350
SEC. 1022. REPORT ON PROTECTION OF NATIONAL INFOR-
MATION INFRASTRUCTURE.
(a) REPORT REQUIREMENT.—Not later than 180
days after the date of the enactment of this Act, the Presi-
dent shall submit to Congress a report setting forth the
national policy on protecting the national information in-
frastructure against strategic attacks.
(b) MATTERS TO BE INCLUDED.—The report shall
include the following:
(1) A description of the national policy and
plans to meet essential Government and civilian
needs during a national security emergency associ-
ated with a strategic attack on elements of the na-
tional infrastructure the functioning of which depend
on networked computer systems.
(2) The identification of information infrastruc-
ture functions that must be performed during such
an emergency.
(3) The assignment of responsibilities to Fed-
eral departments and agencies, and a description of
the roles of Government and industry, relating to in-
dications and warning of, assessment of, response to,
and reconstitution after, potential strategic attacks
on the critical national infrastructures described
under paragraph (1).
351
(c) OUTSTANDING ISSUES.—The report shall also
identify any outstanding issues in need of further study
and resolution, such as technology and funding shortfalls,
and legal and regulatory considerations.
SEC. 1023. REPORT ON WITNESS INTERVIEW PROCEDURES
FOR DEPARTMENT OF DEFENSE CRIMINAL
INVESTIGATIONS.
(a) SURVEY OF MILITARY DEPARTMENT POLICIES
AND PRACTICES.—The Comptroller General of the United
States shall conduct a survey of the policies and practices
of the military criminal investigative organizations with re-
spect to the manner in which interviews of suspects and
witnesses are conducted in connection with criminal inves-
tigations. The purpose of the survey shall be to ascertain
whether or not investigators and agents from those organi-
zations engage in illegal, unnecessary, or inappropriate
harassment and intimidation of individuals being inter-
viewed.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committee on National Security of the
House of Representatives and the Committee on Armed
Services of the Senate a report concerning the survey
under subsection (a). The report shall specifically address
the following:
352
(1) The extent to which investigators of the
military criminal investigative organizations engage
in illegal or inappropriate practices in connection
with interviews of suspects in or witnesses to crimes.
(2) The extent to which the interview policies
established by the Department of Defense directive
or service regulation are adequate to instruct and
guide investigators in the proper conduct of subject
and witness interviews.
(3) The desirability and feasibility of requiring
the video and audio recording of all interviews.
(4) The desirability and feasibility of making
such recordings or written transcriptions of inter-
views, or both, available on demand to the subject or
witness interviewed.
(5) The extent to which existing directives or
regulations specify a prohibition against the display
by agents of those organizations of weapons during
interviews and the extent to which agents conducting
interviews inappropriately display weapons during
interviews.
(6) The extent to which existing directives or
regulations forbid agents of those organizations from
making judgmental statements during interviews re-
garding the guilt of the interviewee or the con-
353
sequences of failing to cooperate with investigators,
and the extent to which agents conducting interviews
nevertheless engage in such practices.
(7) Any recommendation for legislation to en-
sure that investigators and agents of the military
criminal investigative organizations use legal and
proper tactics during interviews in connection with
Department of Defense criminal investigations.
(c) RESULTS OF INTERVIEWS AND SURVEYS.—The
Comptroller General shall include in the report under sub-
section (b) the results of interviews and surveys conducted
under subsection (a) with persons who were witnesses or
subjects in investigations conducted by military criminal
investigative organizations.
(d) DEFINITION.—For the purposes of this section,
the term ‘‘military criminal investigative organization’’
means any of the following:
(1) The Army Criminal Investigation Com-
mand.
(2) The Air Force Office of Special Investiga-
tions.
(3) The Naval Criminal Investigative Service.
(4) The Defense Criminal Investigative Service.
354
Subtitle C—Other Matters
SEC. 1031. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) ALLOCATION.—Of the amounts appropriated for
the Department of Defense for the Defense Information
Infrastructure for each of fiscal years 1998 through 2001,
the Secretary of Defense shall allocate to an information
systems security program, under a separate program ele-
ment, amounts as follows:
(1) For fiscal year 1998, 2.5 percent.
(2) For fiscal year 1999, 3.0 percent.
(3) For fiscal year 2000, 3.5 percent.
(4) For fiscal year 2001, 4.0 percent.
(b) RELATIONSHIP TO OTHER AMOUNTS.—Amounts
allocated under subsection (a) are in addition to amounts
appropriated to the National Security Agency and the De-
fense Advanced Research Projects Agency for information
security development, acquisition, and operations.
(c) ANNUAL REPORT.—The Secretary of Defense
shall submit to the congressional defense committee and
congressional intelligence committees a report not later
than April 15 of each year from 1998 through 2002 that
describes information security objectives of the Depart-
ment of Defense, the progress made during the previous
year in meeting those objectives, and plans of the Sec-
355
retary with respect to meeting those objectives for the next
fiscal year.
SEC. 1032. AVIATION AND VESSEL WAR RISK INSURANCE.
(a) AVIATION RISK INSURANCE.—(1) Chapter 931 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 9514. Indemnification of Department of Transpor-
tation for losses covered by defense-relat-
ed aviation insurance
‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the
event of a loss that is covered by defense-related aviation
insurance, the Secretary of Defense shall promptly indem-
nify the Secretary of Transportation for the amount of
the loss. The Secretary of Defense shall make such indem-
nification—
‘‘(1) in the case of a claim for the loss of an
aircraft hull, not later than 30 days following the
date of the presentment of the claim to the Sec-
retary of Transportation; and
‘‘(2) in the case of any other claim, not later
than 180 days after the date on which the claim is
determined by the Secretary of Transportation to be
payable.
‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM-
NITY.—The Secretary may pay an indemnity described in
356
subsection (a) from any funds available to the Department
of Defense for operation and maintenance, and such sums
as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of
Transportation for such purpose.
‘‘(c) NOTICE TO CONGRESS.—In the event of a loss
that is covered by defense-related aviation insurance in the
case of an incident in which the covered loss is (or is ex-
pected to be) in an amount in excess of $1,000,000, the
Secretary of Defense shall submit to Congress—
‘‘(1) notification of the loss as soon after the
occurrence of the loss as possible and in no event
more than 30 days after the date of the loss; and
‘‘(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and
showing with respect to losses arising from such in-
cident the total amount expended to cover such
losses, the source of those funds, pending litigation,
and estimated total cost to the Government.
‘‘(d) IMPLEMENTING MATTERS.—(1) Payment of in-
demnification under this section is not subject to section
2214 or 2215 of this title or any other provision of law
requiring notification to Congress before funds may be
transferred.
357
‘‘(2) Consolidation of claims arising from the same
incident is not required before indemnification of the Sec-
retary of Transportation for payment of a claim may be
made under this section.
‘‘(e) CONSTRUCTION WITH OTHER TRANSFER AU-
THORITY.—Authority to transfer funds under this section
is in addition to any other authority provided by law to
transfer funds (whether enacted before, on, or after the
date of the enactment of this section) and is not subject
to any dollar limitation or notification requirement con-
tained in any other such authority to transfer funds.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) 
DEFENSE-RELATED
AVIATION
INSUR-
ANCE.—The term ‘defense-related aviation insur-
ance’ means aviation insurance and reinsurance pro-
vided through policies issued by the Secretary of
Transportation under chapter 443 of title 49 that
pursuant to section 44305(b) of that title is provided
by that Secretary without premium at the request of
the Secretary of Defense and is covered by an in-
demnity agreement between the Secretary of Trans-
portation and the Secretary of Defense.
‘‘(2) LOSS.—The term ‘loss’ includes damage to
or destruction of property, personal injury or death,
358
and other liabilities and expenses covered by the de-
fense-related aviation insurance.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘9514. Indemnification of Department of Transportation for losses covered by
defense-related aviation insurance.’’.
(b) VESSEL WAR RISK INSURANCE.—(1) Chapter
157 of title 10, United States Code, is amended by adding
after section 2644, as added by section 364(a), the follow-
ing new section:
‘‘§ 2645. Indemnification of Department of Transpor-
tation for losses covered by vessel war
risk insurance
‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the
event of a loss that is covered by vessel war risk insurance,
the Secretary of Defense shall promptly indemnify the
Secretary of Transportation for the amount of the loss.
The Secretary of Defense shall make such indemnifica-
tion—
‘‘(1) in the case of a claim for a loss to a vessel,
not later than 90 days following the date of the ad-
judication or settlement of the claim by the Sec-
retary of Transportation; and
‘‘(2) in the case of any other claim, not later
than 180 days after the date on which the claim is
359
determined by the Secretary of Transportation to be
payable.
‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM-
NITY.—The Secretary may pay an indemnity described in
subsection (a) from any funds available to the Department
of Defense for operation and maintenance, and such sums
as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of
Transportation for such purpose.
‘‘(c) DEPOSIT OF FUNDS.—(1) Any amount trans-
ferred to the Secretary of Transportation under this sec-
tion shall be deposited in, and merged with amounts in,
the Vessel War Risk Insurance Fund as provided in the
second sentence of section 1208(a) of the Merchant Ma-
rine Act, 1936 (46 U.S.C. App. 1288(a)).
‘‘(2) In this subsection, the term ‘Vessel War Risk
Insurance Fund’ means the insurance fund referred to in
the first sentence of section 1208(a) of the Merchant Ma-
rine Act, 1936 (46 U.S.C. App. 1288(a)).
