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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - April 27, 1995)

Text of this article available as: TXT PDF [Pages S5805-S5843] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. THURMOND (for himself and Mr. Nunn) (be request): S. 727. A bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes; to the Committee on Armed Services. the national defense authorization act for fiscal year 1996 Mr. THURMOND. Mr. President, by request, for myself and the senior Senator from Georgia [Mr. Nunn], I introduce, for appropriate reference, a bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strength for fiscal year 1996, and for other purposes. I ask unanimous consent that a letter of transmittal requesting consideration of the legislation and a section-by-section analysis explaining its purpose be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: General Counsel of the Department of Defense, Washington, DC, April 20, 1995. Hon. Albert Gore, President of the Senate, Washington, DC. Dear Mr. President: The Department of Defense proposes the enclosed draft of legislation, ``To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes.'' This legislative proposal is part of the Department of Defense legislative program for the 104th Congress and is needed to carry out [[Page S5806]] the President's budget plans for fiscal year 1996. The Office of Management and Budget advises that there is no objection to the presentation of this proposal to the Congress and that its enactment would be in accord with the program of the President. This bill provides management authority for the Department of Defense in fiscal year 1996 and makes several changes to the authorities under which we operate. These changes are designed to permit a more efficient operation of the Department of Defense. Enactment of this legislation is of great importance to the Department of Defense and the Department urges its speedy and favorable consideration. Sincerely, Judith A. Miller. ____ National Defense Authorization Act for Fiscal Year 1996 section-by-section analysis Title I--Procurement Authorization of Appropriations Section 101. Army Section 102. Navy and Marine Corps Section 103. Air Force Section 104. Defense-wide activities Section 105. Defense Inspector General Section 106. Chemical demilitarization program Section 107. Defense health program Sections 101 through 107 provide procurement authorization for the Military Departments and for Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 108. Repeal of requirement for separate budget request for procurement of reserve equipment Section 108 repeals the provisions of section 114(e) of title 10, United States Code, requiring a separate budget request for the procurement of Reserve equipment. Title II--Research, Development, Test, and Evaluation Section 201. Authorization of appropriations Section 201 provides for the authorization of each of the research, development, test, and evaluation appropriations for the Military Departments and Defense Agencies in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Title III--Operation and Maintenance Subtitle A--Authorization of Appropriations Section 301. Operation and maintenance funding Section 301 provides for authorization of the operation and maintenance appropriations of the Military Departments and Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 302. Working capital funds Section 302 authorizes appropriations for the Defense Business Operations Fund and the National Defense Salified Fund in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 303. Civilian Marksmanship Program fund Section 303 amends the provisions of section 4308 and 4313 of title 10, United States Code, relating to the Civilian Marksmanship Program, to reflect the President's Budget proposal that the Program be funded exclusively from reimbursements received in the execution of the program. Section 304. Repeal of limitations on activities of Defense Business Operations Fund Section 304 amends section 316(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal limitations on the activities of the Defense Business Operations Fund Section 305. Amendments relating to the Ready Reserve Force Component of the Ready Reserve Fleet Section 305 amends the provisions of section 2218 of title 10, United States Code, relating to the National Defense Sealift Fund, to reflect the funding for the Ready Reserve Component of the Fleet by the Department of Defense as requested in the President's budget. Subtitle B--Reserve Component Section 321. Reimbursement of pay and allowances and accountability of Reservists supporting cooperative threat reduction with States of the Former Soviet Union. This section amends section 1206 of the National Defense Authorization Act for Fiscal Year 1995, which authorizes funds for the execution of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160) by adding two new subsections. New subsection (c) would permit funds appropriated to execute programs authorized by the Cooperative Threat Reduction Act to be utilized to reimburse the military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any program authorized by this Act. The utilization of Reserve component personnel, particularly in expansion of military-to-military and defense contacts, is particularly advantageous. Permitting these funds to be used to reimburse the active military appropriations accounts removes a significant resource impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (a) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contracts and Comparable Activities. New subsection (d) would exempt members of a reserve component participating in activities or programs specified in the Cooperative Threat Reduction Act of 1993 who served over 180 days from counting against the authorized end strength for members of the armed forces on active duty under section 115(a)(1) of title 10 and against the senior grade strength limitations of sections 517 and 523 of title 10. Approval of this exemption from end strength and senior grade strength limitations removes an impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (c) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contacts and Comparable Activities. There are no additional costs associated with enacting this legislation. Section 322. Authority for Department of Defense funding for National Guard participation in joint exercises with the Army and Air Force for disaster and emergency assistance This section would authorize the Secretary of the Army and the Secretary of the Air Force to provide for personnel of the National Guard, using funds appropriated for National Guard training exercises, to participate in joint exercises with the Army and Air Force to train for disaster and emergency response, and would thus allow these personnel to participate in such exercises in a Federally paid (title 32) status under state authority. Under current law, Department of Defense funding for the National Guard may not be used for training the National Guard for disaster and emergency response. Funding for this training is the responsibility of the states and FEMA, and such training must be done in a state active duty status. This provision would authorize a limited exception to this allocation of responsibility by permitting use of Department of Defense funds and title 32 status for the Guard when engaged in joint exercises with the Army or Air Force for disaster and emergency response training. Disaster and emergency response training and exercises of the National Guard when not conducted in conjunction with the Army or the Air Force would continue to be a state and FEMA responsibility. This amendment will ensure that National Guard personnel participating in joint exercises with members of the other components of their armed forces are eligible for the same protections and benefits as their counterparts from the Army Reserve, Air Force Reserve, and Regular components with whom they are participating. It will also avoid situations where lack of state or FEMA funds preclude participation by Guard units in joint exercises and thereby undermine the efficacy of those exercises. Subtitle C--Other Matters Section 331. Aviation and vessel war risk insurance The purpose of this legislation is to provide a means for rapid payment of claims and the rapid reimbursement of the insurance funds to protect commercial carriers assisting the Executive Branch from catastrophic losses associated with the destruction or damage to aircraft or ships while supporting the national interests of the United States. Allowing the Department of Defense to transfer any and all available funds will allow the United States, in these two vital reinsurance programs, to match standard commercial insurance practice for the timely payment required by financial arrangements common in the transportation industry today. Reporting and the requirements for supplemental appropriations, if any, ensures Congressional oversight at all stages. Subsections (a) and (b) of the proposed legislation set forth the short title and the findings and purposes, respectively. Subsection (c) of the proposed legislation amends section 44305 of title 49, United States Code, by adding a new subsection (c). Subsection (c)(1) allows transfer of any funds available to the Department of Defense, regardless of the purpose of those funds. Although other authorities may exist to transfer funds, limitations as to amounts and priorities make these authorities insufficient to rapidly respond to the obligations of the Department of Defense under the current law, especially if contingencies or war-time conditions exist. Proposed language would not distinguish between types of insurance or risk, so long as the Federal Aviation Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Aviation Insurance Program, next scheduled to take place in 1997. Subsection (c)(2) provides specific time limits with which the Secretary of Defense must pay claims and reimburse the Federal Aviation Administration. Notification to Congress and the 30 day delay before transfer [[Page S5807]] required in other statutes is waived. The most important issue for the air carriers is the replacement of the hull so that they may continue operations, including supporting the requesting agency, without idling crews or having to lay off personnel due to the lack of airframes. A longer time frame is provided for other claims, such as liability to third parties, as normal claims procedures can adequately protect their interests. Subsection (c)(3) requires reports to Congress within 30 days of loss for amounts in excess of one million dollars, with periodic updates to ensure Congress is aware of amounts being transferred and paid out under the chapter 443 program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. Subsection (d) of the proposed legislation amends section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) by adding a new subsection 9c). Subsection (c)(1) authorizes the Secretary of Defense to transfer funds available to the Department to pay claims by contractors, for the damage or loss of vessels and death or injury to personnel, insured pursuant to Title XII of the Merchant Marine Act, 1936, or loss or damage associated therewith. Proposed language would not distinguish between types of insurance or risk, so long as the Maritime Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Vessel War Risk Insurance Program, next scheduled to take place before the 30 June 1995 expiration (46 App. U.S.C. Sec. 1294). Subsection (c)(2) provides specific time limits within which the Secretary of Defense must reimburse the Secretary of Transportation. Subsection (c)(3) requires reports to Congress on a periodic basis for claims paid in amounts in excess of one million dollars to ensure Congress is aware of amounts being transferred and paid out under the Title XII program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. The addition of subsection (c) to section 44305 of title 49, United States Code, and subsection (c) to section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) would allow the Department of Defense to rapidly pay claims resulting from damages or injuries caused by risks covered by the respective programs as a consequence of providing transportation to the United States when commercial insurance companies refuse to cover such risks on reasonable terms and conditions. The requirement to reimburse the Federal Aviation Administration or the Maritime Administration already exists; however, the only method for payment currently available may involve requesting supplemental appropriations from Congress. Such a process historically has taken six months or longer. Many air carriers have indicated their financial obligations may not allow them to continue to support the United States if rapid payment for losses cannot be made. Commercial aircraft insurance policies and practice require payment in less than 30 days when cause is not an issue, usually within 72 hours. If enacted, this legislation would not result in an increase in the budgetary requirements of the Department of Defense. Section 332. Testing of theater missile defense interceptors The purpose of this legislation is to eliminate the requirement to attempt complex, multi-shot-engagement scenarios with relatively immature Engineering Manufacturing Development hardware when these same scenarios must be performed with production-representative hardware during the Initial Operational Test and Evaluation (IOT) phase. The requirement to demonstrate interceptor performance under operationally realistic conditions with production- representative hardware already exists. The premature duplication of this testing will only add greater technical complexity, cost, and risk to the program and provide little if any technical value. Theater Missile Defense (TMD) interceptor performance will be performed during the Initial Operational Test and Evaluation (IOT) phase and results reported to Congress prior to the system being allowed to enter production. The Director of Operational Test and Evaluation, Office of the Secretary of Defense, will prepare and submit a Beyond Low- Rate Initial Production Report. This report will confirm that adequate testing, including multi-shot scenarios, has been completed. This testing must be conducted in operational environments and scenarios, consistent with conditions that the interceptor will be expected to operate in when fielded. Section 333. Authority to assign overseas school personnel to domestic schools and vice versa This section would authorize the Secretary of Defense to assign personnel of either the school system established under section 2164 of title 10 or the school system established by the Defense Dependents' Education Act of 1968 (title XIV of the Education Amendments of 1978; 20 U.S.C. 921 et seq.) to provide administrative, logistical, personnel, and other support services to the other system, either in addition to, or in place of, their normal duties. Such assignments may be for the period prescribed by the Secretary. Section 334. Authorization for expenditure of O and procurement funds for the accelerated architecture acquisition initiative This section amends title 10 by adding a new section 2395a the purpose of which is to allow the Central Imagery Office (CIO), as a Combat Support Agency, to expend currently- programmed O and Procurement funds to establish, implement, and deploy a worldwide imagery architecture. Having flexibility to use these funds will provide the Central Imagery Office the ability to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. In the past, numerous studies and evaluations have indicated that the United States imagery system was unable to provide required imagery support in a timely manner. The experience of Desert Shield/Desert Storm reinforced those evaluations. The Central Imagery Office was created and assigned responsibility for enhancing the ability of the military departments, Unified Commands, their components, Joint Task Forces, tactical units, and other activities to make use of all imagery assets in a timely manner. The Accelerated Architecture Acquisition Initiative is a key program through which the Central Imagery Office will develop and field systems to provide real-time access to and dissemination from existing and planned imagery collection systems (national and theater) to defend and national users worldwide, real-time access to distributed digital imagery and imagery-product archives, and enhancements to and increases in the capacity of existing Department of Defense data networks to accommodate increased requirements from the imagery assets. Critical to the success of the Accelerated Architecture Acquisition Initiative is centralized management and oversight to balance requirements to ensure successful development, procurement, and development of necessary hardware, software, communications, and services. Central Imagery Office must ensure the standardization, compatibility, and interoperability of equipment and processes to provide a worldwide system for required, timely imagery support. A key element the Accelerated Architecture Acquisition Initiative is the near-term provision to JCS- selected users of that equipment necessary to receive and use digital imagery products. The Central Imagery Office's proposal provides the express language needed in the 1996 Appropriations Act for authority to purchase and deploy hardware, software, and communications, using Central Imagery Office funds, for activities funded in the Department of Defense-funded portion of the NFIP. Without this special provision, 31 U.S.C. section 1301A would prevent the Central Imagery Office from using funds appropriated to it in the defense-wide appropriation in this manner. The Central Imagery Office will be unable to carry out its intended emission to deliver Accelerated Architecture Acquisition Initiative capabilities to the organizations that require them and to establish successfully the Accelerated Architecture Acquisition Initiative architecture worldwide. This legislation will allow for an efficient and highly flexible way for the Central Imagery Office to deploy needed capabilities during crisis and emergencies, to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. Enactment of this proposal will not increase the budgetary requirement of the Department of Defense. Section 335. Establishment of a Department of Defense Laboratory Revitalization Demonstration Program The authority would establish a test program to allow the heads of selected defense laboratories greater flexibility to undertake facilities modernization without the requirement to seek approval from higher levels. The purpose of the program is to reduce the amount of time required to upgrade research and development capabilities at Department of Defense laboratories. The provision would recognize that facilities construction in support of research and development is historically more expensive than similar-sized projects in other construction categories. For test program laboratories, the provision would raise the threshold from $1.5 million to $3.0 million for minor military construction projects that the Secretary of Defense may carry out without specific authorization in law. The provision would also raise the threshold for minor military construction projects requiring prior Secretary of Defense approval from $500,000 to $1.5 million. Finally, the provision would raise for selected laboratories the threshold from $300,000 to $1.0 million for the value of any unspecified military construction project for which operation and maintenance funds may be used. The test authority would expire on September 30, 2000. It would also require the Secretary of Defense to designate participating laboratories before the test may begin and to report to Congress on the lessons learned from the test program one year before it is terminated. Subsection (a). A healthy and responsive defense laboratory system is essential to the [[Page S5808]] national defense and security, and to foster the growth and development of new technologies having both military and civilian applications. A strong and flexible defense laboratory system, staffed by top quality scientists, technicians, and engineers, with state-of-the-art equipment and facilities is critical to meeting new and changing world threats, as well as maintaining America's technological military leadership. The ability of defense laboratories to rapidly introduce technological innovation into military systems, and to respond to technological exigencies has been significantly degraded by requirements that the laboratories conduct their facilities modernization functions under a set of complex and time consuming procedures inappropriate to laboratory operations. The inability of our laboratories and centers to modernize antiquated facilities in a prompt fashion has resulted in an ineffective and inefficient use of tax dollars. The Secretary of Defense has determined that many of the problems in the defense laboratory system stem from the application of procedures and processes to the laboratories that are inappropriate to the research and development community. The Secretary anticipates that the elimination of certain unnecessary and cumbersome restrictions would result in much more efficient and effective laboratories. The Secretary has already selected laboratories from each of the military departments to participate in a demonstration program to substantiate the hypothesis. Currently, internal procedures and regulations are being updated, streamlined, or abolished for the purpose of the demonstration program. This proposal is intended to make those legislative changes identified by the Secretary of Defense as necessary to partially implement the Demonstration Program. In implementing any authorizations in this Act that are waivers or exceptions to existing law or laws, the Secretary will assure that the basic purposes and interests of the original laws will be carried out and protected in a manner most appropriate to the research and development community. The Secretary will review and evaluate the findings of the demonstration program, and make appropriate recommendations as to the applicability of legislative changes to all Department of Defense laboratories. Subsection (b). This section is aimed at improving the research and development facility based by enhancing the process for upgrading the facilities including built-in equipment necessary for performing state-of-the-art research and development. The inherently complex nature of conducting modern research requires facilities, equipment and support infrastructure that are simply more expensive, on a unit basis, than other types of military support activity. For example, representative examples of minor facilities construction obtained from each of the three Services from their fiscal year 1993 minor military construction (MILCON) requests, show laboratory construction, expansion or reconfiguration costing, on a square foot basis, about three times what a similarly sized office building cost. Aside from meeting and responding to military crises such as Desert Storm, the very nature of the experimental process requires a rapid response to a scientific discovery. Often significant new information can be acquired by building on an existing experiment if that ``add on'' experiment can be put in place in a coherent fashion. Time is of the essence if experimental opportunities are to be maximized and efficiently exploited. Operating and maintaining a government owned research and development facility base is in the best interests of the nation for the following reasons; The Department of Defense research and development operations perform research and development activities quickly in response to operational needs. Examples of government scientists involved in the Desert Storm operation attest to the efficacy of the Department of Defense laboratory programs. Having Federal employees dedicated to defense research and development assists in assuring accurate communications and continuity of research and development assistance. The cadre of government scientists with contemporary facilities assures that government managers have knowledgeable unbiased advisors on research and development, i.e., the ``smart buyer'' model. To stay current, scientists must not only continue their academic education, but need to be actively involved in contemporary research and development. There are certain types of research and development that the government needs to maintain, due to their sensitive nature. Specific examples include chemical and biological agents, and nuclear effects. There are some types of research and development that are not accomplished in private institutions, but are necessary for military operations. Specific examples include fuzing, communications network defense, special sensors, special military related medical research, and night vision equipment. There are certain types of generic research in exotic or speculative areas which may have significant future military impact. Our laboratories, at least on a limited and selective basis, must have the ability to promptly pursue such research as opportunity dictates. Subsection (b)(1). Sections 2805 (a) and (b) (1) of title 10 were established under Public Law 97-214 and were effective October 1, 1982. This provision is available to the agency to perform minor construction which was not specified in the Military Construction requests. The dollar limitations contained in 2805 (a) and (b) of title 10 were last revised in 1991. The construction of laboratory and supporting facilities in direct support of state-of-the-art research and development historically is more expensive than similar sized projects in other construction categories. Specifically, there are unique safety, security, and operational requirements which inherently increase the cost for laboratory facilities. Increasing the limit of unspecified minor military construction to $3,000,000 for facilities in support of research, development, test, and evaluation (RDT) would allow the head of the laboratory the same relative latitude as the commander of other military programs. Subsection (b)(2). The provisions contained in section 2805(b)(2) were intended to insure proper Congressional control and oversight of the minor military construction flexibility granted to the Service Secretaries. While the provisions of this Bill would modify the dollar threshold level at which such notification to the Congress would be required for this demonstration program, an effective evaluation of this demonstration program does require an appropriate reporting function. Consequently the Department of Defense, through already existing internal