOR SELECTED RESERVE.

21 (a) FISCAL YEAR 1996.—The Armed Forces are au22 thorized strengths for Selected Reserve personnel of the

23 reserve components as of September 30, 1996, as follows:

24 (1) The Army National Guard of the United

25 States, 373,000.
33

S 727 IS

1 (2) The Army Reserve, 230,000.

2 (3) The Naval Reserve, 98,608.

3 (4) The Marine Corps Reserve, 42,000.

4 (5) The Air National Guard of the United

5 States, 109,458.

6 (6) The Air Force Reserve, 73,969.

7 (7) The Coast Guard Reserve, 8,000.

8 (b) FISCAL YEAR 1997.—The Armed Forces are au9 thorized strengths for Selected Reserve personnel of the

10 reserve components as of September 30, 1997, as follows:

11 (1) The Army National Guard of the United

12 States, 367,000.

13 (2) The Army Reserve, 215,000.

14 (3) The Naval Reserve, 96,402.

15 (4) The Marine Corps Reserve, 42,000.

16 (5) The Air National Guard of the United

17 States, 107,151.

18 (6) The Air Force Reserve, 73,160.

19 (7) The Coast Guard Reserve, 8,000.

20 (c) WAIVER AUTHORITY.—The Secretary of Defense

21 may vary the end strength authorized by subsection (a)

22 or subsection (b) by not more than 2 percent.

23 (d) ADJUSTMENTS.—The end strengths prescribed by

24 subsection (a) or (b) for the Selected Reserve of any re25 serve component shall be proportionately reduced by—
34

S 727 IS

1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of

3 such component which are on active duty (other

4 than for training) at the end of the fiscal year, and

5 (2) the total number of individual members not

6 in units organized to serve as units of the Selected

7 Reserve of such component who are on active duty

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end

10 of the fiscal year.

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year the end

13 strength prescribed for such fiscal year for the Selected

14 Reserve of such reserve component shall be proportion15 ately increased by the total authorized strengths of such

16 units and by the total number of such individual members.

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

18 DUTY IN SUPPORT OF THE RESERVES.

19 (a) FISCAL YEAR 1996.—Within the end strengths

20 prescribed in section 402(a), the reserve components of

21 the Armed Forces are authorized, as of September 30,

22 1996, the following number of Reserves to be serving on

23 full-time active duty or full-time duty, in the case of mem24 bers of the National Guard, for the purpose of organizing,
35

S 727 IS

1 administering, recruiting, instructing, or training the re2 serve components:

3 (1) The Army National Guard of the United

4 States, 23,390.

5 (2) The Army Reserve, 11,575.

6 (3) The Naval Reserve, 17,490.

7 (4) The Marine Corps Reserve, 2,285.

8 (5) The Air National Guard of the United

9 States, 9,817.

10 (6) The Air Force Reserve, 628.

11 (b) FISCAL YEAR 1997.—Within the end strengths

12 prescribed in section 402(b), the reserve components of

13 the Armed Forces are authorized, as of September 30,

14 1997, the following number of Reserves to be serving on

15 full-time active duty or full-time duty, in the case of mem16 bers of the National Guard, for the purpose of organizing,

17 administering, recruiting, instructing, or training the re18 serve components:

19 (1) The Army National Guard of the United

20 States, 23,040.

21 (2) The Army Reserve, 11,550.

22 (3) The Naval Reserve, 17,074.

23 (4) The Marine Corps Reserve, 2,285.

24 (5) The Air National Guard of the United

25 States, 9,824.
36

S 727 IS

1 (6) The Air Force Reserve, 625.

2 Subtitle C—Military Training

3 Student Loads

4 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

5 (a) FISCAL YEAR 1996.—For fiscal year 1996, the

6 components of the Armed Forces are authorized average

7 military training loads as follows:

8 (1) The Army, 75,013.

9 (2) The Navy, 44,238.

10 (3) The Marine Corps, 26,095.

11 (4) The Air Force, 33,232.

12 (b) FISCAL YEAR 1997.—For fiscal year 1997, the

13 components of the Armed Forces are authorized average

14 military training loads as follows:

15 (1) The Army, 79,275.

16 (2) The Navy, 44,121.

17 (3) The Marine Corps, 27,255.

18 (4) The Air Force, 35,522.

19 (c) SCOPE.—The average military training student

20 loads authorized for an armed force under subsections (a)

21 and (b) apply to the active and reserve components of that

22 armed force.

23 (d) ADJUSTMENTS.—The average military student

24 loads authorized in subsections (a) and (b) shall be ad25 justed consistent with the end strengths authorized in
37

S 727 IS

1 parts A and B. The Secretary of Defense shall prescribe

2 the manner in which such adjustments shall be appor3 tioned.

4 TITLE V—MILITARY PERSONNEL

5 POLICY

6 Subtitle A—Officer Personnel

7 Policy

8 SEC. 501. EQUALIZATION OF ACCRUAL OF SERVICE CREDIT

9 FOR OFFICERS AND ENLISTED MEMBERS OF

10 THE ARMED FORCES.

11 (a) ENLISTED SERVICE CREDIT.—Section 972 of

12 title 10, United States Code, is amended to read as fol13 lows:

14 ‘‘§ 972. Enlisted members: required to make up time

15 lost

16 ‘‘An enlisted member of an armed force who—

17 ‘‘(1) deserts;

18 ‘‘(2) is absent from his organization, station, or

19 duty for more than one day without proper author20 ity, as determined by competent authority;

21 ‘‘(3) is confined by military or civilian authori22 ties for more than one day before, during or after

23 trial; or

24 ‘‘(4) is unable for more than one day, as deter25 mined by competent authority, to perform his duties
38

S 727 IS

1 because of intemperate use of drugs or alcoholic liq2 uor, or because of disease or injury resulting from

3 his misconduct;

4 is required, after his return to full duty, to serve for a

5 period that, when added to the period that he served be6 fore his absence from duty, amounts to the term for which

7 he was enlisted or inducted.’’.

8 (b) OFFICER SERVICE CREDIT.—Chapter 49 of title

9 10, United States Code, is amended by inserting after sec10 tion 972 the following new section:

11 ‘‘§ 972a. Officers: service credit

12 ‘‘(a) In the case of an officer of an armed force who—

13 ‘‘(1) deserts;

14 ‘‘(2) is absent from his organization, station, or

15 duty for more than one day without proper author16 ity, as determined by competent authority;

17 ‘‘(3) is confined by military or civilian authori18 ties for more than one day before, during or after

19 trial; or

20 ‘‘(4) is unable for more than one day, as deter21 mined by competent authority, to perform his duties

22 because of intemperate use of drugs or alcoholic liq23 uor, or because of disease or injury resulting from

24 his misconduct;
39

S 727 IS

1 the period of such desertion, absence, confinement, or in2 ability to perform duties may not be counted in computing,

3 for any purpose other than basic pay under section 205

4 of title 37, the officer’s length of service.’’.

5 (c) ARMY COMPUTATION OF YEARS OF SERVICE.—

6 Section 3926 of title 10, United States Code, is amended

7 by adding at the end the following new subsection:

8 ‘‘(e) Time identified in section 972a of this title may

9 not be counted in computing years of service under this

10 section.’’.

11 (d) NAVY COMPUTATION OF YEARS OF SERVICE.—

12 Chapter 571 of title 10, United States Code, is amended

13 by inserting after section 6327 the following new section:

14 ‘‘§ 6328. Computation of years of service: voluntary

15 retirement

16 ‘‘(a) ENLISTED MEMBERS.—Time required to be

17 made up under section 972 of this title may not be count18 ed in computing years of service under this chapter.

19 ‘‘(b) OFFICERS.—Time identified in section 972a of

20 this title may not be counted in computing years of service

21 under this chapter.’’.

22 (e) AIR FORCE COMPUTATION OF YEARS OF SERV23 ICE.—Section 8926 of title 10, United States Code, is

24 amended by adding at the end the following new sub25 section:
40

S 727 IS

1 ‘‘(d) Time identified in section 972a of this title may

2 not be counted in computing years of service under this

3 section.’’.

4 (f) CLERICAL AMENDMENTS.—(1) The table of sec5 tions at the beginning of chapter 49 of title 10, United

6 States Code, is amended by inserting after the item relat7 ing to section 972 the following new item:

‘‘972a. Officers: service credit.’’.

8 (2) The table of sections at the beginning of chapter

9 571 of title 10, United States Code, is amended by insert10 ing after the item relating to section 6327 the following

11 new item:

‘‘6328. Computation of years of service: voluntary retirement.’’.

12 (g) EFFECTIVE DATE AND APPLICABILITY.—The

13 amendments made by this section shall take effect on Oc14 tober 1, 1995, and shall apply to time identified in sections

15 972 or 972a of title 10, United States Code, that occurs

16 after such effective date.

17 SEC. 502. CHANGES IN GENERAL OFFICER BILLET TITLES

18 RESULTING FROM THE REORGANIZATION OF

19 HEADQUARTERS, MARINE CORPS.

20 (a) HEADQUARTERS, MARINE CORPS: FUNCTION;

21 COMPOSITION.—Section 5041(b) of title 10, United States

22 Code, is amended to read as follows:

23 ‘‘(b) The Headquarters, Marine Corps, is composed

24 of the following:
41

S 727 IS

1 ‘‘(1) The Commandant of the Marine Corps.

2 ‘‘(2) The Vice Commandant of the Marine

3 Corps.

4 ‘‘(3) Director of the Marine Corps Staff.

5 ‘‘(4) Deputy Commandants of the Marine

6 Corps.

7 ‘‘(5) Assistant Commandants of the Marine

8 Corps.

9 ‘‘(6) Other members of the Navy and Marine

10 Corps assigned or detailed to the Headquarters, Ma11 rine Corps.

12 ‘‘(7) Civilian employees in the Department of

13 the Navy assigned or detailed to the Headquarters,

14 Marine Corps.’’.

15 (b) VICE COMMANDANT OF THE MARINE CORPS.—

16 Section 5044 is amended—

17 (1) by amending the heading to read as follows:

18 ‘‘§ 5044. Vice Commandant of the Marine Corps’’;

19 (2) by striking out ‘‘Assistant Commandant’’ in

20 each place it appears and inserting in lieu thereof

21 ‘‘Vice Commandant’’ in each instance.

22 (c) DIRECTOR OF THE MARINE CORPS STAFF; DEP23 UTY AND ASSISTANT COMMANDANTS OF THE MARINE

24 CORPS.—Section 5045 of title 10, United States Code,

25 and its heading are amended to read as follows:
42

S 727 IS

1 ‘‘§ 5045. Director of the Marine Corps Staff; Deputy

2 and Assistant Commandants of the Ma3 rine Corps.’’;

4 ‘‘There are in the Headquarters, Marine Corps, a Di5 rector of the Marine Corps Staff, not more than five Dep6 uty Commandants of the Marine Corps, and not more

7 than three Assistant Commandants of the Marine Corps,

8 detailed by the Secretary of the Navy from officers of the

9 active-duty list of the Marine Corps.’’.

10 (d) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 506 of title 10, United States

12 Code, is amended by striking out the items relating to sec13 tions 5044 and 5045 and inserting in lieu thereof the fol14 lowing new items:

‘‘5044. Vice Commandant of the Marine Corps.

‘‘5045. Director of the Marine Corps Staff; Deputy and Assistant Commandants

of the Marine Corps.’’.

15 SEC. 503. INCREASE IN THE TRANSITION PERIOD FOR OFFI16 CERS SELECTED FOR EARLY RETIREMENT.

17 (a) SELECTIVE RETIREMENT OF WARRANT OFFI18 CERS.—Section 581 of title 10, United States Code, is

19 amended—

20 (1) in subsection (b), by striking out ‘‘seventh’’

21 and inserting in lieu thereof ‘‘tenth’’; and

22 (2) by adding at the end the following new sub23 section:
43

S 727 IS

1 ‘‘(e) The Secretary concerned may defer the retire2 ment of an officer otherwise approved for early retirement

3 under this section for not more than 90 days in order to

4 prevent a personal hardship for the officer or for other

5 humanitarian reasons.’’.

6 (b) SELECTIVE EARLY RETIREMENT OF ACTIVE7 DUTY OFFICERS.—Section 638(b) of title 10, United

8 States Code, is amended—

9 (1) in paragraph (1)(A), by striking out ‘‘sev10 enth’’ and inserting in lieu thereof ‘‘tenth’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(3) The Secretary concerned may defer the re14 tirement of an officer otherwise approved for early

15 retirement under this section or section 638a of this

16 title for not more than 90 days, in order to prevent

17 a personal hardship for the officer or for other hu18 manitarian reasons.’’.

19 (c) PERSONNEL STRENGTHS: REQUIREMENT FOR

20 ANNUAL AUTHORIZATION.—Section 115(d) of title 10,

21 United States Code, is amended by adding at the end the

22 following new paragraph:

23 ‘‘(8) Members selected for early retirement

24 under section 581 or section 638 of this title whose
44

S 727 IS

1 retirement has been deferred under section 581(e) or

2 section 638(b)(3) of this title.’’.

3 SEC. 504. REVISION IN THE AUTHORIZED STRENGTH LIMI4 TATIONS FOR AIR FORCE COMMISSIONED OF5 FICERS ON ACTIVE DUTY IN THE GRADE OF

6 MAJOR.

7 (a) REVISION IN THE AUTHORIZED STRENGTH LIMI8 TATIONS.—Notwithstanding section 523(a)(1) of title 10,

9 United States Code, and except as provided in section

10 523(c) of title 10, United States Code, of the total number

11 of commissioned officers serving on active duty in the Air

12 Force at the end of any fiscal year up to and including

13 fiscal year 1997 (excluding officers in categories specified

14 in section 523(b) of title 10, United States Code), the

15 number of officers who may be serving on active duty in

16 each of the grades of major, lieutenant colonel and colonel

17 may not, as of the end of such fiscal year, exceed a number

18 determined in accordance with the following table:

Total number of commissioned officers (excluding officers in categories specified in section 523(b)

of title 10, United States Code) on

active duty:

Number of officers who may be serving

on active duty in grade of:

Major Lieutenant

Colonel Colonel

Air Force:

70,000 ................................... 14,612 9,428 3,392

75,000 ................................... 15,407 9,801 3,573

80,000 ................................... 16,202 10,175 3,754

85,000 ................................... 16,997 10,549 3,935

90,000 ................................... 17,792 10,923 4,115

95,000 ................................... 18,587 11,297 4,296

100,000 ................................... 19,382 11,671 4,477

105,000 ................................... 20,177 12,045 4,658
45

S 727 IS

Total number of commissioned officers (excluding officers in categories specified in section 523(b)

of title 10, United States Code) on

active duty:

Number of officers who may be serving

on active duty in grade of:

Major Lieutenant

Colonel Colonel

110,000 ................................... 20,971 12,418 4,838

115,000 ................................... 21,766 12,792 5,019

120,000 ................................... 22,561 13,165 5,200

125,000 ................................... 23,356 13,539 5,381

1 (b) EXPIRATION OF AUTHORITY.—The revision in

2 the authorized strength limitations under subsection (a)

3 expires at the close of September 30, 1997.

4 SEC. 505. REVISION IN THE AUTHORIZED STRENGTH LIMI5 TATIONS FOR NAVY COMMISSIONED OFFI6 CERS ON ACTIVE DUTY IN GRADES OF LIEU7 TENANT COMMANDER, COMMANDER, AND

8 CAPTAIN.

9 (a) REVISION IN THE AUTHORIZED STRENGTH LIMI10 TATIONS.—Notwithstanding section 523(a)(2) of title 10,

11 United States Code, and except as provided in section

12 523(c) of title 10, United States Code, of the total number

13 of commissioned officers serving on active duty in the

14 Navy at the end of any fiscal year up to and including

15 fiscal year 1997 (excluding officers in categories specified

16 in section 523(b) of title 10, United States Code), the

17 number of officers who may be serving on active duty in

18 each of the grades of lieutenant commander, commander,

19 and captain may not, as of the end of such fiscal year,
46

S 727 IS

1 exceed a number determined in accordance with the fol2 lowing table:

Total number of commissioned officers (excluding officers in categories specified in section 523(b)

of title 10, United States Code) on

active duty:

Number of officers who may be serving

on active duty in grade of:

Lieutenant

Commander Commander Captain

Navy:

45,000 ..................................... 10,034 6,498 2,801

48,000 ..................................... 10,475 6,706 2,902

51,000 ..................................... 10,916 6,912 3,002

54,000 ..................................... 11,357 7,120 3,103

57,000 ..................................... 11,798 7,328 3,204

60,000 ..................................... 12,239 7,535 3,304

63,000 ..................................... 12,680 7,742 3,406

66,000 ..................................... 13,121 7,949 3,506

70,000 ..................................... 13,709 3,226 3,641

90,000 ..................................... 16,649 9,608 4,013

3 (b) EXPIRATION OF AUTHORITY.—The revision in

4 the authorized strength limitations under subsections (a)

5 expires at the close of September 30, 1997.

6 SEC. 506. AUTHORIZATION OF GENERAL OR FLAG OFFICER

7 PROMOTION ZONES.

8 Section 645 of title 10, United States Code, is

9 amended—

10 (1) by amending paragraph (1) to read as fol11 lows:

12 ‘‘(1) The term ‘promotion zone’ means a pro13 motion eligible category consisting of the officers on

14 an active-duty list in the same grade and competitive

15 category who—
47

S 727 IS

1 ‘‘(A) are senior to the officer designated by

2 the Secretary of the military department con3 cerned to be the junior officer in the promotion

4 zone eligible for consideration for promotion to

5 the next higher grade together with the junior

6 officer so designated; and

7 ‘‘(B) in the case of officers in grades below

8 colonel, for officers of the Army, Air Force, and

9 Marine Corps, or captain, for officers of the

10 Navy, neither—

11 ‘‘(i) have failed of selection for pro12 motion to the next higher grade; nor

13 ‘‘(ii) have been removed from a list of

14 officers recommended for promotion to

15 that grade (other than after having been

16 placed on that list after a selection from

17 below the promotion zone).’’; and

18 (2) in paragraph (2), by inserting ‘‘below the

19 grade of colonel for officers of the Army, Air Force,

20 and Marine Corps, or captain for officers of the

21 Navy,’’ after ‘‘a group of officers’’.
48

S 727 IS

1 Subtitle B—Reserve Component

2 Matters

3 SEC. 511. REPEAL OF REQUIREMENT FOR PHYSICAL EXAM4 INATION ON CALLING MILITIA INTO FEDERAL

5 SERVICE.

6 (a) REPEAL OF REQUIREMENT.—Section 12408 of

7 title 10, United States Code, is repealed.

8 (b) CLERICAL AMENDMENT.—the table of sections at

9 the beginning of chapter 1209 is amended by striking out

10 the item relating to section 12408.

11 SEC. 512. MILITARY LEAVE FOR PUBLIC SAFETY DUTY PER12 FORMED BY MEMBERS OF THE RESERVE

13 COMPONENTS OF THE ARMED FORCES.

14 (a) REQUEST BY EMPLOYEE FOR MILITARY

15 LEAVE.—Section 6323(b) of title 5, United States Code,

16 is amended—

17 (1) by inserting ‘‘at the employee’s request’’

18 after the word ‘‘entitled’’ in the first instance in

19 which it appears; and

20 (2) by adding at the end the following new sen21 tence: ‘‘an employee who requests annual leave or

22 compensatory time to which the employee is other23 wise entitled, for a period during which the employee

24 would have been entitled upon request to leave under

25 this subsection, may be granted such annual leave or
49

S 727 IS

1 compensatory time with our regard to this section or

2 section 5519 of this title.’’.

3 (b) CONFORMING AMENDMENT.—Section 5519 of

4 title 5, United States Code, is amended by inserting ‘‘and

5 requests’’ after ‘‘entitled to’’.

6 SEC. 513. AUTHORITY TO PRESCRIBE THE DURATION OF

7 FIELD TRAINING OR PRACTICE CRUISE RE8 QUIRED FOR ADMISSION TO THE RESERVE

9 OFFICERS’ TRAINING CORPS ADVANCED

10 COURSE.

11 Section 2104(b)(6)(A)(ii) of title 10, United States

12 Code, is amended by striking out ‘‘not less than six

13 weeks’ ’’ and inserting in lieu thereof ‘‘a’’.

14 SEC. 514. CLARIFYING USE OF MILITARY MORALE, WEL15 FARE, AND RECREATION FACILITIES BY RE16 TIRED RESERVISTS.

17 Section 1065(a) of title 10, United States Code, is

18 amended by striking out the last sentence and inserting

19 in lieu thereof the following new sentences: ‘‘Such use by

20 members of the Selected Reserve, and the dependents of

21 such members, shall be permitted on the same basis as

22 members on active duty. Such use by members who would

23 be eligible for retired pay under chapter 67 of this title

24 but for the fact that the members are under 60 years of

25 age, and the dependents of such members, shall be per-
50

S 727 IS

1 mitted on the same basis as retirees from active duty mili2 tary service.’’.

3 SEC. 515. OBJECTIVE TO INCREASE PERCENTAGE OF

4 PRIOR ACTIVE DUTY PERSONNEL IN THE SE5 LECTED RESERVE.

6 Section 1111(a) of the National Defense Authoriza7 tion Act for Fiscal Year 1993 (10 U.S.C. 3077 note) is

8 amended to read as follows:

9 ‘‘(a) OBJECTIVE TO INCREASE PERCENTAGE.—The

10 Secretary of the Army shall have an objective of increasing

11 the percentage of qualified prior active duty personnel in

12 the Selected Reserve.’’.

