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(c) TERMINATION OF PROGRAMS.—The Secretary of
Defense shall terminate the Boost Phase Interceptor (BPI)
program.
(d) FOLLOW-ON SYSTEMS.—(1) The Secretary of De-
fense shall develop an affordable development plan for fol-
low-on theater missile defense systems which leverages exist-
ing systems, technologies, and programs, and focuses invest-
ments to satisfy military requirements not met by the core
program.
(2) Before adding new theater missile defense systems
to the core program from among the follow-on activities,
the Secretary of Defense shall submit to the congressional
defense committees a report describing—
(A) the requirements for the program and the
specific threats to be countered;
(B) how the new program will relate to, support,
and leverage off existing core programs;
(C) the planned acquisition strategy; and
(D) a preliminary estimate of total program cost
and budgetary impact.
(e) REPORT.—(1) Not later than the date on which the
President submits the budget for fiscal year 1997 under sec-
tion 1105 of title 31, United States Code, the Secretary of
Defense shall submit to the congressional defense committees
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a report detailing the Secretary’s plans for implementing
the guidance specified in this section.
(2) For each deployment date for each system described
in subsection (a), the report required by paragraph (1) of
this subsection shall include the funding required for re-
search, development, testing, evaluation, and deployment
for each fiscal year beginning with fiscal year 1997 through
the end of the fiscal year in which deployment is projected
under subsection (a).
SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITEC-
TURE.
(a) IN GENERAL.—To implement the policy established
in section 233, the Secretary of Defense shall develop an
affordable and operationally effective national missile de-
fense system to counter a limited, accidental, or unauthor-
ized ballistic missile attack, and which is capable of attain-
ing initial operational capability (IOC) by the end of 2003.
Such system shall include the following:
(1) Ground-based interceptors capable of being
deployed at multiple sites, the locations and numbers
of which are to be determined so as to optimize the
defensive coverage of the continental United States,
Alaska, and Hawaii against limited, accidental, or
unauthorized ballistic missile attacks.
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(2) Fixed ground-based radars and space-based
sensors, including the Space and Missile Tracking
system, the mix, siting and numbers of which are to
be determined so as to optimize sensor support and
minimize total system cost.
(3) Battle management, command, control, and
communications (BM/C3).
(b) INTERIM OPERATIONAL CAPABILITY.—To provide
a hedge against the emergence of near-term ballistic missile
threats against the United States and to support the devel-
opment and deployment of the objective system specified in
subsection (a), the Secretary of Defense shall develop an in-
terim national missile defense plan that would give the
United States the ability to field a limited operational ca-
pability by the end of 1999 if required by the threat. In
developing this plan the Secretary shall make use of—
(1) developmental, or user operational evaluation
system (UOES) interceptors, radars, and battle man-
agement, command, control, and communications
(BM/C3), to the extent that such use directly supports,
and does not significantly increase the cost of, the ob-
jective system specified in subsection (a);
(2) one or more of the sites that will be used as
deployment locations for the objective system specified
in subsection (a);
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(3) upgraded early warning radars; and
(4) space-based sensors.
(c) USE
OF
STREAMLINED
ACQUISITION
PROCE-
DURES.—The Secretary of Defense shall prescribe and use
streamlined acquisition procedures to—
(1) reduce the cost and increase the efficiency of
developing the national missile defense system speci-
fied in subsection (a); and
(2) ensure that any interim national missile de-
fense capabilities developed pursuant to subsection (b)
are operationally effective and on a path to fulfill the
technical requirements and schedule of the objective
system.
(d) ADDITIONAL COST SAVING MEASURES.—In addi-
tion to the procedures prescribed pursuant to subsection (c),
the Secretary of Defense shall employ cost saving measures
that do not decrease the operational effectiveness of the sys-
tems specified in subsections (a) and (b), and which do not
pose unacceptable technical risk. The cost saving measures
should include the following:
(1) The use of existing facilities and infrastruc-
ture.
(2) The use, where appropriate, of existing or
upgraded systems and technologies, except that Min-
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uteman boosters may not be used as part of a Na-
tional Missile Defense architecture.
(3) Development of systems and components that
do not rely on a large and permanent infrastructure
and are easily transported, emplaced, and moved.
(e) REPORT ON PLAN FOR DEPLOYMENT.—Not later
than the date on which the President submits the budget
for fiscal year 1997 under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to the
congressional defense committees a report containing the
following matters:
(1) The Secretary’s plan for carrying out this
section.
(2) For each deployment date in subsections (a)
and (b), the report shall include the funding required
for research, development, testing, evaluation, and de-
ployment for each fiscal year beginning with fiscal
year 1997 through the end of the fiscal year in which
deployment is projected under subsection (a) or (b).
The report shall also describe the specific threat to be
countered and provide the Secretary’s assessment as
to whether deployment is affordable and operationally
effective.
(3) An analysis of options for supplementing or
modifying the national missile defense architecture
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specified in subsection (a) before attaining initial
operational capability, or evolving such architecture
in a building block manner after attaining initial
operational capability, to improve the cost-effective-
ness or the operational effectiveness of such system by
adding one or a combination of the following:
(A) Additional ground-based interceptors at
existing or new sites.
(B) Sea-based missile defense systems.
(C) Space-based kinetic energy interceptors.
(D) Space-based directed energy systems.
SEC. 236. CRUISE MISSILE DEFENSE INITIATIVE.
(a) IN GENERAL.—The Secretary of Defense shall un-
dertake an initiative to coordinate and strengthen the cruise
missile defense programs, projects, and activities of the
military departments, the Advanced Research Projects
Agency and the Ballistic Missile Defense Organization to
ensure that the United States develops and deploys afford-
able and operationally effective defenses against existing
and future cruise missile threats.
(b) ACTIONS OF THE SECRETARY OF DEFENSE.—In
carrying out subsection (a), the Secretary of Defense shall
ensure that—
(1) to the extent practicable, the ballistic missile
defense and cruise missile defense efforts of the De-
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partment of Defense are coordinated and mutually re-
inforcing;
(2) existing air defense systems are adequately
upgraded to provide an affordable and operationally
effective defense against existing and near-term cruise
missile threats; and
(3) the Department of Defense undertakes a high
priority and well coordinated technology development
program to support the future deployment of systems
that are affordable and operationally effective against
advanced cruise missiles, including cruise missiles
with low observable features.
(c) IMPLEMENTATION PLAN.—Not later than the date
on which the President submits the budget for fiscal year
1997 under section 1105 of title 31, United States Code,
the Secretary of Defense shall submit to the congressional
defense committees a detailed plan, in unclassified and clas-
sified forms, as necessary, for carrying out this section. The
plan shall include an assessment of—
(1) the systems that currently have cruise missile
defense capabilities, and existing programs to im-
prove these capabilities;
(2) the technologies that could be deployed in the
near- to mid-term to provide significant advances
over existing cruise missile defense capabilities, and
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the investments that would be required to ready the
technologies for deployment;
(3) the cost and operational tradeoffs, if any, be-
tween upgrading existing air and missile defense sys-
tems and accelerating follow-on systems with signifi-
cantly improved capabilities against advanced cruise
missiles; and
(4) the organizational and management changes
that would strengthen and further coordinate the
cruise missile defense efforts of the Department of De-
fense, including the disadvantages, if any, of imple-
menting such changes.
SEC. 237. POLICY REGARDING THE ABM TREATY.
(a) Congress makes the following findings:
(1) Article XIII of the ABM Treaty envisions
‘‘possible changes in the strategic situation which
have a bearing on the provisions of this treaty’’.
(2) Articles XIII and XIV of the ABM Treaty es-
tablish means for the Parties to amend the Treaty,
and the Parties have employed these means to amend
the Treaty.
(3) Article XV of the ABM Treaty establishes the
means for a party to withdraw from the Treaty, upon
6 months notice, ‘‘if it decides that extraordinary
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events related to the subject matter of this treaty have
jeopardized its supreme interests’’.
(4) The policies, programs, and requirements of
subtitle C of title II of this Act can be accomplished
through processes specified within, or consistent with,
the ABM Treaty, which anticipates the need and pro-
vides the means for amendment to the Treaty.
(b) SENSE OF CONGRESS.—In light of the findings and
policies provided in this subtitle, it is the sense of Congress
that—
(1) Given the fundamental responsibility of the
Government of the United States to protect the secu-
rity of the United States, the increasingly serious
threat posed to the United States by the proliferation
of weapons of mass destruction and ballistic missile
technology, and the effect this threat could have on the
options of the United States to act in a time of cri-
sis—
(A) it is in the vital national security inter-
est of the United States to defend itself from the
threat of a limited, accidental, or unauthorized
ballistic missile attack, whatever its source; and
(B) the deployment of a national missile de-
fense system, in accord with section 233, to pro-
tect the territory of the United States against a
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limited, accidental, or unauthorized missile at-
tack can strengthen strategic stability and deter-
rence; and
(2)(A) the Senate should undertake a comprehen-
sive review of the continuing value and validity of the
ABM Treaty with the intent of providing additional
policy guidance on the future of the ABM Treaty dur-
ing the second session of the One Hundred Fourth
Congress; and
(B) upon completion of the review, the Commit-
tee on Foreign Relations, in consultation with the
Committee on Armed Services and other appropriate
committees, should report its findings to the Senate.
SEC. 238. PROHIBITION ON FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING
THEATER MISSILE DEFENSE SYSTEMS.
