Page:United States Statutes at Large Volume 100 Part 5.djvu/522

 100 STAT. 3996

PUBLIC LAW 99-661—NOV. 14, 1986

(2) The Secretary shall instruct such officials that such intelligence is to be reported through the most appropriate and expeditious communications facilities available to the Department of Defense. (b) WAIVER.—The Secretary of Defense shall not be required to issue the instructions referred to in subsection (a) if— (1) the Secretary determines that such instructions would be inappropriate or unwise; and (2) before March 1, 1987, notifies Congress of that determination and includes with the notification an explanation of the basis for such determination. SEC. 1354. USE OF MARINE PURPOSES

MAMMALS

FOR NATIONAL

DEFENSE

(a) IN GENERAL.—Chapter 645 of title 10, United States Code, is amended by adding at the end the following new section: 10 USC 7524. a. • ] ' - ! - ;

"§ 7524. Marine mammals: use for national defense purposes "(a) AUTHORITY.—Subject to subsection (c), the Secretary of Defense may authorize the taking of not more than 25 marine mammals each year for national defense purposes. Any such authorization may be made only with the concurrence of the Secretary of Commerce and after consultation with the Marine Mammal Commission established by section 201 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1401). "0?) HUMANE TREATMENT REQUIRED.—A mammal taken under this section shall be captured, supervised, cared for, transported, and deployed in a humane manner consistent with conditions established by the Secretary of Commerce. "(c) PROTECTION FOR ENDANGERED SPECIES.—A mammal may

not

be taken under this section if the mammal is determined to be a member of an endangered or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). "(d) APPLICATION OF OTHER ACT.—This section applies without

regard to the provisions of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).". (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new subsection: "7524. Marine mammals: use for national defense purposes.". SEC. 1355. REIMBURSEMENT FOR INCIDENTAL EXPENSES INCURRED WHILE PROVIDING VOLUNTARY SERVICES

Section 1588 of title 10, United States Code, is amended by adding at the end the following new subsections: "(c) The Secretary concerned may provide for reimbursement of incidental expenses which are incurred by a person providing voluntary services under subsection (a) as an ombudsman or for a family service center program. The Secretary shall determine which expenses are eligible for reimbursement under this subsection. Any such reimbursement may only be made from nonappropriated funds.". SEC. 1356. DEFENSE OF LEGAL MALPRACTICE SUITS

(a)(1) IN GENERAL.—Chapter 53 of title 10, United States Code (as amended by section 662), is amended by adding at the end the following new section:

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