mechanisms, intends to identify the scope, nature and dollar amount of the use of this authority. The Services will report to the Director of the Defense Research and Engineering at the end of each fiscal year on how this authority was utilized describing dollar amounts, sources of funds and projects undertaken. This data could be made available to the Congress as part of the evaluation of the program. Subsection (b)(3). The current provision found at section 2805(c)(1) setting a limit of $300,000 operation and maintenance funds for minor modifications and construction is appropriate for typical government office buildings, such as establishing walls and electrical outlets for an office. However, this dollar amount has been unduly restrictive for accomplishing laboratory modifications. To establish a state- of-the-art research and development environment, there are often special needs such as special ``clean room'' requirements, and special plumbing or ventilation requirements for safety equipment that cannot be met for $300,000. Raising the amount to $1,000,000 would allow the type of minor work available to most Commands but precluded to most Heads of Laboratories. Subsection (c). It is the intention of the legislation to conduct an experiment to determine the effectiveness and benefits of granting this authority. Consequently, some baseline participation must be established for comparative purposes to permit effective evaluation of the program. Subsection (d). The Department intends to document the performance and results of this program in order to effectively recommend to the Congress whether and with what changes this initiative should be made permanent. Subsection (e). This section is included to assure that the language of this Act does not limit any existing authority that may have been granted to one or more of the laboratories under this Program. Subsection (f). This section provides the definitions common to this Act. Subsection (g). This section is included to insure that appropriate recommendations are made to the Congress. Section 336. Repeal of certain depot-level maintenance provisions This section repeals sections 2466 and 2469 of chapter 146, title 10, United States Code. These sections impose limitations on the amount of depot-level maintenance of materiel that can be performed by non-federal government employees and place restrictions on changing the performance of maintenance workloads currently performed in depot level activities of the Department of Defense to other depots and to private industry. Section 2466 provides that not more than 40 percent of the funds made available in a Fiscal Year to a military department or a Defense Agency, for depot-level maintenance and repair workload may be used to contract for performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Repeal of Section 2466 will provide the Department of Defense and the military departments the needed flexibility to accomplish more than 40 percent of their depot maintenance workload by non-Federal Government employees when needed to achieve the best balance between the public and private sectors of the Defense industrial base. The repeal of Section 2466 will not increase the budgetary requirements of the Department of Defense. Section 2469 prohibits the Secretary of Defense or the Secretary of a Military Department from changing the performance of a depot-level maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change. The Department has suspended cost competitions for depot maintenance workloads because the data and cost accounting systems of the Department are not capable of determining actual costs for accomplishing specific depot [[Page S5809]] maintenance workloads in the depots. Repeal of Section 2469 will permit the Department of Defense and the military departments to shift workloads from one depot to another or to private industry as required to resize the depot maintenance infrastructure to support a smaller force structure. The repeal of section 2469 will not increase the budgetary requirements of the Department of Defense. This legislation will enable the Department to structure its organic Defense depot maintenance activities consistent with satisfying core logistics capability requirements that are based on providing effective support for national defense contingency situations and other emergencies. The proposed repeal of sections 2466 and 2469 will permit the Department of Defense to accomplish depot maintenance for weapon systems and equipment in the most cost effective and efficient manner. The Department is establishing core depot maintenance centers of excellence to retain the best quality products and services to support its combat forces. The Department's core depot maintenance concept promotes sharing of workload between Defense depots and private industry to accommodate teaming efforts and supports the best application of modern technology for accomplishing depot maintenance. The repeal of sections 2466 and 2469 will allow the Department to shift workloads from current depots to other Defense depots and to compete workloads in the private sector to achieve the lowest costs and best efficiency in support of the core depot maintenance concept. It will also enable the Department to size its depot maintenance infrastructure to best support emergency and contingency scenarios with the required levels of weapon systems readiness. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Title IV--Military Personnel Authorizations Subtitle A--Active Forces Section 401. End strengths for Active Forces Section 401 prescribes the personnel strengths for the Active Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Subtitle B--Reserve Forces Section 411. End strengths for Selected Reserve Section 411 prescribes the strengths for the selected Reserve of each reserve component of the Armed Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Section 412. End strengths for Reserves on active duty in support of the Reserves Section 412 prescribes the end strengths for reserve component members on full-time active duty or full-time National Guard duty for the purpose of administering the reserve forces. Subtitle C--Military Training Student Loads Section 421. Authorization of training student loads Section 421 provides for the average military training student loads in the numbers provided for this purpose in the President's amended budget for fiscal years 1996 and 1997. Title V--Military Personnel Policy Subtitle A--Officer Personnel Policy Section 501. Equalization of accrual of service credit for officers and enlisted members of the Armed Forces Subsection (a) amends section 972 of title 10 by combining and redrafting paragraphs (3) and (4) and by replacing ``liable'' with ``required''. These changes are intended to clarify the provision and do not make substantive change to the current law. Section 972 states that enlisted members must make up lost under certain circumstances before that time can be counted toward service for retirement. Subsection (b) amends title 10 by adding a new section 972a. The purpose of this new section is to prevent accrual of service credit to an officer of the armed forces under the following circumstances: (1) while in a deserter status; (2) while absent from duty, station, or organization for more than one day without proper authority; (3) while confined by military or civilian authorities for more than one day before, during or after trial; or (4) while unable for more than one day to perform duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from an officer's misconduct. These circumstances are the same as those under which an enlisted member is required to make up time lost under section 972 of title 10. Such time would not count in computing the officer's length of service for any purpose except the computation of basic pay under section 205 of title 37, including, but not limited to, voluntary retirement for length of service under chapters 367, 571, or 867 of title 10. Sections 3925 and 8925 of title 10 address computation of years of service for voluntary retirement by regular enlisted members of the Army and the Air Force, subject to the provisions of section 972. As noted above, section 972 states that enlisted members must make up time lost under certain circumstances before that time can be counted toward service for retirement. This made-up time ensures that the Army and the Air Force receive a full commitment based on an enlistment or induction contract. Comparable provisions relating to the Navy in chapter 571 of title 10, do not reference section 972 and do not have a provision comparable to sections 3925 and 8925. Sections 3929 and 8926 of title 10 address computation of years of service for voluntary retirement by regular and reserve commissioned officers of the Army and the Air Force. Comparable provisions relating to the Navy in chapter 571 of title 10, do not have a provision comparable to sections 3929 and 8926. Presently, there are no limitations placed on officers for actions similar to those in section 972. Officers continue to receive service credit towards retirement eligibility, higher longevity pay, and increased multiplier for retired pay purposes. At the same time, highly-qualified officers selected for early retirement cannot be extended past their mandatory retirement date to reach a pay increase point. This proposal will rectify these inequities. Subsections (c) and (e) amend sections 3926 and 8926 of title 10 to make reference to new section 972a in the same fashion that section 972 is referenced in sections 3925 and 8925 of title 10. Subsection (d) amends title 10 by adding a new section 6328 in chapter 571 to make reference to both sections 972 and 972a. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Section 502. Changes in general officer billet titles resulting from the reorganization of headquarters, Marine Corps The purpose of this legislation is to replace the current Sections 5041(b), 5044 and 5045 of Chapter 506 of title 10, United States Code, with language to reflect reorganization of Headquarters Marine Corps to more efficiently support the Commandant in his two roles as a member of the Joint Chiefs of Staff and as a Service Chief. Based on a Headquarters Marine Corps Reorganization Study, proposed changes were recommended to establish a viable organization that incorporates coherent, timely and forceful resource management and advocacy; General Officer efficiencies; and the ability to respond rapidly to emerging issues in a coordinated and comprehensive method. The following changes in general officer billet titles were proposed to more efficiently accomplish support to the Commandant: The Assistant Commandant of the Marine Corps to Vice Commandant of the Marine Corps; Deputy Chiefs of Staff of the Marine Corps to Deputy Commandants of the Marine Corps; Assistant Deputy Chiefs of Staff of the Marine Corps to Assistant Deputy Commandants of the Marine Corps; Assistant Chiefs of Staff of the Marine Corps to Assistant Commandants of the Marine Corps. This proposal will be effected at no cost to the Department of Defense or the Department of the Navy Section 503. Increase in the transition period for officers selected for early retirement Paragraphs (1) of subsections (a) and (b) would amend sections 581 and 638 of title 10, United States Code, to extend the transition period for officers selected for early retirement by three months. Under subsections 581(b) and 638(b)(1)(A) of title 10, an officer must be retired ``not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.'' Subsections (a) and (b) of this proposal would require officers selected for early retirement to be retired not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. Paragraphs (2) of subsections (a) and (b) would authorize the Secretary concerned to defer the retirement of an officer otherwise approved for early retirement under section 581, 638 or 638a of title 10 for not more than 90 days, in order to prevent a personal hardship for the officer or for other humanitarian reasons. Subsection (c) would exclude from counting for the purpose of determining authorized end strength under section 115 of title 10, those officers selected for early retirement whose mandatory retirement date has been deferred, for up to 90 days, by the Service Secretary for reason of personal hardship or other humanitarian reasons. Under current law, officers selected for early retirement have six months and some fraction of a seventh month to prepare for an involuntary transition to civilian life. In most cases, these officers have career expectations which are limited only by statutory restrictions on years of commissioned service and, therefore, are not prepared to make this sudden, unwanted transition. Many of the officers selected for early retirement must seek and attain post-military service employment, move families to retirement locations, meet current financial obligations such as mortgage payments and college tuition costs for older children and work around secondary and elementary education school schedules for younger children. Compressing these major events into a six month period is difficult, particularly if the officer is deployed or stationed overseas. Extending the transition period by three months would not only permit officers selected for early retirement to plan a more [[Page S5810]] orderly transition to civilian life while still performing in their military positions, but would also provide the Services more time in which to identify and detail reliefs for these officers while still meeting fiscal year officer end strength requirements. This proposal to increase the transition period for officers selected for early retirement by three months is a modest, but necessary change which will positively affect one of the military's most negative personnel reduction processes. While this change will not eliminate an officer's shock of being forcibly retired early from a Service, it will soften the impact for affected officers and their families who have dedicated 20 or more years of faithful and professional military service to the United States. There is no cost associated with this proposal. Selective Early Retirement Boards could be convened three months earlier to offset any net increase in total pay and allowances expended as a result of the three month extension in the transition period. Section 504. Revision in the authorized strength limitations for Air Force commissioned officers on active duty in the grade of major This section would authorize the Secretary of the Air Force to raise temporarily the ceiling on the number of majors on active duty in the Air Force by 1,100. Such statutory authority would allow the Air Force to accelerate promotion timing to meet congressional intent as expressed through the Defense Officer Personnel Management Act. This proposal will not increase the total number of commissioned officers authorized by the Air Force and will not impede planned reductions in the officer force. Section 505. Revision in the authorized strength limitations for Navy commissioned officers on active duty in grades of lieutenant commander, commander, and captain This section temporarily and uniformly raises the ceilings on the numbers of lieutenant commanders, commanders and captains on active duty in Navy by 910, 722 and 300, respectively. This temporary increase in ceilings is necessary to provide sufficient grade authorizations to maintain Unrestricted and Nurse promotion flow and opportunity within Defense Officer Personnel Management Act (DOPMA) guidelines. This temporary authority would expire on the 30th of September, 1997, by which time Navy post-draw down officer requirements and end strength will have stabilized, and a more precise determination of permanent grade table relief requirements can be made. For the long term, Navy requires permanent grade table relief to maintain officer career progression within Defense Officer Personnel Management Act guidelines. Navy will pursue this permanent relief as part of a joint Service effort coordinated by the Department of Defense. Navy's Unrestricted Line O-4 flow point will exceed the Defense Officer Personnel Management Act guideline of 11 years in fiscal year 1999, and peak at 13 years and 6 months in fiscal year 2003, despite the use of forced attrition programs to control this increase. As the significant career milestone of promotion to O-4 slips further off into the future, Navy will find it increasingly more difficult to attract high-caliber officers and retain its best junior officers, particularly in the current climate of declining strength, increased forced attrition and reduced retirement benefits. To provide Nurse Corps officers with comparable promotion opportunity and, Navy has had to provide substantial internal compensation to the Nurse Corps. Without this ``compensation'' Nurse Corps promotion opportunity and timing would remain outside of the Defense Officer Personnel Management Act promotion system guidelines indefinitely at the grades of commander and captain. In the current environment of declining strength this compensation is becoming increasingly more difficult to provide. The proposed temporary change to the grade table will provide sufficient grade relief to maintain Unrestricted Line and Nurse Corps promotion opportunity and timing within Defense Officer Personnel Management Act guidelines and ensure Navy's ability to attract and retain the high-caliber officers it requires. The approximate cost to implement this initiative is estimated as follows (in millions): Fiscal Year 1996: 00.00; Fiscal Year 1997: 10.00. These amounts have not been included in any estimates for appropriations submitted through budget channels by the Department of Defense. Section 506. Authorization of general or flag officer promotion zones This section amends section 645 of title 10 to clarify the definitions of promotion zones which are applicable to Chapter 36 of title 10. The modified definitions will not require executive level officers (grades 0-6 and above) to be placed in a promotion eligibility category (above the zone) for officers who have failed of selection for promotion. Executive level officers become eligible to be selected for promotion when they have one year service in grade, and remain eligible unless selected for promotion or retired. In part, the Defense Officer Personnel Management Act (DOPMA) was enacted to make uniform the provisions of law relating to promotion of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps. The Defense Officer Personnel Management Act was, however, enacted primarily for the purpose of field grade officer management. At the time of the Defense Officer Personnel Management Act's enactment, it was apparent that executive level officers were not intended to be subject to all of the provisions of the Defense Officer Personnel Management Act. The House of Representatives Report of the Committee on Armed Services which accompanied Senate bill 1918 states ``this category of executives is in many ways unique and can and should be managed accordingly. The small numbers involved permit this, and the importance of the resource demands this.'' The House report further states that ``the concept of failing selection for promotion does not apply when officers are not selected for promotion to the flag and general officer grades.'' Given that executive level officers do not fail selection for promotion and, therefore, should not be placed in an ``above the promotion zone'' category, it is proposed that the definition of ``promotion zone'' be modified to include executive level officers considered previously for promotion. The proposed amendment would, therefore, clarify that such officers are not above the zone, and thereby eliminate any stigma of failing of selection, bringing the statute squarely within the apparent intent of Congress. There are no other provisions of the Defense Officer Personnel Management Act which are affected by the proposed modifications. There are no costs associated with this legislation. Subtitle B--Reserve Component Matters Section 511. Repeal of requirement for physical examination on calling militia into Federal service This section repeals section 12408 of title 10, United States Code, which requires that each member of the National Guard receive a physical examination when called into, and again when mustered out of, Federal service as militia. For short periods of such service, this requires two complete physical examinations during a period of days or weeks. In view of other statutory and regulatory requirements for periodic medical examinations and physical condition certifications for members of the National Guard, this additional examination requirement is unnecessary, administratively burdensome, and expensive, and could impede the rapid and efficient mobilization of the National Guard for civil emergencies. There is no corresponding statutory requirement for physical examinations when members of the National Guard or other reserve components are ordered to active duty as reserves. Section 512. Military leave for public safety duty performed by members of the Reserve components of the Armed Forces This section amends section 6323(b) of title 5 by permitting employees to elect, when performing duties described in that section, either military leave under that subsection or annual leave or compensatory time to which they are otherwise entitled. This amendment would not permit use of sick leave for the performance of military duty described in section 6323(b). Section 513. Change to Reserve Officers' Training Corps advanced course admission requirements This section amends section 2104(b)(6)(A)(ii) of title 10 to permit the Secretary of the military department to prescribe the length of the field training or practice cruise that persons who have not participated in the first two years of Reserve Officers' Training Corps must complete to be enrolled in the Reserve Officers' Training Corps Advanced Course. Currently, the preliminary training must last at least six weeks. This proposal authorizes the Secretary concerned to prescribe the length of the field training or practice cruise required for admission to the Reserve Officers' Training Corps Advanced Course. Section 514. Clarifying use of military morale, welfare, and recreation facilities by Retired Reservists This section amends section 1065(a) of title 10, United States Code, to give members of the Retired Reserve who would be eligible for retired pay but for the fact that they are under 60 years of age (gray area reservists) the same priority for use of morale, welfare, and recreation (MWR) facilities of the military services as members who retired after active-duty careers. Currently, section 1065(a), enacted in 1990, gives the retired reservists the same priority as active-duty members. They, therefore, have preference over retirees from active duty. This section amends the current section 1065(a) by revising the last sentence to correct this inequity. Enactment of this section will not result in an increase in the budgetary requirements of the Department of Defense. Section 515. Objective to increase percentage of prior active duty personnel in the Selected Reserve Section 1111(a) of the National Defense Authorization Act for Fiscal Year 1993 provides that the Secretary of the Army shall have an objective of increasing the percentage of prior active duty personnel in the Army National Guard to 65 percent in the case of officers and 50 percent in the case of enlisted members. This change would amend section 1111 and eliminate from the law what may be seen as essentially an arbitrary percentage as a target. It will also facilitate increasing [[Page S5811]] the active duty percentage of the career officer and enlisted leadership under Department objectives established by the Army's Section 1111 Congressional Plan submitted to Congress in January, 1994. The plan, developed after months of extensive modeling and analysis by the Deputy Chief of Staff for Personnel, supports objectives of 65 percent for warrant officers and commissioned officers in the grades above first lieutenant and below brigadier general. It also limited the grades for enlisted members to sergeants and above and increased the objective from 50 to 60 percent. Section 516. Wear of military uniform by National Guard technicians This section would amend section 709 of title 32, United States Code to provide that National Guard technicians who are required as a condition of such civilian employment to be members of the National Guard are also required to wear military uniforms in the course of performing their duties as technicians. These technicians are currently required to wear uniforms in their civilian jobs, and this requirement has been upheld by the Federal Labor Relations Authority and the courts. Recent decisions by the Federal Labor Relations Authority and the FSIP have required state National Guard organizations to negotiate with employee unions on the civilian clothing allowance under 5 U.S.C. 5901. These decisions may result in state Guard organizations being required to provide monetary civilian clothing allowances to compensate technicians that have already been furnished the required military uniforms under the military wear and tear replacement provisions of 37 U.S.C. 418. Subsection (b) would allow a period of service as a technician by a person who is an officer in the National Guard to be considered active duty for the purposes of uniform allowances for officers under title 37. This would place technician officers on the same footing as AGRs as to eligibility for uniform allowances. This subsection would also provide that these allowances are exclusive of civilian uniform allowances authorized under titles 5 and 10. Subsection (c) would authorize more frequent issuance of military uniforms to members of the National Guard who are technicians, as a result of wear and tear from wear during the course of their civilian employment. It would also provide that the issuance of uniforms or provision of a uniform allowance to these technicians under 37 U.S.C. 418 would be exclusive of authority to provide civilian uniforms or allowances under 5 U.S.C. 5901 or 10 U.S.C. 1593. Section 517. Active duty retirement sanctuary for reservists This section amends sections 1163(d) of title 10 to provide for an exception to the active duty retirement sanctuary provision for a member of a reserve component, who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system. T

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - April 27, 1995)

