I
104TH CONGRESS
2D SESSION
H. R. 3230
To authorize appropriations for fiscal year 1997 for military activities of
the Department of Defense, to prescribe military personnel strengths
for fiscal year 1997, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 15, 1996
Mr. SPENCE (for himself and Mr. DELLUMS) (both by request) introduced the
following bill; which was referred to the Committee on National Security
A BILL
To authorize appropriations for fiscal year 1997 for military
activities of the Department of Defense, to prescribe
military personnel strengths for fiscal year 1997, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 1997’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
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TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide Activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense health program.
Sec. 107. Chemical demilitarization program.
Subtitle B—Other Matters
Sec. 110. Clarification of waiver provision for F–15 aircraft program.
Sec. 111. Increase in the definitional amounts for major systems for Depart-
ment of Defense procurement.
Sec. 112. Authorizes revisions to improve the acquisition reporting process for
major defense acquisition programs.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of Appropriations.
Sec. 202. Live-fire survivability testing of V–22 aircraft.
Sec. 203. Live-fire survivability testing of F–22 aircraft.
Sec. 204. Research activities of the Defense Advanced Research Projects
Agency.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Subtitle B—Other Matters
Sec. 310. Remedies for contractor employee whistleblowers.
Sec. 311. Repeal of requirement for physical examination on calling militia into
Federal service.
Sec. 312. Defense Business Operations Fund amendment.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Excluding certain Reserve component members on active duty for 181
days or more from active component end strengths.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Matters Relating to Reserve Components
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Sec. 501. Discharge or retirement for years of service or after selection for
early removal.
Sec. 502. Appointment above O–2 in the United States Naval Reserve.
Sec. 503. Test program on unlimited use of commissary stores by eligible re-
servists.
Sec. 504. Active duty retirement sanctuary for reservists.
Sec. 505. Change in time for award of degree to be considered to meet the Se-
lected Reserve officer education requirement.
Sec. 506. Clarification of limitation on furnishing clothing or allowances for en-
listed National Guard technicians.
Sec. 507. Use of active Guard and Reserve personnel in composite active and
reserve component activities and in activities and functions as-
signed to a reserve component organization.
Subtitle B—Officer Education Programs
Sec. 510. Extension of age requirements for appointment as a cadet or mid-
shipman in the Senior Reserve Officers’ Training Corps and
the military department service academies.
Sec. 511. Expansion of Senior Reserve Officer Training Corps advanced train-
ing program to include graduate students.
Subtitle C—Other Matters
Sec. 515. Clarifying definition of active status.
Sec. 516. Chief warrant officer promotions.
Sec. 517. Revisions to missing persons authorities.
Sec. 518. Authority for the temporary promotions of certain Navy lieutenants.
Sec. 519. Extension in the delayed entry program of up to 180 days for meri-
torious cases.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Military pay raise for fiscal year 1997.
Sec. 602. Restriction on entitlement to basic allowance for quarters for reserve
component members.
Sec. 603. Continuous BAQ/VHA for single members who PCS to deployed unit;
authorization to quarters ashore (either adequate or inad-
equate), or basic allowance for quarters for E–5 members,
without dependents, assigned to sea duty; and BAQ/VHA for
shipboard military couples.
Sec. 604. Adjustments in cadet and midshipmen pay.
Subtitle B—Extension on Bonuses and Special Pays
Sec. 605. Extension of authority relating to payment of other bonuses and spe-
cial pays.
Sec. 606. Extension of certain bonuses for Reserve forces.
Sec. 607. Extension and modification of certain bonuses and special pay for
nurse officer candidates, registered nurses, and nurse anes-
thetists.
Subtitle C—Travel and Transportation Allowances
Sec. 610. Round-trip travel allowances for shipping motor vehicles at Govern-
ment expense.
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Sec. 611. Authority to reimburse Department of Defense domestic dependent
school-board members for certain programs and activities.
Sec. 612. Storage of a motor vehicle in lieu of transportation.
Sec. 613. Repeal of prohibition on payment of lodging expenses when adequate
Government quarters are available.
Subtitle D—Retired Pay, Survivor Benefits, and Related Matters
Sec. 615. Effective date for military retiree cost-of-living adjustment for fiscal
year 1998.
Sec. 616. Clarifying use of military morale, welfare, and recreation facilities by
retired reservists.
Subtitle E—Other Matters
Sec. 620. Disability coverage for officers granted excess leave for educational
purposes.
Sec. 621. Amendments to the Uniformed Services Former Spouses’ Protection
Act.
Sec. 622. Travel and transportation allowances: travel performed in connection
with leave between consecutive overseas tours.
TITLE VII—HEALTH CARE PROVISIONS
Sec. 701. Technical revision to CHAMPUS payment limits for TRICARE
prime enrollees.
Sec. 702. Repeal of the statutory restriction on use of funds for abortions.
Sec. 703. Medical and dental care for Reserve component members in a duty
status.
Sec. 704. Improved death and disability benefits for reservists.
TITLE VIII—ACQUISITION AND RELATED MATTERS
Sec. 801. Repeal of procurement technical assistance cooperative agreement
program.
Sec. 802. Extension of pilot mentor program.
Sec. 803. Extension and revision of authority to enter into prototype projects.
Sec. 804. Authority for payments from canceled account for shipbuilding and
conversion to be made from prior years account.
Sec. 805. Reliance on the private sector for supplies and services.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—General Matters
Sec. 901. Change in name of North American Air Defense Command.
Sec. 902. Amendment to board membership of the Ammunition Storage Board.
Subtitle B—Financial Management
Sec. 910. Devolution of environmental restoration transfer accounts to the mili-
tary departments.
Sec. 911. Recruiting functions: use of funds.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
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Sec. 1001. Repeal of requirement for separate budget request for procurement
of Reserve equipment.
Sec. 1002. Acceptance of services for Defense purpose (Defense cooperation ac-
count).
Sec. 1003. Disposition of certain assets arising out of the sale of certain assets
at closed military installations.
Subtitle B—Civilian Personnel
Sec. 1011. Employment and compensation provisions for faculty members and
leadership of the Asia-Pacific Center for Security Studies.
Sec. 1012. Excepted appointment of judicial non-attorney staff in the United
States Court of Appeals for the Armed Forces.
Sec. 1013. Conversion of military positions.
Subtitle C—Miscellaneous Reporting Requirements
Sec. 1020. National Guard and Reserve component equipment: annual report to
Congress.
Sec. 1021. Annual report on strategic defense initiative.
Sec. 1022. Repeal of report on contractor reimbursement costs.
Sec. 1023. Repeal of notice requirements for substantially or seriously affected
parties in downsizing efforts.
Subtitle D—Matters Relating to Other Nations
Sec. 1025. Authorization for execution of Department of Defense demining pro-
gram.
Subtitle E—Other Matters
Sec. 1030. National defense technology and industrial base, defense reinvest-
ment, and defense conversion.
Sec. 1031. Restoration of authority for certain intragovernment transfers in the
base closure and realignment process.
Sec. 1032. Chemical demilitarization citizens advisory commissions.
Sec. 1033. Transfer of excess personal property to support law enforcement
agencies.
Sec. 1034. Control of transportation systems in time of war.
Sec. 1035. Redesignation of Office of Naval Records and History Gift Fund to
Naval Historical Center Fund.
Sec. 1036. Transportation by commissaries and exchanges to overseas loca-
tions.
Sec. 1037. Cooperative agreements for the management of cultural resources.
Sec. 1038. Medal of Honor for African American soldiers who served in World
War II.
Sec. 1039. Presidential inauguration assistance.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
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Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense agencies construction and land acquisition
projects.
Sec. 2402. Military housing planning and design.
Sec. 2403. Improvements to military family housing units.
Sec. 2404. Military housing improvement program.
Sec. 2405. Energy conservation projects.
Sec. 2406. Authorization of appropriations, Defense agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Authorization of construction projects to be funded with previous-
year appropriations.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1994 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1993 projects.
Sec. 2704. Extension of authorizations of certain fiscal year 1992 projects.
Sec. 2705. Effective date.
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Army as follows:
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(1) For aircraft, $970,815,000.
(2) For missiles, $766,329,000.
(3) For weapons and tracked combat vehicles,
$1,102,014,000.
(4) For ammunition, $853,428,000.
(5) For other procurement, $2,627,440,000.
SEC. 102. NAVY AND MARINE CORPS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Navy as follows:
(1) For aircraft, $5,881,952,000.
(2) For weapons, including missiles and tor-
pedoes, $1,400,363,000.
(3) 
For 
shipbuilding 
and 
conversion,
$4,911,930,000.
(4) For other procurement, $2,714,195,000.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Marine Corps in
the amount of $555,507,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for procurement for the Air Force as fol-
lows:
(1) For aircraft, $5,779,228,000.
(2) For missiles, $2,733,877,000.
(3) For other procurement, $5,998,819,000.
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SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for defense-wide procurement in the
amount of $1,814,212,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the procurement for the Defense In-
spector General in the amount of $2,000,000.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the Department of Defense for pro-
curement for carrying out health care programs, projects,
and activities of the Department of Defense in the total
amount of $269,470,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fis-
cal year 1997 in the amount of $799,847,000 for—
(1) the destruction of lethal chemical weapons
in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C.
1521), and
(2) the destruction of chemical warfare material
of the United States that is not covered by section
1412 of such Act.
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lieu thereof ‘‘$540,000,000 (based on fiscal year
1990 constant dollars)’’; and
(3) by adding to the end of section (5)(A),
‘‘The Secretary of Defense may adjust the amounts
(and the base fiscal year) on the basis of Depart-
ment of Defense escalation rates; however, that ad-
justment shall not be effective until after the Sec-
retary transmits a written notification of the adjust-
ment to the Committee on Armed Services of the
Senate and Committee on National Security of the
House of Representatives.’’.
SEC. 112. AUTHORIZES REVISIONS TO IMPROVE THE AC-
QUISITION REPORTING PROCESS FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.
Section 2432 of title 10, United States Code, is
amended—
(1) in subsection (c)(1)(B) by striking ‘‘pro-
gram acquisition unit cost’’ and inserting in lieu
thereof ‘‘procurement unit cost’’;
(2) in subsection (e) by striking subparagraph
(8) and redesignating subparagraph (9) as subpara-
graph (8), accordingly; and
(3) in subsection (h) by striking subparagraph
(2)(D) and by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively.