‘‘(d) NOTICE TO CONGRESS.—In the event of a loss
that is covered by vessel war risk insurance in the case
of an incident in which the covered loss is (or is expected
to be) in an amount in excess of $1,000,000, the Secretary
of Defense shall submit to Congress—
360
‘‘(1) notification of the loss as soon after the
occurrence of the loss as possible and in no event
more than 30 days after the date of the loss; and
‘‘(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and
showing with respect to losses arising from such in-
cident the total amount expended to cover such
losses, the source of such funds, pending litigation,
and estimated total cost to the Government.
‘‘(e) IMPLEMENTING MATTERS.—(1) Payment of in-
demnification under this section is not subject to section
2214 or 2215 of this title or any other provision of law
requiring notification to Congress before funds may be
transferred.
‘‘(2) Consolidation of claims arising from the same
incident is not required before indemnification of the Sec-
retary of Transportation for payment of a claim may be
made under this section.
‘‘(f) CONSTRUCTION WITH OTHER TRANSFER AU-
THORITY.—Authority to transfer funds under this section
is in addition to any other authority provided by law to
transfer funds (whether enacted before, on, or after the
date of the enactment of this section) and is not subject
to any dollar limitation or notification requirement con-
tained in any other such authority to transfer funds.
361
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) VESSEL WAR RISK INSURANCE.—The term
‘vessel war risk insurance’ means insurance and re-
insurance provided through policies issued by the
Secretary of Transportation under title XII of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1281
et seq.), that is provided by that Secretary without
premium at the request of the Secretary of Defense
and is covered by an indemnity agreement between
the Secretary of Transportation and the Secretary of
Defense.
‘‘(2) LOSS.—The term ‘loss’ includes damage to
or destruction of property, personal injury or death,
and other liabilities and expenses covered by the ves-
sel war risk insurance.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding after the item relating to
section 2644, as added by section 364(c)(3), the following
new item:
‘‘2645. Indemnification of Department of Transportation for losses covered by
vessel war risk insurance.’’.
SEC. 1033. AIRCRAFT ACCIDENT INVESTIGATION BOARDS.
(a) 
INDEPENDENCE
AND
OBJECTIVITY
OF
BOARDS.—(1) Chapter 134 of title 10, United States
Code, is amended by adding at the end the following new
section:
362
‘‘§ 2255. Aircraft accident investigation boards: inde-
pendence and objectivity
‘‘(a) REQUIRED MEMBERSHIP OF BOARDS.—When-
ever the Secretary of a military department convenes a
aircraft accident investigation board to conduct an acci-
dent investigation of an accident involving an aircraft
under the jurisdiction of the Secretary, the Secretary shall
select the membership of the board so that—
‘‘(1) a majority of the voting members of the
board are selected from units outside the chain of
command of the mishap unit; and
‘‘(2) at least one voting member of the board is
an officer or an employee assigned to the relevant
service safety center.
‘‘(b) DETERMINATION
OF UNITS OUTSIDE SAME
CHAIN OF COMMAND.—For purposes of this section, a
unit shall be considered to be outside the chain of com-
mand of another unit if the two units do not have a com-
mon commander in their respective chains of command
below a position for which the authorized grade is major
general or rear admiral.
‘‘(c) MISHAP UNIT DEFINED.—In this section, the
term ‘mishap unit’, with respect to an aircraft accident
investigation, means the unit of the armed forces (at the
squadron level or equivalent) to which was assigned the
363
flight crew of the aircraft that sustained the accident that
is the subject of the investigation.
‘‘(d) SERVICE SAFETY CENTER.—For purposes of
this section, a service safety center is the single office or
separate operating agency of a military department that
has responsibility for the management of aviation safety
matters for that military department.’’.
(2) The table of sections at the beginning of sub-
chapter II of such chapter is amended by adding at the
end the following new item:
‘‘2255. Aircraft accident investigation boards: independence and objectivity.’’.
(b) EFFECTIVE DATE.—Section 2255 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to any aircraft accident investigation
board convened by the Secretary of a military department
after the end of the six-month period beginning on the
date of the enactment of this Act.
SEC. 1034. AUTHORITY FOR USE OF APPROPRIATED FUNDS
FOR RECRUITING FUNCTIONS.
(a) AUTHORITY.—Chapter 31 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 520c. Recruiting functions: use of funds
‘‘Under regulations prescribed by the Secretary con-
cerned, funds appropriated to the Department of Defense
364
may be expended for small meals and snacks during re-
cruiting functions for the following persons:
‘‘(1) Persons who have entered the Delayed
Entry Program under section 513 of this title and
other persons who are the subject of recruiting ef-
forts.
‘‘(2) Persons in communities who assist the
military departments in recruiting efforts.
‘‘(3) Military or civilian personnel whose attend-
ance at such functions is mandatory.
‘‘(4) Other persons whose presence at recruiting
functions will contribute to recruiting efforts.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘520c. Recruiting functions: use of funds.’’.
SEC. 1035. AUTHORITY FOR AWARD OF MEDAL OF HONOR
TO CERTAIN AFRICAN AMERICAN SOLDIERS
WHO SERVED DURING WORLD WAR II.
(a) INAPPLICABILITY OF TIME LIMITATIONS.—Not-
withstanding the time limitations in section 3744(b) of
title 10, United States Code, or any other time limitation,
the President may award the Medal of Honor to the per-
sons specified in subsection (b), each of whom has been
found by the Secretary of the Army to have distinguished
himself conspicuously by gallantry and intrepidity at the
365
risk of his life above and beyond the call of duty while
serving in the United States Army during World War II.
(b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF
HONOR.—The persons referred to in subsection (a) are
the following:
(1) Vernon J. Baker, who served as a first lieu-
tenant in the 370th Infantry Regiment, 92nd Infan-
try Division.
(2) Edward A. Carter, who served as a staff
sergeant in the 56th Armored Infantry Battalion,
Twelfth Armored Division.
(3) John R. Fox, who served as a first lieuten-
ant in the 366th Infantry Regiment, 92nd Infantry
Division.
(4) Willy F. James, Jr., who served as a private
first class in 413th Infantry Regiment, 104th Infan-
try Division.
(5) Ruben Rivers, who served as a staff ser-
geant in the 761st Tank Battalion.
(6) Charles L. Thomas, who served as a first
lieutenant in the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in
the 29th Quartermaster Regiment.
366
(c) POSTHUMOUS AWARD.—The Medal of Honor may
be awarded under this section posthumously, as provided
in section 3752 of title 10, United States Code.
(d) PRIOR AWARD.—The Medal of Honor may be
awarded under this section for service for which a Distin-
guished-Service Cross, or other award, has been awarded.
SEC. 1036. COMPENSATION FOR PERSONS AWARDED PRIS-
ONER OF WAR MEDAL WHO DID NOT PRE-
VIOUSLY 
RECEIVE 
COMPENSATION 
AS 
A
PRISONER OF WAR.
(a) AUTHORITY TO MAKE PAYMENTS.—The Sec-
retary of the military department concerned shall make
payments in the manner provided in section 6 of the War
Claims Act of 1948 (50 U.S.C. App. 2005) to (or on be-
half of) any person described in subsection (b) who sub-
mits an application for such payment in accordance with
subsection (d).
(b) ELIGIBLE PERSONS.—This section applies with
respect to a member or former member of the Armed
Forces who—
(1) has received the prisoner of war medal
under section 1128 of title 10, United States Code;
and
(2) has not previously received a payment under
section 6 of the War Claims Act of 1948 (50 U.S.C.
367
App. 2005) with respect to the period of internment
for which the person received the prisoner of war
medal.
(c) AMOUNT OF PAYMENT.—The amount of the pay-
ment to any person under this section shall be determined
based upon the provisions of section 6 of the War Claims
Act of 1948 that are applicable with respect to the period
of time during which the internment occurred for which
the person received the prisoner of war medal.
(d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLI-
CATIONS.—A payment may be made by reason of this sec-
tion only in the case of a person who submits an applica-
tion to the Secretary concerned for such payment during
the one-year period beginning on the date of the enact-
ment of this Act. Any such application shall be submitted
in such form and manner as the Secretary may require.
SEC. 1037. GEORGE C. MARSHALL EUROPEAN CENTER FOR
STRATEGIC SECURITY STUDIES.
(a) ACCEPTANCE
OF CONTRIBUTIONS.—The Sec-
retary of Defense may accept, on behalf of the George C.
Marshall European Center for Security Studies, from any
foreign nation any contribution of money or services made
by such nation to defray the cost of, or enhance the oper-
ations of, the George C. Marshall European Center for
Security Studies. Such contributions may include guest
368
lecturers, faculty services, research materials, and other
donations through foundations or similar sources.
(b) NOTICE TO CONGRESS.—The Secretary of De-
fense shall notify Congress if total contributions of money
under subsection (a) exceed $2,000,000 in any fiscal year.
Any such notice shall list the nations and the amounts
of each such contribution.
(c) MARSHALL CENTER ATTENDANCE AND REPORT-
ING REQUIREMENT.—(1) The Secretary of Defense may
authorize participation by a European or Eurasian nation
in Marshall Center programs if—
(A) the Secretary determines, after consultation
with the Secretary of State, that such participation
is in the national interest of the United States; and
(B) the Secretary determines that such partici-
pation (notwithstanding any other provision of law)
by that nation in Marshall Center programs will ma-
terially contribute to the reform of the electoral
process or development of democratic institutions or
democratic political parties in that nation.
