H. R. 1119—286
or, in the case of the District of Columbia, the commanding general
of the District of Columbia National Guard may supplement funds
made available under the program out of other resources (including
gifts) available to the Governor or the commanding general. The
Governor or the commanding general may accept, use, and dispose
of gifts or donations of money, other property, or services for the
National Guard Challenge Program.
‘‘(k) REPORT.—Within 90 days after the end of each fiscal year,
the Secretary of Defense shall submit to Congress a report on
the design, conduct, and effectiveness of the National Guard Chal-
lenge Program during the preceding fiscal year. In preparing the
report, the Secretary shall coordinate with the Governor of each
State in which the National Guard Challenge Program is carried
out and, if the program is carried out in the District of Columbia,
with the commanding general of the District of Columbia National
Guard.
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘State’ includes the Commonwealth of Puerto
Rico, the territories, and the District of Columbia.
‘‘(2) The term ‘school dropout’ means an individual who
is no longer attending any school and who has not received
a secondary school diploma or a certificate from a program
of equivalency for such a diploma.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘509. National Guard Challenge Program of opportunities for civilian youth.’’.
SEC. 1077. DISQUALIFICATION FROM CERTAIN BURIAL-RELATED BENE-
FITS FOR PERSONS CONVICTED OF CAPITAL CRIMES.
(a) IN GENERAL.—(1) Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 985. Persons convicted of capital crimes: denial of certain
burial-related benefits
‘‘(a) PROHIBITION
OF PERFORMANCE
OF MILITARY HONORS.—
The Secretary of a military department and the Secretary of
Transportation, with respect to the Coast Guard when it is not
operating as a service in the Navy, may not provide military honors
at the funeral or burial of a person who has been convicted of
a capital offense under Federal or State law for which the person
was sentenced to death or life imprisonment without parole.
‘‘(b) DISQUALIFICATION
FROM
BURIAL
IN
MILITARY
CEME-
TERIES.—A person convicted of a capital offense under Federal
law is not entitled to or eligible for, and may not be provided,
burial in—
‘‘(1) Arlington National Cemetery;
‘‘(2) the Soldiers’ and Airmen’s National Cemetery; or
‘‘(3) any other cemetery administered by the Secretary of
a military department or the Secretary of Defense.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘capital offense’ means an offense for which
the death penalty may be imposed.
‘‘(2) The term ‘burial’ includes inurnment.
‘‘(3) The term ‘State’ includes the District of Columbia
and any commonwealth or territory of the United States.’’.
H. R. 1119—287
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘985. Persons convicted of capital crimes: denial of certain burial-related benefits.’’.
(b) APPLICABILITY.—Section 985 of title 10, United States Code,
as added by subsection (a), applies with respect to persons dying
after January 1, 1997.
SEC. 1078. RESTRICTIONS ON THE USE OF HUMAN SUBJECTS FOR
TESTING OF CHEMICAL OR BIOLOGICAL AGENTS.
(a) PROHIBITED ACTIVITIES.—The Secretary of Defense may not
conduct (directly or by contract)—
(1) any test or experiment involving the use of a chemical
agent or biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological
agent on human subjects.
(b) EXCEPTIONS.—Subject to subsections (c), (d), and (e), the
prohibition in subsection (a) does not apply to a test or experiment
carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical,
therapeutic, 
pharmaceutical, 
agricultural, 
industrial, 
or
research activity.
(2) Any purpose that is directly related to protection against
toxic chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose
related to riot control.
(c) INFORMED CONSENT REQUIRED.—The Secretary of Defense
may conduct a test or experiment described in subsection (b) only
if informed consent to the testing was obtained from each human
subject in advance of the testing on that subject.
(d) PRIOR NOTICE TO CONGRESS.—Not later than 30 days after
the date of final approval within the Department of Defense of
plans for any experiment or study to be conducted by the Depart-
ment of Defense (whether directly or under contract) involving
the use of human subjects for the testing of a chemical agent
or a biological agent, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
setting forth a full accounting of those plans, and the experiment
or study may then be conducted only after the end of the 30-
day period beginning on the date such report is received by those
committees.
(e) BIOLOGICAL AGENT DEFINED.—In this section, the term
‘‘biological agent’’ means any micro-organism (including bacteria,
viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious sub-
stance, and any naturally occurring, bioengineered, or synthesized
component of any such micro-organism, pathogen, or infectious sub-
stance, whatever its origin or method of production, that is capable
of causing—
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
(f) REPORT AND CERTIFICATION.—Section 1703(b) of the National
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b))
is amended by adding at the end the following new paragraph:
H. R. 1119—288
‘‘(9) A description of any program involving the testing
of biological or chemical agents on human subjects that was
carried out by the Department of Defense during the period
covered by the report, together with—
‘‘(A) a detailed justification for the testing;
‘‘(B) a detailed explanation of the purposes of the
testing;
‘‘(C) a description of each chemical or biological agent
tested; and
‘‘(D) the Secretary’s certification that informed consent
to the testing was obtained from each human subject in
advance of the testing on that subject.’’.
