H. R. 1119—67
capabilities necessary to support fully the strategic and contingency
plans referred to in paragraph (3).
‘‘(5) The commercial items covered by paragraph (3) are
commercial items that have been sold or leased in substantial
quantities to the general public and are purchased without modifica-
tion in the same form that they are sold in the commercial market-
place, or with minor modifications to meet Federal Government
requirements.
‘‘(b) LIMITATION ON CONTRACTING.—(1) Except as provided in
paragraph (2), performance of workload needed to maintain a logis-
tics capability identified by the Secretary under subsection (a)(2)
may not be contracted for performance by non-Government person-
nel under the procedures and requirements of Office of Management
and Budget Circular A–76 or any successor administrative regula-
tion or policy (hereinafter in this section referred to as OMB Cir-
cular A–76).
‘‘(2) The Secretary of Defense may waive paragraph (1) in
the case of any such logistics capability and provide that perform-
ance of the workload needed to maintain that capability shall be
considered for conversion to contractor performance in accordance
with OMB Circular A–76. Any such waiver shall be made under
regulations prescribed by the Secretary and shall be based on
a determination by the Secretary that Government performance
of the workload is no longer required for national defense reasons.
Such regulations shall include criteria for determining whether
Government performance of any such workload is no longer required
for national defense reasons.
‘‘(3)(A) A waiver under paragraph (2) may not take effect until
the expiration of the first period of 30 days of continuous session
of Congress that begins on or after the date on which the Secretary
submits a report on the waiver to the Committee on Armed Services
and the Committee on Appropriations of the Senate and the
Committee on National Security and the Committee on Appropria-
tions of the House of Representatives.
‘‘(B) For the purposes of subparagraph (A)—
‘‘(i) continuity of session is broken only by an adjournment
of Congress sine die; and
‘‘(ii) the days on which either House is not in session
because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of time
in which Congress is in continuous session.’’.
(b) CLERICAL AMENDMENT.—The item relating to such section
at the beginning of chapter 146 of such title is amended to read
as follows:
‘‘2464. Core logistics capabilities.’’.
SEC. 357. INCREASE IN PERCENTAGE OF DEPOT-LEVEL MAINTENANCE
AND REPAIR THAT MAY BE CONTRACTED FOR PERFORM-
ANCE BY NON-GOVERNMENT PERSONNEL.
Section 2466(a) of title 10, United States Code, is amended
by striking out ‘‘40 percent’’ and inserting in lieu thereof ‘‘50
percent’’.
SEC. 358. ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND
REPAIR.
Subsection (e) of section 2466 of title 10, United States Code,
is amended to read as follows:
H. R. 1119—68
‘‘(e) REPORT.—(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying,
for each military department and Defense Agency, the percentage
of the funds referred to in subsection (a) that were expended during
the preceding fiscal year for performance of depot-level maintenance
and repair workloads by the public and private sectors as required
by section 2466 of this title.
‘‘(2) Not later than 90 days after the date on which the Secretary
submits the annual report under paragraph (1), the Comptroller
General shall submit to Congress the Comptroller General’s views
on whether the Department of Defense has complied with the
requirements of subsection (a) for the fiscal year covered by the
report.’’.
SEC. 359. REQUIREMENT FOR USE OF COMPETITIVE PROCEDURES IN
CONTRACTING FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS FORMERLY
PERFORMED AT CLOSED OR REALIGNED MILITARY
INSTALLATIONS.
(a) APPLICATION TO CERTAIN WORKLOADS.—(1) Chapter 146
of title 10, United States Code, is amended by inserting after
section 2469 the following new section:
‘‘§ 2469a. Use of competitive procedures in contracting for
performance of depot-level maintenance and
repair workloads formerly performed at certain
military installations
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘closed or realigned military installation’
means a military installation where a depot-level maintenance
and repair facility was approved in 1995 for closure or realign-
ment under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note).
‘‘(2) The term ‘military installation’ includes a former mili-
tary installation that was a military installation when it was
approved in 1995 for closure or realignment under the Defense
Base Closure and Realignment Act of 1990 and that has been
closed or realigned under the Act.
‘‘(3) The terms ‘realignment’ and ‘realigned’ mean a decision
under the Defense Base Closure and Realignment Act of 1990
that results in both a reduction and relocation of functions
and civilian personnel positions.
‘‘(b) COVERED DEPOT-LEVEL MAINTENANCE AND REPAIR WORK-
LOADS.—Except as provided in subsection (c), this section applies
with respect to any depot-level maintenance and repair workload
that—
‘‘(1) was performed as of January 1, 1997, at a military
installation that was approved in 1995 for closure or realign-
ment under the Defense Base Closure and Realignment Act
of 1990 and that has been closed or realigned under the Act;
and
‘‘(2) is proposed to be converted from performance by
Department of Defense personnel to performance by a private
sector source.
‘‘(c) EXCEPTIONS.—This section shall not apply with respect
to—
H. R. 1119—69
‘‘(1) a depot-level maintenance and repair workload that
is to be consolidated to another military installation (other
than a closed or realigned military installation) as a result
of a base closure or realignment action or a decision made
by the Secretary concerned or the Defense Depot Maintenance
Council;
‘‘(2) a workload necessary to maintain a core logistics
capability identified under section 2464 of this title; or
‘‘(3) any contract originally entered into before the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998.
‘‘(d) CONDITIONS
AND SOLICITATION.—A solicitation of offers
for the performance of any depot-level maintenance and repair
workload described in subsection (b) may be issued, and a contract
may be awarded pursuant to such a solicitation, only if the following
conditions are met with respect to the contract and the solicitation
specifically states the conditions:
‘‘(1) The source selection process used in the case of the
solicitation and contract permits the consideration of offers
submitted by private sector sources and offers submitted by
public sector sources.
‘‘(2) The source selection process used in the case of the
solicitation and contract requires that, in the comparison of
offers, there be taken into account—
‘‘(A) the fair market value (or if fair market value
cannot be determined, the estimated book value) of any
land, plant, or equipment from a military installation that
is proposed by a private offeror to be used to meet a
specific workload (whether these assets are provided to
the offeror by a local redevelopment authority or by any
other source approved by an official of the Department
of Defense); and
‘‘(B) the total estimated direct and indirect costs that
will be incurred by the Department of Defense and the
total estimated direct and indirect savings (including over-
head) that will be derived by the Department of Defense.
‘‘(3) The cost standards used to determine the depreciation
of facilities and equipment shall, to the maximum extent prac-
ticable, provide identical treatment to all public and private
sector offerors.
‘‘(4) Any offeror, whether public or private, may offer to
perform the workload at any location or locations selected by
the offeror and to team with any other public or private entity
to perform that workload at one or more locations, including
a Center of Industrial and Technical Excellence designated
under section 2474 of this title.
‘‘(5) No offeror may be given any preferential consideration
for, or in any way be limited to, performing the workload
in-place or at any other single location.
‘‘(e) CONTRACTS FOR MULTIPLE WORKLOADS.—(1) A solicitation
may be issued for a single contract for the performance of multiple
depot-level maintenance and repair workloads described in sub-
section (b) only if—
‘‘(A) the Secretary of Defense determines in writing that
the individual workloads cannot as logically and economically
H. R. 1119—70
be performed without combination by sources that are poten-
tially qualified to submit an offer and to be awarded a contract
to perform those individual workloads;
‘‘(B) the Secretary submits to Congress a report setting
forth the determination together with the reasons for the deter-
mination; and
‘‘(C) the solicitation of offers for the contract is issued
more than 60 days after the date on which the Secretary
submits the report.
‘‘(2) The Comptroller General shall review each report submit-
ted under paragraph (1)(B) and, not later than 30 days after the
report is submitted to Congress, shall submit to Congress the
Comptroller General’s views regarding the determination of the
Secretary that is set forth in the report, together with any other
findings that the Comptroller General considers appropriate.
‘‘(f) COMPETITIVE PROCEDURES REQUIRED.—Section 2304(c)(7)
of this title shall not be used as the basis for an exception to
the requirement to use competitive procedures for any contract
for a depot-level maintenance and repair workload described in
subsection (b).
‘‘(g) REVIEWS OF COMPETITIVE PROCEDURES.—If a solicitation
of offers for a contract for, or award of, any depot-level maintenance
and repair workload described in subsection (b) is issued, the
Comptroller General shall—
‘‘(1) within 45 days after the issuance of the solicitation,
review the solicitation and report to Congress on whether the
solicitation—
‘‘(A) provides substantially equal opportunity for public
and private offerors to compete for the contract without
regard to the location at which the workload is to be
performed; and
‘‘(B) is in compliance with the requirements of this
section and all applicable provisions of law and regulations;
and
‘‘(2) within 45 days after any contract or award resulting
from the solicitation is entered into or made, review the contract
or award, including the contracting or award process, and report
to Congress on whether—
‘‘(A) the procedures used to conduct the competition—
‘‘(i) provided substantially equal opportunity for
public and private offerors to compete for the contract
without regard to the location at which the workload
is to be performed; and
‘‘(ii) were in compliance with the requirements of
this section and all applicable provisions of law and
regulations;
‘‘(B) appropriate consideration was given to factors
other than cost in the selection of the source for perform-
ance of the workload; and
‘‘(C) the contract or award resulted in the lowest total
cost to the Department of Defense for performance of the
workload.
‘‘(h) RESOLUTION OF WORKLOAD AWARD OBJECTIONS.—Any pub-
lic or private entity may, pursuant to procedures established by
the Secretary, object to a solicitation of offers under this section
for the performance of any depot-level maintenance and repair
workload, or the award or proposed award of any workload pursuant
H. R. 1119—71
to such a solicitation. The Secretary may designate a qualified
individual or entity to review the objection; however, the Secretary
shall not designate the Source Selection Authority or any individual
from the same military department as the Source Selection Author-
ity to review the objection. The Secretary shall take appropriate
action to address any defect in the solicitation or award in the
event that the objection is sustained.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2469
the following new item:
‘‘2469a. Use of competitive procedures in contracting for performance of depot-level
maintenance and repair workloads formerly performed at certain mili-
tary installations.’’.
(b) LIMITATION RELATING
TO TIMING
OF SOLICITATION.—The
first solicitation of offers from private sector sources for the perform-
ance of a depot-level maintenance and repair workload described
in subsection (b) of section 2469a of title 10, United States Code,
as added by subsection (a), may be issued pursuant to such section
only after the date that is 30 days after the latest of the following:
(1) The date on which the Secretary of Defense publishes
and submits to Congress a plan or Department of Defense
directive that sets forth the specific procedures for the conduct
of competitions among private and public sector entities for
such depot-level maintenance and repair workloads.
(2) The date on which the Secretary of Defense submits
to Congress the report on allocation of workloads required
under subsection (c).
(3) The date on which the Comptroller General is required
to submit the report to Congress under subsection (d).
(c) REPORT OF ALLOCATION OF WORKLOAD.—Before any solicita-
tion of offers for the performance by a private sector source of
a depot-level maintenance and repair workload at a closed or
realigned installation described in subsection (b) of section 2469a
of title 10, United States Code, as added by subsection (a), is
to be issued, the Secretary of Defense shall submit to Congress
a report describing the allocation proposed by the Secretary of
all workloads that were performed at that closed or realigned mili-
tary installation (as defined in subsection (a) of such section) as
of July 1, 1995, including—
(1) the workloads that are considered to be core logistics
functions under section 2464 of such title;
(2) the workloads that are proposed to be transferred to
a military installation other than a closed or realigned military
installation;
(3) the workloads that are proposed to be included in the
public-private competitions carried out under section 2469a
of such title, and, if any of such workloads are to be combined
for purposes of such a competition, the reasons for combining
the workloads, together with a description of how the workloads
are to be combined;
(4) any workload that has been determined within the
Department of Defense as no longer being necessary;
(5) the proposed schedule for implementing the allocations
covered by the report; and
(6) the anticipated capacity utilization of the military
installations and former military installations to which work-
loads are to be transferred, based on the maximum potential
H. R. 1119—72
capacity certified to the 1995 Defense Base Closure and
Realignment Commission, after the transfers are completed
(not taking into account any workloads that may be transferred
as a result of a public-private competition carried out under
section 2469a of such title, as described in paragraph (3)).
(d) REVIEW REGARDING AWARD FOR C–5 AIRCRAFT WORKLOAD.—
(1) The Comptroller General shall conduct a review of the award
for the performance of the C–5 aircraft workload that was made
to Warner Robins Air Logistics Center. As part of the review,
the Comptroller General shall—
(A) determine whether the procedures used to conduct the
competition—
(i) provided substantially equal opportunity for public
and private offerors to compete for the award without
regard to the location at which the workload is to be
performed; and
(ii) are in compliance with the requirements of all
applicable provisions of law and the Federal Acquisition
Regulation; and
(B) determine whether that award results in the lowest
total cost to the Department of Defense for performance of
the workload.
(2) Not later than 60 days after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a
report containing the results of the review.
SEC. 360. CLARIFICATION OF PROHIBITION ON MANAGEMENT OF
DEPOT EMPLOYEES BY CONSTRAINTS ON PERSONNEL
LEVELS.
Section 2472(a) of title 10, United States Code, is amended
by striking out the first sentence and inserting in lieu thereof
the following: ‘‘The civilian employees of the Department of Defense,
including the civilian employees of the military departments and
the Defense Agencies, who perform, or are involved in the perform-
ance of, depot-level maintenance and repair workloads may not
be managed on the basis of any constraint or limitation in terms
of man years, end strength, full-time equivalent positions, or maxi-
mum number of employees.’’.
SEC. 361. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.
(a) DESIGNATION AND PURPOSE.—(1) Chapter 146 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2474. Centers of Industrial and Technical Excellence: des-
ignation; public-private partnerships
‘‘(a) DESIGNATION.—(1) The Secretary of Defense shall designate
each depot-level activity of the military departments and the
Defense Agencies (other than facilities approved for closure or major
realignment under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note)) as a Center of Industrial and Technical Excellence
in the recognized core competencies of the activity.
‘‘(2) The Secretary shall establish a policy to encourage the
Secretary of each military department and the head of each Defense
Agency to reengineer industrial processes and adopt best-business
practices at their depot-level activities in connection with their
core competency requirements, so as to serve as recognized leaders
H. R. 1119—73
in their core competencies throughout the Department of Defense
and in the national technology and industrial base (as defined
in section 2500(1) of this title).
‘‘(3) The Secretary of a military department may conduct a
pilot program, consistent with applicable requirements of law, to
test any practices referred to in paragraph (2) that the Secretary
determines could improve the efficiency and effectiveness of depot-
level operations, improve the support provided by depot-level activi-
ties for the armed forces user of the services of such activities,
and enhance readiness by reducing the time that it takes to repair
equipment.
‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary of Defense
shall enable Centers of Industrial and Technical Excellence to enter
into public-private cooperative arrangements for the performance
of depot-level maintenance and repair at such Centers and shall
encourage the use of such arrangements to maximize the utilization
of the capacity at such Centers. A public-private cooperative
arrangement under this subsection shall be known as a ‘public-
private partnership’.
‘‘(c) CREDITING
OF AMOUNTS
FOR PERFORMANCE.—Amounts
received by a Center for work performed under a public-private
partnership shall be credited to the appropriation or fund, including
a working-capital fund, that incurs the cost of performing the work.
‘‘(d) ADDITIONAL WORK.—The policy required under subsection
(a) shall include measures to enable a private sector entity that
enters into a partnership arrangement under subsection (b) or
leases excess equipment and facilities at a Center of Industrial
and Technical Excellence pursuant to section 2471 of this title
to perform additional work at the Center, subject to the limitations
outlined in subsection (b) of such section, outside of the types
of work normally assigned to the Center.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2474. Centers of Industrial and Technical Excellence: designation; public-private
partnerships.’’.
(b) LEASE OF EXCESS DEPOT-LEVEL EQUIPMENT AND FACILI-
TIES.—(1) Section 2471(c) of such title is amended to read as follows:
‘‘(c) CONFORMANCE WITH AUTHORITY UNDER SECTION 2667.—
The provisions of subsection (d) of section 2667 of this title shall
apply to this section in the same manner as such provisions are
applicable under that section.’’.
(2) Section 2667(d)(2) of such title is amended by inserting
‘‘or working capital fund’’ before ‘‘from which’’.
(c) REPORTING REQUIREMENT.—Not later than March 1, 1999,
the Secretary of Defense shall submit to Congress a report on
the policies established by the Secretary pursuant to section 2474
of title 10, United States Code, to implement the requirements
of such section. The report shall include—
(1) the details of any public-private partnerships entered
into as of that date under subsection (b) of such section;
(2) the details of any leases entered into as of that date
under section 2471 of such title with authorized entities for
dual-use (military and nonmilitary) purposes; and
(3) the effect that the partnerships and leases had on
capacity utilization, depot rate structures, and readiness.
H. R. 1119—74
SEC. 362. EXTENSION OF AUTHORITY FOR AVIATION DEPOTS AND
NAVAL SHIPYARDS TO ENGAGE IN DEFENSE-RELATED
PRODUCTION AND SERVICES.
Section 1425(e) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1684) is amended
by striking out ‘‘September 30, 1997’’ and inserting in lieu thereof
‘‘September 30, 1999’’.
SEC. 363. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN DEPOT-
LEVEL 
MAINTENANCE 
AND 
REPAIR 
LAWS 
AND 
A
RELATED REPORTING REQUIREMENT.
Section 311 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 247; 10 U.S.C. 2464
note) is amended by striking out subsections (f) and (g).
SEC. 364. PERSONNEL REDUCTIONS, ARMY DEPOTS PARTICIPATING
IN ARMY WORKLOAD AND PERFORMANCE SYSTEM.
(a) LIMITATION.—Except as necessary to implement BRAC 1995
decisions at Red River Army Depot, Texas, and Letterkenny Army
Depot, Pennsylvania, the Secretary of the Army may not initiate
a reduction in force of civilian employees at the five Army depots
participating in the demonstration and testing of the Army Work-
load and Performance System until after the date on which the
Secretary submits to Congress a report certifying that the Army
Workload and Performance System is fully operational.
(b) BRAC 1995 DECISIONS DEFINED.—The term ‘‘BRAC 1995
decisions’’ means the decisions to close or realign certain military
installations resulting from the recommendations approved in 1995
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
SEC. 365. REPORT ON ALLOCATION OF CORE LOGISTICS ACTIVITIES
AMONG DEPARTMENT OF DEFENSE FACILITIES AND PRI-
VATE SECTOR FACILITIES.
(a) REPORT.—Not later than May 31, 1998, the Secretary of
Defense shall submit to Congress a report on the allocation among
facilities of the Department of Defense and facilities in the private
sector of the logistics activities that are necessary to maintain
and repair the weapon systems and other military equipment identi-
fied by the Secretary, in consultation with the Chairman of the
Joint Chiefs of Staff, as being necessary to enable the Armed
Forces to conduct a strategic or major theater war.
(b) ELEMENTS.—The report under subsection (a) shall set forth
the following:
(1) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-
owned, Government-operated facilities, using personnel and
equipment of the Department, as a result of the Secretary’s
determination that—
(A) the work involves unique or valuable workforce
skills that should be maintained in the public sector in
the national interest;
(B) the base of private sector sources having the
capability to perform the workloads includes industry sec-
tors that are vulnerable to work stoppages;
(C) the private sector sources having the capability
to perform the workloads have insufficient workforce levels
H. R. 1119—75
or skills to perform the depot-level maintenance and repair
workloads—
(i) in the quantity necessary, or as rapidly as the
Secretary considers necessary, to enable the armed
forces to fulfill the national military strategy; or
(ii) without a significant disruption or delay in
the maintenance and repair of equipment;
(D) the need for performance of workloads is too infre-
quent, cyclical, or variable to sustain a reliable base of
private sector sources having the workforce levels or skills
to perform the workloads;
(E) the market conditions or workloads are insufficient
to ensure that the price of private sector performance of
the workloads can be controlled through competition or
other means;
(F) private sector sources are not adequately responsive
to the requirements of the Department for rapid, cost-
effective, and flexible response to surge requirements or
other contingency situations, including changes in the mix
or priority of previously scheduled workloads and reassign-
ment of employees to different workloads without the
requirement for additional contractual negotiations;
(G) private sector sources are less willing to assume
responsibility for performing the workload as a result of
the possibility of direct military or terrorist attack; or
(H) private sector sources cannot maintain continuity
of workforce expertise as a result of high rates of employee
turnover.
