142
HR 1530 EAS
Program shall be operated as a nonappropriated fund in-
strumentality of the United States within the Department
of Defense for the benefit of members of the armed forces
and for the promotion of rifle practice and firearms safety
among civilians.
‘‘(b) ADVISORY COMMITTEE.—(1) The Civilian Marks-
manship Program shall be under the general supervision
of an Advisory Committee for the Promotion of Rifle Prac-
tice and Firearms Safety, which shall replace the National
Board for the Promotion of Rifle Practice. The Advisory
Committee shall be appointed by the Secretary of the Army.
‘‘(2) Members of the Advisory Committee shall serve
without compensation, except that members shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, while away from their
homes or regular places of business in the performance of
Advisory Committee services.
‘‘(c) DIRECTOR.—The Secretary of the Army shall ap-
point a person to serve as Director of the Civilian Marks-
manship Program.
‘‘(d) FUNDING.—(1) The Advisory Committee and the
Director may solicit, accept, hold, use, and dispose of, in
furtherance of the activities of the Civilian Marksmanship
Program, donations of money, property, and services re-
143
HR 1530 EAS
ceived by gift, devise, bequest, or otherwise. Donations may
be accepted notwithstanding any legal restrictions otherwise
arising from procurement relationships of the donors with
the United States.
‘‘(2) All amounts collected under the Civilian Marks-
manship Program, including the proceeds from the sale of
arms, ammunition, targets, and other supplies and appli-
ances under section 4308 of this title, shall be credited to
the Civilian Marksmanship Program and shall be available
to carry out the Civilian Marksmanship Program. Amounts
collected by, and available to, the National Board for the
Promotion of Rifle Practice before the date of the enactment
of this section from sales programs and from fees in connec-
tion with competitions sponsored by that Board shall be
transferred to the nonappropriated funds account estab-
lished for the Civilian Marksmanship Program and shall
be available to carry out the Civilian Marksmanship Pro-
gram.
‘‘(3) Funds held on behalf of the Civilian Marksman-
ship Program shall not be construed to be Government or
public funds or appropriated funds and shall not be avail-
able to support other nonappropriated fund instrumental-
ities of the Department of Defense. Expenditures on behalf
of the Civilian Marksmanship Program, including com-
pensation and benefits for civilian employees, may not ex-
144
HR 1530 EAS
ceed $5,000,000 during any fiscal year. The approval of the
Advisory Committee shall be required for any expenditure
in excess of $50,000. Notwithstanding any other provision
of law, funds held on behalf of the Civilian Marksmanship
Program shall remain available until expended.
‘‘(e) INAPPLICABILITY
OF
ADVISORY
COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to the Advisory Committee.
‘‘(f) DEFINITIONS.—In this section and sections 4308
through 4313 of this title:
‘‘(1) The term ‘Civilian Marksmanship Program’
means the rifle practice and firearms safety program
carried out under section 4308 of this title and in-
cludes the National Matches and small-arms firing
schools referred to in section 4312 of this title.
‘‘(2) The term ‘Advisory Committee’ means the
Advisory Committee for the Promotion of Rifle Prac-
tice and Firearms Safety.
‘‘(3) The term ‘Director’ means the Director of
the Civilian Marksmanship Program.’’.
(b) ACTIVITIES.—Section 4308 of such title is amended
to read as follows:
145
HR 1530 EAS
‘‘§ 4308. Promotion of rifle practice and firearms safe-
ty: activities
‘‘(a) INSTRUCTION, SAFETY, AND COMPETITION PRO-
GRAMS.—(1) The Civilian Marksmanship Program shall
provide for—
‘‘(A) the operation and maintenance of indoor
and outdoor rifle ranges and their accessories and ap-
pliances;
‘‘(B) the instruction of citizens of the United
States in marksmanship, and the employment of nec-
essary instructors for that purpose;
‘‘(C) the promotion of safe and responsible prac-
tice in the use of rifled arms and the maintenance
and management of matches or competitions in the
use of those arms; and
‘‘(D) the award to competitors of trophies, prizes,
badges, and other insignia.
‘‘(2) In carrying out this subsection, the Civilian
Marksmanship Program shall give priority to activities
that benefit firearms safety training and competition for
youth and reach as many youth participants as possible.
‘‘(3) Before a person may participate in any activity
sponsored or supported by the Civilian Marksmanship Pro-
gram under this subsection, the person shall be required to
certify that the person has not violated any Federal or State
firearms laws.
146
HR 1530 EAS
‘‘(b) SALE AND ISSUANCE OF ARMS AND AMMUNI-
TION.—(1) The Civilian Marksmanship Program may
issue, without cost, the arms, ammunition (including cali-
ber .22 and caliber .30 ammunition), targets, and other
supplies and appliances necessary for activities conducted
under subsection (a). Issuance shall be made only to gun
clubs under the direction of the Director of the program that
provide training in the use of rifled arms to youth, the Jun-
ior Reserve Officers’ Training Corps, the Boy Scouts of
America, 4–H Clubs, Future Farmers of America, and other
youth-oriented organizations for training and competition.