(a) FINDINGS.—Congress makes the following findings:
(1) Section 234 of the National Defense Author-
ization Act for Fiscal Year 1994 provides that the
ABM Treaty does not apply to or limit research, de-
velopment, testing, or deployment of missile defense
systems, system upgrades, or system components that
are designed to counter modern theater ballistic mis-
siles, regardless of the capabilities of such missiles,
unless those systems, system upgrades, or system com-
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ponents are tested against or have demonstrated capa-
bilities to counter modern strategic ballistic missiles.
(2) Section 232 of the National Defense Author-
ization Act for Fiscal Year 1995 provides that the
United States shall not be bound by any inter-
national agreement that would substantially modify
the ABM Treaty unless the agreement is entered into
pursuant to the treaty making power of the President
under the Constitution.
(3) the demarcation standard described in sub-
section (b)(1) is based upon current technology.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) unless a missile defense system, system up-
grade, or system component, including one that ex-
ploits data from space-based or other external sensors,
is flight tested against a ballistic missile target that
exceeds a range of 3,500 kilometers or a velocity of 5
kilometers per second, such missile defense system,
system upgrade, or system component has not been
tested in an ABM mode nor deemed to have been
given capabilities to counter strategic ballistic mis-
siles, and
(2) any international agreement that would
limit the research, development, testing, or deploy-
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ment of missile defense systems, system upgrades, or
system components that are designed to counter mod-
ern theater ballistic missiles in a manner that would
be more restrictive than the criteria in paragraph (1)
should be entered into only pursuant to the treaty
making powers of the President under the Constitu-
tion.
(c) PROHIBITION ON FUNDING.—Funds appropriated
or otherwise made available to the Department of Defense
for fiscal year 1996 may not be obligated or expended to
implement an agreement with any of the independent states
of the former Soviet Union entered into after January 1,
1995 that would establish a demarcation between theater
missile defense systems and anti-ballistic missile systems for
purposes of the ABM Treaty or that would restrict the per-
formance, operation, or deployment of United States theater
missile defense systems except: (1) to the extent provided
in an Act enacted subsequent to this Act; (2) to implement
that portion of any such agreement that implements the cri-
teria in subsection (b)(1); or (3) to implement any such
agreement that is entered into pursuant to the treaty mak-
ing power of the President under the Constitution.
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fense programs specified in section 234, shall be covered in
individual, dedicated program elements and shall be avail-
able only for activities covered by those program elements.
(d) BM/C3I PROGRAMS.—Funding for programs,
projects, and activities involving battle management, com-
mand, control, communications, and intelligence (BM/C3I)
shall be covered in the ‘‘Other Theater Missile Defense Ac-
tivities’’ program element or the ‘‘National Missile Defense’’
program element, as determined on the basis of the primary
objectives involved.
(e) MANAGEMENT AND SUPPORT.—Each program ele-
ment shall include requests for the amounts necessary for
the management and support of the programs, projects, and
activities contained in that program element.
SEC. 240. ABM TREATY DEFINED.
For purposes of this subtitle, the term ‘‘ABM Treaty’’
means the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Limita-
tion of Anti-Ballistic Missiles, signed at Moscow on May
26, 1972, and includes the Protocols to that Treaty, signed
at Moscow on July 3, 1974.
SEC. 241. REPEAL OF MISSILE DEFENSE PROVISIONS.
The following provisions of law are repealed:
(1) The Missile Defense Act of 1991 (part C of
title II of Public Law 102–190; 10 U.S.C. 2431 note).
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(2) Section 237 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160).
(3) Section 242 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160).
(4) Section 222 of the Department of Defense
Authorization Act, 1986 (Public Law 99–145; 99
Stat. 613; 10 U.S.C. 2431 note).
(5) Section 225 of the Department of Defense
Authorization Act, 1986 (Public Law 99–145; 99
Stat. 614).
(6) Section 226 of the National Defense Author-
ization Act for Fiscal Years 1988 and 1989 (Public
Law 100–180; 101 Stat. 1057; 10 U.S.C. 2431 note).
(7) Section 8123 of the Department of Defense
Appropriations Act, 1989 (Public Law 100–463; 102
Stat. 2270–40).
(8) Section 8133 of the Department of Defense
Appropriations Act, 1992 (Public Law 102–172; 105
Stat. 1211).
(9) Section 234 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160; 107 Stat. 1595; 10 U.S.C. 2431 note).
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(10) Section 235 of the National Defense Author-
ization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2701; 10 U.S.C. 221 note).
SEC. 242. SENSE OF SENATE ON THE DIRECTOR OF OPER-
ATIONAL TEST AND EVALUATION.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) The Office of the Director of Operational Test
and Evaluation of the Department of Defense was cre-
ated by Congress to provide an independent valida-
tion and verification on the suitability and effective-
ness of new weapons, and to ensure that the United
States military departments acquire weapons that are
proven in an operational environment before they are
produced and used in combat.
(2) The office is currently making significant
contributions to the process by which the Department
of Defense acquires new weapons by providing vital
insights on operational weapons tests to be used in
this acquisition process.
(3) The office provides vital services to Congress
in providing an independent certification on the per-
formance of new weapons that have been operation-
ally tested.
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(4) A provision of H.R.1530, an Act entitled
‘‘An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of De-
fense, for military construction, and for defense ac-
tivities of the Department of Energy, to prescribe per-
sonnel strengths for such fiscal year for the Armed
Forces, and for other purposes’’, agreed to by the
House of Representatives on June 15, 1995, contains
a provision that could substantially diminish the au-
thority and responsibilities of the office and perhaps
cause the elimination of the office and its functions.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the authority and responsibilities of the Of-
fice of the Director of Operational Test and Evalua-
tion of the Department of Defense should not be di-
minished or eliminated; and
(2) the conferees on H.R.1530, an Act entitled
‘‘An Act to authorize appropriations for fiscal year
1996 for military activities of the Department of De-
fense, for military construction, and for defense ac-
tivities of the Department of Energy, to prescribe per-
sonnel strengths for such fiscal year for the Armed
Forces, and for other purposes’’ should not propose to
Congress a conference report on that Act that would
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either diminish or eliminate the Office of the Director
of Operational Test and Evaluation or its functions.
SEC. 243. BALLISTIC MISSILE DEFENSE TECHNOLOGY CEN-
TER.
(a) ESTABLISHMENT.—The Director of the Ballistic
Missile Defense Organization shall establish a Ballistic Mis-
sile Defense Technology Center within the Space and Stra-
tegic Defense Command of the Army.
(b) MISSION.—The missions of the Center are as fol-
lows:
(1) To maximize common application of ballistic
missile defense component technology programs, target
test programs, functional analysis and phenomenol-
ogy investigations.
(2) To store data from the missile defense tech-
nology programs of the Armed Forces using computer
facilities of the Missile Defense Data Center.
(c) TECHNOLOGY
PROGRAM
COORDINATION
WITH
CENTER.—The Secretary of Defense, acting through the Di-
rector of the Ballistic Missile Defense Organization, shall
require the head of each element or activity of the Depart-
ment of Defense beginning a new missile defense program
referred to in subsection (b)(1) to first coordinate the pro-
gram with the Ballistic Missile Defense Technology Center
in order to prevent duplication of effort.
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TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 1996 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $18,073,206,000.
(2) For the Navy, $21,343,960,000.
(3) For the Marine Corps, $2,405,711,000.
(4) For the Air Force, $18,224,893,000.
(5) For Defense-wide activities, $10,021,162,000.
(6) For the Army Reserve, $1,062,591,000.
(7) For the Naval Reserve, $840,842,000.
(8) For the Marine Corps Reserve, $90,283,000.
(9) For the Air Force Reserve, $1,482,947,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,304,108,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,734,221,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$138,226,000.
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(2) For the National Defense Sealift Fund,
$1,084,220,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
(a) AUTHORIZATION OF APPROPRIATIONS TO TRUST
FUND.—There is hereby authorized to be appropriated to
the Armed Forces Retirement Home Trust Fund the sum
of $45,000,000, to remain available until expended.
(b) AUTHORIZATION
OF
APPROPRIATIONS
FROM
TRUST FUND.—There is hereby authorized to be appro-
priated for fiscal year 1996 from the Armed Forces Retire-
ment Home Trust Fund the sum of $59,120,000 for the op-
eration of the Armed Forces Retirement Home, including
the United States Soldiers’ and Airmen’s Home and the
Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK-
PILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY.—To the extent provided in
appropriations Acts, not more than $150,000,000 is author-
ized to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts
for fiscal year 1996 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
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amount of the reduction shall be allocated among funds au-
thorized to be appropriated for Air Force personnel sup-
porting the Civil Air Patrol and for Air Force operation
and maintenance support for the Civil Air Patrol.
Subtitle B—Depot-Level
Maintenance and Repair
SEC. 311. POLICY REGARDING PERFORMANCE OF DEPOT-
LEVEL MAINTENANCE AND REPAIR FOR THE
DEPARTMENT OF DEFENSE.
(a) REQUIREMENT
FOR
POLICY.—Not later than
March 31, 1996, the Secretary of Defense shall develop and
report to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a comprehensive policy on the performance
of depot-level maintenance and repair for the Department
of Defense.
(b) PRIMARY OBJECTIVE OF POLICY.—In developing
the policy, it shall be the primary objective of the Secretary
to ensure a ready and controlled source of technical com-
petence and repair and maintenance capabilities necessary
for national security across a full range of current and pro-
jected training and operational requirements, including re-
quirements in peacetime, contingency operations, mobiliza-
tion, and other emergencies.