(g) REPEAL OF SUPERSEDED PROVISION OF LAW.—Section 808
of the Department of Defense Appropriation Authorization Act,
1978 (50 U.S.C. 1520), is repealed.
SEC. 1079. TREATMENT OF MILITARY FLIGHT OPERATIONS.
No military flight operation (including a military training
flight), or designation of airspace for such an operation, may be
treated as a transportation program or project for purposes of
section 303(c) of title 49, United States Code.
SEC. 1080. NATURALIZATION OF CERTAIN FOREIGN NATIONALS WHO
SERVE HONORABLY IN THE ARMED FORCES DURING A
PERIOD OF CONFLICT.
(a) IN GENERAL.—Section 329(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1440(a)(1)) is amended—
(1) by inserting ‘‘, reenlistment, extension of enlistment,’’
after ‘‘at the time of enlistment’’; and
(2) by inserting ‘‘or on board a public vessel owned or
operated by the United States for noncommercial service,’’ after
‘‘United States, the Canal Zone, American Samoa, or Swains
Island,’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to enlistments, reenlistments, extensions
of enlistment, and inductions of persons occurring on or after the
date of the enactment of this Act.
SEC. 1081. APPLICABILITY OF CERTAIN PAY AUTHORITIES TO
MEMBERS 
OF 
SPECIFIED 
INDEPENDENT 
STUDY
ORGANIZATIONS.
(a) APPLICABILITY
OF
CERTAIN
PAY
AUTHORITIES.—(1) An
individual who is a member of a commission or panel specified
in subsection (b) and is an annuitant otherwise covered by section
8344 or 8468 of title 5, United States Code, by reason of membership
on the commission or panel is not subject to the provisions of
that section with respect to such membership.
(2) An individual who is a member of a commission or panel
specified in subsection (b) and is a member or former member
of a uniformed service is not subject to the provisions of subsections
(b) and (c) of section 5532 of such title with respect to membership
on the commission or panel.
(b) SPECIFIED ENTITIES.—Subsection (a) applies—
(1) effective as of September 23, 1996, to members of the
National Defense Panel established by section 924 of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2626); and
H. R. 1119—289
(2) effective as of October 9, 1996, to members of the
Commission on Servicemembers and Veterans Transition
Assistance established by section 701 of the Veterans’ Benefits
Improvements Act of 1996 (Public Law 104–275; 110 Stat.
3346; 38 U.S.C. 545 note).
SEC. 1082. DISPLAY OF POW/MIA FLAG.
(a) REQUIRED DISPLAY.—The POW/MIA flag shall be displayed
at the locations specified in subsection (c) on POW/MIA flag display
days. Such display shall serve (1) as the symbol of the Nation’s
concern and commitment to achieving the fullest possible accounting
of Americans who, having been prisoners of war or missing in
action, still remain unaccounted for, and (2) as the symbol of the
Nation’s commitment to achieving the fullest possible accounting
for Americans who in the future may become prisoners of war,
missing in action, or otherwise unaccounted for as a result of
hostile action.
(b) DAYS FOR FLAG DISPLAY.—(1) For purposes of this section,
POW/MIA flag display days are the following:
(A) Armed Forces Day, the third Saturday in May.
(B) Memorial Day, the last Monday in May.
(C) Flag Day, June 14.
(D) Independence Day, July 4.
(E) National POW/MIA Recognition Day.
(F) Veterans Day, November 11.
(2) In addition to the days specified in paragraph (1), POW/
MIA flag display days include—
(A) in the case of display at medical centers of the Depart-
ment of Veterans Affairs (required by subsection (c)(7)), any
day on which the flag of the United States is displayed; and
(B) in the case of display at United States Postal Service
post offices (required by subsection (c)(8)), the last business
day before a day specified in paragraph (1) that in any year
is not itself a business day.
(c) LOCATIONS FOR FLAG DISPLAY.—The locations for the display
of the POW/MIA flag under subsection (a) are the following:
(1) The Capitol.
(2) The White House.
(3) The Korean War Veterans Memorial and the Vietnam
Veterans Memorial.
(4) Each national cemetery.
(5) The buildings containing the official office of—
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Veterans Affairs; and
(D) the Director of the Selective Service System.
(6) Each major military installation, as designated by the
Secretary of Defense.
(7) Each medical center of the Department of Veterans
Affairs.
(8) Each United States Postal Service post office.
(d) COORDINATION WITH OTHER DISPLAY REQUIREMENT.—Dis-
play of the POW/MIA flag at the Capitol pursuant to paragraph
(1) of subsection (c) is in addition to the display of that flag in
the Rotunda of the Capitol pursuant to Senate Concurrent Resolu-
tion 5 of the 101st Congress, agreed to on February 22, 1989
(103 Stat. 2533).