‘‘(2) The Director of the Civilian Marksmanship Pro-
gram may sell at fair market value caliber .30 rifles and
accoutrements, caliber .22 rifles, and air rifles, and ammu-
nition for such rifles, to gun clubs that are under the direc-
tion of the Director and provide training in the use of rifled
arms. In lieu of sales, the Director may loan such rifles
to such gun clubs.
‘‘(3) The Director of the Civilian Marksmanship Pro-
gram may sell at fair market value small arms, ammuni-
tion, targets, and other supplies and appliances necessary
for target practice to citizens of the United States over 18
years of age who are members of a gun club under the direc-
tion of the Director.
147
HR 1530 EAS
‘‘(4) Before conveying any weapon or ammunition to
a person, whether by sale or lease, the Director shall provide
for a criminal records check of the person with appropriate
Federal and State law enforcement agencies.
‘‘(c) OTHER AUTHORITIES.—The Director shall pro-
vide for—
‘‘(1) the procurement of necessary supplies, ap-
pliances, trophies, prizes, badges, and other insignia,
clerical and other services, and labor to carry out the
Civilian Marksmanship Program; and
‘‘(2) the transportation of employees, instructors,
and civilians to give or to receive instruction or to as-
sist or engage in practice in the use of rifled arms,
and the transportation and subsistence, or an allow-
ance instead of subsistence, of members of teams au-
thorized by the Advisory Committee to participate in
matches or competitions in the use of rifled arms.
‘‘(d) FEES.—The Director, in consultation with the
Advisory Committee, may impose reasonable fees for per-
sons and gun clubs participating in any program or com-
petition conducted under the Civilian Marksmanship Pro-
gram for the promotion of rifle practice and firearms safety
among civilians.
‘‘(e) RECEIPT OF EXCESS ARMS AND AMMUNITION.—
(1) The Secretary of the Army shall reserve for the Civilian
148
HR 1530 EAS
Marksmanship Program all remaining M–1 Garand rifles,
accoutrements, and ammunition for such rifles, still held
by the Army. After the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1996, the Sec-
retary of the Army shall cease demilitarization of remain-
ing M–1 Garand rifles in the Army inventory unless such
rifles are determined to be irreparable.
‘‘(2) Transfers under this subsection shall be made
without cost to the Civilian Marksmanship Program, except
for the costs of transportation for the transferred small arms
and ammunition.
‘‘(f) PARTICIPATION CONDITIONS.—(1) All partici-
pants in the Civilian Marksmanship Program and activi-
ties sponsored or supported by the Advisory Committee shall
be required, as a condition of participation, to sign affida-
vits stating that—
‘‘(A) they have never been convicted of a firearms
violation under State or Federal law; and
‘‘(B) they are not members of any organization
which advocates the violent overthrow of the United
States Government.
‘‘(2) Any person found to have violated this subsection
shall be ineligible to participate in the Civilian Marksman-
ship Program and future activities.’’.
149
HR 1530 EAS
(c) PARTICIPATION
OF MEMBERS
OF
THE ARMED
FORCES
IN
INSTRUCTION
AND
COMPETITION.—Section
4310 of such title is amended to read as follows:
‘‘§ 4310. Rifle instruction and competitions: participa-
tion of members
‘‘The commander of a major command of the armed
forces may pay the personnel costs and travel and per diem
expenses of members of an active or reserve component of
the armed forces who participate in a competition spon-
sored by the Civilian Marksmanship Program or who pro-
vide instruction or other services in support of the Civilian
Marksmanship Program.’’.
(d) CONFORMING AMENDMENTS.—(1) Section 4312(a)
of such title is amended by striking out ‘‘as prescribed by
the Secretary of the Army’’ and inserting in lieu thereof
‘‘as part of the Civilian Marksmanship Program’’.
(2) Section 4313 of such title is amended—
(A) in subsection (a), by striking out ‘‘Secretary
of the Army’’ both places it appears and inserting in
lieu thereof ‘‘Advisory Committee’’; and
(B) in subsection (b), by striking out ‘‘Appro-
priated funds available for the Civilian Marksman-
ship Program (as defined in section 4308(e) of this
title) 
may’’ 
and 
inserting 
in 
lieu 
thereof
150
HR 1530 EAS
‘‘Nonappropriated funds available to the Civilian
Marksmanship Program shall’’.
(e) CLERICAL AMENDMENTS.—The table of sections at
the beginning of chapter 401 of such title is amended by
striking out the items relating to sections 4307, 4308, 4309,
and 4310 and inserting in lieu thereof the following new
items:
‘‘4307. Promotion of rifle practice and firearms safety: administration.
‘‘4308. Promotion of rifle practice and firearms safety: activities.
