330
(1) The expected duration and annual costs of
the various elements of that operation.
(2) The political and military objectives associ-
ated with that operation.
(3) The contributions (both in-kind and actual)
by other nations to the costs of conducting that oper-
ation.
(4) A description of alternative approaches to ac-
complishing the mission of that operation that are de-
signed to limit the scope and cost of accomplishing
that mission while maintaining mission success.
(5) A comprehensive discussion of the political
and military objectives and initiatives that the De-
partment of Defense has pursued, and intends to pur-
sue, in order to reduce United States involvement in
that operation.
(6) A detailed presentation of significant Iraqi
military activity (including specific violations of the
no-fly zone) determined to jeopardize the security of
the Shiite population in southern Iraq.
(d) TERMINATION OF REPORT REQUIREMENT.—The
requirement under subsection (a) shall cease to apply with
respect to an operation named in that subsection upon the
termination of United States involvement in that operation.
(e) DEFINITIONS.—For purposes of this section:
331
(1) OPERATION ENHANCED SOUTHERN WATCH.—
The term ‘‘Operation Enhanced Southern Watch’’
means the operation of the Department of Defense
that as of October 30, 1995, is designated as Oper-
ation Enhanced Southern Watch.
(2) OPERATION PROVIDE COMFORT.—The term
‘‘Operation Provide Comfort’’ means the operation of
the Department of Defense that as of October 30,
1995, is designated as Operation Provide Comfort.
SEC. 1022. REPORT ON PROTECTION OF NATIONAL INFOR-
MATION INFRASTRUCTURE.
(a) REPORT REQUIREMENT.—Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress a report setting forth the national
policy on protecting the national information infrastruc-
ture against strategic attacks.
(b) MATTERS TO BE INCLUDED.—The report shall in-
clude the following:
(1) A description of the national policy and
plans to meet essential Government and civilian
needs during a national security emergency associ-
ated with a strategic attack on elements of the na-
tional infrastructure the functioning of which depend
on networked computer systems.
332
(2) The identification of information infrastruc-
ture functions that must be performed during such an
emergency.
(3) The assignment of responsibilities to Federal
departments and agencies, and a description of the
roles of Government and industry, relating to indica-
tions and warning of, assessment of, response to, and
reconstitution after, potential strategic attacks on the
critical national infrastructures described under
paragraph (1).
(c) OUTSTANDING ISSUES.—The report shall also iden-
tify any outstanding issues in need of further study and
resolution, such as technology and funding shortfalls, and
legal and regulatory considerations.
SEC. 1023. REPORT ON WITNESS INTERVIEW PROCEDURES
FOR DEPARTMENT OF DEFENSE CRIMINAL IN-
VESTIGATIONS.
(a) SURVEY OF MILITARY DEPARTMENT POLICIES AND
PRACTICES.—The Comptroller General of the United States
shall conduct a survey of the policies and practices of the
military criminal investigative organizations with respect
to the manner in which interviews of suspects and witnesses
are conducted in connection with criminal investigations.
The purpose of the survey shall be to ascertain whether or
not investigators and agents from those organizations en-
333
gage in illegal, unnecessary, or inappropriate harassment
and intimidation of individuals being interviewed.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
submit to the Committee on National Security of the House
of Representatives and the Committee on Armed Services
of the Senate a report concerning the survey under sub-
section (a). The report shall specifically address the follow-
ing:
(1) The extent to which investigators of the mili-
tary criminal investigative organizations engage in
illegal or inappropriate practices in connection with
interviews of suspects in or witnesses to crimes.
(2) The extent to which the interview policies es-
tablished by the Department of Defense directive or
service regulation are adequate to instruct and guide
investigators in the proper conduct of subject and wit-
ness interviews.
(3) The desirability and feasibility of requiring
the video and audio recording of all interviews.
(4) The desirability and feasibility of making
such recordings or written transcriptions of inter-
views, or both, available on demand to the subject or
witness interviewed.
334
(5) The extent to which existing directives or reg-
ulations specify a prohibition against the display by
agents of those organizations of weapons during inter-
views and the extent to which agents conducting
interviews inappropriately display weapons during
interviews.