(2) The Secretary of Defense shall notify Congress
of such determination not less than 90 days in advance
of any such participation by such nation pursuant to the
determination concerning that nation.
369
(3) The Secretary of Defense shall submit to Con-
gress an annual report on the participation of European
and Eurasian nations in programs of the Marshall Center.
(d) MARSHALL CENTER BOARD OF VISITORS.—(1)
In the case of any United States citizen invited to serve
without compensation on the Marshall Center Board of
Visitors, the Secretary of Defense may waive any require-
ment for financial disclosure that would otherwise be ap-
plicable to that person by reason of service on such Board
of Visitors.
(2) Notwithstanding section 219 of title 18, United
States Code, a non-United States citizen may serve on the
Board even though registered as a foreign agent.
SEC. 1038. PARTICIPATION OF MEMBERS, DEPENDENTS,
AND OTHER PERSONS IN CRIME PREVENTION
EFFORTS AT INSTALLATIONS.
(a) CRIME PREVENTION.—The Secretary of Defense
shall prescribe regulations intended to require members of
the Armed Forces, dependents of members, civilian em-
ployees of the Department of Defense, and employees of
defense contractors performing work at military installa-
tions to report to an appropriate military law enforcement
agency any crime or criminal activity that the person rea-
sonably believes occurred on a military installation.
370
(b) SANCTIONS.—As part of the regulations, the Sec-
retary shall consider the feasibility of imposing sanctions
against a person described in subsection (a), particularly
a member of the Armed Forces, who fails to report the
occurrence of a crime or criminal activity as required by
the regulations.
(c) REPORT REGARDING IMPLEMENTATION.—Not
later than February 1, 1997, the Secretary shall submit
to Congress a report describing the plans of the Secretary
to implement this section.
SEC. 1039. TECHNICAL AND CLERICAL AMENDMENTS.
(a) CORRECTIONS IN STATUTORY REFERENCES.—
(1) REFERENCE
TO
COMMAND
FORMERLY
KNOWN
AS
THE
NORTH
AMERICAN
AIR
DEFENSE
COMMAND.—Section 162(a) of title 10, United
States Code, is amended by striking out ‘‘North
American Air Defense Command’’ in paragraphs
(1), (2), and (3) and inserting in lieu thereof ‘‘North
American Aerospace Defense Command’’.
(2) REFERENCES TO FORMER NAVAL RECORDS
AND
HISTORY
OFFICE
AND
FUND.—(A) Section
7222 of title 10, United States Code, is amended in
subsections (a) and (c) by striking out ‘‘Office of
Naval Records and History’’ each place it appears
371
and inserting in lieu thereof ‘‘Naval Historical Cen-
ter’’.
(B)(i) The heading of such section is amended
to read as follows:
‘‘§ 7222. Naval Historical Center Fund’’.
(ii) The item relating to such section in the
table of sections at the beginning of chapter 631 of
title 10, United States Code, is amended to read as
follows:
‘‘7222. Naval Historical Center Fund.’’.
(C) Section 2055(g) of the Internal Revenue
Code of 1986 is amended by striking out paragraph
(4) and inserting in lieu thereof the following:
‘‘(4) For treatment of gifts and bequests for the
benefit of the Naval Historical Center as gifts or be-
quests to or for the use of the United States, see sec-
tion 7222 of title 10, United States Code.’’.
(3) CHEMICAL
DEMILITARIZATION
CITIZENS
ADVISORY COMMISSIONS.—Section 172 of the Na-
tional Defense Authorization Act for Fiscal Year
1993 (Public Law 102–484; 106 Stat. 2341; 50
U.S.C. 1521 note) is amended by striking out ‘‘As-
sistant Secretary of the Army (Installations, Logis-
tics, and Environment)’’ in subsections (b) and (f)
and inserting in lieu thereof ‘‘Assistant Secretary of
the Army (Research, Development and Acquisi-
tion)’’.
372
(b) MISCELLANEOUS AMENDMENTS TO TITLE 10,
United States Code.—Title 10, United States Code, is
amended as follows:
(1) Section 129(a) is amended by striking out
‘‘the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1996’’ and insert-
ing in lieu thereof ‘‘February 10, 1996,’’.
(2) Section 401 is amended—
(A) in subsection (a)(4), by striking out
‘‘Armed Forces’’ both places it appears and in-
serting in lieu thereof ‘‘armed forces’’; and
(B) in subsection (e), by inserting ‘‘any of
the following’’ after ‘‘means’’.
(3) Section 528(b) is amended by striking out
‘‘(1)’’ after ‘‘(b)’’ and inserting ‘‘(1)’’ before ‘‘The
limitation’’.
(4) Section 1078a(a) is amended by striking
out ‘‘Beginning on October 1, 1994, the’’ and insert-
ing in lieu thereof ‘‘The’’.
(5) Section 1161(b)(2) is amended by striking
out ‘‘section 1178’’ and inserting in lieu thereof
‘‘section 1167’’.
(6) Section 1167 is amended by striking out
‘‘person’’ and inserting in lieu thereof ‘‘member’’.
373
(7) The table of sections at the beginning of
chapter 81 is amended by striking out ‘‘Sec.’’ in the
item relating to section 1599a.
(8) Section 1588(d)(1)(C) is amended by strik-
ing out ‘‘Section 522a’’ and inserting in lieu thereof
‘‘Section 552a’’.
(9) Chapter 87 is amended—
(A) in section 1723(a), by striking out the
second sentence;
(B) in section 1724, by striking out ‘‘, be-
ginning on October 1, 1993,’’ in subsections (a)
and (b);
(C) in section 1733(a), by striking out ‘‘On
and after October 1, 1993, a’’ and inserting in
lieu thereof ‘‘A’’; and
(D) in section 1734—
(i) in subsection (a)(1), by striking
out ‘‘, on and after October 1, 1993,’’; and
(ii) in subsection (b)(1)(A), by strik-
ing out ‘‘, on and after October 1, 1991,’’.
(10) Section 2216, as added by section 371 of
the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 107 Stat. 277), is
redesignated as section 2216a, and the item relating
to that section in the table of sections at the begin-
374
ning of chapter 131 is revised so as to reflect such
redesignation.
(11) Section 2305(b)(6) is amended—
(A) in subparagraph (B), by striking out
‘‘of this section’’ and ‘‘of this paragraph’’;
(B) in subparagraph (C), by striking out
‘‘this subsection’’ and inserting in lieu thereof
‘‘subparagraph (A)’’; and
(C) in subparagraph (D), by striking out
‘‘pursuant to this subsection’’ and inserting in
lieu thereof ‘‘under subparagraph (A)’’.
(12) Section 2306a(h)(3) is amended by insert-
ing ‘‘(41 U.S.C. 403(12))’’ before the period at the
end.
(13) Section 2323a(a) is amended by striking
out ‘‘section 1207 of the National Defense Author-
ization Act for Fiscal Year 1987 (10 U.S.C. 2301
note)’’ and inserting in lieu thereof ‘‘section 2323 of
this title’’.
(14) Section 2534(c)(4) is amended by striking
out ‘‘the date occurring two years after the date of
the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1996’’ and inserting in lieu
thereof ‘‘February 10, 1998’’.
375
(15) The table of sections at the beginning of
chapter 155 is amended by striking out the item re-
lating to section 2609.
(16) Section 2610(e) is amended by striking
out ‘‘two years after the date of the enactment of
the National Defense Authorization Act for Fiscal
Year 1996’’ and inserting in lieu thereof ‘‘on Feb-
ruary 10, 1998’’.
(17) Sections 2824(c) and 2826(i)(1) are
amended by striking out ‘‘the date of the enactment
of the National Defense Authorization Act for Fiscal
Year 1996’’ and inserting in lieu thereof ‘‘February
10, 1996’’.
(18) Section 3036(d) is amended by striking
out ‘‘For purposes of this subsection,’’ and inserting
in lieu thereof ‘‘In this subsection,’’.
(19) The table of sections at the beginning of
chapter 641 is amended by striking out the item re-
lating to section 7434.
(20) Section 10542(b)(21) is amended by strik-
ing out ‘‘261’’ and inserting in lieu thereof ‘‘12001’’.
(21) Section 12205(a) is amended by striking
out ‘‘After September 30, 1995, no person’’ and in-
serting in lieu thereof ‘‘No person’’.
376
(c) AMENDMENTS TO PUBLIC LAW 104–106.—The
National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 110 Stat. 186 et seq.) is amended
as follows:
(1) Section 561(d)(1) (110 Stat. 322) is
amended by inserting ‘‘of such title’’ after ‘‘Section
1405(c)’’.
(2) Section 903(e)(1) (110 Stat. 402) is amend-
ed—
(A) in subparagraph (A), by striking out
‘‘paragraphs (6) and (8)’’ and inserting in lieu
thereof ‘‘paragraph (6)’’; and
(B) in subparagraph (B), by inserting
‘‘(8),’’ after ‘‘(7),’’ and by striking out ‘‘and
(9),’’ and inserting in lieu thereof ‘‘(9), and
(10),’’.
(3) Section 1092(b)(2) (110 Stat. 460) is
amended by striking out the period at the end and
inserting in lieu thereof ‘‘; and’’.
(4) Section 4301(a)(1) (110 Stat. 656) is
amended by inserting ‘‘of subsection (a)’’ after ‘‘in
paragraph (2)’’.