‘‘4309. Rifle ranges: availability for use by members and civilians.
‘‘4310. Rifle instruction and competitions: participation of members.’’.
(f) EFFECTIVE DATE.—The amendments made by this
section shall take effect on October 1, 1995.
SEC. 386. REPORT ON EFFORTS TO CONTRACT OUT CER-
TAIN FUNCTIONS OF DEPARTMENT OF DE-
FENSE.
Not later than March 1, 1996, the Secretary of Defense
shall submit to Congress a report describing the advantages
and disadvantages of using contractor personnel, rather
than civilian employees of the Department of Defense, to
perform functions of the Department that are not essential
to the warfighting mission of the Armed Forces. The report
shall specify all legislative and regulatory impediments to
contracting those functions for private performance.
SEC. 387. IMPACT AID.
(a) SPECIAL RULE FOR 1994 PAYMENTS.—The Sec-
retary of Education shall not consider any payment to a
151
HR 1530 EAS
local educational agency by the Department of Defense, that
is available to such agency for current expenditures and
used for capital expenses, as funds available to such agency
for purposes of making a determination for fiscal year 1994
under section 3(d)(2)(B)(i) of the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such Act was in effect
on September 30, 1994).
(b) PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.—Subsection (f) of section 8003 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703) is amended—
(1) in paragraph (2)—
(A) in the matter preceding clause (i) of
subparagraph (A), by striking ‘‘only if such
agency’’ and inserting ‘‘if such agency is eligible
for a supplementary payment in accordance
with subparagraph (B) or such agency’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(C) A local educational agency shall only
be eligible to receive additional assistance under
this subsection if the Secretary determines that—
‘‘(i) such agency is exercising due dili-
gence in availing itself of State and other
financial assistance; and
152
HR 1530 EAS
‘‘(ii) the eligibility of such agency
under State law for State aid with respect
to the free public education of children de-
scribed in subsection (a)(1) and the amount
of such aid are determined on a basis no
less favorable to such agency than the basis
used in determining the eligibility of local
educational agencies for State aid, and the
amount of such aid, with respect to the free
public education of other children in the
State.’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by inserting ‘‘(other than any amount re-
ceived under paragraph (2)(B))’’ after ‘‘sub-
section’’;
(ii) in subclause (I) of clause (i), by
striking ‘‘or the average per-pupil expendi-
ture of all the States’’;
(iii) by amending clause (ii) to read as
follows:
‘‘(ii) The Secretary shall next multiply
the amount determined under clause (i) by
the total number of students in average
153
HR 1530 EAS
daily attendance at the schools of the local
educational agency.’’; and
(iv) by amending clause (iii) to read
as follows:
‘‘(iii) The Secretary shall next subtract
from the amount determined under clause
(ii) all funds available to the local edu-
cational agency for current expenditures,
but shall not so subtract funds provided—
‘‘(I) under this Act; or
‘‘(II) by any department or agen-
cy of the Federal Government (other
than the Department) that are used for
capital expenses.’’; and
(B) by amending subparagraph (B) to read
as follows:
‘‘(B) SPECIAL RULE.—With respect to pay-
ments under this subsection for a fiscal year for
a local educational agency described in clause
(ii) or (iii) of paragraph (2)(A), the maximum
amount of payments under this subsection shall
be equal to—
‘‘(i) the product of—
‘‘(I) the average per-pupil expend-
iture in all States multiplied by 0.7,
156
HR 1530 EAS
bers of the Armed Forces to obtain certification and
employment as teachers or employment as teachers’
aides established under section 1151 of such title.
SEC. 389. AUTHORIZING THE AMOUNTS REQUESTED IN THE
BUDGET FOR JUNIOR ROTC.
(a) There is hereby authorized to be appropriated
$12,295,000 to fully fund the budget request for the Junior
Reserve Officer Training Corps programs of the Army,
Navy, Air Force, and Marine Corps. Such amount is in
addition to the amount otherwise available for such pro-
grams under section 301.
(b) The amount authorized to be appropriated by sec-
tion 101(4) is hereby reduced by $12,295,000.
SEC. 390. REPORT ON PRIVATE PERFORMANCE OF CERTAIN
FUNCTIONS PERFORMED BY MILITARY AIR-
CRAFT.
(a) REPORT REQUIRED.—Not later than May 1, 1996,
the Secretary of Defense shall submit to Congress a report
on the feasibility, including the costs and benefits, of using
private sources for satisfying, in whole or in part, the re-
quirements of the Department of Defense for VIP transpor-
tation by air, airlift for other personnel and for cargo, in-
flight refueling of aircraft, and performance of such other
military aircraft functions as the Secretary considers ap-
propriate to discuss in the report.
157
HR 1530 EAS
(b) CONTENT OF REPORT.—The report shall include
a discussion of the following:
(1) Contracting for the performance of the func-
tions referred to in subsection (a).