(6) The extent to which existing directives or reg-
ulations forbid agents of those organizations from
making judgmental statements during interviews re-
garding the guilt of the interviewee or the con-
sequences of failing to cooperate with investigators,
and the extent to which agents conducting interviews
nevertheless engage in such practices.
(7) Any recommendation for legislation to ensure
that investigators and agents of the military criminal
investigative organizations use legal and proper tac-
tics during interviews in connection with Department
of Defense criminal investigations.
(c) RESULTS
OF INTERVIEWS
AND SURVEYS.—The
Comptroller General shall include in the report under sub-
section (b) the results of interviews and surveys conducted
under subsection (a) with persons who were witnesses or
subjects in investigations conducted by military criminal
investigative organizations.
335
(d) DEFINITION.—For the purposes of this section, the
term ‘‘military criminal investigative organization’’ means
any of the following:
(1) The Army Criminal Investigation Command.
(2) The Air Force Office of Special Investiga-
tions.
(3) The Naval Criminal Investigative Service.
(4) The Defense Criminal Investigative Service.
Subtitle C—Other Matters
SEC. 1031. INFORMATION SYSTEMS SECURITY PROGRAM.
(a) ALLOCATION.—Of the amounts appropriated for
the Department of Defense for the Defense Information In-
frastructure for each of fiscal years 1998 through 2001, the
Secretary of Defense shall allocate to an information sys-
tems security program, under a separate program element,
amounts as follows:
(1) For fiscal year 1998, 2.5 percent.
(2) For fiscal year 1999, 3.0 percent.
(3) For fiscal year 2000, 3.5 percent.
(4) For fiscal year 2001, 4.0 percent.
(b) RELATIONSHIP TO OTHER AMOUNTS.—Amounts
allocated under subsection (a) are in addition to amounts
appropriated to the National Security Agency and the De-
fense Advanced Research Projects Agency for information
security development, acquisition, and operations.
336
(c) ANNUAL REPORT.—The Secretary of Defense shall
submit to the congressional defense committee and congres-
sional intelligence committees a report not later than April
15 of each year from 1998 through 2002 that describes in-
formation security objectives of the Department of Defense,
the progress made during the previous year in meeting those
objectives, and plans of the Secretary with respect to meet-
ing those objectives for the next fiscal year.
SEC. 1032. AVIATION AND VESSEL WAR RISK INSURANCE.
(a) AVIATION RISK INSURANCE.—(1) Chapter 931 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 9514. Indemnification of Department of Transpor-
tation for losses covered by defense-relat-
ed aviation insurance
‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the
event of a loss that is covered by defense-related aviation
insurance, the Secretary of Defense shall promptly indem-
nify the Secretary of Transportation for the amount of the
loss. The Secretary of Defense shall make such indemnifica-
tion—
‘‘(1) in the case of a claim for the loss of an air-
craft hull, not later than 30 days following the date
of the presentment of the claim to the Secretary of
Transportation; and
337
‘‘(2) in the case of any other claim, not later
than 180 days after the date on which the claim is
determined by the Secretary of Transportation to be
payable.
‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM-
NITY.—The Secretary may pay an indemnity described in
subsection (a) from any funds available to the Department
of Defense for operation and maintenance, and such sums
as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of
Transportation for such purpose.
‘‘(c) NOTICE TO CONGRESS.—In the event of a loss that
is covered by defense-related aviation insurance in the case
of an incident in which the covered loss is (or is expected
to be) in an amount in excess of $1,000,000, the Secretary
of Defense shall submit to Congress—
‘‘(1) notification of the loss as soon after the oc-
currence of the loss as possible and in no event more
than 30 days after the date of the loss; and
‘‘(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and
showing with respect to losses arising from such inci-
dent the total amount expended to cover such losses,
the source of those funds, pending litigation, and esti-
mated total cost to the Government.
338
‘‘(d) IMPLEMENTING MATTERS.—(1) Payment of in-
demnification under this section is not subject to section
2214 or 2215 of this title or any other provision of law
requiring notification to Congress before funds may be
transferred.
