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through (12) above. The report of the review group shall
be completed no later than December 1, 1996. The Secretary
of Defense shall furnish the review group administrative
and support services requested by the review group. The ex-
penses of the review group shall be paid out of funds avail-
able for the payment of similar expenses incurred by the
Department of Defense.
(c) INTERPRETATION.—Nothing in this section should
be interpreted or construed to affect the implementation of
the NATO Participation Act of 1994, as amended (Public
Law 103–447), or any other program or activity which fa-
cilitates or assists prospective NATO members.
Subtitle E—Miscellaneous
Reporting Requirements
SEC. 1051. ANNUAL REPORT ON EMERGING OPERATIONAL
CONCEPTS.
(a) REPORT REQUIRED.—Not later than March 1 of
each year, the Chairman of the Joint Chiefs of Staff shall
submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives a report on emerging operational concepts.
The report shall contain a description, for the year preced-
ing the year in which submitted, of the following:
(1) The process undertaken in each of the Army,
Navy, Air Force, and Marine Corps to define and de-
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velop doctrine, operational concepts, organizational
concepts, and acquisition strategies based on—
(A) the potential of emerging technologies
for significantly improving the operational effec-
tiveness of that armed force;
(B) changes in the international order that
may necessitate changes in the operational capa-
bilities of that armed force;
(C) emerging capabilities of potential ad-
versary states; and
(D) changes in defense budget projections
that put existing acquisition programs of the
service at risk.
(2) The manner in which the process undertaken
in each of the Army, Navy, Air Force, and Marine
Corps is harmonized with a joint vision and with the
similar processes of the other armed forces to ensure
that there is a sufficient consideration of the develop-
ment of joint doctrine, operational concepts, and ac-
quisition strategies.
(3) The manner in which the process undertaken
by each of the Army, Navy, Air Force, and Marine
Corps is coordinated through the Joint Requirements
Oversight Council or another entity to ensure that the
results of the process are considered in the planning,
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programming, and budgeting process of the Depart-
ment of Defense.
(4) Proposals under consideration by the Joint
Requirements Oversight Council or other entity with-
in the Department of Defense to modify the roles and
missions of any of the Army, Navy, Air Force, and
Marine Corps as a result of the processes described in
paragraph (1).
(b) FIRST REPORT.—The first report under this sec-
tion shall be submitted not later than March 1, 1997.
(c) TERMINATION OF REQUIREMENT AFTER FOURTH
REPORT.—Notwithstanding subsection (a), no report is re-
quired under this section after 2000.
SEC. 1052. ANNUAL JOINT WARFIGHTING SCIENCE AND
TECHNOLOGY PLAN.
(a) ANNUAL PLAN REQUIRED.—On March 1 of each
year, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Na-
tional Security of the House of Representatives a plan for
ensuring that the science and technology program of the De-
partment of Defense supports the development of the future
joint warfighting capabilities identified as priority require-
ments for the Armed Forces.
(b) FIRST PLAN.—The first plan shall be submitted not
later than March 1, 1997.
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SEC. 1053. REPORT ON MILITARY READINESS REQUIRE-
MENTS OF THE ARMED FORCES.
(a) REQUIREMENT.—Not later than January 31, 1997,
the Chairman of the Joint Chiefs of Staff shall submit to
the congressional defense committees a report on the mili-
tary readiness requirements of the active and reserve com-
ponents of the Armed Forces (including combat units, com-
bat support units, and combat service support units) pre-
pared by the officers referred to in subsection (b). The report
shall assess such requirements under a tiered readiness and
response system that categorizes a given unit according to
the likelihood that it will be required to respond to a mili-
tary conflict and the time in which it will be required to
respond.
(b) OFFICERS.—The report required by subsection (a)
shall be prepared jointly by the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air
Force, the Commandant of the Marine Corps, and the Com-
mander of the Special Operations Command.
(c) ASSESSMENT SCENARIO.—The report shall assess
readiness requirements in a scenario based on the following
assumptions:
(1) The conflict is in a generic theater of oper-
ations located anywhere in the world and does not ex-
ceed the notional limits for a major regional contin-
gency.
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(2) The forces available for deployment include
the forces described in the Bottom Up Review force
structure, including all planned force enhancements.