(c) CONTENT OF POLICY.—The policy shall—
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(1) define, in terms of the requirements of the
Department of Defense for performance of mainte-
nance and repair, the purpose for having public de-
pots for performing those functions;
(2) provide for performance of core depot-level
maintenance and repair capabilities in facilities
owned and operated by the United States;
(3) provide for the core capabilities to include
sufficient skilled personnel, equipment, and facilities
to achieve the objective set forth in subsection (b);
(4) address environmental liability;
(5) in the case of depot-level maintenance and
repair workloads in excess of the workload required to
be performed by Department of Defense depots, pro-
vide for competition for those workloads between pub-
lic and private entities when there is sufficient poten-
tial for realizing cost savings based on adequate pri-
vate sector competition and technical capabilities;
(6) provide for selection on the basis of merit
whenever the workload of a Department of Defense
depot is changed;
(7) provide transition provisions appropriate for
persons in the Department of Defense depot-level
workforce; and
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(8) address issues concerning exchange of tech-
nical data between the Federal Government and the
private sector, environmental liability, efficient and
effective performance of depot functions, and adverse
effects of the policy on the Federal Government work
force.
(d) CONSIDERATION.—In developing the policy, the
Secretary shall take into consideration the capabilities of
the public depots and the capabilities of businesses in the
private sector to perform the maintenance and repair work
required by the Department of Defense.
(e) REPEAL OF 60/40 REQUIREMENT AND REQUIRE-
MENT RELATING TO COMPETITION.—(1) Sections 2466 and
2469 of title 10, United States Code, are repealed.
(2) The table of sections at the beginning of chapter
146 of such title is amended by striking out the items relat-
ing to sections 2466 and 2469.
(3) The amendments made by paragraphs (1) and (2)
shall take effect on the date (after the date of the enactment
of this Act) on which legislation is enacted that contains
a provision that specifically states one of the following:
(A) ‘‘The policy on the performance of depot-level
maintenance and repair for the Department of De-
fense that was submitted by the Secretary of Defense
to the Committee on Armed Services of the Senate
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and the Committee on National Security of the House
of Representatives pursuant to section 311 of the Na-
tional Defense Authorization Act for Fiscal Year 1996
is approved.’’; or
(B) ‘‘The policy on the performance of depot-level
maintenance and repair for the Department of De-
fense that was submitted by the Secretary of Defense
to the Committee on Armed Services of the Senate
and the Committee on National Security of the House
of Representatives pursuant to section 311 of the Na-
tional Defense Authorization Act for Fiscal Year 1996
is approved with the following modifications:’’ (with
the modifications being stated in matter appearing
after the colon).
(f) REVIEW BY THE GENERAL ACCOUNTING OFFICE.—
(1) The Secretary shall make available to the Comptroller
General of the United States all information used by the
Department in developing the policy under subsections (a)
through (d) of this section.
(2) Not later than 45 days after the Secretary submits
to Congress the report required by subsection (a), the Comp-
troller General shall transmit to Congress a report contain-
ing a detailed analysis of the Secretary’s proposed policy
as reported under subsection (a).
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SEC. 312. EXTENSION OF AUTHORITY FOR AVIATION DE-
POTS AND NAVAL SHIPYARDS TO ENGAGE IN
DEFENSE-RELATED PRODUCTION AND SERV-
ICES.
Section 1425(e) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.
1684), as amended by section 370(b) of Public Law 103–
160 (107 Stat. 1634) and section 386(b) of Public Law 103–
337 (108 Stat. 2742), is further amended by striking out
‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep-
tember 30, 1996’’.
Subtitle C—Environmental
Provisions
SEC. 321. REVISION OF REQUIREMENTS FOR AGREEMENTS
FOR SERVICES UNDER ENVIRONMENTAL RES-
TORATION PROGRAM.
(a) REQUIREMENTS.—(1) Section 2701(d) of title 10,
United States Code, is amended to read as follows:
‘‘(d) SERVICES OF OTHER AGENCIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary may enter into agreements on a reimburs-
able or other basis with any other Federal agency, or
with any State or local government agency, to obtain
the services of the agency to assist the Secretary in
carrying out any of the Secretary’s responsibilities
under this section. Services which may be obtained
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under this subsection include the identification, inves-
tigation, and cleanup of any off-site contamination
resulting from the release of a hazardous substance or
waste at a facility under the Secretary’s jurisdiction.
‘‘(2) LIMITATION
ON
REIMBURSABLE
AGREE-
MENTS.—An agreement with an agency under para-
graph (1) may provide for reimbursement of the agen-
cy only for technical or scientific services obtained
from the agency.’’.
(2)(A) Except as provided in subparagraph (B), the
total amount of funds available for reimbursements under
agreements entered into under section 2710(d) of title 10,
United States Code, as amended by paragraph (1), in fiscal
year 1996 may not exceed $5,000,000.
(B) The Secretary of Defense may pay in fiscal year
1996 an amount for reimbursements under agreements re-
ferred to in subparagraph (A) in excess of the amount speci-
fied in that subparagraph for that fiscal year if—
(i) the Secretary certifies to Congress that the
payment of the amount under this subparagraph is
essential for the management of the Defense Environ-
mental Restoration Program under chapter 160 of
title 10, United States Code; and
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(ii) a period of 60 days has expired after the
date on which the certification is received by Con-
gress.
(b) REPORT ON SERVICES OBTAINED.—The Secretary
of Defense shall include in the report submitted to Congress
with respect to fiscal year 1998 under section 2706(a) of
title 10, United States Code, information on the services,
if any, obtained by the Secretary during fiscal year 1996
pursuant to each agreement on a reimbursable basis entered
into with a State or local government agency under section
2701(d) of title 10, United States Code, as amended by sub-
section (a). The information shall include a description of
the services obtained under each agreement and the amount
of the reimbursement provided for the services.
SEC. 322. DISCHARGES FROM VESSELS OF THE ARMED
FORCES.
(a) PURPOSES.—The purposes of this section are to—
(1) enhance the operational flexibility of vessels
of the Armed Forces domestically and internationally;
(2) stimulate the development of innovative ves-
sel pollution control technology; and
(3) advance the development by the United
States Navy of environmentally sound ships.
(b) UNIFORM NATIONAL DISCHARGE STANDARDS DE-
VELOPMENT.—Section 312 of the Federal Water Pollution
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Control Act (33 U.S.C. 1322) is amended by adding at the
end the following:
‘‘(n) UNIFORM NATIONAL DISCHARGE STANDARDS
FOR VESSELS OF THE ARMED FORCES.—
‘‘(1) 
APPLICABILITY.—This 
subsection 
shall
apply to vessels of the Armed Forces and discharges,
other than sewage, incidental to the normal operation
of a vessel of the Armed Forces, unless the Secretary
of Defense finds that compliance with this subsection
would not be in the national security interests of the
United States.
‘‘(2) DETERMINATION OF DISCHARGES REQUIRED
TO BE CONTROLLED BY MARINE POLLUTION CONTROL
DEVICES.—
‘‘(A) IN GENERAL.—The Administrator and
the Secretary of Defense, after consultation with
the Secretary of the department in which the
Coast Guard is operating, the Secretary of Com-
merce, and interested States, shall jointly deter-
mine the discharges incidental to the normal op-
eration of a vessel of the Armed Forces for which
it is reasonable and practicable to require use of
a marine pollution control device to mitigate ad-
verse impacts on the marine environment. Not-
withstanding subsection (a)(1) of section 553 of
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title 5, United States Code, the Administrator
and the Secretary of Defense shall promulgate
the determinations in accordance with the sec-
tion.
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Ad-
ministrator and the Secretary of Defense shall
take into consideration—
‘‘(i) the nature of the discharge;
‘‘(ii) the environmental effects of the
discharge;
‘‘(iii) the practicability of using the
marine pollution control device;
‘‘(iv) the effect that installation or use
of the marine pollution control device would
have on the operation or operational capa-
bility of the vessel;
‘‘(v) applicable United States law;
‘‘(vi) applicable international stand-
ards; and
‘‘(vii) the economic costs of the instal-
lation and use of the marine pollution con-
trol device.
‘‘(3) PERFORMANCE
STANDARDS
FOR
MARINE
POLLUTION CONTROL DEVICES.—
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‘‘(A) IN GENERAL.—For each discharge for
which a marine pollution control device is deter-
mined to be required under paragraph (2), the
Administrator and the Secretary of Defense, in
consultation with the Secretary of the depart-
ment in which the Coast Guard is operating, the
Secretary of State, the Secretary of Commerce,
other interested Federal agencies, and interested
States, shall jointly promulgate Federal stand-
ards of performance for each marine pollution
control device required with respect to the dis-
charge. Notwithstanding subsection (a)(1) of sec-
tion 553 of title 5, United States Code, the Ad-
ministrator and the Secretary of Defense shall
promulgate the standards in accordance with the
section.
‘‘(B) CONSIDERATIONS.—In promulgating
standards under this paragraph, the Adminis-
trator and the Secretary of Defense shall take
into consideration the matters set forth in para-
graph (2)(B).
‘‘(C) CLASSES, TYPES, AND SIZES OF VES-
SELS.—The standards promulgated under this
paragraph may—
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‘‘(i) distinguish among classes, types,
and sizes of vessels;
‘‘(ii) distinguish between new and ex-
isting vessels; and
‘‘(iii) provide for a waiver of the ap-
plicability of the standards as necessary or
appropriate to a particular class, type, age,
or size of vessel.