‘‘(2) Consolidation of claims arising from the same in-
cident is not required before indemnification of the Sec-
retary of Transportation for payment of a claim may be
made under this section.
‘‘(e) CONSTRUCTION WITH OTHER TRANSFER AU-
THORITY.—Authority to transfer funds under this section
is in addition to any other authority provided by law to
transfer funds (whether enacted before, on, or after the date
of the enactment of this section) and is not subject to any
dollar limitation or notification requirement contained in
any other such authority to transfer funds.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) DEFENSE-RELATED AVIATION INSURANCE.—
The term ‘defense-related aviation insurance’ means
aviation insurance and reinsurance provided through
policies issued by the Secretary of Transportation
under chapter 443 of title 49 that pursuant to section
44305(b) of that title is provided by that Secretary
without premium at the request of the Secretary of
Defense and is covered by an indemnity agreement
339
between the Secretary of Transportation and the Sec-
retary of Defense.
‘‘(2) LOSS.—The term ‘loss’ includes damage to
or destruction of property, personal injury or death,
and other liabilities and expenses covered by the de-
fense-related aviation insurance.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘9514. Indemnification of Department of Transportation for losses covered by de-
fense-related aviation insurance.’’.
(b) VESSEL WAR RISK INSURANCE.—(1) Chapter 157
of title 10, United States Code, is amended by adding after
section 2644, as added by section 364(a), the following new
section:
‘‘§ 2645. Indemnification of Department of Transpor-
tation for losses covered by vessel war risk
insurance
‘‘(a) PROMPT INDEMNIFICATION REQUIRED.—In the
event of a loss that is covered by vessel war risk insurance,
the Secretary of Defense shall promptly indemnify the Sec-
retary of Transportation for the amount of the loss. The
Secretary of Defense shall make such indemnification—
‘‘(1) in the case of a claim for a loss to a vessel,
not later than 90 days following the date of the adju-
dication or settlement of the claim by the Secretary
of Transportation; and
340
‘‘(2) in the case of any other claim, not later
than 180 days after the date on which the claim is
determined by the Secretary of Transportation to be
payable.
‘‘(b) SOURCE OF FUNDS FOR PAYMENT OF INDEM-
NITY.—The Secretary may pay an indemnity described in
subsection (a) from any funds available to the Department
of Defense for operation and maintenance, and such sums
as may be necessary for payment of such indemnity are
hereby authorized to be transferred to the Secretary of
Transportation for such purpose.
‘‘(c) DEPOSIT OF FUNDS.—(1) Any amount trans-
ferred to the Secretary of Transportation under this section
shall be deposited in, and merged with amounts in, the Ves-
sel War Risk Insurance Fund as provided in the second
sentence of section 1208(a) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1288(a)).
‘‘(2) In this subsection, the term ‘Vessel War Risk In-
surance Fund’ means the insurance fund referred to in the
first sentence of section 1208(a) of the Merchant Marine Act,
1936 (46 U.S.C. App. 1288(a)).
‘‘(d) NOTICE TO CONGRESS.—In the event of a loss
that is covered by vessel war risk insurance in the case of
an incident in which the covered loss is (or is expected to
341
be) in an amount in excess of $1,000,000, the Secretary of
Defense shall submit to Congress—
‘‘(1) notification of the loss as soon after the oc-
currence of the loss as possible and in no event more
than 30 days after the date of the loss; and
‘‘(2) semiannual reports thereafter updating the
information submitted under paragraph (1) and
showing with respect to losses arising from such inci-
dent the total amount expended to cover such losses,
the source of such funds, pending litigation, and esti-
mated total cost to the Government.
‘‘(e) IMPLEMENTING MATTERS.—(1) Payment of in-
demnification under this section is not subject to section
2214 or 2215 of this title or any other provision of law
requiring notification to Congress before funds may be
transferred.
‘‘(2) Consolidation of claims arising from the same in-
cident is not required before indemnification of the Sec-
retary of Transportation for payment of a claim may be
made under this section.