(2) Converting to private ownership and oper-
ation the Department of Defense VIP air fleets, per-
sonnel and cargo aircraft, and in-flight refueling air-
craft, and other Department of Defense aircraft.
(3) The wartime requirements for the various
VIP and transport fleets.
(4) The assumptions used in the cost-benefit
analysis.
(5) The effect on military personnel and facili-
ties of using private sources, as described in para-
graphs (1) and (2), for the purposes described in sub-
section (a).
SEC. 391. ALLEGANY BALLISTICS LABORATORY.
Of the amount authorized to be appropriated under
section 301(2), $2,000,000 shall be available for the Alle-
gany Ballistics Laboratory for essential safety functions.
SEC. 392. ENCOURAGEMENT OF USE OF LEASING AUTHOR-
ITY.
(a) IN GENERAL.—(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2316 the
following new section:
158
HR 1530 EAS
‘‘§ 2317. Equipment Leasing
‘‘The Secretary of Defense is authorized to use leasing
in the acquisition of commercial vehicles when such leasing
is practicable and efficient.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘2317. Equipment leasing.’’.
(b) REPORT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of Defense shall sub-
mit a report to the congressional defense committees setting
forth changes in legislation that would be required to facili-
tate the use of leases by the Department of Defense in the
acquisition of equipment.
(c) PILOT PROGRAM.—The Secretary of the Army may
conduct a pilot program for leasing of commercial utility
cargo vehicles as follows:
(1) Existing commercial utility cargo vehicles
may be traded in for credit against new replacement
commercial utility cargo vehicle lease costs;
(2) Quantities of commercial utility cargo vehi-
cles to be traded in and their value to be credited
shall be subject to negotiation between the parties;
(3) New commercial utility cargo vehicle lease
agreements may be executed with or without options
to purchase at the end of each lease period;
159
HR 1530 EAS
(4) New commercial utility cargo vehicle lease
periods may not exceed five years;
(5) Such leasing pilot program shall consist of
replacing no more than forty percent of the validated
requirement for commercial utility cargo vehicles, but
may include an option or options for the remaining
validated requirement which may be executed subject
to the requirements of subsection (c)(7);
(6) The Army shall enter into such pilot pro-
gram only if the Secretary—
(A) awards such program in accordance
with the provisions of section 2304 of title 10,
United States Code;
(B) has notified the congressional defense
committees of his plans to execute the pilot pro-
gram;
(C) has provided a report detailing the ex-
pected savings in operating and support costs
from retiring older commercial utility cargo ve-
hicles compared to the expected costs of leasing
newer commercial utility cargo vehicles; and
(D) has allowed 30 calendar days to elapse
after such notification.
(7) One year after the date of execution of an
initial leasing contract, the Secretary of the Army
160
HR 1530 EAS
shall submit a report setting forth the status of the
pilot program. Such report shall be based upon at
least six months of operating experience. The Sec-
retary may exercise an option or options for subse-
quent commercial utility cargo vehicles only after he
has allowed 60 calendar days to elapse after submit-
ting this report.
(8) EXPIRATION
OF AUTHORITY.—No lease of
commercial utility cargo vehicles may be entered into
under the pilot program after September 30, 2000.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) FISCAL YEAR 1996.—The Armed Forces are au-
thorized strengths for active duty personnel as of September
30, 1996, as follows:
(1) The Army, 495,000, of which not more than
81,300 may be commissioned officers.
(2) The Navy, 428,340, of which not more than
58,870 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not
more than 17,978 may be commissioned officers.
(4) The Air Force, 388,200, of which not more
than 75,928 may be commissioned officers.
161
HR 1530 EAS
(b) FISCAL YEAR 1997.—The Armed Forces are au-
thorized strengths for active duty personnel as of September
30, 1997, as follows:
(1) The Army, 495,000, of which not more than
80,312 may be commissioned officers.
(2) The Navy, 409,740, of which not more than
56,615 may be commissioned officers.
(3) The Marine Corps, 174,000, of which not
more than 17,978 may be commissioned officers.
(4) The Air Force, 385,400, of which not more
than 76,494 may be commissioned officers.
SEC. 402. TEMPORARY VARIATION IN DOPMA AUTHORIZED
END STRENGTH LIMITATIONS FOR ACTIVE
DUTY AIR FORCE AND NAVY OFFICERS IN
CERTAIN GRADES.
(a) AIR FORCE OFFICERS.—(1) In the administration
of the limitation under section 523(a)(1) of title 10, United
States Code, for fiscal years 1996 and 1997, the numbers
applicable to officers of the Air Force serving on active duty
in the grades of major, lieutenant colonel, and colonel shall
be the numbers set forth for that fiscal year in paragraph
(2) (rather than the numbers determined in accordance with
the table in that section).
(2) The numbers referred to in paragraph (1) are as
follows:
162
HR 1530 EAS
Fiscal year:
Number of officers who may be serving on active duty in the grade
of:
Major
Lieutenant colonel
Colonel
1996 ..........................
