Union Calendar No. 278

103D CONGRESS

2D SESSION H. R. 4301

[Report No. 103–499]

A BILL

To authorize appropriations for fiscal year 1995 for

cal year 1995, and for other purposes.to prescribe military personnel strengths for fismilitary activities of the Department of Defense,

MAY 10, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 278

103D CONGRESS

2D SESSION H. R. 4301

[Report No. 103–499]

To authorize appropriations for fiscal year 1995 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1995, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 1994

Mr. DELLUMS (by request) introduced the following bill; which was referred

to the Committee on Armed Services

MAY 10, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 26, 1994]

A BILL

To authorize appropriations for fiscal year 1995 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1995, and

for other purposes.

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

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

15 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Reserve components.

Sec. 107. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Procurement of helicopters.
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Subtitle C—Navy Programs

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

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

Sec. 123. Prohibition on Trident II backfit.

Sec. 124. Inclusion of conversion of vessels in Fast Sealift Program.

Subtitle D—Air Force Programs

Sec. 131. Intertheater airlift programs.

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

Sec. 133. Bomber force upgrade program.

Subtitle E—Defense-Wide Activities

Sec. 141. Ballistic missile early warning programs.

Subtitle F—National Defense Sealift Fund

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

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

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

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

Subtitle G—Other Matters

Sec. 171. Transfer of USNS Maury.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.

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

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

Laser against an object in space.

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

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

Sec. 216. Advanced lithography program.

Sec. 217. Federally funded research and development centers.

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

Sec. 219. Digital battlefield program.

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

Subtitle C—Missile Defense Programs

Sec. 231. Ballistic missile defense organization budget presentation.

Sec. 232. Theater missile defense programs.

Sec. 233. Theater missile defense risk reduction activities.

Sec. 234. Military satellite communications.

Sec. 235. Limitation on flight tests of certain missiles.
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Subtitle D—Women’s Health Research

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

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Defense Business Operations Fund.

Sec. 303. Armed Forces Retirement Home.

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

Sec. 305. Support for the 1996 Olympics.

Subtitle B—Limitations

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

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

military installations.

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

Recreation Center, Europe.

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

Subtitle C—Depot-Level Activities

Sec. 321. Findings.

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

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

for new weapon systems.

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

Sec. 325. Consideration of costs of closing Department of Defense depots in certain cost comparisons.

Sec. 326. Authority for depot-level activities of the Department of Defense to compete for maintenance and repair workloads of other Federal

agencies.

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

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

of the Department of Defense.

Sec. 329. Reutilization initiative for Army and Navy depot-level activities.

Subtitle D—Defense Business Operations Fund

Sec. 341. Oversight of Defense Business Operations Fund.

Sec. 342. Review by Comptroller General of charges imposed by Defense Business

Operations Fund.

Subtitle E—Department of Defense Domestic and Overseas Schools

Sec. 351. Reauthorization of Department of Defense domestic elementary and secondary schools for military dependents.

Sec. 352. Survey and pilot program for the transfer of Department of Defense domestic dependent elementary and secondary schools to appropriate local educational agencies.

Sec. 353. Evaluation of schools of the defense dependents’ education system with

fewer than 150 students.
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Sec. 354. Prohibition on tuition ceiling for schools of the defense dependents’ education system.

Subtitle F—Other Matters

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

Home.

Sec. 362. National Guard youth program.

Sec. 363. Department of Defense food inventory program.

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

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

Sec. 366. Authority to transport the remains of certain deceased veterans on Department of Defense aeromedical evacuation aircraft.

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

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

Department of Defense.

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

funding.

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

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

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

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

to performance by Department of Defense employees.

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

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

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

Defense assigned to nonappropriated fund instrumentalities.

Sec. 377. Operation of military exchange and commissary store at Naval Air Station Fort Worth, Joint Reserve Center, Carswell Field.

Sec. 378. Ships’ stores.

Sec. 379. Program to commemorate World War II.

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

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

Sec. 382. Authority to issue military identification cards to so-called honorary retirees of the Naval and Marine Corps Reserves.

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

property damage or loss.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

force.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

with guard units.
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Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

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

Sec. 502. Army field grade officer strength limitations.

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

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

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

and Marine Corps.

Sec. 506. Temporary exclusion of Superintendent of Naval Academy from counting toward number of senior admirals authorized to be on active

duty.

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

Subtitle B—Reserve Component Matters

Sec. 511. Selected Reserve activation authority.

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

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

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

members to the Retired Reserve.

Sec. 515. Guard and reserve transition initiatives.

Subtitle C—Other Matters

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

Sec. 522. Coast Guard force reduction transition benefits.

Sec. 523. Extension of Warrant Officer Management Act to Coast Guard.

Sec. 524. Authorized active duty strengths for Army enlisted members in pay

grade E–8.

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

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

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

making allegations of sexual harassment or unlawful discrimination.

Sec. 528. Annual report on personnel readiness.

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

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

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

at certain academies.

Sec. 532. Authorization for instruction of civilian students at Foreign Language

Center of the Defense Language Institute.

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

structure through 1997.

Sec. 534. Discharge of members who are permanently nonworldwide assignable.
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TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Cost-of-living allowance for members of the uniformed services assigned

to high cost areas in the continental United States.

Sec. 603. Increase in subsistence allowance payable to members of Senior Reserve

Officers’ Training Corps.

Subtitle B—Bonuses and Special and Incentive Pays

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

nurse anesthetists.

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

Subtitle C—Travel and Transportation Allowances

Sec. 621. Change in provision of transportation incident to personal emergencies

for members stationed outside the continental United States.

Sec. 622. Clarification of travel and transportation allowance of family members

incident to the serious illness or injury of members.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 631. Elimination of disparity between effective dates for military and civilian retiree cost-of-living adjustments for fiscal year 1995.

Sec. 632. Clarification of calculation of retired pay for officers who retire in a

grade lower than the grade held at retirement.

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

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

nonregular service during force drawdown period.

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

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

plan.

Subtitle E—Other Matters

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

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

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

adopted by members or former members.

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

CHAMPUS, dependents’ dental program, and continued health

benefits coverage.

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

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

health care system.
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Subtitle B—Changes to Existing Laws Regarding Health Care Management

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

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

Sec. 713. Strengthening managed health care authorities.

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

option for military health care.

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

Subtitle C—Other Matters

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

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

Texas.

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

Sec. 724. Sense of Congress on continuity of health care services for covered beneficiaries in certain areas affected by base closures.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Assistance Programs

Sec. 801. Procurement technical assistance programs.

Subtitle B—Acquisition Improvement

PART I—GENERAL IMPROVEMENTS

Sec. 811. Congressional defense procurement policy.

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

Sec. 813. Repeal of vouchering procedures section.

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

parts.

Sec. 815. Contractor guarantees regarding weapon systems.

PART II—MAJOR SYSTEMS STATUTES

Sec. 821. Weapon development and procurement schedules.

Sec. 822. Selected Acquisition Report requirement.

Sec. 823. Unit cost report requirement.

Sec. 824. Requirement for independent cost estimates and manpower estimates before development or production.

Sec. 825. Baseline description.

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

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

PART III—TESTING STATUTES

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

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

Sec. 833. Operational test and evaluation of defense acquisition programs.
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PART IV—CIVIL RESERVE AIR FLEET

Sec. 841. Definition of contractor.

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

Sec. 843. Use of military installations by contractors.

PART V—MISCELLANEOUS

Sec. 851. Extension to Department of Defense generally of provision relating to

manufacture at factories and arsenals.

Sec. 852. Regulations on procurement, production, warehousing, and supply distribution functions.

Sec. 853. Repeal of requirements regarding product evaluation activities.

Sec. 854. Codification and revision of limitation on lease of vessels, aircraft, and

vehicles.

Sec. 855. Repeal of application of Public Contracts Act to certain naval vessel

contracts.

Sec. 856. Consolidation of limitations on procurement of goods other than American goods.

Sec. 857. Department of Defense acquisition of intellectual property rights.

Sec. 858. Department of Defense review of antitrust cases with national security

implications.

Subtitle C—Other Matters

Sec. 871. Environmental consequence analysis of major defense acquisition programs.

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANGAGEMENT

Sec. 901. Revision of National Guard Bureau charter.

Sec. 902. Army Reserve Command.

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

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

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

Secretary of Defense (Comptroller).

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

and Evaluation.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Clarification of scope of authorizations.

Sec. 1003. Incorporation of classified annex.

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

Subtitle B—Contingency Operations

Sec. 1021. Funding for contingency operations.
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Subtitle C—Other Matters

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

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

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

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

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

to end WW II.

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

mustard agents during World War II testing activities.

Sec. 1037. Sense of Congress concerning eligibility for Armed Forces Expeditionary Medal based upon service in El Salvador.

TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND

TRANSITION ASSISTANCE

Sec. 1101. Short title.

Sec. 1102. Funding of defense conversion, reinvestment, and transition assistance

programs for fiscal year 1995.

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

and Defense Conversion

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

1995.

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

technology reinvestment projects.

Sec. 1113. Additional criteria for loan guarantees under the defense dual-use assistance extension program.

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

participation in technology reinvestment projects.

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

Subtitle B—Community Adjustment and Assistance Programs

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

local governments from Office of Economic Adjustment.

Sec. 1122. Studies and plans for market diversification.

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

Subtitle C—Personnel Adjustment, Education, and Training Programs

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

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

Sec. 1133. Pilot program to place separated members and terminated defense employees in teaching positions as bilingual math and science

teachers.

Sec. 1134. Demonstration project to assist separated members and terminated defense workers to become business owners.

Sec. 1135. Demonstration project to promote ship recycling as a method to assist

separated members and terminated defense workers.
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Subtitle D—ARMS Initiative

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

Subtitle E—Other Matters

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

of defense programs.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

Carolina, for which funds have been appropriated.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

Naval Supply Center, Pensacola, Florida.

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

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

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

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

Base, Florida, for which funds have been appropriated.

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

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

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Family housing.

Sec. 2403. Improvement to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

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

Charleston, South Carolina.
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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. Prohibition on using funds for unauthorized Guard and Reserve

projects.

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

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

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

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

Sec. 2802. Navy housing investment agreements.

Sec. 2803. Navy Housing Investment Board.

Subtitle B—Defense Base Closure and Realignment

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

economic planning undertaken by communities adjacent to military installations.

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

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

and realignments.

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

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

Subtitle C—Changes to Existing Land Conveyance Authority

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

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

Virginia.

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

Reserve Plant, New York, as nature preserve.

Sec. 2824. Release of reversionary interest retained as part of conveyance of electricity distribution system, Fort Dix, New Jersey.
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Subtitle D—Land Conveyances

Sec. 2831. Land conveyance, Air Force Plant No. 3, Tulsa, Oklahoma.

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

New York.

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

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

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

New York.

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

Coronado, California.

Sec. 2837. Release of requirements and reversionary interest on certain property

in Baltimore, Maryland.

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

James City County, and Newport News, Virginia.

Subtitle E—Other Matters

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

use certain navy property.

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

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

Francisco, California.

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

Sec. 2855. Study of height restriction and avigation requirements surrounding

Eglin Air Force Base, Florida.

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

Sawyer Air Force Base, Michigan.

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

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

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

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Transfer authority.

Sec. 3125. Authority for construction design.

Sec. 3126. Requirement of conceptual design for request of construction funds.

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.
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Subtitle C—Program Authorizations, Restrictions, and Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.

Sec. 3132. Defense inertial confinement fusion program.

Sec. 3133. Payment of penalties.

Sec. 3134. Water management programs.

Sec. 3135. Worker protection at nuclear weapons facilities.

Sec. 3136. Worker health and protection.

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

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

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

Sec. 3140. Prohibition on prefinancing.

Subtitle D—Other Matters

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

Sec. 3152. Approval for certain nuclear weapons activities.

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

Site, Nevada.

