425
ommendations of the Secretary contained in the report
under subsection (a). If the Board submits to the Sec-
retary any comments or recommendations for inclusion in
the report, the Secretary shall transmit them to Congress,
with the report, in the same form as that in which they
were submitted to the Secretary.
(e) GAO REVIEW.—The Comptroller General of the
United States shall assess the criteria used by the Sec-
retary of Defense to develop recommendations for pur-
poses of the report under this section and shall submit
to Congress, not later than 30 days after the date on
which the report of the Secretary under this section is sub-
mitted, a report setting forth the Comptroller General’s
conclusions concerning the adequacy and completeness of
the recommendations made by the Secretary in the report.
SEC. 1214. GUARD AND RESERVE TECHNICIANS.
(a) IN GENERAL.—Section 10216 of title 10, United
States Code, as amended by section 413, is amended—
(1) by redesignating subsections (a), (b), and
(c) as subsections (b), (c), and (d), respectively;
(2) by inserting after the section heading the
following new subsection (a):
‘‘(a) IN GENERAL.—Military technicians are Federal
civilian employees hired under title 5 and title 32 who are
required to maintain dual-status as drilling reserve compo-
426
nent members as a condition of their Federal civilian em-
ployment. Such employees shall be authorized and ac-
counted for as a separate category of dual-status civilian
employees, exempt as specified in subsection (b)(3) from
any general or regulatory requirement for adjustments in
Department of Defense civilian personnel.’’; and
(3) in paragraph (3) of subsection (b), as redes-
ignated by paragraph (1), by striking out ‘‘in high-
priority units and organizations specified in para-
graph (1)’’.
Subtitle B—Reserve Component
Accessibility
SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IM-
PROVE 
NATIONAL 
GUARD 
AND 
RESERVE
ABILITY TO RESPOND TO EMERGENCIES.
(a) REPORT.—Not later than six months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report regarding reserve com-
ponent responsiveness to both domestic emergencies and
national contingency operations. The report shall set forth
the measures taken, underway, and projected to be taken
to improve the timeliness, adequacy, and effectiveness of
reserve component responses to such emergencies and op-
erations.
427
(b) MATTERS RELATED TO RESPONSIVENESS TO DO-
MESTIC EMERGENCIES.—The report shall address the fol-
lowing:
(1) The need to expand the time period set by
section 12301(b) of title 10, United States Code,
which permits the involuntary recall at any time to
active duty of units and individuals for up to 15
days per year.
(2) The recommendations of the 1995 report of
the RAND Corporation entitled ‘‘Assessing the State
and Federal Missions of the National Guard’’, as
follows:
(A) That Federal law be clarified and
amended to authorize Presidential use of the
Federal reserves of all military services for do-
mestic emergencies and disasters without any
time constraint.
(B) That the Secretary of Defense develop
and support establishment of an appropriate
national level compact for interstate sharing of
resources, including the domestic capabilities of
the national guards of the States, during emer-
gencies and disasters.
428
(C) That Federal level contingency stocks
be created to support the National Guard in do-
mestic disasters.
(D) That Federal funding and regulatory
support be provided for Federal-State disaster
emergency response planning exercises.
(c) MATTERS RELATED TO PRESIDENTIAL RESERVE
CALL-UP AUTHORITY.—The report under this section
shall specifically address matters related to the authority
of the President to activate for service on active duty units
and members of reserve components under sections 12301,
12302, and 12304 of title 10, United States Code, includ-
ing—
(1) whether such authority is adequate to meet
the full range of reserve component missions for the
21st century, particularly with regard to the time
periods for which such units and members may be
on active duty under those authorities and the abil-
ity to activate both units and individual members;
and
(2) whether the three-tiered set of statutory au-
thorities (under such sections 12301, 12302, and
12304) should be consolidated, modified, or in part
eliminated in order to facilitate current and future
use of Reserve units and individual reserve compo-
429
nent members for a broader range of missions, and,
if so, in what manner.