Text of this article available as: TXT PDF [Pages S5805-S5843] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. THURMOND (for himself and Mr. Nunn) (be request): S. 727. A bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes; to the Committee on Armed Services. the national defense authorization act for fiscal year 1996 Mr. THURMOND. Mr. President, by request, for myself and the senior Senator from Georgia [Mr. Nunn], I introduce, for appropriate reference, a bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strength for fiscal year 1996, and for other purposes. I ask unanimous consent that a letter of transmittal requesting consideration of the legislation and a section-by-section analysis explaining its purpose be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: General Counsel of the Department of Defense, Washington, DC, April 20, 1995. Hon. Albert Gore, President of the Senate, Washington, DC. Dear Mr. President: The Department of Defense proposes the enclosed draft of legislation, ``To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes.'' This legislative proposal is part of the Department of Defense legislative program for the 104th Congress and is needed to carry out [[Page S5806]] the President's budget plans for fiscal year 1996. The Office of Management and Budget advises that there is no objection to the presentation of this proposal to the Congress and that its enactment would be in accord with the program of the President. This bill provides management authority for the Department of Defense in fiscal year 1996 and makes several changes to the authorities under which we operate. These changes are designed to permit a more efficient operation of the Department of Defense. Enactment of this legislation is of great importance to the Department of Defense and the Department urges its speedy and favorable consideration. Sincerely, Judith A. Miller. ____ National Defense Authorization Act for Fiscal Year 1996 section-by-section analysis Title I--Procurement Authorization of Appropriations Section 101. Army Section 102. Navy and Marine Corps Section 103. Air Force Section 104. Defense-wide activities Section 105. Defense Inspector General Section 106. Chemical demilitarization program Section 107. Defense health program Sections 101 through 107 provide procurement authorization for the Military Departments and for Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 108. Repeal of requirement for separate budget request for procurement of reserve equipment Section 108 repeals the provisions of section 114(e) of title 10, United States Code, requiring a separate budget request for the procurement of Reserve equipment. Title II--Research, Development, Test, and Evaluation Section 201. Authorization of appropriations Section 201 provides for the authorization of each of the research, development, test, and evaluation appropriations for the Military Departments and Defense Agencies in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Title III--Operation and Maintenance Subtitle A--Authorization of Appropriations Section 301. Operation and maintenance funding Section 301 provides for authorization of the operation and maintenance appropriations of the Military Departments and Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 302. Working capital funds Section 302 authorizes appropriations for the Defense Business Operations Fund and the National Defense Salified Fund in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 303. Civilian Marksmanship Program fund Section 303 amends the provisions of section 4308 and 4313 of title 10, United States Code, relating to the Civilian Marksmanship Program, to reflect the President's Budget proposal that the Program be funded exclusively from reimbursements received in the execution of the program. Section 304. Repeal of limitations on activities of Defense Business Operations Fund Section 304 amends section 316(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal limitations on the activities of the Defense Business Operations Fund Section 305. Amendments relating to the Ready Reserve Force Component of the Ready Reserve Fleet Section 305 amends the provisions of section 2218 of title 10, United States Code, relating to the National Defense Sealift Fund, to reflect the funding for the Ready Reserve Component of the Fleet by the Department of Defense as requested in the President's budget. Subtitle B--Reserve Component Section 321. Reimbursement of pay and allowances and accountability of Reservists supporting cooperative threat reduction with States of the Former Soviet Union. This section amends section 1206 of the National Defense Authorization Act for Fiscal Year 1995, which authorizes funds for the execution of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160) by adding two new subsections. New subsection (c) would permit funds appropriated to execute programs authorized by the Cooperative Threat Reduction Act to be utilized to reimburse the military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any program authorized by this Act. The utilization of Reserve component personnel, particularly in expansion of military-to-military and defense contacts, is particularly advantageous. Permitting these funds to be used to reimburse the active military appropriations accounts removes a significant resource impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (a) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contracts and Comparable Activities. New subsection (d) would exempt members of a reserve component participating in activities or programs specified in the Cooperative Threat Reduction Act of 1993 who served over 180 days from counting against the authorized end strength for members of the armed forces on active duty under section 115(a)(1) of title 10 and against the senior grade strength limitations of sections 517 and 523 of title 10. Approval of this exemption from end strength and senior grade strength limitations removes an impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (c) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contacts and Comparable Activities. There are no additional costs associated with enacting this legislation. Section 322. Authority for Department of Defense funding for National Guard participation in joint exercises with the Army and Air Force for disaster and emergency assistance This section would authorize the Secretary of the Army and the Secretary of the Air Force to provide for personnel of the National Guard, using funds appropriated for National Guard training exercises, to participate in joint exercises with the Army and Air Force to train for disaster and emergency response, and would thus allow these personnel to participate in such exercises in a Federally paid (title 32) status under state authority. Under current law, Department of Defense funding for the National Guard may not be used for training the National Guard for disaster and emergency response. Funding for this training is the responsibility of the states and FEMA, and such training must be done in a state active duty status. This provision would authorize a limited exception to this allocation of responsibility by permitting use of Department of Defense funds and title 32 status for the Guard when engaged in joint exercises with the Army or Air Force for disaster and emergency response training. Disaster and emergency response training and exercises of the National Guard when not conducted in conjunction with the Army or the Air Force would continue to be a state and FEMA responsibility. This amendment will ensure that National Guard personnel participating in joint exercises with members of the other components of their armed forces are eligible for the same protections and benefits as their counterparts from the Army Reserve, Air Force Reserve, and Regular components with whom they are participating. It will also avoid situations where lack of state or FEMA funds preclude participation by Guard units in joint exercises and thereby undermine the efficacy of those exercises. Subtitle C--Other Matters Section 331. Aviation and vessel war risk insurance The purpose of this legislation is to provide a means for rapid payment of claims and the rapid reimbursement of the insurance funds to protect commercial carriers assisting the Executive Branch from catastrophic losses associated with the destruction or damage to aircraft or ships while supporting the national interests of the United States. Allowing the Department of Defense to transfer any and all available funds will allow the United States, in these two vital reinsurance programs, to match standard commercial insurance practice for the timely payment required by financial arrangements common in the transportation industry today. Reporting and the requirements for supplemental appropriations, if any, ensures Congressional oversight at all stages. Subsections (a) and (b) of the proposed legislation set forth the short title and the findings and purposes, respectively. Subsection (c) of the proposed legislation amends section 44305 of title 49, United States Code, by adding a new subsection (c). Subsection (c)(1) allows transfer of any funds available to the Department of Defense, regardless of the purpose of those funds. Although other authorities may exist to transfer funds, limitations as to amounts and priorities make these authorities insufficient to rapidly respond to the obligations of the Department of Defense under the current law, especially if contingencies or war-time conditions exist. Proposed language would not distinguish between types of insurance or risk, so long as the Federal Aviation Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Aviation Insurance Program, next scheduled to take place in 1997. Subsection (c)(2) provides specific time limits with which the Secretary of Defense must pay claims and reimburse the Federal Aviation Administration. Notification to Congress and the 30 day delay before transfer [[Page S5807]] required in other statutes is waived. The most important issue for the air carriers is the replacement of the hull so that they may continue operations, including supporting the requesting agency, without idling crews or having to lay off personnel due to the lack of airframes. A longer time frame is provided for other claims, such as liability to third parties, as normal claims procedures can adequately protect their interests. Subsection (c)(3) requires reports to Congress within 30 days of loss for amounts in excess of one million dollars, with periodic updates to ensure Congress is aware of amounts being transferred and paid out under the chapter 443 program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. Subsection (d) of the proposed legislation amends section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) by adding a new subsection 9c). Subsection (c)(1) authorizes the Secretary of Defense to transfer funds available to the Department to pay claims by contractors, for the damage or loss of vessels and death or injury to personnel, insured pursuant to Title XII of the Merchant Marine Act, 1936, or loss or damage associated therewith. Proposed language would not distinguish between types of insurance or risk, so long as the Maritime Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Vessel War Risk Insurance Program, next scheduled to take place before the 30 June 1995 expiration (46 App. U.S.C. Sec. 1294). Subsection (c)(2) provides specific time limits within which the Secretary of Defense must reimburse the Secretary of Transportation. Subsection (c)(3) requires reports to Congress on a periodic basis for claims paid in amounts in excess of one million dollars to ensure Congress is aware of amounts being transferred and paid out under the Title XII program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. The addition of subsection (c) to section 44305 of title 49, United States Code, and subsection (c) to section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) would allow the Department of Defense to rapidly pay claims resulting from damages or injuries caused by risks covered by the respective programs as a consequence of providing transportation to the United States when commercial insurance companies refuse to cover such risks on reasonable terms and conditions. The requirement to reimburse the Federal Aviation Administration or the Maritime Administration already exists; however, the only method for payment currently available may involve requesting supplemental appropriations from Congress. Such a process historically has taken six months or longer. Many air carriers have indicated their financial obligations may not allow them to continue to support the United States if rapid payment for losses cannot be made. Commercial aircraft insurance policies and practice require payment in less than 30 days when cause is not an issue, usually within 72 hours. If enacted, this legislation would not result in an increase in the budgetary requirements of the Department of Defense. Section 332. Testing of theater missile defense interceptors The purpose of this legislation is to eliminate the requirement to attempt complex, multi-shot-engagement scenarios with relatively immature Engineering Manufacturing Development hardware when these same scenarios must be performed with production-representative hardware during the Initial Operational Test and Evaluation (IOT) phase. The requirement to demonstrate interceptor performance under operationally realistic conditions with production- representative hardware already exists. The premature duplication of this testing will only add greater technical complexity, cost, and risk to the program and provide little if any technical value. Theater Missile Defense (TMD) interceptor performance will be performed during the Initial Operational Test and Evaluation (IOT) phase and results reported to Congress prior to the system being allowed to enter production. The Director of Operational Test and Evaluation, Office of the Secretary of Defense, will prepare and submit a Beyond Low- Rate Initial Production Report. This report will confirm that adequate testing, including multi-shot scenarios, has been completed. This testing must be conducted in operational environments and scenarios, consistent with conditions that the interceptor will be expected to operate in when fielded. Section 333. Authority to assign overseas school personnel to domestic schools and vice versa This section would authorize the Secretary of Defense to assign personnel of either the school system established under section 2164 of title 10 or the school system established by the Defense Dependents' Education Act of 1968 (title XIV of the Education Amendments of 1978; 20 U.S.C. 921 et seq.) to provide administrative, logistical, personnel, and other support services to the other system, either in addition to, or in place of, their normal duties. Such assignments may be for the period prescribed by the Secretary. Section 334. Authorization for expenditure of O and procurement funds for the accelerated architecture acquisition initiative This section amends title 10 by adding a new section 2395a the purpose of which is to allow the Central Imagery Office (CIO), as a Combat Support Agency, to expend currently- programmed O and Procurement funds to establish, implement, and deploy a worldwide imagery architecture. Having flexibility to use these funds will provide the Central Imagery Office the ability to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. In the past, numerous studies and evaluations have indicated that the United States imagery system was unable to provide required imagery support in a timely manner. The experience of Desert Shield/Desert Storm reinforced those evaluations. The Central Imagery Office was created and assigned responsibility for enhancing the ability of the military departments, Unified Commands, their components, Joint Task Forces, tactical units, and other activities to make use of all imagery assets in a timely manner. The Accelerated Architecture Acquisition Initiative is a key program through which the Central Imagery Office will develop and field systems to provide real-time access to and dissemination from existing and planned imagery collection systems (national and theater) to defend and national users worldwide, real-time access to distributed digital imagery and imagery-product archives, and enhancements to and increases in the capacity of existing Department of Defense data networks to accommodate increased requirements from the imagery assets. Critical to the success of the Accelerated Architecture Acquisition Initiative is centralized management and oversight to balance requirements to ensure successful development, procurement, and development of necessary hardware, software, communications, and services. Central Imagery Office must ensure the standardization, compatibility, and interoperability of equipment and processes to provide a worldwide system for required, timely imagery support. A key element the Accelerated Architecture Acquisition Initiative is the near-term provision to JCS- selected users of that equipment necessary to receive and use digital imagery products. The Central Imagery Office's proposal provides the express language needed in the 1996 Appropriations Act for authority to purchase and deploy hardware, software, and communications, using Central Imagery Office funds, for activities funded in the Department of Defense-funded portion of the NFIP. Without this special provision, 31 U.S.C. section 1301A would prevent the Central Imagery Office from using funds appropriated to it in the defense-wide appropriation in this manner. The Central Imagery Office will be unable to carry out its intended emission to deliver Accelerated Architecture Acquisition Initiative capabilities to the organizations that require them and to establish successfully the Accelerated Architecture Acquisition Initiative architecture worldwide. This legislation will allow for an efficient and highly flexible way for the Central Imagery Office to deploy needed capabilities during crisis and emergencies, to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. Enactment of this proposal will not increase the budgetary requirement of the Department of Defense. Section 335. Establishment of a Department of Defense Laboratory Revitalization Demonstration Program The authority would establish a test program to allow the heads of selected defense laboratories greater flexibility to undertake facilities modernization without the requirement to seek approval from higher levels. The purpose of the program is to reduce the amount of time required to upgrade research and development capabilities at Department of Defense laboratories. The provision would recognize that facilities construction in support of research and development is historically more expensive than similar-sized projects in other construction categories. For test program laboratories, the provision would raise the threshold from $1.5 million to $3.0 million for minor military construction projects that the Secretary of Defense may carry out without specific authorization in law. The provision would also raise the threshold for minor military construction projects requiring prior Secretary of Defense approval from $500,000 to $1.5 million. Finally, the provision would raise for selected laboratories the threshold from $300,000 to $1.0 million for the value of any unspecified military construction project for which operation and maintenance funds may be used. The test authority would expire on September 30, 2000. It would also require the Secretary of Defense to designate participating laboratories before the test may begin and to report to Congress on the lessons learned from the test program one year before it is terminated. Subsection (a). A healthy and responsive defense laboratory system is essential to the [[Page S5808]] national defense and security, and to foster the growth and development of new technologies having both military and civilian applications. A strong and flexible defense laboratory system, staffed by top quality scientists, technicians, and engineers, with state-of-the-art equipment and facilities is critical to meeting new and changing world threats, as well as maintaining America's technological military leadership. The ability of defense laboratories to rapidly introduce technological innovation into military systems, and to respond to technological exigencies has been significantly degraded by requirements that the laboratories conduct their facilities modernization functions under a set of complex and time consuming procedures inappropriate to laboratory operations. The inability of our laboratories and centers to modernize antiquated facilities in a prompt fashion has resulted in an ineffective and inefficient use of tax dollars. The Secretary of Defense has determined that many of the problems in the defense laboratory system stem from the application of procedures and processes to the laboratories that are inappropriate to the research and development community. The Secretary anticipates that the elimination of certain unnecessary and cumbersome restrictions would result in much more efficient and effective laboratories. The Secretary has already selected laboratories from each of the military departments to participate in a demonstration program to substantiate the hypothesis. Currently, internal procedures and regulations are being updated, streamlined, or abolished for the purpose of the demonstration program. This proposal is intended to make those legislative changes identified by the Secretary of Defense as necessary to partially implement the Demonstration Program. In implementing any authorizations in this Act that are waivers or exceptions to existing law or laws, the Secretary will assure that the basic purposes and interests of the original laws will be carried out and protected in a manner most appropriate to the research and development community. The Secretary will review and evaluate the findings of the demonstration program, and make appropriate recommendations as to the applicability of legislative changes to all Department of Defense laboratories. Subsection (b). This section is aimed at improving the research and development facility based by enhancing the process for upgrading the facilities including built-in equipment necessary for performing state-of-the-art research and development. The inherently complex nature of conducting modern research requires facilities, equipment and support infrastructure that are simply more expensive, on a unit basis, than other types of military support activity. For example, representative examples of minor facilities construction obtained from each of the three Services from their fiscal year 1993 minor military construction (MILCON) requests, show laboratory construction, expansion or reconfiguration costing, on a square foot basis, about three times what a similarly sized office building cost. Aside from meeting and responding to military crises such as Desert Storm, the very nature of the experimental process requires a rapid response to a scientific discovery. Often significant new information can be acquired by building on an existing experiment if that ``add on'' experiment can be put in place in a coherent fashion. Time is of the essence if experimental opportunities are to be maximized and efficiently exploited. Operating and maintaining a government owned research and development facility base is in the best interests of the nation for the following reasons; The Department of Defense research and development operations perform research and development activities quickly in response to operational needs. Examples of government scientists involved in the Desert Storm operation attest to the efficacy of the Department of Defense laboratory programs. Having Federal employees dedicated to defense research and development assists in assuring accurate communications and continuity of research and development assistance. The cadre of government scientists with contemporary facilities assures that government managers have knowledgeable unbiased advisors on research and development, i.e., the ``smart buyer'' model. To stay current, scientists must not only continue their academic education, but need to be actively involved in contemporary research and development. There are certain types of research and development that the government needs to maintain, due to their sensitive nature. Specific examples include chemical and biological agents, and nuclear effects. There are some types of research and development that are not accomplished in private institutions, but are necessary for military operations. Specific examples include fuzing, communications network defense, special sensors, special military related medical research, and night vision equipment. There are certain types of generic research in exotic or speculative areas which may have significant future military impact. Our laboratories, at least on a limited and selective basis, must have the ability to promptly pursue such research as opportunity dictates. Subsection (b)(1). Sections 2805 (a) and (b) (1) of title 10 were established under Public Law 97-214 and were effective October 1, 1982. This provision is available to the agency to perform minor construction which was not specified in the Military Construction requests. The dollar limitations contained in 2805 (a) and (b) of title 10 were last revised in 1991. The construction of laboratory and supporting facilities in direct support of state-of-the-art research and development historically is more expensive than similar sized projects in other construction categories. Specifically, there are unique safety, security, and operational requirements which inherently increase the cost for laboratory facilities. Increasing the limit of unspecified minor military construction to $3,000,000 for facilities in support of research, development, test, and evaluation (RDT) would allow the head of the laboratory the same relative latitude as the commander of other military programs. Subsection (b)(2). The provisions contained in section 2805(b)(2) were intended to insure proper Congressional control and oversight of the minor military construction flexibility granted to the Service Secretaries. While the provisions of this Bill would modify the dollar threshold level at which such notification to the Congress would be required for this demonstration program, an effective evaluation of this demonstration program does require an appropriate reporting function. Consequently the Department of Defense, through already existing internal mechanisms, intends to identify the scope, nature and dollar amount of the use of this authority. The Services will report to the Director of the Defense Research and Engineering at the end of each fiscal year on how this authority was utilized describing dollar amounts, sources of funds and projects undertaken. This data could be