103D CONGRESS

2D SESSION H. R. 4301

AMENDMENTS
In the Senate of the United States,

July 1 (legislative day, June 7), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4301) entitled ‘‘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’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 1995’’.

4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows:

8 (1) Division A—Department of Defense Author9 izations.

10 (2) Division B—Military Construction Author11 izations.

12 (3) Division C—Department of Energy National

13 Security Authorizations and Other Authorizations.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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.

Sec. 4. General limitation.

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. Reserve components.

Sec. 106. Chemical demilitarization program.

Sec. 107. Joint Training, Analysis and Simulation Center.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority for M1A2 tank upgrades.

Sec. 112. Transfer of replacement Army tank to Marine Corps Reserve.

Sec. 113. Replacement surveillance system for Korea.

Sec. 114. Small arms industrial base.

Sec. 115. Bunker defeat munition missiles.

Subtitle C—Navy Programs

Sec. 121. Nuclear aircraft carrier program.

Sec. 122. Seawolf submarine program.

Sec. 123. Naval amphibious ready groups.

Subtitle D—Air Force Programs

Sec. 131. Settlement of claims under the C–17 aircraft program.

Sec. 132. Retirement of bomber aircraft.

Subtitle E—Other Matters

Sec. 141. Preserving the bomber industrial base.

Sec. 142. Dual-use electric and hybrid vehicles.

Sec. 143. Sales authority of working-capital funded Army industrial facilities.

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. Strategic environmental research and development program.

Sec. 204. High resolution imaging.
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Subtitle B—Programs Requirements, Restrictions, and

Limitations

Sec. 211. Tactical antisatellite technologies program.

Sec. 212. Transfer of MILSTAR communications satellite program.

Sec. 213. Transfer of funds for single-stage to orbit rocket.

Sec. 214. Limitation on dismantlement of intercontinental ballistic missiles.

Sec. 215. Limitation on obligation of funds for seismic monitoring research.

Sec. 216. Federally funded research and development centers.

Subtitle C—Missile Defense Programs

Sec. 221. Compliance of ballistic missile defense systems and components with

ABM treaty.

Sec. 222. Revisions to the Missile Defense Act of 1991.

Sec. 223. Limitation.

Sec. 224. Management and budget responsibility for space-based chemical laser

program.

Sec. 225. Senate advice and consent on agreements that modify the Anti-Ballistic

Missile Treaty.

Subtitle D—Defense Conversion, Reinvestment, and Transition

Assistance Matters

Sec. 231. Funding of defense technology reinvestment programs for fiscal year

1995.

Sec. 232. Financial commitment requirements for small business concerns for

participation in technology reinvestment projects.

Sec. 233. Conditions on funding of defense technology reinvestment projects.

Sec. 234. Federal defense laboratory diversification and Navy reinvestment in the

technology and industrial base.

Sec. 235. Small business defense conversion guaranteed loans.

Subtitle E—Other Matters

Sec. 241. Cooperative research and development agreements with NATO organizations.

Sec. 242. Defense women’s health research program.

Sec. 243. Requirement for submission of annual report of the Semiconductor

Technology Council to Congress.

Sec. 244. Report on oceanographic survey and research requirements to support

littoral warfare.

Sec. 245. LANSCE/LAMPF upgrades.

Sec. 246. Study regarding live-fire survivability testing of F–22 aircraft.

Sec. 247. University Research Initiative support program.

Sec. 248. Manufacturing science and technology program.

Sec. 249. Defense experimental program to stimulate competitive research.

Sec. 250. Study on beaming high power laser energy to satellites.

Sec. 251. Advanced threat radar jammer.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home funding.
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Sec. 304. National Security Education Trust Fund obligations.

Sec. 305. Transfer from National Defense Stockpile Transaction Fund.

Sec. 306. Support for the 1995 Special Olympics World Games.

Sec. 307. Air National Guard fighter aircraft.

Subtitle B—Defense Business Operations Fund

Sec. 311. Permanent authority for use of fund for managing working capital

funds and certain activities.

Sec. 312. Implementation of improvement plan.

Sec. 313. Limitation on obligations against the capital asset fund.

Sec. 314. Limitation on obligations against the supply management divisions.

Subtitle C—Environmental Matters

Sec. 321. Prohibition on the purchase of surety bonds and other guarantees for

the Department of Defense.

Sec. 322. Extension of prohibition on use of environmental restoration funds for

payment of fines and penalties.

Sec. 323. Participation of Indian tribes in agreements for defense environmental

restoration.

Sec. 324. Extension of authority to issue surety bonds for certain environmental

programs.

Subtitle D—Matters Relating to Department of Defense

Civilian Employees

Sec. 331. Extension of certain transition assistance authorities.

Sec. 332. Extension and expansion of authority to conduct personnel demonstration projects.

Sec. 333. Limitation on payment of severance pay to certain employees transferring to employment positions in nonappropriated fund instrumentalities.

Sec. 334. Retirement credit for certain service in nonappropriated fund instrumentalities before January 1, 1987.

Sec. 335. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service.

Sec. 336. Foreign employees covered by the Foreign National Employees Separation Pay Account.

Sec. 337. Increased authority to accept voluntary services.

Subtitle E—Other Matters

Sec. 341. Change of source for performance of depot-level workloads.

Sec. 342. Civil Air Patrol.

Sec. 343. Armed Forces Retirement Home.

Sec. 344. Clarification of authority to provide medical transportation under National Guard pilot program.

Sec. 345. ARMS Initiative loan guarantee program.

Sec. 346. Reauthorization of Department of Defense domestic elementary and secondary schools for dependents.

Sec. 347. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

Sec. 348. Disposition of proceeds from operation of the Naval Academy laundry.

Sec. 349. Repeal of annual limitation on expenditures for emergency and extraordinary expenses of the Department of Defense Inspector General.
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Sec. 350. Extension of authority for program to commemorate World War II.

Sec. 351. Extension of authority for aviation depots and naval shipyards to engage in defense-related production and services.

Sec. 352. Transfer of certain excess Department of Defense property to educational institutions and training schools.

Sec. 353. Ships’ stores.

Sec. 354. Humanitarian program for clearing landmines.

Sec. 355. Assistance to Red Cross for emergency communications services for

members of the Armed Forces and their families.

Sec. 356. Maritime prepositioning ship enhancement.

Sec. 357. Roll-on/roll-off vessels for the Ready Reserve force.

Sec. 358. Payment of certain stipulated civil penalties.

Sec. 359. Sale of articles and services of industrial facilities of the Armed Forces

to persons outside Department of Defense.

Sec. 360. Study of establishment of Land Management and Training Center at

Fort Riley, Kansas.

Sec. 361. Procurement of portable ventilators for the Defense Medical Facility Office, Fort Detrick, Maryland.

Sec. 362. Review by Defense Inspector General of cost growth in certain contracts.

Sec. 363. Cost comparison studies for contracts for advisory and assistance services.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Extension of temporary variation of end strength limitations for Marine Corps majors and lieutenant colonels.

Sec. 403. Retention of authorized strength of general officers on active duty in the

Marine Corps for fiscal years after fiscal year 1995.

Sec. 404. Exception to limitation on number of general officers and flag officers

serving on active duty.

Sec. 405. Temporary exclusion of Superintendent of Naval Academy from counting toward number of senior admirals authorized to be on active

duty.

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.

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.

Subtitle E—Other Matters

Sec. 441. Repeal of required reduction in recruiting personnel.
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TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Service on successive selection boards.

Sec. 502. Promotion and other career management matters relating to warrant

officers on active-duty lists.

Sec. 503. Enlistment or retirement of Navy and Marine Corps limited duty officers having twice failed of selection for promotion.

Sec. 504. Educational requirements for appointment in reserve components in

grades above first lieutenant or lieutenant (junior grade).

Sec. 505. Limited exception from baccalaureate degree requirement for Alaska

scout officers.

Sec. 506. Original appointments of limited duty officers of the Navy and Marine

Corps serving in temporary grades.

Sec. 507. Selection for designated judge advocate positions.

Subtitle B—Reserve Component Matters

Sec. 511. Review of opportunities for ordering individual reserves to active duty

with consent.

Sec. 512. Increased period of active duty service for Selected Reserve forces mobilized other than during war or national emergency.

Sec. 513. Repeal of obsolete provisions pertaining to transfer of regular enlisted

members to reserve components.

Sec. 514. Sense of the Senate concerning the training and modernization of the

reserve components.

Subtitle C—Other Matters

Sec. 521. Review of certain dismissals from the United States Military Academy.

Sec. 522. Transitional compensation and other benefits for dependents of members

separated for dependent abuse.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses for reserve forces.

Sec. 612. Extension and modification of certain bonuses and special pay for

nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. Extension of authority relating to payment of other bonuses and special

pays.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Responsibility for preparation of transportation mileage tables.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 631. Clarification of calculation of retired pay for officers who retire in a

grade lower than the grade held at retirement.
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Sec. 632. Crediting of reserve service of enlisted members for computation of retired pay.

Sec. 633. Forfeiture of annuity or retired pay of members convicted of espionage.

Sec. 634. Computation of retired pay to prevent pay inversions.

Sec. 635. Cost-of-living increases in SBP contributions to be effective concurrently

with payment of related retired pay cost-of-living increases.

Sec. 636. Requirement for equal treatment of civilian and military retirees in the

event of delays in cost-of-living adjustments.

Subtitle E—Defense Conversion, Reinvestment, and Transition

Assistance Matters

Sec. 641. Eligibility of members retired under temporary special retirement authority for Servicemen’s Group Life Insurance.

Sec. 642. Annual payments for members retired under Guard and Reserve Transition Initiative.

Sec. 643. Increased eligibility and application periods for troops-to-teachers program.

Sec. 644. Assistance for eligible members to obtain employment with law enforcement agencies.

Sec. 645. Treatment of retired and retainer pay of members of cadre of Civilian

Community Corps.

Subtitle F—Other Matters

Sec. 651. Disability coverage for officer candidates granted excess leave.

Sec. 652. Use of morale, welfare, and recreation facilities by members of reserve

components and dependents.

Sec. 653. Special supplemental food program for Department of Defense personnel

outside the United States.

Sec. 654. Reimbursement for certain losses of household effects caused by hostile

action.

Sec. 655. Payment for transient housing for reserves performing certain training

duty.

Sec. 656. Study of offset of disability compensation by receipt of separation benefits and incentives..

TITLE VII—HEALTH CARE PROVISIONS

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

adopted by members or former members.

Sec. 702. Availability of dependents’ dental program outside the United States.

Sec. 703. Conditions under which medical and dental care of abused dependents

is authorized.

Sec. 704. Coordination of benefits with medicare.

Sec. 705. Authority for reimbursement of professional license fees under resource

sharing agreements.

Sec. 706. Chiropractic health care demonstration program.

Sec. 707. Implementation of annual health care survey requirement.

Sec. 708. Study and report on financial relief for certain medicare-eligible military retirees who incur medicare late enrollment penalties.

Sec. 709. Eligibility for participation in demonstration programs for sale of

pharmaceuticals.

Sec. 710. Cost analysis of tidewater tricare delivery of pediatric health care to

military families.
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TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Use of Merit Based Selection Procedures

Sec. 801. Policy for merit based award of contracts and grants.

Sec. 802. Continuation of expiring requirement for annual report on the use of

competitive procedures for awarding certain contracts to colleges

and universities.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Procurement technical assistance programs.

Sec. 812. Pilot Mentor-Protege Program.

Sec. 813. Infrastructure assistance for historically black colleges and other minority institutions of higher education.

Sec. 814. Extension of test program for negotiation of comprehensive small business subcontracting plans.

Sec. 815. Limitation regarding acquisition assistance regulations required by

Public Law 103–160 but not issued.

Sec. 816. Treatment under subcontracting plans of purchases from qualified nonprofit agencies for the blind or severely disabled.

Subtitle C—Other Matters

Sec. 821. Use of certain funds pending submission of a national technology and

industrial base periodic defense capability assessment and a

periodic defense capability plan.

Sec. 822. Delegation of industrial mobilization authority.

Sec. 823. Permanent authority for the Department of Defense to share equitably

the costs of claims under international armaments cooperative

programs.

Sec. 824. Determinations of public interest under the Buy American Act.

Sec. 825. Documentation for awards for cooperative agreements or other transactions under the defense technology reinvestment program.

Sec. 826. Comptroller General assessment of extent to which technology and industrial base programs attain policy objectives.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.

Sec. 902. Order of succession to Secretaries of the military departments.

Subtitle B—Commission on Roles and Missions of the Armed

Forces

Sec. 911. Review of reserve components.

Sec. 912. Support by federally funded research and development centers.

Sec. 913. Revision in composition of Commission.

Subtitle C—Other Matters

Sec. 921. Composition of reserve forces policy board.

Sec. 922. Continuation of Uniformed Services University of the Health Sciences.
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Sec. 923. Joint duty credit for certain duty performed during military operations

in support of unified, combined, or United Nations military operations.

Sec. 924. Assistance for certain workers dislocated due to reductions by the United States in the export of defense articles and services.

Subtitle D—Professional Military Education

Sec. 931. Authority for Marine Corps University to award the degree of master

of military studies.

Sec. 932. Board of advisors of Marine Corps University.

Sec. 933. Authority for Air University to award the degree of master of airpower

art and science.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Emergency supplemental authorization of appropriations for fiscal

year 1994.

Sec. 1003. Date for submission of future-years mission budget.

Sec. 1004. Submission of future-years defense program in accordance with law.

Subtitle B—Matters Relating to Allies and Other Nations

Sec. 1011. Repeal of limitation on overseas military end strength.

Sec. 1012. Authorized end strength for military personnel in Europe.

Sec. 1013. Extension and revision of authorities relating to cooperative threat reduction.

Sec. 1014. Defense cooperation between the United States and Israel.

Sec. 1015. Military-to-military contacts and comparable activities.

Sec. 1016. Foreign disaster relief.

Sec. 1017. Burdensharing policy and report.

Sec. 1018. Review and report regarding Department of Defense programs relating

to regional security and host nation development in the Western

Hemisphere.

Sec. 1019. Payments-in-kind for release of United States overseas military facilities to NATO host countries.

Subtitle C—Nonproliferation and Counterproliferation of

Weapon Systems and Related Systems

Sec. 1021. Extension and revision of nonproliferation authorities.

Sec. 1022. Joint Committee for the Review of Counterproliferation Programs of

the United States.

Sec. 1023. Report on counterproliferation activities and programs.

Sec. 1024. Amounts for counterproliferation activities.

Sec. 1025. Restriction relating to report on proliferation of foreign military satellites.

Subtitle D—Peace Operations

Sec. 1031. Reports on reforming multilateral peace operations.

Sec. 1032. Support for international peacekeeping and peace enforcement.
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Subtitle E—Reporting Requirements

Sec. 1041. Report on offensive biological warfare program of the states of the

former Soviet Union.

Sec. 1042. Termination of certain Department of Defense reporting requirements.

Subtitle F—Acceptance of Pre-release Services of Nonviolent

Offenders

Sec. 1051. Use of inmate labor at military installations.

Sec. 1052. Revision of authority for use of Navy installations to provide employment training to nonviolent offenders in State penal systems.

Sec. 1053. Use of Army installations to provide employment training to nonviolent offenders in State penal systems.

Subtitle G—Discrimination and Sexual harassment

Sec. 1056. Department of Defense policies and procedures on discrimination and

sexual harassment.

Subtitle H—Other Matters

Sec. 1061. Redesignation of United States Court of Military Appeals and the

Courts of Military Review.

Sec. 1062. Assistance to family members of certain POW/MIAs who remain unaccounted for.

Sec. 1063. National Guard assistance for certain youth and charitable organizations.

Sec. 1064. Defense Mapping Agency.

Sec. 1065. Transfer of naval vessels to Brazil.

Sec. 1066. Transfers of M1A1 tanks to the Marine Corps.

Sec. 1067. Limitation regarding merger of telecommunications systems.

Sec. 1068. Acquisition of strategic sealift ships.

Sec. 1069. Requirement for Secretary of Defense to submit recommendations on

certain provisions of law concerning missing persons.

Sec. 1070. Contact between the Department of Defense and the ministry of national defense of China on POW/MIA issues.

Sec. 1071. Disclosure of information concerning unaccounted for United States

personnel from the Korean Conflict, and the Cold War.

Sec. 1072. Requirement for certification by Secretary of Defense concerning declassification of Vietnam-era POW/MIA records.

Sec. 1073. Information concerning unaccounted for United States personnel of the

Vietnam conflict.

Sec. 1074. Report on POW/MIA matters concerning North Korea.

Sec. 1075. Elimination of disparity between effective dates for military and civilian retiree cost-of-living adjustments for fiscal year 1995.

Sec. 1076. Military recruiting on campus.

Sec. 1077. Study on convergence of Geosat and EOS altimetry programs.

Sec. 1078. Visas for officials of Taiwan.

Sec. 1079. Sense of the Senate concerning participation in allied defense cooperation.

Sec. 1080. Interagency placement program for Federal employees affected by reduction in force actions.

Sec. 1081. George C. Marshall European Center for Security Studies.

Sec. 1082. Changes in notice requirements upon pending or actual termination

of defense programs.

Sec. 1083. Transfer of obsolete vessel Guadalcanal.
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Sec. 1084. Study of spousal abuse involving Armed Forces personnel.

Sec. 1085. Review of the procedures used by Department of Defense investigative

organizations when conducting an investigation into the death

of a member of the Armed Forces who, while serving on active

duty, died from a cause determined to be self-inflicted.

Sec. 1086. Public education facility of the Armed Forces Institute of Pathology.

Sec. 1087. Assignments of employees between Federal agencies and federally funded research and development centers.

Sec. 1088. Bosnia and Herzegovina.

Sec. 1089. Provision of intelligence and other assistance where drug trafficking

threatens national security.

Sec. 1090. Administration of athletics programs at the service academies.

Sec. 1091. Review of the bottom up review and the future year defense program

and establishment of new funding requirements and priorities.

Sec. 1092. Genocide in Rwanda.

Sec. 1093. Studies of health consequences of military service or employment in

Southwest Asia during the Persian Gulf War.

Sec. 1094. Grants for research into the health consequences of the Persian Gulf

War.

Sec. 1095. Compatibility of health registries.

Sec. 1096. Technical amendments.

Sec. 1097. North Atlantic Treaty Organization.

Sec. 1098. Limitation on obligation of funds for Mark–6 guidance sets for Trident II missiles.

Sec. 1099. Military planning for the size and structure of a force required for a

major regional contingency on the Korean Peninsula.

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. Relocation of Army family housing units from Fort Hunter Liggett,

California, to Fort Stewart, Georgia.

Sec. 2106. Highway safety at Hawthorne Army Ammunition Plant, Nevada.

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. Authority to carry out construction project, Naval Supply Center,

Pensacola, Florida.

Sec. 2206. Relocation of Pascagoula Coast Guard Station, Mississippi.

Sec. 2207. Authority to carry out construction design for Mayport Naval Station,

Florida.

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.
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Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Authorization of military construction projects at Tyndall Air Force

Base, Florida, for which funds have been appropriated.

Sec. 2306. Revision of authorized family housing project, Tyndall Air Force Base,

Florida.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Family housing.

Sec. 2403. Improvements to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Termination of authority to carry out fiscal year 1993 project.

Sec. 2407. Community impact assistance with regard to Naval Weapons Station,

Charleston, South Carolina.

Sec. 2408. Planning and design for construction in support of consolidation of

operations of the Defense Finance and Accounting Service.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

Sec. 2602. Authorization of certain National Guard and Reserve projects for

which funds have been appropriated.

TITLE XXVII—EXPIRATION OF AUTHORIZATIONS

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

law.

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

Sec. 2703. Clarification of extension of authorizations of certain fiscal year 1991

projects.

Sec. 2704. Extension of certain fiscal year 1991 projects.

Sec. 2705. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Clarification of requirement for notification of Congress of improvements in family housing units.

Sec. 2802. Authority to pay closing costs under Homeowners Assistance Program.

Subtitle B—Base Closure Matters

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

conversion planning undertaken by potential affected communities.
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Sec. 2812. Clarifying and technical amendments to base closure laws.

Sec. 2813. Sense of Senate on the activities of the Secretary of Defense in support

of communities affected by base closures.

Subtitle C—Land Transactions Generally

Sec. 2821. Land transfer, Holloman Air Force Base, New Mexico.

Sec. 2822. Joint use of property, Port Hueneme, California.

Sec. 2823. Lease of property, Naval Radio Receiving Facility, Imperial Beach,

Coronado, California.

Sec. 2824. Release of reversionary interest on certain property in York County

and James City County, Virginia, and Newport News, Virginia.

Sec. 2825. Land transfer, Fort Devens, Massachusetts.

Sec. 2826. Land conveyance, Cornhusker Army Ammunition Plant, Hall County,

Nebraska.

Sec. 2827. Transfer or conveyance of certain parcels of property through General

Services Administration.

Subtitle D—Changes to Existing Land Transaction Authority

Sec. 2831. Modifications of land conveyance, Fort A.P. Hill Military Reservation, Virginia.

Sec. 2832. Modification of conveyance of electricity distribution system, Fort Dix,

New Jersey.

Sec. 2833. Modification of land conveyance, Fort Knox, Kentucky.

Sec. 2834. Preservation of Calverton Pine Barrens, Naval Weapons Industrial

Reserve Plant, New York, as nature preserve.

Subtitle E—Other Matters

Sec. 2841. Joint construction contracting for commissaries and nonappropriated

fund instrumentality facilities.

Sec. 2842. National Guard facility contracts subject to performance supervision

by the Army or the Navy.

Sec. 2843. Waiver of reporting requirements for certain real property transactions in the event of war or national emergency.

Sec. 2844. Report on use of funds for environmental restoration at Cornhusker

Army Ammunition Plant, Hall County, Nebraska.

Sec. 2845. Department of Defense laboratory revitalization demonstration program.

Sec. 2846. Agreements of settlement for release of improvements at overseas military installations.

Sec. 2847. Revisions to release of reversionary interest, Old Spanish Trail Armory, Harris County, Texas.

Sec. 2848. Transfer of jurisdiction, Air Force Housing at Radar Bomb Scoring

Site, Holbrook, Arizona.

Sec. 2849. Assistance for public participation in defense environmental restoration activities.

Sec. 2850. Sense of the Senate on authoriaton of funds for military construction

projects not requested in the President’s annual budget request.
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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.

Sec. 3105. General reduction in authorization of appropriations.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Funds transfer authority.

Sec. 3125. Authority for construction design.

Sec. 3126. Requirement for completion of conceptual design to precede request for

construction funds.

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. Limitation on use of funds for special access programs.

Sec. 3136. Protection of nuclear weapons facilities workers.

Sec. 3137. National security programs.

Sec. 3138. Scholarship and Fellowship Program for Environmental Restoration

and Waste Management.

Sec. 3139. Hazardous materials management and hazardous materials emergency

response training program.

Sec. 3140. Programs for persons who may have been exposed to radiation released

from Hanford Nuclear Reservation.

Sec. 3141. Solar energy activities at Nevada Test Site, Nevada,

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. Nuclear Weapons Council Membership.

Sec. 3155. Office of Fissile Materials Disposition.

Sec. 3156. Extension of authority to loan personnel and facilities at Idaho National Engineering Laboratory.
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Sec. 3157. Elimination of requirement for five-year plan for defense nuclear facilities.

Sec. 3158. Authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3159. Department of Energy Declassification Productivity Initiative.

Sec. 3160. Safety oversight and enforcement at defense nuclear facilities.

Sec. 3161. Conditions on contracts between the Federal Government and certain

lessees and transferees of Department of Energy property.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD AUTHORIZATION

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Disposal of obsolete and excess materials contained in the National Defense Stockpile.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Repeal of advisory committee requirement.

Sec. 3304. Rotation of materials to prevent technological obsolescence.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Expenditures in accordance with other laws.

Sec. 3504. Costs of educational services obtained in the United States.

Sec. 3505. Special immigrant status of Panamanians employed by the United

States in the former Canal Zone.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means the Committees on Armed Services

4 and the Committees on Appropriations of the Senate and

5 House of Representatives.

6 SEC. 4. GENERAL LIMITATION.

7 Notwithstanding any other provision of this Act, the

8 total amount authorized to be appropriated for fiscal year

9 1995 under the provisions of this Act is $263,130,327,000,
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1 of which the total amount authorized to be appropriated

2 for fiscal year 1995 under the provisions of—

3 (1) division A is $244,063,401,000;

4 (2) division B is $8,593,903,000; and

5 (3) division C is $10,473,023,000.

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 fis13 cal year 1995 for procurement for the Army as follows:

14 (1) For aircraft, $1,073,781,000.

15 (2) For missiles, $693,909,000.

16 (3) For weapons and tracked combat vehicles,

17 $1,132,886,000.

18 (4) For ammunition, $870,361,000.

19 (5) For other procurement, $2,677,719,000.

20 SEC. 102. NAVY AND MARINE CORPS.

21 (a) NAVY.—Funds are hereby authorized to be appro22 priated for fiscal year 1995 for procurement for the Navy

23 as follows:

24 (1) For aircraft, $4,535,601,000.
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1 (2) For weapons, including missiles and tor2 pedoes, $2,428,539,000.

3 (3) For shipbuilding and conversion,

4 $6,132,807,000.

5 (4) For other procurement, $3,310,217,000.

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

7 be appropriated for fiscal year 1995 for procurement for

8 the Marine Corps in the amount of $528,857,000.

9 SEC. 103. AIR FORCE.

10 Funds are hereby authorized to be appropriated for fis11 cal year 1995 for procurement for the Air Force as follows:

12 (1) For aircraft, $6,587,994,000.

13 (2) For missiles, $4,330,473,000.

14 (3) For other procurement, $6,961,153,000.

15 SEC. 104. DEFENSE-WIDE ACTIVITIES.

16 Funds are hereby authorized to be appropriated for fis17 cal year 1995 for Defense-wide procurement in the amount

18 of $1,935,616,000.

19 SEC. 105. RESERVE COMPONENTS.

20 Funds are hereby authorized to be appropriated for fis21 cal year 1995 for procurement of aircraft, vehicles, commu22 nications equipment, and other equipment for the reserve

23 components of the Armed Forces as follows:

24 (1) For the Army National Guard, $85,000,000.

25 (2) For the Air National Guard, $270,000,000.
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1 (3) For the Army Reserve, $75,000,000.

2 (4) For the Naval Reserve, $65,000,000.

3 (5) For the Air Force Reserve, $60,000,000.

4 (6) For the Marine Corps Reserve, $45,000,000.

5 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

6 (a) AUTHORIZATION.—There is hereby authorized to be

7 appropriated for fiscal year 1995 the amount of

8 $590,149,000 for—

9 (1) the destruction of lethal chemical agents and

10 munitions in accordance with section 1412 of the De11 partment of Defense Authorization Act, 1986 (50

12 U.S.C. 1521); and

13 (2) the destruction of chemical warfare material

14 of the United States that is not covered by section

15 1412 of such Act.

16 (b) LIMITATION.—Of the funds specified in subsection

17 (a)—

18 (1) $363,584,000 is for operation and mainte19 nance;

20 (2) $215,265,000 is for procurement; and

21 (3) $11,300,000 is for research and development

22 efforts in support of the nonstockpile chemical weap23 ons program.

24 (c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED

25 APPROPRIATIONS.—The Department of Defense may obli-
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1 gate and expend $25,000,000 of the funds appropriated for

2 research, development, test, and evaluation under the head3 ing ‘‘CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

4 DEFENSE’’ in title VI of Public Law 103–139 (107 Stat.

5 1436) in accordance with the appropriation for such funds

6 in that Act.

7 (d) IDENTIFICATION OF FUNDS FOR PROGRAM.—Sec8 tion 1412(f) of the Department of Defense Authorization

9 Act, 1986 (50 U.S.C. 1521(f)) is amended by striking out

10 the last sentence and inserting in lieu thereof the following:

11 ‘‘Funds for military construction projects necessary to

12 carry out this section shall be set forth in the budget of the

13 Department of Defense for any fiscal year as a separate

14 account.’’.

15 SEC. 107. JOINT TRAINING, ANALYSIS AND SIMULATION

16 CENTER.

17 Of the funds authorized to be appropriated for other

18 procurement for the Navy, $10,500,000 shall be available

19 for procurement of command, control, communications and

20 computer equipment for a Joint Training, Analysis and

21 Simulation Center for the United States Atlantic Com22 mand.
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1 Subtitle B—Army Programs

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

3 M1A2 TANK UPGRADES.

4 The Secretary of the Army may enter into multiyear

5 procurement contracts for procurement of M1A2 Abrams

6 tank upgrades in accordance with section 2306(h) of title

7 10, United States Code.

8 SEC. 112. TRANSFER OF REPLACEMENT ARMY TANK TO MA9 RINE CORPS RESERVE.

10 The Secretary of the Army shall transfer one M1A1

11 common tank to the Marine Corps Reserve not later than

12 the latest date on which any of the additional 24 M1A2

13 upgrades provided for under authorizations of appropria14 tions in this Act is accepted by the Army.

15 SEC. 113. REPLACEMENT SURVEILLANCE SYSTEM FOR

16 KOREA.

17 (a) LEASE AUTHORIZED.—Funds available to the

18 Army for procurement of OV–1 aircraft that remain unobli19 gated by reason of the early retirement of OV–1 aircraft

20 deployed in Korea may be used for leasing a moving target

21 indicator radar or another surveillance system to replace

22 the surveillance capability of such aircraft in Korea if—

23 (1) the lease provides for deployment of the sys24 tem within 180 days after the date of the enactment

25 of this Act;
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1 (2) the Republic of Korea pays 50 percent of the

2 cost of the lease;

3 (3) the lease includes an option for the Republic

4 of Korea to purchase the leased system after the joint

5 surveillance and target attack radar surveillance sys6 tem (JSTARS) program attains initial operational

7 capability; and

8 (4) the lease expires within 180 days after the

9 date on which the JSTARS system is planned, as of

10 the date of the enactment of this Act, to attain initial

11 operational capability.

12 (b) WAIVER AUTHORITY.—Section 1024(b) of the Na13 tional Defense Authorization Act for Fiscal Years 1992 and

14 1993 (Public Law 102–190; 105 Stat. 1460) is amended

15 by striking out ‘‘section 1439(b)(2)’’ and inserting in lieu

16 thereof ‘‘section 1439’’.

17 SEC. 114. SMALL ARMS INDUSTRIAL BASE.

18 (a) FUNDING FOR PROCUREMENT.—Of the funds au19 thorized to be appropriated pursuant to section 101(3)—

20 (1) $38,902,000 shall be available for procure21 ment of MK19–3 grenade machine guns;

22 (2) $13,000,000 shall be available for procure23 ment of M16A2 rifles;

24 (3) $24,016,000 shall be available for procure25 ment of M249 squad automatic weapons; and
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1 (4) $13,165,000 shall be available for procure2 ment of M4 carbines.

3 (b) MULTIYEAR CONTRACTS AUTHORIZED.—(1) Dur4 ing fiscal year 1995, the Secretary of the Army may, in

5 accordance with section 2306(h) of title 10, United States

6 Code, enter into multiyear contracts to meet the following

7 objectives for quantities of small arms weapons to be ac8 quired for the Army:

9 (A) 21,217 MK19–3 grenade machine guns;

10 (B) 1,002,277 M16A2 rifles;

11 (C) 71,769 M249 squad automatic weapons; and

12 (D) 132,510 M4 carbines.

13 (2) If the Army does not enter into contracts in fiscal

14 year 1995 that will meet all the objectives set forth in para15 graph (1), the Secretary shall, to the extent provided for

16 in appropriations Acts, enter into multiyear contracts on

17 or after October 1, 1995, to meet such objectives.

18 (3) Notwithstanding the first sentence of section

19 2306(h)(8) of title 10, United States Code, the period of a

20 multiyear contract entered into under this subsection may

21 not exceed 10 years.

22 (c) FOLLOW-ON WEAPONS.—The Secretary of the

23 Army shall provide for procurement of product improve24 ments for existing small arms weapons and may do so with-
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1 in multiyear contracts entered into pursuant to subsection

2 (b).

3 (d) JOINT SMALL ARMS MASTER PLAN.—(1) The Sec4 retaries of the military departments shall jointly develop

5 a master plan for meeting the immediate and future needs

6 of the Armed Forces for small arms. The Secretary of the

7 Army shall coordinate the development of the joint small

8 arms master plan. The joint small arms master plan shall

9 include—

10 (A) an examination of the relative advantages

11 and disadvantages of improving existing small arms

12 weapons as compared to investing in new, advanced

13 technology weapons; and

14 (B) an analysis of the effects of each such ap15 proach on the small arms industrial base.

16 (2) Not later than April 1, 1995, the Under Secretary

17 of Defense for Acquisition and Technology shall—

18 (A) review the joint small arms master plan and

19 the results of the examination of relative advantages

20 and disadvantages of the two courses of action de21 scribed in paragraph (1); and

22 (B) transmit the plan, together with any com23 ments that the Under Secretary considers appro24 priate, to the congressional defense committees.
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1 (e) FUNDING FOR RDT&E.—Of the funds authorized

2 to be appropriated under section 201(1)—

3 (1) $5,000,000 shall be available for the Objective

4 Crew-Served Weapons System; and

5 (2) $3,000,000 shall be available for product im6 provements to existing small arms weapons.

7 SEC. 115. BUNKER DEFEAT MUNITION MISSILES.

8 (a) AUTHORITY.—The Secretary of the Army may ac9 quire up to 6,000 type classified standard bunker defeat

10 munition weapons.

11 (b) FUNDING.—Funds authorized to be appropriated

12 for the Army for fiscal year 1994 shall be available for ac13 quisition of bunker defeat munition weapons in accordance

14 with subsection (a) as follows:

15 (1) Of the amount authorized to be appropriated

16 by section 101(4), $7,761,000.

17 (2) Of the amount authorized to be appropriated

18 by section 201(1), $2,600,000.

19 Subtitle C—Navy Programs

20 SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

21 (a) TRANSFER OF FISCAL YEAR 1994 FUNDS.—To the

22 extent provided in appropriations Acts, $1,200,000,000

23 may be transferred from the National Defense Sealift Fund

24 to the funds appropriated pursuant to the authorization in

25 section 102(a)(3).
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1 (b) AVAILABILITY FOR CVN–76.—The funds trans2 ferred shall be available for the CVN–76 nuclear aircraft

3 carrier program.

4 (c) RELATIONSHIP TO OTHER AUTHORIZATION.—The

5 amount of the funds transferred shall be in addition to the

6 amount authorized to be appropriated in section 102(a)(3)

7 of the National Defense Authorization Act for Fiscal Year

8 1994 (Public Law 103–160; 107 Stat. 1563).

9 (d) RELATIONSHIP TO OTHER TRANSFER AUTHOR10 ITY.—The transfer authority in paragraph (1) is in addi11 tion to any other transfer authority provided in this or any

12 other Act.

13 SEC. 122. SEAWOLF SUBMARINE PROGRAM.

14 (a) LIMITATION OF COSTS.—Except as provided in

15 subsection (b), the total amount obligated or expended for

16 procurement of the SSN–21 and SSN–22 Seawolf sub17 marines may not exceed $4,759,571,000.

18 (b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—

19 The amount of the limitation set forth in subsection (a) is

20 increased by the following amounts:

21 (1) The amounts of outfitting costs and post-de22 livery costs incurred for the submarines referred to in

23 such subsection.

24 (2) The amounts of increases in costs attrib25 utable to economic inflation.
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1 (3) The amounts of increases in costs attrib2 utable to compliance with changes in Federal, State,

3 or local laws.

4 SEC. 123. NAVAL AMPHIBIOUS READY GROUPS.

5 (a) FINDINGS.—Congress makes the following findings:

6 (1) Extensive and compelling testimony from

7 uniformed military and Department of Defense lead8 ership has been received which supports a military re9 quirement for twelve Amphibious Ready Groups.

10 (2) An official Department of Navy report re11 quired by the Fiscal Year 1993 National Defense Au12 thorization Act clearly stipulates that a seventh LHD

13 is required in order for the Navy to achieve a force

14 structure of twelve Amphibious Ready Groups.

15 (3) The Department of Navy has identified funds

16 for the purchase of LHD–7 in outyear budget projec17 tions.

18 (4) A significant shortfall in amphibious ship19 ping and amphibious lift exists, both in the fiscal

20 year 1995 budget request and in outyear force struc21 ture projections.

22 (5) Amphibious Assault Ships (LHDs) provide

23 an important contingency capability and are unique24 ly suited to respond to world crises and to provide as25 sistance after natural disasters.
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1 (6) Twelve Amphibious Ready Groups are the

2 correct number to sustain forward deployment and

3 contingency requirements of the Navy.

4 (b) SENSE OF CONGRESS.—It is the sense of

5 Congress that the Secretary of the Navy should, plan

6 for, and budget to provide for, the attainment of a

7 twelfth Amphibious Ready Group as soon as possible.

8 Further, the Secretary of the Navy should extend the

9 existing contract option on the LHD–7 Amphibious

10 Assault Ship in order to achieve twelve Amphibious

11 Ready Groups.

12 (c) LHD–7 CONTRACT OPTION EXTENSION.—

13 (1) The Secretary of the Navy is authorized to

14 extend the existing contract option for the LHD–7

15 Amphibious Assault ship if the Secretary determines

16 that the extension would be in the best interest of the

17 United States.

18 (2) The Secretary of the Navy shall immediately

19 begin negotiations to extend the existing contract op20 tion for the LHD–7 Amphibious Assault Ship Pro21 gram.

22 (3) On and after the date that is 30 days after

23 the date on which the Secretary notifies Congress of

24 an intention to do so, the Secretary may use such

25 program funds authorized to be appropriated for
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1 other Navy programs for such contract. The notifica2 tion shall include a description of the intended use of

3 the funds.

4 (d) REPORT REQUIREMENT.—The Secretary of the

5 Navy shall report to the Congress, after December 31, 1994,

6 but before March 31, 1995, Department of the Navy inten7 tions related to contract execution of the existing contract

8 option for the LHD–7 Amphibious Assault Ship. The report

9 shall include an explanation of the Department’s actions

10 related to the attainment of a twelfth Amphibious Ready

11 Group and the costs and benefits of extending the existing

12 contract option on the LHD–7 Amphibious Assault Ship.

13 Subtitle D—Air Force Programs

14 SEC. 131. SETTLEMENT OF CLAIMS UNDER THE C–17 AIR15 CRAFT PROGRAM.

16 (a) SUPPLEMENTAL AGREEMENTS AUTHORIZED.—On

17 or before September 30, 1995, but subject to subsection (e),

18 the Secretary of the Air Force may enter into supplemental

19 agreements pertaining to Air Force prime contract

20 F33657–81–C–2108 and such other Air Force contracts re21 lating to the C–17 aircraft program in effect on the date

22 of enactment of this Act as the Secretary determines appro23 priate—
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1 (1) to settle claims and disputes arising under

2 such contracts as provided in the C–17 settlement

3 agreement letter;

4 (2) to revise the delivery schedules under such

5 contracts as provided in the C–17 settlement agree6 ment letter, for aircraft T–1 and P–1 through P–6;

7 and

8 (3) to revise range specifications, payload speci9 fications, and other specifications under such con10 tracts as provided in Attachment B to the C–17 settle11 ment agreement letter.

12 (b) FURTHER CONSIDERATION NOT REQUIRED.—The

13 supplemental agreements referred to in subsection (a) may

14 be entered into without requiring further consideration from

15 the contractor only to the extent provided for in the C–17

16 settlement agreement letter.

17 (c) RELEASE OF CONTRACTOR CLAIMS REQUIRED.—

18 Each supplemental agreement referred to in subsection (a)

19 shall require the prime contractor to release and forever dis20 charge the Government from all contractual claims, de21 mands, requests for equitable adjustment, and any other

22 causes of action, known or unknown, that the prime con23 tractor may have on or before January 6, 1994 arising out

24 of the C–17 program contracts as provided in the C–17 set25 tlement agreement letter.
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1 (d) CONTRACT MODIFICATIONS REGARDING CONTRAC2 TOR COMMITMENTS.—The Secretary of the Air Force shall

3 incorporate in each appropriate C–17 contract the prime

4 contractor’s commitment to extend the flight test program,

5 redesign the wing, implement Computer Aided Design/Com6 puter Aided Manufacturing System improvements, Man7 agement Information System improvements, and Advanced

8 Quality System improvements, implement product im9 provement cost reduction projects, and resolve other C–17

10 program issues on a nonreimbursable or cost-share basis as

11 provided in the C–17 settlement agreement letter.

12 (e) NOTICE-AND-WAIT REQUIREMENT.—The Secretary

13 of the Air Force may not enter into a supplemental agree14 ment referred to in subsection (a) until 30 days after the

15 date on which the Secretary of Defense certifies to Congress

16 that the terms and conditions set forth in the C–17 settle17 ment agreement letter, including the settlement of claims,

18 are in the best interests of the Government.

19 (f) CONSTRUCTION REGARDING OTHER CONTRACTOR

20 OBLIGATIONS.—Nothing in this section shall be construed

21 as relieving the contractor of any obligation provided for

22 in the C–17 settlement agreement letter.

23 (g) C–17 SETTLEMENT AGREEMENT LETTER.—The

24 C–17 settlement agreement letter referred to in this section

25 is the agreement that was proposed to the prime contractor
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1 for the C–17 aircraft program by the Under Secretary of

2 Defense for Acquisition and Technology by letter dated Jan3 uary 3, 1994, and was accepted by the prime contractor

4 on January 6, 1994.

5 SEC. 132. RETIREMENT OF BOMBER AIRCRAFT.

6 No funds authorized to be appropriated by this Act

7 or any other Act may be obligated or expended during fiscal

8 year 1995 for retiring, or preparing to retire, any B–52H,

9 B–1B, or F–111 bomber aircraft.

10 Subtitle E—Other Matters

11 SEC. 141. PRESERVING THE BOMBER INDUSTRIAL BASE.

12 (a) FUNDS TO PRESERVE THE BOMBER INDUSTRIAL

13 BASE.—Of the funds authorized to be appropriated under

14 section 103(1), not more than $150,000,000 shall be avail15 able only for the following purposes:

16 (1) To retain B–2 bomber production tooling in

17 ready status.

18 (2) To preserve a production capability for spare

19 parts and aircraft subsystems among lower-tier ven20 dors.

21 (3) To develop detailed production plans for a

22 derivative of the B–2 bomber that is not capable of

23 delivering nuclear weapons.

24 (4) To carry out any other program, project, or

25 activity, not prohibited by subsection (b) or (c), that
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1 the Secretary determines will help to preserve the

2 bomber industrial base of the United States.

3 (b) PROHIBITION.—None of the funds made available

4 pursuant to this section may be used to procure any major

5 structural part for B–2 bomber aircraft or any other part

6 for B–2 bomber aircraft that is not a part previously ac7 quired or planned to be acquired for the B–2 bomber air8 craft under the initial or sustaining spares program.

9 (c) NO AUTHORIZATION OF ADVANCE PROCURE10 MENT.—Nothing in this section shall be construed as au11 thorizing the procurement, including long-lead procure12 ment, of a twenty-second B–2 bomber.

13 (d) EXEMPTION FROM LIMITATION ON TOTAL PRO14 GRAM COST.—Obligations of funds made available pursu15 ant to this section for the purposes set forth in subsection

16 (a) may not be counted for purposes of the limitation in

17 section 131(d) of the National Defense Authorization Act

18 for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

19 1569).

20 (e) ESTIMATES OF TOTAL COST REQUIRED—(1) Not

21 later than January 15, 1995, the Secretary of Defense shall

22 submit to the congressional defense committees two esti23 mates of the total cost of acquisition of 20 additional B–

24 2 bomber aircraft, including the cost of research, develop-
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1 ment, test and evaluation and the cost of related military

2 construction.

3 (2) The Secretary shall assume for purposes of making

4 one of the estimates that such aircraft will be procured at

5 the rate of 2 aircraft in each of fiscal years 1997 and 1998,

6 3 such aircraft in each of fiscal years 1999 through 2002,

7 and 4 such aircraft in fiscal year 2003. The Secretary shall

8 assume for purposes of making the other estimate that such

9 aircraft will be procured at an annual rate of 2.5 aircraft

10 beginning in fiscal year 1997.

11 (3) In addition to stating the estimates in terms of

12 estimated total actual cost, the Secretary shall state the esti13 mates in terms of fiscal year 1995 constant dollars.

14 SEC. 142. DUAL-USE ELECTRIC AND HYBRID VEHICLES.

15 (a) FUNDING.—Of the funds authorized to be appro16 priated by this title, $15,000,000 shall be available for pro17 curement of electric and hybrid vehicles for military uses

18 and for commercialization of such vehicles for nonmilitary

19 uses.

20 (b) LIMITATION.—(1) Funds made available pursuant

21 to subsection (a) may not be expended until the Secretary

22 of Defense and the Secretary of Energy enter into a memo23 randum of understanding that specifies the responsibilities

24 of each Secretary for procurement and commercialization

25 activities to be carried out with such funds.
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1 (2) The provisions of the memorandum of understand2 ing shall be consistent with the missions of the Department

3 of Defense and the Department of Energy and with the

4 goals and requirements set forth in the Energy Policy Act

5 of 1992 (Public Law 102–486; 42 U.S.C. 13271 et seq.) and

6 the amendments made to the Clean Air Act (42 U.S.C. 7401

7 et seq.) by Public Law 101–549 (commonly known as the

8 ‘‘Clean Air Act Amendments of 1990’’; 104 Stat. 2399).

9 SEC. 143. SALES AUTHORITY OF WORKING-CAPITAL FUND10 ED ARMY INDUSTRIAL FACILITIES.

11 Section 4543(a) of title 10, United States Code, is

12 amended—

13 (1) in the matter above paragraph (1), by strik14 ing out ‘‘nondefense-related commercial’’;

15 (2) by striking out ‘‘and’’ at the end of para16 graph (3);

17 (3) by striking out the period at the end of para18 graph (4) and inserting in lieu thereof a semicolon;

19 and

20 (4) by adding at the end the following new para21 graphs:

22 ‘‘(5) the Secretary of the Army determines that

23 the articles or services are not available from a com24 mercial source located in the United States;
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1 ‘‘(6) the purchaser of an article or service agrees

2 to hold harmless and indemnify the United States, ex3 cept in cases of willful misconduct or extreme neg4 ligence, from any claim for damages or injury to any

5 person or property arising out of the article or serv6 ice;

7 ‘‘(7) the article to be sold can be manufactured,

8 or the service to be sold can be substantially per9 formed, by the industrial facility with only incidental

10 subcontracting and it is in the public interest to

11 manufacture such article or perform such service; and

12 ‘‘(8) the sale will not interfere with performance

13 of the military mission of the industrial facility.’’.

14 TITLE II—RESEARCH, DEVELOP15 MENT, TEST, AND EVALUA16 TION

17 Subtitle A—Authorization of

18 Appropriations

19 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

20 Funds are hereby authorized to be appropriated for fis21 cal year 1995 for the use of the Department of Defense for

22 research, development, test, and evaluation, as follows:

23 (1) For the Army, $5,152,308,000.

24 (2) For the Navy, $8,796,129,000.

25 (3) For the Air Force, $12,329,796,000.
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1 (4) For Defense-wide activities, $9,565,299,000,

2 of which—

3 (A) $230,495,000 is authorized for the ac4 tivities of the Director, Test and Evaluation; and

5 (B) $12,501,000 is authorized for the Direc6 tor of Operational Test and Evaluation.

7 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR8 ATORY DEVELOPMENT.

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

10 to be appropriated by section 201, $4,210,356,000 shall be

11 available for basic research and exploratory development

12 projects.

13 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP14 MENT DEFINED.—For purposes of this section, the term

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

16 funded in program elements for defense research and devel17 opment under Department of Defense category 6.1 or 6.2.

18 SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE19 VELOPMENT PROGRAM.

20 Of the amounts authorized to be appropriated by sec21 tion 201, $170,000,000 shall be available for the Strategic

22 Environmental Research and Development Program.
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1 SEC. 204. HIGH RESOLUTION IMAGING.

2 Of the funds authorized to be appropriated pursuant

3 to section 201(3), $10,000,000 shall be available for high

4 resolution imaging of space objects using excimer lasers.

5 Subtitle B—Programs Require6 ments, Restrictions, and Limita7 tions

8 SEC. 211. TACTICAL ANTISATELLITE TECHNOLOGIES PRO9 GRAM.

10 (a) DEMONSTRATION AND VALIDATION ACTIVITIES.—

11 Subject to subsection (e), the Secretary of Defense shall con12 tinue the demonstration and validation of kinetic energy

13 antisatellite technologies under the tactical antisatellite

14 technologies program.

15 (b) LEVEL FUNDING.—Subject to subsection (e), of the

16 amounts authorized to be appropriated in this title,

17 $10,000,000 shall be available for fiscal year 1995 for engi18 neering development under the tactical antisatellite tech19 nologies program.

20 (c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR

21 FUNDS.—To the extent provided in appropriations Acts, the

22 Secretary shall obligate for engineering development under

23 the tactical antisatellite technologies program all funds

24 available for fiscal year 1993 and fiscal year 1994 for the

25 Kinetic Energy Antisatellite (KE–ASAT) program that re-
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1 main available for obligation on the date of the enactment

2 of this Act.

3 (d) REPORT.—The Secretary shall submit to Congress

4 the report required by section 1363 of the National Defense

5 Authorization Act for Fiscal Year 1993 (Public Law 102–

6 484; 106 Stat. 2560).

7 (e) LIMITATION.—No funds appropriated to the De8 partment of Defense for fiscal year 1995 may be obligated

9 for the tactical antisatellite technologies program until the

10 Secretary of Defense certifies to Congress that there is a re11 quirement for an antisatellite program.

12 SEC. 212. TRANSFER OF MILSTAR COMMUNICATIONS SAT13 ELLITE PROGRAM.

14 (a) TRANSFER TO NAVY.—The Secretary of Defense

15 shall transfer responsibility for program management and

16 funding for the MILSTAR communications satellite pro17 gram from the Secretary of the Air Force to the Secretary

18 of the Navy before October 1, 1995.

19 (b) FUNDING IN FUTURE YEARS DEFENSE PRO20 GRAM.—It is the sense of Congress that the Secretary should

21 transfer from the Air Force to the Navy sufficient proposed

22 funding in the Future Years Defense Program to cover all

23 costs for the MILSTAR communications satellite program

24 and related programs, projects, and activities.
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1 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR2 ITY.—The transfer authority in subsection (b) is in addi3 tion to the transfer authority provided in section 1001.

4 SEC. 213. TRANSFER OF FUNDS FOR SINGLE-STAGE TO

5 ORBIT ROCKET.

6 The Secretary of Defense shall, to the extent provided

7 in appropriations Acts, transfer to the National Aero8 nautics and Space Administration the unobligated balance

9 of funds appropriated to the Department of Defense for the

10 Advanced Research Projects Agency for single-stage to orbit

11 rocket research and development.

12 SEC. 214. LIMITATION ON DISMANTLEMENT OF INTER13 CONTINENTAL BALLISTIC MISSILES.

14 Funds authorized to be appropriated in this Act may

15 not be obligated or expended for deactivating or disman16 tling United States intercontinental ballistic missiles

17 (ICBMs) of the United States below that number of such

18 missiles that is necessary to support 500 deployed inter19 continental ballistic missiles until 180 days after the date

20 on which the Secretary of Defense has delivered to the con21 gressional defense committees a report on the results of a

22 nuclear posture review being conducted by the Secretary.
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1 SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR SEIS2 MIC MONITORING RESEARCH.

3 Funds authorized to be appropriated by this Act that

4 are made available for seismic monitoring of nuclear explo5 sions may not be obligated for a project unless the project

6 is authorized in a plan approved in advance by the Sec7 retary of Defense and the Secretary of Energy.

8 SEC. 216. FEDERALLY FUNDED RESEARCH AND DEVELOP9 MENT CENTERS.

10 (a) CENTERS COVERED.—Funds appropriated or oth11 erwise made available for the Department of Defense for fis12 cal year 1995 pursuant to an authorization of appropria13 tions in section 201 may be obligated to procure work from

14 a federally funded research and development center only in

15 the case of a center named in the report required by sub16 section (b) and, in the case of such a center, only in an

17 amount not in excess of the amount of the proposed funding

18 level set forth for that center in such report.

19 (b) REPORT ON ALLOCATIONS FOR CENTERS.—Not

20 later than 30 days after the date of the enactment of this

21 Act, the Secretary of Defense shall submit to the congres22 sional defense committees a report containing—

23 (1) the name of each federally funded research

24 and development center from which work is proposed

25 to be procured for the Department of Defense for fiscal

26 year 1995; and
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1 (2) for each such center, the proposed funding

2 level and the estimated personnel level for fiscal year

3 1995.

4 The total of the proposed funding levels set forth in the re5 port for all federally funded research and development cen6 ters may not exceed the amount set forth in subsection (d).

7 (c) LIMITATION PENDING SUBMISSION OF REPORT.—

8 No funds appropriated or otherwise made available for the

9 Department of Defense for fiscal year 1995 may be obligated

10 to obtain work from a federally funded research and devel11 opment center until the Secretary of Defense submits the

12 report required by subsection (b).

13 (d) FUNDING.—Of the amounts authorized to be ap14 propriated to the Department of Defense for research, devel15 opment, test, and evaluation for fiscal year 1995 pursuant

16 to section 201, not more than a total of $1,300,000,000 may

17 be obligated to procure services from the federally funded

18 research and development centers named in the report re19 quired by subsection (b).

20 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

21 The Secretary of Defense may waive the limitation regard22 ing the maximum funding amount that applies under sub23 section (a) to a federally funded research and development

24 center. Whenever the Secretary proposes to make such a

25 waiver, the Secretary shall submit to the congressional de-
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1 fense committees notice of the proposed waiver and the rea2 sons for the waiver. The waiver may then be made only

3 after the end of the 60-day period that begins on the date

4 on which the notice is submitted to those committees, unless

5 the Secretary determines that it is essential to the national

6 security that funds be obligated for work at that center in

7 excess of that limitation before the end of such period and

8 notifies the congressional defense committees of that deter9 mination and the reasons for the determination.

10 (f) UNDISTRIBUTED REDUCTION.—The total amount

11 authorized to be appropriated for research, development,

12 test, and evaluation in section 201 is hereby reduced by

13 $52,650,000.

14 (g) LIMITATION ON COMPENSATION.—No employee or

15 executive officer of a federally funded research and develop16 ment center named in the report required by subsection (b)

17 may be compensated at a rate exceeding Executive Schedule

18 Level I by that federally funded research and development

19 center.
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1 Subtitle C—Missile Defense

2 Programs

3 SEC. 221. COMPLIANCE OF BALLISTIC MISSILE DEFENSE

4 SYSTEMS AND COMPONENTS WITH ABM TREA5 TY.

6 (a) REQUIRED COMPLIANCE REVIEW FOR BRILLIANT

7 EYES.—The Secretary of Defense shall review the space8 based, midcourse missile tracking system known as Bril9 liant Eyes to determine whether, and under what condi10 tions, the development, testing, and deployment of that sys11 tem in conjunction with a theater ballistic missile defense

12 system, with a limited national missile defense system, and

13 with both such systems, would be in compliance with the

14 ABM Treaty, including the interpretation of that treaty set

15 forth in the enclosure to the July 13, 1993, ACDA letter.

16 (b) LIMITATION.—Of the funds appropriated pursuant

17 to the authorizations of appropriations in section 201 that

18 are made available for the Brilliant Eyes program, not

19 more than $50,000,000 may be obligated until the Secretary

20 of Defense submits to the appropriate congressional commit21 tees a report on the compliance of the Brilliant Eyes pro22 gram with the ABM Treaty.

23 (c) COMPLIANCE REVIEW FOR NAVY UPPER TIER SYS24 TEM.—(1) If the funds made available for fiscal year 1995

25 for the theater ballistic missile program known as the
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1 ‘‘Navy Upper Tier’’ program pursuant to the authoriza2 tions of appropriations in section 201 or otherwise exceed

3 $17,725,000, the Secretary of Defense shall review the Navy

4 Upper Tier program to determine whether the development,

5 testing, and deployment of that system would be in compli6 ance with the ABM Treaty, including the interpretation of

7 the Treaty set forth in the enclosure to the July 13, 1993,

8 ACDA letter.

9 (2) In the event a compliance review is necessary

10 under paragraph (1), not more than $17,725,000 may be

11 obligated for the Navy Upper Tier program before the date

12 on which the Secretary submits to the appropriate congres13 sional committees a report on the compliance of the Navy

14 Upper Tier program with the ABM Treaty.

15 (d) DEFINITIONS.—In this section:

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

17 means the letter dated July 13, 1993, from the Acting

18 Director of the Arms Control and Disarmament Agen19 cy to the chairman of the Committee on Foreign Rela20 tions of the Senate relating to the correct interpreta21 tion of the ABM Treaty and accompanied by an en22 closure setting forth such interpretation.

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

24 between the United States of America and the Union

25 of Soviet Socialist Republics on the Limitation of
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1 Anti-Ballistic Missiles, signed in Moscow on May 26,

2 1972.

3 (3) The term ‘‘appropriate congressional com4 mittees’’ means—

5 (A) the Committee on Armed Services, the

6 Committee on Foreign Affairs, and the Commit7 tee on Appropriations of the House of Represent8 atives; and

9 (B) the Committee on Armed Services, the

10 Committee on Foreign Relations, and the Com11 mittee on Appropriations of the Senate.

12 SEC. 222. REVISIONS TO THE MISSILE DEFENSE ACT OF

13 1991.

14 The Missile Defense Act of 1991 (part C of title II of

15 Public Law 102–190; 10 U.S.C. 2431 note) is amended—

16 (1) by striking out sections 235, 236, and 237;

17 (2) in section 238, by inserting before the period

18 at the end of the second sentence the following: ‘‘, and

19 shall submit to the Congress additional interim re20 ports on the progress of such negotiations at six21 month intervals thereafter until such time as the

22 President notifies the congressional defense committees

23 that such negotiations have been concluded or termi24 nated’’; and
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1 (3) by redesignating section 238, 239, and 240

2 as sections 234, 235, and 236, respectively.

3 SEC. 223. LIMITATION.

4 No funds appropriated pursuant to an authorization

5 of appropriations in this title or otherwise made available

6 for fiscal year 1995 for programs managed by the Ballistic

7 Missile Defense Organization may be obligated for such pro8 grams until the Secretary of Defense submits to Congress

9 the report required by section 235(b) of the National Defense

10 Authorization Act for Fiscal Year 1994 (Public Law 103–

11 160; 107 Stat. 1598).

12 SEC. 224. MANAGEMENT AND BUDGET RESPONSIBILITY FOR

13 SPACE-BASED CHEMICAL LASER PROGRAM.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) In section 243 of the National Defense Au16 thorization Act for Fiscal Year 1994 (Public Law

17 103–160; 107 Stat. 1615) Congress directed the Sec18 retary of Defense to transfer management and budget

19 responsibility for research and development regarding

20 far-term follow-on technologies from the Ballistic Mis21 sile Defense Organization unless the Secretary cer22 tifies that it is in the national security interest of the

23 United States for the Ballistic Missile Defense Orga24 nization to retain that responsibility.
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1 (2) For purposes of section 243 of such Act, a

2 far-term follow-on technology was defined as any tech3 nology that is not incorporated into a ballistic missile

4 defense architecture and is not likely to be incor5 porated within 15 years into a weapon system for

6 ballistic missile defense.

7 (3) The Secretary of Defense has recommended

8 pursuant to section 243 of such Act that management

9 and budget responsibility for chemical laser tech10 nology be retained in the Ballistic Missile Defense Or11 ganization.

12 (b) ASSIGNMENT OF RESPONSIBILITY.—Subject to sub13 section (c), the Ballistic Missile Defense Organization is au14 thorized to retain management and budget responsibility

15 for chemical laser technology programs.

16 (c) REQUIREMENTS.—(1) The Director of the Ballistic

17 Missile Defense Organization shall ensure that, to the extent

18 practicable, the conduct of research and development related

19 to space-based chemical lasers reflects appropriate consider20 ation of a broad range of military missions and possible

21 nonmilitary applications for such lasers.

22 (2) If, as a result of budgetary limitations, the Director

23 of the Ballistic Missile Defense Organization is unable to

24 program sufficient funds to ensure that the space-based

25 chemical laser program remains an option for the acquisi-
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1 tion process within the next fifteen years, the Secretary of

2 Defense shall—

3 (A) establish a new high energy laser research

4 and development program outside of the Ballistic

5 Missile Defense Organization;

6 (B) transfer $50,000,000 out of funds available

7 for fiscal year 1995 for programs administered by the

8 Ballistic Missile Defense Organization to the new

9 high energy laser research and development program;

10 and

11 (C) assign the duty to perform the management

12 and budget responsibilities for the new program to the

13 Secretary of the military department determined by

14 the Secretary of Defense most appropriate to perform

15 such responsibilities or, if the Secretary determines

16 more appropriate, to the head of the Defense Agency

17 of the Department of Defense that the Secretary deter18 mines most appropriate to perform such responsibil19 ities.

20 SEC. 225. SENATE ADVICE AND CONSENT ON AGREEMENTS

21 THAT MODIFY THE ANTI-BALLISTIC MISSILE

22 TREATY.

23 (a) REQUIREMENT FOR ADVICE AND CONSENT OF SEN24 ATE.—Whenever the President negotiates an international

25 agreement that would substantively modify the ABM Trea-
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1 ty, the United States shall not be bound by such agreement

2 unless the agreement is entered into pursuant to the treaty

3 making power of the President under the Constitution

4 (which includes a requirement for advice and consent of the

5 Senate).

6 (b) ABM TREATY DEFINED.—In this section, the term

7 ‘‘ABM Treaty’’ means the Treaty Between the United States

8 of America and the Union of Soviet Socialist Republics on

9 the Limitation of Anti-Ballistic Missile Systems, signed in

10 Moscow on May 26, 1972, with related protocol, signed in

11 Moscow on July 3, 1974.

12 Subtitle D—Defense Conversion, Re13 investment, and Transition As14 sistance Matters

15 SEC. 231. FUNDING OF DEFENSE TECHNOLOGY REINVEST16 MENT PROGRAMS FOR FISCAL YEAR 1995.

17 (a) FUNDS AVAILABLE.—Of the amount authorized to

18 be appropriated under section 201 for Defense-wide activi19 ties, $625,000,000 shall be available for activities described

20 in the defense reinvestment program element of the budget

21 of the Department of Defense for fiscal year 1995.

22 (b) ALLOCATION OF FUNDS.—The funds made avail23 able under subsection (a) shall be allocated as follows:
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1 (1) $245,000,000 shall be available for defense

2 dual-use critical technology partnerships under sec3 tion 2511 of title 10, United States Code.

4 (2) $80,000,000 shall be available for commer5 cial-military integration partnerships under section

6 2512 of such title.

7 (3) $80,000,000 shall be available for defense re8 gional technology alliances under section 2513 of such

9 title.

10 (4) $30,000,000 shall be available for defense ad11 vanced manufacturing technology partnerships under

12 section 2522 of such title.

13 (5) $50,000,000 shall be available for support of

14 manufacturing extension programs under section

15 2523 of such title.

16 (6) $25,000,000 shall be available for defense

17 manufacturing engineering education grants under

18 section 2196 of such title.

19 (7) $30,000,000 shall be available for the ad20 vanced materials synthesis and processing partner21 ship program.

22 (8) $35,000,000 shall be available for the agile

23 manufacturing/enterprise integration program.

24 (9) $40,000,000 shall be available for the mari25 time technology program, as provided for in section
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1 1352(c)(2) of the National Shipbuilding and Ship2 yard Conversion Act of 1993 (subtitle D of title XIII

3 of Public Law 103–160; 107 Stat. 1809; 10 U.S.C.

4 2501 note).

5 (10) $10,000,000 shall be available for grants

6 under section 2198 of title 10, United States Code, to

7 United States institutions of higher education and

8 other United States not-for-profit organizations to

9 support the management training program in Japa10 nese language and culture.

11 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994

12 PROJECTS.—Funds made available under subsection (a)

13 may also be used to make awards to projects of the types

14 that were solicited under programs referred to in subsection

15 (b) in fiscal year 1994.

16 SEC. 232. FINANCIAL COMMITMENT REQUIREMENTS FOR

17 SMALL BUSINESS CONCERNS FOR PARTICIPA18 TION IN TECHNOLOGY REINVESTMENT

19 PROJECTS.

20 (a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY

21 PARTNERSHIPS.—Section 2511(c) of title 10, United States

22 Code, is amended by adding at the end the following new

23 paragraph:

24 ‘‘(3) The Secretary shall consider a partnership pro25 posal submitted by a small business concern without regard
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1 to the ability of the small business concern to immediately

2 meet its share of the anticipated partnership costs. Upon

3 the selection of a partnership proposal submitted by a small

4 business concern, the Secretary shall extend to the small

5 business concern a period of not less than 120 days within

6 which to arrange to meet its financial commitment require7 ments under the partnership from sources other than a per8 son of a foreign country. If the Secretary determines upon

9 the expiration of that period that the small business concern

10 will be unable to meet its share of the anticipated partner11 ship costs, the Secretary may revoke the selection of the

12 partnership proposal submitted by the small business con13 cern.’’.

14 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER15 SHIPS.—Section 2512(c)(3) of such title is amended by add16 ing at the end the following new subparagraph:

17 ‘‘(C) The Secretary shall consider a partnership pro18 posal submitted by a small business concern without regard

19 to the ability of the small business concern to immediately

20 meet its share of the anticipated partnership costs. Upon

21 the selection of a partnership proposal submitted by a small

22 business concern, the Secretary shall extend to the small

23 business concern a period of not less than 120 days within

24 which to arrange to meet its financial commitment require25 ments under the partnership from sources other than a per-
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1 son of a foreign country. If the Secretary determines upon

2 the expiration of that period that the small business concern

3 will be unable to meet its share of the anticipated partner4 ship costs, the Secretary may revoke the selection of the

5 partnership proposal submitted by the small business con6 cern.’’.

7 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

8 PROGRAM.—Section 2513(e) of such title is amended by

9 adding at the end the following new paragraph:

10 ‘‘(4) The Secretary shall consider a proposal for a re11 gional technology alliance that is submitted by a small busi12 ness concern without regard to the ability of the small busi13 ness concern to immediately meet its share of the antici14 pated costs of the alliance. Upon the selection of a proposal

15 submitted by a small business concern, the Secretary shall

16 extend to the small business concern a period of not less

17 than 120 days within which to arrange to meet its financial

18 commitment requirements under the regional technology al19 liance from sources other than a person of a foreign country.

20 If the Secretary determines upon the expiration of that pe21 riod that the small business concern will be unable to meet

22 its share of the anticipated costs, the Secretary may revoke

23 the selection of the proposal submitted by the small business

24 concern.’’.
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1 (d) DEFINITION OF PERSON OF A FOREIGN COUN2 TRY.—Section 2491 of such title is amended by adding at

3 the end the following new paragraph:

4 ‘‘(16) The term ‘person of a foreign country’ has

5 the meaning given such term in section 3502(d) of the

6 Primary Dealers Act of 1988 (22 U.S.C. 5342(d)).’’.

7 SEC. 233. CONDITIONS ON FUNDING OF DEFENSE TECH8 NOLOGY REINVESTMENT PROJECTS.

9 (a) BENEFITS TO UNITED STATES ECONOMY.—In pro10 viding for the establishment or financial support of partner11 ships and other cooperative arrangements under chapter

12 148 of title 10, United States Code, using funds made avail13 able under section 231, the Secretary of Defense shall ensure

14 that the principal economic benefits of such partnerships

15 and other arrangements accrue to the economy of the United

16 States.

17 (b) USE OF COMPETITIVE SELECTION PROCEDURES.—

18 Funds made available under subsection (a) of section 231

19 for defense reinvestment programs described in subsection

20 (b) of such section shall be provided only to projects selected

21 using competitive procedures pursuant to a solicitation in22 corporating cost-sharing requirements for the non-Federal

23 Government participants in the projects.
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1 SEC. 234. FEDERAL DEFENSE LABORATORY DIVERSIFICA2 TION AND NAVY REINVESTMENT IN THE

3 TECHNOLOGY AND INDUSTRIAL BASE.

4 (a) REQUIREMENT FOR PROGRAMS.—(1) Subchapter

5 III of chapter 148 of title 10 is amended by inserting at

6 the end thereof the following:

7 ‘‘SEC. 2519. FEDERAL DEFENSE LABORATORY DIVERSI8 FICATION PROGRAM.

9 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary

10 of Defense shall conduct a program in accordance with this

11 section for the purpose of promoting cooperation between

12 Department of Defense laboratories and industry on re13 search and development of dual-use technologies in order

14 to further the national security objectives set forth in section

15 2501(a) of this title.

16 ‘‘(b) PARTNERSHIPS.—(1) The Secretary shall provide

17 for the establishment under the program of cooperative ar18 rangements (hereinafter in this section referred to as ‘part19 nerships’) between a Department of Defense laboratory and

20 eligible firms and nonprofit research corporations referred

21 to in section 2511(b) of this title. A partnership may also

22 include one or more additional Federal laboratories, insti23 tutions of higher education, agencies of State and local gov24 ernments, and other entities, as determined appropriate by

25 the Secretary.
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1 ‘‘(2) For purposes of this section, a federally funded

2 research and development center shall be considered a De3 partment of Defense laboratory if the center is sponsored

4 by the Department of Defense.

5 ‘‘(c) ASSISTANCE AUTHORIZED.—(1) The Secretary

6 may make grants, enter into contracts, enter into coopera7 tive agreements and other transactions pursuant to section

8 2371 of this title, and enter into cooperative research and

9 development agreements under section 12 of the Stevenson10 Wydler Technology Innovation Act of 1980 (15 U.S.C.

11 3710a) in order to establish partnerships.

12 ‘‘(2) Subject subsection (d), the Secretary may provide

13 a partnership with technical and other assistance in order

14 to facilitate the achievement of the purpose of this section.

15 ‘‘(d) FINANCIAL COMMITMENT OF NON-FEDERAL GOV16 ERNMENT PARTICIPANTS.—(1) The Secretary shall ensure

17 that the non-Federal Government participants in a part18 nership make a substantial contribution to the total cost

19 of partnership activities. The amount of the contribution

20 shall be commensurate with the risk undertaken by such

21 participants and the potential benefits of the activities for

22 such participants.

23 ‘‘(2) The regulations prescribed pursuant to section

24 2511(c)(2) of this title shall apply to in-kind contributions
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1 made by non-Federal Government participants in a part2 nership.

3 ‘‘(e) SELECTION PROCESS.—Competitive procedures

4 shall be used in the establishment of partnerships.

5 ‘‘(f) SELECTION CRITERIA.—The criteria for the selec6 tion of a proposed partnership for establishment under this

7 section shall include the criteria set forth in section 2511(f)

8 of this title.

9 ‘‘(g) REGULATIONS.—The Secretary shall prescribe

10 regulations for the purposes of this section.

11 ‘‘SEC. 2520. NAVY REINVESTMENT PROGRAM.

12 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary

13 of the Navy shall conduct a program in accordance with

14 this section for the purpose of promoting cooperation be15 tween the Department of the Navy and industry on research

16 and development of dual-use technologies in order to further

17 the national security objectives set forth in section 2501(a)

18 of this title.

19 ‘‘(b) PARTNERSHIPS.—The Secretary shall provide for

20 the establishment under the program of cooperative ar21 rangements (hereinafter in this section referred to as ‘part22 nerships’) between Department of the Navy entities and eli23 gible firms and nonprofit research corporations referred to

24 in section 2511(b) of this title. A partnership may also in25 clude one or more Federal laboratories, institutions of high-
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1 er education, agencies of State and local governments, and

2 other entities, as determined appropriate by the Secretary.

3 ‘‘(c) PROGRAM REQUIREMENTS AND ADMINISTRA4 TION.—Subsections (c) through (f) of section 2519 of this

5 title shall apply in the administration of the program.

6 ‘‘(d) SELECTION CRITERIA.—In addition to the selec7 tion criteria referred to in section 2519(f) of this title, the

8 criteria for the selection of a proposed partnership for estab9 lishment under this section shall include the potential effec10 tiveness of the partnership in the further development and

11 application of each technology proposed to be developed by

12 the partnership for Navy acquisition programs.

13 ‘‘(e) REGULATIONS.—The Secretary shall prescribe

14 regulations for the purposes of this section.’’.

15 (2) The table of sections at the beginning of such sub16 chapter is amended by adding at the end the following:

2519. Federal Defense Laboratory Diversification Program.

2520. Navy Reinvestment Program.

17 (b) CLARIFYING AMENDMENT.—Section 2491(5) of

18 title 10, United States Code, is amended by inserting before

19 the period at the end the following: ‘‘, and includes a feder20 ally funded research and development center sponsored by

21 a Federal agency’’.

22 (c) FUNDING.—(1) Of the amount authorized to be ap23 propriated in section 201(4), $56,600,000 shall be available
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1 for the Federal Defense Laboratory Diversification Program

2 under section 2519 of title 10, as added by subsection (a)(1).

3 (2) Of the amount authorized to be appropriated in

4 section 201(2), $50,000,000 shall be available for the Navy

5 Reinvestment Program under section 2520 of title 10, as

6 added by subsection (a)(1).

7 SEC. 235. SMALL BUSINESS DEFENSE CONVERSION GUAR8 ANTEED LOANS.

9 (a) AUTHORIZATIONS.—Section 20 of the Small Busi10 ness Act (15 U.S.C. 631 note) is amended—

11 (1) in subsection (l), as added by section 405(3)

12 of the Small Business Credit and Business Oppor13 tunity Enhancement Act of 1992—

14 (A) by striking ‘‘(l) There’’ and inserting

15 ‘‘(3) There’’ and indenting appropriately; and

16 (B) by striking ‘‘subsection (k)’’, and insert17 ing ‘‘paragraphs (1) and (2)’’;

18 (2) by redesignating subsection (k), as added by

19 section 405(3) of the Small Business Credit and Busi20 ness Opportunity Act of 1992, as subsection (l);

21 (3) in subsection (l), as so redesignated, by in22 serting after paragraph (1), the following new para23 graph:

24 ‘‘(2) The Administration is authorized to make

25 not more than $1,000,000,000 in loans on a guaran-
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1 teed basis, in accordance with section 7(a)(21), such

2 amount to remain available until expended.’’;

3 (4) in subsection (n)—

4 (A) by striking ‘‘(n) There’’ and inserting

5 ‘‘(3) There’’ and indenting appropriately; and

6 (B) by striking ‘‘subsection (m)’’ and insert7 ing ‘‘paragraphs (1) and (2)’’;

8 (5) in subsection (m), by inserting after para9 graph (1), the following new paragraph:

10 ‘‘(2) The Administration is authorized to make

11 not more than $1,000,000,000 in loans on a guaran12 teed basis, in accordance with section 7(a)(21), such

13 amount to remain available until expended.’’;

14 (6) by redesignating subsection (o) as subsection

15 (n); and

16 (7) in subsection (p)—

17 (A) by striking ‘‘(p) There’’ and inserting

18 ‘‘(2) There’’, and indenting appropriately; and

19 (B) by striking ‘‘subsection (o)’’ and insert20 ing ‘‘paragraph (1)’’.

21 (b) TECHNICAL CLARIFICATION.—Section 7(a)(21)(A)

22 of the Small Business Act (15 U.S.C. 636(a)(21)(A)) is

23 amended by striking ‘‘under the’’ and inserting ‘‘on a guar24 anteed basis under the’’.
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1 (c) JOB CREATION AND COMMUNITY BENEFIT.—Sec2 tion 7(a)(21) of the Small Business Act (15 U.S.C.