(3) Assistance is not available from allies.
(d) ASSESSMENT ELEMENTS.—The report shall iden-
tify by unit type, and assess the readiness requirements of,
all active and reserve component units. Each such unit shall
be categorized within one of the following classifications:
(1) Forward-deployed and crisis response forces,
or ‘‘Tier I’’ forces, that possess limited internal
sustainment capability and do not require immediate
access to regional air bases or ports or overflight
rights, including the following:
(A) Force units that are routinely deployed
forward at sea or on land outside the United
States.
(B) Combat-ready crises response forces that
are capable of mobilizing and deploying within
10 days after receipt of orders.
(C) 
Forces 
that 
are 
supported 
by
prepositioning equipment afloat or are capable
of being inserted into a theater upon the capture
of a port or airfield by forcible entry forces.
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(2) Combat-ready follow-on forces, or ‘‘Tier II’’
forces, that can be mobilized and deployed to a theater
within approximately 60 days after receipt of orders.
(3) Combat-ready conflict resolution forces, or
‘‘Tier III’’ forces, that can be mobilized and deployed
to a theater within approximately 180 days after re-
ceipt of orders.
(4) All other active and reserve component force
units which are not categorized within a classifica-
tion described in paragraph (1), (2), or (3).
(e) FORM OF REPORT.—The report under this section
shall be submitted in unclassified form but may contain
a classified annex.
SEC. 1054. ANNUAL REPORT OF RESERVE FORCES POLICY
BOARD.
Section 113(c) of title 10, United States Code, is
amended—
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (1), (2), and (4)
as subparagraphs (A), (B), and (C), respectively;
(3) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(4) by inserting ‘‘and’’ at the end of subpara-
graph (B), as redesignated by paragraph (2); and
(5) by adding at the end the following:
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‘‘(2) At the same time that the Secretary submits the
annual report under paragraph (1), the Secretary shall
transmit to the President and Congress a separate report
from the Reserve Forces Policy Board on the reserve pro-
grams of the Department of Defense and on any other mat-
ters that the Reserve Forces Policy Board considers appro-
priate to include in the report.’’.
SEC. 1055. INFORMATION ON PROPOSED FUNDING FOR THE
GUARD AND RESERVE COMPONENTS IN FU-
TURE-YEARS DEFENSE PROGRAMS.
(a) REQUIREMENT.—The Secretary of Defense shall
specify in each future-years defense program submitted to
Congress after the date of the enactment of this Act the esti-
mated expenditures and proposed appropriations for the
procurement of equipment and for military construction for
each of the Guard and Reserve components.
(b) DEFINITION.—For purposes of this section, the
term ‘‘Guard and Reserve components’’ means the follow-
ing:
(1) The Army Reserve.
(2) The Army National Guard of the United
States.
(3) The Naval Reserve.
(4) The Marine Corps Reserve.
(5) The Air Force Reserve.
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(6) The Air National Guard of the United
States.
SEC. 1056. REPORT ON FACILITIES USED FOR TESTING
LAUNCH VEHICLE ENGINES.
(a) REPORT REQUIRED.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Administrator of the Na-
tional Aeronautics and Space Administration, shall submit
to Congress a report on the facilities used for testing launch
vehicle engines.
(b) CONTENT OF REPORT.—The report shall contain
an analysis of the duplication between Air Force and Na-
tional Aeronautics and Space Administration hydrogen
rocket test facilities and the potential benefits of further co-
ordinating activities at such facilities.
Subtitle F—Other Matters
SEC. 1061. UNIFORM CODE OF MILITARY JUSTICE AMEND-
MENTS.
(a) TECHNICAL AMENDMENT REGARDING FORFEIT-
URES DURING CONFINEMENT ADJUDGED BY A COURT-MAR-
TIAL.—(1) Section 858b(a)(1) of title 10, United States
Code (article 58b(a)(1) of the Uniform Code of Military
Justice), is amended—
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(A) in the first sentence, by inserting ‘‘(if ad-
judged by a general court-martial)’’ after ‘‘all pay
and’’; and
(B) in the third sentence, by striking out ‘‘two-
thirds of all pay and allowances’’ and inserting in
lieu thereof ‘‘two-thirds of all pay’’.