made available to the Congress as part of the evaluation of the program. Subsection (b)(3). The current provision found at section 2805(c)(1) setting a limit of $300,000 operation and maintenance funds for minor modifications and construction is appropriate for typical government office buildings, such as establishing walls and electrical outlets for an office. However, this dollar amount has been unduly restrictive for accomplishing laboratory modifications. To establish a state- of-the-art research and development environment, there are often special needs such as special ``clean room'' requirements, and special plumbing or ventilation requirements for safety equipment that cannot be met for $300,000. Raising the amount to $1,000,000 would allow the type of minor work available to most Commands but precluded to most Heads of Laboratories. Subsection (c). It is the intention of the legislation to conduct an experiment to determine the effectiveness and benefits of granting this authority. Consequently, some baseline participation must be established for comparative purposes to permit effective evaluation of the program. Subsection (d). The Department intends to document the performance and results of this program in order to effectively recommend to the Congress whether and with what changes this initiative should be made permanent. Subsection (e). This section is included to assure that the language of this Act does not limit any existing authority that may have been granted to one or more of the laboratories under this Program. Subsection (f). This section provides the definitions common to this Act. Subsection (g). This section is included to insure that appropriate recommendations are made to the Congress. Section 336. Repeal of certain depot-level maintenance provisions This section repeals sections 2466 and 2469 of chapter 146, title 10, United States Code. These sections impose limitations on the amount of depot-level maintenance of materiel that can be performed by non-federal government employees and place restrictions on changing the performance of maintenance workloads currently performed in depot level activities of the Department of Defense to other depots and to private industry. Section 2466 provides that not more than 40 percent of the funds made available in a Fiscal Year to a military department or a Defense Agency, for depot-level maintenance and repair workload may be used to contract for performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Repeal of Section 2466 will provide the Department of Defense and the military departments the needed flexibility to accomplish more than 40 percent of their depot maintenance workload by non-Federal Government employees when needed to achieve the best balance between the public and private sectors of the Defense industrial base. The repeal of Section 2466 will not increase the budgetary requirements of the Department of Defense. Section 2469 prohibits the Secretary of Defense or the Secretary of a Military Department from changing the performance of a depot-level maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change. The Department has suspended cost competitions for depot maintenance workloads because the data and cost accounting systems of the Department are not capable of determining actual costs for accomplishing specific depot [[Page S5809]] maintenance workloads in the depots. Repeal of Section 2469 will permit the Department of Defense and the military departments to shift workloads from one depot to another or to private industry as required to resize the depot maintenance infrastructure to support a smaller force structure. The repeal of section 2469 will not increase the budgetary requirements of the Department of Defense. This legislation will enable the Department to structure its organic Defense depot maintenance activities consistent with satisfying core logistics capability requirements that are based on providing effective support for national defense contingency situations and other emergencies. The proposed repeal of sections 2466 and 2469 will permit the Department of Defense to accomplish depot maintenance for weapon systems and equipment in the most cost effective and efficient manner. The Department is establishing core depot maintenance centers of excellence to retain the best quality products and services to support its combat forces. The Department's core depot maintenance concept promotes sharing of workload between Defense depots and private industry to accommodate teaming efforts and supports the best application of modern technology for accomplishing depot maintenance. The repeal of sections 2466 and 2469 will allow the Department to shift workloads from current depots to other Defense depots and to compete workloads in the private sector to achieve the lowest costs and best efficiency in support of the core depot maintenance concept. It will also enable the Department to size its depot maintenance infrastructure to best support emergency and contingency scenarios with the required levels of weapon systems readiness. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Title IV--Military Personnel Authorizations Subtitle A--Active Forces Section 401. End strengths for Active Forces Section 401 prescribes the personnel strengths for the Active Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Subtitle B--Reserve Forces Section 411. End strengths for Selected Reserve Section 411 prescribes the strengths for the selected Reserve of each reserve component of the Armed Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Section 412. End strengths for Reserves on active duty in support of the Reserves Section 412 prescribes the end strengths for reserve component members on full-time active duty or full-time National Guard duty for the purpose of administering the reserve forces. Subtitle C--Military Training Student Loads Section 421. Authorization of training student loads Section 421 provides for the average military training student loads in the numbers provided for this purpose in the President's amended budget for fiscal years 1996 and 1997. Title V--Military Personnel Policy Subtitle A--Officer Personnel Policy Section 501. Equalization of accrual of service credit for officers and enlisted members of the Armed Forces Subsection (a) amends section 972 of title 10 by combining and redrafting paragraphs (3) and (4) and by replacing ``liable'' with ``required''. These changes are intended to clarify the provision and do not make substantive change to the current law. Section 972 states that enlisted members must make up lost under certain circumstances before that time can be counted toward service for retirement. Subsection (b) amends title 10 by adding a new section 972a. The purpose of this new section is to prevent accrual of service credit to an officer of the armed forces under the following circumstances: (1) while in a deserter status; (2) while absent from duty, station, or organization for more than one day without proper authority; (3) while confined by military or civilian authorities for more than one day before, during or after trial; or (4) while unable for more than one day to perform duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from an officer's misconduct. These circumstances are the same as those under which an enlisted member is required to make up time lost under section 972 of title 10. Such time would not count in computing the officer's length of service for any purpose except the computation of basic pay under section 205 of title 37, including, but not limited to, voluntary retirement for length of service under chapters 367, 571, or 867 of title 10. Sections 3925 and 8925 of title 10 address computation of years of service for voluntary retirement by regular enlisted members of the Army and the Air Force, subject to the provisions of section 972. As noted above, section 972 states that enlisted members must make up time lost under certain circumstances before that time can be counted toward service for retirement. This made-up time ensures that the Army and the Air Force receive a full commitment based on an enlistment or induction contract. Comparable provisions relating to the Navy in chapter 571 of title 10, do not reference section 972 and do not have a provision comparable to sections 3925 and 8925. Sections 3929 and 8926 of title 10 address computation of years of service for voluntary retirement by regular and reserve commissioned officers of the Army and the Air Force. Comparable provisions relating to the Navy in chapter 571 of title 10, do not have a provision comparable to sections 3929 and 8926. Presently, there are no limitations placed on officers for actions similar to those in section 972. Officers continue to receive service credit towards retirement eligibility, higher longevity pay, and increased multiplier for retired pay purposes. At the same time, highly-qualified officers selected for early retirement cannot be extended past their mandatory retirement date to reach a pay increase point. This proposal will rectify these inequities. Subsections (c) and (e) amend sections 3926 and 8926 of title 10 to make reference to new section 972a in the same fashion that section 972 is referenced in sections 3925 and 8925 of title 10. Subsection (d) amends title 10 by adding a new section 6328 in chapter 571 to make reference to both sections 972 and 972a. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Section 502. Changes in general officer billet titles resulting from the reorganization of headquarters, Marine Corps The purpose of this legislation is to replace the current Sections 5041(b), 5044 and 5045 of Chapter 506 of title 10, United States Code, with language to reflect reorganization of Headquarters Marine Corps to more efficiently support the Commandant in his two roles as a member of the Joint Chiefs of Staff and as a Service Chief. Based on a Headquarters Marine Corps Reorganization Study, proposed changes were recommended to establish a viable organization that incorporates coherent, timely and forceful resource management and advocacy; General Officer efficiencies; and the ability to respond rapidly to emerging issues in a coordinated and comprehensive method. The following changes in general officer billet titles were proposed to more efficiently accomplish support to the Commandant: The Assistant Commandant of the Marine Corps to Vice Commandant of the Marine Corps; Deputy Chiefs of Staff of the Marine Corps to Deputy Commandants of the Marine Corps; Assistant Deputy Chiefs of Staff of the Marine Corps to Assistant Deputy Commandants of the Marine Corps; Assistant Chiefs of Staff of the Marine Corps to Assistant Commandants of the Marine Corps. This proposal will be effected at no cost to the Department of Defense or the Department of the Navy Section 503. Increase in the transition period for officers selected for early retirement Paragraphs (1) of subsections (a) and (b) would amend sections 581 and 638 of title 10, United States Code, to extend the transition period for officers selected for early retirement by three months. Under subsections 581(b) and 638(b)(1)(A) of title 10, an officer must be retired ``not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.'' Subsections (a) and (b) of this proposal would require officers selected for early retirement to be retired not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. Paragraphs (2) of subsections (a) and (b) would authorize the Secretary concerned to defer the retirement of an officer otherwise approved for early retirement under section 581, 638 or 638a of title 10 for not more than 90 days, in order to prevent a personal hardship for the officer or for other humanitarian reasons. Subsection (c) would exclude from counting for the purpose of determining authorized end strength under section 115 of title 10, those officers selected for early retirement whose mandatory retirement date has been deferred, for up to 90 days, by the Service Secretary for reason of personal hardship or other humanitarian reasons. Under current law, officers selected for early retirement have six months and some fraction of a seventh month to prepare for an involuntary transition to civilian life. In most cases, these officers have career expectations which are limited only by statutory restrictions on years of commissioned service and, therefore, are not prepared to make this sudden, unwanted transition. Many of the officers selected for early retirement must seek and attain post-military service employment, move families to retirement locations, meet current financial obligations such as mortgage payments and college tuition costs for older children and work around secondary and elementary education school schedules for younger children. Compressing these major events into a six month period is difficult, particularly if the officer is deployed or stationed overseas. Extending the transition period by three months would not only permit officers selected for early retirement to plan a more [[Page S5810]] orderly transition to civilian life while still performing in their military positions, but would also provide the Services more time in which to identify and detail reliefs for these officers while still meeting fiscal year officer end strength requirements. This proposal to increase the transition period for officers selected for early retirement by three months is a modest, but necessary change which will positively affect one of the military's most negative personnel reduction processes. While this change will not eliminate an officer's shock of being forcibly retired early from a Service, it will soften the impact for affected officers and their families who have dedicated 20 or more years of faithful and professional military service to the United States. There is no cost associated with this proposal. Selective Early Retirement Boards could be convened three months earlier to offset any net increase in total pay and allowances expended as a result of the three month extension in the transition period. Section 504. Revision in the authorized strength limitations for Air Force commissioned officers on active duty in the grade of major This section would authorize the Secretary of the Air Force to raise temporarily the ceiling on the number of majors on active duty in the Air Force by 1,100. Such statutory authority would allow the Air Force to accelerate promotion timing to meet congressional intent as expressed through the Defense Officer Personnel Management Act. This proposal will not increase the total number of commissioned officers authorized by the Air Force and will not impede planned reductions in the officer force. Section 505. Revision in the authorized strength limitations for Navy commissioned officers on active duty in grades of lieutenant commander, commander, and captain This section temporarily and uniformly raises the ceilings on the numbers of lieutenant commanders, commanders and captains on active duty in Navy by 910, 722 and 300, respectively. This temporary increase in ceilings is necessary to provide sufficient grade authorizations to maintain Unrestricted and Nurse promotion flow and opportunity within Defense Officer Personnel Management Act (DOPMA) guidelines. This temporary authority would expire on the 30th of September, 1997, by which time Navy post-draw down officer requirements and end strength will have stabilized, and a more precise determination of permanent grade table relief requirements can be made. For the long term, Navy requires permanent grade table relief to maintain officer career progression within Defense Officer Personnel Management Act guidelines. Navy will pursue this permanent relief as part of a joint Service effort coordinated by the Department of Defense. Navy's Unrestricted Line O-4 flow point will exceed the Defense Officer Personnel Management Act guideline of 11 years in fiscal year 1999, and peak at 13 years and 6 months in fiscal year 2003, despite the use of forced attrition programs to control this increase. As the significant career milestone of promotion to O-4 slips further off into the future, Navy will find it increasingly more difficult to attract high-caliber officers and retain its best junior officers, particularly in the current climate of declining strength, increased forced attrition and reduced retirement benefits. To provide Nurse Corps officers with comparable promotion opportunity and, Navy has had to provide substantial internal compensation to the Nurse Corps. Without this ``compensation'' Nurse Corps promotion opportunity and timing would remain outside of the Defense Officer Personnel Management Act promotion system guidelines indefinitely at the grades of commander and captain. In the current environment of declining strength this compensation is becoming increasingly more difficult to provide. The proposed temporary change to the grade table will provide sufficient grade relief to maintain Unrestricted Line and Nurse Corps promotion opportunity and timing within Defense Officer Personnel Management Act guidelines and ensure Navy's ability to attract and retain the high-caliber officers it requires. The approximate cost to implement this initiative is estimated as follows (in millions): Fiscal Year 1996: 00.00; Fiscal Year 1997: 10.00. These amounts have not been included in any estimates for appropriations submitted through budget channels by the Department of Defense. Section 506. Authorization of general or flag officer promotion zones This section amends section 645 of title 10 to clarify the definitions of promotion zones which are applicable to Chapter 36 of title 10. The modified definitions will not require executive level officers (grades 0-6 and above) to be placed in a promotion eligibility category (above the zone) for officers who have failed of selection for promotion. Executive level officers become eligible to be selected for promotion when they have one year service in grade, and remain eligible unless selected for promotion or retired. In part, the Defense Officer Personnel Management Act (DOPMA) was enacted to make uniform the provisions of law relating to promotion of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps. The Defense Officer Personnel Management Act was, however, enacted primarily for the purpose of field grade officer management. At the time of the Defense Officer Personnel Management Act's enactment, it was apparent that executive level officers were not intended to be subject to all of the provisions of the Defense Officer Personnel Management Act. The House of Representatives Report of the Committee on Armed Services which accompanied Senate bill 1918 states ``this category of executives is in many ways unique and can and should be managed accordingly. The small numbers involved permit this, and the importance of the resource demands this.'' The House report further states that ``the concept of failing selection for promotion does not apply when officers are not selected for promotion to the flag and general officer grades.'' Given that executive level officers do not fail selection for promotion and, therefore, should not be placed in an ``above the promotion zone'' category, it is proposed that the definition of ``promotion zone'' be modified to include executive level officers considered previously for promotion. The proposed amendment would, therefore, clarify that such officers are not above the zone, and thereby eliminate any stigma of failing of selection, bringing the statute squarely within the apparent intent of Congress. There are no other provisions of the Defense Officer Personnel Management Act which are affected by the proposed modifications. There are no costs associated with this legislation. Subtitle B--Reserve Component Matters Section 511. Repeal of requirement for physical examination on calling militia into Federal service This section repeals section 12408 of title 10, United States Code, which requires that each member of the National Guard receive a physical examination when called into, and again when mustered out of, Federal service as militia. For short periods of such service, this requires two complete physical examinations during a period of days or weeks. In view of other statutory and regulatory requirements for periodic medical examinations and physical condition certifications for members of the National Guard, this additional examination requirement is unnecessary, administratively burdensome, and expensive, and could impede the rapid and efficient mobilization of the National Guard for civil emergencies. There is no corresponding statutory requirement for physical examinations when members of the National Guard or other reserve components are ordered to active duty as reserves. Section 512. Military leave for public safety duty performed by members of the Reserve components of the Armed Forces This section amends section 6323(b) of title 5 by permitting employees to elect, when performing duties described in that section, either military leave under that subsection or annual leave or compensatory time to which they are otherwise entitled. This amendment would not permit use of sick leave for the performance of military duty described in section 6323(b). Section 513. Change to Reserve Officers' Training Corps advanced course admission requirements This section amends section 2104(b)(6)(A)(ii) of title 10 to permit the Secretary of the military department to prescribe the length of the field training or practice cruise that persons who have not participated in the first two years of Reserve Officers' Training Corps must complete to be enrolled in the Reserve Officers' Training Corps Advanced Course. Currently, the preliminary training must last at least six weeks. This proposal authorizes the Secretary concerned to prescribe the length of the field training or practice cruise required for admission to the Reserve Officers' Training Corps Advanced Course. Section 514. Clarifying use of military morale, welfare, and recreation facilities by Retired Reservists This section amends section 1065(a) of title 10, United States Code, to give members of the Retired Reserve who would be eligible for retired pay but for the fact that they are under 60 years of age (gray area reservists) the same priority for use of morale, welfare, and recreation (MWR) facilities of the military services as members who retired after active-duty careers. Currently, section 1065(a), enacted in 1990, gives the retired reservists the same priority as active-duty members. They, therefore, have preference over retirees from active duty. This section amends the current section 1065(a) by revising the last sentence to correct this inequity. Enactment of this section will not result in an increase in the budgetary requirements of the Department of Defense. Section 515. Objective to increase percentage of prior active duty personnel in the Selected Reserve Section 1111(a) of the National Defense Authorization Act for Fiscal Year 1993 provides that the Secretary of the Army shall have an objective of increasing the percentage of prior active duty personnel in the Army National Guard to 65 percent in the case of officers and 50 percent in the case of enlisted members. This change would amend section 1111 and eliminate from the law what may be seen as essentially an arbitrary percentage as a target. It will also facilitate increasing [[Page S5811]] the active duty percentage of the career officer and enlisted leadership under Department objectives established by the Army's Section 1111 Congressional Plan submitted to Congress in January, 1994. The plan, developed after months of extensive modeling and analysis by the Deputy Chief of Staff for Personnel, supports objectives of 65 percent for warrant officers and commissioned officers in the grades above first lieutenant and below brigadier general. It also limited the grades for enlisted members to sergeants and above and increased the objective from 50 to 60 percent. Section 516. Wear of military uniform by National Guard technicians This section would amend section 709 of title 32, United States Code to provide that National Guard technicians who are required as a condition of such civilian employment to be members of the National Guard are also required to wear military uniforms in the course of performing their duties as technicians. These technicians are currently required to wear uniforms in their civilian jobs, and this requirement has been upheld by the Federal Labor Relations Authority and the courts. Recent decisions by the Federal Labor Relations Authority and the FSIP have required state National Guard organizations to negotiate with employee unions on the civilian clothing allowance under 5 U.S.C. 5901. These decisions may result in state Guard organizations being required to provide monetary civilian clothing allowances to compensate technicians that have already been furnished the required military uniforms under the military wear and tear replacement provisions of 37 U.S.C. 418. Subsection (b) would allow a period of service as a technician by a person who is an officer in the National Guard to be considered active duty for the purposes of uniform allowances for officers under title 37. This would place technician officers on the same footing as AGRs as to eligibility for uniform allowances. This subsection would also provide that these allowances are exclusive of civilian uniform allowances authorized under titles 5 and 10. Subsection (c) would authorize more frequent issuance of military uniforms to members of the National Guard who are technicians, as a result of wear and tear from wear during the course of their civilian employment. It would also provide that the issuance of uniforms or provision of a uniform allowance to these technicians under 37 U.S.C. 418 would be exclusive of authority to provide civilian uniforms or allowances under 5 U.S.C. 5901 or 10 U.S.C. 1593. Section 517. Active duty retirement sanctuary for reservists This section amends sections 1163(d) of title 10 to provide for an exception to the active duty retirement sanctuary provision for a member of a reserve component, who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system. This proposal would provide

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - April 27, 1995)