(2) The systems or equipment identified under subsection
(a) that must be maintained and repaired in Government-
owned facilities, whether Government-operated or contractor-
operated, as a result of the Secretary’s determination that—
(A) the work involves facilities, technologies, or equip-
ment that are unique and sufficiently valuable that the
facilities, technologies, or equipment must be maintained
in the public sector in the national interest;
(B) the private sector sources having the capability
to perform the workloads have insufficient facilities, tech-
nology, or equipment to perform the depot-level mainte-
nance and repair workloads—
(i) in the quantity necessary, or as rapidly as the
Secretary considers necessary, to enable the armed
forces to fulfill the national military strategy; or
(ii) without a significant disruption or delay in
the maintenance and repair of equipment; or
(C) the need for performance of workloads is too infre-
quent, cyclical, or variable to sustain a reliable base of
private sector sources having the facilities, technology, or
equipment to perform the workloads.
(3) The systems or equipment identified under subsection
(a) that may be maintained and repaired in private sector
facilities.
(4) The approximate percentage of the total maintenance
and repair workload of the Department of Defense necessary
for the systems and equipment identified under subsection
(a) that would be performed at Department of Defense facilities,
H. R. 1119—76
and at private sector facilities, as a result of the determinations
made for purposes of paragraphs (1), (2), and (3).
SEC. 366. REVIEW OF USE OF TEMPORARY DUTY ASSIGNMENTS FOR
SHIP REPAIR AND MAINTENANCE.
(a) FINDINGS.—Congress makes the following findings:
(1) In order to reduce the time that the crew of a naval
vessel is away from the homeport of the vessel, the Navy
seeks to perform ship repair and maintenance of the vessel
at the homeport of the vessel whenever it takes six months
or less to accomplish the work involved.
(2) At the same time, the Navy seeks to distribute ship
repair and maintenance work among the Navy shipyards
(known as to ‘‘level load’’) in order to more fully utilize personnel
resources.
(3) During periods when a Navy shipyard is not utilized
to its capacity, the Navy sometimes sends workers at the ship-
yard, on a temporary duty basis, to perform ship repairs and
maintenance at a homeport not having a Navy shipyard.
(4) This practice is a more efficient use of civilian employees
who might otherwise not be fully employed on work assigned
to Navy shipyards.
(b) COMPTROLLER GENERAL REVIEW
AND REPORT.—(1) The
Comptroller General shall review the Navy’s practice of using tem-
porary duty assignments of personnel to perform ship maintenance
and repair work at homeports not having Navy shipyards. The
review shall include the following:
(A) An assessment of the rationale, conditions, and factors
supporting the Navy’s practice.
(B) A determination of whether the practice is cost-effective.
(C) The factors affecting future requirements for, and the
adherence to, the practice, together with an assessment of
the factors.
(2) Not later than May 1, 1998, the Comptroller General shall
submit a report on the review to the Committee on Armed Services
of the Senate and the Committee on National Security of the
House of Representatives.
SEC. 367. SENSE OF CONGRESS REGARDING REALIGNMENT OF
PERFORMANCE 
OF 
GROUND 
COMMUNICATION-ELEC-
TRONIC WORKLOAD.
It is the sense of Congress that the transfer of the ground
communication-electronic workload to Tobyhanna Army Depot,
Pennsylvania, in the realignment of the performance of such func-
tion should be carried out in adherence to the schedule prescribed
for that transfer by the Defense Depot Maintenance Council on
March 13, 1997, as follows:
(1) Transfer of 20 percent of the workload in fiscal year
1998.
(2) Transfer of 40 percent of the workload in fiscal year
1999.
(3) Transfer of 40 percent of the workload in fiscal year
2000.
H. R. 1119—77
Subtitle E—Commissaries and
Nonappropriated Fund Instrumentalities
SEC. 371. REORGANIZATION OF LAWS REGARDING COMMISSARIES AND
EXCHANGES 
AND 
OTHER 
MORALE, 
WELFARE, 
AND
RECREATION ACTIVITIES.
(a) DESCRIPTION OF CHAPTER.—(1) The heading of chapter 147
of title 10, United States Code, is amended to read as follows:
‘‘CHAPTER 147—COMMISSARIES AND EXCHANGES AND
OTHER MORALE, WELFARE, AND RECREATION ACTIVI-
TIES’’.
(2) The tables of chapters at the beginning of subtitle A, and
at the beginning of part IV of subtitle A, of such title are amended
by striking out the item relating to chapter 147 and inserting
in lieu thereof the following new item:
‘‘147. Commissaries and Exchanges and Other Morale, Welfare, and
Recreation Activities ........................................................................... 2481’’.
(b) TRANSFER
AND
REDESIGNATION
OF
UNRELATED
PROVI-
SIONS.—(1) Section 2481 of title 10, United States Code, is trans-
ferred to chapter 159 of such title, inserted after section 2685,
and redesignated as section 2686.
(2) Sections 2483 and 2490 of such title are transferred to
the end of subchapter III of chapter 169 of such title and redesig-
nated as sections 2867 and 2868, respectively.
(3) Section 2491 of such title is redesignated as section 2500.
(c) CLERICAL AMENDMENTS.—(1) The table of sections at the
beginning of chapter 147 of title 10, United States Code, is amended
by striking out the items relating to sections 2481, 2483, and
2490.
(2) The table of sections at the beginning of chapter 159 of
such title is amended by inserting after the item relating to section
2685 the following new item:
‘‘2686. Utilities and services: sale; expansion and extension of systems and facili-
ties.’’.
(3) The table of sections at the beginning of subchapter III
of chapter 169 of such title is amended by adding at the end
the following new items:
‘‘2867. Sale of electricity from alternate energy and cogeneration production facili-
ties.
‘‘2868. Utility services: furnishing for certain buildings.’’.
(4) The table of sections at the beginning of subchapter I
of chapter 148 of such title is amended by striking out the item
relating to section 2491 and inserting in lieu thereof the following
new item:
‘‘2500. Definitions.’’.
(5) The tables of chapters at the beginning of subtitle A, and
at the beginning of part IV of subtitle A, of such title are amended
by striking out the item relating to chapter 148 and inserting
in lieu thereof the following new item:
‘‘148. National Defense Technology and Industrial Base, Defense Re-
investment, and Defense Conversion .............................................. 2500’’.
H. R. 1119—78
(d) CONFORMING AMENDMENTS.—(1) Section 2534(d) of title 10,
United States Code, is amended by striking out ‘‘section 2491(1)’’
both places it appears and inserting in lieu thereof ‘‘section 2500(1)’’.
(2) Section 2865(b)(2) of such title is amended by striking
out ‘‘section 2483(b)(2)’’ and inserting in lieu thereof ‘‘section
2867(b)(2)’’.
SEC. 372. MERCHANDISE AND PRICING REQUIREMENTS FOR COM-
MISSARY STORES.
(a) AUTHORIZED COMMISSARY MERCHANDISE CATEGORIES.—Sub-
section (b) of section 2486 of title 10, United States Code, is
amended—
(1) by striking out the matter preceding paragraph (1)
and inserting in lieu thereof the following: ‘‘(b) AUTHORIZED
COMMISSARY MERCHANDISE CATEGORIES.—Merchandise sold in,
at, or by commissary stores may include items only in the
following categories:’’; and
(2) by striking out paragraph (11) and inserting in lieu
thereof the following new paragraph:
‘‘(11) Such other merchandise categories as the Secretary
of Defense may prescribe, except that the Secretary shall submit
to Congress, not later than March 1 of each year, a report
describing—
‘‘(A) any addition of, or change in, a merchandise cat-
egory proposed to be made under this paragraph during
the one-year period beginning on that date; and
‘‘(B) those additions and changes in merchandise cat-
egories actually made during the preceding one-year
period.’’.
(b) CODIFICATION
OF UNIFORM SALES PRICE SURCHARGE
OR
ADJUSTMENT.—Subsection (c) of such section is amended—
(1) by inserting ‘‘UNIFORM SALES PRICE SURCHARGE
OR
ADJUSTMENT.—’’ after ‘‘(c)’’;
(2) by striking out ‘‘in commissary stores.’’ and inserting
in lieu thereof ‘‘in, at, or by commissary stores.’’; and
(3) by adding at the end the following new sentence: ‘‘Effec-
tive on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998, the uniform percentage
shall be equal to five percent and may not be changed except
by a law enacted after such date.’’.
(c) ESTABLISHMENT OF SALES PRICE; CONGRESSIONAL NOTIFICA-
TION.—Subsection (d) of such section is amended to read as follows:
‘‘(d) SALES
PRICE
ESTABLISHMENT.—(1) The Secretary of
Defense shall establish the sales price of each item of merchandise
sold in, at, or by commissary stores at the level that will recoup
the actual product cost of the item (consistent with this section
and sections 2484 and 2685 of this title).
‘‘(2) Any change in the pricing policies for merchandise sold
in, at, or by commissary stores shall not take effect until the
Secretary of Defense submits written notice of the proposed change
to Congress and a period of 90 days of continuous session of Con-
gress expires following the date on which notice was received.
For purposes of this paragraph, the continuity of a session of
Congress is broken only by an adjournment of the Congress sine
die, and the days on which either House is not in session because
of an adjournment or recess of more than three days to a day
certain are excluded in a computation of such 90-day period.’’.
H. R. 1119—79
(d) SPECIAL RULES FOR CERTAIN MERCHANDISE.—Such section
is further amended by adding at the end the following new sub-
section:
‘‘(f) SPECIAL RULES FOR CERTAIN MERCHANDISE.—(1) Notwith-
standing the general requirement that merchandise sold in, at,
or by commissary stores be commissary store inventory, the Sec-
retary of Defense may authorize the sale of items in the merchan-
dise categories specified in paragraph (2) as noncommissary store
inventory. Subsections (c) and (d) shall not apply to the pricing
of such merchandise items.
‘‘(2) The merchandise categories referred to in paragraph (1)
are as follows:
‘‘(A) Magazines and other periodicals.
‘‘(B) Tobacco products.’’.
(e) CLERICAL
AND CONFORMING AMENDMENTS.—Such section
is further amended—
(1) in subsection (a), by inserting ‘‘IN GENERAL.—’’ after
‘‘(a)’’; and
(2) in subsection (e)—
(A) by inserting ‘‘SPECIAL RULE
FOR BRAND-NAME
COMMERCIAL ITEMS.—’’ after ‘‘(e)’’; and
(B) by striking out ‘‘in commissary stores’’ both places
it appears and inserting in lieu thereof ‘‘in, at, or by com-
missary stores’’.
(f) REPORT ON MERCHANDISE CATEGORIES.—Not later than 30
days after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report specifying the merchan-
dise categories authorized for sale sold in, at, or by commissary
stores pursuant to regulations prescribed under subsection (b)(11)
of section 2486 of title 10, United States Code, as in effect before
such date.
SEC. 373. LIMITATION ON NONCOMPETITIVE PROCUREMENT OF
BRAND-NAME COMMERCIAL ITEMS FOR RESALE IN COM-
MISSARY STORES.
Section 2486(e) of title 10, United States Code, as amended
by section 372(e)(2), is further amended by adding at the end
the following new sentence: ‘‘In determining whether a brand name
commercial item is regularly sold outside of commissary stores,
the Secretary shall consider only sales of the item on a regional
or national basis by commercial grocery or other retail operations
consisting of multiple stores.’’.
SEC. 374. TREATMENT OF REVENUES DERIVED FROM COMMISSARY
STORE ACTIVITIES.
(a) TREATMENT OF REVENUES.—Section 2685 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(e) OTHER
SOURCES
OF
FUNDS
FOR
CONSTRUCTION
AND
IMPROVEMENTS.—Revenues received by the Secretary of Defense
from the following sources or activities of commissary store facilities
shall be available for the purposes set forth in subsections (b),
(c), and (d):
‘‘(1) Sale of recyclable materials.
‘‘(2) Sale of excess and surplus property.
‘‘(3) License fees.
‘‘(4) Royalties.
H. R. 1119—80
‘‘(5) Fees paid by sources of products in order to obtain
favorable display of the products for resale, known as business
related management fees.’’.
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) in subsection (a), by inserting ‘‘ADJUSTMENT OR SUR-
CHARGE AUTHORIZED.—’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘USE FOR CONSTRUCTION
AND IMPROVEMENT OF FACILITIES.—’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘ADVANCE
OBLIGA-
TION.—’’ after ‘‘(c)’’; and
(4) in subsection (d), by inserting ‘‘COOPERATION WITH
NONAPPROPRIATED FUND INSTRUMENTALITIES.—’’ after ‘‘(d)’’.
SEC. 375. MAINTENANCE, REPAIR, AND RENOVATION OF ARMED
FORCES RECREATION CENTER, EUROPE.
Section 2247(b) of title 10, United States Code, is amended
by striking out ‘‘real property maintenance, and’’ and inserting
in lieu thereof ‘‘the maintenance, repair, or renovation of real prop-
erty, and the’’.
SEC. 376. PLAN FOR USE OF PUBLIC AND PRIVATE PARTNERSHIPS
TO BENEFIT MORALE, WELFARE, AND RECREATION
ACTIVITIES.
(a) PLAN REQUIRED.—The Secretary of Defense shall prepare
a plan containing a proposal regarding the advisability and feasibil-
ity of permitting nonappropriated fund instrumentalities of the
Department of Defense to enter into leases, licensing agreements,
concession agreements, and other contracts with private persons
and State or local governments to facilitate the provision of facili-
ties, goods, or services to authorized patrons of nonappropriated
fund instrumentalities and to generate revenues for the Department
of Defense to be used solely for the benefit of nonappropriated
fund instrumentalities.
(b) RECOMMENDATIONS FOR SCOPE OF PLAN.—In developing the
proposal under subsection (a), the Secretary shall include rec-
ommendations regarding the following:
(1) The proposed criteria to be used to select goods or
services suitable for provision to patrons of nonappropriated
fund instrumentalities through a lease or other contractual
arrangement.
(2) The proposed mechanism to be used to assess the likely
impact of such a lease or other contractual arrangement on
private businesses in the locality that provide the same goods
or services proposed to be provided under such a lease or
other contractual arrangement.
(3) The feasibility and desirability of authorizing persons
who are not authorized patrons of nonappropriated fund
instrumentalities to receive goods and services provided
through such a lease or other contractual arrangement.
(4) The proposed mechanism to be used to ensure that
such a lease or contract will not be inconsistent with and
will not adversely affect the mission of the Department of
Defense or the nonappropriated fund instrumentality involved.
(c) SUBMISSION OF PLAN.—Not later than March 1, 1998, the
Secretary shall submit to Congress the plan required under sub-
section (a).
H. R. 1119—81
Subtitle F—Other Matters
SEC. 381. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENE-
FIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR
FISCAL YEAR 1998.—Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities—
(1) $30,000,000 shall be available for providing educational
agencies assistance (as defined in subsection (d)(1)) to local
educational agencies; and
(2) $5,000,000 shall be available for making educational
agencies payments (as defined in subsection (d)(2)) to local
educational agencies.
(b) NOTIFICATION.—Not later than June 30, 1998, the Secretary
of Defense shall—
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1998 of that
agency’s eligibility for such assistance and the amount of such
assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1998 of
that agency’s eligibility for such payment and the amount of
the payment for which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under paragraphs (1) and (2) of
subsection (a) not later than 30 days after the date on which
notification to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).
(2) The term ‘‘educational agencies payments’’ means pay-
ments authorized under section 386(d) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484;
20 U.S.C. 7703 note).
(3) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(e) TECHNICAL CORRECTION RELATING TO ORIGINAL ASSISTANCE
AUTHORITY.—Section 386(c)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C.
7703 note) is amended—
(1) by striking out ‘‘section 8003(a)’’ and inserting in lieu
thereof ‘‘section 8003(a)(1)’’; and
(2) by striking out ‘‘(20 U.S.C. 7703(a))’’ and inserting in
lieu thereof ‘‘(20 U.S.C. 7703(a)(1))’’.
SEC. 382. CENTER FOR EXCELLENCE IN DISASTER MANAGEMENT AND
HUMANITARIAN ASSISTANCE.
(a) ESTABLISHMENT AND OPERATION OF CENTER.—(1) Chapter
7 of title 10, United States Code, is amended by adding at the
end the following new section:
H. R. 1119—82
‘‘§ 182. Center for Excellence in Disaster Management and
Humanitarian Assistance
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may operate
a Center for Excellence in Disaster Management and Humanitarian
Assistance (in this section referred to as the ‘Center’).
‘‘(b) MISSIONS.—(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military oper-
ations, particularly operations that require international disaster
management and humanitarian assistance and operations that
require coordination between the Department of Defense and other
agencies.
‘‘(2) The Center shall be used to make available high-quality
disaster management and humanitarian assistance in response to
disasters.
‘‘(3) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
‘‘(A) Management of the consequences of nuclear, biological,
and chemical events.
‘‘(B) Management of the consequences of terrorism.
‘‘(C) Appropriate roles for the reserve components in the
management of such consequences and in disaster management
and humanitarian assistance in response to natural disasters.
‘‘(D) Meeting requirements for information in connection
with regional and global disasters, including the use of
advanced communications technology as a virtual library.
‘‘(E) Tropical medicine, particularly in relation to the medi-
cal readiness requirements of the Department of Defense.
‘‘(4) The Center shall develop a repository of disaster risk
indicators for the Asia-Pacific region.
‘‘(5) The Center shall perform such other missions as the Sec-
retary of Defense may specify.
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Secretary of Defense may enter into an agreement with
appropriate officials of an institution of higher education to provide
for joint operation of the Center. Any such agreement shall provide
for the institution to furnish necessary administrative services for
the Center, including administration and allocation of funds.
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in
paragraph (2), the Secretary of Defense may accept, on behalf
of the Center, donations to be used to defray the costs of the
Center or to enhance the operation of the Center. Such donations
may be accepted from any agency of the Federal Government,
any State or local government, any foreign government, any founda-
tion or other charitable organization (including any that is organized
or operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
‘‘(2) The Secretary may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or appear
to compromise—
‘‘(A) the ability of the Department of Defense, any employee
of the Department, or members of the armed forces, to carry
out any responsibility or duty of the Department in a fair
and objective manner; or
‘‘(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
H. R. 1119—83
‘‘(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance
of a foreign donation would have a result described in paragraph
(2).
‘‘(4) Funds accepted by the Secretary under paragraph (1) as
a donation on behalf of the Center shall be credited to appropria-
tions available to the Department of Defense for the Center. Funds
so credited shall be merged with the appropriations to which cred-
ited and shall be available for the Center for the same purposes
and the same period as the appropriations with which merged.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘182. Center for Excellence in Disaster Management and Humanitarian Assist-
ance.’’.
(b) FUNDING FOR FISCAL YEAR 1998.—Of the funds authorized
to be appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $5,000,000 shall be avail-
able for the operation of the Center for Excellence in Disaster
Management and Humanitarian Assistance established under sec-
tion 182 of title 10, United States Code, as added by subsection
(a).
SEC. 383. APPLICABILITY OF FEDERAL PRINTING REQUIREMENTS TO
DEFENSE AUTOMATED PRINTING SERVICE.
(a) IN GENERAL.—Subchapter I of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 195. Defense Automated Printing Service: applicability of
Federal printing requirements
‘‘The Defense Automated Printing Service shall comply fully
with the requirements of section 501 of title 44 relating to the
production and procurement of printing, binding, and blank-book
work.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘195. Defense Automated Printing Service: applicability of Federal printing require-
ments.’’.
SEC. 384. STUDY AND NOTIFICATION REQUIREMENTS FOR CONVER-
SION OF COMMERCIAL AND INDUSTRIAL TYPE FUNC-
TIONS TO CONTRACTOR PERFORMANCE.
(a) ADDITIONAL NOTIFICATION REQUIREMENT.—Subsection (a)(1)
of section 2461 of title 10, United States Code, is amended by
inserting before the semicolon the following: ‘‘and the anticipated
length and cost of the study’’.
(b) NOTIFICATION
OF CONVERSION DECISION.—Subsection (b)
of such section is amended by adding at the end the following
new sentence: ‘‘The notification shall include the timetable for
completing conversion of the function to contractor performance.’’.
(c) WAIVER FOR SMALL FUNCTIONS.—Subsection (d) of such sec-
tion is amended by striking out ‘‘45 or fewer’’ and inserting in
lieu thereof ‘‘20 or fewer’’.
H. R. 1119—84
SEC. 385. COLLECTION AND RETENTION OF COST INFORMATION DATA
ON CONVERTED SERVICES AND FUNCTIONS.
(a) COLLECTION AND RETENTION REQUIRED.—Section 2463 of
title 10, United States Code, is amended to read as follows:
‘‘§ 2463. Collection and retention of cost information data
on converted services and functions
‘‘(a) REQUIREMENTS IN CONNECTION WITH CONVERSION TO CON-
TRACTOR PERFORMANCE.—With respect to each contract converting
the performance of a service or function of the Department of
Defense to contractor performance (and any extension of such a
contract), the Secretary of Defense shall collect, during the term
of the contract or extension, but not to exceed five years, cost
information data regarding performance of the service or function
by private contractor employees.