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TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the use of the Armed Forces for re-
search, development, test, and evaluation, as follows:
(1) For the Army, $4,320,640,000.
(2) For the Navy, $7,334,734,000.
(3) For the Air Force, $14,417,456,000.
(4) For Defense-wide research, development,
test, and evaluation, $8,672,842,000, of which—
(A) $252,038,000 is authorized for the ac-
tivities of the Director, Test and Evaluation;
and
(B) $21,968,000 is authorized for the Di-
rector of Operational Test and Evaluation.
SEC. 202. LIVE-FIRE SURVIVABILITY TESTING OF V–22 AIR-
CRAFT.
(a) AUTHORITY FOR RETROACTIVE WAIVER.—The
Secretary of Defense may exercise the waiver authority in
section 2366(c) of title 10, United States Code, with re-
spect to the application of survivability testing to the V–
22 aircraft, notwithstanding that the program has entered
engineering and manufacturing development.
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(b) ALTERNATIVE SURVIVABILITY TEST REQUIRE-
MENTS.—The Secretary of Defense shall make available
a sufficient number of components critical to the surviv-
ability of the V–22 aircraft in realistic threat environ-
ments to conduct the alternative live-fire test program.
(c) FUNDING.—The funds required to carry out any
alternative live-fire testing program for the V–22 aircraft
system shall be made available from amounts appropriated
for the V–22 program.
SEC. 203. LIVE-FIRE SURVIVABILITY TESTING OF F–22
AIRCRAFT.
(a) AUTHORITY FOR RETROACTIVE WAIVER.—The
Secretary of Defense may exercise the waiver authority in
section 2366(c) of title 10, United States Code, with re-
spect to the application of the survivability tests of that
section to the F–22 aircraft, notwithstanding that such
program has entered full-scale engineering development.
(b) REPORTING REQUIREMENT.—If the Secretary of
Defense submits a certification under section 2366(c) of
such title 10 that live-fire testing of the F–22 system
under such section would be unreasonably expensive and
impractical, the Secretary of Defense shall require that
sufficiently large and realistic components and subsystems
that could affect the survivability of the F–22 system be
made available for any alternative live-fire test program.
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(c) FUNDING.—The funds required to carry out any
alternative live-fire testing program for the F–22 aircraft
system shall be made available from amounts appropriated
for the F–22 program.
SEC. 204. RESEARCH ACTIVITIES OF THE DEFENSE AD-
VANCED RESEARCH PROJECTS AGENCY.
Notwithstanding section 1701 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law
103–160; 107 Stat. 1853), the Director of the Defense
Advanced Research Projects Agency, for the Secretary of
Defense, may conduct basic and applied research and ad-
vanced technology development, on chemical and biological
warfare defense technologies and systems, independently
of any other component of the Department of Defense.
In conducting its mission of basic and applied research
and advanced technology development, the Advanced Re-
search Projects Agency should avoid unnecessary duplica-
tion of efforts of other components of the Department.
With respect to chemical and biological warfare defense
activities and where otherwise appropriate, coordinate its
activities with other components of the Department.
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TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the use of the Armed Forces of the
United States and other activities and agencies of the De-
partment of Defense, for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $18,114,479,000.
(2) For the Navy, $20,196,197,000.
(3) For the Marine Corps, $2,203,777,000.
(4) For the Air Force, $17,913,455,000.
(5) 
For 
the 
Defense 
Agencies,
$10,156,468,000.
(6) For the Army Reserve, $1,084,436,000.
(7) For the Naval Reserve, $843,927,000.
(8) 
For 
the 
Marine 
Corps 
Reserve,
$99,667,000.
(9) For the Air Force Reserve, $1,488,553,000.
(10) 
For 
the 
Army 
National 
Guard,
$2,208,477,000.
(11) 
For 
the 
Air 
National 
Guard,
$2,654,473,000.
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(12) For the Defense Inspector General,
$136,501,000.
(13) For Drug Interdiction and Counter-drug
Activities, Defense, $642,724,000.
(14) For the United States Court of Appeals
for the Armed Forces, $6,797,000.
(15) For Environmental Restoration, Army,
$356,916,000.
(16) For Environmental Restoration, Navy,
$302,900,000.
(17) For Environmental Restoration, Air Force,
$414,700,000.
(18) For Environmental Restoration, Defense-
wide, $258,500,000.
(19) 
For 
Medical 
Programs, 
Defense,
$9,358,288,000.
(20) For Overseas Humanitarian, Disaster, and
Civic Aid, $80,544,000.
(21) For Former Soviet Union Threat Reduc-
tion, $327,900,000.
(22) For Payments to Kaho’olawe Island,
$10,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for
fiscal year 1997 for the use of the Armed Forces of the
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United States and other activities and agencies of the De-
partment of Defense for providing capital for working cap-
ital and revolving funds in amounts as follows:
(1) For the Defense Business Operations Fund,
$947,900,000.
(2) For the National Defense Sealift Fund,
$963,002,000.
Subtitle B—Other Matters
SEC. 310. REMEDIES FOR CONTRACTOR EMPLOYEE WHIS-
TLEBLOWERS.
Section 2409(c) of title 10, United States Code, is
amended—
(1) in subparagraph (B) by striking the period
at the end, inserting in lieu thereof ‘‘; or in lieu of
reinstatement, order the contractor to pay the per-
son an amount equal to the compensation (including
back pay) that would apply to the person in that po-
sition if the reprisal had not been taken and an
award for damages.’’; and
(2) by adding at the end of paragraph (c)(1)
the following new subparagraph (D):
‘‘(D) Order the contractor to reimburse
the agency that conducted the reprisal inves-
tigation an amount equal to the cost of the in-
vestigation.’’.
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SEC. 311. REPEAL OF REQUIREMENT FOR PHYSICAL EXAM-
INATION ON CALLING MILITIA INTO FEDERAL
SERVICE.
(a) REPEAL OF REQUIREMENT.—Section 12408 of
title 10, United States Code, is repealed.
(b) CLERICAL AGREEMENT.—The table of sections at
the beginning of chapter 1209 is amended by striking out
the item relating to section 12408.
SEC. 312. DEFENSE BUSINESS OPERATIONS FUND AMEND-
MENT.
Section 2216(i)(1) of title 10, United States Code,
is amended by striking ‘‘$50,000’’ and inserting in lieu
thereof ‘‘$100,000’’.
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.
(2) The Navy, 406,900.
(3) The Marine Corps, 174,000.
(4) The Air Force, 381,100.
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SEC. 402. EXCLUDING CERTAIN RESERVE COMPONENT
MEMBERS ON ACTIVE DUTY FOR 181 DAYS OR
MORE 
FROM 
ACTIVE 
COMPONENT 
END
STRENGTHS.
Section 115(d) of title 10, United States Code, is
amended by adding at the end a new paragraph (8) as
follows:
‘‘(8) Members of reserve components on active
duty to perform special work in support of peacetime
requirements of the active components and combat-
ant commands for 181 days or more. The total num-
ber of personnel included in this category shall not
exceed two-tenths of one percent of the end
strengths authorized pursuant to subsection (a)(1).’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve
components as of September 30, 1997, as follows:
(1) The Army Reserve, 214,925.
(2) The Naval Reserve, 95,941.
(3) The Marine Corps Reserve, 42,000.
(4) The Air Force Reserve, 73,281.
(5) The Army National Guard, 366,758.
(6) The Air National Guard, 108,018.
(7) The Coast Guard Reserve, 8,000.
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(b) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a)
by not more than 2 percent.
(c) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be reduced proportionately by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
such component which are on active duty (other
than for training) at the end of the fiscal year, and
(2) the total number of individual members not
in units organized to serve as units of the Selected
Reserve of such component who are on active duty
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end
of the fiscal year.
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased pro-
portionately by the total authorized strengths of such
units and by the total number of such individual members.
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SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section
402(b), the reserve components of the armed forces are
authorized, as of September 30, 1997, the following num-
ber of Reserves to be serving on full-time active duty or,
in the case of members of the National Guard, full-time
National Guard duty for the purpose of organizing, ad-
ministering, recruiting, instructing, or training the reserve
components:
(1) The Army Reserve, 11,475.
(2) The Naval Reserve, 16,506.
(3) The Marine Corps Reserve, 2,559.
(4) The Air Force Reserve, 625.
(5) The Army National Guard, 22,798.
(6) The Air National Guard, 10,129.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Matters Relating to
Reserve Components
SEC. 501. DISCHARGE OR RETIREMENT FOR YEARS OF
SERVICE OR AFTER SELECTION FOR EARLY
REMOVAL.
(a) IN GENERAL.—The text of section 14514 of title
10, United States Code, is amended to read as follows:
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‘‘(a) Each reserve officer of the Army, Navy, Air
Force, or Marine Corps who is in an active status and
who is required to be removed from an active status or
from a reserve active-status list, as the case may be, under
section 14507, 14508, 14704, or 14705 of this title (un-
less the officer is sooner separated, the officer’s separation
is deferred, or the officer is continued in an active status
under another provision of law), in accordance with those
sections, shall—
‘‘(1) be transferred to the Retired Reserve, if
the officer is qualified and applies for such transfer;
or
‘‘(2) if the officer is not qualified or does not
apply for such transfer, be discharged from the offi-
cer’s reserve appointment.
‘‘(b) Each reserve officer of the Army, Navy, Air
Force, or Marine Corps who is in an inactive status and
who is required to be removed from an inactive status—
‘‘(1) shall be transferred to the Retired Re-
serve, if the officer is qualified and applies for such
transfer; or
‘‘(2) may, if the officer is not qualified or does
not apply for such transfer, be discharged from the
officer’s reserve appointment.’’.
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(b) 
CONFORMING
AMENDMENT.—Section
12683(b)(1) of such title is amended by inserting
‘‘14514,’’ and ‘‘12684,’’.
SEC. 502. APPOINTMENT ABOVE O–2 IN THE U.S. NAVAL
RESERVE.
Section 12205 of title 10, United States Code, is
amended by amending subsection (b)(3) to read as follows:
‘‘(3) The appointment in the Naval Reserve of
a person appointed for service under either the
Naval Aviation Cadet or Seaman to Admiral Pro-
gram.’’.
SEC. 503. TEST PROGRAM ON UNLIMITED USE OF COM-
MISSARY STORES BY ELIGIBLE RESERVISTS.