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

cycle.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD AUTHORIZATION

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

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

Sec. 3302. Rejection of change in stockpiling principles.

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

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

Defense Stockpile.

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

purity electrolytic chromium metal.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.

Sec. 3402. Transfer of Federal Civil Defense Act of 1950 to the Robert T. Stafford

Disaster Relief and Emergency Assistance Act.

TITLE XXXV—NAVAL PETROLEUM RESERVES

Sec. 3501. Authorization of appropriations.

Sec. 3502. Price requirement on sale of certain petroleum during fiscal year 1995.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

2 House of Representatives.

3 DIVISION A—DEPARTMENT OF

4 DEFENSE AUTHORIZATIONS

5 TITLE I—PROCUREMENT

6 Subtitle A—Authorization of

7 Appropriations

8 SEC. 101. ARMY.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1995 for procurement for the Army as follows:

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

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

13 (3) For weapons and tracked combat vehicles,

14 $942,886,000.

15 (4) For ammunition, $854,833,000.

16 (5) For other procurement, $2,651,233,000.

17 SEC. 102. NAVY AND MARINE CORPS.

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 1995 for procurement for the Navy

20 as follows:

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

22 (2) For weapons, including missiles and tor23 pedoes, $2,223,246,000.

24 (3) For shipbuilding and conversion,

25 $6,869,897,000.
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1 (4) For other procurement, $3,241,611,000.

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

3 be appropriated for fiscal year 1995 for procurement for

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

5 SEC. 103. AIR FORCE.

6 Funds are hereby authorized to be appropriated for fis7 cal year 1995 for procurement for the Air Force as follows:

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

9 (2) For weapons including missiles,

10 $3,953,232,000.

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

12 SEC. 104. DEFENSE-WIDE ACTIVITIES.

13 Funds are hereby authorized to be appropriated for fis14 cal year 1995 for defense-wide procurement in the amount

15 of $2,066,694,000.

16 SEC. 105. DEFENSE INSPECTOR GENERAL.

17 Funds are hereby authorized to be appropriated for fis18 cal year 1995 for procurement for the Inspector General of

19 the Department of Defense in the amount of $1,000,000.

20 SEC. 106. RESERVE COMPONENTS.

21 Funds are hereby authorized to be appropriated for fis22 cal year 1995 for procurement of aircraft, vehicles, commu23 nications equipment, and other equipment for the reserve

24 components of the Armed Forces as follows:

25 (1) For the Army National Guard, $262,000,000.
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1 (2) For the Air National Guard, $176,000,000.

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

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

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

5 (6) For the Marine Corps Reserve, $47,300,000.

6 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

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

8 appropriated for fiscal year 1995 the amount of

9 $670,349,000 for—

10 (1) the destruction of lethal chemical agents and

11 munitions in accordance with section 1412 of the De12 partment of Defense Authorization Act, 1986 (50

13 U.S.C. 1521); and

14 (2) the destruction of chemical warfare material

15 of the United States that is not covered by section

16 1412 of such Act.

17 (b) ALLOCATION.—Of the funds specified in subsection

18 (a)—

19 (1) $365,084,000 is for operations and mainte20 nance;

21 (2) $284,465,000 is for procurement; and

22 (3) $20,800,000 is for research and development

23 efforts in support of the nonstockpile chemical weap24 ons program.
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1 Subtitle B—Army Programs

2 SEC. 111. PROCUREMENT OF HELICOPTERS.

3 Sections 132 and 133 of the National Defense Author4 ization Act for Fiscal Years 1990 and 1991 (Public Law

5 101–189) are repealed.

6 Subtitle C—Navy Programs

7 SEC. 121. TERMINATION OF NAVY F–14A/B UPGRADE PRO8 GRAM.

9 (a) TERMINATION.—The Secretary of Defense shall ter10 minate the F–14A/B aircraft upgrade program.

11 (b) LIMITATION ON FUNDS.—None of the funds appro12 priated or otherwise made available to the Department of

13 Defense for procurement for fiscal year 1995 or a later fiscal

14 year may be obligated for the F–14A/B aircraft upgrade

15 program.

16 SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYS17 TEMS FOR TRIDENT II MISSILES.

18 No funds authorized to be appropriated for fiscal year

19 1995 for Mark 6 guidance systems for Trident II (D–5)

20 missiles may be obligated until the Secretary of Defense cer21 tifies to the congressional defense committees that, based

22 upon a review by the Secretary of the readiness, testing,

23 spares, and logistics requirements for the guidance system,

24 the inventory objective of 562 units of the guidance system
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1 is required to support the inventory objective for Trident

2 II (D–5) missiles.

3 SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.

4 The Secretary of the Navy may not modify any Tri5 dent I submarine to enable that submarine to be deployed

6 with Trident II (D–5) missiles.

7 SEC. 124. INCLUSION OF CONVERSION OF VESSELS IN FAST

8 SEALIFT PROGRAM.

9 Section 1424(b) of the National Defense Authorization

10 Act for Fiscal Year 1991 (10 U.S.C. 7291 note) is

11 amended—

12 (1) by inserting ‘‘or converted’’ after ‘‘con13 structed’’ each place it appears; and

14 (2) by inserting ‘‘or conversion’’ after ‘‘construc15 tion’’ each place it appears.

16 Subtitle D—Air Force Programs

17 SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.

18 (a) AUTHORIZATION.—Of the amount provided in sec19 tion 103 for procurement of aircraft for the Air Force—

20 (1) $550,000,000 shall be available for Non-De21 velopmental Alternative Aircraft procurement; and

22 (2) $1,856,402,000 shall be available for the C–

23 17 aircraft program, of which—

24 (A) $1,802,819,000 is for procurement of

25 four C–17 aircraft;
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1 (B) $47,475,000 is for advance procurement

2 of four C–17 aircraft for fiscal year 1996; and

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

4 (b) REQUIREMENT FOR COMPETITION.—The Secretary

5 of Defense shall use competitive procedures in selecting a

6 source for the aircraft to be procured as Non-Developmental

7 Alternative Aircraft under subsection (a).

8 (c) NOTICE TO CONGRESS.—Funds described in sub9 section (a) may not be obligated for procurement under sub10 section (a) until 60 days after the date which the Secretary

11 of Defense submits to the congressional defense committees

12 a report describing the Secretary’s plan for the obligation

13 of those funds.

14 (d) PRESERVATION OF INTERTHEATER AIRLIFT CA15 PACITY.—In acquiring aircraft under subsection (a), the

16 Secretary of Defense shall structure the acquisition of those

17 aircraft so as to preserve the aggregate intertheater airlift

18 capacity of the Air Force (measured in millions of ton-miles

19 per day) as of the date of the enactment of this Act.

20 SEC. 132. B–2 BOMBER PROGRAM COST LIMITATION.

21 In determining the expenditures to be applied against

22 the total program cost limitation of $28,968,000,000 (in fis23 cal year 1981 constant dollars) specified by law for the

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

25 Defense associated with preserving the industrial facilities
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1 used to produce that aircraft shall be included in that total

2 program cost.

3 SEC. 133. BOMBER FORCE UPGRADE PROGRAM.

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

5 funds authorized by section 104 for defense-wide procure6 ment activities, $100,000,000 shall be for a heavy bomber

7 force upgrade fund. The Secretary of Defense may obligate

8 amounts in the fund for—

9 (1) long-range heavy bombers that would other10 wise become attrition reserve aircraft;

11 (2) accelerating conventional mission upgrades

12 for the B–1 bomber; or

13 (3) a combination of expenditures under para14 graphs (1) and (2).

15 (b) NOTICE TO CONGRESS.—Funds described in sub16 section (a) may not be obligated until 30 days after the

17 date on which the Secretary of Defense submits to the con18 gressional defense committees notice of the Secretary’s pro19 posed expenditures from that fund for the purposes specified

20 in subsection (a).

21 Subtitle E—Defense-Wide Activities

22 SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.

23 (a) RISK MITIGATION FUND.—From funds authorized

24 by section 104 for defense-wide procurement, $300,000,000

25 shall be for a satellite early-warning assurance fund. The
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1 Secretary of Defense may obligate amounts in the fund

2 for—

3 (1) continued procurement of Defense Support

4 Program (DSP) satellite number 24;

5 (2) accelerated development of the Alert, Locate,

6 and Report Missiles (ALARM) satellite program lead7 ing to launch of the first satellite under that program

8 no later than the first quarter of 2002;

9 (3) development of the Brilliant Eyes satellite

10 sensor system;

11 (4) acquisition of up to three additional interim

12 theater missile sensors; or

13 (5) a combination of expenditures under para14 graphs (1), (2), (3), and (4).

15 (b) NOTICE TO CONGRESS.—Funds described in sub16 section (a) may not be obligated until after the date on

17 which the Secretary of Defense submits to the congressional

18 defense committees notice of the Secretary’s proposed ex19 penditures from that fund for the purposes specified in sub20 section (a).
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1 Subtitle F—National Defense

2 Sealift Fund

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

4 FUNDS TO CVN–76 CONSTRUCTION.

5 None of the fiscal year 1994 unauthorized sealift ap6 propriation (as defined in section 164) may be transferred

7 (pursuant to the provisions of an Act making appropria8 tions for a fiscal year after fiscal year 1994 or to authority

9 provided under such an Act) to funds appropriated for fis10 cal year 1994 or a later fiscal year for Shipbuilding and

11 Conversion, Navy, to be available for CVN–76 construction.

12 SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT

13 FUND PROGRAM.

14 (a) USE OF FISCAL YEAR 1994 UNAUTHORIZED SEA15 LIFT APPROPRIATION.—From the fiscal year 1994 unau16 thorized sealift appropriation (as defined in section 164),

17 the amount of $608,600,000 shall, to the extent provided

18 in appropriations Acts making appropriations for a fiscal

19 year after fiscal year 1994, be available for fiscal year 1995

20 programs to be carried out through the National Defense

21 Sealift Fund, of which—

22 (1) $546,400,000 is for the execution of new ship

23 construction contract options for construction of two

24 prepositioning surge ships;
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1 (2) $43,000,000 is for procurement and installa2 tion of national defense sealift features on privately

3 owned, United States documented commercial roll-on/

4 roll-off vessels that are constructed after the date of

5 the enactment of this Act by a shipyard located in the

6 United States; and

7 (3) $19,200,000 is for research and development

8 of strategic sealift technology.

9 (b) DENIAL OF AUTHORIZATION OF APPROPRIATIONS

10 FOR FISCAL YEAR 1995.—No funds are authorized to be

11 appropriated to the National Defense Sealift Fund for fiscal

12 year 1995.

13 SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III AC14 COUNT.

15 From the fiscal year 1994 unauthorized sealift appro16 priation (as defined in section 164), the amount of

17 $591,400,000 shall, to the extent provided in appropriations

18 Acts, be transferred to, and deposited in, the account ‘‘BASE

19 REALIGNMENT AND CLOSURE ACCOUNT, PART III’’, to be

20 available for the same purposes, and subject to the same

21 limitations, as other funds in that account.

22 SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT AP23 PROPRIATION DEFINED.

24 For purposes of this subtitle, the term ‘‘fiscal year 1994

25 unauthorized sealift appropriation’’ means $1,200,000,000
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1 of the amount appropriated for fiscal year 1994 to the Na2 tional Defense Sealift Fund (in title V of the Department

3 of Defense Appropriations Act, 1994 (Public Law 103–139;

4 107 Stat. 1435)).

5 Subtitle G—Other Matters

6 SEC. 171. TRANSFER OF USNS MAURY.

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

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

9 of Transportation for assignment as a training ship to the

10 California Maritime Academy at Vallejo, California. The

11 transfer shall be made on the date of the decommissioning

12 of that vessel.

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

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

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

16 date of the conveyance;

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

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

19 (2) The Secretary may require such additional terms

20 and conditions in connection with the transfer authorized

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

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for fis8 cal year 1995 for the use of the Department of Defense for

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

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

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

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

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

14 of which—

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

17 (B) $12,501,000 is authorized for the Direc18 tor of Operational Test and Evaluation.