13 SEC. 516. WEAR OF MILITARY UNIFORM BY NATIONAL

14 GUARD TECHNICIANS.

15 (a) TECHNICIANS: EMPLOYMENT, USE, STATUS.—

16 Section 7–9(b) of title 32, United States Code, is amended

17 to read as follows:

18 ‘‘(b) Except as prescribed by the Secretary concerned,

19 a technician employed under subsection (a) shall, while so

20 employed, be a member of the National Guard, hold the

21 military grade specified by the Secretary concerned for

22 that position, and wear the military uniform appropriate

23 for the member’s grade and component of the armed

24 forces while performing duties as a technician.’’.
51

S 727 IS

1 (b) UNIFORM ALLOWANCE: OFFICERS; GENERAL

2 PROVISIONS.—Section 417 of title 37, United States

3 Code, is amended by inserting at the end the following

4 new subsection:

5 ‘‘(d) Service as a National Guard technician by a per6 son who is an officer and is required to wear a military

7 uniform pursuant to section 709(b) of title 32 shall be

8 considered active duty (other than for training) for pur9 poses of sections 415 and 416 of this title. Section 1593

10 of title 10, United States Code, and section 5901 of title

11 5, United States Code, shall not apply to a National

12 Guard technician who receives a uniform allowance under

13 this chapter.’’.

14 (c) CLOTHING ALLOWANCE: ENLISTED MEMBERS.—

15 Section 418 of title 37, United States Code, is amended

16 by inserting at the end the following new sentences: ‘‘In

17 determining the quantity and kind of clothing and allow18 ances to be furnished under this section to a member who

19 is a National Guard technician, the President shall take

20 into account the requirement that such person wear a mili21 tary uniform pursuant to section 709(b) of title 32. Sec22 tion 1593 of title 10, United States Code, and section

23 5901 of title 5, United States Code, shall not apply to

24 a National Guard technician furnished clothing or allow25 ances under this section.’’.
52

S 727 IS

1 SEC. 517. ACTIVE DUTY RETIREMENT SANCTUARY FOR RE2 SERVISTS.

3 Section 1163(d) of title 10, United States Code, is

4 amended—

5 (1) by designating the existing matter as para6 graph (1); and

7 (2) by adding at the end the following new

8 paragraph:

9 ‘‘(2) The regulations prescribed under para10 graph (1) may except from the prohibition on invol11 untary release in that paragraph members who serve

12 on active duty (other than for training) under sec13 tion 672(d) of this title under orders specifying a pe14 riod of less than 180 days provided that the member

15 is informed of and consents to such exception prior

16 to entry on active duty.’’.

17 SEC. 518. INVOLUNTARILY SEPARATED MILITARY RESERVE

18 TECHNICIANS.

19 Section 3329 of title 5, United States Code, is

20 amended—

21 (1) in subsection (b), by striking out ‘‘be of22 fered’’ and inserting in lieu thereof ‘‘be provided

23 placement consideration through the Department of

24 Defense Priority Placement Program’’;

25 (2) in subsection (c)(1), by striking out the

26 semicolon and inserting in lieu thereof ‘‘or in an ex-
53

S 727 IS

1 cepted service position that does not require military

2 membership;’’; and

3 (3) in subsection (c)(4), by striking out ‘‘is not

4 less than’’ and inserting in lieu thereof ‘‘preserves to

5 the maximum extent possible’’.

6 Subtitle C—Amendments to the

7 Uniform Code of Military Justice

8 SEC. 551. DEFINITIONS.

9 Section 801 (article 1) of title 10, United States

10 Code, is amended by inserting after paragraph (14) the

11 following new paragraphs:

12 ‘‘(15) The term ‘classified information’ means

13 any information or material that has been deter14 mined by the United States Government pursuant to

15 an Executive order, statute, or regulation, to require

16 protection against unauthorized disclosure for rea17 sons of national security, and any restricted data, as

18 defined in section 2014(y) of title 42, United States

19 Code.

20 ‘‘(16) The term ‘national security’ means the

21 national defense and foreign relations of the United

22 States.

23 ‘‘(17) The term ‘armed conflict’ means oper24 ations in which members of the United States armed

25 forces are involved as combatants in military actions,
54

S 727 IS

1 operations, or hostilities against an enemy of the

2 United States or against an organized opposing for3 eign armed force regardless of whether or not a war

4 or national emergency has been declared by the

5 President of the United States or the Congress of

6 the United States.’’.

7 SEC. 552. JURISDICTION OVER CIVILIANS ACCOMPANYING

8 THE FORCES IN THE FIELD IN TIME OF

9 ARMED CONFLICT.

10 Section 802(a)(10) (article 2(a)(10)) of title 10,

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

12 ‘‘(10) In time of armed conflict, persons serving

13 with or accompanying an armed force in the field.’’.

14 SEC. 553. INVESTIGATIONS.

15 Section 832 (article 32) of title 10, United States

16 Code, is amended—

17 (1) by redesignating subsection (d) as sub18 section (e); and

19 (2) by inserting after subsection (c) the follow20 ing new subsection:

21 ‘‘(d) If during an investigation under this article, the

22 evidence indicates that the accused may have committed

23 an uncharged offense or offenses, the investigating officer

24 is authorized to investigate the subject matter of such of25 fense or offenses before the accused has been charged with
55

S 727 IS

1 such offense or offenses. If the accused was present at

2 such investigation, was informed of the nature of the un3 charged offense or offenses, and was afforded the opportu4 nities for representation, cross-examination, and presen5 tation prescribed in subsection (b), no further investiga6 tion of such offense or offenses is necessary under this

7 article.’’.

8 SEC. 554. REFUSAL TO TESTIFY BEFORE COURT-MARTIAL.

9 Section 847(b) (article 47(b)) of title 10, United

10 States Code, is amended to read as follows:

11 ‘‘(b) Any person who commits an offense named in

12 subsection (a) shall be tried on indictment or information

13 in a United States district court or in a court of original

14 criminal jurisdiction in any of the Territories, Common15 wealths, or possessions of the United States, and jurisdic16 tion is conferred upon those courts for that purpose. Upon

17 conviction, such person shall be punished by fine or im18 prisonment, or both, at the court’s discretion.’’.

19 SEC. 555. RECORDS OF TRIAL.

20 Section 854(c)(1)(A) (article 54(c)(1)(A)) of title 10,

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

22 ‘‘(A) in each general court-martial case in

23 which the sentence adjudged includes death, dismis24 sal of a commissioned officer, cadet, or midshipman,
56

S 727 IS

1 dishonorable or bad-conduct discharge, or confine2 ment for one year or more; and’’.

3 SEC. 556. EFFECTIVE DATE OF PUNISHMENTS.

4 Section 857(a) (article 57(a)) of title 10, United

5 States Code, is amended to read as follows:

6 ‘‘(a) Unless otherwise directed by the convening au7 thority, forfeitures of pay, allowances, or both, and reduc8 tion in grade shall be effective on the date adjudged and,

9 in the case of forfeiture, may be collected from pay accru10 ing on and after that date. Periods during which a sen11 tence to forfeiture of pay, allowances, or both, is sus12 pended or deferred, shall be excluded in computing the du13 ration of forfeiture.’’.

14 SEC. 557. DEFERMENT OF CONFINEMENT.

15 (a) IN GENERAL.—Subchapter VIII of chapter 47 of

16 title 10, United States Code, is amended by inserting after

17 section 857 (article 57) the following new section (article):

18 ‘‘§ 857a. Art. 57a. Deferment of confinement

19 ‘‘(a) On application by an accused who is under sen20 tence to confinement that has not been ordered executed,

21 the convening authority or, if the accused is no longer

22 under his jurisdiction, the officer exercising general court23 martial jurisdiction over the command to which the ac24 cused is currently assigned, may in his sole discretion

25 defer service of the sentence to confinement. The
57

S 727 IS

1 deferment shall terminate when the sentence is ordered

2 executed. The deferment may be rescinded at any time by

3 the officer who granted it or, if the accused is no longer

4 under his jurisdiction, by the officer exercising general

5 court-martial jurisdiction over the command to which the

6 accused is assigned.

7 ‘‘(b) The Secretary concerned, and, when designated

8 by him, any Under Secretary, Assistant Secretary, Judge

9 Advocate General, or any commanding officer may, during

10 the pendency of a review of the accused’s court-martial

11 conducted pursuant to section 867(a)(2) of this title (arti12 cle 67(a)(2)), defer further service of a sentence to con13 finement which has been ordered executed.

14 ‘‘(c) When an accused in the custody of a state or

15 foreign country is returned temporarily to military au16 thorities for trial and later returned to the sending state

17 or country under the authority of a mutual agreement or

18 treaty, the convening authority may defer service of the

19 sentence to confinement without the consent of the ac20 cused. The deferment will terminate when the accused is

21 released permanently to military authorities by the state

22 or country in whose custody the accused is being held.

23 ‘‘(d) The President shall prescribe such regulations

24 as are necessary to provide for granting, with or without
58

S 727 IS

1 conditions, and rescinding deferments provided for under

2 this section.’’.

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

4 at the beginning of subchapter VIII of Chapter 47 of title

5 10, United States Code, is amended by inserting after the

6 item relating to section 857 (article 57) the following new

7 item:

‘‘857a. 57a. Deferment of confinement.’’.

8 (c) CONFORMING AMENDMENT.—Section 857 (article

9 57) of title 10, United States Code, is amended—

10 (1) by striking out subsection (d); and

11 (2) by redesignating subsection (e) as sub12 section (d).

13 SEC. 558. SUBMISSION OF MATTERS TO THE CONVENING

14 AUTHORITY FOR CONSIDERATION.

15 Section 860(b)(1) (article 60(b)(1)) of title 10,

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

17 ‘‘(b)(1) The accused may submit to the convening au18 thority written matters for consideration by the convening

19 authority with respect to the findings and sentence. Ex20 cept in a summary court-martial case, such a submission

21 shall be made within 10 days after the accused has been

22 given an authenticated record of trial and, if applicable,

23 the recommendation of the staff judge advocate or legal

24 officer under subsection (d). In a summary court-martial
59

S 727 IS

1 case, such submission shall be made within seven days

2 after the sentence is announced.’’.

3 SEC. 559. PROCEEDINGS IN REVISION.

4 Section 860 (article 60) of title 10, United States

5 Code, is amended—

6 (1) by redesignating subsection (e)(3) as sub7 section (e)(4); and

8 (2) by inserting after subsection (e)(2) the fol9 lowing new subsection:

10 ‘‘(e)(3) Notwithstanding any other provision in this

11 section, a proceeding in revision may be ordered, prior to

12 authentication of the record of trial by the military judge,

13 to correct an erroneously announced sentence.’’.

14 SEC. 560. POST-TRIAL REVIEW OF COURTS-MARTIAL.

15 (a) WAIVER OF WITHDRAWAL OF APPEAL.—Section

16 861(c) (article 61(c)) of title 10, United States Code, is

17 amended to read as follows:

18 ‘‘(c) A waiver of the right to appellate review or the

19 withdrawal of an appeal bars review under section 866 or

20 869(a) of this title (article 66 or 69(a)) or an application

21 for relief under section 869(b) of this title (article

22 69(b)).’’.

23 (b) REVIEW IN THE OFFICE OF THE JUDGE ADVO24 CATE GENERAL.—Section 869(b) (article 69(b)) of title

25 10, United States Code, is amended to read as follows:
60

S 727 IS

1 ‘‘(b) Unless the accused has waived or withdrawn the

2 right to appellate review under section 861 of this title

3 (article 61), the findings or sentence, or both, in a court4 martial case not reviewed under subsection (a) or under

5 section 866 of this title (article 66) may be modified or

6 set aside, in whole or in part, by the Judge Advocate Gen7 eral on the ground of newly discovered evidence, fraud on

8 the court, lack of jurisdiction over the accused or the of9 fense, error prejudicial to the substantial rights of the ac10 cused, or the appropriateness of the sentence. The applica11 tion must be filed in the office of the Judge Advocate Gen12 eral by the accused on or before the last day of the two13 year period beginning on the date the sentence is approved

14 under section 860(c) of this title (article 60(c)), unless the

15 accused establishes good cause for failure to file within

16 that time.’’.

17 SEC. 561. APPEAL BY THE UNITED STATES.

18 Section 862(a)(1) (article 62(a)(1)) of title 10,

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

20 ‘‘(a)(1) In a trial by court-martial in which a military

21 judge presides and in which a punitive discharge may be

22 adjudged, the United States may appeal an order or ruling

23 of the military judge which terminates the proceedings

24 with respect to a charge or specification or which excludes

25 evidence that is substantial proof of a fact material in the
61

S 727 IS

1 proceeding, or, an order or ruling which directs the disclo2 sure of classified information, imposes sanctions for

3 nondisclosure of classified information, or which refuses

4 to issue a protective order sought by the United States

5 to prevent the disclosure of classified information, or re6 fuses to enforce such an order previously issued by appro7 priate authority. The United States may not appeal an

8 order or ruling that is or that amounts to, a finding of

9 not guilty with respect to the charge or specification.’’.

10 SEC. 562. FLIGHT FROM APPREHENSION.

11 (a) IN GENERAL.—Section 895 (article 95) of title

12 10, United States Code, is amended to read as follows:

13 ‘‘§ 895. Art. 95. Resistance, flight, breach of arrest,

14 and escape

15 ‘‘Any person subject to this chapter who resists or

16 flees from apprehension or breaks arrest or who escapes

17 from custody or confinement shall be punished as a court18 martial may direct.’’.

19 (b) CLERICAL AMENDMENT.—The item relating to

20 section 895 (article 95) in the table of sections at the be21 ginning of subchapter X of chapter 47 of title 10, United

22 States Code, is amended to read as follows:

‘‘895. 95. Resistance, flight, breach of arrest, and escape.’’.
62

S 727 IS

1 SEC. 563. CARNAL KNOWLEDGE.

2 (a) GENDER NEUTRAL.—Section 920(b) (article

3 120(b)) of title 10, United States Code, is amended to

4 read:

5 ‘‘(b) Any person subject to this chapter who, under

6 circumstances not amounting to rape, commits an act of

7 sexual intercourse with a person—

8 ‘‘(1) who is not his or her spouse; and

9 ‘‘(2) who has not attained the age of sixteen

10 years; is guilty of carnal knowledge and shall be

11 punished as a court-martial may direct.’’.

12 (b) MISTAKE OF FACT.—Section 920 (article 120) of

13 title 10, United States Code, is amended by adding at the

14 end the following subsection:

15 ‘‘(d) In a prosecution under subsection (b) of this sec16 tion, it is a defense, that the accused must establish by

17 a preponderance of the evidence, that, at the time of the

18 alleged offense,—

19 ‘‘(1) the person with whom the accused commit20 ted the act of sexual intercourse had attained the

21 age of 12 years; and

22 ‘‘(2) the accused reasonably believed that the

23 person with whom the accused committed the act of

24 sexual intercourse had attained the age of 16

25 years.’’.
63

S 727 IS

1 SEC. 564. INSTRUCTION IN THE UNIFORM CODE OF MILI2 TARY JUSTICE.

3 Section 937(a)(1) (article 137(a)(1)) of title 10,

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

5 ‘‘(a)(1) The sections of this title (articles of the Uni6 form Code of Military Justice) specified in paragraph (3)

7 shall be carefully explained to each enlisted member at the

8 time of (or within fourteen days after)—

9 ‘‘(A) the member’s initial entrance on active

10 duty; or

11 ‘‘(B) the member’s initial entrance into a duty

12 status with a reserve component.’’.

13 Subtitle D—Other Matters

14 SEC. 571. INDEFINITE REENLISTMENTS FOR CAREER EN15 LISTED MEMBERS.

16 Section 505(d) of title 10, United States Code, is

17 amended to read as follows:

18 ‘‘(d) For members with less than 10 years of service,

19 the Secretary concerned may accept reenlistments in the

20 Regular Army, Regular Navy, Regular Air Force, Regular

21 Marine Corps, or Regular Coast Guard, as the case may

22 be, for periods of at least two but not more than six years.

23 At the discretion of the Secretary concerned, members

24 with 10 or more years of service reenlisting in the Regular

25 Army, Regular Navy, Regular Air Force, Regular Marine

26 Corps, or Regular Coast Guard, as the case may be, who
64

S 727 IS

1 meet all qualifications for continued service, may be ac2 cepted for reenlistment of an unspecified period of time

3 on a career basis. Such person will be required to continue

4 to maintain minimum qualifications, as prescribed by the

5 Secretary concerned for continued service.’’.

6 SEC. 572. CHIEF WARRANT OFFICER PROMOTIONS.

7 (a) REDUCTION OF MINIMUM TIME IN GRADE RE8 QUIRED FOR CHIEF WARRANT OFFICER TO BE CONSID9 ERED FOR PROMOTION.—Section 574(e) of title 10,

10 United States Code, is amended by striking out ‘‘three’’

11 and inserting in lieu thereof ‘‘two’’;

12 (b) AUTHORIZATION OF BELOW-ZONE SELECTION

13 FOR PROMOTION TO GRADE OF CHIEF WARRANT OFFI14 CER.—Section 575(b) of title 10 is amended by inserting

15 ‘‘chief warrant officer, W–3,’’ after ‘‘to consider warrant

16 officers for selection for promotion to the grade of’’.

17 SEC. 573. RETIREMENT OF DIRECTOR OF ADMISSIONS,

18 UNITED STATES MILITARY ACADEMY, FOR

19 YEARS OF SERVICE.

20 (a) IN GENERAL.—Section 3920 of title 10, United

21 States Code, is amended—

22 (1) by amending the heading to read as follows:
65

S 727 IS

1 ‘‘§ 3920. More than thirty years: permanent profes2 sors and the Director of Admissions of

3 United States Military Academy’’.

4 (2) by inserting ‘‘or the Director of Admis5 sions’’ after ‘‘permanent professor’’.

6 (b) The table of sections at the beginning of chapter

7 367 of title 10, United States Code, is amended by amend8 ing the item relating to section 39820 to read as follows:

‘‘3920. More than thirty years: permanent professors and the Director of Admissions of United States Military Academy.’’.

9 TITLE VI—COMPENSATION AND

10 OTHER PERSONNEL BENEFITS

11 Subtitle A—Pay and Allowances

12 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1996.

13 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

14 adjustment required by section 1009 of title 37, United

15 States Code, in elements of compensation of members of

16 the uniformed services to become effective during fiscal

17 year 1996 shall not be made.

18 (b) INCREASE IN BASIC PAY AND BAS.—Effective on

19 January 1, 1996, the rates of basic pay and basic allow20 ance for subsistence of members of the uniformed services

21 are increased by 2.4 percent.

22 (c) INCREASE IN BAQ.—Effective on January 1,

23 1996, the rates of basic allowance for quarters of members

24 of the uniformed services are increased by 3.4 percent.
66

S 727 IS

1 SEC. 602. EVACUATION ALLOWANCES THAT PERMITS

2 EQUAL TREATMENT OF MILITARY DEPEND3 ENTS TO CIVILIANS AND THEIR DEPEND4 ENTS.

5 (a) EQUAL TREATMENT OF MILITARY DEPENDENTS

6 TO CIVILIANS AND THEIR DEPENDENTS.—Section 405a

7 (a) of title 37, United States Code, is amended by striking

8 out ‘‘ordered’’ each place such word appears and inserting

9 in lieu thereof in each instance ‘‘officially authorized or

10 ordered’’.

11 (b) EFFECTIVE DATE AND APPLICABILITY.—The

12 amendments to section 405a(a) by subsection (a) shall

13 take effect on October 1, 1995, and shall apply to persons

14 ordered or authorized to evacuate in accordance with sec15 tion 405a, as revised by this Act, on or after such date.

16 SEC. 603. CONTINUOUS ENTITLEMENT TO CAREER SEA PAY

17 FOR CREWMEMBERS OF SHIPS DESIGNATED

18 AS TENDERS.

19 Section 305a(d)(1)(A) of title 37, United States

20 Code, is amended by inserting ’’, or while serving as a

21 member of a tender-class ship (with the hull classification

22 of submarine or destroyer)’’ after ‘‘the off-crew of a two23 crewed submarine’’.
67

S 727 IS

1 SEC. 604. INCREASE IN THE SUBSISTENCE ALLOWANCE

2 PAYABLE TO MEMBERS OF SENIOR RESERVE

3 OFFICER’S TRAINING CORPS.

4 (a) INCREASE.—Section 209(a) of title 37, United

5 States Code, is amended by striking out ‘‘$150 a month’’

6 in the first sentence and inserting in lieu thereof ‘‘$200

7 a month’’.

8 (b) APPLICATION OF INCREASE.—(1) Except as pro9 vided in paragraph (2), the amendments made by sub10 section (a) shall apply with respect to months beginning

11 after August 31, 1996.

12 (2) Upon the approval of the Secretary of Defense,

13 the Secretary of a military department may implement

14 such amendments at an earlier date with respect to mem15 bers of the Senior Reserve Officer’s Training Corps under

16 the jurisdiction of the Secretary if funds are available for

17 the monthly subsistence allowances authorized by such

18 amendments.

19 SEC. 605. DISLOCATION ALLOWANCE (DLA) FOR BASE RE20 ALIGNMENT AND CLOSURE (BRAC) MOVES.

21 Section 407(a)(1) of title 37, United States Code, is

22 amended by inserting ‘‘directed order to move as a result

23 of a base realignment or closure or’’ before ‘‘change of

24 permanent station,’’.
68

S 727 IS

1 SEC. 606. FAMILY SEPARATION ALLOWANCE (FSA–II).

2 Section 427(b)(3) of title 37, United States Code, is

3 amended by inserting ‘‘subparagraph A of’’ after ‘‘not en4 titled to an allowance under’’.