(a) The Secretary of Defense shall carry out in one
or more areas of the United States a test program under
which those Reserve members eligible for commissary use
under sections 1063 and 1064 of title 10, United States
Code, will be permitted to use commissary stores of the
Department of Defense on the same basis as members on
active duty. The test program will begin on January 1,
1997, and will be conducted for a period of one year.
(b) The Secretary of Defense shall report the results
of the test program to the Congress no later than March
31, 1998, together with such comments and recommenda-
tions as he determines appropriate.
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SEC. 504. ACTIVE DUTY RETIREMENT SANCTUARY FOR RE-
SERVISTS
Section 12686 of title 10, United States Code, is
amended—
(1) by designating the existing matter as para-
graph (1); and
(2) by adding at the end the following new
paragraph:
‘‘(2) The regulations prescribed under para-
graph (1) may except from the prohibition on invol-
untary release in that paragraph members who serve
on active duty (other than for training) under sec-
tion 12301 of this title pursuant to orders specifying
a period of less than 180 days provided that the
member is informed of and consents to such excep-
tion prior to entry on active duty.’’.
SEC. 505. CHANGE IN TIME FOR AWARD OF DEGREE TO BE
CONSIDERED TO MEET THE SELECTED RE-
SERVE OFFICER EDUCATION REQUIREMENT.
Section 12205(c)(2)(C) of title 10, United States
Code, is amended by striking ‘‘three’’ and inserting in lieu
thereof ‘‘eight’’.
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SEC. 506. CLARIFICATION OF LIMITATION ON FURNISHING
CLOTHING OR ALLOWANCES FOR ENLISTED
NATIONAL GUARD TECHNICIANS.
Subsection 418(c) of title 37, United States Code, is
amended by striking at the end of the paragraph ‘‘for
which a uniform allowance is paid under section 415 or
416 of this title’’, and inserting in lieu thereof ‘‘for which
clothing is furnished or a uniform allowance is paid under
this section’’.
SEC. 507. USE OF ACTIVE GUARD AND RESERVE PERSON-
NEL IN COMPOSITE ACTIVE AND RESERVE
COMPONENT ACTIVITIES AND IN ACTIVITIES
AND FUNCTIONS ASSIGNED TO A RESERVE
COMPONENT ORGANIZATION
Section 12310 of title 10, United States Code, is
amended by adding at the end the following two new sub-
sections:
‘‘(c) Organizing, administering, recruiting, instruct-
ing, or training the reserve components as used in this
title and in the authorizations of end strengths required
under section 115 of this title, includes—
‘‘(1) the conduct of activities described in sec-
tions 3013(b), 5013(b), and 8013(b) of this title in
support of any part of a military department when
such activities have been assigned by the Secretary
concerned, with the consent of the Chief of the Na-
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tional Guard Bureau or the chief of such reserve
component, to a reserve component organization for
execution; and
‘‘(2) peacetime standby air defense and ballistic
missile defense operations within the territory of the
United States.
‘‘(d) A reserve on duty under subsection (a) may
serve in, and supervise and command any other person
serving in a composite organization that conducts activi-
ties described in subsection (c) jointly in support of the
reserve components and the active components of one or
more armed services.’’.
Subtitle B—Officer Education
Programs
SEC. 510. EXTENSION OF AGE REQUIREMENTS FOR AP-
POINTMENT AS A CADET OR MIDSHIPMAN IN
THE SENIOR RESERVE OFFICERS’ TRAINING
CORPS AND THE MILITARY DEPARTMENT
SERVICE ACADEMIES.
(a) 
SENIOR
RESERVE
OFFICERS’ 
TRAINING
CORPS.—Section 2107(a) of title 10, United States Code,
is amended by striking out ‘‘25’’ and inserting in lieu
thereof ‘‘27’’.
(b) UNITED STATES MILITARY ACADEMY.—Section
4346(a) of title 10, United States Code, is amended by
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striking out ‘‘twenty-second birthday’’ and inserting in
lieu thereof ‘‘twenty-third birthday’’.
(c) UNITED STATES NAVAL ACADEMY.—Clause (1)
of section 6958(a) of title 10, United States Code, is
amended by striking out ‘twenty-second birthday’’ and in-
serting in lieu thereof ‘‘twenty-third birthday’’.
(d) UNITED STATES AIR FORCE ACADEMY.—Section
9346(a) of title 10, United States Code, is amended by
striking out ‘‘twenty-second birthday’’ and inserting in
lieu thereof ‘‘twenty-third birthday’’.
(e) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of enactment
of this Act; the amendments made by subsections (b)
through (d) shall take effect with regard to individuals en-
tering the United States Military Academy, the United
States Naval Academy, and the United States Air Force
Academy after June 1, 1997.
SEC. 511. EXPANSION OF SENIOR RESERVE OFFICERS’
TRAINING CORPS ADVANCED TRAINING PRO-
GRAM TO INCLUDE GRADUATE STUDENTS.
(a) IN GENERAL.—Section 2107(c) of title 10,
United States Code, is amended by inserting before the
last sentence the following new penultimate sentence:
‘‘The Secretary of the military department concerned may
provide similar financial assistance to a student enrolled
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(B) by striking out subsection (b);
(C) by redesignating subsection (c) as sub-
section (b); and
(D) in subsection (b), as so redesignated, by
striking ‘‘The theater component commander’’ and
all that follows to the end of the subsection.
(2) Section 1503(a) of such title is amended by strik-
ing ‘‘1502(b)’’ and inserting in lieu thereof ‘‘1502(a)’’.
(3) Section 1513 of such title 10 is amended by strik-
ing out paragraph (8).
(c) COUNSEL FOR MISSING PERSON.—(1) Section
1503 of title 10, United States Code, is amended—
(A) by striking subsection (f);
(B) by redesignating subsections (g), (h), (i),
(j), and (k) as subsections (f), (g), (h), (i) and (j),
respectively;
(C) in subsection (g)(C)(3), as so redesignated,
by striking ‘‘(j)’’ and inserting in lieu thereof ‘‘(i)’’;
(D) in subsection (j), as so redesignated—
(i) by striking ‘‘(i)’’ and inserting in lieu
thereof ‘‘(h)’’; and
(ii) in paragraph (1)(B) by striking ‘‘(h)’’
and inserting in lieu thereof ‘‘(g)’’; and
(E) in subsection (k), as so redesignated, by
striking ‘‘(i)’’ and inserting in lieu thereof ‘‘(h)’’.
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(2) Section 1504 of such title is amended—
(A) in subsection (a) by striking ‘‘(i)’’ and in-
serting in lieu thereof ‘‘(h)’’;
(B) by striking subsection (f);
(C) by redesignating subsections (g), (h), (i),
(j), (k), (l) and (m) as subsections (f), (g), (h), (i),
(j), (k) and (l), respectively;
(D) in subsection (g)(3)(A), as so redesignated,
by striking ‘‘and the counsel for the missing person
appointed under subsection (f)’’;
(E) in subsection (j), as so redesignated—
(i) in paragraph (1) by striking ‘‘(j)’’ and
inserting in lieu thereof ‘‘(i)’’;
(ii) by striking paragraph (1)(B);
(iii) by redesignating paragraph (1)(C) as
paragraph (1)(B);
(iv) in paragraph (1)(B), as so redesig-
nated, by striking ‘‘(g)(5)’’ inserting in lieu
thereof ‘‘(f)(5)’’; and
(v) in paragraph (2) by striking ‘‘(C)’’ and
inserting in lieu thereof ‘‘(B)’’;
(F) in subsection (k), as so redesignated, by
striking ‘‘(k)’’ and inserting in lieu thereof ‘‘(j)’’;
and
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(G) in subsection (l), as so redesignated, by
striking ‘‘(k)’’ and inserting in lieu thereof ‘‘(j)’’.
(3) Section 1505(c) of such title is amended—
(A) in paragraph (2) by striking ‘‘(A) the des-
ignated missing person’s counsel for that person,
and (B)’’; and
(B) in paragraph (3) by striking ‘‘with the ad-
vice of the missing person’s counsel notified under
paragraph (2),’’.
(d) THREE YEAR REVIEWS.—Section 1505 of title
10, United States Code, is amended by striking subsection
(b) and inserting in lieu thereof—
‘‘(b) FREQUENCY OF SUBSEQUENT REVIEWS.—The
Secretary shall appoint a board to conduct an inquiry with
respect to a missing person under this subsection upon
receipt of information that may result in a change of sta-
tus of the missing person.’’.
(e) WRONGFUL WITHHOLDING.—Section 1506 of
title 10, United States Code, is amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as sub-
section (e), respectively.
(f) RECOMMENDATION ON STATUS OF DEATH.—Sec-
tion 1507(b) of title 10, United States Code, is amended
by striking paragraphs (3) and (4).
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(g) DEPARTMENT OF DEFENSE CIVILIAN EMPLOY-
EES AND CONTRACTOR EMPLOYEES.—Section 1501(c) of
title 10, United States Code, is amended—
(1) by striking ‘‘the following persons: (1) Any’’
and inserting in lieu thereof ‘‘any’’; and
(2) by striking paragraph (2).
(h) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 76 of title 10, United States
Code, is amended by striking the items referring to sec-
tions 1508 and 1509.
SEC. 518. AUTHORITY FOR TEMPORARY PROMOTIONS OF
CERTAIN NAVY LIEUTENANTS.
Section 5721 of title 10, United States Code, is
amended by striking subsection (g).
SEC. 519. EXTENSION IN THE DELAYED ENTRY PROGRAM
OF UP TO 180 DAYS FOR MERITORIOUS
CASES.
Section 513(b) of title 10, United States Code, is
amended—
(1) by adding after the first sentence the follow-
ing new sentence: ‘‘The Secretary concerned may ex-
tend the above 365-day limitation period for a per-
son in the delayed entry program for up to an addi-
tional 180 days when he or she considers it expedi-
ent to do so.’’; and
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(2) in the last sentence by striking out ‘‘the
preceding sentence’’ and inserting in lieu thereof
‘‘under this section’’.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1997.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any
adjustment required by section 1009 of title 37, United
States Code, in elements of compensation of members of
the uniformed services to become effective during fiscal
year 1997 shall not be made.
(b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Ef-
fective on January 1, 1997, the rates of basic pay, basic
allowance for subsistence, and basic allowance for quarters
of members of the uniformed services are increased by 3.0
percent.