19 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR20 ATORY DEVELOPMENT.

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

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

23 available for basic research and exploratory development

24 projects.
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1 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP2 MENT DEFINED.—For purposes of this section, the term

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

4 funded in program elements for defense research and devel5 opment under Department of Defense category 6.1 or 6.2.

6 Subtitle B—Program Requirements,

7 Restrictions, and Limitations

8 SEC. 211. SPACE LAUNCH MODERNIZATION.

9 (a) POLICY.—(1) It is in the Nation’s long-term na10 tional security and economic interests to regain pre11 eminence in the area of space launch technology and oper12 ations.

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

14 to maintaining required command, control, communica15 tions, intelligence, navigation, weather, and early warning

16 support to United States and coalition forces.

17 (3) Encouragement of privately financed, cost effective

18 expendable and reusable launch vehicles is in the economic

19 interest of the Department of Defense and the United States

20 Government.

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

22 shall take the following actions in pursuance of the space

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

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

25 consolidate the current fleet of medium and heavy ex-
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1 pendable launch vehicles with new or upgraded ex2 pendable launch vehicles or with a combination of ex3 pendable and reusable launch vehicles. The Secretary

4 shall initiate flight tests of new or upgraded expend5 able launch vehicles and of reusable launch vehicles

6 not later than 1998 to achieve an initial launch capa7 bility for selected replacement vehicles not later than

8 July 1, 2002. The program shall include a fly-before9 buy acquisition strategy with both advanced concept

10 technology demonstrations of expendable launch vehi11 cles and advanced technology demonstrations of reus12 able launch vehicles.

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

14 competitive Advanced Concept Technology Dem15 onstration program to achieve a cost reduction over

16 current medium and heavy expendable launch vehicles

17 of at least 15 percent in flyaway cost per pound (in

18 fiscal year 1994 dollars) and at least 25 percent re19 duction in launch operations costs per launch (in fis20 cal year 1994 dollars).

21 (3) Encourage and evaluate innovative acquisi22 tion, technical, and financing (including best com23 mercial practices) solutions for providing affordable,

24 operable, reliable, and responsive access to space.
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1 (4) Centralize oversight of launch requirements

2 of the Department of Defense and other users to pre3 clude inflated requirements from escalating current

4 and future launch costs.

5 (5) Encourage and provide incentives for the use

6 of commercial practices in the acquisition, operation,

7 and support of Department of Defense space oper8 ations.

9 (6) Establish effective suitable coordination

10 among military, civilian, and commercial launch de11 velopers and users.

12 (c) ALLOCATION OF FUNDS.—Of the amount author13 ized to be appropriated in section 201(3), $200,000,000

14 shall be available for research, development, test, and eval15 uation of non-man-rated space launch systems and tech16 nologies. Of that amount—

17 (1) $100,000,000 shall be available only for a

18 competitive reusable rocket technology demonstration

19 program, including—

20 (A) use of at least 90 percent of such

21 amount for development and flight testing of one

22 or more technology demonstration vehicles, and

23 (B) further development of reusable rocket

24 technologies; and
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1 (2) $100,000,000 shall be available only for an

2 Advanced Concept Technology Demonstration pro3 gram for expendable launch vehicles, including—

4 (A) competitive development and flight test5 ing of advanced concept technology demonstra6 tion vehicles, and

7 (B) further development of enhanced tech8 nologies related to expendable launch vehicles, in9 cluding Russian rocket propulsion technology.

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

11 funds made available by subsection (c) may be used for di12 rect and indirect Department of Defense-related program

13 office, contractor support, and management overhead costs.

14 (2) Program office staff may not exceed 10 individuals,

15 including contractor support.

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

17 be released or otherwise transferred for execution or obliga18 tion to any Government department, agency, or organiza19 tion outside the Department of Defense.

20 SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECH21 NOLOGY DEMONSTRATION.

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

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

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

25 amount for the Air Force shall be used for the conduct of
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1 a demonstration of nondevelopmental technology that would

2 enable the use of a single adaptor kit for munitions de3 scribed in paragraph (2) in order to give those munitions

4 a standoff and near-precision guided capability. Such

5 amounts shall be obligated not later than nine months after

6 the date of the enactment of this Act.

7 (2) Paragraph (1) applies to guided and unguided in8 inventory munitions of the class of 1,000 pounds and below.

9 (b) REPORT.—The Secretary of the Defense shall sub10 mit to the congressional defense committees a report setting

11 forth in detail the results and costs of the demonstration

12 and the applicability of the technology demonstrated in pro13 viding the Armed Forces with an inexpensive solution to

14 providing both range extension and near-precision guided

15 capability to in-inventory munitions.

16 SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-IN17 FRARED ADVANCED CHEMICAL LASER

18 AGAINST AN OBJECT IN SPACE.

19 The Secretary of Defense may not carry out a test of

20 the Mid-Infrared Advanced Chemical Laser (MIRACL)

21 transmitter and associated optics against an object in space

22 during fiscal year 1995 unless such testing is specifically

23 authorized by law.
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1 SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COM2 BAT SYSTEMS TESTING REQUIREMENTS.

3 (a) COVERED SYSTEMS.—Subsection (a) of section 220

4 of the National Defense Authorization Act for Fiscal Year

5 1994 (Public Law 103–160; 107 Stat. 1589) is amended—

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

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

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

9 stand-alone’’ before ‘‘command, control, and commu10 nications countermeasure system’’.

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

12 such Act is amended to read as follows:

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

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

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

16 level integrated or stand-alone command, control, and com17 munications countermeasure system regardless of whether

18 development of the electronic combat system or the com19 mand, control, and communications countermeasure sys20 tem, as the case may be, began before, on, or after the date

21 of the enactment of this Act.’’.

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

23 PROGRAM.

24 (a) Subject to subsection (b), the Secretary of the Navy

25 shall, not later than September 30, 1994, obligate funds ap26 propriated to the Department of Defense for fiscal year
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1 1994 and prior years to carry out logistics support, mainte2 nance, and integration of existing Advanced Self Protection

3 Jammer systems from the Navy inventory into the F–14D

4 aircraft for testing and evaluation. The Secretary may ac5 quire sufficient racks, spares, and logistic support, includ6 ing hardware and software, necessary to maintain the exist7 ing ASPJ systems in the Navy inventory.

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

9 under subsection (a) only to the extent provided in appro10 priations Acts.

11 (c) The Secretary of the Navy shall carry out sub12 section (a) notwithstanding section 122 of the National De13 fense Authorization Act for Fiscal Year 1993 (Public Law

14 102–484; 106 Stat. 2334).

15 SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.

16 (a) PURPOSE.—The purpose of the Advanced Lithog17 raphy Program (hereinafter in this section referred to as

18 the ‘‘ALP’’) is to fund goal-oriented research and develop19 ment to be conducted in both the public and private sectors

20 to help achieve a competitive position for American lithog21 raphy tool manufacturers in the international market

22 place.

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

24 be conducted in accordance with research and development

25 plans (including an interim plan) developed by the Semi-
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1 conductor Technology Council, established in section 273 of

2 the National Defense Authorization Act for Fiscal Years

3 1988 and 1989 (15 U.S.C. 4603) (as amended by section

4 263 of the National Defense Authorization Act for Fiscal

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

6 (2) The interim plan referred to in paragraph (1) shall

7 be the Semiconductor Industry Association (SIA) 1994 de8 velopment plan for lithography.

9 (c) PROGRAM MANAGEMENT.—The Advanced Research

10 Projects Agency (ARPA) shall be the executive agent for the

11 ALP and shall ensure seamless program planning of the

12 ALP into the full range of ARPA core electronics develop13 ment programs.

14 (d) FUNDING.—Of the funds authorized to be appro15 priated in section 201, $100,000,000 shall be available for

16 the advanced lithography program. Of that amount—

17 (1) $75,000,000 shall be available to conduct re18 search and development activities in accordance with

19 subsection (b); and

20 (2) $25,000,000 shall be available to procure ad21 vanced American-manufactured lithography tools for

22 evaluation at Government-owned or Government23 sponsored research facilities engaged in advanced li24 thography.
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1 (e) REQUIREMENTS.—Not later than January 1,

2 1995—

3 (1) the President shall appoint to the Semi4 conductor Technology Council, referred to in sub5 section (a), the members listed in section 273(c) of the

6 National Defense Authorization Act for Fiscal Years

7 1988 and 1989 (15 U.S.C. 4603);

8 (2) the Under Secretary of Defense for Acquisi9 tion and Technology, in his capacity as Cochairman

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

11 the purpose of developing a national strategy for li12 thography;

13 (3) the Council shall issue a Department of De14 fense instruction for the operation of the Council; and

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

16 Secretary of Defense a plan for achieving the national

17 strategy for lithography.

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

19 may be obligated by the Department of Defense for the High

20 Performance Computing Program (PE 602301E), Sematech

21 (PE 603745E), or Warbreaker (PE 603226E; Project

22 EE40) unless the events listed in subsection (e) have oc23 curred.
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1 SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOP2 MENT CENTERS.

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

4 Development Center (FFRDC) of the Department of Defense

5 that functions primarily as a research laboratory may re6 spond to solicitations and announcements under programs

7 authorized by the Federal Government for the purpose of

8 promoting the development and transfer of dual-use tech9 nology to the United States industrial sector if such

10 FFRDC meets the following conditions:

11 (1) The FFRDC is a collaborating member of a

12 United States industry-led team.

13 (2) The nature of such collaboration is that of a

14 precompetitive research and technology development

15 effort.

16 (b) USE OF COOPERATIVE AGREEMENTS.—An FFRDC

17 described in subsection (a) that responds to a solicitation

18 or announcement described in such subsection shall not be

19 considered to be engaging in a competitive procedure and

20 may use a cooperative research and development agreement

21 (as defined in section 12 of the Stevenson-Wydler Tech22 nology Innovation Act of 1980 (15 U.S.C. 3710a)) or other

23 cooperative agreement as the instrument of participation

24 in the solicitation or announcement.
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1 SEC. 218. DEFENSE EXPERIMENTAL PROGRAM TO STIMU2 LATE COMPETITIVE RESEARCH.

3 (a) IN GENERAL.—(1) The Secretary, through the Di4 rector of Defense Research and Engineering, shall operate

5 a Defense Experimental Program to Stimulate Competitive

6 Research (hereinafter in this section referred to as

7 ‘‘DEPSCoR’’) as part of the university research programs

8 of the Department of Defense.

9 (2) The objectives of DEPSCoR shall be—

10 (A) to enhance the competitiveness within the

11 peer-review system of investigators from academic in12 stitutions in eligible States; and

13 (B) to increase the probability of long-term

14 growth of competitive funding to investigators at in15 stitutions from eligible States.

16 (3) In order to carry out the objectives stated in para17 graph (2), DEPSCoR shall provide for activities which may

18 include competitive research awards, research infrastruc19 ture support, and graduate traineeships.

20 (4) DEPSCoR shall assist those States that—

21 (A) historically have received relatively little

22 Federal research and development funding; and

23 (B) have demonstrated a commitment to develop

24 their research bases and improve science and engi25 neering research and education programs at their

26 universities and colleges.
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1 (b) DEFINITION.—The term ‘‘eligible States’’ means

2 States that have been designated by the Director of the Na3 tional Science Foundation as eligible to participate in the

4 Experimental Program to Stimulate Competitive Research.

5 (c) COORDINATION.—The Secretary shall consult with

6 the Director of the National Science Foundation and the

7 Director of the Office of Science and Technology Policy in

8 the planning, development, and execution of DEPSCoR and

9 shall coordinate the Department’s program with similar

10 programs sponsored by other Federal agencies. All solicita11 tions shall be made to, and all awards shall be made

12 through, the State committees established by the National

13 Science Foundation for the purpose of administering the

14 Experimental Program to Stimulate Competitive Research.

15 The State committees shall ensure that the DEPSCoR pro16 gram is coordinated with other Federal Experimental Pro17 gram to Stimulate Competitive Research initiatives in their

18 respective States.