3 636(a)(21)) is amended by adding at the end the following

4 new subparagraph:

5 ‘‘(E) In providing assistance under this para6 graph, the Administration shall develop procedures to

7 ensure, to the maximum extent practicable, that such

8 assistance is used for projects that have substantial

9 potential for stimulating new economic activity in

10 communities most impacted by reductions in Federal

11 defense expenditures.’’.

12 (d) AUTHORITY TO TRANSFER APPROPRIATIONS.—Of

13 the amount authorized to be appropriated pursuant to sec14 tion 201(4), $27,400,000 may be transferred by the Sec15 retary of Defense, to the extent provided in an act appro16 priating funds for the Department of Defense, to the Small

17 Business Administration for the purpose of providing loan

18 guarantees under section 7(a)(21)(A) of the Small Business

19 Act, such amount to remain available until expended.

20 Subtitle E—Other Matters

21 SEC. 241. COOPERATIVE RESEARCH AND DEVELOPMENT

22 AGREEMENTS WITH NATO ORGANIZATIONS.

23 (a) APPLICABILITY OF EXISTING AUTHORITY TO

24 NATO ORGANIZATIONS.—Section 2350a of title 10, United

25 States Code, is amended in subsections (a), (e)(2), and
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1 (i)(1) by inserting ‘‘or NATO organizations’’ after ‘‘major

2 allies of the United States’’ each place it appears.

3 (b) NATO ORGANIZATION DEFINED.—Subsection (i)

4 of such section is amended by adding at the end the follow5 ing new paragraph:

6 ‘‘(4) The term ‘NATO organization’ means any

7 North Atlantic Treaty Organization subsidiary body

8 referred to in section 2350(2) of this title and any

9 other organization of the North Atlantic Treaty Orga10 nization.’’.

11 SEC. 242. DEFENSE WOMEN’S HEALTH RESEARCH PRO12 GRAM.

13 (a) CONTINUATION OF PROGRAM.—The Secretary of

14 Defense shall continue the Defense Women’s Health Re15 search Program established in response to the enactment of

16 section 251 of the National Defense Authorization Act for

17 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1606).

18 (b) PARTICIPATION BY ALL MILITARY DEPART19 MENTS.—The Departments of the Army, Navy, and Air

20 Force shall each participate in the activities under the pro21 gram.

22 (c) ARMY TO BE EXECUTIVE AGENT.—The Secretary

23 of Defense shall designate the Secretary of the Army to be

24 the executive agent for administering the program.
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1 (d) PROGRAM ACTIVITIES.—The program shall include

2 the following activities regarding health risks and health

3 care for women in the Armed Forces:

4 (1) The coordination and support activities de5 scribed in section 251 of Public Law 103–160.

6 (2) Epidemiologic research regarding women de7 ployed for military operations, including research on

8 patterns of illness and injury, environmental and oc9 cupational hazards (including exposure to toxins),

10 side-effects of pharmaceuticals used by women so de11 ployed, psychological stress associated with military

12 training, deployment, combat and other traumatic in13 cidents, and other conditions of life, and human fac14 tor research regarding women so deployed.

15 (3) Development of a data base to facilitate long16 term research studies on issues related to the health

17 of women in military service, and continued develop18 ment and support of a women’s health information

19 clearinghouse to serve as an information resource for

20 clinical, research, and policy issues affecting women

21 in the Armed Forces.

22 (4) Research on policies and standards issues,

23 including research supporting the development of

24 military standards related to training, operations, de-
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1 ployment, and retention and the relationship between

2 such activities and factors affecting women’s health.

3 (5) Research on interventions having a potential

4 for addressing conditions of military service that ad5 versely affect the health of women in the Armed

6 Forces.

7 (e) IMPLEMENTATION PLAN.—If, before October 1,

8 1995, the Secretary of Defense changes the implementation

9 plan for the program that the Secretary submitted to the

10 Committees on Armed Services of the Senate and the House

11 of Representatives on May 2, 1994, the Secretary shall sub12 mit the modified plan to such committees before executing

13 the changes.

14 (f) FUNDING.—Of the amount authorized to be appro15 priated pursuant to section 201, $40,000,000 shall be avail16 able for the Defense Women’s Health Research Program re17 ferred to in subsection (a).

18 SEC. 243. REQUIREMENT FOR SUBMISSION OF ANNUAL RE19 PORT OF THE SEMICONDUCTOR TECH20 NOLOGY COUNCIL TO CONGRESS.

21 Section 273(b)(2)(I) of the National Defense Author22 ization Act for Fiscal Years 1988 and 1989 (15 U.S.C.

23 4603) is amended by inserting ‘‘and submit to Congress by

24 March 31 of each year after ‘‘Publish’’.
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1 SEC. 244. REPORT ON OCEANOGRAPHIC SURVEY AND RE2 SEARCH REQUIREMENTS TO SUPPORT LIT3 TORAL WARFARE.

4 (a) REPORT REQUIRED.—Not later than March 1,

5 1995, the Secretary of the Navy shall submit to Congress

6 a report on the oceanographic survey and research and de7 velopment requirements needed to support Navy operations

8 in littoral regions.

9 (b) CONTENT OF REPORT.—The report shall contain

10 the following:

11 (1) An identification of unique properties, in12 cluding acoustics, bathymetry, bottom type, and ocean

13 dynamics that affect shallow water operations in lit14 toral regions.

15 (2) A list of the principal littoral regions that—

16 (A) designates each region as high, medium,

17 or low priority based on the probable need for

18 Navy operations in such regions; and

19 (B) for each region, is annotated to iden20 tify—

21 (i) the date of the most recent detailed

22 survey; and

23 (ii) the extent to which that survey

24 provides insight into the region’s properties

25 identified pursuant to paragraph (1).
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1 (3) An assessment of the Navy’s current and pro2 jected access to each region for surveying purposes.

3 (4) An assessment of the ability of current ocean4 ographic survey and research assets to develop the in5 formation identified in paragraph (1).

6 SEC. 245. LANSCE/LAMPF UPGRADES.

7 Of the amounts authorized to be appropriated by sec8 tion 201(4), $20,000,000 shall be available to complete the

9 Los Alamos Neutron Scattering Experiment/Los Alamos

10 Meson Physics Facility upgrades at the Los Alamos Na11 tional Laboratory, Los Alamos, New Mexico.

12 SEC. 246. STUDY REGARDING LIVE-FIRE SURVIVABILITY

13 TESTING OF F–22 AIRCRAFT.

14 (a) REQUIREMENT.—The Secretary of Defense shall re15 quest the National Research Council of the National Acad16 emy of Sciences to conduct a study regarding the desirabil17 ity of waiving for the F–22 aircraft program the surviv18 ability tests required by section 2366(c) of title 10, United

19 States Code, and to submit to the Secretary and Congress,

20 within 180 days after the date of the enactment of this Act,

21 a report containing the conclusions of the Council regarding

22 the desirability of waiving such tests.

23 (b) CONTENT OF REPORT.—The report shall contain

24 the following matters:
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1 (1) Conclusions regarding the practicality of

2 full-scale, full-up testing for the F–22 aircraft pro3 gram.

4 (2) A discussion of the implications regarding

5 the affordability of the F–22 aircraft program of con6 ducting and of not conducting the survivability tests,

7 including an assessment of the potential life cycle

8 benefits that could be derived from full-scale, full-up

9 live fire testing in comparison to the costs of such

10 testing.

11 (3) A discussion of what, if any, changes of cir12 cumstances affecting the F–22 aircraft program have

13 occurred since completion of the milestone II program

14 review to cause the program manager to request a

15 waiver of the survivability tests for the F–22 aircraft

16 program that was not requested at that time.

17 (4) The sufficiency of the F–22 aircraft program

18 testing plans to fulfill the same requirements and

19 purposes as are provided in subsection (e)(3) of sec20 tion 2366 of title 10, United States Code, for realistic

21 survivability testing for purposes of subsection

22 (a)(1)(A) of such section.

23 (5) Any recommendations regarding surviv24 ability testing for the F–22 aircraft program that the
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1 Council considers appropriate on the basis of the

2 study.

3 SEC. 247. UNIVERSITY RESEARCH INITIATIVE SUPPORT

4 PROGRAM.

5 Of the amounts authorized to be appropriated under

6 section 201, $10,000,000 shall be available for the Univer7 sity Research Initiative Support Program established pur8 suant to section 802 of the National Defense Authorization

9 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

10 1701; 10 U.S.C. 2358 note).

11 SEC. 248. MANUFACTURING SCIENCE AND TECHNOLOGY

12 PROGRAM.

13 (a) PROGRAM AUTHORIZED.—(1) Section 2525 of title

14 10, United States Code, is amended to read as follows:

15 ‘‘SEC. 2525. MANUFACTURING SCIENCE AND TECHNOLOGY

16 PROGRAM.

17 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall

18 establish a Manufacturing Science and Technology Pro19 gram to further the national security objectives of section

20 2501(a) of this title. The Under Secretary of Defense for

21 Acquisition and Technology shall administer the program.

22 ‘‘(b) PURPOSE.—The purpose of the program is to en23 hance the capability of industry to meet the manufacturing

24 needs of the Department of Defense.
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1 ‘‘(c) EXECUTION.—The Secretary may carry out

2 projects under the program through the Secretaries of the

3 military departments and the heads of Defense Agencies.

4 ‘‘(d) COMPETITION AND COST SHARING.—(1) Com5 petitive procedures shall be used for awarding all grants

6 and entering into all contracts, cooperative agreements, and

7 other transactions under the program.

8 ‘‘(2) A grant may not be awarded under the program,

9 and a contract, cooperative agreement, or other transaction

10 may not be entered into under the program, on any basis

11 other than a cost-sharing basis unless the Secretary of De12 fense determines that the grant, contract, cooperative agree13 ment, or other transaction, as the case may be, is for a pro14 gram that—

15 ‘‘(A) is not likely to have any immediate and di16 rect commercial application; or

17 ‘‘(B) is of sufficiently high risk to discourage cost

18 sharing by non-Federal Government sources.’’.

19 (2) The item relating to section 2525 in the table of

20 sections at the beginning of subchapter IV of chapter 148

21 of such title is amended to read as follows:

‘‘2525. Manufacturing Science and Technology Program.’’.

22 (b) FUNDING.—Of the amounts appropriated pursuant

23 to section 201, not more than $125,000,000 shall be avail24 able for the Manufacturing Science and Technology Pro-
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1 gram under section 2525 of title 10, United States Code

2 (as amended by subsection (a)), of which—

3 (1) not more than $30,000,000 shall be available

4 for the Army;

5 (2) not more than $35,000,000 shall be available

6 for the Navy;

7 (3) not more than $50,000,000 shall be available

8 for the Air Force; and

9 (4) not more than $10,000,000 shall be available

10 for the Defense Logistics Agency.

11 SEC. 249. DEFENSE EXPERIMENTAL PROGRAM TO STIMU12 LATE COMPETITIVE RESEARCH.

13 (a) PROGRAM REQUIRED.—The Secretary of Defense,

14 acting through the Director of Defense Research and Engi15 neering, shall carry out a Defense Experimental Program

16 to Stimulate Competitive Research (DEPSCoR) as part of

17 the university research programs of the Department of De18 fense.

19 (b) PROGRAM OBJECTIVES.—The objectives of the pro20 gram are as follows:

21 (1) To enhance the capabilities of institutions of

22 higher education in eligible States to develop, plan,

23 and execute science and engineering research that is

24 competitive under the peer-review systems used for

25 awarding Federal research assistance.
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1 (2) To increase the probability of long-term

2 growth in the competitively awarded financial assist3 ance that institutions of higher education in eligible

4 States receive from the Federal Government for

5 science and engineering research.

6 (c) PROGRAM ACTIVITIES.—In order to achieve the

7 program objectives, the following activities are authorized

8 under the program:

9 (1) Competitive award of research grants.

10 (2) Competitive award of financial assistance for

11 graduate students.

12 (d) ELIGIBLE STATES.—(1) The Director of the Na13 tional Science Foundation shall designate which States are

14 eligible States for the purposes of this section and shall no15 tify the Director of Defense Research and Engineering of

16 the States so designated.

17 (2) The Director of the National Science Foundation

18 shall designate a State as an eligible State if, as determined

19 by the Director—

20 (A) the institutional average amount of Federal

21 financial assistance for research and development re22 ceived by the institutions of higher education in the

23 State for the fiscal year preceding the fiscal year for

24 which the designation is effective, or for the last fiscal

25 year for which statistics are available, is less than the
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1 amount equal to 50 percent of the national institu2 tional average amount of Federal financial assistance

3 for research and development received by the institu4 tions of higher education in the United States for

5 such preceding or last fiscal year, as the case may be;

6 (B) the State has demonstrated a commitment to

7 developing research bases in the State and to improv8 ing science and engineering research and education

9 programs at institutions of higher education in the

10 State; and

11 (C) the State is an eligible State for purposes of

12 the Experimental Program to Stimulate Competitive

13 Research conducted by the National Science Founda14 tion.

15 (e) COORDINATION WITH SIMILAR FEDERAL PRO16 GRAMS.—(1) The Secretary shall consult with the Director

17 of the National Science Foundation and the Director of the

18 Office of Science and Technology Policy in the planning,

19 development, and execution of the program and shall co20 ordinate the program with the Experimental Program to

21 Stimulate Competitive Research conducted by the National

22 Science Foundation and with similar programs sponsored

23 by other departments and agencies of the Federal Govern24 ment.
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1 (2) All solicitations under the Defense Experimental

2 Program to Stimulate Competitive Research shall be made

3 to, and all awards shall be made through, the State commit4 tees established for purposes of the Experimental Program

5 to Stimulate Competitive Research conducted by the Na6 tional Science Foundation.

7 (3) A State committee referred to in paragraph (2)

8 shall ensure that activities carried out in the State of that

9 committee under the Defense Experimental Program to

10 Stimulate Competitive Research are coordinated with the

11 activities carried out in the State under other similar ini12 tiatives of the Federal Government to stimulate competitive

13 research.

14 SEC. 250. STUDY ON BEAMING HIGH POWER LASER ENERGY

15 TO SATELLITES.

16 (a) STUDY.—(1) The Secretary of Defense and the Ad17 ministrator of the National Aeronautics and Space Admin18 istration shall jointly carry out a study to determine the

19 cost, feasibility, and advisability of the development and

20 utilization of a system to deliver energy to satellites by

21 beaming high power laser energy from ground sources.

22 (2) In determining the cost, feasibility, and advisabil23 ity of the system referred to in paragraph (1), the Secretary

24 and the Administrator shall take into account the impact

25 on the environment of the development and utilization of
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1 the system and the effect, if any, of the development and

2 utilization of the system on the arms control efforts or obli3 gations of the United States.

4 (3) In carrying out the study, the Secretary and the

5 Administrator shall consider the development of a space en6 ergy laser (SELENE) system using a free electron laser at

7 the Naval Air Weapons Station, China Lake, California.

8 (b) REPORT.—The Secretary and the Administrator

9 shall jointly submit to the congressional defense committees

10 a report on the study required under subsection (a). The

11 Secretary and the Administrator shall submit the report not

12 later than July 1, 1995.

13 SEC. 251. ADVANCED THREAT RADAR JAMMER.

14 (a) LIMITATION REGARDING JOINT DEVELOPMENT

15 PROGRAM WITH CERTAIN FOREIGN ENTITIES.—The Sec16 retary of Defense may not negotiate or enter into any agree17 ment with, nor accept funds from, a foreign government or

18 an entity controlled by a foreign government for a joint pro19 gram for the development of an advanced threat radar

20 jammer for combat helicopters until 30 days after the Sec21 retary, in consultation with the Secretary of State, the Sec22 retary of the Army, and the Director of the Defense Security

23 Assistance Agency, conducts a comprehensive review of the

24 program and submits a report on the results of that review

25 to the congressional defense committees.
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1 (b) MATTERS COVERED BY REVIEW AND REPORT.—

2 The matters relating to the program referred to in sub3 section (a) that are required to be covered by the review

4 and report are as follows:

5 (1) The legal basis for seeking for the program

6 funds that are neither authorized to be appropriated

7 nor appropriated.

8 (2) The consistency of the program with the De9 partment of Defense policy that no foreign military

10 sale of a defense system, and no commitment to for11 eign military sale of a defense system, be made before

12 operational test and evaluation of the system is suc13 cessfully completed and the Under Secretary of De14 fense for Acquisition and Technology has specifically

15 approved the system for sale to a foreign government.

16 (3) The mission requirement for an advanced

17 threat radar jammer for combat helicopters.

18 (4) An assessment of each threat for which an

19 advanced threat radar jammer would be developed,

20 particularly with regard to each threat to a foreign

21 country with which the United States would jointly

22 develop an advanced threat radar jammer.

23 (5) The potential for sensitive electronic warfare

24 technology to be made available to potential adversar-
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1 ies of the United States as a result of United States

2 participation in the program.

3 (6) The availability of other nondevelopmental

4 items and less sophisticated technologies for counter5 ing the emerging radar detection threats to United

6 States combat helicopters and combat helicopters of

7 United States allies.

8 (7) A capability assessment of similar tech9 nologies available from other foreign countries and the

10 consequences of proliferation of such technologies in

11 regions of potential conflict.

12 (c) INAPPLICABILITY TO MAJOR ALLIES OF THE UNIT13 ED STATES.—This section does not apply with respect to

14 a major ally of the United States.

15 (d) DEFINITIONS.—In this section:

16 (1) The term ‘‘entity controlled by a foreign gov17 ernment’’ includes—

18 (A) any domestic or foreign organization or

19 corporation that is effectively owned or con20 trolled by a foreign government; and

21 (B) any individual acting on behalf of a

22 foreign government,

23 as determined by the Secretary of Defense. Such term

24 does not include an organization or corporation that

25 is owned, but is not controlled, either directly or indi-
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1 rectly, by a foreign government if the ownership of

2 that organization or corporation by that foreign gov3 ernment was effective before October 23, 1992.

4 (2) The term ‘‘major ally of the United States’’

5 has the meaning given such term in section

6 2350a(i)(2) of title 10, United States Code.

7 TITLE III—OPERATION AND

8 MAINTENANCE

9 Subtitle A—Authorization of

10 Appropriations

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

12 Funds are hereby authorized to be appropriated for fis13 cal year 1995 for the use of the Armed Forces and other

14 activities and agencies of the Department of Defense for ex15 penses, not otherwise provided for, for operation and main16 tenance in amounts as follows:

17 (1) For the Army, $17,542,914,000.

18 (2) For the Navy, $21,326,470,000.

19 (3) For the Marine Corps, $2,096,695,000.

20 (4) For the Air Force, $18,789,023,000.

21 (5) For Defense-wide activities, $9,994,325,000.

22 (6) For Medical Programs, Defense,

23 $9,854,459,000.

24 (7) For the Army Reserve, $1,253,709,000.

25 (8) For the Naval Reserve, $828,319,000.
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1 (9) For the Marine Corps Reserve, $81,462,000.

2 (10) For the Air Force Reserve, $1,478,990,000.

3 (11) For the Army National Guard,

4 $2,452,148,000.

5 (12) For the Air National Guard,

6 $2,780,178,000.

7 (13) For the National Board for the Promotion

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

9 (14) For the Defense Inspector General,

10 $140,798,000.

11 (15) For Drug Interdiction and Counter-drug

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

13 (16) For the United States Court of Appeals for

14 the Armed Services, $6,126,000.

15 (17) For Environmental Restoration, Defense,

16 $2,180,200,000.

17 (18) For Humanitarian Assistance, $71,900,000.

18 (19) For Former Soviet Union Threat Reduc19 tion, $400,000,000.

20 (20) For the Contributions for International

21 Peacekeeping and Peace Enforcement Activities Fund,

22 $300,000,000.

23 (21) For support for the 1996 Summer Olym24 pics, $10,000,000.
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1 SEC. 302. WORKING CAPITAL FUNDS.

2 Funds are hereby authorized to be appropriated for fis3 cal year 1995 for the use of the Armed Forces and other

4 activities and agencies of the Department of Defense for

5 providing capital for working capital and revolving funds

6 in amounts as follows:

7 (1) For the Defense Business Operations Fund,

8 $798,400,000.

9 (2) For the National Defense Sealift Fund,

10 $227,800,000.

11 SEC. 303. ARMED FORCES RETIREMENT HOME FUNDING.

12 There is hereby authorized to be appropriated for fiscal

13 year 1995 from the Armed Forces Retirement Home Trust

14 Fund the sum of $59,317,000 for the operation of the Armed

15 Forces Retirement Home, including the United States Sol16 diers’ and Airmen’s Home and the Naval Home.

17 SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND

18 OBLIGATIONS.

19 During fiscal year 1995, $14,300,000 is authorized to

20 be obligated from the National Security Education Trust

21 Fund established by section 804(a) of the David L. Boren

22 National Security Education Act of 1991 (50 U.S.C.

23 1904(a)).
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1 SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

2 TRANSACTION FUND.

3 (a) TRANSFER AUTHORITY.—To the extent provided in

4 appropriations Acts, not more than $250,000,000 is author5 ized to be transferred from the National Defense Stockpile

6 Transaction Fund to operation and maintenance accounts

7 for fiscal year 1995 in amounts as follows:

8 (1) For the Army, $50,000,000.

9 (2) For the Navy, $50,000,000.

10 (3) For the Air Force, $50,000,000.

11 (4) For Defense-wide activities, $100,000,000.

12 (b) TREATMENT OF TRANSFERS.—Amounts trans13 ferred under this section—

14 (1) shall be merged with, and be available for the

15 same purposes and the same period as, the amounts

16 in the accounts to which transferred; and

17 (2) may not be expended for an item that has

18 been denied authorization of appropriations by Con19 gress.

20 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR21 ITY.—The transfer authority provided in this section is in

22 addition to the transfer authority provided in section 1001.

23 SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS

24 WORLD GAMES.

25 (a) AUTHORITY TO PROVIDE SUPPORT.—The Sec26 retary of Defense may provide logistical support and per-
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1 sonnel services in connection with the 1995 Special Olym2 pics World Games to be held in New Haven, Connecticut.

3 (b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—

4 (1) Except as provided in paragraph (2), the costs for pay

5 and nontravel-related allowances of members of the Armed

6 Forces for the support and services referred to in subsection

7 (a) may not be charged to appropriations made pursuant

8 to the authorization of appropriations in subsection (c).

9 (2) Paragraph (1) does not apply in the case of mem10 bers of a reserve component called or ordered to active duty

11 to provide logistical support and personnel services for the

12 1995 Special Olympics World Games.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated $3,000,000 for the Depart15 ment of Defense for fiscal year 1995 to carry out subsection

16 (a).

17 SEC. 307. AIR NATIONAL GUARD FIGHTER AIRCRAFT.

18 (a) FINDINGS.—Congress makes the following findings:

19 (1) The Bottom-Up Review force structure pro20 posal would accomplish most of the remaining reduc21 tions in the total number of Air Force general pur22 pose fighter wings by reducing the Air National

23 Guard and Air Force Reserve fighter force from 10

24 wings to 7 wings.
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1 (2) The current plan for implementing the reduc2 tion referred to in paragraph (1) is to reduce the

3 number of fighter aircraft in each Air National

4 Guard fighter unit from 24 or 18 primary aircraft

5 authorized to 15 primary aircraft authorized and to

6 convert some Air National Guard fighter units to

7 other purposes.

8 (3) The number of Air National Guard Combat

9 Readiness Training Centers in operation during fis10 cal year 1995 should not be less than the number of

11 such centers in operation at the end of fiscal year

12 1994.

13 (4) The Commission on Roles and Missions of

14 the Armed Forces established by section 952 of the

15 National Defense Authorization Act for Fiscal Year

16 1994 (Public Law 103–160; 10 U.S.C. 111 note; 107

17 Stat. 1738) is required to submit to Congress a report

18 under section 954(b) of such Act on possible changes

19 to existing allocations among the Armed Forces of

20 military roles, missions, and functions.

21 (5) The Commission is not expected to submit

22 the report until the middle of fiscal year 1995.

23 (6) The report of the Commission should contain

24 a review of and recommendations on the assignment

25 of roles and missions to units of the Air National
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1 Guard and the Air Force Reserve in relation to active

2 component units that are the counterparts to such

3 units and on requirements for resources for training

4 of such units.

5 (b) REQUIREMENT.—After submission of the report re6 ferred to in paragraph (3), the Secretary of Defense shall

7 review its findings on the role and requirements for general

8 purpose fighter units of the Air National Guard, and shall

9 complete within 30 days a study which recommends the ap10 propriate level of primary aircraft authorized (PAA) for

11 such units, following which, if the Secretary determines

12 changes in that level are appropriate, he may notify the

13 Congress of his determination and he may seek any

14 reprogramming of funds that he considers appropriate to

15 ensure that such changes are implemented.

16 Subtitle B—Defense Business

17 Operations Fund

18 SEC. 311. PERMANENT AUTHORITY FOR USE OF FUND FOR

19 MANAGING WORKING CAPITAL FUNDS AND

20 CERTAIN ACTIVITIES.

21 Section 316(a) of the National Defense Authorization

22 Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208 note)

23 is amended by striking out ‘‘During’’ and all that follows

24 through ‘‘December 31, 1994, the’’ and inserting in lieu

25 thereof ‘‘The’’.
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1 SEC. 312. IMPLEMENTATION OF IMPROVEMENT PLAN.

2 (a) PROGRESS REPORT ON IMPLEMENTATION.—Not

3 later than February 1, 1995, the Secretary of Defense shall

4 submit to the congressional defense committees a report on

5 the progress made in implementing the Defense Business

6 Operations Fund Improvement Plan, dated September,

7 1993. The report shall describe the progress made in reach8 ing the milestones established in the plan and provide an

9 explanation for the failure to meet any of the milestones.

10 The Secretary shall submit a copy of the report to the

11 Comptroller General of the United States at the same time

12 the Secretary submits the report to the congressional defense

13 committees.

14 (b) RESPONSIBILITIES OF THE COMPTROLLER GEN15 ERAL.—(1) The Comptroller General shall monitor and

16 evaluate the progress of the Department of Defense in devel17 oping and implementing the improvement plan referred to

18 in subsection (a).

19 (2) Not later than March 1, 1995, the Comptroller Gen20 eral shall submit to the congressional defense committees a

21 report containing the following:

22 (A) The findings and conclusions of the Comp23 troller General resulting from the monitoring and

24 evaluation conducted under paragraph (1).
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1 (B) An evaluation of the progress report submit2 ted to the congressional defense committees by the Sec3 retary of Defense pursuant to subsection (a).

4 (C) Any recommendations for legislation or ad5 ministrative action concerning the Fund that the

6 Comptroller General considers appropriate.

7 SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAP8 ITAL ASSET FUND.

9 The Secretary of Defense may not incur obligations

10 against funds in the capital asset subaccount of the Defense

11 Business Operations Fund during fiscal year 1995 in a

12 total amount in excess of $1,500,000.

13 SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUP14 PLY MANAGEMENT DIVISIONS.

15 (a) LIMITATION.—(1) The Secretary of Defense may

16 not incur obligations against the supply management divi17 sions of the Defense Business Operations Fund during fiscal

18 year 1995 in a total amount in excess of 65 percent of the

19 total amount derived from sales from such divisions during

20 that fiscal year.

21 (2) For purposes of determining the amount of obliga22 tions incurred against, and sales from, such divisions dur23 ing fiscal year 1995, the Secretary shall exclude obligations

24 and sales for fuel, commissary and subsistence items, retail

25 operations, repair of equipment and spare parts in support
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1 of repair, direct vendor deliveries, foreign military sales,

2 initial outfitting requiring equipment furnished by the Fed3 eral Government, and the cost of operations.

4 (b) WAIVER AUTHORITY.—The Secretary of Defense

5 may waive the limitation in subsection (a) if the Secretary

6 determines that such waiver is necessary in order to main7 tain the readiness and combat effectiveness of the Armed

8 Forces. The Secretary shall immediately notify Congress of

9 any such waiver and the reasons for such waiver.

10 (c) DETERMINATIONS OF EFFECTS OF LIMITATION ON

11 READINESS AND COMBAT EFFECTIVENESS.—Not later than

12 60 days after the date of the enactment of this Act, the sec13 retaries of the military departments and the Director of the

14 Defense Logistics Agency shall each submit to the Secretary

15 of Defense a report containing the views of such official on

16 the effects of the limitation in subsection (a) on the ability

17 of the Department of Defense to maintain the readiness and

18 combat effectiveness of the Armed Forces. If the Secretary

19 of Defense determines, after considering the reports, that the

20 limitation will impair the readiness and combat effective21 ness of any of the Armed Forces, the Secretary shall exercise

22 the waiver authority provided in subsection (b).
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1 Subtitle C—Environmental Matters

2 SEC. 321. PROHIBITION ON THE PURCHASE OF SURETY

3 BONDS AND OTHER GUARANTEES FOR THE

4 DEPARTMENT OF DEFENSE.

5 No funds appropriated or otherwise made available to

6 the Department of Defense for fiscal year 1995 may be obli7 gated or expended for the purchase of surety bonds or other

8 guarantees of financial responsibility in order to guarantee

9 the performance of any direct function of the Department

10 of Defense.

11 SEC. 322. EXTENSION OF PROHIBITION ON USE OF ENVI12 RONMENTAL RESTORATION FUNDS FOR PAY13 MENT OF FINES AND PENALTIES.

14 None of the funds appropriated for fiscal year 1995

15 pursuant to the authorization of appropriations provided

16 in section 301(17) may be used for the payment of a fine

17 or penalty imposed against the Department of Defense un18 less the act or omission for which the fine or penalty is

19 imposed arises out of activities funded by the account.

20 SEC. 323. PARTICIPATION OF INDIAN TRIBES IN AGREE21 MENTS FOR DEFENSE ENVIRONMENTAL RES22 TORATION.

23 Section 2701(d) of title 10, United States Code, is

24 amended—
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1 (1) by striking out ‘‘SERVICE OF OTHER AGEN2 CIES.—The Secretary’’ and inserting in lieu thereof

3 the following: ‘‘SERVICE OF OTHER AGENCIES.—

4 ‘‘(1) IN GENERAL.—The Secretary’’;

5 (2) in paragraph (1), as so designated, by insert6 ing ‘‘any Federally recognized Indian tribe or’’ before

7 ‘‘any State or local government agency,’’; and

8 (3) by adding at the end the following:

9 ‘‘(2) DEFINITION.—For purposes of this sub10 section, the term ‘Indian tribe’ has the meaning given

11 such term in section 101(36) of the Comprehensive

12 Environmental Response, Compensation, and Liabil13 ity Act of 1980 (42 U.S.C. 9701(36)).’’.

14 SEC. 324. EXTENSION OF AUTHORITY TO ISSUE SURETY

15 BONDS FOR CERTAIN ENVIRONMENTAL PRO16 GRAMS.

17 Section 2701(j) of title 10, United States Code, is

18 amended by striking out ‘‘December 31, 1995’’ and insert19 ing in lieu thereof ‘‘December 31, 1999’’.
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1 Subtitle D—Matters Relating to De2 partment of Defense Civilian

3 Employees

4 SEC. 331. EXTENSION OF CERTAIN TRANSITION ASSIST5 ANCE AUTHORITIES.

6 (a) REDUCTION-IN-FORCE NOTIFICATION REQUIRE7 MENTS.—Section 4433(b)(2) of the Defense Conversion, Re8 investment, and Transition Assistance Act of 1992 (division

9 D of Public Law 102–484; 106 Stat. 2721; 5 U.S.C. 3502

10 note) is amended by striking out ‘‘February 1, 1998’’ and

11 inserting in lieu thereof ‘‘February 1, 2000’’.

12 (b) SEPARATION PAY.—(1) Section 5597(e) of title 5,

13 United States Code, is amended by striking out ‘‘September

14 30, 1997’’ and inserting in lieu thereof ‘‘September 30,

15 1999’’.

16 (2) Section 4436(d)(2) of the Defense Conversion, Re17 investment, and Transition Assistance Act of 1992 (5

18 U.S.C. 8348 note) is amended by striking out ‘‘January

19 1, 1998’’ and inserting in lieu thereof ‘‘January 1, 2000’’.

20 (c) RESTORATION OF CERTAIN LEAVE.—Section

21 6304(d)(3) of title 5, United States Code, is amended by

22 striking out ‘‘the closure of an installation’’ and inserting

23 in lieu thereof ‘‘the closure of an installation of the Depart24 ment of Defense pursuant to the Defense Base Closure and

25 Realignment Act of 1990 (part A of title XXIX of Public
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1 Law 101–510; 10 U.S.C. 2687 note) during any period, and

2 the closure of any other installation’’.

3 (d) CONTINUED HEALTH BENEFITS.—Section

4 8905a(d)(4)(B) of title 5, United States Code, is amended—

5 (1) by striking out ‘‘October 1, 1997’’ each place

6 it appears and inserting in lieu thereof ‘‘October 1,

7 1999’’; and

8 (2) in clause (ii), by striking out ‘‘February 1,

9 1998,’’ and inserting in lieu thereof ‘‘February 1,

10 2000,’’.

11 SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO

12 CONDUCT PERSONNEL DEMONSTRATION

13 PROJECTS.

14 (a) CHINA LAKE DEMONSTRATION PROJECT.—(1) Sec15 tion 6 of the Civil Service Miscellaneous Amendments Act

16 of 1983 (Public Law 98–224; 98 Stat. 49) is amended by

17 striking out ‘‘September 30, 1995,’’.

18 (2) In the event of a reorganization of the organization

19 carrying out the personnel demonstration project referred

20 to in section 6 of Public Law 98–224, such section shall

21 apply with respect to the successor to that organization.

22 (b) DEFENSE LABORATORIES PERSONNEL DEM23 ONSTRATION PROJECTS.—(1) The Secretary of Defense may

24 carry out personnel demonstration projects at Department

25 of Defense laboratories designated by the Secretary as De-
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1 partment of Defense science and technology reinvention lab2 oratories.

3 (2) Each personnel demonstration project carried out

4 under the authority of paragraph (1) shall be similar to

5 the personnel demonstration project that is authorized by

6 section 6 of Public Law 98–224 to be continued at the Naval

7 Weapons Center, China Lake, California, and at the Naval

8 Ocean Systems Center, San Diego, California.

9 (3) If the Secretary carries out a demonstration project

10 at a laboratory pursuant to paragraph (1), section 4703

11 (other than subsection (d)) of title 5, United States Code,

12 shall apply to such demonstration project, except that the

13 authority of the Secretary to carry out the demonstration

14 project is that which is provided in paragraph (1) rather

15 than the authority that is provided in such section 4703.

16 SEC. 333. LIMITATION ON PAYMENT OF SEVERANCE PAY TO

17 CERTAIN EMPLOYEES TRANSFERRING TO EM18 PLOYMENT POSITIONS IN

19 NONAPPROPRIATED FUND INSTRUMENTAL20 ITIES.

21 (a) IN GENERAL.—Section 5595 of title 5, United

22 States Code, is amended by adding at the end the following:

23 ‘‘(h)(1) Severance pay under this section may not be

24 paid to—
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1 ‘‘(A) a person described in paragraph (4)(A)

2 during any period in which the person is employed

3 in a defense nonappropriated fund instrumentality;

4 or

5 ‘‘(B) a person described in paragraph (4)(B)

6 during any period in which the person is employed

7 in a Coast Guard nonappropriated fund instrumen8 tality.

9 ‘‘(2)(A) Except as provided in subparagraph (B), pay10 ment of severance pay to a person referred to in paragraph

11 (1) may be resumed upon any involuntary separation of

12 the person from the position of employment in a

13 nonappropriated fund instrumentality, not by removal for

14 cause on charges of misconduct, delinquency, or ineffi15 ciency.

16 ‘‘(B) Payment of severance pay may not be resumed

17 under subparagraph (A) in the case of a person who, upon

18 separation, is entitled to immediate payment of retired or

19 retainer pay as a member or former member of the uni20 formed services or to an immediate annuity under—

21 ‘‘(i) a retirement system for persons retiring

22 from employment by a nonappropriated fund instru23 mentality;

24 ‘‘(ii) subchapter III of chapter 83 of this title;

25 ‘‘(iii) subchapter II of chapter 84 of this title; or
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1 ‘‘(iv) any other retirement system of the Federal

2 Government for persons retiring from employment by

3 the Federal Government.

4 ‘‘(3) Upon resumption of payment of severance pay

5 under paragraph (2)(A) in the case of a person separated

6 as described in such paragraph, the amount of the severance

7 pay so payable for a period shall be reduced (but not below

8 zero) by the portion (if any) of the amount of any severance

9 pay payable for such period to the person by the

10 nonappropriated fund instrumentality that is attributable

11 to credit for service taken into account under subsection (c)

12 in the computation of the amount of the severance pay so

13 resumed.

14 ‘‘(4) Paragraph (1) applies to a person who, on or

15 after January 1, 1987, moves without a break in service—

16 ‘‘(A) from employment in the Department of De17 fense that is not employment in a defense

18 nonappropriated fund instrumentality to employment

19 in a defense nonappropriated fund instrumentality;

20 or

21 ‘‘(B) from employment in the Coast Guard that

22 is not employment in a Coast Guard

23 nonappropriated fund instrumentality to employment

24 in a Coast Guard nonappropriated fund instrumen25 tality.
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1 ‘‘(5) The Secretary of Defense, in consultation with the

2 Secretary of Transportation, shall prescribe regulations to

3 carry out this subsection.

4 ‘‘(6) In this subsection:

5 ‘‘(A) The term ‘defense nonappropriated fund in6 strumentality’ means a nonappropriated fund instru7 mentality of the Department of Defense.

8 ‘‘(B) The term ‘Coast Guard nonappropriated

9 fund instrumentality’ means a nonappropriated fund

10 instrumentality of the Coast Guard.

11 ‘‘(C) The term ‘nonappropriated fund instru12 mentality’ means a nonappropriated fund instrumen13 tality described in section 2105(c) of this title.’’.

14 (b) APPLICABILITY.—Subsection (h) of section 5595 of

15 title 5, United States Code, as added by subsection (a), shall

16 take effect on the date of the enactment of this Act and

17 apply with respect to pay periods that begin on or after

18 such date.

19 SEC. 334. RETIREMENT CREDIT FOR CERTAIN SERVICE IN

20 NONAPPROPRIATED FUND INSTRUMENTAL21 ITIES BEFORE JANUARY 1, 1987.

22 (a) STUDY REQUIRED.—The Secretary of Defense shall

23 conduct a study to determine the level of interest among

24 employees of the Department of Defense referred to in sub25 section (b) in obtaining credit under the Civil Service Re-
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1 tirement and Disability System or the Federal Employees’

2 Retirement System for former service described in such sub3 section as an employee of a nonappropriated fund instru4 mentality of the United States.

5 (b) EMPLOYEES CONCERNED.—The employees referred

6 to in subsection (a) are employees who, for at least 12

7 months during the period beginning on January 1, 1966,

8 and ending on December 31, 1986, performed service as an

9 employee described in section 2105(c) of title 5, United

10 States Code, conducting a program described in section

11 8332(b)(16)(A) of such title.

12 (c) CONDUCT OF STUDY.—In carrying out the study

13 under subsection (a), the Secretary shall—

14 (1) provide an opportunity for all employees re15 ferred to in that subsection to express interest in ob16 taining retirement credit for the former service in a

17 nonappropriated fund instrumentality of the United

18 States; and

19 (2) inform such employees that deposits to the

20 Civil Service Retirement and Disability Fund would

21 be required of the interested employees under section

22 8334(c) of title 5, United States Code, or section

23 8411(f) of such title.

24 (d) REPORT.—Not later than February 1, 1995, the

25 Secretary shall submit to Congress a report on the results
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1 of the study required by subsection (a). The report shall con2 tain the following matters:

3 (1) An analysis of the issues, to include existing

4 legal rights of the employees described in paragraph

5 (b) above under the Civil Service Retirement Disabil6 ity System or the Federal Employees’ Retirement

7 System.

8 (2) An Analysis of the inequities, if any, that

9 may have been caused by conversion from employ10 ment by nonappropriated fund instrumentalities of

11 the United States to employment by the Department

12 of Defense.

13 (3) The number of full time and part time em14 ployees described in paragraph (b) above that are af15 fected by any inequities described in paragraph (2).

16 (4) The Department of Defense recommendations,

17 if any, to redress any inequities described in para18 graph (2), and

19 (5) The cost to the Federal Government of any

20 recommendation described in paragraph (4).
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1 SEC. 335. TRAVEL, TRANSPORTATION, AND RELOCATION

2 EXPENSES OF EMPLOYEES TRANSFERRING

3 TO THE UNITED STATES POSTAL SERVICE.

4 (a) IN GENERAL.—(1) Subchapter II of chapter 57 of

5 title 5, United States Code, is amended by adding at the

6 end the following:

7 ‘‘§ 5735. Travel, transportation, and relocation ex8 penses of employees transferring to the

9 United States Postal Service

10 ‘‘(a) IN GENERAL.—Notwithstanding any other provi11 sion of law, employees of the Department of Defense de12 scribed in subsection (b) may be authorized travel, trans13 portation, and relocation expenses and allowances in con14 nection with appointments referred to in such subsection

15 under the same conditions and to the same extent author16 ized by this subchapter for transferred employees.

17 ‘‘(b) COVERED EMPLOYEES.—Subsection (a) applies to

18 any employee of the Department of Defense who—

19 ‘‘(1) is scheduled for separation from the Depart20 ment, other than for cause;

21 ‘‘(2) is selected for appointment to a continuing

22 position with the United States Postal Service; and

23 ‘‘(3) accepts the appointment.’’.

24 (2) The table of sections at the beginning of such sub25 chapter is amended by adding at the end the following:
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‘‘5735. Travel, transportation, and relocation expenses of employees transferring

to the United States Postal Service.’’.

1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall take effect on the date of the enactment

3 of this Act and apply to persons separated from employ4 ment by the Department of Defense on or after such date.

5 SEC. 336. FOREIGN EMPLOYEES COVERED BY THE FOREIGN

6 NATIONAL EMPLOYEES SEPARATION PAY AC7 COUNT.

8 Section 1581 of title 10, United States Code, is amend9 ed—

10 (1) by striking out ‘‘foreign national employees

11 of the Department of Defense’’ each place it appears

12 in subsections (a) and (b) and inserting in lieu there13 of ‘‘foreign nationals referred to in subsection (e)’’;

14 and

15 (2) by striking out subsection (e) and inserting

16 in lieu thereof the following:

17 ‘‘(e) EMPLOYEES COVERED.—This section applies only

18 with respect to separation pay of foreign nationals em19 ployed by the Department of Defense, and foreign nationals

20 employed by a foreign government for the benefit of the De21 partment of Defense, under any of the following agreements

22 that provide for payment of separation pay:

23 ‘‘(1) A contract.

24 ‘‘(2) A treaty.
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1 ‘‘(3) A memorandum of understanding with a

2 foreign nation.

3 SEC. 337. INCREASED AUTHORITY TO ACCEPT VOLUNTARY

4 SERVICES.

5 (a) EXPANSION OF AUTHORITY.—The text of section

6 1588 of title 10, United States Code, is amended to read

7 as follows:

8 ‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject sub9 section (b) and notwithstanding section 1342 of title 31,

10 the Secretary concerned may accept from any person the

11 following services:

12 ‘‘(1) Voluntary medical services, dental services,

13 nursing services, or other health-care related services.

14 ‘‘(2) Voluntary services to be provided for a mu15 seum or a natural resources program.

16 ‘‘(3) Voluntary services to be provided for pro17 grams providing services to members of the armed

18 forces and the families of such members, including the

19 following programs:

20 ‘‘(A) Family support programs.

21 ‘‘(B) Child development and youth services

22 programs.

23 ‘‘(C) Library and education programs.

24 ‘‘(D) Religious programs.

25 ‘‘(E) Housing referral programs.
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1 ‘‘(F) Programs providing employment as2 sistance to spouses of such members.

3 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The Sec4 retary concerned shall notify the person of the scope of the

5 services accepted.

6 ‘‘(2) With respect to a person providing voluntary

7 services accepted under subsection (a), the Secretary con8 cerned—

9 ‘‘(A) shall—

10 ‘‘(i) supervise the person to the same extent

11 as the Secretary would supervise a compensated

12 employee providing similar services; and

13 ‘‘(ii) ensure that the person is licensed,

14 privileged, has appropriate credentials, or is oth15 erwise qualified under applicable law or regula16 tions to provide such services; and

17 ‘‘(B) may not—

18 ‘‘(i) place the person in a policy-making po19 sition; or

20 ‘‘(ii) except as provided subsection (e), com21 pensate the person for the provision of such serv22 ices.

23 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS

24 PROVIDING SERVICES.—The Secretary concerned may re-
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1 cruit and train persons to provide voluntary services ac2 cepted under subsection (a).

3 ‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—(1)

4 Subject to paragraph (3), while providing voluntary serv5 ices accepted under subsection (a) or receiving training

6 under subsection (c) a person, other than a person referred

7 to in paragraph (2), shall be considered to be an employee

8 of the Federal Government only for purposes of the following

9 provisions of law:

10 ‘‘(A) Subchapter I of chapter 81 of title 5, relat11 ing to compensation for work-related injuries.

12 ‘‘(B) Section 2733 of this title and section 2733

13 of title 28, relating to claims for damages or loss.

14 ‘‘(C) Section 522a of title 5, relating to mainte15 nance of records on individuals.

16 ‘‘(D) Chapter 11 of title 18, relating to conflicts

17 of interest.

18 ‘‘(2) Subject to paragraph (3), while providing a

19 nonappropriated fund instrumentality of the United States

20 with voluntary services accepted under subsection (a), or

21 receiving training under subsection (c) to provide such an

22 instrumentality with services accepted under subsection (a),

23 a person shall be considered an employee of that instrumen24 tality only for the following purposes:
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1 ‘‘(A) Subchapter II of chapter 81 of title 5, relat2 ing to compensation of nonappropriated fund employ3 ees for work-related injuries.

4 ‘‘(B) Section 2733 of this title and section 2733

5 of title 28, relating to tort claims.

6 ‘‘(3) A person providing voluntary services accepted

7 under subsection (a) shall be considered to be an employee

8 of the Federal Government under paragraph (1) or (2) only

9 with respect to services that are within the scope of the serv10 ices so accepted.

11 ‘‘(4) For purposes of determining the compensation for

12 work-related injuries payable under chapter 81 of title 5

13 (pursuant to this subsection) to a person providing vol14 untary services accepted under subsection (a), the monthly

15 pay of the person for such services shall be deemed to be

16 the amount determined by multiplying—

17 ‘‘(A) the average monthly number of hours that

18 the person provided the services, by

19 ‘‘(B) the minimum wage determined in accord20 ance with section 6(a)(1) of the Fair Labor Stand21 ards Act of 1938 (29 U.S.C. 206(a)(1)).

22 ‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

23 The Secretary concerned may provide for reimbursement of

24 a person for incidental expenses incurred by the person in

25 providing voluntary services accepted under subsection (a).
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1 The Secretary shall determine which expenses are eligible

2 for reimbursement under this subsection. Any such reim3 bursement may be made from appropriated or

4 nonappropriated funds.’’.

5 (b) CONFORMING AND TECHNICAL AMENDMENTS.—(1)

6 Section 8171(a) of title 5, United States Code, is amended

7 by inserting ‘‘, or to a volunteer providing such an instru8 mentality with services accepted under section 1588 of title

9 10,’’ after ‘‘described by section 2105(c) of this title’’.

10 (2) Subchapter II of chapter 81 of such title is amend11 ed—

12 (A) in section 8171—

13 (i) in subsection (a)—

14 (I) by striking out ‘‘Chapter 18 of title

15 33’’ in the first sentence and inserting in

16 lieu thereof ‘‘The Longshore and Harbor

17 Workers’ Compensation Act (33 U.S.C. 901

18 et seq.)’’;

19 (II) by striking out ‘‘section 902(2) of

20 title 33’’ in the first sentence and inserting

21 in lieu thereof ‘‘section 2(2) of such Act (33

22 U.S.C. 902(2))’’; and

23 (III) by striking out ‘‘section 903(a) of

24 title 33 which follows the first comma’’ in

25 the second sentence and inserting in lieu
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1 thereof ‘‘section 3(a) of such Act (33 U.S.C.

2 903(3)) which follows the second comma’’;

3 (ii) in subsection (b), by striking out ‘‘sec4 tion 902(4) of title 33’’ and inserting in lieu

5 thereof ‘‘section 2(4) of the Longshore and Har6 bor Workers’ Compensation Act (33 U.S.C.

7 902(4))’’;

8 (iii) in subsection (c)(1), by striking out

9 ‘‘section 939(b) of title 33’’ and inserting in lieu

10 thereof ‘‘39(b) of the Longshore and Harbor

11 Workers’ Compensation Act (33 U.S.C. 939(b))’’;

12 and

13 (iv) in subsection (d), by striking out ‘‘sec14 tions 918 and 921 of title 33’’ and inserting in

15 lieu thereof ‘‘sections 18 and 21 of the Longshore

16 and Harbor Workers’ Compensation Act (33

17 U.S.C. 18 and 21, respectively)’’; and

18 (B) by striking out ‘‘section 902(2) of title 33’’

19 in sections 8172 and 8173 and inserting in lieu there20 of ‘‘section 2(2) of the Longshore and Harbor Work21 ers’ Compensation Act (33 U.S.C. 2(2))’’.
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1 Subtitle E—Other Matters

2 SEC. 341. CHANGE OF SOURCE FOR PERFORMANCE OF

3 DEPOT-LEVEL WORKLOADS.

4 The text of section 2469 of title 10, United States Code,

5 is amended to read as follows:

6 ‘‘(a) REQUIREMENT FOR COMPETITION.—The Sec7 retary of Defense shall ensure that the performance of a

8 depot-level maintenance workload described in subsection

9 (b) is not changed to performance by a contractor or by

10 another depot-level maintenance activity of the Department

11 of Defense unless the change is made using—

12 ‘‘(1) merit-based selection procedures for com13 petitions among all depot-level maintenance activities

14 of the Department of Defense; or

15 ‘‘(2) competitive procedures for competitions

16 among private and public sector entities.

17 ‘‘(b) SCOPE.—Subsection (a) applies to any depot-level

18 maintenance workload that has a value of not less than

19 $3,000,000 and is being performed by a depot-level activity

20 of the Department of Defense.

21 ‘‘(c) INAPPLICABILITY OF OMB CIRCULAR A–76.—Of22 fice of Managment and Budget Circular A–76 does not

23 apply to a performance change to which subsection (a) ap24 plies.’’.
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1 SEC. 342. CIVIL AIR PATROL.

2 (a) PROVISION OF FUNDS.—Subsection (b) of section

3 9441 of title 10, United States Code, is amended—

4 (1) by redesignating paragraphs (8), (9), (10),

5 and (11) as paragraphs (9), (10), (11), and (12), re6 spectively; and

7 (2) by inserting after paragraph (7) the follow8 ing new paragraph (8):

9 ‘‘(8) provide funds for the national headquarters

10 of the Civil Air Patrol, including funds for the pay11 ment of staff compensation and benefits, administra12 tive expenses, travel, per diem and allowances, rent

13 and utilities, and other operational expenses;’’.

14 (b) LIAISONS.—Such section is further amended by

15 adding at the end the following new subsection:

16 ‘‘(d)(1) The Secretary of the Air Force may authorize

17 the Civil Air Patrol to employ, as administrators and liai18 son officers, persons retired from service in the Air Force

19 whose qualifications are approved under regulations pre20 scribed by the Secretary and who request such employment.

21 ‘‘(2) A person employed pursuant to paragraph (1)

22 may receive the person’s retired pay and an additional

23 amount for such employment that is not more than the dif24 ference between the person’s retired pay and the pay and

25 allowances the person would be entitled to receive if ordered

26 to active duty in the grade in which the person retired from
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1 service in the Air Force. The additional amount shall be

2 paid to the Civil Air Patrol by the Secretary from funds

3 appropriated for that purpose.

4 ‘‘(3) A person employed pursuant to paragraph (1)

5 may not, while so employed, be considered to be on active

6 duty or inactive-duty training for any purpose.’’.

7 SEC. 343. ARMED FORCES RETIREMENT HOME.

8 (a) INCREASED MAXIMUM LIMITATION ON DEDUC9 TIONS FROM PAY.—Section 1007(i) of title 37, United

10 States Code, is amended—

11 (1) in paragraph (1), by striking out ‘‘50 cents’’

12 and inserting in lieu thereof ‘‘$2.00’’; and

13 (2) in paragraph (3), by adding at the end the

14 following: ‘‘The amount fixed for a grade or length of

15 service may not be increased by more than 50 cents

16 during any 12-month period.’’.

17 (b) MODIFICATION OF FEES PAID BY RESIDENTS.—

18 (1) Paragraph (2) of section 1514(c) of the Armed Forces

19 Retirement Home Act of 1991 (24 U.S.C. 414(c)) is amend20 ed to read as follows:

21 ‘‘(2) The fee shall be fixed as a percentage of the month22 ly income and monthly payments (including Federal pay23 ments) received by a resident, subject to such adjustments

24 in the fee as the Retirement Home Board may make under
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1 paragraph (1). The percentage shall be the same for each

2 establishment of the Retirement Home.’’.

3 (2)(A) Subsections (d) and (e) of section 1514 of such

4 Act are repealed.

5 (B) Such section is further amended by adding after

6 subsection (c) the following new subsection (d):

7 ‘‘(d) APPLICATION OF FEES.—Subject to such adjust8 ments in the fee as the Retirement Home Board may make

9 under subsection (c), each resident of the Retirement Home

10 shall be required to pay a monthly fee equal to the amount

11 determined by multiplying the total amount of all monthly

12 income and monthly payments (including Federal pay13 ments) received by the resident by a percentage as follows:

14 ‘‘(1) In the case of a permanent health care resi15 dent—

16 ‘‘(A) in fiscal year 1998, 35 percent;

17 ‘‘(B) in fiscal year 1999, 45 percent; and

18 ‘‘(C) in fiscal year 2000, 65 percent.

19 ‘‘(2) In the case of a resident who is not a per20 manent health care resident—

21 ‘‘(A) in fiscal year 1998, 30 percent;

22 ‘‘(B) in fiscal year 1999, 35 percent; and

23 ‘‘(C) in fiscal year 2000, 40 percent.

24 (c) MODERNIZATION OF FACILITIES.—(1) The Chair25 man of the Armed Forces Retirement Home Board shall
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1 carry out a study to identify and evaluate alternatives for

2 modernization of the facilities at the United States Soldiers’

3 and Airmen’s Home.

4 (2) The Chairman shall submit an interim report and

5 a final report on the results of the study to the Committees

6 on Armed Services of the Senate and House of Representa7 tives. The Chairman shall submit the interim report not

8 later than April 1, 1995, and the final report not later than

9 December 31, 1995.

10 (d) EFFECTIVE DATES.—(1) The amendments made

11 by subsection (a) shall take effect on January 1, 1995, and

12 apply to years that begin on or after that date.

13 (2) The amendments made by subsection (b) shall take

14 effect October 1, 1997.

15 SEC. 344. CLARIFICATION OF AUTHORITY TO PROVIDE MED16 ICAL TRANSPORTATION UNDER NATIONAL

17 GUARD PILOT PROGRAM.

18 Paragraph (1) of section 376(h) of the National De19 fense Authorization Act for Fiscal Year 1993 (32 U.S.C.

20 501 note) is amended to read as follows:

21 ‘‘(1) The term ‘health care’ includes the following

22 services:

23 ‘‘(A) Medical care services.

24 ‘‘(B) Dental care services.
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1 ‘‘(C) Transportation, by air ambulance or

2 other means, for medical reasons.’’.

3 SEC. 345. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

4 (a) PROGRAM AUTHORIZED.—Subject to subsection

5 (b), the Secretary of the Army may carry out a loan guar6 antee program to encourage commercial firms to use ammu7 nition manufacturing facilities pursuant to section 193 of

8 the Armament Retooling and Manufacturing Support Act

9 of 1992 (subtitle H of title I of Public Law 102–484; 106

10 Stat. 2348). Under such program, the Secretary may guar11 antee the repayment of any loan made to a commercial firm

12 to fund, in whole or in part, the establishment of a commer13 cial activity under the Act.

14 (b) ADVANCED BUDGET AUTHORITY.—Loan guaran15 tees under this section may not be committed except to the

16 extent that appropriations of budget authority to cover their

17 costs are made in advance, as required by section 504 of

18 the Federal Credit Reform Act of 1990 (title V of the Con19 gressional Budget Act of 1974; 2 U.S.C. 661c).

20 (c) PROGRAM ADMINISTRATION.—(1) The Secretary

21 may enter into agreements with the Administrator of the

22 Small Business Administration, the Administrator of the

23 Farmers Home Administration, and the Administrator of

24 the Rural Development Administration under which such

25 Administrators may, under this section—
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1 (A) process applications for loan guarantees;

2 (B) guarantee repayment of loans; and

3 (C) provide any other services to the Secretary to

4 administer the loan guarantee program.

5 (2) Each Administrator may guarantee loans under

6 this section to commercial firms of any size, notwithstand7 ing any size limitations imposed on other loan guarantee

8 programs that the Administrator administers.

9 (3) To the extent practicable, each Administrator shall

10 use the same procedures for processing loan guarantee ap11 plications under this section as the Administrator uses for

12 processing loan guarantee applications under other loan

13 guarantee programs that the Administrator administers.

14 (d) LOAN LIMITS.—Loan guarantees under this section

15 may not exceed—

16 (1) $20,000,000 for any borrower; and

17 (2) $65,000,000 for all borrowers.

18 (e) TRANSFER OF FUNDS.—The Secretary of the Army

19 may transfer to an Administrator providing services under

20 subsection (c), and an Administrator may accept, such

21 funds as may be necessary to administer the loan guarantee

22 program under this section.

23 (f) REPORTING REQUIREMENT.—Not later than July

24 1 of each year in which a guarantee issued under this sec25 tion is in effect, the Secretary shall submit to the congres-
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1 sional defense committees a report containing the amounts

2 of loans guaranteed under this section during the preceding

3 calendar year. No report is required after fiscal year 1997.

4 (g) AUTHORIZATION FOR USE OF EXISTING BUDGET

5 AUTHORITY.—Funds appropriated for the Armament Re6 tooling and Manufacturing Support Initiative by title III

7 of Public Law 102–396 under the heading ‘‘PROCUREMENT

8 OF AMMUNITION, ARMY’’ (106 Stat. 1887) may be made

9 available for loan guarantees under this section only to the

10 extent provided in an appropriations Act enacted after the

11 date of the enactment of this Act.

12 (h) EXTENSION OF AUTHORITY.—Section 193(a) of the

13 Armament Retooling and Manufacturing Support Act of

14 1992 (subtitle H of title I of Public Law 102–484; 106 Stat.

15 2348) is amended by striking out ‘‘During fiscal years 1993

16 and 1994,’’ and inserting in lieu thereof ‘‘During fiscal

17 years 1993 through 1996,’’.

18 SEC. 346. REAUTHORIZATION OF DEPARTMENT OF DE19 FENSE DOMESTIC ELEMENTARY AND SEC20 ONDARY SCHOOLS FOR DEPENDENTS.

21 (a) CONTINUED AUTHORITY.—Chapter 108 of title 10,

22 United States Code, is amended by adding at the end the

23 following new section:
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1 ‘‘§ 2164. Department of Defense domestic dependent el2 ementary and secondary schools

3 ‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary of

4 Defense makes a determination that appropriate edu5 cational programs are not available through a local edu6 cational agency for dependents of members of the armed

7 forces and dependents of civilian employees of the Federal

8 Government residing on a military installation in the

9 United States (including territories, commonwealths, and

10 possessions of the United States), the Secretary may provide

11 for the elementary or secondary education of the dependents

12 of such members of the armed forces and, to the extent au13 thorized in subsection (c), the dependents of such civilian

14 employees.

15 ‘‘(b) FACTORS FOR SECRETARY TO CONSIDER.—(1)

16 Factors to be considered by the Secretary of Defense in mak17 ing a determination under subsection (a) shall include the

18 following:

19 ‘‘(A) The extent to which such dependents are eli20 gible for free public education in the local area adja21 cent to the military installation.

22 ‘‘(B) The extent to which the local educational

23 agency is able to provide a comparable educational

24 program for such dependents.

25 ‘‘(2) For purposes of paragraph (1)(B), an appro26 priate educational program is a program that, as deter-
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1 mined by the Secretary, is comparable to a program of free

2 public education provided for children in the following com3 munities:

4 ‘‘(A) In the case of a military installation lo5 cated in a State (other than an installation referred

6 to in subparagraph (B)), similar communities in the

7 State.

8 ‘‘(B) In the case of a military installation with

9 boundaries contiguous to two or more States, similar

10 communities in the contiguous States.

11 ‘‘(C) In the case of a military installation lo12 cated in a territory, commonwealth, or possession, the

13 District of Columbia, except that an educational pro14 gram determined comparable under this subpara15 graph may be considered appropriate for the purposes

16 of paragraph (1)(B) only if the program is conducted

17 in the English language.

18 ‘‘(c) ELIGIBILITY OF DEPENDENTS OF FEDERAL EM19 PLOYEES.—(1) A dependent of a Federal employee residing

20 on a military installation at any time during the school

21 year may enroll in an educational program provided by

22 the Secretary of Defense pursuant to subsection (a) for de23 pendents residing on such installation.

24 ‘‘(2)(A) Except as provided in subparagraph (B), a

25 dependent of a Federal employee who is enrolled in an edu-
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1 cational program provided by the Secretary pursuant to

2 subsection (a) and who is not residing on a military instal3 lation may be enrolled in the program for not more than

4 five consecutive school years.

5 ‘‘(B) A dependent referred to in subparagraph (A) may

6 be enrolled in the program for more than five consecutive

7 school years if the Secretary determines that, in the interest

8 of the dependent’s educational well-being, there is good

9 cause to extend the enrollment for more than the five-year

10 period described in such subparagraph. Any such extension

11 may be made for only one school year at a time.

12 ‘‘(3) A dependent of a Federal employee may continue

13 enrollment in a program under this subsection for the re14 mainder of a school year notwithstanding a change during

15 such school year in the status of the Federal employee that,

16 except for this paragraph, would otherwise terminate the

17 eligibility of the dependent to be enrolled in the program.

18 The preceding sentence does not limit the authority of the

19 Secretary to remove the dependent from enrollment in the

20 program at any time for good cause determined by the Sec21 retary.

22 ‘‘(d) SCHOOL BOARDS.—(1) The Secretary of Defense

23 shall provide for the establishment of a school board for each

24 Department of Defense elementary or secondary school es25 tablished for a military installation under this section.
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1 ‘‘(2) The school board shall be composed of the number

2 of members, not less than three, prescribed by the Secretary.

3 ‘‘(3) The parents of the students attending the school

4 shall elect the school board in accordance with procedures

5 which the Secretary shall prescribe.

6 ‘‘(4) The elected school board shall be considered a local

7 civic group with a function of rendering a public service

8 of providing counsel through oversight of school expendi9 tures and operations. The Secretary shall prescribe the over10 sight procedures and audit standards applicable to the func11 tions of the school board.

12 ‘‘(5) Meetings conducted by the school board shall be

13 open to the public.

14 ‘‘(6) A school board need not comply with the provi15 sions of the Federal Advisory Committee Act (5 U.S.C.

16 App.), but may close meetings in accordance with such Act.

17 ‘‘(e) ADMINISTRATION AND STAFF.—(1) The Secretary

18 of Defense may enter into such arrangements as may be

19 necessary to provide educational programs at the school.

20 ‘‘(2) The Secretary may, without regard to the provi21 sions of any other law relating to the number, classification,

22 or compensation of employees—

23 ‘‘(A) establish such positions for civilian employ24 ees in schools established under this section;

25 ‘‘(B) appoint individuals to such positions; and
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1 ‘‘(C) fix the compensation of such individuals for

2 service in such positions.

3 ‘‘(3)(A) Except as provided in subparagraph (B), in

4 fixing the compensation of employees appointed for a school

5 pursuant to paragraph (2), the Secretary shall consider—

6 ‘‘(i) the compensation of comparable employees

7 of the local educational agency in the capital of the

8 State where the military installation is located;

9 ‘‘(ii) the compensation of comparable employees

10 in the local educational agency that provides public

11 education to students who reside adjacent to the mili12 tary installation; or

13 ‘‘(iii) the average compensation for similar posi14 tions in not more than three other local educational

15 agencies in the State in which the military installa16 tion is located.

17 ‘‘(B) In fixing the compensation of employees in

18 schools established in the territories, commonwealths, and

19 possessions pursuant to the authority of this section, the

20 Secretary shall determine the level of compensation required

21 to attract qualified employees. For employees in such

22 schools, the Secretary, without regard to the provisions of

23 title 5, may provide for the tenure, leave, hours of work,

24 and other incidents of employment to be similar to that pro25 vided for comparable positions in the public schools of the
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1 District of Columbia. For purposes of the first sentence, a

2 school shall be considered to have been established pursuant

3 to the authority of this section if the school was established

4 pursuant to other similar authority before the date on which

5 this section takes effect.

6 ‘‘(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND

7 PROTECTIONS FOR CHILDREN.—(1) The Secretary shall

8 provide the following substantive rights, protections, and

9 procedural safeguards (including due process procedures) in

10 the educational programs provided for under this section:

11 ‘‘(A) In the case of children with disabilities

12 aged 3 to 5, inclusive, all substantive rights, protec13 tions, and procedural safeguards (including due proc14 ess procedures) available to children with disabilities

15 aged 3 to 5, inclusive, under part B of the Individ16 uals with Disabilities Education Act (20 U.S.C. 1411

17 et seq.).

18 ‘‘(B) In the case of infants and toddlers with dis19 abilities, all substantive rights, protections, and pro20 cedural safeguards (including due process procedures)

21 available to infants and toddlers with disabilities

22 under part H of such Act (20 U.S.C. 1471 et seq.).

23 ‘‘(C) In the case of all other children with dis24 abilities, all substantive rights, protections, and pro25 cedural safeguards (including due process procedures)
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1 available to children with disabilities who are 3 to 5

2 years old under part B of such Act.

3 ‘‘(2) Paragraph (1) may not be construed as diminish4 ing for children with disabilities enrolled in day edu5 cational programs provided for under this section the extent

6 of substantive rights, protections, and procedural safeguards

7 that were available under section 6(a) of Public Law 81–

8 874 (20 U.S.C. 241(a)) to children with disabilities as of

9 October 7, 1991.

10 ‘‘(3) In this subsection:

11 ‘‘(A) The term ‘children with disabilities’ has the

12 meaning given the term in section 602(a)(1) of the

13 Individuals with Disabilities Education Act (20

14 U.S.C. 1401(a)(1)).

15 ‘‘(B) The term ‘children with disabilities aged 3

16 to 5, inclusive’ means such term as used in such Act

17 (20 U.S.C. 1400 et seq.).

18 ‘‘(C) The term ‘infants and toddlers with disabil19 ities’ has the meaning given the term in section

20 672(1) of such Act (20 U.S.C. 1472(1)).

21 ‘‘(g) REIMBURSEMENT.—When the Secretary of De22 fense provides educational services under this section to an

23 individual who is a dependent of an employee of a Federal

24 agency outside the Department of Defense, the head of the

25 other Federal agency shall, upon request of the Secretary
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1 of Defense, reimburse the Secretary for those services at

2 rates routinely prescribed by the Secretary for those serv3 ices. Any payments received by the Secretary under this

4 subsection shall be credited to the account designated by the

5 Secretary for the operation of educational programs under

6 this section.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of such chapter is amended by adding at the

9 end the following new item:

‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

10 SEC. 347. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

11 THAT BENEFIT DEPENDENTS OF MEMBERS

12 OF THE ARMED FORCES AND DEPARTMENT

13 OF DEFENSE CIVILIAN EMPLOYEES.

14 (a) AVAILABILITY OF FUNDS.—Of the amounts author15 ized to be appropriated pursuant to section 301(5)—

16 (1) $50,000,000 shall be available for providing

17 assistance to local educational agencies under sub18 section (b) of section 386 of Public Law 102–484; and

19 (2) $8,000,000 shall be available for making

20 payments to local educational agencies under sub21 section (d) of such section.

22 (b) NOTIFICATION AND DISBURSAL.—(1) On or before

23 June 30, 1995, the Secretary of Defense (with respect to

24 assistance provided in subsection (b) of section 386 of Pub-
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1 lic Law 102–484) and the Secretary of Education (with re2 spect to payments made under subsection (d) of such sec3 tion) shall notify each local educational agency eligible for

4 assistance under subsections (b) and (d) of such section, re5 spectively, for fiscal year 1995 of such agency’s eligibility

6 for such assistance and the amount of such assistance.

7 (2) The Secretary of Defense (with respect to funds

8 made available under subsection (a)(1)) and the Secretary

9 of Education (with respect to funds made available under

10 subsection (a)(2)) shall disburse such funds not later than

11 30 days after notification to eligible local education agen12 cies.

13 SEC. 348. DISPOSITION OF PROCEEDS FROM OPERATION OF

14 THE NAVAL ACADEMY LAUNDRY.

15 Section 6971 of title 10, United States Code, is amend16 ed—

17 (1) in subsection (a)—

18 (A) by striking out ‘‘(a)’’; and

19 (B) in the first sentence, by striking out

20 ‘‘and the Academy dairy’’ and inserting in lieu

21 thereof ‘‘the Academy dairy, and the Academy

22 laundry’’; and

23 (2) by striking out subsection (b).
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1 SEC. 349. REPEAL OF ANNUAL LIMITATION ON EXPENDI2 TURES FOR EMERGENCY AND EXTRAOR3 DINARY EXPENSES OF THE DEPARTMENT OF

4 DEFENSE INSPECTOR GENERAL.

5 Section 127(c) of title 10, United States Code, is

6 amended—

7 (1) by striking out ‘‘(1)’’ after ‘‘(c)’’; and

8 (2) by striking out paragraph (2).

9 SEC. 350. EXTENSION OF AUTHORITY FOR PROGRAM TO

10 COMMEMORATE WORLD WAR II.

11 Section 378 of the National Defense Authorization Act

12 for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2387;

13 10 U.S.C. 113 note) is amended by striking out ‘‘1995’’ each

14 place it appears in subsections (a) and (b) and inserting

15 in lieu thereof ‘‘1996’’.

16 SEC. 351. EXTENSION OF AUTHORITY FOR AVIATION DE17 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

18 DEFENSE-RELATED PRODUCTION AND SERV19 ICES.

20 Section 1425(e) of the National Defense Authorization

21 Act for Fiscal Year 1991 (Public Law 101–510), as amend22 ed by section 370(b) of Public Law 103–160 (107 Stat.

23 1634), is further amended by striking out ‘‘September 30,

24 1994’’ and inserting in lieu thereof ‘‘September 30, 1995’’.
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1 SEC. 352. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF

2 DEFENSE PROPERTY TO EDUCATIONAL INSTI3 TUTIONS AND TRAINING SCHOOLS.

4 (a) AUTHORITY TO TRANSFER.—Subsection (b)(1) of

5 section 2535 of title 10, United States Code, is amended

6 by striking out subparagraph (G) and inserting in lieu

7 thereof the following:

8 ‘‘(G) notwithstanding title II of the Federal

9 Property and Administrative Services Act of 1949 (40

10 U.S.C. 481 et seq.) and any other provision of law,

11 authorize the transfer to a nonprofit educational in12 stitution or training school, on a nonreimbursable

13 basis, of any such property already in the possession

14 of such institution or school whenever the program

15 proposed by such institution or school for the use of

16 such property will contribute materially to national

17 defense; and’’.

18 (b) TREATMENT OF PROPERTY LOANED BEFORE DE19 CEMBER 31, 1993.—Except for property determined by the

20 Secretary to be needed by the Department of Defense, prop21 erty loaned before December 31, 1993, to an educational in22 stitution or training school under section 2535(b) of title

23 10, United States Code, or section 4(a)(7) of the Defense

24 Industrial Reserve Act (as in effect before October 23, 1992)

25 shall be regarded as surplus property. Upon certification

26 by the Secretary to the Administrator of General Services
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1 that the property is being used by the borrowing edu2 cational institution or training school for a purpose consist3 ent with that for which the property was loaned, the Admin4 istrator may authorize the conveyance of all right, title, and

5 interest of the United States in such property to the bor6 rower if the borrower agrees to accept the property. The Ad7 ministrator may require any additional terms and condi8 tions in connection with a conveyance so authorized that

9 the Administrator considers appropriate to protect the in10 terests of the United States.

11 SEC. 353. SHIPS’ STORES.

12 Section 371 of the National Defense Authorization Act

13 for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1634;

14 10 U.S.C. 7604 note) is amended—

15 (1) by striking out subsections (a), (b), and (d);

16 and

17 (2) in subsection (c), by striking out ‘‘(c) CODI18 FICATION.—Section 7604’’ and inserting in lieu there19 of ‘‘Effective as of November 30, 1993, section 7604’’.

20 SEC. 354. HUMANITARIAN PROGRAM FOR CLEARING LAND21 MINES.

22 (a) PROGRAM AUTHORIZED.—The Secretary of De23 fense may carry out a program for humanitarian purposes

24 to provide for the instruction, education, training, and ad25 vising of personnel of other nations in the various proce-
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1 dures that have been determined effective for detecting and

2 clearing landmines.

3 (b) FORMS OF ASSISTANCE.—Under the program the

4 Secretary may provide personnel to conduct the instruction,

5 education, or training or to furnish advice. In addition or

6 alternatively, the Secretary may provide financial assist7 ance or in-kind assistance in support of such instruction,

8 education, or training.

9 (c) LIMITATIONS ON ACTIONS OF UNITED STATES

10 PERSONNEL.—The Secretary of Defense shall ensure that

11 no member of the Armed Forces of the United States—

12 (1) while providing assistance under subsection

13 (a), engages in the physical detection, lifting, or de14 stroying of landmines unless the member does so for

15 the concurrent purpose of supporting a United States

16 military operation; or

17 (2) provides such assistance as part of a mili18 tary operation that does not involve the Armed Forces

19 of the United States.

20 (d) FUNDING.—Of the funds authorized to be appro21 priated in section 301, not more than $10,000,000 shall be

22 available for a program carried out under subsection (a).
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1 SEC. 355. ASSISTANCE TO RED CROSS FOR EMERGENCY

2 COMMUNICATIONS SERVICES FOR MEMBERS

3 OF THE ARMED FORCES AND THEIR FAMI4 LIES.

5 (a) FISCAL YEAR 1995.—Of the funds authorized to

6 be appropriated by section 301(5), $14,500,000 shall be

7 available for obtaining emergency communications services

8 for members of the Armed Forces and their families from

9 the American National Red Cross.

10 (b) FISCAL YEARS 1996 AND 1997.—Of the amounts

11 authorized to be appropriated for the Department of Defense

12 for fiscal years 1996 and 1997 for operation and mainte13 nance for Defense-wide activities, $14,500,000 shall be

14 available for each such fiscal year for obtaining emergency

15 communications services for members of the Armed Forces

16 and their families from the American National Red Cross.

17 SEC. 356. MARITIME PREPOSITIONING SHIP ENHANCE18 MENT.

19 Section 2218 of title 10, United States Code, is amend20 ed by adding at the end of subsection (f) the following new

21 paragraph:

22 ‘‘(3) Not more than three vessels built in foreign ship23 yards may be purchased for the Marine Corps maritime

24 prepositioning ship program with funds in the National

25 Defense Sealift Fund. Vessels purchased under the authority
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1 of this paragraph may not be counted for purposes of the

2 limitation in paragraph (1).’’.