SEC. 602. RESTRICTION ON ENTITLEMENT TO BASIC AL-
LOWANCE FOR QUARTERS FOR RESERVE
COMPONENT MEMBERS.
Section 403(a) of title 37, United States Code, is
amended by adding at the end of paragraph (1) the follow-
ing new sentence: ‘‘A member of the Ready Reserve who
is serving on active duty for a period of fifteen days or
less and who is provided government quarters is not enti-
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tled to a basic allowance for quarters unless accompanied
by his dependents.’’.
SEC. 603. CONTINUOUS BAQ/VHA FOR SINGLE MEMBERS
WHO PCS TO DEPLOYED UNIT; AUTHORIZA-
TION TO QUARTERS ASHORE (EITHER ADE-
QUATE OR INADEQUATE), OR BASIC ALLOW-
ANCE FOR QUARTERS FOR E–5 MEMBERS,
WITHOUT DEPENDENTS, ASSIGNED TO SEA
DUTY; AND BAQ/VHA FOR SHIPBOARD MILI-
TARY COUPLES.
Section 403(c)(2) of title 37, United States Code, is
amended—
(1) at the beginning of the first sentence by
striking ‘‘A member’’ and inserting in lieu thereof
‘‘Except as otherwise provided in this paragraph, a
member’’; and
(2) by striking the second sentence and insert-
ing in lieu thereof ‘‘Under regulations of the Sec-
retary concerned that must consider the availability
of quarters, such Secretary may authorize payment
of the basic allowance for quarters to a member of
a uniformed service under the Secretary’s jurisdic-
tion when the member is without dependents, is
serving in pay grade E–5, and is assigned to sea
duty. Two members of the uniformed services in pay
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grades below E–6, who are married to each other
and have no other dependents, and who are simulta-
neously assigned to sea duty on ships are entitled to
a basic allowance for quarters (equal to the with de-
pendents rate of the pay grade of the senior member
only).’’.
(b) The amendments made by this section shall be-
come effective July 1, 1997. With the approval of the Sec-
retary of Defense, if funds are available for such purpose,
the Secretary of a Military Department may implement
such amendments on an appropriate date following the
date of enactment of this Act.
SEC. 604. ADJUSTMENTS IN CADET AND MIDSHIPMEN PAY.
Section 203(c) of title 37, United States Code, is
amended by striking paragraph (2) in its entirety and
‘‘(1)’’ at the beginning of the subsection.
Subtitle B—Extension of Bonus
and Incentive Pays
SEC. 605. EXTENSION OF AUTHORITY RELATING TO PAY-
MENT OF OTHER BONUSES AND SPECIAL
PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Sec-
tion 301b(a) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1997,’’ and inserting in
lieu thereof ‘‘September 30, 1999’’.
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(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEM-
BERS.—Section 308(g) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1997’’ and in-
serting in lieu thereof ‘‘September 30, 1999’’.
(c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—
Sections 308a(c) and 308f(c) of title 37, United States
Code, are each amended by striking out ‘‘September 30,
1997’’ and inserting in lieu thereof ‘‘September 30,
1999’’.
(d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE
SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI-
ORITY UNITS.—Section 308d(c) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(e) REPAYMENT OF EDUCATION LOANS FOR CER-
TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE-
LECTED RESERVE.—Section 16302(d) of title 10, United
States Code, is amended by striking out ‘‘October 1,
1997’’ and inserting in lieu thereof ‘‘October 1, 1999’’.
(f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME
HEALTH SPECIALISTS IN THE SELECTED RESERVES.—
Section 302g(f) of title 37, United States Code, is amend-
ed by striking out ‘‘September 30, 1997’’ and inserting
in lieu thereof ‘‘September 30, 1999’’.
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(g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI-
CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section
312(e) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1997’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(h) NUCLEAR CAREER ACCESSION BONUS.—Section
312b(c) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1997’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
(i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—
Section 312c(d) of title 37, United States Code, is amend-
ed by striking out ‘‘October 1, 1997’’ and inserting in lieu
thereof ‘‘October 1, 1999’’.
SEC. 606. EXTENSION OF CERTAIN BONUSES FOR RESERVE
FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—
Section 308b(f) of title 37, United States Code, is amend-
ed by striking out ‘‘September 30, 1997’’ and inserting
in lieu thereof ‘‘September 30, 1999’’.
(b) SELECTED RESERVE ENLISTMENT BONUS.—Sec-
tion 308c(e) of title 37, United States Code, is amended
by striking out ‘‘September 30, 1997’’ and inserting in
lieu thereof ‘‘September 30, 1999’’.
(c) SELECTED RESERVE AFFILIATION BONUS.—Sec-
tion 308e(e) of title 37, United States Code, is amended
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by striking out ‘‘September 30, 1997’’ and inserting in
lieu thereof ‘‘September 30, 1999’’.
(d) READY RESERVE ENLISTMENT AND REENLIST-
MENT BONUS.—Section 308h(g) of title 37, United States
Code, is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(e) PRIOR SERVICE ENLISTMENT BONUS.—Section
308i(i) of title 37, United States Code, is amended by
striking out ‘‘September 30, 1997’’ and inserting in lieu
thereof ‘‘September 30, 1999’’.
SEC. 607. EXTENSION AND MODIFICATION OF CERTAIN BO-
NUSES AND SPECIAL PAY FOR NURSE OFFI-
CER CANDIDATES, REGISTERED NURSES AND
NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States
Code, is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—
Section 302d(a)(1) of title 37, United States Code, is
amended by striking out ‘‘September 30, 1997’’ and in-
serting in lieu thereof ‘‘September 30, 1999’’.
(c) INCENTIVE SPECIAL PAY
FOR NURSE ANES-
THETISTS.—Section 302e(a)(1) of title 37, United States
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Code, is amended by striking out ‘‘September 30, 1997’’
and inserting in lieu thereof ‘‘September 30, 1999’’.
Subtitle C—Travel and
Transportation Allowances
SEC. 610. ROUND-TRIP TRAVEL ALLOWANCES FOR SHIP-
PING MOTOR VEHICLES AT GOVERNMENT EX-
PENSE.
(a) IN GENERAL.—Section 406(b)(1)(B) of title 37,
United States Code, is amended as follows:
(1) in clause (i)(I) by inserting ‘‘, including re-
turn travel to the old duty station,’’ after ‘‘nearest
the old duty station’’; and
(2) in subparagraph (ii) by inserting ‘‘, includ-
ing travel from the new duty station to the port of
debarkation to pick up the vehicle’’ after ‘‘to the new
duty station’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall become effective July 1, 1997. With the
approval of the Secretary of Defense, if funds are available
for such purpose, the Secretary of a Military Department
may implement such amendments at an earlier date fol-
lowing the date of enactment of this Act.
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SEC. 611. AUTHORITY TO REIMBURSE DEPARTMENT OF DE-
FENSE 
DOMESTIC 
DEPENDENT-SCHOOL-
BOARD MEMBERS FOR CERTAIN PROGRAMS
AND ACTIVITIES.
Section 2164(d) of title 10, United States Code, is
amended by adding at the end a new paragraph (7) as
follows:
‘‘(7) The Secretary may provide for reimburse-
ment to a school board member for travel and trans-
portation expenses, to include program and activity
fees, that the Secretary determines are reasonable
and necessary to the performance of school board
duties.’’.
SEC. 612. STORAGE OF A MOTOR VEHICLE IN LIEU OF
TRANSPORTATION.
(a) Section 2634 of title 10, United States Code, is
amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by adding a new subsection (b) as follows:
‘‘(b) In lieu of transportation authorized by this sec-
tion, if a member is ordered to a foreign country, and the
laws, regulations, or other restrictions imposed by the for-
eign country or the United States Government preclude
entry or require extensive modification as a condition to
entry of the member’s (or a dependent of the member’s)
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motor vehicle into such country, such member may elect
storage at the expense of the United States, to include
authorized costs associated with the delivery of the motor
vehicle for storage and removal for delivery to the next
authorized destination,’’.
(b) Clause (h)(1)(B) of section 406 of title 37, United
States Code, is amended to read as follows:
‘‘(B) in the case of a member described in
paragraph 2(A), authorize the transportation of
one motor vehicle that is owned by the member
(or a dependent of a member) and is for his de-
pendent’s personal use to that location by
means of transportation authorized under sec-
tion 2634 of title 10, or storage of such motor
vehicle as authorized under said section.’’.
(c) The amendments made by this section shall be-
come effective July 1, 1997. With the approval of the Sec-
retary of Defense, if funds are available for such purpose,
the Secretary of a Military Department may implement
such amendments earlier than July 1, 1997, but not ear-
lier than the date of enactment of this Act.
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SEC. 613. REPEAL OF PROHIBITION ON PAYMENT OF LODG-
ING EXPENSES WHEN ADEQUATE GOVERN-
MENT QUARTERS ARE AVAILABLE.
Section 1589 of title 10, United States Code, is re-
pealed.
Subtitle D—Retired Pay, Survivor
Benefits, and Related Matters
SEC. 615. EFFECTIVE DATE FOR MILITARY RETIREE COST-
OF-LIVING ADJUSTMENT FOR FISCAL YEAR
1998.
(a) ADJUSTMENT OF EFFECTIVE DATE.—Subpara-
graph (B) of section 1401a(b)(2) of title 10, United States
Code, is amended to read as follows:
‘‘(B) SPECIAL
RULE
FOR
FISCAL
YEAR
1996.—In the case of the increase in retired pay
that, pursuant to paragraph (1), becomes effec-
tive on December 1, 1995, the initial month for
which such increase is payable as part of such
retired pay shall (notwithstanding such Decem-
ber 1 effective date) be March 1996.’’.
(b) REPEAL OF CONTINGENT ALTERNATIVE DATE
FOR FISCAL YEAR 1998.—Section 631 of the National
Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 364) is amended by striking sub-
section (b) and further, by redesignating subsection (c) as
the new subsection (b).
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SEC. 616. CLARIFYING USE OF MILITARY MORALE, WEL-
FARE, AND RECREATION FACILITIES BY RE-
TIRED RESERVISTS.