‘‘(b) 
REQUIREMENTS
IN
CONNECTION
WITH
RETURN
TO
EMPLOYEE
PERFORMANCE.—Whenever 
the 
performance 
of 
a
commercial or industrial type activity of the Department of Defense
that is being performed by 50 or more employees of a private
contractor is changed to performance by civilian employees of the
Department of Defense, the Secretary of Defense shall collect, for
a five-year period, cost information data comparing—
‘‘(1) the estimated costs of continued performance of such
activity by private contractor employees; and
‘‘(2) the costs of performance of such activity by civilian
employees of the Department of Defense.
‘‘(c) RETENTION OF INFORMATION.—With regard to the conver-
sion to or from contractor performance of a particular service or
function of the Department of Defense, the Secretary of Defense
shall provide for the retention of information collected under this
section for at least a 10-year period beginning at the end of the
final year in which the information is collected.’’.
(b) CLERICAL AMENDMENT.—The item relating to such section
in the table of sections at the beginning of chapter 146 of title
10, United States Code, is amended to read as follows:
‘‘2463. Collection and retention of cost information data on converted services and
functions.’’.
SEC. 386. FINANCIAL ASSISTANCE TO SUPPORT ADDITIONAL DUTIES
ASSIGNED TO ARMY NATIONAL GUARD.
(a) AUTHORITY.—Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:
‘‘§ 113. Federal financial assistance for support of additional
duties assigned to the Army National Guard
‘‘(a) AUTHORITY.—The Secretary of the Army may provide finan-
cial assistance to a State to support activities carried out by the
Army National Guard of the State in the performance of duties
that the Secretary has assigned, with the consent of the Chief
of the National Guard Bureau, to the Army National Guard of
the State. The Secretary shall determine the amount of the assist-
ance that is appropriate for the purpose.
‘‘(b) COVERED ACTIVITIES.—Activities supported under this sec-
tion may include only those activities that are carried out by the
Army National Guard in the performance of responsibilities of
the Secretary of the Army under paragraphs (6), (10), and (11)
of section 3013(b) of title 10.
H. R. 1119—85
‘‘(c) DISBURSEMENT THROUGH NATIONAL GUARD BUREAU.—The
Secretary of the Army shall disburse any contribution under this
section through the Chief of the National Guard Bureau.
‘‘(d) AVAILABILITY OF FUNDS.—Funds appropriated for the Army
for a fiscal year are available for providing financial assistance
under this section in support of activities carried out by the Army
National Guard during that fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘113. Federal financial assistance for support of additional duties assigned to the
Army National Guard.’’.
SEC. 387. COMPETITIVE PROCUREMENT OF PRINTING AND DUPLICA-
TION SERVICES.
(a) EXTENSION
OF
REQUIREMENT
TO
USE
PRIVATE-SECTOR
SOURCES.—Subsection (a) of section 351 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 266) is amended—
(1) by striking out ‘‘and 1997’’ and inserting in lieu thereof
‘‘through 1998’’; and
(2) by striking out ‘‘Defense Printing Service’’ and inserting
in lieu thereof ‘‘Defense Automated Printing Service’’.
(b) SURCHARGE FOR SERVICES.—Such section is further amended
by adding at the end the following new subsection:
‘‘(d) CONDITIONS ON IMPOSITION OF SURCHARGE.—(1) Any sur-
charge imposed by the Defense Automated Printing Service on
printing and duplication services for the Department of Defense
shall be based on direct services provided by the Defense Automated
Printing Service and reflect the costs incurred by the Defense
Automated Printing Service, as described in its annual budget.
‘‘(2) The Defense Automated Printing Service may not impose
a surcharge on any printing and duplication service for the Depart-
ment of Defense that is procured from a source outside of the
Department.’’.
(c) AUTHORITY TO PROCURE SERVICES FROM GOVERNMENT
PRINTING OFFICE.—Consistent with section 501 of title 44, United
States Code, the Secretary of a military department or head of
a Defense Agency may contract directly with the Government Print-
ing Office for printing and duplication services otherwise available
through the Defense Automated Printing Service.
SEC. 388. CONTINUATION AND EXPANSION OF DEMONSTRATION PRO-
GRAM TO IDENTIFY OVERPAYMENTS MADE TO VENDORS.
(a) SCOPE OF PROGRAM.—Section 354 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 268; 10 U.S.C. 2461 note) is amended—
(1) in subsection (a), by striking out the second sentence;
and
(2) in subsection (b)(1), by striking out ‘‘of the Defense
Logistics Agency that relate to (at least) fiscal years 1993,
1994, and 1995’’ and inserting in lieu thereof ‘‘relating to fiscal
years after fiscal year 1993 of the working-capital funds and
industrial, commercial, and support type activities managed
through the Defense Business Operations Fund, except the
Defense Logistics Agency to the extent such records have
already been audited’’.
H. R. 1119—86
(b) COLLECTION METHOD; CONTRACTOR PAYMENTS.—Such sec-
tion is further amended by striking out subsections (d) and (e)
and inserting in lieu thereof the following new subsections:
‘‘(d) COLLECTION METHOD.—(1) In the case of an overpayment
to a vendor identified under the demonstration program, the Sec-
retary shall consider the use of the procedures specified in section
32.611 of the Federal Acquisition Regulation, regarding a setoff
against existing invoices for payment to the vendor, as the first
method by which the Department seeks to recover the amount
of the overpayment (and any applicable interest and penalties)
from the vendor.
‘‘(2) The Secretary of Defense shall be solely responsible for
notifying a vendor of an overpayment made to the vendor and
identified under the demonstration program and for recovering
the amount of the overpayment (and any applicable interest and
penalties) from the vendor.
‘‘(e) FEES FOR CONTRACTOR.—The Secretary shall pay to the
contractor under the contract entered into under the demonstration
program an amount not to exceed 25 percent of the total amount
recovered by the Department (through the collection of overpay-
ments and the use of setoffs) solely on the basis of information
obtained as a result of the audits performed by the contractor
under the program. When an overpayment is recovered through
the use of a setoff, amounts for the required payment to the contrac-
tor shall be derived from funds available to the working-capital
fund or industrial, commercial, or support type activity for which
the overpayment is recovered.’’.
(c) GAO REVIEW.—Not later than December 31, 1998, the
Comptroller General shall submit to Congress a report containing
the results of a review by the Comptroller General of the demonstra-
tion program conducted under section 354 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10
U.S.C. 2461 note). In the review, the Comptroller General shall—
(1) assess the success of the methods used in the dem-
onstration program to identify overpayments made to vendors;
(2) consider the types of overpayments identified and the
feasibility of avoiding such overpayments through contract
adjustments;
(3) determine the total amount of overpayments recovered
under the demonstration program; and
(4) develop recommendations for improving the process by
which overpayments are recovered by the Department of
Defense.
SEC. 
389. 
DEVELOPMENT 
OF 
STANDARD 
FORMS 
REGARDING
PERFORMANCE WORK STATEMENT AND REQUEST FOR
PROPOSAL FOR CONVERSION OF CERTAIN OPERATIONAL
FUNCTIONS OF MILITARY INSTALLATIONS.
(a) STANDARDIZATION
OF REQUIREMENTS.—The Secretary of
Defense is authorized and encouraged to develop standard forms
(to be known as a ‘‘standard performance work statement’’ and
a ‘‘standard request for proposal’’) for use in the consideration
for conversion to contractor performance of commercial services
and functions at military installations. A separate standard form
shall be developed for each service and function.
(b) RELATIONSHIP
TO
OMB REQUIREMENTS.—A standard
performance work statement or a standard request for proposal
H. R. 1119—87
developed under subsection (a) must fulfill the basic requirements
of the performance work statement or request for proposal otherwise
required under the procedures and requirements of Office of
Management and Budget Circular A–76 (or any successor adminis-
trative regulation or policy) in effect at the time the standard
form will be used.
(c) PRIORITY DEVELOPMENT OF CERTAIN FORMS.—In developing
standard performance work statements and standard requests for
proposal, the Secretary shall give first priority to those commercial
services and functions that the Secretary determines have been
successfully converted to contractor performance on a repeated
basis.
(d) INCENTIVE
FOR USE.—Beginning not later than October
1, 1998, if a standard performance work statement or a standard
request for proposal is developed under subsection (a) for a particu-
lar service and function, the standard form may be used in lieu
of the performance work statement or request for proposal otherwise
required under the procedures and requirements of Office of
Management and Budget Circular A–76 in connection with the
consideration for conversion to contractor performance of that serv-
ice or function at a military installation.
(e) EXCLUSION OF MULTIFUNCTION CONVERSION.—If a commer-
cial service or function for which a standard form is developed
under subsection (a) is combined with another service or function
(for which such a form has not yet been developed) for purposes
of considering the services and functions at the military installation
for conversion to contractor performance, a standard performance
work statement or a standard request for a proposal developed
under subsection (a) may not be used in the conversion process
in lieu of the procedures and requirements of Office of Management
and Budget Circular A–76.
(f) EFFECT
ON OTHER LAWS.—Nothing in this section shall
be construed to supersede any other requirements or limitations,
specifically contained in chapter 146 of title 10, United States
Code, on the conversion to contractor performance of activities
performed by civilian employees of the Department of Defense.
(g) GAO REPORT.—Not later than June 1, 1999, the Secretary
of Defense shall submit to Congress a report reviewing the
implementation of this section.
(h) MILITARY INSTALLATION DEFINED.—For purposes of this sec-
tion, the term ‘‘military installation’’ means a base, camp, post,
station, yard, center, homeport facility for any ship, or other activity
under the jurisdiction of the Department of Defense, including
any leased facility.
SEC. 390. BASE OPERATIONS SUPPORT FOR MILITARY INSTALLATIONS
ON GUAM.
(a) CONTRACTOR USE OF NONIMMIGRANT ALIENS.—Each con-
tract for base operations support to be performed on Guam shall
contain a condition that work under the contract may not be per-
formed by any alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(ii) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).
(b) APPLICATION OF SECTION.—This section shall apply to con-
tracts entered into, amended, or otherwise modified on or after
the date of the enactment of this Act.
H. R. 1119—88
SEC. 391. WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense may
carry out a pilot program to use commercial sources of services
to improve the collection of Department of Defense claims under
aircraft engine warranties.
(b) CONTRACTS.—Exercising the authority provided in section
3718 of title 31, United States Code, the Secretary of Defense
may enter into contracts under the pilot program to provide for
the following services:
(1) Collection services.
(2) Determination of amounts owed the Department of
Defense for repair of aircraft engines for conditions covered
by warranties.
(3) Identification and location of the sources of information
that are relevant to collection of Department of Defense claims
under aircraft engine warranties, including electronic data
bases and document filing systems maintained by the Depart-
ment of Defense or by the manufacturers and suppliers of
the aircraft engines.
(4) Services to define the elements necessary for an effective
training program to enhance and improve the performance
of Department of Defense personnel in collecting and organizing
documents and other information that are necessary for efficient
filing, processing, and collection of Department of Defense
claims under aircraft engine warranties.
(c) CONTRACTOR FEE.—Under the authority provided in section
3718(d) of title 31, United States Code, a contract entered into
under the pilot program shall provide for the contractor to be
paid, out of the amount recovered by the contractor under the
program, such percentages of the amount recovered as the Secretary
of Defense determines appropriate.
(d) RETENTION OF RECOVERED FUNDS.—Subject to any obliga-
tion to pay a fee under subsection (c), any amount collected for
the Department of Defense under the pilot program for a repair
of an aircraft engine for a condition covered by a warranty shall
be credited to an appropriation available for repair of aircraft
engines for the fiscal year in which collected and shall be available
for the same purposes and same period as the appropriation to
which credited.
(e) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to carry out this section.
(f) TERMINATION OF AUTHORITY.—The pilot program shall termi-
nate on September 30, 1999, and contracts entered into under
this section shall terminate not later than that date.
(g) REPORTING REQUIREMENTS.—(1) Not later than January
1, 2000, the Secretary of Defense shall submit to Congress a report
on the pilot program. The report shall include the following:
(A) The number of contracts entered into under the pro-
gram.
(B) The extent to which the services provided under the
contracts resulted in financial benefits for the Federal Govern-
ment.
(C) Any additional comments and recommendations that
the Secretary considers appropriate regarding use of commer-
cial sources of services for collection of Department of Defense
claims under aircraft engine warranties.
H. R. 1119—89
(2) Not later than March 1, 2000, the Comptroller General
shall submit to Congress a report containing the results of a review
by the Comptroller General of the pilot program. In the review,
the Comptroller General shall—
(A) assess the success of the methods used in the dem-
onstration program to identify and recover Department of
Defense claims under aircraft engine warranties;
(B) determine the total amount recovered by the Depart-
ment of Defense under the pilot program;
(C) evaluate the report prepared by the Secretary under
paragraph (1); and
(D) develop recommendations for improving the process
by which warranty claims are recovered by the Department
of Defense.
SEC. 392. PROGRAM TO INVESTIGATE FRAUD, WASTE, AND ABUSE
WITHIN DEPARTMENT OF DEFENSE.
The Secretary of Defense shall maintain a specific coordinated
program for the investigation of evidence of fraud, waste, and
abuse within the Department of Defense, particularly fraud, waste,
and abuse regarding finance and accounting matters.
SEC. 393. MULTITECHNOLOGY AUTOMATED READER CARD DEM-
ONSTRATION PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of the Navy shall carry
out a program to demonstrate expanded use of multitechnology
automated reader cards throughout the Navy and the Marine Corps.
The demonstration program shall include demonstration of the use
of the so-called ‘‘smartship’’ technology of the ship-to-shore work
load/off load program of the Navy.
(b) PERIOD OF PROGRAM.—The Secretary shall carry out the
demonstration program for two years beginning not later than
January 1, 1998.
(c) REPORT.—Not later than 90 days after termination of the
demonstration program, the Secretary shall submit to Congress
a report on the results of the program.
(d) FUNDING.—Of the amount authorized to be appropriated
pursuant to section 301(2) for operation and maintenance for the
Navy, $36,000,000 shall be available for the demonstration program
under this section, of which $6,300,000 shall be available for dem-
onstration of the use of the so-called ‘‘smartship’’ technology of
the ship-to-shore work load/off load program of the Navy.
SEC. 394. REDUCTION IN OVERHEAD COSTS OF INVENTORY CONTROL
POINTS.
(a) REPORT AND PLAN REQUIRED.—Not later than March 1,
1998, the Secretary of Defense shall submit to Congress a report
containing a plan to reduce overhead costs of the supply manage-
ment activities of the Defense Logistics Agency and the military
departments (known as Inventory Control Points) so that the over-
head costs for each fiscal year after fiscal year 2000 do not exceed
eight percent of net sales at standard price by Inventory Control
Points during that year.
(b) ADDITIONAL REPORT REQUIREMENT.—In addition to the plan,
the report shall include the following:
(1) An identification of inherently governmental, core and
noncore functions in Inventory Control Points and Distribution
Depots.
H. R. 1119—90
(2) A description of efforts, other than prime vendor and
virtual prime vendor, underway or proposed to improve the
efficiency, incentives, and accountability in Department of
Defense supply, inventory and warehousing services and rates.
(3) An identification and description of the benchmarks
established in the warehousing, distribution, and supply func-
tions of the Department and the relationship of the benchmarks
to performance measurement methods used in the private sec-
tor.
(4) A description of the outcome-oriented performance
measures that are currently being used to evaluate Inventory
Control Points and Distribution Depots.
(5) A specification of any legislative, regulatory, or oper-
ational impediments to achieving the requirement in subsection
(a) 
and 
implementing 
best 
business 
practices 
in 
the
warehousing, distribution, and supply functions of the Depart-
ment.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘overhead costs’’ means the total expenses
of the Inventory Control Points, excluding—
(A) annual materiel costs; and
(B) military and civilian personnel related costs,
defined as personnel compensation and benefits under the
March 1996 Department of Defense Financial Management
Regulations, Volume 2A, Chapter 1, Budget Account Title
File (Object Classification Name/Code), object classifica-
tions 200, 211, 220, 221, 222, and 301.
(2) The term ‘‘net sales at standard price’’ has the meaning
given that term in the March 1996 Department of Defense
Financial Management Regulations, Volume 2B, Chapter 9,
and displayed in ‘‘Exhibit Fund—14 Revenue and Expenses’’
for the supply management business areas.
SEC. 395. INVENTORY MANAGEMENT.
(a) DEVELOPMENT AND SUBMISSION OF SCHEDULE.—Not later
than 180 days after the date of the enactment of this Act, the
Director of the Defense Logistics Agency shall develop and submit
to Congress a schedule for implementing within the agency, for
the supplies and equipment described in subsection (b), inventory
practices identified by the Director as being the best commercial
inventory practices for the acquisition and distribution of such
supplies and equipment consistent with military requirements. The
schedule shall provide for the implementation of such practices
to be completed not later than three years after the date of the
enactment of this Act.
(b) COVERED SUPPLIES AND EQUIPMENT.—Subsection (a) shall
apply to the following types of supplies and equipment for the
Department of Defense:
(1) Medical and pharmaceutical.
(2) Subsistence.
(3) Clothing and textiles.
(4) Commercially available electronics.
(5) Construction.
(6) Industrial.
(7) Automotive.
(8) Fuel.
(9) Facilities maintenance.
H. R. 1119—91
(c) DEFINITION.—For purposes of this section, the term ‘‘best
commercial inventory practice’’ includes a so-called prime vendor
arrangement and any other practice that the Director determines
will enable the Defense Logistics Agency to reduce inventory levels
and holding costs while improving the responsiveness of the supply
system to user needs.
(d) REPORT ON EXPANSION OF COVERED SUPPLIES AND EQUIP-
MENT.—Not later than March 1, 1998, the Comptroller General
shall submit to Congress a report evaluating the feasibility of
expanding the list of covered supplies and equipment under sub-
section (b) to include repairable items.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Permanent end strength levels to support two major regional contin-
gencies.
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.
Sec. 413. End strengths for military technicians (dual status).
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
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, 1998, as follows:
(1) The Army, 495,000.
(2) The Navy, 390,802.
(3) The Marine Corps, 174,000.
(4) The Air Force, 371,577.
SEC. 402. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO
MAJOR REGIONAL CONTINGENCIES.
(a) CHANGE IN PERMANENT END STRENGTHS.—Subsection (b)
of section 691 of title 10, United States Code, is amended—
(1) in paragraph (2), by striking out ‘‘395,000’’ and inserting
in lieu thereof ‘‘390,802’’; and
(2) in paragraph (4), by striking out ‘‘381,000’’ and inserting
in lieu thereof ‘‘371,577’’.
(b) INCREASED FLEXIBILITY FOR THE ARMY.—Subsection (e) of
such section is amended by inserting ‘‘or, in the case of the Army,
by not more than 1.5 percent’’ before the period at the end.
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, 1998, as follows:
H. R. 1119—92
(1) The Army National Guard of the United States, 361,516.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 94,294.
(4) The Marine Corps Reserve, 42,000.
(5) The Air National Guard of the United States, 108,002.
(6) The Air Force Reserve, 73,447.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—
(1) the total authorized strength of units organized 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 participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased 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 SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 1998, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,310.
(2) The Army Reserve, 11,500.
(3) The Naval Reserve, 16,136.
(4) The Marine Corps Reserve, 2,559.
(5) The Air National Guard of the United States, 10,671.
(6) The Air Force Reserve, 867.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STA-
TUS).
(a) AUTHORIZATION
FOR FISCAL YEAR 1998.—The minimum
number of military technicians (dual status) as of the last day
of fiscal year 1998 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 5,503.
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,802.
(4) For the Air National Guard of the United States, 22,853.
(b) REQUESTS FOR FUTURE FISCAL YEARS.—Section 115(g) of
title 10, United States Code, is amended by adding at the end
the following new sentence: ‘‘In each budget submitted by the
President to Congress under section 1105 of title 31, the end
strength requested for military technicians (dual status) for each
H. R. 1119—93
reserve component of the Army and Air Force shall be specifically
set forth.’’.
Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 1998 a total
of $69,470,505,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 1998.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Limitation on number of general and flag officers who may serve in
positions outside their own service.
Sec. 502. Exclusion of certain retired officers from limitation on period of recall to
active duty.
Sec. 503. Clarification of officers eligible for consideration by promotion boards.
Sec. 504. Authority to defer mandatory retirement for age of officers serving as
chaplains.
Sec. 505. Increase in number of officers allowed to be frocked to grades of colonel
and Navy captain.
