II

Calendar No. 467

103D CONGRESS

2D SESSION H. R. 4301

IN THE SENATE OF THE UNITED STATES

JUNE 15 (legislative day, JUNE 7), 1994

Received; read twice and placed on the calendar

AN ACT

To authorize appropriations for fiscal year 1995 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for

such fiscal year for the Armed Forces, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1995’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows:

5 (1) Division A—Department of Defense Au6 thorizations.

7 (2) Division B—Military Construction Author8 izations.

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions.

12 (b) TABLE OF CONTENTS.—The table of contents for

13 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Reserve components.

Sec. 107. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Procurement of helicopters.

Subtitle C—Navy Programs

Sec. 121. Termination of Navy F–14A/B upgrade program.

Sec. 122. Limitation on acquisition of guidance systems for Trident II missiles.

Sec. 123. Prohibition on Trident II backfit.

Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.
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Sec. 125. Limitation on cost of Seawolf submarine program.

Sec. 126. Limitation on procurement of TAGS vessels.

Sec. 127. Advanced Capability (ADCAP) modification program for the MK–48

torpedo.

Subtitle D—Air Force Programs

Sec. 131. Intertheater airlift programs.

Sec. 132. B–2 bomber program cost limitation.

Sec. 133. Bomber force upgrade program.

Sec. 134. Evaluation of restart of C–5B aircraft procurement.

Subtitle E—Defense-Wide Activities

Sec. 141. Ballistic missile early warning programs.

Subtitle F—National Defense Sealift Fund

Sec. 161. Prohibition of transfer of fiscal year 1994 funds to CVN–76 construction.

Sec. 162. Fiscal year 1995 National Defense Sealift fund program.

Sec. 163. Transfer of excess amount to BRAC III account.

Sec. 164. Fiscal year 1994 unauthorized sealift appropriation defined.

Sec. 165. Operation of sealift vessels for which assistance is provided through

National Defense Sealift Fund.

Subtitle G—Other Matters

Sec. 171. Transfer of USNS Maury.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic research and exploratory development.

Sec. 203. Taconite processing technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.

Sec. 212. Standoff air-to-surface munitions technology demonstration.

Sec. 213. Extension of prohibition on testing Mid-Infrared Advanced Chemical

Laser against an object in space.

Sec. 214. Applicability of certain electronic combat systems testing requirements.

Sec. 215. Advanced Self Protection Jammer (ASPJ) program.

Sec. 216. Advanced lithography program.

Sec. 217. Federally funded research and development centers.

Sec. 218. Defense experimental program to stimulate competitive research.

Sec. 219. Digital battlefield program.

Sec. 220. Mobile Off-Shore Base and Landing Ship Quay Causeway program.

Sec. 221. Arrow/ACES program.

Sec. 222. Army helicopter engine upgrade program.

Sec. 223. Research and development for strategic metals.

Subtitle C—Missile Defense Programs
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Sec. 231. Ballistic Missile Defense Organization budget presentation.

Sec. 232. Theater Missile Defense programs.

Sec. 233. Theater Missile Defense risk reduction activities.

Sec. 234. Military satellite communications.

Sec. 235. Limitation on flight tests of certain missiles.

Sec. 236. Compliance with the ABM Treaty.

Subtitle D—Women’s Health Research

Sec. 241. Defense women’s health research program.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Defense Business Operations Fund.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Funds for depot-level maintenance and repair work.

Sec. 305. Support for the 1996 Olympics.

Sec. 306. Funds for clearing landmines.

Sec. 307. Support for the 1995 Special Olympics World Games.

Subtitle B—Limitations

Sec. 311. Reports and limitation on transfer of certain operation and maintenance funds.

Sec. 312. Limitation on retention of morale, welfare, and recreation funds by

military installations.

Sec. 313. Prohibition on use of appropriated funds for operation of Armed

Forces Recreation Center, Europe.

Sec. 314. Limitation on use of specifications for procurement of subsistence

items.

Subtitle C—Depot-Level Activities

Sec. 321. Findings.

Sec. 322. Modification of limitation on performance of depot-level maintenance.

Sec. 323. Limitation on the performance of depot-level maintenance of materiel

for new weapon systems.

Sec. 324. Audits to monitor cost growth of contracts to perform depot-level

maintenance and repair.

Sec. 325. Consideration of costs of closing Department of Defense depots in

certain cost comparisons.

Sec. 326. Authority for depot-level activities of the Department of Defense to

compete for maintenance and repair workloads of other Federal

agencies.

Sec. 327. Authority of depots to provide services outside of the Department of

Defense.

Sec. 328. Maintenance of sufficient depot-level facilities, activities, and employees of the Department of Defense.

Sec. 329. Reutilization initiative for depot-level activities.

Subtitle D—Defense Business Operations Fund

Sec. 341. Oversight of Defense Business Operations Fund.

Sec. 342. Review by Comptroller General of charges imposed by Defense Business Operations Fund.
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Subtitle E—Department of Defense Domestic and Overseas Schools

Sec. 351. Reauthorization of Department of Defense domestic elementary and

secondary schools for military dependents.

Sec. 352. Survey and pilot program for the transfer of Department of Defense

domestic dependent elementary and secondary schools to appropriate local educational agencies.

Sec. 353. Report on calculation and recovery of tuition costs of certain students

enrolled in schools of the defense dependents’ education system.

Sec. 354. Authority to accept gifts for Department of Defense domestic elementary and secondary schools.

Subtitle F—Other Matters

Sec. 361. Modification of fees paid by residents of Armed Forces Retirement

Home.

Sec. 362. National Guard youth program.

Sec. 363. Department of Defense food inventory program.

Sec. 364. Department of Defense special supplemental food program.

Sec. 365. Transportation of the remains of deceased retired members who die

outside of the United States.

Sec. 366. Authority to transport the remains of certain deceased veterans on

Department of Defense aeromedical evacuation aircraft.

Sec. 367. Modification of Air Force support for the Civil Air Patrol.

Sec. 368. Review and report on use of operations and maintenance funds by the

Department of Defense.

Sec. 369. Requirement of comparative report on operations and maintenance

funding.

Sec. 370. Automated data processing programs of the Department of Defense.

Sec. 371. Review by Defense Inspector General of cost growth in certain contracts.

Sec. 372. Cost comparison studies for contracts for advisory and assistance

services.

Sec. 373. Requirement and plan for converting performance of certain positions

to performance by Department of Defense employees.

Sec. 374. Use of service contract funds for separation incentive programs for

Department of Defense employees.

Sec. 375. Non-Federal employment incentive pilot program.

Sec. 376. Uniform health benefits program for employees of the Department of

Defense assigned to nonappropriated fund instrumentalities.

Sec. 377. Operation of military exchange and commissary store at Naval Air

Station Fort Worth, Joint Reserve Center, Carswell Field.

Sec. 378. Ships’ stores.

Sec. 379. Program to commemorate World War II.

Sec. 380. One-year extension of certain programs.

Sec. 381. Clarification and codification of overseas military end strength limitation.

Sec. 382. Authority to issue military identification cards to so-called honorary

retirees of the Naval and Marine Corps Reserves.

Sec. 383. Modification of statute of limitations for certain claims for personal

property damage or loss.

Sec. 384. Operation of overseas facilities of the Department of Defense by

United States firms.

Sec. 385. Exclusion of certain troops in calculation of authorized and strength

for military personnel in Europe.
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Sec. 386. Authority to transfer certain excess property to educational institutions and training schools.

Sec. 387. Priority to States for transfer of nonlethal excess supplies of the Department of Defense.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Limitation on deployment of divisions constituting Army contingency

force.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for reserves on active duty in support of the reserves.

Sec. 413. Active component members to be assigned for training compatibilty

with guard units.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Authority for officers to serve on successive promotion boards.

Sec. 502. Army field grade officer strength limitations.

Sec. 503. Technical changes to provisions enacted by Warrant Officer Management Act.

Sec. 504. Navy and Marine Corps limited duty officers.

Sec. 505. Retirement or enlistment of certain limited duty officers of the Navy

and Marine Corps.

Sec. 506. Temporary exclusion of Superintendent of Naval Academy from

counting toward number of senior admirals authorized to be on

active duty.

Sec. 507. Grade of heads of certain professional military education schools.

Subtitle B—Reserve Component Matters

Sec. 511. Selected Reserve activation authority.

Sec. 512. Reserve general and flag officers on active duty.

Sec. 513. Definition of active guard and reserve duty.

Sec. 514. Repeal of obsolete provisions pertaining to transfer of regular enlisted

members to the Retired Reserve.

Sec. 515. Guard and reserve transition initiatives.

Sec. 516. Semiannual report on separations of active Army officers.

Subtitle C—Other Matters

Sec. 521. Repeal of required reduction in recruiting personnel.

Sec. 522. Coast Guard force reduction transition benefits.

Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.
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Sec. 524. Authorized active duty strengths for Army enlisted members in pay

grade E–8.

Sec. 525. Reimbursement for certain losses of household effects during PCS

moves.

Sec. 526. Victims’ advocates programs in Department of Defense.

Sec. 527. Prohibition of retaliatory actions against members of the Armed

Forces making allegations of sexual harassment or unlawful

discrimination.

Sec. 528. Annual report on personnel readiness.

Sec. 529. Programs related to Desert Storm mystery illness.

Sec. 530. Upgrade of Armed Forces Staff College wargaming and other capabilities.

Sec. 531. Prohibition on imposition of additional charges or fees for attendance

at certain academies.

Sec. 532. Authorization for instruction of civilian students at Foreign Language Center of the Defense Language Institute.

Sec. 533. Sense of Congress concerning appropriate Department of Defense

force structure through 1997.

Sec. 534. Discharge of members who are permanently nonworldwide assignable.

Sec. 535. Military recruiting on campus.

Sec. 536. Survey on the state of race and ethnic issues in the military.

Sec. 537. Request for posthumous commissioning in the Army of two African

Americans discharged from West Point due to racial prejudice

during post-Civil War period.

Sec. 538. Detail of Department of Defense personnel to assist Immigration and

Naturalization Service, Border Patrol and Customs Service.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1995.

Sec. 602. Cost-of-living allowance for members of the uniformed services assigned to high cost areas in the continental United States.

Sec. 603. Increase in subsistence allowance payable to members of Senior Reserve Officers’ Training Corps.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Increase in authorized incentive special pay for certified registered

nurse anesthetists.

Sec. 612. Extension of authority for payment of aviation officer retention bonus

Subtitle C—Travel and Transportation Allowances

Sec. 621. Change in provision of transportation incident to personal emergencies for members stationed outside the continental United

States.

Sec. 622. Clarification of travel and transportation allowance of family members incident to the serious illness or injury of members.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 631. Elimination of disparity between effective dates for military and civilian retiree cost-of-living adjustments for fiscal year 1995.
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Sec. 632. Clarification of calculation of retired pay for officers who retire in a

grade lower than the grade held at retirement.

Sec. 633. Crediting of reserve service of enlisted members for computation of

retired pay.

Sec. 634. Minimum required reserve service for eligibility for retired pay for

nonregular service during force drawdown period.

Sec. 635. SBP premiums for reserve-component child-only coverage.

Sec. 636. Discontinuation of insurable interest coverage under survivor benefit

plan.

Subtitle E—Other Matters

Sec. 641. Authority for survivors to receive payment for all leave accrued by deceased members.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Revision of definition of dependents to include young people being

adopted by members or former members.

Sec. 702. Treatment of certain dependents as children for purposes of

CHAMPUS, dependents’ dental program, and continued health

benefits coverage.

Sec. 703. Authorization for medical and dental care of abused dependents of

certain members.

Sec. 704. Additional authorized health care service available through military

health care system.

Subtitle B—Changes to Existing Laws Regarding Health Care Management

Sec. 711. Expanded use of partnership and resource sharing programs for improved cost-effectiveness.

Sec. 712. Imposition of enrollment fees for managed care plans.

Sec. 713. Strengthening managed health care authorities.

Sec. 714. Delay in deadline for use of health maintenance organization model

as option for military health care.

Sec. 715. Limitation on reduction in number of reserve component medical personnel.

Subtitle C—Other Matters

Sec. 721. Delay in closure of army hospital at Vicenza, Italy.

Sec. 722. Demonstration program for admission of civilians as physician assistant students at Academy of Health Sciences, Fort Sam Houston, Texas.

Sec. 723. Report on expanded use of nonavailability of health care statements.

Sec. 724. Sense of Congress on continuity of health care services for covered

beneficiaries in certain areas affected by base closures.

Sec. 725. Oral typhoid vaccine inventory of Department of Defense.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Assistance Programs

Sec. 801. Procurement technical assistance programs.
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Subtitle B—Acquisition Improvement

PART I—GENERAL IMPROVEMENTS

Sec. 811. Congressional defense procurement policy.

Sec. 812. Repeal of requirement relating to production special tooling and production special test equipment.

Sec. 813. Repeal of vouchering procedures section.

Sec. 814. Clarification of provision relating to quality control of certain spare

parts.

Sec. 815. Contractor guarantees regarding weapon systems.

PART II—MAJOR SYSTEMS STATUTES

Sec. 821. Weapon development and procurement schedules.

Sec. 822. Selected Acquisition Report requirement.

Sec. 823. Unit cost report requirement.

Sec. 824. Requirement for independent cost estimates and manpower estimates

before development or production.

Sec. 825. Baseline description.

Sec. 826. Repeal of requirement for competitive prototyping in major programs.

Sec. 827. Repeal of requirement for competitive alternative sources in major

programs.

PART III—TESTING STATUTES

Sec. 831. Authorization of less than full-up testing.

Sec. 832. Limitation on quantities to be procured for low-rate initial production.

Sec. 833. Operational test and evaluation of defense acquisition programs.

PART IV—CIVIL RESERVE AIR FLEET

Sec. 841. Definition of contractor.

Sec. 842. Consolidation of provisions relating to contractual commitment of aircraft.

Sec. 843. Use of military installations by contractors.

PART V—MISCELLANEOUS

Sec. 851. Regulations on procurement, production, warehousing, and supply

distribution functions.

Sec. 852. Repeal of requirements regarding product evaluation activities.

Sec. 853. Codification and revision of limitation on lease of vessels, aircraft,

and vehicles.

Sec. 854. Repeal of application of Public Contracts Act to certain Naval vessel

contracts.

Sec. 855. Consolidation of limitations on procurement of goods other than

American goods.

Sec. 856. Department of Defense acquisition of intellectual property rights.

Sec. 857. Department of Defense review of antitrust cases with national security implications.

Sec. 858. Extension of test program for negotiation of comprehensive small

business subcontracting plans.

Subtitle C—Other Matters
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Sec. 871. Environmental consequence analysis of major defense acquisition programs.

Sec. 872. Award of contracts and grants on the basis of competition.

Sec. 873. Shipbuilding claims.

Sec. 874. Demonstration project on purchase of fire, security, police, public

works, and utility services from local government agencies.

Sec. 875. Defense acquisition pilot program.

Sec. 876. Preference for local residents.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANGAGEMENT

Sec. 901. Revision of National Guard Bureau charter.