5 SEC. 607. AUTHORIZATION OF PAYMENT OF BASIC ALLOW6 ANCE FOR QUARTERS TO CERTAIN MEMBERS

7 OF THE UNIFORMED SERVICES ASSIGNED TO

8 SEA DUTY.

9 (a) IN GENERAL.—Section 403(c)(2) of title 37,

10 United States Code, is amended—

11 (1) in the first sentence, by striking out ‘‘E–7’’

12 and inserting in lieu thereof ‘‘E–6’’; and

13 (2) in the second sentence, by striking out ‘‘E–

14 6’’ and inserting in lieu thereof ‘‘E–5’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 this section shall take effect as of July 1, 1996.

17 Subtitle B—Income Tax Matters

18 SEC. 611. EXCLUSION OF COMBAT PAY FROM WITHHOLD19 ING LIMITED TO AMOUNT EXCLUDABLE

20 FROM GROSS INCOME.

21 (a) IN GENERAL.—Paragraph (1) of section 3401(a)

22 (defining wages) of the Internal Revenue Code of 1986

23 (26 U.S.C. 3401(a)) is amended by striking the semicolon

24 at the end and inserting in lieu thereof ‘‘to the extent re25 muneration for such service is excludable from gross in26 come under such section;’’.
69

S 727 IS

1 (b) EFFECTIVE DATE AND APPLICABILITY.—The

2 amendment made by this section shall apply to remunera3 tion paid after December 31, 1994.

4 Subtitle C—Bonuses and Special

5 and Incentive Pays

6 SEC. 621. AVIATION CAREER INCENTIVE PAY (ACIP) GATES.

7 Section 301a(a)(4) of title 37, United States Code,

8 is amended by striking out ‘‘9’’ in the first sentence and

9 inserting in lieu thereof ‘‘8’’.

10 SEC. 622. EXPIRING AUTHORITIES.

11 (a) SELECTED RESERVE REENLISTMENT BONUS.—

12 Section 308b(f) of title 37, United States Code, is amend13 ed by striking out ‘‘September 30, 1996’’ and inserting

14 in lieu thereof ‘‘September 30, 1998’’.

15 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec16 tion 308c(e) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1996’’ and inserting in

18 lieu thereof ‘‘September 30, 1998’’.

19 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec20 tion 308e(e) of title 37, United States Code, is amended

21 by striking out ‘‘September 30, 1996’’ and inserting in

22 lieu thereof ‘‘September 30, 1998’’.

23 (d) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS.—Section 308h(g) of title 37, United States
70

S 727 IS

1 Code, is amended by striking out ‘‘September 30, 1996’’

2 and inserting in lieu thereof ‘‘September 30, 1998’’.

3 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

4 308i(i) of title 37, United States Code, is amended by

5 striking out ‘‘September 30, 1996’’ and inserting in lieu

6 thereof ‘‘September 30, 1998’’.

7 (f) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States

9 Code, is amended by striking out ‘‘September 30, 1996’’

10 and inserting in lieu thereof ‘‘September 30, 1998’’.

11 (g) ACCESSION BONUS FOR REGISTERED NURSES.—

12 Section 302d(a)(1) of title 37, United States Code, is

13 amended by striking out ‘‘September 30, 1996’’ and in14 serting in lieu thereof ‘‘September 30, 1998’’.

15 (h) INCENTIVE SPECIAL PAY FOR NURSE ANES16 THETISTS.—Section 302e(a)(1) of title 37, United States

17 Code, is amended by striking out ‘‘September 30, 1996’’

18 and inserting in lieu thereof ‘‘September 30, 1998’’.

19 (i) REENLISTMENT BONUS FOR ACTIVE MEM20 BERS.—Section 308(g) of title 37, United States Code, is

21 amended by striking out ‘‘September 30, 1996’’ and in22 serting in lieu thereof ‘‘September 30, 1998’’.

23 (j) ENLISTMENT BONUS FOR CRITICAL SKILLS.—

24 Section 308a(c) of title 37, United States Code, is amend-
71

S 727 IS

1 ed by striking out ‘‘September 30, 1996’’ and inserting

2 in lieu thereof ‘‘September 30, 1998’’.

3 (k) BONUS FOR ENLISTMENT IN THE ARMY.—Sec4 tion 308f(c) of title 37, United States Code, is amended

5 by striking out ‘‘September 30, 1996’’ and inserting in

6 lieu thereof ‘‘September 30, 1998’’.

7 (l) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

8 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI9 ORITY UNITS.—Section 308d(c) of title 37, United States

10 Code, is amended by striking out ‘‘September 30, 1996’’

11 and inserting in lieu thereof ‘‘September 30, 1998’’.

12 (m) REPAYMENT OF EDUCATION LOANS FOR CER13 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE14 LECTED RESERVE.—Section 2172(d) of title 10, United

15 States Code, is amended by striking out ‘‘October 1,

16 1996’’ and inserting in lieu thereof ‘‘October 1, 1998’’.

17 (n) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

18 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

19 Section 613(d) of the National Defense Authorization Act,

20 Fiscal Year 1989 (37 U.S.C. 302 note) is amended by

21 striking out ‘‘September 30, 1996’’ and inserting in lieu

22 thereof ‘‘September 30, 1998’’.

23 (o) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI24 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

25 312(e) of title 37, United States Code, is amended by
72

S 727 IS

1 striking out ‘‘September 30, 1996’’ and inserting in lieu

2 thereof ‘‘September 30, 2000’’.

3 (p) NUCLEAR CAREER ACCESSION BONUS.—Section

4 312b(c) of title 37, United States Code, is amended by

5 striking out ‘‘September 30, 1996’’ and inserting in lieu

6 thereof ‘‘September 30, 2000’’.

7 (q) NUCLEAR CAREER ANNUAL INCENTIVE

8 BONUS.—Section 312c(d) of title 37, United States Code,

9 is amended by striking out ‘‘October 1, 1996’’ and insert10 ing in lieu thereof ‘‘October 1, 2000’’.

11 (r) GRADE DETERMINATION AUTHORITY FOR CER12 TAIN RESERVE MEDICAL OFFICERS.—Sections 3359(b)

13 and 8359(b) of title 10, United States Code, are amended

14 by striking out ‘‘September 30, 1995’’ and inserting in

15 lieu thereof ‘‘September 30, 1996’’.

16 (s) PROMOTION AUTHORITY FOR CERTAIN RESERVE

17 OFFICERS SERVING ON ACTIVE DUTY.—Sections 3380(d)

18 and 8380(d) of title 10, United States Code, are each

19 amended by striking out ‘‘September 30, 1995’’ and in20 serting in lieu thereof ‘‘September 30, 1996’’.

21 (t) YEARS OF SERVICE FOR MANDATORY TRANSFER

22 TO THE RETIRED RESERVE.—Section 1016(d) of the De23 partment of Defense Authorization Act, 1984 (10 U.S.C.

24 3360) is amended by striking out ‘‘September 30, 1995’’

25 and inserting in lieu thereof ‘‘September 30, 1996’’.
73

S 727 IS

1 (u) WAR RISK INSURANCE.—Section 1214 of the

2 Merchant Marine Act, 1936 (14 App. U.S.C. 1294) is

3 amended by striking out ‘‘June 30, 1995’’ and inserting

4 in lieu thereof ‘‘June 30, 2000’’.

5 (v) MAKE PERMANENT THE AVIATION OFFICER RE6 TENTION BONUS.—Section 301b(a) of title 37, United

7 States Code, is amended by striking out ‘‘, during the pe8 riod beginning on January 1, 1989, and ending on Sep9 tember 30, 1996,’’.

10 (w) MAKE PERMANENT THE AUTHORITY FOR TEM11 PORARY PROMOTIONS OF CERTAIN NAVY LIEUTEN12 ANTS.—Section 5721 of title 10, United States Code, is

13 amended by striking out subsection (f).

14 (x) MAKE PERMANENT THE AUTHORITY FOR SPE15 CIALIZED TREATMENT FACILITY PROGRAM.—Section

16 1105 of title 10, United States Code, is amended by strik17 ing out subsection (h).

18 Subtitle D—Travel and

19 Transportation Allowances

20 SEC. 631. AUTHORITY TO EXPEND APPROPRIATED FUNDS

21 TO PAY CERTAIN ACTUAL EXPENSES OF RE22 SERVISTS.

23 Section 404(j) of title 37, United States Code, is

24 amended—
74

S 727 IS

1 (1) in paragraph (1), by striking out the period

2 at the end of the paragraph and inserting in lieu

3 thereof ‘‘or, if transient government quarters are un4 available, may provide contract quarters as lodging

5 in kind as if the member were entitled to such allow6 ances under subsection (a) of this section.’’; and

7 (2) in paragraph (3), by inserting ‘‘or expenses

8 for contract quarters’’ after ‘‘service charge ex9 penses’’.

10 SEC. 632. FLEXIBILITY WHEN AUTHORIZING SHIPMENT OF

11 A MOTOR VEHICLE INCIDENT TO PERMA12 NENT CHANGE OF STATION ORDERS.

13 (a) IN GENERAL.—Section 2634(a)(4) of title 10,

14 United States Code, is amended—

15 (1) by striking out ‘‘surface’’;

16 (2) by inserting after ‘‘by other transportation

17 if’’ ‘‘under regulations developed by the Secretary of

18 Defense,’’; and

19 (3) by striking out ‘‘does’’ and inserting in lieu

20 thereof is ‘‘determined’’.

21 (b) EFFECTIVE DATE AND APPLICABILITY.—Section

22 2634(a)(4) of title 10, United States Code, as amended

23 by this section, shall take effect on October 1, 1995, and

24 shall apply to vehicles placed for shipment on or after such

25 date.
75

S 727 IS

1 SEC. 633. AUTHORIZATION OF RETURN TO UNITED STATES

2 OF FORMERLY DEPENDENT CHILDREN WHO

3 ATTAIN AGE OVERSEAS.

4 (a) IN GENERAL.—Section 406(h)(1) of title 37,

5 United States Code, is amended by striking out the last

6 sentence and inserting in lieu thereof the following new

7 sentence: ‘‘For the purposes of this section, a member’s

8 unmarried child for whom the member received transpor9 tation in kind to his station outside the United States or

10 in Hawaii or Alaska, reimbursement therefor, or a mone11 tary allowance in place thereof and who ceased to be a

12 dependent, by reason of age, or graduation from or ces13 sation of enrollment in an institution of higher education,

14 while the member was serving at that station shall be con15 sidered as a dependent of the member.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 this section shall take effect on October 1, 1996.

18 Subtitle E—Retired Pay, Insurance,

19 and Survivor Benefits

20 SEC. 641. RETIRED PAY FOR NON-REGULAR SERVICE.

21 Section 1331 of chapter 67 of title 10, United States

22 Code, is amended—

23 (1) by redesignating subsections (d) and (e) as

24 subsections (e) and (f) respectively; and

25 (2) by inserting after subsection (c) the follow26 ing new subsection:
76

S 727 IS

1 ‘‘(d) No person who is convicted of an offense under

2 the Uniform Code of Military Justice (chapter 47 of title

3 10), and whose executed sentence includes death, dishon4 orable discharge, bad conduct discharge, or dismissal from

5 the service, is eligible for retired pay under this chapter.’’.

6 SEC. 642. FISCAL YEAR 1996 COST-OF-LIVING ADJUSTMENT

7 FOR MILITARY RETIREES.

8 (a) IN GENERAL.—Notwithstanding the provisions of

9 section 1401a(b)(2)(B)(ii) of title 10, United States Code,

10 or of section 8114A(b) of Department of Defense Appro11 priations Act, 1995 (Public Law 103–335; 108 Stat.

12 2648), or of any other provision of law, the fiscal year

13 1996 increase in military retired pay first shall be payable

14 as part of such retired pay for the month of March 1996.

15 (b) DEFINITIONS.—For the purpose of this section,

16 the following definitions apply:

17 (1) The term ‘‘fiscal year 1996 increase in mili18 tary retired pay’’ means the increase in retired pay

19 that, pursuant to paragraph (1) of section 1401a(b)

20 of title 10, United States Code, becomes effective on

21 December 1, 1995.

22 (2) The term ‘‘retired pay’’ includes retainer

23 pay.
77

S 727 IS

1 SEC. 643. AUTOMATIC SERVICEMEN’S GROUP LIFE INSUR2 ANCE (SGLI).

3 Section 1967 of title 38, United States Code, is

4 amended—

5 (1) in subsections (a) and (c), by striking out

6 ‘‘$100,000’’ each place it appears and inserting in

7 lieu thereof in each instance ‘‘$200,000’’;

8 (2) by striking out subsection (e); and

9 (3) by redesignating subsection (f) as sub10 section (e).

11 SEC. 644. IMPROVED DEATH AND DISABILITY BENEFITS

12 FOR RESERVISTS.

13 (a) MEDICAL AND DENTAL CARE: MEMBERS ON

14 DUTY OTHER THAN ACTIVE DUTY FOR A PERIOD OF

15 MORE THAN 30 DAYS.—Section 1074a(a) of title 10,

16 United States Code, is amended by inserting after para17 graph (2) the following new paragraph:

18 ‘‘(3) Each member of a uniformed service who

19 incurs or aggravates an injury, illness, or disease in

20 the line of duty while remaining overnight at or in

21 the vicinity of a site outside reasonable commuting

22 distance from the member’s residence at which site

23 the member has performed inactive duty training be24 tween successive periods of such training.’’.
78

S 727 IS

1 (b) RECOVERY, CARE, AND DISPOSITION OF RE2 MAINS: DECEDENTS COVERED.—Section 1481(a)(2) of

3 title 10, United States Code, is amended—

4 (1) in subparagraph (C), by striking out ‘‘or’’

5 at the end of the subparagraph;

6 (2) by redesignating subparagraph (D) as sub7 paragraph (E); and

8 (3) by inserting after subparagraph (C) the fol9 lowing new subparagraph:

10 ‘‘(D) remaining overnight at or in the vi11 cinity of a site outside reasonable commuting

12 distance from the member’s residence at which

13 site the member has performed inactive duty

14 training between successive periods of such

15 training; or’’.

16 (c) ENTITLEMENT TO BASIC PAY.—Section 204 of

17 title 37, United States Code is amended—

18 (1) in subsection (g)(1)—

19 (A) in subparagraph (B), by striking out

20 ‘‘or’’ at the end of the subparagraph;

21 (B) in subparagraph (C), by striking out

22 the period at the end of the subparagraph and

23 inserting in lieu thereof ‘‘; or’’; and

24 (C) by inserting after subparagraph (C)

25 the following new subparagraph:
79

S 727 IS

1 ‘‘(D) in line of duty while remaining over2 night at or in the vicinity of a site outside rea3 sonable commuting distance from the member’s

4 residence at which site the member has per5 formed inactive duty training between succes6 sive periods of such training.’’; and

7 (2) in subsection (h)(1)—

8 (A) in subparagraph (B), by striking out

9 ‘‘or’’ at the end of the subparagraph;

10 (B) in subparagraph (C), by striking out

11 the period at the end of the subparagraph and

12 inserting in lieu thereof ‘‘; or’’; and

13 (C) by inserting after subparagraph (C)

14 the following new subparagraph:

15 ‘‘(D) in line of duty while remaining over16 night at or in the vicinity of a site outside rea17 sonable commuting distance from the member’s

18 residence at which site the member has per19 formed inactive duty training between succes20 sive periods of such training.’’.

21 (d) RESERVES: MEMBERS OF NATIONAL GUARD: IN22 ACTIVE-DUTY TRAINING.—Section 206(a)(3) of title 37,

23 United States Code, is amended—

24 (1) in subparagraph (A), by striking out ‘‘or’’

25 at the end of clause (ii);
80

S 727 IS

1 (2) in subparagraph (B), by striking out the pe2 riod at the end of the subparagraph and inserting in

3 lieu thereof ‘‘; or’’; and

4 (3) by inserting after subparagraph (B) the fol5 lowing new subparagraph:

6 ‘‘(C) in line of duty while remaining over7 night at or in the vicinity of a site outside rea8 sonable commuting distance from the member’s

9 residence at which site the member has per10 formed inactive duty training between succes11 sive periods of such training.’’.

12 Subtitle F—Separation Pay

13 SEC. 651. TRANSITIONAL COMPENSATION FOR DEPEND14 ENTS OF MEMBERS OF THE ARMED FORCES

15 SEPARATED FOR DEPENDENT ABUSE.

16 (a) Section 1059(d) of title 10, United States Code,

17 is amended by striking out ‘‘of a separation from active

18 duty as’’ in the first sentence.

19 SEC. 661. MILITARY CLOTHING SALES STORES, REPLACE20 MENT SALES.

21 (a) IN GENERAL.—Chapter 651 of title 10, United

22 States Code, is amended by adding at the end the follow23 ing new section:
81

S 727 IS

1 ‘‘§ 7606. Subsistence and other supplies: members of

2 armed forces; veterans; Executive or mili3 tary departments and employees; prices

4 ‘‘(a) The branch, office or officer designated by the

5 Secretary of the Navy shall procure or sell, for cash or

6 credit—

7 ‘‘(1) articles specified by the Secretary of the

8 Navy or a person designated by him, to members of

9 the Navy and Marine Corps; and

10 ‘‘(2) items of individual clothing and equipment

11 to members of the Navy and Marine Corps, under

12 such restrictions as the Secretary may prescribe.

13 An account of sales on credit shall be kept and the amount

14 due reported to any branch office, or officer designated

15 by the Secretary. Except for articles and items acquired

16 through the use of working capital funds under section

17 2208 of this title, sales of articles shall be at cost, and

18 sales of individual clothing and equipment shall be at aver19 age current prices, including overhead, as determined by

20 the Secretary.

21 ‘‘(b) The branch, office, or officer designated by the

22 Secretary shall sell subsistence supplies to members of

23 other armed forces at the prices at which like property

24 is sold to members of the Navy and Marine Corps.

25 ‘‘(c) The branch, office or officer designated by the

26 Secretary may sell serviceable supplies, other than subsist-
82

S 727 IS

1 ence supplies, to members of other armed forces at the

2 prices at which like property is sold to members of the

3 Navy and Marine Corps.

4 ‘‘(d) A person who has been discharged honorably or

5 under honorable conditions from the Army, Navy, Air

6 Force or Marine Corps and who is receiving care and med7 ical treatment from the Public Health Service or the De8 partment of Veterans Affairs may buy subsistence supplies

9 and other supplies, except articles of uniform, at the prices

10 at which like property is sold to members of the Navy and

11 Marine Corps.

12 ‘‘(e) Under such conditions as the Secretary may pre13 scribe, exterior articles of uniform may be sold to a person

14 who has been discharged from the Navy or Marine Corps

15 honorably or under honorable conditions at the prices at

16 which like articles are sold to members of the Navy or

17 Marine Corps. This subsection does not modify sections

18 772 or 773 of this title.

19 ‘‘(f) Under regulations prescribed by the Secretary,

20 payment for subsistence supplies shall be made in cash

21 or by commercial credit.

22 ‘‘(g) The Secretary may provide for the procurement

23 and sale of stores designated by him to such civilian offi24 cers and employees of the United States, and such other

25 persons as he considers proper—
83

S 727 IS

1 ‘‘(1) at military installations outside the United

2 States (provided such sales conform with host nation

3 support agreements); and

4 ‘‘(2) at military installations inside the United

5 States where the Secretary determines that it is im6 practicable for those civilian officers, employees, and

7 persons to obtain such stores from commercial enter8 prises without impairing the efficient operation of

9 military activities.

10 However, sales to such civilian officers and employees of

11 the United States inside the United States may be only

12 to those who reside within military installations.

13 ‘‘(h) Appropriations for subsistence of the Navy or

14 Marine Corps may be applied to the purchase of subsist15 ence supplies for sale to members of the Navy and Marine

16 Corps on active duty for the use of themselves and their

17 families.’’.

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

19 at the beginning of chapter 651 of title 10, United States

20 Code is amended by adding at the end the following new

21 item:

‘‘7606. Subsistence and other supplies: members of armed forces; veterans; Executive or military departments and employees; prices.’’.
84

S 727 IS

1 TITLE VII—CIVILIAN

2 EMPLOYEES

3 SEC. 701. HOLIDAYS AND ALTERNATIVE WORK SCHEDULES.

4 Section 6103(b)(2) of title 5, United States Code, is

5 amended to read as follows:

6 ‘‘(2)(A) Subject to agency discretion, instead of

7 a holiday that occurs on a regular weekly non-work8 day (other than discussed in (b)) of an employee

9 whose basic workweek is other than Monday through

10 Friday, the workday immediately before that regular

11 weekly non-workday is a legal holiday for the em12 ployee.

13 ‘‘(B) Subject to agency discretion, instead of a

14 holiday that occurs on a regular weekly non-workday

15 administratively scheduled for the employee instead

16 of Sunday (or any immediately following non-work17 day), the next immediately following workday is a

18 legal holiday for the employee.’’.