Sec. 506. Increased years of commissioned service for mandatory retirement of
regular generals and admirals in grades above major general and rear
admiral.
Sec. 507. Uniform policy for requirement of exemplary conduct by commanding
officers and others in authority.
Sec. 508. Report on the command selection process for District Engineers of the
Army Corps of Engineers.
Subtitle B—Reserve Component Matters
Sec. 511. Individual Ready Reserve activation authority.
Sec. 512. Termination of Mobilization Income Insurance Program.
Sec. 513. Correction of inequities in medical and dental care and death and disabil-
ity benefits for reserve members who incur or aggravate an illness in
the line of duty.
Sec. 514. Authority to permit non-unit assigned officers to be considered by vacancy
promotion board to general officer grades.
Sec. 515. Prohibition on use of Air Force Reserve AGR personnel for Air Force base
security functions.
Sec. 516. Involuntary separation of reserve officers in an inactive status.
Sec. 517. Federal status of service by National Guard members as honor guards at
funerals of veterans.
Subtitle C—Military Technicians
Sec. 521. Authority to retain on the reserve active-status list until age 60 military
technicians in the grade of brigadier general.
Sec. 522. Military technicians (dual status).
Sec. 523. Non-dual status military technicians.
Sec. 524. Report on feasibility and desirability of conversion of AGR personnel to
military technicians (dual status).
Subtitle D—Measures To Improve Recruit Quality and Reduce Recruit
Attrition
Sec. 531. Reform of military recruiting systems.
Sec. 532. Improvements in medical prescreening of applicants for military service.
Sec. 533. Improvements in physical fitness of recruits.
H. R. 1119—94
Subtitle E—Military Education and Training
PART I—OFFICER EDUCATION PROGRAMS
Sec. 541. Requirement for candidates for admission to United States Naval
Academy to take oath of allegiance.
Sec. 542. Service academy foreign exchange program.
Sec. 543. Reimbursement of expenses incurred for instruction at service academies
of persons from foreign countries.
Sec. 544. Continuation of support to senior military colleges.
Sec. 545. Report on making United States nationals eligible for participation in
Senior Reserve Officers’ Training Corps.
Sec. 546. Coordination of establishment and maintenance of Junior Reserve
Officers’ Training Corps units to maximize enrollment and enhance
efficiency.
PART II—OTHER EDUCATION MATTERS
Sec. 551. United States Naval Postgraduate School.
Sec. 552. Community College of the Air Force.
Sec. 553. Preservation of entitlement to educational assistance of members of the
Selected Reserve serving on active duty in support of a contingency
operation.
PART III—TRAINING OF ARMY DRILL SERGEANTS
Sec. 556. Reform of Army drill sergeant selection and training process.
Sec. 557. Training in human relations matters for Army drill sergeant trainees.
Subtitle F—Commission on Military Training and Gender-Related Issues
Sec. 561. Establishment and composition of Commission.
Sec. 562. Duties.
Sec. 563. Administrative matters.
Sec. 564. Termination of Commission.
Sec. 565. Funding.
Sec. 566. Subsequent consideration by Congress.
Subtitle G—Military Decorations and Awards
Sec. 571. Purple Heart to be awarded only to members of the Armed Forces.
Sec. 572. Eligibility for Armed Forces Expeditionary Medal for participation in
Operation Joint Endeavor or Operation Joint Guard.
Sec. 573. Waiver of time limitations for award of certain decorations to specified
persons.
Sec. 574. Clarification of eligibility of members of Ready Reserve for award of
service medal for heroism.
Sec. 575. One-year extension of period for receipt of recommendations for decora-
tions and awards for certain military intelligence personnel.
Sec. 576. Eligibility of certain World War II military organizations for award of
unit decorations.
Sec. 577. Retroactivity of Medal of Honor special pension.
Subtitle H—Military Justice Matters
Sec. 581. Establishment of sentence of confinement for life without eligibility for
parole.
Sec. 582. Limitation on appeal of denial of parole for offenders serving life
sentence.
Subtitle I—Other Matters
Sec. 591. Sexual harassment investigations and reports.
Sec. 592. Sense of the Senate regarding study of matters relating to gender equity
in the Armed Forces.
Sec. 593. Authority for personnel to participate in management of certain non-
Federal entities.
Sec. 594. Treatment of participation of members in Department of Defense civil
military programs.
Sec. 595. Comptroller General study of Department of Defense civil military
programs.
Sec. 596. Establishment of public affairs specialty in the Army.
Sec. 597. Grade of defense attache´ in France.
Sec. 598. Report on crew requirements of WC–130J aircraft.
Sec. 599. Improvement of missing persons authorities applicable to Department of
Defense.
H. R. 1119—95
Subtitle A—Officer Personnel Policy
SEC. 501. LIMITATION ON NUMBER OF GENERAL AND FLAG OFFICERS
WHO MAY SERVE IN POSITIONS OUTSIDE THEIR OWN
SERVICE.
(a) IN GENERAL.—Chapter 41 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 721. General and flag officers: limitation on appointments,
assignments, details, and duties outside an offi-
cer’s own service
‘‘(a) LIMITATION.—An officer described in subsection (b) may
not be appointed, assigned, or detailed for a period in excess of
180 days to a position external to that officer’s armed force if,
immediately following such appointment, assignment, or detail, the
number of officers described in subsection (b) serving in positions
external to such officers’ armed force would be in excess of 26.5
percent of the total number of the officers described in subsection
(b).
‘‘(b) COVERED OFFICERS.—The officers covered by subsection
(a), and to be counted for the purposes of the limitation in that
subsection, are the following:
‘‘(1) Any general or flag officer counted for purposes of
section 526(a) of this title.
‘‘(2) Any general or flag officer serving in a joint duty
assignment position designated by the Chairman of the Joint
Chiefs of Staff under section 526(b) of this title.
‘‘(3) Any colonel or Navy captain counted for purposes
of section 777(d)(1) of this title.
‘‘(c) EXTERNAL POSITIONS.—For purposes of this section, the
following positions shall be considered to be external to an officer’s
armed force:
‘‘(1) Any position (including a position in joint education)
that is a joint duty assignment for purposes of chapter 38
of this title.
‘‘(2) Any position in the Office of the Secretary of Defense,
a Defense Agency, or a Department of Defense Field Activity.
‘‘(3) Any position in the Joint Chiefs of Staff, the Joint
Staff, or the headquarters of a combatant command (as defined
in chapter 6 of this title).
‘‘(4) Any position in the National Guard Bureau.
‘‘(5) Any position outside the Department of Defense,
including any position in the headquarters of the North Atlantic
Treaty Organization or any other international military com-
mand, any combined or multinational command, or military
mission.
‘‘(d) TREATMENT OF OFFICERS HOLDING MULTIPLE POSITIONS.—
(1) If an officer described in subsection (b) simultaneously holds
both a position external to that officer’s armed force and another
position not external to that officer’s armed force, the Secretary
of Defense shall determine whether that officer shall be counted
for the purposes of this section.
‘‘(2) The Secretary of Defense shall submit to Congress an
annual report on the number of officers to whom paragraph (1)
was applicable during the year covered by the report. The report
H. R. 1119—96
shall set forth the determination made by the Secretary under
that paragraph in each such case.
‘‘(e) ASSIGNMENTS, ETC., FOR PERIODS IN EXCESS OF 180 DAYS.—
For purposes of this section, the appointment, assignment, or detail
of an officer to a position shall be considered to be for a period
in excess of 180 days unless the appointment, assignment, or detail
specifies that it is made for a period of 180 days or less.
‘‘(f) WAIVER DURING PERIOD
OF WAR
OR NATIONAL EMER-
GENCY.—The President may suspend the operation of this section
during any period of war or of national emergency declared by
Congress or the President.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘721. General and flag officers: limitation on appointments, assignments, details,
and duties outside an officer’s own service.’’.
SEC. 502. EXCLUSION OF CERTAIN RETIRED OFFICERS FROM LIMITA-
TION ON PERIOD OF RECALL TO ACTIVE DUTY.
Section 688(e) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘A member’’; and
(2) by adding at the end the following:
‘‘(2) Paragraph (1) does not apply to the following officers:
‘‘(A) A chaplain who is assigned to duty as a chaplain
for the period of active duty to which ordered.
‘‘(B) A health care professional (as characterized by the
Secretary concerned) who is assigned to duty as a health care
professional for the period of active duty to which ordered.
‘‘(C) An officer assigned to duty with the American Battle
Monuments Commission for the period of active duty to which
ordered.’’.
SEC. 503. CLARIFICATION OF OFFICERS ELIGIBLE FOR CONSIDER-
ATION BY PROMOTION BOARDS.
(a) OFFICERS
ON
THE ACTIVE-DUTY LIST.—Section 619(d) of
title 10, United States Code, is amended—
(1) by striking out ‘‘grade—’’ in the matter preceding para-
graph (1) and inserting in lieu thereof ‘‘grade any of the follow-
ing officers:’’;
(2) in paragraph (1)—
(A) by striking out ‘‘an officer’’ and inserting in lieu
thereof ‘‘An officer’’; and
(B) by striking out ‘‘; or’’ at the end and inserting
in lieu thereof a period;
(3) by redesignating paragraph (2) as paragraph (3) and
in that paragraph striking out ‘‘an officer’’ and inserting in
lieu thereof ‘‘An officer’’; and
(4) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) An officer who is recommended for promotion to that
grade in the report of an earlier selection board convened
under that section, in the case of such a report that has not
yet been approved by the President.’’.
(b) OFFICERS ON THE RESERVE ACTIVE-STATUS LIST.—Section
14301(c) of such title is amended—
H. R. 1119—97
(1) by striking out ‘‘grade—’’ in the matter preceding para-
graph (1) and inserting in lieu thereof ‘‘grade any of the
following officers:’’;
(2) by striking out ‘‘an officer’’ in each of paragraphs (1),
(2), and (3) and inserting in lieu thereof ‘‘An officer’’;
(3) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period;
(4) by striking out ‘‘; or’’ at the end of paragraph (2)
and inserting in lieu thereof a period;
(5) by redesignating paragraphs (2) and (3), as so amended,
as paragraphs (3) and (4), respectively, and in each such para-
graph striking out ‘‘the next higher grade’’ and inserting in
lieu thereof ‘‘that grade’’; and
(6) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) An officer who is recommended for promotion to that
grade in the report of an earlier selection board convened
under a provision referred to in paragraph (1), in the case
of such a report that has not yet been approved by the Presi-
dent.’’.
(c) CLARIFYING AMENDMENTS.—Paragraphs (3) and (4) of section
14301(c) of such title, as redesignated and amended by subsection
(b), are each amended by inserting before the period at the end
the following: ‘‘, if that nomination is pending before the Senate’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply with respect to selection boards that are convened
under section 611(a), 14101(a), or 14502 of title 10, United States
Code, on or after that date.
SEC. 504. AUTHORITY TO DEFER MANDATORY RETIREMENT FOR AGE
OF OFFICERS SERVING AS CHAPLAINS.
(a) AUTHORITY
FOR DEFERRAL
OF RETIREMENT
FOR CHAP-
LAINS.—Subsection (c) of section 1251 of title 10, United States
Code, is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) The Secretary concerned may defer the retirement under
subsection (a) of an officer who is appointed or designated as a
chaplain if the Secretary determines that such deferral is in the
best interest of the military department concerned.’’.
(b) AUTHORITY FOR DEFERRAL OF RETIREMENT FOR CHIEF AND
DEPUTY CHIEF OF CHAPLAINS.—Such section is further amended
by adding at the end the following new subsection:
‘‘(d) The Secretary concerned may defer the retirement under
subsection (a) of an officer who is the Chief of Chaplains or Deputy
Chief of Chaplains of that officer’s armed force. Such a deferment
may not extend beyond the first day of the month following the
month in which the officer becomes 68 years of age.’’.
(c) QUALIFICATION FOR SERVICE AS NAVY CHIEF OF CHAPLAINS
OR DEPUTY CHIEF OF CHAPLAINS.—(1) Section 5142(b) of such title
is amended by striking out ‘‘, who are not on the retired list,’’.
(2) Section 5142a of such title is amended by striking ‘‘, who
is not on the retired list,’’.
H. R. 1119—98
SEC. 505. INCREASE IN NUMBER OF OFFICERS ALLOWED TO BE
FROCKED TO GRADES OF COLONEL AND NAVY CAPTAIN.
Section 777(d)(2) of title 10, United States Code, is amended
by inserting after ‘‘1 percent’’ the following: ‘‘, or, for the grades
of colonel and Navy captain, 2 percent,’’.
SEC. 506. INCREASED YEARS OF COMMISSIONED SERVICE FOR MANDA-
TORY 
RETIREMENT 
OF 
REGULAR 
GENERALS 
AND
ADMIRALS IN GRADES ABOVE MAJOR GENERAL AND
REAR ADMIRAL.
(a) YEARS OF SERVICE.—Section 636 of title 10, United States
Code, is amended—
(1) by striking out ‘‘Except as provided’’ and inserting in
lieu thereof ‘‘(a) MAJOR GENERALS AND REAR ADMIRALS SERVING
IN GRADE.—Except as provided in subsection (b) or (c) and’’;
and
(2) by adding at the end the following:
‘‘(b) LIEUTENANT
GENERALS
AND
VICE
ADMIRALS.—In the
administration of subsection (a) in the case of an officer who is
serving in the grade of lieutenant general or vice admiral, the
number of years of active commissioned service applicable to the
officer is 38 years.
‘‘(c) GENERALS AND ADMIRALS.—In the administration of sub-
section (a) in the case of an officer who is serving in the grade
of general or admiral, the number of years of active commissioned
service applicable to the officer is 40 years.’’.
(b) SECTION HEADING.—The heading of such section is amended
to read as follows:
‘‘§ 636. Retirement for years of service: regular officers in
grades above brigadier general and rear admiral
(lower half)’’.
(c) CLERICAL AMENDMENT.—The item relating to such section
in the table of sections at the beginning of subchapter III of chapter
36 of such title is amended to read as follows:
‘‘636. Retirement for years of service: regular officers in grades above brigadier gen-
eral and rear admiral (lower half).’’.
SEC. 507. UNIFORM POLICY FOR REQUIREMENT OF EXEMPLARY CON-
DUCT BY COMMANDING OFFICERS AND OTHERS IN
AUTHORITY.
(a) ARMY.—(1) Chapter 345 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3583. Requirement of exemplary conduct
‘‘All commanding officers and others in authority in the Army
are required—
‘‘(1) to show in themselves a good example of virtue, honor,
patriotism, and subordination;
‘‘(2) to be vigilant in inspecting the conduct of all persons
who are placed under their command;
‘‘(3) to guard against and suppress all dissolute and
immoral practices, and to correct, according to the laws and
regulations of the Army, all persons who are guilty of them;
and
‘‘(4) to take all necessary and proper measures, under the
laws, regulations, and customs of the Army, to promote and
H. R. 1119—99
safeguard the morale, the physical well-being, and the general
welfare of the officers and enlisted persons under their com-
mand or charge.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘3583. Requirement of exemplary conduct.’’.
(b) AIR FORCE.—(1) Chapter 845 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 8583. Requirement of exemplary conduct
‘‘All commanding officers and others in authority in the Air
Force are required—
‘‘(1) to show in themselves a good example of virtue, honor,
patriotism, and subordination;
‘‘(2) to be vigilant in inspecting the conduct of all persons
who are placed under their command;
‘‘(3) to guard against and suppress all dissolute and
immoral practices, and to correct, according to the laws and
regulations of the Air Force, all persons who are guilty of
them; and
‘‘(4) to take all necessary and proper measures, under the
laws, regulations, and customs of the Air Force, to promote
and safeguard the morale, the physical well-being, and the
general welfare of the officers and enlisted persons under their
command or charge.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘8583. Requirement of exemplary conduct.’’.
SEC. 508. REPORT ON THE COMMAND SELECTION PROCESS FOR DIS-
TRICT ENGINEERS OF THE ARMY CORPS OF ENGINEERS.
Not later than March 31, 1998, the Secretary of the Army
shall submit to Congress a report on the command selection process
for officers serving as District Engineers of the Corps of Engineers.
The report shall include the following:
(1) An identification of each major Corps of Engineers
project that—
(A) is being carried out by each District Engineer as
of the date of the report; or
(B) is being planned by each District Engineer to be
carried out during the five-year period beginning on the
date of the report.
(2) The expected start and completion dates, during that
period, for each major phase of each project identified under
paragraph (1).
(3) The expected dates for changes in the District Engineer
in each Corps of Engineers District during that period.
(4) A plan for optimizing the timing of changes in the
District Engineer in each such District so that there is minimal
disruption to major phases of major Corps of Engineers projects.
(5) A review of the effect on the Corps of Engineers, and
on the mission of each District of the Corps of Engineers,
of allowing major command tours of District Engineers to be
of two-to-four years in duration, with the selection of the exact
timing of the change of command to be at the discretion of
the Chief of Engineers, who shall act with the goal of optimizing
H. R. 1119—100
the timing of each change so that it has minimal disruption
on the mission of the District Engineer.
Subtitle B—Reserve Component Matters
SEC. 511. INDIVIDUAL READY RESERVE ACTIVATION AUTHORITY.
(a) IRR MEMBERS SUBJECT TO ORDER TO ACTIVE DUTY OTHER
THAN DURING WAR OR NATIONAL EMERGENCY.—Section 10144 of
title 10, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Within the Ready Reserve’’;
and
(2) by adding at the end the following new subsection:
‘‘(b)(1) Within the Individual Ready Reserve of each reserve
component there is a category of members, as designated by the
Secretary concerned, who are subject to being ordered to active
duty involuntarily in accordance with section 12304 of this title.
A member may not be placed in that mobilization category unless—
‘‘(A) the member volunteers for that category; and
‘‘(B) the member is selected for that category by the Sec-
retary concerned, based upon the needs of the service and
the grade and military skills of that member.
‘‘(2) A member of the Individual Ready Reserve may not be
carried in such mobilization category of members after the end
of the 24-month period beginning on the date of the separation
of the member from active service.
‘‘(3) The Secretary shall designate the grades and military
skills or specialities of members to be eligible for placement in
such mobilization category.
‘‘(4) A member in such mobilization category shall be eligible
for benefits (other than pay and training) as are normally available
to members of the Selected Reserve, as determined by the Secretary
of Defense.’’.
(b) CRITERIA FOR ORDERING TO ACTIVE DUTY.—Subsection (a)
of section 12304 of title 10, United States Code, is amended by
inserting after ‘‘of this title),’’ the following: ‘‘or any member in
the Individual Ready Reserve mobilization category and designated
as essential under regulations prescribed by the Secretary con-
cerned,’’.
(c) MAXIMUM
NUMBER.—Subsection (c) of such section is
amended—
(1) by inserting ‘‘and the Individual Ready Reserve’’ after
‘‘Selected Reserve’’; and
(2) by inserting ‘‘, of whom not more than 30,000 may
be members of the Individual Ready Reserve’’ before the period
at the end.
(d) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (f), by inserting ‘‘or Individual Ready
Reserve’’ after ‘‘Selected Reserve’’;
(2) in subsection (g), by inserting ‘‘, or any member of
the Individual Ready Reserve,’’ after ‘‘to serve as a unit’’; and
(3) by adding at the end the following new subsection:
‘‘(i) For purposes of this section, the term ‘Individual Ready
Reserve mobilization category’ means, in the case of any reserve
component, the category of the Individual Ready Reserve described
in section 10144(b) of this title.’’.
H. R. 1119—101
(e) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 12304. Selected Reserve and certain Individual Ready
Reserve members; order to active duty other than
during war or national emergency’’.
(2) The item relating to section 12304 in the table of sections
at the beginning of chapter 1209 of such title is amended to read
as follows:
‘‘12304. Selected Reserve and certain Individual Ready Reserve members; order to
active duty other than during war or national emergency.’’.
SEC. 512. TERMINATION OF MOBILIZATION INCOME INSURANCE PRO-
GRAM.
(a) IN GENERAL.—Chapter 1214 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 12533. Termination of program
‘‘(a) IN GENERAL.—The Secretary shall terminate the insurance
program in accordance with this section.
‘‘(b) TERMINATION OF NEW ENROLLMENTS.—The Secretary may
not enroll a member of the Ready Reserve for coverage under
the insurance program after the date of the enactment of this
section.
‘‘(c) TERMINATION
OF COVERAGE.—(1) The enrollment under
the insurance program of insured members other than insured
members described in paragraph (2) is terminated as of the date
of the enactment of this section. The enrollment of an insured
member described in paragraph (2) is terminated as of the date
of the termination of the period of covered service of that member
described in that paragraph.