Sec. 902. Army Reserve Command.

Sec. 903. Assignment of reserve forces to combatant commands.

Sec. 904. Budget support for reserve elements of Special Operations Command.

Sec. 905. Change of title of Comptroller of the Department of Defense to

Under Secretary of Defense (Comptroller).

Sec. 906. Reclarification of independent status of Director of Operational Test

and Evaluation.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Clarification of scope of authorizations.

Sec. 1003. Incorporation of classified annex.

Sec. 1004. Date for submission of future-years mission budget.

Sec. 1005. Identification and reporting of unauthorized appropriations.

Subtitle B—Counter-Drug Activities

Sec. 1011. Department of Defense support for counter-drug activities of other

agencies.

Subtitle C—Contingency Operations

Sec. 1021. Funding for contingency operations.

Sec. 1022. Extension of authority to enter into certain cooperative agreement

authorities to include the United Nations and regional organizations of which the United States is a member.

Sec. 1023. Overseas Humanitarian, Disaster, and Civic Aid.

Sec. 1024. Disaster relief.

Sec. 1025. Humanitarian assistance program for clearing landmines.

Subtitle D—Other Matters

Sec. 1031. Annual report on denial, revocation, and suspension of security

clearances.

Sec. 1032. Commission on Roles and Missions of the Armed Forces.

Sec. 1033. Prohibition on authorization of payment of costs under defense contracts for restructuring costs of a merger or acquisition.

Sec. 1034. Transfer of certain B–17G aircraft.

Sec. 1035. USS Indianapolis (CA–35): gallantry, sacrifice and a decisive mission to end WW II.

Sec. 1036. Sense of Congress concerning commendation of individuals exposed

to mustard agents during World War II testing activities.
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Sec. 1037. Sense of Congress concerning eligibility for Armed Forces Expeditionary Medal based upon service in El Salvador.

Sec. 1038. Military-to-military contact program.

Sec. 1039. Limitation on obligation of funds for overseas basing activities.

Sec. 1040. Transportation of chemical munitions.

Sec. 1041. Findings and sense of Congress concerning the North Atlantic Treaty Organization.

Sec. 1042. Report on status of defense random drug testing program.

Sec. 1043. Reduction of United States military forces in Europe.

Sec. 1044. Report on military readiness implications of Bosnia peacekeeping

deployment.

Sec. 1045. Report on lessons learned from United States activities in Somalia.

Sec. 1046. Sense of Congress concerning safe, secure dismantlement of Soviet

nuclear arsenal.

Sec. 1047. Coordination of military-to-military contact programs.

Sec. 1048. Extension of semiannual report on Cooperative Threat Reduction

programs.

Sec. 1049. Limitation on Cooperative Threat Reduction program relating to offensive biological weapons program of Russia.

Sec. 1050. Prohibition on use of Department of Defense funds for United

States share of costs of United Nations peacekeeping operations.

Sec. 1051. Assistance to family members of Korean Conflict POW/MIAs who

remain unaccounted for.

Sec. 1052. Report assessing the regional security consequences of United States

military cooperation programs.

Sec. 1053. Study on use of low-enriched uranium to fuel naval reactors.

Sec. 1054. Sense of Congress concerning Nuclear Nonproliferation Treaty Review Conference.

Sec. 1055. Assistance for public participation in defense environmental restoration activities.

Sec. 1056. Authorization to exchange certain items for transportation services.

Sec. 1057. Authorization for industrial facilities of the Armed Forces to sell articles and services to persons outside Department of Defense.

Sec. 1058. Sense of the Congress concerning the North Korean nuclear weapons development program.

Sec. 1059. Congressional action on negotiation of limitations on nuclear weapons testing.

Sec. 1060. Sense of Congress and report on readiness of military forces of the

Republic of Korea.

TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND

TRANSITION ASSISTANCE

Sec. 1101. Short title.

Sec. 1102. Funding of defense conversion, reinvestment, and transition assistance programs for fiscal year 1995.

Subtitle A—Defense Technology and Industrial Base, Defense Reinvestment,

and Defense Conversion

Sec. 1111. Funding of defense technology reinvestment programs for fiscal year

1995.

Sec. 1112. Clarification of eligible non-Department of Defense participants in

technology reinvestment projects.
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Sec. 1113. Additional criteria for loan guarantees under the defense dual-use

assistance extension program.

Sec. 1114. Financial commitment requirements for small business concerns for

participation in technology reinvestment projects.

Sec. 1115. Conditions on funding of defense technology reinvestment projects.

Subtitle B—Community Adjustment and Assistance Programs

Sec. 1121. Funds for adjustment and diversification assistance for States and

local governments from Office of Economic Adjustment.

Sec. 1122. Studies and plans for market diversification.

Sec. 1123. Advance community adjustment and economic diversification planning.

Subtitle C—Personnel Adjustment, Education, and Training Programs

Sec. 1131. Continuation of teacher and teacher’s aide placement programs.

Sec. 1132. Programs to place separated members and terminated defense employees in employment positions as public safety officers.

Sec. 1133. Pilot program to place separated members and terminated defense

employees in teaching positions as bilingual math and science

teachers.

Sec. 1134. Demonstration project to assist separated members and terminated

defense workers to become business owners.

Sec. 1135. Demonstration project to promote ship recycling as a method to assist separated members and terminated defense workers.

Sec. 1136. Administration and funding of Defense Diversification Program and

Defense Conversion Adjustment Program under Job Training

Partnership Act.

Sec. 1137. Expansion of personnel adjustment, education, and training programs to include Coast Guard.

Sec. 1138. Assistance for certain workers dislocated due to reductions by the

United States in the export of defense articles and services.

Subtitle D—ARMS Initiative

Sec. 1141. Extension of Armament Retooling and Manufacturing Support Initiative.

Sec. 1142. Loan guarantees under Armament Retooling and Manufacturing

Support Initiative.

Subtitle E—Other Matters

Sec. 1151. Changes in notice requirements upon pending or actual termination

of defense programs.

Sec. 1152. Plan for deployment of defense environmental technologies for

dredging of dual-use ports.

Sec. 1153. Pilot program to develop and demonstrate environmental remediation technologies.

TITLE XII—COOPERATIVE THREAT REDUCTION,

COUNTERPROLIFERATION, AND RELATED MATTERS

Subtitle A—Cooperative Threat Reduction

Sec. 1201. Report on accounting for United States assistance.

Sec. 1202. Report on control and accountability of material relating to weapons

of mass destruction.
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Sec. 1203. Cooperative threat reduction.

Sec. 1204. Limitations on Cooperative Threat Reduction Program.

Subtitle B—Counterproliferation Activities

Sec. 1211. Extension and revision of counterproliferation authorities.

Sec. 1212. Studies relating to United States counterproliferation policy.

Sec. 1213. Fiscal year 1995 amount.

Sec. 1214. Limitation on funds for studies pending receipt of previously required report.

TITLE XIII—RESERVE OFFICER PERSONNEL

MANAGEMENT ACT (ROPMA)

Sec. 1301. Short title; table of contents.

Sec. 1302. References to title 10, United States Code.

Subtitle A—Reserve Officer Personnel Management

PART I—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL

SYSTEM

Sec. 1311. Promotion and retention of reserve officers.

PART II—CONFORMING AMENDMENTS

Sec. 1321. Definition of reserve active-status list.

Sec. 1322. Authority to suspend officer personnel laws during war or national

emergency.

Sec. 1323. Active-duty list promotion boards to have authority to recommend

that reserve officers considered for promotion be required to

show cause for retention on active duty.

Sec. 1324. Applicability of chapter 36 to reserve officers during war or national

emergency.

Sec. 1325. Grade in which reserve officers are ordered to active duty.

Sec. 1326. Date of rank.

Sec. 1327. Discharge before completion of required service in case of officers

having twice failed of selection for captain or navy lieutenant.

Sec. 1328. Conforming amendments relating to Navy and Marine Corps officers.

Sec. 1329. Repeal of reserve officer personnel policy laws.

Sec. 1330. Amendments to title 32, United States Code.

Subtitle B—Other Personnel Policy Amendments

PART I—APPOINTMENTS

Sec. 1331. Repeal of separate authority for accession of women in reserve components.

Sec. 1332. Appointment authority for reserve grades of lieutenant colonel and

commander.

Sec. 1333. Appointment of former commissioned officers in reserve components.

Sec. 1334. Constructive credit for appointment of officers in reserve components with qualifying education or experience.

Sec. 1335. Computation of years of service for transfer of Army officers to Retired Reserve.

Sec. 1336. Repeal of miscellaneous obsolete appointment authorities.
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PART II—RETIREMENT AND SEPARATION

Sec. 1341. Computation of highest grade in which satisfactorily served for reserve commissioned officers and former officers.

PART III—OTHER AMENDMENTS

Sec. 1351. Tenure in office of Chief of National Guard Bureau.

Sec. 1352. Right to reenlist in Regular Army or Regular Air Force after service

as an officer.

Subtitle C—Reorganization and Consolidation of Laws Relating to Reserve

Components

Sec. 1361. Laws relating to organization and administration of reserve components.

Sec. 1362. Laws relating to reserve component personnel policy.

Sec. 1363. Laws relating to reserve component training and educational assistance programs.

Sec. 1364. Laws relating to reserve component procurement and equipment.

Sec. 1365. Legislative construction.

Subtitle D—Technical and Clerical Amendments

Sec. 1371. Amendments to subtitle A of title 10, United States Code.

Sec. 1372. Amendments to subtitle B of title 10, United States Code.

Sec. 1373. Amendments to subtitle C of title 10, United States Code.

Sec. 1374. Amendments to subtitle D of title 10, United States Code.

Sec. 1375. Amendments to subtitle E of title 10, United States Code.

Sec. 1376. Amendments to titles 32 and 37, United States Code.

Sec. 1377. Amendments to other laws.

Subtitle E—Transition Provisions

Sec. 1381. Continuation on the reserve active-status list of certain reserve colonels of the Army and Air Force.

Sec. 1382. Effects of selection for promotion and failure of selection for Army

and Air Force officers.

Sec. 1383. Effects of selection for promotion and failure of selection for Navy

and Marine Corps officers.

Sec. 1384. Delays in promotions and removals from promotion list.

Sec. 1385. Minimum service qualifications for promotion.

Sec. 1386. Establishment of reserve active-status list.

Sec. 1387. Preservation of relative seniority under the initial establishment of

the reserve active-status list.

Sec. 1388. Grade on transfer to the Retired Reserve.

Sec. 1389. Rights for officers with over three years service.

Sec. 1390. Mandatory separation for age for certain reserve officers of the

Navy and Marine Corps.

Subtitle F—Effective Dates and General Savings Provisions

Sec. 1391. Effective dates.

Sec. 1392. Preservation of suspended status of laws suspended as of effective

date.

Sec. 1393. Preservation of preexisting rights, duties, penalties, and proceedings.

TITLE XIV—BOSNIA AND HERZEGOVINA SELF-DEFENSE
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Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Termination of arms embargo.

Sec. 1404. Provision of United States military assistance.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Authorization of military construction project at Fort Bragg, North

Carolina, for which funds have been appropriated.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Restoration of authority to carry out military construction project

at Naval Supply Center, Pensacola, Florida.

Sec. 2206. Design activities for upgrade of Mayport Naval Station, Florida.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Revision of family housing project at Tyndall Air Force Base, Florida.

Sec. 2306. Authorization of military construction projects at Tyndall Air Force

Base, Florida, for which funds have been appropriated.

Sec. 2307. Modification of Air Force Plant No. 3.

Sec. 2308. Repeal of limitation on order of retirement of Minuteman II missiles.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Family housing.

Sec. 2403. Improvement to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Community impact assistance with regard to Naval Weapons Station, Charleston, South Carolina.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.
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TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

Sec. 2602. Prohibition on using funds for unauthorized Guard and Reserve

projects.

Sec. 2603. Authorization of projects for which funds have been appropriated.

Sec. 2604. State National Guard headquarters, Fort Dix, New Jersey.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1992 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1991 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

Sec. 2801. Strengthening monetary limitation on renovation of facilities.

Sec. 2802. Navy housing investment agreements.

Sec. 2803. Navy Housing Investment Board.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Prohibition against consideration in base closure process of advance

economic planning undertaken by communities adjacent to

military installations.

Sec. 2812. Repayment of State and local costs incurred in connection with establishment of certain military installations selected for closure.

Sec. 2813. Limitation on sources of funds available to implement base closures

and realignments.

Sec. 2814. Prohibition on transfer of certain property located at military installations to be closed pending completion of redevelopment plans.

Sec. 2815. Report of effect of base closures on future mobilization options.

Sec. 2816. Restoration of annual leave for civilian employees in connection with

certain base realignments.

Sec. 2817. Government rental of facilities located on closed military installations.

Subtitle C—Changes to Existing Land Conveyance Authority

Sec. 2821. Additional lessee of property at Naval Supply Center, Oakland, California.

Sec. 2822. Modification of land conveyance, Fort A.P. Hill Military Reservation, Virginia.

Sec. 2823. Preservation of Calverton Pine Barrens, Naval Weapons Industrial

Reserve Plant, New York, as nature preserve.

Sec. 2824. Release of reversionary interest retained as part of conveyance of

electricity distribution system, Fort Dix, New Jersey.

Subtitle D—Land Conveyances

Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.
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Sec. 2832. Land conveyance, Air Force Plant No. 59, Johnson City (Westover),

New York.

Sec. 2833. Land conveyance, Radar Bomb Scoring Site, Dickinson, North Dakota.

Sec. 2834. Land conveyance, Army Reserve Facility, Rio Vista, California.

Sec. 2835. Land conveyance, Naval Weapons Industrial Reserve Plant,

Calverton, New York.

Sec. 2836. Lease of property, Naval Radio Receiving Facility, Imperial Beach,

Coronado, California.

Sec. 2837. Release of requirements and reversionary interest on certain property in Baltimore, Maryland.

Sec. 2838. Release of reversionary interest on certain property in York County,

James City County, and Newport News, Virginia.

Sec. 2839. Transfer of jurisdiction, Air Force housing at radar site, Holbrook,

Arizona.

Sec. 2840. Land conveyance, Fort Dix, New Jersey.

Sec. 2841. Land conveyance, naval shipyard, Vallejo, California.

Subtitle E—Other Matters

Sec. 2851. Authority for Oxnard Harbor District, Port Hueneme, California, to

use certain navy property.

Sec. 2852. Environmental education and training program for defense personnel.

Sec. 2853. Repeal of restriction on land transactions relating to Presidio of San

Francisco, California.

Sec. 2854. Report on use of military installations in Okinawa.

Sec. 2855. Modification of height restriction in avigation easement.

Sec. 2856. Continued operation of military medical treatment facility at K. I.

Sawyer Air Force Base, Michigan.

Sec. 2857. Technical amendment to correct reference in land transaction.

Sec. 2858. Additional exception to prohibition on storage and disposal of

nondefense toxic and hazardous materials at military installations.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Nuclear materials support and other defense programs.