Text of this article available as: TXT PDF [Pages S5805-S5843] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. THURMOND (for himself and Mr. Nunn) (be request): S. 727. A bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes; to the Committee on Armed Services. the national defense authorization act for fiscal year 1996 Mr. THURMOND. Mr. President, by request, for myself and the senior Senator from Georgia [Mr. Nunn], I introduce, for appropriate reference, a bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strength for fiscal year 1996, and for other purposes. I ask unanimous consent that a letter of transmittal requesting consideration of the legislation and a section-by-section analysis explaining its purpose be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: General Counsel of the Department of Defense, Washington, DC, April 20, 1995. Hon. Albert Gore, President of the Senate, Washington, DC. Dear Mr. President: The Department of Defense proposes the enclosed draft of legislation, ``To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes.'' This legislative proposal is part of the Department of Defense legislative program for the 104th Congress and is needed to carry out [[Page S5806]] the President's budget plans for fiscal year 1996. The Office of Management and Budget advises that there is no objection to the presentation of this proposal to the Congress and that its enactment would be in accord with the program of the President. This bill provides management authority for the Department of Defense in fiscal year 1996 and makes several changes to the authorities under which we operate. These changes are designed to permit a more efficient operation of the Department of Defense. Enactment of this legislation is of great importance to the Department of Defense and the Department urges its speedy and favorable consideration. Sincerely, Judith A. Miller. ____ National Defense Authorization Act for Fiscal Year 1996 section-by-section analysis Title I--Procurement Authorization of Appropriations Section 101. Army Section 102. Navy and Marine Corps Section 103. Air Force Section 104. Defense-wide activities Section 105. Defense Inspector General Section 106. Chemical demilitarization program Section 107. Defense health program Sections 101 through 107 provide procurement authorization for the Military Departments and for Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 108. Repeal of requirement for separate budget request for procurement of reserve equipment Section 108 repeals the provisions of section 114(e) of title 10, United States Code, requiring a separate budget request for the procurement of Reserve equipment. Title II--Research, Development, Test, and Evaluation Section 201. Authorization of appropriations Section 201 provides for the authorization of each of the research, development, test, and evaluation appropriations for the Military Departments and Defense Agencies in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Title III--Operation and Maintenance Subtitle A--Authorization of Appropriations Section 301. Operation and maintenance funding Section 301 provides for authorization of the operation and maintenance appropriations of the Military Departments and Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 302. Working capital funds Section 302 authorizes appropriations for the Defense Business Operations Fund and the National Defense Salified Fund in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 303. Civilian Marksmanship Program fund Section 303 amends the provisions of section 4308 and 4313 of title 10, United States Code, relating to the Civilian Marksmanship Program, to reflect the President's Budget proposal that the Program be funded exclusively from reimbursements received in the execution of the program. Section 304. Repeal of limitations on activities of Defense Business Operations Fund Section 304 amends section 316(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal limitations on the activities of the Defense Business Operations Fund Section 305. Amendments relating to the Ready Reserve Force Component of the Ready Reserve Fleet Section 305 amends the provisions of section 2218 of title 10, United States Code, relating to the National Defense Sealift Fund, to reflect the funding for the Ready Reserve Component of the Fleet by the Department of Defense as requested in the President's budget. Subtitle B--Reserve Component Section 321. Reimbursement of pay and allowances and accountability of Reservists supporting cooperative threat reduction with States of the Former Soviet Union. This section amends section 1206 of the National Defense Authorization Act for Fiscal Year 1995, which authorizes funds for the execution of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160) by adding two new subsections. New subsection (c) would permit funds appropriated to execute programs authorized by the Cooperative Threat Reduction Act to be utilized to reimburse the military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any program authorized by this Act. The utilization of Reserve component personnel, particularly in expansion of military-to-military and defense contacts, is particularly advantageous. Permitting these funds to be used to reimburse the active military appropriations accounts removes a significant resource impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (a) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contracts and Comparable Activities. New subsection (d) would exempt members of a reserve component participating in activities or programs specified in the Cooperative Threat Reduction Act of 1993 who served over 180 days from counting against the authorized end strength for members of the armed forces on active duty under section 115(a)(1) of title 10 and against the senior grade strength limitations of sections 517 and 523 of title 10. Approval of this exemption from end strength and senior grade strength limitations removes an impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (c) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contacts and Comparable Activities. There are no additional costs associated with enacting this legislation. Section 322. Authority for Department of Defense funding for National Guard participation in joint exercises with the Army and Air Force for disaster and emergency assistance This section would authorize the Secretary of the Army and the Secretary of the Air Force to provide for personnel of the National Guard, using funds appropriated for National Guard training exercises, to participate in joint exercises with the Army and Air Force to train for disaster and emergency response, and would thus allow these personnel to participate in such exercises in a Federally paid (title 32) status under state authority. Under current law, Department of Defense funding for the National Guard may not be used for training the National Guard for disaster and emergency response. Funding for this training is the responsibility of the states and FEMA, and such training must be done in a state active duty status. This provision would authorize a limited exception to this allocation of responsibility by permitting use of Department of Defense funds and title 32 status for the Guard when engaged in joint exercises with the Army or Air Force for disaster and emergency response training. Disaster and emergency response training and exercises of the National Guard when not conducted in conjunction with the Army or the Air Force would continue to be a state and FEMA responsibility. This amendment will ensure that National Guard personnel participating in joint exercises with members of the other components of their armed forces are eligible for the same protections and benefits as their counterparts from the Army Reserve, Air Force Reserve, and Regular components with whom they are participating. It will also avoid situations where lack of state or FEMA funds preclude participation by Guard units in joint exercises and thereby undermine the efficacy of those exercises. Subtitle C--Other Matters Section 331. Aviation and vessel war risk insurance The purpose of this legislation is to provide a means for rapid payment of claims and the rapid reimbursement of the insurance funds to protect commercial carriers assisting the Executive Branch from catastrophic losses associated with the destruction or damage to aircraft or ships while supporting the national interests of the United States. Allowing the Department of Defense to transfer any and all available funds will allow the United States, in these two vital reinsurance programs, to match standard commercial insurance practice for the timely payment required by financial arrangements common in the transportation industry today. Reporting and the requirements for supplemental appropriations, if any, ensures Congressional oversight at all stages. Subsections (a) and (b) of the proposed legislation set forth the short title and the findings and purposes, respectively. Subsection (c) of the proposed legislation amends section 44305 of title 49, United States Code, by adding a new subsection (c). Subsection (c)(1) allows transfer of any funds available to the Department of Defense, regardless of the purpose of those funds. Although other authorities may exist to transfer funds, limitations as to amounts and priorities make these authorities insufficient to rapidly respond to the obligations of the Department of Defense under the current law, especially if contingencies or war-time conditions exist. Proposed language would not distinguish between types of insurance or risk, so long as the Federal Aviation Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Aviation Insurance Program, next scheduled to take place in 1997. Subsection (c)(2) provides specific time limits with which the Secretary of Defense must pay claims and reimburse the Federal Aviation Administration. Notification to Congress and the 30 day delay before transfer [[Page S5807]] required in other statutes is waived. The most important issue for the air carriers is the replacement of the hull so that they may continue operations, including supporting the requesting agency, without idling crews or having to lay off personnel due to the lack of airframes. A longer time frame is provided for other claims, such as liability to third parties, as normal claims procedures can adequately protect their interests. Subsection (c)(3) requires reports to Congress within 30 days of loss for amounts in excess of one million dollars, with periodic updates to ensure Congress is aware of amounts being transferred and paid out under the chapter 443 program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. Subsection (d) of the proposed legislation amends section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) by adding a new subsection 9c). Subsection (c)(1) authorizes the Secretary of Defense to transfer funds available to the Department to pay claims by contractors, for the damage or loss of vessels and death or injury to personnel, insured pursuant to Title XII of the Merchant Marine Act, 1936, or loss or damage associated therewith. Proposed language would not distinguish between types of insurance or risk, so long as the Maritime Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Vessel War Risk Insurance Program, next scheduled to take place before the 30 June 1995 expiration (46 App. U.S.C. Sec. 1294). Subsection (c)(2) provides specific time limits within which the Secretary of Defense must reimburse the Secretary of Transportation. Subsection (c)(3) requires reports to Congress on a periodic basis for claims paid in amounts in excess of one million dollars to ensure Congress is aware of amounts being transferred and paid out under the Title XII program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. The addition of subsection (c) to section 44305 of title 49, United States Code, and subsection (c) to section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) would allow the Department of Defense to rapidly pay claims resulting from damages or injuries caused by risks covered by the respective programs as a consequence of providing transportation to the United States when commercial insurance companies refuse to cover such risks on reasonable terms and conditions. The requirement to reimburse the Federal Aviation Administration or the Maritime Administration already exists; however, the only method for payment currently available may involve requesting supplemental appropriations from Congress. Such a process historically has taken six months or longer. Many air carriers have indicated their financial obligations may not allow them to continue to support the United States if rapid payment for losses cannot be made. Commercial aircraft insurance policies and practice require payment in less than 30 days when cause is not an issue, usually within 72 hours. If enacted, this legislation would not result in an increase in the budgetary requirements of the Department of Defense. Section 332. Testing of theater missile defense interceptors The purpose of this legislation is to eliminate the requirement to attempt complex, multi-shot-engagement scenarios with relatively immature Engineering Manufacturing Development hardware when these same scenarios must be performed with production-representative hardware during the Initial Operational Test and Evaluation (IOT) phase. The requirement to demonstrate interceptor performance under operationally realistic conditions with production- representative hardware already exists. The premature duplication of this testing will only add greater technical complexity, cost, and risk to the program and provide little if any technical value. Theater Missile Defense (TMD) interceptor performance will be performed during the Initial Operational Test and Evaluation (IOT) phase and results reported to Congress prior to the system being allowed to enter production. The Director of Operational Test and Evaluation, Office of the Secretary of Defense, will prepare and submit a Beyond Low- Rate Initial Production Report. This report will confirm that adequate testing, including multi-shot scenarios, has been completed. This testing must be conducted in operational environments and scenarios, consistent with conditions that the interceptor will be expected to operate in when fielded. Section 333. Authority to assign overseas school personnel to domestic schools and vice versa This section would authorize the Secretary of Defense to assign personnel of either the school system established under section 2164 of title 10 or the school system established by the Defense Dependents' Education Act of 1968 (title XIV of the Education Amendments of 1978; 20 U.S.C. 921 et seq.) to provide administrative, logistical, personnel, and other support services to the other system, either in addition to, or in place of, their normal duties. Such assignments may be for the period prescribed by the Secretary. Section 334. Authorization for expenditure of O and procurement funds for the accelerated architecture acquisition initiative This section amends title 10 by adding a new section 2395a the purpose of which is to allow the Central Imagery Office (CIO), as a Combat Support Agency, to expend currently- programmed O and Procurement funds to establish, implement, and deploy a worldwide imagery architecture. Having flexibility to use these funds will provide the Central Imagery Office the ability to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. In the past, numerous studies and evaluations have indicated that the United States imagery system was unable to provide required imagery support in a timely manner. The experience of Desert Shield/Desert Storm reinforced those evaluations. The Central Imagery Office was created and assigned responsibility for enhancing the ability of the military departments, Unified Commands, their components, Joint Task Forces, tactical units, and other activities to make use of all imagery assets in a timely manner. The Accelerated Architecture Acquisition Initiative is a key program through which the Central Imagery Office will develop and field systems to provide real-time access to and dissemination from existing and planned imagery collection systems (national and theater) to defend and national users worldwide, real-time access to distributed digital imagery and imagery-product archives, and enhancements to and increases in the capacity of existing Department of Defense data networks to accommodate increased requirements from the imagery assets. Critical to the success of the Accelerated Architecture Acquisition Initiative is centralized management and oversight to balance requirements to ensure successful development, procurement, and development of necessary hardware, software, communications, and services. Central Imagery Office must ensure the standardization, compatibility, and interoperability of equipment and processes to provide a worldwide system for required, timely imagery support. A key element the Accelerated Architecture Acquisition Initiative is the near-term provision to JCS- selected users of that equipment necessary to receive and use digital imagery products. The Central Imagery Office's proposal provides the express language needed in the 1996 Appropriations Act for authority to purchase and deploy hardware, software, and communications, using Central Imagery Office funds, for activities funded in the Department of Defense-funded portion of the NFIP. Without this special provision, 31 U.S.C. section 1301A would prevent the Central Imagery Office from using funds appropriated to it in the defense-wide appropriation in this manner. The Central Imagery Office will be unable to carry out its intended emission to deliver Accelerated Architecture Acquisition Initiative capabilities to the organizations that require them and to establish successfully the Accelerated Architecture Acquisition Initiative architecture worldwide. This legislation will allow for an efficient and highly flexible way for the Central Imagery Office to deploy needed capabilities during crisis and emergencies, to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. Enactment of this proposal will not increase the budgetary requirement of the Department of Defense. Section 335. Establishment of a Department of Defense Laboratory Revitalization Demonstration Program The authority would establish a test program to allow the heads of selected defense laboratories greater flexibility to undertake facilities modernization without the requirement to seek approval from higher levels. The purpose of the program is to reduce the amount of time required to upgrade research and development capabilities at Department of Defense laboratories. The provision would recognize that facilities construction in support of research and development is historically more expensive than similar-sized projects in other construction categories. For test program laboratories, the provision would raise the threshold from $1.5 million to $3.0 million for minor military construction projects that the Secretary of Defense may carry out without specific authorization in law. The provision would also raise the threshold for minor military construction projects requiring prior Secretary of Defense approval from $500,000 to $1.5 million. Finally, the provision would raise for selected laboratories the threshold from $300,000 to $1.0 million for the value of any unspecified military construction project for which operation and maintenance funds may be used. The test authority would expire on September 30, 2000. It would also require the Secretary of Defense to designate participating laboratories before the test may begin and to report to Congress on the lessons learned from the test program one year before it is terminated. Subsection (a). A healthy and responsive defense laboratory system is essential to the [[Page S5808]] national defense and security, and to foster the growth and development of new technologies having both military and civilian applications. A strong and flexible defense laboratory system, staffed by top quality scientists, technicians, and engineers, with state-of-the-art equipment and facilities is critical to meeting new and changing world threats, as well as maintaining America's technological military leadership. The ability of defense laboratories to rapidly introduce technological innovation into military systems, and to respond to technological exigencies has been significantly degraded by requirements that the laboratories conduct their facilities modernization functions under a set of complex and time consuming procedures inappropriate to laboratory operations. The inability of our laboratories and centers to modernize antiquated facilities in a prompt fashion has resulted in an ineffective and inefficient use of tax dollars. The Secretary of Defense has determined that many of the problems in the defense laboratory system stem from the application of procedures and processes to the laboratories that are inappropriate to the research and development community. The Secretary anticipates that the elimination of certain unnecessary and cumbersome restrictions would result in much more efficient and effective laboratories. The Secretary has already selected laboratories from each of the military departments to participate in a demonstration program to substantiate the hypothesis. Currently, internal procedures and regulations are being updated, streamlined, or abolished for the purpose of the demonstration program. This proposal is intended to make those legislative changes identified by the Secretary of Defense as necessary to partially implement the Demonstration Program. In implementing any authorizations in this Act that are waivers or exceptions to existing law or laws, the Secretary will assure that the basic purposes and interests of the original laws will be carried out and protected in a manner most appropriate to the research and development community. The Secretary will review and evaluate the findings of the demonstration program, and make appropriate recommendations as to the applicability of legislative changes to all Department of Defense laboratories. Subsection (b). This section is aimed at improving the research and development facility based by enhancing the process for upgrading the facilities including built-in equipment necessary for performing state-of-the-art research and development. The inherently complex nature of conducting modern research requires facilities, equipment and support infrastructure that are simply more expensive, on a unit basis, than other types of military support activity. For example, representative examples of minor facilities construction obtained from each of the three Services from their fiscal year 1993 minor military construction (MILCON) requests, show laboratory construction, expansion or reconfiguration costing, on a square foot basis, about three times what a similarly sized office building cost. Aside from meeting and responding to military crises such as Desert Storm, the very nature of the experimental process requires a rapid response to a scientific discovery. Often significant new information can be acquired by building on an existing experiment if that ``add on'' experiment can be put in place in a coherent fashion. Time is of the essence if experimental opportunities are to be maximized and efficiently exploited. Operating and maintaining a government owned research and development facility base is in the best interests of the nation for the following reasons; The Department of Defense research and development operations perform research and development activities quickly in response to operational needs. Examples of government scientists involved in the Desert Storm operation attest to the efficacy of the Department of Defense laboratory programs. Having Federal employees dedicated to defense research and development assists in assuring accurate communications and continuity of research and development assistance. The cadre of government scientists with contemporary facilities assures that government managers have knowledgeable unbiased advisors on research and development, i.e., the ``smart buyer'' model. To stay current, scientists must not only continue their academic education, but need to be actively involved in contemporary research and development. There are certain types of research and development that the government needs to maintain, due to their sensitive nature. Specific examples include chemical and biological agents, and nuclear effects. There are some types of research and development that are not accomplished in private institutions, but are necessary for military operations. Specific examples include fuzing, communications network defense, special sensors, special military related medical research, and night vision equipment. There are certain types of generic research in exotic or speculative areas which may have significant future military impact. Our laboratories, at least on a limited and selective basis, must have the ability to promptly pursue such research as opportunity dictates. Subsection (b)(1). Sections 2805 (a) and (b) (1) of title 10 were established under Public Law 97-214 and were effective October 1, 1982. This provision is available to the agency to perform minor construction which was not specified in the Military Construction requests. The dollar limitations contained in 2805 (a) and (b) of title 10 were last revised in 1991. The construction of laboratory and supporting facilities in direct support of state-of-the-art research and development historically is more expensive than similar sized projects in other construction categories. Specifically, there are unique safety, security, and operational requirements which inherently increase the cost for laboratory facilities. Increasing the limit of unspecified minor military construction to $3,000,000 for facilities in support of research, development, test, and evaluation (RDT) would allow the head of the laboratory the same relative latitude as the commander of other military programs. Subsection (b)(2). The provisions contained in section 2805(b)(2) were intended to insure proper Congressional control and oversight of the minor military construction flexibility granted to the Service Secretaries. While the provisions of this Bill would modify the dollar threshold level at which such notification to the Congress would be required for this demonstration program, an effective evaluation of this demonstration program does require an appropriate reporting function. Consequently the Department of Defense, through already existing internal mechanisms, intends to identify the scope, nature and dollar amount of the use of this authority. The Services will report to the Director of the Defense Research and Engineering at the end of each fiscal year on how this authority was utilized describing dollar amounts, sources of funds and projects undertaken. This data could be made available to the Congress as part of the evaluation of the program. Subsection (b)(3). The current provision found at section 2805(c)(1) setting a limit of $300,000 operation and maintenance funds for minor modifications and construction is appropriate for typical government office buildings, such