(5) Section 5601 (110 Stat. 699) is amended—
377
(A) in subsection (a), by inserting ‘‘of title
10, United States Code,’’ before ‘‘is amended’’;
and
(B) in subsection (c), by striking out ‘‘use
of equipment or services, if’’ in the second
quoted matter therein and inserting in lieu
thereof ‘‘use of the equipment or services’’.
(d) PROVISIONS EXECUTED BEFORE ENACTMENT OF
PUBLIC LAW 104–106.—
(1) Section 533(b) of the National Defense Au-
thorization Act for Fiscal Year 1996 (Public Law
104–106; 110 Stat. 315) shall apply as if enacted as
of December 31, 1995.
(2) The authority provided under section 942(f)
of title 10, United States Code, shall be effective as
if section 1142 of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 467) had been enacted on September 29,
1995.
(e) AMENDMENTS TO OTHER ACTS.—
(1) The last section of the Office of Federal
Procurement Policy Act (41 U.S.C. 434), as added
by section 5202 of Public Law 104–106 (110 Stat.
690), is redesignated as section 38, and the item ap-
pearing after section 34 in the table of contents in
378
the first section of that Act is transferred to the end
of such table of contents and revised so as to reflect
such redesignation.
(2) Section 1412(g)(2) of the Department of
Defense Authorization Act, 1986 (50 U.S.C.
1521(g)(2)), is amended—
(A) in the matter preceding subparagraph
(A), by striking out ‘‘shall contain—’’ and in-
serting in lieu thereof ‘‘shall include the follow-
ing:’’;
(B) in subparagraph (A)—
(i) by striking out ‘‘a’’ before ‘‘site-by-
site’’ and inserting in lieu thereof ‘‘A’’; and
(ii) by striking out the semicolon at
the end and inserting in lieu thereof a pe-
riod; and
(C) in subparagraphs (B) and (C), by
striking out ‘‘an’’ at the beginning of the sub-
paragraph and and inserting in lieu thereof
‘‘An’’.
(f) COORDINATION WITH OTHER AMENDMENTS.—
For purposes of applying amendments made by provisions
of this Act other than provisions of this section, this sec-
tion shall be treated as having been enacted immediately
before the other provisions of this Act.
379
SEC. 1040. PROHIBITION ON CARRYING OUT SR–71 STRATE-
GIC RECONNAISSANCE PROGRAM DURING
FISCAL YEAR 1997.
The Secretary of Defense may not carry out any aer-
ial reconnaissance program during fiscal year 1997 using
the SR–71 aircraft.
SEC. 1041. DEFENSE BURDENSHARING.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) Although the Cold War has ended, the
United States continues to spend billions of dollars
to promote regional security and to make prepara-
tions for regional contingencies.
(2) United States defense expenditures pri-
marily promote United States national security in-
terests; however, they also significantly contribute to
the defense of our allies.
(3) In 1993, the gross domestic product of the
United States equaled $6,300,000,000,000, while
the gross domestic product of other NATO member
countries totaled $7,200,000,000,000.
(4) Over the course of 1993, the United States
spent 4.7 percent of its gross domestic product on
defense, while other NATO members collectively
spent 2.5 percent of their gross domestic product on
defense.
380
(5) In addition to military spending, foreign as-
sistance plays a vital role in the establishment and
maintenance of stability in other nations and in im-
plementing the United States national security strat-
egy.
(6) This assistance has often prevented the out-
break of conflicts which otherwise would have re-
quired costly military interventions by the United
States and our allies.
(7) From 1990–1993, the United States spent
$59,000,000,000 in foreign assistance, a sum which
represents an amount greater than any other nation
in the world.
(8) In 1995, the United States spent over
$10,000,000,000 to promote European security,
while European NATO nations only contributed
$2,000,000,000 toward this effort.
(9) With a smaller gross domestic product and
a larger defense budget than its European NATO
allies, the United States shoulders an unfair share
of the burden of the common defense.
(10) Because of this unfair burden, the Con-
gress previously voted to require United States allies
to bear a greater share of the costs incurred for
381
keeping United States military forces permanently
assigned in their countries.
(11) As a result of this action, for example,
Japan now pays over 75 percent of the nonpersonnel
costs incurred by United States military forces per-
manently assigned there, while our European allies
pay for less than 25 percent of these same costs.
Japan signed a new Special Measures Agreement
this year which will increase Japan’s contribution to-
ward the cost of stationing United States troops in
Japan by approximately $30,000,000 a year over the
next five years.
(12) These increased contributions help to rec-
tify the imbalance in the burden shouldered by the
United States for the common defense.
(13) The relative share of the burden of the
common defense still falls too heavily on the United
States, and our allies should dedicate more of their
own resources to defending themselves.
(b) 
EFFORTS
TO
INCREASE
ALLIED
BURDENSHARING.—The President shall seek to have each
nation that has cooperative military relations with the
United States (including security agreements, basing ar-
rangements, or mutual participation in multinational mili-
382
tary organizations or operations) take one or more of the
following actions:
(1) For any nation in which United States mili-
tary personnel are assigned to permanent duty
ashore, increase its financial contributions to the
payment of the nonpersonnel costs incurred by the
United States Government for stationing United
States military personnel in that nation, with a goal
of achieving the following percentages of such costs:
(A) By September 30, 1997, 37.5 percent.
(B) By September 30, 1998, 50 percent.
(C) By September 30, 1999, 62.5 percent.
(D) By September 30, 2000, 75 percent.
An increase in financial contributions by any nation
under this paragraph may include the elimination of
taxes, fees, or other charges levied on United States
military personnel, equipment, or facilities stationed
in that nation.
(2) Increase its annual budgetary outlays for
national defense as a percentage of its gross domes-
tic product by 10 percent or at least to a level com-
mensurate to that of the United States by Septem-
ber 30, 1997.
(3) Increase its annual budgetary outlays for
foreign assistance (to promote democratization, eco-
383
nomic stabilization, transparency arrangements, de-
fense economic conversion, respect for the rule of
law, and internationally recognized human rights) by
10 percent or at least to a level commensurate to
that of the United States by September 30, 1997.
(4) Increase the amount of military assets (in-
cluding personnel, equipment, logistics, support and
other resources) that it contributes, or would be pre-
pared to contribute, to multinational military activi-
ties worldwide, including United Nations or regional
peace operations.
(c) AUTHORITIES TO ENCOURAGE ACTIONS BY UNIT-
ED STATES ALLIES.—In seeking the actions described in
subsection (b) with respect to any nation, or in response
to a failure by any nation to undertake one or more of
such actions, the President may take any of the following
measures:
(1) Reduce the end strength level of members
of the Armed Forces assigned to permanent duty
ashore in that nation.
(2) Impose on that nation taxes, fees, or other
charges similar to those that such nation imposes on
United States forces stationed in that nation.
(3) Reduce (through rescission, impoundment,
or other appropriate procedures as authorized by
384
law) the amount the United States contributes to
the NATO Civil Budget, Military Budget, or Secu-
rity Investment Program.
(4) Suspend, modify, or terminate any bilateral
security agreement the United States has with that
nation.
(5) Reduce (through rescission, impoundment
or other appropriate procedures as authorized by
law) any United States bilateral assistance appro-
priated for that nation.
(6) Take any other action the President deter-
mines to be appropriate as authorized by law.
(d) REPORT ON PROGRESS IN INCREASING ALLIED
BURDENSHARING.—Not later than March 1, 1997, the
Secretary of Defense shall submit to Congress a report
on—
(1) steps taken by other nations to complete the
actions described in subsection (b);
(2) all measures taken by the President, includ-
ing those authorized in subsection (c), to achieve the
actions described in subsection (b); and
(3) the budgetary savings to the United States
that are expected to accrue as a result of the steps
described under paragraph (1).
385
(e) REPORT ON NATIONAL SECURITY BASES FOR
FORWARD DEPLOYMENT
AND BURDENSHARING RELA-
TIONSHIPS.—(1) In order to ensure the best allocation of
budgetary resources, the President shall undertake a re-
view of the status of elements of the United States Armed
Forces that are permanently stationed outside the United
States. The review shall include an assessment of the fol-
lowing:
(A) The alliance requirements that are to be
found in agreements between the United States and
other countries.
(B) The national security interests that support
permanently stationing elements of the United
States Armed Forces outside the United States.
(C) The stationing costs associated with the
forward deployment of elements of the United States
Armed Forces.
(D) The alternatives available to forward de-
ployment (such as material prepositioning, enhanced
airlift and sealift, or joint training operations) to
meet such alliance requirements or national security
interests, with such alternatives identified and de-
scribed in detail.
386
(E) The costs and force structure configura-
tions associated with such alternatives to forward
deployment.
(F) The financial contributions that allies of
the United States make to common defense efforts
(to promote democratization, economic stabilization,
transparency arrangements, defense economic con-
version, respect for the rule of law, and internation-
ally recognized human rights).
(G) The contributions that allies of the United
States make to meeting the stationing costs associ-
ated with the forward deployment of elements of the
United States Armed Forces.
(H) The annual expenditures of the United
States and its allies on national defense, and the rel-
ative percentages of each nation’s gross domestic
product constituted by those expenditures.
(2) The President shall submit to Congress a report
on the review under paragraph (1). The report shall be
submitted not later than March 1, 1997, in classified and
unclassified form.
387
SEC. 1042. AUTHORITY TO TRANSPORT HEALTH PROFES-
SIONALS SEEKING TO PROVIDE HEALTH-RE-
LATED HUMANITARIAN RELIEF SERVICES.