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Transfer authority.

Sec. 3125. Authority for construction design.

Sec. 3126. Requirement of conceptual design for request of construction funds.
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Sec. 3127. Authority for emergency planning, design, and construction activities.

Sec. 3128. Funds available for all national security programs of the Department of Energy.

Sec. 3129. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.

Sec. 3132. Defense inertial confinement fusion program.

Sec. 3133. Payment of penalties.

Sec. 3134. Water management programs.

Sec. 3135. Worker protection at nuclear weapons facilities.

Sec. 3136. Worker health and protection.

Sec. 3137. Limitation on use of program direction funds.

Sec. 3138. Limitation on use of funds for new construction projects.

Sec. 3139. Limitation on use of funds for special access programs.

Sec. 3140. Prohibition on prefinancing.

Sec. 3141. International Center for Applied Research.

Sec. 3142. Limitation on study or relocation of tritium-related activities and

operations.

Subtitle D—Other Matters

Sec. 3151. Accounting procedures for Department of Energy funds.

Sec. 3152. Approval for certain nuclear weapons activities.

Sec. 3153. Study of feasibility of conducting certain activities at the Nevada

Test Site, Nevada.

Sec. 3154. Report on waste streams generated by nuclear weapons production

cycle.

Sec. 3155. Release of certain restricted data.

Sec. 3156. Designation of Marilyn Lloyd Scholarship and Fellowship Program.

Sec. 3157. Report on economic redevelopment and conversion activities resulting from reconfiguration of Department of Energy nuclear

weapons complex.

Sec. 3158. Prohibition on disclosure of certain information on exposure to radiation released from Hanford Nuclear Reservation.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD AUTHORIZATION

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Conditions on authority to dispose of certain strategic and critical

materials.

Sec. 3302. Rejection of change in stockpiling principles.

Sec. 3303. Limitations on the disposal of chromite and manganese ores.

Sec. 3304. Conditional prohibition on proposed disposal of zinc from National

Defense Stockpile.

Sec. 3305. Special program for conversion of low carbon ferro chromium to

high purity electrolytic chromium metal.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.
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Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert T.

Stafford Disaster Relief and Emergency Assistance Act.

TITLE XXXV—NAVAL PETROLEUM RESERVES

Sec. 3501. Authorization of appropriations.

Sec. 3502. Price requirement on sale of certain petroleum during fiscal year

1995.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means the Committees on Armed Serv4 ices and the Committees on Appropriations of the Senate

5 and House of Representatives.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Authorization of

10 Appropriations

11 SEC. 101. ARMY.

12 Funds are hereby authorized to be appropriated for

13 fiscal year 1995 for procurement for the Army as follows:

14 (1) For aircraft, $1,301,452,000.

15 (2) For missiles, $685,136,000.

16 (3) For weapons and tracked combat vehicles,

17 $942,886,000.

18 (4) For ammunition, $854,883,000.

19 (5) For other procurement, $2,651,233,000.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 1995 for procurement for the Navy

4 as follows:

5 (1) For aircraft, $4,588,007,000.

6 (2) For weapons, including missiles and tor7 pedoes, $2,223,246,000.

8 (3) For shipbuilding and conversion,

9 $6,869,897,000.

10 (4) For other procurement, $3,241,611,000.

11 (b) MARINE CORPS.—Funds are hereby authorized to

12 be appropriated for fiscal year 1995 for procurement for

13 the Marine Corps in the amount of $528,352,000.

14 SEC. 103. AIR FORCE.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 1995 for procurement for the Air Force as fol17 lows:

18 (1) For aircraft, $6,101,767,000.

19 (2) For weapons including missiles,

20 $3,953,232,000.

21 (3) For other procurement, $6,855,423,000.

22 SEC. 104. DEFENSE-WIDE ACTIVITIES.

23 Funds are hereby authorized to be appropriated for

24 fiscal year 1995 for defense-wide procurement in the

25 amount of $2,066,694,000.
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1 SEC. 105. DEFENSE INSPECTOR GENERAL.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1995 for procurement for the Inspector General

4 of the Department of Defense in the amount of

5 $1,000,000.

6 SEC. 106. RESERVE COMPONENTS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1995 for procurement of aircraft, vehicles, com9 munications equipment, and other equipment for the re10 serve components of the Armed Forces as follows:

11 (1) For the Army National Guard,

12 $262,000,000.

13 (2) For the Air National Guard, $176,000,000.

14 (3) For the Army Reserve, $50,000,000.

15 (4) For the Naval Reserve, $183,000,000.

16 (5) For the Air Force Reserve, $68,900,000.

17 (6) For the Marine Corps Reserve,

18 $47,300,000.

19 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

20 (a) AUTHORIZATION.—There is hereby authorized to

21 be appropriated for fiscal year 1995 the amount of

22 $670,349,000 for—

23 (1) the destruction of lethal chemical agents

24 and munitions in accordance with section 1412 of

25 the Department of Defense Authorization Act, 1986

26 (50 U.S.C. 1521); and
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1 (2) the destruction of chemical warfare material

2 of the United States that is not covered by section

3 1412 of such Act.

4 (b) ALLOCATION.—Of the funds specified in sub5 section (a)—

6 (1) $365,084,000 is for operations and mainte7 nance;

8 (2) $284,465,000 is for procurement; and

9 (3) $20,800,000 is for research and develop10 ment efforts in support of the nonstockpile chemical

11 weapons program.

12 Subtitle B—Army Programs

13 SEC. 111. PROCUREMENT OF HELICOPTERS.

14 Sections 132 and 133 of the National Defense Au15 thorization Act for Fiscal Years 1990 and 1991 (Public

16 Law 101–189) are repealed.

17 Subtitle C—Navy Programs

18 SEC. 121. TERMINATION OF NAVY F–14A/B UPGRADE PRO19 GRAM.

20 (a) TERMINATION.—The Secretary of Defense shall

21 terminate the F–14A/B aircraft upgrade program.

22 (b) LIMITATION ON FUNDS.—None of the funds ap23 propriated or otherwise made available to the Department

24 of Defense for procurement for fiscal year 1995 or a later
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1 fiscal year may be obligated for the F–14A/B aircraft up2 grade program.

3 SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYS4 TEMS FOR TRIDENT II MISSILES.

5 No funds authorized to be appropriated for fiscal year

6 1995 for Mark 6 guidance systems for Trident II (D–5)

7 missiles may be obligated until the Secretary of Defense

8 certifies to the congressional defense committees that,

9 based upon a review by the Secretary of the readiness,

10 testing, spares, and logistics requirements for the guid11 ance system, the inventory objective of 562 units of the

12 guidance system is required to support the inventory ob13 jective for Trident II (D–5) missiles.

14 SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.

15 (a) LIMITATION.—The Secretary of the Navy may

16 not modify any Trident I submarine to enable that sub17 marine to be deployed with Trident II (D–5) missiles.

18 (b) WAIVER AUTHORITY.—If the Secretary of De19 fense determines that adherence to the prohibition in sub20 section (a) would result in a significant national security

21 risk to the United States, the Secretary may waive that

22 prohibition. Such a waiver may not take effect until the

23 Secretary submits to Congress a certification of that de24 termination and of the reasons for that determination.
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1 SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST

2 SEALIFT PROGRAM.

3 Section 1424(b) of the National Defense Authoriza4 tion Act for Fiscal Year 1991 (10 U.S.C. 7291 note) is

5 amended—

6 (1) by inserting ‘‘or converted’’ after ‘‘con7 structed’’ each place it appears; and

8 (2) by inserting ‘‘or conversion’’ after ‘‘con9 struction’’ each place it appears.

10 SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE

11 PROGRAM.

12 No more than $4,673,371,000 nay be obligated or ex13 pended for procurement of the SSN–21 and SSN–22

14 Seawolf submarines.

15 SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VES16 SELS.

17 (a) LIMITATION.—The Secretary of the Navy may

18 not obligate funds for any of the vessels designated as

19 TAGS–63, TAGS–64, or TAGS–65 unless the Secretary

20 certifies to the congressional defense committees that the

21 multibeam sonars to be used on those vessels (whether

22 new or remanufactured) have been obtained through the

23 use of competitive acquisition procedures.

24 (b) NATIONAL SECURITY WAIVER.—The Secretary of

25 the Navy may waive the limitation in subsection (a) for

26 reasons of national security. Such a waiver may not take
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1 effect until the Secretary submits to the Committees on

2 Armed Services of the Senate and House of Representa3 tives a report giving notice of the waiver and an expla4 nation of the national security reasons for the waiver.

5 SEC. 127. ADVANCED CAPABILITY (ADCAP) MODIFICATION

6 PROGRAM FOR THE MK–48 TORPEDO.

7 Within the amount provided in section 102(a)(2) for

8 procurement of weapons, including missiles and torpedoes,

9 for the Navy—

10 (1) the amount provided for the Advanced Ca11 pability (ADCAP) modification program for the

12 MK–48 torpedo is hereby increased by $52,300,000;

13 and

14 (2) the amount provided for the Fleet Satellite

15 Communications program is hereby reduced by

16 $52,300,000.

17 Subtitle D—Air Force Programs

18 SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.

19 (a) AUTHORIZATION.—Of the amount provided in

20 section 103 for procurement of aircraft for the Air

21 Force—

22 (1) $103,000,000 shall be available for Non-De23 velopmental Alternative Aircraft procurement; and

24 (2) $2,303,402,000 shall be available for the C–

25 17 aircraft program, of which—
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1 (A) $2,249,819,000 is for procurement of

2 six C–17 aircraft;

3 (B) $47,475,000 is for advance procure4 ment of up to eight C–17 aircraft for fiscal year

5 1996; and

6 (C) $6,108,000 is for C–17 modifications.

7 (b) REQUIREMENT FOR COMPETITION.—The Sec8 retary of Defense shall use competitive procedures in se9 lecting a source for the aircraft to be procured as Non10 Developmental Alternative Aircraft under subsection (a).

11 (c) NOTICE TO CONGRESS.—Funds described in sub12 section (a) may not be obligated for procurement under

13 subsection (a) until 60 days after the date which the Sec14 retary of Defense submits to the congressional defense

15 committees a report describing the Secretary’s plan for the

16 obligation of those funds.

17 (d) PRESERVATION OF INTERTHEATER AIRLIFT CA18 PACITY.—In acquiring aircraft under subsection (a), the

19 Secretary of Defense shall structure the acquisition of

20 those aircraft so as to preserve the aggregate intertheater

21 airlift capacity of the Air Force (measured in millions of

22 ton-miles per day) as of the date of the enactment of this

23 Act.
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1 SEC. 132. B–2 BOMBER PROGRAM COST LIMITATION.

2 In determining the expenditures to be applied against

3 the total program cost limitation of $28,968,000,000 (in

4 fiscal year 1981 constant dollars) specified by law for the

5 B–2 bomber program, expenditures by the Department of

6 Defense associated with preserving the industrial facilities

7 used to produce that aircraft shall be included in that total

8 program cost.

9 SEC. 133. BOMBER FORCE UPGRADE PROGRAM.

10 (a) HEAVY BOMBER FORCE UPGRADE FUND.—From

11 funds authorized by section 104 for defense-wide procure12 ment activities, $100,000,000 shall be for a heavy bomber

13 force upgrade fund. The Secretary of Defense may obli14 gate amounts in the fund for—

15 (1) long-range heavy bombers that would other16 wise become attrition reserve aircraft;

17 (2) accelerating conventional mission upgrades

18 for the B–1 bomber; or

19 (3) a combination of expenditures under para20 graphs (1) and (2).

21 (b) NOTICE TO CONGRESS.—Funds described in sub22 section (a) may not be obligated until 30 days after the

23 date on which the Secretary of Defense submits to the

24 congressional defense committees notice of the Secretary’s

25 proposed expenditures from that fund for the purposes

26 specified in subsection (a).
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1 SEC. 134. EVALUATION OF RESTART OF C–5B AIRCRAFT

2 PROCUREMENT.

3 (a) EVALUATION.—The Secretary of the Air Force

4 shall conduct an evaluation of the costs of restarting pro5 duction of C–5B aircraft for the strategic airlift mission.

6 The evaluation shall include startup costs and production

7 costs for a production run of from 30 to 70 units.

8 (b) REPORT.—The Secretary shall submit to the con9 gressional defense committees a report on the evaluation

10 under subsection (a). The report may be submitted as part

11 of any other required report to those committees relating

12 to intertheater airlift.

13 Subtitle E—Defense-Wide Activities

14 SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.

15 (a) RISK MITIGATION FUND.—From funds author16 ized by section 104 for defense-wide procurement,

17 $300,000,000 shall be for a satellite early-warning assur18 ance fund. The Secretary of Defense may obligate

19 amounts in the fund for—

20 (1) continued procurement of Defense Support

21 Program (DSP) satellite number 24;

22 (2) accelerated development of the Alert, Lo23 cate, and Report Missiles (ALARM) satellite pro24 gram leading to launch of the first satellite under

25 that program no later than the first quarter of

26 2002;
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1 (3) development of the Brilliant Eyes satellite

2 sensor system;

3 (4) acquisition of up to three additional interim

4 theater missile sensors; or

5 (5) a combination of expenditures under para6 graphs (1), (2), (3), and (4).

7 (b) NOTICE TO CONGRESS.—Funds described in sub8 section (a) may not be obligated until after the date on

9 which the Secretary of Defense submits to the congres10 sional defense committees notice of the Secretary’s pro11 posed expenditures from that fund for the purposes speci12 fied in subsection (a).

13 Subtitle F—National Defense

14 Sealift Fund

15 SEC. 161. PROHIBITION OF TRANSFER OF FISCAL YEAR 1994

16 FUNDS TO CVN–76 CONSTRUCTION.

17 None of the fiscal year 1994 unauthorized sealift ap18 propriation (as defined in section 164) may be transferred

19 (pursuant to the provisions of an Act making appropria20 tions for a fiscal year after fiscal year 1994 or to authority

21 provided under such an Act) to funds appropriated for fis22 cal year 1994 or a later fiscal year for Shipbuilding and

23 Conversion, Navy, to be available for CVN–76 construc24 tion.
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1 SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT

2 FUND PROGRAM.

3 (a) USE OF FISCAL YEAR 1994 UNAUTHORIZED

4 SEALIFT APPROPRIATION.—From the fiscal year 1994

5 unauthorized sealift appropriation (as defined in section

6 164), the amount of $608,600,000 shall, to the extent pro7 vided in appropriations Acts making appropriations for a

8 fiscal year after fiscal year 1994, be available for fiscal

9 year 1995 programs to be carried out through the Na10 tional Defense Sealift Fund, of which—

11 (1) $546,400,000 is for the execution of new

12 ship construction contract options for construction

13 of two prepositioning surge ships;

14 (2) $43,000,000 is for procurement and instal15 lation of national defense sealift features on pri16 vately owned, United States documented commercial

17 roll-on/roll-off vessels that are constructed after the

18 date of the enactment of this Act by a shipyard lo19 cated in the United States; and

20 (3) $19,200,000 is for research and develop21 ment of strategic sealift technology.