as establishing walls and electrical outlets for an office. However, this dollar amount has been unduly restrictive for accomplishing laboratory modifications. To establish a state- of-the-art research and development environment, there are often special needs such as special ``clean room'' requirements, and special plumbing or ventilation requirements for safety equipment that cannot be met for $300,000. Raising the amount to $1,000,000 would allow the type of minor work available to most Commands but precluded to most Heads of Laboratories. Subsection (c). It is the intention of the legislation to conduct an experiment to determine the effectiveness and benefits of granting this authority. Consequently, some baseline participation must be established for comparative purposes to permit effective evaluation of the program. Subsection (d). The Department intends to document the performance and results of this program in order to effectively recommend to the Congress whether and with what changes this initiative should be made permanent. Subsection (e). This section is included to assure that the language of this Act does not limit any existing authority that may have been granted to one or more of the laboratories under this Program. Subsection (f). This section provides the definitions common to this Act. Subsection (g). This section is included to insure that appropriate recommendations are made to the Congress. Section 336. Repeal of certain depot-level maintenance provisions This section repeals sections 2466 and 2469 of chapter 146, title 10, United States Code. These sections impose limitations on the amount of depot-level maintenance of materiel that can be performed by non-federal government employees and place restrictions on changing the performance of maintenance workloads currently performed in depot level activities of the Department of Defense to other depots and to private industry. Section 2466 provides that not more than 40 percent of the funds made available in a Fiscal Year to a military department or a Defense Agency, for depot-level maintenance and repair workload may be used to contract for performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Repeal of Section 2466 will provide the Department of Defense and the military departments the needed flexibility to accomplish more than 40 percent of their depot maintenance workload by non-Federal Government employees when needed to achieve the best balance between the public and private sectors of the Defense industrial base. The repeal of Section 2466 will not increase the budgetary requirements of the Department of Defense. Section 2469 prohibits the Secretary of Defense or the Secretary of a Military Department from changing the performance of a depot-level maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change. The Department has suspended cost competitions for depot maintenance workloads because the data and cost accounting systems of the Department are not capable of determining actual costs for accomplishing specific depot [[Page S5809]] maintenance workloads in the depots. Repeal of Section 2469 will permit the Department of Defense and the military departments to shift workloads from one depot to another or to private industry as required to resize the depot maintenance infrastructure to support a smaller force structure. The repeal of section 2469 will not increase the budgetary requirements of the Department of Defense. This legislation will enable the Department to structure its organic Defense depot maintenance activities consistent with satisfying core logistics capability requirements that are based on providing effective support for national defense contingency situations and other emergencies. The proposed repeal of sections 2466 and 2469 will permit the Department of Defense to accomplish depot maintenance for weapon systems and equipment in the most cost effective and efficient manner. The Department is establishing core depot maintenance centers of excellence to retain the best quality products and services to support its combat forces. The Department's core depot maintenance concept promotes sharing of workload between Defense depots and private industry to accommodate teaming efforts and supports the best application of modern technology for accomplishing depot maintenance. The repeal of sections 2466 and 2469 will allow the Department to shift workloads from current depots to other Defense depots and to compete workloads in the private sector to achieve the lowest costs and best efficiency in support of the core depot maintenance concept. It will also enable the Department to size its depot maintenance infrastructure to best support emergency and contingency scenarios with the required levels of weapon systems readiness. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Title IV--Military Personnel Authorizations Subtitle A--Active Forces Section 401. End strengths for Active Forces Section 401 prescribes the personnel strengths for the Active Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Subtitle B--Reserve Forces Section 411. End strengths for Selected Reserve Section 411 prescribes the strengths for the selected Reserve of each reserve component of the Armed Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Section 412. End strengths for Reserves on active duty in support of the Reserves Section 412 prescribes the end strengths for reserve component members on full-time active duty or full-time National Guard duty for the purpose of administering the reserve forces. Subtitle C--Military Training Student Loads Section 421. Authorization of training student loads Section 421 provides for the average military training student loads in the numbers provided for this purpose in the President's amended budget for fiscal years 1996 and 1997. Title V--Military Personnel Policy Subtitle A--Officer Personnel Policy Section 501. Equalization of accrual of service credit for officers and enlisted members of the Armed Forces Subsection (a) amends section 972 of title 10 by combining and redrafting paragraphs (3) and (4) and by replacing ``liable'' with ``required''. These changes are intended to clarify the provision and do not make substantive change to the current law. Section 972 states that enlisted members must make up lost under certain circumstances before that time can be counted toward service for retirement. Subsection (b) amends title 10 by adding a new section 972a. The purpose of this new section is to prevent accrual of service credit to an officer of the armed forces under the following circumstances: (1) while in a deserter status; (2) while absent from duty, station, or organization for more than one day without proper authority; (3) while confined by military or civilian authorities for more than one day before, during or after trial; or (4) while unable for more than one day to perform duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from an officer's misconduct. These circumstances are the same as those under which an enlisted member is required to make up time lost under section 972 of title 10. Such time would not count in computing the officer's length of service for any purpose except the computation of basic pay under section 205 of title 37, including, but not limited to, voluntary retirement for length of service under chapters 367, 571, or 867 of title 10. Sections 3925 and 8925 of title 10 address computation of years of service for voluntary retirement by regular enlisted members of the Army and the Air Force, subject to the provisions of section 972. As noted above, section 972 states that enlisted members must make up time lost under certain circumstances before that time can be counted toward service for retirement. This made-up time ensures that the Army and the Air Force receive a full commitment based on an enlistment or induction contract. Comparable provisions relating to the Navy in chapter 571 of title 10, do not reference section 972 and do not have a provision comparable to sections 3925 and 8925. Sections 3929 and 8926 of title 10 address computation of years of service for voluntary retirement by regular and reserve commissioned officers of the Army and the Air Force. Comparable provisions relating to the Navy in chapter 571 of title 10, do not have a provision comparable to sections 3929 and 8926. Presently, there are no limitations placed on officers for actions similar to those in section 972. Officers continue to receive service credit towards retirement eligibility, higher longevity pay, and increased multiplier for retired pay purposes. At the same time, highly-qualified officers selected for early retirement cannot be extended past their mandatory retirement date to reach a pay increase point. This proposal will rectify these inequities. Subsections (c) and (e) amend sections 3926 and 8926 of title 10 to make reference to new section 972a in the same fashion that section 972 is referenced in sections 3925 and 8925 of title 10. Subsection (d) amends title 10 by adding a new section 6328 in chapter 571 to make reference to both sections 972 and 972a. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Section 502. Changes in general officer billet titles resulting from the reorganization of headquarters, Marine Corps The purpose of this legislation is to replace the current Sections 5041(b), 5044 and 5045 of Chapter 506 of title 10, United States Code, with language to reflect reorganization of Headquarters Marine Corps to more efficiently support the Commandant in his two roles as a member of the Joint Chiefs of Staff and as a Service Chief. Based on a Headquarters Marine Corps Reorganization Study, proposed changes were recommended to establish a viable organization that incorporates coherent, timely and forceful resource management and advocacy; General Officer efficiencies; and the ability to respond rapidly to emerging issues in a coordinated and comprehensive method. The following changes in general officer billet titles were proposed to more efficiently accomplish support to the Commandant: The Assistant Commandant of the Marine Corps to Vice Commandant of the Marine Corps; Deputy Chiefs of Staff of the Marine Corps to Deputy Commandants of the Marine Corps; Assistant Deputy Chiefs of Staff of the Marine Corps to Assistant Deputy Commandants of the Marine Corps; Assistant Chiefs of Staff of the Marine Corps to Assistant Commandants of the Marine Corps. This proposal will be effected at no cost to the Department of Defense or the Department of the Navy Section 503. Increase in the transition period for officers selected for early retirement Paragraphs (1) of subsections (a) and (b) would amend sections 581 and 638 of title 10, United States Code, to extend the transition period for officers selected for early retirement by three months. Under subsections 581(b) and 638(b)(1)(A) of title 10, an officer must be retired ``not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.'' Subsections (a) and (b) of this proposal would require officers selected for early retirement to be retired not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. Paragraphs (2) of subsections (a) and (b) would authorize the Secretary concerned to defer the retirement of an officer otherwise approved for early retirement under section 581, 638 or 638a of title 10 for not more than 90 days, in order to prevent a personal hardship for the officer or for other humanitarian reasons. Subsection (c) would exclude from counting for the purpose of determining authorized end strength under section 115 of title 10, those officers selected for early retirement whose mandatory retirement date has been deferred, for up to 90 days, by the Service Secretary for reason of personal hardship or other humanitarian reasons. Under current law, officers selected for early retirement have six months and some fraction of a seventh month to prepare for an involuntary transition to civilian life. In most cases, these officers have career expectations which are limited only by statutory restrictions on years of commissioned service and, therefore, are not prepared to make this sudden, unwanted transition. Many of the officers selected for early retirement must seek and attain post-military service employment, move families to retirement locations, meet current financial obligations such as mortgage payments and college tuition costs for older children and work around secondary and elementary education school schedules for younger children. Compressing these major events into a six month period is difficult, particularly if the officer is deployed or stationed overseas. Extending the transition period by three months would not only permit officers selected for early retirement to plan a more [[Page S5810]] orderly transition to civilian life while still performing in their military positions, but would also provide the Services more time in which to identify and detail reliefs for these officers while still meeting fiscal year officer end strength requirements. This proposal to increase the transition period for officers selected for early retirement by three months is a modest, but necessary change which will positively affect one of the military's most negative personnel reduction processes. While this change will not eliminate an officer's shock of being forcibly retired early from a Service, it will soften the impact for affected officers and their families who have dedicated 20 or more years of faithful and professional military service to the United States. There is no cost associated with this proposal. Selective Early Retirement Boards could be convened three months earlier to offset any net increase in total pay and allowances expended as a result of the three month extension in the transition period. Section 504. Revision in the authorized strength limitations for Air Force commissioned officers on active duty in the grade of major This section would authorize the Secretary of the Air Force to raise temporarily the ceiling on the number of majors on active duty in the Air Force by 1,100. Such statutory authority would allow the Air Force to accelerate promotion timing to meet congressional intent as expressed through the Defense Officer Personnel Management Act. This proposal will not increase the total number of commissioned officers authorized by the Air Force and will not impede planned reductions in the officer force. Section 505. Revision in the authorized strength limitations for Navy commissioned officers on active duty in grades of lieutenant commander, commander, and captain This section temporarily and uniformly raises the ceilings on the numbers of lieutenant commanders, commanders and captains on active duty in Navy by 910, 722 and 300, respectively. This temporary increase in ceilings is necessary to provide sufficient grade authorizations to maintain Unrestricted and Nurse promotion flow and opportunity within Defense Officer Personnel Management Act (DOPMA) guidelines. This temporary authority would expire on the 30th of September, 1997, by which time Navy post-draw down officer requirements and end strength will have stabilized, and a more precise determination of permanent grade table relief requirements can be made. For the long term, Navy requires permanent grade table relief to maintain officer career progression within Defense Officer Personnel Management Act guidelines. Navy will pursue this permanent relief as part of a joint Service effort coordinated by the Department of Defense. Navy's Unrestricted Line O-4 flow point will exceed the Defense Officer Personnel Management Act guideline of 11 years in fiscal year 1999, and peak at 13 years and 6 months in fiscal year 2003, despite the use of forced attrition programs to control this increase. As the significant career milestone of promotion to O-4 slips further off into the future, Navy will find it increasingly more difficult to attract high-caliber officers and retain its best junior officers, particularly in the current climate of declining strength, increased forced attrition and reduced retirement benefits. To provide Nurse Corps officers with comparable promotion opportunity and, Navy has had to provide substantial internal compensation to the Nurse Corps. Without this ``compensation'' Nurse Corps promotion opportunity and timing would remain outside of the Defense Officer Personnel Management Act promotion system guidelines indefinitely at the grades of commander and captain. In the current environment of declining strength this compensation is becoming increasingly more difficult to provide. The proposed temporary change to the grade table will provide sufficient grade relief to maintain Unrestricted Line and Nurse Corps promotion opportunity and timing within Defense Officer Personnel Management Act guidelines and ensure Navy's ability to attract and retain the high-caliber officers it requires. The approximate cost to implement this initiative is estimated as follows (in millions): Fiscal Year 1996: 00.00; Fiscal Year 1997: 10.00. These amounts have not been included in any estimates for appropriations submitted through budget channels by the Department of Defense. Section 506. Authorization of general or flag officer promotion zones This section amends section 645 of title 10 to clarify the definitions of promotion zones which are applicable to Chapter 36 of title 10. The modified definitions will not require executive level officers (grades 0-6 and above) to be placed in a promotion eligibility category (above the zone) for officers who have failed of selection for promotion. Executive level officers become eligible to be selected for promotion when they have one year service in grade, and remain eligible unless selected for promotion or retired. In part, the Defense Officer Personnel Management Act (DOPMA) was enacted to make uniform the provisions of law relating to promotion of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps. The Defense Officer Personnel Management Act was, however, enacted primarily for the purpose of field grade officer management. At the time of the Defense Officer Personnel Management Act's enactment, it was apparent that executive level officers were not intended to be subject to all of the provisions of the Defense Officer Personnel Management Act. The House of Representatives Report of the Committee on Armed Services which accompanied Senate bill 1918 states ``this category of executives is in many ways unique and can and should be managed accordingly. The small numbers involved permit this, and the importance of the resource demands this.'' The House report further states that ``the concept of failing selection for promotion does not apply when officers are not selected for promotion to the flag and general officer grades.'' Given that executive level officers do not fail selection for promotion and, therefore, should not be placed in an ``above the promotion zone'' category, it is proposed that the definition of ``promotion zone'' be modified to include executive level officers considered previously for promotion. The proposed amendment would, therefore, clarify that such officers are not above the zone, and thereby eliminate any stigma of failing of selection, bringing the statute squarely within the apparent intent of Congress. There are no other provisions of the Defense Officer Personnel Management Act which are affected by the proposed modifications. There are no costs associated with this legislation. Subtitle B--Reserve Component Matters Section 511. Repeal of requirement for physical examination on calling militia into Federal service This section repeals section 12408 of title 10, United States Code, which requires that each member of the National Guard receive a physical examination when called into, and again when mustered out of, Federal service as militia. For short periods of such service, this requires two complete physical examinations during a period of days or weeks. In view of other statutory and regulatory requirements for periodic medical examinations and physical condition certifications for members of the National Guard, this additional examination requirement is unnecessary, administratively burdensome, and expensive, and could impede the rapid and efficient mobilization of the National Guard for civil emergencies. There is no corresponding statutory requirement for physical examinations when members of the National Guard or other reserve components are ordered to active duty as reserves. Section 512. Military leave for public safety duty performed by members of the Reserve components of the Armed Forces This section amends section 6323(b) of title 5 by permitting employees to elect, when performing duties described in that section, either military leave under that subsection or annual leave or compensatory time to which they are otherwise entitled. This amendment would not permit use of sick leave for the performance of military duty described in section 6323(b). Section 513. Change to Reserve Officers' Training Corps advanced course admission requirements This section amends section 2104(b)(6)(A)(ii) of title 10 to permit the Secretary of the military department to prescribe the length of the field training or practice cruise that persons who have not participated in the first two years of Reserve Officers' Training Corps must complete to be enrolled in the Reserve Officers' Training Corps Advanced Course. Currently, the preliminary training must last at least six weeks. This proposal authorizes the Secretary concerned to prescribe the length of the field training or practice cruise required for admission to the Reserve Officers' Training Corps Advanced Course. Section 514. Clarifying use of military morale, welfare, and recreation facilities by Retired Reservists This section amends section 1065(a) of title 10, United States Code, to give members of the Retired Reserve who would be eligible for retired pay but for the fact that they are under 60 years of age (gray area reservists) the same priority for use of morale, welfare, and recreation (MWR) facilities of the military services as members who retired after active-duty careers. Currently, section 1065(a), enacted in 1990, gives the retired reservists the same priority as active-duty members. They, therefore, have preference over retirees from active duty. This section amends the current section 1065(a) by revising the last sentence to correct this inequity. Enactment of this section will not result in an increase in the budgetary requirements of the Department of Defense. Section 515. Objective to increase percentage of prior active duty personnel in the Selected Reserve Section 1111(a) of the National Defense Authorization Act for Fiscal Year 1993 provides that the Secretary of the Army shall have an objective of increasing the percentage of prior active duty personnel in the Army National Guard to 65 percent in the case of officers and 50 percent in the case of enlisted members. This change would amend section 1111 and eliminate from the law what may be seen as essentially an arbitrary percentage as a target. It will also facilitate increasing [[Page S5811]] the active duty percentage of the career officer and enlisted leadership under Department objectives established by the Army's Section 1111 Congressional Plan submitted to Congress in January, 1994. The plan, developed after months of extensive modeling and analysis by the Deputy Chief of Staff for Personnel, supports objectives of 65 percent for warrant officers and commissioned officers in the grades above first lieutenant and below brigadier general. It also limited the grades for enlisted members to sergeants and above and increased the objective from 50 to 60 percent. Section 516. Wear of military uniform by National Guard technicians This section would amend section 709 of title 32, United States Code to provide that National Guard technicians who are required as a condition of such civilian employment to be members of the National Guard are also required to wear military uniforms in the course of performing their duties as technicians. These technicians are currently required to wear uniforms in their civilian jobs, and this requirement has been upheld by the Federal Labor Relations Authority and the courts. Recent decisions by the Federal Labor Relations Authority and the FSIP have required state National Guard organizations to negotiate with employee unions on the civilian clothing allowance under 5 U.S.C. 5901. These decisions may result in state Guard organizations being required to provide monetary civilian clothing allowances to compensate technicians that have already been furnished the required military uniforms under the military wear and tear replacement provisions of 37 U.S.C. 418. Subsection (b) would allow a period of service as a technician by a person who is an officer in the National Guard to be considered active duty for the purposes of uniform allowances for officers under title 37. This would place technician officers on the same footing as AGRs as to eligibility for uniform allowances. This subsection would also provide that these allowances are exclusive of civilian uniform allowances authorized under titles 5 and 10. Subsection (c) would authorize more frequent issuance of military uniforms to members of the National Guard who are technicians, as a result of wear and tear from wear during the course of their civilian employment. It would also provide that the issuance of uniforms or provision of a uniform allowance to these technicians under 37 U.S.C. 418 would be exclusive of authority to provide civilian uniforms or allowances under 5 U.S.C. 5901 or 10 U.S.C. 1593. Section 517. Active duty retirement sanctuary for reservists This section amends sections 1163(d) of title 10 to provide for an exception to the active duty retirement sanctuary provision for a member of a reserve component, who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system. T

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - April 27, 1995)