19 SEC. 219. DIGITAL BATTLEFIELD PROGRAM.

20 (a) ESTABLISHMENT OF PROGRAM.—The Secretary of

21 the Army shall establish a Digital Battlefield program to

22 provide enhancements required to field components for a

23 digitalized battlefield by 1996. These enhancements shall in24 clude electronics, second-generation forward-looking infra25 red technology, and communications for major platforms
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1 and development of applique packages for platforms without

2 embedded digital systems.

3 (b) FUNDING.—Of the amounts authorized to be appro4 priated pursuant to section 201, $50,000,000 shall be avail5 able for fiscal year 1995 for the digital battlefield program

6 (PE 203758A).

7 (c) PROGRAM LIMITATION.—None of the funds appro8 priated pursuant to section 201 for the digital battlefield

9 program (PE 203758A) for the Army for fiscal year 1995

10 may be obligated for research and development activities for

11 development or integration of such program until the Sec12 retary of the Army—

13 (1) establishes, and programs funds for, a re14 search and development program to enhance the proc15 essing and memory capability of the electronic sys16 tems on the Abrams tank to make the M1/M1A2

17 Abrams tank compatible and interoperable with the

18 digital battlefield, when placed into service;

19 (2) restructures the M1 Abrams tank upgrade

20 program to incorporate the enhancements produced by

21 the research and development program established

22 under paragraph (1);

23 (3) transmits to the congressional defense com24 mittees a report providing notice of the restructured
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1 M1A2 program under paragraph (2) and a descrip2 tion of the program;

3 (4) coordinates with the Secretary of the Navy to

4 include the Marine Corps in the Army’s plans for the

5 digital battlefield; and

6 (5) transmits to the congressional defense com7 mittees a report describing—

8 (A) the Army’s plan of actions and mile9 stones for defining the overall system architecture

10 for the digital battlefield, the standards and pro11 tocols for the digital battlefield, and resulting re12 quirements;

13 (B) how those requirements affect or will af14 fect the major platforms that will make up the

15 digital battlefield; and

16 (C) the manner in which coordination with

17 the Secretary of the Navy under paragraph (4)

18 is being carried out.

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

20 QUAY CAUSEWAY PROGRAM.

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

22 (1) The concepts of the sea-going Mobile Off23 Shore Base and the related Landing Ship Quay

24 Causeway could result in significant improvements in

25 the capability for the Armed Forces to respond to cri-
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1 ses in those areas where land bases are not available

2 for use by those forces.

3 (2) The potential development and acquisition

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

5 Ship Quay Causeway are such that any program for

6 development of the Mobile Off-Shore Base or the

7 Landing Ship Quay Causeway should be designated

8 as a major defense acquisition program.

9 (b) LIMITATION.—No funds are authorized for fiscal

10 year 1995 for research and development for a Mobile Off11 Shore Base or a Landing Ship Quay Causeway program.

12 The Secretary of Defense may not develop or acquire a Mo13 bile Off-Shore Base or a Landing Ship Quay Causeway

14 until both of the following occur:

15 (1) The military requirement for a Mobile Off16 Shore Base and a Landing Ship Quay Causeway, as

17 reflected in operational requirements documents, is

18 approved by the Joint Requirements Oversight Coun19 cil.

20 (2) The Secretary of Defense certifies to the con21 gressional defense committees that—

22 (A) there is a validated requirement for the

23 Mobile Off-Shore Base or the Landing Ship

24 Quay Causeway; and
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1 (B) the acquisition plan and program to

2 fulfill the requirement are established and are

3 funded to the end of the current future-years de4 fense program submitted pursuant to section 221

5 of title 10, United States Code.

6 Subtitle C—Missile Defense

7 Programs

8 SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION

9 BUDGET PRESENTATION.

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

11 amounts requested for the Ballistic Missile Defense Organi12 zation shall be set forth showing the amounts requested for

13 each individual program, project, and activity of that orga14 nization as well as the total amount requested for the orga15 nization.

16 SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.

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

18 amount provided for the Ballistic Missile Defense Organiza19 tion under section 201 for Theater Missile Defense, not less

20 than $40,000,000 shall be available to support the aggres21 sive exploration of the Navy Upper Tier Program for Naval

22 Theater Missile Defense.

23 (b) ACCELERATED ADVANCED CONCEPT TECHNOLOGY

24 DEMONSTRATION PROGRAM.—The Secretary of Defense,

25 acting through the Director of the Ballistic Missile Defense
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1 Organization, shall initiate during fiscal year 1995 an ac2 celerated Advanced Concept Technology Demonstration

3 Program to demonstrate the technical feasibility of using

4 the Navy’s Block IV Standard Missile combined with a kick

5 stage rocket motor and the lightweight Exoatmospheric Pro6 jectile (LEAP) as a near-term option for cost-effective wide7 area Theater Missile Defense.

8 (c) THEATER MISSILE DEFENSE PROGRAM PRIOR9 ITIES.—(1) The Secretary of Defense, acting through the

10 Director of the Ballistic Missile Defense Organization, shall

11 establish as the first priority of the Theater Missile Defense

12 Program the deployment of—

13 (A) a layered land-based Theater Missile Defense

14 capability consisting of the Patriot Advanced Capa15 bility (PAC–3) system and the Theater High-Altitude

16 Area Defense (THAAD) system; and

17 (B) a layered sea-based Theater Missile Defense

18 capability consisting of the Navy Lower Tier theater

19 missile defense program and the Navy Upper Tier

20 theater missile defense program.

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

22 be treated by the Department of Defense as a major acquisi23 tion program for funding purposes for fiscal years 1995

24 through 1999, as prescribed in the October 1993 report of
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1 the Secretary of Defense entitled ‘‘Report on the Bottom Up

2 Review’’ and in Defense Planning Guidance.

3 SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION AC4 TIVITIES.

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

6 201 for Defense-Wide Activities, $210,000,000 is for theater

7 missile defense risk reduction activities of the Ballistic Mis8 sile Defense Organization. None of such amount may be ob9 ligated for a program specified in subsection (b) until 30

10 days after the date on which the Secretary of Defense sub11 mits to the congressional defense committees notice of the

12 Secretary’s plans to obligate funds for such program.

13 (b) PROGRAMS.—The programs referred to in sub14 section (a) are the following:

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

16 program.

17 (2) The Multi-Mode Missile.

18 (3) Sea-based lower tier systems.

19 (4) Sea-based upper tier systems.

20 SEC. 234. MILITARY SATELLITE COMMUNICATIONS.

21 (a) MILSTAR LIMITATION.—Of the amount author22 ized in section 201 for the MILSTAR satellite communica23 tions program, $50,000,000 may not be obligated until a

24 report setting forth the plan described in subsection (b) has

25 been received by the congressional defense committees.
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1 (b) MILITARY COMMUNICATIONS MASTER PLAN.—The

2 Secretary of Defense shall develop a military communica3 tions master plan that addresses—

4 (1) the projected military communications re5 quirements of the Department of Defense;

6 (2) alternate and innovative ways of meeting

7 those requirements (including greater reliance on the

8 commercial sector); and

9 (3) methods to ensure that those elements of the

10 Department of Defense that create the demand for

11 such communications services are required to have an

12 important role in paying for the provision of those

13 services.

14 SEC. 235. LIMITATION ON FLIGHT TESTS OF CERTAIN MIS15 SILES.

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

17 conduct a flight test program of theater missile defense

18 interceptors and sensors if an anticipated result of the

19 launch of a missile under that test program would be release

20 of debris in a land area of the United States outside a des21 ignated Department of Defense test range.

22 (b) DEFINITION OF DEBRIS.—For purposes of sub23 section (a), the term ‘‘debris’’ does not include particulate

24 matter that is regulated for considerations of air quality.
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1 (c) CERTAIN TESTING UNAFFECTED.—Nothing in this

2 section shall be construed as prohibiting or limiting testing

3 of cruise missiles, unmanned aerial vehicles (UAVs), or pre4 cision-guided munitions.

5 Subtitle D—Women’s Health

6 Research

7 SEC. 241. DEFENSE WOMEN’S HEALTH RESEARCH PRO8 GRAM.

9 (a) CONTINUATION OF THE PROGRAM.—The Secretary

10 of Defense shall continue the Defense Women’s Health Re11 search Program (hereinafter in this section referred to as

12 the ‘‘Program’’) established in fiscal year 1994 pursuant

13 to the authority in section 251 of the National Defense Au14 thorization Act for Fiscal Year 1994 (Public Law 103–160;

15 107 Stat. 1606). The Program shall continue under an

16 Army executive agency or agent and shall serve as the co17 ordinating agent for multidisciplinary and multi-institu18 tional research within the Department of Defense on wom19 en’s health issues related to service in the Armed Forces.

20 The Program also shall coordinate with research supported

21 by the Department of Health and Human Services and

22 other agencies that is aimed at improving the health of

23 women.

24 (b) IMPLEMENTATION PLAN.—If the Secretary of De25 fense intends to change the plan for the implementation of
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1 the Program previously submitted to the Committees on

2 Armed Services of the Senate and House of Representatives,

3 the amended plan shall be submitted to such committees be4 fore implementation.

5 (c) PROGRAM ACTIVITIES.—The Program shall sup6 port health research into matters relating to the service of

7 women in the military, including the following matters:

8 (1) Epidemiologic research, including health care

9 needs of deployed women, patterns of illness and in10 jury, environmental and occupational hazards, side11 effects of pharmaceuticals and biologicals, and psy12 chological stress associated with military training, de13 ployment, traumatic incidents, and other military life

14 conditions.

15 (2) Data base development designed to facilitate

16 long-term research studies of women’s health issues,

17 and continued development and support of a military

18 women’s health information clearinghouse to serve as

19 an information resource for clinical, research, and

20 policy issues affecting women in the Armed Forces.

21 (3) Policies and standards issues, including re22 search supporting development of military standards

23 related to training, operations, deployment, and re24 tention and their relationship to factors affecting

25 women’s health.
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1 (4) Research emphasizing interventions that have

2 a potential for affecting health issues associated with

3 women’s military service.

4 (d) FUNDING.—Of the amount authorized to be appro5 priated pursuant to section 201, $40,000,000 shall be avail6 able for the Program.

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, $17,362,741,000.

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

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

20 (4) For the Air Force, $18,733,458,000.

21 (5) For Defense-wide activities, $9,513,523,000.

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

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

24 (8) For the Marine Corps Reserve, $81,462,000.

25 (9) For the Air Force Reserve, $1,481,332,000.
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1 (10) For the Army National Guard,

2 $2,448,615,000.

3 (11) For the Air National Guard,

4 $2,780,178,000.

5 (12) For the National Board for the Promotion

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

7 (13) For the Defense Inspector General,

8 $147,172,000.

9 (14) For the Court of Military Appeals,

10 $6,152,000.

11 (15) For Environmental Restoration, Defense,

12 $2,655,200,000.

13 (16) For Drug Interdiction and Counter-drug

14 Activities, Defense-wide, $714,200,000 (none of the

15 funds of which may be used to carry out section 1004

16 of the National Defense Authorization Act for Fiscal

17 Year 1991 (10 U.S.C. 374 note)).

18 (17) For Medical Programs, Defense,

19 $9,613,331,000.

20 (18) For the National Contingency Operation

21 Non-DBOF Costs Fund, $300,000,000.

22 (19) For Department of Defense World War II

23 50th Anniversary Program, $500,000.
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1 SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.

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 the

5 Defense Business Operations Fund in the amount of

6 $1,212,038,000.