15,566
9,876
3,609
1997 ..........................
15,645
9,913
3,627
(b) NAVY OFFICERS.—(1) In the administration of the
limitation under section 523(a)(2) of title 10, United States
Code, for fiscal years 1996 and 1997, the numbers applica-
ble to officers of the Navy serving on active duty in the
grades of lieutenant commander, commander, and captain
shall be the numbers set forth for that fiscal year in para-
graph (2) (rather than the numbers determined in accord-
ance with the table in that section).
(2) The numbers referred to in paragraph (1) are as
follows:
Fiscal year:
Number of officers who may be serving on active duty in the grade
of:
Lieutenant com-
mander
Commander
Captain
1996 ..........................
11,924
7,390
3,234
1997 ..........................
11,732
7,297
3,188
SEC. 403. CERTAIN GENERAL AND FLAG OFFICERS AWAIT-
ING RETIREMENT NOT TO BE COUNTED.
(a) DISTRIBUTION OF OFFICERS ON ACTIVE DUTY IN
GENERAL AND FLAG OFFICER GRADES.—Section 525 of
title 10, United States Code, is amended by adding at the
end the following:
‘‘(d) An officer continuing to hold the grade of general
or admiral under section 601(b)(4) of this title after relief
163
HR 1530 EAS
from the position of Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, or Commandant of the Marine
Corps shall not be counted for purposes of this section.’’.
(b) NUMBER OF OFFICERS ON ACTIVE DUTY IN GRADE
OF GENERAL OR ADMIRAL.—Section 528(b) of title 10,
United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following:
‘‘(2) An officer continuing to hold the grade of general
or admiral under section 601(b)(4) of this title after relief
from the position of Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, or Commandant of the Marine
Corps shall not be counted for purposes of this section.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) FISCAL YEAR 1996.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the re-
serve components as of September 30, 1996, as follows:
(1) The Army National Guard of the United
States, 373,000.
(2) The Army Reserve, 230,000.
(3) The Naval Reserve, 98,894.
(4) The Marine Corps Reserve, 42,274.
164
HR 1530 EAS
(5) The Air National Guard of the United
States, 112,707.
(6) The Air Force Reserve, 73,969.
(7) The Coast Guard Reserve, 8,000.
(b) FISCAL YEAR 1997.—The Armed Forces are au-
thorized strengths for Selected Reserve personnel of the re-
serve components as of September 30, 1997, as follows:
(1) The Army National Guard of the United
States, 367,000.
(2) The Army Reserve, 215,000.
(3) The Naval Reserve, 96,694.
(4) The Marine Corps Reserve, 42,682.
(5) The Air National Guard of the United
States, 107,151.
(6) The Air Force Reserve, 73,160.
(7) The Coast Guard Reserve, 8,000.
(c) WAIVER AUTHORITY.—The Secretary of Defense
may vary the end strength authorized by subsection (a) or
subsection (b) by not more than 2 percent.
(d) ADJUSTMENTS.—The end strengths prescribed by
subsection (a) or (b) for the Selected Reserve of any reserve
component for a fiscal year shall be proportionately reduced
by—
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such
165
HR 1530 EAS
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 Re-
serve of such reserve component shall be proportionately in-
creased by the total authorized strengths of such units and
by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) FISCAL YEAR 1996.—Within the end strengths pre-
scribed in section 411(a), the reserve components of the
Armed Forces are authorized, as of September 30, 1996, the
following number of Reserves to be serving on full-time ac-
tive duty or, in the case of members of the National Guard,
full-time National Guard duty for the purpose of organiz-
ing, administering, recruiting, instructing, or training the
reserve components:
166
HR 1530 EAS
(1) The Army National Guard of the United
States, 23,390.
(2) The Army Reserve, 11,575.
(3) The Naval Reserve, 17,587.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United
States, 10,066.
(6) The Air Force Reserve, 628.
(b) FISCAL YEAR 1997.—Within the end strengths pre-
scribed in section 411(b), the reserve components of the
Armed Forces are authorized, as of September 30, 1997, the
following number of Reserves to be serving on full-time ac-
tive duty or, in the case of members of the National Guard,
full-time National Guard duty for the purpose of organiz-
ing, administering, recruiting, instructing, or training the
reserve components:
(1) The Army National Guard of the United
States, 23,040.
(2) The Army Reserve, 11,550.
(3) The Naval Reserve, 17,171.
(4) The Marine Corps Reserve, 2,976.
(5) The Air National Guard of the United
States, 9,824.
(6) The Air Force Reserve, 625.
167
HR 1530 EAS
SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN
GRADES AUTHORIZED TO SERVE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS.—The table at the end of section
12011(a) of title 10, United States Code, is amended to read
as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
Major or Lieutenant Commander ................