22 (b) DENIAL OF AUTHORIZATION OF APPROPRIA23 TIONS FOR FISCAL YEAR 1995.—No funds are authorized

24 to be appropriated to the National Defense Sealift Fund

25 for fiscal year 1995.
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1 SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III

2 ACCOUNT.

3 From the fiscal year 1994 unauthorized sealift appro4 priation (as defined in section 164), the amount of

5 $591,400,000 shall, to the extent provided in appropria6 tions Acts, be transferred to, and deposited in, the account

7 ‘‘BASE REALIGNMENT AND CLOSURE ACCOUNT, PART

8 III’’, to be available for the same purposes, and subject

9 to the same limitations, as other funds in that account.

10 SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT AP11 PROPRIATION DEFINED.

12 For purposes of this subtitle, the term ‘‘fiscal year

13 1994 unauthorized sealift appropriation’’ means

14 $1,200,000,000 of the amount appropriated for fiscal year

15 1994 to the National Defense Sealift Fund (in title V of

16 the Department of Defense Appropriations Act, 1994

17 (Public Law 103–139; 107 Stat. 1435)).

18 SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH AS19 SISTANCE IS PROVIDED THROUGH NATIONAL

20 DEFENSE SEALIFT FUND.

21 Section 2218(f) of title 10, United States Code, is

22 amended by adding at the end the following new para23 graph:

24 ‘‘(3)(A) A vessel that is constructed, altered, con25 verted, purchased, operated, maintained, leased, or char-
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1 tered with funds in the National Defense Sealift Fund

2 pursuant to subsection (c)(1)—

3 ‘‘(i) may not be operated or maintained directly

4 by the Department of Defense or Department of

5 Transportation; and

6 ‘‘(ii) may not be crewed by employees of the

7 United States.

8 ‘‘(B) Operation and maintenance of any such vessel

9 with funds in the National Defense Sealift Fund (includ10 ing retention of the vessel in reduced operating status)

11 shall be conducted using private operating companies em12 ploying only merchant mariners on board such vessel who

13 are United States citizens. To the extent possible, pref14 erence in employing such mariners shall be given to other15 wise qualified former or retired military personnel who are

16 released from active duty as a result of the downsizing

17 of the armed forces.

18 ‘‘(C) Subparagraphs (A) and (B) do not apply during

19 time of war or national emergency declared by the Presi20 dent or the Congress if the Secretary of Defense certifies

21 that no qualified private contractor or private sector mer22 chant mariners are available to operate the vessel.

23 ‘‘(D) Nothing in this paragraph shall be construed

24 to—
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1 ‘‘(i) require the separation by reduction in force

2 of any employee of the United States who, on the

3 date of the enactment of this paragraph, is employed

4 as a crewmember on a vessel described in subpara5 graph (A); or

6 ‘‘(ii) restrict the ability to embark military de7 tachments to operate special equipment.’’.

8 Subtitle G—Other Matters

9 SEC. 171. TRANSFER OF USNS MAURY.

10 (a) IN GENERAL.—The Secretary of the Navy shall

11 transfer the USNS Maury (TAGS–39) to the Department

12 of Transportation for assignment as a training ship to the

13 California Maritime Academy at Vallejo, California. The

14 transfer shall be made on the date of the decommissioning

15 of that vessel.

16 (b) TERMS AND CONDITIONS.—(1) In carrying out

17 subsection (a), the Secretary shall deliver the vessel—

18 (A) at the place where the vessel is located on

19 the date of the conveyance;

20 (B) in its condition on that date; and

21 (C) at no cost to the United States.

22 (2) The Secretary may require such additional terms

23 and conditions in connection with the transfer authorized

24 by this section as the Secretary considers appropriate.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1995 for the use of the Department of Defense

9 for research, development, test, and evaluation as follows:

10 (1)For the Army $5,425,303,000.

11 (2)For the Navy, $8,913,963,000.

12 (3)For the Air Force, $12,318,766,000.

13 (4)For Defense-wide activities, $9,325,708,000,

14 of which—

15 (A) $254,995,000 is authorized for the ac16 tivities of the Director, Test and Evaluation;

17 and

18 (B) $12,501,000 is authorized for the Di19 rector of Operational Test and Evaluation.

20 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR21 ATORY DEVELOPMENT.

22 (a) FISCAL YEAR 1995.—Of the amounts authorized

23 to be appropriated by section 201, $4,288,064,000 shall

24 be available for basic research and exploratory develop25 ment projects.
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1 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP2 MENT DEFINED.—For purposes of this section, the term

3 ‘‘basic research and exploratory development’’ means work

4 funded in program elements for defense research and de5 velopment under Department of Defense category 6.1 or

6 6.2.

7 SEC. 203. TACONITE PROCESSING TECHNOLOGY.

8 Of the amount provided in section 201 for the Navy,

9 the sum of $500,000 shall be available for the purpose

10 of initiating and carrying out a manufacturing technology

11 program for taconite processing technology.

12 Subtitle B—Program Require13 ments, Restrictions, and Limita14 tions

15 SEC. 211. SPACE LAUNCH MODERNIZATION.

16 (a) POLICY.—(1) It is in the Nation’s long-term na17 tional security and economic interests to regain pre18 eminence in the area of space launch technology and oper19 ations.

20 (2) Access to space at affordable costs is fundamental

21 to maintaining required command, control, communica22 tions, intelligence, navigation, weather, and early warning

23 support to United States and coalition forces.

24 (3) Encouragement of privately financed, cost effec25 tive expendable and reusable launch vehicles is in the eco-
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1 nomic interest of the Department of Defense and the

2 United States Government.

3 (b) REQUIRED ACTIONS.—The Secretary of Defense

4 shall take the following actions in pursuance of the space

5 launch modernization policy set forth in subsection (a):

6 (1) Begin and complete a program to replace or

7 consolidate the current fleet of medium and heavy

8 expendable launch vehicles with new or upgraded ex9 pendable launch vehicles or with a combination of

10 expendable and reusable launch vehicles. The Sec11 retary shall initiate flight tests of new or upgraded

12 expendable launch vehicles and of reusable launch

13 vehicles not later than 1998 to achieve an initial

14 launch capability for selected replacement vehicles

15 not later than July 1, 2002. The program shall in16 clude a fly-before-buy acquisition strategy with both

17 advanced concept technology demonstrations of ex18 pendable launch vehicles and advanced technology

19 demonstrations of reusable launch vehicles.

20 (2) For purposes of paragraph (1), initiate a

21 competitive Advanced Concept Technology Dem22 onstration program to achieve a cost reduction over

23 current medium and heavy expendable launch vehi24 cles of at least 15 percent in flyaway cost per pound

25 (in fiscal year 1994 dollars) and at least 25 percent
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1 reduction in launch operations costs per launch (in

2 fiscal year 1994 dollars).

3 (3) Encourage and evaluate innovative acquisi4 tion, technical, and financing (including best com5 mercial practices) solutions for providing affordable,

6 operable, reliable, and responsive access to space.

7 (4) Centralize oversight of launch requirements

8 of the Department of Defense and other users to

9 preclude inflated requirements from escalating cur10 rent and future launch costs.

11 (5) Encourage and provide incentives for the

12 use of commercial practices in the acquisition, oper13 ation, and support of Department of Defense space

14 operations.

15 (6) Establish effective suitable coordination

16 among military, civilian, and commercial launch de17 velopers and users.

18 (c) ALLOCATION OF FUNDS.—Of the amount author19 ized to be appropriated in section 201(3), $200,000,000

20 shall be available for research, development, test, and eval21 uation of non-man-rated space launch systems and tech22 nologies. Of that amount—

23 (1) $100,000,000 shall be available only for a

24 competitive reusable rocket technology demonstra25 tion program, including—
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1 (A) use of at least 90 percent of such

2 amount for development and flight testing of

3 one or more technology demonstration vehicles,

4 and

5 (B) further development of reusable rocket

6 technologies; and

7 (2) $100,000,000 shall be available only for an

8 Advanced Concept Technology Demonstration pro9 gram for expendable launch vehicles, including—

10 (A) competitive development and flight

11 testing of advanced concept technology dem12 onstration vehicles, and

13 (B) further development of enhanced tech14 nologies related to expendable launch vehicles,

15 including Russian rocket propulsion technology.

16 (d) LIMITATIONS.—(1) Not more than 2 percent of

17 the funds made available by subsection (c) may be used

18 for direct and indirect Department of Defense-related pro19 gram office, contractor support, and management over20 head costs.

21 (2) Program office staff may not exceed 10 individ22 uals, including contractor support.

23 (3) None of the funds authorized in this section may

24 be released or otherwise transferred for execution or obli-
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1 gation to any Government department, agency, or organi2 zation outside the Department of Defense.

3 SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECH4 NOLOGY DEMONSTRATION.

5 (a) IN GENERAL.—(1) Of the amounts authorized to

6 be appropriated pursuant to section 201, up to $2,000,000

7 of the amount for the Navy and up to $2,000,000 of the

8 amount for the Air Force shall be used for the conduct

9 of a demonstration of nondevelopmental technology that

10 would enable the use of a single adaptor kit for munitions

11 described in paragraph (2) in order to give those muni12 tions a standoff and near-precision guided capability. Such

13 amounts shall be obligated not later than nine months

14 after the date of the enactment of this Act.

15 (2) Paragraph (1) applies to guided and unguided in16 inventory munitions of the class of 1,000 pounds and

17 below.

18 (b) REPORT.—The Secretary of the Defense shall

19 submit to the congressional defense committees a report

20 setting forth in detail the results and costs of the dem21 onstration and the applicability of the technology dem22 onstrated in providing the Armed Forces with an inexpen23 sive solution to providing both range extension and near24 precision guided capability to in-inventory munitions.
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1 SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-IN2 FRARED ADVANCED CHEMICAL LASER

3 AGAINST AN OBJECT IN SPACE.

4 The Secretary of Defense may not carry out a test

5 of the Mid-Infrared Advanced Chemical Laser (MIRACL)

6 transmitter and associated optics against an object in

7 space during fiscal year 1995 unless such testing is spe8 cifically authorized by law.

9 SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COM10 BAT SYSTEMS TESTING REQUIREMENTS.

11 (a) COVERED SYSTEMS.—Subsection (a) of section

12 220 of the National Defense Authorization Act for Fiscal

13 Year 1994 (Public Law 103–160; 107 Stat. 1589) is

14 amended—

15 (1) by inserting ‘‘ACAT I level integrated or

16 stand-alone’’ before ‘‘electronic combat system’’; and

17 (2) by inserting ‘‘ACAT I level integrated or

18 stand-alone’’ before ‘‘command, control, and commu19 nications countermeasure system’’.

20 (b) APPLICABILITY.—Subsection (e) of section 220 of

21 such Act is amended to read as follows:

22 ‘‘(e) APPLICABILITY.—The provisions of subsections

23 (a) and (b) shall apply to an ACAT I level integrated or

24 stand-alone electronic combat system and to an ACAT I

25 level integrated or stand-alone command, control, and

26 communications countermeasure system regardless of
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1 whether development of the electronic combat system or

2 the command, control, and communications counter3 measure system, as the case may be, began before, on,

4 or after the date of the enactment of this Act.’’.

5 SEC. 215. ADVANCED SELF PROTECTION JAMMER (ASPJ)

6 PROGRAM.

7 (a) Subject to subsection (b), the Secretary of the

8 Navy shall, not later than September 30, 1994, obligate

9 funds appropriated to the Department of Defense for fis10 cal year 1994 and prior years to carry out logistics sup11 port, maintenance, and integration of existing Advanced

12 Self Protection Jammer systems from the Navy inventory

13 into the F–14D aircraft for testing and evaluation. The

14 Secretary may acquire sufficient racks, spares, and logistic

15 support, including hardware and software, necessary to

16 maintain the existing ASPJ systems in the Navy inven17 tory.

18 (b) The Secretary of the Navy may obligate funds

19 under subsection (a) only to the extent provided in appro20 priations Acts.

21 (c) The Secretary of the Navy shall carry out sub22 section (a) notwithstanding section 122 of the National

23 Defense Authorization Act for Fiscal Year 1993 (Public

24 Law 102–484; 106 Stat. 2334).
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1 SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.

2 (a) PURPOSE.—The purpose of the Advanced Lithog3 raphy Program (hereinafter in this section referred to as

4 the ‘‘ALP’’) is to fund goal-oriented research and develop5 ment to be conducted in both the public and private sec6 tors to help achieve a competitive position for American

7 lithography tool manufacturers in the international mar8 ket place.

9 (b) CONDUCT OF PROGRAM.—(1) The program shall

10 be conducted in accordance with research and development

11 plans (including an interim plan) developed by the Semi12 conductor Technology Council, established in section 273

13 of the National Defense Authorization Act for Fiscal

14 Years 1988 and 1989 (15 U.S.C. 4603) (as amended by

15 section 263 of the National Defense Authorization Act for

16 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1608)).

17 (2) The interim plan referred to in paragraph (1)

18 shall be the Semiconductor Industry Association (SIA)

19 1994 development plan for lithography.

20 (c) PROGRAM MANAGEMENT.—The Advanced Re21 search Projects Agency (ARPA) shall be the executive

22 agent for the ALP and shall ensure seamless program

23 planning of the ALP into the full range of ARPA core

24 electronics development programs.
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1 (d) FUNDING.—Of the funds authorized to be appro2 priated in section 201, $100,000,000 shall be available for

3 the advanced lithography program. Of that amount—

4 (1) $75,000,000 shall be available to conduct

5 research and development activities in accordance

6 with subsection (b); and

7 (2) $25,000,000 shall be available to procure

8 advanced American-manufactured lithography tools

9 for evaluation at Government-owned or Government10 sponsored research facilities engaged in advanced li11 thography.

12 (e) REQUIREMENTS.—Not later than January 1,

13 1995—

14 (1) the President shall appoint to the Semi15 conductor Technology Council, referred to in sub16 section (a), the members listed in section 273(c) of

17 the National Defense Authorization Act for Fiscal

18 Years 1988 and 1989 (15 U.S.C. 4603);

19 (2) the Under Secretary of Defense for Acquisi20 tion and Technology, in his capacity as Cochairman

21 of the Council, shall call a meeting of the Council for

22 the purpose of developing a national strategy for li23 thography;
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1 (3) the Council shall issue a Department of De2 fense instruction for the operation of the Council;

3 and

4 (4) the Council shall develop and submit to the

5 Secretary of Defense a plan for achieving the na6 tional strategy for lithography.

7 (f) RESTRICTION.—After January 1, 1995, no funds

8 may be obligated by the Department of Defense for the

9 High Performance Computing Program (PE 602301E),

10 Sematech (PE 603745E), or Warbreaker (PE 603226E;

11 Project EE40) unless the events listed in subsection (e)

12 have occurred.