Section 1065(a) of title 10, United States Code, is
amended by striking out the last sentence and inserting
in lieu thereof the following: ‘‘Such use by members of
the Selected Reserve, and the dependents of such mem-
bers, shall be permitted on the same basis as members
on active duty. Such use by members who would be eligible
for retired pay under chapter 67 of this title but for the
fact that the members are under 60 years of age, and the
dependents of such members, shall be on the same basis
as members who retired after serving 20 or more years
on active duty.’’.
Subtitle E—Other Matters
SEC. 620. DISABILITY COVERAGE FOR OFFICERS GRANTED
EXCESS 
LEAVE 
FOR 
EDUCATIONAL
PURPOSES.
(a) ELIGIBILITY FOR RETIREMENT.—Section 1201
of title 10, United States Code, is amended by striking
in the first sentence ‘‘Upon a determination’’ and all that
follows to the first dash and inserting in lieu thereof the
following: ‘‘Upon a determination by the Secretary con-
cerned that a member of a regular component of the
armed forces entitled to basic pay, or any other member
of the armed forces entitled to basic pay who has been
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called or ordered to active duty (other than for training
under section 10148(a) of this title) for a period of more
than 30 days, or a member of a regular component of the
armed forces who, while on active duty, is not entitled to
basic pay because he is authorized by the Secretary con-
cerned under section 502(b) of title 37 to participate in
an educational program, is unfit to perform the duties of
his office, grade, rank, or rating because of physical dis-
ability incurred while entitled to basic pay, or while not
entitled to basic pay because he is authorized by the Sec-
retary concerned under section 502(b) of title 37 to par-
ticipate in an educational program, the Secretary may re-
tire the member, with retired pay computed under section
1401 of this title, if the Secretary also determines that’’.
(b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY
DISABILITY RETIREMENT LIST.—Section 1202 of title 10,
United States Code, is amended by inserting ‘‘or a mem-
ber of a regular component of the armed forces who, while
on active duty, is not entitled to basic pay because he is
authorized by the Secretary concerned under section
502(b) of title 37 to participate in an educational pro-
gram,’’ after ‘‘for a period of more than 30 days,’’.
(c) ELIGIBILITY FOR SEPARATION.—Section 1203 of
title 10, United States Code, is amended by striking in
the first sentence ‘‘Upon a determination’’ and all that
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follows to the first dash and inserting in lieu thereof the
following: ‘‘Upon a determination by the Secretary con-
cerned that a member of a regular component of the
armed forces entitled to basic pay, or any other member
of the armed forces entitled to basic pay who has been
called or ordered to active duty (other than for training
under section 10148(a) of this title) for a period of more
than 30 days, or a member of a regular component of the
armed forces who, while on active duty, is not entitled to
basic pay because he is authorized by the Secretary con-
cerned under section 502(b) of title 37 to participate in
an educational program, is unfit to perform the duties of
his office, grade, rank, or rating because of physical dis-
ability incurred while entitled to basic pay, or while not
entitled to basic pay because he is authorized by the Sec-
retary concerned under section 502(b) of title 37 to par-
ticipate in an educational program, the member may be
separated from his armed force with severance pay com-
puted under section 1212 of this title, if the Secretary also
determines that—’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and apply with respect to physical disabilities
incurred on or after such date.
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SEC. 621. AMENDMENTS TO THE UNIFORMED SERVICES
FORMER SPOUSES’ PROTECTION ACT.
Section 1408 of title 10, United States Code, is
amended as follows:
(1) In subsection (b)(1), by striking out ‘‘cer-
tified or registered mail, return receipt requested’’ in
paragraph (A) and inserting in lieu thereof, ‘‘fac-
simile or electronic transmission, mail’’.
(2) In subsection (e)—
(A) by adding after subparagraph (3) the
following new subparagraph (4):
‘‘(4) An order modifying or clarifying the origi-
nal court order upon which payments under this sec-
tion are based and issued by a state other than the
state issuing the original court order shall not be
honored unless the court modifying or clarifying the
original court order is found to have jurisdiction
over both the member and former spouse in accord-
ance with the guidance set forth in subsection
(c)(4).’’; and
(B) by redesignating subparagraphs (4),
(5), and (6), as subparagraphs (5), (6), and
(7), respectively.
(3) In subsection (h), by amending subpara-
graph (10)(A) to read as follows:
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‘‘(10)(A) For purposes of this subsection, in the
case of a member of the armed services who has
been sentenced by a court-martial to receive punish-
ment that will terminate the eligibility of that mem-
ber to receive retired pay if executed, the eligibility
of that member to receive retired pay may, as deter-
mined by the Secretary concerned, be considered ter-
minated effective either upon the approval of that
sentence by the person acting under section 860(c)
of this title (article 60(c) of the Uniform Code of
Military Justice), or upon the discharge of the mem-
ber from the uniformed services.’’.
SEC. 622. TRAVEL AND TRANSPORTATION ALLOWANCES:
TRAVEL PERFORMED IN CONNECTION WITH
LEAVE BETWEEN CONSECUTIVE OVERSEAS
TOURS.
(a) ADDITIONAL DEFERRAL.—Paragraph (2) of sub-
section 411b(a) of title 37, United States Code, is amend-
ed by inserting at the end the following new sentence:
‘‘Notwithstanding the limitation in the preceding sentence,
a member who is unable to travel under this provision
prior to completion of the one year period after the date
the member begins the consecutive overseas tour of duty
or arrives at a new duty station due to participation in
a critical operational mission, as determined by the Service
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Secretaries or their designated representatives, may,
under the uniform regulations referred to in paragraph
(1), defer that travel for a period not to exceed one year
after assignment from the critical operational mission that
precluded the travel.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall be effective for all members participating
in critical operational missions on or after 1 November
1995.
TITLE VII—HEALTH CARE
PROVISIONS
SEC. 701. TECHNICAL REVISION TO CHAMPUS PAYMENT
LIMITS FOR TRICARE PRIME ENROLLEES.
Section 1079(h)(4) of title 10, United States Code,
is amended in the second sentence by striking ‘‘emer-
gency’’.
SEC. 702. REPEAL OF THE STATUTORY RESTRICTION ON
USE OF FUNDS FOR ABORTIONS.
(a) IN GENERAL.—Section 1093 of title 10, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 55, United States Code, is
amended by striking out the item referring to section
1093.
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SEC. 703. MEDICAL AND DENTAL CARE FOR RESERVE COM-
PONENT MEMBERS IN A DUTY STATUS.
(a) IN GENERAL.—Chapter 55 of title 10, United
States Code, is amended by striking out section 1074a and
inserting in lieu thereof the following:
‘‘§ 1074a. Medical and dental care for Reserve compo-
nent members in a duty status
‘‘(a) Under joint regulations prescribed by the admin-
istering Secretaries, the following persons are entitled to
the benefits described in subsection (b):
‘‘(1) Each member of a reserve component of a
uniformed service who incurs or aggravates an in-
jury, illness, or disease in the line of duty while per-
forming—
‘‘(A) active duty, active duty for training,
annual training or full-time National Guard
duty, or
‘‘(B) inactive duty training, in a pay or
nonpay status.
‘‘(2) Each member of a reserve component of a
uniformed service who incurs or aggravates an in-
jury, illness, or disease while traveling directly to or
from the place at which that member is to perform
or has performed—
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‘‘(A) active duty, active duty for training,
annual training or full-time National Guard
duty, or
‘‘(B) inactive duty training, in a pay or
nonpay status.
‘‘(3) Each member of a reserve component of a
uniformed service who incurs or aggravates an in-
jury, illness, or disease in the line of duty while re-
maining overnight, between successive periods of in-
active duty training, and the site is outside reason-
able commuting distance from the member’s resi-
dence.
‘‘(b) A person described in subsection (a) is entitled
to—
‘‘(1) the medical and dental care appropriate
for the treatment of the injury, illness, or disease of
that person until the member completes treatment
and is returned to full military duty or has com-
pleted processing in accordance with chapter 61 of
this title;
‘‘(2) upon the member’s request, continuation
on active duty, for personnel included in subsections
(a)(1)(A) and (a)(2)(A), during the period of hos-
pitalization resulting from the injury, illness, or dis-
ease; and
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‘‘(3) the pay and allowances authorized in ac-
cordance with sections 204 (g) and (h) of title 37,
United States Code.
‘‘(c) A member is not entitled to benefits under this
section if the injury, illness, or disease, or aggravation of
an injury, illness, or disease described in subsection (a)(2),
is the result of the gross negligence or misconduct of the
member.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such chapter 55 is amended by striking out the item
referring to section 1074a and inserting in lieu thereof the
following:
‘‘1074a. Medical and dental care for Reserve component members in a duty sta-
tus.’’.
SEC. 704. IMPROVED DEATH AND DISABILITY BENEFITS
FOR RESERVISTS.
(a) MEDICAL AND DENTAL CARE.—Section 1074a(a)
of title 10, United States Code, is amended by inserting
after paragraph (2) the following new paragraph:
‘‘(3) Each member of the armed forces who in-
curs or aggravates an injury, illness, or disease in
the line of duty while remaining overnight, between
successive periods of inactive-duty training, at or in
the vicinity of the site of the inactive-duty training,
and the site is outside reasonable commuting dis-
tance from the member’s residence.’’.
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(b) RECOVERY, CARE, AND DISPOSITION
OF RE-
MAINS.—Section 1481(a)(2) of title 10, United States
Code, is amended—
(1) in subparagraph (C) by striking out ‘‘or’’ at
the end;
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) remaining overnight, between succes-
sive periods of inactive-duty training, at or in
the vicinity of the site of the inactive-duty
training, and the site is outside reasonable com-
muting distance from the member’s residence;
or’’.
(c) RETIREMENT/SEPARATION
FOR DISABILITY.—
Section 1204(2) of title 10, United States Code, is amend-
ed by striking out the semicolon at the end of the subpara-
graph and inserting the following: ‘‘or in line of duty while
remaining overnight, between successive periods of inac-
tive-duty training, at or in the vicinity of the site of the
inactive-duty training, and the site is outside reasonable
commuting distance from the member’s residence.’’.
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(d) ENTITLEMENT TO BASIC PAY.—(1) Subsection
(g)(1) of section 204 of title 37, United States Code, is
amended—
(A) in subparagraph (B), by striking out ‘‘or’’
at the end of the subparagraph;
(B) in subparagraph (C), by striking out the
period at the end of the subparagraph and inserting
in lieu thereof ‘‘; or’’; and
(C) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) in line of duty while remaining over-
night, between successive periods of inactive-
duty training, at or in the vicinity of the site of
the inactive-duty training, and the site is out-
side reasonable commuting distance from the
member’s residence.’’.