‘‘(4) REGULATIONS FOR USE OF MARINE POLLU-
TION CONTROL DEVICES.—The Secretary of Defense,
after consultation with the Administrator and the
Secretary of the department in which the Coast
Guard is operating, shall promulgate such regulations
governing the design, construction, installation, and
use of marine pollution control devices on board ves-
sels of the Armed Forces as are necessary to achieve
the standards promulgated under paragraph (3).
‘‘(5) DEADLINES; EFFECTIVE DATE.—
‘‘(A) 
DETERMINATIONS.—The 
Adminis-
trator and the Secretary of Defense shall—
‘‘(i) make the initial determinations
under paragraph (2) not later than 2 years
after the date of enactment of this sub-
section; and
‘‘(ii) every 5 years—
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‘‘(I) review the determinations;
and
‘‘(II) if necessary, revise the deter-
minations based on significant new in-
formation.
‘‘(B) STANDARDS.—The Administrator and
the Secretary of Defense shall—
‘‘(i) promulgate standards of perform-
ance for a marine pollution control device
under paragraph (3) not later than 2 years
after the date of a determination under
paragraph (2) that the marine pollution
control device is required; and
‘‘(ii) every 5 years—
‘‘(I) review the standards; and
‘‘(II) if necessary, revise the
standards, consistent with paragraph
(3)(B) and based on significant new
information.
‘‘(C) REGULATIONS.—The Secretary of De-
fense shall promulgate regulations with respect to
a marine pollution control device under para-
graph (4) as soon as practicable after the Ad-
ministrator and the Secretary of Defense pro-
mulgate standards with respect to the device
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under paragraph (3), but not later than 1 year
after the Administrator and the Secretary of De-
fense promulgate the standards. The regulations
promulgated by the Secretary of Defense under
paragraph (4) shall become effective upon pro-
mulgation unless another effective date is speci-
fied in the regulations.
‘‘(D) PETITION
FOR
REVIEW.—The Gov-
ernor of any State may submit a petition re-
questing that the Secretary of Defense and the
Administrator review a determination under
paragraph (2) or a standard under paragraph
(3), if there is significant new information, not
considered previously, that could reasonably re-
sult in a change to the particular determination
or standard after consideration of the matters set
forth in paragraph (2)(B). The petition shall be
accompanied by the scientific and technical in-
formation on which the petition is based. The
Administrator and the Secretary of Defense shall
grant or deny the petition not later than 2 years
after the date of receipt of the petition.
‘‘(6) EFFECT ON OTHER LAWS.—
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‘‘(A) PROHIBITION
ON
REGULATION
BY
STATES
OR
POLITICAL
SUBDIVISIONS
OF
STATES.—Beginning on the effective date of—
‘‘(i) a determination under paragraph
(2) that it is not reasonable and practicable
to require use of a marine pollution control
device regarding a particular discharge in-
cidental to the normal operation of a vessel
of the Armed Forces; or
‘‘(ii) regulations promulgated by the
Secretary of Defense under paragraph (4);
except as provided in paragraph (7), neither a
State nor a political subdivision of a State may
adopt or enforce any statute or regulation of the
State or political subdivision with respect to the
discharge or the design, construction, installa-
tion, or use of any marine pollution control de-
vice required to control the discharge.
‘‘(B) 
FEDERAL
LAWS.—This 
subsection
shall not affect the application of section 311 to
discharges incidental to the normal operation of
a vessel.
‘‘(7) ESTABLISHMENT OF STATE NO-DISCHARGE
ZONES.—
‘‘(A) STATE PROHIBITION.—
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‘‘(i) IN GENERAL.—After the effective
date of—
‘‘(I) a determination under para-
graph (2) that it is not reasonable and
practicable to require use of a marine
pollution control device regarding a
particular discharge incidental to the
normal operation of a vessel of the
Armed Forces; or
‘‘(II) regulations promulgated by
the Secretary of Defense under para-
graph (4);
if a State determines that the protection
and enhancement of the quality of some or
all of the waters within the State require
greater environmental protection, the State
may prohibit 1 or more discharges inciden-
tal to the normal operation of a vessel,
whether treated or not treated, into the wa-
ters. No prohibition shall apply until the
Administrator makes the determinations de-
scribed in subclauses (II) and (III) of sub-
paragraph (B)(i).
‘‘(ii) DOCUMENTATION.—To the extent
that a prohibition under this paragraph
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would apply to vessels of the Armed Forces
and not to other types of vessels, the State
shall document the technical or environ-
mental basis for the distinction.
‘‘(B) 
PROHIBITION
BY
THE
ADMINIS-
TRATOR.—
‘‘(i) IN GENERAL.—Upon application
of a State, the Administrator shall by regu-
lation prohibit the discharge from a vessel
of 1 or more discharges incidental to the
normal operation of a vessel, whether treat-
ed or not treated, into the waters covered by
the application if the Administrator deter-
mines that—
‘‘(I) the protection and enhance-
ment of the quality of the specified wa-
ters within the State require a prohibi-
tion of the discharge into the waters;
‘‘(II) adequate facilities for the
safe and sanitary removal of the dis-
charge incidental to the normal oper-
ation of a vessel are reasonably avail-
able for the waters to which the prohi-
bition would apply; and
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‘‘(III) the prohibition will not
have 
the 
effect 
of 
discriminating
against a vessel of the Armed Forces by
reason of the ownership or operation
by the Federal Government, or the
military function, of the vessel.
‘‘(ii) APPROVAL
OR
DISAPPROVAL.—
The Administrator shall approve or dis-
approve an application submitted under
clause (i) not later than 90 days after the
date on which the application is submitted
to 
the 
Administrator. 
Notwithstanding
clause (i)(II), the Administrator shall not
disapprove an application for the sole rea-
son that there are not adequate facilities to
remove any discharge incidental to the nor-
mal operation of a vessel from vessels of the
Armed Forces.
‘‘(C) APPLICABILITY TO FOREIGN FLAGGED
VESSELS.—A prohibition under this para-
graph—
‘‘(i) shall not impose any design, con-
struction, manning, or equipment standard
on a foreign flagged vessel engaged in inno-
cent passage unless the prohibition imple-
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ments a generally accepted international
rule or standard; and
‘‘(ii) that relates to the prevention, re-
duction, and control of pollution shall not
apply to a foreign flagged vessel engaged in
transit passage unless the prohibition im-
plements an applicable international regu-
lation regarding the discharge of oil, oily
waste, or any other noxious substance into
the waters.
‘‘(8) PROHIBITION
RELATING
TO
VESSELS
OF
THE ARMED FORCES.—After the effective date of the
regulations promulgated by the Secretary of Defense
under paragraph (4), it shall be unlawful for any ves-
sel of the Armed Forces subject to the regulations to—
‘‘(A) operate in the navigable waters of the
United States or the waters of the contiguous
zone, if the vessel is not equipped with any re-
quired marine pollution control device meeting
standards established under this subsection; or
‘‘(B) discharge overboard any discharge in-
cidental to the normal operation of a vessel in
waters with respect to which a prohibition on the
discharge has been established under paragraph
(7).
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‘‘(9) ENFORCEMENT.—This subsection shall be
enforceable, as provided in subsections (j) and (k),
against any agency of the United States responsible
for vessels of the Armed Forces notwithstanding any
immunity asserted by the agency.’’.
(c) CONFORMING AMENDMENTS.—
(1) DEFINITIONS.—Section 312(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1322(a)) is
amended—
(A) in paragraph (8)—
(i) by striking ‘‘or’’; and
(ii) by inserting ‘‘or agency of the
United States’’ after ‘‘association,’’;
(B) in paragraph (11), by striking the pe-
riod at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(12) ‘discharge incidental to the normal oper-
ation of a vessel’—
‘‘(A) means a discharge, including—
‘‘(i) graywater, bilge water, cooling
water, weather deck runoff, ballast water,
oil water separator effluent, and any other
pollutant discharge from the operation of a
marine propulsion system, shipboard ma-
neuvering system, crew habitability system,
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or installed major equipment, such as an
aircraft carrier elevator or a catapult, or
from a protective, preservative, or absorp-
tive application to the hull of the vessel; and
‘‘(ii) a discharge in connection with
the testing, maintenance, and repair of a
system described in clause (i) whenever the
vessel is waterborne; and
‘‘(B) does not include—
‘‘(i) a discharge of rubbish, trash, gar-
bage, or other such material discharged
overboard;
‘‘(ii) an air emission resulting from
the operation of a vessel propulsion system,
motor driven equipment, or incinerator; or
‘‘(iii) a discharge that is not covered
by part 122.3 of title 40, Code of Federal
Regulations (as in effect on the date of en-
actment of subsection (n));
‘‘(13) ‘marine pollution control device’ means
any equipment or management practice, for installa-
tion or use on board a vessel of the Armed Forces,
that is—
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‘‘(A) designed to receive, retain, treat, con-
trol, or discharge a discharge incidental to the
normal operation of a vessel; and
‘‘(B) determined by the Administrator and
the Secretary of Defense to be the most effective
equipment or management practice to reduce the
environmental impacts of the discharge consist-
ent with the considerations set forth in sub-
section (n)(2)(B); and
‘‘(14) ‘vessel of the Armed Forces’ means—
‘‘(A) any vessel owned or operated by the
Department of Defense, other than a time or voy-
age chartered vessel; and
‘‘(B) any vessel owned or operated by the
Department of Transportation that is designated
by the Secretary of the department in which the
Coast Guard is operating as a vessel equivalent
to a vessel described in subparagraph (A).’’.