‘‘(2) An insured member described in this paragraph is an
insured member who on the date of the enactment of this section
is serving on covered service for a period of service, or has been
issued an order directing the performance of covered service, that
satisfies or would satisfy the entitlement-to-benefits provisions of
this chapter.
‘‘(d) TERMINATION OF PAYMENT OF BENEFITS.—The Secretary
may not make any benefit payment under the insurance program
after the date of the enactment of this section other than to an
insured member who on that date (1) is serving on an order to
covered service, (2) has been issued an order directing performance
of covered service, or (3) has served on covered service before
that date for which benefits under the program have not been
paid to the member.
‘‘(e) TERMINATION OF INSURANCE FUND.—The Secretary shall
close the Fund not later than 60 days after the date on which
the last benefit payment from the Fund is made. Any amount
remaining in the Fund when closed shall be covered into the Treas-
ury as miscellaneous receipts.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘12533. Termination of program.’’.
H. R. 1119—102
SEC. 513. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE
AND DEATH AND DISABILITY BENEFITS FOR RESERVE
MEMBERS WHO INCUR OR AGGRAVATE AN ILLNESS IN
THE LINE OF DUTY.
(a) MEDICAL AND DENTAL CARE FOR MEMBERS.—Section 1074a
of title 10, United States Code, is amended—
(1) in subsection (a)(3), by inserting ‘‘while remaining over-
night immediately before the commencement of inactive-duty
training, or’’ after ‘‘in the line of duty’’; and
(2) by adding at the end the following new subsection:
‘‘(e) A member of a uniformed service described in paragraph
(1)(A) or (2)(A) of subsection (a) whose orders are modified or
extended, while the member is being treated for (or recovering
from) the injury, illness, or disease incurred or aggravated in the
line of duty, so as to result in active duty for a period of more
than 30 days shall be entitled, while the member remains on
active duty, to medical and dental care on the same basis and
to the same extent as members covered by section 1074(a) of this
title.’’.
(b) MEDICAL
AND DENTAL CARE
FOR DEPENDENTS.—Section
1076(a) of such title is amended by striking out paragraph (2)
and inserting in lieu thereof the following new paragraph:
‘‘(2) A dependent referred to in paragraph (1) is a dependent
of a member of a uniformed service described in one of the following
subparagraphs:
‘‘(A) A member who is on active duty for a period of more
than 30 days or died while on that duty.
‘‘(B) A member who died from an injury, illness, or disease
incurred or aggravated—
‘‘(i) while the member was on active duty under a
call or order to active duty of 30 days or less, on active
duty for training, or on inactive-duty training; or
‘‘(ii) while the member was traveling to or from the
place at which the member was to perform, or had per-
formed, such active duty, active duty for training, or inac-
tive-duty training.
‘‘(C) A member who died from an injury, illness, or disease
incurred or aggravated in the line of duty while the member
remained overnight immediately before the commencement of
inactive-duty training, or while the member remained overnight
between successive periods of inactive-duty training, at or in
the vicinity of the site of the inactive-duty training, if the
site was outside reasonable commuting distance from the mem-
ber’s residence.
‘‘(D) A member who incurred or aggravated an injury,
illness, or disease in the line of duty while serving on active
duty for a period of 30 days or less (or while traveling to
or from the place of such duty) and the member’s orders are
modified or extended, while the member is being treated for
(or recovering from) the injury, illness, or disease, so as to
result in active duty for a period of more than 30 days. However,
this subparagraph entitles the dependent to medical and dental
care only while the member remains on active duty.’’.
(c) ELIGIBILITY FOR DISABILITY RETIREMENT OR SEPARATION.—
(1) Section 1204(2) of such title is amended to read as follows:
‘‘(2) the disability—
H. R. 1119—103
‘‘(A) was incurred before September 24, 1996, as the
proximate result of—
‘‘(i) performing active duty or inactive-duty train-
ing;
‘‘(ii) traveling directly to or from the place at which
such duty is performed; or
‘‘(iii) an injury, illness, or disease incurred or
aggravated while remaining overnight, immediately
before the commencement of inactive-duty training, or
while remaining overnight between successive periods
of inactive-duty training, at or in the vicinity of the
site of the inactive-duty training, if the site of the
inactive-duty training is outside reasonable commuting
distance of the member’s residence; or
‘‘(B) is a result of an injury, illness, or disease incurred
or aggravated in line of duty after September 23, 1996—
‘‘(i) while performing active duty or inactive-duty
training;
‘‘(ii) while traveling directly to or from the place
at which such duty is performed; or
‘‘(iii) while remaining overnight, immediately
before the commencement of inactive-duty training, or
while remaining overnight between successive periods
of inactive-duty training, at or in the vicinity of the
site of the inactive-duty training, if the site of the
inactive-duty training is outside reasonable commuting
distance of the member’s residence;’’.
(2) Section 1206 of such title is amended—
(A) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively, and
(B) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) the disability is a result of an injury, illness, or disease
incurred or aggravated in line of duty while—
‘‘(A) performing active duty or inactive-duty training;
‘‘(B) traveling directly to or from the place at which
such duty is performed; or
‘‘(C) while remaining overnight immediately before the
commencement of inactive-duty training, or while remain-
ing overnight between successive periods of inactive-duty
training, at or in the vicinity of the site of the inactive-
duty training, if the site is outside reasonable commuting
distance of the member’s residence;’’.
(d) CONFORMING AMENDMENTS AND RELATED CLERICAL AMEND-
MENTS.—(1) The heading of section 1204 of title 10, United States
Code, is amended to read as follows:
‘‘§ 1204. Members on active duty for 30 days or less or on
inactive-duty training: retirement’’.
(2) The heading of section 1206 of such title is amended to
read as follows:
‘‘§ 1206. Members on active duty for 30 days or less or on
inactive-duty training: separation’’.
(3) The table of sections at the beginning of chapter 61 of
such title is amended—
H. R. 1119—104
(A) by striking out the item relating to section 1204 and
inserting in lieu thereof the following:
‘‘1204. Members on active duty for 30 days or less or on inactive-duty training:
retirement.’’;
and
(B) by striking out the item relating to section 1206 and
inserting in lieu thereof the following:
‘‘1206. Members on active duty for 30 days or less or on inactive-duty training:
separation.’’.
(e) RECOVERY, CARE, AND DISPOSITION OF REMAINS.—Section
1481(a)(2)(D) of such title is amended by inserting ‘‘remaining over-
night immediately before the commencement of inactive-duty train-
ing, or’’ after ‘‘(D)’’.
(f) ENTITLEMENT TO BASIC PAY.—Section 204 of title 37, United
States Code, is amended by inserting ‘‘while remaining overnight
immediately before the commencement of inactive-duty training,
or’’ in subsections (g)(1)(D) and (h)(1)(D) after ‘‘in line of duty’’.
(g) COMPENSATION
FOR
INACTIVE-DUTY
TRAINING.—Section
206(a)(3)(C) of title 37, United States Code, is amended by inserting
‘‘while remaining overnight immediately before the commencement
of inactive-duty training, or’’ after ‘‘in line of duty’’.
SEC. 514. AUTHORITY TO PERMIT NON-UNIT ASSIGNED OFFICERS TO
BE CONSIDERED BY VACANCY PROMOTION BOARD TO
GENERAL OFFICER GRADES.
(a) CONVENING OF SELECTION BOARDS.—Section 14101(a)(2) of
title 10, United States Code, is amended by striking out ‘‘(except
in the case of a board convened to consider officers as provided
in section 14301(e) of this title)’’.
(b) ELIGIBILITY FOR CONSIDERATION OF CERTAIN ARMY OFFI-
CERS.—Section 14301 of such title is amended—
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(c) GENERAL OFFICER PROMOTIONS.—Section 14308 of such title
is amended—
(1) in subsection (e)(2), by inserting ‘‘a grade below colonel
in’’ after ‘‘(2) an officer in’’; and
(2) in subsection (g)—
(A) by inserting ‘‘or the Air Force’’ in the first sentence
after ‘‘of the Army’’ the first place it appears;
(B) by striking out ‘‘in that grade’’ in the first sentence
and all that follows through ‘‘Secretary of the Army’’ and
inserting in lieu thereof ‘‘in the Army Reserve or the Air
Force Reserve, as the case may be, in that grade’’; and
(C) by striking out the second sentence.
(d) VACANCY PROMOTIONS.—Section 14315(b)(1) of such title
is amended by striking out ‘‘duties’’ in clause (A) and all that
follows through ‘‘as a unit,’’ and inserting in lieu thereof ‘‘duties
of a general officer of the next higher reserve grade in the Army
Reserve,’’.
SEC. 515. PROHIBITION ON USE OF AIR FORCE RESERVE AGR PERSON-
NEL FOR AIR FORCE BASE SECURITY FUNCTIONS.
(a) IN GENERAL.—Chapter 1215 of title 10, United States Code,
is amended by striking out
H. R. 1119—105
‘‘[No present sections]’’
and inserting in lieu thereof the following:
‘‘Sec.
12551. Prohibition of use of Air Force Reserve AGR personnel for Air Force base
security functions.
‘‘§ 12551. Prohibition of use of Air Force Reserve AGR person-
nel for Air Force base security functions
‘‘(a) LIMITATION.—The Secretary of the Air Force may not use
members of the Air Force Reserve who are AGR personnel for
the performance of force protection, base security, or security police
functions at an Air Force facility in the United States.
‘‘(b) AGR PERSONNEL DEFINED.—In this section, the term ‘AGR
personnel’ means members of the Air Force Reserve who are on
active duty (other than for training) in connection with organizing,
administering, recruiting, instructing, or training the Air Force
Reserve.’’.
(b) CLERICAL AMENDMENT.—The items relating to chapter 1215
in the tables of chapters at the beginning of subtitle E, and at
the beginning of part II of subtitle E, are amended to read as
follows:
‘‘1215. Miscellaneous Prohibitions and Penalties .......................................12551’’.
SEC. 516. INVOLUNTARY SEPARATION OF RESERVE OFFICERS IN AN
INACTIVE STATUS.
(a) AUTHORITY FOR INVOLUNTARY SEPARATION OF CERTAIN INAC-
TIVE STATUS OFFICERS.—Section 12683(b) of title 10, United States
Code, is amended—
(1) in the matter preceding paragraph (1), by striking out
‘‘apply—’’ and inserting in lieu thereof ‘‘apply to any of the
following:’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) A separation of an officer who is in an inactive status
in the Standby Reserve and who is not qualified for transfer
to the Retired Reserve or is qualified for transfer to the Retired
Reserve and does not apply for such a transfer.’’.
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) in paragraphs (1), (2), and (3), by striking out ‘‘to
a’’ and inserting in lieu thereof ‘‘A’’;
(2) by striking out the semicolon at the end of paragraph
(1) and inserting in lieu thereof a period; and
(3) by striking out ‘‘; and’’ at the end of paragraph (2)
and inserting in lieu thereof a period.
SEC. 517. FEDERAL STATUS OF SERVICE BY NATIONAL GUARD MEM-
BERS AS HONOR GUARDS AT FUNERALS OF VETERANS.
(a) IN GENERAL.—(1) Chapter 1 of title 32, United States Code,
is amended by adding after section 113, as added by section 386(a),
the following new section:
‘‘§ 114. Honor guard functions at funerals for veterans
‘‘(a) Subject to such regulations and restrictions as may be
prescribed by the Secretary concerned, the performance of honor
guard functions by members of the National Guard at funerals
for veterans of the armed forces may be treated by the Secretary
H. R. 1119—106
concerned as a Federal function for which appropriated funds may
be used. Any such performance of honor guard functions at such
a funeral may not be considered to be a period of drill or training
otherwise required.
‘‘(b) This section does not authorize additional appropriations
for any fiscal year. Any expense of the National Guard that is
incurred by reason of this section shall be paid from appropriations
otherwise available for the National Guard.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding after the item relating
to section 113, as added by section 386(b), the following new item:
‘‘114. Honor guard functions at funerals for veterans.’’.
Subtitle C—Military Technicians
SEC. 521. AUTHORITY TO RETAIN ON THE RESERVE ACTIVE-STATUS
LIST UNTIL AGE 60 MILITARY TECHNICIANS IN THE
GRADE OF BRIGADIER GENERAL.
(a) RETENTION.—Section 14702(a) of title 10, United States
Code, is amended—
(1) by striking out ‘‘section 14506 or 14507’’ and inserting
in lieu thereof ‘‘section 14506, 14507, or 14508’’; and
(2) by striking out ‘‘or colonel’’ and inserting in lieu thereof
‘‘colonel, or brigadier general’’.
(b) TECHNICAL AMENDMENT.—Section 14508(c) of such title is
amended by striking out ‘‘not later than the date on which the
officer becomes 60 years of age’’ and inserting in lieu thereof ‘‘not
later than the last day of the month in which the officer becomes
60 years of age’’.
SEC. 522. MILITARY TECHNICIANS (DUAL STATUS).
(a) DEFINITION.—Subsection (a) of section 10216 of title 10,
United States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—(1) For purposes of this section and any
other provision of law, a military technician (dual status) is a
Federal civilian employee who—
‘‘(A) is employed under section 3101 of title 5 or section
709 of title 32;
‘‘(B) is required as a condition of that employment to main-
tain membership in the Selected Reserve; and
‘‘(C) is assigned to a position as a technician in the adminis-
tration and training of the Selected Reserve or in the mainte-
nance and repair of supplies or equipment issued to the Selected
Reserve or the armed forces.
‘‘(2) Military technicians (dual status) shall be authorized and
accounted for as a separate category of civilian employees.’’.
(b) UNIT MEMBERSHIP AND DUAL STATUS REQUIREMENT.—Such
section is further amended by striking out subsection (d) and insert-
ing in lieu thereof the following:
‘‘(d) UNIT MEMBERSHIP REQUIREMENT.—(1) Unless specifically
exempted by law, each individual who is hired as a military techni-
cian (dual status) after December 1, 1995, shall be required as
a condition of that employment to maintain membership in—
‘‘(A) the unit of the Selected Reserve by which the individ-
ual is employed as a military technician; or
H. R. 1119—107
‘‘(B) a unit of the Selected Reserve that the individual
is employed as a military technician to support.
‘‘(2) Paragraph (1) does not apply to a military technician
(dual status) who is employed by the Army Reserve in an area
other than Army Reserve troop program units.
‘‘(e) DUAL STATUS REQUIREMENT.—(1) Funds appropriated for
the Department of Defense may not (except as provided in para-
graph (2)) be used for compensation as a military technician of
any individual hired as a military technician after February 10,
1996, who is no longer a member of the Selected Reserve.
‘‘(2) The Secretary concerned may pay compensation described
in paragraph (1) to an individual described in that paragraph
who is no longer a member of the Selected Reserve for a period
not to exceed six months following the individual’s loss of member-
ship in the Selected Reserve if the Secretary determines that such
loss of membership was not due to the failure of that individual
to meet military standards.’’.
(c) NATIONAL GUARD DUAL STATUS REQUIREMENT.—Section
709(b) of title 32, United States Code, is amended by striking
out ‘‘Except as prescribed by the Secretary concerned, a technician’’
and inserting in lieu thereof ‘‘A technician’’.
(d) PLAN FOR CLARIFICATION OF STATUTORY AUTHORITY OF MILI-
TARY TECHNICIANS.—(1) The Secretary of Defense shall submit to
Congress, as part of the budget justification materials submitted
in support of the budget for the Department of Defense for fiscal
year 1999, a legislative proposal to provide statutory authority
and clarification under title 5, United States Code—
(A) for the hiring, management, promotion, separation, and
retirement of military technicians who are employed in support
of units of the Army Reserve or Air Force Reserve; and
(B) for the transition to the competitive service of an
individual who is hired as a military technician in support
of a unit of the Army Reserve or Air Force Reserve and who
(as determined by the Secretary concerned) fails to maintain
membership in the Selected Reserve through no fault of the
individual.
(2) The legislative proposal under paragraph (1) shall be devel-
oped in consultation with the Director of the Office of Personnel
Management.
(e) CONFORMING REPEAL.—Section 8016 of Public Law 104–
61 (109 Stat. 654; 10 U.S.C. 10101 note) is repealed.
(f) CROSS-REFERENCE
CORRECTIONS.—Section 10216(c)(1) of
title 10, United States Code, is amended by striking out ‘‘subsection
(a)(1)’’ in subparagraphs (A), (B), (C), and (D) and inserting in
lieu thereof ‘‘subsection (b)(1)’’.
(g) CONFORMING AMENDMENTS
TO SECTION 10216.—Section
10216 of title 10, United States Code, is further amended as follows:
(1) The heading of subsection (b) is amended by inserting
‘‘(DUAL STATUS)’’ after ‘‘MILITARY TECHNICIANS’’.
(2) Subsection (b)(1) is amended—
(A) by inserting ‘‘(dual status)’’ after ‘‘for military
technicians’’;
(B) by striking out ‘‘dual status military technicians’’
and inserting in lieu thereof ‘‘military technicians (dual
status)’’; and
(C) by inserting ‘‘(dual status)’’ after ‘‘military techni-
cians’’ in subparagraph (C).
H. R. 1119—108
(3) Subsection (b)(2) is amended by inserting ‘‘(dual status)’’
after ‘‘military technicians’’ both places it appears.
(4) Subsection (b)(3) is amended by inserting ‘‘(dual status)’’
after ‘‘Military technician’’.
(5) Subsection (c) is amended—
(A) in the matter preceding paragraph (1)(A), by insert-
ing ‘‘(dual status)’’ after ‘‘military technicians’’;
(B) in paragraph (1), by striking out ‘‘dual-status
technicians’’ in subparagraphs (A), (B), (C), and (D) and
inserting in lieu thereof ‘‘military technicians (dual status)’’;
(C) in paragraph (2)(A), by inserting ‘‘(dual status)’’
after ‘‘military technician’’; and
(D) 
in 
paragraph 
(2)(B), 
by 
striking 
out
‘‘delineate—’’ and all that follows through ‘‘or other reasons’’
in clause (ii) and inserting in lieu thereof ‘‘delineate the
specific force structure reductions’’.
(h) CLERICAL AMENDMENTS.—(1) The heading of section 10216
of such title is amended to read as follows:
‘‘§ 10216. Military technicians (dual status)’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 1007 of such title is amended to read
as follows:
‘‘10216. Military technicians (dual status).’’.
(i) OTHER CONFORMING AMENDMENTS.—(1) Section 115(g) of
such title is amended by inserting ‘‘(dual status)’’ in the first sen-
tence after ‘‘military technicians’’ and in the second sentence after
‘‘military technician’’.
(2) Section 115a(h) of such title is amended—
(A) by inserting ‘‘(displayed in the aggregate and separately
for military technicians (dual status) and non-dual status mili-
tary technicians)’’ in the matter preceding paragraph (1) after
‘‘of the following’’; and
(B) by striking out paragraph (3).
SEC. 523. NON-DUAL STATUS MILITARY TECHNICIANS.
(a) IN GENERAL.—(1) Chapter 1007 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 10217. Non-dual status military technicians
‘‘(a) DEFINITION.—For the purposes of this section and any
other provision of law, a non-dual status military technician is
a civilian employee of the Department of Defense serving in a
military technician position who—
‘‘(1) was hired as a military technician before the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998 under any of the authorities specified
in subsection (c); and
‘‘(2) as of the date of the enactment of that Act is not
a member of the Selected Reserve or after such date ceased
to be a member of the Selected Reserve.
‘‘(b) EMPLOYMENT AUTHORITIES.—The authorities referred to
in subsection (a) are the following:
‘‘(1) Section 10216 of this title.
‘‘(2) Section 709 of title 32.
‘‘(3) The requirements referred to in section 8401 of
title 5.
H. R. 1119—109
‘‘(4) Section 8016 of the Department of Defense Appropria-
tions Act, 1996 (Public Law 104–61; 109 Stat. 654), and any
comparable provision of law enacted on an annual basis in
the Department of Defense Appropriations Acts for fiscal years
1984 through 1995.
‘‘(5) Any memorandum of agreement between the Depart-
ment of Defense and the Office of Personnel Management
providing for the hiring of military technicians.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘10217. Non-dual status military technicians.’’.
(b) LIMITATION.—The number of civilian employees of a military
department who are non-dual status military technicians as of
September 30, 1998, may not exceed the following:
(1) For the Army Reserve, 1,500.
(2) For the Army National Guard of the United States,
2,400.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 450.
(c) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing the number of military technician
positions that are held by non-dual status military technicians
as of September 30, 1997, shown separately for each of the following:
(1) The Army Reserve.
(2) The Army National Guard of the United States.
(3) The Air Force Reserve.
(4) The Air National Guard of the United States.