(2) The amendments made by paragraph (1) shall take
effect as of April 1, 1996, and shall apply to any case in
which a sentence is adjudged by a court-martial on or after
that date.
(b) EXCEPTED SERVICE APPOINTMENTS TO CERTAIN
NONATTORNEY POSITIONS OF THE UNITED STATES COURT
OF APPEALS FOR THE ARMED FORCES..—(1) Subsection (c)
of section 943 of title 10, United States Code (article 143(c)
of the Uniform Code of Military Justice) is amended in
paragraph (1), by inserting after the first sentence the fol-
lowing: ‘‘A position of employment under the Court that
is provided primarily for the service of one judge of the
court, reports directly to the judge, and is a position of a
confidential character is excepted from the competitive serv-
ice.’’.
(2) The caption for such subsection is amended by
striking out ‘‘ATTORNEY’’ in the subsection caption and in-
serting in lieu thereof ‘‘CERTAIN’’.
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(c) REPEAL OF 13-YEAR SPECIAL LIMIT ON TERM OF
TRANSITIONAL JUDGE OF UNITED STATES COURT OF AP-
PEALS FOR THE ARMED FORCES.—(1) Subsection (d)(2) of
section 1301 of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 103
Stat. 1575; 10 U.S.C. 942 note) is amended by striking out
‘‘to the judges who are first appointed to the two new posi-
tions of the court created as of October 1, 1990—’’ and all
that follows and inserting in lieu thereof ‘‘to the judge who
is first appointed to one of the two new positions of the
court created as of October 1, 1990, as designated by the
President at the time of appointment, the anniversary re-
ferred to in subparagraph (A) of that paragraph shall be
treated as being the seventh anniversary and the number
of years referred to in subparagraph (B) of that paragraph
shall be treated as being seven.’’.
(2) Subsection (e)(1) of such section is amended by
striking out ‘‘each judge’’ and inserting in lieu thereof ‘‘a
judge’’.
SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLE-
MENT OF STRATEGIC NUCLEAR DELIVERY
SYSTEMS.
(a) FUNDING LIMITATION.—Funds available to the De-
partment of Defense may not be obligated or expended dur-
ing fiscal year 1997 for retiring or dismantling, or for pre-
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paring to retire or dismantle, any of the following strategic
nuclear delivery systems:
(1) B-52H bomber aircraft.
(2) Trident ballistic missile submarines.
(3) Minuteman III intercontinental ballistic
missiles.
(4) Peacekeeper intercontinental ballistic mis-
siles.
(b) WAIVER AUTHORITY.—If the START II Treaty en-
ters into force during fiscal year 1997, the Secretary of De-
fense may waive the application of the limitation under
paragraphs (2), (3), and (4) of subsection (a) to Trident
ballistic missile submarines, Minuteman III interconti-
nental ballistic missiles, and Peacekeeper intercontinental
ballistic missiles, respectively, to the extent that the Sec-
retary determines necessary in order to implement the trea-
ty.
(c) START II TREATY DEFINED.—In this section, the
term ‘‘START II Treaty’’ means the Treaty Between the
United States of America and the Russian Federation on
Further Reduction and Limitation of Strategic Offensive
Arms, signed at Moscow on January 3, 1993, including the
following protocols and memorandum of understanding, all
such documents being integral parts of and collectively re-
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ferred to as the ‘‘START II Treaty’’ (contained in Treaty
Document 103–1):
(1) The Protocol on Procedures Governing Elimi-
nation of Heavy ICBMs and on Procedures Govern-
ing Conversion of Silo Launchers of Heavy ICBMs
Relating to the Treaty Between the United States of
America and the Russian Federation on Further Re-
duction and Limitation of Strategic Offensive Arms
(also known as the ‘‘Elimination and Conversion Pro-
tocol’’).
(2) The Protocol on Exhibitions and Inspections
of Heavy Bombers Relating to the Treaty Between the
United States and the Russian Federation on Further
Reduction and Limitation of Strategic Offensive
Arms (also known as the ‘‘Exhibitions and Inspec-
tions Protocol’’).