(2) ENFORCEMENT.—The first sentence of section
312(j) of the Federal Water Pollution Control Act (33
U.S.C. 1322(j)) is amended—
(A) by striking ‘‘of this section or’’ and in-
serting a comma; and
(B) by striking ‘‘of this section shall’’ and
inserting ‘‘, or subsection (n)(8) shall’’.
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(3) OTHER DEFINITIONS.—Subparagraph (A) of
the second sentence of section 502(6) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(6)) is
amended by striking ‘‘ ‘sewage from vessels’ ’’ and in-
serting ‘‘sewage from vessels or a discharge incidental
to the normal operation of a vessel of the Armed
Forces’’.
(d) COOPERATION IN STANDARDS DEVELOPMENT.—
The Administrator of the Environmental Protection Agency
and the Secretary of Defense may, by mutual agreement,
with or without reimbursement, provide for the use of infor-
mation, reports, personnel, or other resources of the Envi-
ronmental Protection Agency or the Department of Defense
to carry out section 312(n) of the Federal Water Pollution
Control Act (as added by subsection (b)), including the use
of the resources to—
(1) determine—
(A) the nature and environmental effect of
discharges incidental to the normal operation of
a vessel of the Armed Forces;
(B) the practicability of using marine pol-
lution control devices on vessels of the Armed
Forces; and
(C) the effect that installation or use of ma-
rine pollution control devices on vessels of the
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Armed Forces would have on the operation or
operational capability of the vessels; and
(2) establish performance standards for marine
pollution control devices on vessels of the Armed
Forces.
SEC. 323. REVISION OF AUTHORITIES RELATING TO RES-
TORATION ADVISORY BOARDS.
(a) REGULATIONS.—Paragraph (2) of subsection (d)
of section 2705 of title 10, United States Code, is amended
to read as follows:
‘‘(2)(A) The Secretary shall prescribe regulations re-
garding the establishment of restoration advisory boards
pursuant to this subsection.
‘‘(B) The regulations shall set forth the following mat-
ters:
‘‘(i) The functions of the boards.
‘‘(ii) Funding for the boards.
‘‘(iii) Accountability of the boards for expendi-
tures of funds.
‘‘(iv) The routine administrative expenses that
may be paid pursuant to paragraph (3).
‘‘(C) The issuance of regulations under subparagraph
(A) shall not be a precondition to the establishment of res-
toration advisory boards under this subsection.’’.
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(b) FUNDING
FOR
ADMINISTRATIVE
EXPENSES.—
Paragraph (3) of such subsection is amended to read as fol-
lows:
‘‘(3) The Secretary may authorize the commander of
an installation to pay routine administrative expenses of
a restoration advisory board established for that installa-
tion. Such payments shall be made from funds available
under subsection (g).’’.
(c) TECHNICAL ASSISTANCE.—Such section is further
amended by striking out subsection (e) and inserting in lieu
thereof the following new subsection (e):
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Secretary may
authorize the commander of an installation, upon the re-
quest of the technical review committee or restoration advi-
sory board for the installation, to obtain for the committee
or advisory board, as the case may be, from private sector
sources technical assistance for interpreting scientific and
engineering issues with regard to the nature of environ-
mental hazards at the installation and the restoration ac-
tivities proposed for or conducted at the installation. The
commander of an installation shall use funds made avail-
able under subsection (g) for obtaining assistance under this
paragraph.
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‘‘(2) The commander of an installation may obtain
technical assistance under paragraph (1) for a technical re-
view committee or restoration advisory board only if—
‘‘(A) the technical review committee or restora-
tion advisory board demonstrates that the Federal,
State, and local agencies responsible for overseeing en-
vironmental restoration at the installation, and avail-
able Department of Defense personnel, do not have the
technical expertise necessary for achieving the objec-
tive for which the technical assistance is to be ob-
tained;
‘‘(B) the technical assistance is likely to contrib-
ute to the efficiency, effectiveness, or timeliness of en-
vironmental restoration activities at the installation;
and
‘‘(C) the technical assistance is likely to contrib-
ute to community acceptance of environmental res-
toration activities at the installation.’’.
(d) FUNDING.—(1) Such section is further amended by
adding at the end the following:
‘‘(g) FUNDING.—The Secretary shall, to the extent pro-
vided in appropriations Acts, make funds available under
subsections (d)(3) and (e)(1) using funds in the following
accounts:
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‘‘(1) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100–526; 10 U.S.C. 2687 note).
‘‘(2) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101–
510; 10 U.S.C. 2687 note).
‘‘(3) Section 2687 of this title.’’.
(f) REPORTS ON ACTIVITIES OF TECHNICAL REVIEW
COMMITTEES AND RESTORATION ADVISORY BOARDS.—Sec-
tion 2706(a)(2) of title 10, United States Code, is amended
by adding at the end the following:
‘‘(J) A statement of the activities, if any, of the
technical review committee or restoration advisory
board established for the installation under section
2705 of this title during the preceding fiscal year.’’.
Subtitle D—Civilian Employees
SEC. 331. MINIMUM NUMBER OF MILITARY RESERVE TECH-
NICIANS.
For each of fiscal years 1996 and 1997, the minimum
number of personnel employed as military reserve techni-
cians (as defined in section 8401(30) of title 5, United
States Code) for reserve components as of the last day of
such fiscal year shall be as follows:
(1) For the Army National Guard, 25,750.
(2) For the Army Reserve, 7,000.
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(3) For the Air National Guard, 23,250.
(4) For the Air Force Reserve, 10,000.
SEC. 332. EXEMPTION OF DEPARTMENT OF DEFENSE FROM
PERSONNEL CEILINGS FOR CIVILIAN PER-
SONNEL.
Section 129 of title 10, United States Code, is amend-
ed—
(1) in subsection (a), by striking out ‘‘man-year
constraint or limitation’’ and inserting in lieu thereof
‘‘constraint or limitation in terms of man years, end
strength, full-time equivalent (FTE) employees, or
maximum number of employees’’; and
(2) in subsection (b)(2), by striking out ‘‘any
end-strength’’ and inserting in lieu thereof ‘‘any con-
straint or limitation in terms of man years, end
strength, full-time equivalent (FTE) employees, or
maximum number of employees’’.
SEC. 333. WEARING OF UNIFORM BY NATIONAL GUARD
TECHNICIANS.
(a) REQUIREMENT.—Section 709(b) of title 32, United
States Code, is amended to read as follows:
‘‘(b) Except as prescribed by the Secretary concerned,
a technician employed under subsection (a) shall, while so
employed—
‘‘(1) be a member of the National Guard;
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‘‘(2) hold the military grade specified by the Sec-
retary concerned for that position; and
‘‘(3) wear the uniform appropriate for the mem-
ber’s grade and component of the armed forces while
performing duties as a technician.’’.
(b) UNIFORM ALLOWANCES FOR OFFICERS.—Section
417 of title 37, United States Code, is amended by adding
at the end the following:
‘‘(d)(1) For purposes of sections 415 and 416 of this
title, a period for which an officer of an armed force, while
employed as a National Guard technician, is required to
wear a uniform under section 709(b) of title 32 shall be
treated as a period of active duty (other than for training).
‘‘(2) A uniform allowance may not be paid, and uni-
forms may not be furnished, to an officer under section 1593
of title 10 or section 5901 of title 5 for a period of employ-
ment referred to in paragraph (1) for which an officer is
paid a uniform allowance under section 415 or 416 of this
title.’’.
(c) CLOTHING OR ALLOWANCES FOR ENLISTED MEM-
BERS.—Section 418 of title 37, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘The President’’;
and
(2) by adding at the end the following:
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‘‘(b) In determining the quantity and kind of clothing
or allowances to be furnished pursuant to regulations pre-
scribed under this section to persons employed as National
Guard technicians under section 709 of title 32, the Presi-
dent shall take into account the requirement under sub-
section (b) of such section for such persons to wear a uni-
form.
‘‘(c) A uniform allowance may not be paid, and uni-
forms may not be furnished, under section 1593 of title 10
or section 5901 of title 5 to a person referred to in sub-
section (b) for a period of employment referred to in that
subsection for which a uniform allowance is paid under sec-
tion 415 or 416 of this title.’’.
SEC. 334. EXTENSION OF TEMPORARY AUTHORITY TO PAY
CIVILIAN EMPLOYEES WITH RESPECT TO THE
EVACUATION FROM GUANTANAMO, CUBA.
(a) EXTENSION FOR 120 Days.—The authority pro-
vided in section 103 of Public Law 104–6 (109 Stat.79)
shall be effective until the end of January 31, 1996.
(b) MONTHLY REPORT.—On the first day of each
month, the Secretary of the Navy shall transmit to the Com-
mittee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a re-
port regarding the employees being paid pursuant to section
103 of Public Law 104–6. The report shall include the num-
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ber of the employees, their positions of employment, the
number and location of the employees’ dependents, and the
actions that the Secretary is taking to eliminate the condi-
tions making the payments necessary.
SEC. 335. SHARING OF PERSONNEL OF DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENT SCHOOLS
AND 
DEFENSE 
DEPENDENTS’ 
EDUCATION
SYSTEM.
Section 2164(e) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(4)(A) The Secretary may, without regard to the pro-
visions of any law relating to the number, classification,
or compensation of employees—
‘‘(i) transfer civilian employees in schools estab-
lished under this section to schools in the defense de-
pendents’ education system in order to provide the
services referred to in subparagraph (B) to such sys-
tem; and
‘‘(ii) transfer employees in such system to such
schools in order to provide such services to such
schools.