3,219
1,071
643
140
Lieutenant Colonel or Commander ..............
1,524
520
672
Colonel or Navy Captain ..............................
412
188
274
30’’.
(b) SENIOR ENLISTED MEMBERS.—The table at the
end of section 12012(a) of such title is amended to read
as follows:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 .................................................................
603
202
366
E–8 .................................................................
2,585
429
890
94’’.
SEC. 414. RESERVES ON ACTIVE DUTY IN SUPPORT OF CO-
OPERATIVE THREAT REDUCTION PROGRAMS
NOT TO BE COUNTED.
Section 115(d) of title 10, United States Code, is
amended by adding at the end the following:
‘‘(8) Members of the Selected Reserve of the
Ready Reserve on active duty for more that 180 days
to support programs described in section 1203(b) of
the Cooperative Threat Reduction Act of 1993 (title
168
HR 1530 EAS
XII of Public Law 103–160; 107 Stat. 1778; 22
U.S.C. 5952(b)).’’.
SEC. 415. RESERVES ON ACTIVE DUTY FOR MILITARY-TO-
MILITARY CONTACTS AND COMPARABLE AC-
TIVITIES NOT TO BE COUNTED.
Section 168 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection (f):
‘‘(f) ACTIVE DUTY END STRENGTHS.—(1) A member
of a reserve component referred to in paragraph (2) shall
not be counted for purposes of the following personnel
strength limitations:
‘‘(A) The end strength for active-duty personnel
authorized pursuant to section 115(a)(1) of this title
for the fiscal year in which the member carries out
the activities referred to in paragraph (2).
‘‘(B) The authorized daily average for members
in pay grades E–8 and E–9 under section 517 of this
title for the calendar year in which the member car-
ries out such activities.
169
HR 1530 EAS
‘‘(C) The authorized strengths for commissioned
officers under section 523 of this title for the fiscal
year in which the member carries out such activities.
‘‘(2) A member of a reserve component referred to in
paragraph (1) is any member on active duty under an
order to active duty for 180 days or more who is engaged
in activities authorized under this section.’’.
Subtitle C—Military Training
Student Loads
SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.
(a) FISCAL YEAR 1996.—For fiscal year 1996, the
Armed Forces are authorized average military training stu-
dent loads as follows:
(1) The Army, 75,013.
(2) The Navy, 44,238.
(3) The Marine Corps, 26,095.
(4) The Air Force, 33,232.
(b) FISCAL YEAR 1997.—For fiscal year 1997, the
Armed Forces are authorized average military training stu-
dent loads as follows:
(1) The Army, 79,275.
(2) The Navy, 44,121.
(3) The Marine Corps, 27,255.
(4) The Air Force, 35,522.
170
HR 1530 EAS
(c) SCOPE.—The average military training student
load authorized for an armed force for a fiscal year under
subsection (a) or (b) applies to the active and reserve com-
ponents of that armed force for that fiscal year.
(d) ADJUSTMENTS.—The average military training
student load authorized for a fiscal year in subsection (a)
or (b) shall be adjusted consistent with the end strengths
authorized for that fiscal year in subtitles A and B. The
Secretary of Defense shall prescribe the manner in which
such adjustments shall be apportioned.
Subtitle D—Authorization of
Appropriations
SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI-
TARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
1996 a total of $68,896,863,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 1996.
171
HR 1530 EAS
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
SEC. 501. JOINT OFFICER MANAGEMENT.
(a) CRITICAL JOINT DUTY ASSIGNMENT POSITIONS.—
Section 661(d)(2)(A) of title 10, United States Code, is
amended by striking out ‘‘1,000’’ and inserting in lieu
thereof ‘‘500’’.
(b) ADDITIONAL QUALIFYING JOINT SERVICE.—Sec-
tion 664 of such title is amended by adding at the end the
following:
‘‘(i) JOINT DUTY CREDIT FOR CERTAIN JOINT TASK
FORCE ASSIGNMENTS.—(1) The Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
may credit an officer with having completed a full tour of
duty in a joint duty assignment upon the officer’s comple-
tion of service described in paragraph (2) or may grant
credit for such service for purposes of determining the cu-
mulative service of the officer in joint duty assignments.
The credit for such service may be granted without regard
to the length of the service (except as provided in regulations
pursuant to subparagraphs (A) and (B) of paragraph (4))
and without regard to whether the assignment in which the
service was performed is a joint duty assignment as defined
in regulations pursuant to section 668 of this title.
172
HR 1530 EAS
‘‘(2) Service performed by an officer in a temporary
assignment on a joint task force or a multinational force
headquarters staff may be considered for credit under para-
graph (1) if—
‘‘(A) the Secretary of Defense determines that the
service in that assignment provided significant expe-
rience in joint matters;
‘‘(B) any portion of the service in that assign-
ment was performed on or after the date of the enact-
ment of the National Defense Authorization Act for
Fiscal Year 1996; and
‘‘(C) the officer is recommended for such credit
by the Chief of Staff of the Army (for an officer in
the Army), the Chief of Naval Operations (for an offi-
cer in the Navy), the Chief of Staff of the Air Force
(for an officer in the Air Force), or the Commandant
of the Marine Corps (for an officer in the Marine
Corps).