19 SEC. 702. ELIMINATION OF 120-DAY LIMITATION ON DE20 TAILS.

21 Section 3341(b) of title 5, United States Code, is

22 amended to read as follows:

23 ‘‘(b) Details under subsection (a) of this section may

24 be made only by written order of the head of the agency

25 or his designee.’’.
85

S 727 IS

1 SEC. 703. ELIMINATION OF PART-TIME EMPLOYMENT RE2 PORTS.

3 Section 3407 of title 5, United States Code, is re4 pealed.

5 Subtitle B—Compensation and

6 Other Personnel Benefits

7 SEC. 711. REPEAL OF PROHIBITION ON PAYMENT OF LODG8 ING EXPENSES WHEN ADEQUATE GOVERN9 MENT QUARTERS ARE AVAILABLE.

10 Section 1589 of title 10, United States Code, is re11 pealed.

12 SEC. 712. OVERTIME EXEMPTION FOR NONAPPROPRIATED

13 FUND (NAF) EMPLOYEES.

14 Section 6121(2) of title 5, United States Code, is

15 amended to read as follows:

16 ‘‘(2) ‘employee’ has the meaning given it by sec17 tion 2105(a) of this title and also includes those

18 paid from nonappropriated funds of the Army and

19 Air Force Exchange Service, Navy Ship’s Stores

20 Ashore, Navy exchanges, Marine Corps exchanges,

21 Coast Guard exchanges, and other instrumentalities

22 of the United States under the jurisdiction of the

23 armed forces conducted for the comfort, pleasure,

24 contentment, and mental and physical improvement

25 of personnel of the armed forces.’’.
86

S 727 IS

1 Subtitle C—Separation Provisions

2 SEC. 721. CONTINUED HEALTH INSURANCE COVERAGE.

3 Section 8905a(d)(4) of title 5, United States Code,

4 is amended—

5 (1) in subparagraph (A)—

6 (A) by inserting ‘‘or voluntary separation’’

7 after ‘‘involuntary separation or’’;

8 (B) by inserting ‘‘surplus’’ prior to ‘‘posi9 tion’’; and;

10 (C) by striking out ‘‘force—’’ and inserting

11 in lieu thereof ‘‘force or a realignment or instal12 lation closure under Base Realignment and Clo13 sure—’’; and

14 (2) by adding at the end the following new sub15 paragraph:

16 ‘‘(C) For the purposes of this section, sur17 plus is defined as a position identified in pre18 reduction in force planning as no longer re19 quired and is expected to be eliminated under

20 formal reduction in force procedures.’’.

21 SEC. 722. LUMP SUM SEVERANCE PAYMENTS.

22 (a) ELECTION TO RECEIVE LUMP SUM.—Subject to

23 agency discretion, an employee entitled to severance pay

24 pursuant to section 5595 of title 5, United States Code,

25 may, notwithstanding subsection (b) of that section, elect
87

S 727 IS

1 to be paid total severance pay as determined under sub2 section (c) of that section in a lump sum upon separation.

3 If such an employee is reemployed by the Government of

4 the United States or the government of the District of

5 Columbia so that periodic payments would have been dis6 continued under subsection (d) of that section before the

7 end of the period during which severance pay would have

8 been otherwise paid, the employee shall refund an amount

9 equal to the amount of severance pay that would not have

10 been paid but for the employee’s election under this sec11 tion. The period of time represented by any severance pay

12 refunded under this section shall be recredited to the em13 ployee for use in any later computation of severance pay.

14 Refunded amounts may be credited to the current appro15 priation available for the payment of salaries by the agen16 cy from which the employee was separated.

17 (b) APPLICATION.—This section shall apply with re18 spect to any employee involuntary separated on or after

19 the date of enactment and before October 1, 1999.

20 SEC. 723. CIVILIAN VOLUNTARY RELEASE PROGRAM.

21 Section 3502 of title 5, United States Code, is

22 amended by inserting after subsection (e) the following

23 new subsection:

24 ‘‘(f) Notwithstanding the provisions of paragraphs

25 (a) to (e) above, the Office of Personnel Management shall
88

S 727 IS

1 also prescribe regulations to permit Department of De2 fense employees, who are not scheduled for separation by

3 reduction in force (RIF), to volunteer for RIF separation

4 in place of other employees who are scheduled for RIF

5 separation, until September 30, 1996.’’.

6 TITLE VIII—HEALTH CARE

7 PROVISIONS

8 Subtitle A—Health Care

9 Management

10 SEC. 801. CODIFICATION AND STRENGTHENING OF

11 CHAMPUS PHYSICIAN PAYMENT REFORM

12 PROGRAM.

13 Section 1079(h) of title 10, United States Code, is

14 amended to read as follows:

15 ‘‘(h)(1) Subject to paragraph (2), payment for a

16 charge for services by an individual health care profes17 sional (or other non institutional health-care provider) for

18 which a claim is submitted under a plan contracted for

19 under subsection (a) shall be limited to the lesser of—

20 ‘‘(A) the amount equivalent to the 80th per21 centile of billed charges, as determined by the Sec22 retary of Defense, in consultation with the other ad23 ministering Secretaries, for similar services in the

24 same locality during a twelve month base period,
89

S 727 IS

1 which base period may be adjusted as frequently as

2 the Secretary considers appropriate; or

3 ‘‘(B) the amount determined to the extent prac4 ticable in accordance with the same reimbursement

5 rules as apply to payments for medical and other

6 health services under title XVIII of the Social Secu7 rity Act (42 U.S.C. 1395 et seq.).

8 ‘‘(2) The amount to be paid to an individual health9 care professional (or other non-institutional health-care

10 provider) shall be determined under regulations to be pre11 scribed by the Secretary of Defense in consultation with

12 the other administering Secretaries pursuant to paragraph

13 (1). Such regulations—

14 ‘‘(A) may provide for such exceptions as the

15 Secretary determines necessary to assure that cov16 ered beneficiaries have adequate access to health

17 care services, including payment of amounts greater

18 than the allowable amounts when enrollees in man19 aged care programs obtain covered emergency serv20 ices from non-participating providers;

21 ‘‘(B) shall establish limitations (similar to those

22 established under title XVIII of the Social Security

23 Act (42 U.S.C. 1395 et seq.)) on beneficiary liability

24 for charges of an individual health-care professional

25 (or other non-institutional health care provider); and
90

S 727 IS

1 ‘‘(C) shall assure that in transitioning from the

2 payment methods previously in effect to any meth3 odology authorized by this subsection, in no case

4 may the amount allowable for any service be reduced

5 by more than fifteen percent from the amount al6 lowed for the same service in the immediately pre7 ceding twelve-month period (or other duration as es8 tablished by the Secretary of Defense).’’.

9 SEC. 802. REPEAL OF CERTAIN LIMITATIONS ON REDUC10 TIONS OF MEDICAL PERSONNEL.

11 (a) LIMITATION ON REDUCTIONS IN MEDICAL PER12 SONNEL.—Section 711 of the National Defense Authoriza13 tion Act for Fiscal Year 1991 (10 U.S.C. 115 note) is

14 repealed.

15 (b) MINIMUM NUMBER OF NAVY HEALTH PROFES16 SIONS OFFICERS.—Section 718 of the National Defense

17 Authorization Act for Fiscal Years 1992 and 1993 (10

18 U.S.C. 115 note) is amended by striking out subsection

19 (b).

20 (c) LIMITATION ON REDUCTION IN NUMBER OF RE21 SERVE COMPONENT MEDICAL PERSONNEL.—Section 518

22 of the National Defense Authorization Act for Fiscal Year

23 1993 (10 U.S.C. 261 note) is repealed.
91

S 727 IS

1 Subtitle B—Other Matters

2 SEC. 811. RECOGNITION BY STATES OF MILITARY ADVANCE

3 MEDICAL DIRECTIVES.

4 (a) IN GENERAL.—Chapter 53 of title 10, United

5 States Code, is amended by inserting after section 1044b

6 the following new section:

7 ‘‘§ 1044c. Military advance medical directives: re8 quirement for recognition by States

9 ‘‘(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT

10 WITHOUT REGARD TO STATE LAW.—A military advance

11 medical directive—

12 ‘‘(1) is exempt from any requirement of form,

13 substance, formality, or recording that is provided

14 for advance medical directives under the laws of a

15 State; and

16 ‘‘(2) shall be given the same legal effect as an

17 advance medical directive prepared and executed in

18 accordance with the laws of the State concerned.

19 ‘‘(b) MILITARY ADVANCE MEDICAL DIRECTIVES.—

20 For the purposes of this section, a military advance medi21 cal directive is any written declaration regarding future

22 medical treatment executed by a person eligible for legal

23 assistance under section 1044 of this title or regulations

24 of the Department of Defense, or the Department in which

25 the Coast Guard is operating—
92

S 727 IS

1 ‘‘(1) to provide, withdraw, or withhold life-pro2 longing procedures, including hydration and suste3 nance, in the event of a terminal condition or per4 sistent vegetative state; or

5 ‘‘(2) to appoint another person to make health

6 care decisions for the declarant under circumstances

7 stated in the declaration if the declarant is deter8 mined to be incapable of making informed health

9 care decisions.

10 ‘‘(c) STATEMENT TO BE INCLUDED.—Under regula11 tions prescribed by the Secretary concerned, each military

12 advance medical directive shall contain a statement that

13 clearly indicates such directive’s purpose. The failure to

14 include such a statement does not negate such directive’s

15 legal effect.

16 ‘‘(d) STATE DEFINED.—In this section, the term

17 ‘State’ includes the District of Columbia, the Common18 wealth of Puerto Rico, and a possession of the United

19 States.’’.

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

21 at the beginning of chapter 53 of title 10, United States

22 Code, is amended by inserting after the item relating to

23 section 1044b the following new item:

‘‘1044c. Military advance medical directives: requirement for recognition by

States.’’.
93

S 727 IS

1 (c) EFFECTIVE DATE.—The amendment made by

2 this section shall apply to any military advance medical

3 directive declared prior to the enactment of this Act and

4 such directives declared after enactment.

5 SEC. 812. CLOSURE OF THE UNIFORM SERVICES UNIVER6 SITY OF THE HEALTH SCIENCES.

7 (a) REPEAL OF AUTHORITY.—Chapter 104 of title

8 10, United States Code, is hereby repealed.

9 (b) PHASE-OUT PROCESS.—(1) Notwithstanding any

10 other provision of law, the Secretary of Defense shall

11 phase out the Uniformed Services University of the Health

12 Sciences, beginning in fiscal year 1996, and ending with

13 the closure of such University not later than September

14 30, 1999. No provision of section 2687 of title 10, United

15 States Code, or of any other law establishing preconditions

16 to the closure of any activity of the Department of Defense

17 shall operate to establish any precondition to the phaseout

18 and closure of the Uniformed Services University of the

19 Health Sciences pursuant to this Act.

20 (2) Under the phase-out process required by para21 graph (1), the Secretary of Defense is authorized to exer22 cise all of the authorities pertaining to the operation of

23 the Uniformed Services University of the Health Sciences

24 that were granted to the Secretary of Defense, the Board

25 of Regents, or the Dean of the Uniformed Services Univer-
94

S 727 IS

1 sity of the Health Sciences by Chapter 104 of title 10,

2 United States Code, prior to enactment of the repeal of

3 that chapter by subsection (a). Such authorities may be

4 exercised by the Secretary of Defense so as to achieve an

5 orderly phase-out of operations of the Uniformed Services

6 University of the Health Sciences.

7 (3) No new class of students may be admitted to

8 begin studies in the Uniformed Services University of the

9 Health Sciences after September 30, 1995. No students

10 may be awarded degrees by such University after Septem11 ber 30, 1999, except that the Secretary of Defense may

12 grant exceptions on a case-by-case basis for any students

13 who by that date have completed substantially all degree

14 requirements.

15 (c) AUTHORITIES UNAFFECTED.—(1) Commissioned

16 service obligations incurred by students of the Uniformed

17 Services University of the Health Sciences shall be unaf18 fected by enactment of the repeal of chapter 104 of title

19 10, United States Code, by subsection (a).

20 (2) Nothing in this Act shall be construed as limiting

21 the exercise by the Secretary of Defense of other authori22 ties under law pertaining to health sciences education,

23 training and professional development, graduate medical

24 education, medical and scientific research, and similar ac25 tivities. To the extent any such activities had been as-
95

S 727 IS

1 signed by the Secretary of Defense to the Uniformed Serv2 ices University of the Health Sciences, the Secretary of

3 Defense’s authority to assign such activities to any other

4 component or entity of the Department of Defense shall

5 be unaffected by the phase-out and closure of the Uni6 formed Services University of the Health Sciences pursu7 ant to this Act.

8 (d) CONFORMING AMENDMENTS.—(1) Section 178 of

9 title 10, United States Code, pertaining to the Henry M.

10 Jackson Foundation for the Advancement of Military

11 Medicine, is amended—

12 (A) in subsection (b), by striking out ‘‘Uni13 formed Services University of the Health Sciences’’

14 and inserting in lieu thereof ‘‘Department of De15 fense’’;

16 (B) in subsection (c)(1)(B), by striking out

17 ‘‘the Dean of the Uniformed Services University of

18 the Health Sciences’’ and inserting in lieu thereof ‘‘a

19 person designated by the Secretary of Defense’’; and

20 (C) in subsection (g)(1), by striking out ‘‘Uni21 formed Services University of the Health Sciences’’

22 and inserting in lieu thereof ‘‘Secretary of Defense’’.

23 (2) Section 466 of the Public Health Service Act (42

24 U.S.C. § 286a), pertaining to the Board of Regents of the

25 National Library of Medicine, is amended in subsection
96

S 727 IS

1 (a)(1)(B) by striking out ‘‘the Dean of the Uniformed

2 Services University of the Health Sciences’’.

3 (e) CLERICAL AMENDMENT.—The table of chapters

4 at the beginning of Subtitle A and at the beginning of

5 part III of such subtitle of title 10, United States Code,

6 is amended by striking out the items relating to chapter

7 104.

8 SEC. 813. REPEAL OF THE STATUTORY RESTRICTION ON

9 USE OF FUNDS FOR ABORTIONS.

10 (a) IN GENERAL.—Section 1093 of title 10, United

11 States Code, is repealed.

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

13 at the beginning of Chapter 55, United States Code, is

14 amended by striking out the item relating to section 1093.

15 (c) EFFECTIVE DATE.—The amendment made by

16 this section shall be effective October 1, 1995.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

20 Subtitle A—Secretarial Matters

21 SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DE22 FENSE.

23 (a) ESTABLISHMENT OF POSITION.—Section 138(a)

24 of title 10, United States Code, is amended by striking

25 out ‘‘eleven’’ and inserting in lieu thereof ‘‘twelve’’.
97

S 727 IS

1 (b) EXECUTIVE LEVEL IV.—Section 5315 of title 5,

2 United States Code, is amended by striking out ‘‘Assistant

3 Secretaries of Defense (11).’’ and inserting in lieu thereof

4 the following new line: ‘‘Assistant Secretaries of Defense

5 (12).’’.

6 SEC. 902. CHANGE IN NAME OF ASSISTANT TO THE SEC7 RETARY OF DEFENSE FOR ATOMIC ENERGY

8 TO ASSISTANT TO THE SECRETARY OF DE9 FENSE FOR NUCLEAR AND CHEMICAL PRO10 GRAMS.

11 (a) IN GENERAL.—Section 142 of title 10, United

12 States Code, is amended—

13 (1) by amending the heading to read as follows:

14 ‘‘§ 142. Assistant to the Secretary of Defense for Nu15 clear and Chemical Programs’’;

16 (2) in subsection (a), by striking out ‘‘Assistant

17 to the Secretary of Defense for Atomic Energy’’ and

18 inserting in lieu thereof ‘‘Assistant to the Secretary

19 of Defense for Nuclear and Chemical Programs’’;

20 (3) by amending subsection (b) to read as fol21 lows:

22 ‘‘(b) the Assistant to the Secretary shall perform such

23 functions as the Secretary of Defense may prescribe and

24 shall advise the Secretary of Defense on nuclear energy,

25 nuclear weapons, and chemical and biological defense pro-
98

S 727 IS

1 gram matters. The Assistant to the Secretary also shall

2 serve as the Staff Director of the Nuclear Weapons Coun3 cil established by section 179 of this title.’’.

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

5 at the beginning of chapter 4 of title 10, United States

6 Code, is amended by amending the item relating to section

7 142 to read as follows:

‘‘142. The Assistant to the Secretary of Defense for Nuclear and Chemical Programs.’’.

8 (c) CONFORMING AMENDMENTS.—(1) Section

9 179(c)(2) of title 10, United States Code, is amended by

10 striking out ‘‘The Assistant to the Secretary of Defense

11 for Atomic Energy’’ and inserting in lieu thereof ‘‘The As12 sistant to the Secretary of Defense for Nuclear and Chem13 ical Programs.’’.

14 (2) Section 5216 of title 5, United States Code, is

15 amended by striking out ‘‘The Assistant to the Secretary

16 of Defense for Atomic Energy, Department of Defense.’’

17 and inserting in lieu thereof ‘‘The Assistant to the Sec18 retary of Defense for Nuclear and Chemical Programs,

19 Department of Defense.’’.
99

S 727 IS

1 Subtitle B—Professional Military

2 Education

3 SEC. 911. EXCLUSION OF INFORMATION RESOURCES MAN4 AGEMENT COLLEGE IN THE NATIONAL DE5 FENSE UNIVERSITY.

6 (a) TECHNICAL AMENDMENT AND ADDITION OF IN7 FORMATION RESOURCES MANAGEMENT COLLEGE TO THE

8 DEFINITION OF THE NATIONAL DEFENSE UNIVERSITY.—

9 Section 1595(d)(2) of title 10, United States Code, is

10 amended by striking out ‘‘the Institute for National Stra11 tegic Study’’ and inserting in lieu thereof ‘‘the Institute

12 for National Strategic Studies, the Information Resources

13 Management College,’’.

14 (b) CONFORMING AMENDMENT.—Section 2162(d)(2)

15 of title 10, United States Code, is amended by inserting

16 ‘‘the Institute for National Strategic Studies, the Informa17 tion Resources Management College,’’ after ‘‘the Armed

18 Forces Staff College,’’.

19 SEC. 912. EMPLOYMENT OF CIVILIANS AT THE ASIA-PA20 CIFIC CENTER FOR SECURITY STUDIES.

21 Section 1595 of title 10, United States Code, is

22 amended—

23 (1) in subsection (c), by inserting at the end

24 the following new paragraph:
100

S 727 IS

1 ‘‘(4) The Asia-Pacific Center for Security Stud2 ies.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DI6 RECTOR AT ASIA-PACIFIC CENTER FOR SECURITY STUD7 IES.—In the case of the Asia-Pacific Center for Security

8 Studies, this section also applies with respect to the Direc9 tor and the Deputy Director.’’.

10 Subtitle C—Other Matters

11 SEC. 921. REDUCTION OF REPORTING REQUIREMENTS.

12 (a) CLOSURE OF MILITARY CHILD DEVELOPMENT

13 CENTERS FOR UNCORRECTED INSPECTION VIOLA14 TIONS.—Section 1505 of the Military Child Care Act of

15 1989 (Title XV of the National Defense Authorization Act

16 for Fiscal Years 1990 and 1991; 10 U.S.C. 113 note) is

17 amended by striking out subsection (f)(3).

18 (b) ENERGY SAVINGS AT MILITARY INSTALLA19 TIONS.—Section 2865(e) of title 10, United States Code,

20 is amended by striking out ‘‘(1)’’ and paragraph (2).

21 (c) MILITARY RELOCATION ASSISTANCE PRO22 GRAMS.—Section 1056 of title 10, United States Code, is

23 amended—

24 (1) by striking subsection (f); and
101

S 727 IS

1 (2) by redesignating subsection (g) as sub2 section (f).

3 (d) LIMITATION ON SOURCE OF FUNDS FOR NICA4 RAGUAN DEMOCRATIC RESISTANCE.—Section 1351 of

5 National Defense Authorization Act for Fiscal Year 1987

6 (10 U.S.C. 114 note) is repealed.

7 (e) LIMITATION ON REDUCTIONS IN MEDICAL PER8 SONNEL.—Section 711 of the National Defense Authoriza9 tion Act for Fiscal Year 1991 (10 U.S.C. 115 note) is

10 repealed.

11 (f) FOREIGN NATIONAL EMPLOYEES SALARY IN12 CREASES.—Section 1584 of title 10, United States Code,

13 is amended by striking out ‘‘(a) WAIVER OF EMPLOYMENT

14 RESTRICTIONS FOR CERTAIN PERSONNEL.—’’ and sub15 section (b).

16 (g) CIVILIAN POSITIONS: GUIDELINES FOR REDUC17 TIONS.—Section 1597 of title 10, United States Code, is

18 amended—

19 (1) by striking out subsections (c) and (e);

20 (2) by amending subsection (d) to read as fol21 lows:

22 ‘‘(d) EXCEPTIONS.—The Secretary of Defense may

23 permit a variation from the guidelines established under

24 subsection (b) if the Secretary determines that such a var25 iation is critical to national security.’’; and
102

S 727 IS

1 (3) by redesignating subsection (d) as sub2 section (c).

3 (h) INDUSTRIAL FUND MANAGEMENT REPORTS.—

4 Section 342 of the National Defense Authorization Act for

5 Fiscal Year 1993 (10 U.S.C. 2208 note) is amended by

6 striking out subsection (c).

7 (i) ELIMINATION OF USE OF CLASS I OZONE8 DEPLETING SUBSTANCES IN CERTAIN MILITARY PRO9 CUREMENT CONTRACTS.—Section 326(a) of the National

10 Defense Authorization Act for Fiscal Year 1993 (10

11 U.S.C. 2301 note) is amended by striking out paragraphs

12 (4) and (5).