7 SEC. 303. ARMED FORCES RETIREMENT HOME.

8 There is hereby authorized to be appropriated for fiscal

9 year 1995 from the Armed Forces Retirement Home Trust

10 Fund the sum of $59,317,000 for the operation of the Armed

11 Forces Retirement Home, including the United States Sol12 diers’ and Airmen’s Home and the Naval Home.

13 SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND RE14 PAIR WORK.

15 (a) INCREASED FUNDING FOR DEPARTMENT OF DE16 FENSE DEPOT-LEVEL ACTIVITIES.—Of amounts authorized

17 to be appropriated for fiscal year 1995 under section 301,

18 the amount that shall be available for the performance of

19 depot-level maintenance and repair work by depot-level ac20 tivities of the Department of Defense is the amount equal

21 to the sum of—

22 (1) the total amount requested in the President’s

23 budget for that fiscal year for the Department of De24 fense for the performance of depot-level maintenance

25 and repair work; and

26 (2) $600,000,000, of which—
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1 (A) $300,000,000 shall be available for the

2 Army;

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

4 Navy;

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

6 Air Force; and

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

8 Marine Corps.

9 (b) DECREASED FUNDING FOR CONTRACTORS.—Of

10 amounts appropriated for fiscal year 1995 pursuant to sec11 tion 301, the amount that shall be available for the perform12 ance of depot-level maintenance and repair work by non13 Federal Government personnel is not more than the amount

14 equal to 40 percent of the total amount requested in the

15 President’s budget for that fiscal year for the Department

16 of Defense for the performance of depot-level maintenance

17 and repair work.

18 SEC. 305. SUPPORT FOR THE 1996 SUMMER OLYMPICS.

19 (a) AUTHORITY TO PROVIDE SUPPORT.—The Sec20 retary of Defense may provide logistical support and per21 sonnel services in connection with the 1996 games of the

22 XXVI Olympiad to be held in Atlanta, Georgia.

23 (b) PAY AND NONTRAVEL-RELATED ALLOWANCES.—

24 (1) Except as provided in paragraph (2), the costs for pay

25 and nontravel-related allowances of members of the Armed
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1 Forces for the support and services referred to in subsection

2 (a) may not be charged to appropriations made pursuant

3 to the authorization of appropriations in subsection (c).

4 (2) Paragraph (1) does not apply in the case of mem5 bers of a reserve component called or ordered to active duty

6 to provide logistical support and personnel services for the

7 games of the XXVI Olympiad.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated $4,000,000 for the Depart10 ment of Defense for fiscal year 1995 to carry out subsection

11 (a).

12 Subtitle B—Limitations

13 SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CER14 TAIN OPERATION AND MAINTENANCE FUNDS.

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

16 10, United States Code, is amended—

17 (1) by redesignating subsection (b) as subsection

18 (d); and

19 (2) by inserting after subsection (a) the follow20 ing:

21 ‘‘(b) REPORTS ON TRANSFERS OF CERTAIN FUNDS.—

22 (1) Each report required by subsection (a) shall include a

23 report on the following:

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

25 appropriation Act to the Department of Defense for
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1 the activities referred to in paragraph (3) between ap2 propriations during the preceding fiscal year, includ3 ing the reason for the transfer.

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

5 appropriation Act to the Department of Defense for

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

7 appropriation for any other such activity during the

8 preceding fiscal year, including the reason for the

9 transfer.

10 ‘‘(2) On May 1 of each year, the Secretary of Defense

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

12 ‘‘(A) Each transfer during the first six months of

13 the fiscal year in which the report is submitted of

14 amounts provided in an appropriation Act to the De15 partment of Defense for the activities referred to in

16 paragraph (3) between appropriations, including the

17 reason for the transfer.

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

19 of the fiscal year in which the report is submitted of

20 amounts provided in an appropriation Act to the De21 partment of Defense for an activity referred to in

22 paragraph (3) within that appropriation for any

23 other such activity, including the reason for the

24 transfer.
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1 ‘‘(3) The activities referred to in paragraphs (1) and

2 (2) are the following:

3 ‘‘(A) Activities for which amounts are appro4 priated for the Army for operations and maintenance

5 for operating forces for (i) combat units, (ii) tactical

6 support, and (iii) force-related training/special activi7 ties.

8 ‘‘(B) Activities for which amounts are appro9 priated for the Navy for operations and maintenance

10 for operating forces for (i) mission and other flight

11 operations, (ii) mission and other ship operations,

12 (iii) fleet air training, and (iv) ship operational sup13 port and training.

14 ‘‘(C) Activities for which amounts are appro15 priated for the Air Force for operations and mainte16 nance for operating forces for (i) primary combat

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

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

19 ‘‘(c) LIMITATION.—The Secretary of Defense may not

20 transfer an amount that exceeds $20,000,000 of amounts

21 provided in an appropriation Act to the Department of De22 fense for the activities referred to in subsection (b)(3) be23 tween appropriations or within that appropriation for any

24 other such activity until—

25 ‘‘(1) the Congress is notified of the transfer; and
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1 ‘‘(2) a period of 30 days elapses after such notifi2 cation is received.’’.

3 (b) CLERICAL AMENDMENTS.—(1) The heading of such

4 section is amended to read as follows:

5 ‘‘§ 116. Operations and maintenance activities: con6 gressional oversight’’.

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

8 sections at the beginning of chapter 2 of such title is amend9 ed to read as follows:

‘‘116. Operations and maintenance activities: congressional oversight.’’.

10 (c) CONFORMING REPEAL.—Section 377 of the Na11 tional Defense Authorization Act for Fiscal Year 1994 (Pub12 lic Law 103–160; 107 Stat. 1638) is repealed.

13 SEC. 312. LIMITATION ON RETENTION OF MORALE, WEL14 FARE, AND RECREATION FUNDS BY MILITARY

15 INSTALLATIONS.

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

17 States Code, is amended by adding at the end the following

18 new section:

19 ‘‘§ 2219. Retention of morale, welfare, and recreation

20 funds by military installations: limitation

21 ‘‘Amounts may not be retained in a nonappropriated

22 morale, welfare, and recreation account of a military in23 stallation of a military department in excess of the amount

24 necessary to meet working capital requirements of that in25 stallation. Amounts in excess of that amount shall be trans-
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1 ferred to a single, department-wide nonappropriated mo2 rale, welfare, and recreation account of the military depart3 ment.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of such chapter is amended by adding at the

6 end the following new item:

‘‘2219. Retention of morale, welfare, and recreation funds by military installations: limitation.’’.

7 SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS

8 FOR OPERATION OF ARMED FORCES RECRE9 ATION CENTER, EUROPE.

10 No funds appropriated to the Department of Defense

11 for any fiscal year may be used to operate the Armed Forces

12 Recreation Center, Europe, except that such funds may be

13 used for the payment of utilities, emergency repairs, and

14 transportation of United States products for the Center.

15 SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR

16 PROCUREMENT OF SUBSISTENCE ITEMS.

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

18 States Code, is amended by adding at the end the following

19 new section:

20 ‘‘§ 2332. Subsistence items: limitation on use of speci21 fications and restrictions in procurement

22 of

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

24 (b), the Secretary of Defense may not use specifications or
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1 restrictions in the procurement of subsistence items for use

2 at military installations.

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

4 specifications and restrictions in the procurement of field

5 rations and shipboard rations (including tray packs and

6 meals ready-to-eat), except that any such specifications and

7 restrictions shall be developed consistent with the preference

8 of the Department of Defense for commercial items.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of such chapter is amended by adding at the

11 end the following new item:

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

procurement of.’’.

12 Subtitle C—Depot-Level Activities

13 SEC. 321. FINDINGS.

14 The Congress finds the following:

15 (1) By providing the Armed Forces with a criti16 cal capacity to respond to the needs of the Armed

17 Forces for depot-level maintenance and repair of

18 weapon systems and equipment, the depot-level main19 tenance and repair activities of the Department of

20 Defense play an essential role in maintaining the

21 readiness of the Armed Forces.

22 (2) The consolidation of entities within the de23 fense industry has jeopardized the capability of the
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1 defense industry to perform maintenance and repair

2 of weapon systems and equipment.

3 (3) The defense industry maintains not less than

4 60 percent of the total capability to perform mainte5 nance and repair of weapon systems and equipment.

6 (4) The capability of the depot-level maintenance

7 and repair activities of the Department of Defense to

8 perform maintenance and repair of weapon systems

9 and equipment should not be determined by policies

10 established by the defense industry.

11 (5) Reductions in the number of civilian employ12 ees of the depot-level maintenance and repair activi13 ties of the Department of Defense may account for ap14 proximately 80 percent of all reductions in the com15 ing years in the number of civilian employees of the

16 Department.

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

18 in the amount of funds available for the maintenance

19 and repair of weapon systems and equipment does

20 not necessarily result in a corresponding increase in

21 the performance of such maintenance and repair.

22 SEC. 322. MODIFICATION OF LIMITATION ON PERFORM23 ANCE OF DEPOT-LEVEL MAINTENANCE.

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

25 title 10, United States Code, is amended to read as follows:
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1 ‘‘(a) PERCENTAGE LIMITATION.—Not more than 40

2 percent of the funds made available in a fiscal year to a

3 military department or a Defense Agency for depot-level

4 maintenance and repair workload may be used to contract

5 for the performance by non-Federal Government personnel

6 of such workload for the military department or the Defense

7 Agency. Any such funds that are not used for such a con8 tract shall be used for the performance of depot-level mainte9 nance and repair workload by employees of the Department

10 of Defense.’’.

11 (b) INCLUSION OF REPAIR ACTIVITIES.—Subsection

12 (b) of such section is amended by inserting ‘‘and repair’’

13 after ‘‘maintenance’’ each place it appears.

14 (c) COMPUTATION OF PERCENTAGE.—Such section is

15 further amended—

16 (1) by redesignating subsections (d) and (e) as

17 subsections (e) and (f), respectively; and

18 (2) by inserting after subsection (c) the following

19 new subsection (d):

20 ‘‘(d) COMPUTATION OF PERCENTAGE.—In computing

21 for purposes of subsection (a) the percentage of funds re22 ferred to in that subsection that are used to contract for

23 the performance of depot-level maintenance and repair

24 workload by non-Federal Government personnel, the Sec25 retary of the military department, or in the case of a De-
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1 fense Agency, the Secretary of Defense shall include in the

2 computation any funds provided for the performance by

3 such personnel of the following:

4 ‘‘(1) Interim contractor support.

5 ‘‘(2) Contract logistic support.

6 ‘‘(3) Maintenance and repair workload above the

7 unit level.

8 ‘‘(4) The provision of materials and parts by a

9 contractor to a depot.’’.

10 (d) REPORT.—Subsection (f) of such section, as redes11 ignated by subsection (c)(1), is amended to read as follows:

12 ‘‘(f) REPORT.—Not later than January 15, 1995, the

13 Secretary of Defense shall submit to the Congress a report

14 describing the progress during the preceding fiscal year by

15 each military department and Defense Agency to achieve

16 and maintain the percentage of depot-level maintenance

17 and repair required to be performed by employees of the

18 Department of Defense pursuant to subsection (a).’’.

19 SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT20 LEVEL MAINTENANCE OF MATERIEL FOR NEW

21 WEAPON SYSTEMS.

22 (a) LIMITATION.—Subsection (a) of section 2466 of

23 title 10, United States Code, as amended by section 322

24 of this Act, is amended—
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1 (1) by inserting ‘‘(1)’’ before ‘‘Not more than 40

2 percent’’; and

3 (2) by adding at the end the following new para4 graph:

5 ‘‘(2) The Secretary concerned shall, within 5 years

6 after the initial delivery of a weapon system by a contractor

7 to the Department of Defense, provide for the performance

8 by employees of the Department of Defense of not less than

9 60 percent of the depot-level maintenance of the weapon

10 system.’’.