(3) The Memorandum of Understanding on War-
head Attribution and Heavy Bomber Data Relating
to the Treaty Between the United States of America
and the Russian Federation on Further Reduction
and Limitation of Strategic Offensive Arms (also
known as the ‘‘Memorandum on Attribution’’).
(d) RETENTION OF B–52H AIRCRAFT ON ACTIVE STA-
TUS.—(1) The Secretary of the Air Force shall maintain
in active status (including the performance of standard
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maintenance and upgrades) the current fleet of B–52H
bomber aircraft.
(2) For purposes of carrying out upgrades of B–52H
bomber aircraft during fiscal year 1997, the Secretary shall
treat the entire current fleet of such aircraft as aircraft ex-
pected to be maintained in active status during the five-
year period beginning on October 1, 1996.
SEC. 1063. CORRECTION OF REFERENCES TO DEPARTMENT
OF DEFENSE ORGANIZATIONS.
(a) NORTH AMERICAN AEROSPACE DEFENSE COM-
MAND.—Section 162 of title 10, United States Code, is
amended in paragraphs (1), (2), and (3) of subsection (a)
by striking out ‘‘North American Air Defense Command’’
and inserting in lieu thereof ‘‘North American Aerospace
Defense Command’’.
(b) DEFENSE DISTRIBUTION CENTER, ANNISTON.—
The Corporation for the Promotion of Rifle Practice and
Firearms Safety Act (title XVI of Public Law 104–106; 110
Stat. 515; 36 U.S.C. 5501 et seq.) is amended by striking
out ‘‘Anniston Army Depot’’ each place it appears in the
following provisions and inserting in lieu thereof ‘‘Defense
Distribution Depot, Anniston’’:
(1) Section 1615(a)(3) (36 U.S.C. 5505(a)(3)).
(2) Section 1616(b) (36 U.S.C. 5506(b)).
(3) Section 1619(a)(1) (36 U.S.C. 5509(a)(1)).
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SEC. 1064. AUTHORITY OF CERTAIN MEMBERS OF THE
ARMED FORCES TO PERFORM NOTARIAL OR
CONSULAR ACTS.
Section 1044a(b) of title 10, United States Code, is
amended—
(1) in paragraph (1), by striking out ‘‘on active
duty or performing inactive-duty for training’’ and
inserting in lieu thereof ‘‘of the armed forces, includ-
ing members of reserve components who are judge ad-
vocates (whether or not in a duty status)’’;
(2) in paragraph (3), by striking out ‘‘adjutants
on active duty or performing inactive-duty training’’
and inserting in lieu thereof ‘‘adjutants, including
members of reserve components acting as such an ad-
jutant (whether or not in a duty status)’’; and
(3) in paragraph (4), by striking out ‘‘persons
on active duty or performing inactive-duty training’’
and inserting in lieu thereof ‘‘members of the armed
forces, including members of reserve components
(whether or not in a duty status),’’.
SEC. 1065. TRAINING OF MEMBERS OF THE UNIFORMED
SERVICES AT NON-GOVERNMENT FACILITIES.
(a) USE OF NON-GOVERNMENT FACILITIES.—Section
4105 of title 5, United States Code, is amended—
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(1) by inserting ‘‘and members of a uniformed
service under the jurisdiction of the head of the agen-
cy’’ after ‘‘employees of the agency’’; and
(2) by adding at the end the following: ‘‘For the
purposes of this section, the term ‘agency’ includes a
military department.’’.
(b) EXPENSES OF TRAINING.—Section 4109 of such
title is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by striking out ‘‘under regulations prescribed
under section 4118(a)(8) of this title and’’;
(B) in paragraph (1), by inserting after
‘‘an employee of the agency’’ the following: ‘‘, or
the pay of a member of a uniformed service
within the agency, who is’’; and
(C) in paragraph (2)—
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘or member of a
uniformed service’’ after ‘‘reimburse the em-
ployee’’;
(ii) in subparagraph (A), by striking
out ‘‘commissioned officers of the National
Oceanic and Atmospheric Administration’’
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and inserting in lieu thereof ‘‘a member of
a uniformed service’’; and
(iii) in subparagraph (B), by striking
out ‘‘commissioned officers of the National
Oceanic and Atmospheric Administration’’
and inserting in lieu thereof ‘‘a member of
a uniformed service’’; and
(2) by adding at the end the following:
‘‘(d) In the exercise of authority under subsection (a)
with respect to an employee of an agency, the head of the
agency shall comply with regulations prescribed under sec-
tion 4118(a)(8) of this title.