13 (j) KINDS OF CONTRACTS: MULTIYEAR CONTRACT

14 CERTIFICATION.—Section 2306b(i)(1) of title 10, United

15 States Code, is amended—

16 (1) in the first sentence, by striking out ‘‘each

17 of the following conditions’’ and inserting in lieu

18 thereof ‘‘the following condition’’;

19 (2) by striking out subparagraph (A); and

20 (3) by striking out ‘‘(B)’’.

21 (k) NOTICE TO CONGRESS REQUIRED FOR CON22 TRACTS PERFORMED OVER PERIOD EXCEEDING TEN

23 YEARS.—Section 2352 of title 10, United States Code, is

24 repealed.
103

S 727 IS

1 (l) MAJOR DEFENSE ACQUISITION PROGRAM DE2 FINED.—Section 2430(b) of title 10, United States Code,

3 is amended by striking out the following sentence: ‘‘An

4 adjustment under this subsection shall be effective after

5 the Secretary transmits a written notification of the ad6 justment to the Committees on Armed Services of the Sen7 ate and House of Representatives.’’.

8 (m) WEAPONS DEVELOPMENT AND PROCUREMENT

9 SCHEDULES.—Section 2431 of title 10, United States

10 Code, is repealed.

11 (n) SELECTED ACQUISITION REPORTS FOR CERTAIN

12 PROGRAMS.—Section 127 of the National Defense Au13 thorization Act for Fiscal Years 1988 and 1989 (10

14 U.S.C. 2432 note) is repealed.

15 (o) CORE LOGISTICS FUNCTIONS WAIVER.—Section

16 2464(b) of title 10, United States Code, is amended by

17 striking out paragraphs (3) and (4).

18 (p) IMPROVED NATIONAL DEFENSE CONTROL OF

19 TECHNOLOGY DIVERSIONS OVERSEAS.—Section 2537 of

20 title 10, United States Code, is amended—

21 (1) by striking out subsection (b); and

22 (2) by redesignating subsections (c) and (d) as

23 subsections (b) and (c) respectively.
104

S 727 IS

1 (q) REAL PROPERTY TRANSACTIONS: REPORTS TO

2 CONGRESSIONAL COMMITTEES.—Section 2662 of title 10,

3 United States Code, is repealed.

4 (r) ACQUISITION: INTERESTS IN LAND WHEN NEED

5 IS URGENT.—Section 2672a(b) of title 10, United States

6 Code, is amended by striking out the following sentence:

7 ‘‘The Secretary of a military department contemplating

8 action under this section shall provide notice, in writing,

9 to the Committees on Armed Services of the Senate and

10 House of Representatives at least 30 days in advance of

11 any action being taken.’’.

12 (s) OPERATIONS OF DEPARTMENT OF DEFENSE

13 OVERSEAS MILITARY FACILITY INVESTMENTS RECOVERY

14 ACCOUNT.—Section 2921 of the National Defense Au15 thorization Act for Fiscal Year 1991 (10 U.S.C. 2687

16 note) is amended by striking out subsection (f).

17 (t) ENVIRONMENTAL RESTORATION REQUIREMENTS

18 AT MILITARY INSTALLATIONS TO BE CLOSED.—Section

19 334(c) of the National Defense Authorization Act for Fis20 cal Years 1992 and 1993 (10 U.S.C. 2687 note) is

21 amended—

22 (1) by striking out paragraph (2); and

23 (2) by redesignating paragraph (3) as para24 graph (2).
105

S 727 IS

1 (u) ENVIRONMENTAL RESTORATION COSTS FOR IN2 STALLATION TO BE CLOSED UNDER 1990 BASE CLO3 SURE LAW.—Section 2827 of the National Defense Au4 thorization Act for Fiscal Years 1992 and 1993 (10

5 U.S.C. 2687 note) is amended by striking out subsection

6 (b).

7 (v) FUEL SOURCES FOR HEATING SYSTEMS; PROHI8 BITION ON CONVERTING CERTAIN HEATING FACILI9 TIES.—Section 2690(b) of title 10, United States Code,

10 is amended to read as follows:

11 ‘‘(b) The Secretary of a military department may not

12 convert a heating facility at a United States military in13 stallation in Europe from a coal-fired facility to an oil14 fired facility, or to any other energy source facility, unless

15 the Secretary determines that the conversion (A) is re16 quired by the government of the country in which the facil17 ity is located, or (B) is cost effective over the lifecycle of

18 the facility.’’.

19 (w) ARCHITECTURAL AND ENGINEERING SERVICES

20 AND CONSTRUCTION DESIGN.—Section 2807 of title 10,

21 United States Code, is amended—

22 (1) by striking out subsection (b); and

23 (2) by redesignating subsections (c) and (d) as

24 subsections (b) and (c) respectively.
106

S 727 IS

1 (x) CONSTRUCTION PROJECTS FOR ENVIRONMENTAL

2 RESPONSE ACTIONS.—Section 2810 of title 10, United

3 States Code, is amended—

4 (1) in subsection (a), by striking out ‘‘Subject

5 to subsection (b), the’’ and inserting in lieu thereof

6 ‘‘The’’;

7 (2) by striking out subsection (b); and

8 (3) by redesignating subsection (c) as sub9 section (b).

10 (y) IMPROVEMENTS TO FAMILY HOUSING UNITS.—

11 (1) Section 2825(b)(1) of title 10, United States Code,

12 is amended—

13 (A) by striking out ‘‘(i)’’; and

14 (B) by striking out ‘‘(ii) a period of 21 days

15 elapses after the date on which the Committees on

16 Armed Services and the Committees on Appropria17 tions of the Senate and of the House of Representa18 tives receive a notice from such Secretary of the pro19 posed waiver, together with an economic analysis

20 demonstrating that the improvement will be cost ef21 fective.’’ and inserting in lieu thereof a period.

22 (2) Section 2825(c)(1) of title 10, United States

23 Code, is amended—

24 (A) in subparagraph (A), by inserting ‘‘and’’

25 after the semicolon;
107

S 727 IS

1 (B) in subparagraph (B), by striking out the

2 semicolon and inserting in lieu thereof a period; and

3 (C) by striking out subparagraphs (C) and (D).

4 (z) RELOCATION OF MILITARY FAMILY HOUSING

5 UNITS.—Section 2827 of title 10, United States Code, is

6 amended by striking out ‘‘(a)’’ and subsection (b).

7 (aa) ANNUAL REPORT TO CONGRESS WITH RESPECT

8 TO MILITARY CONSTRUCTION ACTIVITIES AND MILITARY

9 FAMILY HOUSING ACTIVITIES.—Section 2861 of title 10,

10 United States Code, is repealed.

11 (bb) ENERGY SAVINGS AT MILITARY INSTALLA12 TIONS.—Section 2865 of title 10, United States Code, is

13 amended by striking out subsection (f).

14 (cc) REPORTS ON PRICE AND AVAILABILITY ESTI15 MATES.—Section 28 of the Arms Export Control Act (22

16 U.S.C. 2768) is repealed.

17 (dd) ANNUAL REPORT ON THE STATUS OF THE EX18 ERCISE OF THE RIGHTS AND RESPONSIBILITIES OF THE

19 UNITED STATES UNDER THE PANAMA CANAL TREATY

20 OF 1977.—Section 3301 of the Panama Canal Act of

21 1979 (22 U.S.C. 3871) is repealed.

22 (ee) MONITORING AND RESEARCH OF ECOLOGICAL

23 EFFECTS OF ORGANOTIN ANTIFOULING PAINT.—Section

24 7 of the Organotin Antifouling Paint Control Act of 1988

25 (33 U.S.C. 2406) is amended by striking subsection (d).
108

S 727 IS

1 (ff) MINORITY GROUP PARTICIPATION IN CON2 STRUCTION OF TENNESSEE-TOMBIGBEE WATERWAY

3 PROJECT.—Section 185 of the Water Resources Develop4 ment Act of 1976 (33 U.S.C. 544c) is repealed.

5 (gg) PRESIDENTIAL RECOMMENDATIONS CONCERN6 ING ADJUSTMENTS AND CHANGES IN PAY AND ALLOW7 ANCES.—Section 1008 of title 37, United States Code, is

8 amended by striking subsection (a) and ‘‘(b)’’.

9 (hh) ADJUSTMENTS OF COMPENSATION.—Section

10 1009(f) of title 37, United States Code, is amended to

11 read as follows:

12 ‘‘(f) The allocations of increases made under this sec13 tion shall be assessed in conjunction with the quadrennial

14 review of military compensation required by section 1008

15 of this title.’’.

16 (ii) TRAVEL AND TRANSPORTATION ALLOWANCES:

17 DEPENDENTS; BAGGAGE AND HOUSEHOLD EFFECTS.—

18 Section 406 of title 37, United States Code, is amended—

19 (1) by striking out subsection (i); and

20 (2) by redesignating subsections (j), (k), (l),

21 and (m) as subsections (i), (j), (k), and (l) respec22 tively.

23 (jj) HEALTH-CARE SHARING AGREEMENTS BE24 TWEEN DEPARTMENT OF VETERANS AFFAIRS AND DE-
109

S 727 IS

1 PARTMENT OF DEFENSE.—Section 8111 of title 38,

2 United States Code, is amended—

3 (1) by striking out subsection (f); and

4 (2) by redesignating subsection (g) as sub5 section (f).

6 (kk) WATER RESOURCES PROJECTS.—Section

7 221(e) of the Flood Control Act of 1970 (42 U.S.C.

8 1962d–5b(e)) is amended by striking out ’’, and shall re9 port thereon annually to the Congress,’’ and inserting in

10 lieu thereof a period.

11 (ll) PUBLIC HEALTH SERVICE HOSPITALS.—Section

12 1252 of the Department of Defense Authorization Act,

13 1984 (42 U.S.C. 248d) is amended by striking out sub14 section (d).

15 (mm) REVIEW OF CONTRACTS.—Section 3(b) of the

16 Act of August 28, 1958 (50 U.S.C. 1433(b)) is amended

17 by striking out the following sentence: ‘‘If the clause is

18 omitted based on a determination under clause (2), a writ19 ten report shall be furnished to the Congress.’’.

20 (nn) SPECIAL DEFENSE ACQUISITION FUND (SDAF)

21 ANNUAL REPORT.—Section 53 of the Arms Export Con22 trol Act (22 U.S.C. 2795b) is repealed.

23 (oo) ANNUAL DEPARTMENT OF DEFENSE CONVEN24 TIONAL STANDOFF WEAPONS MASTER PLAN AND RE25 PORT ON STANDOFF MUNITIONS.—Section 1641 of the
110

S 727 IS

1 National Defense Authorization Act for Fiscal Years 1990

2 and 1991 (Public Law 101–189; 10 U.S.C. 2431, note)

3 is repealed.

4 SEC. 922. REPEAL OF PROHIBITION OF CONTRACTING FOR

5 FIREFIGHTING AND SECURITY GUARD FUNC6 TIONS AT MILITARY FACILITIES.

7 Section 2465 of title 10, United States Code, is re8 pealed.

9 SEC. 923. INCREASE IN UNSPECIFIED MINOR CONSTRUC10 TION THRESHOLD FROM $1.5 MILLION TO $3.0

11 MILLION AND THE OPERATION AND MAINTE12 NANCE THRESHOLD FROM $300 THOUSAND

13 TO $1 MILLION.

14 Section 2805 of title 10, United States Code, is

15 amended—

16 (1) in paragraph (a)(1), by striking out

17 ‘‘$1,500,000’’ and inserting in lieu thereof

18 ‘‘$1,700,000’’; and

19 (2) in paragraph (c)(1), by striking out

20 ‘‘$300,000’’ and inserting in lieu thereof

21 ‘‘$350,000’’.

22 SEC. 924. ANNUAL REPORT ON NATIONAL GUARD AND RE23 SERVE COMPONENT EQUIPMENT.

24 (a) SUBMISSION DATE OF REPORT.—Section

25 115b(a) of title 10, United States Code, is amended by
111

S 727 IS

1 striking out ‘‘February 15’’ and inserting in lieu thereof

2 ‘‘March 1’’.

3 (b) DEFINITION OF EQUIPMENT IN THE REPORT.—

4 Section 115b(b) of title 10, United States Code, is amend5 ed—

6 (1) in paragraphs (1) through (6), by striking

7 out ‘‘major item of equipment’’ each place it appears

8 and inserting in lieu thereof in each instance ‘‘com9 bat essential item of equipment’’;

10 (2) in paragraph (5)(E), by striking out ‘‘major

11 item of equipment,’’ and inserting in lieu thereof

12 ‘‘combat essential item of equipment,’’; and

13 (3) in paragraph (7), by striking out ‘‘item of

14 major equipment’’ and inserting in lieu thereof

15 ‘‘combat essential item of equipment’’.

16 (c) EFFECTIVE DATE.—The amendments to section

17 115b of title 10, United States Code, shall take effect on

18 October 1, 1995.

19 SEC. 925. REVISION OF DATE FOR SUBMITTAL OF JOINT RE20 PORT ON SCORING OF BUDGET OUTLAYS.

21 Section 226(a) of title 10, United States Code, is

22 amended—

23 (1) by striking out ‘‘Not later than December

24 15 of each year’’ and inserting in lieu thereof ‘‘Not

25 later than the day on which the budget for any fiscal
112

S 727 IS

1 year is submitted to Congress pursuant to section

2 1105 of title 31’’; and

3 (2) by striking out ‘‘major functional category

4 050’’ and all that follows through ‘‘section 1105 of

5 title 31’’ and inserting in lieu thereof ‘‘subfunctional

6 category 051 (Department of Defense—Military) for

7 that budget.’’

8 SEC. 926. REPEAL OF ANNUAL REPORT TO CONGRESS ON

9 CONTRACTOR REIMBURSEMENT COSTS OF

10 ENVIRONMENTAL RESPONSE ACTIONS.

11 Section 2706 of title 10, United States Code, is

12 amended—

13 (1) by striking out subsection (c); and

14 (2) by redesignating subsection (d) as sub15 section (c).

16 TITLE X—GENERAL PROVISIONS

17 Subtitle A—Financial Matters

18 SEC. 1001. APPOINTMENT AND LIABILITY OF DISBURSING

19 AND CERTIFYING OFFICIALS.

20 (a) DISBURSING OFFICIALS.—(1) Section 3321(c)(2)

21 of title 31, United States Code, is amended to read as

22 follows:

23 ‘‘(2) the Department of Defense (including dis24 bursements for the military departments and De-
113

S 727 IS

1 fense Agencies and Department of Defense Field Ac2 tivities).

3 ‘‘(3) the Coast Guard (when not operating as a

4 service within the Navy).’’.

5 (2) Section 2773(a)(1) of title 10, United States

6 Code, is amended to read as follows:

7 ‘‘(a)(1) With the approval of the Secretary of Defense

8 when the Secretary of Defense or the Secretary of a mili9 tary department considers it necessary, a disbursing offi10 cial of the Department of Defense (including the military

11 departments, Defense Agencies and Department of De12 fense Field Activities) may designate a deputy disbursing

13 official—

14 ‘‘(A) to make payments as the agent of the dis15 bursing official;

16 ‘‘(B) to sign checks drawn on disbursing ac17 counts of the Secretary of the Treasury; and

18 ‘‘(C) to carry out other duties required under

19 law.’’.

20 (3) Section 2773(b)(1) of title 10, United States

21 Code, is amended by striking out ‘‘any military depart22 ment’’ and inserting in lieu thereof ‘‘the Department of

23 Defense’’.

24 (b) APPOINTMENT OF CERTIFYING OFFICIALS AND

25 RESPONSIBILITIES OF DISBURSING OFFICIALS.—Section
114

S 727 IS

1 3325(b) of title 31, United States Code, is amended to

2 read as follows:

3 ‘‘(b) In addition to the personnel designated in sub4 section (a)(1)(B) of this section, the Secretary of Defense

5 and the Secretary of Transportation (with respect to the

6 Coast Guard when it is not operating as a service within

7 the Navy) may authorize, in writing, military personnel

8 under their respective jurisdictions to certify vouchers.’’.

9 (c) RESPONSIBILITIES AND RELIEF FROM LIABILITY

10 OF CERTIFYING OFFICIALS.—Section 3528(d) of title 31,

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

12 ‘‘(d)(1) Subsections (b) and (c) of this section do not

13 apply to disbursements of the Department of Defense (in14 cluding military departments, Defense Agencies and De15 partment of Defense Field Activities), or to disbursements

16 of the Coast Guard.

17 ‘‘(2)(A) The Secretary of Defense may relieve a cer18 tifying official who certifies disbursements of the Depart19 ment of Defense (including the military departments, De20 fense Agencies and Department of Defense Field Activi21 ties), and the Secretary of Transportation (with respect

22 to the Coast Guard when it is not operating as a service

23 within the Navy) may relieve a certifying official who cer24 tifies disbursements of the Coast Guard, from liability

25 when the Secretary concerned determines that—
115

S 727 IS

1 ‘‘(i) the certification was based on official

2 records and the official did not know, and by reason3 able diligence and inquiry could not have discovered,

4 the correct information; or

5 ‘‘(ii)(I) the obligation was incurred in good

6 faith;

7 ‘‘(II) no law specifically prohibited the payment;

8 and

9 ‘‘(III) the United States Government received

10 value for payment.

11 ‘‘(B) Before the Secretary concerned may grant relief

12 under this paragraph, he must carry out diligent collection

13 action.

14 ‘‘(3) The Secretary of Defense shall relieve a certify15 ing official who certifies disbursements of the Department

16 of Defense (including the military departments, Defense

17 Agencies and Department of Defense Field Activities) and

18 the Secretary of Transportation (with respect to the Coast

19 Guard when it is not operating as a service within the

20 Navy) shall relieve a certifying official who certifies dis21 bursements of the Coast Guard, for an overpayment—

22 ‘‘(A) to a common carrier under section 3726

23 of this title when the Secretary concerned decides

24 the overpayment occurred only because the adminis25 trative audit before payment did not verify transpor-
116

S 727 IS

1 tation rates, freight classifications, or land-grant de2 ductions; or

3 ‘‘(B) that was provided under a Government

4 bill of lading or transportation request when such

5 overpayment was the result of the use of improper

6 transportation rates or classifications or the failure

7 to deduct a proper amount under a land-grant law

8 or agreement.’’.

9 (d) RELIEF OF ACCOUNTABLE OFFICIALS AND

10 AGENTS FROM LIABILITY.—Section 3527(b) of title 31,

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

12 ‘‘(b)(1) The Secretary of Defense may relieve a

13 present or former accountable official or agent of the De14 partment of Defense (including the military departments,

15 Defense Agencies and Department of Defense Field Ac16 tivities) and the Secretary of Transportation (with respect

17 to the Coast Guard when it is not operating as a service

18 within the Navy) may relieve a present or former account19 able official or agent of the Coast Guard, responsible for

20 the physical loss or deficiency of public money, vouchers,

21 checks, securities, or records, or may authorize reimburse22 ment, from an appropriation or fund available for reim23 bursement, of the amount of the loss or deficiency paid

24 by or for the official as restitution, when—
117

S 727 IS

1 ‘‘(A) the Secretary concerned decides that the

2 official was carrying out official duties when the loss

3 or deficiency occurred;

4 ‘‘(B) the loss or deficiency was not the result of

5 an illegal, improper, or incorrect payment; and

6 ‘‘(C) the loss or deficiency was not the result of

7 fault or negligence by the official.

8 ‘‘(2)(A) The Secretary of Defense may relieve a

9 present or former disbursing official of the Department

10 of Defense (including the military departments, Defense

11 Agencies and Department of Defense Field Activities) and

12 the Secretary of Transportation (with respect to the Coast

13 Guard when it is not operating as a service within the

14 Navy) may relieve a present or former disbursing official

15 of the Coast Guard, responsible for a deficiency in an ac16 count because of an illegal, improper, or incorrect payment

17 when the Secretary concerned determines that the pay18 ment was not a result of bad faith or lack of reasonable

19 care by the official. Before the Secretary concerned may

20 grant relief under this paragraph, he must carry out dili21 gent collection action.

22 ‘‘(B) The Comptroller General shall credit the ac23 count previously debited for the deficiency when the Sec24 retary concerned grants relief. The amount of the relief

25 shall be charged—
118

S 727 IS

1 ‘‘(i) to an appropriation specifically provided for

2 the charge; or

3 ‘‘(ii) if no appropriation is specified, to the ap4 propriation or fund available for the expense of the

5 accountable function when the adjustment is carried

6 out.

7 ‘‘(C) This paragraph does not—

8 ‘‘(i) affect the liability, or authorize the relief,

9 of a payee, beneficiary, or recipient of an illegal, im10 proper, or incorrect payment; or

11 ‘‘(ii) relieve an accountable official,

12 the Secretary of Defense,

13 the Secretary of Transportation,

14 or the head of a military department, De15 fense Agency, Department of Defense Field Ac16 tivity, or the Coast Guard

17 of responsibility in carrying out collection action

18 against a payee, beneficiary, or recipient.’’.

19 (e) SPECIAL PROVISIONS.—(1) Section 1012 of title

20 37, United States Code, is amended by striking out ‘‘Sec21 retary concerned’’ both places the term appears and in22 serting in lieu thereof ‘‘Secretary of Defense’’ in each in23 stance.

24 (2) Section 1007(a) of title 37, United States Code,

25 is amended by striking out ‘‘Secretary concerned’’ and in-
119

S 727 IS

1 serting in lieu thereof ‘‘Secretary of Defense (or the Sec2 retary of Transportation with respect to an officer of the

3 Coast Guard when it is not operating as a service in the

4 Navy), or upon the denial of relief for an officer pursuant

5 to section 3527 or 3528 of title 31’’.