Section 402 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e)(1) Notwithstanding any other provision of law,
and subject to paragraph (2), the Secretary of Defense
may transport to any country, without charge, health pro-
fessionals who are traveling in order to furnish health-care
related services as part of a humanitarian relief activity.
Such transportation may be provided only on an invita-
tional space-required noninterference basis.
‘‘(2) Any expenses incurred as a direct result of pro-
viding such transportation shall be paid out of funds spe-
cifically appropriated to the Department of Defense for
Overseas 
Humanitarian, 
Disaster, 
and 
Civic 
Aid
(OHDACA) programs of the Department.’’.
SEC. 1043. TREATMENT OF EXCESS DEFENSE ARTICLES OF
COAST GUARD UNDER FOREIGN ASSISTANCE
ACT OF 1961.
(a) DEFINITION OF EXCESS DEFENSE ARTICLE.—
Section 644(g) of the Foreign Assistance Act of 1961 (22
U.S.C. 2403(g)) is amended by adding at the end the fol-
lowing new sentence: ‘‘Such term includes excess property
of the Coast Guard.’’.
388
(b) CONFORMING
AMENDMENT.—Section 517 of
such Act (22 U.S.C. 2321k) is amended by striking out
subsection (k).
SEC. 1044. FORFEITURE OF RETIRED PAY OF MEMBERS
WHO ARE ABSENT FROM THE UNITED STATES
TO AVOID PROSECUTION.
(a) DEVELOPMENT OF FORFEITURE PROCEDURES.—
Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall develop uniform
procedures under which the Secretary of a military depart-
ment may cause to be forfeited the retired pay of a mem-
ber or former member of the uniformed services who will-
fully remains outside the United States to avoid criminal
prosecution or civil liability. The types of offenses for
which the procedures shall be used shall include the of-
fenses specified in section 8312 of title 5, United States
Code, and such other criminal offenses and civil proceed-
ings as the Secretary of Defense considers to be appro-
priate.
(b) REPORT TO CONGRESS.—The Secretary of De-
fense shall submit to Congress a report describing the pro-
cedures developed under subsection (a). The report shall
include recommendations regarding changes to existing
law, including section 8313 of title 5, United States Code,
389
that the Secretary determines are necessary to fully imple-
ment the procedures.
(c) RETIRED PAY DEFINED.—In this section, the
term ‘‘retired pay’’ means retired pay, retirement pay, re-
tainer pay, or equivalent pay, payable under a statute to
a member or former member of a uniformed service.
SEC. 1045. CHEMICAL STOCKPILE EMERGENCY PREPARED-
NESS PROGRAM.
(a) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Army
shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the
House of Representatives a report assessing the imple-
mentation and success of the establishment of site-specific
Integrated Product and Process Teams as a management
tool for the Chemical Stockpile Emergency Preparedness
Program.
(b) CONTINGENT MANDATED REFORMS.—If at the
end of the 120-day period beginning on the date of the
enactment of this Act the Secretary of the Army and the
Director of the Federal Emergency Management Agency
have been unsuccessful in implementing a site-specific In-
tegrated Product and Process Team with each of the af-
fected States, the Secretary of the Army shall—
390
(1) assume full control and responsibility for
the Chemical Stockpile Emergency Preparedness
Program (eliminating the role of the Director of the
Federal Emergency Management Agency as joint
manager of the program);
(2) establish programmatic agreement with
each of the affected States regarding program re-
quirements, implementation schedules, training and
exercise requirements, and funding (to include direct
grants for program support);
(3) clearly define the goals of the program; and
(4) establish fiscal constraints for the program.
SEC. 1046. QUARTERLY REPORTS REGARDING COPRODUC-
TION AGREEMENTS.
(a) QUARTERLY
REPORTS
ON
COPRODUCTION
AGREEMENTS.—Section 36(a) of the Arms Export Con-
trol Act (22 U.S.C. 2776(a)) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (10);
(2) by striking out the period at the end of
paragraph (11) and inserting in lieu thereof ‘‘; and’’;
and
(3) by inserting after paragraph (11) the fol-
lowing new paragraph:
391
‘‘(12) a report on all concluded government-to-
government agreements regarding foreign coproduc-
tion of defense articles of United States origin and
all other concluded agreements involving coproduc-
tion or licensed production outside of the United
States of defense articles of United States origin (in-
cluding coproduction memoranda of understanding
or agreement) that have not been previously re-
ported under this subsection, which shall include—
‘‘(A) the identity of the foreign countries,
international organizations, or foreign firms in-
volved;
‘‘(B) a description and the estimated value
of the articles authorized to be produced, and
an estimate of the quantity of the articles au-
thorized to be produced;
‘‘(C) a description of any restrictions on
third party transfers of the foreign-manufac-
tured articles; and
‘‘(D) if any such agreement does not pro-
vide for United States access to and verification
of quantities of articles produced overseas and
their disposition in the foreign country, a de-
scription of alternative measures and controls
incorporated in the coproduction or licensing
392
program to ensure compliance with restrictions
in the agreement on production quantities and
third party transfers.’’.
(b) EFFECTIVE DATE.—Paragraph (12) of section
36(a) of the Arms Export Control Act, as added by sub-
section (a)(3), does not apply with respect to an agreement
described in such paragraph entered into before the date
of the enactment of this Act.
SEC. 1047. FAILURE TO COMPLY WITH VETERANS’ PREF-
ERENCE REQUIREMENTS TO BE TREATED AS
A PROHIBITED PERSONNEL PRACTICE.
(a) IN GENERAL.—An employee of the Department
of Defense who has authority to take, direct others to
take, recommend, or approve any personnel action, shall
not, with respect to such authority, take or fail to take
any personnel action with respect to an employee or appli-
cant for employment if the taking of or failure to take
such action would violate any law, rule, or regulation im-
plementing, or directly concerning, veterans’ preference.
(b) EFFECT OF NONCOMPLIANCE.—A failure to com-
ply with subsection (a) shall be treated as a prohibited
personnel practice.
(c) REPORTING REQUIREMENT.—The Secretary of
Defense shall, not later than 6 months after the date of
393
the enactment of this Act, submit a written report to each
House of Congress with respect to—
(1) the implementation of this section; and
(2) the administration of veterans’ preference
requirements by the Department of Defense gen-
erally.
(d) DEFINITIONS.—For the purpose of this section,
the terms ‘‘personnel action’’ and ‘‘prohibited personnel
practice’’ shall have the respective meanings given them
by section 2302 of title 5, United States Code.
SEC. 1048. SENSE OF CONGRESS AND PRESIDENTIAL RE-
PORT REGARDING NUCLEAR WEAPONS PRO-
LIFERATION AND POLICIES OF THE PEOPLE’S
REPUBLIC OF CHINA.
(a) FINDINGS.—The Congress finds that—
(1) intelligence investigations by the United
States have revealed transfers from the People’s Re-
public of China to Pakistan of sophisticated equip-
ment important to the development of nuclear weap-
ons;
(2) the People’s Republic of China acceded to
the Treaty on the Non-Proliferation of Nuclear
Weapons (hereafter in this section referred to as the
‘‘NPT’’) as a nuclear-weapon state on March 9,
1992;
394
(3) Article I of the NPT stipulates that a nu-
clear-weapon state party to the treaty shall not in
any way encourage, assist, or induce any non-nu-
clear-weapon state to manufacture or otherwise ac-
quire nuclear weapons;
(4) the NPT establishes a non-nuclear-weapon
state as one which has not manufactured and ex-
ploded a nuclear weapon by January 1, 1967;
(5) Pakistan had not manufactured and ex-
ploded a nuclear weapon by January 1, 1967;
(6) Article III of the NPT requires each party
to the treaty not to provide to any non-nuclear-
weapon state equipment or material designed or pre-
pared for the processing, use, or production of spe-
cial fissionable material, unless the material is sub-
ject to the safeguards stipulated in the treaty;
(7) Pakistan has not acceded to the NPT, and
nuclear-related equipment and material provided to
Pakistan is not subject to international safeguards;
(8) under the NPT, assisting a non-nuclear-
weapon state to acquire unsafeguarded nuclear ma-
terial important to the manufacture of nuclear weap-
ons is a violation of Articles I and III of the NPT;
(9) this transfer constitutes the latest example
in a consistent pattern of nuclear weapon-related ex-
395
ports by the People’s Republic of China to non-nu-
clear-weapon states in violation of international trea-
ties and agreements and United States laws relating
to the nonproliferation of nuclear weapons;
(10) failure to enforce the applicable sanctions
available under United States law in this case com-
promises vital security interests and undermines the
credibility of United States and international efforts
to discourage commerce in nuclear-related equip-
ment, technology, and materials;
(11) recent claims by senior Chinese officials
that the Government of the People’s Republic of
China was unaware of any transfers of ring magnets
by a goverment-owned entity, if true, call into ques-
tion the reliability and effectiveness of Chinese ex-
port controls; and
(12) recent exports of sophisticated nuclear-re-
lated technologies reduce the credibility of previous
assurances by the People’s Republic of China con-
cerning its nonproliferation policies since the ratifi-
cation of the NPT.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that in responding to the transfer from the Peo-
ple’s Republic of China to Pakistan of equipment impor-
tant to the development of a nuclear weapons program—
396
(1) the President should not have decided that
there was not a sufficient basis to warrant a deter-
mination that sanctionable activity occurred under
section 2(b)(4) of the Export-Import Bank Act of
1945, as amended by section 825 of the Nuclear
Proliferation Prevention Act of 1994; and
(2) the President should have imposed the
strongest possible sanctions available under United
States law on all Chinese official and commercial en-
tities associated directly or indirectly with the re-
search, development, sale, transportation, or financ-
ing of any nuclear or military industrial product or
service made available for export since March 9,
1992.