13 SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOP14 MENT CENTERS.

15 (a) AUTHORITY.—A Federally Funded Research and

16 Development Center (FFRDC) of the Department of De17 fense that functions primarily as a research laboratory

18 may respond to solicitations and announcements under

19 programs authorized by the Federal Government for the

20 purpose of promoting the development and transfer of

21 dual-use technology to the United States industrial sector

22 if such FFRDC meets the following conditions:

23 (1) The FFRDC is a collaborating member of

24 a United States industry-led team.
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1 (2) The nature of such collaboration is that of

2 a precompetitive research and technology develop3 ment effort.

4 (b) USE OF COOPERATIVE AGREEMENTS.—An

5 FFRDC described in subsection (a) that responds to a so6 licitation or announcement described in such subsection

7 shall not be considered to be engaging in a competitive

8 procedure and may use a cooperative research and devel9 opment agreement (as defined in section 12 of the Steven10 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.

11 3710a)) or other cooperative agreement as the instrument

12 of participation in the solicitation or announcement.

13 SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMU14 LATE COMPETITIVE RESEARCH.

15 (a) IN GENERAL.—(1) The Secretary, through the

16 Director of Defense Research and Engineering, shall oper17 ate a Defense Experimental Program to Stimulate Com18 petitive Research (hereinafter in this section referred to

19 as ‘‘DEPSCoR’’) as part of the university research pro20 grams of the Department of Defense.

21 (2) The objectives of DEPSCoR shall be—

22 (A) to enhance the competitiveness within the

23 peer-review system of investigators from academic

24 institutions in eligible States; and
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1 (B) to increase the probability of long-term

2 growth of competitive funding to investigators at in3 stitutions from eligible States.

4 (3) In order to carry out the objectives stated in para5 graph (2), DEPSCoR shall provide for activities which

6 may include competitive research awards, research infra7 structure support, and graduate traineeships.

8 (4) DEPSCoR shall assist those States that—

9 (A) historically have received relatively little

10 Federal research and development funding; and

11 (B) have demonstrated a commitment to de12 velop their research bases and improve science and

13 engineering research and education programs at

14 their universities and colleges.

15 (b) DEFINITION.—The term ‘‘eligible States’’ means

16 States that have been designated by the Director of the

17 National Science Foundation as eligible to participate in

18 the Experimental Program to Stimulate Competitive Re19 search.

20 (c) COORDINATION.—The Secretary shall consult

21 with the Director of the National Science Foundation and

22 the Director of the Office of Science and Technology Pol23 icy in the planning, development, and execution of

24 DEPSCoR and shall coordinate the Department’s pro25 gram with similar programs sponsored by other Federal
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1 agencies. All solicitations shall be made to, and all awards

2 shall be made through, the State committees established

3 by the National Science Foundation for the purpose of ad4 ministering the Experimental Program to Stimulate Com5 petitive Research. The State committees shall ensure that

6 the DEPSCoR program is coordinated with other Federal

7 Experimental Program to Stimulate Competitive Research

8 initiatives in their respective States.

9 SEC. 219. DIGITAL BATTLEFIELD PROGRAM.

10 (a) ESTABLISHMENT OF PROGRAM.—The Secretary

11 of the Army shall establish a Digital Battlefield program

12 to provide enhancements required to field components for

13 a digitalized battlefield by 1996. These enhancements

14 shall include electronics, second-generation forward-look15 ing infrared technology, and communications for major

16 platforms and development of applique packages for plat17 forms without embedded digital systems.

18 (b) FUNDING.—Of the amounts authorized to be ap19 propriated pursuant to section 201, $50,000,000 shall be

20 available for fiscal year 1995 for the digital battlefield pro21 gram (PE 203758A).

22 (c) PROGRAM LIMITATION.—None of the funds ap23 propriated pursuant to section 201 for the digital battle24 field program (PE 203758A) for the Army for fiscal year

25 1995 may be obligated for research and development ac-
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1 tivities for development or integration of such program

2 until the Secretary of the Army—

3 (1) establishes, and programs funds for, a re4 search and development program to enhance the

5 processing and memory capability of the electronic

6 systems on the Abrams tank to make the M1/M1A2

7 Abrams tank compatible and interoperable with the

8 digital battlefield, when placed into service;

9 (2) restructures the M1 Abrams tank upgrade

10 program to incorporate the enhancements produced

11 by the research and development program estab12 lished under paragraph (1);

13 (3) transmits to the congressional defense com14 mittees a report providing notice of the restructured

15 M1A2 program under paragraph (2) and a descrip16 tion of the program;

17 (4) coordinates with the Secretary of the Navy

18 to include the Marine Corps in the Army’s plans for

19 the digital battlefield; and

20 (5) transmits to the congressional defense com21 mittees a report describing—

22 (A) the Army’s plan of actions and mile23 stones for defining the overall system architec24 ture for the digital battlefield, the standards
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1 and protocols for the digital battlefield, and re2 sulting requirements;

3 (B) how those requirements affect or will

4 affect the major platforms that will make up

5 the digital battlefield; and

6 (C) the manner in which coordination with

7 the Secretary of the Navy under paragraph (4)

8 is being carried out.

9 SEC. 220. MOBILE OFF-SHORE BASE AND LANDING SHIP

10 QUAY CAUSEWAY PROGRAM.

11 (a) FINDINGS.—Congress makes the following find12 ings:

13 (1) The concepts of the sea-going Mobile Off14 Shore Base and the related Landing Ship Quay

15 Causeway could result in significant improvements

16 in the capability for the Armed Forces to respond to

17 crises in those areas where land bases are not avail18 able for use by those forces.

19 (2) The potential development and acquisition

20 costs of the Mobile Off-Shore Base and the Landing

21 Ship Quay Causeway are such that any program for

22 development of the Mobile Off-Shore Base or the

23 Landing Ship Quay Causeway should be designated

24 as a major defense acquisition program.
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1 (b) LIMITATION.—No funds are authorized for fiscal

2 year 1995 for research and development for a Mobile Off3 Shore Base or a Landing Ship Quay Causeway program.

4 The Secretary of Defense may not develop or acquire a

5 Mobile Off-Shore Base or a Landing Ship Quay Causeway

6 until both of the following occur:

7 (1) The military requirement for a Mobile Off8 Shore Base and a Landing Ship Quay Causeway, as

9 reflected in operational requirements documents, is

10 approved by the Joint Requirements Oversight

11 Council.

12 (2) The Secretary of Defense certifies to the

13 congressional defense committees that—

14 (A) there is a validated requirement for

15 the Mobile Off-Shore Base or the Landing Ship

16 Quay Causeway; and

17 (B) the acquisition plan and program to

18 fulfill the requirement are established and are

19 funded to the end of the current future-years

20 defense program submitted pursuant to section

21 221 of title 10, United States Code.

22 SEC. 221. ARROW/ACES PROGRAM.

23 Of the amount provided in section 201 for Defense24 wide activities, $52,400,000 is available for the Arrow/

25 ACES program.
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1 SEC. 222. ARMY HELICOPTER ENGINE UPGRADE PROGRAM.

2 The amount authorized in section 201 for the Army

3 is hereby reduced by $4,500,000, to be derived from the

4 amount provided for development of an electronic fuel con5 trol to upgrade the hydromechanical unit for the T53-se6 ries helicopter engine.

7 SEC. 223. RESEARCH AND DEVELOPMENT FOR STRATEGIC

8 METALS.

9 (a) RESEARCH AND DEVELOPMENT.—The Secretary

10 of Defense, in consultation with the Secretary of Com11 merce, shall give consideration to acceleration of research

12 and development projects for strategic metals and alloys

13 to support the objectives of section 2501(c) of title 10,

14 United States Code. In carrying out the preceding sen15 tence, the Secretary of Defense shall begin by conducting

16 a project for the acceleration of research in aluminum be17 ryllium alloys to meet military and commercial standards

18 for emerging applications.

19 (b) FUNDING.—Of the amounts authorized in section

20 201(4) for materials and electronic technology carried out

21 by the Advanced Research Projects Agency, $2,000,000

22 is authorized for the project for acceleration of research

23 in aluminum beryllium alloys described in subsection (a).
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1 Subtitle C—Missile Defense

2 Programs

3 SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION

4 BUDGET PRESENTATION.

5 In the budget of the President for any fiscal year,

6 amounts requested for the Ballistic Missile Defense Orga7 nization shall be set forth showing the amounts requested

8 for each individual program, project, and activity of that

9 organization as well as the total amount requested for the

10 organization.

11 SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.

12 (a) NAVAL THEATER MISSILE DEFENSE.—Of the

13 amount provided for the Ballistic Missile Defense Organi14 zation under section 201 for Theater Missile Defense, not

15 less than $40,000,000 shall be available to support the

16 aggressive exploration of the Navy Upper Tier Program

17 for Naval Theater Missile Defense.

18 (b) ACCELERATED ADVANCED CONCEPT TECH19 NOLOGY DEMONSTRATION PROGRAM.—The Secretary of

20 Defense, acting through the Director of the Ballistic Mis21 sile Defense Organization, shall initiate during fiscal year

22 1995 an accelerated Advanced Concept Technology Dem23 onstration Program to demonstrate the technical feasibil24 ity of using the Navy’s Block IV Standard Missile com25 bined with a kick stage rocket motor and the lightweight
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1 Exoatmospheric Projectile (LEAP) as a near-term option

2 for cost-effective wide-area Theater Missile Defense.

3 (c) THEATER MISSILE DEFENSE PROGRAM PRIOR4 ITIES.—(1) The Secretary of Defense, acting through the

5 Director of the Ballistic Missile Defense Organization,

6 shall establish as the first priority of the Theater Missile

7 Defense Program the deployment of—

8 (A) a layered land-based Theater Missile De9 fense capability consisting of the Patriot Advanced

10 Capability (PAC–3) system and the Theater High11 Altitude Area Defense (THAAD) system; and

12 (B) a layered sea-based Theater Missile De13 fense capability consisting of the Navy Lower Tier

14 theater missile defense program and the Navy Upper

15 Tier theater missile defense program.

16 (2) Each program referred to in paragraph (1) shall

17 be treated by the Department of Defense as a major acqui18 sition program for funding purposes for fiscal years 1995

19 through 1999, as prescribed in the October 1993 report

20 of the Secretary of Defense entitled ‘‘Report on the Bot21 tom Up Review’’ and in Defense Planning Guidance.

22 SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION

23 ACTIVITIES.

24 (a) IN GENERAL.—Of the amount provided in section

25 201 for Defense-wide Activities, $210,000,000 is for thea-
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1 ter missile defense risk reduction activities of the Ballistic

2 Missile Defense Organization. None of such amount may

3 be obligated for a program specified in subsection (b) until

4 30 days after the date on which the Secretary of Defense

5 submits to the congressional defense committees notice of

6 the Secretary’s plans to obligate funds for such program.

7 (b) PROGRAMS.—The programs referred to in sub8 section (a) are the following:

9 (1) The Extended-Range Interceptor (ERINT)

10 program.

11 (2) The Multi-Mode Missile.

12 (3) Sea-based lower tier systems.

13 (4) Sea-based upper tier systems.

14 SEC. 234. MILITARY SATELLITE COMMUNICATIONS.

15 (a) MILSTAR LIMITATION.—Of the amount author16 ized in section 201 for the MILSTAR satellite communica17 tions program, $50,000,000 may not be obligated until a

18 report setting forth the plan described in subsection (b)

19 has been received by the congressional defense committees.

20 (b) MILITARY COMMUNICATIONS MASTER PLAN.—

21 The Secretary of Defense shall develop a military commu22 nications master plan that addresses—

23 (1) the projected military communications re24 quirements of the Department of Defense;
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1 (2) alternate and innovative ways of meeting

2 those requirements (including greater reliance on the

3 commercial sector); and

4 (3) methods to ensure that those elements of

5 the Department of Defense that create the demand

6 for such communications services are required to

7 have an important role in paying for the provision

8 of those services.

9 SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MIS10 SILES.

11 (a) LIMITATION.—The Secretary of Defense may not

12 conduct a flight test program of theater missile defense

13 interceptors and sensors if an anticipated result of the

14 launch of a missile under that test program would be re15 lease of debris in a land area of the United States outside

16 a designated Department of Defense test range.

17 (b) DEFINITION OF DEBRIS.—For purposes of sub18 section (a), the term ‘‘debris’’ does not include particulate

19 matter that is regulated for considerations of air quality.

20 (c) CERTAIN TESTING UNAFFECTED.—Nothing in

21 this section shall be construed as prohibiting or limiting

22 testing of cruise missiles, unmanned aerial vehicles

23 (UAVs), or precision-guided munitions.
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1 SEC. 236. COMPLIANCE WITH THE ABM TREATY.

2 (a) LIMITATION.—Funds appropriated to the Depart3 ment of Defense for fiscal year 1995, or otherwise made

4 available to the Department of Defense from any funds

5 appropriated for fiscal year 1995 or for any fiscal year

6 before 1995, may not be obligated or expended—

7 (1) for any development or testing of anti-bal8 listic missile systems or components except for devel9 opment and testing consistent with the interpreta10 tion of the ABM Treaty set forth in the enclosure

11 to the July 13, 1993, ACDA letter; or

12 (2) for the acquisition of any material or equip13 ment (including long lead materials, components,

14 piece parts, or test equipment, or any modified space

15 launch vehicle) required or to be used for the devel16 opment or testing of anti-ballistic missile systems or

17 components, except for material or equipment re18 quired for development or testing consistent with the

19 interpretation of the ABM Treaty set forth in the

20 enclosure to the July 13, 1993, ACDA letter.

21 (b) DEFINITIONS.—In this section:

22 (1) The term ‘‘July 13, 1993, ACDA letter’’

23 means the letter dated July 13, 1993, from the Act24 ing Director of the Arms Control and Disarmament

25 Agency to the chairman of the Committee on For26 eign Relations of the Senate relating to the correct
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1 interpretation of the ABM Treaty and accompanied

2 by an enclosure setting forth such interpretation.

3 (2) The term ‘‘ABM Treaty’’ means the Treaty

4 between the United States of America and the

5 Union of Soviet Socialist Republics on the Limita6 tion of Anti-Ballistic Missiles, signed in Moscow on

7 May 26, 1972.

8 Subtitle D—Women’s Health

9 Research

10 SEC. 241. DEFENSE WOMEN’S HEALTH RESEARCH PRO11 GRAM.

12 (a) CONTINUATION OF THE PROGRAM.—The Sec13 retary of Defense shall continue the Defense Women’s

14 Health Research Program (hereinafter in this section re15 ferred to as the ‘‘Program’’) established in fiscal year

16 1994 pursuant to the authority in section 251 of the Na17 tional Defense Authorization Act for Fiscal Year 1994

18 (Public Law 103–160; 107 Stat. 1606). The Program

19 shall continue under an Army executive agency or agent

20 and shall serve as the coordinating agent for multidisci21 plinary and multi-institutional research within the Depart22 ment of Defense on women’s health issues related to serv23 ice in the Armed Forces. The Program also shall coordi24 nate with research supported by the Department of Health
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1 and Human Services and other agencies that is aimed at

2 improving the health of women.