‘‘(3) Credit shall be granted under paragraph (1) on
a case-by-case basis.
‘‘(4) The Secretary of Defense shall prescribe uniform
criteria for determining whether to grant an officer credit
under paragraph (1). The criteria shall include the follow-
ing:
173
HR 1530 EAS
‘‘(A) For an officer to be credited as having com-
pleted a full tour of duty in a joint duty assignment,
the officer accumulated at least 24 months of service
in a temporary assignment referred to in paragraph
(2).
‘‘(B) For an officer to be credited with service in
a joint duty assignment for purposes of determining
cumulative service in joint duty assignments, the offi-
cer accumulated at least 30 consecutive days of service
or 60 days of total service in a temporary assignment
referred to in paragraph (2).
‘‘(C) The service was performed in support of a
mission that was directed by the President or was as-
signed by the President to United States forces in the
joint task force or multinational force involved.
‘‘(D) The joint task force or multinational force
involved was constituted or designated by the Sec-
retary of Defense, by a commander of a combatant
command or of another force, or by a multinational
or United Nations command authority.
‘‘(E) The joint task force or multinational force
involved conducted military combat or combat-related
operations or military operations other than war in
a unified action under joint, multinational, or United
Nations command and control.
174
HR 1530 EAS
‘‘(5) Officers for whom joint duty credit is granted
pursuant to this subsection shall not be taken into account
for the purposes of section 661(d)(1) of this title, subsections
(a)(3) and (b) of section 662 of this title, section 664(a)
of this title, or paragraph (7), (8), (9), (11), or (12) of sec-
tion 667 of this title.
‘‘(6) In the case of an officer credited with having com-
pleted a full tour of duty in a joint duty assignment pursu-
ant to this subsection, the Secretary of Defense may waive
the requirement in paragraph (1)(B) of section 661(c) of
this title that the tour of duty in a joint duty assignment
be performed after the officer completes a program of edu-
cation referred to in paragraph (1)(A) of that section.’’.
(c) INFORMATION IN ANNUAL REPORT.—Section 667
of such title is amended—
(1) by redesignating paragraph (18) as para-
graph (19); and
(2) by inserting after paragraph (17) the follow-
ing new paragraph (18):
‘‘(18) The number of officers granted credit for
service in joint duty assignments under section 664(i)
of this title and—
‘‘(A) of those officers—
175
HR 1530 EAS
‘‘(i) the number of officers credited
with having completed a tour of duty in a
joint duty assignment; and
‘‘(ii) the number of officers granted
credit for purposes of determining cumu-
lative service in joint duty assignments;
and
‘‘(B) the identity of each operation for
which an officer has been granted credit pursu-
ant to section 664(i) of this title and a brief de-
scription of the mission of the operation.’’.
(d) GENERAL AND FLAG OFFICER EXEMPTION FROM
WAIVER LIMITS.—Section 661(c)(3)(D) of such title is
amended by inserting ‘‘, other than for general or flag offi-
cers,’’ in the third sentence after ‘‘during any fiscal year’’.
(e) LENGTH OF SECOND JOINT TOUR.—Section 664
of such title is amended—
(1) in subsection (e)(2), by inserting after sub-
paragraph (B) the following:
‘‘(C) Service described in subsection (f)(6), except
that no more than 10 percent of all joint duty assign-
ments shown on the list published pursuant to section
668(b)(2)(A) of this title may be so excluded in any
year.’’; and
(2) in subsection (f)—
176
HR 1530 EAS
(A) by striking out ‘‘or’’ at the end of para-
graph (4);
(B) by striking out the period at the end of
paragraph (5) and inserting in lieu thereof ‘‘;
or’’; and
(C) by adding at the end the following:
‘‘(6) a second joint duty assignment that is less
than the period required under subsection (a), but not
less than 2 years, without regard to whether a waiver
was granted for such assignment under subsection
(b).’’.
SEC. 502. REVISION OF SERVICE OBLIGATION FOR GRAD-
UATES OF THE SERVICE ACADEMIES.
(a) MILITARY ACADEMY.—Section 4348(a)(2)(B) of
such title is amended by striking out ‘‘six years’’ and insert-
ing in lieu thereof ‘‘five years’’.
(b) NAVAL ACADEMY.—Section 6959(a)(2)(B) of such
title is amended by striking out ‘‘six years’’ and inserting
in lieu thereof ‘‘five years’’.
(c) AIR FORCE ACADEMY.—Section 9348(a)(2)(B) of
such title is amended by striking out ‘‘six years’’ and insert-
ing in lieu thereof ‘‘five years’’.