(c) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the President shall submit
to the Congress a report on the response of the United
States to the transfer from the People’s Republic of China
to Pakistan of equipment important to the development
of a nuclear weapons program. The President shall include
in the report the following:
(1) The specific justification of the Secretary of
State for determining that there was not sufficient
basis for imposing sanctions under section 2(b)(4) of
the Export-Import Bank Act of 1945, as amended
397
by section 825 of the Nuclear Proliferation Preven-
tion Act of 1994, by reason of such transfer from
the People’s Republic of China to Pakistan.
(2) What commitment the United States Gov-
ernment is seeking from the People’s Republic of
China to ensure that the People’s Republic of China
establishes a fully effective export control system
that will prevent transfers (such as the Pakistan
sale) from taking place in the future.
(3) Whether, in light of the recent assurances
provided by the People’s Republic of China, the
President intends to make the certification and sub-
mit the report required by section 902(a)(6)(B) of
the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 2151 note), and
make the certification and submit the report re-
quired by Public Law 99–183, relating to the ap-
proval and implementation of the agreement for nu-
clear cooperation between the United States and the
People’s Republic of China, and, if not, why not.
(4) Whether the Secretary of State considers
the recent assurances and clarifications provided by
the People’s Republic of China to have provided suf-
ficient information to allow the United States to de-
termine that the People’s Republic of China is not
398
in violation of paragraph (2) of section 129 of the
Atomic Energy Act of 1954, as required by Public
Law 99–183.
(5) If the President is unable or unwilling to
make the certifications and reports referred to in
paragraph (3), a description of what the President
considers to be the significance of the clarifications
and assurances provided by the People’s Republic of
China in the course of the recent discussions regard-
ing the transfer by the People’s Republic of China
of nuclear-weapon-related equipment to Pakistan.
SEC. 1049. TRANSFER OF U.S.S. DRUM TO CITY OF VALLEJO,
CALIFORNIA.
(a) TRANSFER.—The Secretary of the Navy shall
transfer the U.S.S. Drum (SSN–677) to the city of
Vallejo, California, in accordance with this section and
upon satisfactory completion of a ship donation applica-
tion. Before making such transfer, the Secretary of the
Navy shall remove from the vessel the reactor compart-
ment and other classified and sensitive military equip-
ment.
(b) FUNDING.—As provided in section 7306(c) of
title 10, United States Code, the transfer of the vessel au-
thorized by this section shall be made at no cost to the
United States (beyond the cost which the United States
399
would otherwise incur for dismantling and recycling of the
vessel).
(c) APPLICABLE LAW.—The transfer under this sec-
tion shall be subject to subsection (b) of section 7306 of
title 10, United States Code, but the provisions of sub-
section (d) of such section shall not be applicable to such
transfer.
SEC. 1050. EVALUATION OF DIGITAL VIDEO NETWORK
EQUIPMENT USED IN OLYMPIC GAMES.
(a) EVALUATION.—The Secretary of Defense shall
evaluate the digital video network equipment used in the
1996 Olympic games to determine whether such equip-
ment would be appropriate for use as a test bed for the
military application of commercial off-the-shelf advanced
technology linking multiple continents, multiple satellites,
and multiple theaters of operations by compressed digital
audio and visual broadcasting technology.
(b) REPORT.—Not later than December 31, 1996,
the Secretary of Defense shall submit to Congress a report
on the results of the evaluation conducted under sub-
section (a).
SEC. 1051. MISSION OF THE WHITE HOUSE COMMUNICA-
TIONS AGENCY.
The Secretary of Defense shall ensure that the activi-
ties of the White House Communications Agency (or any
400
successor agency) in providing support services for the
President from funds appropriated for the Department of
Defense for any fiscal year (beginning with fiscal year
1997) are limited to the provision of telecommunications
support to the President and Vice President and related
elements (as defined in regulations of that agency and
specified by the President with respect to particular indi-
viduals within those related elements).
SEC. 1052. TRANSFER OF NAVAL VESSELS TO CERTAIN FOR-
EIGN COUNTRIES.
(a) AUTHORITY TO TRANSFER NAVAL VESSELS.—
The Secretary of the Navy is authorized to transfer to
other nations and instrumentalities vessels as follows:
(1) EGYPT.—To the Government of Egypt, the
Oliver Hazard Perry class frigate Gallery.
(2) MEXICO.—To the Government of Mexico,
the Knox class frigates Stein (FF 1065) and Marvin
Shields (FF 1066).
(3) NEW
ZEALAND.—To the Government of
New Zealand, the Stalwart class ocean surveillance
ship Tenacious.
(4) PORTUGAL.—To the Government of Por-
tugal, the Stalwart class ocean surveillance ship Au-
dacious.
401
(5) TAIWAN.—To the Taipei Economic and
Cultural Representative Office in the United States
(the Taiwan instrumentality designated pursuant to
section 10(a) of the Taiwan Relations Act)—
(A) the Knox class frigates Aylwin (FF
1081), Pharris (FF 1094), and Valdez (FF
1096); and
(B) the Newport class tank landing ship
Newport (LST 1179).
(6) THAILAND.—To the Government of Thai-
land, the Knox class frigate Ouellet (FF 1077).
(b) FORM OF TRANSFER.—(1) Except as provided in
paragraphs (2) and (3), each transfer authorized by this
section shall be made on a sales basis under section 21
of the Arms Export Control Act (22 U.S.C. 2761), relat-
ing to the foreign military sales program.
(2) The transfer authorized by subsection (a)(4) shall
be made on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), relating to
transfers of excess defense articles.
(3) The transfer authorized by subsection (a)(5)(B)
shall be made on a lease basis under section 61 of the
Arms Export Control Act (22 U.S.C. 2796).
402
(c) COSTS
OF TRANSFERS.—Any expense of the
United States in connection with a transfer authorized by
this section shall be charged to the recipient.
(d) EXPIRATION
OF AUTHORITY.—The authority
granted by subsection (a) shall expire at the end of the
two-year period beginning on the date of the enactment
of this Act.
(e) REPAIR AND REFURBISHMENT OF VESSELS IN
UNITED STATES SHIPYARDS.—The Secretary of the Navy
shall require, to the maximum extent possible, as a condi-
tion of a transfer of a vessel under this section, that the
country to which the vessel is transferred have such repair
or refurbishment of the vessel as is needed, before the ves-
sel joins the naval forces of that country, performed at
a shipyard located in the United States, including a Unit-
ed States Navy shipyard.
SEC. 1053. ANNUAL REPORT RELATING TO BUY AMERICAN
ACT.
The Secretary of Defense shall submit to Congress,
not later than 60 days after the end of each fiscal year,
a report on the amount of purchases by the Department
of Defense from foreign entities in that fiscal year. Such
report shall separately indicate the dollar value of items
for which the Buy American Act (41 U.S.C. 10a et seq.)
was waived pursuant to any of the following:
403
(1) Any reciprocal defense procurement memo-
randum of understanding described in section
849(c)(2) of Public Law 103–160 (41 U.S.C. 10b–
2 note).
(2) The Trade Agreements Act of 1979 (19
U.S.C. 2501 et seq.)
(3) Any international agreement to which the
United States is a party.
SEC. 1054. SENSE OF CONGRESS CONCERNING ASSISTING
OTHER COUNTRIES TO IMPROVE SECURITY
OF FISSILE MATERIAL.
(a) FINDINGS.—Congress finds the following:
(1) With the end of the Cold War, the world is
faced with the need to manage the dismantling of
vast numbers of nuclear weapons and the disposition
of the fissile materials that they contain.
(2) If recently agreed reductions in nuclear
weapons are fully implemented, tens of thousands of
nuclear weapons, containing a hundred tons or more
of plutonium and many hundreds of tons of highly
enriched uranium, will no longer be needed for mili-
tary purposes.
(3) Plutonium and highly enriched uranium are
the essential ingredients of nuclear weapons.
404
(4) Limits on access to plutonium and highly
enriched uranium are the primary technical barrier
to acquiring nuclear weapons capability in the world
today.
(5) Several kilograms of plutonium, or several
times that amount of highly enriched uranium, are
sufficient to make a nuclear weapons.
(6) Plutonium and highly enriched uranium will
continue to pose a potential threat for as long as
they exist.
(7) Action is required to secure and account for
plutonium and highly enriched uranium.
(8) It is in the national interest of the United
States to—
(A) minimize the risk that fissile materials
could be obtained by unauthorized parties;
(B) minimize the risk that fissile materials
could be reintroduced into the arsenals from
which they came, halting or reversing the arms
reduction process; and
(C) strengthen the national and inter-
national control mechanisms and incentives de-
signed to ensure continued arms reductions and
prevent the spread of nuclear weapons.
405
(b) SENSE OF CONGRESS.—In light of the findings
contained in subsection (a), it is the sense of Congress
that the United States has a national security interest in
assisting other countries to improve the security of their
stocks of fissile material.
SEC. 1055. SOUTHWEST BORDER STATES ANTI-DRUG INFOR-
MATION SYSTEM.
It is the sense of Congress that the Federal Govern-
ment should support and encourage the full utilization of
the Southwest Border States Anti-Drug Information Sys-
tem.