3 (b) IMPLEMENTATION PLAN.—If the Secretary of

4 Defense intends to change the plan for the implementation

5 of the Program previously submitted to the Committees

6 on Armed Services of the Senate and House of Represent7 atives, the amended plan shall be submitted to such com8 mittees before implementation.

9 (c) PROGRAM ACTIVITIES.—The Program shall sup10 port health research into matters relating to the service

11 of women in the military, including the following matters:

12 (1) Epidemiologic research, including health

13 care needs of deployed women, patterns of illness

14 and injury, environmental and occupational hazards,

15 side-effects of pharmaceuticals and biologicals, and

16 psychological stress associated with military train17 ing, deployment, traumatic incidents, and other mili18 tary life conditions.

19 (2) Data base development designed to facili20 tate long-term research studies of women’s health is21 sues, and continued development and support of a

22 military women’s health information clearinghouse

23 to serve as an information resource for clinical, re24 search, and policy issues affecting women in the

25 Armed Forces.
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1 (3) Policies and standards issues, including re2 search supporting development of military standards

3 related to training, operations, deployment, and re4 tention and their relationship to factors affecting

5 women’s health.

6 (4) Research emphasizing interventions that

7 have a potential for affecting health issues associ8 ated with women’s military service.

9 (d) FUNDING.—Of the amount authorized to be ap10 propriated pursuant to section 201, $40,000,000 shall be

11 available for the Program.

12 TITLE III—OPERATION AND

13 MAINTENANCE

14 Subtitle A—Authorization of

15 Appropriations

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 1995 for the use of the Armed Forces and other

19 activities and agencies of the Department of Defense for

20 expenses, not otherwise provided for, for operation and

21 maintenance in amounts as follows:

22 (1) For the Army, $17,362,741,000.

23 (2) For the Navy, $20,110,196,000.

24 (3) For the Marine Corps, $1,997,095,000.

25 (4) For the Air Force, $18,733,458,000.
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1 (5) For Defense-wide activities,

2 $9,513,523,000.

3 (6) For the Army Reserve, $1,255,057,000.

4 (7) For the Naval Reserve, $827,819,000.

5 (8) For the Marine Corps Reserve,

6 $81,462,000.

7 (9) For the Air Force Reserve, $1,481,332,000.

8 (10) For the Army National Guard,

9 $2,448,615,000.

10 (11) For the Air National Guard,

11 $2,780,178,000.

12 (12) For the National Board for the Promotion

13 of Rifle Practice, $2,544,000.

14 (13) For the Defense Inspector General,

15 $147,172,000.

16 (14) For the Court of Military Appeals,

17 $6,152,000.

18 (15) For Environmental Restoration, Defense,

19 $2,180,200,000.

20 (16) For Drug Interdiction and Counter-drug

21 Activities, Defense-wide, $714,200,000.

22 (17) For Medical Programs, Defense,

23 $9,613,331,000.

24 (18) For the National Contingency Operation

25 Non-DBOF Costs Fund, $300,000,000.
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1 (19) For Department of Defense World War II

2 50th Anniversary Program, $500,000.

3 (20) For Project Peace, $15,000,000.

4 (21) For Former Soviet Union Threat Reduc5 tion, $400,000,000.

6 (22) For Overseas Humanitarian, Disaster, and

7 Civic Aid programs, $60,000,000.

8 SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1995 for the use of the Armed Forces and other

11 activities and agencies of the Department of Defense for

12 the Defense Business Operations Fund in the amount of

13 $1,212,038,000.

14 SEC. 303. ARMED FORCES RETIREMENT HOME.

15 There is hereby authorized to be appropriated for fis16 cal year 1995 from the Armed Forces Retirement Home

17 Trust Fund the sum of $59,317,000 for the operation of

18 the Armed Forces Retirement Home, including the United

19 States Soldiers’ and Airmen’s Home and the Naval Home.

20 SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND

21 REPAIR WORK.

22 (a) INCREASED FUNDING FOR DEPARTMENT OF DE23 FENSE DEPOT-LEVEL ACTIVITIES.—Of amounts author24 ized to be appropriated for fiscal year 1995 under section

25 301, the amount that shall be available for the perform-
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1 ance of depot-level maintenance and repair work by depot2 level activities of the Department of Defense is the amount

3 equal to the sum of—

4 (1) the total amount requested in the Presi5 dent’s budget for that fiscal year for the Depart6 ment of Defense for the performance of depot-level

7 maintenance and repair work; and

8 (2) $600,000,000, of which—

9 (A) $300,000,000 shall be available for the

10 Army;

11 (B) $100,000,000 shall be available for the

12 Navy;

13 (C) $150,000,000 shall be available for the

14 Air Force; and

15 (D) $50,000,000 shall be available for the

16 Marine Corps.

17 (b) DECREASED FUNDING FOR CONTRACTORS.—Of

18 amounts appropriated for fiscal year 1995 pursuant to

19 section 301, the amount that shall be available for the per20 formance of depot-level maintenance and repair work by

21 non-Federal Government personnel is not more than the

22 amount equal to 40 percent of the total amount requested

23 in the President’s budget for that fiscal year for the De24 partment of Defense for the performance of depot-level

25 maintenance and repair work.
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1 SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.

2 (a) AUTHORITY TO PROVIDE SUPPORT.—The Sec3 retary of Defense may provide logistical support and per4 sonnel services in connection with the 1996 games of the

5 XXVI Olympiad to be held in Atlanta, Georgia.

6 (b) PAY AND NONTRAVEL-RELATED ALLOW7 ANCES.—(1) Except as provided in paragraph (2), the

8 costs for pay and nontravel-related allowances of members

9 of the Armed Forces for the support and services referred

10 to in subsection (a) may not be charged to appropriations

11 made pursuant to the authorization of appropriations in

12 subsection (c).

13 (2) Paragraph (1) does not apply in the case of mem14 bers of a reserve component called or ordered to active

15 duty to provide logistical support and personnel services

16 for the games of the XXVI Olympiad.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated $4,000,000 for the Depart19 ment of Defense for fiscal year 1995 to carry out sub20 section (a).

21 SEC. 306. FUNDS FOR CLEARING LANDMINES.

22 Of the funds authorized to be appropriated in section

23 301, not more than $25,000,000 shall be available for ac24 tivities to support the clearing of landmines for humani25 tarian purposes, as determined by the Secretary of De26 fense.
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1 SEC. 307. SUPPORT FOR THE 1995 SPECIAL OLYMPICS

2 WORLD GAMES.

3 (a) AUTHORITY TO PROVIDE SUPPORT.—The Sec4 retary of Defense may provide logistical support and per5 sonnel services in connection with the 1995 Special Olym6 pics World Games to be held in the State of Connecticut.

7 (b) PAY AND NONTRAVEL-RELATED ALLOW8 ANCES.—(1) Except as provided in paragraph (2), the

9 costs for pay and nontravel-related allowances of mem10 bers of the Armed Forces for the support and services re11 ferred to in subsection (a) may not be charged to appro12 priations made pursuant to the authorization in sub13 section (c).

14 (2) Paragraph (1) does not apply in the case of

15 members of a reserve component called or ordered to ac16 tive duty to provide logistical support and personnel serv17 ices for the 1995 Special Olympics World Games.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated for the Department of De20 fense for fiscal year 1995 the sum of $2,000,000 to carry

21 out subsection (a).
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1 Subtitle B—Limitations

2 SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF

3 CERTAIN OPERATION AND MAINTENANCE

4 FUNDS.

5 (a) LIMITATION ON TRANSFER.—Section 116 of title

6 10, United States Code, is amended—

7 (1) by redesignating subsection (b) as sub8 section (d); and

9 (2) by inserting after subsection (a) the follow10 ing:

11 ‘‘(b) REPORTS ON TRANSFERS OF CERTAIN

12 FUNDS.—(1) Each report required by subsection (a) shall

13 include a report on the following:

14 ‘‘(A) Each transfer of amounts provided in an

15 appropriation Act to the Department of Defense for

16 the activities referred to in paragraph (3) between

17 appropriations during the preceding fiscal year, in18 cluding the reason for the transfer.

19 ‘‘(B) Each transfer of amounts provided in an

20 appropriation Act to the Department of Defense for

21 an activity referred to in paragraph (3) within that

22 appropriation for any other such activity during the

23 preceding fiscal year, including the reason for the

24 transfer.
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1 ‘‘(2) On May 1 of each year, the Secretary of Defense

2 shall submit to the Congress a report on the following:

3 ‘‘(A) Each transfer during the first six months

4 of the fiscal year in which the report is submitted

5 of amounts provided in an appropriation Act to the

6 Department of Defense for the activities referred to

7 in paragraph (3) between appropriations, including

8 the reason for the transfer.

9 ‘‘(B) Each transfer during the first six months

10 of the fiscal year in which the report is submitted

11 of amounts provided in an appropriation Act to the

12 Department of Defense for an activity referred to in

13 paragraph (3) within that appropriation for any

14 other such activity, including the reason for the

15 transfer.

16 ‘‘(3) The activities referred to in paragraphs (1) and

17 (2) are the following:

18 ‘‘(A) Activities for which amounts are appro19 priated for the Army for operations and mainte20 nance for operating forces for (i) combat units, (ii)

21 tactical support, and (iii) force-related training/spe22 cial activities.

23 ‘‘(B) Activities for which amounts are appro24 priated for the Navy for operations and maintenance

25 for operating forces for (i) mission and other flight
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1 operations, (ii) mission and other ship operations,

2 (iii) fleet air training, and (iv) ship operational sup3 port and training.

4 ‘‘(C) Activities for which amounts are appro5 priated for the Air Force for operations and mainte6 nance for operating forces for (i) primary combat

7 forces, (ii) primary combat weapons, (iii) global and

8 early warning, and (iv) air operations training.

9 ‘‘(c) LIMITATION.—The Secretary of Defense may

10 not transfer an amount that exceeds $20,000,000 of

11 amounts provided in an appropriation Act to the Depart12 ment of Defense for the activities referred to in subsection

13 (b)(3) between appropriations or within that appropriation

14 for any other such activity until—

15 ‘‘(1) the Congress is notified of the transfer;

16 and

17 ‘‘(2) a period of 30 days elapses after such noti18 fication is received.’’.

19 (b) CLERICAL AMENDMENTS.—(1) The heading of

20 such section is amended to read as follows:

21 ‘‘§ 116. Operations and maintenance activities: con22 gressional oversight’’.

23 (2) The item relating to such section in the table of

24 sections at the beginning of chapter 2 of such title is

25 amended to read as follows:

‘‘116. Operations and maintenance activities: congressional oversight.’’.
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1 (c) CONFORMING REPEAL.—Section 377 of the Na2 tional Defense Authorization Act for Fiscal Year 1994

3 (Public Law 103–160; 107 Stat. 1638) is repealed.

4 SEC. 312. LIMITATION ON RETENTION OF MORALE, WEL5 FARE, AND RECREATION FUNDS BY MILITARY

6 INSTALLATIONS.

7 (a) LIMITATION.—Chapter 131 of title 10, United

8 States Code, is amended by adding at the end the follow9 ing new section:

10 ‘‘§ 2219. Retention of morale, welfare, and recreation

11 funds by military installations: limitation

12 ‘‘Amounts may not be retained in a nonappropriated

13 morale, welfare, and recreation account of a military in14 stallation of a military department in excess of the amount

15 necessary to meet working capital requirements of that in16 stallation. Amounts in excess of that amount shall be

17 transferred to a single, department-wide nonappropriated

18 morale, welfare, and recreation account of the military de19 partment.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of such chapter is amended by adding

22 at the end the following new item:

‘‘2219. Retention of morale, welfare, and recreation funds by military installations: limitation.’’.
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1 SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS

2 FOR OPERATION OF ARMED FORCES RECRE3 ATION CENTER, EUROPE.

4 No funds appropriated to the Department of Defense

5 for any fiscal year may be used to operate the Armed

6 Forces Recreation Center, Europe, except that such funds

7 may be used for the payment of utilities, emergency re8 pairs, and transportation of United States products for

9 the Center.

10 SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR

11 PROCUREMENT OF SUBSISTENCE ITEMS.

12 (a) IN GENERAL.—Chapter 137 of title 10, United

13 States Code, is amended by adding at the end the follow14 ing new section:

15 ‘‘§ 2332. Subsistence items: limitation on use of speci16 fications and restrictions in procurement

17 of

18 ‘‘(a) LIMITATION.—Except as provided in subsection

19 (b), the Secretary of Defense may not use specifications

20 or restrictions in the procurement of subsistence items for

21 use at military installations.

22 ‘‘(b) EXCEPTION.—The Secretary of Defense may

23 use specifications and restrictions in the procurement of

24 field rations and shipboard rations (including tray packs

25 and meals ready-to-eat), except that any such specifica26 tions and restrictions shall be developed consistent with
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1 the preference of the Department of Defense for commer2 cial items.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by adding

5 at the end the following new item:

‘‘2332. Subsistence items: limitation on use of specifications and restrictions in

procurement of.’’.

6 Subtitle C—Depot-Level Activities

7 SEC. 321. FINDINGS.

8 The Congress finds the following:

9 (1) By providing the Armed Forces with a criti10 cal capacity to respond to the needs of the Armed

11 Forces for depot-level maintenance and repair of

12 weapon systems and equipment, the depot-level

13 maintenance and repair activities of the Department

14 of Defense play an essential role in maintaining the

15 readiness of the Armed Forces.

16 (2) The consolidation of entities within the de17 fense industry has jeopardized the capability of the

18 defense industry to perform maintenance and repair

19 of weapon systems and equipment.

20 (3) The defense industry maintains not less

21 than 60 percent of the total capability to perform

22 maintenance and repair of weapon systems and

23 equipment.
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1 (4) The capability of the depot-level mainte2 nance and repair activities of the Department of De3 fense to perform maintenance and repair of weapon

4 systems and equipment should not be determined by

5 policies established by the defense industry.

6 (5) Reductions in the number of civilian em7 ployees of the depot-level maintenance and repair ac8 tivities of the Department of Defense may account

9 for approximately 80 percent of all reductions in the

10 coming years in the number of civilian employees of

11 the Department.

12 (6) An increase from one fiscal year to the next

13 in the amount of funds available for the mainte14 nance and repair of weapon systems and equipment

15 does not necessarily result in a corresponding in16 crease in the performance of such maintenance and

17 repair.

18 SEC. 322. MODIFICATION OF LIMITATION ON PERFORM19 ANCE OF DEPOT-LEVEL MAINTENANCE.

20 (a) MODIFICATION.—Subsection (a) of section 2466

21 of title 10, United States Code, is amended to read as

22 follows:

23 ‘‘(a) PERCENTAGE LIMITATION.—Not more than 40

24 percent of the funds made available in a fiscal year to a

25 military department or a Defense Agency for depot-level
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1 maintenance and repair workload may be used to contract

2 for the performance by non-Federal Government personnel

3 of such workload for the military department or the De4 fense Agency. Any such funds that are not used for such

5 a contract shall be used for the performance of depot-level

6 maintenance and repair workload by employees of the De7 partment of Defense.’’.