‘‘(B) The services referred to in subparagraph (A) are
the following:
‘‘(i) Administrative services.
‘‘(ii) Logistical services.
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‘‘(iii) Personnel services.
‘‘(iv) Such other services as the Secretary consid-
ers appropriate.
‘‘(C) Transfers under this paragraph shall extend for
such periods as the Secretary considers appropriate. The
Secretary shall provide appropriate compensation for em-
ployees so transferred.
‘‘(D) The Secretary may provide that the transfer of
any employee under this paragraph occur without reim-
bursement of the school or system concerned.
‘‘(E) In this paragraph, the term ‘defense dependents’
education system’ means the program established and oper-
ated under section 1402(a) of the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 921(a)).’’.
SEC. 336. REVISION OF AUTHORITY FOR APPOINTMENTS
OF INVOLUNTARILY SEPARATED MILITARY
RESERVE TECHNICIANS.
(a) REVISION OF AUTHORITY.—Section 3329 of title
5, United States Code, as added by section 544 of the Na-
tional Defense Authorization Act for Fiscal Year 1993 (Pub-
lic Law 102–484; 106 Stat. 2415), is amended—
(1) in subsection (b), by striking out ‘‘be offered’’
and inserting in lieu thereof ‘‘be provided placement
consideration in a position described in subsection (c)
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through a priority placement program of the Depart-
ment of Defense’’; and
(2) by striking out subsection (c) and inserting
in lieu thereof the following new subsection (c):
‘‘(c)(1) The position to be offered a former military
technician under subsection (b) shall be a position—
‘‘(A) in either the competitive service or the ex-
cepted service;
‘‘(B) within the Department of Defense; and
‘‘(C) in which the person is qualified to serve,
taking into consideration whether the employee in
that position is required to be a member of a reserve
component of the armed forces as a condition of em-
ployment.
‘‘(2) To the maximum extent practicable, the position
shall also be in a pay grade or other pay classification suffi-
cient to ensure that the rate of basic pay of the former mili-
tary technician, upon appointment to the position, is not
less than the rate of basic pay last received by the former
military technician for technician service before separa-
tion.’’.
(b) TECHNICAL
AND CLERICAL AMENDMENTS.—(1)
The section 3329 of title 5, United States Code, that was
added by section 4431 of the National Defense Authoriza-
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tion Act for Fiscal Year 1993 (Public Law 102–484; 106
Stat. 2719) is redesignated as section 3330 of such title.
(2) The table of sections at the beginning of chapter
33 of such title is amended by striking out the item relating
to section 3329, as added by section 4431(b) of such Act
(106 Stat. 2720), and inserting in lieu thereof the following
new item:
‘‘3330. Government-wide list of vacant positions.’’.
SEC. 337. COST OF CONTINUING HEALTH INSURANCE COV-
ERAGE FOR EMPLOYEES VOLUNTARILY SEPA-
RATED FROM POSITIONS TO BE ELIMINATED
IN A REDUCTION IN FORCE.
Section 8905a(d)(4) of title 5, United States Code, is
amended—
(1) in subparagraph (A)—
(A) by striking out ‘‘from a position’’ and
inserting in lieu thereof ‘‘or voluntary separa-
tion from a surplus position’’; and
(B) by striking out ‘‘force—’’ and inserting
in lieu thereof ‘‘force or a closure or realignment
of a military installation pursuant to a base clo-
sure law—’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) In this paragraph:
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‘‘(i) The term ‘surplus position’ means a posi-
tion that, as determined under regulations prescribed
by the Secretary of Defense, is identified during plan-
ning for a reduction in force as being no longer re-
quired and is designated for elimination during the
reduction in force.
‘‘(ii) The term ‘base closure law’ means the fol-
lowing:
‘‘(I) Section 2687 of title 10.
‘‘(II) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
‘‘(III) The Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note).
‘‘(iii) The term ‘military installation’—
‘‘(I) in the case of an installation covered
by section 2687 of title 10, has the meaning
given such term in subsection (e)(1) of such sec-
tion;
‘‘(II) in the case of an installation covered
by the Act referred to in subclause (II) of clause
(ii), has the meaning given such term in section
209(6) of such Act;
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‘‘(III) in the case of an installation covered
by the Act referred to in subclause (III) of that
clause, has the meaning given such term in sec-
tion 2910(4) of such Act.’’.
SEC. 338. ELIMINATION OF 120-DAY LIMITATION ON DE-
TAILS OF CERTAIN EMPLOYEES.
Subsection (b) of section 3341 of title 5, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(2) Details of employees of the Department of Defense
under subsection (a) of this section may be made only by
written order of the Secretary of the military department
concerned (or by the Secretary of Defense, in the case of
an employee of the Department of Defense who is not an
employee of a military department) or a designee of the
Secretary. Paragraph (1) does not apply to the Department
of Defense.’’.
SEC. 339. REPEAL OF REQUIREMENT FOR PART-TIME CA-
REER OPPORTUNITY EMPLOYMENT REPORTS.
Section 3407 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(c) This section does not apply to the Department of
Defense.’’.
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SEC. 340. AUTHORITY OF CIVILIAN EMPLOYEES OF DE-
PARTMENT OF DEFENSE TO PARTICIPATE
VOLUNTARILY IN REDUCTIONS IN FORCE.
Section 3502 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(f)(1) The Secretary of Defense or the Secretary of
a military department may—
‘‘(A) release in a reduction in force an employee
who volunteers for the release even though the em-
ployee is not otherwise subject to release in the reduc-
tion in force under the criteria applicable under the
other provisions of this section; and
‘‘(B) for each employee voluntarily released in
the reduction in force under subparagraph (A), retain
an employee who would otherwise be released in the
reduction in force under such criteria.
‘‘(2) A voluntary release of an employee in a reduction
in force pursuant to paragraph (1) shall be treated as an
involuntary release in the reduction in force.
‘‘(3) The regulations prescribed under this section shall
incorporate the authority provided in this subsection.
‘‘(4) The authority under paragraph (1) may not be
exercised after September 30, 1996.’’.
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SEC. 341. AUTHORITY TO PAY SEVERANCE PAYMENTS IN
LUMP SUMS.
Section 5595 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(i)(1) In the case of an employee of the Department
of Defense who is entitled to severance pay under this sec-
tion, the Secretary of Defense or the Secretary of the mili-
tary department concerned may, upon application by the
employee, pay the total amount of the severance pay to the
employee in one lump sum.
‘‘(2)(A) If an employee paid severance pay in a lump
sum under this subsection is reemployed by the Government
of the United States or the government of the District of
Columbia at such time that, had the employee been paid
severance pay in regular pay periods under subsection (b),
the payments of such pay would have been discontinued
under subsection (d) upon such reemployment, the employee
shall refund to the Department of Defense (for the military
department that formerly employed the employee, if appli-
cable) an amount equal to the amount of severance pay to
which the employee was entitled under this section that
would not have been paid to the employee under subsection
(d) by reason of such reemployment.
‘‘(B) The period of service represented by an amount
of severance pay refunded by an employee under subpara-
graph (A) shall be considered service for which severance
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pay has not been received by the employee under this sec-
tion.
‘‘(C) Amounts refunded to an agency under this para-
graph shall be credited to the appropriation available for
the pay of employees of the agency for the fiscal year in
which received. Amounts so credited shall be merged with,
and shall be available for the same purposes and the same
period as, the other funds in that appropriation.
‘‘(3) This subsection applies with respect to severance
payable under this section for separations taking effect on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996 and before October
1, 1999.’’.
SEC. 342. HOLIDAYS FOR EMPLOYEES WHOSE BASIC WORK-
WEEK IS OTHER THAN MONDAY THROUGH
FRIDAY.
Section 6103(b) of title 5, United States Code, is
amended—
(1) in paragraph (2), by striking out ‘‘Instead’’
and inserting in lieu thereof ‘‘Except as provided in
paragraph (3), instead’’; and
(2) by adding at the end the following:
‘‘(3)(A) In the case of an employee of a military
department or any other employee of the Department
of Defense, subject to the discretion of the Secretary
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concerned, instead of a holiday that occurs on a regu-
lar weekly non-workday of an employee whose basic
workweek is other than Monday through Friday, the
legal holiday for the employee is—
‘‘(i) the workday of the employee imme-
diately before the regular weekly non-workday; or
‘‘(ii) if the holiday occurs on a regular
weekly non-workday administratively scheduled
for the employee instead of Sunday, the next im-
mediately following workday of the employee.
‘‘(B) For purposes of subparagraph (A), the term
‘Secretary concerned’ has the meaning given that
term in subparagraphs (A), (B), and (C) of section
101(a)(9) of title 10 and includes the Secretary of De-
fense with respect to an employee of the Department
of Defense who is not an employee of a military de-
partment.’’.
SEC. 343. COVERAGE OF NONAPPROPRIATED FUND EM-
PLOYEES UNDER AUTHORITY FOR FLEXIBLE
AND COMPRESSED WORK SCHEDULES.
Paragraph (2) of section 6121 of title 5, United States
Code, is amended to read as follows:
‘‘(2) ‘employee’ has the meaning given the term
in subsection (a) of section 2105 of this title, except
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that such term also includes an employee described
in subsection (c) of that section;’’.
Subtitle E—Defense Financial
Management
SEC. 351. FINANCIAL MANAGEMENT TRAINING.