‘‘(f) CONSTRUCTION WITH OTHER TRANSFER AU-
THORITY.—Authority to transfer funds under this section
is in addition to any other authority provided by law to
transfer funds (whether enacted before, on, or after the date
of the enactment of this section) and is not subject to any
342
dollar limitation or notification requirement contained in
any other such authority to transfer funds.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) VESSEL WAR RISK INSURANCE.—The term
‘vessel war risk insurance’ means insurance and rein-
surance provided through policies issued by the Sec-
retary of Transportation under title XII of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1281 et
seq.), that is provided by that Secretary without pre-
mium at the request of the Secretary of Defense and
is covered by an indemnity agreement between the
Secretary of Transportation and the Secretary of De-
fense.
‘‘(2) LOSS.—The term ‘loss’ includes damage to
or destruction of property, personal injury or death,
and other liabilities and expenses covered by the vessel
war risk insurance.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding after the item relating to section
2644, as added by section 364(c)(3), the following new item:
‘‘2645. Indemnification of Department of Transportation for losses covered by ves-
sel war risk insurance.’’.
SEC. 1033. AIRCRAFT ACCIDENT INVESTIGATION BOARDS.
(a) INDEPENDENCE AND OBJECTIVITY OF BOARDS.—
(1) Chapter 134 of title 10, United States Code, is amended
by adding at the end the following new section:
343
‘‘§ 2255. Aircraft accident investigation boards: inde-
pendence and objectivity
‘‘(a) REQUIRED MEMBERSHIP OF BOARDS.—Whenever
the Secretary of a military department convenes a aircraft
accident investigation board to conduct an accident inves-
tigation of an accident involving an aircraft under the ju-
risdiction of the Secretary, the Secretary shall select the
membership of the board so that—
‘‘(1) a majority of the voting members of the
board are selected from units outside the chain of
command of the mishap unit; and
‘‘(2) at least one voting member of the board is
an officer or an employee assigned to the relevant
service safety center.
‘‘(b) DETERMINATION
OF
UNITS
OUTSIDE
SAME
CHAIN OF COMMAND.—For purposes of this section, a unit
shall be considered to be outside the chain of command of
another unit if the two units do not have a common com-
mander in their respective chains of command below a posi-
tion for which the authorized grade is major general or rear
admiral.
‘‘(c) MISHAP UNIT DEFINED.—In this section, the
term ‘mishap unit’, with respect to an aircraft accident in-
vestigation, means the unit of the armed forces (at the
squadron level or equivalent) to which was assigned the
344
flight crew of the aircraft that sustained the accident that
is the subject of the investigation.
‘‘(d) SERVICE SAFETY CENTER.—For purposes of this
section, a service safety center is the single office or separate
operating agency of a military department that has respon-
sibility for the management of aviation safety matters for
that military department.’’.
(2) The table of sections at the beginning of subchapter
II of such chapter is amended by adding at the end the
following new item:
‘‘2255. Aircraft accident investigation boards: independence and objectivity.’’.
(b) EFFECTIVE DATE.—Section 2255 of title 10, Unit-
ed States Code, as added by subsection (a), shall apply with
respect to any aircraft accident investigation board con-
vened by the Secretary of a military department after the
end of the six-month period beginning on the date of the
enactment of this Act.
SEC. 1034. AUTHORITY FOR USE OF APPROPRIATED FUNDS
FOR RECRUITING FUNCTIONS.
(a) AUTHORITY.—Chapter 31 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 520c. Recruiting functions: use of funds
‘‘Under regulations prescribed by the Secretary con-
cerned, funds appropriated to the Department of Defense
345
may be expended for small meals and snacks during recruit-
ing functions for the following persons:
‘‘(1) Persons who have entered the Delayed
Entry Program under section 513 of this title and
other persons who are the subject of recruiting efforts.
‘‘(2) Persons in communities who assist the mili-
tary departments in recruiting efforts.
‘‘(3) Military or civilian personnel whose attend-
ance at such functions is mandatory.