8 (b) INCLUSION OF REPAIR ACTIVITIES.—Subsection

9 (b) of such section is amended by inserting ‘‘and repair’’

10 after ‘‘maintenance’’ each place it appears.

11 (c) COMPUTATION OF PERCENTAGE.—Such section is

12 further amended—

13 (1) by redesignating subsections (d) and (e) as

14 subsections (e) and (f), respectively; and

15 (2) by inserting after subsection (c) the follow16 ing new subsection (d):

17 ‘‘(d) COMPUTATION OF PERCENTAGE.—In computing

18 for purposes of subsection (a) the percentage of funds re19 ferred to in that subsection that are used to contract for

20 the performance of depot-level maintenance and repair

21 workload, the Secretary of the military department, or in

22 the case of a Defense Agency, the Secretary of Defense

23 shall include in the computation any funds provided for

24 the performance by such personnel of the following:

25 ‘‘(1) Interim contractor support.
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1 ‘‘(2) Contract logistic support.

2 ‘‘(3) Maintenance and repair workload above

3 the unit level.

4 ‘‘(4) The provision of materials and parts.’’.

5 (d) REPORT.—Subsection (f) of such section, as re6 designated by subsection (c)(1), is amended to read as fol7 lows:

8 ‘‘(f) REPORT.—Not later than January 15, 1995, the

9 Secretary of Defense shall submit to the Congress a report

10 describing the progress during the preceding fiscal year

11 by each military department and Defense Agency to

12 achieve and maintain the percentage of depot-level mainte13 nance and repair required to be performed by employees

14 of the Department of Defense pursuant to subsection

15 (a).’’.

16 SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT17 LEVEL MAINTENANCE OF MATERIEL FOR

18 NEW WEAPON SYSTEMS.

19 (a) LIMITATION.—Subsection (a) of section 2466 of

20 title 10, United States Code, as amended by section 322

21 of this Act, is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘Not more than

23 40 percent’’; and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(2) The Secretary concerned shall, within 5 years

2 after the initial delivery of a weapon system by a contrac3 tor to the Department of Defense, provide for the perform4 ance by employees of the Department of Defense of not

5 less than 60 percent of the depot-level maintenance of the

6 weapon system.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 this section shall apply only with respect to a weapon sys9 tem initially delivered after the date of the enactment of

10 this Act.

11 SEC. 324. AUDITS TO MONITOR COST GROWTH OF CON12 TRACTS TO PERFORM DEPOT-LEVEL MAINTE13 NANCE AND REPAIR.

14 (a) REQUIREMENT.—Chapter 146 of title 10, United

15 States Code, is amended by adding at the end the follow16 ing new section:

17 ‘‘§ 2470. Audits of cost growth in contracts to perform

18 depot-level maintenance and repair

19 ‘‘The Secretary of Defense shall audit contracts en20 tered into by the Department of Defense for the perform21 ance of depot-level maintenance and repair to monitor the

22 costs incurred by the contractor to perform the contract.

23 An audit of a contract under this section shall be per24 formed at least once during the period in which the con25 tract is performed and shall take account of any costs in-
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1 curred by the contract in excess of the amount proposed

2 by the contractor to perform the contract or in excess of

3 costs incurred by the contractor during the previous

4 year.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by adding

7 at the end the following new item:

‘‘2470. Audits of cost growth in contracts to perform depot-level maintenance

and repair.’’.

8 SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPART9 MENT OF DEFENSE DEPOTS IN CERTAIN

10 COST COMPARISONS.

11 Section 2467 of title 10, United States Code, is

12 amended—

13 (1) by redesignating subsection (b) as sub14 section (c); and

15 (2) by inserting after subsection (a) the follow16 ing:

17 ‘‘(b) REQUIREMENT TO CONSIDER COSTS OF CLOS18 ING DEPOTS.—In any comparison conducted by the De19 partment of Defense of the cost of performing depot-level

20 maintenance and repair work by non-Federal Government

21 personnel and the cost of performing such work by em22 ployees of the Department of Defense, the Secretary of

23 Defense shall, to the maximum extent practicable, con24 sider the estimated cost (including the cost to perform any
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1 necessary environmental restoration of the facility) that

2 would be incurred if the Department of Defense were re3 quired to close a Department of Defense defense depot4 level facility as a result of awarding the contract to non5 Federal Government personnel to perform such work.’’.

6 SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF

7 THE DEPARTMENT OF DEFENSE TO COMPETE

8 FOR MAINTENANCE AND REPAIR WORK9 LOADS OF OTHER FEDERAL AGENCIES.

10 (a) IN GENERAL.—Chapter 146 of title 10, United

11 States Code, as amended by section 324 of this Act, is

12 further amended by adding at the end the following new

13 section:

14 ‘‘§ 2471. Depot-level activities of the Department of

15 Defense: authority to compete for mainte16 nance and repair workloads of other Fed17 eral agencies

18 ‘‘A depot-level activity of the Department of Defense

19 shall be eligible to compete for the performance of any

20 depot-level maintenance and repair workload of a Federal

21 agency for which competitive procedures are used to select

22 the entity to perform the workload.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of such chapter is amended by adding

25 at the end the following new item:
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‘‘2471. Depot-level activities of the Department of Defense: authority to compete

for maintenance and repair workloads of other Federal agencies.’’.

1 SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES

2 OUTSIDE OF THE DEPARTMENT OF DEFENSE.

3 (a) IN GENERAL.—Chapter 146 of title 10, United

4 States Code, as amended by section 326 of this Act, is

5 further amended by adding at the end the following new

6 section:

7 ‘‘§ 2472. Persons outside the Department of Defense:

8 lease of excess depot-level equipment and

9 facilities by

10 ‘‘(a) AUTHORITY TO LEASE EXCESS EQUIPMENT

11 AND FACILITIES.—Subject to subsection (b), the Sec12 retary of a military department and, with respect to a De13 fense Agency, the Secretary of Defense, may lease excess

14 equipment and facilities of a depot-level activity of the

15 military department, or the Defense Agency, to a person

16 outside the Department of Defense for the performance

17 of depot-level maintenance and repair work by such per18 son.

19 ‘‘(b) LIMITATIONS.—A lease under subsection (a)

20 may be entered into only if—

21 ‘‘(1) the lease of any such equipment or facili22 ties will not have a significant adverse effect on the

23 readiness of the armed forces, as determined by the

24 Secretary concerned;
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1 ‘‘(2) the person leasing such equipment or fa2 cilities agrees to reimburse the Department of De3 fense for the costs (both direct and indirect costs,

4 including any rental costs, as determined the Sec5 retary concerned) attributable to the lease of such

6 equipment or facilities;

7 ‘‘(3) the person leasing such equipment or fa8 cilities agrees to hold harmless and indemnify the

9 United States, except in cases of willful conduct or

10 extreme negligence, from any claim for damages or

11 injury to any person or property arising out the

12 lease of such equipment or facilities; and

13 ‘‘(4) the person leasing such equipment or fa14 cilities agrees to hold harmless and indemnify the

15 United States from any liability or claim for dam16 ages or injury to any person or property arising out

17 of a decision by the Secretary concerned to suspend

18 or terminate the lease in times of war or national

19 emergency.

20 ‘‘(c) CREDIT TO GENERAL FUND.—Any reimburse21 ment received under this section shall be credited to the

22 General Fund of the Treasury.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of such chapter is amended by adding

25 at the end the following new item:
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‘‘2472. Persons outside the Department of Defense: lease of excess depot-level

equipment and facilities by.’’.

1 SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FA2 CILITIES, ACTIVITIES, AND EMPLOYEES OF

3 THE DEPARTMENT OF DEFENSE.

4 The Secretary of Defense shall maintain sufficient

5 depot-level activities and facilities of the Department of

6 Defense and a sufficient number of employees of the De7 partment that are assigned to the performance of depot8 level maintenance and repair to carry out this subtitle and

9 the amendments made by this subtitle. The Secretary of

10 Defense should seek to ensure that the military depart11 ments maintain depot-level maintenance and repair capa12 bilities necessary to ensure their critical readiness require13 ments.

14 SEC. 329. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL

15 ACTIVITIES.

16 (a) PILOT PROGRAM AUTHORIZED.—During fiscal

17 year 1995, the Secretary of Defense shall carry out a pilot

18 program to encourage commercial firms to enter into part19 nerships with depot-level activities of the military depart20 ments for the purpose of—

21 (1) demonstrating commercial uses of such

22 depot-level activities that are related to the principal

23 mission of such depot-level activities;
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1 (2) preserving employment and skills of employ2 ees currently employed by such depot-level activities

3 or providing for the reemployment and retraining of

4 employees who, as the result of the closure, realign5 ment, or reduced in-house workload of such activi6 ties, may become unemployed; and

7 (3) supporting the goals of other defense con8 version, reinvestment, and transition assistance pro9 grams while also allowing such depot-level activities

10 to remain in operation to continue to perform their

11 defense readiness mission.

12 (b) PARTICIPANTS IN PILOT PROGRAM.—The Sec13 retary shall designate not less than six depot-level activi14 ties of the military departments to participate in the pilot

15 program under this section. Of these depot-level activities,

16 at least two shall be depot-level activities of the Depart17 ment of the Army, at least two shall be depot-level activi18 ties of the Department of the Navy, and at least two shall

19 be depot-level activities of Department of the Air Force.

20 (c) CONDITIONS ON PILOT PROGRAM.—In carrying

21 out the pilot program under this section, the Secretary

22 shall ensure that the program—

23 (1) does not interfere with the closure or re24 alignment of a depot-level activity of the military de25 partments under a base closure law; and
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1 (2) does not adversely affect the readiness or

2 primary mission of a participating depot-level activ3 ity.

4 (d) FUNDING FOR FISCAL YEAR 1995.—Of the

5 amounts authorized to be appropriated under section 301,

6 $100,000,000 shall be available only to carry out the pilot

7 program under this section.

8 Subtitle D—Defense Business

9 Operations Fund

10 SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS

11 FUND.

12 (a) EXTENSION OF AUTHORITY.—Section 316(a) of

13 the National Defense Authorization Act for Fiscal Years

14 1992 and 1993 (10 U.S.C. 2208 note) is amended by

15 striking out ‘‘During the period’’ and all that follows

16 through ‘‘December 31, 1994, the’’ and inserting in lieu

17 thereof ‘‘The’’.

18 (b) LIMITATION ON TRANSFERS.—Except as other19 wise provided in this Act, the Secretary of Defense may

20 not transfer amounts to or from the Defense Business Op21 erations Fund from or to any other account or source until

22 after the expiration of 30 days from the date on which

23 the Secretary transmits to the Congress a notification of

24 the Secretary’s intent to make the transfer.
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1 (c) PROHIBITION ON ADVANCE CHARGES.—(1) After

2 September 30, 1995, the Secretary of Defense may not

3 charge for goods and services provided through the De4 fense Business Operations Fund in advance of the provi5 sion of such goods and services.

6 (2) The payment of amounts to the Defense Business

7 Operations Fund from another fund or activity of the De8 partment of the Defense may be made only for goods or

9 services actually provided by the Defense Business Oper10 ations Fund.

11 (d) PURCHASE FROM OTHER SOURCES.—The Sec12 retary of Defense or the Secretary of a military depart13 ment may purchase goods and services that are available

14 for purchase from the Defense Business Operations Fund

15 from a source other than the Defense Business Operations

16 Fund if the Secretary determines that such source offers

17 a more competitive rate for the goods and services than

18 the Defense Business Operations Fund offers.

19 (e) ANNUAL REPORTS AND BUDGET.—(1) The Sec20 retary of Defense shall annually submit to the Congress,

21 at the same time that the President submits the budget

22 under section 1105 of title 31, United States Code, the

23 following:

24 (A) A detailed report that contains a statement

25 of all receipts and disbursements of the Defense
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1 Business Operations Fund (including such a state2 ment for each subaccount of the Fund) for the year

3 for which the report is submitted.

4 (B) A detailed proposed budget for the oper5 ation of the Defense Business Operations Fund for

6 the fiscal year for which the budget is submitted.

7 (2) Not later than September 30 each year, the Sec8 retary of Defense shall submit to the Congress a report

9 that contains a comparison of the amounts actually ex10 pended for the operation of the Defense Business Oper11 ations Fund for the fiscal year ending on that September

12 30 with the amount proposed for the operation of the De13 fense Business Operations Fund for that fiscal year in the

14 President’s budget.

15 (f) LIMITATION ON INCLUSION OF CERTAIN COSTS

16 IN DBOF CHARGES.—A charge for a good or service pro17 vided through the Defense Business Operations Fund may

18 not include amounts necessary to recover losses incurred

19 by the Defense Business Operations Fund that are unre20 lated to the good or service or amounts to cover costs in21 curred in connection with the closure or realignment of

22 a military installation.

23 (g) LIMITATION ON ACCUMULATION OF FUNDS.—(1)

24 The Secretary of Defense shall establish billing procedures

25 to ensure that the balance in the Defense Business Oper-
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1 ations Fund does not exceed $300,000,000 more than

2 amount necessary to provide for the working capital re3 quirements of the Defense Business Operations Fund, as

4 determined by the Secretary.

5 (2) The Secretary may waive the limitation described

6 in this subsection if the Secretary determines that such

7 waiver is critical to the national security of the United

8 States. The Secretary shall immediately notify the Con9 gress of any such waiver and the reasons for the waiver.

10 SEC. 342. REVIEW BY COMPTROLLER GENERAL OF

11 CHARGES IMPOSED BY DEFENSE BUSINESS

12 OPERATIONS FUND.

13 (a) REVIEW.—The Comptroller General of the United

14 States shall review the charges for goods and services pro15 vided by the Defense Business Operations Fund, including

16 a review of—

17 (1) charges for goods and services provided by

18 the Defense Business Operations Fund, including a

19 comparison of charges imposed for the provision of

20 goods and services to the military departments and

21 Defense Agencies with charges imposed for the pro22 vision of goods and services to persons outside the

23 Department of Defense;
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1 (2) charges imposed by the Defense Business

2 Operations Fund for overhead costs and service

3 charges; and

4 (3) the extent to which charges imposed by the

5 Defense Business Operations Fund provide an ad6 vantage or disadvantage for the military depart7 ments and Defense Agencies or for persons outside

8 the Department of Defense for whom such goods

9 and services are provided.

10 (b) REPORT.—Not later than April 15, 1995, the

11 Comptroller General of the United States shall submit to

12 the Congress a report on the results of the review con13 ducted under subsection (a) and the recommendations of

14 the Comptroller General for any legislative and adminis15 trative action the Comptroller General considers to be ap16 propriate.

17 Subtitle E—Department of Defense

18 Domestic and Overseas Schools

19 SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DE20 FENSE DOMESTIC ELEMENTARY AND SEC21 ONDARY SCHOOLS FOR MILITARY DEPEND22 ENTS.