6 (3) Section 7863 of title 10, United States Code, is

7 amended—

8 (A) in the first sentence by striking out ‘‘dis9 bursements of public moneys or’’ and ‘‘the money

10 was paid or’’; and

11 (B) in the second sentence by striking out ‘‘dis12 bursement or’’.

13 SEC. 1002. DUE PROCESS EXEMPTIONS FOR MINOR AD14 JUSTMENTS IN INDEBTEDNESS ACTIONS.

15 Section 5514(a) of title 5, United States Code, is

16 amended—

17 (1) by redesignating paragraphs (3) and (4) as

18 paragraphs (4) and (5) respectively; and

19 (2) by inserting after paragraph (2) the follow20 ing new paragraph:

21 ‘‘(3) The provisions of paragraph (2) of this

22 subsection do not apply to routine adjustments of

23 pay that are attributable to clerical or administrative

24 errors or delays in processing pay documents that

25 have occurred within the four pay periods preceding
120

S 727 IS

1 the adjustment or to any adjustment that amounts

2 to fifty dollars or less, provided that at the time of

3 such adjustment, or as soon thereafter as practical,

4 the individual is provided written notice of the na5 ture and the amount of the adjustment and a point

6 of contact for questioning or contesting such adjust7 ment.’’.

8 SEC. 1003. AMENDMENTS TO CHAPTER 131, TITLE 10,

9 UNITED STATES CODE, AND TO THE NA10 TIONAL DEFENSE AUTHORIZATION ACT FOR

11 FISCAL YEAR 1991.

12 (a)(1) Chapter 131 of title 10, United States Code,

13 is amended by adding at the end the following new sec14 tions:

15 ‘‘§ 2219. Authority to incur readiness obligations

16 ‘‘(a) AUTHORITY.—When the Secretary of Defense

17 determines that it is necessary to do so, the Secretary may

18 incur necessary obligations to preserve the readiness of the

19 Armed Forces in excess of contract authority and amounts

20 available in appropriations of the Department of Defense.

21 This authority may be exercised only—

22 ‘‘(1) to the extent provided in an appropriations

23 Act;

24 ‘‘(2) during the last two quarters of a fiscal

25 year; and
121

S 727 IS

1 ‘‘(3) with the approval of the Office of Manage2 ment and Budget.

3 ‘‘(b) LIMITATIONS.—(1) The authority provided by

4 subsection (a) may be exercised only for obligations for—

5 ‘‘(A) essential readiness functions and activities

6 of the Armed Forces, including activities associated

7 with mission critical proficiency training, scheduled

8 unit exercises;

9 ‘‘(B) the acquisition of spare parts that are

10 critical to the missions of the Armed Forces; and

11 ‘‘(C) such other activities that the Secretary of

12 Defense determines cannot be postponed without a

13 major impact on the readiness of the Armed Forces.

14 ‘‘(2) In any fiscal year in which obligations are in15 curred under the authority of this section the total of such

16 obligations shall not be more than 50% of the total

17 amount appropriated to the Department of Defense for

18 Operation and Maintenance, Budget Activity 1 for such

19 fiscal year.

20 ‘‘(c) BUDGET PROPOSALS TO LIQUIDATE OBLIGA21 TIONS.—Any proposal transmitted by the President to the

22 Congress to liquidate costs incurred under the provisions

23 of this section shall be accompanied by offsetting rescis24 sion proposals, unless the President determines that emer25 gency conditions exits which preclude such rescissions.
122

S 727 IS

1 ‘‘(d) NOTIFICATION TO CONGRESS.—The Secretary

2 of Defense shall immediately notify the Congress of the

3 use of any authority under this section.’’.

4 ‘‘§ 2220. Closed and expired accounts: procedures

5 ‘‘SUBDIVIDED APPROPRIATIONS.—In the case of ac6 counts of the Department of Defense, Shipbuilding and

7 Conversion, Navy and Weapons Procurement, Navy in

8 which amounts have been appropriated as subdivisions

9 within an appropriation, when a current account of the

10 Department of Defense is to be charged under the provi11 sions of section 1553(b)(1) of title 31, United States Code,

12 and appropriations have been made in that account on a

13 subdivided basis, the phrase ‘any current appropriation ac14 count of the agency available for the same purpose’ as

15 used in section 1553(b)(1) of title 31 shall mean any sub16 division of the currently available appropriation that is to

17 be charged. Charges that are made may be allocated

18 among the subdivisions of such a currently available ap19 propriation. In calculating the amounts chargeable to such

20 a currently available appropriation, the amount equal to

21 one percent of the total appropriations for that appropria22 tion shall be one percent of the cumulative total of the

23 subdivisions of the appropriation being charged.’’.
123

S 727 IS

1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end thereof the fol3 lowing new items:

‘‘2219. Authority to incur readiness obligations.

‘‘2220. Closed and expired accounts: procedures.’’.

4 (b) AMENDMENT TO NATIONAL DEFENSE AUTHOR5 IZATION ACT FOR FISCAL YEAR 1991.—Section 1405(b)

6 of the National Defense Authorization Act for Fiscal Year

7 1991 (31 U.S.C. 1551 note) is amended by adding at the

8 end the following new paragraph:

9 ‘‘(9) OBLIGATIONS AND ADJUSTMENTS OF OB10 LIGATIONS FOR EXPIRED OR CLOSED ACCOUNTS

11 THAT MAY BE IN VIOLATION OF THE ANTI DEFI12 CIENCY ACT.—(A) Subject to subparagraphs (b), (c),

13 (D), (E), and (F), in the case of an appropriation

14 account for a fiscal year before fiscal year 1992 for

15 which the period of availability for obligation has ex16 pired, including an appropriation account that has

17 been closed under the provisions of section 1552(a)

18 of title 31, United States Code, or paragraph (4) of

19 this section, an obligation and an adjustment to an

20 obligation may be charged to any current appropria21 tion account of the Department of Defense that is

22 available for the same purpose as the expired or

23 closed account if—
124

S 727 IS

1 ‘‘(i) it appears, for a review of the account2 ing records of the Department of Defense, that

3 the expired or closed account may have been

4 over expended or over obligated in violation of

5 section 1341 of title 31, United States Code;

6 ‘‘(ii) an investigation by the Department of

7 Defense will be necessary to determine whether,

8 in fact, a violation of section 1341 of title 31,

9 United States Code, has occurred with respect

10 to such expired or closed account;

11 ‘‘(iii) the obligation would have been prop12 erly chargeable (except as to amount) to the ex13 pired or closed account before the end of the

14 period of availability of the account; and

15 ‘‘(iv) the obligation is not otherwise prop16 erly chargeable to any current appropriation ac17 count of the Department of Defense.

18 ‘‘(B) The total amount charged to a current ap19 propriation account under subparagraph (A) may

20 not exceed an amount equal to the lesser of—

21 ‘‘(i) one percent of the total amount of the

22 appropriations for that account; or

23 ‘‘(ii) one percent of that total amount of

24 the appropriations for the expired or closed ac25 count.
125

S 727 IS

1 ‘‘(C) No obligation or adjustment to an obliga2 tion may be charged pursuant to the provisions of

3 this paragraph unless it has been determined by the

4 Department of Defense that the obligation or adjust5 ment cannot be charged pursuant to paragraph (7)

6 or (8) of this section, due to the need to conduct the

7 investigation described in subparagraph (A)(ii).

8 ‘‘(D) No obligation or adjustment to an obliga9 tion may be charged pursuant to the provisions of

10 this paragraph until the Committee on Armed Serv11 ices of the Senate, the Committee on National Secu12 rity of the House of Representatives and the Com13 mittees on Appropriations of the Senate and House

14 Representatives are notified of the intent to make

15 such a charge and to initiate an investigation as de16 scribed in subpart (A)(ii), and a period of 30 days

17 elapses after the notification is submitted.

18 ‘‘(E) If the investigation described in subpara19 graph (A)(ii) subsequently discloses that, in fact,

20 there was no violation of section 1341 of title 31,

21 United States Code, then in the case of an expired

22 account that has not been closed, any charge to a

23 current account that was made pursuant to the pro24 visions of this paragraph shall be reversed and re25 corded against the expired account which would have
126

S 727 IS

1 been charged but for the need to conduct an inves2 tigation.

3 ‘‘(F) If the investigation described in subpara4 graph (A)(ii) subsequently discloses that, in fact,

5 there was a violation of section 1341 of title 31,

6 United States Code, then notice of the violation shall

7 be submitted promptly as required by section 1351

8 of title 31, United States Code.’’.

9 SEC. 1004. CLAIMS OF PERSONNEL FOR PERSONAL PROP10 ERTY DAMAGE OR LOSS.

11 (a) CLAIMS RESULTING FROM EMERGENCY EVACU12 ATION OR OTHER EXTRAORDINARY CIRCUMSTANCES.—

13 Section 3721(c) of title 31, United States Code, is amend14 ed—

15 (1) by redesignating paragraph (3) as para16 graph (4); and

17 (2) by inserting after paragraph (2) the follow18 ing new paragraph:

19 ‘‘(3) The Secretary of Defense or, for a military

20 department not part of the Department of Defense,

21 the Secretary of that military department, may

22 waive the settlement and payment limitation of para23 graph (b) of this section for claims by personnel

24 under the jurisdiction of the concerned Secretary for

25 damage or loss of personal property where the con-
127

S 727 IS

1 cerned Secretary determines that such claims arose

2 from an emergency evacuation or from extraordinary

3 circumstances that warrant such a waiver. The Sec4 retary of Defense or, for a military department not

5 part of the Department of Defense, the Secretary of

6 that military department, shall prescribe regulations

7 and may delegate his or her authority for the admin8 istration of this paragraph.’’.

9 (b) RETROACTIVE APPLICATION.—The amendment

10 made by this section shall apply with respect to claims

11 arising on or after June 1, 1991.

12 Subtitle B—Counter-Drug

13 Activities

14 SEC. 1011. CLARIFICATION AND AMENDMENT OF AUTHOR15 ITY FOR FEDERAL SUPPORT OF DRUG INTER16 DICTION AND COUNTERDRUG ACTIVITIES OF

17 THE NATIONAL GUARD.

18 (a) IN GENERAL.—Section 112 of title 32, United

19 States Code, is amended to read as follows:

20 ‘‘§ 112. Drug interdiction and counterdrug activities

21 of the National Guard

22 ‘‘(a) DEFINITIONS.—For purposes of this section—

23 ‘‘(1) the term ‘drug interdiction and

24 counterdrug activities’ means the use of National

25 Guard personnel, while not in Federal service, in any
128

S 727 IS

1 drug interdiction and counterdrug law enforcement

2 activities authorized by State law and requested by

3 the Governor;

4 ‘‘(2) the term ‘Governor of a State’ means, in

5 the case of the District of Columbia, the Command6 ing General of the National Guard of the District of

7 Columbia,

8 ‘‘(3) the term ‘State’ means each of the several

9 States, Territories, the District of Columbia, or the

10 Commonwealth of Puerto Rico, and

11 ‘‘(4) the term ‘counterdrug duty’ means full12 time National Guard duty under section 502(f) of

13 this title for the purpose of drug interdiction and

14 counterdrug activities pursuant to a plan submitted

15 and approved under subsection (c) of this section.

16 ‘‘(b) FUNDING ASSISTANCE; AUTHORIZATION OF

17 FULL-TIME NATIONAL GUARD DUTY.—(1) The Secretary

18 of Defense may, under regulations prescribed by the Sec19 retary, provide to the Governor of a State who submits

20 a plan to the Secretary under subsection (c) sufficient

21 funds for—

22 ‘‘(A) the pay, allowances, clothing, subsistence,

23 gratuities, travel, and related expenses, as author24 ized by State law, of personnel of the National
129

S 727 IS

1 Guard of that State used for the purpose of drug

2 interdiction and counterdrug activities;

3 ‘‘(B) the operation and maintenance of the

4 equipment and facilities of the National Guard of

5 that State used for the purpose of drug interdiction

6 and counterdrug activities; and

7 ‘‘(C) the procurement of services and leasing of

8 equipment for the National Guard of that State used

9 for the purpose of drug interdiction and counterdrug

10 activities.

11 ‘‘(2) Under regulations to be prescribed by the Sec12 retary, to the extent requested by a Governor in the plan

13 required under subsection (c) the Secretary may, in lieu

14 of providing funds to the Governor for the purposes speci15 fied in subsection (1)(A), allocate funds for the pay, allow16 ances, clothing, subsistence, gratuities, travel, and related

17 expenses of personnel of the National Guard of that State

18 who perform counterdrug duty under section 502(f) of this

19 title pursuant to a plan submitted and examined as re20 quired by this section.

21 ‘‘(3) Not more than 4000 members of the National

22 Guard may be on counterdrug duty under this section for

23 more than 180 days, or kept on duty under State author24 ity for more than 180 days for drug interdiction and

25 counterdrug activities with State pay and allowances reim-
130

S 727 IS

1 bursed under this section, at the end of any fiscal year.

2 The Secretary of Defense may increase the end strength

3 authorized in the preceding sentence by not more than

4 20% of that end strength at the end of any fiscal year

5 if the Secretary determines that such an increase is nec6 essary in the national interest because of unforeseen

7 needs.

8 ‘‘(c) PLAN REQUIREMENTS; EXAMINATION OF

9 PLAN.—(1) A State Drug Interdiction and Counterdrug

10 Activities Plan shall—

11 ‘‘(A) specify how personnel of the National

12 Guard of that State are to be used in drug interdic13 tion and counterdrug activities;

14 ‘‘(B) certify that those operations are to be con15 ducted at a time when the personnel involved are not

16 in Federal service;

17 ‘‘(C) certify that participation by National

18 Guard personnel in those operations is service in ad19 dition to training required under section 502 of this

20 title;

21 ‘‘(D) include a certification by the attorney gen22 eral or equivalent civil official of the State that the

23 use of the National Guard for the activities proposed

24 thereunder is authorized by and consistent with

25 state law; and
131

S 727 IS

1 ‘‘(E) certify that the Governor or a civil law en2 forcement official of the State designated by the

3 Governor has determined that any activities in con4 junction with Federal law enforcement agencies in5 cluded in the plan serve a state law enforcement

6 purpose.

7 ‘‘(2) Before funds are provided to the Governor of

8 a State under this section, or members of the National

9 Guard of that State are ordered to counterdrug duty, the

10 Secretary of Defense shall examine the adequacy of the

11 plan submitted by the Governor under subsection (1).

12 ‘‘(3) Except as provided in paragraph (4), the Sec13 retary shall carry out subsection (2) in consultation with

14 the Director of National Drug Policy.

15 ‘‘(4) Paragraph (3) shall not apply if—

16 ‘‘(A) the Governor of a State submits a plan

17 under subsection (1) that is substantially the same

18 as a plan submitted for that State for a previous fis19 cal year; and

20 ‘‘(B) funds were provided to the State or ex21 pended for counterdrug duty pursuant to such plan.

22 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this

23 section shall be construed as a limitation on the authority

24 of any unit of the National Guard of a State, when such

25 unit is not in Federal service, to perform law enforcement
132

S 727 IS

1 functions authorized to be performed by the National

2 Guard by the laws of the State concerned.’’.

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

4 at the beginning of chapter 1 of title 32, United States

5 Code, is amended by amending the item relating to section

6 112 to read as follows:

‘‘112. Drug interdiction and counterdrug activities of the National Guard.’’.

7 SEC. 1012. AUTHORIZATION TO CONDUCT OUTREACH PRO8 GRAMS TO REDUCE DEMAND FOR ILLEGAL

9 DRUGS.

10 (a) IN GENERAL.—Chapter 18 of title 10, United

11 States Code, is amended by adding at the end the follow12 ing new section:

13 ‘‘§ 382. Outreach programs to reduce demand for ille14 gal drugs

15 ‘‘(a) OUTREACH PROGRAMS.—The Secretary of De16 fense may conduct outreach programs to reduce the de17 mand for illegal drugs among youths. The programs may

18 include outreach activities, either separately or jointly, by

19 both the active and reserve components of the armed

20 forces.

21 ‘‘(b) FUNDING.—Funds available to the Department

22 of Defense for drug interdiction and counter-drug activi23 ties may be used for carrying out the outreach programs

24 described in subsection (a).’’.
133

S 727 IS

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

2 at the beginning of chapter 18 of title 10, United States

3 Code, is amended by adding at the end the following new

4 item:

‘‘382. Outreach programs to reduce demand for illegal drugs.’’.

5 Subtitle C—Other Matters

6 SEC. 1021. AUTHORIZATION OF TRANSPORTATION BE7 TWEEN RESIDENCE AND PLACE OF EMPLOY8 MENT.

9 Section 1344(d) of title 31, United States Code, is

10 amended—

11 (1) in paragraph (1), by striking out ‘‘name

12 and’’;

13 (2) in paragraph (2), by striking out ‘‘90 addi14 tional calendar days.’’ and ‘‘90 calendar days,’’ and

15 inserting in lieu thereof ‘‘one year.’’ and ‘‘one year,’’

16 respectively; and

17 (3) in paragraph (3), by striking out the period

18 at the end of the first sentence and inserting in lieu

19 thereof ‘‘, with respect to the Department of De20 fense, the Secretary of Defense may delegate the au21 thority under subsection (b)(8) to the Heads of

22 Department of Defense Components, and with re23 spect to the Military Departments, the Service Sec24 retary may delegate the authority under subsection
134

S 727 IS

1 (b)(8) to an officer in the department at or above

2 the level of the Service Vice Chief.’’.

3 SEC. 1022. NATIONAL GUARD CIVILIAN YOUTH OPPORTUNI4 TIES PROGRAM.

5 Section 1091 of the National Defense Authorization

6 Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amend7 ed—

8 (1) by amending subsection (a) to read as fol9 lows:

10 ‘‘(a) PROGRAM AUTHORITY.—The Secretary of De11 fense, acting through the Chief of the National Guard Bu12 reau, may conduct a program to be known as the

13 ‘‘National Guard Civilian Youth Opportunities Program.’’;

14 (2) by amending subsection (b) to read as fol15 lows:

16 ‘‘(b) PURPOSE.—The purpose of the program is to

17 improve the life skills and employment potential of civilian

18 youth who cease to attend secondary school before gradua19 tion, through military-based training, including supervised

20 work experience in community service and conservation

21 projects, provided by the National Guard.’’;

22 (3) by striking out ‘‘pilot’’ in each place it ap23 pears;

24 (4) by striking out ‘‘conducted under the pilot

25 program’’ in each place it appears; and
135

S 727 IS

1 (5) by striking out ‘‘under the pilot program’’

2 in the first sentence of subsection (g)(1).

3 (b) REQUISITION AND USE OF GENERAL SERVICES

4 ADMINISTRATION VEHICLES.—Section 1091(h) of the Na5 tional Defense Authorization Act for Fiscal Year 1993 (32

6 U.S.C. 501 note) is amended by adding at the end the

7 following new paragraph:

8 ‘‘(3) The conduct of a program by a State

9 under an agreement entered into pursuant to sub10 section (d) of this section shall be considered an offi11 cial government purpose for the purpose of req12 uisitioning and use of government vehicles pursuant

13 to section 211 of the Federal Property and Adminis14 trative Services Act of 1949 (40 U.S.C. 491). The

15 United States Property and Fiscal Officer of the

16 National Guard of the jurisdiction concerned shall

17 be considered an official of a requisitioning agency

18 for the purpose of such section 491.’’.

19 SEC. 1023. CLARIFICATION OF AUTHORITY FOR REQ20 UISITIONING AND LEASE OF GENERAL SERV21 ICES VEHICLES FOR THE NATIONAL GUARD.

22 (a) IN GENERAL.—Chapter 7 of title 32, United

23 States Code is amended by adding at the end the following

24 new section:
136

S 727 IS

1 ‘‘§ 717. Requisitioning and use of General Services

2 Administration vehicles

3 ‘‘The training and administration of the National

4 Guard by the States, Territories, Puerto Rico, and the

5 District of Columbia, in accordance with this title and reg6 ulations prescribed under this title, shall be considered an

7 official government purpose for the purpose of requisition8 ing and use of government vehicles pursuant to section

9 211 of the Federal Property and Administrative Services

10 Act of 1949 (40 U.S.C. 491). The United States Property

11 and Fiscal Officer of the National Guard of the jurisdic12 tion concerned shall be considered an official of a req13 uisitioning agency for the purposes of such section 491.’’.

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

15 at the beginning of chapter 7 of title 32 is amended by

16 inserting at the end the following new item:

‘‘717. Requisitioning and use of General Services Administration vehicles.’’.