TITLE 
XI—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF FORMER SOVIET
UNION
SEC. 1101. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS.
(a) IN GENERAL.—For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in subsection (b).
(b) SPECIFIED PROGRAMS.—The programs referred
to in subsection (a) are the following programs with re-
spect to states of the former Soviet Union:
(1) Programs to facilitate the elimination, and
the safe and secure transportation and storage, of
406
nuclear, chemical, and other weapons and their de-
livery vehicles.
(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the elimi-
nation of nuclear weapons.
(3) Programs to prevent the proliferation of
weapons, weapons components, and weapons-related
technology and expertise.
(4) Programs to expand military-to-military and
defense contacts.
SEC. 1102. FISCAL YEAR 1997 FUNDING ALLOCATIONS.
Of the amount appropriated pursuant to the author-
ization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For planning and design of a chemical
weapons destruction facility in Russia, $74,500,000.
(2) For elimination of strategic offensive weap-
ons in Russia, Ukraine, Belarus, and Kazakhstan,
$52,000,000.
(3) For nuclear infrastructure elimination in
Ukraine, Belarus, and Kazakhstan, $47,000,000.
(4) For planning and design of a storage facil-
ity for Russian fissile material, $46,000,000.
407
(5) For fissile material containers in Russia,
$38,500,000.
(6) For weapons storage security in Russia,
$15,000,000.
(7) For activities designated as Defense and
Military-to-Military Contacts in Russia, Ukraine,
Belarus, and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assess-
ments/Administrative Support $19,900,000.
SEC. 1103. PROHIBITION ON USE OF FUNDS FOR SPECIFIED
PURPOSES.
(a) IN GENERAL.—None of the funds appropriated
pursuant to the authorization in section 301 for Coopera-
tive Threat Reduction programs, or appropriated for such
programs for any prior fiscal year and remaining available
for obligation, may be obligated or expended for any of
the following purposes:
(1) Conducting with Russia any peacekeeping
exercise or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environ-
mental restoration.
(4) Provision of assistance to promote job re-
training.
408
(b) LIMITATION WITH RESPECT TO DEFENSE CON-
VERSION ASSISTANCE.—None of the funds appropriated
pursuant to this or any other Act may be obligated or ex-
pended for the provision of assistance to Russia or any
other state of the former Soviet Union to promote defense
conversion, including assistance through the Defense En-
terprise Fund.
SEC. 1104. LIMITATION ON USE OF FUNDS UNTIL SPECI-
FIED REPORTS ARE SUBMITTED.
None of the funds appropriated pursuant to the au-
thorization in section 301 for Cooperative Threat Reduc-
tion programs may be obligated or expended until 15 days
after the date which is the latest of the following:
(1) The date on which the President submits to
Congress the determinations required under sub-
section (c) of section 211 of Public Law 102–228
(22 U.S.C. 2551 note) with respect to any certifi-
cation transmitted to Congress under subsection (b)
of that section before the date of the enactment of
this Act.
(2) The date on which the Secretary of Defense
submits to Congress the first report under section
1206(a) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 471).
409
(3) The date on which the Secretary of Defense
submits to Congress the report for fiscal year 1997
required under section 1205(c) of the National De-
fense Authorization Act for Fiscal Year 1995 (Pub-
lic Law 103–337; 108 Stat. 2883).
SEC. 1105. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Re-
duction programs shall be available for obligation for three
fiscal years.
TITLE XII—RESERVE FORCES
REVITALIZATION
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Reserve Forces Revi-
talization Act of 1996’’.
SEC. 1202. PURPOSE.
The purpose of this title is to revise the basic statu-
tory authorities governing the organization and adminis-
tration of the reserve components of the Armed Forces
in order to recognize the realities of reserve component
partnership in the Total Force and to better prepare the
American citizen-soldier, sailor, airman, and Marine in
time of peace for duties in war.
410
Subtitle A—Reserve Component
Structure
SEC. 1211. RESERVE COMPONENT COMMANDS.
(a) ESTABLISHMENT.—(1) Part I of subtitle E of
title 10, United States Code, is amended by inserting after
chapter 1005 the following new chapter:
‘‘CHAPTER 1006—RESERVE COMPONENT
COMMANDS
‘‘Sec.
‘‘10171. Army Reserve Command.
‘‘10172. Naval Reserve Force.
‘‘10173. Marine Forces Reserve.
‘‘10174. Air Force Reserve Command.
‘‘§ 10171. Army Reserve Command
‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary
of the Army, with the advice and assistance of the Chief
of Staff of the Army, shall establish a United States Army
Reserve Command. The Army Reserve Command shall be
operated as a separate command of the Army.
‘‘(b) COMMANDER.—The Chief of Army Reserve is
the commander of the Army Reserve Command. The com-
mander of the Army Reserve Command reports directly
to the Chief of Staff of the Army.
‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the
Army—
‘‘(1) shall assign to the Army Reserve Com-
mand all forces of the Army Reserve stationed in the
411
continental United States other than forces assigned
to the unified combatant command for special oper-
ations forces established pursuant to section 167 of
this title; and
‘‘(2) except as otherwise directed by the Sec-
retary of Defense in the case of forces assigned to
carry out functions of the Secretary of the Army
specified in section 3013 of this title, shall assign all
such forces assigned to the Army Reserve Command
under paragraph (1) to the commanders of the com-
batant commands in the manner specified by the
Secretary of Defense.
‘‘§ 10172. Naval Reserve Force
‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary
of the Navy, with the advice and assistance of the Chief
of Naval Operations, shall establish a Naval Reserve
Force. The Naval Reserve Force shall be operated as a
separate command of the Navy.
‘‘(b) COMMANDER.—The Chief of Naval Reserve shall
be the commander of the Naval Reserve Force. The com-
mander of the Naval Reserve Force reports directly to the
Chief of Naval Operations.
‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the
Navy—
412
‘‘(1) shall assign to the Naval Reserve Force
specified portions of the Naval Reserve other than
forces assigned to the unified combatant command
for special operations forces established pursuant to
section 167 of this title; and
‘‘(2) except as otherwise directed by the Sec-
retary of Defense in the case of forces assigned to
carry out functions of the Secretary of the Navy
specified in section 5013 of this title, shall assign to
the combatant commands all such forces assigned to
the Naval Reserve Force under paragraph (1) in the
manner specified by the Secretary of Defense.
‘‘§ 10173. Marine Forces Reserve
‘‘(a) ESTABLISHMENT.—The Secretary of the Navy,
with the advice and assistance of the Commandant of the
Marine Corps, shall establish in the Marine Corps a com-
mand known as the Marine Forces Reserve.
‘‘(b) COMMANDER.—The Marine Forces Reserve is
commanded by the Commander, Marine Forces Reserve.
The Commander, Marine Forces Reserve, reports directly
to the Commandant of the Marine Corps.
‘‘(c) ASSIGNMENT OF FORCES.—The Commandant of
the Marine Corps—
‘‘(1) shall assign to the Marine Forces Reserve
the forces of the Marine Corps Reserve stationed in
413
the continental United States other than forces as-
signed to the unified combatant command for special
operations forces established pursuant to section 167
of this title; and
‘‘(2) except as otherwise directed by the Sec-
retary of Defense in the case of forces assigned to
carry out functions of the Secretary of the Navy
specified in section 5013 of this title, shall assign to
the combatant commands (through the Marine
Corps component commander for each such com-
mand) all such forces assigned to the Marine Forces
Reserve under paragraph (1) in the manner speci-
fied by the Secretary of Defense.
‘‘§ 10174. Air Force Reserve Command
‘‘(a) ESTABLISHMENT OF COMMAND.—The Secretary
of the Air Force, with the advice and assistance of the
Chief of Staff of the Air Force, shall establish an Air
Force Reserve Command. The Air Force Reserve Com-
mand shall be operated as a separate command of the Air
Force.
‘‘(b) COMMANDER.—The Chief of Air Force Reserve
is the Commander of the Air Force Reserve Command.
The commander of the Air Force Reserve Command re-
ports directly to the Chief of Staff of the Air Force.
414
‘‘(c) ASSIGNMENT OF FORCES.—The Secretary of the
Air Force—
‘‘(1) shall assign to the Air Force Reserve Com-
mand all forces of the Air Force Reserve stationed
in the continental United States other than forces
assigned to the unified combatant command for spe-
cial operations forces established pursuant to section
167 of this title; and
‘‘(2) except as otherwise directed by the Sec-
retary of Defense in the case of forces assigned to
carry out functions of the Secretary of the Air Force
specified in section 8013 of this title, shall assign to
the combatant commands all such forces assigned to
the Air Force Reserve Command under paragraph
(1) in the manner specified by the Secretary of De-
fense.’’.
(2) The tables of chapters at the beginning of part
I of such subtitle and at the beginning of such subtitle
are each amended by inserting after the item relating to
chapter 1005 the following new item:
‘‘1006. Reserve Component Commands .....................................10171’’.
(b) CONFORMING REPEAL.—Section 903 of the Na-
tional Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 3074 note) is repealed.
415
(c) IMPLEMENTATION SCHEDULE.—Implementation
of chapter 1006 of title 10, United States Code, as added
by subsection (a), shall begin not later than 90 days after
the date of the enactment of this Act and shall be com-
pleted not later than one year after such date.
SEC. 1212. RESERVE COMPONENT CHIEFS.