11 (b) EFFECTIVE DATE.—The amendments made by this

12 section shall apply only with respect to a weapon system

13 initially delivered after the date of the enactment of this

14 Act.

15 SEC. 324. AUDITS TO MONITOR COST GROWTH OF CON16 TRACTS TO PERFORM DEPOT-LEVEL MAINTE17 NANCE AND REPAIR.

18 (a) REQUIREMENT.—Chapter 146 of title 10, United

19 States Code, is amended by adding at the end the following

20 new section:

21 ‘‘§ 2470. Audits of cost growth in contracts to perform

22 depot-level maintenance and repair

23 ‘‘The Secretary of Defense shall audit contracts entered

24 into by the Department of Defense for the performance of

25 depot-level maintenance and repair to monitor the costs in-
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1 curred by the contractor to perform the contract. An audit

2 of a contract under this section shall be performed at least

3 once during the period in which the contract is performed

4 and shall take account of any costs incurred by the contract

5 in excess of the amount proposed by the contractor to per6 form the contract or in excess of costs incurred by the con7 tractor during the previous year.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of such chapter is amended by adding at the

10 end the following new item:

‘‘2470. Audits of cost growth in contracts to perform depot-level maintenance and

repair.’’.

11 SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPART12 MENT OF DEFENSE DEPOTS IN CERTAIN COST

13 COMPARISONS.

14 Section 2467 of title 10, United States Code, is

15 amended—

16 (1) by redesignating subsection (b) as subsection

17 (c); and

18 (2) by inserting after subsection (a) the follow19 ing:

20 ‘‘(b) REQUIREMENT TO CONSIDER COSTS OF CLOSING

21 DEPOTS.—In any comparison conducted by the Depart22 ment of Defense of the cost of performing depot-level mainte23 nance and repair work by non-Federal Government person24 nel and the cost of performing such work by employees of
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1 the Department of Defense, the Secretary of Defense shall,

2 to the maximum extent practicable, consider the estimated

3 cost (including the cost to perform any necessary environ4 mental restoration of the facility) that would be incurred

5 if the Department of Defense were required to close a De6 partment of Defense defense depot-level facility as a result

7 of awarding the contract to non-Federal Government per8 sonnel to perform such work.’’.

9 SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF

10 THE DEPARTMENT OF DEFENSE TO COMPETE

11 FOR MAINTENANCE AND REPAIR WORKLOADS

12 OF OTHER FEDERAL AGENCIES.

13 (a) IN GENERAL.—Chapter 146 of title 10, United

14 States Code, as amended by section 324 of this Act, is fur15 ther amended by adding at the end the following new

16 section:

17 ‘‘§ 2471. Depot-level activities of the Department of De18 fense: authority to compete for mainte19 nance and repair workloads of other Fed20 eral agencies

21 ‘‘A depot-level activity of the Department of Defense

22 shall be eligible to compete for the performance of any depot23 level maintenance and repair workload of a Federal agency

24 for which competitive procedures are used to select the en25 tity to perform the workload.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by adding at the

3 end the following new item:

‘‘2471. Depot-level activities of the Department of Defense: authority to compete

for maintenance and repair workloads of other Federal agencies.’’.

4 SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES

5 OUTSIDE OF THE DEPARTMENT OF DEFENSE.

6 (a) IN GENERAL.—Chapter 146 of title 10, United

7 States Code, as amended by section 326 of this Act, is fur8 ther amended by adding at the end the following new

9 section:

10 ‘‘§ 2472. Persons outside the Department of Defense:

11 lease of excess depot-level equipment and

12 facilities by

13 ‘‘(a) AUTHORITY TO LEASE EXCESS EQUIPMENT AND

14 FACILITIES.—Subject to subsection (b), the Secretary of a

15 military department and, with respect to a Defense Agency,

16 the Secretary of Defense, may lease excess equipment and

17 facilities of a depot-level activity of the military depart18 ment, or the Defense Agency, to a person outside the Depart19 ment of Defense for the performance of depot-level mainte20 nance and repair work by such person.

21 ‘‘(b) LIMITATIONS.—A lease under subsection (a) may

22 be entered into only if—

23 ‘‘(1) the lease of any such equipment or facilities

24 will not have a significant adverse effect on the readi-
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1 ness of the armed forces, as determined by the Sec2 retary concerned;

3 ‘‘(2) the person leasing such equipment or facili4 ties agrees to reimburse the Department of Defense for

5 the costs (both direct and indirect costs, including

6 any rental costs, as determined the Secretary con7 cerned) attributable to the lease of such equipment or

8 facilities;

9 ‘‘(3) the person leasing such equipment or facili10 ties agrees to hold harmless and indemnify the United

11 States, except in cases of willful conduct or extreme

12 negligence, from any claim for damages or injury to

13 any person or property arising out the lease of such

14 equipment or facilities; and

15 ‘‘(4) the person leasing such equipment or facili16 ties agrees to hold harmless and indemnify the United

17 States from any liability or claim for damages or in18 jury to any person or property arising out of a deci19 sion by the Secretary concerned to suspend or termi20 nate the lease in times of war or national emergency.

21 ‘‘(c) CREDIT TO GENERAL FUND.—Any reimburse22 ment received under this section shall be credited to the Gen23 eral Fund of the Treasury.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter is amended by adding at the

3 end the following new item:

‘‘2472. Persons outside the Department of Defense: lease of excess depot-level equipment and facilities by.’’.

4 SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FA5 CILITIES, ACTIVITIES, AND EMPLOYEES OF

6 THE DEPARTMENT OF DEFENSE.

7 The Secretary of Defense shall maintain sufficient

8 depot-level activities and facilities of the Department of De9 fense and a sufficient number of employees of the Depart10 ment that are assigned to the performance of depot-level

11 maintenance and repair to carry out this subtitle and the

12 amendments made by this subtitle.

13 SEC. 329. REUTILIZATION INITIATIVE FOR ARMY AND NAVY

14 DEPOT-LEVEL ACTIVITIES.

15 (a) PILOT PROGRAM AUTHORIZED.—During fiscal

16 year 1995, the Secretary of Defense shall carry out a pilot

17 program to encourage commercial firms to enter into part18 nerships with depot-level activities of the Department of the

19 Army and the Department of the Navy for the purpose of—

20 (1) demonstrating commercial uses of such depot21 level activities that are related to the principal mis22 sion of such depot-level activities;

23 (2) preserving employment and skills of employ24 ees currently employed by such depot-level activities
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1 or providing for the reemployment and retraining of

2 employees who, as the result of the closure, realign3 ment, or reduced in-house workload of such activities,

4 may become unemployed; and

5 (3) supporting the goals of other defense conver6 sion, reinvestment, and transition assistance pro7 grams while also allowing such depot-level activities

8 to remain in operation to continue to perform their

9 defense readiness mission.

10 (b) PARTICIPANTS IN PILOT PROGRAM.—The Sec11 retary shall designate not less than five depot-level activities

12 of the Department of the Army and the Department of the

13 Navy to participate in the pilot program under this section.

14 Of these depot-level activities, at least two shall be depot15 level activities of the Department of the Army and at least

16 three shall be depot-level activities of the Department of the

17 Navy.

18 (c) CONDITIONS ON PILOT PROGRAM.—In carrying

19 out the pilot program under this section, the Secretary shall

20 ensure that the program—

21 (1) does not interfere with the closure or realign22 ment of a depot-level activity of the Department of the

23 Army or the Department of the Navy under a base

24 closure law; and
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1 (2) does not adversely affect the readiness or pri2 mary mission of a participating depot-level activity.

3 (d) FUNDING FOR FISCAL YEAR 1995.—Of the

4 amounts authorized to be appropriated under section 301,

5 $100,000,000 shall be available only to carry out the pilot

6 program under this section.

7 Subtitle D—Defense Business

8 Operations Fund

9 SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS

10 FUND.

11 (a) EXTENSION OF AUTHORITY.—Section 316(a) of the

12 National Defense Authorization Act for Fiscal Years 1992

13 and 1993 (10 U.S.C. 2208 note) is amended by striking

14 out ‘‘During the period’’ and all that follows through ‘‘De15 cember 31, 1994, the’’ and inserting in lieu thereof ‘‘The’’.

16 (b) LIMITATION ON TRANSFERS.—Except as otherwise

17 provided in this Act, the Secretary of Defense may not

18 transfer amounts to or from the Defense Business Oper19 ations Fund from or to any other account or source until

20 after the expiration of 30 days from the date on which the

21 Secretary transmits to the Congress a notification of the

22 Secretary’s intent to make the transfer.

23 (c) PROHIBITION ON ADVANCE CHARGES.—(1) After

24 September 30, 1995, the Secretary of Defense may not

25 charge for goods and services provided through the Defense
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1 Business Operations Fund in advance of the provision of

2 such goods and services.

3 (2) The payment of amounts to the Defense Business

4 Operations Fund from another fund or activity of the De5 partment of the Defense may be made only for goods or serv6 ices actually provided by the Defense Business Operations

7 Fund.

8 (d) PURCHASE FROM OTHER SOURCES.—The Sec9 retary of Defense or the Secretary of a military department

10 may purchase goods and services that are available for pur11 chase from the Defense Business Operations Fund from a

12 source other than the Defense Business Operations Fund if

13 the Secretary determines that such source offers a more com14 petitive rate for the goods and services than the Defense

15 Business Operations Fund offers.

16 (e) ANNUAL REPORTS AND BUDGET.—(1) The Sec17 retary of Defense shall annually submit to the Congress, at

18 the same time that the President submits the budget under

19 section 1105 of title 31, United States Code, the following:

20 (A) A detailed report that contains a statement

21 of all receipts and disbursements of the Defense Busi22 ness Operations Fund (including such a statement for

23 each subaccount of the Fund) for the year for which

24 the report is submitted.
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1 (B) A detailed proposed budget for the operation

2 of the Defense Business Operations Fund for the fiscal

3 year for which the budget is submitted.

4 (2) Not later than September 30 each year, the Sec5 retary of Defense shall submit to the Congress a report that

6 contains a comparison of the amounts actually expended

7 for the operation of the Defense Business Operations Fund

8 for the fiscal year ending on that September 30 with the

9 amount proposed for the operation of the Defense Business

10 Operations Fund for that fiscal year in the President’s

11 budget.

12 (f) LIMITATION ON INCLUSION OF CERTAIN COSTS IN

13 DBOF CHARGES.—A charge for a good or service provided

14 through the Defense Business Operations Fund may not in15 clude amounts necessary to recover losses incurred by the

16 Defense Business Operations Fund that are unrelated to the

17 good or service or amounts to cover costs incurred in con18 nection with the closure or realignment of a military instal19 lation.

20 (g) LIMITATION ON ACCUMULATION OF FUNDS.—(1)

21 The Secretary of Defense shall establish billing procedures

22 to ensure that the balance in the Defense Business Oper23 ations Fund does not exceed $300,000,000 more than

24 amount necessary to provide for the working capital re-
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1 quirements of the Defense Business Operations Fund, as de2 termined by the Secretary.

3 (2) The Secretary may waive the limitation described

4 in this subsection if the Secretary determines that such

5 waiver is critical to the national security of the United

6 States. The Secretary shall immediately notify the Congress

7 of any such waiver and the reasons for the waiver.

8 SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES

9 IMPOSED BY DEFENSE BUSINESS OPER10 ATIONS FUND.

11 (a) REVIEW.—The Comptroller General of the United

12 States shall review the charges for goods and services pro13 vided by the Defense Business Operations Fund, including

14 a review of—

15 (1) charges for goods and services provided by

16 the Defense Business Operations Fund, including a

17 comparison of charges imposed for the provision of

18 goods and services to the military departments and

19 Defense Agencies with charges imposed for the provi20 sion of goods and services to persons outside the De21 partment of Defense;

22 (2) charges imposed by the Defense Business Op23 erations Fund for overhead costs and service charges;

24 and
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1 (3) the extent to which charges imposed by the

2 Defense Business Operations Fund provide an advan3 tage or disadvantage for the military departments

4 and Defense Agencies or for persons outside the De5 partment of Defense for whom such goods and services

6 are provided.