‘‘(e) For the purposes of this section, the term ‘agency’
includes a military department.’’.
SEC. 1066. THIRD-PARTY LIABILITY TO UNITED STATES FOR
TORTIOUS INFLICTION OF INJURY OR DIS-
EASE ON MEMBERS OF THE UNIFORMED
SERVICES.
(a) RECOVERY OF PAY AND ALLOWANCES.—Section 1
of Public Law 87–693 (42 U.S.C. 2651) is amended—
(1) in the first sentence of subsection (a)—
(A) by inserting ‘‘or pay for’’ after ‘‘re-
quired by law to furnish’’; and
(B) by striking out ‘‘or to be furnished’’
each place that phrase appears and inserting in
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lieu thereof ‘‘, to be furnished, paid for, or to be
paid for’’;
(2) by redesignating subsections (b) and (c) as
subsections (d) and (e), respectively;
(3) by inserting after subsection (a), the follow-
ing new subsections:
‘‘(b) If a member of the uniformed services is injured,
or contracts a disease, under circumstances creating a tort
liability upon a third person (other than or in addition
to the United States and except employers of seamen re-
ferred to in subsection (a)) for damages for such injury or
disease and the member is unable to perform the member’s
regular military duties as a result of the injury or disease,
the United States shall have a right (independent of the
rights of the member) to recover from the third person or
an insurer of the third person, or both, the amount equal
to the total amount of the pay that accrues and is to accrue
to the member for the period for which the member is unable
to perform such duties as a result of the injury or disease
and is not assigned to perform other military duties.
‘‘(c)(1) If, pursuant to the laws of a State that are
applicable in a case of a member of the uniformed services
who is injured or contracts a disease as a result of tortious
conduct of a third person, there is in effect for such a case
(as a substitute or alternative for compensation for damages
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through tort liability) a system of compensation or reim-
bursement for expenses of hospital, medical, surgical, or
dental care and treatment or for lost pay pursuant to a
policy of insurance, contract, medical or hospital service
agreement, or similar arrangement, the United States shall
be deemed to be a third-party beneficiary of such a policy,
contract, agreement, or arrangement.
‘‘(2) For the purposes of paragraph (1)—
‘‘(A) the expenses incurred or to be incurred by
the United States for care and treatment for an in-
jured or diseased member as described in subsection
(a) shall be deemed to have been incurred by the
member;
‘‘(B) the cost to the United States of the pay of
the member as described in subsection (b) shall be
deemed to have been pay lost by the member as a re-
sult of the injury or disease; and
‘‘(C) the United States shall be subrogated to any
right or claim that the injured or diseased member or
the member’s guardian, personal representative, es-
tate, dependents, or survivors have under a policy,
contract, agreement, or arrangement referred to in
paragraph (1) to the extent of the reasonable value of
the care and treatment and the total amount of the
pay deemed lost under subparagraph (B).’’;
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(4) in subsection (d), as redesignated by para-
graph (2), by inserting ‘‘or paid for’’ after ‘‘treatment
is furnished’’; and
(5) by adding at the end the following:
‘‘(f)(1) Any amounts recovered under this section for
medical care and related services furnished by a military
medical treatment facility or similar military activity shall
be credited to the appropriation or appropriations support-
ing the operation of that facility or activity, as determined
under regulations prescribed by the Secretary of Defense.
‘‘(2) Any amounts recovered under this section for the
cost to the United States of pay of an injured or diseased
member of the uniformed services shall be credited to the
appropriation that supports the operation of the command,
activity, or other unit to which the member was assigned
at the time of the injury or illness, as determined under
regulations prescribed by the Secretary concerned.
‘‘(g) For the purposes of this section:
‘‘(A) The term ‘uniformed services’ has the mean-
ing given such term in section 1072(1) of title 10,
United States Code.
‘‘(B) The term ‘tortious conduct’ includes any
tortious omission.
‘‘(C) The term ‘pay’, with respect to a member
of the uniformed services, means basic pay, special