(a) CHIEF OF ARMY RESERVE.—Section 3038 of title
10, United States Code, is amended by adding at the end
the following new subsections:
‘‘(d) BUDGET.—The Chief of Army Reserve is the of-
ficial within the executive part of the Department of the
Army who, subject to the authority, direction, and control
of the Secretary of the Army and the Chief of Staff, is
responsible for justification and execution of the person-
nel, operation and maintenance, and construction budgets
for the Army Reserve. As such, the Chief of Army Reserve
is the director and functional manager of appropriations
made for the Army Reserve in those areas.
‘‘(e) FULL-TIME SUPPORT PROGRAM.—The Chief of
Army Reserve manages, with respect to the Army Reserve,
the personnel program of the Department of Defense
known as the Full Time Support Program.
‘‘(f) ANNUAL REPORT.—(1) The Chief of Army Re-
serve shall submit to the Secretary of Defense, through
the Secretary of the Army, an annual report on the state
416
of the Army Reserve and the ability of the Army Reserve
to meet its missions. The report shall be prepared in con-
junction with the Chief of Staff of the Army and may be
submitted in classified and unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the an-
nual report of the Chief of Army Reserve under paragraph
(1) to Congress, together with such comments on the re-
port as the Secretary considers appropriate. The report
shall be transmitted at the same time each year that the
annual report of the Secretary under section 113 of this
title is submitted to Congress.’’.
(b) CHIEF OF NAVAL RESERVE.—(1) Chapter 513
of such title is amended by inserting after section 5142a
the following new section:
‘‘§ 5143. Office of Naval Reserve: appointment of
Chief
‘‘(a) ESTABLISHMENT OF OFFICE: CHIEF OF NAVAL
RESERVE.—There is in the executive part of the Depart-
ment of the Navy, on the staff of the Chief of Naval Oper-
ations, an Office of the Naval Reserve, which is headed
by a Chief of Naval Reserve. The Chief of Naval Re-
serve—
‘‘(1) is the principal adviser on Naval Reserve
matters to the Chief of Naval Operations; and
417
‘‘(2) is the commander of the Naval Reserve
Force.
‘‘(b) APPOINTMENT.—The President, by and with the
advice and consent of the Senate, shall appoint the Chief
of Naval Reserve from officers who—
‘‘(1) have had at least 10 years of commis-
sioned service;
‘‘(2) are in a grade above captain; and
‘‘(3) have been recommended by the Secretary
of the Navy.
‘‘(c) GRADE.—(1) The Chief of Naval Reserve holds
office for a term determined by the Chief of Naval Oper-
ations, normally four years, but may be removed for cause
at any time. He is eligible to succeed himself.
‘‘(2) The Chief of Naval Reserve, while so serving,
has a grade above rear admiral (lower half), without
vacating the officer’s permanent grade.
‘‘(d) BUDGET.—The Chief of Naval Reserve is the
official within the executive part of the Department of the
Navy who, subject to the authority, direction, and control
of the Secretary of the Navy and the Chief of Naval Oper-
ations, is responsible for preparation, justification, and
execution of the personnel, operation and maintenance,
and construction budgets for the Naval Reserve. As such,
the Chief of Naval Reserve is the director and functional
418
manager of appropriations made for the Naval Reserve in
those areas.
‘‘(e) ANNUAL REPORT.—(1) The Chief of Naval Re-
serve shall submit to the Secretary of Defense, through
the Secretary of the Navy, an annual report on the state
of the Naval Reserve and the ability of the Naval Reserve
to meet its missions. The report shall be prepared in con-
junction with the Chief of Naval Operations and may be
submitted in classified and unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the an-
nual report of the Chief of Naval Reserve under paragraph
(1) to Congress, together with such comments on the re-
port as the Secretary considers appropriate. The report
shall be transmitted at the same time each year that the
annual report of the Secretary under section 113 of this
title is submitted to Congress.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 5142a the following new item:
‘‘5143. Office of Naval Reserve: appointment of Chief.’’.
(c) CHIEF
OF
MARINE
FORCES
RESERVE.—(1)
Chapter 513 of such title is amended by inserting after
section 5143 (as added by subsection (b)) the following
new section:
419
‘‘§ 5144. Office of Marine Forces Reserve: appoint-
ment of Commander
‘‘(a) ESTABLISHMENT OF OFFICE; COMMANDER, MA-
RINE FORCES RESERVE.—There is in the executive part
of the Department of the Navy an Office of the Marine
Forces Reserve, which is headed by the Commander, Ma-
rine Forces Reserve. The Commander, Marine Forces Re-
serve is the principal adviser to the Commandant on Ma-
rine Forces Reserve matters.
‘‘(b) APPOINTMENT.—The President, by and with the
advice and consent of the Senate, shall appoint the Com-
mander, Marine Forces Reserve, from officers of the Ma-
rine Corps who—
‘‘(1) have had at least 10 years of commis-
sioned service;
‘‘(2) are in a grade above colonel; and
‘‘(3) have been recommended by the Secretary
of the Navy.
‘‘(c) TERM
OF OFFICE; GRADE.—(1) The Com-
mander, Marine Forces Reserve, holds office for a term
determined by the Commandant of the Marine Corps, nor-
mally four years, but may be removed for cause at any
time. He is eligible to succeed himself.
‘‘(2) The Commander, Marine Forces Reserve, while
so serving, has a grade above brigadier general, without
vacating the officer’s permanent grade.
420
‘‘(d) ANNUAL REPORT.—(1) The Commander, Ma-
rine Forces Reserve, shall submit to the Secretary of De-
fense, through the Secretary of the Navy, an annual report
on the state of the Marine Corps Reserve and the ability
of the Marine Corps Reserve to meet its missions. The
report shall be prepared in conjunction with the Com-
mandant of the Marine Corps and may be submitted in
classified and unclassified versions.
‘‘(2) The Secretary of Defense shall transmit the an-
nual report of the Commander, Marine Forces Reserve,
under paragraph (1) to Congress, together with such com-
ments on the report as the Secretary considers appro-
priate. The report shall be transmitted at the same time
each year that the annual report of the Secretary under
section 113 of this title is submitted to Congress.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 5143 (as added by subsection (b)) the following
new item:
‘‘5144. Office of Marine Forces Reserve: appointment of Commander.’’.
(d) CHIEF OF AIR FORCE RESERVE.—Section 8038
of such title is amended by adding at the end the following
new subsections:
‘‘(d) BUDGET.—The Chief of Air Force Reserve is
the official within the executive part of the Department
of the Air Force who, subject to the authority, direction,
421
and control of the Secretary of the Air Force and the Chief
of Staff, is responsible for preparation, justification, and
execution of the personnel, operation and maintenance,
and construction budgets for the Air Force Reserve. As
such, the Chief of Air Force Reserve is the director and
functional manager of appropriations made for the Air
Force Reserve in those areas.
‘‘(e) FULL TIME SUPPORT PROGRAM.—(1) The Chief
of Air Force Reserve manages, with respect to the Air
Force Reserve, the personnel program of the Department
of Defense known as the Full Time Support Program.
‘‘(f) ANNUAL REPORT.—(1) The Chief of Air Force
Reserve shall submit to the Secretary of Defense, through
the Secretary of the Air Force, an annual report on the
state of the Air Force Reserve and the ability of the Air
Force Reserve to meet its missions. The report shall be
prepared in conjunction with the Chief of Staff of the Air
Force and may be submitted in classified and unclassified
versions.
‘‘(2) The Secretary of Defense shall transmit the an-
nual report of the Chief of Air Force Reserve under para-
graph (1) to Congress, together with such comments on
the report as the Secretary considers appropriate. The re-
port shall be transmitted at the same time each year that
422
the annual report of the Secretary under section 113 of
this title is submitted to Congress.’’.
(e) CONFORMING AMENDMENT.—Section 641(1)(B)
of such title is amended by inserting ‘‘5143, 5144,’’ after
‘‘3038,’’.
SEC. 1213. REVIEW OF ACTIVE DUTY AND RESERVE GEN-
ERAL AND FLAG OFFICER AUTHORIZATIONS.
(a) REPORT
TO CONGRESS.—Not later than six
months after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report
containing any recommendations of the Secretary (to-
gether with the rationale of the Secretary for the rec-
ommendations) concerning the following:
(1) Revision of the limitations on general and
flag officer grade authorizations and distribution in
grade prescribed by sections 525, 526, and 12004 of
title 10, United States Code.
(2) Statutory designation of the positions and
grades of any additional general and flag officers in
the commands and offices created by sections 1211
and 1212.
(b) MATTERS TO BE INCLUDED.—The Secretary
shall include in the report under subsection (a) the Sec-
retary’s views on whether current limitations referred to
in subsection (a)—
423
(1) permit the Secretaries of the military de-
partments, in view of increased requirements for as-
signment of general and flag officers in positions ex-
ternal to their organic services, to meet adequately
both internal and external requirements for general
and flag officers;
(2) adequately recognize the significantly in-
creased role of the reserve components in both serv-
ice-specific and joint operations; and
(3) permit the Secretaries of the military de-
partments and reserve components to assign general
and flag officers to active and reserve component po-
sitions with grades commensurate with the scope of
duties and responsibilities of the position.
(c) EXEMPTIONS FROM ACTIVE-DUTY CEILINGS.—
(1) The Secretary shall include in the report under sub-
section (a) the Secretary’s recommendations regarding the
merits of exempting from any active-duty ceiling (estab-
lished by law or administrative action) the following offi-
cers:
(A) Reserve general and flag officers assigned
to positions specified in the organizations created by
this title.