(d) PLAN
FOR FULL UTILIZATION
OF MILITARY TECHNICIANS
(DUAL STATUS).—(1) Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to Congress a plan for ensuring that, on and after September
30, 2007, all military technician positions are held only by military
technicians (dual status).
(2) The plan shall provide for achieving, by September 30,
2002, a 50 percent reduction, by conversion of positions or otherwise,
in the number of non-dual status military technicians that are
holding military technicians positions, as compared with the number
of non-dual status technicians that held military technician posi-
tions as of September 30, 1997, as specified in the report under
subsection (c).
(3) Among the alternative actions to be considered in developing
the plan, the Secretary shall consider the feasibility and cost of
each of the following:
(A) Eliminating or consolidating technician functions and
positions.
(B) Contracting with private sector sources for the perform-
ance of functions performed by military technicians.
(C) Converting non-dual status military technician posi-
tions to military technician (dual status) positions or to posi-
tions in the competitive service or, in the case of positions
of the Army National Guard of the United States or the Air
National Guard of the United States, to positions of State
employment.
(D) Use of incentives to facilitate attainment of the objec-
tives specified for the plan in paragraphs (1) and (2).
H. R. 1119—110
(4) The Secretary shall submit with the plan any recommenda-
tions for legislation that the Secretary considers necessary to carry
out the plan.
(e) DEFINITIONS FOR CATEGORIES OF MILITARY TECHNICIANS.—
In this section:
(1) The term ‘‘non-dual status military technician’’ has
the meaning given that term in section 10217 of title 10,
United States Code, as added by subsection (a).
(2) The term ‘‘military technician (dual status)’’ has the
meaning given the term in section 10216(a) of such title.
SEC. 524. REPORT ON FEASIBILITY AND DESIRABILITY OF CONVER-
SION OF AGR PERSONNEL TO MILITARY TECHNICIANS
(DUAL STATUS).
(a) REPORT REQUIRED.—Not later than January 1, 1998, the
Secretary of Defense shall submit to Congress a report on the
feasibility and desirability of conversion of AGR personnel to mili-
tary technicians (dual status). The report shall—
(1) identify advantages and disadvantages of such a conver-
sion;
(2) identify possible savings if such a conversion were to
be carried out; and
(3) set forth the recommendation of the Secretary as to
whether such a conversion should be made.
(b) AGR PERSONNEL DEFINED.—For purposes of subsection (a),
the term ‘‘AGR personnel’’ means members of the Army or Air
Force reserve components who are on active duty (other than for
training) in connection with organizing, administering, recruiting,
instructing, or training their respective reserve components.
Subtitle D—Measures To Improve Recruit
Quality and Reduce Recruit Attrition
SEC. 531. REFORM OF MILITARY RECRUITING SYSTEMS.
(a) IN GENERAL.—The Secretary of Defense shall carry out
reforms in the recruiting systems of the Army, Navy, Air Force,
and Marine Corps in order to improve the quality of new recruits
and to reduce attrition among recruits.
(b) SPECIFIC REFORMS.—As part of the reforms in military
recruiting systems to be undertaken under subsection (a), the Sec-
retary shall take the following steps:
(1) Improve the system of pre-enlistment waivers and sepa-
ration codes used for recruits by (A) revising and updating
those waivers and codes to allow more accurate and useful
data collection about those separations, and (B) prescribing
regulations to ensure that those waivers and codes are inter-
preted in a uniform manner by the military services.
(2) Develop a reliable database for (A) analyzing (at both
the Department of Defense and service-level) data on reasons
for attrition of new recruits, and (B) undertaking Department
of Defense or service-specific measures (or both) to control
and manage such attrition.
(3) Require that the Secretary of each military department
(A) adopt or strengthen incentives for recruiters to thoroughly
prescreen potential candidates for recruitment, and (B) link
H. R. 1119—111
incentives for recruiters, in part, to the ability of a recruiter
to screen out unqualified candidates before enlistment.
(4) Require that the Secretary of each military department
include as a measurement of recruiter performance the percent-
age of persons enlisted by a recruiter who complete initial
combat training or basic training.
(5) Assess trends in the number and use of waivers over
the 1991–1997 period that were issued to permit applicants
to enlist with medical or other conditions that would otherwise
be disqualifying.
(6) Require the Secretary of each military department to
implement policies and procedures (A) to ensure the prompt
separation of recruits who are unable to successfully complete
basic training, and (B) to remove those recruits from the train-
ing environment while separation proceedings are pending.
(c) REPORT.—Not later than March 31, 1998, the Secretary
shall submit to Congress a report of the trends assessed under
subsection (b)(5). The information on those trends provided in the
report shall be shown by armed force and by category of waiver.
The report shall include recommendations of the Secretary for
changing, revising, or limiting the use of waivers referred to in
that subsection.
SEC. 
532. 
IMPROVEMENTS 
IN 
MEDICAL 
PRESCREENING 
OF
APPLICANTS FOR MILITARY SERVICE.
(a) IN GENERAL.—The Secretary of Defense shall improve the
medical prescreening of applicants for entrance into the Army,
Navy, Air Force, or Marine Corps.
(b) SPECIFIC STEPS.—As part of those improvements, the Sec-
retary shall take the following steps:
(1) Require that each applicant for service in the Army,
Navy, Air Force, or Marine Corps (A) provide to the Secretary
the name of the applicant’s medical insurer and the names
of past medical providers, and (B) sign a release allowing the
Secretary to request and obtain medical records of the
applicant.
(2) Require that the forms and procedures for medical
prescreening of applicants that are used by recruiters and
by Military Entrance Processing Commands be revised so as
to ensure that medical questions are specific, unambiguous,
and tied directly to the types of medical separations most
common for recruits during basic training and follow-on train-
ing.
(3) Add medical screening tests to the examinations of
recruits carried out by Military Entrance Processing Stations,
provide more thorough medical examinations to selected groups
of applicants, or both, to the extent that the Secretary deter-
mines that to do so could be cost effective in reducing attrition
at basic training.
(4) Provide for an annual quality control assessment of
the effectiveness of the Military Entrance Processing Com-
mands in identifying medical conditions in recruits that existed
before enlistment in the Armed Forces, each such assessment
to be performed by an agency or contractor other than the
Military Entrance Processing Commands.
H. R. 1119—112
SEC. 533. IMPROVEMENTS IN PHYSICAL FITNESS OF RECRUITS.
(a) IN GENERAL.—The Secretary of Defense shall take steps
to improve the physical fitness of recruits before they enter basic
training.
(b) SPECIFIC STEPS.—As part of those improvements, the Sec-
retary shall take the following steps:
(1) Direct the Secretary of each military department to
implement programs under which new recruits who are in
the Delayed Entry Program are encouraged to participate in
physical fitness activities before reporting to basic training.
(2) Develop a range of incentives for new recruits to partici-
pate in physical fitness programs, as well as for those recruits
who improve their level of fitness while in the Delayed Entry
Program, which may include access to Department of Defense
military fitness facilities, and access to military medical facili-
ties in the case of a recruit who is injured while participating
in physical activities with recruiters or other military personnel.
(3) Evaluate whether partnerships between recruiters and
reserve components, or other innovative arrangements, could
provide a pool of qualified personnel to assist in the conduct
of physical training programs for new recruits in the Delayed
Entry Program.
Subtitle E—Military Education and
Training
PART I—OFFICER EDUCATION PROGRAMS
SEC. 541. REQUIREMENT FOR CANDIDATES FOR ADMISSION TO
UNITED STATES NAVAL ACADEMY TO TAKE OATH OF
ALLEGIANCE.
(a) REQUIREMENT.—Section 6958 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(d) To be admitted to the Naval Academy, an appointee must
take and subscribe to an oath prescribed by the Secretary of the
Navy. If a candidate for admission refuses to take and subscribe
to the prescribed oath, the candidate’s appointment is terminated.’’.
(b) EXCEPTION FOR MIDSHIPMEN FROM FOREIGN COUNTRIES.—
Section 6957 of such title is amended by adding at the end the
following new subsection:
‘‘(d) A person receiving instruction under this section is not
subject to section 6958(d) of this title.’’.
SEC. 542. SERVICE ACADEMY FOREIGN EXCHANGE PROGRAM.
(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of
title 10, United States Code, is amended by inserting after section
4344 the following new section:
‘‘§ 4345. Exchange program with foreign military academies
‘‘(a) EXCHANGE PROGRAM AUTHORIZED.—The Secretary of the
Army may permit a student enrolled at a military academy of
a foreign country to receive instruction at the Academy in exchange
for a cadet receiving instruction at that foreign military academy
pursuant to an exchange agreement entered into between the Sec-
retary and appropriate officials of the foreign country. Students
receiving instruction at the Academy under the exchange program
H. R. 1119—113
shall be in addition to persons receiving instruction at the Academy
under section 4344 of this title.
‘‘(b) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.—
An exchange agreement under this section between the Secretary
and a foreign country shall provide for the exchange of students
on a one-for-one basis each fiscal year. Not more than 10 cadets
and a comparable number of students from all foreign military
academies participating in the exchange program may be exchanged
during any fiscal year. The duration of an exchange may not exceed
the equivalent of one academic semester at the Academy.
‘‘(c) COSTS AND EXPENSES.—(1) A student from a military acad-
emy of a foreign country is not entitled to the pay, allowances,
and emoluments of a cadet by reason of attendance at the Academy
under the exchange program, and the Department of Defense may
not incur any cost of international travel required for transportation
of such a student to and from the sponsoring foreign country.
‘‘(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange,
with subsistence, transportation within the continental United
States, clothing, health care, and other services to the same extent
that the foreign country provides comparable support and services
to the exchanged cadet in that foreign country.
‘‘(3) The Academy shall bear all costs of the exchange program
from funds appropriated for the Academy. Expenditures in support
of the exchange program may not exceed $50,000 during any fiscal
year.
‘‘(d) APPLICATION
OF OTHER LAWS.—Subsections (c) and (d)
of section 4344 of this title shall apply with respect to a student
enrolled at a military academy of a foreign country while attending
the Academy under the exchange program.
‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations
to implement this section. Such regulations may include qualifica-
tion criteria and methods of selection for students of foreign military
academies to participate in the exchange program.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 4344
the following new item:
‘‘4345. Exchange program with foreign military academies.’’.
(b) NAVAL ACADEMY.—(1) Chapter 603 of title 10, United States
Code, is amended by inserting after section 6957 the following
new section:
‘‘§ 6957a. Exchange program with foreign military academies
‘‘(a) EXCHANGE PROGRAM AUTHORIZED.—The Secretary of the
Navy may permit a student enrolled at a military academy of
a foreign country to receive instruction at the Naval Academy
in exchange for a midshipman receiving instruction at that foreign
military academy pursuant to an exchange agreement entered into
between the Secretary and appropriate officials of the foreign coun-
try. Students receiving instruction at the Academy under the
exchange program shall be in addition to persons receiving instruc-
tion at the Academy under section 6957 of this title.
‘‘(b) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.—
An exchange agreement under this section between the Secretary
and a foreign country shall provide for the exchange of students
H. R. 1119—114
on a one-for-one basis each fiscal year. Not more than 10 mid-
shipmen and a comparable number of students from all foreign
military academies participating in the exchange program may
be exchanged during any fiscal year. The duration of an exchange
may not exceed the equivalent of one academic semester at the
Naval Academy.
‘‘(c) COSTS AND EXPENSES.—(1) A student from a military acad-
emy of a foreign country is not entitled to the pay, allowances,
and emoluments of a midshipman by reason of attendance at the
Naval Academy under the exchange program, and the Department
of Defense may not incur any cost of international travel required
for transportation of such a student to and from the sponsoring
foreign country.
‘‘(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange,
with subsistence, transportation within the continental United
States, clothing, health care, and other services to the same extent
that the foreign country provides comparable support and services
to the exchanged midshipman in that foreign country.
‘‘(3) The Naval Academy shall bear all costs of the exchange
program from funds appropriated for the Academy. Expenditures
in support of the exchange program may not exceed $50,000 during
any fiscal year.
‘‘(d) APPLICATION
OF OTHER LAWS.—Subsections (c) and (d)
of section 6957 of this title shall apply with respect to a student
enrolled at a military academy of a foreign country while attending
the Naval Academy under the exchange program.
‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations
to implement this section. Such regulations may include qualifica-
tion criteria and methods of selection for students of foreign military
academies to participate in the exchange program.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 6957
the following new item:
‘‘6957a. Exchange program with foreign military academies.’’.
(c) AIR FORCE ACADEMY.—(1) Chapter 903 of title 10, United
States Code, is amended by inserting after section 9344 the follow-
ing new section:
‘‘§ 9345. Exchange program with foreign military academies
‘‘(a) EXCHANGE PROGRAM AUTHORIZED.—The Secretary of the
Air Force may permit a student enrolled at a military academy
of a foreign country to receive instruction at the Air Force Academy
in exchange for an Air Force cadet receiving instruction at that
foreign military academy pursuant to an exchange agreement
entered into between the Secretary and appropriate officials of
the foreign country. Students receiving instruction at the Academy
under the exchange program shall be in addition to persons receiv-
ing instruction at the Academy under section 9344 of this title.
‘‘(b) LIMITATIONS ON NUMBER AND DURATION OF EXCHANGES.—
An exchange agreement under this section between the Secretary
and a foreign country shall provide for the exchange of students
on a one-for-one basis each fiscal year. Not more than 10 Air
Force cadets and a comparable number of students from all foreign
military academies participating in the exchange program may
be exchanged during any fiscal year. The duration of an exchange
H. R. 1119—115
may not exceed the equivalent of one academic semester at the
Air Force Academy.
‘‘(c) COSTS AND EXPENSES.—(1) A student from a military acad-
emy of a foreign country is not entitled to the pay, allowances,
and emoluments of an Air Force cadet by reason of attendance
at the Air Force Academy under the exchange program, and the
Department of Defense may not incur any cost of international
travel required for transportation of such a student to and from
the sponsoring foreign country.
‘‘(2) The Secretary may provide a student from a foreign country
under the exchange program, during the period of the exchange,
with subsistence, transportation within the continental United
States, clothing, health care, and other services to the same extent
that the foreign country provides comparable support and services
to the exchanged Air Force cadet in that foreign country.
‘‘(3) The Air Force Academy shall bear all costs of the exchange
program from funds appropriated for the Academy. Expenditures
in support of the exchange program may not exceed $50,000 during
any fiscal year.
‘‘(d) APPLICATION
OF OTHER LAWS.—Subsections (c) and (d)
of section 9344 of this title shall apply with respect to a student
enrolled at a military academy of a foreign country while attending
the Air Force Academy under the exchange program.
‘‘(e) REGULATIONS.—The Secretary shall prescribe regulations
to implement this section. Such regulations may include qualifica-
tion criteria and methods of selection for students of foreign military
academies to participate in the exchange program.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 9344
the following new item:
‘‘9345. Exchange program with foreign military academies.’’.
(d) REPEAL OF OBSOLETE LIMITATION.—Section 9353(a) of such
title is amended by striking out ‘‘After the date of the accrediting
of the Academy, the’’ and inserting in lieu thereof ‘‘The’’.
SEC. 543. REIMBURSEMENT OF EXPENSES INCURRED FOR INSTRUC-
TION AT SERVICE ACADEMIES OF PERSONS FROM FOR-
EIGN COUNTRIES.
(a) UNITED STATES MILITARY ACADEMY.—Section 4344(b) of title
10, United States Code, is amended—
(1) in paragraph (2), by striking out the period at the
end and inserting in lieu thereof the following: ‘‘, except that
the reimbursement rates may not be less than the cost to
the United States of providing such instruction, including pay,
allowances, and emoluments, to a cadet appointed from the
United States.’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) The amount of reimbursement waived under paragraph
(2) may not exceed 35 percent of the per-person reimbursement
amount otherwise required to be paid by a foreign country under
such paragraph, except in the case of not more than five persons
receiving instruction at the Academy under this section at any
one time.’’.
(b) NAVAL
ACADEMY.—Section 6957(b) of such title is
amended—
(1) in paragraph (2), by striking out the period at the
end and inserting in lieu thereof the following: ‘‘, except that
H. R. 1119—116
the reimbursement rates may not be less than the cost to
the United States of providing such instruction, including pay,
allowances, and emoluments, to a midshipman appointed from
the United States.’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) The amount of reimbursement waived under paragraph
(2) may not exceed 35 percent of the per-person reimbursement
amount otherwise required to be paid by a foreign country under
such paragraph, except in the case of not more than five persons
receiving instruction at the Naval Academy under this section at
any one time.’’.
(c) AIR FORCE ACADEMY.—Section 9344(b) of such title is
amended—
(1) in paragraph (2), by striking out the period at the
end and inserting in lieu thereof the following: ‘‘, except that
the reimbursement rates may not be less than the cost to
the United States of providing such instruction, including pay,
allowances, and emoluments, to a cadet appointed from the
United States.’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) The amount of reimbursement waived under paragraph
(2) may not exceed 35 percent of the per-person reimbursement
amount otherwise required to be paid by a foreign country under
such paragraph, except in the case of not more than five persons
receiving instruction at the Air Force Academy under this section
at any one time.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
apply with respect to students from a foreign country entering
the United States Military Academy, the United States Naval Acad-
emy, or the United States Air Force Academy on or after May
1, 1998.
SEC. 
544. 
CONTINUATION 
OF 
SUPPORT 
TO 
SENIOR 
MILITARY
COLLEGES.
(a) DEFINITION OF SENIOR MILITARY COLLEGES.—For purposes
of this section, the term ‘‘senior military colleges’’ means the
following:
(1) Texas A&M University.
(2) Norwich University.
(3) The Virginia Military Institute.
(4) The Citadel.
(5) Virginia Polytechnic Institute and State University.
(6) North Georgia College and State University.
(b) FINDINGS.—Congress finds the following:
(1) The senior military colleges consistently have provided
substantial numbers of highly qualified, long-serving leaders
to the Armed Forces.
(2) The quality of the military leaders produced by the
senior military colleges is, in part, the result of the rigorous
military environment imposed on students attending the senior
military colleges by the colleges, as well as the result of the
long-standing close support relationship between the Corps of
Cadets at each college and the Reserve Officer Training Corps
personnel at the colleges who serve as effective leadership
role models and mentors.
(3) In recognition of the quality of the young leaders pro-
duced by the senior military colleges, the Department of
H. R. 1119—117
Defense and the military services have traditionally maintained
special relationships with the colleges, including the policy
to grant active duty service in the Army to graduates of the
colleges who desire such service and who are recommended
for such service by their ROTC professors of military science.
(4) Each of the senior military colleges has demonstrated
an ability to adapt its systems and operations to changing
conditions in, and requirements of, the Armed Forces without
compromising the quality of leaders produced and without
interruption of the close relationship between the colleges and
the Department of Defense.
(c) SENSE OF CONGRESS.—In light of the findings in subsection
(b), it is the sense of Congress that—
(1) the proposed initiative of the Secretary of the Army
to end the commitment to active duty service for all graduates
of senior military colleges who desire such service and who
are recommended for such service by their ROTC professors
of military science is short-sighted and contrary to the long-
term interests of the Army;
(2) as they have in the past, the senior military colleges
can and will continue to accommodate to changing military
requirements to ensure that future graduates entering military
service continue to be officers of superb quality who are quickly
assimilated by the Armed Forces and fully prepared to make
significant contributions to the Armed Forces through extended
military careers; and
(3) decisions of the Secretary of Defense or the Secretary
of a military department that fundamentally and unilaterally
change the long-standing relationship of the Armed Forces
with the senior military colleges are not in the best interests
of the Department of Defense or the Armed Forces and are
patently unfair to students who made decisions to enroll in
the senior military colleges on the basis of existing Department
and Armed Forces policy.
(d) 
CONTINUATION
OF
SUPPORT
FOR
SENIOR
MILITARY
COLLEGES.—Section 2111a of title 10, United States Code, is
amended—
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new sub-
sections:
‘‘(d) TERMINATION OR REDUCTION OF PROGRAM PROHIBITED.—
The Secretary of Defense and the Secretaries of the military depart-
ments may not take or authorize any action to terminate or reduce
a unit of the Senior Reserve Officers’ Training Corps at a senior
military college unless the termination or reduction is specifically
requested by the college.
‘‘(e) ASSIGNMENT TO ACTIVE DUTY.—(1) The Secretary of the
Army shall ensure that a graduate of a senior military college
who desires to serve as a commissioned officer on active duty
upon graduation from the college, who is medically and physically
qualified for active duty, and who is recommended for such duty
by the professor of military science at the college, shall be assigned
to active duty. This paragraph shall apply to a member of the
program at a senior military college who graduates from the college
after March 31, 1997.
‘‘(2) Nothing in this section shall be construed to prohibit the
Secretary of the Army from requiring a member of the program
H. R. 1119—118
who graduates from a senior military college to serve on active
duty.’’.