17 SEC. 1024. ARMED FORCES HISTORICAL PRESERVATION

18 PROGRAM.

19 Section 2572(b)(1) of title 10, United States Code

20 is amended by striking out ‘‘and restoration services’’ and

21 inserting in lieu thereof ‘‘restoration, conservation, and

22 preservation services, and for educational programs, sup23 plies and new upgraded or renovated conservation equip24 ment, facilities and systems within existing structures,’’.
137

S 727 IS

1 SEC. 1025. AMENDMENTS TO EDUCATION LOAN REPAY2 MENT PROGRAMS.

3 (a) GENERAL EDUCATION LOAN REPAYMENT PRO4 GRAM.—Section 2171(a)(1) of title 10, United States

5 Code, is amended—

6 (1) by striking out ‘‘or’’ at the end of subpara7 graph (A);

8 (2) by redesignating subparagraph (B) as sub9 paragraph (C); and

10 (3) by inserting after subparagraph (A) the fol11 lowing new subparagraph:

12 ‘‘(B) any loan made under part D of such

13 title (the William D. Ford Federal Direct Loan

14 Program, 20 U.S.C. 1087a et seq.); or’’.

15 (b) EDUCATION LOAN REPAYMENT PROGRAM: EN16 LISTED MEMBERS OF SELECTED RESERVE WITH CRITI17 CAL SPECIALTIES.—Section 16301(a)(1) of title 10,

18 United States Code, is amended—

19 (1) by striking out ‘‘or’’ at the end of subpara20 graph (A);

21 (2) by redesignating subparagraph (B) as sub22 paragraph (C); and

23 (3) by inserting after subparagraph (A) the fol24 lowing new subparagraph:
138

S 727 IS

1 ‘‘(B) any loan made under part D of such

2 title (the William D. Ford Federal Direct Loan

3 Program, 20 U.S.C. 1087a et seq.); or’’.

4 (c) EDUCATION LOAN REPAYMENT PROGRAM:

5 HEALTH PROFESSIONS OFFICERS SERVING IN SELECTED

6 RESERVE WITH WARTIME CRITICAL MEDICAL SKILL

7 SHORTAGES.—Section 16302(a) of title 10, United States

8 Code, is amended—

9 (1) by redesignating paragraphs (2) through

10 (4) as paragraphs (3) through (5) respectively; and

11 (2) by inserting after paragraph (1) the follow12 ing new paragraph:

13 ‘‘(2) any loan made under part D of such title

14 (the William D. Ford Federal Direct Loan Program,

15 20 U.S.C. 1087a et seq.); or’’.

16 TITLE XI—MATTERS RELATING

17 TO ALLIES, OTHER NATIONS,

18 AND INTERNATIONAL ORGA19 NIZATIONS

20 SEC. 1101. BURDENSHARING CONTRIBUTIONS: ACCOUNT21 ING.

22 Section 2350j of title 10, United States Code, is

23 amended—

24 (1) by amending subsection (b) to read as

25 follows:
139

S 727 IS

1 ‘‘(b) ACCOUNTING.—Contributions which are not re2 lated to Security Assistance and which are accepted from

3 the Republic of Korea under subsection (a) shall be placed

4 in a special account. Such contributions may be accepted,

5 managed, and expended in dollars or in the currency of

6 the host nation, and shall be available for the purposes

7 specified in subsection (c) until expended.’’; and

8 (2) in subsection (d), by striking out ‘‘credited

9 under subsection (b) to an appropriation account of

10 the Department of Defense’’ and inserting in lieu

11 thereof ‘‘placed in the special account established

12 under subsection (b)’’.

13 SEC. 1102. RELOCATION OF UNITED STATES ARMED

14 FORCES IN JAPAN AND THE REPUBLIC OF

15 KOREA.

16 (a) IN GENERAL.—Subchapter II of chapter 138 of

17 title 10, United States Code, is amended by adding at the

18 end the following new section:

19 ‘‘§ 2350k. Relocation of United States armed forces in

20 Japan and the Republic of Korea

21 ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The

22 Secretary of Defense is authorized to accept contributions

23 from Japan and the Republic of Korea in dollars or in

24 the currency of the host nation to be expended for the

25 purposes specified in subsection (b).
140

S 727 IS

1 ‘‘(b) EXPENDITURE OF CONTRIBUTIONS.—The Sec2 retary of Defense may expend contributions accepted

3 under subsection (a) only in payment of costs incurred be4 cause of or in support of the relocation of elements of the

5 United States armed forces from or to any location within

6 the host nation. These costs include—

7 ‘‘(1) design and construction services, including

8 development and review of statements of work, mas9 ter plans and designs, acquisition of construction,

10 and supervision and administration of contracts re11 lating thereto;

12 ‘‘(2) transportation and movement services, in13 cluding packing, unpacking, storage, and transpor14 tation;

15 ‘‘(3) communications services, including instal16 lation and deinstallation of communications equip17 ment, transmission of messages and data, and rental

18 of transmission capability;

19 ‘‘(4) supply and administration, including ac20 quisition of expendable office supplies, rental of of21 fice space, budgeting and accounting services, audit22 ing services, secretarial services, and translation

23 services;

24 ‘‘(5) personal costs, including salary, allowances

25 and overhead of employees whether full-time or part-
141

S 727 IS

1 time, temporary or permanent (except for military

2 personnel), and travel and temporary duty costs; and

3 ‘‘(6) all other clearly identifiable expenses di4 rectly related to relocation.

5 ‘‘(c) METHOD OF CONTRIBUTION.—Contributions

6 may be accepted in the following forms:

7 ‘‘(1) Irrevocable letter of credit issued by a fi8 nancial institution acceptable to the Treasurer of the

9 United States;

10 ‘‘(2) Drawing rights on a commercial bank ac11 count established and funded by the host nation,

12 which account is blocked such that funds deposited

13 cannot be withdrawn except by or with the approval

14 of the United States; or

15 ‘‘(3) Cash, which shall be deposited in a sepa16 rate Trust Fund in the United States Treasury

17 pending expenditure and shall accrue interest in ac18 cordance with section 9702 of title 31, United States

19 Code.

20 ‘‘(d) REPORTS.—Not later than 30 days after the end

21 of each fiscal year, the Secretary of Defense shall submit

22 to the Congress a report specifying—

23 ‘‘(1) the amount of the contributions accepted

24 by the Secretary during the preceding fiscal year
142

S 727 IS

1 under subsection (a) and the purposes for which the

2 contribution were made; and

3 ‘‘(2) the amount of the contributions expended

4 by the Secretary during the preceding fiscal year

5 and the purposes for which the contributions were

6 expended.’’.

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

8 at the beginning of subchapter II of chapter 138 of title

9 10, United States Code, is amended by adding at the end

10 the following new item:

‘‘2350k. Relocation of United States armed forces in Japan and the Republic

of Korea.’’.

11 (c) EFFECTIVE DATE.—This section shall take effect

12 on October 1, 1995, and shall apply to contributions for

13 relocation of United States armed forces in or to Japan

14 and the Republic of Korea received on or after such date.

15 SEC. 1103. RATIONALIZATION, STANDARDIZATION AND

16 INTEROPERABILITY.

17 Section 515(a)(6) of the Foreign Assistance Act of

18 1961 (22 U.S.C. 2321i(a)(6)) is amended to read as fol19 lows:

20 ‘‘(6) promoting rationalization, standardization,

21 interoperability, and other defense cooperation meas22 ures; and’’
143

S 727 IS

1 SEC. 1104. COST OF LEASED ITEMS WHICH HAVE BEEN DE2 STROYED BY THE LESSEE.

3 Section 61 of the Arms Export Control Act (22

4 U.S.C. 2796) is amended—

5 (1) by amending subsection (a)(3) to read as

6 follows:

7 ‘‘(3) the country or international organization

8 has agreed to pay in United States dollars all costs

9 incurred by the United States Government in leasing

10 such articles, including reimbursement for deprecia11 tion of such articles while leased, the costs of res12 toration or replacement if the articles are damaged

13 while leased, and, if the articles are lost or destroyed

14 while leased—

15 ‘‘(A) in the event the United States in16 tends to replace the item lost or destroyed, the

17 replacement cost (less any depreciation in the

18 value) of the articles; or

19 ‘‘(B) in the event the United States does

20 not intend to replace the item lost or destroyed,

21 an amount not less than the actual value (less

22 any depreciation in the value) specified in the

23 lease agreement.’’; and

24 (2) by adding at the end the following new sub25 section:
144

S 727 IS

1 ‘‘(d) The Secretaries of the military departments may

2 use amounts paid by the country or international organi3 zation pursuant to subsection (a)(3)(A) to replace the item

4 lost or destroyed and amounts paid by the country or

5 international organization pursuant to subsection

6 (a)(3)(B) to fund upgrades or modifications of similar sys7 tems of the military departments.’’.

8 SEC. 1105. EXCHANGE AND RETURNS OF DEFENSE ARTI9 CLES PREVIOUSLY TRANSFERRED PURSUANT

10 TO THE ARMS EXPORT CONTROL ACT.

11 (a) Section 21 of the Arms Export Control Act (22

12 U.S.C. 2761) is amended by adding at the end the follow13 ing new subsection:

14 ‘‘(l)(1) Subject to paragraph (2) of this subsection,

15 the President may acquire from an eligible foreign country

16 or international organization a defense article, previously

17 transferred to such country or organization in accordance

18 with this Act, as follows:

19 ‘‘(A) a repairable defense article other than an

20 end item to be exchanged or repaired or new spare

21 part or component of the same type that is available

22 in the stocks of the Department of Defense; or

23 ‘‘(B) a defense article, other than significant

24 military equipment, which is in fully functioning

25 condition without need of repair or rehabilitation.
145

S 727 IS

1 ‘‘(2) The authority of the President to accept the re2 turn of a defense article as provided in paragraph (1) of

3 this subsection is not subject to chapter 137 of title 10,

4 United States Code, or any other provision relating to the

5 conclusion of contracts. The following conditions apply to

6 the exercise of such authority:

7 ‘‘(A) The Department of Defense must have a

8 requirement for such defense article or must be ac9 cepting the return for subsequent transfer to an10 other eligible foreign country or international organi11 zation pursuant to a Letter of Offer and Acceptance

12 implemented in accordance with this Act.

13 ‘‘(B) The Department of Defense must have

14 available sufficient funds either (i) authorized and

15 appropriated for such purpose, or (ii) provided by

16 another eligible purchaser pursuant to a Letter of

17 Offer and Acceptance implemented in accordance

18 with this Act.

19 ‘‘(C) The eligible foreign country or inter20 national organization receiving a defense article in

21 exchange for a repaired or new spare part or compo22 nent under subparagraph (1)(A) of this subsection

23 shall, upon return to and acceptance by the United

24 States Government of the repairable defense article,

25 be charged the total cost associated with the repair
146

S 727 IS

1 and replacement transaction. The cost should be the

2 same as that charged the United States Armed

3 Forces for a similar repair and replacement trans4 action, plus an administrative surcharge in accord5 ance with subsection (e)(1)(A) of this section.

6 ‘‘(D) Upon acquisition and acceptance by the

7 United States Government of a defense article under

8 subparagraph (1)(B) of this subsection, the appro9 priate Foreign Military Sales account of the provider

10 will be credited to reflect the transaction.

11 ‘‘(3) Under the direction of the President, the Sec12 retary of Defense shall promulgate regulations to imple13 ment the provisions of this subsection.’’.

14 SEC. 1106. FOREIGN DISASTER ASSISTANCE.

15 Subsection 404(c) of title 10, United States Code, is

16 amended by striking out ‘‘Not’’ at the beginning of the

17 first sentence and inserting in lieu thereof ‘‘In case of any

18 operation which is expected to exceed $10 million in cost

19 or last longer than three months, not’’.

20 SEC. 1107. HUMANITARIAN ASSISTANCE.

21 Section 2551(e) of title 10, United States Code, is

22 amended to read as follows:

23 ‘‘(e) STATUS REPORTS.—(1) The Secretary of De24 fense shall submit, at the time of the budget submission

25 by the President, a report to the Committees on Armed
147

S 727 IS

1 Services and Foreign Relations of the Senate and the

2 Committees on National Security and International Rela3 tions of the House of Representatives on the provision of

4 humanitarian assistance pursuant to this section for the

5 prior fiscal year program.

6 ‘‘(2) Each report required by paragraph (1) shall

7 cover all provisions of law, contained in defense authoriza8 tion acts, that authorize appropriations for humanitarian

9 assistance to be available for the purposes of this section.

10 Subsequent reports shall not be submitted after the obliga11 tion of all amounts appropriated pursuant to such provi12 sions of law.

13 ‘‘(3) Required reports shall contain the following in14 formation regarding the previous fiscal year’s activities:

15 ‘‘(A) The total amount of funds obligated for

16 humanitarian relief under this section.

17 ‘‘(B) The number of scheduled and completed

18 transportation missions for purposes of providing

19 humanitarian assistance under this section.

20 ‘‘(C) A description of any transfer of excess

21 nonlethal supplies of the Department of Defense

22 made available for humanitarian relief purposes

23 under section 2547 of this title. The description

24 shall include the date of the transfer, to whom the
148

S 727 IS

1 transfer is made, and the quantity of items trans2 ferred.’’.

3 SEC. 1108. HUMANITARIAN ASSISTANCE PROGRAM FOR

4 CLEARING LANDMINES.

5 Section 1413 of the National Defense Authorization

6 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

7 2913) is amended—

8 (1) in subsection (a) by inserting after ‘‘Sec9 retary of Defense’’ ‘‘, with the concurrence of the

10 Secretary of State,’’; and

11 (2) by amending subsection (d) to read as fol12 lows:

13 ‘‘(d) USE OF FUNDS.—During Fiscal Year 1996,

14 funds appropriated to the Department of Defense which

15 are available for humanitarian assistance may be used—

16 ‘‘(1) for activities to support the clearing of

17 landmines for humanitarian purposes, including ac18 tivities related to the furnishing of education, train19 ing, and technical assistance;

20 ‘‘(2) for the provision of equipment and tech21 nology by transfer or lease to a foreign government

22 that is participating in a landmine clearing program

23 under this section;

24 ‘‘(3) for contributions to nongovernmental and

25 international organization that have experience in
149

S 727 IS

1 the clearing of landmines to support the activities

2 described in subsection (a); and

3 ‘‘(4) for rudimentary construction and repair of

4 facilities in support of the demining program.’’.

5 SEC. 1109. REIMBURSEMENTS, CREDITS, AND LIMITED PAY6 MENTS FOR ASSESSMENTS RELATING TO

7 INTERNATIONAL PEACEKEEPING AND PEACE

8 ENFORCEMENT ACTIVITIES.

9 (a) IN GENERAL.—Subchapter I of chapter 20 of title

10 10, United States Code, is amended by adding at the end

11 the following new section:

12 ‘‘§ 406. International peacekeeping and international

13 peace enforcement; support involving

14 United States combat forces

15 ‘‘(a) AUTHORITY.—Notwithstanding the provisions of

16 any other law, the President is authorized to provide as17 sistance, including personnel, supplies, services, and equip18 ment, in support of international peacekeeping and peace

19 enforcement activities, and to make contributions to pay

20 assessments on behalf of the United States for such oper21 ations conducted by the United Nations in which United

22 States combat forces participate.

23 ‘‘(b) REIMBURSEMENT PROVISIONS.—Whenever as24 sistance is provided under subsection (a), the President

25 shall require reimbursement to the United States for the
150

S 727 IS

1 agreed costs of providing such support, subject to the fol2 lowing provisions:

3 ‘‘(1) In exceptional circumstances, and when

4 the President finds it to be in the national interest,

5 he may waive, in whole or in part, the requirement

6 of such reimbursement.

7 ‘‘(2) In the case of a reimbursement from the

8 United Nations, such reimbursement may be made,

9 subject to section (c)(1), either directly, or indirectly

10 in the form of the receipt of a credit to be applied

11 against the United States Government of any assess12 ment due and owing.

13 ‘‘(c) CREDITING OF RECEIPTS.—(1) The President is

14 authorized to receive reimbursement from any source for

15 the costs incurred by the United States for assistance pro16 vided pursuant to subsection (a). Any reimbursements re17 ceived shall first be used to reimburse the appropriate de18 partment of the Department of Defense for any incremen19 tal costs incurred in the provision of such assistance. Re20 imbursements received for incremental costs shall be cred21 ited, at the option of the appropriate department of the

22 Department of Defense, either to the appropriation, fund,

23 or account utilized in incurring the obligation, or to an

24 appropriate appropriation, fund, or account currently
151

S 727 IS

1 available for the purpose for which the expenditures were

2 made.

3 ‘‘(2) An account known as the International Peace4 keeping and Peace Enforcement Activities Account is

5 hereby established in the Treasury of the United States.

6 Moneys appropriated to or deposited in this Account shall

7 be utilized for the purpose of paying assessments for

8 United Nations operations made under this section and

9 shall remain available until expended. To the extent that

10 the amount of any reimbursement received is in excess of

11 reimbursement for incremental costs made under sub12 section (c)(1), such excess funds may be credited to the

13 Account.

14 ‘‘(d) ANNUAL REPORTING REQUIREMENT.—The

15 President shall submit to Congress not later than Feb16 ruary 1 of each year a report for the previous fiscal year

17 containing—

18 ‘‘(1) a description of each international peace19 keeping or peace enforcement activity supported

20 under the authority of this section;

21 ‘‘(2) the types of assistance provided under this

22 section, by operation or activity supported; and

23 ‘‘(3) the dollar value, by operation or activity

24 supported, of all assistance provided, reimburse25 ments received, reimbursements waived, credits
152

S 727 IS

1 taken, and obligations incurred in the International

2 Peacekeeping and Peace Enforcement Activities Ac3 count.

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

5 are hereby authorized to be appropriated to the Depart6 ment of Defense, funds for the payment of assessments

7 for United Nations operations made under the authority

8 of this section.

9 ‘‘(f) LIMITATIONS ON THE PAYMENT OF ASSESS10 MENTS.—(1) Payments for assessments made under sub11 section (a) may be provided only for an operation con12 ducted by the United Nations for which the Secretary of

13 Defense has primary responsibility.

14 ‘‘(2) Payments for assessments made under sub15 section (a) shall not be available in an amount which is

16 greater than 25 percent of the total of all assessed con17 tributions for such operations.

18 ‘‘(g) AUTHORITY INAPPLICABLE WHEN UNITED

19 STATES COMBAT FORCES ARE NOT INVOLVED.—The au20 thority in subsection (a) to pay United Nations assess21 ments for international peacekeeping and international

22 peace enforcement activities of the United Nations may

23 not be construed as authorizing payment of United Na24 tions assessments for any such activity in which United

25 States combat forces do not participate.
153

S 727 IS

1 ‘‘(h) DEFINITIONS.—The following definitions apply

2 in this section:

3 ‘‘(1) The term ‘international peacekeeping’

4 means those international peacekeeping activities

5 performed pursuant to Chapter VI of the United

6 Nations Charter.

7 ‘‘(2) The term ‘international peace enforcement’

8 means those activities performed pursuant to Chap9 ter VII of the United Nations Charter.’’.

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

11 at the beginning of subchapter I of chapter 20 of title 10,

12 United States Code, is amended by adding at the end the

13 following new item:

‘‘406. International peacekeeping and international peace enforcement; support

involving United States combat forces.’’.

14 SEC. 1110. EXTENSION AND AMENDMENT OF COUNTER15 PROLIFERATION AUTHORITIES.

16 Section 1505 of the National Defense Authorization

17 Act for fiscal year 1993 (22 U.S.C. 5859a) is amended—

18 (1) in subsection (a), by striking out ‘‘during

19 fiscal years 1994 and 1995’’ and inserting in lieu

20 thereof ‘‘during fiscal year 1996’’;

21 (2) in subsection (b)—

22 (A) in paragraph (2), by striking out ‘‘the

23 On-Site Inspection Agency’’ and inserting in

24 lieu thereof ‘‘the Department of Defense’’; and
154

S 727 IS

1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(5) Activities supporting the dismantlement,

4 destruction, diversion, or conversion to acceptable

5 uses of nuclear, biological, and chemical weapons,

6 their delivery systems, related articles and tech7 nologies of concern, and other weapons.’’;

8 (3) by amending subsection (c)(3) to read as

9 follows:

10 ‘‘(3) No amount may be obligated for an ex11 penditure under this section unless the Director of

12 the Office of Management and Budget determines

13 that the expenditure will be counted as discretionary

14 spending in the national defense function (050).’’;

15 (4) in subsection (d)—

16 (A) by striking out paragraphs (1) and

17 (3); and

18 (B) by striking out ‘‘(2)’’ at the beginning

19 of the remaining matter; and

20 (5) in subsection (e), by striking out ‘‘fiscal

21 years 1994 and 1995’’ and inserting in lieu thereof

22 ‘‘during fiscal year 1996’’.
155

S 727 IS

1 SEC. 1111. COOPERATIVE RESEARCH AND DEVELOPMENT

2 AGREEMENTS WITH NATO ORGANIZATIONS—

3 TECHNICAL AND CONFORMING AMEND4 MENTS.

5 Section 2350b(e) of title 10, United States Code, is

6 amended—

7 (1) in paragraph (1), by inserting ‘‘or a NATO

8 organization’’ after ‘‘a participant (other than the

9 United States)’’; and

10 (2) in paragraph (2), by inserting ‘‘or a NATO

11 organization’’ after ‘‘a cooperative project’’.

12 TITLE XII—ACQUISITION

13 REFORM

14 SEC. 1201. WAIVERS FROM CANCELLATION OF FUNDS.

15 Notwithstanding section 1552(a) of title 31, United

16 States Code—

17 (1) funding appropriated for satellite on-orbit

18 incentive fees will remain available for obligation and

19 expenditure until the fee is earned; and

20 (2) funding appropriated for Shipbuilding and

21 Conversion, Navy, and for other government ship22 building appropriations, available for engineering

23 services, tests, and evaluations, and other such

24 budgeted work that must be performed in the final

25 stage of ship construction shall be available for obli-
156

S 727 IS

1 gation and expenditure until the purpose for which

2 such monies were appropriated is satisfied.

3 SEC. 1202. AMENDMENT TO CONFORM PROCUREMENT NO4 TICE POSTING THRESHOLDS.

5 Section 18(a)(1)(B) of the Office of Federal Procure6 ment Policy Act (41 U.S.C. 416(a)(1)(B)) is amended—

7 (1) by inserting, after the word ‘‘contract’’ the

8 following: ‘‘expected to exceed $10,000 but not to

9 exceed $25,000’’; and

10 (2) by deleting subparagraphs (i) and (ii) en11 tirely.