(d) REQUIREMENT FOR REVIEW AND REPORT.—Not
later than April 1, 1996, the Secretary of Defense shall—
177
HR 1530 EAS
(1) review the effects that each of various periods
of obligated active duty service for graduates of the
United States Military Academy, the United States
Naval Academy, and the United States Air Force
Academy would have on the number and quality of
the eligible and qualified applicants seeking appoint-
ment to such academies; and
(2) submit to the Committee on Armed Services
of the Senate and the Committee on National Secu-
rity of the House of Representatives a report on the
Secretary’s findings together with any recommended
legislation regarding the minimum periods of obli-
gated active duty service for graduates of the United
States Military Academy, the United States Naval
Academy, and the United States Air Force Academy.
(e) EFFECTIVE DATE.—(1) The amendments made by
this section shall apply to persons who are first admitted
to military service academies after December 31, 1991.
(2) Section 511(e) of the National Defense Authoriza-
tion Act for Fiscal Years 1990 and 1991 (Public Law 101–
189; 103 Stat. 1439; 10 U.S.C. 2114 note) is amended—
(A) by striking out ‘‘amendments made by this
section’’ and inserting in lieu thereof ‘‘amendment
made by subsection (a)’’; and
178
HR 1530 EAS
(B) by striking out ‘‘or one of the service acad-
emies’’.
SEC. 503. QUALIFICATIONS FOR APPOINTMENT AS SUR-
GEON GENERAL OF AN ARMED FORCE.
(a) SURGEON GENERAL OF THE ARMY.—Section 3036
of title 10, United States Code, is amended—
(1) in subsection (b), by inserting after the third
sentence the following: ‘‘The Surgeon General shall be
appointed as prescribed in subsection (f).’’; and
(2) by adding at the end the following new sub-
section (f):
‘‘(f) The President shall appoint the Surgeon General
from among commissioned officers in any corps of the Army
Medical Department who are educationally and profes-
sionally qualified to furnish health care to other persons,
including doctors of medicine, dentistry, and osteopathy,
nurses, and clinical psychologists.’’.
(b) SURGEON GENERAL OF THE NAVY.—Section 5137
of title 10, United States Code, is amended—
(1) in the first sentence of subsection (a), by
striking out ‘‘in the Medical Corps’’ and inserting in
lieu thereof ‘‘who are educationally and professionally
qualified to furnish health care to other persons, in-
cluding doctors of medicine, dentistry, and osteop-
athy, nurses, and clinical psychologists’’; and
179
HR 1530 EAS
(2) in subsection (b), by striking out ‘‘in the
Medical Corps’’ and inserting in lieu thereof ‘‘who is
qualified to be the Chief of the Bureau of Medicine
and Surgery’’.
(c) SURGEON GENERAL OF THE AIR FORCE.—The
first sentence of section 8036 of title 10, United States Code,
is amended by striking out ‘‘designated as medical officers
under section 8067(a) of this title’’ and inserting in lieu
thereof ‘‘educationally and professionally qualified to fur-
nish health care to other persons, including doctors of medi-
cine, dentistry, and osteopathy, nurses, and clinical
psychologists’’.
SEC. 504. DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR
FORCE.
(a) TENURE AND GRADE OF DEPUTY JUDGE ADVO-
CATE GENERAL.—Section 8037(d)(1) of such title is amend-
ed—
(1) by striking out ‘‘two years’’ in the second
sentence and inserting in lieu thereof ‘‘four years’’,
and
(2) by striking out the last sentence and insert-
ing in lieu thereof the following: ‘‘An officer ap-
pointed as Deputy Judge Advocate General who holds
a lower regular grade shall be appointed in the regu-
lar grade of major general.’’.
188
HR 1530 EAS
‘‘(5) The term ‘Department’ means the Depart-
ment of Defense.
‘‘(6) The term ‘Board of Actuaries’ means the
Department of Defense Education Benefits Board of
Actuaries referred to in section 2006(e)(1) of this title.
‘‘(7) The term ‘Fund’ means the Department of
Defense Ready Reserve Income Insurance Fund estab-
lished by section 12528(a) of this title.
‘‘§ 12522. Establishment of insurance program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
for members of the Ready Reserve an insurance program
to be known as the ‘Department of Defense Ready Reserve
Income Insurance Program’.
‘‘(b) ADMINISTRATION.—The insurance program shall
be administered by the Secretary. The Secretary may pre-
scribe in regulations such rules, procedures, and policies as
the Secretary considers necessary or appropriate to carry
out the insurance program.
‘‘§ 12523. Risk insured
‘‘(a) IN GENERAL.—The insurance program shall in-
sure members of the Ready Reserve against the risk of being
ordered into covered service.
‘‘(b) ENTITLEMENT TO BENEFITS.—(1) An insured
member ordered into covered service shall be entitled to pay-
ment of a benefit for each month (and fraction thereof) of