3 SEC. 357. ROLL-ON/ROLL-OFF VESSELS FOR THE READY RE4 SERVE FORCE.

5 (a) TRANSFER AUTHORIZED.—To the extent provided

6 in appropriations Acts, in order to provide for purchase

7 of up to seven roll-on/roll-off vessels for the Ready Reserve

8 Force of the National Defense Reserve Fleet maintained

9 under section 11 of the Merchant Ship Sales Act of 1946

10 (50 U.S.C. App. 1744), the Secretary of Defense may trans11 fer to the Maritime Administration not more than

12 $43,000,000 out of funds authorized by this Act to be appro13 priated to the Department of Defense for fiscal year 1995,

14 other than funds for procurement of national defense fea15 tures for vessels.

16 (b) USE BY MARITIME ADMINISTRATION.—Funds

17 transferred to the Maritime Administration pursuant to

18 subsection (a) shall be used only for the purpose set forth

19 in such subsection.

20 SEC. 358. PAYMENT OF CERTAIN STIPULATED CIVIL PEN21 ALTIES.

22 Of the funds authorized to be appropriated by section

23 301(17), the Secretary of Defense may pay not more than

24 $500,000 to the Hazardous Substance Superfund estab25 lished under section 9507 of the Internal Revenue Code of
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1 1986 (26 U.S.C. 9507) as payment of stipulated civil pen2 alties assessed under the Comprehensive Environmental Re3 sponse, Compensation and Liability Act of 1980 (42 U.S.C.

4 9601 et seq.).

5 SEC. 359. SALE OF ARTICLES AND SERVICES OF INDUS6 TRIAL FACILITIES OF THE ARMED FORCES TO

7 PERSONS OUTSIDE DEPARTMENT OF DE8 FENSE.

9 (a) AUTHORITY TO SELL OUTSIDE DOD.—The Sec10 retary of Defense may sell in accordance with this section

11 to persons outside the Department of Defense articles and

12 services produced in working-capital funded industrial fa13 cilities of the Armed Forces that are not available from any

14 United States commercial source.

15 (b) DESIGNATION OF PARTICIPATING INDUSTRIAL FA16 CILITIES.—The Secretary may designate up to three facili17 ties referred to in subsection (a) as the facilities from which

18 articles and services produced in such facilities may be sold

19 under this section.

20 (c) CONDITIONS FOR SALES.—A sale of articles or

21 services may be made under this section only if—

22 (1) the Secretary of Defense determines that the

23 articles or services are not available from a commer24 cial source in the United States;
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1 (2) the purchaser agrees to hold harmless and in2 demnify the United States, except in cases of willful

3 misconduct or extreme negligence, from any claim for

4 damages or injury to any person or property arising

5 out of the articles or services;

6 (3) the articles or services can be substantially

7 performed by the industrial facility concerned with

8 only incidental subcontracting and that performance

9 is in the public interest;

10 (4) the Secretary determines that the sale of the

11 articles or services will not interfere with the military

12 mission of the industrial facility concerned; and

13 (5) the sale of the goods and services is made on

14 the basis that it will not interfere with performance

15 of work by the industrial facility concerned for the

16 Department of Defense.

17 (d) METHODS OF SALE.—(1) The Secretary shall per18 mit a purchaser of articles or services under this section

19 to use advance incremental funding to pay for the articles

20 or services.

21 (2) In the sale of articles and services under this sec22 tion, the Secretary shall—

23 (A) charge the purchaser, at a minimum, the

24 variable costs, capital improvement costs, and equip-
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1 ment depreciation costs that are associated with the

2 articles or services sold;

3 (B) enter into a firm, fixed-price contract or, if

4 agreed by the purchaser, a cost reimbursement con5 tract for the sale; and

6 (C) develop and maintain (from sources other

7 than appropriated funds) working capital to be avail8 able for paying design costs, planning costs, procure9 ment costs, and other costs associated with the articles

10 or services sold.

11 (e) DELEGATION OF AUTHORITY.—The Secretary may

12 delegate the authority to sell articles and services in accord13 ance with this section to the commander of each industrial

14 facility designated pursuant to subsection (b) in accordance

15 with regulations prescribed by the Secretary.

16 (f) DEPOSIT OF PROCEEDS.—Proceeds from sales of

17 articles and services under this section shall be credited to

18 the funds, including working capital funds and operation

19 and maintenance funds, incurring the costs of performance.

20 (g) RELATIONSHIP TO ARMS EXPORT CONTROL ACT.—

21 Nothing in this section shall be construed to affect the appli22 cation of the export controls provided for in section 38 of

23 the Arms Export Control Act (22 U.S.C. 2778) to items

24 which incorporate or are produced through the use of an

25 article sold under this section.
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1 (h) DEFINITIONS.—In this section:

2 (1) The term ‘‘advance incremental funding’’,

3 with respect to a sale of articles or services, means a

4 series of partial payments for the articles or services

5 that includes—

6 (A) one or more partial payments before the

7 commencement of work or the incurring of costs

8 in connection with the production of the articles

9 or the performance of the services, as the case

10 may be; and

11 (B) subsequent progress payments that re12 sult in full payment being completed as the re13 quired work is being completed.

14 (2) The term ‘‘variable costs’’, with respect to

15 sales of articles or services, means the costs that are

16 expected to fluctuate directly with the volume of sales

17 and—

18 (A) in the case of articles, the volume of

19 production necessary to satisfy the sales orders;

20 or

21 (B) in the case of services, the extent of the

22 services sold.
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1 SEC. 360. STUDY OF ESTABLISHMENT OF LAND MANAGE2 MENT AND TRAINING CENTER AT FORT

3 RILEY, KANSAS.

4 (a) STUDY.—The Secretary of the Army shall carry

5 out a study of the feasibility and advisability of establishing

6 at Fort Riley, Kansas, a center for the land management

7 activities and land management training activities of the

8 Department of Defense.

9 (b) REPORT.—The Secretary shall submit to the con10 gressional defense committees a report on the study required

11 under subsection (a). The Secretary shall submit the report

12 not later than May 1, 1996.

13 SEC. 361. PROCUREMENT OF PORTABLE VENTILATORS FOR

14 THE DEFENSE MEDICAL FACILITY OFFICE,

15 FORT DETRICK, MARYLAND.

16 Of the funds authorized to be appropriated by section

17 301(5), $2,500,000 shall be available for the procurement

18 of portable ventilators for the Defense Medical Facility Of19 fice, Fort Detrick, Maryland.

20 SEC. 362. REVIEW BY DEFENSE INSPECTOR GENERAL OF

21 COST GROWTH IN CERTAIN CONTRACTS.

22 (a) REVIEW.—The Inspector General of the Depart23 ment of Defense shall carry out a review of a representative

24 sample of existing contracts for the performance of commer25 cial activities which resulted from a cost comparison study

26 conducted by the Department of Defense under Office of
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1 Management and Budget Circular A-76 (or any other suc2 cessor administrative regulation or policy) to determine the

3 extent to which the cost incurred by a contractor under any

4 such contract has exceeded the cost of the contract at the

5 time the contract was entered into.

6 (b) REPORT.—Not later than April 1, 1995, the In7 spector General shall submit to the Committees on Armed

8 Services of the Senate and the House of Representatives a

9 report containing the results of the review carried out under

10 subsection (a).

11 SEC. 363. COST COMPARISON STUDIES FOR CONTRACTS

12 FOR ADVISORY AND ASSISTANCE SERVICES.

13 (a) IN GENERAL.—(1) Chapter 141 of title 10, United

14 States Code, is amended by adding at the end the following

15 new section:

16 ‘‘§ 2410l. Contracts for advisory and assistance serv17 ices: cost comparison studies

18 ‘‘(a) REQUIREMENT.—(1)(A) Before the Secretary of

19 Defense enters into a contract described in subparagraph

20 (B), the Secretary shall determine whether Department of

21 Defense personnel have the capability to perform the serv22 ices proposed to be covered by the contract.

23 ‘‘(B) Subparagraph (A) applies to any contract of the

24 Department of Defense for advisory and assistance services

25 which contract will have a value in excess of $100,000.
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1 ‘‘(2) If the Secretary determines that such personnel

2 have that capability, the Secretary shall conduct a study

3 comparing the cost of performing the services with Depart4 ment of Defense personnel and the cost of performing the

5 services with contractor personnel.

6 ‘‘(b) WAIVER.—The Secretary of Defense may, pursu7 ant to guidelines prescribed by the Secretary, waive the re8 quirement under subsection (a)(2) to perform a cost com9 parison study based on factors that are not related to cost.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by adding at the end the following new item:

‘‘2410l. Contracts for advisory and assistance services: cost comparison studies.’’.

12 (b) PROCEDURES FOR CONDUCT OF STUDIES.—The

13 Secretary of Defense shall prescribe the following proce14 dures:

15 (1) Procedures for carrying out a cost compari16 son study under subsection (a)(2) of section 2410l of

17 title 10, United States Code, as added by subsection

18 (a), which may contain a requirement that the cost

19 comparison study include consideration of factors

20 that are not related to cost, including the quality of

21 the service required to be performed, the availability

22 of Department of Defense personnel, the duration and

23 recurring nature of the services to be performed, and

24 the consistency of the workload.
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1 (2) Procedures for reviewing contracts entered

2 into after a waiver under subsection (b) of such sec3 tion to determine whether the contract is justified and

4 sufficiently documented.

5 (c) EFFECTIVE DATE.—Section 2410l of title 10, Unit6 ed States Code, as added by subsection (a), shall take effect

7 180 days after the date of the enactment of this Act.

8 TITLE IV—MILITARY PERSONNEL

9 AUTHORIZATIONS

10 Subtitle A—Active Forces

11 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

12 The Armed Forces are authorized strengths for active

13 duty personnel as of September 30, 1995, as follows:

14 (1) The Army, 510,000.

15 (2) The Navy, 441,641.

16 (3) The Marine Corps, 174,000.

17 (4) The Air Force, 400,051.

18 SEC. 402. EXTENSION OF TEMPORARY VARIATION OF END

19 STRENGTH LIMITATIONS FOR MARINE CORPS

20 MAJORS AND LIEUTENANT COLONELS.

21 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec22 tion 402 of the National Defense Authorization Act for Fis23 cal Year 1994 (Public Law 103–160; 107 Stat. 1639; 10

24 U.S.C. 523 note) is amended by striking out ‘‘and 1995’’

25 and inserting in lieu thereof ‘‘through 1997’’
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1 (b) LIMITATION.—The table in subsection (b) of such

2 section is amended to read as follows:

‘‘Fiscal year:

Number of officers who may be serving on active duty in the grade of:

Major Lieutenant colonel

1994 ....................................................... 3,023 1,578

1995 ....................................................... 3,157 1,634

1996 ....................................................... 3,157 1,634

1997 ....................................................... 3,157 1,634.’’.

3 (c) CLERICAL AMENDMENT.—The caption of subsection

4 (b) of such section is amended by striking out ‘‘AND 1995.—

5 ’’ and inserting in lieu thereof ‘‘THROUGH 1997.—’’.

6 SEC. 403. RETENTION OF AUTHORIZED STRENGTH OF GEN7 ERAL OFFICERS ON ACTIVE DUTY IN THE MA8 RINE CORPS FOR FISCAL YEARS AFTER FIS9 CAL YEAR 1995.

10 Section 526(a)(4) of title 10, United States Code, is

11 amended by striking out ‘‘before October 1, 1995,’’ and all

12 that follows through ‘‘that date’’.

13 SEC. 404. EXCEPTION TO LIMITATION ON NUMBER OF GEN14 ERAL OFFICERS AND FLAG OFFICERS SERV15 ING ON ACTIVE DUTY.

16 Section 525(b) of title 10, United States Code, is

17 amended by adding at the end the following new paragraph:

18 ‘‘(5)(A) Subject to subparagraph (C), an officer while

19 serving in a position referred to in subparagraph (B), if

20 serving in the grade of general or admiral, is in addition

21 to the number that would otherwise be permitted for that
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1 officer’s armed force for that grade under paragraph (1)

2 or (2).

3 ‘‘(B) Subparagraph (A) applies to the following posi4 tions:

5 ‘‘(i) Commander in Chief of a combatant com6 mand.

7 ‘‘(ii) Commander, United States Forces, Korea.

8 ‘‘(iii) Deputy Commander in Chief, United

9 States European Command, but only while the Com10 mander in Chief of such command is also the Su11 preme Allied Commander Europe.

12 ‘‘(C) Subparagraph (A) does not apply to an officer

13 serving in a position referred to in subparagraph (B) unless

14 the Secretary of Defense, when considering that officer for

15 recommendation to the President for appointment to such

16 position, concurrently considered one officer from each of

17 the other armed forces (other than the Coast Guard) for rec18 ommendation to the President for appointment to the posi19 tion.

20 ‘‘(D) The Chairman of the Joint Chiefs of Staff may

21 recommend officers to the Secretary of Defense for consider22 ation by the President for appointment to any of the posi23 tions referred to in subparagraph (B).

24 ‘‘(E) This paragraph shall cease to be effective at the

25 end of September 30, 1997.’’.
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1 SEC. 405. TEMPORARY EXCLUSION OF SUPERINTENDENT

2 OF NAVAL ACADEMY FROM COUNTING TO3 WARD NUMBER OF SENIOR ADMIRALS AU4 THORIZED TO BE ON ACTIVE DUTY.

5 (a) GRADE RELIEF.—If the next officer appointed to

6 serve as Superintendent of the United States Naval Acad7 emy after April 1, 1994, is an officer described in subsection

8 (b), that officer, while so serving, shall not be counted for

9 purposes of the limitations contained in section 525(b)(2)

10 of title 10, United States Code.

11 (b) QUALIFYING OFFICER.—Subsection (a) applies in

12 the case of a retired officer who—

13 (1) holds the grade of admiral on the retired list;

14 (2) is ordered to active duty pursuant to section

15 688 of title 10, United States Code, to serve as Super16 intendent of the United States Naval Academy; and

17 (3) is appointed pursuant to section 601 of that

18 title to have the grade of admiral while serving on ac19 tive duty in that position.

20 Subtitle B—Reserve Forces

21 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

22 (a) IN GENERAL.—The Armed Forces are authorized

23 strengths for Selected Reserve personnel of the reserve com24 ponents as of September 30, 1995, as follows:

25 (1) The Army National Guard of the United

26 States, 400,000.
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1 (2) The Army Reserve, 242,000.

2 (3) The Naval Reserve, 109,000.

3 (4) The Marine Corps Reserve, 42,000.

4 (5) The Air National Guard of the United

5 States, 115,581.

6 (6) The Air Force Reserve, 78,706.

7 (7) The Coast Guard Reserve, 8,000.

8 (b) WAIVER AUTHORITY.—The Secretary of Defense

9 may increase the end strength authorized by subsection (a)

10 by not more than 2 percent.

11 (c) ADJUSTMENTS.—The end strengths prescribed by

12 subsection (a) for the Selected Reserve of any reserve compo13 nent shall be reduced proportionately by—

14 (1) the total authorized strength of units orga15 nized to serve as units of the Selected Reserve of such

16 component which are on active duty (other than for

17 training) at the end of the fiscal year, and

18 (2) the total number of individual members not

19 in units organized to serve as units of the Selected

20 Reserve of such component who are on active duty

21 (other than for training or for unsatisfactory partici22 pation in training) without their consent at the end

23 of the fiscal year.

24 Whenever such units or such individual members are re25 leased from active duty during any fiscal year, the end
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1 strength prescribed for such fiscal year for the Selected Re2 serve of such reserve component shall be increased propor3 tionately by the total authorized strengths of such units and

4 by the total number of such individual members.

5 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

6 DUTY IN SUPPORT OF THE RESERVES.

7 Within the end strengths prescribed in section 411(a),

8 the reserve components of the Armed Forces are authorized,

9 as of September 30, 1995, the following number of Reserves

10 to be serving on full-time active duty or, in the case of mem11 bers of the National Guard, full-time National Guard duty

12 for the purpose of organizing, administering, recruiting, in13 structing, or training the reserve components:

14 (1) The Army National Guard of the United

15 States, 23,650.

16 (2) The Army Reserve, 11,940.

17 (3) The Naval Reserve, 17,510.

18 (4) The Marine Corps Reserve, 2,285.

19 (5) The Air National Guard of the United

20 States, 9,098.

21 (6) The Air Force Reserve, 648.
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1 Subtitle C—Military Training

2 Student Loads

3 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

4 (a) IN GENERAL.—For fiscal year 1995, the Armed

5 Forces are authorized average military training student

6 loads as follows:

7 (1) The Army, 69,420.

8 (2) The Navy, 43,064.

9 (3) The Marine Corps, 25,377.

10 (4) The Air Force, 36,840.

11 (b) SCOPE.—The average military training student

12 load authorized for an armed force under subsection (a) ap13 plies to the active and reserve components of that armed

14 force.

15 (c) ADJUSTMENTS.—The average military training

16 student loads authorized in subsection (a) shall be adjusted

17 consistent with the end strengths authorized in subtitles A

18 and B. The Secretary of Defense shall prescribe the manner

19 in which such adjustments shall be apportioned.

20 Subtitle D—Authorization of

21 Appropriations

22 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI23 TARY PERSONNEL.

24 There is hereby authorized to be appropriated to the

25 Department of Defense for military personnel for fiscal year
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1 1995 a total of $70,790,397,000. The authorization in the

2 preceding sentence supersedes any other authorization of

3 appropriations (definite or indefinite) for such purpose for

4 fiscal year 1995.

5 Subtitle E—Other Matters

6 SEC. 441. REPEAL OF REQUIRED REDUCTION IN RECRUIT7 ING PERSONNEL.

8 Section 431 of the National Defense Authorization Act

9 for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2400)

10 is repealed.

11 TITLE V—MILITARY PERSONNEL

12 POLICY

13 Subtitle A—Officer Personnel Policy

14 SEC. 501. SERVICE ON SUCCESSIVE SELECTION BOARDS.

15 (a) SERVICE ON SUCCESSIVE BOARDS AUTHORIZED.—

16 Section 628 of title 10, United States Code, is amended by

17 adding at the end the following new subsection:

18 ‘‘(f)(1) A special selection board convened under this

19 section shall be composed in accordance with section 612

20 of this title or, in the case of a warrant officer, composed

21 in accordance with section 573 of this title and regulations

22 prescribed by the Secretary of the military department con23 cerned, except that the prohibitions on service on successive

24 selection boards set forth in sections 612(b) and 573(e) of
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1 this title do not apply to service on successive selection

2 boards authorized under paragraph (2).

3 ‘‘(2) An officer may serve on a selection board con4 vened under section 611(a) of this title or, in the case of

5 a warrant officer, section 573(a) of this title and on a suc6 cessive special selection board convened under this section

7 if the service on the successive board is approved by the

8 Secretary of the military department concerned and the

9 successive board does not consider any officer who was con10 sidered by the first board.’’.

11 (b) CONFORMING AMENDMENT.—Subsections (a)(1)

12 and (b)(1) of section 628 of such title are amended by strik13 ing out ‘‘(composed in accordance with’’ and all that follows

14 through ‘‘concerned)’’ and inserting in lieu thereof ‘‘(com15 posed as provided in subsection (f))’’.

16 SEC. 502. PROMOTION AND OTHER CAREER MANAGEMENT

17 MATTERS RELATING TO WARRANT OFFICERS

18 ON ACTIVE-DUTY LISTS.

19 (a) EXCEPTION FROM MANDATORY CONSIDERATION BY

20 PROMOTION SELECTION BOARD.—Section 575(d) of such

21 title is amended by inserting ‘‘(except for warrant officers

22 precluded from consideration under regulations prescribed

23 by the Secretary concerned under section 577 of this title)’’

24 after ‘‘under consideration’’.
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1 (b) SECRETARIAL SUBMISSION OF PROMOTION SELEC2 TION BOARD REPORT.—Section 576(f)(1) of such title is

3 amended by striking out the second sentence.

4 (c) PROMOTION FORMALITIES DEEMED COM5 PLETED.—Section 578 of such title is amended by adding

6 at the end the following new subsections:

7 ‘‘(e) A warrant officer who is appointed to a higher

8 grade under this section is considered to have accepted such

9 appointment on the date on which the appointment is made

10 unless the officer expressly declines the appointment.

11 ‘‘(f) A warrant who has served continuously as an offi12 cer since the officer took the oath of office set forth under

13 section 3331 of title 5 is not required to take a new oath

14 upon appointment to a higher grade under this section.’’.

15 (d) WARRANT OFFICERS SUBJECT TO MANAGEMENT

16 AUTHORITIES.—Section 582(2) of such title is amended by

17 inserting before the period at the end the following: ‘‘(other

18 than such officers recalled to active duty before February

19 1, 1992, who have served continuously on active duty since

20 such date)’’.
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1 SEC. 503. ENLISTMENT OR RETIREMENT OF NAVY AND MA2 RINE CORPS LIMITED DUTY OFFICERS HAV3 ING TWICE FAILED OF SELECTION FOR PRO4 MOTION.

5 (a) AUTHORITY.—Subsection (f) of section 6383 of title

6 10, United States Code, is amended to read as follows:

7 ‘‘(f)(1) An officer subject to discharge under subsection

8 (b), (d), or (e) who is not eligible for retirement or for reten9 tion under paragraph (2) may, upon the officer’s request

10 and in the discretion of the Secretary of the Navy, be en11 listed in the grade prescribed by the Secretary.

12 ‘‘(2) If an officer subject to discharge under subsection

13 (b) or (d) is within two years of qualifying for retirement

14 under section 6323 of this title as of the date on which the

15 officer is to be discharged, the officer shall be retained on

16 active duty until becoming qualified for retirement under

17 that section (unless sooner retired or discharged under an18 other provision of law) and shall then be retired.’’.

19 (b) CONFORMING AMENDMENTS.—Section 6383 of such

20 title is amended—

21 (1) in subsection (i), by striking out ‘‘or the dis22 charge under subsection (d)’’ and inserting in lieu

23 thereof ‘‘or the discharge under subsection (b) or (d)’’;

24 (2) by striking out subsection (g);

25 (3) by redesignating subsections (h), (i), and (j)

26 as subsections (g), (h), and (i), respectively; and
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1 (4) in subsections (a), (b), and (d), by striking

2 out ‘‘Except as provided in subsection (i),’’ each place

3 it appears and inserting in lieu thereof ‘‘Except as

4 provided in subsection (h),’’.

5 SEC. 504. EDUCATIONAL REQUIREMENTS FOR APPOINT6 MENT IN RESERVE COMPONENTS IN GRADES

7 ABOVE FIRST LIEUTENANT OR LIEUTENANT

8 (JUNIOR GRADE).

9 Section 596(a) of title 10, United States Code, is

10 amended—

11 (1) by inserting ‘‘(1)’’ after ‘‘(a) IN GENERAL.—

12 ’’; and

13 (2) by striking out ‘‘an accredited educational

14 institution’’ and inserting in lieu thereof ‘‘an edu15 cational institution described in paragraph (2)’’; and

16 (3) by adding at the end the following new para17 graph:

18 ‘‘(2) An educational institution referred to in para19 graph (1) is—

20 ‘‘(A) an accredited educational institution; or

21 ‘‘(B) an unaccredited educational institution if

22 at least three accredited educational institutions gen23 erally grant baccalaureate degree credit for comple24 tion of courses of the unaccredited institution equiva25 lent to the baccalaureate degree credit granted by the
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1 unaccredited institution for the completion of such

2 courses.’’.

3 SEC. 505. LIMITED EXCEPTION FROM BACCALAUREATE DE4 GREE REQUIREMENT FOR ALASKA SCOUT OF5 FICERS.

6 Section 596 of title 10, United States Code, is amend7 ed—

8 (1) by adding at the end of subsection (b) the fol9 lowing new paragraph:

10 ‘‘(5) The appointment or recognition of an indi11 vidual referred to in subsection (c) in a higher grade

12 (not above major) of the Alaska Army National

13 Guard while such individual is serving in a Scout

14 unit or a Scout supporting unit.’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c) PERSONS COVERED BY ALASKA SCOUT EXCEP18 TION.—Subsection (b)(5) applies to a member of the Alaska

19 Army National Guard who resides permanently at a loca20 tion in Alaska that is more than 50 miles from the cities

21 of Anchorage, Fairbanks, and Juneau, Alaska, by paved

22 road.’’.
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1 SEC. 506. ORIGINAL APPOINTMENTS OF LIMITED DUTY OF2 FICERS OF THE NAVY AND MARINE CORPS

3 SERVING IN TEMPORARY GRADES.

4 Section 5589 of title 10, United States Code, is amend5 ed—

6 (1) by redesignating subsection (f) as subsection

7 (g); and

8 (2) by inserting after subsection (e) the following

9 new subsection (f):

10 ‘‘(f) Original appointments as regular officers of the

11 Navy or Marine Corps may be made from among officers

12 serving on active duty in a higher grade pursuant to a tem13 porary appointment in that grade under section 5596 of

14 this title. The grade in which an officer is appointed under

15 this subsection shall be the grade in which the officer is serv16 ing pursuant to the temporary appointment. The officer’s

17 date of rank for the grade of the original appointment shall

18 be the same as the date of rank for the grade of the tem19 porary appointment.’’.

20 SEC. 507. SELECTION FOR DESIGNATED JUDGE ADVOCATE

21 POSITIONS.

22 (a) To the extent that selection for the positions de23 scribed in subsection (b) is not governed by Chapter 36 of

24 title 10, United States Code, the Secretary of Defense shall

25 prescribe regulations to ensure that officers selected to serve

26 in such positions are selected for such service by boards gov-
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1 erned, insofar as practicable, by the procedures prescribed

2 for selection boards under Chapter 36 of title 10, United

3 States Code.

4 (b) The positions referred to in subsection (a) are—

5 (1) the Judge Advocate General and Assistant

6 Judge Advocate General of the Army,

7 (2) the Judge Advocate General and Deputy

8 Judge Advocate General of the Navy,

9 (3) the Staff Judge Advocate to the Commandant

10 of the Marine Corps, and

11 (4) the Judge Advocate General and Deputy

12 Judge Advocate General of the Air Force.

13 Subtitle B—Reserve Component

14 Matters

15 SEC. 511. REVIEW OF OPPORTUNITIES FOR ORDERING INDI16 VIDUAL RESERVES TO ACTIVE DUTY WITH

17 CONSENT.

18 (a) REVIEW REQUIRED.—The Secretary of Defense

19 shall—

20 (1) review the opportunities for individual mem21 bers of the reserve components of the Armed Forces to

22 be ordered to active duty, with the consent of the

23 members concerned, during peacetime in positions

24 traditionally filled by active duty personnel; and
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1 (2) identify and remove any impediments, in

2 regulations or other administrative rules, to increas3 ing such opportunities.

4 (b) REPORT.—Not later than 90 days after the date

5 of the enactment of this Act, the Secretary shall submit to

6 the Committees on Armed Services of the Senate and the

7 House of Representatives a report on the results of the re8 view. The report shall contain—

9 (1) a plan for increasing the opportunities for

10 individual members of the reserve components of the

11 Armed Forces to be ordered to active duty, with the

12 consent of the members concerned, during peacetime

13 in positions traditionally filled by active duty person14 nel; and

15 (2) any additional legislation that the Secretary

16 considers necessary in order to increase such opportu17 nities.

18 SEC. 512. INCREASED PERIOD OF ACTIVE DUTY SERVICE

19 FOR SELECTED RESERVE FORCES MOBILIZED

20 OTHER THAN DURING WAR OR NATIONAL

21 EMERGENCY.

22 (a) REVISION TO PERIOD OF EXTENSION OF ACTIVE

23 DUTY.—Section 673b of title 10, United States Code, is

24 amended—
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1 (1) in subsection (a), by striking out ‘‘90 days.’’

2 and inserting in lieu thereof ‘‘180 days.’’; and

3 (2) by striking out subsection (i).

4 (b) REPORT REQUIRED.—(1) Not later than April 1,

5 1995, the Secretary of Defense shall submit to the congres6 sional defense committees a report on increasing the author7 ity of the President to order units and members of the re8 serve components to active duty without the consent of the

9 members concerned.

10 (2) The report shall include the following:

11 (A) An analysis of options for increased presi12 dential authority.

13 (B) An assessment of the effects of each option on

14 recruiting, retention, employer support for the reserve

15 components, and the families of members of the re16 serve components.

17 (C) Programs that the Secretary recommends to

18 mitigate any negative effects.

19 (D) Any option that the Secretary recommends.

20 (E) Any proposed legislation that the Secretary

21 considers necessary to implement any recommended

22 option.
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1 SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING

2 TO TRANSFER OF REGULAR ENLISTED MEM3 BERS TO RESERVE COMPONENTS.

4 (a) ARMY.—Section 3914 of title 10, United States

5 Code, is amended by striking out the second and third sen6 tences.

7 (b) AIR FORCE.—Section 8914 of such title, is amend8 ed by striking out the second and third sentences.

9 SEC. 514. SENSE OF THE SENATE CONCERNING THE TRAIN10 ING AND MODERNIZATION OF THE RESERVE

11 COMPONENTS.

12 (a) FINDINGS.—(1) The force structure specified in the

13 Pentagon’s Bottom Up Review assumes increased reliance

14 on the reserve components of the Armed Forces;

15 (2) The mobilization of the reserve components for the

16 Persian Gulf War was handicapped by training, readiness,

17 and equipment shortfalls;

18 (3) The mobilization of the Army reserve components

19 for the Persian Gulf War was handicapped by lack of a

20 standard readiness evaluation system, which resulted in a

21 lengthy reevaluation of training and equipment readiness

22 of Army National Guard and Reserve units before they

23 could by deployed;

24 (4) Funding and scheduling constraints continue to

25 limit the opportunity for combat units of the Army Na26 tional Guard to carry out adequate maneuver training;
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1 (5) Funding constraints continue to handicap the

2 readiness and modernization of the reserve components and

3 their interoperability with the active forces: Now, therefore

4 (b) PURPOSE.—It is the sense of the Senate that the

5 Department of Defense should establish a standard readi6 ness and evaluation system and that it should provide in

7 its annual budget submissions adequate resources to ensure

8 that National Guard and reserve units are trained and

9 modernized to the standards needed for them to carry out

10 the full range of missions required of them under the Bottom

11 Up Review.

12 Subtitle C—Other Matters

13 SEC. 521. REVIEW OF CERTAIN DISMISSALS FROM THE

14 UNITED STATES MILITARY ACADEMY.

15 (a) REVIEW REQUIRED.—The Secretary of the Army

16 shall promptly carry out a thorough review of the dismissals

17 from the Corps of Cadets of the United States Military

18 Academy of James Webster Smith in 1874 and Johnson

19 Chesnut Whittaker in 1882.

20 (b) PURPOSES OF REVIEW.—The purpose of each re21 view shall be to determine the validity of the original pro22 ceedings and the extent, if any, to which racial prejudice

23 or other improper factors now known may have tainted the

24 original proceedings.
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1 (c) CORRECTION OF RECORDS.—If the Secretary deter2 mines that the dismissal of James Webster Smith or John3 son Chesnut Whittaker was in error or an injustice, the Sec4 retary may correct that person’s military records (includ5 ing the records of proceedings in such case).

6 (d) POSTHUMOUS COMMISSION.—Upon recommenda7 tion of the Secretary in the case of James Webster Smith

8 or Johnson Chesnut Whittaker, the President may issue in

9 the name of James Webster Smith or Johnson Chesnut

10 Whittaker, as the case may be, a posthumous commission

11 as an officer in the regular Army in the grade of second

12 lieutenant. Sections 1521(b) and 1523 of title 10, United

13 States Code, shall apply with respect to a commission so

14 issued.

15 SEC. 522. TRANSITIONAL COMPENSATION AND OTHER BEN16 EFITS FOR DEPENDENTS OF MEMBERS SEPA17 RATED FOR DEPENDENT ABUSE.

18 (a) REQUIREMENT.—Subsection (a) of section 1058 of

19 title 10, United States Code, as added by section 554(a)(1)

20 of Public Law 103–160 (197 Stat. 1663), is amended by

21 amending subsection (e) to read as follows:

22 ‘‘(e) COMMENCEMENT AND DURATION OF PAYMENT.—

23 (1) Payment of transitional compensation under this sec24 tion—
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1 ‘‘(A) in the case of a member convicted by a

2 court-martial for a dependent-abuse offense, may com3 mence as of the date of the approval of the court-mar4 tial sentence by the person acting under section

5 860(c) of this title (article 60(c) of the Uniform Code

6 of Military Justice) if the sentence, as approved, in7 cludes a dismissal, dishonorable discharge, bad con8 duct discharge, or forfeiture of all pay and allow9 ances; and

10 ‘‘(B) in the case of a member being considered

11 under applicable regulations for administrative sepa12 ration from active duty in accordance with such regu13 lations (if the basis for the separation includes a de14 pendent-abuse offense), may commence as of the date

15 on which the separation action is initiated by a com16 mander of the member pursuant to such regulations,

17 as determined by the Secretary concerned.

18 ‘‘(2) Transitional compensation with respect to a

19 member may be paid for a period of 36 months, except that,

20 if as of the date on which payment of transitional com21 pensation commences the unserved portion of the member’s

22 period of obligated active duty service is less than 36

23 months, the period for which transitional compensation is

24 paid shall be equal to the greater of—
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1 ‘‘(A) the unserved portion of the member’s period

2 of obligated active duty service; or

3 ‘‘(B) 12 months.

4 ‘‘(3)(A) If a member is sentenced by a court-martial

5 to receive punishment that includes a dismissal, dishonor6 able discharge, bad conduct discharge, or forfeiture of all

7 pay and allowances as a result of a conviction by a court8 martial for a dependent-abuse offense and each such punish9 ment applicable to the member under the sentence is remit10 ted, set aside, or mitigated to a lesser punishment that does

11 not include any such punishment, any payment of transi12 tional compensation that has commenced under this section

13 on the basis of such sentence in that case shall cease.

14 ‘‘(B) If administrative separation of a member from

15 active duty is proposed on a basis that includes a depend16 ent-abuse offense and the proposed administrative separa17 tion is disapproved by competent authority under applica18 ble regulations, payment of transitional compensation in

19 such case shall cease.

20 ‘‘(C) Cessation of payments under subparagraph (A)

21 or (B) shall be effective as of the first day of the first month

22 following the month in which the Secretary concerned noti23 fies the recipient of such transitional compensation in writ24 ing that payment of the transitional compensation will

25 cease. The recipient may not be required to repay amounts
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1 of transitional compensation received before that effective

2 date (except to the extent necessary to recoup any amount

3 that was erroneous when paid).’’.

4 (c) HEALTH, COMMISSARY, AND OTHER BENEFITS.—

5 Such section is further amended—

6 (1) by redesignating subsections (j) and (k) as

7 subsections (k) and (l), respectively; and

8 (2) by inserting after subsection (i) the following

9 new subsection (j):

10 ‘‘(j) HEALTH, COMMISSARY, AND OTHER BENEFITS.—

11 (1) A dependent or former dependent entitled to payment

12 of monthly transitional compensation under this section

13 shall, while receiving payments in accordance with this sec14 tion, be entitled to receive medical and dental care, to use

15 commissary and exchange stores, and to receive any other

16 benefit that a dependent of a member of the armed forces

17 is entitled to receive on the basis of being a dependent of

18 a member of the armed forces to the same extent and in

19 the same manner as a dependent of a member of the armed

20 forces on active duty for a period of not more than 30 days.

21 ‘‘(2) If a dependent or former dependent eligible or en22 titled to receive a particular benefit under this subsection

23 is eligible or entitled to receive that benefit under another

24 provision of law, the eligibility or entitlement of that de25 pendent or former dependent to such benefit shall be deter-
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1 mined under such other provision of law instead of this sub2 section.’’.

3 (c) CONFORMING AMENDMENTS.—(1) The heading for

4 such section is amended to read as follows:

5 ‘‘§ 1058. Dependents of members separated for depend6 ent abuse: transitional compensation and

7 other benefits’’.

8 (2) The table of sections at the beginning of chapter

9 53 of such title is amended by striking out the item relating

10 to section 1058 (as added by section 554(a)(2) of Public

11 Law 103–160 (107 Stat. 1066)) and inserting in lieu there12 of the following:

‘‘1058. Dependents of members separated for dependent abuse: transitional compensation and other benefits.’’.

13 TITLE VI—COMPENSATION AND

14 OTHER PERSONNEL BENEFITS

15 Subtitle A—Pay and Allowances

16 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.

17 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

18 adjustment required by section 1009 of title 37, United

19 States Code, in elements of compensation of members of the

20 uniformed services to become effective during fiscal year

21 1995 shall not be made.

22 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effec23 tive on January 1, 1995, the rates of basic pay, basic allow24 ance for subsistence, and basic allowance for quarters of
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1 members of the uniformed services are increased by 2.6 per2 cent.

3 Subtitle B—Bonuses and Special

4 and Incentive Pays

5 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

6 FORCES.

7 (a) SELECTED RESERVE REENLISTMENT BONUS.—

8 Section 308b(f) of title 37, United States Code, is amended

9 by striking out ‘‘September 30, 1995’’ and inserting in lieu

10 thereof ‘‘September 30, 1996’’.

11 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec12 tion 308c(e) of title 37, United States Code, is amended by

13 striking out ‘‘September 30, 1995’’ and inserting in lieu

14 thereof ‘‘September 30, 1996’’.

15 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec16 tion 308e(e) of title 37, United States Code, is amended by

17 striking out ‘‘September 30, 1995’’ and inserting in lieu

18 thereof ‘‘September 30, 1996’’.

19 (d) READY RESERVE ENLISTMENT AND REENLIST20 MENT BONUS.—Section 308h(g) of title 37, United States

21 Code, is amended by striking out ‘‘September 30, 1995’’ and

22 inserting in lieu thereof ‘‘September 30, 1996’’.

23 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

24 308i(i) of title 37, United States Code, is amended by strik-
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1 ing out ‘‘September 30, 1995’’ and inserting in lieu thereof

2 ‘‘September 30, 1996’’.

3 SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BO4 NUSES AND SPECIAL PAY FOR NURSE OFFI5 CER CANDIDATES, REGISTERED NURSES, AND

6 NURSE ANESTHETISTS.

7 (a) NURSE OFFICER CANDIDATE ACCESSION PRO8 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

9 is amended by striking out ‘‘September 30, 1995,’’ and in10 serting in lieu thereof ‘‘September 30, 1998,’’.

11 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

12 Section 302d(a)(1) of title 37, United States Code, is

13 amended by striking out ‘‘September 30, 1995,’’ and insert14 ing in lieu thereof ‘‘September 30, 1998,’’.

15 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES16 THETISTS.—Section 302e(a)(1) of title 37, United States

17 Code, is amended—

18 (1) by striking out ‘‘September 30, 1995,’’ and

19 inserting in lieu thereof ‘‘September 30, 1998,’’; and

20 (2) by striking out ‘‘$6,000’’ and inserting in

21 lieu thereof ‘‘$15,000’’.
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1 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY2 MENT OF OTHER BONUSES AND SPECIAL

3 PAYS.

4 (a) AVIATION OFFICER RETENTION BONUS.—Section

5 301b(a) of title 37, United States Code, is amended by strik6 ing out ‘‘September 30, 1994’’ and inserting in lieu thereof

7 ‘‘September 30, 1995’’.

8 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

9 Section 308(g) of title 37, United States Code, is amended

10 by striking out ‘‘September 30, 1995’’ and inserting in lieu

11 thereof ‘‘September 30, 1996’’.

12 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

13 Sections 308a(c) and 308f(c) of title 37, United States Code,

14 are each amended by striking out ‘‘September 30, 1995’’

15 and inserting in lieu thereof ‘‘September 30, 1996’’.

16 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

17 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIOR18 ITY UNITS.—Section 308d(c) of title 37, United States

19 Code, is amended by striking out ‘‘September 30, 1995’’ and

20 inserting in lieu thereof ‘‘September 30, 1996’’.

21 (e) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

22 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

23 RESERVE.—Section 2172(d) of title 10, United States Code,

24 is amended by striking out ‘‘October 1, 1995’’ and inserting

25 in lieu thereof ‘‘October 1, 1996’’.
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1 (f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

2 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—Sec3 tion 613(d) of the National Defense Authorization Act, Fis4 cal Year 1989 (37 U.S.C. 302 note) is amended by striking

5 out ‘‘September 30, 1995’’ and inserting in lieu thereof

6 ‘‘September 30, 1996’’.

7 (g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

8 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

9 of title 37, United States Code, is amended by striking out

10 ‘‘September 30, 1995’’ and inserting in lieu thereof ‘‘Sep11 tember 30, 1996’’.

12 (h) NUCLEAR CAREER ACCESSION BONUS.—Section

13 312b(c) of title 37, United States Code, is amended by strik14 ing out ‘‘September 30, 1995,’’ and inserting in lieu thereof

15 ‘‘September 30, 1996,’’.

16 (i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

17 Section 312c(d) of title 37, United States Code, is amended

18 by striking out ‘‘October 1, 1995’’ and inserting in lieu

19 thereof ‘‘October 1, 1996’’.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANS4 PORTATION MILEAGE TABLES.

5 Section 404(d)(1)(A) of title 37, United States Code,

6 is amended by striking out ‘‘the Secretary of the Army’’

7 and inserting in lieu thereof ‘‘the Secretary of Defense’’.

8 Subtitle D—Retired Pay and

9 Survivor Benefits

10 SEC. 631. CLARIFICATION OF CALCULATION OF RETIRED

11 PAY FOR OFFICERS WHO RETIRE IN A GRADE

12 LOWER THAN THE GRADE HELD AT RETIRE13 MENT.

14 (a) PREVENTION OF RETIRED PAY BASED ON GRADE

15 HIGHER THAN RETIRED GRADE.—Section 1401a(f) of title

16 10, United States Code, is amended—

17 (1) in the first sentence, by inserting ‘‘based on

18 the grade in which the member is retired’’ after ‘‘at

19 an earlier date’’;

20 (2) in the second sentence, by inserting ‘‘, except

21 that such computation may not be based on a rate of

22 basic pay for a grade higher than the grade in which

23 the member is retired’’ before the period at the end;

24 and

25 (3) by striking out the third sentence.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply with respect to the computation of

3 the retired pay of a member of the armed forces who retires

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

5 SEC. 632. CREDITING OF RESERVE SERVICE OF ENLISTED

6 MEMBERS FOR COMPUTATION OF RETIRED

7 PAY.

8 (a) ARMY.—(1) Section 3925 of title 10, United States

9 Code, is amended—

10 (A) in subsection (a), by striking out ‘‘and of

11 computing his retired pay under section 3991 of this

12 title,’’; and

13 (B) by striking out subsection (c).

14 (2) Section 3991 of such title is amended—

15 (A) in subsection (a)—

16 (i) by striking out paragraph (1) and in17 serting in lieu thereof the following:

18 ‘‘(1) FORMULA.—The monthly retired pay of a

19 member entitled to such pay under this subtitle by

20 reason of retirement under a provision of law referred

21 to in paragraph (3) is computed by multiplying the

22 retired pay base (as computed under section 1406(c)

23 or 1407 of this title) by the retired pay multiplier

24 prescribed in section 1409 of this title for the number
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1 of years credited to the member under section 1405 of

2 this title.’’; and

3 (ii) by adding at the end the following new

4 paragraph:

5 ‘‘(3) APPLICABILITY.—Paragraph (1) applies to

6 a member retired under the authority of section 3911,

7 3914, 3917, 3918, 3920, or 3924 of this title.’’; and

8 (B) in subsection (b), by striking out paragraph

9 (3).

10 (3) The text of section 3992 of such title is amended

11 to read as follows:

12 ‘‘(a) RECOMPUTATION REQUIRED.—An enlisted mem13 ber or warrant officer of the Army who is advanced on the

14 retired list under section 3964 of this title is entitled to

15 recompute the member’s or officer’s retired pay in accord16 ance with this section.

17 ‘‘(b) FORMULA.—To recompute an enlisted member’s

18 retired pay or a warrant officer’s retired pay, multiply the

19 retired pay base (as computed under section 1406(c) or

20 1407 of this title) by the retired pay multiplier prescribed

21 in section 1409 of this title for the number of years credited

22 to the member or officer under section 1405 of this title.

23 ‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The

24 amount computed under subsection (b), if not a multiple

25 of $1, shall be rounded to the next lower multiple of $1.’’.
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1 (b) NAVY AND MARINE CORPS.—The table in section

2 6333(a) of title 10, United States Code, is amended by strik3 ing out ‘‘his years of active service in the armed forces’’

4 in formula C under the column designated ‘‘Column 2’’ and

5 inserting in lieu thereof ‘‘the years of service credited to

6 him under section 1405’’.

7 (c) AIR FORCE.—(1) Section 8925 of title 10, United

8 States Code, is amended—

9 (A) in subsection (a), by striking out ‘‘and of

10 computing his retired pay under section 8991 of this

11 title,’’; and

12 (B) by striking out subsection (c).

13 (2) Section 8991 of such title is amended—

14 (A) in subsection (a)—

15 (i) by striking out paragraph (1) and in16 serting in lieu thereof the following:

17 ‘‘(1) FORMULA.—The monthly retired pay of a

18 member entitled to such pay under this subtitle by

19 reason of retirement under a provision of law referred

20 to in paragraph (3) is computed by multiplying the

21 retired pay base (as computed under section 1406(e)

22 or 1407 of this title) by the retired pay multiplier

23 prescribed in section 1409 of this title for the number

24 of years credited to the member under section 1405 of

25 this title.’’; and
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1 (ii) by adding at the end the following new

2 paragraph:

3 ‘‘(3) APPLICABILITY.—Paragraph (1) applies to

4 a member retired under the authority of section 8911,

5 8914, 8917, 8918, 8920, or 8924 of this title.’’; and

6 (B) in subsection (b), by striking out paragraph

7 (3).

8 (3) The text of section 8992 of such title is amended

9 to read as follows:

10 ‘‘(a) RECOMPUTATION REQUIRED.—An enlisted mem11 ber or warrant officer of the Air Force who is advanced

12 on the retired list under section 8964 of this title is entitled

13 to recompute the member’s or officer’s retired pay in accord14 ance with this section.

15 ‘‘(b) FORMULA.—To recompute an enlisted member’s

16 retired pay or a warrant officer’s retired pay, multiply the

17 retired pay base (as computed under section 1406(e) or

18 1407 of this title) by the retired pay multiplier prescribed

19 in section 1409 of this title for the number of years credited

20 to the member or officer under section 1405 of this title.

21 ‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The

22 amount computed under subsection (b), if not a multiple

23 of $1, shall be rounded to the next lower multiple of $1.’’.
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1 (d) CONFORMING AMENDMENT.—Section 1405 of such

2 title is amended by adding at the end the following new

3 subsection:

4 ‘‘(c) EXCLUSION OF TIME REQUIRED TO BE MADE

5 UP.—Time required to be made up by an enlisted member

6 of the Army or Air Force under section 972 of this title

7 may not be counted in determining years of service under

8 subsection (a).’’.

9 (e) EFFECTIVE DATE.—This section shall apply to the

10 computation of the retired or retainer pay of any enlisted

11 member who retires or is transferred to the Fleet Reserve

12 or the Fleet Marine Corps Reserve on or after the date of

13 the enactment of this Act.

14 SEC. 633. FORFEITURE OF ANNUITY OR RETIRED PAY OF

15 MEMBERS CONVICTED OF ESPIONAGE.

16 (a) FORFEITURE.—Section 8312(b)(2)(A) of title 5,

17 United States Code, is amended—

18 (1) by striking out ‘‘or article 106 (spies)’’ and

19 inserting in lieu thereof ‘‘, article 106 (spies), or arti20 cle 106a (espionage)’’; and

21 (2) by striking out ‘‘or article 106’’ and insert22 ing in lieu thereof ‘‘, article 106, or article 106a’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect on the date of the enactment

25 of this Act and shall apply to persons convicted of espionage
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1 under section 906a of title 10, United States Code (article

2 106a of the Uniform Code of Military Justice), on or after

3 the date of the enactment of this Act.

4 SEC. 634. COMPUTATION OF RETIRED PAY TO PREVENT PAY

5 INVERSIONS.

6 Section 1401a(f) of title 10, United States Code, is

7 amended—

8 (1) by inserting ‘‘(1)’’ after ‘‘(f) PREVENTION OF

9 PAY INVERSIONS.—’’; and

10 (2) by adding at the end the following new para11 graph:

12 ‘‘(2)(A) Subject to subparagraph (B), for the purpose

13 of computing the monthly retired pay of a member or

14 former member of an armed force under paragraph (1), the

15 Secretary concerned may waive any provision of a regula16 tion that, as such provision was in effect on the earlier date

17 applicable to the member or former member under para18 graph (1), required a member to serve for a minimum pe19 riod in a grade as a condition for retirement in that grade.

20 ‘‘(B) Any waiver under subparagraph (A) shall apply

21 in the case of a member or former member only to that

22 part of the minimum period of service provided for a grade

23 in the regulation that exceeds the minimum period of serv24 ice in such grade that was authorized by a provision of

25 this title to be required as a condition for retirement in
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1 that grade (as such provision of this title was in effect on

2 the earlier date applicable to the member or former member

3 under paragraph (1)).

4 ‘‘(C) The Secretary concerned may waive the provision

5 of a regulation under subparagraph (A) in the case of a

6 particular member or former member or for any group of

7 members or former members.’’.

8 SEC. 635. COST-OF-LIVING INCREASES IN SBP CONTRIBU9 TIONS TO BE EFFECTIVE CONCURRENTLY

10 WITH PAYMENT OF RELATED RETIRED PAY

11 COST-OF-LIVING INCREASES.

12 (a) SURVIVOR BENEFIT PLAN.—Section 1452(h) of

13 title 10, United States Code, is amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(2)(A) Notwithstanding paragraph (1), when the ini18 tial payment of an increase in retired pay under section

19 1401a of this title (or any other provision of law) to a per20 son is later than the effective date of that increase by reason

21 of the application of subsection (b)(2)(B) of such section,

22 then the amount of the reduction in the person’s retired pay

23 shall be effective on the date of that initial payment of the

24 increase in retired pay rather than the effective date of the

25 increase in retired pay.
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1 ‘‘(B) Subparagraph (A) may not be construed as de2 laying, for purposes of determining the amount of a month3 ly annuity under section 1451 of this title, the effective date

4 of an increase in a base amount under subsection (h) of

5 such section from the effective date of an increase in retired

6 pay under section 1401a of this title to the date on which

7 the initial payment of that increase in retired pay is made

8 in accordance with subsection (b)(2)(B) of such section

9 1401a.’’.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect with respect to retired pay pay12 able for months beginning on or after the date of the enact13 ment of this Act.

14 SEC. 636. REQUIREMENT FOR EQUAL TREATMENT OF CIVIL15 IAN AND MILITARY RETIREES IN THE EVENT

16 OF DELAYS IN COST-OF-LIVING ADJUST17 MENTS.

18 (a) CIVIL SERVICE ANNUITIES.—(1) Section 8340 of

19 title 5, United States Code, is amended—

20 (A) in subsection (b), by striking out ‘‘Except as

21 provided in subsection (c)’’ and inserting in lieu

22 thereof ‘‘Except as provided in subsections (c) and

23 (h)’’; and

24 (B) by adding at the end the following new sub25 section:
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1 ‘‘(h)(1) Whenever, by law, there is a difference between

2 the date on which a cost-of-living adjustment under this sec3 tion is to take effect and the date on which a corresponding

4 cost-of-living adjustment of the retired pay of members and

5 former members of the uniformed services under section

6 1401a of title 10 is to take effect, then, notwithstanding sub7 section (b) and any other provision of law, the date on

8 which the cost-of-living adjustment under this section takes

9 effect shall be the earlier of the two dates.

10 ‘‘(2) Whenever, by law, there is a difference between

11 the first month for which a cost-of-living adjustment taking

12 effect under this section is payable and the first month for

13 which a corresponding cost-of-living adjustment of the re14 tired pay of members and former members of the uniformed

15 services taking effect under section 1401a of title 10 is pay16 able, then the first month for which the cost-of-living adjust17 ment under this section is first payable shall (notwithstand18 ing the effective date provided for such adjustment in sub19 section (b) of this section or in any other law) be the earlier

20 of the two months.

21 ‘‘(3) For purposes of this subsection, a cost-of-living

22 adjustment of the retired pay of members and former mem23 bers of the uniformed services under section 1401a of title

24 10 corresponds to a cost-of-living adjustment under this sec25 tion when, without regard to any provision of law other
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1 than subsection (b) of this section and section 1401a(b)(1)

2 of title 10, the cost-of-living adjustments under this section

3 and under section 1401a of title 10 would take effect on

4 the same date.’’.

5 (2) Section 8462 of title 5, United States Code, is

6 amended—

7 (A) in subsection (b)(1), by striking out ‘‘Except

8 as provided in subsection (c)’’ and inserting in lieu

9 thereof ‘‘Except as provided in subsections (c) and

10 (f)’’; and

11 (B) by adding at the end the following new sub12 section:

13 ‘‘(f)(1) Whenever, by law, there is a difference between

14 the date on which a cost-of-living adjustment under this sec15 tion is to take effect and the date on which a corresponding

16 cost-of-living adjustment of the retired pay of members and

17 former members of the uniformed services under section

18 1401a of title 10 is to take effect, then, notwithstanding sub19 section (b)(1) and any other provision of law, the date on

20 which the cost-of-living adjustment under this section takes

21 effect shall be the earlier of the two dates.

22 ‘‘(2) Whenever, by law, there is a difference between

23 the first month for which a cost-of-living adjustment taking

24 effect under this section is payable and the first month for

25 which a corresponding cost-of-living adjustment of the re-
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1 tired pay of members and former members of the uniformed

2 services taking effect under section 1401a of title 10 is pay3 able, then the first month for which the cost-of-living adjust4 ment under this section is first payable shall (notwithstand5 ing the effective date provided for such adjustment in sub6 section (b)(1) of this section or in any other law) be the

7 earlier of the two months.

8 ‘‘(3) For purposes of this subsection, a cost-of-living

9 adjustment of the retired pay of members and former mem10 bers of the uniformed services under section 1401a of title

11 10 corresponds to a cost-of-living adjustment under this sec12 tion when, without regard to any provision of law other

13 than subsection (b)(1) of this section and section

14 1401a(b)(1) of title 10, the cost-of-living adjustments under

15 this section and under section 1401a of title 10 would take

16 effect on the same date.’’.

17 (b) UNIFORMED SERVICES RETIRED PAY.—Section

18 1401a of title 10, United States Code, is amended—

19 (1) in subsection (b)(1), by inserting (except as

20 provided in subsection (i))’’ after ‘‘Effective on De21 cember 1 of each year’’; and

22 (2) by adding at the end the following new sub23 section:

24 ‘‘(i)(1) Whenever, by law, there is a difference between

25 the date on which a cost-of-living adjustment under this sec-
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1 tion is to take effect and the date on which a corresponding

2 cost-of-living adjustment of annuities of retired employees

3 of the United States under section 8340 or 8462 of title

4 5 is to take effect, then, notwithstanding subsection (b) and

5 any other provision of law, the date on which the cost-of6 living adjustment under this section takes effect shall be the

7 earlier (or earliest) such date.

8 ‘‘(2) Whenever, by law, there is a difference between

9 the first month for which a cost-of-living adjustment taking

10 effect under this section is payable and the first month for

11 which a corresponding cost-of-living adjustment of annu12 ities of retired employees of the United States taking effect

13 under section 8340 or 8462 of title 5 is payable, then the

14 first month for which the cost-of-living adjustment under

15 this section is first payable shall (notwithstanding the effec16 tive date provided for such adjustment in subsection (b)(1)

17 of this section or in any other law) be the earlier (or earli18 est) such month.

19 ‘‘(3) For purposes of this subsection, a cost-of-living

20 adjustment of annuities of retired employees of the United

21 States under section 8340 or 8462 of title 5 corresponds

22 to a cost-of-living adjustment under this section when, with23 out regard to any provision of law other than subsection

24 (b)(1) of this section and sections 8340(b) and 8462(b)(1)

25 of title 5, the cost-of-living adjustments under this section
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1 and under sections 8340 and 8462 of title 5 would take

2 effect on the same date.’’.

3 (c) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect on October 1,

5 1998.

6 Subtitle E—Defense Conversion, Re7 investment, and Transition As8 sistance Matters

9 SEC. 641. ELIGIBILITY OF MEMBERS RETIRED UNDER TEM10 PORARY SPECIAL RETIREMENT AUTHORITY

11 FOR SERVICEMEN’S GROUP LIFE INSURANCE.

12 (a) ELIGIBILITY.—Section 1965(5) of title 38, United

13 States Code, is amended—

14 (1) by striking out ‘‘and’’ at the end of subpara15 graph (C);

16 (2) by redesignating subparagraph (D) as sub17 paragraph (E); and

18 (3) by inserting after subparagraph (C) the fol19 lowing new subparagraph (D):

20 ‘‘(D) a person transferred to the Retired Re21 serve of a uniformed service under the temporary

22 special retirement authority provided in section

23 1331a of title 10 who has not received the first

24 increment of retirement pay or has not reached

25 sixty-one years of age; and’’.
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1 (b) INSURANCE COVERAGE.—Section 1967(a) of such

2 title is amended—

3 (1) by striking out ‘‘and’’ at the end of para4 graph (2);

5 (2) by adding ‘‘and’’ at the end of paragraph

6 (3);

7 (3) by inserting after paragraph (3) the follow8 ing:

9 ‘‘(4) any member assigned to the Retired Reserve

10 of a uniform service who meets the qualifications set

11 forth in section 1965(5)(D) of this title;’’; and

12 (4) in the second sentence, by inserting after

13 ‘‘section 1965(5)(C) of this title,’’ the following: ‘‘or

14 the first day a member of the Reserves meets the

15 qualifications of section 1965(5)(D) of this title,’’.

16 (c) DURATION OF COVERAGE.—Section 1968(a) of such

17 title is amended—

18 (1) in the matter above paragraph (1), by strik19 ing out ‘‘section 1965(5)(B) or (C)’’ and inserting in

20 lieu thereof ‘‘subparagraphs (B), (C), or (D) of section

21 1965(5)’’;

22 (2) in paragraph (4)—

23 (A) by striking out ‘‘or’’ at the end of sub24 paragraph (A);
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1 (B) by striking out the period at the end of

2 subparagraph (B) and inserting in lieu thereof

3 ‘‘; or’’; and

4 (C) by adding at the end the following new

5 subparagraph:

6 ‘‘(C) unless on the date of such separation

7 or release the member is transferred to the Re8 tired Reserve of a uniformed service under the

9 temporary special retirement authority provided

10 in section 1331a of title 10, in which event the

11 insurance, unless converted to an individual pol12 icy under terms and conditions set forth in sec13 tion 1977(e) of this title, shall, upon timely pay14 ment of premiums under terms prescribed by the

15 Secretary directly to the administrative office es16 tablished under section 1966(b) of this title, con17 tinue in force until receipt of the first increment

18 of retirement pay by the member or the member’s

19 sixty-first birthday, whichever occurs earlier.’’;

20 and

21 (3) by adding at the end the following:

22 ‘‘(6) with respect to a member of the Retired Re23 serve who meets the qualifications of section

24 1965(5)(D) of this title, at such time as the member

25 receives the first increment of retirement pay, or the
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1 member’s sixty-first birthday, whichever occurs ear2 lier, subject to the timely payment of the initial and

3 subsequent premiums, under terms prescribed by the

4 Secretary, directly to the administrative office estab5 lished under section 1966(b) of this title.’’.

6 (d) DEDUCTIONS.—Section 1969 of such title is

7 amended—

8 (1) in subsection (a)(2)—

9 (A) by striking out ‘‘or is assigned’’ and in10 serting in lieu thereof ‘‘is assigned’’; and

11 (B) by inserting after ‘‘section 1965(5)(C)

12 of this title,’’ the following: ‘‘or is assigned to the

13 Retired Reserve and meets the qualifications of

14 section 1965(5)(D) of this title,’’; and

15 (2) in subsection (e), by striking out ‘‘section

16 1965(5)(C)’’ in the first sentence and inserting in lieu

17 thereof ‘‘subparagraph (C) or (D) of section 1965(5)‘‘.

18 SEC. 642. ANNUAL PAYMENTS FOR MEMBERS RETIRED

19 UNDER GUARD AND RESERVE TRANSITION

20 INITIATIVE.

21 (a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS.—

22 Subsection (d) of section 4416 of the Defense Conversion,

23 Reinvestment, and Transition Assistance Act of 1992 (divi24 sion D of Public Law 102–484; 10 U.S.C. 1162 note) is

25 amended—
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1 (1) by striking out ‘‘for 5 years’’ and inserting

2 in lieu thereof ‘‘for a period of years prescribed by the

3 Secretary concerned’’;

4 (2) by striking out ‘‘5-year’’; and

5 (3) by adding at the end the following: ‘‘A period

6 prescribed for purposes of this subsection may not be

7 less than one year nor more than five years.’’.

8 (b) COMPUTATION OF ANNUAL PAYMENT.—Subsection

9 (e) of such section is amended by adding at the end the

10 following:

11 ‘‘(3) In the case of a member who will attain 60 years

12 of age within one year after the date on which an annual

13 payment would otherwise be made to the member under this

14 section, the amount of the payment made on that date shall

15 be computed under this paragraph instead of paragraph

(1). The amount of such payment shall be equal to 1 16 ⁄12 of

17 the product of—

18 ‘‘(A) the amount computed for the member under

19 paragraph (1); and

‘‘(B) the number equal to 1 20 ⁄30 of the total number

21 of days in the period beginning on such date and end22 ing on the day before the date of the member’s 60th

23 birthday.’’.

24 (c) COORDINATION WITH RETIRED PAY.—Such section

25 is further amended by adding at the end the following:
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1 ‘‘(i) COORDINATION WITH RETIRED PAY.—Fifty per2 cent of the monthly amount of retired pay payable under

3 chapter 67 of this title to a member who receives one or

4 more annual payments under this section shall be deducted

5 and withheld from such monthly amount of retired pay. The

6 deductions shall be terminated when the total amount so

7 deducted and withheld equals the total amount paid to the

8 member under this section. The amount deducted and with9 held from the last monthly payment of retired pay before

10 termination of deductions may be less than 50 percent of

11 the monthly amount.’’.

12 SEC. 643. INCREASED ELIGIBILITY AND APPLICATION PERI13 ODS FOR TROOPS-TO-TEACHERS PROGRAM.

14 (a) PERIOD OF ELIGIBILITY.—Subsection (c) of section

15 1151 of title 10, United States Code, is amended—

16 (1) in paragraph (1)(A), by striking out ‘‘seven17 year period beginning on October 1, 1992,’’ and in18 serting in lieu thereof ‘‘nine-year period beginning on

19 October 1, 1990,’’; and

20 (2) by striking out paragraph (4).

21 (b) APPLICATION PERIOD.—Subsection (e)(1) of such

22 section is amended by striking out ‘‘submitted’’ in the first

23 sentence and all that follows through the end of the second

24 sentence and inserting in lieu thereof ‘‘timely submitted to

25 the Secretary of Defense. An application is timely submit-
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1 ted if the application is submitted not later than the latest

2 date applicable to the applicant under this paragraph. An

3 application shall be submitted not later than one year after

4 the date of the discharge or release of the applicant from

5 active duty. In the case of an applicant discharged or re6 leased from active duty before January 19, 1994, an appli7 cation shall be submitted not later than one year after the

8 date of the enactment of the National Defense Authorization

9 Act for Fiscal Year 1995. In the case of an applicant becom10 ing educationally qualified for teacher placement assistance

11 in accordance with subsection (c)(2), an application shall

12 be submitted not later than one year after the date on which

13 the applicant becomes educationally qualified.’’.

14 SEC. 644. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN

15 EMPLOYMENT WITH LAW ENFORCEMENT

16 AGENCIES.

17 (a) REVISED PROGRAM AUTHORITY.—Section 1152 of

18 title 10, United States Code, is amended to read as follows:

19 ‘‘§ 1152. Assistance to eligible members and former

20 members to obtain employment with law

21 enforcement agencies

22 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De23 fense may enter into an agreement with the Attorney Gen24 eral to establish or participate in a program to assist eligi25 ble members and former members of the armed forces to ob-
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1 tain employment as law enforcement officers with State law

2 enforcement agencies, local law enforcement agencies, or In3 dian tribes that perform law enforcement functions (as de4 termined by the Secretary of the Interior) following the dis5 charge or release of such members or former members from

6 active duty.

7 ‘‘(b) ELIGIBLE MEMBERS.—Any member or former

8 member who, during the 6-year period beginning on October

9 1, 1993, is separated from the armed forces with an honor10 able discharge or is released from service on active duty

11 characterized as honorable by the Secretary concerned shall

12 be eligible to participate in a program covered by an agree13 ment referred to in subsection (a).

14 ‘‘(c) SELECTION.—In the selection of applicants for

15 participation in a program covered by an agreement re16 ferred to in subsection (a), preference shall be given to a

17 member or former member who—

18 ‘‘(1) is selected for involuntary separation, is ap19 proved for separation under section 1174a or 1175 of

20 this title, or retires pursuant to the authority pro21 vided in section 4403 of Public Law 102–484 (10

22 U.S.C. 1293 note); and

23 ‘‘(2) has a military occupational specialty,

24 training, or experience related to law enforcement

25 (such as service as a member of the military police)
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1 or satisfies such other criteria for selection as, in ac2 cordance with the agreement, the Secretary, the Attor3 ney General, or a participating State or local law en4 forcement agency or participating Indian tribe may

5 prescribe.

6 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1) The

7 Secretary may provide funds to the Attorney General for

8 grants under this section to reimburse State law enforce9 ment agencies, local law enforcement agencies, or Indian

10 tribes that perform law enforcement functions (as deter11 mined by the Secretary of the Interior) for costs, including

12 salary and fringe benefits, of employing members or former

13 members pursuant to a program referred to in subsection

14 (a).

15 ‘‘(2) No grant with respect to an eligible member or

16 former member may exceed a total of $50,000.

17 ‘‘(3) Any grant with respect to an eligible member or

18 former member shall be disbursed within 5 years after the

19 date of the placement of a member or former member with

20 a participating law enforcement agency or Indian tribe.

21 ‘‘(4) Preference in awarding grants through existing

22 law enforcement hiring programs shall be given to State

23 or local law enforcement agencies or Indian tribes that

24 agree to hire eligible members and former members.
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1 ‘‘(e) ADMINISTRATIVE EXPENSES.—Ten percent of the

2 amount, if any, appropriated for a fiscal year to carry out

3 a program established pursuant to subsection (a) may be

4 used to administer the program.

5 ‘‘(f) REQUIREMENT FOR APPROPRIATION.—No member

6 or former member may be selected to participate in the pro7 gram established by this section unless a sufficient amount

8 of appropriated funds are available at the time of the selec9 tion to satisfy the obligations to be incurred by the United

10 States under an agreement referred to in subsection (a) that

11 applies with respect to such member or former member.’’.

12 (b) CLERICAL AMENDMENT.—The item relating to

13 such section in the table of sections at the beginning of chap14 ter 58 of title 10, United States Code, is amended to read

15 as follows:

‘‘1152. Assistance to eligible members and former members to obtain employment

with law enforcement agencies.’’.

16 SEC. 645. TREATMENT OF RETIRED AND RETAINER PAY OF

17 MEMBERS OF CADRE OF CIVILIAN COMMU18 NITY CORPS.

19 Section 159(c)(3) of the National and Community

20 Service Act of 1990 (42 U.S.C. 12619(c)(3)) is amended by

21 adding at the end the following: ‘‘In the case of a member

22 of the permanent cadre who was recommended for appoint23 ment in accordance with section 162(a)(2)(A) and is enti24 tled to retired or retainer pay, section 5532 of title 5, Unit-
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1 ed States Code, shall not apply to reduce the member’s re2 tired or retainer pay by reason of the member being paid

3 as a member of the cadre.’’.

4 Subtitle F—Other Matters

5 SEC. 651. DISABILITY COVERAGE FOR OFFICER CAN6 DIDATES GRANTED EXCESS LEAVE.

7 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201 of

8 title 10, United States Code, is amended—

9 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

10 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter11 mination’’; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(b) MEMBERS ON EXCESS LEAVE.—(1) Upon a deter15 mination by the Secretary concerned that a member re16 ferred to in paragraph (2) is unfit to perform the duties

17 of the member’s office, grade, rank, or rating because of a

18 physical disability incurred during a period described in

19 such paragraph, the Secretary may retire the member, with

20 retired pay computed under section 1401 of this title, if

21 the Secretary also makes the determinations described in

22 paragraphs (1), (2), and (3) of subsection (a) with regard

23 to such member.

24 ‘‘(2) Paragraph (1) applies to a member of the armed

25 forces who, during a period of authorized absence—
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1 ‘‘(A) is participating in a program leading to

2 appointment, designation, or assignment in the

3 armed forces in an officer category; and

4 ‘‘(B) is not entitled to basic pay by reason of the

5 application of section 502(b) of title 37 to such ab6 sence.’’.

7 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY DIS8 ABILITY RETIRED LIST.—Section 1202 of such title is

9 amended—

10 (1) by striking out ‘‘or any other members’’ and

11 inserting in lieu thereof ‘‘any other members’’; and

12 (2) by inserting after ‘‘more than 30 days,’’ the

13 following: ‘‘or any member referred to in section

14 1201(b)(2) of this title’’.

15 (c) ELIGIBILITY FOR SEPARATION.—Section 1203 of

16 such title is amended—

17 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

18 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter19 mination’’;

20 (2) by striking out the second sentence (relating

21 to transfer to inactive status); and

22 (3) by adding at the end the following new sub23 sections:

24 ‘‘(b) MEMBERS ON EXCESS LEAVE.—Upon a deter25 mination by the Secretary concerned that a member re-
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1 ferred to in paragraph (2) of section 1201(b) of this title

2 is unfit to perform the duties of the member’s office, grade,

3 rank, or rating because of a physical disability incurred

4 during a period described in such paragraph, the Secretary

5 may separate the member, with severance pay computed

6 under section 1212 of this title, if the Secretary also makes

7 the determinations described in paragraphs (1), (2), (3),

8 and (4) of subsection (a) with regard to such member.

9 ‘‘(c) TRANSFER TO INACTIVE STATUS LIST.—If a

10 member authorized to be separated under subsection (a) or

11 (b) is eligible for transfer to the inactive status list under

12 section 1209 of this title, and so elects, the member shall

13 be transferred to that list instead of being separated.’’.

14 (d) CONFORMING AMENDMENTS.—(1) Chapter 61 of

15 title 10, United States Code, is amended—

16 (A) by striking out the heading of section 1201

17 and inserting in lieu thereof the following:

18 ‘‘§ 1201. Regulars, members on active duty for more

19 than 30 days, certain members on excess

20 leave: retirement’’;

21 (B) by striking out the heading of section 1202

22 and inserting in lieu thereof the following:
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1 ‘‘§ 1202. Regulars, members on active duty for more

2 than 30 days, certain members on excess

3 leave: temporary disability retired list’’;

4 and

5 (C) by striking out the heading of section 1203

6 and inserting in lieu thereof the following:

7 ‘‘§ 1203. Regulars, members on active duty for more

8 than 30 days, certain members on excess

9 leave: separation’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by striking out the items relating to sections

12 1201, 1202, and 1203 and inserting in lieu thereof the fol13 lowing:

‘‘1201. Regulars, members on active duty for more than 30 days, certain members

on excess leave: retirement

‘‘1202. Regulars, members on active duty for more than 30 days, certain members

on excess leave: temporary disability retired list.

‘‘1203. Regulars, members on active duty for more than 30 days, certain members

on excess leave: separation.’’.

14 (e) EFFECTIVE DATE.—The amendments made by this

15 section shall take effect on the date of the enactment of this

16 Act and apply with respect to physical disabilities incurred

17 on or after such date.

18 SEC. 652. USE OF MORALE, WELFARE, AND RECREATION FA19 CILITIES BY MEMBERS OF RESERVE COMPO20 NENTS AND DEPENDENTS.

21 Section 1065 of title 10, United States Code, is amend22 ed to read as follows:
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1 ‘‘§ 1065. Use of certain morale, welfare, and recre2 ation facilities by members of reserve com3 ponents and dependents

4 ‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem5 bers of the Selected Reserve in good standing (as determined

6 by the Secretary concerned) shall be permitted to use MWR

7 retail facilities on the same basis as members on active

8 duty.

9 ‘‘(b) RETIREES UNDER AGE 60.—Members of the re10 serve components who would be eligible for retired pay

11 under chapter 67 of this title but for the fact that the mem12 ber is under 60 years of age shall be permitted to use MWR

13 retail facilities on the same basis as retired members and

14 retired former members of the Regular Army, Regular

15 Navy, Regular Air Force, and Regular Marine Corps.

16 ‘‘(c) MEMBERS OF READY RESERVE NOT IN SELECTED

17 RESERVE.—Subject to such regulations as the Secretary of

18 Defense may prescribe, members of the Ready Reserve (other

19 than members of the Selected Reserve) may be permitted

20 to use MWR retail facilities on the same basis as members

21 serving on active duty.

22 ‘‘(d) DEPENDENTS.—(1) Dependents of members re23 ferred to in subsection (a) shall be permitted to use MWR

24 retail facilities on the same basis as dependents of members

25 on active duty.
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1 ‘‘(2) Dependents of members referred to in subsection

2 (b) shall be permitted to use MWR retail facilities on the

3 same basis as dependents of retired members and retired

4 former members of the Regular Army, Regular Navy, Regu5 lar Air Force, and Regular Marine Corps.

6 ‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec7 tion, the term ‘MWR retail facilities’ means exchange stores

8 and other revenue generating facilities operated by

9 nonappropriated fund activities of the Department of De10 fense for the morale, welfare, and recreation of members of

11 the armed forces.’’.

12 SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR

13 DEPARTMENT OF DEFENSE PERSONNEL OUT14 SIDE THE UNITED STATES.

15 (a) IN GENERAL.—Chapter 53 of Title 10, United

16 States Code, is amended by adding at the end the following

17 new section:

18 ‘‘§ 1060a. Special supplemental food program

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may

20 carry out a program to provide special supplemental food

21 benefits to members of the armed forces on duty at stations

22 outside the United States (and its territories and posses23 sions) and to eligible civilians serving with, employed by,

24 or accompanying the armed forces outside the United States

25 (and its territories and possessions).
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1 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

2 the purpose of obtaining Federal payments and commod3 ities in order to carry out the program referred to in sub4 section (a), the Secretary of Agriculture shall make avail5 able to the Secretary of Defense from funds appropriated

6 for such purpose, the same payments and commodities as

7 are made for the special supplemental food program in the

8 United States under section 17 of the Child Nutrition Act

9 of 1966 (42 U.S.C. 1786).

10 ‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec11 retary of Defense shall administer the program referred to

12 in subsection (a) and, except as provided in subparagraph

13 (B), shall determine eligibility for program benefits under

14 the criterion published by the Secretary of Agriculture

15 under section 17 of the Child Nutrition Act of 1966 (42

16 U.S.C. 1786).

17 ‘‘(B) The Secretary of Defense shall prescribe regula18 tions governing computation of income eligibility standards

19 for families of individuals participating in the program

20 under this section.

21 ‘‘(2) The program benefits provided under the program

22 shall be similar to benefits provided by State and local

23 agencies in the United States.

24 ‘‘(d) DEPARTURE FROM STANDARDS.—The Secretary

25 of Defense may authorize departures from standards pre-
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1 scribed by the Secretary of Agriculture regarding the sup2 plemental foods to be made available in the program when

3 local conditions preclude strict compliance or when such

4 compliance is highly impracticable.

5 ‘‘(e) REGULATIONS.—The Secretary of Defense shall

6 prescribe regulations to administer the program authorized

7 by this section.