7 (b) REPORT.—Not later than April 15, 1995, the

8 Comptroller General of the United States shall submit to

9 the Congress a report on the results of the review conducted

10 under subsection (a) and the recommendations of the Comp11 troller General for any legislative and administrative ac12 tion the Comptroller General considers to be appropriate.

13 Subtitle E—Department of Defense

14 Domestic and Overseas Schools

15 SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DE16 FENSE DOMESTIC ELEMENTARY AND SEC17 ONDARY SCHOOLS FOR MILITARY DEPEND18 ENTS.

19 (a) CONTINUED AUTHORITY TO PROVIDE FOR EDU20 CATION OF MILITARY DEPENDENTS WHEN LOCAL AGEN21 CIES ARE UNABLE TO.—Chapter 108 of title 10, United

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

23 new section:
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1 ‘‘§ 2164. Department of Defense domestic dependent

2 elementary 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 residing on or near a military installation in the

8 United States (including territories, commonwealths, and

9 possessions of the United States), the Secretary may provide

10 for the elementary or secondary education of such depend11 ents.

12 ‘‘(b) FACTORS TO BE CONSIDERED.—Factors to be

13 considered by the Secretary of Defense in making a deter14 mination under subsection (a) shall include the following:

15 ‘‘(1) The extent to which such dependents are eli16 gible for free public education in the local area adja17 cent to the military installation.

18 ‘‘(2) The extent to which the local educational

19 agency is able to provide an appropriate educational

20 program for such dependents. For purposes of this

21 section, an appropriate educational program, as de22 termined by the Secretary, is a program comparable

23 to a program of free public education provided for

24 children—
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1 ‘‘(A) in similar communities in the State,

2 in the case of a military installation located in

3 a State;

4 ‘‘(B) in similar communities in adjacent

5 States, in the case of a military installation ad6 jacent to or located in more than one State; and

7 ‘‘(C) in the District of Columbia, in the case

8 of a military installation located in a territory,

9 commonwealth, or possession, except that an ap10 propriate educational program under this sub11 paragraph is also a program of education con12 ducted in the English language.

13 ‘‘(c) EDUCATION FOR DEPENDENTS OF FEDERAL EM14 PLOYEES.—(1) An individual who is a dependent of a Fed15 eral employee residing at any such military installation at

16 any time during the school year may enroll in an edu17 cational program provided by the Secretary of Defense pur18 suant to subsection (a).

19 ‘‘(2)(A) Except as provided in subparagraph (B), an

20 individual who is a dependent of a Federal employee, who

21 is enrolled in an educational program provided by the Sec22 retary pursuant to subsection (a), and who is not living

23 on the military installation may be enrolled in the program

24 for not more than five consecutive school years.
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1 ‘‘(B) An individual referred to in subparagraph (A)

2 may be enrolled in the program for more than five consecu3 tive school years if the Secretary determines, after consider4 ation of the individual’s educational well-being, that good

5 cause exists to extend the enrollment for more than the five6 year period described in such subparagraph. Any such ex7 tension may be made for only one school year at a time.

8 ‘‘(C) For purposes of this paragraph, the five-year pe9 riod described in subparagraph (A) begins on the date the

10 individual enrolls in the program pursuant to this section

11 or pursuant to any provision of law enacted before the date

12 of the enactment of this section that provided eligibility to

13 the individual for enrollment in a similar program.

14 ‘‘(3) An individual enrolled in a program under this

15 subsection may participate in the program for the remain16 der of the school year notwithstanding a change in status

17 of the Federal employee with respect to whom the individual

18 is a dependent, except that any such individual may be re19 moved from enrollment in the program at any time for good

20 cause, as determined by the Secretary.

21 ‘‘(d) ESTABLISHMENT OF SCHOOL BOARDS.—(1) The

22 Secretary of Defense shall provide for the establishment of

23 a school board for each Department of Defense elementary

24 or secondary school established for a military installation

25 under this section.
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1 ‘‘(2) Each school board established for a school under

2 paragraph (1) shall be elected by the parents of individuals

3 attending the school. Meetings conducted by the school board

4 shall be open to the public.

5 ‘‘(3)(A) A school board elected for a school under this

6 subsection may develop fiscal, personnel, and educational

7 policies and procedures for the school, including fiscal, per8 sonnel, and educational program management, except that

9 the Secretary may issue any directive to the school board

10 and school administrative officials the Secretary considers

11 necessary for the effective operation of the school or the en12 tire school system.

13 ‘‘(B) Any directive referred to in subparagraph (A)

14 shall, to the maximum extent practicable, be issued only

15 after consultation with appropriate school boards elected

16 under this subsection. The Secretary shall establish a proc17 ess by which a school board or school administrative offi18 cials may formally appeal such directives directly to the

19 Secretary. Consideration of such appeals may not be dele20 gated below the Secretary of Defense.

21 ‘‘(e) STAFF.—(1) The Secretary of Defense, in coordi22 nation with the school board established for a school under

23 subsection (d), may enter into such arrangements as may

24 be necessary to provide educational programs under this

25 section.
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1 ‘‘(2) The Secretary may, without regard to the provi2 sions of any other law relating to the number, classification,

3 or compensation of employees—

4 ‘‘(A) establish such positions for civilian employ5 ees in schools established under this section;

6 ‘‘(B) appoint individuals to such positions; and

7 ‘‘(C) fix the compensation of such individuals for

8 service in such positions.

9 ‘‘(3)(A) Except as provided in subparagraph (B), in

10 fixing the compensation of employees appointed under

11 paragraph (2), the Secretary, in coordination with the

12 school board established for a school under subsection (d),

13 shall consider—

14 ‘‘(i) the compensation of comparable employees

15 of the local educational agency in the capital of the

16 State where the military installation is located;

17 ‘‘(ii) the compensation of comparable employees

18 in the local educational agency that provides public

19 education to students who live adjacent to the mili20 tary installation; or

21 ‘‘(iii) the average compensation for similar posi22 tions in not more than three other local educational

23 agencies, as determined by the Secretary and the ap24 propriate local school boards in the State in which the

25 military installation is located.
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1 ‘‘(B) In fixing the compensation of employees in

2 schools established in the territories, commonwealths, and

3 possessions under this section or any other provision of law

4 enacted before the date of the enactment of this section that

5 provided for similar schools, the Secretary shall determine

6 the level of compensation required to attract qualified em7 ployees. For employees in such schools, the Secretary, in co8 ordination with the local school boards and without regard

9 to the provisions of title 5, may arrange for the tenure,

10 leave, hours of work, and other incidents of employment on

11 a similar basis as is provided for comparable positions in

12 the public schools of the District of Columbia.

13 ‘‘(f) REIMBURSEMENT.—When the Secretary of Defense

14 provides educational services under this section to an indi15 vidual who is a dependent of an employee of another Fed16 eral agency, the head of the other Federal agency shall, upon

17 request of the Secretary of Defense, reimburse the Secretary

18 of Defense for those services at rates routinely prescribed

19 by the Secretary of Defense for those services. Any payments

20 received by the Secretary of Defense under this section shall

21 be credited to the account designated by the Secretary for

22 the operation of educational programs under this section.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections at

24 the beginning of such chapter is amended by adding at the

25 end the following new item:
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‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

1 SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANS2 FER OF DEPARTMENT OF DEFENSE DOMES3 TIC DEPENDENT ELEMENTARY AND SECOND4 ARY SCHOOLS TO APPROPRIATE LOCAL EDU5 CATIONAL AGENCIES.

6 (a) SURVEY.—(1) The Secretary of Defense shall con7 duct a survey of each Department of Defense domestic de8 pendent elementary and secondary school operated by the

9 Department of Defense to determine the feasibility of, and

10 actions necessary to be taken to provide for, the transfer

11 of that school to the appropriate local educational agency.

12 (2) The Secretary of Defense shall coordinate the con13 duct of the survey of each such school with representatives

14 of the local educational agency referred to in paragraph (1)

15 and of parent organizations representing parents of stu16 dents enrolled in the school.

17 (3) Issues addressed by the survey shall include—

18 (A) the opinions and attitudes of such parents

19 with respect to the appropriate entity to operate the

20 school;

21 (B) the position of the local educational agency

22 and the appropriate education officials of the State in

23 which the school is located regarding the extent to

24 which the transfer of the school to the local edu-
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1 cational agency is feasible and desirable, including

2 the financial and legal justifications for that position;

3 and

4 (C) the requirements, as specified by the local

5 educational agency and the appropriate education of6 ficials of the State in which the school is located, for

7 financial support, military construction, and any

8 other support provided by the Department of Defense

9 in order to complete the transfer of the school to the

10 local educational agency.

11 (4) Not later than June 30, 1995, the Secretary of De12 fense shall submit to the Committees on Armed Services of

13 the Senate and the House of Representatives a report on

14 the results of the survey. The report shall include the rec15 ommendations of the Secretary with respect to the transfer

16 of each such school.

17 (b) PILOT PROGRAM.—(1) The Secretary of Defense

18 shall conduct a pilot program to assess the potential for

19 the transfer of Department of Defense domestic dependent

20 elementary and secondary schools to appropriate local edu21 cational agencies.

22 (2) The Secretary of Defense shall select two schools

23 for participation in the pilot program based on the results

24 of the survey conducted by the Secretary under subsection

25 (a). The Secretary shall provide for the transfer of each such
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1 school to the appropriate local educational agency not later

2 than the date on which the 1995 school year begins for that

3 school.

4 (3) Not later than March 31, 1996, the Secretary of

5 Defense shall submit to the Committees on Armed Services

6 of the Senate and House of Representatives a report on the

7 results of the pilot program. The report shall include the

8 recommendation of the Secretary with respect to the extent

9 to which other Department of Defense domestic dependent

10 elementary and secondary schools should be transferred to

11 appropriate local educational agencies.

12 (c) LIMITATION.—A Department of Defense domestic

13 dependent elementary or secondary school may not be trans14 ferred to a local educational agency under this section ex15 cept on terms that are agreeable to the local educational

16 agency.

17 SEC. 353. EVALUATION OF SCHOOLS OF THE DEFENSE DE18 PENDENTS’ EDUCATION SYSTEM WITH FEWER

19 THAN 150 STUDENTS.

20 Section 1407 of the Defense Dependents’ Education Act

21 of 1978 (20 U.S.C. 926) is amended by adding at the end

22 the following new subsection:

23 ‘‘(e)(1)(A) Each school year, the Secretary of Defense,

24 in consultation with the Secretaries of the military depart25 ments, shall conduct an evaluation of each school referred
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1 to in subparagraph (B) to assess the alternatives to operat2 ing that school.

3 ‘‘(B) A school referred to in subparagraph (A) is a

4 school of the defense dependents’ education system that had,

5 during the previous school year, an enrollment at any time

6 during the school year (except during a summer school ses7 sion) of fewer than 150 students or that is projected to have

8 such an enrollment during the next school year.

9 ‘‘(2) If, after the evaluation conducted under para10 graph (1), the Secretary determines that a school referred

11 to in paragraph (1)(B) should remain open, the Secretary

12 shall require the payment each fiscal year of 70 percent of

13 the costs to operate the school from operations and mainte14 nance funds appropriated to the military departments dur15 ing that fiscal year. The ratio of funds paid by a military

16 department in a fiscal year under this paragraph shall bear

17 the same ratio to the total amount of funds paid by the

18 military departments in a fiscal year under this paragraph

19 as the ratio of the number of students enrolled in the school

20 who are sponsored by a member of that service bears to the

21 number of all students enrolled in the school who are spon22 sored by a member of the Armed Forces.’’.
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1 SEC. 354. PROHIBITION ON TUITION CEILING FOR SCHOOLS

2 OF THE DEFENSE DEPENDENTS’ EDUCATION

3 SYSTEM.

4 Section 1404(b)(1) of the Defense Dependents’ Edu5 cation Act of 1978 (20 U.S.C. 923(b)(1)) is amended by

6 adding at the end the following: ‘‘The Secretary may not

7 impose a ceiling for a tuition rate determined under this

8 paragraph.’’.