Text of this article available as: TXT PDF [Pages S5805-S5843] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. THURMOND (for himself and Mr. Nunn) (be request): S. 727. A bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes; to the Committee on Armed Services. the national defense authorization act for fiscal year 1996 Mr. THURMOND. Mr. President, by request, for myself and the senior Senator from Georgia [Mr. Nunn], I introduce, for appropriate reference, a bill to authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strength for fiscal year 1996, and for other purposes. I ask unanimous consent that a letter of transmittal requesting consideration of the legislation and a section-by-section analysis explaining its purpose be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: General Counsel of the Department of Defense, Washington, DC, April 20, 1995. Hon. Albert Gore, President of the Senate, Washington, DC. Dear Mr. President: The Department of Defense proposes the enclosed draft of legislation, ``To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 1996, and for other purposes.'' This legislative proposal is part of the Department of Defense legislative program for the 104th Congress and is needed to carry out [[Page S5806]] the President's budget plans for fiscal year 1996. The Office of Management and Budget advises that there is no objection to the presentation of this proposal to the Congress and that its enactment would be in accord with the program of the President. This bill provides management authority for the Department of Defense in fiscal year 1996 and makes several changes to the authorities under which we operate. These changes are designed to permit a more efficient operation of the Department of Defense. Enactment of this legislation is of great importance to the Department of Defense and the Department urges its speedy and favorable consideration. Sincerely, Judith A. Miller. ____ National Defense Authorization Act for Fiscal Year 1996 section-by-section analysis Title I--Procurement Authorization of Appropriations Section 101. Army Section 102. Navy and Marine Corps Section 103. Air Force Section 104. Defense-wide activities Section 105. Defense Inspector General Section 106. Chemical demilitarization program Section 107. Defense health program Sections 101 through 107 provide procurement authorization for the Military Departments and for Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 108. Repeal of requirement for separate budget request for procurement of reserve equipment Section 108 repeals the provisions of section 114(e) of title 10, United States Code, requiring a separate budget request for the procurement of Reserve equipment. Title II--Research, Development, Test, and Evaluation Section 201. Authorization of appropriations Section 201 provides for the authorization of each of the research, development, test, and evaluation appropriations for the Military Departments and Defense Agencies in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Title III--Operation and Maintenance Subtitle A--Authorization of Appropriations Section 301. Operation and maintenance funding Section 301 provides for authorization of the operation and maintenance appropriations of the Military Departments and Defense-wide appropriations in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 302. Working capital funds Section 302 authorizes appropriations for the Defense Business Operations Fund and the National Defense Salified Fund in amounts equal to the budget authority included in the President's budget for fiscal years 1996 and 1997. Section 303. Civilian Marksmanship Program fund Section 303 amends the provisions of section 4308 and 4313 of title 10, United States Code, relating to the Civilian Marksmanship Program, to reflect the President's Budget proposal that the Program be funded exclusively from reimbursements received in the execution of the program. Section 304. Repeal of limitations on activities of Defense Business Operations Fund Section 304 amends section 316(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal limitations on the activities of the Defense Business Operations Fund Section 305. Amendments relating to the Ready Reserve Force Component of the Ready Reserve Fleet Section 305 amends the provisions of section 2218 of title 10, United States Code, relating to the National Defense Sealift Fund, to reflect the funding for the Ready Reserve Component of the Fleet by the Department of Defense as requested in the President's budget. Subtitle B--Reserve Component Section 321. Reimbursement of pay and allowances and accountability of Reservists supporting cooperative threat reduction with States of the Former Soviet Union. This section amends section 1206 of the National Defense Authorization Act for Fiscal Year 1995, which authorizes funds for the execution of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160) by adding two new subsections. New subsection (c) would permit funds appropriated to execute programs authorized by the Cooperative Threat Reduction Act to be utilized to reimburse the military personnel appropriations accounts for the pay and allowances paid to reserve component personnel for service while engaged in any program authorized by this Act. The utilization of Reserve component personnel, particularly in expansion of military-to-military and defense contacts, is particularly advantageous. Permitting these funds to be used to reimburse the active military appropriations accounts removes a significant resource impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (a) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contracts and Comparable Activities. New subsection (d) would exempt members of a reserve component participating in activities or programs specified in the Cooperative Threat Reduction Act of 1993 who served over 180 days from counting against the authorized end strength for members of the armed forces on active duty under section 115(a)(1) of title 10 and against the senior grade strength limitations of sections 517 and 523 of title 10. Approval of this exemption from end strength and senior grade strength limitations removes an impediment to increasing the opportunities for ordering individual reserves to active duty with their consent as specified in section 513 of the National Defense Authorization Act for Fiscal Year 1995. A similar provision was passed by the 103rd Congress in section 1316 (c) of the National Defense Authorization Act for Fiscal Year 1995 for Military-to-Military Contacts and Comparable Activities. There are no additional costs associated with enacting this legislation. Section 322. Authority for Department of Defense funding for National Guard participation in joint exercises with the Army and Air Force for disaster and emergency assistance This section would authorize the Secretary of the Army and the Secretary of the Air Force to provide for personnel of the National Guard, using funds appropriated for National Guard training exercises, to participate in joint exercises with the Army and Air Force to train for disaster and emergency response, and would thus allow these personnel to participate in such exercises in a Federally paid (title 32) status under state authority. Under current law, Department of Defense funding for the National Guard may not be used for training the National Guard for disaster and emergency response. Funding for this training is the responsibility of the states and FEMA, and such training must be done in a state active duty status. This provision would authorize a limited exception to this allocation of responsibility by permitting use of Department of Defense funds and title 32 status for the Guard when engaged in joint exercises with the Army or Air Force for disaster and emergency response training. Disaster and emergency response training and exercises of the National Guard when not conducted in conjunction with the Army or the Air Force would continue to be a state and FEMA responsibility. This amendment will ensure that National Guard personnel participating in joint exercises with members of the other components of their armed forces are eligible for the same protections and benefits as their counterparts from the Army Reserve, Air Force Reserve, and Regular components with whom they are participating. It will also avoid situations where lack of state or FEMA funds preclude participation by Guard units in joint exercises and thereby undermine the efficacy of those exercises. Subtitle C--Other Matters Section 331. Aviation and vessel war risk insurance The purpose of this legislation is to provide a means for rapid payment of claims and the rapid reimbursement of the insurance funds to protect commercial carriers assisting the Executive Branch from catastrophic losses associated with the destruction or damage to aircraft or ships while supporting the national interests of the United States. Allowing the Department of Defense to transfer any and all available funds will allow the United States, in these two vital reinsurance programs, to match standard commercial insurance practice for the timely payment required by financial arrangements common in the transportation industry today. Reporting and the requirements for supplemental appropriations, if any, ensures Congressional oversight at all stages. Subsections (a) and (b) of the proposed legislation set forth the short title and the findings and purposes, respectively. Subsection (c) of the proposed legislation amends section 44305 of title 49, United States Code, by adding a new subsection (c). Subsection (c)(1) allows transfer of any funds available to the Department of Defense, regardless of the purpose of those funds. Although other authorities may exist to transfer funds, limitations as to amounts and priorities make these authorities insufficient to rapidly respond to the obligations of the Department of Defense under the current law, especially if contingencies or war-time conditions exist. Proposed language would not distinguish between types of insurance or risk, so long as the Federal Aviation Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Aviation Insurance Program, next scheduled to take place in 1997. Subsection (c)(2) provides specific time limits with which the Secretary of Defense must pay claims and reimburse the Federal Aviation Administration. Notification to Congress and the 30 day delay before transfer [[Page S5807]] required in other statutes is waived. The most important issue for the air carriers is the replacement of the hull so that they may continue operations, including supporting the requesting agency, without idling crews or having to lay off personnel due to the lack of airframes. A longer time frame is provided for other claims, such as liability to third parties, as normal claims procedures can adequately protect their interests. Subsection (c)(3) requires reports to Congress within 30 days of loss for amounts in excess of one million dollars, with periodic updates to ensure Congress is aware of amounts being transferred and paid out under the chapter 443 program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. Subsection (d) of the proposed legislation amends section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) by adding a new subsection 9c). Subsection (c)(1) authorizes the Secretary of Defense to transfer funds available to the Department to pay claims by contractors, for the damage or loss of vessels and death or injury to personnel, insured pursuant to Title XII of the Merchant Marine Act, 1936, or loss or damage associated therewith. Proposed language would not distinguish between types of insurance or risk, so long as the Maritime Administration had issued a policy covering the risk. The language would not limit the authority to a specific fiscal year, but would be ongoing without need for reenactment periodically by Congress. Such Congressional oversight is already in place through the reauthorization of the Vessel War Risk Insurance Program, next scheduled to take place before the 30 June 1995 expiration (46 App. U.S.C. Sec. 1294). Subsection (c)(2) provides specific time limits within which the Secretary of Defense must reimburse the Secretary of Transportation. Subsection (c)(3) requires reports to Congress on a periodic basis for claims paid in amounts in excess of one million dollars to ensure Congress is aware of amounts being transferred and paid out under the Title XII program. As supplemental appropriations may be necessary, Congress will have sufficient information on which to base a decision regarding the supplemental appropriations. The addition of subsection (c) to section 44305 of title 49, United States Code, and subsection (c) to section 1205 of the Merchant Marine Act, 1936, (46 App. U.S.C. Sec. 1285) would allow the Department of Defense to rapidly pay claims resulting from damages or injuries caused by risks covered by the respective programs as a consequence of providing transportation to the United States when commercial insurance companies refuse to cover such risks on reasonable terms and conditions. The requirement to reimburse the Federal Aviation Administration or the Maritime Administration already exists; however, the only method for payment currently available may involve requesting supplemental appropriations from Congress. Such a process historically has taken six months or longer. Many air carriers have indicated their financial obligations may not allow them to continue to support the United States if rapid payment for losses cannot be made. Commercial aircraft insurance policies and practice require payment in less than 30 days when cause is not an issue, usually within 72 hours. If enacted, this legislation would not result in an increase in the budgetary requirements of the Department of Defense. Section 332. Testing of theater missile defense interceptors The purpose of this legislation is to eliminate the requirement to attempt complex, multi-shot-engagement scenarios with relatively immature Engineering Manufacturing Development hardware when these same scenarios must be performed with production-representative hardware during the Initial Operational Test and Evaluation (IOT) phase. The requirement to demonstrate interceptor performance under operationally realistic conditions with production- representative hardware already exists. The premature duplication of this testing will only add greater technical complexity, cost, and risk to the program and provide little if any technical value. Theater Missile Defense (TMD) interceptor performance will be performed during the Initial Operational Test and Evaluation (IOT) phase and results reported to Congress prior to the system being allowed to enter production. The Director of Operational Test and Evaluation, Office of the Secretary of Defense, will prepare and submit a Beyond Low- Rate Initial Production Report. This report will confirm that adequate testing, including multi-shot scenarios, has been completed. This testing must be conducted in operational environments and scenarios, consistent with conditions that the interceptor will be expected to operate in when fielded. Section 333. Authority to assign overseas school personnel to domestic schools and vice versa This section would authorize the Secretary of Defense to assign personnel of either the school system established under section 2164 of title 10 or the school system established by the Defense Dependents' Education Act of 1968 (title XIV of the Education Amendments of 1978; 20 U.S.C. 921 et seq.) to provide administrative, logistical, personnel, and other support services to the other system, either in addition to, or in place of, their normal duties. Such assignments may be for the period prescribed by the Secretary. Section 334. Authorization for expenditure of O and procurement funds for the accelerated architecture acquisition initiative This section amends title 10 by adding a new section 2395a the purpose of which is to allow the Central Imagery Office (CIO), as a Combat Support Agency, to expend currently- programmed O and Procurement funds to establish, implement, and deploy a worldwide imagery architecture. Having flexibility to use these funds will provide the Central Imagery Office the ability to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. In the past, numerous studies and evaluations have indicated that the United States imagery system was unable to provide required imagery support in a timely manner. The experience of Desert Shield/Desert Storm reinforced those evaluations. The Central Imagery Office was created and assigned responsibility for enhancing the ability of the military departments, Unified Commands, their components, Joint Task Forces, tactical units, and other activities to make use of all imagery assets in a timely manner. The Accelerated Architecture Acquisition Initiative is a key program through which the Central Imagery Office will develop and field systems to provide real-time access to and dissemination from existing and planned imagery collection systems (national and theater) to defend and national users worldwide, real-time access to distributed digital imagery and imagery-product archives, and enhancements to and increases in the capacity of existing Department of Defense data networks to accommodate increased requirements from the imagery assets. Critical to the success of the Accelerated Architecture Acquisition Initiative is centralized management and oversight to balance requirements to ensure successful development, procurement, and development of necessary hardware, software, communications, and services. Central Imagery Office must ensure the standardization, compatibility, and interoperability of equipment and processes to provide a worldwide system for required, timely imagery support. A key element the Accelerated Architecture Acquisition Initiative is the near-term provision to JCS- selected users of that equipment necessary to receive and use digital imagery products. The Central Imagery Office's proposal provides the express language needed in the 1996 Appropriations Act for authority to purchase and deploy hardware, software, and communications, using Central Imagery Office funds, for activities funded in the Department of Defense-funded portion of the NFIP. Without this special provision, 31 U.S.C. section 1301A would prevent the Central Imagery Office from using funds appropriated to it in the defense-wide appropriation in this manner. The Central Imagery Office will be unable to carry out its intended emission to deliver Accelerated Architecture Acquisition Initiative capabilities to the organizations that require them and to establish successfully the Accelerated Architecture Acquisition Initiative architecture worldwide. This legislation will allow for an efficient and highly flexible way for the Central Imagery Office to deploy needed capabilities during crisis and emergencies, to meet changing imagery requirements, ensure readiness, and provide timely support to military operations. Enactment of this proposal will not increase the budgetary requirement of the Department of Defense. Section 335. Establishment of a Department of Defense Laboratory Revitalization Demonstration Program The authority would establish a test program to allow the heads of selected defense laboratories greater flexibility to undertake facilities modernization without the requirement to seek approval from higher levels. The purpose of the program is to reduce the amount of time required to upgrade research and development capabilities at Department of Defense laboratories. The provision would recognize that facilities construction in support of research and development is historically more expensive than similar-sized projects in other construction categories. For test program laboratories, the provision would raise the threshold from $1.5 million to $3.0 million for minor military construction projects that the Secretary of Defense may carry out without specific authorization in law. The provision would also raise the threshold for minor military construction projects requiring prior Secretary of Defense approval from $500,000 to $1.5 million. Finally, the provision would raise for selected laboratories the threshold from $300,000 to $1.0 million for the value of any unspecified military construction project for which operation and maintenance funds may be used. The test authority would expire on September 30, 2000. It would also require the Secretary of Defense to designate participating laboratories before the test may begin and to report to Congress on the lessons learned from the test program one year before it is terminated. Subsection (a). A healthy and responsive defense laboratory system is essential to the [[Page S5808]] national defense and security, and to foster the growth and development of new technologies having both military and civilian applications. A strong and flexible defense laboratory system, staffed by top quality scientists, technicians, and engineers, with state-of-the-art equipment and facilities is critical to meeting new and changing world threats, as well as maintaining America's technological military leadership. The ability of defense laboratories to rapidly introduce technological innovation into military systems, and to respond to technological exigencies has been significantly degraded by requirements that the laboratories conduct their facilities modernization functions under a set of complex and time consuming procedures inappropriate to laboratory operations. The inability of our laboratories and centers to modernize antiquated facilities in a prompt fashion has resulted in an ineffective and inefficient use of tax dollars. The Secretary of Defense has determined that many of the problems in the defense laboratory system stem from the application of procedures and processes to the laboratories that are inappropriate to the research and development community. The Secretary anticipates that the elimination of certain unnecessary and cumbersome restrictions would result in much more efficient and effective laboratories. The Secretary has already selected laboratories from each of the military departments to participate in a demonstration program to substantiate the hypothesis. Currently, internal procedures and regulations are being updated, streamlined, or abolished for the purpose of the demonstration program. This proposal is intended to make those legislative changes identified by the Secretary of Defense as necessary to partially implement the Demonstration Program. In implementing any authorizations in this Act that are waivers or exceptions to existing law or laws, the Secretary will assure that the basic purposes and interests of the original laws will be carried out and protected in a manner most appropriate to the research and development community. The Secretary will review and evaluate the findings of the demonstration program, and make appropriate recommendations as to the applicability of legislative changes to all Department of Defense laboratories. Subsection (b). This section is aimed at improving the research and development facility based by enhancing the process for upgrading the facilities including built-in equipment necessary for performing state-of-the-art research and development. The inherently complex nature of conducting modern research requires facilities, equipment and support infrastructure that are simply more expensive, on a unit basis, than other types of military support activity. For example, representative examples of minor facilities construction obtained from each of the three Services from their fiscal year 1993 minor military construction (MILCON) requests, show laboratory construction, expansion or reconfiguration costing, on a square foot basis, about three times what a similarly sized office building cost. Aside from meeting and responding to military crises such as Desert Storm, the very nature of the experimental process requires a rapid response to a scientific discovery. Often significant new information can be acquired by building on an existing experiment if that ``add on'' experiment can be put in place in a coherent fashion. Time is of the essence if experimental opportunities are to be maximized and efficiently exploited. Operating and maintaining a government owned research and development facility base is in the best interests of the nation for the following reasons; The Department of Defense research and development operations perform research and development activities quickly in response to operational needs. Examples of government scientists involved in the Desert Storm operation attest to the efficacy of the Department of Defense laboratory programs. Having Federal employees dedicated to defense research and development assists in assuring accurate communications and continuity of research and development assistance. The cadre of government scientists with contemporary facilities assures that government managers have knowledgeable unbiased advisors on research and development, i.e., the ``smart buyer'' model. To stay current, scientists must not only continue their academic education, but need to be actively involved in contemporary research and development. There are certain types of research and development that the government needs to maintain, due to their sensitive nature. Specific examples include chemical and biological agents, and nuclear effects. There are some types of research and development that are not accomplished in private institutions, but are necessary for military operations. Specific examples include fuzing, communications network defense, special sensors, special military related medical research, and night vision equipment. There are certain types of generic research in exotic or speculative areas which may have significant future military impact. Our laboratories, at least on a limited and selective basis, must have the ability to promptly pursue such research as opportunity dictates. Subsection (b)(1). Sections 2805 (a) and (b) (1) of title 10 were established under Public Law 97-214 and were effective October 1, 1982. This provision is available to the agency to perform minor construction which was not specified in the Military Construction requests. The dollar limitations contained in 2805 (a) and (b) of title 10 were last revised in 1991. The construction of laboratory and supporting facilities in direct support of state-of-the-art research and development historically is more expensive than similar sized projects in other construction categories. Specifically, there are unique safety, security, and operational requirements which inherently increase the cost for laboratory facilities. Increasing the limit of unspecified minor military construction to $3,000,000 for facilities in support of research, development, test, and evaluation (RDT) would allow the head of the laboratory the same relative latitude as the commander of other military programs. Subsection (b)(2). The provisions contained in section 2805(b)(2) were intended to insure proper Congressional control and oversight of the minor military construction flexibility granted to the Service Secretaries. While the provisions of this Bill would modify the dollar threshold level at which such notification to the Congress would be required for this demonstration program, an effective evaluation of this demonstration program does require an appropriate reporting function. Consequently the Department of Defense, through already existing internal mechanisms, intends to identify the scope, nature and dollar amount of the use of this authority. The Services