8 ‘‘(f) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘eligible civilian’ means—

10 ‘‘(A) a dependent of a member of the armed

11 forces residing with the member outside the Unit12 ed States;

13 ‘‘(B) an employee of a military department

14 who is a national of the United States and is re15 siding outside the United States in connection

16 with such individual’s employment or a depend17 ent of such individual residing with the employee

18 outside the United States; or

19 ‘‘(C) an employee of a Department of De20 fense contractor who is a national of the United

21 States and is residing outside the United States

22 in connection with such individual’s employment

23 or a dependent of such individual residing with

24 the employee outside the United States.
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1 ‘‘(2) The term ‘national of the United States’

2 means—

3 ‘‘(A) a citizen of the United States; or

4 ‘‘(B) a person who, though not a citizen of

5 the United States, owes permanent allegiance to

6 the United States (as defined in section

7 101(a)(22) of the Immigration and Nationality

8 Act (8 U.S.C. 1101(a)(22))).

9 ‘‘(3) The term ‘dependent’ has the meaning given

10 such term in subparagraph (A), (D), (E), and (I) of

11 section 1072(2) of this title.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of chapter 53 of title 10, United States Code,

14 is amended by adding at the end the following new item:

‘‘1060a. Special supplemental food program.’’.

15 SEC. 654. REIMBURSEMENT FOR CERTAIN LOSSES OF

16 HOUSEHOLD EFFECTS CAUSED BY HOSTILE

17 ACTION.

18 (a) AUTHORITY TO REIMBURSE.—Chapter 163 of title

19 10, United States Code, is amended by adding at the end

20 the following new section:

21 ‘‘§ 2738. Reimbursement for certain losses of house22 hold effects caused by hostile action

23 ‘‘(a) AUTHORITY TO REIMBURSE.—The Secretary con24 cerned or, subject to appeal to the Secretary, the Judge Ad25 vocate General of an armed force under the Secretary’s ju-
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1 risdiction, or the Chief Counsel of the Coast Guard, as ap2 propriate, if designated by the Secretary, may reimburse

3 a member of the armed forces in an amount not more than

4 $100,000 for a loss described in subsection (b).

5 ‘‘(b) COVERED LOSSES.—This section applies with re6 spect to a loss of household effects sustained during a move

7 made incident to a change of permanent station when, as

8 determined by the Secretary, the loss was caused by a hostile

9 action incident to war or a warlike action by a military

10 force.

11 ‘‘(c) LIMITATION.—The Secretary may provide reim12 bursement under this section for a loss described in sub13 section (b) only to the extent that the loss is not reimbursed

14 under insurance or under the authority of another provision

15 of law.

16 ‘‘(d) APPLICABILITY OF OTHER AUTHORITIES AND RE17 QUIREMENTS.—Subsections (b), (d), (e), (f), and (g) of sec18 tion 2733 of this title shall apply to a request for a reim19 bursement under this section as if the request were a claim

20 against the United States.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of such chapter is amended by adding at the

23 end the following:

‘‘2738. Reimbursement for certain losses of household effects caused by hostile action.’’.
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1 (c) EFFECTIVE DATE.—(1) Section 2738 of title 10,

2 United States Code, as added by subsection (a), applies

3 with respect to losses incurred after June 30, 1990.

4 (2) In the case of a loss incurred after June 30, 1990,

5 and before the date of the enactment of this Act, a request

6 for reimbursement shall be filed with the Secretary of the

7 military department concerned not later than two years

8 after such date of enactment.

9 SEC. 655. PAYMENT FOR TRANSIENT HOUSING FOR RE10 SERVES PERFORMING CERTAIN TRAINING

11 DUTY.

12 Section 404 of title 37, United States Code, is amend13 ed—

14 (1) by redesignating subsection (j) as subsection

15 (k); and

16 (2) by inserting after subsection (i) the following

17 new subsection (j):

18 ‘‘(j)(1) In the case of a member of a reserve component

19 performing annual training duty or inactive-duty training

20 who is not otherwise entitled to travel and transportation

21 allowances in connection with such duty under subsection

22 (a) of this section, the Secretary concerned may reimburse

23 the member for housing service charge expenses incurred by

24 the member in occupying transient government housing

25 during the performance of such duty.
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1 ‘‘(2) Any payment or other benefit under this section

2 shall be provided in accordance with regulations prescribed

3 by the Secretaries concerned.

4 ‘‘(3) The Secretary may pay service charge expenses

5 under paragraph (1) out of funds appropriated for oper6 ation and maintenance for the reserve component con7 cerned.’’.

8 SEC. 656. STUDY OF OFFSET OF DISABILITY COMPENSA9 TION BY RECEIPT OF SEPARATION BENEFITS

10 AND INCENTIVES.

11 (a) STUDY.—(1) The Comptroller General shall carry

12 out a study of the offset of the amount of disability com13 pensation from the Department of Veterans Affairs that is

14 received by an individual separated from the Armed Forces

15 by the amount of any of the following benefits:

16 (A) Separation pay under section 1174 of title

17 10, United States Code.

18 (B) A special separation benefit under a special

19 separation benefits program carried out under section

20 1174a(a) of such title.

21 (C) A voluntary separation incentive under sec22 tion 1175 of such title.

23 (2) In carrying out the study, the Comptroller General

24 shall—
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1 (A) determine the purposes for the availability of

2 the benefits referred to paragraph (1);

3 (B) determine the justifications for the offset re4 ferred to in that paragraph;

5 (C) assess the effect of the offset by—

6 (i) determining the number of members of

7 the Armed Forces who will separate from the

8 Armed Forces during the period beginning on the

9 date of the enactment of this Act and ending on

10 September 30, 1999;

11 (ii) determining the number of such mem12 bers who will be provided a benefit referred to in

13 that paragraph, and the average amount of the

14 benefit to be provided;

15 (iii) determining the number of such mem16 bers who will be entitled to disability compensa17 tion from the Department of Veterans Affairs,

18 and the average monthly amount of the com19 pensation to which the members will be entitled;

20 and

21 (iv) evaluating the extent, if any, to which

22 the offset affects the capacity of members who are

23 separated from the Armed Forces to meet finan24 cial obligations (including obligations relating to

25 housing and medical care) of such members that
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1 arise as a result of the service of the members in

2 the Armed Forces or the separation of such mem3 bers from that service;

4 (D) determine the extent, if any, to which the off5 set of disability compensation by the amount of a

6 benefit referred to in subparagraph (B) or (C) of

7 paragraph (1) reduces the effectiveness of the benefits

8 in meeting the purposes determined under subpara9 graph (A) of this paragraph; and

10 (E) determine the cost of the repeal of the offset.

11 (b) REPORT.—(1) The Comptroller General shall sub12 mit to the Committees on Armed Services and the Commit13 tees on Veterans’ Affairs of the Senate and the House of

14 Representatives a report on the results of the study required

15 under subsection (a). The report shall include the rec16 ommendations of the Comptroller General on improvements

17 to the provision of the benefits referred to in subsection

18 (a)(1).

19 (2) The Comptroller General shall submit the report

20 not later than 180 days after the date of the enactment of

21 this Act.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO IN4 CLUDE YOUNG PEOPLE BEING ADOPTED BY

5 MEMBERS OR FORMER MEMBERS.

6 (a) ELIGIBILITY FOR HEALTH BENEFITS.—Section

7 1072 of title 10, United States Code, is amended—

8 (1) in paragraph (2)(D), by striking out the

9 matter above clause (i) and inserting in lieu thereof

10 the following:

11 ‘‘(D) a child who—’’; and

12 (2) by adding at the end the following new para13 graph:

14 ‘‘(6) The term ‘child’, with respect to a member

15 or former member of a uniformed service, means the

16 following:

17 ‘‘(A) An unmarried natural child.

18 ‘‘(B) An unmarried adopted child.

19 ‘‘(C) An unmarried stepchild.

20 ‘‘(D) An unmarried person—

21 ‘‘(i) who is placed in the home of the

22 member or former member by a placement

23 agency (recognized by the Secretary of De24 fense) in anticipation of the legal adoption
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1 of the person by the member or former mem2 ber; and

3 ‘‘(ii) who otherwise meets the require4 ments specified in paragraph (2)(D).’’.

5 (b) CONFORMING AMENDMENT.—Section 401(b)(1)(B)

6 of title 37, United States Code, is amended by striking out

7 ‘‘placement agency for the purpose of adoption’’ and insert8 ing in lieu thereof ‘‘placement agency (recognized by the

9 Secretary of Defense) in anticipation of the legal adoption

10 of the child by the member’’.

11 SEC. 702. AVAILABILITY OF DEPENDENTS’ DENTAL PRO12 GRAM OUTSIDE THE UNITED STATES.

13 Section 1076a of title 10, United States Code, is

14 amended—

15 (1) by redesignating subsection (g) as subsection

16 (h); and

17 (2) by inserting after subsection (f) the following

18 new subsection (g):

19 ‘‘(g) CARE OUTSIDE THE UNITED STATES.—The Sec20 retary shall exercise the authority provided under sub21 section (a) to establish basic dental benefits plans for pro22 viding dental benefits outside the United States for spouses

23 and children of members of the uniformed services accom24 panying the members on permanent assignments to duty

25 outside the United States.’’.
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1 SEC. 703. CONDITIONS UNDER WHICH MEDICAL AND DEN2 TAL CARE OF ABUSED DEPENDENTS IS AU3 THORIZED.

4 Section 1076(e)(1)(A) of title 10, United States Code,

5 is amended to read as follows:

6 ‘‘(A) a member of a uniformed service is con7 victed by a court-martial or a civil court for an of8 fense involving abuse of a dependent of the member,

9 as determined in accordance with regulations pre10 scribed by the administering Secretary for such uni11 formed service, and—

12 ‘‘(i) in the case of a court-martial convic13 tion, the member receives a dishonorable or bad14 conduct discharge or is dismissed or administra15 tively discharged from a uniformed service as a

16 result of the conviction; or

17 ‘‘(ii) in the case of a civil court conviction,

18 the member is administratively discharged from

19 a uniformed service as a result of the conviction;

20 and’’.

21 SEC. 704. COORDINATION OF BENEFITS WITH MEDICARE.

22 Section 1086(d) of title 10, United States Code, is

23 amended by striking out paragraph (3) and inserting in

24 lieu thereof the following:

25 ‘‘(3)(A) Subject to subparagraph (B), if a person de26 scribed in paragraph (2) receives medical or dental care
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1 for which payment may be made under medicare and a

2 plan contracted for under subsection (a), the amount pay3 able for that care under the plan shall be the amount equal

4 to the excess of the total amount of the charges imposed by

5 the provider or providers of such care over the sum of—

6 ‘‘(i) the amount paid for that care under medi7 care; and

8 ‘‘(ii) the total of all amounts paid or payable by

9 third party payers other than medicare.

10 ‘‘(B) The amount payable for care under a plan pursu11 ant to subparagraph (A) may not exceed the total amount

12 that would be paid under the plan if payment for that care

13 were made solely under the plan.

14 ‘‘(C) In this paragraph:

15 ‘‘(i) The term ‘medicare’ means title XVIII of the

16 Social Security Act (42 U.S.C. 1395 et seq.).

17 ‘‘(ii) The term ‘third party payer’ has the mean18 ing given such term in section 1095(h)(1) of this

19 title.’’.

20 SEC. 705. AUTHORITY FOR REIMBURSEMENT OF PROFES21 SIONAL LICENSE FEES UNDER RESOURCE

22 SHARING AGREEMENTS.

23 Section 1096 of title 10, United States Code, is amend24 ed by adding at the end the following:
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1 ‘‘(d) REIMBURSEMENT FOR LICENSE FEES.—In any

2 case in which it is necessary for a member of the uniformed

3 services to pay a professional license fee imposed by a gov4 ernment in order to provide health care services at a facility

5 of a civilian health care provider pursuant to an agreement

6 entered into under subsection (a), the Secretary of Defense

7 may reimburse the member for up to $500 of the amount

8 of the license fee paid by the member.’’.

9 SEC. 706. CHIROPRACTIC HEALTH CARE DEMONSTRATION

10 PROGRAM.

11 (a) REQUIREMENT FOR PROGRAM.—(1) Not later than

12 120 days after the date of enactment of this Act, the Sec13 retary of Defense, in consultation with the secretaries of the

14 military departments, shall develop and carry out a dem15 onstration program to evaluate the feasibility and advis16 ability of furnishing chiropractic care through the medical

17 care facilities of the Armed Forces.

18 (2) In carrying out the program, the Secretary of De19 fense shall—

20 (A) subject to paragraph (3), designate not less

21 than 10 major military medical treatment facilities of

22 the Department of Defense to furnish chiropractic

23 care under the program; and

24 (B) enter into agreements with such number of

25 chiropractors as the Secretary determines sufficient
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1 for the purposes of the program to furnish chiroprac2 tic care at such facilities under the program.

3 (3) The Secretary may not designate under paragraph

4 (2) any treatment facility that is located on a military in5 stallation scheduled for closure or realignment under a base

6 closure law.

7 (b) PROGRAM PERIOD.—The Secretary shall carry out

8 the demonstration program in fiscal years 1995 through

9 1997.

10 (c) REPORTING REQUIREMENTS.—(1) Not later than

11 January 30, 1995, the Secretary of Defense shall submit

12 to the Committees on Armed Services of the Senate and the

13 House of Representatives a report on the demonstration

14 program. The report shall—

15 (A) identify the treatment facilities designated

16 pursuant to subsection (a)(2)(A); and

17 (B) include a discussion of the plan for the con18 duct of the program.

19 (2) Not later than May 1, 1995, the Secretary of De20 fense shall submit to the committees referred to in para21 graph (1) a plan for evaluating the program, including a

22 schedule for conducting progress reviews and for submitting

23 a final report to the committees.

24 (3) The Secretary shall submit to the committees re25 ferred to in paragraph (1) a final report in accordance with
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1 the plan submitted to such committees pursuant to para2 graph (2).

3 (d) OVERSIGHT ADVISORY COMMITTEE.—(1)(A) Not

4 later than 30 days after the date of the enactment of this

5 Act, the Secretary of Defense shall establish an oversight

6 advisory committee to assist and advise the Secretary with

7 regard to the development and conduct of the demonstration

8 program.

9 (B) The oversight advisory committee shall include the

10 following members:

11 (i) The Comptroller General of the United States,

12 or a designee from within the General Accounting Of13 fice.

14 (ii) The Assistant Secretary of Defense for

15 Health Affairs, or a designee.

16 (iii) The Surgeon General of the Army, or a des17 ignee.

18 (iv) The Surgeon General of the Navy, or a des19 ignee.

20 (v) The Surgeon General of the Air Force, or a

21 designee.

22 (vi) Not fewer than four independent representa23 tives of the chiropractic health care profession, ap24 pointed by the Secretary of Defense.
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1 (2) The oversight advisory committee shall assist the

2 Secretary of Defense regarding—

3 (A) issues involving the professional credentials

4 of the chiropractors participating in the program;

5 (B) the granting of professional practice privi6 leges for the chiropractors at the treatment facilities

7 participating in the program;

8 (C) the preparation of the reports required under

9 subsection (c); and

10 (D) the evaluation of the program.

11 (e) DEFINITION.—For purposes of this section, the

12 term ‘‘base closure law’’ means each of the following:

13 (1) The Defense Base Closure and Realignment

14 Act of 1990 (part A of title XXIX of Public Law 101–

15 510; 10 U.S.C. 2687 note).

16 (2) Title II of the Defense Authorization Amend17 ments and Base Closure and Realignment Act (Public

18 Law 100–526; 10 U.S.C. 2687 note).

19 (3) Section 2687 of title 10, United States Code.

20 SEC. 707. IMPLEMENTATION OF ANNUAL HEALTH CARE

21 SURVEY REQUIREMENT.

22 Section 724 of the National Defense Authorization Act

23 for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2440;

24 10 U.S.C. 1071 note) is amended—
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1 (1) by redesignating subsection (b) as subsection

2 (c); and

3 (2) by inserting after subsection (a) the following

4 new subsection (b):

5 ‘‘(b) EXEMPTION.—An annual survey under subsection

6 (a) shall be treated as not a collection of information for

7 the purposes for which such term is defined in section

8 3502(4) of title 44.’’.

9 SEC. 708. STUDY AND REPORT ON FINANCIAL RELIEF FOR

10 CERTAIN MEDICARE-ELIGIBLE MILITARY RE11 TIREES WHO INCUR MEDICARE LATE ENROLL12 MENT PENALTIES.

13 (a) STUDY.—The Secretary of Defense, in consultation

14 with the Secretary of Health and Human Services, shall

15 conduct a study regarding possible financial relief from late

16 enrollment penalties for military retirees and dependents

17 of such retirees who reside within the service area of a base

18 closure site and who have failed to timely enroll in medicare

19 part B due to reliance upon the military treatment facility

20 located at such site.

21 (b) REPORT.—Not later than March 31, 1995, the Sec22 retary of Defense shall report to Congress the results of the

23 study under paragraph (1). Such report shall also—

24 (1) identify by base closure site the number of

25 military retirees within a 65 mile catchment area
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1 who have failed to enroll in medicare part B and are

2 subjected to late enrollment penalties;

3 (2) determine the estimated aggregate amount of

4 the penalties by base closure site;

5 (3) describe the characteristics of the population

6 that are subject to the penalties, such as age and in7 come level;

8 (4) address the appropriateness of waiving such

9 penalties;

10 (5) identify the Department of Defense funds

11 that should be used to pay the penalties if waiving

12 such penalties is not recommended;

13 (6) outline a program for a special medicare

14 part B enrollment period for affected retirees living

15 near bases already closed and bases which are des16 ignated for closure in the future; and

17 (7) include legislative recommendations for im18 plementing a program which removes the financial

19 burden from the medicare-eligible beneficiaries who

20 have been or will be adversely impacted by base-clo21 sure actions.

22 (c) DEFINITIONS.—For purposes of this section:

23 (1) The term ‘‘base closure’’ means a base closure

24 under a base closure law (within the meaning given

25 such term in section 2825(d) of the National Defense
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1 Authorization Act for Fiscal Years 1992 and 1993 (10

2 U.S.C. 2687 note)).

3 (2) The term ‘‘medicare part B’’ means the pub4 lic health insurance program under part B of title

5 XVIII of the Social Security Act.

6 (3) The term ‘‘military treatment facility’’

7 means a facility of a uniformed service referred to in

8 section 1074(a) of title 10, United States Code, in

9 which health care is provided.

10 SEC. 709. ELIGIBILITY FOR PARTICIPATION IN DEMONSTRA11 TION PROGRAMS FOR SALE OF PHARMA12 CEUTICALS.

13 Subparagraph (B) of section 702(c)(2) of the National

14 Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.

15 1079 note) is amended to read as follows:

16 ‘‘(B) either—

17 ‘‘(i) resides in an area that is ad18 versely affected (as determined by the Sec19 retary) by the closure of a health care facil20 ity of the uniformed services as a result of

21 the closure or realignment of the military

22 installation at which such facility is lo23 cated; or

24 ‘‘(ii) can demonstrate to the satisfac25 tion of the Secretary that the person ob-
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1 tained pharmaceuticals at a health care fa2 cility referred to in clause (i) before the clo3 sure of the facility.’’.

4 SEC. 710. COST ANALYSIS OF TIDEWATER TRICARE DELIV5 ERY OF PEDIATRIC HEALTH CARE TO MILI6 TARY FAMILIES.

7 (a) COST ANALYSIS REQUIRED.—Not later than July

8 1, 1995, the Assistant Secretary of Defense (Health Affairs)

9 shall determine the amount of the expenditures made by the

10 Department of Defense for pediatric care for each of fiscal

11 years 1992, 1993, and 1994 under the program for delivery

12 of health care services in the Tidewater region of Virginia

13 carried out pursuant to section 712(b) of Public Law 102–

14 190 (105 Stat. 1402). The Assistant Secretary shall deter15 mine the total amount of such expenditures and the amount

16 of such expenditures for each case.

17 (b) USE OF ANALYSIS.—In establishing any managed

18 care system involving the furnishing of pediatric care by

19 the Department of Defense (including the furnishing of pe20 diatric care under the Civilian Health and Medical Pro21 gram of the Uniformed Services), the Assistant Secretary

22 shall consider the amounts determined under subsection (a)

23 in determining the appropriate standards, limitations, and

24 requirements to apply to the cost of pediatric care under

25 the system.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 Subtitle A—Use of Merit Based

6 Selection Procedures

7 SEC. 801. POLICY FOR MERIT BASED AWARD OF CONTRACTS

8 AND GRANTS.

9 (a) POLICY.—Section 2301 of title 10, United States

10 Code, is amended by adding at the end the following new

11 subsection:

12 ‘‘(e)(1) It is the policy of Congress that the Department

13 of Defense should not be required by legislation to award

14 a new contract or grant to a specific non-Federal Govern15 ment entity. It is further the policy of Congress that any

16 program, project, or technology identified in legislation be

17 procured through merit-based selection procedures.

18 ‘‘(2) A provision of law may not be construed as re19 quiring the Department of Defense to award a new contract

20 or grant to a specific non-Federal Government entity unless

21 that provision of law—

22 ‘‘(A) specifically refers to this subsection;

23 ‘‘(B) specifically identifies the particular non24 Federal Government entity to be awarded the contract

25 or grant; and
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1 ‘‘(C) sets forth the national defense purpose to be

2 fulfilled by requiring the department to award a new

3 contract or grant to the specified non-Federal Govern4 ment entity.

5 ‘‘(3) The head of an agency may not award a contract

6 or make a grant pursuant to a provision of law that author7 izes or requires the awarding of the contract or the making

8 of the grant, as the case may be, in a manner that is incon9 sistent with the policy set forth in paragraph (1) until—

10 ‘‘(A) the Secretary of Defense submits to Con11 gress a notice in writing of the intent to award such

12 contract or to make such grant; and

13 ‘‘(B) a period of 180 days elapses after the date

14 on which the notice is received by Congress.

15 ‘‘(4) For purposes of this subsection—

16 ‘‘(A) a contract is a new contract unless the

17 work provided for in the contract is a continuation

18 of the work provided for in a preceding contract; and

19 ‘‘(B) a grant is a new grant unless the work

20 funded by the grant is substantially a continuation of

21 the work for which funding is provided in a preceding

22 grant.

23 ‘‘(4) Paragraph (3) does not apply to the Secretary

24 of Transportation or the Administrator of the National

25 Space and Aeronautics Administration.’’.
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1 SEC. 802. CONTINUATION OF EXPIRING REQUIREMENT FOR

2 ANNUAL REPORT ON THE USE OF COMPETI3 TIVE PROCEDURES FOR AWARDING CERTAIN

4 CONTRACTS TO COLLEGES AND UNIVER5 SITIES.

6 Paragraph (3) of section 2361(c) of title 10, United

7 States Code, is repealed.

8 Subtitle B—Acquisition Assistance

9 Programs

10 SEC. 811. PROCUREMENT TECHNICAL ASSISTANCE PRO11 GRAMS.

12 (a) FUNDING.—Of the amount authorized to be appro13 priated under section 301(5), $12,000,000 shall be available

14 for carrying out the provisions of chapter 142 of title 10,

15 United States Code.

16 (b) SPECIFIC PROGRAMS.—Of the amounts made

17 available pursuant to subsection (a), $600,000 shall be

18 available for fiscal year 1995 for the purpose of carrying

19 out programs sponsored by eligible entities referred to in

20 subparagraph (D) of section 2411(1) of title 10, United

21 States Code, that provide procurement technical assistance

22 in distressed areas referred to in subparagraph (B) of sec23 tion 2411(2) of such title. If there is an insufficient number

24 of satisfactory proposals for cooperative agreements in such

25 distressed areas to allow effective use of the funds made

26 available in accordance with this subsection in such areas,
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1 the funds shall be allocated among the Defense Contract Ad2 ministration Services regions in accordance with section

3 2415 of such title.

4 SEC. 812. PILOT MENTOR-PROTEGE PROGRAM.

5 Of the amounts authorized to be appropriated for fiscal

6 year 1995 pursuant to title I of this Act, $50,000,000 shall

7 be available for conducting the pilot Mentor-Protege Pro8 gram established pursuant to section 831 of the National

9 Defense Authorization Act for Fiscal Year 1991 (Public

10 Law 101–510; 10 U.S.C. 2301 note).

11 SEC. 813. INFRASTRUCTURE ASSISTANCE FOR HISTORI12 CALLY BLACK COLLEGES AND OTHER MINOR13 ITY INSTITUTIONS OF HIGHER EDUCATION.

14 Of the amounts authorized to be appropriated for fiscal

15 year 1995 pursuant to title II of this Act, $35,000,000 shall

16 be available for such fiscal year for infrastructure assistance

17 to historically Black colleges and universities and minority

18 institutions under section 2323(c)(3) of title 10, United

19 States Code.

20 SEC. 814. EXTENSION OF TEST PROGRAM FOR NEGOTIA21 TION OF COMPREHENSIVE SMALL BUSINESS

22 SUBCONTRACTING PLANS.

23 Section 834(e) of the National Defense Authorization

24 Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note)

25 is amended by striking out ‘‘September 30, 1994’’ in the
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1 second sentence and inserting in lieu thereof ‘‘September 30,

2 1998’’.

3 SEC. 815. LIMITATION REGARDING ACQUISITION ASSIST4 ANCE REGULATIONS REQUIRED BY PUBLIC

5 LAW 103–160 BUT NOT ISSUED.

6 (a) LIMITATION ON THE USE OF FUNDS.—None of the

7 funds authorized to be appropriated by this Act that are

8 made available for program element 65104D activities may

9 be expended until the Secretary of Defense takes the actions

10 required by the following provisions of the National Defense

11 Authorization Act for Fiscal Year 1994 (Public Law 103–

12 160):

13 (1) Section 811(d)(1), relating to regulations

14 that address the matters described in subsections (g)

15 and (h)(2) of section 2323 of title 10, United States

16 Code.

17 (2) Section 813(b)(1), relating to the Department

18 of Defense policy regarding the pilot Mentor-Protege

19 Program.

20 (b) ACTIONS REQUIRED.—(1) With respect to the regu21 lations referred to in subsection (a)(1), the Secretary

22 shall—

23 (A) publish proposed regulations within 15 days

24 after the date of the enactment of this Act in accord-
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1 ance with section 22 of the Office of Federal Procure2 ment Policy Act (41 U.S.C. 418b);

3 (B) provide a period of not less than 60 days for

4 public comment on the proposed regulations; and

5 (C) publish the final regulations not later than

6 120 days after the date of the enactment of this Act.

7 (2) With respect to the action referred to in subsection

8 (a)(2), the Secretary shall ensure that—

9 (A) within 30 days after the date of the enact10 ment of this Act, the Department of Defense policy re11 garding the pilot Mentor-Protege Program is incor12 porated into the Department of Defense Supplement

13 to the Federal Acquisition Regulation as an appen14 dix; and

15 (B) any subsequent revision to such policy (or

16 any successor to such policy) is published and main17 tained in such supplement as an appendix.

18 (c) PROGRAM ELEMENT 65104D ACTIVITIES DE19 FINED.—For purposes of this section, the program element

20 65104D activities referred to in subsection (a) are the ac21 tivities described as program element 65104D in the mate22 rials submitted to Congress by the Secretary of Defense in

23 support of the budget for fiscal year 1995 that was submit24 ted to Congress pursuant to section 1105(a) of title 31,

25 United States Code.
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1 SEC. 816. TREATMENT UNDER SUBCONTRACTING PLANS

2 OF PURCHASES FROM QUALIFIED NON3 PROFIT AGENCIES FOR THE BLIND OR SE4 VERELY DISABLED.

5 (a) REVISION AND EXTENSION OF AUTHORITY.—Sec6 tion 2410d of title 10, United States Code, relating to credit

7 under small business subcontracting plans for certain pur8 chases, is amended—

9 (1) in subsection (b)—

10 (A) in paragraph (2)—

11 (i) by striking out ‘‘and’’ at the end of

12 subparagraph (A);

13 (ii) by striking out the period at the

14 end of subparagraph (B) and inserting in

15 lieu thereof ‘‘; and’’; and

16 (iii) by adding at the end the following

17 new subparagraph:

18 ‘‘(C) a central nonprofit agency designated

19 by the Committee for Purchase from People Who

20 Are Blind or Severely Disabled under section

21 2(c) of such Act (41 U.S.C. 47(c).’’;

22 (B) by striking out paragraph (3); and

23 (C) by redesignating paragraph (4) as

24 paragraph (3); and
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1 (2) in subsection (c), by striking out ‘‘September

2 30, 1994’’ and inserting in lieu thereof ‘‘September

3 30, 1997’’.

4 (b) CONFORMING AMENDMENT.—Section 2301(d) of

5 such title is amended by striking out ‘‘approved commod6 ities and services (as defined in such section)’’ and inserting

7 in lieu thereof ‘‘commodities and services’’.

8 Subtitle C—Other Matters

9 SEC. 821. USE OF CERTAIN FUNDS PENDING SUBMISSION

10 OF A NATIONAL TECHNOLOGY AND INDUS11 TRIAL BASE PERIODIC DEFENSE CAPABILITY

12 ASSESSMENT AND A PERIODIC DEFENSE CA13 PABILITY PLAN.

14 (a) LIMITATION.—None of the funds authorized to be

15 appropriated by this Act that are made available for pro16 gram element 65104D activities may be expended until the

17 Secretary of Defense submits to Congress—

18 (1) a national technology and industrial base

19 periodic defense capability assessment required by sec20 tion 2505 of title 10, United States Code; and

21 (2) and a periodic defense capability plan re22 quired by section 2506 of such title.

23 (b) PROGRAM ELEMENT 65104D ACTIVITIES DE24 FINED.—For purposes of this section, the program element

25 65104D activities referred to in subsection (a) are the ac-
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1 tivities described as program element 65104D in the mate2 rials submitted to Congress by the Secretary of Defense in

3 support of the budget for fiscal year 1995 that was submit4 ted to Congress pursuant to section 1105(a) of title 31,

5 United States Code.

6 SEC. 822. DELEGATION OF INDUSTRIAL MOBILIZATION AU7 THORITY.

8 Section 2538 of title 10, United States Code, is amend9 ed—

10 (1) by striking out ‘‘through the Secretary of De11 fense’’ each place it appears in subsections (a), (c),

12 and (d) and inserting in lieu thereof ‘‘through the

13 head of any department’’; and

14 (2) in subsection (c)—

15 (A) by striking out ‘‘in the opinion of the

16 Secretary of Defense’’ in the matter above para17 graph (1) and inserting in lieu thereof ‘‘in the

18 opinion of the head of any department’’; and

19 (B) by striking out ‘‘Secretary’’ each place

20 it appears in paragraphs (2) and (3) and insert21 ing in lieu thereof ‘‘head of the department’’.
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1 SEC. 823. PERMANENT AUTHORITY FOR THE DEPARTMENT

2 OF DEFENSE TO SHARE EQUITABLY THE

3 COSTS OF CLAIMS UNDER INTERNATIONAL

4 ARMAMENTS COOPERATIVE PROGRAMS.

5 Subsection (c) of section 843 of the National Defense

6 Authorization Act for Fiscal Year 1993 (Public Law 102–

7 484; 106 Stat. 2469; 10 U.S.C. 2350a note) is repealed.

8 SEC. 824. DETERMINATIONS OF PUBLIC INTEREST UNDER

9 THE BUY AMERICAN ACT.

10 (a) CONSIDERATIONS.—Section 2533 of title 10, Unit11 ed States Code, is amended—

12 (1) by striking out subsections (a) and (b) and

13 inserting in lieu thereof the following:

14 ‘‘(a) In determining under section 2 of title III of the

15 Act of March 3, 1993 (41 U.S.C. 10a), popularly known

16 as the ‘Buy American Act’, whether application of title III

17 of such Act is inconsistent with the public interest, the Sec18 retary of Defense shall consider the following:

19 ‘‘(1) The bids or proposals of small business

20 firms in the United States which have offered to fur21 nish American goods.

22 ‘‘(2) The bids or proposals of all other firms in

23 the United States which have offered to furnish Amer24 ican goods.

25 ‘‘(3) The United States balance of payments.
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1 ‘‘(4) The cost of shipping goods which are other

2 than American goods.

3 ‘‘(5) Any duty, tariff, or surcharge which may

4 enter into the cost of using goods which are other than

5 American goods.

6 ‘‘(6) Any need to coordinate acquisition activi7 ties of the Department of Defense with obligations

8 contained in international agreements and with the

9 acquisition activities of major United States allies.

10 ‘‘(7) A need to ensure that the Department of De11 fense has access to advanced state-of-the-art commer12 cial technology.

13 ‘‘(8) A need to protect the national technology

14 and industrial base and to provide for a defense mo15 bilization base.

16 ‘‘(9) A need to ensure that application of dif17 ferent rules of origin for United States end items and

18 foreign end items does not result in an award to a

19 firm other than a firm providing a product produced

20 in the United States.

21 ‘‘(10) Any need—

22 ‘‘(A) to maintain the same source of supply

23 for spare and replacement parts for an end item

24 that qualifies as an American good; or
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1 ‘‘(B) to maintain the same source of supply

2 for spare and replacement parts in order not to

3 impair integration of the military and commer4 cial industrial base.

5 ‘‘(11) The national security interests of the Unit6 ed States.’’; and

7 (2) by redesignating subsection (c) as subsection

8 (b).

9 (b) CONFORMING AND CLERICAL AMENDMENTS.—(1)

10 The heading of section 2533 of such title is amended to read

11 as follows:

12 ‘‘§ 2533. Determinations of public interest under the

13 Buy American Act’’.

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

15 sections at the beginning of subchapter V of chapter 148

16 of such title is amended to read as follows:

‘‘2533. Determinations of public interest under the Buy American Act.’’.

17 SEC. 825. DOCUMENTATION FOR AWARDS FOR COOPERA18 TIVE AGREEMENTS OR OTHER TRANS19 ACTIONS UNDER THE DEFENSE TECHNOLOGY

20 REINVESTMENT PROGRAM.

21 At the time of the award for a cooperative agreement

22 or other transaction under a program carried out under

23 chapter 148 of title 10, United States Code, the head of the

24 agency concerned shall include in the file pertaining to such

25 agreement or transaction a brief explanation of the manner
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1 in which the award advances and enhances a particular

2 national security objective set forth in section 2501(a) of

3 such title or a particular policy objective set forth in section

4 2501(b) of such title.

5 SEC. 826. COMPTROLLER GENERAL ASSESSMENT OF EX6 TENT TO WHICH TECHNOLOGY AND INDUS7 TRIAL BASE PROGRAMS ATTAIN POLICY OB8 JECTIVES.

9 Not later than 180 days after the date of the enactment

10 of this Act, the Comptroller General of the United States

11 shall submit to Congress an assessment of the extent to

12 which awards for cooperative agreements and other trans13 actions under programs carried out under chapter 148 of

14 title 10, United States Code, have been made specifically

15 to advance and enhance a particular national security ob16 jective set forth in section 2501(a) of such title or to achieve

17 a particular policy objective set forth in section 2501(b) of

18 such title.
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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND

3 MANAGEMENT

4 Subtitle A—Secretarial Matters

5 SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DE6 FENSE.

7 (a) ESTABLISHMENT OF POSITION.—Section 138(a) of

8 title 10, United States Code, is amended by striking out

9 ‘‘ten’’ and inserting in lieu thereof ‘‘eleven’’.

10 (b) EXECUTIVE LEVEL IV.—Section 5315 of title 5,

11 United States Code, is amended by striking out ‘‘Assistant

12 Secretaries of Defense (10).’’ and inserting in lieu thereof

13 the following:

14 ‘‘Assistant Secretaries of Defense (11).’’.

15 SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE

16 MILITARY DEPARTMENTS.

17 (a) ARMY.—Section 3017 of title 10, United States

18 Code, is amended—

19 (1) by redesignating paragraph (3) as para20 graph (4); and

21 (2) by inserting after paragraph (2) the follow22 ing new paragraph (3):

23 ‘‘(3) The General Counsel of the Department of

24 the Army.’’.

25 (b) NAVY.—Section 5017 of such title is amended—
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1 (1) by redesignating paragraphs (3) and (4) as

2 paragraphs (5) and (6), respectively; and

3 (2) by inserting after paragraph (2) the follow4 ing new paragraph (3):

5 ‘‘(3) The General Counsel of the Department of

6 the Navy.’’.

7 (c) AIR FORCE.—Section 8017 of such title is amend8 ed—

9 (1) by redesignating paragraph (3) as para10 graph (4); and

11 (2) by inserting after paragraph (2) the follow12 ing new paragraph (3):

13 ‘‘(3) The General Counsel of the Department of

14 the Air Force.’’.

15 Subtitle B—Commission on Roles

16 and Missions of the Armed Forces

17 SEC. 911. REVIEW OF RESERVE COMPONENTS.

18 Section 953(d) of the National Defense Authorization

19 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat.

20 1739) is amended—

21 (1) in subsection (d)—

22 (A) by striking out ‘‘and’’ at the end of

23 paragraph (7);
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1 (B) by striking out the period at the end of

2 paragraph (8) and inserting in lieu thereof ‘‘;

3 and’’; and

4 (C) by adding at the end the following new

5 paragraph:

6 ‘‘(9) the role of the National Guard and the other

7 reserve components.’’;

8 (2) in subsection (e)(3), by inserting after ‘‘De9 partment of Defense’’ the following: ‘‘, including the

10 National Guard and the other reserve components’’;

11 and

12 (3) by adding at the end the following new sub13 section:

14 ‘‘(h) RECOMMENDATIONS CONCERNING RESERVE COM15 PONENTS.—The Commission shall address the roles, mis16 sions, and functions of the reserve components within the

17 total force of the armed forces, particularly in light of lower

18 budgetary resources that will be available to the Depart19 ment of Defense in the future. The Commission should em20 ploy or consult private citizens with extensive experience

21 in matters concerning the National Guard and other reserve

22 components.’’.
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1 SEC. 912. SUPPORT BY FEDERALLY FUNDED RESEARCH

2 AND DEVELOPMENT CENTERS.

3 Section 957 of the National Defense Authorization Act

4 for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1741;

5 10 U.S.C. 111 note) is amended—

6 (1) by adding at the end the following new sub7 section:

8 ‘‘(f) SUPPORT FROM FEDERALLY FUNDED RESEARCH

9 AND DEVELOPMENT CENTERS.—Upon the request of the

10 chairman of the Commission, the Secretary of Defense shall

11 make available to the Commission, without reimbursement,

12 the services of one or more federally funded research and

13 development centers covered by sponsoring agreements of the

14 Department of Defense. The cost of the services made avail15 able pursuant to this subsection may not exceed

16 $20,000,000.’’; and

17 (2) by striking out the section heading and in18 serting in lieu thereof the following:

19 ‘‘SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.’’.

20 SEC. 913. REVISION IN COMPOSITION OF COMMISSION.

21 (a) REVISION.—Section 952(b) of the National Defense

22 Authorization Act for Fiscal Year 1994 (Public Law 103–

23 160; 10 U.S.C. 111 note; 107 Stat. 1738) is amended—

24 (1) in the first sentence of paragraph (1), by

25 striking out ‘‘seven’’ and inserting in lieu thereof

26 ‘‘eight’’; and
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1 (2) in paragraph (2)—

2 (A) by inserting ‘‘(A)’’ before ‘‘The Commis3 sion’’; and

4 (B) by adding at the end the following new

5 subparagraph:

6 ‘‘(B) The additional member of the Commission ap7 pointed under this paragraph after the date of the enact8 ment of the National Defense Authorization Act for Fiscal

9 Year 1995 shall have previous military experience and

10 management experience with the reserve components.’’.

11 (b) APPOINTMENT.—The Secretary of Defense shall

12 make the appointment required as a result of the amend13 ments made by subsection (a) not later than 15 days after

14 the date of the enactment of this Act.

15 Subtitle C—Other Matters

16 SEC. 921. COMPOSITION OF RESERVE FORCES POLICY

17 BOARD.

18 Section 175(a) of title 10, United States Code, is

19 amended—

20 (1) in paragraph (4), by striking out ‘‘or Regu21 lar Marine Corps’’ and inserting in lieu thereof ‘‘and

22 an officer of the Regular Marine Corps each’’;

23 (2) by striking out ‘‘and’’ at the end of para24 graph (8);
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1 (3) by striking out the period at the end of para2 graph (9) and inserting in lieu thereof ‘‘; and’’; and

3 (4) by adding at the end the following:

4 ‘‘(10) an officer of the Regular Army, Regular

5 Navy, Regular Air Force, or Regular Marine Corps

6 serving in a position on the Joint Staff who is des7 ignated by the Chairman of the Joint Chiefs of

8 Staff.’’.

9 SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNI10 VERSITY OF THE HEALTH SCIENCES.

11 (a) CLOSURE PROHIBITED.—The Uniformed Services

12 University of the Health Sciences may not be closed.

13 (b) BUDGETARY COMMITMENT TO CONTINUATION.—It

14 is the sense of Congress that the Secretary of Defense should

15 budget for the ongoing operation of the Uniformed Services

16 University of the Health Sciences as an institution of pro17 fessional education that is vital to the education and train18 ing each year of significant numbers of personnel of the uni19 formed services for careers as uniformed services health care

20 providers.

21 (c) EVALUATION OF THE UNIFORMED SERVICES UNI22 VERSITY OF THE HEALTH SCIENCES.—

23 (1) GAO REPORT.—By June 1, 1995, the Comp24 troller General of the United States shall submit to
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1 the appropriate Committees of the Congress a detailed

2 report that—

3 (A) compares the cost of obtaining physi4 cians from the Uniformed Services University of

5 the Health Sciences with other sources of mili6 tary physicians;

7 (B) assesses the retention rate needs of the

8 military for physicians in relation to the respec9 tive retention rates of Uniformed Services Uni10 versity of the Health Sciences physicians and

11 physicians obtained from other sources and the

12 factors which contribute to retention rates among

13 military physicians obtained from all sources;

14 (C) reviews the quality of the medical edu15 cation provided at the Uniformed Services Uni16 versity of the Health Sciences with the quality of

17 medical education provided by other sources of

18 military physicians;

19 (D) reviews the overall issue of the special

20 needs of military medicine and how these special

21 needs are being met by Uniformed Services Uni22 versity of Health Sciences physicians and physi23 cians obtained from other sources;

24 (E) assesses the extent to which the Uni25 formed Services University of the Health
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1 Sciences has responded to the 1990 report of the

2 Inspector General of the Department of Defense

3 and make recommendations as to resolution of

4 any continuing issues relating to management

5 and internal fiscal controls of the Uniformed

6 Services University of the Health Sciences, in7 cluding issues relating to the Henry M. Jackson

8 Foundation for the Advancement of Military

9 Medicine identified in the 1990 report; and

10 (F) makes such recommendations as the

11 Comptroller General deems appropriate.

12 SEC. 923. JOINT DUTY CREDIT FOR CERTAIN DUTY PER13 FORMED DURING MILITARY OPERATIONS IN

14 SUPPORT OF UNIFIED, COMBINED, OR UNIT15 ED NATIONS MILITARY OPERATIONS.

16 (a) CREDIT AUTHORIZED.—Section 664 of title 10,

17 United States Code, is amended by adding at the end the

18 following new subsection:

19 ‘‘(i) SPECIAL AUTHORITY.—(1) The Secretary of De20 fense, in consultation with the Chairman of the Joint Chiefs

21 of Staff, may give an officer who has completed service de22 scribed in paragraph (2) credit for having completed a full

23 tour of duty in a joint duty assignment, or credit countable

24 for determining cumulative service in joint duty assign25 ments, for the purposes of any provision of this title, not-
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1 withstanding the length of such service or whether such serv2 ice is within the definition of the term ‘joint duty assign3 ment’ prescribed pursuant to section 668 of this title.

4 ‘‘(2) Service referred to in paragraph (1) is service per5 formed by an officer in combat or combat related military

6 operations, under the operational control of the commander

7 of a unified combatant command, the commander of com8 bined forces of allied nations, or the United Nations, in

9 which the officer gained significant experience in joint mat10 ters, as determined by the Secretary.

11 ‘‘(3) Officers for whom joint duty credit is granted

12 pursuant to this subsection—

13 ‘‘(A) shall not be counted for the purposes of

14 paragraphs (7), (8), (9), (11), or (12) of section 667

15 of this title and subsections (a)(3) and (b) of section

16 662 of this title; and

17 ‘‘(B) are not subject to the requirements of sec18 tion 661(c) of this title relating to the sequence for

19 completion of a joint professional military education

20 school, completion of a full tour of duty in a joint

21 duty assignment, and selection for a joint specialty.’’.

22 (b) APPLICABILITY.—Subsection (i) of section 664 of

23 title 10, United States Code, as added by subsection (a),

24 shall apply with respect to military operations conducted

25 after July 1, 1992.
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1 SEC. 924. ASSISTANCE FOR CERTAIN WORKERS DIS2 LOCATED DUE TO REDUCTIONS BY THE UNIT3 ED STATES IN THE EXPORT OF DEFENSE AR4 TICLES AND SERVICES.

5 (a) ASSISTANCE UNDER DEFENSE CONVERSION AD6 JUSTMENT PROGRAM.—Section 325 of the Job Training

7 Partnership Act (29 U.S.C. 1662d) is amended—

8 (1) in subsection (a)—

9 (A) by striking out ‘‘or by closures of Unit10 ed States military facilities’’ in the first sentence

11 and inserting in lieu thereof ‘‘, by closures of

12 United States military facilities, or by reduc13 tions in the export of defense articles and defense

14 services as a result of United States policy (in15 cluding reductions in the amount of defense arti16 cles and defense services under agreements to

17 provide such articles or services or through ter18 mination or completion of any such agree19 ments)’’; and

20 (B) by striking out ‘‘or by closures of Unit21 ed States military facilities’’ in the second sen22 tence and inserting in lieu thereof ‘‘, by closures

23 of United States military facilities, or by reduc24 tions in the export of defense articles and defense

25 services as a result of United States policy’’;
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1 (2) in subsection (d), by striking out ‘‘or by the

2 closure of United States military installations’’ and

3 inserting in lieu thereof ‘‘, by closures of United

4 States military facilities, or by reductions in the ex5 port of defense articles and defense services as a result

6 of United States policy (including reductions in the

7 amount of defense articles and defense services under

8 agreements to provide such articles or services or

9 through termination or completion of any such agree10 ments)’’; and

11 (3) by adding at the end the following new sub12 section:

13 ‘‘(f) DEFINITION.—For purposes of this section, the

14 term ‘defense articles and defense services’ means defense

15 articles, defense services, or design and construction services

16 under the Arms Export Control Act (22 U.S.C. 2751 et

17 seq.), including defense articles and defense services licensed

18 or approved for export under section 38 of that Act (22

19 U.S.C. 2778).’’.

20 (b) ASSISTANCE UNDER DEFENSE DIVERSIFICATION

21 PROGRAM.—Section 325A of the Job Training Partnership

22 Act (29 U.S.C. 1662d–1) is amended—

23 (1) in subsection (b)(3)(A), by striking out ‘‘or

24 the closure or realignment of a military installation’’

25 and inserting in lieu thereof ‘‘, the closure or realign-
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1 ment of a military installation, or reductions in the

2 export of defense articles and defense services as a re3 sult of United States policy (including reductions in

4 the amount of defense articles and defense services

5 under agreements to provide such articles or services

6 or through termination or completion of any such

7 agreements)’’;

8 (2) in subsection (k)(1), by striking out ‘‘or by

9 the closure of United States military installations’’

10 and inserting in lieu thereof ‘‘, the closure of United

11 States military installations, or reductions in the ex12 port of defense articles and defense services as a result

13 of United States policy (including reductions in the

14 amount of defense articles and defense services under

15 agreements to provide such articles or services or

16 through termination or completion of any such agree17 ments)’’; and

18 (3) in subsection (o), by adding at the end the

19 following new paragraph:

20 ‘‘(3) DEFENSE ARTICLES AND DEFENSE SERV21 ICES.—The term ‘defense articles and defense services’

22 means defense articles, defense services, or design and

23 construction services under the Arms Export Control

24 Act (22 U.S.C. 2751 et seq.), including defense arti-
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1 cles and defense services licensed or approved for ex2 port under section 38 of that Act (22 U.S.C. 2778).’’.

3 Subtitle D—Professional Military

4 Education

5 SEC. 931. AUTHORITY FOR MARINE CORPS UNIVERSITY TO

6 AWARD THE DEGREE OF MASTER OF MILI7 TARY STUDIES.

8 (a) AUTHORITY TO AWARD.—(1) Chapter 609 of title

9 10, United States Code, is amended by adding at the end

10 the following new section:

11 ‘‘§ 7102. Marine Corps University: master of military

12 studies

13 ‘‘(a) AUTHORITY.—Upon the recommendation of the

14 Director and faculty of the Marine Corps Command and

15 Staff College, the President of the Marine Corps University

16 may confer the degree of master of military studies upon

17 graduates of the college who fulfill the requirements for the

18 degree.

19 ‘‘(b) REGULATIONS.—The authority provided by sub20 section (a) shall be exercised under regulations prescribed

21 by the Secretary of the Navy.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by adding at the end the following new item:

‘‘7102. Marine Corps University: master of military studies.’’.

24 (b) EFFECTIVE DATE.—The authority provided by sec25 tion 7102(a) of title 10, United States Code, as added by
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1 subsection (a), shall become effective on the date on which

2 the Secretary of Education determines that the require3 ments established by the Command and Staff College of the

4 Marine Corps University for the degree of master of mili5 tary studies are in accordance with generally applicable re6 quirements for a degree of master of arts.

7 SEC. 932. BOARD OF ADVISORS OF MARINE CORPS UNIVER8 SITY.

9 (a) BOARD.—(1) Chapter 609 of title 10, United States

10 Code, as amended by section 931, is further amended by

11 adding at the end the following new section:

12 ‘‘§ 7103. Marine Corps University: Board of Advisors

13 ‘‘(a) IN GENERAL.—A Board of Advisors to the Presi14 dent of the Marine Corps University is constituted annually

15 of—

16 ‘‘(1) the chairman of the Committee on Armed

17 Services of the Senate, or the designee of the chair18 man; and

19 ‘‘(2) six persons designated by the Secretary of

20 the Navy.

21 ‘‘(b) TERMS.—(1) The persons designated by the Sec22 retary of the Navy shall serve for 3 years each except that

23 any member whose term of office has expired shall continue

24 to serve until the successor to the member is designated.
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1 ‘‘(2) Members may be reappointed for one or more suc2 cessive terms.

3 ‘‘(3) If a member of the Board dies or resigns, the offi4 cial who designated that member shall designate a successor

5 to serve for the unexpired portion of the term of the member.

6 ‘‘(c) VISITS.—The Board shall visit the Marine Corps

7 University semiannually upon the call of the President of

8 the Marine Corps University. With the approval of the

9 President of the University, the Board, or any of its mem10 bers, may make other visits to the University in connection

11 with the duties of the Board or to consult with the President

12 of the University.’’.

13 (2) The table of sections at the beginning of such chap14 ter, as amended by section 931, is further amended by add15 ing at the end the following new item:

‘‘7103. Marine Corps University: Board of Advisors.’’.

16 (b) INITIAL DESIGNATIONS OF MEMBERS.—Of the

17 members of the Board of Advisors of the Marine Corps Uni18 versity initially designated under section 7103(a)(2) of title

19 10, United States Code, as added by subsection (a)—

20 (1) two shall be designated for a term of 3 years;

21 (2) two shall be designated for a term of 2 years;

22 and

23 (3) two shall be designated for a term of 1 year.
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1 SEC. 933. AUTHORITY FOR AIR UNIVERSITY TO AWARD THE

2 DEGREE OF MASTER OF AIRPOWER ART AND

3 SCIENCE.

4 (a) AUTHORITY TO AWARD.—(1) Chapter 901 of title

5 10, United States Code, is amended by adding at the end

6 the following new section:

7 ‘‘§ 9317. Air University: master of airpower art and

8 science

9 ‘‘(a) AUTHORITY.—Upon the recommendation of the

10 faculty of the School of Advanced Airpower Studies of the

11 Air University, the Commander of the university may con12 fer the degree of master of airpower art and science upon

13 graduates of the school who fulfill the requirements for the

14 degree.

15 ‘‘(b) REGULATIONS.—The authority provided by sub16 section (a) shall be exercised under regulations prescribed

17 by the Secretary of the Air Force.’’.

18 (2) The table of sections at the beginning of such chap19 ter is amended by adding at the end the following new item:

‘‘9317. Air University: master of airpower art and science.’’.

20 (b) EFFECTIVE DATE.—The authority provided by sec21 tion 9317(a) of title 10, United States Code, as added by

22 subsection (a), shall become effective on the date on which

23 the Secretary of Education determines that the require24 ments established by the School of Advanced Airpower Stud25 ies of the Air University for the degree of master of airpower
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1 art and science are in accordance with generally applicable

2 requirements for a degree of master of arts or a degree of

3 master of science.

4 TITLE X—GENERAL PROVISIONS

5 Subtitle A—Financial Matters

6 SEC. 1001. TRANSFER AUTHORITY.

7 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

8 Upon determination by the Secretary of Defense that such

9 action is necessary in the national interest, the Secretary

10 may transfer amounts of authorizations made available to

11 the Department of Defense in this division for fiscal year

12 1995 between any such authorizations for that fiscal year

13 (or any subdivisions thereof). Amounts of authorizations so

14 transferred shall be merged with and be available for the

15 same purposes as the authorization to which transferred.

16 (2) The total amount of authorizations that the Sec17 retary of Defense may transfer under the authority of this

18 section may not exceed $2,000,000,000.

19 (b) LIMITATIONS.—The authority provided by this sec20 tion to transfer authorizations—

21 (1) may only be used to provide authority for

22 items that have a higher priority than the items from

23 which authority is transferred; and

24 (2) may not be used to provide authority for an

25 item that has been denied authorization by Congress.
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1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans2 fer made from one account to another under the authority

3 of this section shall be deemed to increase the amount au4 thorized for the account to which the amount is transferred

5 by an amount equal to the amount transferred.

6 (d) NOTICE TO CONGRESS.—The Secretary of Defense

7 shall promptly notify Congress of transfers made under the

8 authority of this section.

9 SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATION

10 OF APPROPRIATIONS FOR FISCAL YEAR 1994.

11 There is authorized to be appropriated as emergency

12 supplemental appropriations for fiscal year 1994 for the in13 cremental costs arising from ongoing United States oper14 ations in Somalia, Bosnia, Southwest Asia, and Haiti,

15 $1,198,300,000 as follows:

16 (1) For Military Personnel:

17 (A) For the Army, $6,600,000.

18 (B) For the Navy, $19,400,000.

19 (C) For the Air Force, $18,400,000.

20 (2) For Operation and Maintenance:

21 (A) For the Army, $420,100,000.

22 (B) For the Navy, $104,800,000.

23 (C) For the Air Force, $560,100,000.

24 (D) For Defense-wide activities,

25 $21,600,000.
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1 (3) For Procurement:

2 (A) For Aircraft Procurement, Army,

3 $20,300,000.

4 (B) For Other Procurement, Army,

5 $200,000.

6 (C) For Other Procurement, Air Force,

7 $26,800,000.

8 SEC. 1003. DATE FOR SUBMISSION OF FUTURE-YEARS MIS9 SION BUDGET.

10 Section 222(a) of title 10, United States Code, is

11 amended by striking out ‘‘at the same time’’ in the second

12 sentence and inserting in lieu thereof ‘‘not later than 60

13 days after the date on which’’.

14 SEC. 1004. SUBMISSION OF FUTURE-YEARS DEFENSE PRO15 GRAM IN ACCORDANCE WITH LAW.

16 If, as of the end of the 90-day period beginning on

17 the date on which the President’s budget for fiscal year 1996

18 is submitted to Congress, the Secretary of Defense has not

19 submitted to Congress the fiscal year 1996 future-years de20 fense program and, after consultation with the Inspector

21 General of the Department of Defense, a certification that

22 such program satisfies the requirements of section 221(b)

23 of title 10, United States Code, then during the 30-day pe24 riod beginning on the last day of such 90-day period the

25 Secretary may not obligate more than 10 percent of the fis-
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1 cal year 1995 advance procurement funds that are available

2 for obligation as of the end of that 90-day period. If, as

3 of the end of such 30-day period, the Secretary of Defense

4 has not submitted to Congress the fiscal year 1996 future5 years defense program together with such a certification,

6 then the Secretary may not make any further obligation

7 of fiscal year 1995 advance procurement funds until such

8 program and certification are submitted to Congress. If the

9 Secretary submits to Congress the fiscal year 1996 future10 years defense program, together with such a certification,

11 during the 30-day period described in the first sentence, the

12 limitation on obligation of advance procurement funds pre13 scribed in that sentence shall cease to apply effective as of

14 the date of the submission of such program and certifi15 cation.

16 Subtitle B—Matters Relating to

17 Allies and Other Nations

18 SEC. 1011. REPEAL OF LIMITATION ON OVERSEAS MILITARY

19 END STRENGTH.

20 Section 1302 of the National Defense Authorization

21 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

22 2545; 10 U.S.C. 113 note) is repealed.
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1 SEC. 1012. AUTHORIZED END STRENGTH FOR MILITARY

2 PERSONNEL IN EUROPE.

3 (a) END STRENGTH.—Paragraph (1) of section

4 1002(c) of the National Defense Authorization Act, 1985 (22

5 U.S.C. 1928 note) is amended to read as follows:

6 ‘‘(1) The end strength level of members of the Armed

7 Forces of the United States assigned to permanent duty

8 ashore in European member nations of NATO may not ex9 ceed a permanent ceiling of approximately 100,000 in any

10 fiscal year.

11 ‘‘(2) Notwithstanding paragraph (1), the end strength

12 level of members of the Armed Forces of the United States

13 assigned to permanent duty ashore in European member

14 nations of NATO may exceed 100,000 in a fiscal year if,

15 before September 1 of that fiscal year, the President certifies

16 to Congress that it is essential for the end strength level

17 to exceed 100,000 in that fiscal year in order to attain na18 tional security objectives of the United States in Europe

19 and that the number of personnel in excess of 100,000 does

20 not exceed the number of additional personnel necessary to

21 attain such objectives. In no event may the end strength

22 level exceed 113,000 in any fiscal year.’’.

23 (b) CONFORMING AMENDMENT.—Section 1303 of the

24 National Defense Authorization Act for Fiscal Year 1993

25 (Public Law 102–484; 106 Stat. 2546) is repealed.
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1 (c) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall take effect on October 1, 1995.

3 SEC. 1013. EXTENSION AND REVISION OF AUTHORITIES RE4 LATING TO COOPERATIVE THREAT REDUC5 TION.

6 (a) FUNDING FOR FISCAL YEAR 1995.—Funds author7 ized to be appropriated under section 301(19) shall be

8 available for cooperative threat reduction with states of the

9 former Soviet Union under the Cooperative Threat Reduc10 tion Act of 1993 (title XII of Public Law 103–160; 22

11 U.S.C. 5951 et seq.).

12 (b) SEMI-ANNUAL REPORTS.—Section 1207 of such

13 Act (22 U.S.C. 5956) is amended by striking out ‘‘and not

14 later than October 30, 1994,’’ and inserting in lieu thereof

15 ‘‘October 30, 1994, April 30, 1995, and October 30, 1995,’’.

16 SEC. 1014. DEFENSE COOPERATION BETWEEN THE UNITED

17 STATES AND ISRAEL.

18 (a) FINDINGS.—Congress makes the following findings:

19 (1) The President has made a commitment to

20 maintaining the qualitative superiority of the Israeli

21 Defense Force over any potential combination of po22 tential adversaries.

23 (2) Despite the peace process in which Israel is

24 engaged, Israel continues to face difficult threats to its

25 national security.
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1 (3) The threats are compounded by the prolifera2 tion of weapons of mass destruction and ballistic mis3 siles.

4 (4) Congress recognizes the many benefits to the

5 United States resulting from the strategic relationship

6 that exists between the United States and Israel.

7 (5) Congress is supportive of the objective of the

8 President to enhance United States-Israel military

9 and technical cooperation, particularly in the areas of

10 missile defense and counter-proliferation.

11 (6) Congress is supportive of the establishment of

12 the United States-Israel Science and Technology Com13 mission in 1993.

14 (7) Maintaining the qualitative superiority of

15 the Israeli Defense Force and strengthening the de16 fense ties and science and technology cooperation be17 tween the United States and Israel will help ensure

18 that Israel has the military strength and political

19 support necessary to take risks for peace while provid20 ing Arab states with an incentive to pursue negotia21 tions instead of war.

22 (8) Israel continues to cooperate with the United

23 States on numerous theater missile defense programs,

24 including the Arrow Tactical Anti-Missile program

25 and the boost phase intercept technology program.
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1 (9) It is in the national interests of the United

2 States and Israel to strengthen existing mechanisms

3 for cooperation and to eliminate unnecessary barriers

4 to further collaboration between the United States and

5 Israel.

6 (b) SENSE OF CONGRESS.—It is the sense of Congress

7 that Congress—

8 (1) encourages the President to ensure that any

9 conventional defense system or technology offered for

10 release to any NATO or other major non-NATO ally

11 should concurrently be available for purchase by Is12 rael unless such action would contravene United

13 States national interests; and

14 (2) urges the President to make available to Is15 rael, within existing technology transfer laws, regula16 tions, and policies, advanced United States technology

17 necessary for continued progress in cooperative Unit18 ed States-Israel research and development of theater

19 missile defenses.

20 SEC. 1015. MILITARY-TO-MILITARY CONTACTS AND COM21 PARABLE ACTIVITIES.

22 (a) ACTIVITIES AUTHORIZED.—(1) Chapter 6 of title

23 10, United States Code, is amended by adding at the end

24 the following new section:
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1 ‘‘§ 166b. Military-to-military contacts and comparable

2 activities

3 ‘‘(a) AUTHORITY.—The Secretary of Defense may con4 duct military-to-military contacts and comparable activi5 ties that are designed to encourage a democratic orientation

6 of defense establishments and military forces of other coun7 tries.

8 ‘‘(b) ADMINISTRATION.—The Secretary may provide

9 funds appropriated for carrying out subsection (a) to the

10 following officials for use as provided in subsection (c):

11 ‘‘(1) The commander of a combatant command,

12 upon the request of the commander.

13 ‘‘(2) An officer designated by the Chairman of

14 the Joint Chiefs of Staff, with respect to an area or

15 areas not under the area of responsibility of a com16 mander of a combatant command.

17 ‘‘(3) The head of any Department of Defense

18 component.

19 ‘‘(c) AUTHORIZED ACTIVITIES.—An official provided

20 funds under subsection (b) may use such funds for the fol21 lowing activities and expenses:

22 ‘‘(1) The activities of traveling contact teams, in23 cluding any transportation expenses, translation serv24 ices expenses, and administrative expenses that are

25 related to such activities.

26 ‘‘(2) The activities of military liaison teams.
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1 ‘‘(3) Exchanges of—

2 ‘‘(A) civilian or military personnel between

3 the Department of Defense and defense ministries

4 of foreign governments; and

5 ‘‘(B) military personnel between units of the

6 armed forces and units of foreign armed forces.

7 ‘‘(4) Seminars and conferences held primarily in

8 a theater of operations.

9 ‘‘(5) Distribution of publications primarily in a

10 theater of operations.

11 ‘‘(6) Personnel expenses for Department of De12 fense civilian and military personnel to the extent

13 that such expenses relate to participation in activities

14 described in paragraphs (3), (4), and (5).

15 ‘‘(7) Reimbursement of military personnel ap16 propriations accounts for the pay and allowances

17 paid to National Guard personnel and other reserve

18 components personnel for service while engaged in ac19 tivities referred to in other paragraphs of this sub20 section.

21 ‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any

22 amount provided during any fiscal year to an official under

23 subsection (b) for activities or expenses referred to in sub24 section (c) shall be in addition to amounts otherwise avail25 able for such activities and expenses for that fiscal year.
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1 ‘‘(e) LIMITATIONS.—(1) Funds may not be provided

2 under this section for a fiscal year for any activity for

3 which—

4 ‘‘(A) funding was proposed in the budget submit5 ted to Congress for such fiscal year pursuant to sec6 tion 1105(a) of title 31; and

7 ‘‘(B) Congress did not authorize appropriations.

8 ‘‘(2) An activity may not be conducted under this sec9 tion with a foreign country unless the Secretary of State

10 approves the conduct of such activity in that foreign coun11 try.

12 ‘‘(3) Funds may not be provided under this section for

13 a fiscal year for any country which was not eligible in that

14 fiscal year for assistance under chapter 5 of part II of the

15 Foreign Assistance Act of 1961.

16 ‘‘(4) Funds may not be used under this section for the

17 provision of military education or training, defense articles,

18 or defense services to any country.

19 ‘‘(f) MILITARY-TO-MILITARY CONTACTS DEFINED.—In

20 this section, the term ‘military-to-military contacts’ means

21 contacts between members of the armed forces and members

22 of foreign armed forces through activities described in sub23 section (c).’’.
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1 (2) The table of sections at the beginning of chapter

2 6 of such title is amended by adding at the end the following

3 new item:

‘‘166b. Military-to-military contacts and comparable activities.’’.

4 (b) FUNDING.—Of the amount authorized to be appro5 priated under section 301(5) for operation and mainte6 nance for Defense-wide activities, $46,300,000 shall be

7 available to the Secretary of Defense for the purposes of car8 rying out activities under section 166b of title 10, United

9 States Code, as added by subsection (a).

10 SEC. 1016. FOREIGN DISASTER RELIEF.

11 (a) AUTHORITY.—(1) Subchapter I of chapter 20 of

12 title 10, United States Code, is amended by adding at the

13 end the following new section:

14 ‘‘§ 404. Foreign disaster relief

15 ‘‘(a) IN GENERAL.—The President may conduct disas16 ter relief activities outside the United States to respond to

17 manmade or natural disasters when necessary to prevent

18 loss of lives.

19 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

20 under this section may include transportation, supplies,

21 services, and equipment.

22 ‘‘(c) DETERMINATION REQUIRED.—No assistance may

23 be furnished pursuant to this section unless the President

24 determines that the provision of disaster relief is in the na-
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1 tional interest of the United States and is necessary to pre2 vent loss of lives.

3 ‘‘(d) REPORT REQUIRED.—Not later than 48 hours

4 after the commencement of disaster relief activities, the

5 President shall transmit to the Congress a report containing

6 the determination required by subsection (c) and a descrip7 tion of the following:

8 ‘‘(1) The manmade or natural disaster for which

9 disaster relief is necessary.

10 ‘‘(2) The threat to human lives presented by the

11 disaster.

12 ‘‘(3) The United States military personnel and

13 material resources that are involved or expected to be

14 involved.

15 ‘‘(4) The disaster relief that is being provided or

16 is expected to be provided by other nations or public

17 or private relief organizations.

18 ‘‘(5) The anticipated duration of the disaster re19 lief activities.’’.

20 (2) The table of sections at the beginning of such sub21 chapter is amended by adding at the end the following:

‘‘404. Foreign disaster relief.’’.

22 (b) FUNDING OF ACTIVITIES.—Of the amount author23 ized to be appropriated under subsection 301(5),

24 $46,300,000 shall be available to the Secretary of Defense

25 for the purpose of carrying out disaster relief activities
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1 under section 404 of title 10, United States Code, as added

2 by subsection (a).

3 SEC. 1017. BURDENSHARING POLICY AND REPORT.

4 (a) POLICY.—It is the policy of the United States that

5 the North Atlantic Treaty Organization (NATO) allies

6 should assist the United States in paying the incremental

7 cost incurred by the United States for maintaining mem8 bers of the Armed Forces in assignments to permanent duty

9 ashore in Europe solely for performing United States obli10 gations for support of NATO.

11 (b) IMPLEMENTATION.—The President shall take all

12 necessary actions to ensure the effective implementation of

13 the burdensharing policy set forth in subsection (a).

14 (c) REPORT.—The Secretary of Defense shall include

15 in the annual burdensharing report required by section

16 1002(d) of the Department of Defense Authorization Act,

17 1985 (22 U.S.C. 1928 note) the following matters:

18 (1) A specific enumeration and description of the

19 United States military resources and military person20 nel assigned to permanent duty ashore in Europe pri21 marily in support of NATO and an analysis of the

22 cost of providing and maintaining such resources and

23 personnel in such assignment primarily for that pur24 pose.
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1 (2) A specific enumeration and description of the

2 United States military resources and military person3 nel assigned to permanent duty ashore in Europe pri4 marily in support of other United States interests in

5 other regions of the world and an analysis of the cost

6 of providing and maintaining such resources and per7 sonnel in such assignment primarily for that purpose.

8 (3) A specific enumeration and description of the

9 offsets to United States costs of providing and main10 taining United States military resources and mili11 tary personnel in Europe that the United States has

12 previously received from other NATO member na13 tions, set out by country and by type of assistance,

14 including both ‘‘in-kind’’ assistance and direct cash

15 reimbursement, and the projected offsets for the five

16 fiscal years following the fiscal year in which the re17 port is submitted.

18 (4) A detailed identification of the costs associ19 ated with maintaining United States military per20 sonnel in assignments to permanent duty ashore in

21 Europe for NATO and the difference in cost that

22 would result from stationing such personnel at mili23 tary bases within the United States and continuing

24 to assign to such personnel the mission to perform

25 United States obligations under NATO.
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1 (5) A comparison of the defense spending by each

2 NATO member country as a percentage of Gross Do3 mestic Product (GDP) beginning in 1985 and the

4 projected future defense spending as a percentage of

5 Gross Domestic Product through 2000.

6 (6) A review of all actions taken by the United

7 States to ensure the effective implementation of the

8 United States burdensharing policy set forth in sub9 section (a).

10 (d) INCREMENTAL COST DEFINED.—In this section,

11 the term ‘‘incremental cost’’, with respect to maintaining

12 members of the Armed Forces in assignments to permanent

13 duty ashore in Europe, includes the cost of transportation

14 to and from duty stations in Europe, any variation in the

15 cost of housing and food as compared to the cost of housing

16 and food for members of the Armed Forces stationed in the

17 United States, and any additional expenditures associated

18 with infrastructure necessary to support United States

19 forces in Europe.

20 SEC. 1018. REVIEW AND REPORT REGARDING DEPARTMENT

21 OF DEFENSE PROGRAMS RELATING TO RE22 GIONAL SECURITY AND HOST NATION DEVEL23 OPMENT IN THE WESTERN HEMISPHERE.

24 (a) FINDINGS.—Congress makes the following findings:
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1 (1) The political environment in the Western

2 Hemisphere has been characterized in recent years by

3 significant democratic advances and an absence of

4 international strife; but democracy is fragile in some

5 nations of the region.

6 (2) It is desirable for the Department of Defense

7 to perform a positive role in influencing regional

8 armed forces to make positive contributions to the

9 democratic process and to domestic development pro10 grams.

11 (3) Congress receives a number of annual reports

12 relating to specific authorities granted to the Sec13 retary of Defense under title 10, United States Code,

14 such as the authorities relating to the conduct of bi15 lateral or regional cooperation programs under sec16 tion 1051, participation of developing countries in

17 combined exercises under section 2110, and the train18 ing of special operations forces with friendly forces

19 under section 2011.

20 (4) The annual reports are replete with statistics

21 and dollar figures and generally lacking in substance.

22 (5) Congress does not receive annual reports with

23 respect to other authorities of the Secretary of Defense,

24 such as that relating to Latin American cooperation

25 under section 1050 of title 10, United States Code.
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1 (6) Testimony before Congress, including in par2 ticular the testimony of the Commander in Chief,

3 United States Southern Command, and the Com4 mander in Chief, United States Atlantic Command,

5 has emphasized the conduct of a large number of com6 plementary programs under the leadership and super7 vision of those two commanders to foster appropriate

8 military roles in democratic host nations and to as9 sist countries in developing forces properly trained to

10 address their security needs, including needs regard11 ing illegal immigration, insurgencies, smuggling of il12 legal arms, munitions, and explosives across borders,

13 and drug trafficking.

14 (7) Most of the programs referred to in para15 graph (6) provide excellent and often unique training

16 and experience to the United States forces involved.

17 (8) The expansion of the military-to-military

18 contact program to the Western Hemisphere will pro19 vide another tool to encourage a democratic orienta20 tion of the defense establishments and military forces

21 of countries in the region.

22 (9) There is a need to conduct a comprehensive

23 review of the several authorities in title 10, United

24 States Code, for the Secretary of Defense to engage in

25 cooperative regional security programs with other
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1 countries in the Western Hemisphere in order to de2 termine whether the authorities continue to be appro3 priate and necessary, particularly in the light of the

4 changed circumstances in the region.

5 (10) There is a need to conduct a comprehensive

6 review of the various programs carried out pursuant

7 to such authorities to ensure that such programs are

8 designed to meet the needs of the host nations involved

9 and the regional objectives of the United States.

10 (11) There is a need to assess the strengths and

11 weaknesses of the various regional security organiza12 tions, defense forums, and defense education institu13 tions in the Western Hemisphere in order to identify

14 any improvements needed to harmonize the defense

15 policies of the United States and those of friendly na16 tions of the region.

17 (b) REPORT REQUIRED.—Not later than May 1, 1995,

18 the Secretary of Defense, shall—

19 (1) carry out a comprehensive review and assess20 ment of the matters referred to in paragraphs (9),

21 (10), and (11) of subsection (a); and

22 (2) after consultation with the Chairman of the

23 Joint Chiefs of Staff and the commanders of the com24 batant commands responsible for regions in the West25 ern Hemisphere, submit to the Committees on Armed
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1 Services of the Senate and House of Representatives

2 a report on regional defense matters.

3 (c) CONTENT OF REPORT.—The report shall contain

4 a detailed and comprehensive description, discussion, and

5 analysis of the following matters:

6 (1) The Department of Defense plan to support

7 United States strategic objectives in the Western

8 Hemisphere.

9 (2) The external and internal threats to the na10 tional security of the nations of the region.

11 (3) The various regional security cooperative

12 programs carried out by the Department of Defense

13 in the region in 1994, including training and edu14 cation programs in the host nations and in the Unit15 ed States and defense contacts set forth on a country16 by-country basis, the statutory authority, if any, for

17 such programs, and the strategic objectives served.

18 (4) The various regional security organizations,

19 defense forums, and defense education institutions

20 that the United States maintains or in which the

21 United States participates.

22 (5) An assessment of the contribution that such

23 programs, defense contacts, organizations, forums,

24 and institutions make to the advancement of regional
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1 security, host nation security and national develop2 ment, and the strategic objectives of the United States.

3 (6) The changes made or to be made in the pro4 grams, organizations, forums, and institutions as a

5 result of the comprehensive review.

6 (7) Any recommended legislation considered nec7 essary to improve the ability of the Department to

8 achieve its strategic objectives.

9 (d) CLASSIFICATION OF REPORT.—The report shall be

10 submitted in an unclassified form and may, if necessary,

11 have a classified supplement.

12 SEC. 1019. PAYMENTS-IN-KIND FOR RELEASE OF UNITED

13 STATES OVERSEAS MILITARY FACILITIES TO

14 NATO HOST COUNTRIES.

15 (a) FINDINGS.—Congress makes the following findings:

16 (1) The United States has invested

17 $6,500,000,000 in military infrastructure in North

18 Atlantic Treaty Organization (NATO) countries.

19 (2) As part of an overall plan to reduce United

20 States troop strength in Europe from 323,432 in 1987

21 to 100,000 by the end of 1996, the Department of De22 fense plans to close or reduce United States military

23 presence at 867 military sites overseas.
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1 (3) Most of the overseas military sites announced

2 for closure are in Europe where the United States has

3 already closed 434 such sites.

4 (4) When the United States closes military sites

5 in Europe, the United States brings the military per6 sonnel home but leaves buildings, roads, sewers, and

7 other real property improvements behind.