(e) TECHNICAL CORRECTIONS.—Subsection (f) of such section,
as redesignated by subsection (d)(1), is amended—
(1) in paragraph (2), by striking out ‘‘College’’ and inserting
in lieu thereof ‘‘University’’; and
(2) in paragraph (6), by inserting before the period the
following: ‘‘and State University’’.
(f) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:
‘‘§ 2111a. Support for senior military colleges’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 103 of title 10, United States Code,
is amended to read as follows:
‘‘2111a. Support for senior military colleges.’’.
SEC. 545. REPORT ON MAKING UNITED STATES NATIONALS ELIGIBLE
FOR PARTICIPATION IN SENIOR RESERVE OFFICERS’
TRAINING CORPS.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committee on National Security of the House of Representatives
and the Committee on Armed Services of the Senate a report
on the utility of permitting United States nationals to participate
in the Senior Reserve Officers’ Training Corps program.
(b) REQUIRED INFORMATION.—The Secretary shall include in
the report the following information:
(1) A brief history of the prior admission of United States
nationals to the Senior Reserve Officers’ Training Corps, includ-
ing the success rate of these cadets and midshipmen and how
that rate compared to the average success rate of cadets and
midshipmen during that same period.
(2) The advantages of permitting United States nationals
to participate in the Senior Reserve Officers’ Training Corps
program.
(3) The disadvantages of permitting United States nationals
to participate in the Senior Reserve Officers’ Training Corps
program.
(4) The incremental cost of including United States nation-
als in the Senior Reserve Officers’ Training Corps.
(5) Methods of minimizing the risk that United States
nationals admitted to the Senior Reserve Officers’ Training
Corps would be later disqualified because of ineligibility for
United States citizenship.
(6) The recommendations of the Secretary on whether
United States nationals should be eligible to participate in
the Senior Reserve Officers’ Training Corps program, and if
so, a legislative proposal which would, if enacted, achieve that
result.
SEC. 546. COORDINATION OF ESTABLISHMENT AND MAINTENANCE OF
JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNITS TO
MAXIMIZE ENROLLMENT AND ENHANCE EFFICIENCY.
(a) REQUIREMENT.—Chapter 102 of title 10, United States Code,
is amended by adding at the end the following new section:
H. R. 1119—119
‘‘§ 2032. Responsibility of the Secretaries of the military
departments 
to 
maximize 
enrollment 
and
enhance efficiency
‘‘(a) COORDINATION.—The Secretary of each military depart-
ment, in establishing, maintaining, transferring, and terminating
Junior Reserve Officers’ Training Corps units under section 2031
of this title, shall do so in a coordinated manner that is designed
to maximize enrollment in the Corps and to enhance administrative
efficiency in the management of the Corps.
‘‘(b) CONSIDERATION OF NEW SCHOOL OPENINGS AND CONSOLI-
DATIONS.—In carrying out subsection (a), the Secretary of a military
department shall take into consideration—
‘‘(1) openings of new schools;
‘‘(2) consolidations of schools; and
‘‘(3) the desirability of continuing the opportunity for
participation in the Corps by participants whose continued
participation would otherwise be adversely affected by new
school openings and consolidations of schools.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2032. Responsibility of the Secretaries of the military departments to maximize
enrollment and enhance efficiency.’’.
PART II—OTHER EDUCATION MATTERS
SEC. 551. UNITED STATES NAVAL POSTGRADUATE SCHOOL.
(a) AUTHORITY TO ADMIT ENLISTED MEMBERS AS STUDENTS.—
Section 7045 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) The Secretary may permit an enlisted member of the
armed forces who is assigned to the Naval Postgraduate School
or to a nearby command to receive instruction at the Naval Post-
graduate School. Admission of enlisted members for instruction
under this paragraph shall be on a space-available basis.’’;
(2) in subsection (b)—
(A) by striking out ‘‘the students’’ and inserting in
lieu thereof ‘‘officers’’; and
(B) by adding at the end the following new sentence:
‘‘In the case of an enlisted member permitted to receive
instruction at the Postgraduate School, the Secretary of
the Navy shall charge that member only for such costs
and fees as the Secretary considers appropriate (taking
into consideration the admission of enlisted members on
a space-available basis).’’; and
(3) in subsection (c)—
(A) by striking out ‘‘officers’’ both places it appears
and inserting in lieu thereof ‘‘members’’; and
(B) by striking out ‘‘same regulations’’ and inserting
in lieu thereof ‘‘such regulations, as determined appropriate
by the Secretary of the Navy,’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of section 7045
of such title is amended to read as follows:
H. R. 1119—120
‘‘§ 7045. Officers of the other armed forces; enlisted members:
admission’’.
(2) The item relating to section 7045 in the table of sections
at the beginning of chapter 605 of such title is amended to read
as follows:
‘‘7045. Officers of the other armed forces; enlisted members: admission.’’.
(c) AMENDMENT TO REFLECT REVISED CIVIL SERVICE GRADE
STRUCTURE.—Section 7043(b) of such title is amended by striking
out ‘‘grade GS–18 of the General Schedule under section 5332
of title 5’’ and inserting in lieu thereof ‘‘level IV of the Executive
Schedule’’.
SEC. 552. COMMUNITY COLLEGE OF THE AIR FORCE.
(a) EXPANSION
OF
MEMBERS
ELIGIBLE
FOR
PROGRAM
TO
INCLUDE INSTRUCTORS AT AIR FORCE TRAINING SCHOOLS.—Section
9315 of title 10, United States Code, is amended—
(1) in subsection (a)(1), by striking out ‘‘enlisted members
of the Air Force’’ and inserting in lieu thereof ‘‘enlisted members
described in subsection (b)’’;
(2) by striking out ‘‘(b) Subject to subsection (c),’’ and insert-
ing in lieu thereof ‘‘(c)(1) Subject to paragraph (2),’’;
(3) by redesignating subsection (c) as paragraph (2) and
in that paragraph redesignating clauses (1) and (2) as clauses
(A) and (B), respectively; and
(4) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) MEMBERS ELIGIBLE FOR PROGRAMS.—Subject to such other
eligibility requirements as the Secretary concerned may prescribe,
the following members of the armed forces are eligible to participate
in programs of higher education under subsection (a)(1):
‘‘(1) Enlisted members of the Air Force.
‘‘(2) Enlisted members of the armed forces other than the
Air Force who are serving as instructors at Air Force training
schools.’’.
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) in subsection (a), by inserting ‘‘ESTABLISHMENT AND
MISSION.—’’ after ‘‘(a)’’; and
(2) in subsection (c), as redesignated by subsection (a)(2),
by inserting ‘‘CONFERRAL OF DEGREES.—’’ after ‘‘(c)’’.
(c) EFFECTIVE DATE.—Subsection (b) of section 9315 of such
title, as added by subsection (a)(4), applies with respect to enroll-
ments in the Community College of the Air Force after March
31, 1996.
SEC. 553. PRESERVATION OF ENTITLEMENT TO EDUCATIONAL ASSIST-
ANCE OF MEMBERS OF THE SELECTED RESERVE SERV-
ING ON ACTIVE DUTY IN SUPPORT OF A CONTINGENCY
OPERATION.
(a) PRESERVATION
OF
EDUCATIONAL
ASSISTANCE.—Section
16131(c)(3)(B)(i) of title 10, United States Code, is amended by
striking out ‘‘, in connection with the Persian Gulf War,’’.
(b) EXTENSION OF 10-YEAR PERIOD OF AVAILABILITY.—Section
16133(b)(4) of such title is amended—
(1) by striking out ‘‘(A)’’;
(2) by striking out ‘‘, during the Persian Gulf War,’’;
(3) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
H. R. 1119—121
(4) by striking out ‘‘(B) For the purposes’’ and all that
follows through ‘‘title 38.’’.
PART III—TRAINING OF ARMY DRILL
SERGEANTS
SEC. 556. REFORM OF ARMY DRILL SERGEANT SELECTION AND TRAIN-
ING PROCESS.
(a) IN GENERAL.—The Secretary of the Army shall reform the
process for selection and training of drill sergeants for the Army.
(b) MEASURES TO BE TAKEN.—As part of such reform, the
Secretary shall undertake the following measures (unless, in the
case of any such measure, the Secretary determines that that
measure would not result in improved effectiveness and efficiency
in the drill sergeant selection and training process):
(1) Review the overall process used by the Department
of the Army for selection of drill sergeants to determine—
(A) whether that process is providing drill sergeant
candidates in sufficient quantity and quality to meet the
needs of the training system; and
(B) whether duty as a drill sergeant is a career-enhanc-
ing assignment (or is seen by potential drill sergeant can-
didates as a career-enhancing assignment) and what steps
could be taken to ensure that such duty is in fact a career-
enhancing assignment.
(2) Incorporate into the selection process for all drill ser-
geants the views and recommendations of the officers and senior
noncommissioned officers in the chain of command of each
candidate for selection (particularly those of senior noncommis-
sioned officers) regarding the candidate’s suitability and quali-
fications to be a drill sergeant.
(3) Establish a requirement for psychological screening for
each drill sergeant candidate.
(4) Reform the psychological screening process for drill
sergeant candidates to improve the quality, depth, and rigor
of that screening process.
(5) Revise the evaluation system for drill sergeants in train-
ing to provide for a so-called ‘‘whole person’’ assessment that
gives insight into the qualifications and suitability of a drill
sergeant candidate beyond the candidate’s ability to accomplish
required performance tasks.
(6) Revise the Army military personnel records system
so that, under conditions and circumstances to be specified
in regulations prescribed by the Secretary, a drill sergeant
trainee who fails to complete the training to be a drill sergeant
and is denied graduation will not have the fact of that failure
recorded in those personnel records.
(7) Provide each drill sergeant in training with the oppor-
tunity, before or during that training, to work with new recruits
in initial entry training and to be evaluated on that opportunity.
(c) REPORT.—Not later than March 31, 1998, the Secretary
shall submit to the Committee on National Security of the House
of Representatives and the Committee on Armed Services of the
Senate a report of the reforms adopted pursuant to this section
or, in the case of any measure specified in any of paragraphs
(1) through (7) of subsection (b) that was not adopted, the rationale
why that measure was not adopted.
H. R. 1119—122
SEC. 557. TRAINING IN HUMAN RELATIONS MATTERS FOR ARMY DRILL
SERGEANT TRAINEES.
(a) IN GENERAL.—(1) Chapter 401 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 4318. Drill sergeant trainees: human relations training
‘‘(a) HUMAN RELATIONS TRAINING REQUIRED.—The Secretary
of the Army shall include as part of the training program for
drill sergeants a course in human relations. The course shall be
a minimum of two days in duration.
‘‘(b) RESOURCES.—In developing a human relations course under
this section, the Secretary shall use the capabilities and expertise
of 
the 
Defense 
Equal 
Opportunity 
Management 
Institute
(DEOMI).’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘4318. Drill sergeant trainees: human relations training.’’.
(b) EFFECTIVE DATE.—Section 4318 of title 10, United States
Code, as added by subsection (a), shall apply with respect drill
sergeant trainee classes that begin after the end of the 90-day
period beginning on the date of the enactment of this Act.
Subtitle F—Commission on Military
Training and Gender-Related Issues
SEC. 561. ESTABLISHMENT AND COMPOSITION OF COMMISSION.
(a) ESTABLISHMENT.—There is established a Commission on
Military Training and Gender-Related Issues to review require-
ments and restrictions regarding cross-gender relationships of mem-
bers of the Armed Forces, to review the basic training programs
of the Army, Navy, Air Force, and Marine Corps, and to make
recommendations on improvements to those programs, require-
ments, and restrictions.
(b) COMPOSITION.—(1) The commission shall be composed of
10 members, appointed as follows:
(A) Five members shall be appointed jointly by the chair-
man and ranking minority party member of the Committee
on National Security of the House of Representatives.
(B) Five members shall be appointed jointly by the chair-
man and ranking minority party member of the Committee
on Armed Services of the Senate.
(2) The members of the commission shall choose one of the
members to serve as chairman.
(3) All members of the commission shall be appointed not
later than 45 days after the date of the enactment of this Act.
(c) QUALIFICATIONS.—Members of the commission shall be
appointed from among private United States citizens with knowl-
edge and expertise in one or more of the following:
(1) Training of military personnel.
(2) Social and cultural matters affecting entrance into the
Armed Forces and affecting military service, military training,
and military readiness, such knowledge and expertise to have
been gained through recognized research, policy making and
practical experience, as demonstrated by retired military
personnel, members of the reserve components of the Armed
H. R. 1119—123
Forces, representatives from educational organizations, and
leaders from civilian industry and other Government agencies.
(3) Factors that define appropriate military job qualifica-
tions, including physical, mental, and educational factors.
(4) Combat or other theater of war operations.
(5) Organizational matters.
(6) Legal matters.
(7) Management.
(8) Gender integration matters.
(d) APPOINTMENTS.—(1) Members of the commission shall be
appointed for the life of the commission.
(2) A vacancy in the membership shall not affect the commis-
sion’s powers, but shall be filled in the same manner as the original
appointment.
SEC. 562. DUTIES.
(a) FUNCTIONS RELATING TO REQUIREMENTS AND RESTRICTIONS
REGARDING CROSS-GENDER RELATIONSHIPS.—The commission shall
consider issues relating to personal relationships of members of
the Armed Forces as follows:
(1) Review the laws, regulations, policies, directives, and
practices that govern personal relationships between men and
women in the Armed Forces and personal relationships between
members of the Armed Forces and non-military personnel of
the opposite sex.
(2) Assess the extent to which the laws, regulations, poli-
cies, and directives have been applied consistently throughout
the Armed Forces without regard to the armed force, grade,
rank, or gender of the individuals involved.
(3) Assess the reports of the independent panel, the Depart-
ment of Defense task force, and the review of existing guidance
on fraternization and adultery that have been required by
the Secretary of Defense.
(b) FUNCTIONS RELATING TO GENDER-INTEGRATED AND GENDER-
SEGREGATED BASIC TRAINING.—(1) The commission shall review
the parts of the initial entry training programs of the Army, Navy,
Air Force, and Marine Corps that constitute the basic training
of new recruits (in this subtitle referred to as ‘‘basic training’’).
The review shall include a review of the basic training policies
and practices of each of those services with regard to gender-
integrated and gender-segregated basic training and, for each of
the services, the effectiveness of gender-integrated and gender-
segregated basic training.
(2) As part of the review under paragraph (1), the commission
shall (with respect to each of the services) take the following
measures:
(A) Determine how each service defines gender-integration
and gender-segregation in the context of basic training.
(B) Determine the historical rationales for the establish-
ment and disestablishment of gender-integrated or gender-seg-
regated basic training.
(C) Examine, with respect to each service, the current
rationale for the use of gender-integrated or gender-segregated
basic training and the rationale that was current as of the
time the service made a decision to integrate, or to segregate,
basic training by gender (or as of the time of the most recent
decision to continue to use a gender-integrated format or a
H. R. 1119—124
gender-segregated format for basic training), and, as part of
the examination, evaluate whether at the time of that decision,
the Secretary of the military department with jurisdiction over
that service had substantive reason to believe, or has since
developed data to support, that gender-integrated basic train-
ing, or gender-segregated basic training, improves the readiness
or performance of operational units.
(D) Assess whether the concept of ‘‘training as you will
fight’’ is a valid rationale for gender-integrated basic training
or whether the training requirements and objectives for basic
training are sufficiently different from those of operational units
so that such concept, when balanced against other factors relat-
ing to basic training, might not be a sufficient rationale for
gender-integrated basic training.
(E) Identify the requirements unique to each service that
could affect a decision by the Secretary concerned to adopt
a gender-integrated or gender-segregated format for basic train-
ing and assess whether the format in use by each service
has been successful in meeting those requirements.
(F) Assess, with respect to each service, the degree to
which different standards have been established, or if not estab-
lished are in fact being implemented, for males and females
in basic training for matters such as physical fitness, physical
performance (such as confidence and obstacle courses), military
skills (such as marksmanship and hand-grenade qualifications),
and nonphysical tasks required of individuals and, to the degree
that differing standards exist or are in fact being implemented,
assess the effect of the use of those differing standards.
(G) Identify the goals that each service has set forth in
regard to readiness, in light of the gender-integrated or gender-
segregated format that such service has adopted for basic train-
ing, and whether that format contributes to the readiness of
operational units.
(H) Assess the degree to which performance standards
in basic training are based on military readiness.
(I) Evaluate the policies of each of the services regarding
the assignment of adequate numbers of female drill instructors
in gender-integrated training units who can serve as role mod-
els and mentors for female trainees.
(J) Review Department of Defense and military department
efforts to objectively measure or evaluate the effectiveness of
gender-integrated basic training, as compared to gender-seg-
regated basic training, particularly with regard to the adequacy
and scope of the efforts and with regard to the relevancy
of findings to operational unit requirements, and determine
whether the Department of Defense and the military depart-
ments are capable of measuring or evaluating the effectiveness
of that training format objectively.
(K) Compare the pattern of attrition in gender-integrated
basic training units with the pattern of attrition in gender-
segregated basic training units and assess the relevancy of
the findings of such comparison.
(L) Compare the level of readiness and morale of gender-
integrated basic training units with the level of readiness and
morale of gender-segregated units, and assess the relevancy
of the findings of such comparison and the implications, for
readiness, of any differences found.
H. R. 1119—125
(M) Compare the experiences, policies, and practices of
the armed forces of other industrialized nations regarding gen-
der-integrated training with those of the Army, Navy, Air Force,
and Marine Corps.
(N) Review, and take into consideration, the current prac-
tices, relevant studies, and private sector training concepts
pertaining to gender-integrated training.
(O) Assess the feasibility and implications of conducting
basic training (or equivalent training) at the company level
and below through separate units for male and female recruits,
including the costs and other resource commitments required
to implement and conduct basic training in such a manner
and the implications for readiness and unit cohesion.
(P) Assess the feasibility and implications of requiring drill
instructors for basic training units to be of the same sex as
the recruits in those units if the basic training were to be
conducted as described in subparagraph (O).
(c) FUNCTIONS
RELATING
TO
BASIC
TRAINING
PROGRAMS
GENERALLY.—The commission shall review the course objectives,
structure, and length of the basic training programs of the Army,
Navy, Air Force, and Marine Corps. The commission shall also
review the relationship between those basic training objectives and
the advanced training provided in the initial entry training pro-
grams of each of those services. As part of that review, the commis-
sion shall (with respect to each of those services) take the following
measures:
(1) Determine the current end-state objectives established
for graduates of basic training, particularly in regard to—
(A) physical conditioning;
(B) technical and physical skills proficiency;
(C) knowledge;
(D) military socialization, including the inculcation of
service values and attitudes; and
(E) basic combat operational requirements.
(2) Assess whether those current end-state objectives, and
basic training itself, should be modified (in structure, length,
focus, program of instruction, training methods or otherwise)
based, in part, on the following:
(A) An assessment of the perspectives of operational
units on the quality and qualifications of the initial entry
training graduates being assigned to those units, consider-
ing in particular whether the basic training system pro-
duces graduates who arrive in operational units with an
appropriate level of skills, physical conditioning, and degree
of military socialization to meet unit requirements and
needs.
(B) An assessment of the demographics, backgrounds,
attitudes, experience, and physical fitness of new recruits
entering basic training, considering in particular the ques-
tion of whether, given the entry level demographics, edu-
cation, and background of new recruits, the basic training
systems and objectives are most efficiently and effectively
structured and conducted to produce graduates who meet
service needs.
(C) An assessment of the perspectives of personnel
who conduct basic training with regard to measures
required to improve basic training.
H. R. 1119—126
(3) Assess the extent to which the initial entry training
programs of each of the services continue, after the basic train-
ing phases of the programs, effectively to reinforce and advance
the military socialization (including the inculcation of service
values and attitudes), the physical conditioning, and the attain-
ment and improvement of knowledge and proficiency in fun-
damental military skills that are begun in basic training.
(d) RECOMMENDATIONS.—The commission shall prepare—
(1) with respect to each of the Army, Navy, Air Force,
and Marine Corps, an evaluation of gender-integrated and gen-
der-segregated basic training programs, based upon the review
under subsection (b);
(2) recommendations for such changes to the current system
of basic training as the commission considers warranted; and
(3) recommendations for such changes to laws, regulations,
policies, directives, and practices referred to in subsection (a)(1)
as the commission considers warranted.
(e) REPORTS.—(1) Not later than April 15, 1998, the commission
shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representa-
tives a report setting forth a strategic plan for the work of the
commission and the activities and initial findings of the commission.