23 (a) CONTINUED AUTHORITY TO PROVIDE FOR EDU24 CATION OF MILITARY DEPENDENTS WHEN LOCAL AGEN25 CIES ARE UNABLE TO.—Chapter 108 of title 10, United
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1 States Code, is amended by adding at the end the follow2 ing new section:

3 ‘‘§ 2164. Department of Defense domestic dependent

4 elementary and secondary schools

5 ‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary

6 of Defense makes a determination that appropriate edu7 cational programs are not available through a local edu8 cational agency for dependents of members of the armed

9 forces residing on or near a military installation in the

10 United States (including territories, commonwealths, and

11 possessions of the United States), the Secretary may pro12 vide for the elementary or secondary education of such de13 pendents.

14 ‘‘(b) FACTORS TO BE CONSIDERED.—Factors to be

15 considered by the Secretary of Defense in making a deter16 mination under subsection (a) shall include the following:

17 ‘‘(1) The extent to which such dependents are

18 eligible for free public education in the local area ad19 jacent to the military installation.

20 ‘‘(2) The extent to which the local educational

21 agency is able to provide an appropriate educational

22 program for such dependents. For purposes of this

23 section, an appropriate educational program, as de24 termined by the Secretary, is a program comparable
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1 to a program of free public education provided for

2 children—

3 ‘‘(A) in similar communities in the State,

4 in the case of a military installation located in

5 a State;

6 ‘‘(B) in similar communities in adjacent

7 States, in the case of a military installation ad8 jacent to or located in more than one State; and

9 ‘‘(C) in the District of Columbia, in the

10 case of a military installation located in a terri11 tory, commonwealth, or possession, except that

12 an appropriate educational program under this

13 subparagraph is also a program of education

14 conducted in the English language.

15 ‘‘(c) EDUCATION FOR DEPENDENTS OF FEDERAL

16 EMPLOYEES.—(1) An individual who is a dependent of a

17 Federal employee residing at any such military installation

18 at any time during the school year may enroll in an edu19 cational program provided by the Secretary of Defense

20 pursuant to subsection (a).

21 ‘‘(2)(A) Except as provided in subparagraph (B), an

22 individual who is a dependent of a Federal employee, who

23 is enrolled in an educational program provided by the Sec24 retary pursuant to subsection (a), and who is not living
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1 on the military installation may be enrolled in the program

2 for not more than five consecutive school years.

3 ‘‘(B) An individual referred to in subparagraph (A)

4 may be enrolled in the program for more than five con5 secutive school years if the Secretary determines, after

6 consideration of the individual’s educational well-being,

7 that good cause exists to extend the enrollment for more

8 than the five-year period described in such subparagraph.

9 Any such extension may be made for only one school year

10 at a time.

11 ‘‘(C) For purposes of this paragraph, the five-year

12 period described in subparagraph (A) begins on the date

13 the individual enrolls in the program pursuant to this sec14 tion or pursuant to any provision of law enacted before

15 the date of the enactment of this section that provided

16 eligibility to the individual for enrollment in a similar pro17 gram.

18 ‘‘(3) An individual enrolled in a program under this

19 subsection may participate in the program for the remain20 der of the school year notwithstanding a change in status

21 of the Federal employee with respect to whom the individ22 ual is a dependent, except that any such individual may

23 be removed from enrollment in the program at any time

24 for good cause, as determined by the Secretary.
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1 ‘‘(d) ESTABLISHMENT OF SCHOOL BOARDS.—(1)

2 The Secretary of Defense shall provide for the establish3 ment of a school board for each Department of Defense

4 elementary or secondary school established for a military

5 installation under this section.

6 ‘‘(2) Each school board established for a school under

7 paragraph (1) shall be elected by the parents of individ8 uals attending the school. Meetings conducted by the

9 school board shall be open to the public.

10 ‘‘(3)(A) A school board elected for a school under this

11 subsection may develop fiscal, personnel, and educational

12 policies and procedures for the school, including fiscal,

13 personnel, and educational program management, except

14 that the Secretary may issue any directive to the school

15 board and school administrative officials the Secretary

16 considers necessary for the effective operation of the

17 school or the entire school system.

18 ‘‘(B) Any directive referred to in subparagraph (A)

19 shall, to the maximum extent practicable, be issued only

20 after consultation with appropriate school boards elected

21 under this subsection. The Secretary shall establish a

22 process by which a school board or school administrative

23 officials may formally appeal such directives directly to the

24 Secretary. Consideration of such appeals may not be dele25 gated below the Secretary of Defense.
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1 ‘‘(e) STAFF.—(1) The Secretary of Defense, in co2 ordination with the school board established for a school

3 under subsection (d), may enter into such arrangements

4 as may be necessary to provide educational programs

5 under this section.

6 ‘‘(2) The Secretary may, without regard to the provi7 sions of any other law relating to the number, classifica8 tion, or compensation of employees—

9 ‘‘(A) establish such positions for civilian em10 ployees in schools established under this section;

11 ‘‘(B) appoint individuals to such positions; and

12 ‘‘(C) fix the compensation of such individuals

13 for service in such positions.

14 ‘‘(3)(A) Except as provided in subparagraph (B), in

15 fixing the compensation of employees appointed under

16 paragraph (2), the Secretary, in coordination with the

17 school board established for a school under subsection (d),

18 shall consider—

19 ‘‘(i) the compensation of comparable employees

20 of the local educational agency in the capital of the

21 State where the military installation is located;

22 ‘‘(ii) the compensation of comparable employees

23 in the local educational agency that provides public

24 education to students who live adjacent to the mili25 tary installation; or
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1 ‘‘(iii) the average compensation for similar posi2 tions in not more than three other local educational

3 agencies, as determined by the Secretary and the ap4 propriate local school boards in the State in which

5 the military installation is located.

6 ‘‘(B) In fixing the compensation of employees in

7 schools established in the territories, commonwealths, and

8 possessions under this section or any other provision of

9 law enacted before the date of the enactment of this sec10 tion that provided for similar schools, the Secretary shall

11 determine the level of compensation required to attract

12 qualified employees. For employees in such schools, the

13 Secretary, in coordination with the local school boards and

14 without regard to the provisions of title 5, may arrange

15 for the tenure, leave, hours of work, and other incidents

16 of employment on a similar basis as is provided for com17 parable positions in the public schools of the District of

18 Columbia.

19 ‘‘(f) REIMBURSEMENT.—When the Secretary of De20 fense provides educational services under this section to

21 an individual who is a dependent of an employee of an22 other Federal agency, the head of the other Federal agen23 cy shall, upon request of the Secretary of Defense, reim24 burse the Secretary of Defense for those services at rates

25 routinely prescribed by the Secretary of Defense for those
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1 services. Any payments received by the Secretary of De2 fense under this section shall be credited to the account

3 designated by the Secretary for the operation of edu4 cational programs under this section.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by adding

7 at the end the following new item:

‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

8 (c) SAVINGS PROVISION.—Nothing in section 2164 of

9 title 10, United States Code, as added by subsection (a),

10 shall be construed as affecting the rights in existence on

11 the date of the enactment of this Act of an employee of

12 any school established under such section (or any other

13 provision of law enacted before the date of the enactment

14 of this Act that established a similar school) to negotiate

15 or bargain collectively with the Secretary with respect to

16 wages, hours, and other terms and conditions of employ17 ment.

18 SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANS19 FER OF DEPARTMENT OF DEFENSE DOMES20 TIC DEPENDENT ELEMENTARY AND SECOND21 ARY SCHOOLS TO APPROPRIATE LOCAL EDU22 CATIONAL AGENCIES.

23 (a) SURVEY.—(1) The Secretary of Defense shall

24 conduct a survey of each Department of Defense domestic
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1 dependent elementary and secondary school operated by

2 the Department of Defense to determine the feasibility of,

3 and actions necessary to be taken to provide for, the trans4 fer of that school to the appropriate local educational

5 agency.

6 (2) The Secretary of Defense shall coordinate the

7 conduct of the survey of each such school with representa8 tives of the local educational agency referred to in para9 graph (1) and of parent organizations representing par10 ents of students enrolled in the school.

11 (3) Issues addressed by the survey shall include—

12 (A) the opinions and attitudes of such parents

13 with respect to the appropriate entity to operate the

14 school;

15 (B) the position of the local educational agency

16 and the appropriate education officials of the State

17 in which the school is located regarding the extent

18 to which the transfer of the school to the local edu19 cational agency is feasible and desirable, including

20 the financial and legal justifications for that posi21 tion; and

22 (C) the requirements, as specified by the local

23 educational agency and the appropriate education of24 ficials of the State in which the school is located, for

25 financial support, military construction, and any
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1 other support provided by the Department of De2 fense in order to complete the transfer of the school

3 to the local educational agency.

4 (4) Not later than June 30, 1995, the Secretary of

5 Defense shall submit to the Committees on Armed Serv6 ices of the Senate and the House of Representatives a re7 port on the results of the survey. The report shall include

8 the recommendations of the Secretary with respect to the

9 transfer of each such school.

10 (b) PILOT PROGRAM.—(1) The Secretary of Defense

11 shall conduct a pilot program to assess the potential for

12 the transfer of Department of Defense domestic dependent

13 elementary and secondary schools to appropriate local edu14 cational agencies.

15 (2) The Secretary of Defense shall select two schools

16 for participation in the pilot program based on the results

17 of the survey conducted by the Secretary under subsection

18 (a). The Secretary shall provide for the transfer of each

19 such school to the appropriate local educational agency not

20 later than the date on which the 1995 school year begins

21 for that school.

22 (3) Not later than March 31, 1996, the Secretary of

23 Defense shall submit to the Committees on Armed Serv24 ices of the Senate and House of Representatives a report

25 on the results of the pilot program. The report shall in-
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1 clude the recommendation of the Secretary with respect

2 to the extent to which other Department of Defense do3 mestic dependent elementary and secondary schools

4 should be transferred to appropriate local educational

5 agencies.

6 (c) LIMITATION.—A Department of Defense domestic

7 dependent elementary or secondary school may not be

8 transferred to a local educational agency under this sec9 tion except on terms that are agreeable to the local edu10 cational agency.

11 SEC. 353. REPORT ON CALCULATION AND RECOVERY OF

12 TUITION COSTS OF CERTAIN STUDENTS EN13 ROLLED IN SCHOOLS OF THE DEFENSE DE14 PENDENTS’ EDUCATION SYSTEM.

15 (a) REPORT.—Not later than March 31, 1995, the

16 Secretary of Defense shall submit to the Committees on

17 Armed Services of the Senate and House of Representa18 tives and the Committee on Education and Labor of the

19 House of Representatives a report on the calculation and

20 application of the tuition rate required to be determined

21 under section 1404(b) of the Defense Dependents’ Edu22 cation Act of 1978 (20 U.S.C. 923(b)).

23 (b) CONTENTS OF REPORT.—The report required by

24 subsection (a) shall contain the following:

25 (1) A description of—
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1 (A) the costs included in the tuition rate;

2 (B) the method by which the tuition rate

3 is determined; and

4 (C) the method by which any increase in

5 the tuition rate is determined.

6 (2) An analysis of—

7 (A) the variation in the cost of providing

8 educational services in the defense dependents’

9 education system in different geographic loca10 tions; and

11 (B) the extent to which the imposition of

12 a uniform tuition rate enables the system to re13 ceive adequate funds to defray the cost of pro14 viding educational services to tuition-paying

15 students.

16 (3) Recommendations of the Secretary with re17 spect to improvements that may be made in the de18 termination and application of the tuition rate.

19 SEC. 354. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT

20 OF DEFENSE DOMESTIC ELEMENTARY AND

21 SECONDARY SCHOOLS.

22 (a) AUTHORITY.—Section 2605 of title 10, United

23 States Code, is amended—

24 (1) by striking out ‘‘the defense dependents’

25 education system provided for under the Defense
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1 Dependents’ Education Act of 1978 (20 U.S.C. 921

2 et seq.)’’ in subsection (a) and inserting in lieu

3 thereof ‘‘a defense dependents’ school’’; and

4 (2) by striking out ‘‘the defense dependent’s

5 education system’’ in subsection (b) and inserting in

6 lieu thereof ‘‘defense dependents’ schools’’.

7 (b) DEFINITION.—Such section is further amended

8 by adding at the end the following new subsection:

9 ‘‘(g) In this section, the term ‘defense dependents’

10 school’ means the following:

11 ‘‘(1) A school established as part of the defense

12 dependents’ education system provided for under the

13 Defense Dependents’ Education Act of 1978 (20

14 U.S.C. 921 et seq.).

15 ‘‘(2) An elementary or secondary school estab16 lished pursuant to section 2164 of this title.’’.

17 (c) CLERICAL AMENDMENT.—(1) The heading of

18 such section is amended to read as follows:

19 ‘‘§ 2605. Acceptance of gifts for defense dependents’

20 schools’’.

21 (2) The item relating to such section in the table of

22 sections at the beginning of chapter 155 of such title is

23 amended to read as follows:

‘‘2605. Acceptance of gifts for defense dependents’ schools.’’.
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1 Subtitle F—Other Matters

2 SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF

3 ARMED FORCES RETIREMENT HOME.

4 (a) IN GENERAL.—Paragraph (2) of section 1514(c)

5 of the Armed Forces Retirement Home Act of 1991 (24

6 U.S.C. 414(c)(2)) is amended to read as follows:

7 ‘‘(2) The fee shall be fixed as a percentage of the

8 monthly income and monthly payments (including Federal

9 payments) received by a resident, subject to such adjust10 ments in the fee as the Retirement Home Board may

11 make under paragraph (1). The percentage shall be the

12 same for each establishment of the Retirement Home.’’.

13 (b) APPLICATION OF MODIFIED FEES TO ALL RESI14 DENTS.—(1) Subsections (d) and (e) of section 1514 of

15 such Act are repealed.

16 (2) Such section is further amended by adding after

17 subsection (c) the following new subsection (d):

18 ‘‘(d) APPLICATION OF FEES.—Subject to such ad19 justments in the fee as the Retirement Home Board may

20 make under subsection (c), each resident of the Retire21 ment Home shall be required to pay a monthly fee equal

22 to—

23 ‘‘(1) in the case of a resident who is receiving

24 assisted-living services at the Retirement Home, 65

25 percent of all monthly income and monthly payments
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1 (including Federal payments) received by the resi2 dent; and

3 ‘‘(2) in the case of a resident who is not receiv4 ing assisted-living services at the Retirement Home,

5 40 percent of all such monthly income and monthly

6 payments.’’.

7 (c) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect one year after the date of

9 the enactment of this Act.

10 SEC. 362. NATIONAL GUARD YOUTH PROGRAM.

11 (a) AUTHORITY.—Chapter 5 of title 32, United

12 States Code, is amended by adding at the end the follow13 ing new section:

14 ‘‘§ 508. Assistance to certain youth organizations

15 ‘‘(a) Members or units of the National Guard may

16 provide the services described in subsection (b) to an orga17 nization described in subsection (c) in conjunction with

18 training required under this chapter if—

19 ‘‘(1) the provision of such services does not de20 grade the quality of the training or otherwise inter21 fere with the ability of any unit to perform its mili22 tary functions;

23 ‘‘(2) the services provided are not commercially

24 available or affected commercial entities have agreed