12 SEC. 1203. COMPETITIVENESS OF UNITED STATES COMPA13 NIES.

14 Section 2761 of title 22, United States Code, is

15 amended—

16 (1) by adding the word ‘‘and’’ to the end of

17 subparagraph (e)(1)(A);

18 (2) by striking out subparagraph (e)(1)(B) in

19 its entirety;

20 (3) by redesignating the existing subparagraph

21 (e)(1)(C) as (e)(1)(B);

22 (4) by striking out paragraph (e)(2) in its en23 tirety; and

24 (5) by redesignating the existing paragraph

25 (e)(3) as (e)(2).
157

S 727 IS

1 SEC. 1204. INAPPLICABILITY OF PROHIBITION ON GRATU2 ITIES.

3 Section 2207 of title 10, United States Code, is

4 amended—

5 (1) by inserting ‘‘in excess of the simplified ac6 quisition threshold as defined in section 4(11) of the

7 Office of Federal Procurement Policy Act (41 U.S.C.

8 403(11))’’ after ‘‘may not be spent under a con9 tract’’; and

10 (2) by inserting ‘‘or for commercial items as de11 fined in section 4(12) of the Office of Federal Pro12 curement Policy Act (41 U.S.C. 403(12))’’ after ‘‘a

13 contract for personal services’’.

14 SEC. 1205. PROMPT RESOLUTION OF ADULT RECOMMENDA15 TIONS.

16 Section 6009 of the Federal Acquisition Streamlining

17 Act of 1994 (Public Law 103–355; 108 Stat. 3367, Octo18 ber 14, 1994) is amended to read as follows:

19 ‘‘SEC. 6009. PROMPT MANAGEMENT DECISIONS AND IMPLE20 MENTATION OF AUDIT RECOMMENDATIONS.

21 ‘‘The Heads of Federal agencies shall make manage22 ment decisions on all Office of Inspector General audit re23 port findings and recommendations within a maximum of

24 six months after their issuance, or in the case of audits

25 performed by non Federal auditors, six months after re26 ceipt of the report by the Federal Government. The Heads
158

S 727 IS

1 of Federal agencies shall complete final action on the man2 agement decision within twelve months of the report issu3 ance or the report will be listed in each Inspector General

4 semiannual report.’’.

5 SEC. 1206. REPEAL OF DOMESTIC SOURCE LIMITATION.

6 Section 4542 of title 10, United States Code, is re7 pealed.

8 SEC. 1207. EXTRAORDINARY CONTRACTUAL RELIEF.

9 Section 5 of the Act of August 28, 1958 (Public Law

10 85–804; 72 Stat. 973) is repealed.

11 SEC. 1208. DISPOSITION OF NAVAL VESSELS.

12 Section 7306(a)(1) of title 10, United States Code,

13 is amended by inserting ‘‘territory,’’ after ‘‘state,’’.

14 SEC. 1209. TEST PROGRAM FOR NEGOTIATION OF COM15 PREHENSIVE SUBCONTRACTING PLANS.

16 Section 834 of National Defense Authorization Act

17 for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is

18 amended—

19 (1) by amending paragraph (a)(1) to read as

20 follows:

21 ‘‘(1) The Secretary of Defense shall establish a

22 test program under which contracting activities in

23 the Military Departments and Defense Agencies are

24 authorized to undertake one or more demonstration

25 projects to determine whether the negotiation and
159

S 727 IS

1 administration of comprehensive subcontracting

2 plans will reduce administrative burdens on contrac3 tors while enhancing opportunities provided for

4 small business and small and disadvantaged business

5 firms under Department of Defense contracts. In se6 lecting the contracting activities, every effort shall be

7 made to assure that a broad range of the supplies

8 and services acquired by the Department are in9 cluded in the test.’’;

10 (2) by amending subsection (b)(3) to read as

11 follows:

12 ‘‘(3) A Department of Defense Contractor re13 ferred to in paragraph (1) is, with respect to a com14 prehensive subcontracting plan, a business concern

15 that, during the immediately preceding fiscal year—

16 ‘‘(A) pursuant to at least three Depart17 ment of Defense contracts, furnishes supplies or

18 services to the Department of Defense, includ19 ing professional services, research and develop20 ment and construction; and

21 ‘‘(B) the aggregate value of all such con22 tracts is at least $5,000,000.’’;

23 (3) by striking out subsection (g); and

24 (4) by redesignating subsection (h) as sub25 section (g).
160

S 727 IS

1 SEC. 1210. CIVIL RESERVE AIR FLEET.

2 Sections 9512 of title 10, United States Code, is

3 amended in subsections (b)(2) and (e) by striking out

4 ‘‘full’’ before ‘‘Civil Reserve Air Fleet’’ in each subsection.

5 SEC. 1211. EIGHTEEN MONTH SHIPBUILDING CLAIMS.

6 Section 2405(a) of title 10, United States Code, is

7 amended by adding at the end the following new sentence

8 (following, but not a part of, paragraph (2)): ‘‘No court

9 or board shall have jurisdiction of any claim that was not

10 submitted to the contracting officer for a decision within

11 the period provided by this section.’’.

12 SEC. 1212. NAVAL SALVAGE FACILITIES.

13 (a) CONSOLIDATED STATUTE.—Section 7361 of title

14 10, United States Code, is amended to read as follows:

15 ‘‘§ 7361. Naval salvage facilities

16 ‘‘(a) The Secretary of the Navy may contract or oth17 erwise provide for necessary salvage facilities for public

18 and private vessels.

19 ‘‘(b) The Secretary shall submit to the Secretary of

20 Transportation for comment each proposed salvage con21 tract that affects the interests of the Department of

22 Transportation.

23 ‘‘(c) Term contracts are authorized only if the Sec24 retary of the Navy determines that available commerical

25 salvage facilities are inadequate to meet national defense
161

S 727 IS

1 requirements and provides public notice of intent to so

2 contract.

3 ‘‘(d) The Secretary of the Navy may acquire or

4 tranfer such vessels and equipment for operation by pri5 vate salvage companies as the Secretary considers nec6 essary.

7 ‘‘(e) Any private recipient of any salvage vessel or

8 gear must agree in writing that such vessel or gear will

9 be used to support organized offshore salvage facilities for

10 as many years as the Secretary shall consider appropriate.

11 ‘‘(f) Amounts received under this section shall be

12 credited to appropriations for maintaining naval salvage

13 facilities. However, any amount received in excess of naval

14 salvage costs incurred in that fiscal year shall be deposited

15 into the general fund of the Treasury.

16 ‘‘(g) The Secretary of the Navy, or designee, may set17 tle and receive payment for any claim by the United States

18 for salvage services rendered by the Department of the

19 Navy.’’.

20 (b) CONFORMING AMENDMENTS.—Sections 7362,

21 7363, 7364, 7365, and 7367 of title 10, United States

22 Code, are repealed.

23 (c) CLERICAL AMENDMENTS.—The table of sections

24 at the beginning of chapter 637 of title 10, United States

25 Code, is amended—
162

S 727 IS

1 (1) by amending the item relating to section

2 7361 to read as follows:

‘‘7361. Naval salvage facilities.’’;

3 and

4 (2) by striking out the items relating to sections

5 7362, 7363, 7364, 7365, and 7367.

6 SEC. 1213. FACTORIES AND ARSENALS: MANUFACTURE AT.

7 (a) CONSOLIDATED SECTION.—Chapter 148 of title

8 10, United States Code, is amended by adding at the end

9 the following new section:

10 ‘‘§ 2542. Factories and arsenals: manufacture at

11 ‘‘(a) The Secretary of Defense and the secretaries of

12 a military department may have supplies needed for the

13 Department of Defense or a military department made,

14 in appropriate cases, in factories, depots, or arsenals

15 owned by the United States.

16 ‘‘(b) The Secretary of Defense or secretary of a mili17 tary department may disestablish any United States arse18 nal that he considers unnecessary.’’.

19 (b) CONFORMING AMENDMENTS.—Sections 4532

20 and 9532 of title 10, United States Code, are repealed.

21 (c) CLERICAL AMENDMENTS.—(1) The table of sec22 tions at the beginning of chapter 148 of title 10, United

23 States Code, is amended by adding at the end the follow24 ing new item:

‘‘2542. Factories and arsenals: manufacture at.’’.
163

S 727 IS

1 (2) The table of sections at the beginning of chapter

2 433 of title 10, United States Code, is amended by strik3 ing out the item relating to section 4532.

4 (3) The table of sections at the beginning of chapter

5 933 of title 10, United States Code, is amended by strik6 ing out the item relating to section 9532.

7 SEC. 1214. BAR ON DOCUMENTING ECONOMIC IMPACT.

8 (a) IN GENERAL.—Section 2247 of title 10, United

9 States Code, is repealed.

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

11 at the beginning of chapter 134 of title 10, United States

12 Code, is amended by striking out the item relating to sec13 tion 2247.

14 SEC. 1215. FEES FOR SAMPLES, DRAWINGS.

15 Section 2539b(c) of title 10, United States Code, is

16 amended by striking out ‘‘may not exceed’’ in the second

17 sentence and inserting in lieu thereof ‘‘must at least in18 clude’’.

19 SEC. 1216. CONTRACTS: DELEGATIONS.

20 (a) IN GENERAL.—Section 2356 of title 10, United

21 States Code, is repealed.

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

23 at the beginning of chapter 139 of title 10, United States

24 Code, is amended by striking out the item relating to sec25 tion 2356.
164

S 727 IS

1 SEC. 1217. DEFENSE ACQUISITION PILOT PROGRAMS.

2 AUTHORIZATION FOR WAIVERS.—With respect to the

3 defense acquisition pilot programs specified in section

4 5064 the Federal Acquisition Streamlining Act of 1994

5 (Public Law 103–355; 108 Stat. 3359), and such future

6 defense acquisition pilot programs that may be authorized

7 by the Congress pursuant to section 809 of the National

8 Defense Authorization Act for Fiscal Year 1991 (10

9 U.S.C. 2340 note), the Secretary of Defense is authorized

10 to waive or limit the applicability of sections 139(b)(3) and

11 (e), 2366(d), 2399 (b), (c), (d), (e), and (h), 2403, 2432,

12 2433, and 2434 of title 10, United States Code.

13 SEC. 1218. TESTING.

14 (a) MAJOR SYSTEMS AND MUNITIONS PROGRAMS.—

15 Section 2366 to title 10, United States Code, is amend16 ed—

17 (1) by striking out ‘‘survivability’’ each place it

18 appears and inserting in lieu thereof in each in19 stance ‘‘vulnerability’’;

20 (2) in subsection (b), by inserting after para21 graph (2) the following new paragraph:

22 ‘‘(3) Testing should begin at the component,

23 subsystem, and subassembly level, culminating with

24 tests of the complete system configured for com25 bat.’’;
165

S 727 IS

1 (3) in subsection (c)(1), by striking out ‘‘vul2 nerability and lethality tests’’ (as amended by para3 graph (1) of this subsection) and inserting in lieu

4 thereof ‘‘realistic vulnerability and realistic lethality

5 tests.’’;

6 (4) in subsection (d), by striking out ‘‘vulner7 ability and lethality testing’’ (as amended by para8 graph (1) of this subsection) in each place it appears

9 and inserting in lieu thereof in each instance ‘‘realis10 tic vulnerability or realistic lethality testing.’’;

11 (5) in subsection (d), by striking out ‘‘Secretary

12 overall assessment’’ and inserting in lieu thereof

13 ‘‘Secretary’s overall assessment’’; and

14 (6) in subsection (e)(3), by striking out ‘‘vul15 nerability of the system in combat’’ and inserting in

16 lieu thereof ‘‘vulnerability of the complete system

17 configured for combat’’.

18 (b) OPERATIONAL TEST AND EVALUATION OF DE19 FENSE ACQUISITION PROGRAMS.—Section 2399 of title

20 10, United States Code, is amended—

21 (1) in subsection (a)(1) and (2), by striking out

22 ‘‘major defense acquisition program’’ and inserting

23 in lieu thereof ‘‘major system’’;

24 (2) in subsection (a)(1) by striking out ‘‘pro25 gram’’ and inserting in lieu thereof ‘‘system’’;
166

S 727 IS

1 (3) in the heading of subsection (b), by striking

2 out ‘‘OPERATIONAL TEST AND EVALUATION.—’’ and

3 inserting in lieu thereof ‘‘OPERATIONAL TEST AND

4 EVALUATION OF MAJOR DEFENSE ACQUISITION

5 PROGRAMS.—’’;

6 (4) in subsection (b)(3), by striking out ‘‘Under

7 Secretary of Defense for Acquisition,’’ and inserting

8 in lieu thereof ‘‘Under Secretary of Defense for Ac9 quisition and Technology,’’;

10 (5) in subsection (d), by striking out ‘‘pro11 gram’’ and inserting in lieu thereof ‘‘system’’;

12 (6) in subsection (d), by striking out the period

13 at the end of the subsection and inserting in lieu

14 thereof the following new sentences: ‘‘, nor does it

15 apply to the extent that the Secretary of Defense

16 has authorized, as prescribed in regulation, involve17 ment by system contractor employees in operational

18 test and evaluation analytic and logistic support.

19 Such authorization must include steps designed to

20 ensure the impartiality of system contractor employ21 ees and the integrity of the testing and evaluation

22 process. In such cases, the test and evaluation mas23 ter plan and the operational test and evaluation plan

24 must identify the specific involvement of those con25 tractor employees in the operational test and evalua-
167

S 727 IS

1 tion process and the steps taken to ensure contrac2 tor impartiality.’’;

3 (7) in subsection (e)(1), by striking out ‘‘devel4 opment, production, or testing of such system’’ and

5 inserting in lieu thereof ‘‘development (excluding

6 testing) or production of such system’’;

7 (8) in subsection (e), by amending paragraph

8 (3) to read as follows:

9 ‘‘(3) A contractor that has participated in (or

10 is participating in) the development or production of

11 a system for a military department or Defense Agen12 cy (or for another contractor of the Department of

13 Defense) may not be involved (in any way) in the es14 tablishment of operational test and evaluation cri15 teria:

16 ‘‘(A) for data collection;

17 ‘‘(B) for performance assessment; or

18 ‘‘(C) for evaluation activities.’’; and

19 (9) in subsection (g), by striking out ‘‘test and

20 evaluation plan’’ and inserting in lieu thereof ‘‘test

21 and evaluation master plan.’’.

22 SEC. 1219. COORDINATION AND COMMUNICATION OF DE23 FENSE RESEARCH ACTIVITIES.

24 Section 2364 of title 10, United States Code, is

25 amended—
168

S 727 IS

1 (1) in subsection (b)(5), by striking out ‘‘mile2 stone O, milestone I, and milestone II’’ and insert3 ing in lieu thereof ‘‘acquisition program’’;

4 (2) in subsection (c)—

5 (A) by amending paragraph (2) to read as

6 follows:

7 ‘‘(2) The term ‘acquisition program decisions’

8 has the meaning given to it by the regulations pro9 mulgated by the Secretary of Defense.’’; and

10 (B) by striking out paragraphs (3), and (4).

11 SEC. 1220. UNDEFINITIZED CONTRACT ACTIONS.

12 Section 2326 of title 10, United States Code, is

13 amended—

14 (1) in subsection (b)—

15 (A) by striking out paragraph (4); and

16 (B) by redesignating paragraph (5) as

17 paragraph (4); and

18 (2) in subsection (g)(1), by adding at the end

19 the following new subparagraphs:

20 ‘‘(E) Contingency operations as defined in

21 section 101(a)(13) of this title.

22 ‘‘(F) Peacekeeping or peace enforcement

23 operations as directed by the President.

24 ‘‘(G) Disaster relief operations when di25 rected by the President to perform disaster re-
169

S 727 IS

1 lief pursuant to the Disaster Relief Act of 1974

2 (42 U.S.C. 5121 et seq.), or

3 ‘‘(H) Humanitarian assistance’’.

4 SEC. 1221. INDEPENDENT COST ESTIMATES.

5 Section 2434(b)(1)(A) of title 10, United States

6 Code, is amended to read as follows:

7 ‘‘(A) be prepared by an office or other en8 tity that is not under the supervision, direction,

9 or control of the military department, defense

10 agency, or other component of the Department

11 of Defense that is directly responsible for carry12 ing out the development or acquisition of the

13 program; provided, however, that if the decision

14 authority has been delegated for the program to

15 an official of a military department, defense

16 agency, or other component of the Department

17 of Defense, the regulations need only require

18 consideration of a cost estimate prepared by an

19 office or other entity that is not directly respon20 sible for carrying out the development or acqui21 sition of the program.

22 SEC. 1222. UNIT COST REPORTS.

23 (a) Subsection (a) of section 2433 of title 10, United

24 States Code, is amended by striking out paragraph (3).
170

S 727 IS

1 (b) Subsection (c) of section 2433 of title 10, United

2 States Code, is amended in paragraph (3) by striking out

3 ‘‘contract as of the time the contract was made’’ and in4 serting ‘‘contract cost baseline’’ in lieu thereof, and by

5 striking out ‘‘during the current fiscal year (other than

6 the last quarterly unit cost report under subsection (b)

7 for the preceding fiscal year)’’ at the end of the paragraph.

8 (c) Subsection (c) of such section is further amended

9 by redesignating paragraphs (1), (2) and (3) as (A), (B),

10 and (C), respectively, by redesignating (c) as (c)(1), and

11 by inserting after paragraph (c)(1) the following new

12 paragraph (2):

13 ‘‘(2) If the program manager for a major de14 fense acquisition program has submitted to the serv15 ice acquisition executive designated by the Secretary

16 concerned a unit cost report indicating an increase

17 of 15 percent or more over the Baseline Estimate in

18 a category described in clauses (A) through (C) of

19 paragraph (1) and subsequently determines that

20 there is reasonable cause to believe—

21 ‘‘(A) that the current program acquisition

22 unit cost of the program has increased by at

23 least 5 percent over the 15 percent increase in

24 current program acquisition unit cost for the

25 program as shown in the Baseline Estimate;
171

S 727 IS

1 ‘‘(B) in the case of a major defense acqui2 sition program that is a procurement program,

3 that the procurement unit cost for the program

4 has increased by at least 5 percent over the 15

5 percent increase in procurement unit cost for

6 the program as shown in the Baseline Estimate;

7 or

8 ‘‘(C) that cost variances or schedule

9 variances of a major contract under the pro10 gram have resulted in an increase in the 15

11 percent increase in cost of the contract of at

12 least 5 percent over the contract cost baseline;

13 the program manager shall immediately submit

14 to the such service acquisition executive a unit

15 cost report containing the information deter16 mined as of the date of the report, required by

17 subsection (b).’’.

18 (d) Subsection (d) of such section is amended in

19 paragraph (3) by striking out ‘‘(for the first time since

20 the beginning of the current fiscal year)’’.

21 (e) Subsection (g) of such section is amended in para22 graph (1)(K) by striking out ‘‘and the procurement unit

23 cost for the succeeding fiscal year expressed in constant

24 base year dollars and in current year dollars’’ at the end

25 of the sentence.
172

S 727 IS

1 SEC. 1223. REPEAL OF SPARE PARTS QUALITY CONTROL.

2 Section 2383 of title 10, United States Code, is re3 pealed.

4 SEC. 1224. PATENT AND COPYRIGHT CASES.

5 Section 2386(3) of title 10, United States Code, is

6 amended to read as follows:

7 ‘‘(3) Rights to use designs, processes, technical

8 data and computer software.’’.

9 SEC. 1225. DEFENSE ACQUISITION WORKFORCE ACT IM10 PROVEMENTS.

11 (a) POST-EDUCATION DUTY ASSIGNMENTS.—Section

12 663(d) of title 10, United States Code, is amended by add13 ing at the end the following new paragraph:

14 ‘‘(3) The Secretary of Defense may exclude

15 from this provision military members of the Acquisi16 tion Corps, as defined in section 1731 of this title,

17 who have graduated from the Senior Acquisition

18 Course at the Industrial College of the Armed

19 Forces if they are assigned, upon graduation, to

20 Critical Acquisition Positions, as defined in section

21 1733 of this title.’’.

22 (b) ELIMINATION OF THREE-YEAR ASSIGNMENT PE23 RIOD.—Section 1734 of title 10, United States Code, is

24 amended—

25 (1) by striking out subsection (a);
173

S 727 IS

1 (2) by redesignating subsections (b) through (h)

2 as subsections (a) through (g) respectively; and

3 (3) in subsection (c) (as redesignated by sub4 section (b)(2)), by striking out ‘‘or (b)(1)’’ and ‘‘or

5 (b)(2)’’.

6 SEC. 1226. TECHNICAL AMENDMENT TO AUTHORITY TO

7 PROCURE FOR EXPERIMENTAL OR TEST PUR8 POSES.

9 Section 2373 of title 10, United States Code, is

10 amended by inserting the word ‘‘only’’ after ‘‘applies.’’.

11 SEC. 1227. REPEAL OF CERTAIN DEPOT LEVEL MAINTE12 NANCE PROVISIONS.

13 Chapter 146 of title 10, United States Code, is

14 amended by repealing sections 2466 and 2469 and by

15 striking the respective items from the table of sections at

16 the beginning of such chapter.

Æ

S 727 IS——2

S 727 IS——3

S 727 IS——4

S 727 IS——5

S 727 IS——6

S 727 IS——7

S 727 IS——8

S 727 IS——9
174

S 727 IS

S 727 IS——10

S 727 IS——11

S 727 IS——12

S 727 IS——13

S 727 IS——14