(2) Subsection (h)(1) of such section is amended—
(A) in subparagraph (B) by striking out ‘‘or’’
at the end of the subparagraph;
(B) in subparagraph (C), by striking out the
period at the end of the subparagraph and inserting
in lieu thereof ‘‘; or’’; and
(C) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
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‘‘(D) in line of duty while remaining over-
night, between successive periods of inactive-
duty training, at or in the vicinity of the site of
the inactive-duty training, and the site is out-
side reasonable commuting distance from the
member’s residence.’’.
(e) COMPENSATION
FOR INACTIVE-DUTY TRAIN-
ING.—Section 206(a)(3) of title 37 is amended—
(1) in subparagraph (A) by striking out ‘‘or’’ at
the end of clause (ii);
(2) in subparagraph (B), by striking out the pe-
riod at the end of the subparagraph and inserting in
lieu thereof ‘‘; or’’; and
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) in line of duty while overnight, be-
tween successive periods of inactive-duty train-
ing, at or in the vicinity of the site of the inac-
tive-duty training, and the site is outside rea-
sonable commuting distance from the member’s
residence.’’.
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TITLE XIII—ACQUISITION AND
RELATED MATTERS
SEC. 801. REPEAL OF PROCUREMENT TECHNICAL ASSIST-
ANCE COOPERATIVE AGREEMENT PROGRAM.
(a) REPEAL.—Chapter 142 of title 10, United States
Code, is hereby repealed.
(b) CONFORMING AMENDMENT.—Part IV of Subtitle
A of such title is amended by striking out in the table
of chapters at the beginning of such title the item refer-
ring to chapter 142.
SEC. 802. EXTENSION OF PILOT MENTOR PROGRAM.
Section 831(j)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1991 (Public Law 101–510; 10
U.S.C. 2301 note) is amended by striking out ‘‘1996’’ and
inserting in lieu thereof ‘‘1998.’’
SEC. 803. EXTENSION AND REVISION OF AUTHORITY TO
ENTER INTO PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
2371 note) is amended—
(1) in subsection (a) by inserting after ‘‘Agen-
cy’’ ‘‘, the Secretary of a military department or
other official designated by the Secretary of De-
fense’’;
(2) in subsection (c)—
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(A) by striking ‘‘of the Director’’; and
(B) by striking ‘‘3 years after the date of
enactment of this Act’’ and inserting in lieu
thereof ‘‘on September 30, 1999.’’;
(3) by redesignating subsection (c) as sub-
section (d); and
(4) by inserting after subsection (b) the follow-
ing new subsection (c):
‘‘(c) FOLLOW-ON.—Notwithstanding any other provi-
sion of law, the Secretary of Defense may conduct a fol-
low-on acquisition of any prototype or technology dem-
onstrator developed under the authority of this section uti-
lizing such acquisition procedures as the Secretary deter-
mines appropriate.’’.
SEC. 804. AUTHORITY FOR PAYMENTS FROM CANCELED AC-
COUNT FOR SHIPBUILDING AND CONVER-
SION TO BE MADE FROM PRIOR YEARS AC-
COUNT.
For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in
this Act and hereafter under the heading ‘‘Shipbuilding
and Conversion, Navy’’ shall be considered to be for the
same purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
prior year.
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SEC. 805. RELIANCE ON THE PRIVATE SECTOR FOR SUP-
PLIES AND SERVICES.
(a) IN GENERAL.—The Secretary of Defense shall
rely on the private sector, to the maximum extent prac-
ticable, for commercial or industrial type supplies and
services necessary for or beneficial to the accomplishment
of the authorized functions of the Department, except
when the Secretary or his designee determines, in his dis-
cretion, that the function should be performed by govern-
ment personnel.
(b) AUTHORITY.—Notwithstanding any provision of
title 10, United States Code, or any statute authorizing
appropriations for, or making appropriations for, the De-
partment of Defense, the Secretary may acquire by con-
tract from the private sector or any non-federal govern-
ment entities those commercial or industrial type supplies
and services necessary for or beneficial to the accomplish-
ment of the authorized functions of the Department. The
Secretary shall use the procurement procedures of chapter
137 of title 10, United States Code; however, when the
Secretary provides for the procurement of such supplies
and services using competitive procedures, the Secretary
may limit the place of performance to the location where
such supplies or services are being provided by federal gov-
ernment personnel when the Secretary determines it is in
the public interest.
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TITLE IX—ORGANIZATION AND
MANAGEMENT
SEC. 901. CHANGE IN NAME OF NORTH AMERICAN AIR DE-
FENSE COMMAND.
Section 162 of title 10, United States Code, is
amended by striking out ‘‘North American Air Defense
Command’’ each place it appears and inserting in lieu
thereof ‘‘United States Element, North American Aero-
space Defense Command’’.
SEC. 902. AMENDMENT TO BOARD MEMBERSHIP OF THE
AMMUNITION STORAGE BOARD.
Section 172(a) of title 10, United States Code, is
amended by inserting ‘‘composed’’ after ‘‘a joint board’’
and by inserting ‘‘, civilian employees of the Department
of Defense, or both’’ after ‘‘of officers’’.
Subtitle B—Financial Management
SEC. 910. DEVOLUTION OF ENVIRONMENTAL RESTORATION
TRANSFER ACCOUNTS TO THE MILITARY DE-
PARTMENTS.
(a) Section 2703 of title 10, United States Code, is
amended to read as follows:
‘‘§ 2703. Environmental restoration transfer accounts
‘‘(a) ESTABLISHMENT OF TRANSFER ACCOUNTS.—
‘‘(1) ESTABLISHMENT.—There is hereby estab-
lished in the Department of Defense and in each of
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the Military Departments, an account to be known
as the ‘‘Environmental Restoration Account’’ (here-
inafter in this section referred to as the ‘‘transfer
accounts’’). All sums appropriated to carry out the
functions of the Secretary of Defense and the Sec-
retaries of the Military Departments relating to en-
vironmental restoration under this chapter or to en-
vironmental restoration under any other provision of
law shall be appropriated to their respective transfer
accounts.
‘‘(2) REQUIREMENT OF AUTHORIZATION OF AP-
PROPRIATIONS.—No funds may be appropriated to
the transfer accounts unless such sums have been
specifically authorized by law.
‘‘(3) AVAILABILITY
OF
FUNDS
IN
TRANSFER
ACCOUNTS.—Amounts appropriated to the transfer
accounts shall remain available until transferred
under subsection (b).
‘‘(b) AUTHORITY TO TRANSFER
TO OTHER AC-
COUNTS.—Amounts in their respective transfer accounts
shall be available to be transferred by the Secretary of
Defense or the Secretaries of the Military Departments
to any appropriation account or fund of their Departments
for obligation from that account or fund to which trans-
ferred.
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‘‘(c) OBLIGATION
OF TRANSFERRED AMOUNTS.—
Funds transferred under subsection (b) may only be obli-
gated or expended from the account or fund to which
transferred in order to carry out the functions of the Sec-
retary of Defense or the Secretaries of the Military De-
partments under this chapter or environmental restoration
functions under any other provision of law.
‘‘(d) AMOUNTS RECOVERED UNDER CERCLA.—
Amounts recovered under section 107 of CERCLA for re-
sponse actions of the Secretary of Defense or a Secretary
of a Military Department shall be credited to their respec-
tive transfer account.
‘‘(e) PAYMENTS OF FINES AND PENALTIES.—None
of the funds appropriated to the transfer account for fiscal
years 1995 through 1999 may be used for the payment
of a fine or penalty imposed against the Department of
Defense unless the act of omission for which the fine or
penalty is imposed arises out of an activity funded by the
transfer account.
‘‘(f) CONFORMING AMENDMENT.—Reference to the
‘Defense Environmental Restoration Account’ elsewhere in
the law shall be construed as referring to the ‘Environ-
mental Restoration Account’ of the Department of De-
fense and each of the military departments.’’.
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SEC. 911. RECRUITING FUNCTIONS: USE OF FUNDS.
(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,
not to exceed $2,000,000 annually, may be expended for
small meals and snacks during recruiting functions for—
‘‘(1) persons who have entered the Delayed
Entry Program under section 513 of this chapter or
other persons who are the subject of recruiting ef-
forts by the regular and reserve components;
‘‘(2) influential persons in communities who as-
sist the military departments in their recruiting ef-
forts;
‘‘(3) military or civilian personnel whose attend-
ance is mandatory at such functions.’’; and
‘‘(4) other persons whose presence at recruiting
functions will contribute to recruiting efforts.’’; and
(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.’’.
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TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE
BUDGET REQUEST FOR PROCUREMENT OF
RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is re-
pealed.
SEC. 1002. ACCEPTANCE OF SERVICES FOR DEFENSE PUR-
POSE (DEFENSE COOPERATION ACCOUNT).
Section 2608 of title 10, United States Code is
amended—
(1) in subsection (a) by inserting after ‘‘money’’
‘‘, services,’’; and
(2) by amending subsection (k) to read as fol-
lows:
‘‘(k) the Secretary of Defense is required to establish
written rules to carry out this section setting forth the
criteria to be used in determining whether the acceptance
of contributions of money, real property, personal prop-
erty, or services would reflect unfavorably upon the ability
of the Department of Defense or any employee to carry
out its responsibilities or official duties in a fair and objec-
tive manner, or would compromise the integrity or the ap-
pearance of integrity of its programs or any official in-
volved in those programs.’’.
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SEC. 1003. DISPOSITION OF CERTAIN FUNDS ARISING OUT
OF 
THE 
SALE 
OF 
CERTAIN 
ASSETS 
AT
CLOSED MILITARY INSTALLATIONS.
(a) BASE CLOSURES UNDER 1988 ACT.—Section
204(b)(7) of the Defense Authorization Amendments and
Base Closure and Realignment Act (title II to Public Law
100–526, as amended; 10 U.S.C. 2687 note) is amend-
ed—
(1) by striking out subsection (C)(i) and insert-
ing in lieu thereof the following:
‘‘(i) If any real property or facility ac-
quired, constructed, or improved (in whole
or in part) with commissary store funds or
nonappropriated funds is transferred or
disposed of in connection with the closure
or realignment of a military installation
under this part, a portion of the proceeds
of the transfer or other disposal of prop-
erty on that installation shall be deposited
as follows:
‘‘(I) In the case of proceeds from
the transfer or other disposal of prop-
erty acquired, constructed, or im-
proved (in whole or in part) with com-
missary store funds, the applicable
portion shall be deposited in the com-
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missary surcharge fund established
pursuant to section 2685 of title 10,
United States Code.
