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cated pursuant to a lease of the facility to the Govern-
ment.’’.
SEC. 362. AUTHORIZED USE OF RECRUITING FUNDS.
(a) AUTHORITY.—Chapter 31 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 520c. Authorized use of recruiting funds
‘‘(a) MEALS AND REFRESHMENTS.—Under regulations
prescribed by the Secretary concerned, funds appropriated
to the Department of Defense for recruitment of military
personnel may be expended for small meals and refresh-
ments that are provided in the performance of personnel
recruiting functions of the armed forces to—
‘‘(1) persons who have enlisted under the De-
layed Entry Program authorized by section 513 of
this title;
‘‘(2) persons who are objects of armed forces re-
cruiting efforts;
‘‘(3) influential persons in communities when as-
sisting the military departments in recruiting efforts;
‘‘(4) members of the armed forces and Federal
Government employees when attending recruiting
events in accordance with a requirement to do so; and
‘‘(5) other persons when contributing to recruit-
ing efforts by attending recruiting events.
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‘‘(b) ANNUAL REPORT.—Not later than February 1 of
each year, the Secretary of Defense shall submit to Congress
a report on the extent to which the authority under sub-
section (a) was exercised during the fiscal year ending in
the preceding year.
‘‘(c) TERMINATION OF AUTHORITY.—(1) The authority
in subsection (a) may not be exercised after September 30,
2001.
‘‘(2) No report is required under subsection (b) after
2002.’’.
(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. Authorized use of recruiting funds.’’.
SEC. 363. NONCOMPETITIVE PROCUREMENT OF BRAND-
NAME COMMERCIAL ITEMS FOR RESALE IN
COMMISSARY STORES.
(a) CLARIFICATION OF EXCEPTION TO COMPETITIVE
PROCUREMENT.—Section 2486 of title 10, United States
Code, is amended by adding at the end the following:
‘‘(e) The Secretary of Defense may not, under the ex-
ception provided in section 2304(c)(5) of this title, use pro-
cedures other than competitive procedures for the procure-
ment of a brand-name commercial item for resale in com-
missary stores unless the commercial item is regularly sold
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outside of commissary stores under the same brand name
as the commercial item will be sold in commissary stores.’’.
(b) EFFECT ON EXISTING CONTRACTS.—The amend-
ment made by subsection (a) shall not affect the terms, con-
ditions, or duration of any contract entered into by the Sec-
retary of Defense before the date of the enactment of this
Act for the procurement of commercial items for resale in
commissary stores.
SEC. 364. ADMINISTRATION OF MIDSHIPMEN’S STORE AND
OTHER NAVAL ACADEMY SUPPORT ACTIVI-
TIES AS NONAPPROPRIATED FUND INSTRU-
MENTALITIES.
(a) IN GENERAL.—(1) Chapter 603 of title 10, United
States Code, is amended by striking out sections 6970 and
6971 and inserting in lieu thereof the following new section:
‘‘§ 6970. Midshipmen’s store and Naval Academy
shops, laundry, and dairy: nonappro-
priated fund accounts
‘‘(a) IN GENERAL.—Under regulations prescribed by
the Secretary of the Navy, the Superintendent of the Naval
Academy shall administer a nonappropriated fund account
for each of the Academy activities referred to in subsection
(b).
‘‘(b) ACTIVITIES.—Subsection (a) applies to the follow-
ing Academy activities:
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‘‘(1) The midshipmen’s store.
‘‘(2) The barber shop.
‘‘(3) The cobbler shop.
‘‘(4) The tailor shop.
‘‘(5) The dairy.
‘‘(6) The laundry.
‘‘(c) CREDITING OF REVENUE.—The Superintendent
shall credit to each account administered with respect to
an activity under subsection (a) all revenue received from
the activity.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by striking out the items relating to sections
6970 and 6971 and inserting in lieu thereof the following
new item:
‘‘6970. Midshipmen’s store and Naval Academy shops, laundry, and dairy: non-
appropriated fund accounts.’’.
(b) EMPLOYMENT STATUS OF EMPLOYEES OF ACTIVI-
TIES.—Section 2105 of title 5, United States Code, is
amended by striking out subsection (b).
SEC. 365. ASSISTANCE TO COMMITTEES INVOLVED IN INAU-
GURATION OF THE PRESIDENT.
(a) IN GENERAL.—Section 2543 of title 10, United
States Code, is amended to read to read as follows:
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‘‘§ 2543. Equipment and services: Presidential inau-
gural committees
‘‘(a) ASSISTANCE AUTHORIZED.—The Secretary of De-
fense may provide the assistance referred to in subsection
(b) to the following committees:
‘‘(1) An Inaugural Committee established under
the first section of the Presidential Inaugural Cere-
monies Act (36 U.S.C. 721).