(2) Not later than September 16, 1998, the commission shall
submit a final report to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives. The final report shall set forth the activities, find-
ings, and recommendations of the commission, including any rec-
ommendations for congressional action and administrative action
that the commission considers appropriate. The report shall specifi-
cally set forth the views of the Secretaries of the military depart-
ments regarding the matters described in subparagraphs (O) and
(P) of subsection (b)(2).
SEC. 563. ADMINISTRATIVE MATTERS.
(a) MEETINGS.—(1) The commission shall hold its first meeting
not later than 30 days after the date on which all members have
been appointed.
(2) The commission shall meet upon the call of the chairman.
(3) A majority of the members of the commission shall constitute
a quorum, but a lesser number may hold meetings.
(b) AUTHORITY
OF INDIVIDUALS TO ACT
FOR COMMISSION.—
Any member or agent of the commission may, if authorized by
the commission, take any action which the commission is authorized
to take under this title.
(c) POWERS.—(1) The commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the commission considers advisable to carry out
its duties.
(2) The commission may secure directly from the Department
of Defense and any other department or agency of the Federal
Government such information as the commission considers nec-
essary to carry out its duties. Upon the request of the chairman
of the commission, the head of a department or agency shall furnish
the requested information expeditiously to the commission.
(3) The commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
H. R. 1119—127
(d) PAY AND EXPENSES OF COMMISSION MEMBERS.—(1) Each
member of the commission who is not an employee of the Govern-
ment shall be paid at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in performing the duties of the commission.
(2) Members and personnel of the commission may travel on
aircraft, vehicles, or other conveyances of the Armed Forces when
travel is necessary in the performance of a duty of the commission
except when the cost of commercial transportation is less expensive.
(3) The members of the commission may be allowed travel
expenses, including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
commission.
(4)(A) A member of the commission who is an annuitant other-
wise covered by section 8344 or 8468 of title 5, United States
Code, by reason of membership on the commission shall not be
subject to the provisions of such section with respect to such mem-
bership.
(B) A member of the commission who is a member or former
member of a uniformed service shall not be subject to the provisions
of subsections (b) and (c) of section 5532 of such title with respect
to membership on the commission.
(e) STAFF AND ADMINISTRATIVE SUPPORT.—(1) The chairman
of the commission may, without regard to civil service laws and
regulations, appoint and terminate an executive director and up
to three additional staff members as necessary to enable the
commission to perform its duties. The chairman of the commission
may fix the compensation of the executive director and other person-
nel without regard to the provisions of chapter 51, and subchapter
III of chapter 53, of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except that the
rate of pay may not exceed the maximum rate of pay for grade
GS–15 under the General Schedule.
(2) Upon the request of the chairman of the commission, the
head of any department or agency of the Federal Government
may detail, without reimbursement, any personnel of the depart-
ment or agency to the commission to assist in carrying out its
duties. A detail of an employee shall be without interruption or
loss of civil service status or privilege.
(3) The chairman of the commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of such title.
(4) The Secretary of Defense shall furnish to the commission
such administrative and support services as may be requested
by the chairman of the commission.
SEC. 564. TERMINATION OF COMMISSION.
The commission shall terminate 60 days after the date on
which it submits the final report under section 562(e)(2).
H. R. 1119—128
SEC. 565. FUNDING.
(a) FROM DEPARTMENT OF DEFENSE APPROPRIATIONS.—Upon
the request of the chairman of the commission, the Secretary of
Defense shall make available to the commission, out of funds appro-
priated for the Department of Defense, such amounts as the commis-
sion may require to carry out its duties.
(b) PERIOD
OF AVAILABILITY.—Funds made available to the
commission shall remain available, without fiscal year limitation,
until the date on which the commission terminates.
SEC. 566. SUBSEQUENT CONSIDERATION BY CONGRESS.
After receipt of each report of the commission under section
562(e), Congress shall consider the report and, based upon the
results of the review (and such other matters as Congress considers
appropriate), consider whether to require by law that the Secretar-
ies of the military departments conduct basic training on a gender-
segregated or gender-integrated basis.
Subtitle G—Military Decorations and
Awards
SEC. 571. PURPLE HEART TO BE AWARDED ONLY TO MEMBERS OF
THE ARMED FORCES.
(a) IN GENERAL.—(1) Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 1131. Purple Heart: limitation to members of the armed
forces
‘‘The decoration known as the Purple Heart (authorized to
be awarded pursuant to Executive Order 11016) may only be
awarded to a person who is a member of the armed forces at
the time the person is killed or wounded under circumstances
otherwise qualifying that person for award of the Purple Heart.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1131. Purple Heart: limitation to members of the armed forces.’’.
(b) EFFECTIVE DATE.—Section 1131 of title 10, United States
Code, as added by subsection (a), shall apply with respect to persons
who are killed or wounded after the end of the 180-day period
beginning on the date of the enactment of this Act.
SEC. 572. ELIGIBILITY FOR ARMED FORCES EXPEDITIONARY MEDAL
FOR PARTICIPATION IN OPERATION JOINT ENDEAVOR
OR OPERATION JOINT GUARD.
(a) INCLUSION OF OPERATIONS.—For the purpose of determining
the eligibility of members and former members of the Armed Forces
for the Armed Forces Expeditionary Medal, the Secretary of Defense
shall designate participation in Operation Joint Endeavor or Oper-
ation Joint Guard in the Republic of Bosnia and Herzegovina,
and in such other areas in the region as the Secretary considers
appropriate, as service in an area that meets the general require-
ments for the award of that medal.
(b) INDIVIDUAL DETERMINATION.—The Secretary of the military
department concerned shall determine whether individual members
H. R. 1119—129
or former members of the Armed Forces who participated in Oper-
ation Joint Endeavor or Operation Joint Guard meet the individual
service requirements for award of the Armed Forces Expeditionary
Medal as established in applicable regulations. A member or former
member shall be considered to have participated in Operation Joint
Endeavor or Operation Joint Guard if the member—
(1) was deployed in the Republic of Bosnia and
Herzegovina, or in such other area in the region as the Sec-
retary of Defense considers appropriate, in direct support of
one or both of the operations;
(2) served on board a United States naval vessel operating
in the Adriatic Sea in direct support of one or both of the
operations; or
(3) operated in airspace above the Republic of Bosnia and
Herzegovina, or in such other area in the region as the Sec-
retary of Defense considers appropriate, while the operations
were in effect.
(c) OPERATIONS DEFINED.—For purposes of this section:
(1) The term ‘‘Operation Joint Endeavor’’ means operations
of the United States Armed Forces conducted in the Republic
of Bosnia and Herzegovina during the period beginning on
November 20, 1995, and ending on December 20, 1996, to
assist in implementing the General Framework Agreement and
Associated Annexes, initialed on November 21, 1995, in Dayton,
Ohio.
(2) The term ‘‘Operation Joint Guard’’ means operations
of the United States Armed Forces conducted in the Republic
of Bosnia and Herzegovina as a successor to Operation Joint
Endeavor during the period beginning on December 20, 1996,
and ending on such date as the Secretary of Defense may
designate.
SEC. 573. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO SPECIFIED PERSONS.
(a) WAIVER OF TIME LIMITATION.—Any limitation established
by law or policy for the time within which a recommendation
for the award of a military decoration or award must be submitted
shall not apply in the case of awards of decorations described
in subsections (b), (c), and (d), the award of each such decoration
having been determined by the Secretary of the military department
concerned to be warranted in accordance with section 1130 of title
10, United States Code.
(b) SILVER STAR MEDAL.—Subsection (a) applies to the award
of the Silver Star Medal as follows:
(1) To Joseph M. Moll, Jr. of Milford, New Jersey, for
service during World War II.
(2) To Philip Yolinsky of Hollywood, Florida, for service
during the Korean Conflict.
(3) To Robert Norman of Reno, Nevada, for service during
World War II.
(c) NAVY AND MARINE CORPS MEDAL.—Subsection (a) applies
to the award of the Navy and Marine Corps Medal to Gary A.
Gruenwald of Damascus, Maryland, for service in Tunisia in October
1977.
(d) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to
awards of the Distinguished Flying Cross for service during World
War II or Korea (including multiple awards to the same individual)
H. R. 1119—130
in the case of each individual concerning whom the Secretary of
the Navy (or an officer of the Navy acting on behalf of the Secretary)
submitted to the Committee on National Security of the House
of Representatives and the Committee on Armed Services of the
Senate, before the date of the enactment of this Act, a notice
as provided in section 1130(b) of title 10, United States Code,
that the award of the Distinguished Flying Cross to that individual
is warranted and that a waiver of time restrictions prescribed
by law for recommendation for such award is recommended.
SEC. 574. CLARIFICATION OF ELIGIBILITY OF MEMBERS OF READY
RESERVE FOR AWARD OF SERVICE MEDAL FOR HEROISM.
(a) SOLDIER’S MEDAL.—Section 3750(a) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The authority in paragraph (1) includes authority to award
the medal to a member of the Ready Reserve who was not in
a duty status defined in section 101(d) of this title when the member
distinguished himself by heroism.’’.
(b) NAVY AND MARINE CORPS MEDAL.—Section 6246 of such
title is amended—
(1) by designating the text of the section as subsection
(a); and
(2) by adding at the end the following new subsection:
‘‘(b) The authority in subsection (a) includes authority to award
the medal to a member of the Ready Reserve who was not in
a duty status defined in section 101(d) of this title when the member
distinguished himself by heroism.’’.
(c) AIRMAN’S
MEDAL.—Section 8750(a) of such title is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The authority in paragraph (1) includes authority to award
the medal to a member of the Ready Reserve who was not in
a duty status defined in section 101(d) of this title when the member
distinguished himself by heroism.’’.
SEC. 575. ONE-YEAR EXTENSION OF PERIOD FOR RECEIPT OF REC-
OMMENDATIONS FOR DECORATIONS AND AWARDS FOR
CERTAIN MILITARY INTELLIGENCE PERSONNEL.
Section 523(b)(1) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 311; 10 U.S.C.
1130 note) is amended by striking out ‘‘during the one-year period
beginning on the date of the enactment of this Act’’ and inserting
in lieu thereof ‘‘during the period beginning on February 10, 1996,
and ending on February 9, 1998’’.
SEC. 576. ELIGIBILITY OF CERTAIN WORLD WAR II MILITARY
ORGANIZATIONS FOR AWARD OF UNIT DECORATIONS.
(a) AUTHORITY.—A unit decoration may be awarded for any
unit or other organization of the Armed Forces (such as the Military
Intelligence Service of the Army) that (1) supported the planning
or execution of combat operations during World War II primarily
through unit personnel who were attached to other units of the
Armed Forces or of other allied armed forces, and (2) is not other-
wise eligible for award of the decoration by reason of not usually
having been deployed as a unit in support of such operations.
H. R. 1119—131
(b) TIME
FOR SUBMISSION
OF RECOMMENDATION.—Any rec-
ommendation for award of a unit decoration under subsection (a)
shall be submitted to the Secretary concerned (as defined in section
101(a)(9) of title 10, United States Code), or to such other official
as the Secretary concerned may designate, not later than two years
after the date of the enactment of this Act.
SEC. 577. RETROACTIVITY OF MEDAL OF HONOR SPECIAL PENSION.
(a) ENTITLEMENT.—In the case of Vernon J. Baker, Edward
A. Carter, Junior, and Charles L. Thomas, who were awarded
the Medal of Honor pursuant to section 561 of Public Law 104–
201 (110 Stat. 2529) and whose names have been entered and
recorded on the Army, Navy, Air Force, and Coast Guard Medal
of Honor Roll, the entitlement of those persons to the special pension
provided under section 1562 of title 38, United States Code (and
antecedent provisions of law), shall be effective as follows:
(1) In the case of Vernon J. Baker, for months that begin
after April 1945.
(2) In the case of Edward A. Carter, Junior, for months
that begin after March 1945.
(3) In the case of Charles L. Thomas, for months that
begin after December 1944.
(b) AMOUNT.—The amount of the special pension payable under
subsection (a) for a month beginning before the date of the enact-
ment of this Act shall be the amount of the special pension provided
by law for that month for persons entered and recorded on the
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
(or an antecedent Medal of Honor Roll required by law).
(c) PAYMENT TO NEXT OF KIN.—In the case of a person referred
to in subsection (a) who died before receiving full payment of
the pension pursuant to this section, the Secretary of Veterans
Affairs shall pay the total amount of the accrued pension, upon
receipt of application for payment within one year after the date
of the enactment of this Act, to the deceased person’s spouse or,
if there is no surviving spouse, then to the deceased person’s chil-
dren, per stirpes, in equal shares.
Subtitle H—Military Justice Matters
SEC. 581. ESTABLISHMENT OF SENTENCE OF CONFINEMENT FOR LIFE
WITHOUT ELIGIBILITY FOR PAROLE.
(a) ESTABLISHMENT OF SENTENCE.—(1) Chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 856 (article 56) the following
new section (article):
‘‘§ 856a. Art. 56a. Sentence of confinement for life without
eligibility for parole
‘‘(a) For any offense for which a sentence of confinement for
life may be adjudged, a court-martial may adjudge a sentence
of confinement for life without eligibility for parole.
‘‘(b) An accused who is sentenced to confinement for life without
eligibility for parole shall be confined for the remainder of the
accused’s life unless—
‘‘(1) the sentence is set aside or otherwise modified as
a result of—
H. R. 1119—132
‘‘(A) action taken by the convening authority, the Sec-
retary concerned, or another person authorized to act under
section 860 of this title (article 60); or
‘‘(B) any other action taken during post-trial procedure
and review under any other provision of subchapter IX;
‘‘(2) the sentence is set aside or otherwise modified as
a result of action taken by a Court of Criminal Appeals, the
Court of Appeals for the Armed Forces, or the Supreme Court;
or
‘‘(3) the accused is pardoned.’’.
(2) The table of sections at the beginning of subchapter VIII
of such chapter is amended by inserting after the item relating
to section 856 (article 56) the following new item:
‘‘856a. 56a. Sentence of confinement for life without eligibility for parole.’’.
(b) EFFECTIVE DATE.—Section 856a of title 10, United States
Code (article 56a of the Uniform Code of Military Justice), as
added by subsection (a), shall be applicable only with respect to
an offense committed after the date of the enactment of this Act.
SEC. 582. LIMITATION ON APPEAL OF DENIAL OF PAROLE FOR
OFFENDERS SERVING LIFE SENTENCE.
(a) EXCLUSIVE AUTHORITY TO GRANT PAROLE ON APPEAL OF
DENIAL.—Section 952 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new subsection:
‘‘(b) In a case in which parole for an offender serving a sentence
of confinement for life is denied, only the President or the Secretary
concerned may grant the offender parole on appeal of that denial.
The authority to grant parole on appeal in such a case may not
be delegated.’’.
(b) EFFECTIVE DATE.—Subsection (b) of section 952 of title
10, United States Code (as added by subsection (a)), shall apply
only with respect to any decision to deny parole made after the
date of the enactment of this Act.
Subtitle I—Other Matters
SEC. 591. SEXUAL HARASSMENT INVESTIGATIONS AND REPORTS.
(a) INVESTIGATIONS.—(1) Part II of subtitle A of title 10, United
States Code, is amended by inserting after chapter 79 the following
new chapter:
‘‘CHAPTER 80—MISCELLANEOUS INVESTIGA-
TION REQUIREMENTS AND OTHER DUTIES
‘‘Sec.
‘‘1561. Complaints of sexual harassment: investigation by commanding officers.
‘‘§ 1561. Complaints of sexual harassment: investigation by
commanding officers
‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL HARASSMENT.—
A commanding officer or officer in charge of a unit, vessel, facility,
or area of the Army, Navy, Air Force, or Marine Corps who receives
from a member of the command or a civilian employee under
the supervision of the officer a complaint alleging sexual harassment
by a member of the armed forces or a civilian employee of the
H. R. 1119—133
Department of Defense shall carry out an investigation of the
matter in accordance with this section.
‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the extent prac-
ticable, a commanding officer or officer in charge receiving such
a complaint shall, within 72 hours after receipt of the complaint—
‘‘(1) forward the complaint or a detailed description of
the allegation to the next superior officer in the chain of com-
mand who is authorized to convene a general court-martial;
‘‘(2) commence, or cause the commencement of, an inves-
tigation of the complaint; and
‘‘(3) advise the complainant of the commencement of the
investigation.
‘‘(c) DURATION OF INVESTIGATION.—To the extent practicable,
a commanding officer or officer in charge receiving such a complaint
shall ensure that the investigation of the complaint is completed
not later than 14 days after the date on which the investigation
is commenced.
‘‘(d) REPORT ON INVESTIGATION.—To the extent practicable, a
commanding officer or officer in charge receiving such a complaint
shall—
‘‘(1) submit a final report on the results of the investigation,
including any action taken as a result of the investigation,
to the next superior officer referred to in subsection (b)(1)
within 20 days after the date on which the investigation is
commenced; or
‘‘(2) submit a report on the progress made in completing
the investigation to the next superior officer referred to in
subsection (b)(1) within 20 days after the date on which the
investigation is commenced and every 14 days thereafter until
the investigation is completed and, upon completion of the
investigation, then submit a final report on the results of the
investigation, including any action taken as a result of the
investigation, to that next superior officer.
‘‘(e) SEXUAL HARASSMENT DEFINED.—In this section, the term
‘sexual harassment’ means any of the following:
‘‘(1) Conduct (constituting a form of sex discrimination)
that—
‘‘(A) involves unwelcome sexual advances, requests for
sexual favors, and deliberate or repeated offensive com-
ments or gestures of a sexual nature when—
‘‘(i) submission to such conduct is made either
explicitly or implicitly a term or condition of a person’s
job, pay, or career;
‘‘(ii) submission to or rejection of such conduct
by a person is used as a basis for career or employment
decisions affecting that person; or
‘‘(iii) such conduct has the purpose or effect of
unreasonably interfering with an individual’s work
performance or creates an intimidating, hostile, or
offensive working environment; and
‘‘(B) is so severe or pervasive that a reasonable person
would perceive, and the victim does perceive, the work
environment as hostile or offensive.
‘‘(2) Any use or condonation, by any person in a supervisory
or command position, of any form of sexual behavior to control,
influence, or affect the career, pay, or job of a member of
H. R. 1119—134
the armed forces or a civilian employee of the Department
of Defense.
‘‘(3) Any deliberate or repeated unwelcome verbal comment
or gesture of a sexual nature in the workplace by any member
of the armed forces or civilian employee of the Department
of Defense.’’.
(2) The tables of chapters at the beginning of subtitle A, and
at the beginning of part II of subtitle A, of such title are amended
by inserting after the item relating to chapter 79 the following
new item:
‘‘80. Miscellaneous Investigation Requirements and Other Duties ....... 1561’’.
(b) REPORTS.—(1) Not later than January 1 of each of 1998
and 1999, each officer receiving a complaint forwarded in accordance
with section 1561(b) of title 10, United States Code, as added
by subsection (a), during the preceding year shall submit to the
Secretary of the military department concerned a report on all
such complaints and the investigations of such complaints (including
the results of the investigations, in cases of investigations completed
during such preceding year).
(2)(A) Not later than March 1 of each of 1998 and 1999, each
Secretary receiving a report under paragraph (1) for a year shall
submit to the Secretary of Defense a report on all such reports
so received.
(B) Not later than April 1 following receipt of a report for
a year under subparagraph (A), the Secretary of Defense shall
transmit to Congress all such reports received for the year under
subparagraph (A) together with the Secretary’s assessment of each
such report.
SEC. 592. SENSE OF THE SENATE REGARDING STUDY OF MATTERS
RELATING TO GENDER EQUITY IN THE ARMED FORCES.
(a) FINDINGS.—The Senate makes the following findings:
(1) In the all-volunteer force, women play an integral role
in the Armed Forces.
(2) With increasing numbers of women in the Armed
Forces, questions arise concerning inequalities, and perceived
inequalities, between the treatment of men and women in the
Armed Forces.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the Comptroller General should—
(1) conduct a study on any inequality, or perception of
inequality, in the treatment of men and women in the Armed
Forces that arises out of the statutes and regulations governing
the Armed Forces; and
(2) submit to the Senate a report on the study not later
than one year after the date of the enactment of this Act.
SEC. 593. AUTHORITY FOR PERSONNEL TO PARTICIPATE IN MANAGE-
MENT OF CERTAIN NON-FEDERAL ENTITIES.
(a) MILITARY PERSONNEL.—(1) Chapter 53 of title 10, United
States Code, is amended by inserting after section 1032 the follow-
ing new section:
‘‘§ 1033. Participation in management of specified non-Fed-
eral entities: authorized activities
‘‘(a) AUTHORIZATION.—The Secretary concerned may authorize
a member of the armed forces under the Secretary’s jurisdiction