(a) LIMITATION.—Funds authorized by this Act to be
appropriated for the Department of Defense may not be ob-
ligated for a capital lease for the establishment of a Depart-
ment of Defense financial management training center be-
fore the date that is 90 days after the date on which the
Secretary of Defense submits, in accordance with subsection
(b), a certification of the need for such a center and a report
on financial management training for Department of De-
fense personnel.
(b) CERTIFICATION AND REPORT.—(1) Before obligat-
ing funds for a Department of Defense financial manage-
ment training center, the Secretary of Defense shall—
(A) certify to the Committee on Armed Services
of the Senate and the Committee on National Secu-
rity of the House of Representatives the need for such
a center; and
(B) submit to such committees, with the certifi-
cation, a report on financial management training
for Department of Defense personnel.
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(2) Any report under paragraph (1) shall contain the
following:
(A) The Secretary’s analysis of the requirements
for providing financial management training for em-
ployees of the Department of Defense.
(B) The alternatives considered by the Secretary
for meeting those requirements.
(C) A detailed plan for meeting those require-
ments.
(D) A financial analysis of the estimated short-
term and long-term costs of carrying out the plan.
(E) If, after the analysis referred to in subpara-
graph (A) and after considering alternatives as de-
scribed in subparagraph (B), the Secretary deter-
mines to meet the requirements through a financial
management training center—
(i) the determination of the Secretary re-
garding the location for the university; and
(ii) a description of the process used by the
Secretary for selecting that location.
SEC. 352. LIMITATION ON OPENING OF NEW CENTERS FOR
DEFENSE FINANCE AND ACCOUNTING SERV-
ICE.
(a) LIMITATION.—During fiscal year 1996, the Sec-
retary of Defense may not establish any center for the De-
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fense Finance and Accounting Service that is not operating
on the date of the enactment of this Act.
(b) EXCEPTION.—If the Secretary submits to Congress
not later than March 31, 1996, a report containing a dis-
cussion of the need for establishing a new center prohibited
by subsection (a), the prohibition in such subsection shall
not apply to the center effective 30 days after the date on
which Congress receives the report.
(c) REEXAMINATION
OF NEED REQUIRED.—Before
submitting a report regarding a new center that the Sec-
retary planned before the date of the enactment of this Act
to establish on or after that date, the Secretary shall recon-
sider the need for establishing that center.
Subtitle F—Miscellaneous
Assistance
SEC. 361. DEPARTMENT OF DEFENSE FUNDING FOR NA-
TIONAL GUARD PARTICIPATION IN JOINT
DISASTER AND EMERGENCY ASSISTANCE EX-
ERCISES.
Section 503(a) of title 32, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following:
‘‘(2) Paragraph (1) includes authority to provide for
participation of the National Guard in conjunction with
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the Army or the Air Force, or both, in joint exercises for
instruction to prepare the National Guard for response to
civil emergencies and disasters.’’.
SEC. 362. OFFICE OF CIVIL-MILITARY PROGRAMS.
None of the funds authorized to be appropriated by this
or any other Act may be obligated or expended for the Office
of Civil-Military Programs within the Office of the Assist-
ant Secretary of Defense for Reserve Affairs.
SEC. 363. REVISION OF AUTHORITY FOR CIVIL-MILITARY
COOPERATIVE ACTION PROGRAM.
(a) RESERVE COMPONENTS TO BE USED FOR COOP-
ERATIVE ACTION.—Section 410 of title 10, United States
Code, is amended in the second sentence of subsection (a)
by inserting ‘‘of the reserve components and of the combat
support and combat service support elements of the regular
components’’ after ‘‘resources’’.
(b) PROGRAM OBJECTIVES.—Subsection (b) of such
section is amended by striking out paragraphs (1), (2), (3),
(4), (5), and (6) and inserting in lieu thereof the following:
‘‘(1) To enhance individual and unit training
and morale in the armed forces.
‘‘(2) To encourage cooperation between civilian
and military sectors of society.’’.
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(c) REGULATIONS.—Subsection (d) of such section is
amended by striking out paragraphs (5) and (6) and insert-
ing in lieu thereof the following:
‘‘(5) Procedures to ensure that Department of
Defense resources are not applied exclusively to the
program.
‘‘(6) A requirement that a commander of a unit
of the armed forces involved in providing assistance
certify that the assistance is consistent with the mili-
tary missions of the unit.’’.
SEC. 364. OFFICE OF HUMANITARIAN AND REFUGEE AF-
FAIRS.
None of the funds authorized to be appropriated by this
or any other Act may be obligated or expended for the Office
of Humanitarian and Refugee Affairs within the Office of
the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict.
SEC. 365. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC
AID PROGRAMS.
(a) GAO REPORT.—Not later than December 15, 1995,
the Comptroller General of the United States shall provide
to the congressional defense committees a report on—
(1) existing funding mechanisms available to
cover the costs associated with the Overseas Humani-
tarian, Disaster, and Civic Assistance activities
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through funds provided to the Department of State or
the Agency for International Development, and
(2) if such mechanisms do not exist, actions nec-
essary to institute such mechanisms, including any
changes in existing law or regulations.
Subtitle G—Operation of Morale,
Welfare, and Recreation Activities
SEC. 371. DISPOSITION OF EXCESS MORALE, WELFARE, AND
RECREATION FUNDS.
Section 2219 of title 10, United States Code, is amend-
ed—
(1) in the first sentence, by striking out ‘‘a mili-
tary department’’ and inserting in lieu thereof ‘‘an
armed force’’;
(2) in the second sentence—
(A) by striking out ‘‘, department-wide’’;
and
(B) by striking out ‘‘of the military depart-
ment’’ and inserting in lieu thereof ‘‘for that
armed force’’; and
(3) by adding at the end the following: ‘‘This sec-
tion does not apply to the Coast Guard.’’.
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SEC. 372. ELIMINATION OF CERTAIN RESTRICTIONS ON
PURCHASES AND SALES OF ITEMS BY EX-
CHANGE STORES AND OTHER MORALE, WEL-
FARE, AND RECREATION FACILITIES.
(a) RESTRICTIONS ELIMINATED.—(1) Subchapter II of
chapter 134 of title 10, United States Code, is amended by
adding at the end the following new section:
‘‘§ 2255. Military exchange stores and other morale,
welfare, and recreation facilities: sale of
items
‘‘(a) AUTHORITY.—The MWR retail facilities may sell
items in accordance with regulations prescribed by the Sec-
retary of Defense.
‘‘(b) CERTAIN RESTRICTIONS PROHIBITED.—The reg-
ulations may not include any of the following restrictions
on the sale of items:
‘‘(1) A restriction on the prices of items offered
for sale, including any requirement to establish prices
on the basis of a specific relationship between the
prices charged for the merchandise and the cost of the
merchandise to the MWR retail facilities concerned.
‘‘(2) A restriction on price of purchase of an
item.
‘‘(3) A restriction on the categories of items that
may be offered for sale.
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‘‘(4) A restriction on the size of items that may
be offered for sale.
‘‘(5) A restriction on the basis of—
‘‘(A) whether the item was manufactured,
produced, or mined in the United States; or
‘‘(B) the extent to which the merchandise
contains components or materials manufactured,
produced, or mined in the United States.
‘‘(c) MWR RETAIL FACILITY DEFINED.—In this sec-
tion, the term ‘MWR retail facilities’ means exchange stores
and other revenue generating facilities operated by
nonappropriated fund activities of the Department of De-
fense for the morale, welfare, and recreation of members of
the armed forces.’’.
(2) The table of sections at the beginning of subchapter
II of chapter 134 of such title is amended by adding at
the end the following:
‘‘2255. Military exchange stores and other morale, welfare, and recreation facili-
ties: sale of items.’’.
(b) REPORT.—Not later than June 1, 1996, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on National Secu-
rity of the House of Representatives a report that identifies
each restriction in effect immediately before the date of the
enactment of this Act that is terminated or made inapplica-
ble by section 2255 of title 10, United States Code (as added
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by subsection (a)), to exchange stores and other revenue gen-
erating facilities operated by nonappropriated fund activi-
ties of the Department of Defense for the morale, welfare,
and recreation of members of the Armed Forces.
SEC. 373. REPEAL OF REQUIREMENT TO CONVERT SHIPS’
STORES TO NONAPPROPRIATED FUND IN-
STRUMENTALITIES.
(a) REPEAL.—Section 371 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public Law 103–160;
107 Stat. 1634; 10 U.S.C. 7604 note) is amended by strik-
ing out subsections (a), (b), and (d).
(b) REPEAL OF RELATED CODIFIED PROVISIONS.—
Section 7604 of title 10, United States Code, is amended—
(1) in subsection (a), by striking out ‘‘(a) IN
GENERAL.—’’; and
(2) by striking out subsections (b) and (c).
Subtitle H—Other Matters
SEC. 381. NATIONAL DEFENSE SEALIFT FUND: AVAILABIL-
ITY FOR THE NATIONAL DEFENSE RESERVE
FLEET.
Section 2218 of title 10, United States Code is amend-
ed—
(1) in subsection (c)(1)—
(A) by striking out ‘‘and’’ at the end of sub-
paragraph (C);
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(B) by striking out the period at the end of
subparagraph (D) and inserting in lieu thereof
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) expenses of the National Defense Re-
serve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C.
App. 1744).’’; and
(2) in subsection (i), by striking out ‘‘Nothing’’
and inserting in lieu thereof ‘‘Except as provided in
subsection (c)(1)(E), nothing’’.