‘‘(4) Other persons whose presence at recruiting
functions will contribute to recruiting efforts.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘520c. Recruiting functions: use of funds.’’.
SEC. 1035. AUTHORITY FOR AWARD OF MEDAL OF HONOR
TO CERTAIN AFRICAN AMERICAN SOLDIERS
WHO SERVED DURING WORLD WAR II.
(a) INAPPLICABILITY
OF TIME LIMITATIONS.—Not-
withstanding the time limitations in section 3744(b) of title
10, United States Code, or any other time limitation, the
President may award the Medal of Honor to the persons
specified in subsection (b), each of whom has been found
by the Secretary of the Army to have distinguished himself
conspicuously by gallantry and intrepidity at the risk of
346
his life above and beyond the call of duty while serving in
the United States Army during World War II.
(b) PERSONS ELIGIBLE TO RECEIVE THE MEDAL OF
HONOR.—The persons referred to in subsection (a) are the
following:
(1) Vernon J. Baker, who served as a first lieu-
tenant in the 370th Infantry Regiment, 92nd Infan-
try Division.
(2) Edward A. Carter, who served as a staff ser-
geant in the 56th Armored Infantry Battalion,
Twelfth Armored Division.
(3) John R. Fox, who served as a first lieutenant
in the 366th Infantry Regiment, 92nd Infantry Divi-
sion.
(4) Willy F. James, Jr., who served as a private
first class in 413th Infantry Regiment, 104th Infan-
try Division.
(5) Ruben Rivers, who served as a staff sergeant
in the 761st Tank Battalion.
(6) Charles L. Thomas, who served as a first
lieutenant in the 614th Tank Destroyer Battalion.
(7) George Watson, who served as a private in
the 29th Quartermaster Regiment.
347
(c) POSTHUMOUS AWARD.—The Medal of Honor may
be awarded under this section posthumously, as provided
in section 3752 of title 10, United States Code.
(d) PRIOR AWARD.—The Medal of Honor may be
awarded under this section for service for which a Distin-
guished-Service Cross, or other award, has been awarded.
SEC. 1036. COMPENSATION FOR PERSONS AWARDED PRIS-
ONER OF WAR MEDAL WHO DID NOT PRE-
VIOUSLY RECEIVE COMPENSATION AS A PRIS-
ONER OF WAR.
(a) AUTHORITY TO MAKE PAYMENTS.—The Secretary
of the military department concerned shall make payments
in the manner provided in section 6 of the War Claims Act
of 1948 (50 U.S.C. App. 2005) to (or on behalf of) any per-
son described in subsection (b) who submits an application
for such payment in accordance with subsection (d).
(b) ELIGIBLE PERSONS.—This section applies with re-
spect to a member or former member of the Armed Forces
who—
(1) has received the prisoner of war medal under
section 1128 of title 10, United States Code; and
(2) has not previously received a payment under
section 6 of the War Claims Act of 1948 (50 U.S.C.
App. 2005) with respect to the period of internment
348
for which the person received the prisoner of war
medal.
(c) AMOUNT OF PAYMENT.—The amount of the pay-
ment to any person under this section shall be determined
based upon the provisions of section 6 of the War Claims
Act of 1948 that are applicable with respect to the period
of time during which the internment occurred for which the
person received the prisoner of war medal.
(d) ONE-YEAR PERIOD FOR SUBMISSION OF APPLICA-
TIONS.—A payment may be made by reason of this section
only in the case of a person who submits an application
to the Secretary concerned for such payment during the one-
year period beginning on the date of the enactment of this
Act. Any such application shall be submitted in such form
and manner as the Secretary may require.
SEC. 1037. GEORGE C. MARSHALL EUROPEAN CENTER FOR
STRATEGIC SECURITY STUDIES.
(a) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary
of Defense may accept, on behalf of the George C. Marshall
European Center for Security Studies, from any foreign na-
tion any contribution of money or services made by such
nation to defray the cost of, or enhance the operations of,
the George C. Marshall European Center for Security Stud-
ies. Such contributions may include guest lecturers, faculty