‘‘(II) In the case of proceeds
from the transfer or other disposal of
property acquired, constructed, or im-
proved (in whole or in part) with non-
appropriated funds, the applicable
portion shall be deposited in a De-
partment of Defense nonappropriated
fund account designated by the Sec-
retary.’’; and
(2) by redesignating subsection (C)(iii) as sub-
section (C)(iv) and inserting the following new sub-
section (C)(iii):
‘‘(iii) 
The 
Secretary 
may 
use
amounts—
‘‘(I) so deposited in the com-
missary surcharge fund for the pur-
pose of acquiring, constructing, and
improving commissary stores; and
‘‘(II) so deposited in the non-
appropriated fund account designated
by the Secretary for the purpose of
acquiring, constructing, and improv-
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ing real property and facilities for
nonappropriated fund instrumental-
ities.’’.
(b) BASE CLOSURE UNDER 1990 ACT.—Section
2906 of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510,
as amended; 10 U.S.C. 2687 note) is amended—
(1) by striking out subsection (d)(1) and insert-
ing in lieu thereof the following:
‘‘(1) If any real property or facility acquired,
constructed, or improved (in whole or in part) with
commissary store funds or nonappropriated funds is
transferred or disposed of in connection with the clo-
sure or realignment of a military installation under
this part, a portion of the proceeds of the transfer
or other disposal of property on that installation
shall be deposited as follows:
‘‘(A) In the case of proceeds from the
transfer or other disposal of property acquired,
constructed, or improved (in whole or in part)
with commissary store funds, the applicable
portion shall be deposited in the commissary
surcharge fund established pursuant to 10
U.S.C. 2685.
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‘‘(B) In the case of proceeds from the
transfer or other disposal of property acquired,
constructed, or improved (in whole or in part)
with nonappropriated funds, the applicable por-
tion shall be deposited in a Department of De-
fense nonappropriated fund account designated
by the Secretary.’’; and
(2) by striking out subsection (d)(3) and insert-
ing in lieu thereof the following:
‘‘(3) The Secretary may use amounts—
‘‘(A) so deposited in the commissary sur-
charge fund for the purpose of acquiring, con-
structing, and improving commissary stores;
and
‘‘(B) so deposited in the nonappropriated
fund account designated by the Secretary for
the purpose of acquiring, constructing, and im-
proving real property and facilities for non-
appropriated fund instrumentalities.’’.
(c) BASE CLOSURES UNDER 1991 ACT.—Section
2921 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101–510, as amended; 10 U.S.C.
2687 note) is amended in subsection (d)(1)—
(1) by striking out ‘‘in the reserve account es-
tablished under section 204(b)(4)(C) of the Defense
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Authorization Amendments and Base Closure and
Realignment Act’’ and inserting in lieu thereof ‘‘in
the commissary surcharge fund established pursuant
to section 2685 of title 10 United States Code or in
a Department of Defense nonappropriated fund ac-
count designated by the Secretary of Defense, con-
sistent with the source of the funds’’; and
(2) by striking out the parenthetical ‘‘(in such
an aggregate amount as is provided in advance by
appropriation Acts)’’.
(d) DEFINITION
OF PROCEEDS.—For subsections
(a), (b), and (c) above, the term ‘‘proceeds’’ is the amount
in excess of the depreciated value from the sale of com-
missary or nonappropriated fund assets.
Subtitle B—Civilian Personnel
SEC. 1011. EMPLOYMENT AND COMPENSATION PROVISIONS
FOR FACULTY MEMBERS AND LEADERSHIP
OF THE ASIA-PACIFIC CENTER FOR SECURITY
STUDIES.
Section 1595 of title 10, United States Code, is
amended—
(1) in subsection (c) by adding at the end the
following new paragraph (4):
‘‘(4) The Asia-Pacific Center for Security Stud-
ies.’’; and
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(2) by adding at the end of the section the fol-
lowing new subsection (f):
‘‘(f) APPLICATION TO DIRECTOR AND DEPUTY DI-
RECTOR AT ASIA-PACIFIC CENTER FOR SECURITY STUD-
IES.—In the case of the Asia-Pacific Center for Security
Studies, this section also applies with respect to the Direc-
tor and the Deputy Director.’’.
SEC. 1012. EXCEPTED APPOINTMENT OF JUDICIAL NON-AT-
TORNEY STAFF IN THE UNITED STATES
COURT 
OF 
APPEALS 
FOR 
THE 
ARMED
FORCES.
Article 143(c) of the Uniform Code of Military Jus-
tice (10 U.S.C. 943(c)) is amended—
(1) in the catchline for the subsection by strik-
ing ‘‘attorney’’ and inserting in lieu thereof ‘‘cer-
tain’’; and
(2) in paragraph (1) by inserting after ‘‘Court
of Appeals for the Armed Forces’’ ‘‘and non-attor-
ney positions established in a judge’s chambers’’.
SEC. 1013. CONVERSION OF MILITARY POSITIONS.
Section 1032 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.
429) is hereby repealed.
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Subtitle C—Reporting
Requirements
SEC. 1020. NATIONAL GUARD AND RESERVE COMPONENT
EQUIPMENT: ANNUAL REPORT TO CONGRESS.
Section 10541(b)(5)(A) of title 10, United States
Code, is amended by striking out ‘‘, shown in accordance
with deployment schedules and requirements over succes-
sive 30-day periods following mobilization’’.
SEC. 1021. ANNUAL REPORT ON STRATEGIC DEFENSE INI-
TIATIVE.
Section 224 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431
note), is amended—
(1) by striking subsections (b)(3), (b)(4),
(b)(7), (b)(9) and (b)(10); and
(2) by redesignating subsections (b)(5), (b)(6),
and (b)(8), as (b)(3), (b)(4), and (b)(5), respectively.
SEC. 1022. REPEAL OF REPORT ON CONTRACTOR REIM-
BURSEMENT COSTS.
Section 2706 of title 10, United States Code, is
amended by striking out subsection (c) and by redesignat-
ing subsection (d) as subsection (c), respectively.
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SEC. 1023. REPEAL OF NOTICE REQUIREMENTS FOR SUB-
STANTIALLY OR SERIOUSLY AFFECTED PAR-
TIES IN DOWNSIZING EFFORTS.
Sections 4101 and 4201 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–
510; 10 U.S.C. 2391 note) are hereby repealed.
Subtitle D—Matters Relating to
Other Nations
SEC. 1025. AUTHORIZATION FOR EXECUTION OF DEPART-
MENT OF DEFENSE DEMINING PROGRAM.
Section 401(c) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by inserting after paragraph (1) the follow-
ing new paragraph (2):
‘‘(2) In providing the assistance described in
subsection (e)(5), such expenses for that assistance
may include—
‘‘(A) travel, transportation, and subsist-
ence expenses of personnel participating in such
activities; and
‘‘(B) the cost of any equipment, supplies,
and services acquired for the purpose of carry-
ing out or supporting such activities, including
any equipment, supplies, or services transferred
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or otherwise provided to a foreign country or
other organization in connection with the provi-
sion of assistance under this section.’’.
Subtitle E—Other Matters
SEC. 1030. NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE, DEFENSE REINVESTMENT, AND
DEFENSE CONVERSION.
(a) NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE COUNCIL.—Section 2502 of title 10, United
States Code, is amended by striking out subsection (c)(3).
(b) NATIONAL DEFENSE PROGRAM FOR ANALYSIS
OF THE TECHNOLOGY AND INDUSTRIAL BASE.—Section
2503 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by amending paragraph (1) to read as
follows:
‘‘(1) The Secretary of Defense shall establish a
program for analysis of national technology and in-
dustrial base issues, policies, and programs.’’; and
(B) by striking out paragraphs (2), (3),
and (4);
(2) by striking out subsection (b);
(3) by redesignating subsection (c) as sub-
section (b);
(4) in subsection (c)(3)(A)—
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(A) by striking out ‘‘the National Defense
Technology and Industrial Base Council in’’;
and
(B) by striking out ‘‘and the periodic plans
required by section 2506 of this title.’’; and
(5) in subsection (c)(3), by striking subpara-
graph (C).
(c) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE:
PERIODIC DEFENSE CAPABILITY ASSESSMENTS.—Section
2505 of title 10, United States Code, is amended to read
as follows:
‘‘§ 2505. National technology and industrial base:
periodic defense capability assessments
‘‘(a) PERIODIC ASSESSMENT.—The Secretary of De-
fense shall, in consultation with the Secretary of Com-
merce, annually through fiscal year 1998, prepare selected
assessments of the capability of the national technology
and industrial base to attain national security require-
ments.
‘‘(b) ASSESSMENT PROCESS.—The Secretary of De-
fense shall take action to ensure that technology and in-
dustrial capability assessments prepared by the Depart-
ment will—
‘‘(1) describe sectors and their underlying infra-
structure;
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‘‘(2) analyze economic and financial strengths
of sectors, especially those portions that might be af-
fected by defense program reductions; and
‘‘(3) identify technological and industrial capa-
bilities of concern.
‘‘(c) INTEGRATED PROCESS.—The Secretary of De-
fense shall ensure that the technology and industrial base
assessments are integrated into the Department of De-
fense’s overall budget, acquisition, and logistics decision-
making processes.’’.
(d) DEPARTMENT OF DEFENSE TECHNOLOGY AND
INDUSTRIAL BASE POLICY
AND OVERSIGHT.—Section
2506 of title 10, United States Code, is amended to read
as follows:
‘‘§ 2506. Department of Defense technology and in-
dustrial base policy and oversight
‘‘(a) DEPARTMENTAL GUIDANCE.—The Secretary of
Defense shall prescribe Departmental guidance appro-
priate to implement the national security objectives of the
President. The Secretary should also provide for senior-
level Departmental oversight to ensure that technological
and industrial capability issues are integrated into key de-
cision processes for budget allocation, weapons acquisition,
and logistics support.
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‘‘(b) REPORT TO CONGRESS.—The Secretary of De-
fense shall report on the Department’s implementation of
Departmental guidance in the annual report to Congress
prepared pursuant to section 2508 of this title.’’.