(d) MATTERS RELATED TO RELEASE FROM ACTIVE
DUTY.—The report under this section shall include find-
ings and recommendations (based upon a review of cur-
rent policies and procedures) concerning procedures for re-
lease from active duty of units and members of reserve
components who have been involuntarily called or ordered
to active duty under section 12301, 12302, or 12304 of
title 10, United States Code, with specific recommenda-
tions concerning the desirability of statutory provisions
to—
(1) establish specific guidelines for when it is
appropriate (or inappropriate) to retain on active
duty such reserve component units when active com-
ponent units are available to perform the mission
being performed by the reserve component unit;
(2) minimize the effects of frequent mobiliza-
tion of the civilian employers, as well as the effects
of frequent mobilization on recruiting and retention
in the reserve components; and
(3) address other matters relating to the needs
of such members of reserve components, their em-
ployers, and (in the case of such members who own
430
businesses) their employees, while such members are
on active duty.
(e) RESERVE FORCES POLICY BOARD PARTICIPA-
TION.—The Secretary of Defense shall ensure that the Re-
serve Forces Policy Board participates in the internal De-
partment of Defense process for development of the rec-
ommendations of the Secretary contained in the report
under subsection (a). If the Board submits to the Sec-
retary any comments or recommendations for inclusion in
the report, the Secretary shall transmit them to Congress,
with the report, in the same form as that in which they
were submitted to the Secretary.
(f) GAO REVIEW.—The Comptroller General of the
United States shall assess the criteria used by the Sec-
retary of Defense to develop recommendations for pur-
poses of the report under this section and shall submit
to Congress, not later than 30 days after the date on
which the report of the Secretary under this section is sub-
mitted, a report setting forth the Comptroller General’s
conclusions concerning the adequacy and completeness of
the recommendations made by the Secretary in the report.
431
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX IN-
CENTIVES FOR EMPLOYERS OF MEMBERS OF
RESERVE COMPONENTS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a draft of legislation
to provide tax incentives to employers of members of re-
serve components in order to compensate employers for
absences of those employees due to required training and
for absences due to performance of active duty.
SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME
INSURANCE PROGRAM FOR ACTIVATED RE-
SERVISTS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth legislative recommenda-
tions for changes to chapter 1214 of title 10, United
States Code. Such recommendations shall in particular
provide, in the case of a mobilized member who owns a
business, income replacement for that business and for
employees of that member or business who have a loss of
income during the period of such activation attributable
to the activation of the member.
432
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL
BUSINESS LOANS FOR MEMBERS RELEASED
FROM RESERVE SERVICE DURING CONTIN-
GENCY OPERATIONS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a draft of legislation
to establish a small business loan program to provide
members of reserve components who are ordered to active
duty or active Federal service (other than for training)
during a contingency operation (as defined in section 101
of title 10, United States Code) low-cost loans to assist
those members in retaining or rebuilding businesses that
were affected by their service on active duty or in active
Federal service.
Subtitle C—Reserve Forces
Sustainment
SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF
NONREIMBURSABLE EXPENSES.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a draft of legislation
to restore the tax deductibility of nonreimbursable ex-
penses incurred by members of reserve components in con-
nection with military service.
433
SEC. 1252. CODIFICATION OF ANNUAL AUTHORITY TO PAY
TRANSIENT HOUSING CHARGES OR PROVIDE
LODGING IN KIND FOR MEMBERS PERFORM-
ING ACTIVE DUTY FOR TRAINING OR INAC-
TIVE-DUTY TRAINING.
(a) CODIFICATION.—Section 404(j) of title 37, Unit-
ed States Code, is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘annual training duty’’
and inserting in lieu thereof ‘‘active duty for
training’’; and
(B) by striking out ‘‘the Secretary con-
cerned may’’ and all that follows through the
period and inserting in lieu thereof the follow-
ing ‘‘the Secretary concerned—
‘‘(A) may reimburse the member for housing
service charge expenses incurred by the member in
occupying transient government housing during the
performance of such duty; or
‘‘(B) if transient government quarters are un-
available, may provide the member with contract
quarters as lodging in kind as if the member were
entitled to such an allowance under subsection (a).’’;
and
434
(2) in paragraph (3), by inserting ‘‘and ex-
penses for contract quarters’’ after ‘‘service charge
expenses’’.