8 (5) Some allies have agreed to pay the United

9 States for the residual value of the real property im10 provements left behind.

11 (6) Although the United States military

12 drawdown has been rapid since 1990, European allies

13 have been slow to pay the United States the residual

14 value of the sites released by the United States.

15 (7) As of 1994, the United States has recouped

16 only $33,300,000 in cash, and most of that was recov17 ered in 1989.

18 (8) Although the United States has released to

19 Germany over 60 percent of the military sites

20 planned for closure by the United States in that coun21 try and the current value of United States facilities

22 to be returned to the German government is estimated

23 at approximately $2,700,000,000, the German govern24 ment has budgeted only $25,000,000 for fiscal year
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1 1994 for payment of compensation for the United

2 States investment in such improvements.

3 (b) POLICY.—It is the sense of Congress that—

4 (1) the President should redouble efforts to re5 cover the value of the United States investment in the

6 military infrastructure of NATO countries;

7 (2) the President should enter into negotiations

8 with the government of each NATO host country with

9 a presumption that payments to compensate the

10 United States for the negotiated value of improve11 ments will be made in cash and deposited in the De12 partment of Defense Overseas Military Facility In13 vestment Recovery Account;

14 (3) the President should enter into negotiations

15 for payments-in-kind only as a last resort and only

16 after informing the Congress that negotiations for

17 cash payments have not been successful; and

18 (4) to the extent that in-kind contributions are

19 received in lieu of cash payments in any fiscal year,

20 the in-kind contributions should be used for projects

21 which are identified priorities of the Department of

22 Defense.

23 (c) REQUIREMENTS AND LIMITATIONS RELATING TO

24 PAYMENTS-IN-KIND.—(1) Subsection (e) of section 2921 of
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1 the National Defense Authorization Act for Fiscal Year

2 1991 (10 U.S.C. 2687 note) is amended—

3 (A) by inserting ‘‘(1)’’ after ‘‘NEGOTIATIONS FOR

4 PAYMENTS-IN-KIND.—’’;

5 (B) by striking out ‘‘a written notice’’ and all

6 that follows and inserting in lieu thereof ‘‘to the con7 gressional defense committees (and one additional

8 copy to each of the Subcommittees on Defense of the

9 Committees on Appropriations of the Senate and the

10 House of Representatives) a written notice regarding

11 the intended negotiations.’’; and

12 (C) by adding at the end the following new para13 graph:

14 ‘‘(2) The notice shall contain the following:

15 ‘‘(A) A justification for entering into negotia16 tions for payments-in-kind with the host country.

17 ‘‘(B) The types of benefit options to be pursued

18 by the Secretary in the negotiations.

19 ‘‘(C) A discussion of the adjustments that are in20 tended to be made in the future-years defense program

21 or in the budget of the Department of Defense for the

22 fiscal year in which the notice is submitted or the fol23 lowing fiscal year in order to reflect costs that it may

24 no longer be necessary for the United States to incur
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1 as a result of the payments-in-kind to be sought in the

2 negotiations.’’.

3 (2) Such section is amended by adding at the end the

4 following new subsection:

5 ‘‘(h) CONGRESSIONAL OVERSIGHT OF PAYMENTS-IN6 KIND.—(1) Not less than 30 days before concluding an

7 agreement for acceptance of military construction or facil8 ity improvements as a payment-in-kind, the Secretary of

9 Defense shall submit to Congress a notification on the pro10 posed agreement that contains the following matters:

11 ‘‘(A) A description of the military construction

12 project or facility improvement project, as the case

13 may be.

14 ‘‘(B) A certification that the project is needed by

15 United States forces.

16 ‘‘(C) An explanation of how the project will aid

17 in the achievement of the mission of those forces.

18 ‘‘(D) A certification that, if the project were to

19 be carried out by the Department of Defense, appro20 priations would be necessary for the project and it

21 would be necessary to provide for the project in the

22 next future-years defense program.

23 ‘‘(2) Not less than 30 days before concluding an agree24 ment for acceptance of host nation support or host nation

25 payment of operating costs of United States forces as a pay-
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1 ment-in-kind, the Secretary of Defense shall submit to Con2 gress a notification on the proposed agreement that contains

3 the following matters:

4 ‘‘(A) A description of each activity to be covered

5 by the payment-in-kind.

6 ‘‘(B) A certification that the costs to be covered

7 by the payment-in-kind are included in the budget of

8 one or more of the military departments or that it

9 will otherwise be necessary to provide for payment of

10 such costs in a budget of one or more of the military

11 departments.

12 ‘‘(C) A certification that, unless the payment-in13 kind is accepted or funds are appropriated for pay14 ment of such costs, the military mission of the United

15 States forces with respect to the host nation concerned

16 will be adversely affected.’’.

17 Subtitle C—Nonproliferation and

18 Counterproliferation of Weapon

19 Systems and Related Systems

20 SEC. 1021. EXTENSION AND REVISION OF NONPROLIFERA21 TION AUTHORITIES.

22 (a) EXTENSION OF NONPROLIFERATION AUTHORI23 TIES.—Section 1505 of the National Defense Authorization

24 Act for Fiscal Year 1993 (22 U.S.C. 5859a) is amended—
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1 (1) in subsection (a), by striking out ‘‘during fis2 cal year 1994’’ and inserting in lieu thereof ‘‘during

3 fiscal years 1994 and 1995’’; and

4 (2) in subsection (e), by striking out ‘‘fiscal year

5 1994’’ and inserting in lieu thereof ‘‘fiscal years 1994

6 and 1995’’.

7 (b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE PRO8 VIDED.—Subsection (b)(4) of such section is amended by

9 striking out ‘‘nuclear proliferation through joint technical

10 projects and improved intelligence sharing’’ and inserting

11 in lieu thereof ‘‘nuclear, biological, chemical, and missile

12 proliferation through technical projects and improved infor13 mation sharing’’.

14 (c) SOURCES OF ASSISTANCE.—Subsection (d) of such

15 section is amended—

16 (1) in paragraph (1)—

17 (A) by inserting ‘‘for fiscal year 1994’’ after

18 ‘‘under this section’’; and

19 (B) by striking out ‘‘fiscal year 1994 or’’

20 and inserting in lieu thereof ‘‘fiscal year 1994.

21 Funds provided as assistance under this section

22 for fiscal year 1995 shall be derived from

23 amounts made available to the Department of

24 Defense for fiscal year 1995. Alternatively, funds

25 provided as assistance under this section for a
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1 fiscal year referred to in this paragraph may be

2 derived’’; and

3 (2) in paragraph (3), by inserting after

4 ‘‘$25,000,000’’ the following: ‘‘for fiscal year 1994 or

5 $15,000,000 for fiscal year 1995’’.

6 SEC. 1022. JOINT COMMITTEE FOR THE REVIEW OF

7 COUNTERPROLIFERATION PROGRAMS OF

8 THE UNITED STATES.

9 (a) COMPOSITION.—Subsection (a) of section 1605 of

10 the National Defense Authorization Act for Fiscal Year

11 1994 (Public Law 103–160; 107 Stat 1845) is amended—

12 (1) in paragraph (1)—

13 (A) by striking out ‘‘Non-Proliferation’’ in

14 the matter above subparagraph (A) and inserting

15 in lieu thereof ‘‘Counterproliferation’’;

16 (B) by striking out subparagraphs (B) and

17 (E); and

18 (C) by redesignating subparagraphs (C),

19 (D), and (F) as subparagraphs (B), (C), and

20 (D), respectively;

21 (2) in paragraph (2), by adding at the end the

22 following: ‘‘The Secretary of Energy shall serve as the

23 Vice Chairman of the committee.’’;

24 (3) in paragraph (4), by adding at the end the

25 following: ‘‘The Secretary of Energy may delegate to
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1 the Under Secretary of Energy responsible for na2 tional security programs of the Department of Energy

3 the performance of the duties of the Vice Chairman of

4 the committee.’’; and

5 (4) by striking out paragraph (5).

6 (b) PURPOSES OF COMMITTEE.—Subsection (b) of such

7 section is amended—

8 (1) in paragraph (1)(A), by striking out ‘‘non9 proliferation policy’’ and inserting in lieu thereof

10 ‘‘counterproliferation policy’’; and

11 (2) by adding at the end the following new para12 graphs:

13 ‘‘(3) To prioritize programs and funding.

14 ‘‘(4) To encourage and facilitate interagency and

15 interdepartmental funding of programs in order to

16 ensure necessary levels of funding to develop, operate,

17 and field highly-capable systems.

18 ‘‘(5) To insure that Department of Energy pro19 grams are integrated with the operational needs of

20 other departments and agencies of the Federal Gov21 ernment.

22 ‘‘(6) To ensure that Department of Energy na23 tional security programs include development of sys24 tems for deployment as well as research.’’.
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1 (c) DUTIES.—Subsection (c) of such section is amend2 ed—

3 (1) in paragraph (1)—

4 (A) by striking out ‘‘(including

5 counterproliferation capabilities) and tech6 nologies for support of United States non7 proliferation policy’’ in the matter above sub8 paragraph (A) and inserting in lieu thereof ‘‘and

9 technologies for support of United States non10 proliferation policy and counterproliferation pol11 icy’’;

12 (B) by inserting ‘‘and’’ at the end of sub13 paragraph (D); and

14 (C) by striking out subparagraphs (F) and

15 (G);

16 (2) by striking out paragraphs (2), (3), and (7);

17 (3) in paragraph (4), by striking out ‘‘to support

18 fully the nonproliferation policy of the United

19 States’’;

20 (4) by redesignating paragraphs (4), (5), and (6)

21 as paragraphs (2), (3), and (4), respectively; and

22 (5) by adding at the end the following new para23 graph (5):

24 ‘‘(5) assess each fiscal year the effectiveness of the

25 committee actions during the preceding fiscal year,
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1 including, particularly, the status of recommenda2 tions made during such preceding fiscal year that

3 were reflected in the budget submitted to Congress

4 pursuant to section 1105(a) of title 31, United States

5 Code, for the fiscal year following the fiscal year in

6 which the assessment is made.’’.

7 (d) COMMITTEE RECOMMENDATIONS.—Subsection (e)

8 of such section is amended to read as follows:

9 ‘‘(e) RECOMMENDATIONS.—The committee shall sub10 mit to the President and the heads of all appropriate de11 partments and agencies of the Federal Government such

12 programmatic recommendations regarding existing,

13 planned, or new programs as the committee considers ap14 propriate to encourage funding for capabilities and tech15 nologies at the level necessary to support United States

16 counterproliferation policy.’’.

17 (e) EXTENSION OF COMMITTEE.—Subsection (f) of

18 such section is amended by striking out ‘‘six months after

19 the date on which the report of the Secretary of Defense

20 under section 1606 is submitted to Congress’’ and inserting

21 in lieu thereof ‘‘at the end of September 30, 1996’’.

22 SEC. 1023. REPORT ON COUNTERPROLIFERATION ACTIVI23 TIES AND PROGRAMS.

24 (a) REPORT REQUIRED.—Not later than May 1, 1995,

25 and not later than May 1 of each year thereafter, the Sec-
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1 retary of Defense shall submit to the appropriate commit2 tees of Congress a report of the findings of the

3 Counterproliferation Program Review Committee estab4 lished by section 1605 of the National Defense Authorization

5 Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat

6 1845). The Secretary shall submit any special annex of the

7 report to the committees of Congress that traditionally re8 ceive information in the annex in the performance of over9 sight functions of such committees.

10 (b) CONTENT OF THE REPORT.—The report shall in11 clude the following matters:

12 (1) A complete list, by specific program element,

13 of the existing, planned, or newly proposed capabili14 ties and technologies reviewed by the committee pur15 suant to section 1605(c) of Public Law 103–160.

16 (2) A complete description of the requirements

17 and priorities established by the Counterproliferation

18 Program Review Committee.

19 (3) A comprehensive discussion of the near-term,

20 mid-term, and long-term programmatic options for21 mulated by the committee for meeting requirements

22 prescribed by the committee and for eliminating defi23 ciencies identified by the committee, including the an24 nual funding requirements and completion dates es25 tablished for each such option.
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1 (4) An explanation of the recommendations

2 made pursuant to section 1605(c) of Public Law 103–

3 160, together with a full discussion of the actions

4 taken to implement such recommendations or other5 wise taken on the recommendations.

6 (5) A discussion and assessment of the status of

7 each committee recommendation during the fiscal

8 year preceding the fiscal year in which the report is

9 submitted, including, particularly, the status of rec10 ommendations made during such preceding fiscal

11 year that were reflected in the budget submitted to

12 Congress pursuant to section 1105(a) of title 31,

13 United States Code, in the fiscal year of the report.

14 (6) Each specific Department of Energy program

15 that the Secretary of Energy plans to develop to ini16 tial operating capability and each such program that

17 the Secretary does not plan to develop to initial oper18 ating capability.

19 (7) For each technology program scheduled to

20 reach initial operational capability, a recommenda21 tion from the Chairman of the Joint Chiefs of Staff

22 that represents the views of the commanders of the

23 unified and specified commands regarding the utility

24 and requirement of the program.
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1 (c) FORMS OF REPORT.—The report shall be submitted

2 in both unclassified and classified forms, including an

3 annex to the classified report for special compartmented in4 formation programs, special access programs, and special

5 activities programs.

6 (d) DEFINITIONS.—In this section:

7 (1) The term ‘‘appropriate committees of Con8 gress’’ means—

9 (A) the Committee on Armed Services, the

10 Committee on Appropriations, and the Select

11 Committee on Intelligence of the Senate; and

12 (B) the Committee on Armed Services, the

13 Committee on Appropriations, and the Select

14 Committee on Intelligence of the House of Rep15 resentatives.

16 (2) The term ‘‘intelligence community’’ has the

17 meaning given such term in section 3 of the National

18 Security Act of 1947 (50 U.S.C. 401a).

19 SEC. 1024. AMOUNTS FOR COUNTERPROLIFERATION AC20 TIVITIES.

21 (a) COUNTERPROLIFERATION ACTIVITIES.—Of the

22 amount authorized to be appropriated in section 201(4),

23 $12,500,000 shall be available for counterproliferation ac24 tivities.
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1 (b) EDUCATION IN SUPPORT OF

2 COUNTERPROLIFERATION ACTIVITIES.—Of the amount au3 thorized to be appropriated in section 301(5), not more than

4 $1,000,000 shall be available for providing education to

5 members of the Armed Forces in matters relating to

6 counterproliferation.

7 (c) ADDITIONAL AUTHORITY TO TRANSFER AUTHOR8 IZATIONS.—(1) In addition to the transfer authority pro9 vided in section 1001, upon determination by the Secretary

10 of Defense that such action is necessary in the national in11 terest, the Secretary may transfer amounts of authoriza12 tions made available to the Department of Defense in this

13 division for fiscal year 1995 to counterproliferation pro14 grams, projects, and activities identified as areas for

15 progress by the Joint Committee for the Review of

16 Counterproliferation Programs established by section 1605

17 of the National Defense Authorization Act for Fiscal Year

18 1994 (Public Law 103–160; 107 Stat. 1845). Amounts of

19 authorizations so transferred shall be merged with and be

20 available for the same purposes as the authorization to

21 which transferred.

22 (2) The total amount of authorizations that the Sec23 retary may transfer under the authority of this subsection

24 may not exceed $100,000,000.
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1 (3) The authority provided by this subsection to trans2 fer authorizations—

3 (A) may only be used to provide authority for

4 items that have a higher priority than the items from

5 which authority is transferred; and

6 (B) may not be used to provide authority for an

7 item that has been denied authorization by Congress.

8 (4) A transfer made from one account to another under

9 the authority of this subsection shall be deemed to increase

10 the amount authorized for the account to which the amount

11 is transferred by an amount equal to the amount trans12 ferred.

13 (5) The Secretary of Defense shall promptly notify

14 Congress of transfers made under the authority of this sub15 section.

16 (d) USE OF FUNDS FOR TECHNOLOGY DEVELOP17 MENT.—(1) Of the funds authorized to be appropriated by

18 section 201(4) for a counterproliferation technology project

19 in Program Element 602301E—

20 (A) $5,000,000 shall be available for a program

21 to detect, locate, and disarm weapons of mass destruc22 tion that are hidden by a hostile state or terrorist or

23 terrorist group in confined area outside the United

24 States; and
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1 (B) $10,000,000 shall be available for the train2 ing program referred to in paragraph (3).

3 (2) The Secretary of Defense shall make funds avail4 able for the program referred to in paragraph (1)(A) in

5 a manner that, to the maximum extent practicable, ensures

6 the effective utilization of existing resources of the national

7 weapons laboratories.

8 (3)(A) The training program referred to in paragraph

9 (1)(B) is a training program carried out jointly by the Sec10 retary of Defense and the Director of the Federal Bureau

11 of Investigation in order to expand and improve United

12 States efforts to deter the possible proliferation and acquisi13 tion weapons of mass destruction by organized crime orga14 nizations in Eastern Europe, the Baltic countries, and the

15 former Soviet Union.

16 (B) The funds available under paragraph (1)(B) for

17 the program referred to in subparagraph (A) may not be

18 obligated or expended for that program until the Secretary

19 of Defense and the Director of the Federal Bureau of Inves20 tigation jointly submit to the congressional defense commit21 tees a report that—

22 (i) identifies the nature and extent of the threat

23 posed to the United States by the possible prolifera24 tion and acquisition of weapons of mass destruction
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1 by organized crime organizations in Eastern Europe,

2 the Baltic countries, and the former Soviet Union;

3 (ii) assesses the actions that the United States

4 should undertake in order to assist law enforcement

5 agencies of Eastern Europe, the Baltic countries, and

6 the former Soviet Union in the efforts of such agencies

7 to prevent and deter the theft of nuclear weapons ma8 terial; and

9 (iii) contains an estimate of—

10 (I) the cost of undertaking such actions, in11 cluding the costs of personnel, support equip12 ment, and training;

13 (II) the time required to commence the car14 rying out of the program referred to in para15 graph (1); and

16 (III) the amount of funds, if any, that will

17 be required in fiscal years after fiscal year 1995

18 in order to carry out the program.

19 SEC. 1025. RESTRICTION RELATING TO REPORT ON PRO20 LIFERATION OF FOREIGN MILITARY SAT21 ELLITES.

22 None of the funds available to the Department of De23 fense for travel may be expended for travel by the Assistant

24 Secretary of Defense for International Security Policy until

25 the Secretary of Defense submits to Congress the report re-
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1 quired by section 1363 of the National Defense Authoriza2 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

3 Stat. 2560) together with the certification required by sec4 tion 211(d) of the National Defense Authorization Act for

5 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1584).

6 Subtitle D—Peace Operations

7 SEC. 1031. REPORTS ON REFORMING MULTILATERAL PEACE

8 OPERATIONS.

9 (a) REPORTS REQUIRED.—The Secretary of Defense

10 shall submit to the congressional defense committees two re11 ports on United States proposals for improving United Na12 tions management of peace operations. The Secretary shall

13 submit the first report not later than December 1, 1994,

14 and the second report not later than June 1, 1995.

15 (b) CONTENT OF REPORTS.—(1) Each report shall

16 contain—

17 (A) a discussion of the status of implementation

18 of United States proposals contained in section IV

19 (relating to strengthening the United Nations) of the

20 document entitled ‘‘The Clinton Administration’s Pol21 icy on Reforming Multilateral Peace Operations’’ that

22 was issued by the Executive Office of the President in

23 May 1994; and

24 (B) an analysis of the results of such implemen25 tation.
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1 (2) Each report shall cover, at a minimum, the follow2 ing matters:

3 (A) The reconfiguration and expansion of the

4 staff for the United Nations Department of Peacekeep5 ing Operations.

6 (B) The elimination by the United Nations of

7 lengthy, potentially disastrous delays after a peace

8 operation has been authorized.

9 (C) The establishment by the United Nations of

10 a professional peace operations training program for

11 commanders and other military and civilian person12 nel.

13 (D) United States assistance to facilitate im14 provements by the United Nations in the matters de15 scribed in subparagraphs (A) and (C) and the terms

16 under which such assistance has been or is being pro17 vided.

18 (c) DEFINITION.—Is this section, the term ‘‘peace oper19 ation’’ means an operation to maintain or restore inter20 national peace and security under chapter VI or chapter

21 VII of the Charter of the United Nations.

22 SEC. 1032. SUPPORT FOR INTERNATIONAL PEACEKEEPING

23 AND PEACE ENFORCEMENT.

24 (a) SENSE OF CONGRESS.—It is the sense of Congress

25 that—
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1 (1) the President should initiate consultations

2 with the bipartisan leadership of Congress, including

3 the leadership of the relevant committees, as far in

4 advance as possible regarding international peace5 keeping or peace enforcement activities of the United

6 Nations that would involve the participation of Unit7 ed States combat forces and such consultations should

8 continue throughout the duration of such activities;

9 (2) the consultations should take place prior to

10 the vote by the United States on United Nations Se11 curity Council resolutions authorizing, extending, or

12 revising the mandates for these types of activities;

13 (3) United Nations Security Council resolutions

14 authorizing peacekeeping or peace enforcement activi15 ties should clearly state the threat to international

16 peace and security presented by the conflict in ques17 tion, as well as the political and military objectives,

18 the anticipated duration, and an exit strategy for

19 each activity;

20 (4) the United States should be fully reimbursed

21 for troop contributions and assistance provided to

22 United Nations peacekeeping and peace enforcement

23 activities;

24 (5) the United Nations should rarely conduct

25 peace enforcement operations in view of the complex-
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1 ity of such operations and the difficulty of achieving

2 unity of command and expeditious decisionmaking

3 through the United Nations;

4 (6) United States combat forces should be under

5 the operational control of qualified commanders and

6 should have clear and effective command and control

7 arrangements, appropriate rules of engagement, and

8 clear and unambiguous mission statements;

9 (7) United States combat forces should not be

10 under the command and control of foreign command11 ers in peace enforcement operations conducted by the

12 United Nations except in the most extraordinary cir13 cumstances; and

14 (8) the Secretary of Defense should have the lead

15 responsibility within the executive branch for the

16 management of peacekeeping and peace enforcement

17 activities of the United Nations in which United

18 States combat forces participate.

19 (b) SUPPORT AUTHORIZED.—(1) Section 403 of title

20 10, United States Code, is amended to read as follows:

21 ‘‘§ 403. International peacekeeping and international

22 peace enforcement: support involving

23 United States combat forces

24 ‘‘(a) AUTHORITY.—Notwithstanding any other provi25 sion of law, the Secretary of Defense may—
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1 ‘‘(1) pay, out of funds in the Contributions for

2 International Peacekeeping and Peace Enforcement

3 Activities Fund established by subsection (g), the

4 United States fair share (as determined by the Sec5 retary) of assessments for international peacekeeping

6 or international peace enforcement activities of the

7 United Nations in which United States combat forces

8 participate; and

9 ‘‘(2) furnish assistance, on a reimbursable basis,

10 in support of such activities.

11 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

12 under this section may include supplies, services, and

13 equipment.

14 ‘‘(c) DETERMINATION REQUIRED.—No assessment

15 may be paid and no assistance may be furnished pursuant

16 to this section unless the President determines that the pro17 vision of assistance is in the national interest of the United

18 States.

19 ‘‘(d) ADVANCE NOTICE.—(1) In the case of any inter20 national peacekeeping or international peace enforcement

21 operation of the United Nations in which United States

22 combat forces are to participate, not less than 15 days be23 fore an initial deployment of United States combat forces,

24 payment of a United Nations assessment, furnishing of as25 sistance of a value in excess of $14,000,000, or waiver of
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1 reimbursement to the United States under subsection (e),

2 the President shall transmit to the designated congressional

3 committees a report, which may be classified in whole or

4 in part, that contains the determination required by sub5 section (c) and the following matters:

6 ‘‘(A) A description of the threat to international

7 peace and security presented by the conflict involved.

8 ‘‘(B) The United States interests that will be ad9 vanced by the operation and by the United States ac10 tion.

11 ‘‘(C) The political and military objectives of the

12 operation.

13 ‘‘(D) The exit criteria and likely duration of the

14 operation.

15 ‘‘(E) The personnel and material resources that

16 have been pledged, or are otherwise expected to be

17 made available, by other nations to the United Na18 tions for the operation.

19 ‘‘(F) The units of the armed forces that will par20 ticipate.

21 ‘‘(G) The necessity for involvement of United

22 States forces.

23 ‘‘(H) The command arrangements for those forces

24 and, if any of the United States forces are to be
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1 placed under the operational control of foreign com2 manders, the justification for doing so.

3 ‘‘(I) The rules of engagement for the operation.

4 ‘‘(J) An assessment of the risks involved in the

5 operation.

6 ‘‘(K) In the case of payment of an assessment,

7 the amount to be paid and the terms under which the

8 payment is to be made.

9 ‘‘(L) In the case of assistance, the supplies, serv10 ices, or equipment to be provided by the United States

11 and the terms under which such supplies, services, or

12 equipment are to be provided.

13 ‘‘(M) In the case of a waiver of reimbursement,

14 the justification for the waiver.

15 ‘‘(2) If the President determines that an unforeseen

16 emergency requires the immediate deployment of United

17 States combat troops or the immediate furnishing of assist18 ance of a value in excess of $14,000,000 under this section,

19 the President—

20 ‘‘(A) may waive the requirement of paragraph

21 (1) that a report be transmitted at least 15 days in

22 advance of the action; and

23 ‘‘(B) shall promptly notify the designated com24 mittees of such waiver and such deployment or trans25 fer.
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1 ‘‘(e) REIMBURSEMENT.—(1) The President shall re2 quire reimbursement from the United Nations or from any

3 other source for the participation of any force of the armed

4 forces in support of international peacekeeping or inter5 national peace enforcement activities of the United Nations

6 or for the provision of assistance by the Secretary of Defense

7 in support of such activities.

8 ‘‘(2) Any funds received as reimbursements shall be

9 used as follows:

10 ‘‘(A) As a first priority, for the payment of the

11 incremental costs of the military departments and

12 Defense Agencies providing the participating United

13 States forces or the supplies, services, or equipment

14 involved.

15 ‘‘(B) As a second priority, for the payment of the

16 incremental costs of any other United States forces

17 that are operating in support of international peace18 keeping or international peace enforcement activities

19 but for which reimbursement is not possible.

20 ‘‘(3) After use of reimbursement funds for the purposes

21 specified in paragraph (2), any remainder of such funds

22 shall be credited to the Contributions for International

23 Peacekeeping and Peace Enforcement Activities Fund estab24 lished by subsection (g).
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1 ‘‘(4) Reimbursements utilized for the payment of incre2 mental costs shall be credited, at the option of the Secretary

3 of the military department concerned or the head of the De4 fense Agency concerned, either to an appropriation, fund,

5 or other account obligated to pay such costs or to an appro6 priate appropriation, fund, or other account available for

7 paying such costs.

8 ‘‘(f) WAIVER OF REIMBURSEMENT.—The President

9 may waive, in whole or in part, any reimbursement re10 quired under subsection (a)(2) or (e) in exceptional cir11 cumstances upon determining that such waiver is in the

12 national interest of the United States.

13 ‘‘(g) ESTABLISHMENT OF ACCOUNT.—There is hereby

14 established in the Treasury of the United States a fund to

15 be known as the ‘Contributions for International Peacekeep16 ing and Peace Enforcement Activities Fund’. Amounts ap17 propriated or otherwise credited to the Fund shall be avail18 able until expended for, and shall be used for, paying assess19 ments for United Nations operations under this section.

20 ‘‘(h) AUTHORITY INAPPLICABLE WHEN UNITED

21 STATES COMBAT FORCES NOT INVOLVED.—The authority

22 in subsection (a) to pay United Nations assessments for

23 international peacekeeping and international peace enforce24 ment activities of the United Nations may not be construed

25 as authorizing payment of United Nations assessments for
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1 any such activity in which United States combat forces do

2 not participate.

3 ‘‘(i) COORDINATION WITH OTHER LAWS.—This sec4 tion may not be construed as superseding any provision

5 of the War Powers Resolution. This section does not provide

6 authority for the participation of United States combat

7 forces in any international peacekeeping or international

8 peace enforcement operation.

9 ‘‘(j) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘designated congressional commit11 tees’ means the Committees on Armed Services, Ap12 propriations, and Foreign Relations of the Senate

13 and the Committees on Armed Services, Appropria14 tions, and Foreign Affairs of the House of Representa15 tives.

16 ‘‘(2) The term ‘combat forces’ means forces of the

17 armed forces that have combat missions as primary

18 missions.

19 ‘‘(3) The term ‘international peacekeeping’

20 means those activities performed pursuant to Chapter

21 VI of the United Nations Charter.

22 ‘‘(4) The term ‘international peace enforcement’

23 means those activities performed pursuant to Chapter

24 VII of the United Nations Charter.’’.
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1 (2) The item relating to section 403 in the table of

2 sections at the beginning of subchapter I of chapter 20 of

3 such title is amended to read as follows:

‘‘403. International peacekeeping and international peace enforcement: support involving United States combat forces.’’.

4 (c) AUTHORIZED SUPPORT FOR FISCAL YEAR 1995.—

5 Not more than $300,000,000 is authorized to be appro6 priated for fiscal year 1995 for the Contributions for Inter7 national Peacekeeping and Peace Enforcement Activities

8 Fund under section 301(20).

9 Subtitle E—Reporting

10 Requirements

11 SEC. 1041. REPORT ON OFFENSIVE BIOLOGICAL WARFARE

12 PROGRAM OF THE STATES OF THE FORMER

13 SOVIET UNION.

14 (a) FINDINGS.—Congress makes the following findings:

15 (1) The United States has identified non16 proliferation as a high priority in the conduct of

17 United States national security policy.

18 (2) The United States is seeking universal adher19 ence to global regimes that control nuclear, chemical,

20 and biological weapons and is promoting new meas21 ures that provide increased transparency of biological

22 weapons-related activities and facilities in an effort to

23 help deter violations of and enhance compliance with

24 the Biological Weapons Convention (BWC).
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1 (3) Questions continue to arise regarding offen2 sive biological weapons research, development, testing

3 production, and storage in the countries of the former

4 Soviet Union as well as in other countries.

5 (b) SENSE OF CONGRESS.—It is the sense of Congress

6 that—

7 (1) the President should continue to urge all sig8 natories to the Biological Weapons Convention to

9 comply fully with the terms of that convention and

10 with other international agreements relating to the

11 control of biological weapons; and

12 (2) as the President encourages increased trans13 parency of biological weapons-related activities and

14 facilities to deter violations of and enhance compli15 ance with the Biological Weapons Convention, the

16 President should also take appropriate actions to en17 sure that the United States is prepared to counter the

18 effects of use of biological weapons by others.

19 (c) REPORT REQUIRED.—Not later than 120 days

20 after the enactment of this Act, the Secretary of Defense

21 shall submit to the congressional defense committees a re22 port on the status of the offensive biological warfare pro23 gram in the Russian Federation and the other independent

24 states of the former Soviet Union.
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1 (d) CONTENT OF REPORT.—The report shall include

2 the following matters:

3 (1) An assessment of the extent of compliance of

4 the independent states of the former Soviet Union

5 with the Biological Weapons Convention and other

6 international agreements relating to the control of bi7 ological weapons.

8 (2) An evaluation of the extent of control and

9 oversight by the government of the Russian Federa10 tion over the former Soviet military and dual civil11 ian-military biological warfare programs.

12 (3) The extent, if any, of the biological warfare

13 agent stockpile in any of the independent states of the

14 former Soviet Union.

15 (4) The extent and scope, if any, of continued bi16 ological warfare research, development, testing, and

17 production by such state, including the sites and

18 types of activity at those sites.

19 (5) An evaluation of the effectiveness of possible

20 delivery systems of biological weapons, including tube

21 and rocket artillery, bomber aircraft, and ballistic

22 missiles.

23 (6) An evaluation of United States capabilities

24 to detect and monitor biological warfare research, de25 velopment, testing, production, and storage.
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1 (7) On the basis of the assessment and evalua2 tions referred to in other paragraphs of this sub3 section, recommendations by the Secretary of Defense

4 and Chairman of the Joint Chiefs of Staff for the im5 provement of United States biological warfare defense

6 and counter-measures.

7 (e) FORM OF REPORT.—The Secretary shall submit the

8 report in classified and unclassified versions.

9 (f) DEFINITIONS.—In this section:

10 (1) The term ‘‘Biological Weapons Convention’’

11 means the Convention on the Prohibition, Production,

12 and Stockpiling of Bacteriological (Biological) and

13 Toxin Weapons and on Their Destruction, done at

14 Washington, London, and Moscow on April 10, 1972.

15 (2) The term ‘‘independent states of the former

16 Soviet Union’’ has the same meaning given that term

17 in section 3 of the FREEDOM Support Act (22

18 U.S.C. 5801).

19 SEC. 1042. TERMINATION OF CERTAIN DEPARTMENT OF DE20 FENSE REPORTING REQUIREMENTS.

21 (a) IMMEDIATE TERMINATION.—Except as provided in

22 subsection (c), notwithstanding the date set forth in sub23 section (a) of section 1151 of the National Defense Author24 ization Act for Fiscal Year 1994 (Public Law 103–160; 107

25 Stat. 1758; 10 U.S.C. 113 note), the reporting requirements
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1 referred to in subsection (b) are terminated effective on the

2 date of the enactment of this Act.

3 (b) APPLICABILITY.—Subsection (a) applies to each re4 porting requirement specified in enclosures 1 and 2 of the

5 letter, dated April 29, 1994, by which the Director for Ad6 ministration and Management, Office of the Secretary De7 fense, citing the authority of the provision of law referred

8 to in subsection (a), submitted a list of reporting require9 ments recommended for termination by the Department of

10 Defense.

11 (c) PRESERVATION OF REQUIREMENTS.—(1) The re12 porting requirements set forth in the provisions of law re13 ferred to in paragraph (2) shall not terminate under sub14 section (a) of section 1151 of the National Defense Author15 ization Act for Fiscal Year 1994 (Public Law 103–160; 107

16 Stat. 1758; 10 U.S.C. 113 note).

17 (2) Paragraph (1) applies to the following reports:

18 (A) Reports required under the following provi19 sions of title 10, United States Code:

20 (i) Section 2662, relating to reports on real

21 property transactions.

22 (ii) Section 2672a(b), relating to reports on

23 urgent acquisitions of land.

24 (iii) Section 2687(b)(1), relating to notifi25 cations of certain base closures and realignments.
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1 (iv) Section 2690(b)(2), relating to notifica2 tions of proposed conversions of heating facilities

3 at United States installations in Europe.

4 (v) Section 2804(b), relating to reports on

5 contingency military construction projects.

6 (vi) Section 2806(c)(2), relating to reports

7 on contributions for NATO infrastructure in ex8 cess of amounts appropriated for such contribu9 tions.

10 (vii) Subsections (b) and (c) of section

11 2807, relating to notifications and reports on ar12 chitectural and engineering services and con13 struction design.

14 (viii) Section 2823(b), relating to notifica15 tions regarding disagreements between certain of16 ficials on the availability of locations for suitable

17 alternative housing for the Department of De18 fense.

19 (ix) Subsections (b) and (c) of section 2825,

20 relating to notifications regarding improvements

21 of family housing or construction of replacement

22 family housing.

23 (x) Section 2827(b), relating to notifications

24 regarding relocation of military family housing

25 units.
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1 (xi) Section 2835(g)(1), relating to eco2 nomic analyses on the cost effectiveness of leasing

3 family housing to be constructed or rehabilitated.

4 (xii) Section 2861(a), relating to the annual

5 report on military construction activities and

6 family housing activities.

7 (xiii) Subsections (e) and (f) of section

8 2865, relating to notifications regarding unau9 thorized energy conservation construction

10 projects and an annual report regarding energy

11 conservation actions.

12 (B) Reports required under the following provi13 sions of title 37, United States Code:

14 (i) Section 406(i), relating to the annual re15 port regarding dependents accompanying mem16 bers stationed outside the United States in rela17 tion to the eligibility of such members to receive

18 travel and transportation allowances.

19 (ii) Section 1008(a), relating to the annual

20 report by the President on adjustments of rates

21 of pay and allowances for members of the uni22 formed services.

23 (C) Reports required under the following provi24 sions of law:
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1 (i) Section 326(a)(5) of the National De2 fense Authorization Act for Fiscal Year 1993

3 (Public Law 102–484; 106 Stat. 2368; 10 U.S.C.

4 2301 note), relating to reports on use of certain

5 ozone-depleting substances.

6 (ii) Subsections (e) and (f) of section 2921

7 of the National Defense Authorization Act for

8 Fiscal Year 1991 (10 U.S.C. 2687 note), relating

9 to notifications regarding negotiations for pay10 ments-in-kind for the release of improvements at

11 overseas military installations to host countries

12 and an annual report on the status and use of

13 the Department of Defense Overseas Military Fa14 cility Investment Recovery Account.

15 (iii) Section 1505(f)(3) of the Military

16 Child Care Act of 1989 (title XV of Public Law

17 101–189; 103 Stat. 1594; 10 U.S.C. 113 note),

18 relating to reports on closures of military child

19 development centers.

20 (iv) Subsections (a) and (d) of section 7 of

21 the Organotin Antifouling Paint Control Act of

22 1988 (Public Law 100–133; 102 Stat. 607; 33

23 U.S.C. 2406), relating to the annual report on

24 the monitoring of estuaries and near-coastal wa25 ters for concentrations of organotin.
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1 Subtitle F—Acceptance of Pre-re2 lease Services of Nonviolent Of3 fenders

4 SEC. 1051. USE OF INMATE LABOR AT MILITARY INSTALLA5 TIONS.

6 (a) USE OF INMATE LABOR AUTHORIZED.—Chapter

7 155 of title 10, United States Code, is amended by adding

8 at the end the following new section:

9 ‘‘§ 2610. Acceptance of services of inmates of State and

10 local correctional facilities

11 ‘‘(a) USE OF INMATE LABOR.—Subject to subsection

12 (c), the Secretary of a military department may accept in

13 accordance with this section the services of nonviolent of14 fenders incarcerated in a correctional facility of a State or

15 local government. Services so accepted shall be performed

16 at a military installation in the vicinity of the correctional

17 facility pursuant to an agreement entered into by the Sec18 retary and the chief executive of the State or local govern19 ment.

20 ‘‘(b) AUTHORIZED SERVICES.—The services authorized

21 to be accepted are as follows:

22 ‘‘(1) Construction, maintenance, or repair of

23 roads.

24 ‘‘(2) Construction of levees or other flood preven25 tion structures.
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1 ‘‘(3) Construction, maintenance, or repair of any

2 other public ways or works.

3 ‘‘(4) Clearance, maintenance, or reforesting of

4 public lands.

5 ‘‘(5) Custodial services.

6 ‘‘(c) CONDITIONS FOR ACCEPTANCE OF SERVICES.—

7 The Secretary may accept the services of nonviolent offend8 ers for a military installation under this section only if

9 the Secretary finds that—

10 ‘‘(1) Federal Government employees and contrac11 tor employees performing services at the installation

12 will not be displaced;

13 ‘‘(2) no contract for the provision of services at

14 the installation will otherwise be impaired; and

15 ‘‘(3) in the case of services in any skill, craft, or

16 trade, there is no surplus of labor for hire in such

17 skill, craft, or trade in the vicinity of the installation.

18 ‘‘(d) LIMITATION ON PAYMENTS TO CUSTODIAL GOV19 ERNMENTS.—(1) Except as provided in paragraph (2), the

20 Secretary of a military department may not compensate

21 a State or local government for the costs incurred by such

22 government in the provision of services accepted under this

23 section.

24 ‘‘(2) The Secretary may—
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1 ‘‘(A) reimburse a State or local government for

2 administrative and other costs directly incurred by

3 that government in making available and supervising

4 offenders as they provide services accepted under this

5 section; and

6 ‘‘(B) pay a nominal amount to the State or local

7 government in order to support any alcohol and drug

8 abuse treatment programs conducted by that govern9 ment for the offenders who provide such services.

10 ‘‘(e) PROHIBITION ON COMPENSATION OF INMATES.—

11 The Secretary may not compensate any offender for services

12 accepted under this section.

13 ‘‘(f) SUPPORT AUTHORIZED.—The Secretary may pro14 vide equipment, supplies, or other materials to be used by

15 offenders in the provision of services accepted under this

16 section.

17 ‘‘(g) INAPPLICABILITY OF OTHER LAWS.—The follow18 ing provisions of law shall not apply with respect to services

19 accepted under this section:

20 ‘‘(1) Section 1342 of title 31.

21 ‘‘(2) The Fair Labor Standards Act of 1938 (29

22 U.S.C. 201 et seq.).

23 ‘‘(3) The Act entitled ‘An Act relating to the rate

24 of wages for laborers and mechanics employed on pub25 lic buildings of the United States and the District of
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1 Columbia by contractors and subcontractors, and for

2 other purposes’, approved March 3, 1931 (46 Stat.

3 1494; 40 U.S.C. 276a et seq.), commonly referred to

4 as the ‘Davis-Bacon Act’.

5 ‘‘(4) The Act entitled ‘An Act to provide condi6 tions for the purchases of supplies and the making of

7 contracts by the United States, and for other pur8 poses’, approved June 30, 1936 (49 Stat. 2036; 41

9 U.S.C. 35 et seq.), commonly referred to as the

10 ‘Walsh-Healey Act’.

11 ‘‘(5) The Service Contract Act of 1965 (41

12 U.S.C. 351 et seq.).’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of such chapter is amended by adding at the

15 end the following:

‘‘2610. Acceptance of services of inmates of State and local correctional facilities.’’.

16 SEC. 1052. REVISION OF AUTHORITY FOR USE OF NAVY IN17 STALLATIONS TO PROVIDE EMPLOYMENT

18 TRAINING TO NONVIOLENT OFFENDERS IN

19 STATE PENAL SYSTEMS.

20 (a) SOURCES OF TRAINING.—Subsection (b) of section

21 1374 of the National Defense Authorization Act for Fiscal

22 Year 1994 (Public Law 103–160; 107 Stat. 1821; 10 U.S.C.

23 5013 note) is amended—
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1 (1) by striking out the subsection caption and

2 inserting in lieu thereof ‘‘SOURCES OF TRAINING.—’’;

3 and

4 (2) by inserting before the period at the end the

5 following: ‘‘or may provide such training directly at

6 such installations by agreement with the State con7 cerned’’.

8 (b) LIABILITY AND INDEMNIFICATION.—Subsection (e)

9 of such section is amended—

10 (1) by inserting ‘‘(1)’’ before ‘‘A nonprofit orga11 nization’’; and

12 (2) by adding at the end the following:

13 ‘‘(2) In any case in which the Secretary provides

14 prerelease employment training directly by agreement with

15 the State concerned, the State shall—

16 ‘‘(A) be liable for any loss or damage to Federal

17 Government property that may result from, or in con18 nection with, the provision of the training except to

19 the extent that the loss or damage results from a

20 wrongful act or omission of Federal Government per21 sonnel; and

22 ‘‘(B) hold harmless and indemnify the United

23 States from and against any suit, claim, demand, ac24 tion, or liability arising out of any claim for personal

25 injury or property damage that may result from, or
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1 in connection with, the provision of the training ex2 cept to the extent that the personal injury or property

3 damage results from a wrongful act or omission of

4 Federal Government personnel.’’.

5 SEC. 1053. USE OF ARMY INSTALLATIONS TO PROVIDE EM6 PLOYMENT TRAINING TO NONVIOLENT OF7 FENDERS IN STATE PENAL SYSTEMS.

8 (a) DEMONSTRATION PROJECT AUTHORIZED.—The

9 Secretary of the Army may conduct a demonstration project

10 to test the feasibility of using Army facilities to provide

11 employment training to nonviolent offenders in a State

12 penal system prior to their release from incarceration. The

13 demonstration project shall be limited to not more than

14 three military installations under the jurisdiction of the

15 Secretary.

16 (b) SOURCES OF TRAINING.—The Secretary may enter

17 into a cooperative agreement with one or more private, non18 profit organizations for purposes of providing at the mili19 tary installations included in the demonstration project the

20 prerelease employment training authorized under sub21 section (a) or may provide such training directly at such

22 installations by agreement with the State concerned.

23 (c) USE OF FACILITIES.—Under a cooperative agree24 ment entered into under subsection (b), the Secretary may

25 lease or otherwise make available to a nonprofit organiza-
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1 tion participating in the demonstration project at a mili2 tary installation included in the demonstration project any

3 real property or facilities at the installation that the Sec4 retary considers to be appropriate for use to provide the

5 prerelease employment training authorized under sub6 section (a). Notwithstanding section 2667(b)(4) of title 10,

7 United States Code, the use of such real property or facili8 ties may be permitted with or without reimbursement.

9 (d) ACCEPTANCE OF SERVICES.—Notwithstanding sec10 tion 1342 of title 31, United States Code, the Secretary may

11 accept voluntary services provided by persons participating

12 in the prerelease employment training authorized under

13 subsection (a).

14 (e) LIABILITY AND INDEMNIFICATION.—(1) A non15 profit organization participating in the demonstration

16 project shall—

17 (A) be liable for any loss or damage to Federal

18 Government property that may result from, or in con19 nection with, the provision of prerelease employment

20 training by the organization under the demonstration

21 project; and

22 (B) hold harmless and indemnify the United

23 States from and against any suit, claim, demand, ac24 tion, or liability arising out of any claim for personal
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1 injury or property damage that may result from or

2 in connection with the demonstration project.

3 (2) In any case in which the Secretary provides

4 prerelease employment training directly by agreement with

5 the State concerned, the State shall—

6 (A) be liable for any loss or damage to Federal

7 Government property that may result from, or in con8 nection with, the provision of the training except to

9 the extent that the loss or damage results from a

10 wrongful act or omission of Federal Government per11 sonnel; and

12 (B) hold harmless and indemnify the United

13 States from and against any suit, claim, demand, ac14 tion, or liability arising out of any claim for personal

15 injury or property damage that may result from, or

16 in connection with, the provision of the training ex17 cept to the extent that the personal injury or property

18 damage results from a wrongful act or omission of

19 Federal Government personnel.

20 (f) REPORT.—Not later than two years after the date

21 of the enactment of this Act, the Secretary shall submit to

22 Congress a report evaluating the success of the demonstra23 tion project and containing such recommendations with re24 gard to the termination, continuation, or expansion of the
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1 demonstration project as the Secretary considers appro2 priate.

3 Subtitle G—Discrimination and

4 Sexual Harassment

5 SEC. 1056. DEPARTMENT OF DEFENSE POLICIES AND PRO6 CEDURES ON DISCRIMINATION AND SEXUAL

7 HARASSMENT.

8 (a) MILITARY DEPARTMENT POLICIES.—(1) Subject to

9 paragraph (2), the Secretary of the Navy and the Secretary

10 of the Air Force shall review and revise the regulations of

11 the Department of the Navy and the Department of the Air

12 Force, respectively, relating to equal opportunity policy and

13 complaint procedures to ensure that the such regulations are

14 substantially equivalent to the regulations of the Army on

15 such matters.

16 (2) In revising regulations pursuant to paragraph (1),

17 the Secretary of the Navy or the Secretary of the Air Force,

18 as the case may be, may make such additions and modifica19 tions as the Secretary of Defense determines appropriate to

20 strengthen the regulations beyond the substantial equivalent

21 of the Army regulations in accordance with—

22 (A) the recommendations of the Department of

23 Defense Task Force on Discrimination and Sexual

24 Harassment; and
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1 (B) the experience of the Army, Navy, Air Force,

2 and Marine Corps regarding equal opportunity cases.

3 (3) The Secretary of the Army shall review the regula4 tions of the Department of the Army relating to equal op5 portunity policy and complaint procedures and revise the

6 regulations as the Secretary of Defense considers appro7 priate to strengthen the regulations in accordance with the

8 recommendations and experience described in subpara9 graphs (A) and (B) of paragraph (2).

10 (b) REQUIREMENTS REGARDING REPORT OF TASK

11 FORCE ON DISCRIMINATION AND SEXUAL HARASSMENT.—

12 (1) The Department of Defense Task Force on Discrimina13 tion and Sexual Harassment shall transmit the report of

14 the task force to the Secretary of Defense not later than Oc15 tober 1, 1994.

16 (2) The Secretary of Defense shall transmit to Congress

17 the report of the task force not later than October 10, 1994.

18 (3) Not later than 45 days after receiving the report,

19 the Secretary of Defense shall—

20 (A) review the recommendations for action con21 tained in such report;

22 (B) determine which recommendations the Sec23 retary approves for implementation and which rec24 ommendations the Secretary disapproves; and

25 (C) submit to Congress a report that—
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1 (i) identifies the approved recommendations

2 and the disapproved recommendations; and

3 (ii) explains the reasons for each such ap4 proval and disapproval.

5 (4) The Secretary of Defense shall implement the ap6 proved recommendations not later than April 1, 1995.

7 (c) The Advisory Board or the investigative capability

8 of the Department of Defense should consider and include

9 in its report—

10 (1) whether the Department of Defense should es11 tablish a separate unit to oversee all matters related

12 to allegations of discrimination or sexual misconduct

13 in the Department of Defense; and

14 (2) whether additional data collection and re15 porting procedures are needed to enhance the ability

16 of the Department of Defense to deal with sexual mis17 conduct.

18 (d) The Secretary of Defense shall ensure that regula19 tions governing consideration of equal opportunity matters

20 in performance evaluations include consideration of an in21 dividual’s commitment to elimination of discrimination or

22 of sexual harassment.
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1 Subtitle H—Other Matters

2 SEC. 1061. REDESIGNATION OF UNITED STATES COURT OF

3 MILITARY APPEALS AND THE COURTS OF

4 MILITARY REVIEW.

5 (a) UNITED STATES COURT OF APPEALS FOR THE

6 ARMED SERVICES.—Section 941 of title 10, United States

7 Code (article 141 of the Uniform Code of Military Justice),

8 is amended by striking out ‘‘United States Court of Mili9 tary Appeals’’ and inserting in lieu thereof ‘‘United States

10 Court of Appeals for the Armed Services’’.

11 (b) COURTS OF MILITARY CRIMINAL APPEALS.—Sec12 tion 866 of title 10, United States Code (article 66 of the

13 Uniform Code of Military Justice), is amended by striking

14 out ‘‘Court of Military Review’’ each place it appears and

15 inserting in lieu thereof ‘‘Court of Military Criminal Ap16 peals’’.

17 (c) CONFORMING AMENDMENTS TO TITLE 10.—(1) The

18 following sections of title 10, United States Code, are

19 amended by striking out ‘‘Court of Military Appeals’’ each

20 place it appears and inserting in lieu thereof ‘‘Court of Ap21 peals for the Armed Services’’: sections 707(a)(2), 866(e),

22 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and

23 946(b)(1).

24 (2) The following sections of title 10, United States

25 Code, are amended by striking out ‘‘Court of Military Re-
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1 view’’ each place it appears and inserting in lieu thereof

2 ‘‘Court of Military Criminal Appeals’’: sections 707(a)(2),

3 862(b), 867, 868, 869, 870, 871, and 873.

4 (3)(A) The heading of subchapter XII of chapter 47

5 of such title is amended to read as follows:

6 ‘‘SUBCHAPTER XII—UNITED STATES COURT OF

7 APPEALS FOR THE ARMED SERVICES’’.

8 (B) The table of subchapters at the beginning of chap9 ter 47 of such title is amended by striking out the item

10 relating to subchapter XII and inserting in lieu thereof the

11 following:

‘‘XII. United States Court of Appeals for the Armed Services ....... 941 141’’.

12 (4)(A) The heading of section 866 of such title is

13 amended to read as follows:

14 ‘‘§ 867. Art. 66. Review by Court of Military Criminal

15 Appeals’’.

16 (B) The heading of section 867 of such title is amended

17 to read as follows:

18 ‘‘§ 867. Art. 67. Review by the Court of Appeals for the

19 Armed Services’’.

20 (C) The table of sections at the beginning of subchapter

21 IX of chapter 47 of such title is amended by striking out

22 the items relating to sections 866 and 867 (articles 66 and

23 67) and inserting in lieu thereof the following:

‘‘866. 66. Review by Court of Military Criminal Appeals.

‘‘867. 67. Review by the Court of Appeals for the Armed Services.’’.
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1 (d) CONFORMING AMENDMENTS TO OTHER UNITED

2 STATES CODE TITLES.—(1) The following provisions of the

3 United States Code are amended by striking out ‘‘Court of

4 Military Appeals’’ each place it appears and inserting in

5 lieu thereof ‘‘Court of Appeals for the Armed Services’’:

6 (A) In title 5, sections 8334(a)(1), 8336(l),

7 8337(a), 8338(c), 8339(d)(7), and 8339(h) and the

8 table in 8334(c).

9 (B) In title 18, sections 202(e)(2) and 6001(4).

10 (C) In title 28, sections 1259 and 2101(g).

11 (D) In title 44, section 906.

12 (2)(A) The heading of section 1259 of title 28, United

13 States Code, is amended to read as follows:

14 ‘‘§ 1259. Court of Appeals for the Armed Services; cer15 tiorari’’.

16 (B) The table of sections at the beginning of chapter

17 81 of such title is amended by striking out the item relating

18 to section 1259 and inserting in lieu thereof the following:

‘‘1259. Court of Appeals for the Armed Services; certiorari.’’.

19 (e) CONFORMING AMENDMENT TO OTHER LAW.—Sec20 tion 109 of the Ethics in Government Act of 1978 (5 U.S.C.

21 App.) is amended by striking out ‘‘Court of Military Ap22 peals’’ each place it appears in paragraphs (8) and (10)

23 and inserting in lieu thereof ‘‘Court of Appeals for the

24 Armed Services’’.
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1 SEC. 1062. ASSISTANCE TO FAMILY MEMBERS OF CERTAIN

2 POW/MIAS WHO REMAIN UNACCOUNTED FOR.

3 (a) SINGLE POINT OF CONTACT.—The Secretary of De4 fense shall designate an official of the Department of De5 fense to serve as a single point of contact within the depart6 ment—

7 (1) for the immediate family members (or their

8 designees) of any unaccounted-for Korean conflict

9 POW/MIA; and

10 (2) for the immediate family members (or their

11 designees) of any unaccounted-for Cold War POW/

12 MIA.

13 (b) FUNCTIONS.—The official designated under sub14 section (a) shall serve as a liaison between the family mem15 bers of unaccounted-for Korean conflict POW/MIAs and un16 accounted-for Cold War POW/MIAs and the Department of

17 Defense and other Federal departments and agencies that

18 may hold information that may related to such POW/MIAs.

19 The functions of that official shall include assisting family

20 members—

21 (1) with the procedures the family may follow in

22 their search for information about the unaccounted23 for Korean conflict POW/MIA or unaccounted-for

24 Cold War POW/MIA, as the case may be;

25 (2) in learning where they may locate informa26 tion about the unaccounted-for POW/MIA; and
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1 (3) in learning how and where to identify classi2 fied records that contain pertinent information and

3 that will be declassified.

4 (c) ASSISTANCE IN OBTAINING DECLASSIFICATION.—

5 The official designated under subsection (a) shall seek to

6 obtain the rapid declassification of any relevant classified

7 records that are identified.

8 (d) REPOSITORY.—The official designated under sub9 section (a) shall provide for a centralized repository for all

10 documents relating to unaccounted-for Korean conflict

11 POW/MIAs and unaccounted-for Cold War POW/MIAs that

12 are located as a result of the official’s efforts.

13 (e) DEFINITIONS.—For purposes of this section:

14 (1) The term ‘‘unaccounted-for Korean conflict

15 POW/MIA’’ means a member of the Armed Forces or

16 civilian employee of the United States who, as a re17 sult of service during the Korean conflict, was at any

18 time classified as a prisoner of war or missing-in-ac19 tion or otherwise unaccounted for and whose person

20 or remains have not been returned to the United

21 States and who remains unaccounted for.

22 (2) The term ‘‘unaccounted-for Cold War POW/

23 MIA’’ means a member of the Armed Forces or civil24 ian employee of the United States who, as a result of

25 service during the period from September 2, 1945, to
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1 August 21, 1991, was at any time classified as a pris2 oner of war or missing-in-action or otherwise unac3 counted for and whose person or remains have not

4 been returned to the United States and who remains

5 unaccounted for.

6 (3) The term ‘‘Korean conflict’’ has the meaning

7 given such term in section 101(9) of title 38, United

8 States Code.

9 SEC. 1063. NATIONAL GUARD ASSISTANCE FOR CERTAIN

10 YOUTH AND CHARITABLE ORGANIZATIONS.

11 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Chapter 5

12 of title 32, United States Code, is amended by adding at

13 the end the following:

14 ‘‘§ 508. Assistance for certain youth and charitable or15 ganizations

16 ‘‘(a) AUTHORITY TO PROVIDE SERVICES.—Members

17 and units of the National Guard may provide the services

18 described in subsection (b) to an eligible organization in

19 conjunction with training required under this chapter in

20 any case in which—

21 ‘‘(1) the provision of such services does not ad22 versely affect the quality of that training or otherwise

23 interfere with the ability of a member or unit of the

24 National Guard to perform the military functions of

25 the member or unit;
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1 ‘‘(2) the services to be provided are not commer2 cially available, or any commercial entity that would

3 otherwise provide such services has approved, in writ4 ing, the provision of such services by the National

5 Guard;

6 ‘‘(3) National Guard personnel will enhance

7 their military skills as a result of providing such

8 services; and

9 ‘‘(4) the provision of the services will not result

10 in a significant increase in the cost of the training.

11 ‘‘(b) AUTHORIZED SERVICES.—The services authorized

12 to be provided under subsection (a) are as follows:

13 ‘‘(1) Ground transportation.

14 ‘‘(2) Air transportation in support of Special

15 Olympics.

16 ‘‘(3) Administrative support services.

17 ‘‘(4) Technical training services.

18 ‘‘(5) Emergency medical assistance and services.

19 ‘‘(6) Communications services.

20 ‘‘(7) Security services.

21 ‘‘(c) OTHER AUTHORIZED ASSISTANCE.—Facilities

22 and equipment of the National Guard, including military

23 property of the United States issued to the National Guard

24 and General Services Administration vehicles leased to the

25 National Guard, and General Services Administration ve-
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1 hicles leased to the Department of Defense, may be used in

2 connection with providing services to any eligible organiza3 tion under this section.

4 ‘‘(d) ELIGIBLE ORGANIZATIONS.—The organizations

5 eligible to receive services under this section are as follows:

6 ‘‘(1) The Boy Scouts of America.

7 ‘‘(2) The Girl Scouts of America.

8 ‘‘(3) The Boys Clubs of America.

9 ‘‘(4) The Girls Clubs of America.

10 ‘‘(5) The Young Men’s Christian Association.

11 ‘‘(6) The Young Women’s Christian Association.

12 ‘‘(7) The Civil Air Patrol.

13 ‘‘(8) The United States Olympic Committee.

14 ‘‘(9) The Special Olympics.

15 ‘‘(10) The Campfire Boys.

16 ‘‘(11) The Campfire Girls.

17 ‘‘(12) The 4–H Club.

18 ‘‘(13) The Police Athletic League.

19 ‘‘(14) Any other youth or charitable organization

20 designated by the Secretary of Defense.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of such chapter is amended by adding at the

23 end the following:

‘‘508. Assistance for certain youth and charitable organizations.’’.
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1 SEC. 1064. DEFENSE MAPPING AGENCY.

2 (a) UNAUTHORIZED USE OF NAME.—Chapter 167 of

3 title 10, United States Code, is amended by adding at the

4 end the following new section:

5 ‘‘§ 2798. Unauthorized use of Defense Mapping Agency

6 name, initials, or seal

7 ‘‘(a) No person may, except with the written permis8 sion of the Secretary of Defense, knowingly use the words

9 ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of

10 the Defense Mapping Agency, or any colorable imitation of

11 such words, initials, or seal in connection with any mer12 chandise, retail product, impersonation, solicitation or

13 commercial activity in a manner reasonably calculated to

14 convey the impression that such use is approved, endorsed,

15 or authorized by the Secretary of Defense.

16 ‘‘(b) Whenever it appears to the Attorney General that

17 any person is engaged or about to engage in an act or prac18 tice which constitutes or will constitute conduct prohibited

19 by subsection (a), the Attorney General may initiate a civil

20 proceeding in a district court of the United States to enjoin

21 such act or practice. Such court shall proceed as soon as

22 practicable to hearing and determination of such action

23 and may, at any time before such final determination, enter

24 such restraining orders or prohibitions, or take such other

25 action as is warranted, to prevent injury to the United
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1 States or to any person or class of persons for whose protec2 tion the action is brought.’’.

3 (b) LIMITATION ON LIABILITY RELATING TO NAVIGA4 TIONAL AIDS.—Chapter 167 of such title, as amended by

5 subsection (a), is further amended by adding at the end the

6 following new section:

7 ‘‘§ 2799. Civil actions barred

8 ‘‘(a) CLAIMS BARRED.—No civil action may be

9 brought against the United States on the basis of the content

10 of a navigational aid prepared or disseminated by the De11 fense Mapping Agency.

12 ‘‘(b) NAVIGATIONAL AIDS COVERED.—Subsection (a)

13 applies with respect to a navigational aid in the form of

14 a map, a chart, or a publication and any other form or

15 medium of product or information in which the Defense

16 Mapping Agency prepares or disseminates navigational

17 aids.’’.

18 (c) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such chapter is amended by adding at the

20 end the following new item:

‘‘2798. Unauthorized use of Defense Mapping Agency name, initials, or seal.

‘‘2799. Civil actions barred.’’.

21 (d) EFFECTIVE DATE.—Section 2799 of title 10, Unit22 ed States Code, as added by subsection (b), shall take effect

23 on the date of the enactment of this Act and shall apply

24 with respect to (1) civil actions brought before such date
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1 that are pending adjudication on such date, and (2) civil

2 actions brought on or after such date.

3 SEC. 1065. TRANSFER OF NAVAL VESSELS TO BRAZIL.

4 (a) AUTHORITY.—The Secretary of the Navy is author5 ized to transfer to the Government of Brazil the ‘‘KNOX’’

6 class frigates, MILLER (FF 1091) and VALDEZ (FF

7 1096). Such transfers shall be on a lease basis under chapter

8 6 of the Arms Export Control Act (22 U.S.C. 2796 et seq.).

9 (b) WAIVER OF REQUIREMENTS FOR NOTIFICATION TO

10 CONGRESS.—Section 62 of the Arms Export Control Act

11 does not apply with respect to a lease authorized by sub12 section (a), except that section 62 of such Act shall apply

13 to any renewal of the lease.

14 (c) COSTS OF TRANSFERS.—Any expense of the United

15 States in connection with a transfer authorized by sub16 section (a) shall be charged to the Government of Brazil.

17 (d) EXPIRATION OF AUTHORITY.—The authority

18 granted by subsection (a) shall expire at the end of the 2-

19 year period beginning on the date of the enactment of this

20 Act, except that leases entered into during that period may

21 be renewed.

22 SEC. 1066. TRANSFERS OF M1A1 TANKS TO THE MARINE

23 CORPS.

24 (a) TRANSFER REQUIRED.—Subject to subsection (b),

25 as M1A1 tanks of the Army become excess to the require-
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1 ments of the active component of the Army, the Secretary

2 of the Army shall transfer to the Marine Corps, at no ex3 pense to the Army, as many of such tanks as are necessary

4 to satisfy the requirements of the Marine Corps for tanks,

5 as determined by the Secretary of Defense.

6 (b) TRANSFER LIMITS.—The Secretary of the Army

7 shall transfer under subsection (a) 84 M1A1 tanks selected

8 by the Secretary of the Army.

9 (c) EXCLUSION OF CERTAIN TRANSFERS.—If any of

10 the tanks transferred under subsection (a) are transferred

11 to the Marine Corps Reserve, the number of tanks not in

12 excess of 48 that are so transferred shall not be counted for

13 purposes of subsection (b).

14 (d) LIMITATION ON TRANSFERS TO ARMY NATIONAL

15 GUARD.—After the date of the enactment of this Act, the

16 Secretary of the Army shall transfer not more than one

17 M1A1 tank to the National Guard for each M1A1 tank

18 transferred to the Marine Corps until the Secretary has

19 transferred the total number of tanks required in subsection

20 (b). The tanks transferred to the Marine Corps shall be in

21 a material condition comparable to the material condition

22 of the tanks transferred to the National Guard.
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1 (e) TREATMENT OF CERTAIN TRANSFERRED TANKS

2 UNDER LIMITATIONS.—The transfer of a tank under section

3 112 shall not be counted for purposes of subsection (a), (b),

4 (c), or (d).

5 SEC. 1067. LIMITATION REGARDING MERGER OF TELE6 COMMUNICATIONS SYSTEMS.

7 (a) LIMITATION.—Funds available to the Department

8 of Defense may not be expended to merge defense tele9 communications systems with the telecommunications sys10 tem known as ‘‘FTS–2000’’ or with any other civil tele11 communications system until—

12 (1) the Secretary of Defense submits to the con13 gressional defense committees a report containing—

14 (A) a certification by the Secretary that the

15 merged telecommunications systems, including

16 the associated services, will provide assured, se17 cure telecommunications support for Department

18 of Defense activities; and

19 (B) a description of how the merger of the

20 systems will be implemented and the merged sys21 tems will be managed to meet defense informa22 tion infrastructure requirements, including re23 quirements to support deployed forces and intel24 ligence activities; and
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1 (2) 30 days elapse after the date on which such

2 report is received by the committees.

3 (b) DEFENSE TELECOMMUNICATIONS ACTIVITY DE4 FINED.—In this section, the term ‘‘defense telecommuni5 cations system’’ means a system of telecommunications

6 equipment and services that, pursuant to section 2315 of

7 title 10, United States Code, is exempt from the require8 ments of section 111 of the Federal Property and Adminis9 trative Services Act of 1949.

10 SEC. 1068. ACQUISITION OF STRATEGIC SEALIFT SHIPS.

11 (a) AMOUNT FOR SHIPBUILDING AND CONVERSION.—

12 Notwithstanding section 102(3), there is hereby authorized

13 to be appropriated for the Navy for fiscal year 1995,

14 $5,532,007,000 for procurement for shipbuilding and con15 version.

16 (b) NATIONAL DEFENSE SEALIFT FUND.—Notwith17 standing section 302(2), there is hereby authorized to be ap18 propriated for the Armed Forces and other activities and

19 agencies of the Department of Defense $828,600,000 for pro20 viding capital for the National Defense Sealift Fund.

21 SEC. 1069. REQUIREMENT FOR SECRETARY OF DEFENSE TO

22 SUBMIT RECOMMENDATIONS ON CERTAIN

23 PROVISIONS OF LAW CONCERNING MISSING

24 PERSONS.

25 (a) FINDINGS.—Congress makes the following findings:
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1 (1) The families of American personnel who be2 came prisoners of war or missing in action while

3 serving in the Armed Forces of the United States and

4 national veterans organizations have expressed con5 cern to Congress for several years regarding provi6 sions of chapter 10 of title 37, United States Code, re7 lating to missing persons, that authorize the Secretar8 ies of the military departments to declare missing

9 Armed Forces personnel dead based solely on the pas10 sage of time.

11 (2) Proposed legislation concerning revisions to

12 those provisions of law has been pending before Con13 gress for several years.

14 (3) It is important for Congress to obtain the

15 views of the Secretary of Defense with respect to the

16 appropriateness of revising those provisions of law be17 fore acting further on proposed amendments to such

18 provisions.

19 (b) RECOMMENDATIONS REQUIRED.—Not later than

20 180 days after the date of the enactment of this Act, the

21 Secretary of Defense, in consultation with the Secretaries

22 of the military departments, the national POW/MIA family

23 organizations, and the national veterans organizations,

24 shall—
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1 (1) conduct a review of the provisions of chapter

2 10 of title 37, United States Code, relating to missing

3 persons; and

4 (2) submit to Congress the Secretary’s rec5 ommendations as to whether those provisions of law

6 should be amended.

7 SEC. 1070. CONTACT BETWEEN THE DEPARTMENT OF DE8 FENSE AND THE MINISTRY OF NATIONAL DE9 FENSE OF CHINA ON POW/MIA ISSUES.

10 (a) FINDINGS.—Congress makes the following findings:

11 (1) The Select Committee on POW/MIA Affairs

12 of the Senate concluded in its final report, dated Jan13 uary 13, 1993, that ‘‘many American POW’s had

14 been held in China during the Korean conflict and

15 that foreign POW camps in both China and North

16 Korea were run by Chinese officials’’ and, further,

17 that ‘‘given the fact that only 26 Army and 15 Air

18 Force personnel returned from China following the

19 war, the committee can now firmly conclude that the

20 People’s Republic of China surely has information on

21 the fate of other unaccounted for American POW’s

22 from the Korean conflict.’’.

23 (2) The Select Committee on POW/MIA Affairs

24 recommended in such report that ‘‘the Department of
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1 State and Defense form a POW/MIA task force on

2 China similar to Task Force Russia.’’.

3 (3) Neither the Department of Defense nor the

4 Department of State has held substantive discussions

5 with officials from the People’s Republic of China

6 concerning unaccounted for American prisoners of

7 war of the Korean conflict.

8 (b) SENSE OF CONGRESS.—It is the sense of Congress

9 that the Secretary of Defense should establish contact with

10 officials of the Ministry of Defense of the People’s Republic

11 of China regarding unresolved issues relating to American

12 prisoners of war and American personnel missing in action

13 as a result of the Korean conflict.

14 SEC. 1071. DISCLOSURE OF INFORMATION CONCERNING

15 UNACCOUNTED FOR UNITED STATES PER16 SONNEL FROM THE KOREAN CONFLICT, AND

17 THE COLD WAR.

18 Section 1082 of the National Defense Authorization

19 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

20 50 U.S.C. 401 note) is amended—

21 (1) in subsection (a), by striking out paragraph

22 (2) and inserting in lieu thereof the following:

23 ‘‘(2) Paragraph (1) applies to any record, live-sighting

24 report, or other information in the custody of the official

25 custodian referred to in subsection (d)(3) that may pertain
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1 to the location, treatment, or condition of (i) United States

2 personnel who remain not accounted for as a result of serv3 ice in the Armed Forces of the United States or other Fed4 eral Government service during the Korean conflict, the

5 Vietnam era, or the Cold War, or (ii) their remains.’’;

6 (2) in subsection (c)—

7 (A) by striking out the first sentence in

8 paragraph (1) and inserting in lieu thereof the

9 following: ‘‘In the case of records or other infor10 mation originated by the Department of Defense,

11 the official custodian shall make such records

12 and other information available to the public

13 pursuant to this section not later than Septem14 ber 30, 1995.’’;

15 (B) in paragraph (2), by striking out ‘‘after

16 March 1, 1992,’’; and

17 (C) in paragraph (3), by striking out ‘‘a

18 Vietnam-era POW/MIA who may still be alive in

19 Southeast Asia,’’ and inserting in lieu thereof

20 ‘‘any United States personnel referred to in sub21 section (a)(2) who remain not accounted for but

22 who may still be alive in captivity,’’;

23 (3) by striking out subsection (d) and inserting

24 in lieu thereof the following:

25 ‘‘(d) DEFINITIONS.—For purposes of this section:
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1 ‘‘(1) The terms ‘Korean conflict’ and ‘Vietnam

2 era’ have the meanings given those terms in section

3 101 of title 38, United States Code.

4 ‘‘(2) The term ‘Cold War’ shall have the meaning

5 determined by the Secretary of Defense.

6 ‘‘(3) The term ‘official custodian’ means—

7 ‘‘(A) in the case of records, reports, and in8 formation relating to the Korean conflict or the

9 Cold War, the Archivist of the United States;

10 and

11 ‘‘(B) in the case of records, reports, and in12 formation relating to the Vietnam era, the Sec13 retary of Defense.’’; and

14 (4) by striking out the section heading and in15 serting in lieu thereof the following new section head16 ing:

17 ‘‘SEC. 1082. DISCLOSURE OF INFORMATION CONCERNING

18 UNACCOUNTED FOR UNITED STATES PER19 SONNEL OF THE COLD WAR, THE KOREAN

20 CONFLICT, AND THE VIETNAM ERA.’’.

21 SEC. 1072. REQUIREMENT FOR CERTIFICATION BY SEC22 RETARY OF DEFENSE CONCERNING DECLAS23 SIFICATION OF VIETNAM-ERA POW/MIA

24 RECORDS.

25 (a) FINDINGS.—Congress makes the following findings:
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1 (1) The Senate, by Senate Resolution 324, 102d

2 Congress, 2d session, agreed to on July 2, 1992,

3 unanimously requested the President to ‘‘expeditiously

4 issue an Executive Order requiring all executive

5 branch departments and agencies to declassify and

6 publicly release without compromising United States

7 national security all documents, files, and other mate8 rials pertaining to POW’s and MIA’s.’’.

9 (2) The President, in an executive order dated

10 July 22, 1992, ordered declassification of all United

11 States Government documents, files, and other mate12 rials pertaining to American personnel who became

13 prisoners of war or missing in action in Southeast

14 Asia.

15 (3) The President stated on Memorial Day of

16 1993 that all such documents, files, and other mate17 rials pertaining to the personnel covered by that exec18 utive order should be declassified by Veterans Day of

19 1993.

20 (4) The President declared on Veterans Day of

21 1993 that all such documents, files, and other mate22 rials had been declassified.

23 (5) Nonetheless, since that Veterans Day declara24 tion in 1993, there have been found still classified

25 more United States Government documents, files, and
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1 other materials pertaining to American personnel

2 who became prisoners of war or missing in action in

3 Southeast Asia.

4 (b) REVIEW AND CERTIFICATION.—Not later than 60

5 days after the date of the enactment of this Act, the Sec6 retary of Defense shall—

7 (1) conduct a review to determine whether there

8 continue to exist in classified form documents, files,

9 or other materials pertaining to American personnel

10 who became prisoners of war or missing in action in

11 Southeast Asia that should be declassified in accord12 ance with Senate Resolution 324, 102d Congress, 2d

13 session, agreed to on July 2, 1992, and the executive

14 order of July 22, 1992; and

15 (2) certify to Congress that all documents, files,

16 and other materials pertaining to such personnel have

17 been declassified and specify in the certification the

18 date on which the declassification was completed.

19 SEC. 1073. INFORMATION CONCERNING UNACCOUNTED

20 FOR UNITED STATES PERSONNEL OF THE

21 VIETNAM CONFLICT.

22 Not later than 45 days after the date of the enactment

23 of this Act, the Secretary of Defense shall submit to Congress

24 the following information pertaining to United States per-
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1 sonnel involved in the Vietnam conflict that remain not ac2 counted for:

3 (1) A complete listing by name of all such per4 sonnel about whom it is possible that officials of the

5 Socialist Republic of Vietnam can produce additional

6 information or remains that could lead to the maxi7 mum possible accounting for those personnel, as deter8 mined on the basis of all information available to the

9 United States Government.

10 (2) A complete listing by name of all such per11 sonnel about whom it is possible that officials of the

12 Lao People’s Democratic Republic can produce addi13 tional information or remains that could lead to the

14 maximum possible accounting for those personnel, as

15 determined on the basis of all information available

16 to the United States Government.

17 SEC. 1074. REPORT ON POW/MIA MATTERS CONCERNING

18 NORTH KOREA.

19 (a) FINDINGS.—Congress makes the following findings:

20 (1) The Select Committee on POW/MIA Affairs

21 of the Senate concluded in its final report, dated Jan22 uary 13, 1994, that ‘‘it is likely that a large number

23 of possible MIA remains can be repatriated and sev24 eral records and documents on unaccounted for

25 POW’s and MIA’s can be provided from North Korea
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1 once a joint working level commission is set up under

2 the leadership of the United States.’’.