will report to the Director of the Defense Research and Engineering at the end of each fiscal year on how this authority was utilized describing dollar amounts, sources of funds and projects undertaken. This data could be made available to the Congress as part of the evaluation of the program. Subsection (b)(3). The current provision found at section 2805(c)(1) setting a limit of $300,000 operation and maintenance funds for minor modifications and construction is appropriate for typical government office buildings, such as establishing walls and electrical outlets for an office. However, this dollar amount has been unduly restrictive for accomplishing laboratory modifications. To establish a state- of-the-art research and development environment, there are often special needs such as special ``clean room'' requirements, and special plumbing or ventilation requirements for safety equipment that cannot be met for $300,000. Raising the amount to $1,000,000 would allow the type of minor work available to most Commands but precluded to most Heads of Laboratories. Subsection (c). It is the intention of the legislation to conduct an experiment to determine the effectiveness and benefits of granting this authority. Consequently, some baseline participation must be established for comparative purposes to permit effective evaluation of the program. Subsection (d). The Department intends to document the performance and results of this program in order to effectively recommend to the Congress whether and with what changes this initiative should be made permanent. Subsection (e). This section is included to assure that the language of this Act does not limit any existing authority that may have been granted to one or more of the laboratories under this Program. Subsection (f). This section provides the definitions common to this Act. Subsection (g). This section is included to insure that appropriate recommendations are made to the Congress. Section 336. Repeal of certain depot-level maintenance provisions This section repeals sections 2466 and 2469 of chapter 146, title 10, United States Code. These sections impose limitations on the amount of depot-level maintenance of materiel that can be performed by non-federal government employees and place restrictions on changing the performance of maintenance workloads currently performed in depot level activities of the Department of Defense to other depots and to private industry. Section 2466 provides that not more than 40 percent of the funds made available in a Fiscal Year to a military department or a Defense Agency, for depot-level maintenance and repair workload may be used to contract for performance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Repeal of Section 2466 will provide the Department of Defense and the military departments the needed flexibility to accomplish more than 40 percent of their depot maintenance workload by non-Federal Government employees when needed to achieve the best balance between the public and private sectors of the Defense industrial base. The repeal of Section 2466 will not increase the budgetary requirements of the Department of Defense. Section 2469 prohibits the Secretary of Defense or the Secretary of a Military Department from changing the performance of a depot-level maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change. The Department has suspended cost competitions for depot maintenance workloads because the data and cost accounting systems of the Department are not capable of determining actual costs for accomplishing specific depot [[Page S5809]] maintenance workloads in the depots. Repeal of Section 2469 will permit the Department of Defense and the military departments to shift workloads from one depot to another or to private industry as required to resize the depot maintenance infrastructure to support a smaller force structure. The repeal of section 2469 will not increase the budgetary requirements of the Department of Defense. This legislation will enable the Department to structure its organic Defense depot maintenance activities consistent with satisfying core logistics capability requirements that are based on providing effective support for national defense contingency situations and other emergencies. The proposed repeal of sections 2466 and 2469 will permit the Department of Defense to accomplish depot maintenance for weapon systems and equipment in the most cost effective and efficient manner. The Department is establishing core depot maintenance centers of excellence to retain the best quality products and services to support its combat forces. The Department's core depot maintenance concept promotes sharing of workload between Defense depots and private industry to accommodate teaming efforts and supports the best application of modern technology for accomplishing depot maintenance. The repeal of sections 2466 and 2469 will allow the Department to shift workloads from current depots to other Defense depots and to compete workloads in the private sector to achieve the lowest costs and best efficiency in support of the core depot maintenance concept. It will also enable the Department to size its depot maintenance infrastructure to best support emergency and contingency scenarios with the required levels of weapon systems readiness. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Title IV--Military Personnel Authorizations Subtitle A--Active Forces Section 401. End strengths for Active Forces Section 401 prescribes the personnel strengths for the Active Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Subtitle B--Reserve Forces Section 411. End strengths for Selected Reserve Section 411 prescribes the strengths for the selected Reserve of each reserve component of the Armed Forces in the numbers provided for by the budget authority and appropriations requested for the Department of Defense in the President's budget for fiscal years 1996 and 1997. Section 412. End strengths for Reserves on active duty in support of the Reserves Section 412 prescribes the end strengths for reserve component members on full-time active duty or full-time National Guard duty for the purpose of administering the reserve forces. Subtitle C--Military Training Student Loads Section 421. Authorization of training student loads Section 421 provides for the average military training student loads in the numbers provided for this purpose in the President's amended budget for fiscal years 1996 and 1997. Title V--Military Personnel Policy Subtitle A--Officer Personnel Policy Section 501. Equalization of accrual of service credit for officers and enlisted members of the Armed Forces Subsection (a) amends section 972 of title 10 by combining and redrafting paragraphs (3) and (4) and by replacing ``liable'' with ``required''. These changes are intended to clarify the provision and do not make substantive change to the current law. Section 972 states that enlisted members must make up lost under certain circumstances before that time can be counted toward service for retirement. Subsection (b) amends title 10 by adding a new section 972a. The purpose of this new section is to prevent accrual of service credit to an officer of the armed forces under the following circumstances: (1) while in a deserter status; (2) while absent from duty, station, or organization for more than one day without proper authority; (3) while confined by military or civilian authorities for more than one day before, during or after trial; or (4) while unable for more than one day to perform duties because of intemperate use of drugs or alcoholic liquor, or because of disease or injury resulting from an officer's misconduct. These circumstances are the same as those under which an enlisted member is required to make up time lost under section 972 of title 10. Such time would not count in computing the officer's length of service for any purpose except the computation of basic pay under section 205 of title 37, including, but not limited to, voluntary retirement for length of service under chapters 367, 571, or 867 of title 10. Sections 3925 and 8925 of title 10 address computation of years of service for voluntary retirement by regular enlisted members of the Army and the Air Force, subject to the provisions of section 972. As noted above, section 972 states that enlisted members must make up time lost under certain circumstances before that time can be counted toward service for retirement. This made-up time ensures that the Army and the Air Force receive a full commitment based on an enlistment or induction contract. Comparable provisions relating to the Navy in chapter 571 of title 10, do not reference section 972 and do not have a provision comparable to sections 3925 and 8925. Sections 3929 and 8926 of title 10 address computation of years of service for voluntary retirement by regular and reserve commissioned officers of the Army and the Air Force. Comparable provisions relating to the Navy in chapter 571 of title 10, do not have a provision comparable to sections 3929 and 8926. Presently, there are no limitations placed on officers for actions similar to those in section 972. Officers continue to receive service credit towards retirement eligibility, higher longevity pay, and increased multiplier for retired pay purposes. At the same time, highly-qualified officers selected for early retirement cannot be extended past their mandatory retirement date to reach a pay increase point. This proposal will rectify these inequities. Subsections (c) and (e) amend sections 3926 and 8926 of title 10 to make reference to new section 972a in the same fashion that section 972 is referenced in sections 3925 and 8925 of title 10. Subsection (d) amends title 10 by adding a new section 6328 in chapter 571 to make reference to both sections 972 and 972a. The enactment of this proposal will not increase the budgetary requirements of the Department of Defense. Section 502. Changes in general officer billet titles resulting from the reorganization of headquarters, Marine Corps The purpose of this legislation is to replace the current Sections 5041(b), 5044 and 5045 of Chapter 506 of title 10, United States Code, with language to reflect reorganization of Headquarters Marine Corps to more efficiently support the Commandant in his two roles as a member of the Joint Chiefs of Staff and as a Service Chief. Based on a Headquarters Marine Corps Reorganization Study, proposed changes were recommended to establish a viable organization that incorporates coherent, timely and forceful resource management and advocacy; General Officer efficiencies; and the ability to respond rapidly to emerging issues in a coordinated and comprehensive method. The following changes in general officer billet titles were proposed to more efficiently accomplish support to the Commandant: The Assistant Commandant of the Marine Corps to Vice Commandant of the Marine Corps; Deputy Chiefs of Staff of the Marine Corps to Deputy Commandants of the Marine Corps; Assistant Deputy Chiefs of Staff of the Marine Corps to Assistant Deputy Commandants of the Marine Corps; Assistant Chiefs of Staff of the Marine Corps to Assistant Commandants of the Marine Corps. This proposal will be effected at no cost to the Department of Defense or the Department of the Navy Section 503. Increase in the transition period for officers selected for early retirement Paragraphs (1) of subsections (a) and (b) would amend sections 581 and 638 of title 10, United States Code, to extend the transition period for officers selected for early retirement by three months. Under subsections 581(b) and 638(b)(1)(A) of title 10, an officer must be retired ``not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.'' Subsections (a) and (b) of this proposal would require officers selected for early retirement to be retired not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. Paragraphs (2) of subsections (a) and (b) would authorize the Secretary concerned to defer the retirement of an officer otherwise approved for early retirement under section 581, 638 or 638a of title 10 for not more than 90 days, in order to prevent a personal hardship for the officer or for other humanitarian reasons. Subsection (c) would exclude from counting for the purpose of determining authorized end strength under section 115 of title 10, those officers selected for early retirement whose mandatory retirement date has been deferred, for up to 90 days, by the Service Secretary for reason of personal hardship or other humanitarian reasons. Under current law, officers selected for early retirement have six months and some fraction of a seventh month to prepare for an involuntary transition to civilian life. In most cases, these officers have career expectations which are limited only by statutory restrictions on years of commissioned service and, therefore, are not prepared to make this sudden, unwanted transition. Many of the officers selected for early retirement must seek and attain post-military service employment, move families to retirement locations, meet current financial obligations such as mortgage payments and college tuition costs for older children and work around secondary and elementary education school schedules for younger children. Compressing these major events into a six month period is difficult, particularly if the officer is deployed or stationed overseas. Extending the transition period by three months would not only permit officers selected for early retirement to plan a more [[Page S5810]] orderly transition to civilian life while still performing in their military positions, but would also provide the Services more time in which to identify and detail reliefs for these officers while still meeting fiscal year officer end strength requirements. This proposal to increase the transition period for officers selected for early retirement by three months is a modest, but necessary change which will positively affect one of the military's most negative personnel reduction processes. While this change will not eliminate an officer's shock of being forcibly retired early from a Service, it will soften the impact for affected officers and their families who have dedicated 20 or more years of faithful and professional military service to the United States. There is no cost associated with this proposal. Selective Early Retirement Boards could be convened three months earlier to offset any net increase in total pay and allowances expended as a result of the three month extension in the transition period. Section 504. Revision in the authorized strength limitations for Air Force commissioned officers on active duty in the grade of major This section would authorize the Secretary of the Air Force to raise temporarily the ceiling on the number of majors on active duty in the Air Force by 1,100. Such statutory authority would allow the Air Force to accelerate promotion timing to meet congressional intent as expressed through the Defense Officer Personnel Management Act. This proposal will not increase the total number of commissioned officers authorized by the Air Force and will not impede planned reductions in the officer force. Section 505. Revision in the authorized strength limitations for Navy commissioned officers on active duty in grades of lieutenant commander, commander, and captain This section temporarily and uniformly raises the ceilings on the numbers of lieutenant commanders, commanders and captains on active duty in Navy by 910, 722 and 300, respectively. This temporary increase in ceilings is necessary to provide sufficient grade authorizations to maintain Unrestricted and Nurse promotion flow and opportunity within Defense Officer Personnel Management Act (DOPMA) guidelines. This temporary authority would expire on the 30th of September, 1997, by which time Navy post-draw down officer requirements and end strength will have stabilized, and a more precise determination of permanent grade table relief requirements can be made. For the long term, Navy requires permanent grade table relief to maintain officer career progression within Defense Officer Personnel Management Act guidelines. Navy will pursue this permanent relief as part of a joint Service effort coordinated by the Department of Defense. Navy's Unrestricted Line O-4 flow point will exceed the Defense Officer Personnel Management Act guideline of 11 years in fiscal year 1999, and peak at 13 years and 6 months in fiscal year 2003, despite the use of forced attrition programs to control this increase. As the significant career milestone of promotion to O-4 slips further off into the future, Navy will find it increasingly more difficult to attract high-caliber officers and retain its best junior officers, particularly in the current climate of declining strength, increased forced attrition and reduced retirement benefits. To provide Nurse Corps officers with comparable promotion opportunity and, Navy has had to provide substantial internal compensation to the Nurse Corps. Without this ``compensation'' Nurse Corps promotion opportunity and timing would remain outside of the Defense Officer Personnel Management Act promotion system guidelines indefinitely at the grades of commander and captain. In the current environment of declining strength this compensation is becoming increasingly more difficult to provide. The proposed temporary change to the grade table will provide sufficient grade relief to maintain Unrestricted Line and Nurse Corps promotion opportunity and timing within Defense Officer Personnel Management Act guidelines and ensure Navy's ability to attract and retain the high-caliber officers it requires. The approximate cost to implement this initiative is estimated as follows (in millions): Fiscal Year 1996: 00.00; Fiscal Year 1997: 10.00. These amounts have not been included in any estimates for appropriations submitted through budget channels by the Department of Defense. Section 506. Authorization of general or flag officer promotion zones This section amends section 645 of title 10 to clarify the definitions of promotion zones which are applicable to Chapter 36 of title 10. The modified definitions will not require executive level officers (grades 0-6 and above) to be placed in a promotion eligibility category (above the zone) for officers who have failed of selection for promotion. Executive level officers become eligible to be selected for promotion when they have one year service in grade, and remain eligible unless selected for promotion or retired. In part, the Defense Officer Personnel Management Act (DOPMA) was enacted to make uniform the provisions of law relating to promotion of regular commissioned officers of the Army, Navy, Air Force, and Marine Corps. The Defense Officer Personnel Management Act was, however, enacted primarily for the purpose of field grade officer management. At the time of the Defense Officer Personnel Management Act's enactment, it was apparent that executive level officers were not intended to be subject to all of the provisions of the Defense Officer Personnel Management Act. The House of Representatives Report of the Committee on Armed Services which accompanied Senate bill 1918 states ``this category of executives is in many ways unique and can and should be managed accordingly. The small numbers involved permit this, and the importance of the resource demands this.'' The House report further states that ``the concept of failing selection for promotion does not apply when officers are not selected for promotion to the flag and general officer grades.'' Given that executive level officers do not fail selection for promotion and, therefore, should not be placed in an ``above the promotion zone'' category, it is proposed that the definition of ``promotion zone'' be modified to include executive level officers considered previously for promotion. The proposed amendment would, therefore, clarify that such officers are not above the zone, and thereby eliminate any stigma of failing of selection, bringing the statute squarely within the apparent intent of Congress. There are no other provisions of the Defense Officer Personnel Management Act which are affected by the proposed modifications. There are no costs associated with this legislation. Subtitle B--Reserve Component Matters Section 511. Repeal of requirement for physical examination on calling militia into Federal service This section repeals section 12408 of title 10, United States Code, which requires that each member of the National Guard receive a physical examination when called into, and again when mustered out of, Federal service as militia. For short periods of such service, this requires two complete physical examinations during a period of days or weeks. In view of other statutory and regulatory requirements for periodic medical examinations and physical condition certifications for members of the National Guard, this additional examination requirement is unnecessary, administratively burdensome, and expensive, and could impede the rapid and efficient mobilization of the National Guard for civil emergencies. There is no corresponding statutory requirement for physical examinations when members of the National Guard or other reserve components are ordered to active duty as reserves. Section 512. Military leave for public safety duty performed by members of the Reserve components of the Armed Forces This section amends section 6323(b) of title 5 by permitting employees to elect, when performing duties described in that section, either military leave under that subsection or annual leave or compensatory time to which they are otherwise entitled. This amendment would not permit use of sick leave for the performance of military duty described in section 6323(b). Section 513. Change to Reserve Officers' Training Corps advanced course admission requirements This section amends section 2104(b)(6)(A)(ii) of title 10 to permit the Secretary of the military department to prescribe the length of the field training or practice cruise that persons who have not participated in the first two years of Reserve Officers' Training Corps must complete to be enrolled in the Reserve Officers' Training Corps Advanced Course. Currently, the preliminary training must last at least six weeks. This proposal authorizes the Secretary concerned to prescribe the length of the field training or practice cruise required for admission to the Reserve Officers' Training Corps Advanced Course. Section 514. Clarifying use of military morale, welfare, and recreation facilities by Retired Reservists This section amends section 1065(a) of title 10, United States Code, to give members of the Retired Reserve who would be eligible for retired pay but for the fact that they are under 60 years of age (gray area reservists) the same priority for use of morale, welfare, and recreation (MWR) facilities of the military services as members who retired after active-duty careers. Currently, section 1065(a), enacted in 1990, gives the retired reservists the same priority as active-duty members. They, therefore, have preference over retirees from active duty. This section amends the current section 1065(a) by revising the last sentence to correct this inequity. Enactment of this section will not result in an increase in the budgetary requirements of the Department of Defense. Section 515. Objective to increase percentage of prior active duty personnel in the Selected Reserve Section 1111(a) of the National Defense Authorization Act for Fiscal Year 1993 provides that the Secretary of the Army shall have an objective of increasing the percentage of prior active duty personnel in the Army National Guard to 65 percent in the case of officers and 50 percent in the case of enlisted members. This change would amend section 1111 and eliminate from the law what may be seen as essentially an arbitrary percentage as a target. It will also facilitate increasing [[Page S5811]] the active duty percentage of the career officer and enlisted leadership under Department objectives established by the Army's Section 1111 Congressional Plan submitted to Congress in January, 1994. The plan, developed after months of extensive modeling and analysis by the Deputy Chief of Staff for Personnel, supports objectives of 65 percent for warrant officers and commissioned officers in the grades above first lieutenant and below brigadier general. It also limited the grades for enlisted members to sergeants and above and increased the objective from 50 to 60 percent. Section 516. Wear of military uniform by National Guard technicians This section would amend section 709 of title 32, United States Code to provide that National Guard technicians who are required as a condition of such civilian employment to be members of the National Guard are also required to wear military uniforms in the course of performing their duties as technicians. These technicians are currently required to wear uniforms in their civilian jobs, and this requirement has been upheld by the Federal Labor Relations Authority and the courts. Recent decisions by the Federal Labor Relations Authority and the FSIP have required state National Guard organizations to negotiate with employee unions on the civilian clothing allowance under 5 U.S.C. 5901. These decisions may result in state Guard organizations being required to provide monetary civilian clothing allowances to compensate technicians that have already been furnished the required military uniforms under the military wear and tear replacement provisions of 37 U.S.C. 418. Subsection (b) would allow a period of service as a technician by a person who is an officer in the National Guard to be considered active duty for the purposes of uniform allowances for officers under title 37. This would place technician officers on the same footing as AGRs as to eligibility for uniform allowances. This subsection would also provide that these allowances are exclusive of civilian uniform allowances authorized under titles 5 and 10. Subsection (c) would authorize more frequent issuance of military uniforms to members of the National Guard who are technicians, as a result of wear and tear from wear during the course of their civilian employment. It would also provide that the issuance of uniforms or provision of a uniform allowance to these technicians under 37 U.S.C. 418 would be exclusive of authority to provide civilian uniforms or allowances under 5 U.S.C. 5901 or 10 U.S.C. 1593. Section 517. Active duty retirement sanctuary for reservists This section amends sections 1163(d) of title 10 to provide for an exception to the active duty retirement sanctuary provision for a member of a reserve component, who is on active duty (other than for training) and is within two years of becoming eligible for retired pay or retainer pay under a purely military retirement system. This proposal would provide