(b) CONFORMING REPEAL.—Section 8057 of the De-
partment of Defense Appropriations Act, 1996 (Public
Law 104–61; 109 Stat. 663), is repealed.
SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS
ALLOWANCE DURING SERVICE ON ACTIVE
DUTY FOR TRAINING.
It is the sense of Congress that the United States
should continue to pay members of reserve components ap-
propriate quarters allowances during periods of service on
active duty for training.
SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY
LEAVE POLICY.
It is the sense of Congress that military leave policies
in effect as of the date of the enactment of this Act with
respect to members of the reserve components should not
be changed.
SEC. 1255. COMMENDATION OF RESERVE FORCES POLICY
BOARD.
(a) COMMENDATION.—The Congress commends the
Reserve Forces Policy Board, created by the Armed
Forces Reserve Act of 1952 (Public Law 82–476), for its
fine work in the past as an independent source of advice
435
to the Secretary of Defense on all matters pertaining to
the reserve components.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Reserve Forces Policy Board and the re-
serve forces policy committees for the individual branches
of the Armed Forces should continue to perform the vital
role of providing the civilian leadership of the Department
of Defense with independent advice on matters pertaining
to the reserve components.
SEC. 1256. REPORT ON PARITY OF BENEFITS FOR ACTIVE
DUTY SERVICE AND RESERVE SERVICE.
No later than six months after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report providing recommendations for
changes in law that the Secretary considers necessary, fea-
sible, and affordable to reduce the disparities in pay and
benefits that occur between active component members of
the Armed Forces and reserve component members as a
result of eligibility based on length of time on active duty.
436
TITLE XIII—ARMS CONTROL AND
RELATED MATTERS
Subtitle A—Miscellaneous Matters
SEC. 
1301. 
ONE-YEAR 
EXTENSION 
OF 
COUNTER-
PROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction
Control Act of 1992 (title XV of Public Law 102–484;
22 U.S.C. 5859a) is amended—
(1) in subsection (d)(3), by striking out ‘‘or’’
after ‘‘fiscal year 1995,’’ and by inserting ‘‘, or
$15,000,000 for fiscal year 1997’’ before the period
at the end; and
(2) in subsection (f), by striking out ‘‘1996’’
and inserting in lieu thereof ‘‘1997’’.
SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLE-
MENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
(a) LIMITATION ON USE OF FUNDS.—Funds avail-
able to the Department of Defense may not be obligated
or expended during fiscal year 1997 for retiring or dis-
mantling, or for preparing to retire or dismantle, any of
the strategic nuclear delivery systems specified in sub-
section (b).
(b) SPECIFIED SYSTEMS.—Subsection (a) applies
with respect to the following systems:
437
(1) B–52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic
missiles.
(4) Peacekeeper intercontinental ballistic mis-
siles.
SEC. 1303. CERTIFICATION REQUIRED BEFORE OBSERV-
ANCE OF MORATORIUM ON USE BY ARMED
FORCES OF ANTIPERSONNEL LANDMINES.
Any moratorium imposed by law (whether enacted be-
fore, on, or after the date of the enactment of this Act)
on the use of antipersonnel landmines by the Armed
Forces may be implemented only if (and after) the Sec-
retary of Defense, after consultation with the Chairman
of the Joint Chiefs of Staff, certifies to Congress that—
(1) the moratorium will not adversely affect the
ability of United States forces to defend against at-
tack on land by hostile forces; and
(2) the Armed Forces have systems that are ef-
fective substitutes for antipersonnel landmines.
SEC. 1304. DEPARTMENT OF DEFENSE DEMINING PRO-
GRAM.
Section 401(c) of title 10, United States Code, is
amended—