SEC. 382. AVAILABILITY OF RECOVERED LOSSES RESULT-
ING FROM CONTRACTOR FRAUD.
(a) DEPARTMENT OF DEFENSE TO RECEIVE 3 PER-
CENT.—Subchapter I of chapter 134 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2250. Recoveries of losses and expenses resulting
from contractor fraud
‘‘(a) RETENTION OF PART OF RECOVERY.—(1) Not-
withstanding any other provision of law, a portion of the
amount recovered by the Government in a fiscal year for
losses and expenses incurred by the Department of Defense
as a result of contractor fraud at military installations
shall be credited to appropriations accounts of the Depart-
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costs of carrying out or supporting investigations or
litigation of contractor fraud cases; and
‘‘(2) may credit to any appropriation account of
the department for that fiscal year (for use by each
installation concerned) the amount, if any, that ex-
ceeds the amount credited to appropriations accounts
under paragraph (1).
‘‘(d) RECOVERIES INCLUDED.—(1) Subject to para-
graph (2)(B), subsection (a) applies to amounts recovered
in civil or administrative actions (including settlements)
as actual damages, restitution, and investigative costs.
‘‘(2) Subsection (a) does not apply to—
‘‘(A) criminal fines, forfeitures, civil penalties,
and damages in excess of actual damages; or
‘‘(B) recoveries of losses or expenses incurred by
working-capital funds managed through the Defense
Business Operations Fund.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter I of such chapter is amended
by adding at the end the following:
‘‘2248. Recoveries of losses and expenses resulting from contractor fraud.’’.
SEC. 383. PERMANENT AUTHORITY FOR USE OF PROCEEDS
FROM THE SALE OF CERTAIN LOST, ABAN-
DONED, OR UNCLAIMED PROPERTY.
(a) PERMANENT AUTHORITY.—Section 2575 of title 10
is amended—
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(1) by striking out subsection (b) and inserting
in lieu thereof the following:
‘‘(b)(1) In the case of property found on a military
installation, the proceeds from the sale of the property
under this section shall be credited to the operation and
maintenance account of that installation and used—
‘‘(A) to reimburse the installation for any costs
incurred by the installation to collect, transport,
store, protect, or sell the property; and
‘‘(B) if all such costs are reimbursed, to support
morale, welfare, and recreation activities under the
jurisdiction of the armed forces conducted for the com-
fort, pleasure, contentment, or physical or mental im-
provement of members of the armed forces at that in-
stallation.
‘‘(2) The net proceeds from the sale of other property
under this section shall be covered into the Treasury as mis-
cellaneous receipts.’’; and
(2) by adding at the end the following:
‘‘(d)(1) The owner (or heirs, next of kin, or legal rep-
resentative of the owner) of personal property the proceeds
of which are credited to a military installation under sub-
section (b)(1) may file a claim with the Secretary of Defense
for the amount equal to the proceeds (less costs referred to
in subparagraph (A) of such subsection). Amounts to pay
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the claim shall be drawn from the morale, welfare, and
recreation account for the installation that received the pro-
ceeds.
‘‘(2) The owner (or heirs, next of kin, or legal rep-
resentative of the owner) may file a claim with the General
Accounting Office for proceeds covered into the Treasury
under subsection (b)(2).
‘‘(3) Unless a claim is filed under this subsection with-
in 5 years after the date of the disposal of the property
to which the claim relates, the claim may not be considered
by a court, the Secretary of Defense (in the case of a claim
filed under paragraph (1)), or the General Accounting Of-
fice (in the case of a claim filed under paragraph (2)).’’.
(b) REPEAL
OF AUTHORITY
FOR DEMONSTRATION
PROGRAM.—Section 343 of the National Defense Authoriza-
tion Act for Fiscal Years 1992 and 1993 (Public Law 102–
190; 105 Stat. 1343) is repealed.
SEC. 384. SALE OF MILITARY CLOTHING AND SUBSISTENCE
AND OTHER SUPPLIES OF THE NAVY AND MA-
RINE CORPS.
(a) IN GENERAL.—Chapter 651 of title 10, United
States Code, is amended by adding at the end the following
new section:
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‘‘§ 7606. Subsistence and other supplies: members of
armed forces; veterans; executive or mili-
tary departments and employees; prices
‘‘(a) The Secretary of the Navy shall procure and sell,
for cash or credit—
‘‘(1) articles designated by the Secretary to mem-
bers of the Navy and Marine Corps; and
‘‘(2) items of individual clothing and equipment
to members of the Navy and Marine Corps, under
such restrictions as the Secretary may prescribe.
An account of sales on credit shall be kept and the amount
due reported to the Secretary. Except for articles and items
acquired through the use of working capital funds under
section 2208 of this title, sales of articles shall be at cost,
and sales of individual clothing and equipment shall be at
average current prices, including overhead, as determined
by the Secretary.
‘‘(b) The Secretary shall sell subsistence supplies to
members of other armed forces at the prices at which like
property is sold to members of the Navy and Marine Corps.
‘‘(c) The Secretary may sell serviceable supplies, other
than subsistence supplies, to members of other armed forces
for the buyers’ use in the service. The prices at which the
supplies are sold shall be the same prices at which like prop-
erty is sold to members of the Navy and Marine Corps.
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‘‘(d) A person who has been discharged honorably or
under honorable conditions from the Army, Navy, Air Force
or Marine Corps and who is receiving care and medical
treatment from the Public Health Service or the Depart-
ment of Veterans Affairs may buy subsistence supplies and
other supplies, except articles of uniform, at the prices at
which like property is sold to members of the Navy and
Marine Corps.
‘‘(e) Under such conditions as the Secretary may pre-
scribe, exterior articles of uniform may be sold to a person
who has been discharged from the Navy or Marine Corps
honorably or under honorable conditions, at the prices at
which like articles are sold to members of the Navy or Ma-
rine Corps. This subsection does not modify sections 772
or 773 of this title.
‘‘(f) Payment for subsistence supplies sold under this
section shall be made in cash.
‘‘(g)(1) The Secretary may provide for the procurement
and sale of stores designated by the Secretary to such civil-
ian officers and employees of the United States, and such
other persons, as the Secretary considers proper—
‘‘(A) at military installations outside the United
States; and
‘‘(B) subject to paragraph (2), at military in-
stallations inside the United States where the Sec-
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retary determines that it is impracticable for those ci-
vilian officers, employees, and persons to obtain such
stores from commercial enterprises without impairing
the efficient operation of military activities.
‘‘(2) Sales to civilian officers and employees inside the
United States may be made under paragraph (1) only to
those residing within military installations.
‘‘(h) Appropriations for subsistence of the Navy or Ma-
rine Corps may be applied to the purchase of subsistence
supplies for sale to members of the Navy and Marine Corps
on active duty for the use of themselves and their families.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 651 of such title is amended by
adding at the end the following:
‘‘7606. Subsistence and other supplies: members of armed forces; veterans; execu-
tive or military departments and employees; prices.’’.
SEC. 385. CONVERSION OF CIVILIAN MARKSMANSHIP PRO-
GRAM TO NONAPPROPRIATED FUND INSTRU-
MENTALITY AND ACTIVITIES UNDER PRO-
GRAM.
(a) CONVERSION.—Section 4307 of title 10, United
States Code, is amended to read as follows:
‘‘§ 4307. Promotion of rifle practice and firearms safe-
ty: administration
‘‘(a) NONAPPROPRIATED FUND INSTRUMENTALITY.—
On and after October 1, 1995, the Civilian Marksmanship
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except that such amount may not ex-
ceed 125 percent of the average per-
pupil expenditure in all local edu-
cational agencies in the State; multi-
plied by
‘‘(II) the number of students de-
scribed in subparagraph (A) or (B) of
subsection (a)(1) for such agency;
minus
‘‘(ii) the amount of payments such
agency receives under subsections (b) and
(d) for such year.’’.
(c) CURRENT YEAR DATA.—Paragraph (4) of section
8003(f) of such Act (20 U.S.C. 7703(f)) is amended to read
as follows:
‘‘(4) CURRENT
YEAR
DATA.—For purposes of
providing assistance under this subsection the Sec-
retary—
‘‘(A) shall use student and revenue data
from the fiscal year for which the local edu-
cational agency is applying for assistance under
this subsection; and
‘‘(B) shall derive the per pupil expenditure
amount for such year for the local educational
agency’s comparable school districts by increas-
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ing or decreasing the per pupil expenditure data
for the second fiscal year preceding the fiscal
year for which the determination is made by the
same percentage increase or decrease reflected be-
tween the per pupil expenditure data for the
fourth fiscal year preceding the fiscal year for
which the determination is made and the per
pupil expenditure data for such second year.’’.
SEC. 388. FUNDING FOR TROOPS TO TEACHERS PROGRAM
AND TROOPS TO COPS PROGRAM.
(a) FUNDING.—Of the amount authorized to be appro-
priated under section 431—
(1) $42,000,000 shall be available for the Troops-
to-Teachers program; and
(2) $10,000,000 shall be available for the Troops-
to-Cops program.
(b) DEFINITION.—In this section:
(1) The term ‘‘Troops-to-Cops program’’ means
the program of assistance to separated members and
former members of the Armed Forces to obtain em-
ployment with law enforcement agencies established,
or carried out, under section 1152 of title 10, United
States Code.
(2) The term ‘‘Troops-to-Teachers program’’
means the program of assistance to separated mem-