‘‘(2) A joint committee of the Senate and House
of Representatives appointed under section 9 of that
Act (36 U.S.C. 729).
‘‘(b) ASSISTANCE.—The following assistance may be
provided under subsection (a):
‘‘(1) Planning and carrying out activities relat-
ing to security and safety.
‘‘(2) Planning and carrying out ceremonial ac-
tivities.
‘‘(3) Loan of property.
‘‘(4) Any other assistance that the Secretary con-
siders appropriate.
‘‘(c) REIMBURSEMENT.—(1) An inaugural committee
referred to in subsection (a)(1) shall reimburse the Sec-
retary for any costs incurred in connection with the provi-
sion to the committee of assistance referred to in subsection
(b)(4).
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‘‘(2) Costs reimbursed under paragraph (1) shall be
credited to the appropriations from which the costs were
paid. The amount credited to an appropriation shall be
proportionate to the amount of the costs charged to that
appropriation.
‘‘(d) LOANED PROPERTY.—(1) Property loaned for a
presidential inauguration under subsection (b)(3) shall be
returned within nine days after the date of the ceremony
inaugurating the President.
‘‘(2) An inaugural committee referred to in subsection
(a)(1) shall give good and sufficient bond for the return in
good order and condition of property loaned to the commit-
tee under subsection (b)(3).
‘‘(3) An inaugural committee referred to in subsection
(a)(1) shall—
‘‘(A) indemnify the United States for any loss of,
or damage to, property loaned to the committee under
subsection (b)(3); and
‘‘(B) defray any expense incurred for the deliv-
ery, return, rehabilitation, replacement, or operation
of the property.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter II of chapter 152 of such title
is amended by striking out the item relating to section 2543
and inserting in lieu thereof the following:
‘‘2543. Equipment and services: Presidential inaugural committees.’’.
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SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR SPORT-
ING EVENTS.
(a) SECURITY AND SAFETY ASSISTANCE.—At the re-
quest of a Federal, State, or local government agency re-
sponsible for providing law enforcement services, security
services, or safety services, the Secretary of Defense may au-
thorize the commander of a military installation or other
facility of the Department of Defense or the commander of
a specified or unified combatant command to provide as-
sistance for the World Cup Soccer Games, the Goodwill
Games, the Olympics, and any other civilian sporting event
in support of essential security and safety at such event,
but only if the Attorney General certifies that such assist-
ance is necessary to meet essential security and safety needs.
(b) OTHER ASSISTANCE.—The Secretary may author-
ize a commander referred to in subsection (a) to provide
assistance for a sporting event referred to in that subsection
in support of other needs relating to such event, but only—
(1) to the extent that such needs cannot reason-
ably be met by a source other than the Department;
(2) to the extent that the provision of such assist-
ance does not adversely affect the military prepared-
ness of the Armed Forces; and
(3) if the organization requesting such assistance
agrees to reimburse the Department for amounts ex-
pended by the Department in providing the assistance
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in accordance with the provisions of section 377 of
title 10, United States Code, and other applicable
provisions of law.
(c) INAPPLICABILITY
TO CERTAIN EVENTS.—Sub-
sections (a) and (b) do not apply to the following sporting
events:
(1) Sporting events for which funds have been
appropriated before the date of the enactment of this
Act.
(2) The Special Olympics.
(3) The Paralympics.
(d) TERMS AND CONDITIONS.—The Secretary may re-
quire such terms and conditions in connection with the pro-
vision of assistance under this section as the Secretary con-
siders necessary and appropriate to protect the interests of
the United States.
(e) REPORT ON ASSISTANCE.—Not later than January
30 of each year following a year in which the Secretary
provides assistance under this section, the Secretary shall
submit to the congressional defense committees a report on
the assistance provided. The report shall set forth—
(1) a description of the assistance provided;
(2) the amount expended by the Department in
providing the assistance;
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(3) if the assistance was provided under sub-
section (a), the certification of the Attorney General
with respect to the assistance under that subsection;
and
(4) if the assistance was provided under sub-
section (b)—
(A) an explanation why the assistance could
not reasonably be met by a source other than the
Department; and
(B) the amount the Department was reim-
bursed under that subsection.
(f) RELATIONSHIP TO OTHER LAWS.—Assistance pro-
vided under this section shall be subject to the provisions
of sections 375 and 376 of title 10, United States Code.
SEC. 367. RENOVATION OF BUILDING FOR DEFENSE FI-
NANCE AND ACCOUNTING SERVICE CENTER,
FORT BENJAMIN HARRISON, INDIANA.
(a) TRANSFER AUTHORITY.—Subject to subsection (b),
the Secretary of Defense may transfer funds available to
the Department of Defense for the Defense Finance and Ac-
counting Service for a fiscal year for operation and mainte-
nance to the Administrator of General Services for paying
the costs of planning, design, and renovation of Building
One, Fort Benjamin Harrison, Indiana, for use as a De-
fense Finance and Accounting Service Center.