3 (2) The Select Committee recommended in such

4 report that ‘‘the Departments of State and Defense

5 take immediate steps to form this commission through

6 the United Nations Command at Panmunjom, Korea’’

7 and that the ‘‘commission should have a strictly hu8 manitarian mission and should not be tied to politi9 cal developments on the Korean peninsula.’’.

10 (3) In August 1993, the United States and North

11 Korea entered into an agreement concerning the repa12 triation of remains of United States personnel.

13 (4) The establishment of a joint working level

14 commission with North Korea could enhance the pros15 pects for results under the August 1993 agreement.

16 (b) REPORT.—The Secretary of Defense shall—

17 (1) at the end of January, May, and September

18 of 1995, submit a report to Congress on the status of

19 efforts to obtain information from North Korea con20 cerning United States personnel involved in the Ko21 rean conflict who remain not accounted for and to ob22 tain from North Korea any remains of such person23 nel; and

24 (2) actively seek to establish a joint working level

25 commission with North Korea, consistent with the rec-
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1 ommendations of the Select Committee on POW/MIA

2 Affairs of the Senate set forth in the final report of

3 the committee, dated January 13, 1993, to resolve the

4 remaining issues relating to United States personnel

5 who became prisoners of war or missing in action

6 during the Korean conflict.

7 SEC. 1075. ELIMINATION OF DISPARITY BETWEEN EFFEC8 TIVE DATES FOR MILITARY AND CIVILIAN RE9 TIREE COST-OF-LIVING ADJUSTMENTS FOR

10 FISCAL YEAR 1995.

11 (a) IN GENERAL.—The fiscal year 1995 increase in

12 military retired pay shall (notwithstanding subparagraph

13 (B) of section 1401a(b)(2) of title 10, United States Code)

14 first be payable as part of such retired pay for the month

15 of March 1995.

16 (b) DEFINITIONS.—For the purposes of subsection (a):

17 (1) The term ‘‘fiscal year 1995 increase in mili18 tary retired pay’’ means the increase in retired pay

19 that, pursuant to paragraph (1) of section 1401a(b)

20 of title 10, United States Code, becomes effective on

21 December 1, 1994.

22 (2) The term ‘‘retired pay’’ includes retainer

23 pay.

24 (c) LIMITATION.—Subsection (a) shall be effective only

25 if there is appropriated to the Department of Defense Mili-
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1 tary Retirement Fund (in an Act making appropriations

2 for the Department of Defense for fiscal year 1995 that is

3 enacted before March 1, 1995) such amount as is necessary

4 to offset increased outlays to be made from that fund during

5 fiscal year 1995 by reason of the provisions of subsection

6 (a).

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated for fiscal year 1995 to the

9 Department of Defense Military Retirement Fund the sum

10 of $376,000,000 to offset increased outlays to be made from

11 that fund during fiscal year 1995 by reason of the provi12 sions of subsection (a).

13 SEC. 1076. MILITARY RECRUITING ON CAMPUS.

14 (a) DENIAL OF FUNDS.—(1) No funds available to the

15 Department of Defense may be provided by grant or con16 tract to any institution of higher education that has a pol17 icy of denying, or which effectively prevents, the Secretary

18 of Defense from obtaining for military recruiting pur19 poses—

20 (A) entry to campuses or access to students on

21 campuses; or

22 (B) access to directory information pertaining to

23 students.

24 (2) Students referred to in paragraph (1) are individ25 uals who are 17 years of age or older.
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1 (b) PROCEDURES FOR DETERMINATION.—The Sec2 retary of Defense, in consultation with the Secretary of

3 Education, shall prescribe regulations that contain proce4 dures for determining if and when an educational institu5 tion has denied or prevented access to students or informa6 tion described in subsection (a).

7 (c) DEFINITION.—For purposes of this section, the

8 term ‘‘directory information’’ means, with respect to a stu9 dent, the student’s name, address, telephone listing, date

10 and place of birth, level of education, degrees received, and

11 the most recent previous educational institution enrolled in

12 by the student.

13 SEC. 1077. STUDY ON CONVERGENCE OF GEOSAT AND EOS

14 ALTIMETRY PROGRAMS.

15 (a) REQUIREMENT.—The Secretary of the Navy and

16 the Administrator of the National Aeronautics and Space

17 Administration shall jointly conduct a study on the conver18 gence of the National Aeronautics and Space Administra19 tion Earth Observing System Altimetry mission with the

20 Navy Geosat Follow-On program. The study shall assess

21 whether a converged system, which may involve minor

22 modifications to the Geosat Follow-On satellite, could—

23 (1) satisfy the needs of the Earth Observing Sys24 tem program for altimetry data;
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1 (2) reduce the expenses of the National Aero2 nautics and Space Administration in satisfying such

3 needs;

4 (3) be available in time to serve as the follow-on

5 to the Topex/Poseidon mission; and

6 (4) continue to meet the requirements of the

7 Navy for altimetry data at no additional cost to the

8 Navy.

9 (b) CONSULTATION.—In concluding the study, the Sec10 retary and the Administrator shall consult with appro11 priate members of the scientific community.

12 (c) REPORT.—The Secretary and the Administrator

13 shall submit to the Committees on Armed Services, Com14 merce, Science, and Transportation and the Committees on

15 Armed Services and Science, Space, and Technology of the

16 House of Representatives a report on the results of the study

17 conducted under subsection (a), together with the rec18 ommendations of the Secretary and the Administrator

19 thereon. The Secretary and the Administrator shall submit

20 not later than February 15, 1995.

21 SEC. 1078. VISAS FOR OFFICIALS OF TAIWAN.

22 Section 4(b)(6) of the Taiwan Relations Act (22 U.S.C.

23 3302(b)(6)) is amended—

24 (1) by inserting ‘‘(A)’’ immediately after ‘‘(6)’’;

25 and
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1 (2) by adding at the end the following:

2 ‘‘(B) Whenever the president of Taiwan or any

3 other high-level official of Taiwan shall apply to visit

4 the United States for the purposes of discussions with

5 United States Federal or State government officials

6 concerning:

7 ‘‘(i) Trade or business with Taiwan that

8 will reduce the United States-Taiwan trade defi9 cit;

10 ‘‘(ii) Prevention of nuclear proliferation;

11 ‘‘(iii) Threats to the national security of the

12 United States;

13 ‘‘(iv) The protection of the global environ14 ment;

15 ‘‘(v) The protection of endangered species;

16 or

17 ‘‘(vi) Regional humanitarian disasters.

18 The official shall be admitted to the United States,

19 unless the official is otherwise excludable under the

20 immigration laws of the United States.’’.

21 SEC. 1079. SENSE OF THE SENATE CONCERNING PARTICIPA22 TION IN ALLIED DEFENSE COOPERATION.

23 It is the sense of the Senate that the President should

24 use existing authorities to the greatest extent possible to au25 thorize the provision of the following types of assistance and
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1 cooperation to countries like Poland, Hungary and the

2 Czech Republic who are making significant progress in

3 working with NATO—

4 (1) Excess defense articles as defined in the For5 eign Assistance Act of 1961 and the Arms Control Ex6 port Act;

7 (2) Loan materials, supplies and equipment for

8 research and development purposes;

9 (3) Leases and loans of major defense equipment

10 and other defense articles;

11 (4) Cooperative military airlift agreements;

12 (5) The procurement of communications support

13 and related supplies and services;

14 (6) Actions to standardize equipment with North

15 Atlantic Treaty Organization members.

16 SEC. 1080. INTERAGENCY PLACEMENT PROGRAM FOR FED17 ERAL EMPLOYEES AFFECTED BY REDUCTION

18 IN FORCE ACTIONS.

19 (a) STUDY AND REPORT.—(1) No later than 6 months

20 after the date of the enactment of this Act, the Office of Per21 sonnel Management, in consultation with the Department

22 of Defense, shall conduct a study and submit a report to

23 the Congress on—
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1 (A) the feasibility of establishing a mandatory

2 interagency placement program for Federal employees

3 affected by reduction in force actions; and

4 (B) any action taken by the Office of Personnel

5 Management under subsection (b).

6 (2) In conducting the study under this section, the Of7 fice of Personnel Management, in consultation with the De8 partment of Defense, shall seek comments from all Federal

9 agencies.

10 (b) AGREEMENTS TO ESTABLISH INTERAGENCY

11 PLACEMENT PROGRAM.—(1) If, during the 6-month period

12 after the date of the enactment of this Act, the Office of Per13 sonnel Management, in consultation with the Department

14 of Defense, determines that a Government-wide interagency

15 placement program for Federal employees affected by reduc16 tion in force actions is feasible, the Office of Personnel Man17 agement may enter into an agreement with each agency

18 that agrees to participate, to establish such a program. A

19 program established under this subsection shall not be re20 quired to be an interagency placement program as defined

21 under subsection (c)(3).

22 (2) If the Office of Personnel Management makes a de23 termination to establish a program as provided under para24 graph (1), the Office shall include in the report submitted

25 under subsection (a) each agency that decides not to partici-
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1 pate in the program and the reasons of the agency for the

2 decision.

3 (c) DEFINITIONS.—For purposes of this section—

4 (1) the term ‘‘agency’’ means an ‘‘Executive

5 agency’’ as defined under section 105 of title 5, Unit6 ed States Code, and—

7 (A) includes the United States Postal Serv8 ice and the Postal Rate Commission; and

9 (B) does not include the General Accounting

10 Office;

11 (2) the term ‘‘Federal employees affected by re12 duction in force actions’’ means Federal employees

13 who—

14 (A) are scheduled to be separated from serv15 ice under a reduction in force pursuant to—

16 (i) regulations prescribed under section

17 3502 of title 5, United States Code; or

18 (ii) procedures established under sec19 tion 3595 of title 5, United States Code; or

20 (B) are separated from service under such a

21 reduction in force; and

22 (3) the term ‘‘interagency placement program’’

23 means a program that provides a system to require

24 the offer of a position in an agency to an employee
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1 of another agency affected by a reduction in force ac2 tion, if—

3 (A) the position cannot be filled through a

4 placement program of the agency in which the

5 position is located;

6 (B) the employee to whom the offer is made

7 is well qualified for the offered position;

8 (C)(i) the classification of the offered posi9 tion is equal to the classification of the employ10 ee’s present or last held position; or

11 (ii) the basic rate of pay of the offered posi12 tion is equal to the basic rate of pay of the em13 ployee’s present or last held position; and

14 (D) the geographic location of the offered

15 position is within the commuting area of—

16 (i) the residence of the employee; or

17 (ii) the location of the employee’s

18 present or last held position.

19 SEC. 1081. GEORGE C. MARSHALL EUROPEAN CENTER FOR

20 SECURITY STUDIES.

21 (a) USE OF CONTRIBUTIONS.—Funds received by the

22 United States Government from the Federal Republic of

23 Germany as its fair share of the costs of the George C. Mar24 shall European Center for Security Studies shall be credited

25 to appropriations available to the Department of Defense
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1 for the George C. Marshall European Center for Security

2 Studies. Funds so credited shall be merged with the appro3 priations to which credited and shall be available for the

4 Center for the same purposes and the same period as the

5 appropriations with which merged.

6 (b) WAIVER OF CHARGES.—(1) The Secretary of De7 fense may waive reimbursement of the costs of conferences,

8 seminars, courses of instruction, or similar educational ac9 tivities of the George C. Marshall European Center for Se10 curity Studies for military officers and civilian officials of

11 cooperation partner states of the North Atlantic Coopera12 tion Council or the Partnership for Peace if the Secretary

13 determines that attendance by such personnel without reim14 bursement is in the national security interest of the United

15 States.

16 (2) Costs for which reimbursement is waived pursuant

17 to paragraph (1) shall be paid from appropriations avail18 able for the Center.

19 SEC. 1082. CHANGES IN NOTICE REQUIREMENTS UPON

20 PENDING OR ACTUAL TERMINATION OF DE21 FENSE PROGRAMS.

22 (a) TIME FOR NOTICE REQUIREMENT AFTER SUBMIS23 SION OF BUDGET.—Subsection (a) of section 4471 of the

24 Defense Conversion, Reinvestment, and Transition Assist-
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1 ance Act of 1992 (division D of Public Law 102–484; 106

2 Stat. 2753; 10 U.S.C. 2501 note) is amended—

3 (1) by striking out ‘‘As soon as reasonably prac4 ticable’’ and inserting in lieu thereof ‘‘Not later than

5 90 days’’; and

6 (2) by striking out ‘‘and not more than 180 days

7 after such date,’’.

8 (b) TIME FOR NOTICE REQUIREMENT AFTER ENACT9 MENT OF APPROPRIATIONS ACT.—Subsection (b) of such

10 section is amended—

11 (1) by striking out ‘‘as soon as reasonably prac12 ticable’’ and inserting in lieu thereof ‘‘not later than

13 90 days’’; and

14 (2) by striking out ‘‘and not more than 180 days

15 after such date,’’.

16 (c) TIME FOR NOTICE REQUIREMENT ON WITH17 DRAWAL OF NOTIFICATION.—Subsection (f)(1) of such sec18 tion is amended in the second sentence by striking out ‘‘as

19 soon as reasonably practicable’’ and inserting in lieu there20 of ‘‘not later than 90 days’’.

21 SEC. 1083. TRANSFER OF OBSOLETE VESSEL GUADAL22 CANAL.

23 (a) AUTHORITY.—Notwithstanding subsections (a)

24 and (d) of section 7306 of title 10, United States Code, but

25 subject to subsections (b) and (c) of that section, upon the
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1 decommissioning of the USS Guadalcanal (LPH 7), the

2 Secretary of the Navy may transfer the Guadalcanal to the

3 not-for-profit organization Intrepid Museum Foundation,

4 New York, New York.

5 (b) LIMITATIONS.—The transfer authorized by section

6 (a) may be made only if the Secretary determines that the

7 vessel Guadalcanal is of no further use to the United States

8 for national security purposes.

9 (c) TERMS AND CONDITIONS.—The Secretary may re10 quire such terms and conditions in connection with the

11 transfer authorized by this section as the Secretary consid12 ers appropriate.

13 SEC. 1084. STUDY OF SPOUSAL ABUSE INVOLVING ARMED

14 FORCES PERSONNEL.

15 (a) FINDINGS.—Congress makes the following findings:

16 (1) The Department of Defense has sponsored

17 several highly successful programs designed to curtail

18 spousal abuse.

19 (2) The readiness of the Armed Forces would be

20 enhanced by eliminating all forms of spousal abuse

21 involving members of the Armed Forces.

22 (3) Available data on the frequency and causes

23 of spousal abuse involving members of the Armed

24 Forces is not comprehensive for the Armed Forces.
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1 (b) STUDY AND REPORT REQUIRED.—Not later than

2 180 days after the date of the enactment of this Act, the

3 Secretary of Defense shall conduct a study on spousal abuse

4 involving members of the Armed Forces of the United States

5 and submit to Congress a report on the results of the study.

6 (c) CONTENT OF REPORT.—The report shall contain

7 the following matters:

8 (1) The frequency of spousal abuse involving

9 members of the Armed Forces.

10 (2) A discussion of the possible causes of such

11 spousal abuse.

12 (3) A discussion of the procedures followed in re13 sponding to incidents of such spousal abuse.

14 (4) An analysis of the effectiveness of those proce15 dures.

16 (5) A review of the existing programs for curtail17 ing such spousal abuse.

18 (6) A strategy for the entire Armed Forces for

19 curtailing spousal abuse involving members of the

20 Armed Forces.
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1 SEC. 1085. REVIEW OF THE PROCEDURES USED BY DEPART2 MENT OF DEFENSE INVESTIGATIVE ORGANI3 ZATIONS WHEN CONDUCTING AN INVESTIGA4 TION INTO THE DEATH OF A MEMBER OF THE

5 ARMED FORCES WHO, WHILE SERVING ON AC6 TIVE DUTY, DIED FROM A CAUSE DETER7 MINED TO BE SELF-INFLICTED.

8 SENSE OF CONGRESS.—It is the Sense of Congress

9 that, upon receipt of the report required by section 1185

10 of the National Defense Authorization Act for Fiscal Year

11 1994, the Senate Committee on Armed Services should re12 view that report and hold hearings related to the procedures

13 employed by Department of Defense investigative organiza14 tions when conducting an investigation into the death of

15 a member of the Armed Services who, while serving on ac16 tive duty, died from a cause determined to be self-inflicted.

17 SEC. 1086. PUBLIC EDUCATION FACILITY OF THE ARMED

18 FORCES INSTITUTE OF PATHOLOGY.

19 (a) PURPOSE.—It is the purpose of this section to—

20 (1) display and interpret the collections of the

21 Armed Forces Institute of Pathology currently located

22 at Walter Reed Medical Center; and

23 (2) designate a site for the relocation of the pub24 lic education facility of the Armed Forces Institute of

25 Pathology so that it may serve as a central resource
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1 of instruction about the critical health issues which

2 confront all American citizens.

3 (b) SITE OF FACILITY.—The public education facility

4 of Armed Forces Institute of Pathology shall be located on

5 or near the Mall on land owned by the Federal Government

6 or the District of Columbia in the District of Columbia.

7 (c) RULE OF CONSTRUCTION.—Nothing in this section

8 shall be construed as limiting the authority or responsibil9 ities of the National Capital Planning Commission or the

10 Commission of Fine Arts.

11 (d) DEFINITION.—As used in this section, the term

12 ‘‘the Mall’’ means—

13 (1) the land designated as ‘‘Union Square’’,

14 United States Reservation 6A; and

15 (2) the land designated as the ‘‘Mall’’, United

16 States Reservations 3, 4, 5, and 6.

17 (e) SENSE OF THE CONGRESS.—

18 (1) FINDINGS.—Congress finds that—

19 (A) the National Museum of Health and

20 Medicine Foundation, Inc. (a private, nonprofit

21 organization having for its primary purpose the

22 relocation to the Mall and revitalization of the

23 National Museum of Health and Medicine), the

24 Armed Forces Institute of Pathology, and the

25 Public Health Service have jointly supported
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1 planning to relocate the Museum to a site on

2 land that is located east of and adjacent to the

3 Hubert H. Humphrey Building (100 Independ4 ence Avenue, Southwest, in the District of Co5 lumbia); and

6 (B) the National Museum of Health and

7 Medicine Foundation, Inc., is deserving of the

8 encouragement and support of the American peo9 ple in its effort to relocate the National Museum

10 of Health and Medicine to a site on land the is

11 located east of and adjacent to the Hubert H.

12 Humphrey Building, and in its effort to raise

13 funds for a revitalized Museum to inspire in14 creasing numbers of Americans to lead healthy

15 lives through improved public understanding of

16 health and the medical sciences.

17 (2) LOCATION.—It is the sense of the Congress

18 that, subject to appropriate approvals by the National

19 Capital Planning Commission and the Commission of

20 Fine Arts, the National Museum of Health and Medi21 cine should be relocated to a site on land that is lo22 cated east of and adjacent to the Hubert H. Hum23 phrey Building for the purpose of educating the

24 American public concerning health and the medical

25 sciences.
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1 SEC. 1087. ASSIGNMENTS OF EMPLOYEES BETWEEN FED2 ERAL AGENCIES AND FEDERALLY FUNDED

3 RESEARCH AND DEVELOPMENT CENTERS.

4 (a) AUTHORITY.—Section 3371(4) of title 5, United

5 States Code, is amended—

6 (1) by striking out ‘‘or’’ at the end of subpara7 graph (B);

8 (2) by striking out the period at the end of sub9 paragraph (C) and inserting in lieu thereof ‘‘; or’’;

10 and

11 (3) by adding at the end the following new sub12 paragraph:

13 ‘‘(D) a federally funded research and devel14 opment center.’’.

15 (b) PROVISIONS GOVERNING ASSIGNMENTS.—Section

16 3372 of title 5, United States Code, is amended by adding

17 at the end the following new subsection:

18 ‘‘(e) Under regulations prescribed pursuant to section

19 3376 of this title—

20 ‘‘(1) an assignment of an employee of a Federal

21 agency to an other organization or an institution of

22 higher education, and an employee so assigned, shall

23 be treated in the same way as an assignment of an

24 employee of a Federal agency to a State or local gov25 ernment, and an employee so assigned, is treated

26 under the provisions of this subchapter governing an
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1 assignment of an employee of a Federal agency to a

2 State or local government, except that the rate of pay

3 of an employee assigned to a federally funded research

4 and development center may not exceed the rate of

5 pay that such employee would be paid for continued

6 service in the position in the Federal agency from

7 which assigned; and

8 ‘‘(2) an assignment of an employee of an other

9 organization or an institution of higher education to

10 a Federal agency, and an employee so assigned, shall

11 be treated in the same way as an assignment of an

12 employee of a State or local government to a Federal

13 agency, and an employee so assigned, is treated under

14 the provisions of this subchapter governing an assign15 ment of an employee of a State or local government

16 to a Federal agency.’’.

17 SEC. 1088. BOSNIA AND HERZEGOVINA.

18 (a) PURPOSE.—To express the sense of Congress con19 cerning the international efforts to end the conflict in

20 Bosnia and Hercegovina.

21 (b) STATEMENTS.—The Congress makes the following

22 statements of support:

23 (1) The Congress supports the use of inter24 national sanctions in the form of arms and economic
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1 embargoes imposed by the United Nations Security

2 Council in appropriate circumstances.

3 (2) The Congress supports the imposition of an

4 arms and economic embargo on the Government of

5 Iraq by United Nations Security Council resolution

6 661 of August 6, 1990 to bring about compliance with

7 a number of conditions, including in particular an

8 end to Iraq’s nuclear weapons program.

9 (3) The Congress supports the imposition of an

10 arms, petroleum and economic embargo on Haiti by

11 United Nations Security Council resolutions 875 of

12 October 16, 1993 and 917 of May 17, 1994 to bring

13 about compliance with the Governors Island Agree14 ment.

15 (4) The Congress supports the imposition of an

16 arms and civil aircraft embargo on Libya pursuant

17 to United Nations Security Council resolution 748 of

18 March 31, 1992 in order to convince Libya to re19 nounce terrorism.

20 (c) FINDINGS.—The Congress makes the following find21 ings:

22 (1) The United States took the lead in the Unit23 ed Nations Security Council to impose international

24 sanctions in the form of arms and economic embar25 goes on Iraq, Haiti, and Libya.
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1 (2) The security of the Republic of Korea with

2 whom the United States has a mutual defense treaty

3 and on whose territory there are more than 38,000

4 members of the United States Armed Forces is a vital

5 interest of the United States.

6 (3) Should negotiations fail, the imposition of

7 sanctions by the United Nations Security Council on

8 North Korea, which would require the affirmative vote

9 or abstention of China, Russia, Britain, and France,

10 may be essential to stop North Korea’s nuclear weap11 ons development program and to end a nuclear threat

12 to the Republic of Korea and Southeast Asia.

13 (4) The effective enforcement of sanctions on

14 North Korea, once imposed by the United Nations Se15 curity Council, would require the cooperation of

16 China, Russia, and Japan as well as other allies, in17 cluding Britain and France, both permanent mem18 bers of the United Nations Security Council.

19 (5) The United States voted for the international

20 arms embargo imposed by United Nations Security

21 Council resolution 713 of September 25, 1991 that

22 was imposed on Yugoslavia.

23 (6) The imposition of the United Nations arms

24 embargo on September 25, 1991 has not served to end

25 the conflict in Bosnia and Hercegovina, has provided
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1 a battlefield advantage to the Bosnian Serbs, who pos2 sess artillery, tanks, and other weapons left behind by

3 the former Yugoslav Army or provided by Serbia and

4 Montenegro, and has deprived the Government of

5 Bosnia and Hercegovina from acquiring the adequate

6 means of defending itself and its citizens.

7 (7) Our NATO allies have committed ground

8 forces to the United Nations Protection Force

9 (UNPROFOR) in former Yugoslavia. At the present

10 time France has 5,518 troops, Britain 3,435, the

11 Netherlands 2,073, Canada 2,037, Turkey 1,696,

12 Spain 1,417, and Belgium 1,000. Our NATO allies

13 have thus far sustained 49 deaths and 936 wounded

14 as a result of their participation in UNPROFOR.

15 (8) For the first time the so-called ‘‘contact

16 group’’ composed of representatives of the United

17 States, Russia, France and Britain is moving toward

18 a unified position of using an incentives and dis19 incentives ‘‘carrot and stick’’ strategy to bring about

20 a peaceful settlement of the conflict in Bosnia and

21 Hercegovina.

22 (d) It is the sense of the Congress that the United

23 States should work with the NATO Member nations and

24 the other permanent members of the United Nations Secu25 rity Council to endorse the efforts of the contact group to
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1 bring about a peaceful settlement of the conflict in Bosnia

2 Hercegovina, including the following:

3 (A) the preservation of an economically, politi4 cally and militarily viable Bosnian state capable of

5 exercising its rights under the United Nations Charter

6 as part of a peaceful settlement, the lifting of the

7 United Nations arms embargo on the Government of

8 Bosnia and Hercegovina so that it can exercise the

9 inherent right of a sovereign state to self-defense;

10 (B) if the Bosnian Serbs, while the contact

11 group’s peace proposal is being considered and dis12 cussed, attack the safe areas designated by the United

13 Nations Security Council, the partial lifting of the

14 arms embargo on the Government of Bosnia and

15 Hercegovina and the provision to that Government of

16 defensive weapons and equipment appropriate and

17 necessary to defend those safe areas;

18 (C) if the Bosnian Serbs do not respond con19 structively to the peace negotiations, the President or

20 his representative shall promptly propose or support

21 a resolution in the United Nations Security Council

22 to terminate the intentional arms embargo on Bosnia

23 and Hercegovina (and the orderly withdrawal of the

24 United Nationals Protection Force and humanitarian

25 relief personnel). If the Security Council fails to pass
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1 such a resolution, the President shall within 5 days

2 consult with Congress regarding unilateral termi3 nation of the arms embargo on the Government of

4 Bosnia and Hercegovina.

5 SEC. 1089. PROVISION OF INTELLIGENCE AND OTHER AS6 SISTANCE WHERE DRUG TRAFFICKING

7 THREATENS NATIONAL SECURITY.

8 (a) Notwithstanding any other provision of law, it

9 shall not be unlawful for authorized employees or agents

10 of a foreign country to damage, render inoperative, or de11 stroy an aircraft in that country’s territory or airspace,

12 or to attempt to do so, if that aircraft is reasonably sus13 pected to be primarily engaged in illicit narcotics traffick14 ing, provided that the President of the United States prior

15 to the actions described in this subparagraph being taken

16 has determined:

17 (1) that such actions are necessary because of the

18 extraordinary threat posed by drug trafficking to the

19 national security of that country, and

20 (2) that the country has appropriate procedures

21 in place to protect against innocent loss of life in the

22 air and on the ground, which shall at a minimum in23 clude effective means to identify and warn aircraft

24 prior to the use of force.
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1 (b) It shall not be unlawful for authorized employees

2 or agents of the United States to provide assistance, includ3 ing but not limited to operational, intelligence, logistical,

4 technical and administration assistance, for the actions of

5 foreign countries set forth in subsection (a), nor shall the

6 provision of such assistance give rise to any civil action

7 seeking money damages or any other form of relief against

8 the United States or its agents or employees.

9 SEC. 1090. ADMINISTRATION OF ATHLETICS PROGRAMS AT

10 THE SERVICE ACADEMIES.

11 (a) UNITED STATES MILITARY ACADEMY.—(1) Chap12 ter 403 of title 10, United States Code, is amended by add13 ing at the end the following new section:

14 ‘‘§ 4357. Administration of athletics program

15 ‘‘(a) The position of athletic director of the Academy

16 shall be a position in the civil service (as defined in section

17 2101(1) of title 5). However, a member of the armed forces

18 may fill such position as an active duty assignment.

19 ‘‘(b) Under regulations prescribed by the Secretary of

20 the Army, the Superintendent of the Academy shall estab21 lish and administer a nonappropriated fund account for

22 the athletics program of the Academy. The Superintendent

23 shall credit to such account all revenue received from the

24 conduct of the athletics program of the Academy and all

25 contributions received for such program.’’.
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1 (2) The table of sections at the beginning of such chap2 ter is amended by adding at the end the following new item:

‘‘4357. Administration of athletics program.’’.

3 (b) UNITED STATES NAVAL ACADEMY.—(1) Chapter

4 603 of title 10, United States Code, is amended by adding

5 at the end the following new section:

6 ‘‘§ 6975. Administration of athletics program

7 ‘‘(a) The position of athletic director of the Naval

8 Academy shall be a position in the civil service (as defined

9 in section 2101(1) of title 5). However, a member of the

10 armed forces may fill such position as an active duty as11 signment.

12 ‘‘(b) Under regulations prescribed by the Secretary of

13 the Navy, the Superintendent of the Naval Academy shall

14 establish and administer a nonappropriated fund account

15 for the athletics program of the Naval Academy. The Super16 intendent shall credit to such account all revenue received

17 from the conduct of the athletics program of the Naval

18 Academy and all contributions received for such program.’’.

19 (2) The table of sections at the beginning of such chap20 ter is amended by adding at the end the following new item:

‘‘6975. Administration of athletics program.’’.

21 (c) UNITED STATES AIR FORCE ACADEMY.—(1) Chap22 ter 903 of title 10, United States Code, is amended by add23 ing at the end the following new section:
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1 ‘‘§ 9356. Administration of athletics program

2 ‘‘(a) The position of athletic director of the Academy

3 shall be a position in the civil service (as defined in section

4 2101(1) of title 5). However, a member of the armed forces

5 may fill such position as an active duty assignment.

6 ‘‘(b) Under regulations prescribed by the Secretary of

7 the Air Force, the Superintendent of the Academy shall es8 tablish and administer a nonappropriated fund account for

9 the athletics program of the Academy. The Superintendent

10 shall credit to such account all revenue received from the

11 conduct of the athletics program of the Academy and all

12 contributions received for such program.’’.

13 (2) The table of sections at the beginning of such chap14 ter is amended by adding at the end the following new item:

‘‘9356. Administration of athletics program.’’.

15 (d) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect 240 days after the date of the enact17 ment of this Act.

18 SEC. 1091. REVIEW OF THE BOTTOM UP REVIEW AND THE

19 FUTURE YEAR DEFENSE PROGRAM AND ES20 TABLISHMENT OF NEW FUNDING REQUIRE21 MENTS AND PRIORITIES.

22 (a) FINDINGS.—Congress finds as follows:

23 (1) Whereas the Administration commissioned

24 the Bottom Up Review to properly structure the
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1 Armed Forces of the United States for the Post-Cold

2 War Era;

3 (2) Whereas the Secretary of Defense has testified

4 that the Department of Defense’s Future Years De5 fense Program includes $20 billion more in program

6 funding requests during fiscal years 1996 through

7 1999 than the defense funding levels in the Adminis8 tration’s budget can support;

9 (3) Whereas, the Secretary of the Navy has testi10 fied that the Department of the Navy will only oper11 ate 330 ships rather than the 346 ships required by

12 the Bottom Up Review;

13 (4) Whereas, in January 1994, in his Annual

14 Report to the President and the Congress, the Sec15 retary of Defense reported that the Air Force will field

16 approximately 100 heavy bombers rather than the 184

17 required by the Bottom Up Review;

18 (5) Whereas the Department of Defense’s plans

19 for a major regional contingency in the Far East call

20 for 5 Army divisions and the plans for a major re21 gional contingency in Southwest Asia call for 7 Army

22 divisions, while the Bottom Up Review plans for an

23 Army of only 10 active divisions;
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1 (6) Whereas the Administration’s budget assumes

2 the Department of Defense will save at least $6 billion

3 from procurement reform;

4 (7) Whereas the first and second rounds of the

5 Base Realignment and Closure Commission have not

6 yet achieved the level of savings initially estimated,

7 and the 1995 base closure round may cost signifi8 cantly more than is assumed in the Administration’s

9 budget.

10 (b) SENSE OF CONGRESS.—It is the Sense of Congress:

11 (1) that within 30 days after enactment of this

12 legislation, the Secretary of Defense should initiate a

13 review of the assumptions and conclusions of the

14 President’s Budget, the Bottom Up Review, and the

15 Future Years Defense Program; and that not more

16 than 180 days after the review is initiated the Sec17 retary of Defense should submit to the President and

18 to the Congress a report detailing the force structure

19 required for an effective defense of the United States

20 and its vital national interests;

21 (2) and that not more than 60 days after receipt

22 of the report described in subsection (b)(1), the Presi23 dent should submit to the Congress a report detailing

24 the steps the President will take to meet the force

25 structure described in subsection (b)(1);
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1 (3) and that the fiscal year 1996 budget submit2 ted to the Congress by the President should reflect the

3 funding level necessary to support the force structure

4 described in subsection (b)(1).

5 SEC. 1092. GENOCIDE IN RWANDA.

6 (a) FINDINGS.—The Congress finds that—

7 (1) since April 6, 1994, elements of the Rwandan

8 government forces, and their allied militias, have or9 ganized the massacres of more than 200,000 Rwandan

10 civilians, of both Tutsi and Hutu ethnic origin;

11 (2) an estimated 2 million Rwandans have been

12 internally displaced, and at least 500,000 have fled to

13 neighboring countries;

14 (3) on April 26, 1994, the Senate agreed to Sen15 ate Resolution 207, deploring the massacres and urg16 ing prompt resolution of this crisis;

17 (4) the potential exists for retaliatory acts to be

18 committed by elements within the Rwandan Patriotic

19 Front against civilians;

20 (5) on June 8, 1994, the United Nations Secu21 rity Council expanded and reinforced the United Na22 tions Assistance Mission for Rwanda (UNAMIR) to

23 5,500 troops with a mandate to protect civilians;

24 (6) on June 22, 1994, the United Nations Secu25 rity Council voted unanimously to support the de-
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1 ployment of military forces from France and Senegal

2 for a temporary operation that would contribute to

3 the security and protection of populations at risk in

4 Rwanda.

5 (b) POLICY.—The Congress—

6 (1) calls upon the President to acknowledge that

7 acts of genocide have been committed in Rwanda;

8 (2) urges the President to support the establish9 ment of an impartial commission of experts to exam10 ine and analyze the evidence submitted of breaches of

11 the Convention on Genocide, and other grave viola12 tions of international humanitarian law, committed

13 in Rwanda;

14 (3) commends the Department of Defense for

15 logistical help already provided and urges the Sec16 retary of Defense to further expedite all United States

17 military contributions to the humanitarian effort in

18 Rwanda.

19 (4) implores the President to take the lead in the

20 international community to expedite commitments of

21 the necessary resources for, and to organize the speedy

22 training and deployment of, the reinforced UNAMIR

23 operation, with the mandate of protecting civilian

24 populations at risk in Rwanda;
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1 (5) strongly urges the President and the inter2 national community to expedite assistance needed for

3 humanitarian operations in Rwanda, and neighbor4 ing states, for the support of Rwandan refugees;

5 (6) commends France and Senegal for cooperat6 ing with the Secretary General towards the fulfill7 ment of the objectives of the United Nations in Rwan8 da; and

9 (7) urges France and Senegal pursuant to the

10 United Nations Security Council resolution of June

11 22, 1994, to maintain the humanitarian character of

12 their operation in Rwanda, with the view towards

13 impartiality and neutrality.

14 SEC. 1093. STUDIES OF HEALTH CONSEQUENCES OF MILI15 TARY SERVICE OR EMPLOYMENT IN SOUTH16 WEST ASIA DURING THE PERSIAN GULF WAR.

17 (a) EPIDEMIOLOGICAL STUDY.—

18 (1) IN GENERAL.—The Secretary of Defense shall

19 award a grant under this subsection to one or more

20 non-Federal entities selected for the award under sub21 section (c). The purpose of a grant is to permit the

22 entity receiving the award to carry out the study de23 scribed in paragraph (2).

24 (2) NATURE OF STUDY.—The purpose of the

25 study referred to in paragraph (1) is to determine the
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1 nature and scope of the illnesses and symptoms suf2 fered by the individuals referred in paragraph (3) as

3 a result of service or employment in the Southwest

4 Asia theater of operations during the Persian Gulf

5 War.

6 (3) INDIVIDUALS COVERED BY STUDY.—Para7 graph (2) applies to the following individuals:

8 (A) Individuals who served as members of

9 the Armed Forces in the Southwest Asia theater

10 of operations during the Persian Gulf War.

11 (B) Individuals who were civilian employ12 ees of the Department of Defense in that theater

13 during that period.

14 (C) Where appropriate, individuals who

15 were employees of contractors of the Department

16 in that theater during that period.

17 (D) Where appropriate, the spouses and

18 children of individuals described in subpara19 graph (A).

20 (4) STUDY DESIGN.—The study required under

21 this subsection shall be designed—

22 (A) to assess the extent, if any, of the asso23 ciation between—

24 (i) the illnesses and symptoms suffered

25 by individuals referred to in paragraph (3);
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1 (ii) the exposure of the individuals re2 ferred to in subparagraphs (A), (B), and

3 (C) of that paragraph to chemical and bio4 logical agents, drugs and vaccines, endemic

5 biological diseases, pesticides, toxins, and

6 other potentially hazardous materials; and

7 (iii) the experiences of such individuals

8 with stress-producing battlefield and war9 time conditions;

10 (B) to identify risk factors for predicting

11 the illnesses or symptoms relating to such expo12 sure that will arise within 3 years of the arrival

13 of an individual referred to in subparagraph

14 (A), (B), or (C) of paragraph (3) in the South15 west Asia theater of operations;

16 (C) to determine—

17 (i) the incidence, prevalence, and na18 ture of the illnesses and symptoms suffered

19 by the individuals referred to in paragraph

20 (3), including—

21 (I) the incidence, prevalence, and

22 nature of the illnesses and symptoms of

23 such individuals before the commence24 ment of the period of the Persian Gulf

25 War and the incidence, prevalence, and
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1 nature of the illnesses of such individ2 uals after the end of that period; and

3 (II) the incidence, prevalence, and

4 nature of the illnesses, symptoms, and

5 birth defects of any children conceived

6 by such individuals before the com7 mencement of that period and of any

8 children conceived by such individuals

9 during or after the end of that period;

10 and

11 (ii) the incidence, prevalence, and na12 ture of illnesses and symptoms of other in13 dividuals or groups of individuals, if any,

14 who may suffer from an illness or symptom

15 as a result of the service or employment of

16 any person or group of persons in the

17 Southwest Asia theater of operations during

18 the Persian Gulf War; and

19 (D) to evaluate a comparison sample or to

20 evaluation any other matter that the Secretary

21 or the entity determines appropriate to the pur22 poses of the study.

23 (5) REPORTS.—

24 (A) INTERIM REPORTS.—Not later than

25 each of July 1, 1995, and July 1, 1996, the Sec-
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1 retary shall submit to the congressional defense

2 committees and the Committees on Veterans’ Af3 fairs of the Senate and the House of Representa4 tives an interim report on the results of the

5 study carried out under this subsection.

6 (B) FINAL REPORT.—Not later than Janu7 ary 1, 1998, the Secretary shall submit to the

8 committees referred to in subparagraph (A) a

9 final report on the results of the study.

10 (C) FORM OF REPORTS.—The reports sub11 mitted under this paragraph shall be submitted

12 in unclassified form.

13 (b) STUDIES OF HEALTH CONSEQUENCES OF ADMIN14 ISTRATION OF PYRIDOSTIGMINE BROMIDE.—

15 (1) IN GENERAL.—The Secretary of Defense shall

16 award a grant under this subsection to one or more

17 non-Federal entities selected for the award under sub18 section (c). The purpose of a grant is to permit the

19 entity receiving the award to carry out a study or

20 studies to determine the following:

21 (A) The long-term health consequences of the

22 administration of pyridostigmine bromide as an

23 antidote enhancer for chemical nerve agent tox24 icity during the Persian Gulf War.
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1 (B) The short-term and long-term health

2 consequences of the administration of

3 pyridostigmine bromide under the chemical

4 nerve agent pretreatment program of the Depart5 ment of Defense and exposure to pesticides, envi6 ronmental toxins, and other hazardous sub7 stances during battlefield conditions that pre8 vailed in the Southwest Asia theater of oper9 ations during the Persian Gulf War.

10 (2) STUDIES.—The Secretary shall provide that

11 an entity awarded a grant under this subsection shall

12 carry out a study described in paragraph (3) or (4).

13 (3) RETROSPECTIVE STUDY.—A study referred to

14 in paragraph (2) is a retrospective study on members

15 of the Armed Forces who served in the Southwest Asia

16 theater of operations during the Persian Gulf War in

17 order to determine the following:

18 (A) The nature of the undiagnosed and

19 chronic illnesses suffered by such members.

20 (B) The degree of association between such

21 illnesses and—

22 (i) use of pyridostigmine bromide over

23 a short period of time (as determined by the

24 Secretary) during the Persian Gulf War;
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1 (ii) use of pyridostigmine bromide over

2 an extended period of time (as so deter3 mined) during that war; or

4 (iii) use of no pyridostigmine bromide.

5 (C) The degree of association between—

6 (i) such illnesses;

7 (ii) each extent of use of

8 pyridostigmine bromide described in sub9 paragraph (B);

10 (iii) receipt of other vaccinations or

11 medications; and

12 (iv) exposure to pesticides,

13 organophosphates, or carbamates.

14 (4) ANIMAL MODEL STUDY.—A study referred to

15 in paragraph (2) is also a study using appropriate

16 animal research models in order to determine whether

17 use of pyridostigmine bromide in combination with

18 exposure to pesticides or other organophosphates,

19 carbamates, or relevant chemicals results in increased

20 toxicity in animals and is likely to have a similar ef21 fect on humans.

22 (5) REPORTS.—

23 (A) ANIMAL STUDY REPORT.—Not later

24 than January 1, 1996, the Secretary shall sub25 mit to the congressional defense committees and
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1 the Committees on Veterans’ Affairs of the Senate

2 and the House of Representatives a report on the

3 study carried out under paragraph (4).

4 (B) INTERIM REPORTS ON RETROSPECTIVE

5 STUDY.—Not later than each of July 1, 1995,

6 and July 1, 1996, the Secretary shall submit to

7 the committees referred to in subparagraph (A)

8 an interim report on the results of the study car9 ried out under paragraph (3).

10 (C) FINAL REPORT ON RETROSPECTIVE

11 STUDY.—Not later than January 1, 1998, the

12 Secretary shall submit to the committees referred

13 to in subparagraph (A) a final report on the re14 sults of the study carried out under paragraph

15 (3).

16 (D) FORM OF REPORTS.—The reports sub17 mitted under this paragraph shall be submitted

18 in unclassified form.

19 (c) SELECTION OF STUDY ENTITIES.—

20 (1) IN GENERAL.—The Secretary of Defense shall

21 select entities to which to award grants for the studies

22 described in subsections (a) and (b) in accordance

23 with this subsection.

24 (2) SUBMITTAL OF PROPOSALS.—An entity seek25 ing to carry out a study under a grant under sub-
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1 section (a) or (b) shall submit to the Secretary the fol2 lowing proposals:

3 (A) A proposal for a pilot study in order to

4 determine the research design and research in5 strument to be used in the study.

6 (B) A proposal for the study.

7 (3) INDEPENDENT REVIEW.—The Secretary shall

8 ensure that individuals described in paragraph (4)—

9 (A) review each proposal submitted to the

10 Secretary under paragraph (2) for purposes of

11 determining whether or not the proposal—

12 (i) addresses adequately the purposes of

13 the study; and

14 (ii) meets the technical, scientific, and

15 peer review requirements that apply to

16 similar studies carried out under the direc17 tion of the Secretary of Health and Human

18 Services; and

19 (B) submit to the Secretary recommenda20 tions for the selection by the Secretary of one or

21 more entities to carry out the study.

22 (4) REVIEWING INDIVIDUALS.—Individuals re23 ferred to in paragraph (3) are any individuals who,

24 as determined by the Secretary—
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1 (A) are not employees of the Federal Gov2 ernment;

3 (B) have an expertise in epidemiology, toxi4 cology, neurology, biology, biostatistics, post5 traumatic stress disorder, or public health; and

6 (C) have no financial relationship with the

7 Department of Defense or with any chemical

8 company or pharmaceutical company whose pro9 ductions may be addressed in the study.

10 (5) SELECTION.—The Secretary shall—

11 (A) select the entities that will carry out the

12 studies described under subsections (a) and (b)

13 from among the entities recommended for such

14 selection under paragraph (3); and

15 (B) award such entities grants under the

16 appropriate subsection.

17 (d) PERFORMANCE OF STUDIES.—

18 (1) PILOT STUDIES.—

19 (A) IMPLEMENTATION.—An entity to which

20 the Secretary awards a grant for a study under

21 subsection (a) or (b) shall carry out the pilot

22 study for such study in accordance with the pro23 posal for the pilot study submitted to the Sec24 retary under subsection (c)(2)(A).
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1 (B) RESPONSE TO RESULTS.—If an entity

2 determines as a result of a pilot study under

3 subparagraph (A) that revisions to the study

4 proposed by the entity are necessary in order to

5 meet the purposes of the study under this section,

6 the entity shall submit to the Secretary a pro7 posal for such revisions to the study.

8 (C) FINAL APPROVAL.—The Secretary

9 shall—

10 (i) review any revisions to a proposal

11 to a study that are submitted to the Sec12 retary under subparagraph (B); and

13 (ii) approve the proposal for the study,

14 as so revised, if the Secretary determines

15 that the proposal meets the purposes of the

16 study under this section.

17 (2) STUDIES.—An entity to which the Secretary

18 awards a grant for a study under subsection (a) or

19 (b) shall carry out the study in accordance the pro20 posal for the study under this section.

21 (e) CONSULTATION.—The Secretary of Defense shall

22 carry out this section in consultation with the Secretary

23 of Veterans Affairs, the Secretary of Health and Human

24 Services, the Administrator of the Environmental Protec25 tion Agency, the head of the Medical Follow-Up Agency of
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1 the Institute of Medicine, and the heads of other appropriate

2 departments and agencies of the Federal Government.

3 (f) FUNDING.—Of the amount authorized to be appro4 priated pursuant to section 201, $10,000,000 shall be avail5 able for purposes of awarding grants for the studies de6 scribed in subsections (a) and (b). Such funds shall be avail7 able for such purpose until expended.

8 (g) DEFINITION.—In this section, the term ‘‘Persian

9 Gulf War’’ has the meaning given such term in section

10 101(33) of title 38, United States Code.

11 SEC. 1094. GRANTS FOR RESEARCH INTO THE HEALTH CON12 SEQUENCES OF THE PERSIAN GULF WAR.

13 (a) IN GENERAL.—(1) The Secretary of Defense shall

14 award grants to appropriate non-governmental entities for

15 purposes of permitting such entities to carry out research

16 to determine—

17 (A) the nature and causes of any illnesses suf18 fered by the individuals referred to in paragraph (2)

19 as a result of service or employment in the Southwest

20 Asia theater of operations during the Persian Gulf

21 War;

22 (B) the methods of transmission, if any, of such

23 illnesses from such individuals to other individuals;

24 and

25 (C) the appropriate treatment for such illnesses.
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1 (2) The individuals referred to in paragraph (1)(A)

2 are the following individuals:

3 (i) Individuals who served as members of the

4 Armed Forces in the Southwest Asia theater of oper5 ations during the Persian Gulf War.

6 (ii) Civilian employees of the Department of De7 fense who were employed by the Department in that

8 theater of operations during that period.

9 (iii) Employees of contractors of the Department

10 who were employed in that theater of operations dur11 ing that period.

12 (iv) The spouses and children of the individuals

13 referred to in clauses (i) through (iii).

14 (3) In carrying out research under this section, such

15 entities shall give particular consideration to the following:

16 (A) Illnesses or other effects associated with expo17 sure to depleted uranium particles, mycotoxins, ge18 netically-altered organisms, petrochemical toxicity,

19 pesticide poisoning, anthrax vaccines, botulinum tox20 oids, and other chemical hazards and agents.

21 (B) Endemic viral, fungal, bacterial, and rickett22 sial diseases (including diseases arising from biologi23 cal warfare activities).

24 (C) Illnesses or other effects associated with in25 gestion of silica or sand.
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1 (D) Assessment of risks to reproductive capacity

2 arising from the illnesses and diseases referred to in

3 subparagraphs (A) through (C).

4 (E) Pediatric disorders.

5 (F) Birth deficiencies.

6 (G) Post-traumatic stress disorder.

7 (H) Somatoform disorders.

8 (I) Chronic fatigue syndrome.

9 (J) Multiple chemical sensitivities.

10 (b) AWARD PROCESS.—(1) The Secretary of Defense

11 shall award grants under this section in consultation with

12 the Secretary of Health and Human Services.

13 (2) An entity seeking a grant under this section to

14 carry out the research described in subsection (a)(1) shall

15 submit to the Secretary a proposal for the research.

16 (3) The Secretary shall ensure that appropriate indi17 viduals who are not employees of the Federal Government—

18 (A) review each proposal submitted to the Sec19 retary under paragraph (2) for purposes of determin20 ing that the proposal—

21 (i) addresses adequately the purposes of the

22 research for which the proposal is submitted; and

23 (ii) meets the technical, scientific, and peer

24 review requirements that apply to similar re-
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1 search carried out under the direction of the Sec2 retary of Health and Human Services; and

3 (B) submit to the Secretary recommendations for

4 the selection by the Secretary of one or more entities

5 so determined as recipients of a grant under sub6 section (a).

7 (4) The Secretary shall award grants under this sec8 tion to entities selected by the Secretary for that purpose

9 from among the entities identified in the recommendations

10 under paragraph (3)(B).

11 (5) In awarding an entity a grant under paragraph

12 (4), the Secretary shall ensure that the entity—

13 (A) carry out the research covered by the grant

14 in accordance with the proposal submitted to the Sec15 retary under paragraph (2); and

16 (B) not expose human beings to hazardous agents

17 or materials as a result of the research.

18 (c) REPORTS.—(1) The Secretary of Defense and the

19 Secretary of Health and Human Services shall submit to

20 the congressional defense committees and the Committees on

21 Veterans’ Affairs of the Senate and the House of Representa22 tives a report on the results of any research carried out

23 under a grant awarded under this section.

24 (2) The Secretary of Defense and the Secretary of

25 Health and Human Services shall submit a report under
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1 paragraph (1) on each of March 1, 1995, October 1, 1995,

2 October 1, 1996, and October 1, 1997.

3 (3) Each report submitted under this subsection shall

4 be submitted in unclassified form.

5 (d) FUNDING.—(1) Of the amount authorized to be ap6 propriated by section 201, $10,000,000 shall be available

7 for purposes of awarding grants under this section. Such

8 funds shall be available for such purpose until expended.

9 (2) For each fiscal year in which activities under the

10 study under this section will continue, the Secretary of De11 fense shall provide in the documents submitted to Congress

12 in connection with the budget of the President for the fiscal

13 year a request for such funds as the Secretary determines

14 necessary in order to award grants under this section dur15 ing that fiscal year.

16 SEC. 1095. COMPATABILITY OF HEALTH REGISTRIES.

17 The Secretary of Defense shall take appropriate actions

18 to ensure that—

19 (1) the data collected by and the testing protocols

20 of the Persian Gulf War Health Surveillance System

21 are compatible with the data collected by and the test22 ing protocols of the Persian Gulf War Veterans

23 Health Registry; and

24 (2) information on individuals who register with

25 the Department of Defense is provided to the Depart-
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1 ment of Veterans Affairs for incorporation into the

2 Persian Gulf War Veterans Health Registry.

3 SEC. 1096. TECHNICAL AMENDMENTS.

4 (a) TITLE 10, UNITED STATES CODE.—Title 10, Unit5 ed States Code, is amended as follows:

6 (1) Section 113(e)(2) is amended by striking out

7 ‘‘section 104’’ and inserting in lieu thereof ‘‘section

8 108’’.

9 (2) Section 133a(b) is amended by striking out

10 ‘‘Under Secretary of Defense for Acquisition’’ and in11 serting in lieu thereof ‘‘Under Secretary of Defense for

12 Acquisition and Technology’’.

13 (3) Section 580a(a) is amended by striking out

14 ‘‘the date of the enactment of this section’’ and insert15 ing in lieu thereof ‘‘November 30, 1993,’’.

16 (4)(A) The section 1058 added by section 554(a)

17 of Public Law 103–160 (107 Stat. 1663) is redesig18 nated as section 1059.

19 (B) The item relating to that section in the table

20 of sections at the beginning of chapter 53 is revised

21 to conform to the redesignation made by subpara22 graph (A).

23 (5)(A) The section 1058 added by section 1433(b)

24 of Public Law 103–160 (107 Stat. 1834) is redesig25 nated as section 1060.
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1 (B) The item relating to that section in the table

2 of sections at the beginning of chapter 53 is revised

3 to conform to the redesignation made by subpara4 graph (A).

5 (6) Section 1141 is amended by striking out ‘‘on

6 or after the date of the enactment of the National De7 fense Authorization Act for Fiscal Year 1994’’ and in8 serting in lieu thereof ‘‘after November 29, 1993,’’.

9 (7) Section 1151(h)(3)(B)(v) is amended by in10 serting ‘‘school’’ after ‘‘For the fifth’’.

11 (8)(A) The heading of section 1482a is amended

12 so that the first letter of the fifth word is lower case.

13 (B) The item relating to that section in the table

14 of sections at the beginning of chapter 75 is revised

15 to conform to the amendment made by subparagraph

16 (A).

17 (9) Section 2399 is amended—

18 (A) in subsections (b)(5) and (c)(1), by

19 striking out ‘‘section 138(a)(2)(B)’’ and insert20 ing in lieu thereof ‘‘section 139(a)(2)(B)’’;

21 (B) in subsection (e)(3)(B), by striking out

22 ‘‘solely as a representative of’’ and inserting in

23 lieu thereof ‘‘solely in testing for’’;
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1 (C) in subsection (g), by striking out ‘‘sec2 tion 138’’ and inserting in lieu thereof ‘‘section

3 139’’; and

4 (D) in subsection (h)(1), by striking out

5 ‘‘section 138(a)(2)(A)’’ and inserting in lieu

6 thereof ‘‘section 139(a)(2)(A)’’.

7 (10) Section 2502(d) is amended by striking out

8 ‘‘Executive’’ and inserting in lieu thereof ‘‘executive’’.

9 (11)(A) Sections 2540 and 2541, as added by

10 section 822(a) of Public Law 103–160 (107 Stat.

11 1705), are redesignated as sections 2539a and 2539b,

12 respectively.

13 (B) The items relating to those sections in the

14 table of sections at the beginning of subchapter V of

15 chapter 148 are revised to conform to the

16 redesignations made by subparagraph (A).

17 (12) Section 2865(a)(4) is amended by adding a

18 period at the end.

19 (13) Sections 3022(a)(1), 5025(a)(1), and

20 8022(a)(1) are amended by striking out ‘‘section

21 137(c)’’ and inserting in lieu thereof ‘‘section 135(c)’’.

22 (14) Section 9511 is amended by striking out

23 ‘‘In this subchapter’’ and inserting in lieu thereof ‘‘In

24 this chapter’’.
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1 (b) PUBLIC LAW 103–160.—Effective as of November

2 30, 1993, and as if included therein as enacted, the Na3 tional Defense Authorization Act for Fiscal Year 1994 (Pub4 lic Law 103–160) is amended as follows:

5 (1) Section 507(d)(3) (107 Stat. 1647) is amend6 ed by inserting ‘‘note’’ after ‘‘10 U.S.C. 1293’’.

7 (2) Section 551(a)(1) (107 Stat. 1661) is amend8 ed by striking out ‘‘Section’’ and inserting in lieu

9 thereof ‘‘Chapter’’.

10 (3) Section 554(b) (107 Stat. 1666) is amend11 ed—

12 (A) in paragraph (1), by striking out ‘‘Sec13 tion 1058 of title 10, United States Code, as

14 added by subsection (a),’’ and inserting in lieu

15 thereof ‘‘The section of title 10, United States

16 Code, added by subsection (a)(1)’’; and

17 (B) in paragraph (2), by striking out

18 ‘‘1058’’.

19 (4) Section 931(c)(1) (107 Stat. 1734) is amend20 ed by inserting closing quotation marks before the pe21 riod at the end.

22 (5) Section 1314(3) (107 Stat. 1786) is amended

23 by striking out ‘‘adding at the end’’ and inserting in

24 lieu thereof ‘‘inserting after subsection (f)’’.
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1 (6) Section 1433(d) (107 Stat. 1835) is amended

2 by striking out ‘‘Section 1058 of title 10, United

3 States Code, as added by subsection (a),’’ and insert4 ing in lieu thereof ‘‘The section of title 10, United

5 States Code, added by subsection (b)(1)’’.

6 (7) Section 1606(b)(4) (107 Stat. 1847) is

7 amended by striking out ‘‘section 1604(e)’’ and insert8 ing in lieu thereof ‘‘section 1605(e)’’.

9 (8) Section 2912(b)(2) (107 Stat. 1925) is

10 amended by striking out ‘‘section 637(d)(1)’’ and in11 serting in lieu thereof ‘‘section 8(d)(1)’’.

12 (9) Section 2926(d) (107 Stat. 1932) is amended

13 by striking out ‘‘Subsection (d)(1)(2)(C)(iii)’’ and in14 serting in lieu thereof ‘‘Subsection (d)(2)(C)(iii)’’.

15 (c) OTHER LAWS.—(1) Section 921 of Public Law

16 102–190 (10 U.S.C. 201 note; 105 Stat. 1452) is amended

17 by striking out ‘‘section 136(b)(3)’’ in subsection (a) and

18 inserting in lieu thereof ‘‘section 138(b)(3)’’.

19 (2) Section 908(c) of title 37, United States Code, is

20 amended by striking out ‘‘section 1058’’ and inserting in

21 lieu thereof ‘‘section 1060’’.

22 SEC. 1097. NORTH ATLANTIC TREATY ORGANIZATION.

23 (a) FINDINGS.—The Congress makes the following

24 findings:
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1 (1) The North Atlantic Treaty Organization has

2 served as a bulwark of peace, security, and democracy

3 for the United States and the members of the alliance

4 since 1949.

5 (2) The unswerving resolve of the member states

6 of the North Atlantic Treaty Organization to mutual

7 defense against the threat of communist aggression

8 was central to the demise of the Warsaw Pact.

9 (3) The North Atlantic Treaty Organization is

10 the most successful international security organiza11 tion in history, and is well suited to help marshal our

12 cooperative political, diplomatic, economic, and hu13 manitarian efforts, buttressed by credible military ca14 pability aimed at deterring conflict, and thus contrib15 uting to international peace and security.

16 (4) The threat of instability in Eastern and

17 Central Europe, as well as in the Southern and East18 ern Mediterranean, continues to pose a fundamental

19 challenge to the interests of the member states of the

20 North Atlantic Treaty Organization.

21 (5) North Atlantic Treaty Organization assets

22 have been deployed in recent years for more than the

23 territorial defense of alliance members; and the Rome

24 Summit of October 1991 adopted a new strategic con25 cept for the North Atlantic Treaty Organization that
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1 entertained the possibility of operations beyond the

2 alliance’s self-defense area.

3 (6) In Oslo in July 1992, and in Brussels in De4 cember 1992, the alliance embraced the deployment of

5 North Atlantic Treaty Organization forces to peace6 keeping operations under the auspices of the United

7 Nations or the Conference on Security and Coopera8 tion in Europe.

9 (7) The North Atlantic Treaty Organization

10 should attempt to cooperate with and seek a mandate

11 from international organizations such as the United

12 Nations when considering responses to out of area cri13 ses.

14 (8) Not all members of the international commu15 nity share a commonality of interests that would en16 sure timely action by the United Nations Security

17 Council.

18 (9) The security interests of the member coun19 tries of the North Atlantic Treaty Organization must

20 not be held hostage to indecision at the United Na21 tions or a veto by a permanent member of the Secu22 rity Council.

23 (b) SENSE OF CONGRESS.—It is the sense of the Con24 gress that—
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1 (1) it should be the policy of the United States

2 that, in accordance with article 53 of the United Na3 tions Charter, the North Atlantic Treaty Organiza4 tion retains the right of autonomy of action regarding

5 missions in addition to collective defense should the

6 United Nations Security Council or the Conference on

7 Security and Cooperation in Europe fail to act;

8 (2) while it is desirable to work with other inter9 national organizations and arrangements where fea10 sible in dealing with threats to the peace, the North

11 Atlantic Treaty Organization is not an auxiliary to

12 the United Nations or any other organization; and

13 (3) the member states of the North Atlantic Trea14 ty Organization reserve the right to act collectively in

15 defense of their vital interests.

16 SEC. 1098. LIMITATION ON OBLIGATION OF FUNDS FOR

17 MARK–6 GUIDANCE SETS FOR TRIDENT II MIS18 SILES.

19 (a) LIMITATION.—Until the certification in subsection

20 (b) has been provided to the congressional defense commit21 tees, funds appropriated for fiscal year 1995 for the Navy

22 may not be obligated to procure more than 14 Mark–6 guid23 ance sets for Trident II missiles.

24 (b) CERTIFICATION.—Before the Secretary of Defense

25 may obligate funds for Mark–6 guidance sets in addition
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1 to the 14 sets authorized in subsection (a), he shall certify

2 to the congressional defense committees that failure to pro3 cure such additional units would pose an unacceptable risk

4 to the long-term readiness and reliability of the Trident II

5 missile program.

6 SEC. 1099. MILITARY PLANNING FOR THE SIZE AND STRUC7 TURE OF A FORCE REQUIRED FOR A MAJOR

8 REGIONAL CONTINGENCY ON THE KOREAN

9 PENINSULA.

10 (a) FINDINGS.—Congress finds as follows:

11 (1) Whereas the Administration commissioned

12 the Bottom-Up Review to properly size and structure

13 the Armed Forces of the United States for the Post14 Cold-War Era;

15 (2) Whereas the Bottom-Up Review itself cites

16 the need for the Armed Forces of the United States to

17 be large enough to prevail in two major regional con18 flicts, similar in nature to the 1991 war against Iraq,

19 ‘‘nearly simultaneously’’;

20 (3) Whereas the Bottom-Up Review gives special

21 consideration to a scenario that hypothesizes that the

22 two ‘‘nearly simultaneous’’ conflicts would occur in

23 Korea and the Persian Gulf;

24 (4) Whereas the United States sent 7 Army divi25 sions, the equivalent of 10 Air Force tactical fighter
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1 wings, 70 heavy bombers, 6 Navy aircraft carrier bat2 tle groups, and 5 Marine Corps brigades to the Per3 sian Gulf to fight the war against Iraq;

4 (5) Whereas the Bottom-Up Review asserts that

5 the forces needed to fight two conflicts similar to that

6 with Iraq can be drawn from a total military force

7 of between 15 and 16 Army divisions, 20 Air Force

8 tactical fighter wings, 184 heavy bombers, 11 active

9 Navy aircraft carriers (along with one reserve/train10 ing carrier), and the equivalent of 12 Marine Corp

11 brigades;

12 (6) Whereas the Bottom-Up Review recognizes

13 that approximately 100,000 members of the United

14 States Armed Forces will be stationed in Europe;

15 (7) Whereas the Bottom-Up Review recognizes

16 that sizeable numbers of United States forces could be

17 involved in peace enforcement and intervention oper18 ations at any one time;

19 (8) Whereas the Bottom-Up Review makes no

20 specific recommendation as to the number of forces to

21 be held in reserve to provide a rotation base either to

22 relieve troops in the event one or both hypothetical

23 conflicts result in lengthy deployments or to replace

24 combat losses;
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1 (9) Whereas military planners calculate that the

2 number of United States forces needed to help defeat

3 an invasion of South Korea by North Korea may ex4 ceed 430,000 United States military personnel;

5 (10) Whereas the size of the force military plan6 ners may request to help defend South Korea could

7 exceed the levels that are consistent with the rec8 ommendations of Bottom-Up Review if the existing

9 and future force requirements for a presence in Eu10 rope, possible peace enforcement operations, and an

11 adequate rotation base, as well as a second regional

12 conflict, must be fulfilled simultaneously.

13 (b) SENSE OF CONGRESS.—It is the Sense of Congress:

14 (1) that the force structure identified in the Bot15 tom-Up Review may not be used to limit the size or

16 structure of the force United States military com17 manders may request in preparation for a major re18 gional contingency on the Korean peninsula;

19 (2) and that the Chairmen and Ranking Mem20 bers of the House and Senate Committees on Armed

21 Services and Chairmen and Ranking members of the

22 House and Senate Appropriations Subcommittees on

23 Defense should receive regular briefings from the De24 partment of Defense of the situation on the Korean

25 peninsula;
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1 (3) and that the conclusions of the Bottom-Up

2 Review should be continuously examined in light of

3 the lessons learned from preparation for a major re4 gional contingency on the Korean peninsula and from

5 other military operations.

6 DIVISION B—MILITARY CON7 STRUCTION AUTHORIZA8 TIONS

9 SEC. 2001. SHORT TITLE.

10 This division may be cited as the ‘‘Military Construc11 tion Authorization Act for Fiscal Year 1995’’.

12 TITLE XXI—ARMY

13 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

14 ACQUISITION PROJECTS.

15 (a) INSIDE THE UNITED STATES.—Using amounts ap16 propriated pursuant to the authorization of appropriations

17 in section 2104(a)(1), the Secretary of the Army may ac18 quire real property and carry out military construction

19 projects in the total amount of $396,750,000 for the instal20 lations and locations inside the United States, and in the

21 amounts for such installations and locations, set forth in

22 the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ................... Redstone Arsenal ............................. $2,600,000

Georgia ..................... Fort Benning ................................... $6,550,000

Fort Gordon .................................... $44,750,000
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Army: Inside the United States—Continued

State Installation or location Amount

Hawaii ...................... Schofield Barracks .......................... $25,000,000

Kentucky ................... Fort Campbell ................................. $67,400,000

Fort Knox ........................................ $8,500,000

Maryland .................. Adelphi Laboratory Center ............ $6,600,000

Fort Ritchie ..................................... $3,600,000

New Jersey ............... Bayonne Military Ocean Terminal $4,050,000

New York .................. United States Military Academy,

West Point ..................................... $28,000,000

North Carolina ......... Fort Bragg ....................................... $29,000,000

Sunny Point Military Ocean Terminal ............................................. $22,200,000

Oklahoma .................. Fort Sill ........................................... $18,000,000

South Carolina ......... Charleston Naval Weapons Station $24,000,000

Texas ......................... Fort Hood ........................................ $29,000,000

Fort Sam Houston .......................... $4,300,000

Virginia .................... Fort Myer ........................................ $7,300,000

Washington ............... Fort Lewis ....................................... $64,000,000

CONUS Classified ... Classified Location ......................... $1,900,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects in the total amount of $31,400,000 for the installa6 tion and location outside the United States, and in the

7 amount, set forth in the following table:

Army: Outside the United States

Country or other Installation or location Amount

Kwajalein Atoll ............ Kwajalein ..................................... $6,400,000

Worldwide .................... Host Nation Support .................. $25,000,000

8 SEC. 2102. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap-
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1 propriations in section 2104(a)(5)(A), the Secretary of the

2 Army may construct or acquire family housing units (in3 cluding land acquisition) in the total amount of

4 $117,750,000 at the installations, for the purposes, and in

5 the amounts for such installations set forth in the following

6 table:

Army: Family Housing

State Installation Purpose Amount

Alaska ............... Fort Richardson ... 72 units ............ $5,000,000

Colorado ........... Fort Carson .......... 145 units .......... $16,500,000

Georgia ............. Fort Stewart ......... 128 units .......... $10,600,000

Hawaii ............. Helemano Military Reservation Roadway improvements

for family

housing.

$3,500,000

Schofield Barracks 190 units .......... $26,000,000

Kansas .............. Fort Riley ............. 126 units .......... $12,600,000

Massachusetts ... Natick Research

Center ................ 35 units ............ $4,150,000

New York .......... United States

Military Academy, West Point.

56 units ............ $8,000,000

Texas ................. Fort Bliss ............. 215 units .......... $21,400,000

Fort Sam Houston 100 units .......... $10,000,000

7 (b) PLANNING AND DESIGN.—Using amounts appro8 priated pursuant to the authorization of appropriations in

9 section 2104(a)(5)(A), the Secretary of the Army may carry

10 out architectural and engineering services and construction

11 design activities with respect to the construction or im12 provement of family housing units in an amount not to

13 exceed $5,992,000.
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1 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2104(a)(5)(A), the Sec6 retary of the Army may improve existing military family

7 housing in an amount not to exceed $49,760,000.

8 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

9 (a) IN GENERAL.—Funds are hereby authorized to be

10 appropriated for fiscal years beginning after September 30,

11 1994, for military construction, land acquisition, and mili12 tary family housing functions of the Department of the

13 Army in the total amount of $1,731,286,000 as follows:

14 (1) For military construction projects inside the

15 United States authorized by section 2101(a),

16 $396,750,000.

17 (2) For military construction projects outside the

18 United States authorized by section 2101(b),

19 $31,400,000.

20 (3) For unspecified minor military construction

21 projects authorized by section 2805 of title 10, United

22 States Code, $12,000,000.

23 (4) For architectural and engineering services

24 and construction design under section 2807 of title

25 10, United States Code, $63,926,000.

26 (5) For military family housing functions:
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1 (A) For construction and acquisition of

2 military family housing and facilities,

3 $173,502,000.

4 (B) For support of military family housing

5 (including the functions described in section

6 2833 of title 10, United States Code),

7 $1,067,708,000, of which not more than

8 $243,442,000 may be obligated or expended for

9 the leasing of military family housing world10 wide.

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and

14 any other cost variation authorized by law, the total cost

15 of all projects carried out under section 2101 of this Act

16 may not exceed the total amount authorized to be appro17 priated under paragraphs (1) and (2) of subsection (a).

18 SEC. 2105. RELOCATION OF ARMY FAMILY HOUSING UNITS

19 FROM FORT HUNTER LIGGETT, CALIFORNIA,

20 TO FORT STEWART, GEORGIA.

21 Section 2102(a) of the Military Construction Author22 ization Act for Fiscal Year 1992 (division B of Public Law

23 102–190; 105 Stat. 1511) is amended—

24 (1) by striking out paragraph (1) and inserting

25 in lieu thereof the following new paragraph (1):
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1 ‘‘(1) Fort Hunter Liggett, California, one hun2 dred fifty-four units, $12,300,000.’’; and

3 (2) by striking out paragraph (5) and inserting

4 in lieu thereof the following new paragraph (5):

5 ‘‘(5) Fort Stewart, Georgia, one hundred twenty6 one units, $9,890,000.’’.

7 SEC. 2016. HIGHWAY SAFETY AT HAWTHORNE ARMY AMMU8 NITION PLANT, NEVADA.

9 (a) STUDY.—The Secretary of the Army shall carry

10 out a study of traffic safety on the highway at the Haw11 thorne Army Ammunition Plant, Nevada. In carrying out

12 the study, the Secretary shall—

13 (1) evaluate traffic safety on the highway, in14 cluding traffic safety with respect to the rail and

15 truck crossing of the highway at the Plant;

16 (2) evaluate the feasibility and desirability of

17 constructing a vehicle bridge over the rail and truck

18 crossing; and

19 (3) determine whether any construction required

20 to improve traffic safety on the highway be funded as

21 a military construction project or as a defense access

22 road construction project.

23 (b) ARCHITECTURAL AND ENGINEERING SERVICES

24 AND CONSTRUCTION DESIGN.—If the Secretary determines

25 as a result of the study under subsection (a) that construc-
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1 tion of a vehicle bridge over the rail and truck crossing re2 ferred to in paragraph (1) of that subsection is feasible and

3 desirable, the Secretary should—

4 (1) obtain architectural and engineering activi5 ties and carry out construction design with respect to

6 the construction of the bridge; or

7 (2) request that the Secretary of Transportation

8 carry out the construction of the bridge as project for

9 the construction of a defense access road under section

10 210 of title 23, United States Code.

11 TITLE XXII—NAVY

12 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

13 ACQUISITION PROJECTS.

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations

16 in section 2204(a)(1), the Secretary of the Navy may ac17 quire real property and carry out military construction

18 projects in the total amount of $239,265,000 for the instal19 lations and locations inside the United States, and in the

20 amounts for such installations and locations, set forth in

21 the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ..................... Yuma Marine Corps Air Station ........... $15,085,000

California ................. Camp Pendleton Amphibious Task

Force ...................................................... $10,700,000

Camp Pendleton Marine Corp Base ...... $570,000

China Lake Naval Air Warfare Center . $6,000,000

El Centro Naval Air Facility ................ $3,000,000

Lemoore Naval Air Station .................... $7,000,000
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Navy: Inside the United States—Continued

State Installation or location Amount

North Island Naval Air Station ............ $18,830,000

Port Hueneme Naval Construction Battalion Center .......................................... $9,650,000

San Diego Marine Corps Recruit Depot $1,090,000

San Diego Naval Station ....................... $4,100,000

Twentynine Palms Marine Corps AirGround Combat Center ......................... $2,900,000

Florida ...................... Jacksonville Fleet and Industrial Supply Center .............................................. $2,200,000

Pensacola Naval Air Station ................. $2,100,000

Hawaii ...................... Kaneohe Bay ........................................... $4,900,000

Illinois ...................... Great Lakes Navy Public Works Center $13,000,000

New Jersey ............... Lakehurst Naval Air Warfare Center .... $2,950,000

New Mexico ............... White Sands Naval Ordnance Missile

Test Station ........................................... $1,390,000

North Carolina ......... Cherry Point Marine Corps Air Station $2,100,000

Camp Lejeune Marine Corp Base .......... $14,850,000

Rhode Island ............ Newport Naval Education and Training Center .............................................. $14,500,000

South Carolina ......... Parris Island Marine Corps Recruit

Depot ...................................................... $2,550,000

Texas ......................... Ingleside Naval Station .......................... $14,110,000

Virginia .................... Chesapeake Naval Security Group Activity ...................................................... $1,150,000

Dam Neck Fleet Combat Training Center ........................................................... $1,600,000

Norfolk Marine Corps Security Force

Battalion Atlantic ................................. $6,480,000

Norfolk Naval Station ............................. $16,430,000

Quantico Marine Corps Combat Development Command ................................. $19,900,000

Washington ............... Bremerton Puget Sound Naval Shipyard ........................................................ $11,040,000

Everett Naval Station ............................. $21,690,000

Whidbey Island Naval Air Station ....... $5,200,000

Various Locations .... Aircraft Fire Rescue and Vehicle Maintenance Facilities .................................. $2,200,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects in the total amount of $50,810,000 for the installa6 tions and locations outside the United States, and in the
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1 amounts for such installations and locations, set forth in

2 the following table:

Navy: Outside the United States

Country Installation or location Amount

Greece ......................... Souda Bay, Crete Naval Support

Activity .......................................... $3,050,000

Italy ........................... Naples Naval Support Activity ..... $28,460,000

Sigonella Naval Air Station .......... $13,750,000

Puerto Rico ................ Sabana Seca Naval Security

Group Activity .............................. $1,650,000

United Kingdom ....... Saint Mawgan Joint Maritime

Communications Center ............... $3,900,000

3 SEC. 2202. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(a)(5)(A), the Secretary of the

7 Navy may construct or acquire family housing units (in8 cluding land acquisition) in the total amount of

9 $49,012,000 at the installations, for the purposes, and in

10 the amounts for such installations and purposes set forth

11 in the following table:

Navy: Family Housing

State Installation Purpose Amount

California ......... Camp Pendleton

Marine Corps

Base ................... 196 units ........... $28,552,000

San Diego Naval

Public Works

Center ................ 136 units ........... $18,262,000

Maryland .......... Patuxent River

Naval Air Station .................... Housing Office .. $863,000

Virginia ............ Norfolk Naval Public Works Center Warehouse/Self

Help Center. $555,000

Washington ....... Everett Naval Station .................... Housing Office .. $780,000
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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(A), the Secretary of the Navy may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of military family housing units in an amount

7 not to exceed $24,681,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a)(5)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in the amount of $155,602,000.