(e) ANNUAL REPORT TO CONGRESS.—Subchapter II
of chapter 148 of title 10, United States Code, is amended
by inserting after section 2507 the following new section:
‘‘§ 2508. Annual report to Congress
‘‘(a) The Secretary of Defense shall transmit an an-
nual report to Congress in March 1997 and March 1998
which shall include the following:
‘‘(1) A description of the Department’s guid-
ance prepared pursuant to section 2506 of this title.
‘‘(2) A description of the various methods and
analysis being undertaken to address technological
and industrial concerns.
‘‘(3) A description of the assessments used to
develop the Department’s annual budget submission.
‘‘(4) Identification of any programs designed to
sustain essential technology and industrial capabili-
ties.’’.
(f) ENCOURAGEMENT
OF
TECHNOLOGY
TRANS-
FER.—Section 2514(c) of title 10, United States Code, is
amended by striking out paragraph (5).
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(g) MILITARY-CIVILIAN INTEGRATION
AND TECH-
NOLOGY TRANSFER ADVISORY BOARD.—Section 2516 of
title 10, United States Code, is amended—
(1) by striking out ‘‘National Defense Tech-
nology and Industrial Base Council’’ each place it
appears and inserting in lieu thereof in each in-
stance ‘‘Secretary of Defense’’; and
(2) by striking out ‘‘Council’’ each place it ap-
pears and inserting in lieu thereof in each instance
‘‘Secretary’’.
(h) NATIONAL DEFENSE MANUFACTURING TECH-
NOLOGY PROGRAM.—Section 2521 of title 10, United
States Code, is amended—
(1) by striking out subsection (b);
(2) by redesignating subsection (c) as sub-
section (b).
(i) CONFORMING
AMENDMENTS.—Sections 4218,
4219, and 4220 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C.
2501 note, 2505 note, and 2506 note) are repealed.
(j) CLERICAL AMENDMENTS.—The table of sections
at the beginning of Subchapter II of chapter 148 of title
10, United States Code, is amended—
(1) by amending the item relating to section
2506 to read as follows:
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‘‘2506. Department of Defense technology and industrial base policy and over-
sight.’’;
and
(2) by adding at the end the following new
item:
‘‘2508. Annual report to Congress.’’.
SEC. 1031. RESTORATION OF AUTHORITY FOR CERTAIN
INTRAGOVERNMENT 
TRANSFERS 
IN 
THE
BASE CLOSURE AND REALIGNMENT PROC-
ESS.
Section 204(b)(2 of the Defense Authorization
Amendments and Base Closure and Realignment Act of
1988 (Public Law 100–256; 10 U.S.C. 2687 note), is
amended—
(1) by redesignating subparagraphs (D) and
(E) as (E) and (F); and
(2) by inserting before subparagraph (E), as re-
designated, the following new subparagraph:
‘‘(D) The Secretary of Defense may trans-
fer real property or facilities located at a mili-
tary installation to be closed or realigned under
this part, with or without reimbursement, to a
military department or other entity (including a
nonappropriated fund instrumentality) within
the Department of Defense or the Coast
Guard.’’.
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SEC. 1032. CHEMICAL DEMILITARIZATION CITIZENS ADVI-
SORY COMMISSIONS.
Sections 172(b) and 172(f) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–
484; 106 Stat. 2341) are amended by striking out ‘‘(In-
stallations, Logistics and Environment)’’ and inserting in
lieu thereof ‘‘(Research, Development and Acquisition)’’.
SEC. 1033. TRANSFER OF EXCESS PERSONAL PROPERTY TO
SUPPORT LAW ENFORCEMENT AGENCIES.
Section 1208 of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note)
is amended by striking out subsection (c).
SEC. 1034. CONTROL OF TRANSPORTATION SYSTEMS IN
TIME OF WAR.
(a) TRANSFER
OF ARMY SECTION
TO GENERAL
MILITARY LAW SECTION AND SHIFT RESPONSIBILITY TO
SECRETARY
OF DEFENSE.—Section 4742 of title 10,
United States Code, is transferred to chapter 157, in-
serted at the end, redesignated as section 2643, and
amended by striking ‘‘the Secretary of the Army’’ insert-
ing in lieu thereof ‘‘the Secretary of Defense’’.
(b) CONFORMING REPEAL OF AIR FORCE PROVI-
SION.—Section 9742 of such title 10 is hereby repealed.
(c) CLERICAL AMENDMENTS.—(1) the table of sec-
tions at the beginning of chapter 447 of such title 10 is
amended by striking the item relating to section 4742.
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(2) The table of sections at the beginning of chapter
947 of such title 10 is amended by striking the item relat-
ing to section 9742.
(3) The tables of sections at the beginning of chapter
157 of such title 10 is amended by inserting after the item
relating to section 2642 the following new item:
‘‘2643. Control of transportation systems in time of war.’’.
SEC. 1035. REDESIGNATION OF OFFICE OF NAVAL RECORDS
AND HISTORY GIFT FUND TO NAVAL HISTORI-
CAL CENTER FUND.
Section 7222 of title 10, United States Code, is
amended—
(1) by striking out ‘‘Naval Records and History
gift fund’’ in the catchline for such section inserting
in lieu thereof ‘‘Naval Historical Center Fund’’; and
(2) by striking out in subsections (a) and (c)
‘‘Office of Naval Records and History’’ each place
such phrase occurs, and inserting in lieu thereof
‘‘Naval Historical Center’’.
SEC. 1036. TRANSPORTATION BY COMMISSARIES AND EX-
CHANGES TO OVERSEAS LOCATIONS.
(a) IN GENERAL.—Chapter 157 of title 10, United
States Code, is amended by repealing section 2643.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter 157 is amended by strik-
ing the following item:
‘‘2643. Commissary and exchange services: transportation overseas.’’.
SEC. 1037. AUTHORITY FOR THE SECRETARY OF DEFENSE
TO ENTER INTO COOPERATIVE AGREEMENTS
FOR THE MANAGEMENT OF CULTURAL RE-
SOURCES ON MILITARY INSTALLATIONS.
(a) Chapter 159 of title 10, United States Code is
amended by adding the following new section at the end:
‘‘§ 2694. Cooperative Agreements for the management
of cultural resources
‘‘(a) AUTHORITY.—The Secretary of Defense or the
Secretary of a Military Department may enter into cooper-
ative agreements with States, local governments, or other
entities upon such terms considered in the public interest
for the preservation, management, maintenance, research,
and improvement of cultural resources on military instal-
lations.
‘‘(b) CONTENT
OF AGREEMENTS.—A cooperative
agreement entered into under this section shall be subject
to the availability of funds and shall not be considered,
nor treated as, a cooperative agreement to which chapter
63 of title 31 applies, and shall not subject to section
1535, of such title, provide for the Secretary of Defense
and the other party or parties to the agreement.
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‘‘(c) DEFINITION.—For the purpose of this section,
the term ‘cultural resource’ means any building, structure,
site, district, and object eligible for or included in the Na-
tional Register of Historic Places (16 U.S.C. 470a); a cul-
tural item as defined by section 2(3) of the Native Amer-
ican Graves Protection and Repatriation Act (104 Stat.
3048); an archaeological resource as defined by section 3
of the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470bb(1)); and archaeological artifact collec-
tions and associated records as defined by section 79 of
title 36, Code of Federal Regulations 79.’’.
(b) The table of sections for such chapter is amended
by inserting after the item relating to section 2693 the
following new item:
‘‘2694. Cooperative Agreements for the management of cultural resources.’’.
SEC. 1038. MEDAL OF HONOR FOR AFRICAN AMERICAN
SOLDIERS WHO SERVED IN WORLD WAR II.
(a) INAPPLICABILITY OF TIME LIMITATIONS.—Not-
withstanding the time limitation in section 3744(b) of title
10, United States Code, or any other time limitation, the
President may award the Medal of Honor to each person
identified in subsection (b), each of whom distinguished
himself conspicuously by gallantry and intrepidity at the
risk of his life above and beyond the call of duty while
serving in the United States Army during World War II.
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(b) AFRICAN-AMERICANS TO RECEIVE THE MEDAL
OF HONOR.—
(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.
(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.
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Navy: Outside the United States
Country
Installation or Location
Total
Bahrain .................................
Administrative Support Unit, Bah-
rain.
$5,980,000
Greece ....................................
Naval Support Activity, Souda Bay
$7,050,000
Italy .......................................
Naval Air Station, Sigonella ............
$15,700,000
Naval Support Activity, Naples .......
$8,620,000
United Kingdom ....................
Joint 
Maritime 
Communications
Center, St. Mawgan.
$4,700,000
Grand Total ......................................
$42,050,000
SEC. 2202. FAMILY HOUSING.
(a) 
CONSTRUCITON
AND
ACQUISITION.—Using
amounts appropriated pursuant to the authorization of ap-
propriations in section 2204(a)(6)(A), the Secretary of the
Navy may construct or acquire family housing units (in-
cluding land acquisition) at the installations, for the pur-
poses, and in the amounts, set forth in the following table:
Navy: Family Housing
State
Installation or Loca-
tion
Purpose
Total
Arizona .........................
Marine Corps Air Sta-
tion, Yuma.
Support ...........
$709,000
California ......................
Marine Corps Base,
Camp Pendleton.
128 Units ........
$19,483,000
Naval Air Station,
Lemoore.
276 Units ........
$39,837,000
Navy Public Works
Center, San Diego.
366 Units ........
$48,719,000
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine
Palms.
Support ...........
$2,938,000
Hawaii ..........................
Marine Corps Air Sta-
tion, Kaneohe Bay.
54 Units ..........
$11,676,000
Navy Public Works
Center, Pearl Harbor.
264 Units ........
$52,586,000
Maryland ......................
Naval Air Warfare Cen-
ter, Patuxent River.
Support ...........
$1,233,000
North Carolina .............
Marine Corps Base,
Camp LeJeune.
Support ...........
$845,000
Virginia .........................
AEGIS Combat Sys-
tems Center, Wallops
Island.
20 Units ..........
$2,975,000
Naval Security Group
Activity, Northwest.
Support ...........
$741,000
Washington ...................
Naval Station, Everett
100 Units ........
$15,015,000
Naval Submarine Base,
Bangor.
Support ...........
$934,000
Grand Total ....
$197,691,000