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(b) AUTHORITY SUBJECT TO AUTHORIZATIONS AND
APPROPRIATIONS.—To the extent provided in appropria-
tions Acts—
(1) of funds appropriated for fiscal year 1997,
$9,000,000 may be transferred pursuant to subsection
(a); and
(2) of funds appropriated for fiscal years 1998,
1999, 2000, and 2001, funds may be transferred pur-
suant to subsection (a) in such amounts as are au-
thorized to be transferred in an Act enacted after the
date of the enactment of this Act.
SEC. 368. COMPUTER EMERGENCY RESPONSE TEAM AT
SOFTWARE ENGINEERING INSTITUTE.
(a) FUNDING.—Of the amounts authorized to be ap-
propriated under this Act, $2,000,000 shall be available to
the Software Engineering Institute only for use by the Com-
puter Emergency Response Team.
(b) CHALLENGE ATHENA PROGRAM.—Funds author-
ized by section 301(2) for the Challenge Athena program
shall be reduced by $2,000,000.
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SEC. 369. REIMBURSEMENT UNDER AGREEMENT FOR IN-
STRUCTION OF CIVILIAN STUDENTS AT FOR-
EIGN LANGUAGE INSTITUTE OF THE DE-
FENSE LANGUAGE INSTITUTE.
Section 559(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108
Stat. 2776; 10 U.S.C. 4411 note) is amended by striking
out ‘‘on a cost-reimbursable, space-available basis’’ and in-
serting in lieu thereof ‘‘on a space-available basis and for
such reimbursement (whether in whole or in part) as the
Secretary considers appropriate’’.
SEC. 370. AUTHORITY OF AIR NATIONAL GUARD TO PRO-
VIDE CERTAIN SERVICES AT LINCOLN MUNIC-
IPAL AIRPORT, LINCOLN, NEBRASKA.
(a) AUTHORITY.—Subject to subsections (b) and (c),
the Nebraska Air National Guard may provide fire protec-
tion services and rescue services relating to aircraft at Lin-
coln Municipal Airport, Lincoln, Nebraska, on behalf of the
Lincoln Municipal Airport Authority, Lincoln, Nebraska.
(b) AGREEMENT.—The Nebraska Air National Guard
may not provide services under subsection (a) until the Ne-
braska Air National Guard and the authority enter into
an agreement under which the authority reimburses the Ne-
braska Air National Guard for the cost of the services pro-
vided.
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(c) CONDITIONS.—These services may only be provided
to the extent that the provision of such services does not
adversely affect the military preparedness of the Armed
Forces.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 1997, as follows:
(1) The Army, 495,000, of which not more than
80,300 may be commissioned officers.
(2) The Navy, 407,318, of which not more than
56,165 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not
more than 17,978 may be commissioned officers.
(4) The Air Force, 381,222, of which not more
than 74,445 may be commissioned officers.
SEC. 402. TEMPORARY FLEXIBILITY RELATING TO PERMA-
NENT END STRENGTH LEVELS.
Section 691(d) of title 10, United States Code, is
amended by striking out ‘‘not more than 0.5 percent’’ and
inserting in lieu thereof ‘‘not more than 5 percent’’.
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by striking out ‘‘25 years of age’’ and inserting in lieu
thereof ‘‘27 years of age’’.
(b) UNITED STATES MILITARY ACADEMY.—Section
4346(a) of title 10, United States Code, is amended by strik-
ing out ‘‘twenty-second birthday’’ and inserting in lieu
thereof ‘‘twenty-third birthday’’.
(c) UNITED
STATES
NAVAL
ACADEMY.—Section
6958(a)(1) of title 10, United States Code, is amended by
striking out ‘‘twenty-second birthday’’ and inserting in lieu
thereof ‘‘twenty-third birthday’’.
(d) UNITED STATES AIR FORCE ACADEMY.—Section
9346(a) of title 10, United States Code, is amended by strik-
ing out ‘‘twenty-second birthday’’ and inserting in lieu
thereof ‘‘twenty-third birthday’’.
SEC. 522. DEMONSTRATION PROJECT FOR INSTRUCTION
AND SUPPORT OF ARMY ROTC UNITS BY MEM-
BERS OF THE ARMY RESERVE AND NATIONAL
GUARD.
(a) IN GENERAL.—The Secretary of the Army shall
carry out a demonstration project in order to assess the fea-
sibility and advisability of providing instruction and simi-
lar support to units of the Reserve Officers Training Corps
of the Army through members of the Army Reserve (includ-
ing members of the Individual Ready Reserve) and members
of the Army National Guard.