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1994, for military construction, land acquisition, and mili19 tary family housing functions of the Department of the

20 Navy in the total amount of $1,507,349,000 as follows:

21 (1) For military construction projects inside the

22 United States authorized by section 2201(a),

23 $239,265,000.
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1 (2) For military construction projects outside the

2 United States authorized by section 2201(b),

3 $50,810,000.

4 (3) For unspecified minor construction projects

5 authorized by section 2805 of title 10, United States

6 Code, $7,000,000.

7 (4) For architectural and engineering services

8 and construction design under section 2807 of title

9 10, United States Code, $43,380,000.

10 (5) For military family housing functions:

11 (A) For construction and acquisition of

12 military family housing and facilities,

13 $229,295,000.

14 (B) For support of military family housing

15 (including functions described in section 2833 of

16 title 10, United States Code), $937,599,000, of

17 which not more than $114,336,000 may be obli18 gated or expended for the leasing of military

19 family housing units worldwide.

20 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

23 any other cost variation authorized by law, the total cost

24 of all projects carried out under section 2201 of this Act
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1 may not exceed the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection (a).

3 SEC. 2205. AUTHORITY TO CARRY OUT CONSTRUCTION

4 PROJECT, NAVAL SUPPLY CENTER, PENSA5 COLA, FLORIDA.

6 Funds appropriated by the Military Construction Ap7 propriations Act, 1994 (Public Law 103–110; 107 Stat.

8 1037) that are available for construction of a cold storage

9 facility at Naval Supply Center, Pensacola, Florida, in ac10 cordance with authorizations provided in section 2201(a)

11 of the Military Construction Authorization Act for Fiscal

12 Year 1992 (division B of Public Law 102–190; 105 Stat.

13 1514), as enacted, may be expended for the portion of the

14 construction of such facility that is associated with Depart15 ment of the Navy contract N62467–86–C–0421.

16 SEC. 2206. RELOCATION OF PASCAGOULA COAST GUARD

17 STATION, MISSISSIPPI.

18 (a) AGREEMENT ON RELOCATION.—Not later than 90

19 days after the date of the enactment of this Act, the Sec20 retary of the Navy and the Secretary of Transportation

21 shall enter into an agreement that provides for the reloca22 tion of the activities and functions of Pascagoula Coast

23 Guard Station to Pascagoula Naval Station, Pascagoula,

24 Mississippi.
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1 (b) CONDITIONS.—The agreement under subsection (a)

2 shall include the following provisions:

3 (1) That the Navy not incur any construction

4 costs relating to the relocation.

5 (2) That the design, construction, and location of

6 Coast Guard facilities, and the conduct of activities

7 by the Coast Guard, at Pascagoula Naval Station not

8 interfere with the performance of the mission of the

9 Navy.

10 SEC. 2207. AUTHORITY TO CARRY OUT CONSTRUCTION DE11 SIGN FOR MAYPORT NAVAL STATION, FLOR12 IDA.

13 (a) AUTHORITY TO CARRY OUT CONSTRUCTION DE14 SIGN.—Subject to subsection (b), the Secretary of the Navy

15 may carry out construction design activities in connection

16 with the military construction projects that the Secretary

17 identifies as necessary for the improvement of the facilities

18 located at Mayport Naval Station, Florida, so that such fa19 cilities may be used as the homeport of a nuclear powered

20 aircraft carrier.

21 (b) REQUIREMENT RELATING TO COMMENCEMENT OF

22 DESIGN.—The Secretary may not carry out the construc23 tion design activities authorized under subsection (a) until

24 the Secretary—
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1 (1) completes a study that identifies the improve2 ments to the facilities referred to in that subsection

3 that are necessary so that such facilities may be used

4 as the homeport of a nuclear powered aircraft carrier;

5 and

6 (2) completes a programmatic environmental

7 impact study on the effect of such improvements on

8 the environment.

9 (c) CONSTRUCTION OF AUTHORITY.—This section may

10 not be construed or interpreted as an authorization for the

11 Secretary to commence or proceed with any military con12 struction project relating to the improvement of the facili13 ties of Mayport Naval Station, Florida, for the purpose re14 ferred to in subsection (a).

15 TITLE XXIII—AIR FORCE

16 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

17 LAND ACQUISITION PROJECTS.

18 (a) INSIDE THE UNITED STATES.—Using amounts ap19 propriated pursuant to the authorization of appropriations

20 in section 2304(a)(1), the Secretary of the Air Force may

21 acquire real property and carry out military construction

22 projects in the total amount of $412,004,000 for the instal23 lations and locations inside the United States, and in the

24 amounts for such installations and locations, set forth in

25 the following table:
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Air Force: Inside the United States

State Installation or location Amount

Alabama ..................... Maxwell Air Force Base ................... $9,600,000

Alaska ........................ Cape Lisburne Long Range Radar

Site.

$2,800,000

Eielson Air Force Base ..................... $3,300,000

Elmendorf Air Force Base ............... $5,000,000

Arizona ...................... Luke Air Force Base ......................... $4,900,000

Arkansas .................... Little Rock Air Force Base .............. $4,800,000

California .................. Beale Air Force Base ........................ $1,450,000

Edwards Air Force Base .................. $7,050,000

Travis Air Force Base ...................... $3,600,000

Vandenberg Air Force Base ............. $6,550,000

Colorado ..................... Peterson Air Force Base ................... $1,750,000

United States Air Force Academy .. $3,600,000

Delaware .................... Dover Air Force Base ....................... $10,500,000

Florida ....................... Cape Canaveral Air Force Station . $10,450,000

Georgia ...................... Moody Air Force Base ...................... $14,300,000

Robins Air Force Base ..................... $21,200,000

Idaho .......................... Mountain Home Air Force Base ..... $15,950,000

Illinois ....................... Scott Air Force Base ........................ $2,700,000

Kansas ....................... McConnell Air Force Base ............... $500,000

Louisiana .................. Barksdale Air Force Base ................ $27,100,000

Maryland ................... Andrews Air Force Base .................. $10,800,000

Mississippi ................. Columbus Air Force Base ................. $3,400,000

Keesler Air Force Base ..................... $11,240,000

Missouri ..................... Whiteman Air Force Base ................ $24,290,000

Montana ..................... Malmstrom Air Force Base .............. $7,200,000

Nebraska .................... Offutt Air Force Base ....................... $2,260,000

Nevada ....................... Nellis Air Force Base ....................... $10,500,000

New Jersey ................. McGuire Air Force Base .................. $17,000,000

New Mexico ................ Holloman Air Force Base ................ $10,950,000

Kirtland Air Force Base .................. $31,000,000

North Carolina .......... Pope Air Force Base ......................... $2,600,000

North Dakota ............. Ellsworth Air Force Base ................. $4,500,000

Grand Forks Air Force Base ........... $5,200,000

Minot Air Force Base ....................... $10,350,000

Ohio ............................ Wright-Patterson Air Force Base .... $32,700,000

Oklahoma ................... Altus Air Force Base ........................ $3,750,000

Tinker Air Force Base ...................... $9,643,000

Vance Air Force Base ....................... $11,680,000

South Carolina .......... Charleston Air Force Base ............... $11,400,000

South Dakota ............ Ellsworth Air Force Base ................. $1,450,000

Tennessee ................... Arnold Air Force Base ..................... $1,900,000

Texas .......................... Kelly Air Force Base ........................ $8,950,000

Lackland Air Force Base ................. $5,200,000

Sheppard Air Force Base ................. $3,300,000

Washington ................ Fairchild Air Force Base ................. $8,850,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Wyoming .................... F.E. Warren Air Force Base ........... $2,650,000

CONUS Classified ..... Classified Location ........................... $2,141,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and may carry out military con5 struction projects in the total amount of $38,273,000 for

6 the installations and locations outside the United States,

7 and in the amounts for such installations and locations,

8 set forth in the following table:

Air Force: Outside the United States

Country Installation or location Amount

Germany .................... Ramstein Air Base ........................... $12,350,000

Spangdahlem Air Base ..................... $9,473,000

Greenland .................. Thule Air Base .................................. $2,450,000

Portugal ..................... Lajes Field ......................................... $2,850,000

United Kingdom ....... RAF Lakenheath ............................... $7,100,000

Overseas Classified .... Classified Location ........................... $4,050,000

9 SEC. 2302. FAMILY HOUSING.

10 (a) CONSTRUCTION AND ACQUISITION.—Using

11 amounts appropriated pursuant to the authorization of ap12 propriations in section 2304(a)(6)(A), the Secretary of the

13 Air Force may construct or acquire family housing units

14 (including land acquisition) in the total amount of

15 $172,310,000 at the installations, for the purposes, and in
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1 the amounts for such installations and purposes set forth

2 in the following table:

Air Force: Family Housing

State or Country Installation Purpose Amount

Alabama ............ Maxwell Air Force

Base ................... 25 units ............. $2,100,000

Arizona ............. Davis-Monthan

Air Force Base . 60 units ............. $5,940,000

California ......... Beale Air Force

Base ................... 76 units ............. $8,842,000

Edwards Air Force

Base ................... 34 units ............. $4,629,000

Los Angeles Air

Force Base ........ 50 units ............. $8,962,000

Vandenberg Air

Force Base ........ 128 units ........... $16,460,000

District of Columbia.Bolling Air Force

Base ................... 100 units ........... $9,000,000

Florida .............. Patrick Air Force

Base ................... 75 units ............. $7,145,000

Idaho ................. Mountain Home

Air Force Base . 4 unit ................ $881,000

Mountain Home

Air Force Base . 60 units ............. $5,712,000

Kansas ............... McConnell Air

Force Base ........ 70 units ............. $8,322,000

Louisiana .......... Barksdale Air

Force Base ........ 82 units ............. $8,236,000

Missouri ............ Whiteman Air

Force Base ........ Housing Office .. $567,000

New Mexico ....... Cannon Air Force

Base ................... 1 unit ................ $230,000

Holloman Air

Force Base ........ 76 units ............. $7,733,000

Kirtland Air Force

Base ................... 106 units ........... $10,058,000

North Carolina . Pope Air Force

Base ................... 120 units ........... $14,874,000

Seymour Johnson

Air Force Base . 74 units ............. $6,025,000

North Dakota .... Grand Forks Air

Force Base ........ Housing Office .. $709,000

South Carolina . Shaw Air Force

Base ................... 3 units ............... $631,000

Texas ................. Dyess Air Force

Base ................... 59 units ............. $7,077,000

Utah .................. Hill Air Force

Base ................... 138 units ........... $11,400,000

Virginia ............ Langley Air Force

Base ................... 148 units ........... $14,421,000
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Air Force: Family Housing—Continued

State or Country Installation Purpose Amount

Washington ....... Fairchild Air

Force Base ........ 6 units ............... $1,035,000

Wyoming ........... F.E. Warren Air

Force Base ........ 106 units ........... $11,321,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,275,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(6)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $61,770,000.

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

16 FORCE.

17 (a) IN GENERAL.—Funds are hereby authorized to be

18 appropriated for fiscal years beginning after September 30,

19 1994, for military construction, land acquisition, and mili20 tary family housing functions of the Department of the Air

21 Force in the total amount of $1,594,863,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2301(a),

3 $412,004,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2301(b),

6 $38,273,000.

7 (3) For unspecified minor construction projects

8 authorized by section 2805 of title 10, United States

9 Code, $7,000,000.

10 (4) For architectural and engineering services

11 and construction design under section 2807 of title

12 10, United States Code, $49,386,000.

13 (5) For the balance of the amount authorized

14 under section 2301(a) of the Military Construction

15 Authorization Act for Fiscal Year 1993 (division B of

16 Public Law 102–484; 106 Stat. 2593) for the con17 struction of the climatic test chamber at Eglin Air

18 Force Base, Florida, $20,000,000.

19 (6) For military family housing functions:

20 (A) For construction and acquisition of

21 military family housing and facilities,

22 $243,355,000.

23 (B) For support of military family housing

24 (including functions described in section 2833 of

25 title 10, United States Code), $824,845,000 of
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1 which not more than $112,757,000 may be obli2 gated or expended for leasing of military family

3 housing units worldwide.

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and

7 any other cost variation authorized by law, the total cost

8 of all projects carried out under section 2301 of this Act

9 may not exceed the total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection (a).

11 SEC. 2305. AUTHORIZATION OF MILITARY CONSTRUCTION

12 PROJECTS AT TYNDALL AIR FORCE BASE,

13 FLORIDA, FOR WHICH FUNDS HAVE BEEN AP14 PROPRIATED.

15 The table in section 2301 of the Military Construction

16 Authorization Act for Fiscal Year 1994 (division B of Pub17 lic Law 103–160; 107 Stat. 1866) is amended in the item

18 relating to Tyndall Air Force Base, Florida, by striking

19 out ‘‘$2,600,000’’ in the column under the heading

20 ‘‘Amount’’ and inserting in lieu thereof ‘‘$8,200,000’’.

21 SEC. 2306. REVISION OF AUTHORIZED FAMILY HOUSING

22 PROJECT, TYNDALL AIR FORCE BASE, FLOR23 IDA.

24 The table in section 2302(a) of the Military Construc25 tion Authorization Act for Fiscal Year 1994 (division B
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1 of Public Law 103–160; 107 Stat. 1869) is amended in the

2 item relating to Tyndall Air Force Base, Florida, by strik3 ing out ‘‘Infrastructure’’ in the third column and inserting

4 in lieu thereof ‘‘45 units’’.

5 TITLE XXIV—DEFENSE

6 AGENCIES

7 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC8 TION AND LAND ACQUISITION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2405(a)(1), the Sec11 retary of Defense may acquire real property and carry out

12 military construction projects in the total amount of

13 $413,700,000 for the installations and locations inside the

14 United States, and in the amounts for such installations

15 and locations, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Agents and

Munitions Destruction .......................... Anniston Army Depot, Alabama .... $5,000,000

Pine Bluff Arsenal, Arkansas .......... $102,000,000

Umatilla Army Depot, Oregon ....... $183,000,000

Tooele Army Depot, Utah ................ $4,000,000

Defense Intelligence

Agency .................... Bolling Air Force Base, Washington, District of Columbia.$600,000

Defense Logistics

Agency .................... Defense Contract Management Office, El Segundo, California.$5,100,000

Defense Construction Supply Center, Columbus, Ohio ...................... $2,200,000

Defense Fuel Support Point,

Craney Island, Virginia ............... $3,652,000

Headquarters, Defense Logistics

Agency, Fort Belvoir, Virginia .... $4,600,000

Defense Medical Facilities Office .......... McClellan Air Force Base, California.

$10,280,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Fort McPherson, Georgia ................. $13,400,000

Fort Dix, New Jersey ....................... $2,000,000

National Security

Agency .................... Fort Meade, Maryland ..................... $20,258,000

Office of Secretary of

Defense .................... Various Locations, Special Activities, Air Force.$5,300,000

Section 6 Schools ....... Naval Surface Warfare Center, Virginia.$1,560,000

Special Operations

Force ....................... Eglin Auxiliary Field No. 9, Florida.$21,750,000

Fort Bragg, North Carolina ............ $16,000,000

Kirtland Air Force Base, New Mexico ................................................... $9,600,000

Naval Amphibious Base, Coronado,

San Diego, California .................. $3,400,000

1 SEC. 2402. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2405(a)(11)(A), the Secretary of De5 fense may construct or acquire family housing units (in6 cluding land acquisition) at the installation, for the pur7 pose, and in the amount set forth in the following table:

Defense Agencies: Family Housing

Location Installation Purpose Amount

Belgium ............. National Security

Agency ............... 1 unit ................ $300,000

8 SEC. 2403. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2405(a)(11)(A), the
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1 Secretary of Defense may improve existing military family

2 housing units in an amount not to exceed $50,000.

3 SEC. 2404. ENERGY CONSERVATION PROJECTS.

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2405(a)(8), the Sec6 retary of Defense may carry out energy conservation

7 projects under section 2865 of title 10, United States Code.

8 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

9 AGENCIES.

10 (a) IN GENERAL.—Funds are hereby authorized to be

11 appropriated for fiscal years beginning after September 30,

12 1994, for military construction, land acquisition, and mili13 tary family housing functions of the Department of Defense

14 (other than the military departments) in the total amount

15 of $3,252,058,000 as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2401(a),

18 $152,700,000.

19 (2) For military construction projects at Ports20 mouth Naval Hospital, Virginia, authorized by sec21 tion 2401(a) of the Military Construction Authoriza22 tion Act for Fiscal Years 1990 and 1991 (division B

23 of Public Law 101–189; 103 Stat. 1640),

24 $120,000,000.
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1 (3) For military construction projects at Elmen2 dorf Air Force Base, Alaska, hospital replacement,

3 authorized by section 2401(a) of the Military Con4 struction Authorization Act for Fiscal Year 1993 (di5 vision B of Public Law 102–484; 106 Stat. 2599),

6 $66,000,000.

7 (4) For military construction projects at Fort

8 Bragg, North Carolina, hospital replacement, author9 ized by section 2401(a) of the Military Construction

10 Authorization Act for Fiscal Year 1993 (division B of

11 Public Law 102–484; 106 Stat. 2599), $75,000,000.

12 (5) For unspecified minor construction projects

13 under section 2805 of title 10, United States Code,

14 $22,348,000.

15 (6) For contingency construction projects of the

16 Secretary of Defense under section 2804 of title 10,

17 United States Code, $8,511,000.

18 (7) For architectural and engineering services

19 and for construction design under section 2807 of title

20 10, United States Code, $51,960,000.

21 (8) For energy conservation projects authorized

22 by section 2404, $50,000,000.

23 (9) For base closure and realignment activities

24 as authorized by the Defense Authorization Amend25 ments and Base Closure and Realignment Act (title
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1 II of Public Law 100–526; 10 U.S.C. 2687 note),

2 $87,600,000.

3 (10) For base closure and realignment activities

4 as authorized by the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of Public

6 Law 101–510; 10 U.S.C. 2687 note):

7 (A) For military installations approved for

8 closure or realignment in 1991, $398,700,000.

9 (B) For military installations approved for

10 closure or realignment in 1993, $2,189,858,000.

11 (11) For military family housing functions:

12 (A) For construction and acquisition of

13 military family housing and facilities, $350,000.

14 (B) For support of military housing (in15 cluding functions described in section 2833 of

16 title 10, United States Code), $29,031,000, of

17 which not more than $24,051,000 may be obli18 gated or expended for the leasing of military

19 family housing units worldwide.

20 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and

23 any other cost variations authorized by law, the total cost

24 of all projects carried out under section 2401 of this Act

25 may not exceed—
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1 (1) the total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection

3 (a) and subsection (b);

4 (2) $94,000,000 (the balance of the amount au5 thorized for construction of a chemical munitions de6 militarization facility at Pine Bluff Arsenal, Arkan7 sas); and

8 (3) $167,000,000 (the balance of the amount au9 thorized for construction of a chemical munitions de10 militarization facility at Umatilla Army Depot, Or11 egon).

12 SEC. 2406. TERMINATION OF AUTHORITY TO CARRY OUT

13 FISCAL YEAR 1993 PROJECT.

14 (a) TERMINATION OF AUTHORITY.—The table in sec15 tion 2401(a) of the Military Construction Authorization Act

16 for Fiscal Year 1993 (division B of Public Law 102–484;

17 106 Stat. 2599) is amended by striking out the item relat18 ing to Fitzsimons Army Medical Center, Colorado.

19 (b) CONFORMING AMENDMENTS.—(1) Subsection (a) of

20 section 2403 of such Act (106 Stat. 2600) is amended—

21 (A) in the matter above paragraph (1), by strik22 ing out ‘‘$2,567,146,000’’ and inserting in lieu thereof

23 ‘‘$2,565,146,000’’; and
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1 (B) in paragraph (1), by striking out

2 ‘‘$87,950,000’’ and inserting in lieu thereof

3 ‘‘$85,950,000’’.

4 (2) Subsection (c) of such section is amended—

5 (A) by inserting ‘‘and’’ at the end of paragraph

6 (4);

7 (B) by striking out ‘‘; and’’ at the end of para8 graph (5) and inserting lieu thereof a period; and

9 (C) by striking out paragraph (6).

10 SEC. 2407. COMMUNITY IMPACT ASSISTANCE WITH REGARD

11 TO NAVAL WEAPONS STATION, CHARLESTON,

12 SOUTH CAROLINA.

13 Of the amount appropriated pursuant to the author14 ization of appropriations in section 2405(a)(10)(B), the

15 Secretary of the Navy shall transfer $3,000,000 to the South

16 Carolina Department of Highways and Public Transpor17 tation. Funds transferred pursuant to this section shall be

18 used for making improvements to North Rhett Avenue,

19 Charleston, South Carolina.

20 SEC. 2408. PLANNING AND DESIGN FOR CONSTRUCTION IN

21 SUPPORT OF CONSOLIDATION OF OPER22 ATIONS OF THE DEFENSE FINANCE AND AC23 COUNTING SERVICE.

24 Of the amount authorized to be appropriated by sec25 tion 2405(a)(7), $6,000,000 shall be available for planning
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1 and design activities relating to military construction in

2 support of the consolidation of operations of the Defense Fi3 nance and Accounting Service.

4 TITLE XXV—NORTH ATLANTIC

5 TREATY ORGANIZATION IN6 FRASTRUCTURE

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

8 ACQUISITION PROJECTS.

9 The Secretary of Defense may make contributions for

10 the North Atlantic Treaty Organization Infrastructure Pro11 gram as provided in section 2806 of title 10, United States

12 Code, in an amount not to exceed the sum of the amount

13 authorized to be appropriated for this purpose in section

14 2502 and the amount collected from the North Atlantic

15 Treaty Organization as a result of construction previously

16 financed by the United States.

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

18 Funds are hereby authorized to be appropriated for fis19 cal years beginning after September 30, 1994, for contribu20 tions by the Secretary of Defense under section 2806 of title

21 10, United States Code, for the share of the United States

22 of the cost of projects for the North Atlantic Treaty Organi23 zation Infrastructure Program as authorized by section

24 2501, in the amount of $219,000,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1994, for the costs of

7 acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve Forces,

9 and for contributions therefor, under chapter 133 of title

10 10, United States Code (including the cost of acquisition

11 of land for those facilities), the following amounts:

12 (1) For the Department of the Army—

13 (A) for the Army National Guard of the

14 United States, $180,312,000; and

15 (B) for the Army Reserve, $37,870,000.

16 (2) For the Department of the Navy, for the

17 Naval and Marine Corps Reserve, $17,355,000.

18 (3) For the Department of the Air Force—

19 (A) for the Air National Guard of the Unit20 ed States, $240,003,000; and

21 (B) for the Air Force Reserve, $43,840,000.
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1 SEC. 2602. AUTHORIZATION OF CERTAIN NATIONAL GUARD

2 AND RESERVE PROJECTS FOR WHICH FUNDS

3 HAVE BEEN APPROPRIATED.

4 (a) FISCAL YEAR 1994 GUARD AND RESERVE

5 PROJECTS.—Section 2601 of the Military Construction Au6 thorization Act for Fiscal Year 1994 (division B of Public

7 Law 103–160; 107 Stat. 1878) is amended—

8 (1) in paragraph (1)(A), by striking out

9 ‘‘$283,483,000’’ and inserting in lieu thereof

10 ‘‘$287,958,000’’; and

11 (2) in paragraph (2), by striking out

12 ‘‘$25,013,000’’ and inserting in lieu thereof

13 ‘‘$33,713,000’’.

14 (b) FISCAL YEAR 1993 AIR NATIONAL GUARD

15 PROJECT.—Section 2601(3)(A) of the Military Construc16 tion Authorization Act for Fiscal Year 1993 (division B

17 of Public Law 102–484; 106 Stat. 2602) is amended by

18 striking out ‘‘$305,759,000’’ and inserting in lieu thereof

19 ‘‘$306,959,000’’.

20 TITLE XXVII—EXPIRATION OF

21 AUTHORIZATIONS

22 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

23 AMOUNTS REQUIRED TO BE SPECIFIED BY

24 LAW.

25 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

26 YEARS.—Except as provided in subsection (b), all author-
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1 izations contained in titles XXI through XXVI for military

2 construction projects, land acquisition, family housing

3 projects and facilities, and contributions to the North At4 lantic Treaty Organization Infrastructure program (and

5 authorizations of appropriations therefor) shall expire on

6 the later of—

7 (1) October 1, 1997; or

8 (2) the date of the enactment of an Act authoriz9 ing funds for military construction for fiscal year

10 1998.

11 (b) EXCEPTION.—Subsection (a) shall not apply to au12 thorizations for military construction projects, land acqui13 sition, family housing projects and facilities, and contribu14 tions to the North Atlantic Treaty Organization Infrastruc15 ture program (and authorizations of appropriations there16 for), for which appropriated funds have been obligated be17 fore the later of—

18 (1) October 1, 1997; or

19 (2) the date of the enactment of an Act authoriz20 ing funds for fiscal year 1998 for military construc21 tion projects, land acquisition, family housing

22 projects and facilities, or contributions to the North

23 Atlantic Treaty Organization Infrastructure program.
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1 SEC. 2702. EXTENSION OF AUTHORIZATION OF CERTAIN

2 FISCAL YEAR 1992 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701(b) of

4 the Military Construction Authorization Act for Fiscal Year

5 1992 (division B of Public Law 102–190; 105 Stat. 1535)

6 authorizations for the projects set forth in the tables in sub7 section (b), as provided in section 2101, 2301, or 2601 of

8 that Act, shall remain in effect until October 1, 1995, or

9 the date of the enactment of an Act authorizing funds for

10 military construction for fiscal year 1996, whichever is

11 later.

12 (b) TABLES.—The tables referred to in subsection (a)

13 are as follows:

Army: Extension of 1992 Project Authorizations

State Installation or

location Project Amount

Colorado.. Fort Carson ......... Family Housing New Construction (1 Unit) ........... $150,000

Georgia ... Fort Benning ....... General Instruction Facility ..................................... $2,150,000

Camp Merrill ....... Family Housing New Construction (40 units) ........ $4,550,000

Fort Stewart ........ Family Housing New Construction (120 units) ...... $9,700,000

Oregon .... Umatilla Depot Activity .................. Ammunition Demilitarization Support Facility.

$3,600,000

Umatilla Depot

Activity .............. Ammunition Demilitarization Utilities.$7,500,000
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Air Force: Extension of 1992 Project Authorization

State Installation or

location Project Amount

Alaska ..... Eareckson Air

Force Station

(formerly

Shemya Air

Force Station) ... Hazardous Materials Storage.$4,000,000

Army National Guard: Extension of 1992 Project

Authorizations

State Installation or

location Project Amount

California Stockton ............... Add/Alter Combined Support Maintenance Shop .. $1,613,000

District of

Columbia ......... Fort Belvoir ......... Army Aviation Support

Facility ............................ $2,765,000

Maryland Towson ................. Direct Logistics Warehouse $373,000

Cheltenham .......... Armory ............................... $3,300,000

Mississippi . West Point ........... Organizational Maintenance Shop ...................... $1,270,000

Tupelo .................. Organizational Maintenance Shop ...................... $992,000

Senatobia ............. Organizational Maintenance Shop ...................... $723,000

Nevada .... Washoe County .... Organizational Maintenance Shop ...................... $1,050,000

North

Carolina Camp Butler ........ Range, Modified Record

Fire .................................. $986,000

Rhode Island ...... Camp Varnum ..... Sewer and Water System . $578,000

Camp Fogarty ..... Armory ............................... $5,151,000

West Virginia ..... Huntington .......... Guard/Reserve Center ....... $2,983,000
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Army Reserve: Extension of 1992 Project Authorizations

State Installation or

location Project Amount

Massachusetts ....... Taunton ................. Reserve Center ................... $3,526,000

Ohio ........ Perrysburg ........... Reserve Center Addition ... $2,749,000

Pennsylvania ........ Johnstown .............. Army/Marine Corps Aviation Facility .................... $30,224,000

Tennessee Jackson ................. Joint Training Facility ... $1,537,000

West Virginia ..... Huntington .......... Guard and Reserve Center $6,617,000

1 SEC. 2703. CLARIFICATION OF EXTENSION OF AUTHORIZA2 TIONS OF CERTAIN FISCAL YEAR 1991

3 PROJECTS.

4 (a) CLARIFICATION.—The table relating to the exten5 sion of authorization of certain fiscal year 1991 projects

6 of the Defense Agencies in section 2702(b) of the Military

7 Construction Authorization Act for Fiscal Year 1994 (divi8 sion B of Public Law 103–160; 107 Stat. 1882) is amended

9 by inserting before the item relating to the Defense Logistics

10 Agency, Defense Reutilization and Marketing Office, Fort

11 Meade, Maryland, the following:

California Defense Language

Institute, Monterey ...................... Audio Visual Facility ....... $2,322,000

Defense Language

Institute, Monterey ...................... Print Plant ........................ $1,860,000

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect as if included in the provisions
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1 of the Military Construction Authorization Act for Fiscal

2 Year 1994 (Public Law 103–160; 107 Stat. 1822) to which

3 such amendment relates.

4 SEC. 2704. EXTENSION OF CERTAIN FISCAL YEAR 1991

5 PROJECTS.

6 (a) EXTENSIONS.—Notwithstanding section 2701(b) of

7 the Military Construction Authorization Act for Fiscal Year

8 1991 (division B of Public Law 101–510; 104 Stat. 1782),

9 authorizations for the projects set forth in the table in sub10 section (b) as provided in section 2401(a) of that Act and

11 extended by section 2702(a) of the Military Construction

12 Authorization Act for Fiscal Year 1992 (division B of Pub13 lic Law 102–190; 105 Stat. 1535) and section 2702 of the

14 Military Construction Authorization Act for Fiscal Year

15 1994 (division B of Public Law 103–160; 107 Stat. 1880),

16 as amended by section 2703 of this Act, shall remain in

17 effect until October 1, 1995, or the date of the enactment

18 of an Act authorizing funds for military construction for

19 fiscal year 1995, whichever is later.

20 (b) TABLE.—The table referred to in subsection (a) is

21 as follows:

Defense Agencies: Extension of 1991 Project Authorizations

State Installation or

location Project Amount

California Defense Language

Institute, Monterey.

Audio Visual Instructional

Media Facility ................ $2,322,000
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Defense Agencies: Extension of 1991 Project Authorizations—

Continued

State Installation or

location Project Amount

Defense Language

Institute, Monterey.

Print Plant ........................ $1,860,000

Maryland Defense Logistics

Agency, Defense

Reutilization

and Marketing

Office, Fort

Meade ................. Covered Storage ................. $9,500,000

1 SEC. 2705. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

3 take effect on the later of—

4 (1) October 1, 1994; or

5 (2) the date of the enactment of this Act.

6 TITLE XXVIII—GENERAL

7 PROVISIONS

8 Subtitle A—Military Construction

9 Program and Military Family

10 Housing Changes

11 SEC. 2801. CLARIFICATION OF REQUIREMENT FOR NOTIFI12 CATION OF CONGRESS OF IMPROVEMENTS IN

13 FAMILY HOUSING UNITS.

14 Section 2825(b) of title 10, United States Code, is

15 amended by adding at the end the following new paragraph:

16 ‘‘(3) The limitation contained in the first sentence of

17 paragraph (1) does not apply to a project for the improve18 ment of a family housing unit or units referred to in that
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1 sentence if the project (including the amount requested for

2 the project) is identified in the budget materials submitted

3 to Congress by the Secretary of Defense in connection with

4 the submission to Congress of the budget for a fiscal year

5 pursuant to section 1105 of title 31.’’.

6 SEC. 2802. AUTHORITY TO PAY CLOSING COSTS UNDER

7 HOMEOWNERS ASSISTANCE PROGRAM.

8 Section 1013(c) of the Demonstration Cities and Met9 ropolitan Development Act of 1966 (42 U.S.C. 3374(c)) is

10 amended by inserting after the first sentence the following:

11 ‘‘The Secretary may also pay a person who elects to receive

12 a cash payment under clause (1) of the preceding sentence

13 an amount that the Secretary determines appropriate to re14 imburse the person for the costs incurred by the person in

15 the sale of the property if the Secretary determines that such

16 payment will benefit the person and is in the best interest

17 of the Federal Government.’’.

18 Subtitle B—Base Closure Matters

19 SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE

20 CLOSURE PROCESS OF ADVANCE CONVER21 SION PLANNING UNDERTAKEN BY POTENTIAL

22 AFFECTED COMMUNITIES.

23 (a) DEPARTMENT OF DEFENSE RECOMMENDATIONS.—

24 Subsection (c)(3) of section 2903 of the Defense Base Closure
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1 and Realignment Act of 1990 (part A of title XXIX of Pub2 lic Law 101–510; 10 U.S.C. 2687 note) is amended—

3 (1) by inserting ‘‘(A)’’ before ‘‘In considering’’;

4 and

5 (2) by adding at the end the following new sub6 paragraph:

7 ‘‘(B) In considering military installations for closure

8 or realignment, the Secretary may not take into account

9 for any purpose any advance conversion planning under10 taken by an affected community with respect to the antici11 pated closure or realignment of an installation.

12 ‘‘(C) For purposes of subparagraph (B), in the case

13 of a community anticipating the economic effects of a clo14 sure or realignment of a military installation, advance con15 version planning—

16 ‘‘(i) shall include community adjustment and

17 economic diversification planning undertaken by the

18 community before an anticipated selection of a mili19 tary installation in or near the community for clo20 sure or realignment; and

21 ‘‘(ii) may include the development of contingency

22 redevelopment plans, plans for economic development

23 and diversification, and plans for the joint use (in24 cluding civilian and military use, public and private

25 use, civilian dual use, and civilian shared use) of the
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1 property or facilities of the installation after the an2 ticipated closure or realignment.’’.

3 (b) COMMISSION RECOMMENDATIONS.—Subsection

4 (d)(2) of such section is amended by adding at the end the

5 following:

6 ‘‘(E) In making recommendations under this para7 graph, the Commission may not take into account for any

8 purpose any advance conversion planning undertaken by

9 an affected community with respect to the anticipated clo10 sure or realignment of a military installation.’’.

11 SEC. 2812. CLARIFYING AND TECHNICAL AMENDMENTS TO

12 BASE CLOSURE LAWS.

13 (a) CLARIFICATION OF SCOPE OF TERMINATION OF

14 AUTHORITY UNDER 1988 ACT.—Section 202(c) of the De15 fense Authorization Amendments and Base Closure and Re16 alignment Act (Public Law 100–526; 10 U.S.C. 2687 note)

17 is amended—

18 (1) by striking out ‘‘The authority’’ and insert19 ing in lieu thereof ‘‘(1) Except as provided in para20 graph (2), the authority’’; and

21 (2) by adding at the end the following new para22 graph:

23 ‘‘(2) The termination of authority set forth in para24 graph (1) shall not apply to the authority of the Secretary

25 to carry out environmental restoration and waste manage-
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1 ment at, or disposal of property of, military installations

2 closed or realigned under this title.’’.

3 (b) USE OF UNOBLIGATED FUNDS IN 1988 ACCOUNT

4 FOR ENVIRONMENTAL RESTORATION AND PROPERTY DIS5 POSAL.—Section 207(a)(5) of such Act is amended—

6 (1) by striking out ‘‘Unobligated funds’’ and in7 serting in lieu thereof ‘‘(A) Except as provided in

8 subparagraph (B), unobligated funds’’; and

9 (2) by adding at the end the following new sub10 paragraph:

11 ‘‘(B) The Secretary may, after the termination of au12 thority referred to in subparagraph (A), use any unobli13 gated funds referred to in that subparagraph that are not

14 transferred in accordance with that subparagraph to carry

15 out environmental restoration and waste management at,

16 or disposal of property of, military installations closed or

17 realigned under this title.’’.

18 (c) CLARIFICATION OF DISPOSAL AUTHORITY.—

19 (1) UNDER 1988 ACT.—Section 204(b)(1) of such

20 Act is amended in the matter above paragraph (1) by

21 striking out ‘‘real property and facilities’’ and insert22 ing in lieu thereof ‘‘real property, facilities, and per23 sonal property’’.

24 (2) UNDER 1990 ACT.—Section 2905(b)(1) of the

25 Defense Base Closure and Realignment Act of 1990
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1 (part A of title XXIX of Public Law 101–510; 10

2 U.S.C. 2687 note) is amended in the matter above

3 paragraph (1) by striking out ‘‘real property and fa4 cilities’’ and inserting in lieu thereof ‘‘real property,

5 facilities, and personal property’’.

6 (d) DEFINITION OF REDEVELOPMENT AUTHORITY.—

7 (1) UNDER 1988 ACT.—Section 209(10) of the De8 fense Authorization Amendments and Base Closure

9 and Realignment Act (Public Law 100–526; 10

10 U.S.C. 2687 note) is amended by striking out ‘‘and

11 for’’ and inserting in lieu thereof ‘‘or for’’.

12 (2) UNDER 1990 ACT.—Section 2910(9) of the De13 fense Base Closure and Realignment Act of 1990

14 (part A of title XXIX of Public Law 101–510; 10

15 U.S.C. 2687 note) is amended by striking out ‘‘and

16 for’’ and inserting in lieu thereof ‘‘or for’’.

17 (3) EFFECTIVE DATE.—The amendments made

18 by paragraphs (1) and (2) shall take effect as if in19 cluded in the amendments made by 2918 of the Na20 tional Defense Authorization Act for Fiscal Year 1994

21 (Public Law 103–160; 107 Stat. 1927).

22 (e) TECHNICAL AMENDMENTS FOR INTERNAL CON23 SISTENCY.—

24 (1) 1988 ACT.—Section 204(b)(3) of the Defense

25 Authorization Amendments and Base Closure and Re-
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1 alignment Act (Public Law 100–526; 10 U.S.C. 2687

2 note) is amended—

3 (A) in subparagraph (A)(ii), by striking out

4 ‘‘determines to be related to real property and’’;

5 and

6 (B) in subparagraph (E), by striking out

7 ‘‘related’’ in the matter above clause (i).

8 (2) 1990 ACT.—Section 2905(b)(3)(A)(ii) of the

9 Defense Base Closure and Realignment Act of 1990

10 (part A of title XXIX of Public Law 101–510; 10

11 U.S.C. 2687 note) is amended by striking out ‘‘deter12 mines to be related to real property and’’.

13 (3) EFFECTIVE DATE.—The amendments made

14 by paragraphs (1) and (2) shall take effect as if in15 cluded in the amendments made by 2902 of the Na16 tional Defense Authorization Act for Fiscal Year 1994

17 (Public Law 103–160; 107 Stat. 1909).

18 SEC. 2813. SENSE OF SENATE ON THE ACTIVITIES OF THE

19 SECRETARY OF DEFENSE IN SUPPORT OF

20 COMMUNITIES AFFECTED BY BASE CLO21 SURES.

22 (a) FINDINGS.—The Senate makes the following find23 ings:
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1 (1) The closure or realignment of a major mili2 tary installation can cause severe economic disrup3 tion to the host community for the installation.

4 (2) Communities affected by the closure of a

5 major military installation under a base closure law

6 dedicate significant time, effort, and resources to

7 planning for the economic redevelopment of the instal8 lation.

9 (3) The Federal Government can ease the disrup10 tion caused by the closure of a military installation

11 by working cooperatively with the host community for

12 the installation to implement the community’s rede13 velopment plan for the installation.

14 (4) In recent years, the Federal Government has

15 not always provided sufficient assistance to commu16 nities affected by the closure of a military installation

17 under a base closure law in the efforts of such commu18 nities to provide for the economic redevelopment of the

19 installation.

20 (5) In July 1993, the President issued a five21 point plan for revitalizing base closure communities

22 which emphasized the economic recovery of commu23 nities affected by the closure of a military installation

24 under a base closure law.
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1 (6) In November 1993, Congress agreed to the

2 provisions of subtitle A of title XXIX of the National

3 Defense Authorization Act for Fiscal Year 1994 (Pub4 lic Law 103–160; 107 Stat. 1909), and the amend5 ments made thereunder, in order to implement the

6 plan referred to in paragraph (5) and to provide

7 other assistance to communities attempting to rede8 velop military installations approved for closure

9 under a base closure law.

10 (7) The Secretary of Defense is accepting public

11 comment on the guidelines for implementation of the

12 provisions of law referred to in paragraph (6).

13 (b) SENSE OF THE SENATE.—It is the sense of the Sen14 ate that the Secretary of Defense should—

15 (1) ensure that the regulations implementing the

16 provisions of subtitle A of title XXIX of the National

17 Defense Authorization Act for Fiscal Year 1994 (Pub18 lic Law 103–160; 107 Stat. 1909), and the amend19 ments made thereunder, reflect the intent of Congress

20 that, to the maximum extent practicable, the Sec21 retary take into consideration the redevelopment

22 plans of affected communities when taking actions or

23 implementing decisions on the closure of a military

24 installation approved for closure under a base closure

25 law;
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1 (2) ensure that the regulations implementing

2 such provisions reflect the intent of Congress to en3 courage and promote cooperation and dialogue be4 tween the Federal Government and communities af5 fected by the closure of an installation throughout the

6 base closure process; and

7 (3) develop a system of incentives or awards to

8 encourage Department of Defense personnel to provide

9 greater assistance to and cooperation with commu10 nities affected by the closure of an installation during

11 the ongoing effort of revitalizing the economy of such

12 communities.

13 Subtitle C—Land Transactions

14 Generally

15 SEC. 2821. LAND TRANSFER, HOLLOMAN AIR FORCE BASE,

16 NEW MEXICO.

17 (a) IN GENERAL.—Subject to subsections (c) through

18 (g), not later than 90 days after the date of enactment of

19 this Act, the Secretary of the Interior shall transfer to the

20 Department of the Air Force, without reimbursement, juris21 diction and control of approximately 1,262 acres of public

22 lands described in subsection (b). Such public lands are lo23 cated in Otero County, New Mexico, and are contiguous to

24 Holloman Air Force Base.
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1 (b) DESCRIPTION OF LANDS TRANSFERRED.—The

2 lands described in this subsection are as follows:

(1) T17S, R8E, Section 21: S1⁄2 N1⁄2: 160 acres

E1⁄2 NW1⁄4 NE1⁄4: 20 acres

NE1⁄4 NE1⁄4: 40 acres

(2) T17S, R8E, Section 22: W1⁄2: 320 acres

W1⁄2 E1⁄2: 160 acres

(3) T17S, R8E, Section 27: All that part north of New Mexico

Highway 70 except for the E1⁄2 E1⁄2

192 acres

more or

less

(4) T17S, R8E, Section 28: NE1⁄4: 160 acres

N1⁄2 SE1⁄4: 80 acres

SW1⁄4 SE1⁄4: 40 acres

W1⁄2 SE1⁄4 SE1⁄4: 20 acres

(5) T17S, R8E, Section 33: NW1⁄4 NE1⁄4: 40 acres

NW1⁄4 NE1⁄4 NE1⁄4: 10 acres

W1⁄2 SW1⁄4 NE1⁄4: 20 acres

3 (c) USE OF TRANSFERRED LAND.—The lands trans4 ferred to the Department of the Air Force under subsection

5 (a) shall be used by the Secretary of the Air Force for the

6 construction of new evaporation ponds to support a

7 wastewater treatment facility that the Secretary shall con8 struct at Holloman Air Force Base.

9 (d) CATTLE GRAZING RIGHTS.—

10 (1) IN GENERAL.—The United States recognizes

11 a grazing preference on the lands transferred to the

12 Department of the Air Force under subsection (a).

13 (2) ADJUSTMENT OF GRAZING ALLOTMENT.—(A)

14 The Secretary of the Air Force shall take such action

15 as is necessary to ensure that—

16 (i) the boundary of the grazing allotment

17 that contains the lands transferred to the De18 partment of the Air Force is adjusted in such

19 manner as to retain the portion of the allotment

20 located south of United States Highway 70 in
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1 New Mexico and remove the portion of the lands

2 that is located north of such highway; and

3 (ii) the grazing preference referred to in

4 paragraph (1) is retained by means of transfer5 ring the preference for the area removed from the

6 allotment under subparagraph (A) to public

7 lands located south of such highway.

8 (B) The Secretary of the Air Force shall offer to

9 enter into an agreement with each person who holds

10 a permit for grazing on the lands transferred to the

11 Department of the Air Force at the time of the trans12 fer to provide for the continued grazing by livestock

13 on the portion of the lands located south of such high14 way.

15 (e) ADDITIONAL REQUIREMENTS.—

16 (1) NATIONAL ENVIRONMENTAL POLICY ACT OF

17 1969.—The Secretary of the Air Force shall ensure

18 that the transfer made pursuant to subsection (a) and

19 the use specified in subsection (c) meet any applicable

20 requirements of the National Environmental Policy

21 Act of 1969 (42 U.S.C. 4321 et seq.).

22 (2) ENVIRONMENTAL LAWS.—The Secretary of

23 the Air Force shall use and manage the lands trans24 ferred under the authority in subsection (a) in such

25 manner as to ensure compliance with applicable envi-
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1 ronmental laws (including regulations) of the Federal

2 Government and State of New Mexico, and political

3 subdivisions thereof.

4 (3) RESPONSIBILITY FOR CLEANUP OF HAZARD5 OUS SUBSTANCES.—Notwithstanding any other provi6 sion of law, the Secretary of the Air Force shall, upon

7 the transfer of the lands under subsection (a), assume

8 any existing or subsequent responsibility and liability

9 for the cleanup of hazardous substances (as defined in

10 section 101(14) of the Comprehensive Environmental

11 Response, Compensation, and Liability Act of 1980

12 (42 U.S.C. 9601(14))) located on or within the lands

13 transferred.

14 (4) MINING.—The transfer of lands under sub15 section (a) shall be made in such manner as to ensure

16 the continuation of valid, existing rights under the

17 mining laws and the mineral leasing and geothermal

18 leasing laws of the United States. Subject to the pre19 ceding sentence, upon the transfer of the lands, min20 ing and mineral management activities shall be car21 ried out in the lands in a manner consistent with the

22 policies of the Department of Defense concerning min23 eral exploration and extraction on lands under the ju24 risdiction of the Department.
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1 (f) RIGHTS-OF-WAY.—The transfer of lands under sub2 section (a) shall not affect the following rights-of-way:

3 (1) The right-of-way granted to the Otero

4 County Electric Cooperative, numbered NMNM

5 58293.

6 (2) The right-of-way granted to U.S. West

7 Corporation, numbered NMNM 59261.

8 (3) The right-of-way granted to the High9 way Department of the State of New Mexico,

10 numbered LC0 54403.

11 (g) PUBLIC ACCESS.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the Secretary of the Air Force shall permit

14 public access to the lands transferred under subsection

15 (a).

16 (2) CONSTRUCTION SITE.—The Secretary of the

17 Air Force may not permit public access to the imme18 diate area affected by the construction of a

19 wastewater treatment facility in the area with the

20 legal description of T17S, R8E, Section 22, except

21 that the Secretary of the Air Force shall permit pub22 lic access on an adjoining unfenced parcel of land—

23 (A) located along the west boundary of such

24 area; and

25 (B) that is 50 feet in width.
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1 (3) PUBLIC USES.—Except as provided in para2 graph (2), the Secretary of the Air Force shall permit,

3 on the lands transferred under subsection (a), public

4 uses that are consistent with the public uses on adja5 cent lands under the jurisdiction of the Secretary of

6 the Interior.

7 (4) PERMIT NOT REQUIRED.—The Secretary of

8 the Air Force may not require a permit for access au9 thorized under this subsection to the lands transferred

10 under subsection (a).

11 (5) ENTRY GATE.—The Secretary of the Air

12 Force shall ensure that the entry gate to the lands

13 transferred under subsection (a) that is located along

14 United States Highway 70 shall be open to the public.

15 SEC. 2822. JOINT USE OF PROPERTY, PORT HUENEME, CALI16 FORNIA.

17 (a) AGREEMENT AUTHORIZED.—The Secretary of the

18 Navy may enter into an agreement with the Oxnard Harbor

19 District, Port Hueneme, California, a special district of the

20 State of California (in this section referred to as the ‘‘Dis21 trict’’), to provide for the joint use by Secretary and the

22 District of a parcel of real property consisting of approxi23 mately 25 acres, together with improvements thereto, that

24 comprises United States Navy Wharf Number 3, the loca-
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1 tion of the Naval Construction Battalion Center, Port Hue2 neme, California.

3 (b) PERIOD.—The agreement authorized under sub4 section (a) shall—

5 (1) be for an initial period of not more than 15

6 years; and

7 (2) contain an option for the District to extend

8 the agreement for three additional periods of 5 years

9 each.

10 (c) CONDITIONS.—The agreement authorized under

11 subsection (a) shall be subject to the following conditions:

12 (1) That the District suspend operations in the

13 joint use area during the periods when the Navy con14 ducts operations at the Naval Construction Battalion

15 Center.

16 (2) That the District carry out activities in the

17 joint use area in a manner that does not interfere

18 with the capability of the Secretary to carry out con19 tingency operations at the Naval Construction Battal20 ion Center.

21 (d) CONSIDERATION.—(1) As consideration for the use

22 of the real property under subsection (a), the District—

23 (A) shall pay to the Secretary the fair market

24 rental value (as determined by the Secretary) of the

25 District’s interest in the property; and
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1 (B) may be required to furnish additional con2 sideration as provided in paragraph (2).

3 (2) The Secretary may require that the agreement in4 clude a provision that the District—

5 (A) either—

6 (i) pay the Secretary an amount (as deter7 mined by the Secretary) equal to the cost to the

8 Navy of replacing at the Naval Construction

9 Battalion Center the facilities vacated by the

10 Navy in the joint use area; or

11 (ii) construct the replacement facilities for

12 the Navy; and

13 (B) pay the Secretary an amount (as determined

14 by the Secretary) equal to the cost to the Navy of relo15 cating Navy operations from the vacated facilities to

16 the replacement facilities.

17 (e) NOTICE AND WAIT REQUIREMENTS.—The Sec18 retary may not enter into the agreement authorized by sub19 section (a) until 21 days after the date on which the Sec20 retary submits to the Committees on Armed Services of the

21 Senate and the House of Representatives a report contain22 ing an explanation of the terms of the proposed agreement

23 and a description of the consideration that the Secretary

24 expects to receive under the agreement.
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1 (f) USE OF PROCEEDS.—(1) The Secretary may use

2 amounts received under subsection (d)(1)(A) to pay for gen3 eral supervision, administration and overhead expenses in4 curred by the Secretary under the agreement and for im5 provement, maintenance, repair, construction, or restora6 tion of the port operations area or of roads and railways

7 serving the area at the Naval Construction Battalion Cen8 ter.

9 (2) The Secretary may use amounts received under

10 subsection (d)(2) to pay for constructing new facilities, or

11 making modifications to existing facilities, that are nec12 essary to replace facilities vacated by the Navy in the joint

13 use area and for relocating operations of the Navy from

14 the vacated facilities to the replacement facilities.

15 (g) AUTHORITY TO REPLACE FACILITIES.—The Sec16 retary may authorize the District to demolish existing fa17 cilities in the joint use area and, consistent with the restric18 tions required by subsection (c)(2), construct new facilities

19 on the property for the joint use of the Navy and the Dis20 trict.

21 (h) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the real property subject to the

23 agreement authorized under this section shall be determined

24 by a survey that is satisfactory to the Secretary. The cost

25 of the survey shall be borne by the District.
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1 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the agreement authorized under this sec4 tion as the Secretary considers appropriate to protect the

5 interests of the United States.

6 SEC. 2823. LEASE OF PROPERTY, NAVAL RADIO RECEIVING

7 FACILITY, IMPERIAL BEACH, CORONADO,

8 CALIFORNIA.

9 (a) LEASE AUTHORIZED.—The Secretary of the Navy

10 may lease to the Young Men’s Christian Association of San

11 Diego County, a California nonprofit public benefit cor12 poration (in this section referred to as the ‘‘YMCA’’), such

13 interests in a parcel of real property (including any im14 provements thereon) consisting of approximately 45 acres

15 at the Naval Radio Receiving Facility, Imperial Beach,

16 Coronado, California, as the Secretary considers appro17 priate for the YMCA to operate and maintain a summer

18 youth residence camp known as the YMCA San Diego Uni19 fied Recreational Facility (Camp SURF). Pursuant to the

20 lease, the Secretary may authorize the YMCA to construct

21 facilities on the parcel.

22 (b) LEASE TERMS.—The lease authorized in subsection

23 (a) shall be for a period of 50 years, or such longer period

24 as the Secretary determines to be in the best interests of

25 the United States.
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1 (c) CONSIDERATION.—As consideration for the lease of

2 real property under subsection (a), the YMCA shall—

3 (1) agree to maintain and enhance the natural

4 resources of the leased premises; and

5 (2) pay to the United States an amount in cash

6 equal to the difference between the rental price pre7 scribed by the Secretary under subsection (d) and the

8 value of natural resources maintenance and enhance9 ments performed by the YMCA, as determined by the

10 Secretary.

11 (d) DETERMINATION OF RENTAL PRICE.—The Sec12 retary may prescribe a rental price for the real property

13 leased under subsection (a) that is less than the fair market

14 rental value of such property.

15 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the lease under subsection (a) as the Sec18 retary considers necessary to protect the operation of the

19 Naval Radio Receiving Facility, Imperial Beach, Coro20 nado, California, and to protect the interests of the United

21 States.
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1 SEC. 2824. RELEASE OF REVERSIONARY INTEREST ON CER2 TAIN PROPERTY IN YORK COUNTY AND

3 JAMES CITY COUNTY, VIRGINIA, AND NEW4 PORT NEWS, VIRGINIA.

5 (a) RELEASE AUTHORIZED.—The Secretary of the

6 Navy may release the reversionary interest of the United

7 States in the real property conveyed by the deed described

8 in subsection (b).

9 (b) DEED DESCRIPTION.—The deed referred to in sub10 section (a) is a deed between the United States and the

11 Commonwealth of Virginia dated August 17, 1966, which

12 conveyed to the Commonwealth of Virginia certain parcels

13 of land located in York County and James City County,

14 Virginia, and the city of Newport News, Virginia.

15 (c) ADDITIONAL TERMS.—The Secretary may require

16 such terms or conditions in connection with the release

17 under this section as the Secretary considers appropriate

18 to protect the interests of the United States and to ensure

19 that the real property will continue to be used for public

20 purposes.

21 (d) INSTRUMENT OF RELEASE.—The Secretary may

22 execute and file in the appropriate office or offices a deed

23 of release, amended deed, or other appropriate instrument

24 effectuating the release of the reversionary interest under

25 this section.
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1 SEC. 2825. LAND TRANSFER, FORT DEVENS, MASSACHU2 SETTS.

3 (a) TRANSFER.—Notwithstanding any other provision

4 of law and subject to subsection (b), the Secretary of the

5 Army shall transfer administrative jurisdiction of approxi6 mately 800 acres of land at Fort Devens, Massachusetts,

7 to the Secretary of the Interior for inclusion in the Oxbow

8 National Wildlife Refuge, Massachusetts.

9 (b) LIMITATION ON TRANSFER.—The Secretary of the

10 Army may not carry out the transfer referred to in sub11 section (a) unless the Secretary and the reuse authority for

12 Fort Devens for the purposes of the Defense Base Closure

13 and Realignment Act of 1990 (part A of title XXIX of Pub14 lic Law 101–510; 10 U.S.C. 2687 note), jointly determine

15 that the transfer of the land under this section is consistent

16 with the redevelopment plan prepared under section

17 2905(b) of such Act.

18 (c) ADMINISTRATION OF LAND.—The Secretary of the

19 Interior shall administer the land transferred under this

20 section in accordance with all laws applicable to areas in

21 the National Wildlife Refuge System.

22 (d) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the property to be transferred under

24 this section shall be determined by a survey satisfactory to

25 the Secretary of the Army and the Secretary of the Interior.
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1 SEC. 2826. LAND CONVEYANCE, CORNHUSKER ARMY AMMU2 NITION PLANT, HALL COUNTY, NEBRASKA.

3 (a) CONVEYANCE AUTHORIZED.—Subject to subsection

4 (b), the Secretary of the Army may convey to the Hall

5 County, Nebraska, Board of Supervisors (in this section re6 ferred to as the ‘‘Board’’), or the designee of the Board, all

7 right, title and interest of the United States in and to the

8 real property, together with any improvements thereon, lo9 cated in Hall County, Nebraska, the site of the Cornhusker

10 Army Ammunition Plant.

11 (b) REQUIREMENT RELATING TO CONVEYANCE.—The

12 Secretary may not carry out the conveyance authorized

13 under subsection (a) until the Secretary completes any envi14 ronmental restoration required with respect to the property

15 to be conveyed.

16 (c) UTILIZATION OF PROPERTY.—The Board or its

17 designee, as the case may be, shall utilize the real property

18 conveyed under subsection (a) in a manner consistent with

19 the Cornhusker Army Ammunition Plant Reuse Committee

20 Comprehensive Reuse Plan.

21 (d) CONSIDERATION.—In consideration for the convey22 ance under subsection (a), the Board or its designee, as the

23 case may be, shall pay to the United States an amount

24 equal to the fair market value of the real property to be

25 conveyed, as determined by the Secretary.
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1 (e) USE OF PROCEEDS.—(1) The Secretary shall de2 posit in the special account established under section

3 204(h)(2) of the Federal Property and Administrative Serv4 ices Act of 1949 (40 U.S.C. 485(h)) the amount received

5 from the Board or its designee under subsection (d).

6 (2) Notwithstanding subparagraph (A) of such section

7 204(h)(2), the Secretary may use the entire amount depos8 ited in the account under paragraph (1) for the purposes

9 set forth in subparagraph (B) of such section 204(h)(2).

10 (f) DESCRIPTION OF PROPERTY.—The exact acreage

11 and legal description of the property conveyed under this

12 section shall be determined by a survey satisfactory to the

13 Secretary. The cost of the survey shall be borne by the Board

14 or its designee, as the case may be.

15 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec16 retary may require such additional terms and conditions

17 in connection with the conveyance under this section as the

18 Secretary considers appropriate to protect the interests of

19 the United States.

20 SEC. 2827. TRANSFER OR CONVEYANCE OF CERTAIN PAR21 CELS OF PROPERTY THROUGH GENERAL

22 SERVICES ADMINISTRATION.

23 (a) IN GENERAL.—(1) Subject to paragraph (2), the

24 Administrator of General Services shall—
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1 (A) transfer jurisdiction over all or a portion of

2 a parcel of real property described in subsection (b)

3 to another executive agency if the Administrator de4 termines under subsection (c) that the transfer of ju5 risdiction to the agency is appropriate;

6 (B) convey all or a portion of such a parcel to

7 a State or local government or nonprofit organization

8 if the Administrator determines under subsection (d)

9 that the conveyance to the government or organization

10 is appropriate; or

11 (C) convey all or a portion of such a parcel to

12 the entity specified to receive the conveyance under

13 subsection (e) in accordance with that subsection.

14 (2) The Administrator shall carry out an action re15 ferred to in subparagraph (A), (B), or (C) of paragraph

16 (1) only upon direction by the Secretary of Defense. The

17 Secretary shall make the direction, if at all, in accordance

18 with subsection (g).

19 (3) Upon the direction of the Secretary of Defense, the

20 Secretary of the military department concerned shall trans21 fer jurisdiction over an appropriate portion of a parcel of

22 real property referred to in paragraph (1) to the Adminis23 trator in order to permit the Administrator to carry out

24 the transfer of jurisdiction over or conveyance of the portion

25 of the parcel under this section.
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1 (b) COVERED PROPERTY.—(1) The parcels of real

2 property referred to in subsection (a)(1) are the following:

3 (A) A parcel of real property, including any im4 provements thereon, consisting of approximately 337

5 acres and located in Tulsa, Oklahoma, the location of

6 Air Force Plant No. 3.

7 (B) A parcel of real property, including any im8 provements thereon, consisting of approximately 2,900

9 acres and located in Calverton, New York, the loca10 tion of the Naval Weapons Industrial Reserve Plant.

11 (C) A parcel of real property, including any im12 provements thereon, located in Johnson City

13 (Westover), New York, the location of Air Force Plant

14 No. 59.

15 (D) A parcel of real property, including any im16 provements thereon, consisting of approximately 4

17 acres and located in Dickinson, North Dakota, the lo18 cation of a support complex, recreational facilities,

19 and housing facilities for the Radar Bomb Scoring

20 Site, Dickinson, North Dakota.

21 (E) A parcel of real property, including any im22 provements thereon, consisting of approximately 12

23 acres and located west of Finley, North Dakota, the

24 location of a support complex, recreational facilities,

25 and housing facilities for the Finley Air Force Sta-
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1 tion and Radar Bomb Scoring Site, Finley, North

2 Dakota.

3 (F) A parcel of property, including any im4 provements thereon, consisting of approximately 440

5 acres located at the Hawthorne Army Ammunition

6 Plant, Mineral County, Nevada, and commonly re7 ferred to as the Babbitt Housing Site.

8 (G) A parcel of real property, including any im9 provements thereon and the pier associated therewith,

10 consisting of approximately 118 acres and located in

11 Harpswell, Maine, the location of the Defense Fuel

12 Supply Point, Casco Bay, Maine.

13 (2) The exact acreage and legal description of the real

14 property referred to in paragraph (1) that is transferred

15 or conveyed under this section shall be determined by a sur16 vey satisfactory to the Secretary of the military department

17 concerned. The cost of the survey shall be borne by the Sec18 retary concerned. The transferee or conveyee, if any, of the

19 property under this section shall reimburse the Secretary

20 concerned for the cost borne by that Secretary for the survey

21 of the property.

22 (c) DETERMINATION OF TRANSFEREES.—(1) Subject

23 to subsection (a)(2), the Administrator shall transfer juris24 diction over all or a portion of a parcel of real property

25 referred to in subsection (b)(1) to an executive agency if
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1 the Administrator determines under this subsection that the

2 transfer is appropriate.

3 (2) Not later than 5 days after the date of the enact4 ment of this Act, the Administrator shall inform the heads

5 of the executive agencies of the availability of the parcels

6 of real property referred to in subsection (b)(1).

7 (3) The head of an executive agency having an interest

8 in obtaining jurisdiction over any portion of a parcel of

9 real property referred to in paragraph (2) shall notify the

10 Administrator, in writing, of the interest within such time

11 as the Administrator shall specify with respect to the parcel

12 in order to permit the Administrator to determine under

13 paragraph (4) whether the transfer of jurisdiction to the

14 agency is appropriate.

15 (4)(A) The Administrator shall—

16 (i) evaluate in accordance with section 202(a) of

17 the Federal Property and Administrative Services Act

18 of 1949 (40 U.S.C. 483(a)) the notifications of inter19 est, if any, received under paragraph (3) with respect

20 to a parcel of real property; and

21 (ii) determine in accordance with that section

22 the executive agency, if any, to which the transfer of

23 jurisdiction is appropriate.

24 (B) The Administrator shall complete the determina25 tion under subparagraph (A) with respect to a parcel not
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1 later than 30 days after informing the heads of the executive

2 agencies of the availability of the parcel.

3 (d) DETERMINATION OF CONVEYEES.—(1) Subject to

4 subsection (a)(2), the Administrator shall convey all right,

5 title, and interest of the United States in and to all or a

6 portion of a parcel of real property referred to in paragraph

7 (2) to a government or organization referred to in para8 graph (3) if the Administrator determines under this sub9 section that the conveyance is appropriate.

10 (2) Paragraph (2) applies to any portion of a parcel

11 of real property referred to in subsection (b)(1)—

12 (A) for which the Administrator receives no noti13 fication of interest from the head of an executive

14 agency under subsection (c); or

15 (B) with respect to which the Administrator de16 termines under paragraph (4)(B) of that subsection

17 that a transfer of jurisdiction under this section

18 would not be appropriate.

19 (3)(A) In the case of the property referred to in para20 graph (2), the governments and organizations referred to

21 in that paragraph are the following:

22 (i) The State government of the State in which

23 the property is located.
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1 (ii) Local governments affected (as determined

2 by the Administrator) by operations of the Depart3 ment of Defense at the property.

4 (iii) Nonprofit organizations located in the vi5 cinity of the property and eligible under Federal law

6 to be supported through the use of Federal surplus

7 real property.

8 (B) In this paragraph, the term ‘‘nonprofit organiza9 tion’’ means any organization listed in subsection (c)(3) of

10 section 501 of the Internal Revenue Code of 1986 (26 U.S.C.

11 501) that is exempt from taxation under subsection (a) of

12 that section.

13 (4) Not later than 5 days after completing the deter14 mination under subsection (c)(4)(B), the Administrator

15 shall determine what, if any, parcels of property referred

16 to in subsection (b)(1) are available for conveyance under

17 this subsection and shall inform the appropriate govern18 ments and organizations of the availability of the parcels

19 for conveyance under this section.

20 (5) A government or organization referred to in para21 graph (4) shall notify the Administrator, in writing, of the

22 interest of the government or organization, as the case may

23 be, in the conveyance of all or a portion of the parcel of

24 real property concerned to the government or organization.

25 The government or organization shall notify the Adminis-
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1 trator within such time as the Administrator shall specify

2 with respect to the parcel in order to permit the Adminis3 trator to determine under paragraph (6) whether the con4 veyance of the parcel to the government or organization,

5 as the case may be, is appropriate.

6 (6)(A) The Administrator shall—

7 (i) evaluate in accordance with section 203 of the

8 Federal Property and Administrative Services Act of

9 1949 (40 U.S.C. 484) the notifications, if any, re10 ceived under paragraph (5) with respect to a parcel

11 of real property; and

12 (ii) determine in accordance with that section

13 the government or organization, if any, to which the

14 conveyance is appropriate.

15 (B) The Administrator shall complete the determina16 tion under subparagraph (A) with respect to a parcel not

17 later than 70 days after notifying the governments and or18 ganizations concerned of the availability of the parcel for

19 conveyance.

20 (e) ADDITIONAL CONVEYANCE AUTHORITY.—(1) Sub21 ject to subsection (g)(2), the Administrator shall, in lieu

22 of transferring jurisdiction over or conveying the parcels

23 of real property referred to in subsection (b)(1) in accord24 ance with subsections (c) and (d), convey all or a portion

25 of such parcels as follows:
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1 (A) In the case of the parcel referred to in sub2 paragraph (A) of subsection (b)(1), by conveying

3 without consideration all right, title, and interest of

4 the United States in and to the parcel to the City of

5 Tulsa, Oklahoma.

6 (B) In the case of the parcel referred to in sub7 paragraph (B) of that subsection, by conveying with8 out consideration all right, title, and interest of the

9 United States in and to the parcel to any economic

10 development authority that the Governor of New York

11 determines appropriate and identifies as such for the

12 Administrator.

13 (C) In the case of the parcel referred to in sub14 paragraph (C) of that subsection, by conveying with15 out consideration all right, title, and interest of the

16 United States in and to the parcel to the Broome

17 County Industrial Development Authority.

18 (D) In the case of the parcel referred to in sub19 paragraph (D) of that subsection, by conveying with20 out consideration all right, title, and interest of the

21 United States in and to the parcel to the North Da22 kota Board of Higher Education.

23 (E) In the case of the parcel referred to in sub24 paragraph (E) of that subsection, by conveying with25 out consideration all right, title, and interest of the
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1 United States in and to the parcel to the City of Fin2 ley, North Dakota.

3 (F) In the case of the parcel referred to in sub4 paragraph (F) of that subsection, by conveying with5 out consideration all right, title, and interest of the

6 United States in and to the parcel to the government

7 of Mineral County, Nevada.

8 (G) In the case of the parcel referred to in sub9 paragraph (F) of that subsection, by conveying with10 out consideration all right, title, and interest of the

11 United States in and to the parcel to the Town of

12 Harpswell, Maine.

13 (2) The Administrator may require such additional

14 terms and conditions in connection with a conveyance

15 under this subsection as the Administrator and the Sec16 retary of Defense jointly consider appropriate to protect the

17 interests of the United States.

18 (f) REPORT BY ADMINISTRATOR.—(1) Not later than

19 125 days after the date of the enactment of this Act, the

20 Administrator shall submit to the Committees on Armed

21 Services of the Senate and House of Representatives and

22 to the Secretary of Defense a report on the activities of the

23 Administrator under this section.
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1 (2) The report shall include with respect to each parcel

2 of real property referred to in subsection (b)(1) the following

3 information:

4 (A) The interest, if any, for all or a portion of

5 the parcel that was expressed by executive agencies

6 under subsection (c) or by governments or nonprofit

7 organizations under subsection (d).

8 (B) The use, if any, proposed for the portion of

9 the parcel under each expression of interest.

10 (C) The determination of the Administrator

11 whether a transfer or conveyance of all or a portion

12 of the parcel, as the case may be, to the agency, gov13 ernment, or organization was appropriate.

14 (D) The other disposal options, if any, that the

15 Administrator has identified for the parcel.

16 (E) Any other matters that the Administrator

17 considers appropriate.

18 (g) DESIGNATION OF AUTHORITY TO BE USED.—(1)

19 If the Administrator submits the report required under sub20 section (f) within the time specified in that subsection, the

21 Secretary of Defense may direct the Administrator under

22 subsection (a)(2) to carry out the transfer or conveyance

23 under subsection (c) or (d) of all or a portion of a parcel

24 of property referred to in subsection (b)(1) in accordance

25 with the determinations made by the Administrator with
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1 respect to the transfer or conveyance of the parcel under

2 subsection (c) or (d), respectively.

3 (2) If the Administrator does not submit the report re4 quired under subsection (f) within the time specified in that

5 subsection, the Secretary may direct the Administrator to

6 carry out the conveyances of the parcels of property that

7 are authorized under subsection (e) in accordance with such

8 subsection (e).

9 Subtitle D—Changes to Existing

10 Land Transaction Authority

11 SEC. 2831. MODIFICATIONS OF LAND CONVEYANCE, FORT

12 A.P. HILL MILITARY RESERVATION, VIRGINIA.

13 (a) PARTICIPATION OF ADDITIONAL POLITICAL SUB14 DIVISIONS IN REGIONAL CORRECTIONAL FACILITY.—Sub15 paragraph (B) of subsection (c)(3) of section 603 of the Per16 sian Gulf Conflict Supplemental Authorization and Person17 nel Benefits Act of 1991 (Public Law 102–25; 105 Stat.

18 108) is amended to read as follows:

19 ‘‘(B) Subparagraph (A) shall not be construed to pro20 hibit any political subdivision not named in such subpara21 graph from—

22 ‘‘(i) participating initially in the written agree23 ment referred to in paragraph (2); or

24 ‘‘(ii) agreeing at a later date to participate as

25 a member of the governmental entity referred to in
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1 paragraph (2)(A), or by contract with such entity, in

2 the construction or operation of the regional facility

3 to be constructed on the parcel of land conveyed under

4 this section.’’.

5 (b) TIME FOR CONSTRUCTION AND OPERATION OF

6 CORRECTIONAL FACILITY.—(1) Subsection (d)(1)(A)(i) of

7 such section is amended by striking out ‘‘not later than 24

8 months after the date of the enactment of this Act’’ and in9 serting in lieu thereof ‘‘not later than April 1, 1997’’.

10 (2) The Secretary of the Army shall provide the recipi11 ent of the conveyance of property under section 603 of such

12 Act with such legal instrument as is appropriate to modify,

13 in accordance with the amendment made by paragraph (1),

14 any statement of conditions contained in any existing in15 strument which conveyed the property to that recipient. The

16 Secretary shall record the instrument in the appropriate

17 office or officers of the Commonwealth of Virginia or politi18 cal subdivision within the Commonwealth.

19 SEC. 2832. MODIFICATION OF CONVEYANCE OF ELEC20 TRICITY DISTRIBUTION SYSTEM, FORT DIX,

21 NEW JERSEY.

22 Section 2846 of the Military Construction Authoriza23 tion Act for Fiscal Year 1994 (division B of Public Law

24 103–160; 107 Stat. 1904) is amended—

25 (1) by striking out subsection (f); and
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1 (2) by redesignating subsections (g) and (h) as

2 subsections (f) and (g), respectively.

3 SEC. 2833. MODIFICATION OF LAND CONVEYANCE, FORT

4 KNOX, KENTUCKY.

5 Section 2816 of the Military Construction Authoriza6 tion Act for Fiscal Years 1990 and 1991 (division B of Pub7 lic Law 101–189; 103 Stat. 1655) is amended—

8 (1) in subsection (c), by striking out ‘‘for the

9 construction of up to four units of military family

10 housing at Fort Knox, Kentucky’’ and inserting in

11 lieu thereof ‘‘for improvements to military family

12 housing at Fort Knox, Kentucky, in an amount not

13 to exceed $255,000’’;

14 (2) by striking out subsection (d); and

15 (3) by redesignating subsections (e) and (f) as

16 subsections (d) and (e), respectively.

17 SEC. 2834. PRESERVATION OF CALVERTON PINE BARRENS,

18 NAVAL WEAPONS INDUSTRIAL RESERVE

19 PLANT, NEW YORK, AS NATURE PRESERVE.

20 (a) PRESERVATION AS NATURE PRESERVE RE21 QUIRED.—Section 2854 of the Military Construction Au22 thorization Act for Fiscal Year 1993 (division B of Public

23 Law 102–484; 106 Stat. 2626) is amended—

24 (1) by redesignating subsections (a) and (b) as

25 subsections (c) and (d); and
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1 (2) by inserting before subsection (c), as so redes2 ignated, the following new subsections (a) and (b):

3 ‘‘(a) PURPOSE.—It is the purpose of this section to en4 sure that the Calverton Pine Barrens is maintained and

5 preserved, in perpetuity, as a nature preserve in its current

6 undeveloped state.

7 ‘‘(b) PROHIBITION ON INCONSISTENT DEVELOP8 MENT.—(1) The Secretary of the Navy may not carry out

9 or permit any commercial or residential development of the

10 property referred to in paragraph (2) that is inconsistent

11 with the purpose specified in subsection (a).

12 ‘‘(2) Paragraph (1) applies to any parcel of real prop13 erty within the Calverton Pine Barrens that is under the

14 jurisdiction of the Secretary.’’.

15 (b) CONFORMING AMENDMENTS.—Subsection (c) of

16 such section, as redesignated by subsection (a)(1), is amend17 ed—

18 (1) by striking out ‘‘PROHIBITION.—’’ and

19 inserting in lieu thereof ‘‘REVERSIONARY INTER20 EST.—’’; and

21 (2) by striking out ‘‘for commercial purposes’’

22 and all that follows through the period and inserting

23 in lieu thereof ‘‘in a manner inconsistent with the

24 purpose specified in subsection (a) (as determined by
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1 the head of the department or agency making the con2 veyance).’’.

3 Subtitle E—Other Matters

4 SEC. 2841. JOINT CONSTRUCTION CONTRACTING FOR COM5 MISSARIES AND NONAPPROPRIATED FUND

6 INSTRUMENTALITY FACILITIES.

7 (a) SINGLE CONTRACT CONSTRUCTION.—Section 2685

8 of title 10, United States Code, is amended by adding at

9 the end the following new subsection:

10 ‘‘(d)(1) The Secretary of a military department may

11 authorize a nonappropriated fund instrumentality of the

12 United States to enter into a contract for construction of

13 a shopping mall or similar facility for a commissary store

14 and one or more nonappropriated fund instrumentality ac15 tivities. The Secretary may use the proceeds of adjustments

16 or surcharges authorized by subsection (a) to reimburse the

17 nonappropriated fund instrumentality for the portion of the

18 cost of the contract that is attributable to construction of

19 the commissary store or to pay the contractor directly for

20 that portion of such cost.

21 ‘‘(2) In paragraph (1), the term ‘construction’, with

22 respect to a facility, includes acquisition, conversion, ex23 pansion, installation, or other improvement of the facil24 ity.’’.
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1 (b) OBLIGATION OF ANTICIPATED PROCEEDS.—Sub2 section (c) of such section is amended by inserting ‘‘or (d)’’

3 after ‘‘subsection (b)’’ both places it appears.

4 SEC. 2842. NATIONAL GUARD FACILITY CONTRACTS SUB5 JECT TO PERFORMANCE SUPERVISION BY

6 THE ARMY OR THE NAVY.

7 (a) CONTRACTS SUBJECT TO SUPERVISION.—Sub8 section (a) of section 2237 of title 10, United States Code,

9 is amended by striking out ‘‘under any provision’’ and all

10 that follows through ‘‘and (4)’’ and inserting in lieu thereof

11 ‘‘under section 2233(a)(1)’’.

12 (b) CONFORMING AMENDMENT.—Subsection (b) of such

13 section is amended by striking out ‘‘or (4)’’ and inserting

14 in lieu thereof ‘‘(4), (5), or (6)’’.

15 SEC. 2843. WAIVER OF REPORTING REQUIREMENTS FOR

16 CERTAIN REAL PROPERTY TRANSACTIONS IN

17 THE EVENT OF WAR OR NATIONAL EMER18 GENCY.

19 Section 2662 of title 10, United States Code, is amend20 ed by adding at the end the following:

21 ‘‘(g)(1) Subsections (a) and (e) do not apply—

22 ‘‘(A) during a period described in paragraph

23 (2); or

24 ‘‘(B) to transactions described in such sub25 sections that are undertaken to restore Federal Gov-
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1 ernment operations, to provide public assistance or

2 relief, or to restore public order in relation to a major

3 disaster declared in accordance with the Robert T.

4 Stafford Disaster Relief and Emergency Assistance

5 Act (42 U.S.C. 5121 et seq.).

6 ‘‘(2) The periods referred to in paragraph (1)(A) are

7 as follows:

8 ‘‘(A) A period of war declared by Congress.

9 ‘‘(B) A period of national emergency declared by

10 the President in accordance with the National Emer11 gencies Act (50 U.S.C. 1601 et seq.)

12 ‘‘(3) Not later than 30 days after taking an action for

13 which prior notification would, except for this subsection,

14 otherwise be required under subsection (a) or (e), the Sec15 retary of the military department concerned or, in the case

16 of an element of the Department of Defense not within a

17 military department, the Secretary of Defense shall submit

18 to the Committees on Armed Services of the Senate and the

19 House of Representatives a report on the action taken.’’.

20 SEC. 2844. REPORT ON USE OF FUNDS FOR ENVIRON21 MENTAL RESTORATION AT CORNHUSKER

22 ARMY AMMUNITION PLANT, HALL COUNTY,

23 NEBRASKA.

24 (a) REPORT REQUIRED.—The Secretary of the Army

25 shall submit to Congress a report describing the manner
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1 in which funds available to the Army for operation and

2 maintenance (including funds in the Defense Environ3 mental Restoration Account established under section

4 2703(a)(1) of title 10, United States Code) will be used by

5 the Secretary for environmental restoration and mainte6 nance of the real property that comprises the Cornhusker

7 Army Ammunition Plant, Hall County, Nebraska.

8 (b) CONTENTS.—The report shall include the following:

9 (1) The funding plan for environmental restora10 tion at the Cornhusker Army Ammunition Plant.

11 (2) A legal opinion stating whether any portion

12 of the funds to be used for such environmental restora13 tion may be used for the repair of the roads at the

14 Plant in order to bring such roads into compliance

15 with applicable State and local public works codes.

16 (3) A survey of the roads at the Plant that iden17 tifies which roads, if any, are in need of repair in

18 order to bring the roads at the Plant into compliance

19 with such codes.

20 (4) An estimate of the cost of the repair of the

21 roads referred to in paragraph (3) in order to bring

22 the roads into compliance.

23 (5) An explanation of the purpose, cost, and

24 source of funds for any proposed preservation of docu25 ments or other materials relating to the cultural, his-
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1 torical, and natural resources associated with the

2 Plant.

3 (c) SUBMISSION OF REPORT.—The Secretary shall

4 submit the report required by this section not later than

5 May 1, 1995.

6 SEC. 2845. DEPARTMENT OF DEFENSE LABORATORY REVI7 TALIZATION DEMONSTRATION PROGRAM.

8 (a) PROGRAM REQUIRED.—The Secretary of Defense

9 shall carry out a Department of Defense Laboratory Revi10 talization Demonstration Program. Under the program the

11 Secretary may carry out minor military construction

12 projects in accordance with subsection (b) and other appli13 cable law to improve Department of Defense laboratories

14 covered by the program.

15 (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO

16 MINOR CONSTRUCTION PROJECTS.—For purpose of any

17 military construction project carried out under the pro18 gram—

19 (1) the amount provided in subsection (a)(1) of

20 section 2805 of title 10, United States Code, shall be

21 deemed to be $3,000,000;

22 (2) the amount provided in subsection (b)(1) of

23 such section shall be deemed to be $1,500,000; and

24 (3) the amount provided in subsection (c)(1) of

25 such section shall be deemed to be $1,000,000.
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1 (c) DESIGNATION OF COVERED LABORATORIES.—Not

2 later than 30 days before commencing the program, the Sec3 retary shall designate the Department of Defense labora4 tories that are to be covered by the program and notify Con5 gress of the laboratories so designated. Only the designated

6 laboratories may be covered by the program.

7 (d) REPORT.—Not later than September 30, 1998, the

8 Secretary shall submit to Congress a report on the program.

9 The report shall include the Secretary’s conclusions and rec10 ommendations regarding the desirability and feasibility of

11 extending the authority set forth in subsection (b) to cover

12 all Department of Defense laboratories.

13 (e) EXCLUSIVITY OF PROGRAM.—Nothing in this sec14 tion may be construed to limit any other authority provided

15 by law for any military construction project at a Depart16 ment of Defense laboratory covered by the program.

17 (f) DEFINITIONS.—In this section:

18 (1) The term ‘‘laboratory’’ includes—

19 (A) a research, engineering, and develop20 ment center;

21 (B) a test and evaluation activity owned,

22 funded, and operated by the Federal Government

23 through the Department of Defense; and

24 (C) a supporting facility of a laboratory.
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1 (2) The term ‘‘supporting facility’’, with respect

2 to a laboratory, means any building or structure that

3 is used in support of research, development, test, and

4 evaluation at a laboratory.

5 (3) The term ‘‘Department of Defense labora6 tory’’ does not include a contractor owned laboratory.

7 (g) EXPIRATION OF AUTHORITY.—The Secretary may

8 not carry out the program after September 30, 1999.

9 SEC. 2846. AGREEMENTS OF SETTLEMENT FOR RELEASE OF

10 IMPROVEMENTS AT OVERSEAS MILITARY IN11 STALLATIONS.

12 (a) AGREEMENTS SUBJECT TO OMB REVIEW.—Sub13 section (g) of section 2921 of the Military Construction Au14 thorization Act for Fiscal Year 1991 (division B of Public

15 Law 101–510; 10 U.S.C. 2687 note) is amended by insert16 ing after the first sentence the following: ‘‘The prohibition

17 set forth in the preceding sentence shall apply only to agree18 ments of settlement for improvements having a value in ex19 cess of $10,000,000.’’.

20 (b) REPORTS TO CONGRESS.—Such subsection, as

21 amended by subsection (a), is further amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

23 Defense’’; and

24 (2) by adding at the end the following:
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1 ‘‘(2) Each year, the Secretary shall submit to the Com2 mittees on Armed Services of the Senate and the House of

3 Representatives a report on each proposed agreement of set4 tlement that was not submitted by the Secretary to the Di5 rector of the Office of Management and Budget in the pre6 vious year under paragraph (1) because the value of the

7 improvements to be released pursuant to the proposed agree8 ment did not exceed $10,000,000.’’.

9 SEC. 2847. REVISIONS TO RELEASE OF REVERSIONARY IN10 TEREST, OLD SPANISH TRAIL ARMORY, HAR11 RIS COUNTY, TEXAS.

12 (a) CLERICAL AMENDMENTS.—Section 2820 of the

13 Military Construction Authorization Act for Fiscal Year

14 1994 (division B of Public Law 103–160; 107 Stat. 1894)

15 is amended—

16 (1) in subsection (a), by striking out ‘‘1936’’ and

17 inserting in lieu thereof ‘‘1956’’; and

18 (2) in subsection (b)(1), by striking out ‘‘value’’

19 and inserting in lieu thereof ‘‘size’’.

20 (b) PAYMENT FOR SURVEY.—Subsection (c) of such

21 section is amended by adding at the end the following: ‘‘The

22 cost of the survey shall be borne by the State of Texas.’’.
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1 SEC. 2848. TRANSFER OF JURISDICTION, AIR FORCE HOUS2 ING AT RADAR BOMB SCORING SITE, HOL3 BROOK, ARIZONA.

4 (a) TRANSFER AUTHORIZED.—As part of the closure

5 of an Air Force Radar Bomb Scoring Site located near Hol6 brook, Arizona, the Secretary of the Air Force may transfer

7 without reimbursement the administrative jurisdiction, ac8 countability and control of the housing units and associated

9 support facilities used in connection with the site to the

10 Secretary of the Interior for use in connection with the Pet11 rified Forest National Park.

12 (b) DESCRIPTION OF PROPERTY.—The exact acreage

13 and legal description of the real property to be transferred

14 under subsection (a) shall be determined by a survey satis15 factory to the Secretary of the Air Force and the Secretary

16 of the Interior.

17 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec18 retary of the Air Force may require such additional terms

19 and conditions in connection with the transfer of real prop20 erty under subsection (a) as the Secretary considers appro21 priate.
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1 SEC. 2849. ASSISTANCE FOR PUBLIC PARTICIPATION IN DE2 FENSE ENVIRONMENTAL RESTORATION AC3 TIVITIES.

4 (a) ESTABLISHMENT OF RESTORATION ADVISORY

5 BOARDS.—Section 2705 of title 10, United States Code, is

6 amended by adding after subsection (c) the following:

7 ‘‘(d) RESTORATION ADVISORY BOARD.—(1) In lieu of

8 establishing a technical review committee under subsection

9 (c), the Secretary may permit the establishment of a res10 toration advisory board in connection with any installation

11 (or group of nearby installations) where the Secretary is

12 planning or implementing environmental restoration ac13 tivities.

14 ‘‘(2) The Secretary shall prescribe regulations regard15 ing the characteristics, composition, funding and establish16 ment of restoration advisory boards pursuant to this sub17 section, if the Secretary decides to use this authority. Pre18 scription of regulations shall not be a precondition to estab19 lishment of a restoration advisory board or impact restora20 tion advisory board established prior to the date of enact21 ment of this section.

22 ‘‘(3) The Secretary may provide for the payment of

23 routine administrative expenses of a restoration advisory

24 board from funds available for the operation and mainte25 nance of the installation (or installations) for which the
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1 board is established or from the funds available under sub2 section (e)(4).’’.

3 (b) ASSISTANCE FOR CITIZEN PARTICIPATION ON

4 TECHNICAL REVIEW BOARDS AND RESTORATION ADVISORY

5 BOARDS.—Such section is further amended by adding after

6 subsection (d), as added by subsection (a), the following:

7 ‘‘(e) ASSISTANCE FOR CITIZEN PARTICIPATION.—

8 (1)(A) Subject to subparagraph (B), the Secretary shall

9 make available under paragraph (4) funds to facilitate the

10 participation of individuals from the private sector on tech11 nical review committees and restoration advisory boards for

12 the purpose of ensuring public input into the planning and

13 implementation of environmental restoration activities at

14 installations where such committees and boards are in oper15 ation.

16 ‘‘(B) A committee or advisory board for an installation

17 is eligible for funding assistance under this subsection only

18 if the committee or board is composed of individuals from

19 the private sector who reside in a community in the vicinity

20 of the installation and who are not potentially responsible

21 parties with respect to environmental hazards at the instal22 lation.

23 ‘‘(2) Individuals who are local community members of

24 a technical review committee or restoration advisory board

25 may use funds made available under this subsection only—
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1 ‘‘(A) to obtain technical assistance in interpret2 ing scientific and engineering issues with regard to

3 the nature of environmental hazards at an installa4 tion and the restoration activities proposed or con5 ducted at the installation; and

6 ‘‘(B) to assist such members and affected citizens

7 to participate more effectively in environmental res8 toration activities at the installation.

9 ‘‘(3) The members of a technical review committee or

10 restoration advisory board may employ technical or other

11 experts in accordance with regulations prescribed under

12 subsections (d) and (e)(1) of title 10, United States Code

13 as added by this section.

14 ‘‘(4)(A) Subject to subparagraph (B), the Secretary

15 shall make funds available under this subsection using

16 funds in the following accounts:

17 ‘‘(i) In the case of a military installation not

18 closed pursuant to a base closure law, the Defense En19 vironmental Restoration Account established in sec20 tion 2703(a) of this title .

21 ‘‘(ii) In the case of a technical review committee

22 or restoration advisory board established for a mili23 tary installation to be closed, the Department of De24 fense Base Closure Account 1990 established under

25 section 2906(a) of the Defense Base Closure and Re-
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1 alignment Act of 1990 (part A of title XXIX of Public

2 Law 101–510; 10 U.S.C. 2687 note).

3 ‘‘(B) The total amount of funds available under this

4 subsection for fiscal year 1995 may not exceed $7,500,000.’’.

5 (c) INVOLVEMENT OF COMMITTEES AND BOARDS IN

6 DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.—

7 Such section is further amended by adding after subsection

8 (e), as added by subsection (b), the following:

9 ‘‘(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL RES10 TORATION PROGRAM.—If a technical review committee or

11 restoration advisory board is established with respect to an

12 installation, the Secretary shall consult with and seek the

13 advice of the committee or board on the following issues:

14 ‘‘(1) Identifying environmental restoration ac15 tivities and projects at the installation.

16 ‘‘(2) Monitoring progress on these activities and

17 projects.

18 ‘‘(3) Collecting information regarding restoration

19 priorities for the installation.

20 ‘‘(4) Addressing land use, level of restoration, ac21 ceptable risk, and waste management and technology

22 development issues related to environmental restora23 tion at the installation.

24 ‘‘(5) Developing environmental restoration strat25 egies for the installation.’’.
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1 (d) IMPLEMENTATION REQUIREMENTS.—Not later

2 than 180 days after the date on which the Secretary an3 nounces a decision to establish restoration advisory boards,

4 the Secretary of Defense shall—

5 (1) prescribe the regulations required under sub6 sections (d) and (e)(1) of title 10, United States Code,

7 as added by this section; and

8 (2) take appropriate actions to notify the public

9 of the availability of funding under subsection (e) of

10 such section, as so added.

11 ‘‘(e) REPORT.—The Secretary shall report to the Com12 mittees on Armed Services of the Senate and the House of

13 Representatives by May 1, 1996, on the establishment of res14 toration advisory boards and funds expended for assistance

15 for citizen participation.

16 SEC. 2850. SENSE OF THE SENATE ON AUTHORIZATION OF

17 FUNDS FOR MILITARY CONSTRUCTION

18 PROJECTS NOT REQUESTED IN THE PRESI19 DENT’S ANNUAL BUDGET REQUEST.

20 (a) SENSE OF THE SENATE.—It is the sense of the Sen21 ate that, to the maximum extent practicable, the Senate

22 should consider the authorization for appropriation of

23 funds for a military construction project not included in

24 the annual budget request of the Department of Defense only

25 if:
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1 (1) the project is consistent with past actions of

2 the Base Realignment and Closure process;

3 (2) the project is included in the military con4 struction plan of the military department concerned

5 incorporated in the Future Years Defense Program;

6 (3) the project is necessary for reasons of the na7 tional security of the United States; and

8 (4) a contract for construction of the project can

9 be awarded in that fiscal year.

10 (b) VIEWS OF THE SECRETARY OF DEFENSE.—In con11 sidering these criteria, the Senate should obtain the views

12 of the Secretary of Defense. These views should include

13 whether funds for a military construction project not in14 cluded in the budget request can be offset by funds for other

15 programs, projects, or activities, including military con16 struction projects, in the budget request and, if so, the spe17 cific offsetting reductions recommended by the Secretary of

18 Defense.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. WEAPONS ACTIVITIES.

11 (a) RESEARCH AND DEVELOPMENT.—Subject to sub12 section (f), funds are hereby authorized to be appropriated

13 to the Department of Energy for fiscal year 1995 for re14 search and development in carrying out weapons activities

15 necessary for national security programs in the amount of

16 $1,187,818,000, to be allocated as follows:

17 (1) For core research and development,

18 $795,551,000, to be allocated as follows:

19 (A) For operating expenses, $649,341,000.

20 (B) For capital equipment, $69,420,000.

21 (C) For plant projects (including mainte22 nance, restoration, planning, construction, ac23 quisition, modification of facilities, and the con24 tinuation of projects authorized in prior years,
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1 and land acquisition related thereto),

2 $76,790,000, to be allocated as follows:

3 Project GPD–101, general plant

4 projects, various locations, $8,500,000.

5 Project 95–D–102, Chemical and Met6 allurgy Research Building upgrades, Los

7 Alamos National Laboratory, New Mexico,

8 $3,300,000.

9 Project 94–D–102, nuclear weapons re10 search, development, and testing facilities

11 revitalization, Phase V, various locations,

12 $13,000,000.

13 Project 92–D–102, nuclear weapons re14 search, development, and testing facilities

15 revitalization, Phase IV, various locations,

16 $21,810,000.

17 Project 90–D–102, nuclear weapons re18 search, development, and testing facilities

19 revitalization, Phase III, various locations,

20 $7,700,000.

21 Project 88–D–106, nuclear weapons re22 search, development, and testing facilities

23 revitalization, Phase II, various locations,

24 $22,480,000.
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1 (2) For inertial fusion, $176,473,000, to be allo2 cated as follows:

3 (A) For operating expenses, $166,755,000.

4 (B) For capital equipment, $9,718,000.

5 (3) For technology transfer, $215,794,000, to be

6 allocated as follows:

7 (A) For operating expenses, $209,794,000.

8 (B) For capital equipment, $6,000,000.

9 (b) TESTING.—Subject to subsection (f), funds are

10 hereby authorized to be appropriated to the Department of

11 Energy for fiscal year 1995 for testing in carrying out

12 weapons activities necessary for national security programs

13 in the amount of $384,719,000, to be allocated as follows:

14 (1) For testing capabilities and readiness

15 $374,719,000, to be allocated as follows:

16 (A) For operating expenses, $338,249,000.

17 (B) For capital equipment, $15,470,000.

18 (C) For plant projects (including mainte19 nance, restoration, planning, construction, ac20 quisition, modification of facilities, and the con21 tinuation of projects authorized in prior years,

22 and land acquisition related thereto),

23 $21,000,000, to be allocated as follows:

24 Project GPD–101, general plant

25 projects, various locations, $4,000,000.
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1 Project 93–D–102, Nevada support fa2 cility, North Las Vegas, Nevada,

3 $17,000,000.

4 (2) For operating expenses for solar energy devel5 opment, $10,000,000.

6 (c) STOCKPILE SUPPORT.—Subject to subsection (f),

7 funds are hereby authorized to be appropriated to the De8 partment of Energy for fiscal year 1995 for stockpile sup9 port in carrying out weapons activities necessary for na10 tional security programs in the amount of $1,557,085,000,

11 to be allocated as follows:

12 (1) For operating expenses for stockpile support,

13 $1,487,085,000.

14 (2) For capital equipment, $15,880,000.

15 (3) For plant projects (including maintenance,

16 restoration, planning, construction, acquisition, modi17 fication of facilities, and the continuation of projects

18 authorized in prior years, and land acquisition relat19 ed thereto), $54,120,000, to be allocated as follows:

20 Project GPD–121, general plant projects,

21 various locations, $1,000,000.

22 Project 95–D–122, sanitary sewer upgrade

23 Oak Ridge Y-12 Plant, Oak Ridge, Tennessee,

24 $2,200,000.
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1 Project 95–D–123, replace transportation

2 safeguards, aviation facility, Albuquerque, New

3 Mexico, $2,000,000.

4 Project 94–D–124, hydrogen fluoride supply

5 system, Oak Ridge Y–12 Plant, Oak Ridge, Ten6 nessee, $6,300,000.

7 Project 94–D–125, upgrade life safety, Kan8 sas City Plant, Kansas City, Missouri,

9 $1,000,000.

10 Project 94–D–127, emergency notification

11 system, Pantex Plant, Amarillo, Texas,

12 $1,000,000.

13 Project 94–D–128, environmental safety

14 and health analytical laboratory, Pantex Plant,

15 Amarillo, Texas, $1,000,000.

16 Project 93–D–122, life safety upgrades, Y–

17 12 Plant, Oak Ridge, Tennessee, $5,000,000.

18 Project 88–D–122, facilities capability as19 surance program, various locations, $19,620,000.

20 Project 88–D–123, security enhancements,

21 Pantex Plant, Amarillo, Texas, $15,000,000.

22 (d) PROGRAM DIRECTION.—Subject to subsection (f),

23 funds are hereby authorized to be appropriated to the De24 partment of Energy for fiscal year 1995 for program direc25 tion in carrying out weapons activities necessary for na-
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1 tional security programs in the amount of $169,852,000,

2 to be allocated as follows:

3 (1) For operating expenses for weapons program

4 direction, $167,498,000.

5 (2) For capital equipment, $2,354,000.

6 (e) RECONFIGURATION.—Subject to subsection (f),

7 funds are hereby authorized to be appropriated to the De8 partment of Energy for fiscal year 1995 for nuclear weap9 ons complex reconfiguration in carrying out weapons ac10 tivities necessary for national security programs in the

11 amount of $152,271,000, to be allocated as follows:

12 (1) For operating expenses for reconfiguration,

13 $94,271,000.

14 (2) For plant projects (including maintenance,

15 restoration, planning, construction, acquisition, modi16 fication of facilities, and the continuation of projects

17 authorized in prior years, and land acquisition relat18 ed thereto), $58,000,000, all of which to be allocated

19 as follows:

20 Project 93–D–123, complex-21, various lo21 cations.

22 (f) ADJUSTMENTS.—Subject to section 3105, the total

23 amount authorized to be appropriated pursuant to this sec24 tion is the sum of the amounts authorized to be appro-
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1 priated in subsections (a) through (e) reduced by the sum

2 of—

3 (1) $131,077,000, for use of prior year balances;

4 and

5 (2) $11,000,000, for savings resulting from pro6 curement reform.

7 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

8 MANAGEMENT.

9 (a) CORRECTIVE ACTIVITIES.—Subject to subsection

10 (h), funds are hereby authorized to be appropriated to the

11 Department of Energy for fiscal year 1995 for corrective

12 activities in carrying out environmental restoration and

13 waste management activities necessary for national security

14 programs in the amount of $1,012,000, all of which to be

15 allocated to a plant project (including maintenance, res16 toration, planning, construction, acquisition, modification

17 of facilities, and the continuation of projects authorized in

18 prior years, and land acquisition related thereto) as follows:

19 Project 92–D–403, tank upgrades project, Law20 rence Livermore National Laboratory, California.

21 (b) ENVIRONMENTAL RESTORATION.—(1) Subject to

22 paragraph (2), funds are hereby authorized to be appro23 priated to the Department of Energy for fiscal year 1995

24 for environmental restoration for operating expenses in car25 rying out environmental restoration and waste manage-
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1 ment activities necessary for national security programs in

2 the amount of $1,531,969,000.

3 (2) Subject to subsection (h), the amount authorized

4 to be appropriated pursuant to this subsection is the

5 amount authorized to be appropriated in paragraph (1) re6 duced by $133,900,000, as a result of the productivity sav7 ings initiative.

8 (c) WASTE MANAGEMENT.—(1) Subject to paragraph

9 (2), funds are hereby authorized to be appropriated to the

10 Department of Energy for fiscal year 1995 for waste man11 agement in carrying out environmental restoration and

12 waste management activities necessary for national security

13 programs in the amount of $2,913,045,000, to be allocated

14 as follows:

15 (A) For operating expenses, $2,408,029,000.

16 (B) For capital equipment, $104,790,000.

17 (C) For plant projects (including maintenance,

18 restoration, planning, construction, acquisition, modi19 fication of facilities, and the continuation of projects

20 authorized in prior years, and land acquisition relat21 ed thereto), $400,226,000, to be allocated as follows:

22 Project GPD–171, general plant projects,

23 various locations, $23,742,000.

24 Project 95–D–401, radiological support fa25 cilities, Richland, Washington, $1,585,000.
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1 Project 95–D–402, install permanent elec2 trical service, Waste Isolation Pilot Plant, New

3 Mexico, $700,000.

4 Project 95–D–403, hazardous waste storage

5 facility, Mound Plant, Miamisburg, Ohio,

6 $597,000.

7 Project 95–D–405, industrial landfill V and

8 construction demolition landfill VII, Oak Ridge

9 Y–12 Plant, Oak Ridge, Tennessee, $1,000,000.

10 Project 95–D–406, road 5–01 reconstruc11 tion, area 5, Nevada Test Site, Nevada,

12 $2,338,000.

13 Project 95–D–407, 219-S secondary con14 tainment upgrade, Richland, Washington,

15 $2,000,000.

16 Project 95–D–408, Phase II liquid effluent

17 treatment and disposal, Richland, Washington,

18 $7,100,000.

19 Project 94–D–400, high explosive

20 wastewater treatment system, Los Alamos Na21 tional Laboratory, Los Alamos, New Mexico,

22 $1,000,000.

23 Project 94–D–402, liquid waste treatment

24 system, Nevada Test Site, Nevada, $3,292,000.
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1 Project 94–D–404, Melton Valley storage

2 tank capacity increase, Oak Ridge National Lab3 oratory, Oak Ridge, Tennessee, $21,373,000.

4 Project 94–D–406, low-level waste disposal

5 facilities, K–25, Oak Ridge, Tennessee,

6 $6,000,000.

7 Project 94–D–407, initial tank retrieval

8 systems, Richland, Washington, $17,700,000.

9 Project 94–D–408, office facilities—200

10 East, Richland, Washington, $4,000,000.

11 Project 94–D–411, solid waste operation

12 complex, Richland, Washington, $42,200,000.

13 Project 94–D–416, solvent storage tanks in14 stallation, Savannah River, South Carolina,

15 $1,700,000.

16 Project 94–D–417, intermediate-level and

17 low-activity waste vaults, Savannah River,

18 South Carolina, $300,000.

19 Project 93–D–174, plant drain waste water

20 treatment upgrades, Y–12 Plant, Oak Ridge,

21 Tennessee, $1,400,000.

22 Project 93–D–178, building 374 liquid

23 waste treatment facility, Rocky Flats, Golden,

24 Colorado, $3,300,000.
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1 Project 93–D–181, radioactive liquid waste

2 line replacement, Richland, Washington,

3 $3,300,000.

4 Project 93–D–182, replacement of cross-site

5 transfer system, Richland, Washington,

6 $18,910,000.

7 Project 93–D–183, multi-tank waste storage

8 facility, Richland, Washington, $95,305,000.

9 Project 93–D–187, high-level waste removal

10 from filled waste tanks, Savannah River, Aiken,

11 South Carolina, $26,525,000.

12 Project 92–D–177, tank 101–AZ waste re13 trieval system, Richland, Washington,

14 $5,000,000.

15 Project 92–D–188, waste management

16 ES&H, and compliance activities, various loca17 tions, $2,846,000.

18 Project 91–D–171, waste receiving and

19 processing facility, module 1, Richland, Wash20 ington, $3,995,000.

21 Project 90–D–172, aging waste transfer

22 line, Richland, Washington, $3,819,000.

23 Project 90–D–177, RWMC transuranic

24 (TRU) waste characterization and storage facil-
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1 ity, Idaho National Engineering Laboratory,

2 Idaho, $11,747,000.

3 Project 90–D–178, TSA retrieval contain4 ment building, Idaho National Engineering Lab5 oratory, Idaho, $7,594,000.

6 Project 89–D–173, tank farm ventilation

7 upgrade, Richland, Washington, $800,000.

8 Project 89–D–174, replacement high-level

9 waste evaporator, Savannah River, South Caro10 lina, $18,000,000.

11 Project 89–D–175, hazardous waste/mixed

12 waste disposal facility, Savannah River, South

13 Carolina, $500,000.

14 Project 86–D–103, decontamination and

15 waste treatment facility, Lawrence Livermore

16 National Laboratory, California, $9,500,000.

17 Project 83–D–148, nonradioactive hazard18 ous waste management, Savannah River, South

19 Carolina, $6,000,000.

20 Project 81–T–105, defense waste processing

21 facility, Savannah River, South Carolina,

22 $45,058,000.

23 (2) Subject to subsection (h), the total amount author24 ized to be appropriated pursuant to this subsection is the

25 sum of the amounts authorized to be appropriated in para-
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1 graph (1) reduced by $160,800,000, as a result of the pro2 ductivity savings initiative.

3 (d) TECHNOLOGY DEVELOPMENT.—Subject to sub4 section (h), funds are hereby authorized to be appropriated

5 to the Department of Energy for fiscal year 1995 for tech6 nology development in carrying out environmental restora7 tion and waste management activities necessary for na8 tional security programs in the amount of $426,409,000,

9 to be allocated as follows:

10 (1) For operating expenses, $400,974,000.

11 (2) For capital equipment, $25,435,000.

12 (e) TRANSPORTATION MANAGEMENT.—Subject to sub13 section (h), funds are hereby authorized to be appropriated

14 to the Department of Energy for fiscal year 1995 for trans15 portation management in carrying out environmental res16 toration and waste management activities necessary for na17 tional security programs in the amount of $20,684,000, to

18 be allocated as follows:

19 (1) For operating expenses, $20,240,000.

20 (2) For capital equipment, $444,000.

21 (f) PROGRAM DIRECTION.—Subject to subsection (h),

22 funds are hereby authorized to be appropriated to the De23 partment of Energy for fiscal year 1995 for program direc24 tion in carrying out environmental restoration and waste

25 management activities necessary for national security pro-
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1 grams in the amount of $84,948,000, to be allocated as fol2 lows:

3 (1) For operating expenses, $83,748,000.

4 (2) For capital equipment, $1,200,000.

5 (g) FACILITY TRANSITION AND MANAGEMENT.—(1)

6 Subject to paragraph (2), funds are hereby authorized to

7 be appropriated to the Department of Energy for fiscal year

8 1995 for facility transition and management in carrying

9 out environmental restoration and waste management ac10 tivities necessary for national security programs in the

11 amount of $791,857,000, to be allocated as follows:

12 (A) For operating expenses, $681,550,000.

13 (B) For capital equipment, $23,947,000.

14 (C) For plant projects (including maintenance,

15 restoration, planning, construction, acquisition, modi16 fication of facilities, and the continuation of projects

17 authorized in prior years, and land acquisition relat18 ed thereto), $86,360,000, to be allocated as follows:

19 Project GPD–171, general plant projects,

20 various locations, $20,495,000.

21 Project 95–D–453, primary highway route

22 north of the Wye Barricade, Richland, Washing23 ton, $2,500,000.

24 Project 95–D–454, 324 facility compliance/

25 renovation, Richland, Washington, $1,500,000.
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1 Project 95–D–455, Idaho National Engi2 neering Laboratory radio communications up3 grade, Idaho National Engineering Laboratory,

4 Idaho, $1,440,000.

5 Project 95–D–456, security facilities up6 grade, Idaho Chemical Processing Plant, Idaho

7 National Engineering Laboratory, Idaho,

8 $986,000.

9 Project 94–D–122, underground storage

10 tanks, Rocky Flats, Colorado, $2,500,000.

11 Project 94–D–401, emergency response facil12 ity, Idaho National Engineering Laboratory,

13 Idaho, $5,219,000.

14 Project 94–D–412, 300 area process sewer

15 piping upgrade, Richland, Washington,

16 $7,800,000.

17 Project 94–D–415, medical facilities, Idaho

18 National Engineering Laboratory, Idaho,

19 $4,920,000.

20 Project 94–D–451, infrastructure replace21 ment, Rocky Flats Plant, Golden, Colorado,

22 $10,600,000.

23 Project 93–D–172, electrical upgrade, Idaho

24 National Engineering Laboratory, Idaho,

25 $7,800,000.
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1 Project 93–D–184, 325 facility compliance/

2 renovation, Richland, Washington, $1,000,000.

3 Project 93–D–186, 200 area unsecured core

4 area fabrication shop, Richland, Washington,

5 $4,000,000.

6 Project 92–D–125, master safeguards and

7 security agreement/materials surveillance task

8 force security upgrades, Rocky Flats Plant, Gold9 en, Colorado, $2,100,000.

10 Project 92–D–181, INEL fire and life safety

11 improvements, Idaho National Engineering Lab12 oratory, Idaho, $6,000,000.

13 Project 92–D–182, INEL sewer system up14 grade, Idaho National Engineering Laboratory,

15 Idaho, $1,900,000.

16 Project 92–D–186, steam system rehabilita17 tion, Phase II, Richland, Washington,

18 $5,600,000.

19 (2) Subject to subsection (h), the total amount author20 ized to be appropriated pursuant to this subsection is the

21 sum of the amounts authorized to be appropriated in para22 graph (1) reduced by $5,000,000, as a result of the produc23 tivity savings initiative.

24 (h) PRIOR YEAR BALANCES.—Subject to section 3105,

25 the total amount authorized to be appropriated pursuant
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1 to this section is the sum of the amounts authorized to be

2 appropriated in subsections (a), (b)(2), (c)(2), (d), (e), (f),

3 and (g)(2) reduced by the sum of—

4 (1) $240,300,000 for use of prior year balances;

5 and

6 (2) $17,500,000 for savings resulting from pro7 curement reform.

8 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE9 FENSE PROGRAMS.

10 (a) MATERIALS SUPPORT.—Subject to subsection (d),

11 funds are hereby authorized to be appropriated to the De12 partment of Energy for fiscal year 1995 for materials sup13 port in carrying out nuclear materials support necessary

14 for national security programs in the amount of

15 $887,225,000, to be allocated as follows:

16 (1) For reactor operations, $163,634,000.

17 (2) For processing of nuclear materials,

18 $369,468,000.

19 (3) For support services, $167,776,000.

20 (4) For capital equipment, $39,427,000.

21 (5) For plant projects (including maintenance,

22 restoration, planning, construction, acquisition, modi23 fication of facilities, and the continuation of projects

24 authorized in prior years, and land acquisition relat25 ed thereto), $88,950,000, to be allocated as follows:
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1 Project GPD–146, general plant projects,

2 various locations, $21,000,000.

3 Project 95–D–154, health physics site sup4 port facility, Savannah River, South Carolina,

5 $2,000,000.

6 Project 95–D–155, upgrade site road infra7 structure, Savannah River, South Carolina,

8 $750,000.

9 Project 95–D–156, radio trunking system,

10 Savannah River, South Carolina, $2,100,000.

11 Project 95–D–157, D–area powerhouse life

12 extension, Savannah River, South Carolina,

13 $4,000,000.

14 Project 95–D–158, disassembly basin up15 grades K, L, and P, Savannah River, South

16 Carolina, $13,000,000.

17 Project 93–D–147, domestic water system

18 upgrade, Phases I and II, Savannah River,

19 South Carolina, $11,300,000.

20 Project 93–D–148, replace high-level drain

21 lines, Savannah River, South Carolina,

22 $2,700,000.

23 Project 93–D–152, environmental modifica24 tion for production facilities, Savannah River,

25 South Carolina, $2,900,000.
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1 Project 92–D–143, health protection instru2 ment calibration facility, Savannah River,

3 South Carolina, $3,000,000.

4 Project 90–D–149, plantwide fire protec5 tion, Phases I and II, Savannah River, South

6 Carolina, $21,000,000.

7 Project 92–D–150, operations support fa8 cilities, Savannah River, South Carolina,

9 $2,000,000.

10 Project 92–D–153, engineering support fa11 cility, Savannah River, South Carolina,

12 $3,200,000.

13 (6) For program direction, $58,000,000.

14 (b) OTHER DEFENSE PROGRAMS.—Subject to sub15 section (d), funds are hereby authorized to be appropriated

16 to the Department of Energy for fiscal year 1995 for other

17 defense programs in carrying out defense programs nec18 essary for national security programs in the amount of

19 $692,204,000, to be allocated as follows:

20 (1) For verification and control technology,

21 $358,102,000, to be allocated as follows:

22 (A) For operating expenses, $342,229,000.

23 (B) For capital equipment, $15,873,000.

24 (2) For nuclear safeguards and security,

25 $85,816,000, to be allocated as follows:
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1 (A) For operating expenses, $82,421,000.

2 (B) For capital equipment, $3,395,000.

3 (3) For security investigations, $38,827,000.

4 (4) For security evaluations, $14,780,000.

5 (5) For the Office of Nuclear Safety,

6 $24,679,000, to be allocated as follows:

7 (A) For operating expenses, $24,629,000.

8 (B) For capital equipment, $50,000.

9 (6) For worker and community transition,

10 $120,000,000.

11 (7) For fissile material control and disposition,

12 $50,000,000.

13 (c) NAVAL REACTORS.—Subject to subsection (d),

14 funds are hereby authorized to be appropriated to the De15 partment of Energy for fiscal year 1995 for naval reactors

16 in carrying out nuclear materials support and other defense

17 programs necessary for national security programs in the

18 amount of $730,651,000, to be allocated as follows:

19 (1) For naval reactors development,

20 $698,651,000, to be allocated as follows:

21 (A) For operating expenses:

22 (i) For plant development,

23 $146,700,000.

24 (ii) For reactor development,

25 $348,951,000.
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1 (iii) For reactor operation and evalua2 tion, $136,000,000.

3 (iv) For program direction,

4 $18,800,000.

5 (B) For capital equipment, $28,200,000.

6 (C) For plant projects (including mainte7 nance, restoration, planning, construction, ac8 quisition, modification of facilities, and the con9 tinuation of projects authorized in prior years,

10 and land acquisition related thereto),

11 $20,000,000, to be allocated as follows:

12 Project GPN–101, general plant

13 projects, various locations, $6,200,000.

14 Project 95–D–200, laboratory systems

15 and hot cell upgrades, various locations,

16 $2,400,000.

17 Project 95–D–201, advanced test reac18 tor radioactive waste system upgrades,

19 Idaho National Engineering Laboratory,

20 Idaho, $700,000.

21 Project 93–D–200, engineering services

22 facilities, Knolls Atomic Power Laboratory,

23 Niskayuna, New York, $7,900,000.

24 Project 92–D–200, laboratories facili25 ties upgrades, various locations, $2,800,000.
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1 (2) For enrichment materials, for operating ex2 penses, $32,000,000.

3 (d) ADJUSTMENTS.—Subject to section 3105, the total

4 amount that may be appropriated pursuant to this section

5 is the sum of the amounts authorized to be appropriated

6 in subsections (a), (b), and (c) reduced by the sum of—

7 (1) $40,000,000, for recovery of overpayment to

8 the Savannah River Pension Fund;

9 (2) $6,500,000, for savings resulting from pro10 curement reform; and

11 (3) $369,700,000, for transfer and use of prior

12 year balances for materials support and other defense

13 programs.

14 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

15 Funds are hereby authorized to be appropriated to the

16 Department of Energy for fiscal year 1995 for payment to

17 the Nuclear Waste Fund established in section 302(c) of the

18 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

19 the amount of $129,430,000.

20 SEC. 3105. GENERAL REDUCTION IN AUTHORIZATION OF

21 APPROPRIATIONS.

22 The total amount authorized to be appropriated pursu23 ant to sections 3101, 3102, 3103, and 3104 is the sum of

24 the amounts authorized to be appropriated in such sections
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1 reduced by $220,000,000 for use of prior year balances from

2 fiscal year 1994.

3 Subtitle B—Recurring General

4 Provisions

5 SEC. 3121. REPROGRAMMING.

6 (a) NOTICE TO CONGRESS.—(1) Except as otherwise

7 provided in this title—

8 (A) no amount appropriated pursuant to this

9 title may be used for any program in excess of the

10 lesser of—

11 (i) 105 percent of the amount authorized for

12 that program by this title; or

13 (ii) $10,000,000 more than the amount au14 thorized for that program by this title; and

15 (B) no amount appropriated pursuant to this

16 title may be used for any program which has not been

17 presented to, or requested of, the Congress.

18 (2) An action described in paragraph (1) may not be

19 taken until—

20 (A) the Secretary of Energy has submitted to the

21 congressional defense committees a report containing

22 a full and complete statement of the action proposed

23 to be taken and the facts and circumstances relied

24 upon in support of the proposed action; and
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1 (B) a period of 30 days has elapsed after the

2 date on which the report is received by the commit3 tees.

4 (3) In the computation of the 30-day period under

5 paragraph (2), there shall be excluded any day on which

6 either House of Congress is not in session because of an

7 adjournment of more than 3 calendar days to a day certain.

8 (b) LIMITATION ON AMOUNT OBLIGATED.—In no event

9 may the total amount of funds obligated pursuant to this

10 title exceed the total amount authorized to be appropriated

11 by this title.

12 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

13 (a) IN GENERAL.—The Secretary of Energy may carry

14 out any construction project under the general plant

15 projects authorized by this title if the total estimated cost

16 of the construction project does not exceed $2,000,000.

17 (b) REPORT TO CONGRESS.—If, at any time during

18 the construction of any general plant project authorized by

19 this title, the estimated cost of the project is revised because

20 of unforeseen cost variations and the revised cost of the

21 project exceeds $2,000,000, the Secretary shall immediately

22 furnish a complete report to the congressional defense com23 mittees explaining the reasons for the cost variation.
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1 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

2 (a) IN GENERAL.—(1) Except as provided in para3 graph (2), construction on a construction project may not

4 be started or additional obligations incurred in connection

5 with the project above the total estimated cost, whenever the

6 current estimated cost of the construction project, which is

7 authorized by section 3101, 3102, or 3103, or which is in

8 support of national security programs of the Department

9 of Energy and was authorized by any previous Act, exceeds

10 by more than 25 percent the higher of—

11 (A) the amount authorized for the project; or

12 (B) the amount of the total estimated cost for the

13 project as shown in the most recent budget justifica14 tion data submitted to the Congress.

15 (2) An action described in paragraph (1) may be taken

16 if—

17 (A) the Secretary of Energy has submitted to the

18 congressional defense committees a report on the ac19 tion and the circumstances making such action nec20 essary; and

21 (B) a period of 30 days has elapsed after the

22 date on which the report is received by the commit23 tees.

24 (3) In the computation of the 30-day period under

25 paragraph (2), there shall be excluded any day on which
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1 either House of Congress is not in session because of an

2 adjournment of more than 3 calendar days to a day certain.

3 (b) EXCEPTION.—Subsection (a) shall not apply to

4 any construction project which has a current estimated cost

5 of less than $5,000,000.

6 SEC. 3124. FUNDS TRANSFER AUTHORITY.

7 The Secretary of Energy may transfer funds appro8 priated pursuant to this title to other agencies of the Fed9 eral Government for the performance of the work for which

10 the funds were appropriated, and funds so transferred may

11 be merged with the appropriations of the agency to which

12 the funds are transferred.

13 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

14 (a) IN GENERAL.—(1) Within the amounts authorized

15 by this title, the Secretary of Energy may carry out ad16 vance planning and construction design (including archi17 tectural and engineering services) in connection with any

18 proposed construction project if the total estimated cost for

19 such planning and design does not exceed $3,000,000.

20 (2) In the case of any project in which the total esti21 mated cost for advance planning and design exceeds

22 $600,000, the Secretary shall notify the congressional de23 fense committees in writing of the details of such project

24 at least 30 days before any funds are obligated for design

25 services for such project.
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1 (b) SPECIFIC AUTHORITY REQUIRED.—In any case in

2 which the total estimated cost for advance planning and

3 construction design in connection with any construction

4 project exceeds $3,000,000, funds for such planning and de5 sign must be specifically authorized by law.

6 SEC. 3126. REQUIREMENT FOR COMPLETION OF CONCEP7 TUAL DESIGN TO PRECEDE REQUEST FOR

8 CONSTRUCTION FUNDS.

9 (a) REQUIREMENT.—Before submitting to Congress a

10 request for funds for a construction project that is in sup11 port of a national security program of the Department of

12 Energy, the Secretary of Energy shall complete a conceptual

13 design for that project.

14 (b) EXCEPTIONS.—The requirement in subsection (a)

15 does not apply to requests for funds—

16 (1) for the costs of preparing a conceptual design

17 for a construction project referred to in that sub18 section; or

19 (2) for emergency planning, design, and con20 struction activities under section 3127.

21 SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DE22 SIGN, AND CONSTRUCTION ACTIVITIES.

23 (a) AUTHORITY.—The Secretary of Energy may use

24 any funds available to the Department of Energy under sec25 tions 3101, 3102, and 3103, including those funds author-
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1 ized to be appropriated for advance planning and construc2 tion design, to perform planning, design, and construction

3 activities for any Department of Energy national security

4 program construction project that, as determined by the

5 Secretary, must proceed expeditiously in order to protect

6 public health and safety, meet the needs of national defense,

7 or protect property.

8 (b) LIMITATION.—The Secretary may not exercise the

9 authority under subsection (a) in the case of any construc10 tion project until the Secretary has submitted to the con11 gressional defense committees a report on the activities that

12 the Secretary intends to carry out under this section and

13 the circumstances making such activities necessary.

14 (c) SPECIFIC AUTHORITY.—The requirement of section

15 3125(b) does not apply to emergency planning, design, and

16 construction activities conducted under this section.

17 (d) REPORT.—The Secretary of Energy shall promptly

18 report to the congressional defense committees any exercise

19 of authority under this section.

20 SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECU21 RITY PROGRAMS OF THE DEPARTMENT OF

22 ENERGY.

23 Subject to the provisions of appropriation Acts and

24 section 3121, amounts appropriated pursuant to this title

25 that are made available for management and support ac-
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1 tivities and for general plant projects are available for use,

2 when necessary, in connection with all national security

3 programs of the Department of Energy.

4 SEC. 3129. AVAILABILITY OF FUNDS.

5 When so specified in an appropriation Act, amounts

6 appropriated for operating expenses, plant projects, and

7 capital equipment may remain available until expended.

8 Subtitle C—Program Authoriza9 tions, Restrictions, and Limita10 tions

11 SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND

12 TRAINING PROGRAM.

13 (a) CONDUCT OF PROGRAM.—(1) As part of the stock14 pile stewardship program established pursuant to section

15 3138 of the National Defense Authorization Act for Fiscal

16 Year 1994 (Public Law 103–160; 107 Stat. 1946; 42 U.S.C.

17 2121 note), the Secretary of Energy shall conduct a stock18 pile stewardship recruitment and training program at the

19 Sandia National Laboratories, the Lawrence Livermore Na20 tional Laboratory, and the Los Alamos National Labora21 tory.

22 (2) The recruitment and training program shall be

23 conducted in coordination with the Chairman of the Joint

24 Nuclear Weapons Council established by section 179 of title
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1 10, United States Code, and the directors of the laboratories

2 referred to in paragraph (1).

3 (b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As part

4 of the recruitment and training program, the directors of

5 the laboratories referred to in subsection (a)(1) may employ

6 undergraduate students, graduate students, and

7 postdoctoral fellows to carry out research sponsored by such

8 laboratories for military or nonmilitary dual-use programs

9 related to nuclear weapons stockpile stewardship.

10 (2) Of the amounts authorized to be appropriated to

11 the Secretary of Energy pursuant to section 3101(a)(1) for

12 weapons activities for core research and development and

13 allocated by the Secretary for education initiatives,

14 $4,000,000 shall be available for carrying out paragraph

15 (1). The amount available under this paragraph shall be

16 allocated equally among the laboratories referred to in sub17 section (a)(1).

18 (c) ESTABLISHMENT OF RETIREE CORPS.—As part of

19 the training and recruitment program, the Secretary, in co20 ordination with the directors of the laboratories referred to

21 in subsection (a)(1), shall establish for the laboratories a

22 retiree corps of retired scientists who have expertise in re23 search and development of nuclear weapons. The directors

24 may employ the retired scientists on a part-time basis to

25 provide appropriate assistance on nuclear weapons issues,
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1 to contribute relevant information to be archived, and to

2 help to provide training to other scientists.

3 (d) REPORT.—(1) Not later than February 1, 1995,

4 the Secretary of Energy shall submit to the congressional

5 defense committees a report on the demographic trends of

6 the personnel of the laboratories referred to in subsection

7 (a)(1) and on actions taken by the Department of Energy

8 to remedy identified deficiencies in various skill areas.

9 (2) The report shall be prepared in coordination with

10 the Chairman of the Joint Nuclear Weapons Council and

11 the directors of the laboratories. Information included in

12 the report shall be aggregated and compiled into statistical

13 categories.

14 (3) The report shall include the following:

15 (A) An inventory of the weapons-related tasks

16 that the laboratories need to perform to support their

17 nuclear weapons responsibilities.

18 (B) An inventory of the skills necessary to com19 plete the weapons-related tasks referred to in subpara20 graph (A).

21 (C) For each laboratory, the number of scientists

22 needed in each skill area to perform such tasks.

23 (D) The number of the scientists providing serv24 ices in each skill area at each laboratory, stated by

25 age.
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1 (E) An assessment of which skill areas are

2 understaffed.

3 (F) The number of scientists entering the weap4 ons program at each laboratory, and their skill areas.

5 (G) The number of full-time equivalent personnel

6 with weapon skills, their distribution by skill and, for

7 each such skill, their distribution by age.

8 (H) The number of scientists retiring from the

9 weapons program in the 5- year period ending on the

10 date of the report and the skill areas in which they

11 worked in the year preceding their retirement.

12 (I) Based on the information contained in sub13 paragraphs (A) through (H), a projection of the skills

14 areas that will become understaffed in the five years

15 following the date of the report.

16 (J) Alternative actions that may be taken to re17 tain and recruit scientists for the weapons programs

18 at the laboratories in order to preserve a sufficient

19 skill base and to fulfill stockpile stewardship respon20 sibilities.

21 (K) Any plans of the Secretary to take any of the

22 alternative actions referred to in subparagraph (J).
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1 SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PRO2 GRAM.

3 Of the funds authorized to be appropriated by this title

4 to the Department of Energy for fiscal year 1995,

5 $176,473,000 shall be available for the defense inertial con6 finement fusion program.

7 SEC. 3133. PAYMENT OF PENALTIES.

8 The Secretary of Energy may pay to the Hazardous

9 Substance Superfund established under section 9507 of the

10 Internal Revenue Code of 1986 (26 U.S.C. 9507), from

11 funds appropriated to the Department of Energy for envi12 ronmental restoration and waste management activities

13 pursuant to section 3102, stipulated civil penalties assessed

14 under the Comprehensive Environmental Response, Com15 pensation and Liability Act of 1980 (42 U.S.C. 9601 et

16 seq.) in amounts as follows:

17 (1) $50,000, assessed against the Fernald Envi18 ronmental Management Project, Ohio, under such

19 Act.

20 (2) $50,000, assessed against the Portsmouth

21 Gaseous Diffusion Plant, Ohio, under such Act.

22 SEC. 3134. WATER MANAGEMENT PROGRAMS.

23 From funds authorized to be appropriated pursuant

24 to section 3102 to the Department of Energy for environ25 mental restoration and waste management activities, the

26 Secretary of Energy may reimburse the cities of West-
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1 minster, Broomfield, Thornton, and Northglenn, in the

2 State of Colorado, $11,415,000 for the cost of implementing

3 water management programs. Reimbursements for the

4 water management programs shall not be considered a

5 major Federal action for purposes of section 102(2) of the

6 National Environmental Policy Act of 1969 (42 U.S.C.

7 4332(2)).

8 SEC. 3135. LIMITATION ON USE OF FUNDS FOR SPECIAL AC9 CESS PROGRAMS.

10 Not more than 20 percent of the funds appropriated

11 or otherwise made available to the Department of Energy

12 for fiscal year 1995 pursuant to this title that are available

13 for limited access programs and special access program

14 may be obligated for a limited access program or special

15 access program until the Secretary of Energy submits to

16 the congressional defense committees the annual reports re17 quired to be submitted in that fiscal year under subsections

18 (a) and (b) of section 93 of the Atomic Energy Act of 1954

19 (42 U.S.C. 2122a).

20 SEC. 3136. PROTECTION OF NUCLEAR WEAPONS FACILITIES

21 WORKERS.

22 Of the funds authorized to be appropriated by section

23 310(2) for environmental restoration and waste manage24 ment activities, $11,000,000 shall be available to carry out

25 activities authorized under section 3131 of the National De-
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1 fense Authorization Act for Fiscal Years 1992 and 1993

2 (Public Law 102–190; 105 Stat. 1571; 42 U.S.C. 7274d),

3 relating to worker protection at nuclear weapons facilities.

4 SEC. 3137. NATIONAL SECURITY PROGRAMS.

5 Notwithstanding any other provision of law, not more

6 than 90 percent of the funds appropriated to the Depart7 ment of Energy for national security programs under this

8 title may be obligated for such programs until the Secretary

9 of Energy submits to the congressional defense committees

10 the five-year budget plan with respect to fiscal year 1995

11 required under section 3144 of the National Defense Author12 ization Act for Fiscal Years 1990 and 1991 (Public Law

13 101–189; 103 Stat. 1681; 42 U.S.C. 7271b).

14 SEC. 3138. SCHOLARSHIP AND FELLOWSHIP PROGRAM FOR

15 ENVIRONMENTAL RESTORATION AND WASTE

16 MANAGEMENT.

17 Of the funds authorized to be appropriated to the De18 partment of Energy for fiscal year 1995 for environmental

19 restoration and waste management, $1,000,000 shall be

20 available for the Scholarship and Fellowship Program for

21 Environmental Restoration and Waste Management carried

22 out under section 3123 of the National Defense Authoriza23 tion Act for Fiscal Years 1992 and 1993 (Public Law 102–

24 190; 105 Stat. 1572; 42 U.S.C. 7274e).
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1 SEC. 3139. HAZARDOUS MATERIALS MANAGEMENT AND

2 HAZARDOUS MATERIALS EMERGENCY RE3 SPONSE TRAINING PROGRAM.

4 Of the funds authorized to be appropriated to the De5 partment of Energy for fiscal year 1995 under section

6 3102(d), not more than $14,000,000 shall be available to

7 carry out a hazardous materials management and hazard8 ous materials emergency response training program at

9 Hanford Nuclear Reservation, Richland, Washington.

10 SEC. 3140. PROGRAMS FOR PERSONS WHO MAY HAVE BEEN

11 EXPOSED TO RADIATION RELEASED FROM

12 HANFORD NUCLEAR RESERVATION.

13 (a) FUNDING.—Of the funds authorized to be appro14 priated to the Department of Energy under section 3101

15 for fiscal year 1995, $3,295,591 shall be available for activi16 ties relating to the Hanford Health Information Network

17 established pursuant to the authority set forth in section

18 3138 of the National Defense Authorization Act for Fiscal

19 Year 1991 (Public Law 101–510; 104 Stat. 1834).

20 (b) LIMITATION ON RELEASE OF CERTAIN PERSONAL

21 INFORMATION.—(1) Information referred to in paragraph

22 (2) that is collected from an individual pursuant to oper23 ation of the Hanford Health Information Network shall be

24 used only by the Network unless the individual, or a des25 ignated legal representative of the individual, authorizes in

26 writing the use of the information for another purpose.
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1 (2) Paragraph (1) applies to the following informa2 tion:

3 (A) The name, address, telephone number, and

4 medical information and records of each individual

5 requesting assistance and information from the Net6 work.

7 (B) Such other information or categories of in8 formation as the chief officers of the health depart9 ments of the States of Washington, Oregon, and Idaho

10 jointly designate as information covered by this sub11 section.

12 SEC. 3141. SOLAR ENERGY ACTIVITIES AT NEVADA TEST

13 SITE, NEVADA.

14 Of the funds authorized to be appropriated to the De15 partment of Energy under section 3101, $10,000,000 shall

16 be available for development of solar energy at the Nevada

17 Test Site, Nevada.

18 Subtitle D—Other Matters

19 SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT

20 OF ENERGY FUNDS.

21 (a) IN GENERAL.—The Secretary of Energy shall pre22 scribe procedures to account for the use of funds for the per23 formance of the programs and activities of the Department

24 of Energy for which funds are appropriated for national

25 security programs of the Department of Energy. The proce-
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1 dures shall provide for such accounting for fiscal years be2 ginning after fiscal year 1996.

3 (b) COVERED MATTERS.—The Secretary shall pre4 scribe procedures under subsection (a)—

5 (1) to account for the funds appropriated to the

6 Department for national security programs and ac7 tivities of the Department that are not used for the

8 purpose for which such funds were appropriated; and

9 (2) to provide an accounting for all encumbered

10 funds, unencumbered funds, unobligated funds, costed

11 funds, and uncosted obligations of the Department in

12 that fiscal year.

13 SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS AC14 TIVITIES.

15 (a) APPROVAL BY JOINT NUCLEAR WEAPONS COUN16 CIL.—Subsection (d) of section 179 of title 10, United

17 States Code, is amended—

18 (1) by redesignating paragraphs (8) and (9) as

19 paragraphs (9) and (10), respectively; and

20 (2) by inserting after paragraph (7) the follow21 ing new paragraph (8):

22 ‘‘(8) Coordinating and approving activities ini23 tiated or conducted by the Department of Energy for

24 the study, development, and production of nuclear

25 warheads, including concept definition studies, fea-
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1 sibility studies, engineering development, hardware

2 component fabrication, warhead production, and war3 head retirement.’’.

4 (b) TECHNICAL AMENDMENTS.—Subsections (a)(3)

5 and (b) of such section are amended by striking out ‘‘ap6 pointed’’ each place it appears and inserting in lieu thereof

7 ‘‘designated’’.

8 SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CER9 TAIN ACTIVITIES AT THE NEVADA TEST SITE,

10 NEVADA.

11 Not later than April 1, 1995, the Secretary of Energy

12 shall submit to Congress a report on the feasibility of con13 ducting the following activities at the Nevada Test Site, Ne14 vada:

15 (1) The demilitarization of large rocket motors,

16 high energetic explosives and conventional ordnance.

17 (2) Disarmament and demilitarization of con18 ventional weapons and components, generally.

19 (3) The conduct of experiments that assist in

20 monitoring compliance with international agreements

21 on the nonproliferation of nuclear weapons.

22 (4) The conduct of programs for the Department

23 of Energy and the Department of Defense to develop

24 simulator technologies for nuclear weapons design

25 and effects, including advanced hydrodynamic sim-
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1 ulators, fusion test facilities, and nuclear weapons ef2 fects simulators (such as the Decade and Jupiter sim3 ulators).

4 (5) The conduct of the stockpile stewardship pro5 gram established pursuant to section 3138 of the Na6 tional Defense Authorization Act for Fiscal Year 1994

7 (42 U.S.C. 2121 note).

8 (6) Experiments related to the nonproliferation

9 of nuclear weapons, including experiments with re10 spect to disablement of such weapons, nuclear

11 forensics, sensors, and verification and monitoring.

12 SEC. 3154. NUCLEAR WEAPONS COUNCIL MEMBERSHIP.

13 Section 179(a)(1) title 10, United States Code, is

14 amended to read as follows: ‘‘(3) Two senior representatives

15 of the Department of Energy appointed by the Secretary

16 of Energy.’’.

17 SEC. 3155. OFFICE OF FISSILE MATERIALS DISPOSITION.

18 (a) ESTABLISHMENT.—Title II of the Department of

19 Energy Organization Act (42 U.S.C. 7131 et seq.) is

20 amended by adding at the end the following:

21 ‘‘OFFICE OF FISSILE MATERIALS DISPOSITION

22 ‘‘SEC. 212. (a) There shall be within the Department

23 an Office of Fissile Materials Disposition.

24 ‘‘(b) The Secretary shall designate the head of the Of25 fice. The head of the Office shall report to the Under Sec26 retary.
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1 ‘‘(c) The head of the Office shall be responsible for all

2 activities of the Department relating to the management,

3 storage, and disposition of fissile materials from weapons

4 and weapons systems that are excess to the national security

5 needs of the United States.’’.

6 (b) CONFORMING AMENDMENT.—The table of contents

7 in the first section of such Act is amended by inserting after

8 the item relating to section 210 the following new items:

‘‘Sec. 211. Office of Minority Economic Impact.

‘‘Sec. 212. Office of Fissile Materials Disposition.’’.

9 SEC. 3156. EXTENSION OF AUTHORITY TO LOAN PERSON10 NEL AND FACILITIES AT IDAHO NATIONAL

11 ENGINEERING LABORATORY.

12 Section 1434 of the National Defense Authorization

13 Act, Fiscal Year 1989 (Public Law 100–456; 102 Stat.

14 2074), as amended by section 3136 of the National Defense

15 Authorization Act for Fiscal Year 1993 (Public Law 102–

16 484; 106 Stat. 2641), is further amended—

17 (1) in the third sentence of subsection (a)(3), by

18 striking out ‘‘fiscal years 1993 and 1994’’ and insert19 ing in lieu thereof ‘‘fiscal years 1993, 1994, 1995,

20 1996, and 1997’’; and

21 (2) in subsection (c), by striking out ‘‘September

22 30, 1994, with respect to the Idaho National Engi23 neering Laboratory’’ and inserting in lieu thereof
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1 ‘‘September 30, 1997, with respect to the Idaho Na2 tional Engineering Laboratory’’.

3 SEC. 3157. ELIMINATION OF REQUIREMENT FOR FIVE-YEAR

4 PLAN FOR DEFENSE NUCLEAR FACILITIES.

5 Subsection (a) section 3135 of the National Defense

6 Authorization Act for Fiscal Years 1992 and 1993 (Public

7 Law 102–190; 105 Stat. 1575; 42 U.S.C. 7274g(a)) is

8 amended—

9 (1) in paragraph (1)—

10 (A) by striking out ‘‘(A) defense nuclear fa11 cilities and (B) all other facilities owned or oper12 ated by the Department of Energy’’ in the first

13 sentence and inserting in lieu thereof ‘‘all facili14 ties owned or operated by the Department of En15 ergy except defense nuclear facilities’’; and

16 (B) by inserting ‘‘such’’ in the third sen17 tence after ‘‘restoration at all’’;

18 (2) in paragraph (4), by striking out ‘‘The plan

19 shall contain the following matter:’’ and inserting in

20 lieu thereof ‘‘The plan shall include, with respect to

21 the Department of Energy facilities required by para22 graph (1) to be covered by the plan, the following

23 matters:’’;

24 (3) by striking out paragraph (6); and
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1 (4) by redesignating paragraph (7) as para2 graph (6).

3 SEC. 3158. AUTHORITY FOR APPOINTMENT OF CERTAIN SCI4 ENTIFIC, ENGINEERING, AND TECHNICAL

5 PERSONNEL.

6 (a) AUTHORITY.—(1) Notwithstanding any provision

7 of title 5, United States Code, governing appointments in

8 the competitive service and General Schedule classification

9 and pay rates, or any other provision of law, the Secretary

10 of Energy may—

11 (A) establish and set the rates of pay for not

12 more than 200 positions in the Department of Energy

13 for scientific, engineering, and technical personnel

14 whose duties will relate to safety at defense nuclear

15 facilities of the Department; and

16 (B) appoint persons to such positions.

17 (2) The rate of pay for a position established under

18 paragraph (1) may not exceed the rate of pay payable for

19 Level IV of the Executive Schedule under section 5315 of

20 title 5, United States Code.

21 (3) To the maximum extent practicable, the Secretary

22 shall appoint persons under paragraph (1)(B) to the posi23 tions established under paragraph (1)(A) in accordance

24 with the merit system principles set forth in section 2301

25 of such title.
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1 (b) OPM REVIEW.—(1) The Secretary shall enter into

2 an agreement with the Director of the Office of Personnel

3 Management under which agreement the Director shall pe4 riodically evaluate the use of the authority set forth in sub5 section (a)(1).

6 (2) If the Director determines as a result of such eval7 uation that the Secretary of Energy is not appointing per8 sons to positions under such authority in a manner consist9 ent with the merit system principles set forth in section

10 2301 of title 5, United States Code, the Director shall notify

11 the Secretary of that determination.

12 (3) Upon receipt of a notification under paragraph

13 (2), the Secretary shall—

14 (A) take appropriate actions to appoint persons

15 to positions under such authority in a manner con16 sistent with such principles; or

17 (B) cease appointment of persons under such au18 thority.

19 (c) TERMINATION.—(1) The authority provided under

20 subsection (a)(1) shall terminate on September 30, 1997.

21 (2) An employee may not be separated from employ22 ment with the Department of Energy or receive a reduction

23 in pay by reason of the termination of authority under

24 paragraph (1).
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1 SEC. 3159. DEPARTMENT OF ENERGY DECLASSIFICATION

2 PRODUCTIVITY INITIATIVE.

3 Of the funds autorized to be appropriated to the De4 partment of Energy under section 3103, $3,000,000 shall

5 be available for the Department of Energy’s Declassification

6 Productivity Initiative.

7 SEC. 3160. SAFETY OVERSIGHT AND ENFORCEMENT AT DE8 FENSE NUCLEAR FACILITIES.

9 (a) FINDINGS.—Congress finds the following:

10 (1) Effective oversight of matters relating to nu11 clear safety at defense nuclear facilities and enforce12 ment of nuclear safety standards at such facilities are

13 critical to ensuring the safety of the public and the

14 workers at such facilities.

15 (2) The Department of Energy has not devoted

16 adequate attention historically to matters relating to

17 nuclear safety at defense nuclear facilities.

18 (b) SAFETY AT DEFENSE NUCLEAR FACILITIES.—The

19 Secretary of Energy shall take appropriate actions to en20 sure that—

21 (1) officials of the Department of Energy who

22 are responsible for independent oversight of matters

23 relating to nuclear safety at defense nuclear facilities

24 and enforcement of nuclear safety standards at such

25 facilities maintain independence from officials who

26 are engaged in management of such facilities;
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1 (2) the independent, internal oversight functions

2 carried out by the Department include, at the mini3 mum, activities relating to—

4 (A) the assessment of the safety of defense

5 nuclear facilities;

6 (B) the assessment of the effectiveness of De7 partment program offices in carrying out pro8 grams relating to the environment, safety, health,

9 and security at defense nuclear facilities;

10 (C) the provision to the Secretary of over11 sight reports that—

12 (i) contain validated technical infor13 mation; and

14 (ii) provide a clear analysis of the ex15 tent to which line programs governing de16 fense nuclear facilities meet applicable goals

17 for the environment, safety, health, and se18 curity at such facilities; and

19 (D) the development of clear performance

20 standards to be used in assessing the adequacy of

21 the programs referred to in subparagraph

22 (C)(ii);

23 (3) the Department has a system for bringing is24 sues relating to nuclear safety at defense nuclear fa25 cilities to the attention of the officials of the Depart-
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1 ment (including the Secretary of Energy) having au2 thority to resolve such issues in an adequate and

3 timely manner; and

4 (4) an adequate number of qualified personnel of

5 the Department are assigned to oversee matters relat6 ing to nuclear safety at defense nuclear facilities and

7 enforce nuclear safety standards at such facilities.

8 (c) REPORT.—Not later than 90 days after the date

9 of the enactment of this Act, the Secretary of Energy shall

10 submit to the congressional defense committees a report de11 scribing—

12 (1) the actions that the Secretary has taken or

13 will take to fulfill the requirements set forth in para14 graphs (1), (2), and (3) of subsection (b);

15 (2) the actions in addition to the actions de16 scribed under paragraph (1) that the Secretary could

17 take in order to fulfill such requirements; and

18 (3) the respective roles with regard to nuclear

19 safety at defense nuclear facilities of the following of20 ficials:

21 (A) The Associate Deputy Secretary of En22 ergy for Field Management.

23 (B) The Assistant Secretary of Energy for

24 Defense Programs.
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1 (C) The Assistant Secretary of Energy for

2 Environmental Restoration and Waste Manage3 ment.

4 SEC. 3161. CONDITIONS ON CONTRACTS BETWEEN THE

5 FEDERAL GOVERNMENT AND CERTAIN LES6 SEES AND TRANSFEREES OF DEPARTMENT

7 OF ENERGY PROPERTY.

8 (a) CONDITIONS.—Notwithstanding any other provi9 sion of law, the head of a department or agency of the Unit10 ed States may require as a condition of a contract with

11 an entity described in subsection (b) that such entity cer12 tifies to the head of the department or agency the following:

13 (1) That no officer, director, employee, or agent

14 of the entity has utilized in the preparation of the bid

15 or solicitation for the contract—

16 (A) any records or systems of records of the

17 Federal Government that are covered by section

18 552a of title 5, United States Code;

19 (B) any information or data of the Federal

20 Government that has not been released or other21 wise made generally available for preparation of

22 bids or proposals on the contract; or

23 (C) any commercial information or data of

24 another entity that has not been released or oth25 erwise made generally available for that purpose.
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1 (2) That the entity has returned, destroyed, or

2 otherwise disposed of all documents received from the

3 Federal Government by reason of any earlier contract

4 between the Federal Government and the entity for

5 the operation of the facility which is leased, or with

6 respect to which property is transferred, to the entity

7 pursuant to a provision of law referred to in sub8 section (b).

9 (b) COVERED ENTITIES.—Subsection (a) applies to

10 any entity, or the affiliate, successor to, or assign of the

11 entity, to which the Secretary of Energy leases a Depart12 ment of Energy facility under section 646(c) of the Depart13 ment of Energy Organization Act (42 U.S.C. 7256(d)) or

14 to which the Secretary transfers personal property of such

15 a facility under section 3155(a) of the National Defense Au16 thorization Act for Fiscal Year 1994 (Public Law 103–160;

17 107 Stat. 1953; 42 U.S.C. 7274l(c)).

18 TITLE XXXII—DEFENSE NU19 CLEAR FACILITIES SAFETY

20 BOARD AUTHORIZATION

21 SEC. 3201. AUTHORIZATION.

22 There are authorized to be appropriated for fiscal year

23 1995, $17,933,000 for the operation of the Defense Nuclear

24 Facilities Safety Board under chapter 21 of the Atomic En25 ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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1 TITLE XXXIII—NATIONAL

2 DEFENSE STOCKPILE

3 SEC. 3301. DISPOSAL OF OBSOLETE AND EXCESS MATE4 RIALS CONTAINED IN THE NATIONAL DE5 FENSE STOCKPILE.

6 (a) DISPOSAL AUTHORIZED.—Subject to the condi7 tions specified in subsection (b), the President may dispose

8 of obsolete and excess materials currently contained in the

9 National Defense Stockpile in order to modernize the stock10 pile. The materials subject to disposal under this subsection

11 and the quantity of each material authorized to be disposed

12 of by the President are set forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Aluminum ............................................................................................. 62,843 short tons

Tungsten Group ................................................................................... 51,336,478 pounds of

contained tungsten

13 (b) CONDITIONS ON DISPOSAL.—The authority of the

14 President under subsection (a) to dispose of materials stored

15 in the stockpile may not be used unless and until the Sec16 retary of Defense certifies that the disposal of such materials

17 will not adversely affect the capability of the National De18 fense Stockpile to supply the strategic and critical materials

19 necessary to meet the needs of the United States during a

20 period of national emergency that requires a significant

21 level of mobilization of the economy of the United States,

22 including any reconstitution of the military and industrial
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1 capabilities necessary to meet the planning assumptions

2 used by the Secretary of Defense under section 14(b) of the

3 Strategic and Critical Materials Stock Piling Act (50

4 U.S.C. 98h–5(b)).

5 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

6 Subject to such limitations as may be provided in ap7 propriations Acts, during fiscal year 1995, the National De8 fense Stockpile Manager may obligate up to $54,200,000 of

9 the funds in the National Defense Stockpile Transaction

10 Fund established under subsection (a) of section 9 of the

11 Strategic and Critical Materials Stock Piling Act (50

12 U.S.C. 98h) for the authorized uses of such funds under sub13 section (b)(2) of such section.

14 SEC. 3303. REPEAL OF ADVISORY COMMITTEE REQUIRE15 MENT.

16 Section 3306 of the National Defense Authorization

17 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

18 2652; 50 U.S.C. 98h–1 note) is repealed.

19 SEC. 3304. ROTATION OF MATERIALS TO PREVENT TECHNO20 LOGICAL OBSOLESCENCE.

21 Section 6(a)(4) of the Strategic and Critical Materials

22 Stock Piling Act (50 U.S.C. 98e(a)(4)) is amended by in23 serting ‘‘or technological obsolescence’’ after ‘‘deterioration’’.
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1 TITLE XXXIV—CIVIL DEFENSE

2 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

3 There is hereby authorized to be appropriated

4 $129,658,000 for fiscal year 1995 for the purpose of carry5 ing out the Federal Civil Defense Act of 1950 (50 U.S.C.

6 2251 et seq.).

7 TITLE XXXV—PANAMA CANAL

8 COMMISSION

9 SEC. 3501. SHORT TITLE.

10 This title may be cited as the ‘‘Panama Canal Com11 mission Authorization Act for Fiscal Year 1995’’.

12 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

13 (a) IN GENERAL.—Subject to subsection (b), the Pan14 ama Canal Commission is authorized to make such expend15 itures within the limits of funds and borrowing authority

16 available to it in accordance with law, and to make such

17 contracts and commitments without regard to fiscal year

18 limitations, as may be necessary under the Panama Canal

19 Act of 1979 (22 U.S.C. 3601) for the operation, mainte20 nance, and improvement of the Panama Canal for fiscal

21 year 1995.

22 (b) LIMITATIONS.—For fiscal year 1995, the Panama

23 Canal Commission may expend from funds in the Panama

24 Canal Revolving Fund not more than $50,030,000 for ad25 ministrative expenses, of which not more than—
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1 (1) $11,000 may be used for official reception

2 and representation expenses of the Supervisory Board

3 of the Commission;

4 (2) $5,000 may be used for official reception and

5 representation expenses of the Secretary of the Com6 mission; and

7 (3) $30,000 may be used for official reception

8 and representation expenses of the Administrator of

9 the Commission.

10 (c) REPLACEMENT VEHICLES.—Funds available to the

11 Panama Canal Commission shall be available for the pur12 chase of not to exceed 43 passenger motor vehicles (including

13 large heavy-duty vehicles to be used to transport Commis14 sion personnel across the isthmus of Panama). A vehicle

15 may be purchased with such funds only as necessary to re16 place another passenger motor vehicle of the Commission.

17 The purchase price of each vehicle may not exceed $19,500.

18 SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER

19 LAWS.

20 Expenditures authorized under this Act may be made

21 only in accordance with the Panama Canal Treaties of

22 1977 and any law of the United States implementing those

23 treaties.
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1 SEC. 3504. COSTS OF EDUCATIONAL SERVICES OBTAINED IN

2 THE UNITED STATES.

3 Section 1321(e)(2) of the Panama Canal Act of 1979

4 (22 U.S.C. 3731(e)(2)) is amended by inserting ‘‘or the

5 United States’’ after ‘‘schools in the Republic of Panama’’.

6 SEC. 3505. SPECIAL IMMIGRANT STATUS OF PANAMANIANS

7 EMPLOYED BY THE UNITED STATES IN THE

8 FORMER CANAL ZONE.

9 Section 101(a)(27)(F) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(27)(F)) is amended in clause

11 (ii) by inserting ‘‘or continues to be employed by the United

12 States Government in an area of the former Canal Zone’’

13 after ‘‘employment’’.

Amend the title so as to read: ‘‘An Act to authorize

appropriations for fiscal year 1995 for military activities

of the Department of Defense, for military construction,

and for defense programs of the Department of Energy,

to prescribe personnel strengths for such fiscal year for

the Armed Forces, and for other purposes.’’.

Attest:

Secretary.
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