9 Subtitle F—Other Matters

10 SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF

11 ARMED FORCES RETIREMENT HOME.

12 (a) IN GENERAL.—Paragraph (2) of section 1514(c)

13 of the Armed Forces Retirement Home Act of 1991 (24

14 U.S.C. 414(c)(2)) is amended to read as follows:

15 ‘‘(2) The fee shall be fixed as a percentage of the month16 ly income and monthly payments (including Federal pay17 ments) received by a resident, subject to such adjustments

18 in the fee as the Retirement Home Board may make under

19 paragraph (1). The percentage shall be the same for each

20 establishment of the Retirement Home.’’.

21 (b) APPLICATION OF MODIFIED FEES TO ALL RESI22 DENTS.—(1) Subsections (d) and (e) of section 1514 of such

23 Act are repealed.

24 (2) Such section is further amended by adding after

25 subsection (c) the following new subsection (d):
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1 ‘‘(d) APPLICATION OF FEES.—Subject to such adjust2 ments in the fee as the Retirement Home Board may make

3 under subsection (c), each resident of the Retirement Home

4 shall be required to pay a monthly fee equal to—

5 ‘‘(1) in the case of a resident who is receiving as6 sisted-living services at the Retirement Home, 65 per7 cent of all monthly income and monthly payments

8 (including Federal payments) received by the resi9 dent; and

10 ‘‘(2) in the case of a resident who is not receiv11 ing assisted-living services at the Retirement Home,

12 40 percent of all such monthly income and monthly

13 payments.’’.

14 (c) EFFECTIVE DATE.—The amendments made by this

15 section shall take effect one year after the date of the enact16 ment of this Act.

17 SEC. 362. NATIONAL GUARD YOUTH PROGRAM.

18 (a) AUTHORITY.—Chapter 5 of title 32, United States

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

20 section:

21 ‘‘§ 508. Assistance to certain youth organizations

22 ‘‘(a) Members or units of the National Guard may pro23 vide the services described in subsection (b) to an organiza24 tion described in subsection (c) in conjunction with train25 ing required under this chapter if—
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1 ‘‘(1) the provision of such services does not de2 grade the quality of the training or otherwise interfere

3 with the ability of any unit to perform its military

4 functions;

5 ‘‘(2) the services provided are not commercially

6 available or affected commercial entities have agreed

7 in writing not to object to the provision of the serv8 ices;

9 ‘‘(3) members of the National Guard providing

10 the services perform activities which enhance their

11 skills in their military specialties; and

12 ‘‘(4) such assistance does not materially increase

13 the cost of training activities under this chapter.

14 ‘‘(b) Services which may be provided under this section

15 are the following:

16 ‘‘(1) Ground transportation.

17 ‘‘(2) Limited air transportation, but only in the

18 case of the Special Olympics.

19 ‘‘(3) Administrative support.

20 ‘‘(4) Technical training.

21 ‘‘(5) Emergency medical assistance.

22 ‘‘(6) Communications.

23 ‘‘(c) The organizations which may be assisted under

24 this section are the following:

25 ‘‘(1) The Boy Scouts of America.
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1 ‘‘(2) The Girl Scouts of America.

2 ‘‘(3) The Boys and Girls Clubs of America.

3 ‘‘(4) The YMCA.

4 ‘‘(5) The YWCA.

5 ‘‘(6) The Civil Air Patrol.

6 ‘‘(7) The Special Olympics.

7 ‘‘(8) Campfire Boys and Girls.

8 ‘‘(9) The 4–H Club.

9 ‘‘(10) The Police Athletic League.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of chapter 5 of title 32, United States Code,

12 is amended by adding at the end the following item:

‘‘508. Assistance to certain youth organizations.’’.

13 SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY

14 PROGRAM.

15 (a) DEMONSTRATION PROJECT.—The Department of

16 Defense Food Inventory Demonstration Project (the imple17 mentation of which was requested of the military depart18 ments and the Defense Logistics Agency by the Deputy

19 Under Secretary of Defense, Logistics, in a memorandum

20 dated August 16, 1993) shall be completed by the Depart21 ment of Defense not later than September 30, 1995 and

22 shall be expanded to cover two geographic areas, as des23 ignated by the Secretary of Defense.

24 (b) REPORT.—Not later than October 1, 1995, the Sec25 retary of Defense shall submit to the Committees on Armed
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1 Services of the Senate and House of Representatives a re2 port on the implementation of the demonstration project re3 ferred to in subsection (a).

4 (c) IMPLEMENTATION OF PROGRAM THROUGHOUT

5 UNITED STATES.—Not later than October 1, 1996, the Sec6 retary of Defense shall provide for the expanded use

7 throughout the United States of full-line commercial food

8 distributors to meet the food requirements of the Depart9 ment of Defense.

10 SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLE11 MENTAL FOOD PROGRAM.

12 (a) IN GENERAL.—Chapter 53 of title 10, United

13 States Code, is amended by adding at the end the following

14 new section:

15 ‘‘§ 1060a. Special supplemental food program

16 ‘‘(a) AUTHORITY.—The Secretary of Defense may

17 carry out a program to provide special supplemental food

18 benefits to members of the armed forces on duty at stations

19 outside the United States (and its territories and posses20 sions) and to eligible civilians serving with, employed by,

21 or accompanying the armed forces outside the United States

22 (and its territories and possessions).

23 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

24 the purpose of obtaining Federal payments and commod25 ities in order to carry out the program referred to in sub-
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1 section (a), the Secretary of Defense shall make available,

2 from funds appropriated for such purpose, the same pay3 ments and commodities as are made for the special supple4 mental food program in the United States under section

5 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).

6 ‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec7 retary of Defense shall administer the program referred to

8 in subsection (a) and, except as provided in subparagraph

9 (B), shall determine eligibility for program benefits under

10 the criteria published by the Secretary of Agriculture under

11 section 17 of the Child Nutrition Act of 1966 (42 U.S.C.

12 1786).

13 ‘‘(B) The Secretary of Defense shall prescribe regula14 tions governing computation of income eligibility standards

15 for families of individuals participating in the program

16 under this section.

17 ‘‘(2) The program benefits provided under the program

18 shall be similar to benefits provided by State and local

19 agencies in the United States.

20 ‘‘(d) DEPARTURES FROM STANDARDS.—The Secretary

21 of Defense may authorize departures from standards pre22 scribed by the Secretary of Agriculture regarding the sup23 plemental foods to be made available in the program when

24 local conditions preclude strict compliance or when such

25 compliance is highly impracticable.
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Funds

2 are hereby authorized to be appropriated to the Department

3 of Defense for operations and maintenance for any fiscal

4 year in such amounts as may be necessary for the adminis5 trative expenses of the Department of Defense under this

6 section.

7 ‘‘(f) REGULATIONS.—The Secretary of Defense shall

8 prescribe regulations to administer the program authorized

9 by this section.

10 ‘‘(g) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘eligible civilian’ means—

12 ‘‘(A) a dependent of a member of the armed

13 forces residing with the member outside the Unit14 ed States;

15 ‘‘(B) a employee of a military department

16 who is a national of the United States and is re17 siding outside the United States in connection

18 with such individual’s employment or a depend19 ent of such individual residing with the employee

20 outside the United States; or

21 ‘‘(C) an employee of a Department of De22 fense contractor who is a national of the United

23 States and is residing outside the United States

24 in connection with such individual’s employment
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1 or a dependent of such individual residing with

2 the employee outside the United States.

3 ‘‘(2) The term ‘national of the United States’

4 means—

5 ‘‘(A) a citizen of the United States; or

6 ‘‘(B) a person who, though not a citizen of

7 the United States, owes permanent allegiance to

8 the United States (as defined in section

9 101(a)(22) of the Immigration and Nationality

10 Act (8 U.S.C. 1101(a)(22))).

11 ‘‘(3) The term ‘dependent’ has the meaning given

12 such term in subparagraphs (A), (D), (E), and (I) of

13 section 1072(2) of this title.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections at

15 the beginning of chapter 53 of title 10, United States Code,

16 is amended by adding at the end the following new item:

‘‘1060a. Special supplemental food program.’’.

17 SEC. 365. TRANSPORTATION OF THE REMAINS OF DE18 CEASED RETIRED MEMBERS WHO DIE OUT19 SIDE OF THE UNITED STATES.

20 (a) AUTHORITY.—Section 1481 of title 10, United

21 States Code, is amended—

22 (1) in subsection (a)—

23 (A) by striking out ‘‘the remains of—’’ and

24 inserting in lieu thereof ‘‘the remains of the fol25 lowing:’’;
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1 (B) by amending the first word in each

2 paragraph by capitalizing the first letter of that

3 first word;

4 (C) by striking out ‘‘and’’ after the semi5 colon in paragraph (7);

6 (D) by striking out the semicolon at the end

7 of each paragraph and inserting in lieu thereof

8 a period; and

9 (E) by inserting after paragraph (8) the fol10 lowing new paragraph:

11 ‘‘(9) To the extent authorized under section

12 1482(g) of this title, any retired member of an armed

13 force or a dependent of such a member who dies while

14 outside the United States.’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c) In this section, the term ‘dependent’ has the mean18 ing given such term in section 1072(2) of this title.’’.

19 (b) EXPENSES INCIDENT TO DEATH.—Section 1482 of

20 such title is amended by adding at the end the following

21 new subsection:

22 ‘‘(g) The payment of expenses incident to the recovery,

23 care, and disposition of a decedent covered by section

24 1481(a)(9) of this title is limited to the payment of expenses

25 described in paragraphs (1) through (5) of subsection (a)
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1 and air transportation of the remains from a location out2 side the United States to a point of entry in the United

3 States. Such air transportation may be provided without

4 reimbursement on a space-available basis in military or

5 military-chartered aircraft. The Secretary concerned shall

6 pay all other expenses authorized to be paid under this sub7 section only on a reimbursable basis. Amounts reimbursed

8 to the Secretary concerned under this subsection shall be

9 credited to appropriations available, at the time of reim10 bursement, for the payment of such expenses.’’.

11 (c) EFFECTIVE DATE.—The amendments made by this

12 section shall apply with respect to the remains of, and inci13 dental expenses incident to the recovery, care, and disposi14 tion of, an individual who dies after the date of the enact15 ment of this Act.

16 SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF

17 CERTAIN DECEASED VETERANS ON DEPART18 MENT OF DEFENSE AEROMEDICAL EVACU19 ATION AIRCRAFT.

20 (a) TRANSPORTATION AUTHORIZED.—Subsection (a)

21 of section 2641 of title 10, United States Code, is amended

22 by inserting before the period the following: ‘‘or of trans23 porting the remains of a deceased veteran who died at the

24 facility after being transported to the facility under this

25 subsection. Transportation of the remains of a deceased vet-
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1 eran under this subsection may be provided to the place

2 from which the veteran was transported to the facility or

3 to any other destination which is not farther away from

4 the facility than such place’’.

5 (b) CONFORMING AMENDMENTS.—Such section is fur6 ther amended—

7 (1) in subsection (b)—

8 (A) by inserting ‘‘or for the remains of a

9 veteran’’ after ‘‘furnished to a veteran’’;

10 (B) in paragraph (1), by inserting ‘‘or of

11 the remains of such veteran’’ after ‘‘of such vet12 eran’’; and

13 (C) in paragraph (2), by inserting ‘‘or the

14 remains of the veteran’’ after ‘‘for the veteran’’;

15 (2) in subsection (d)(1)—

16 (A) by inserting ‘‘or on the survivors of a

17 veteran’’ after ‘‘on a veteran’’; and

18 (B) by inserting ‘‘or for the remains of the

19 veteran’’ after ‘‘to the veteran’’; and

20 (3) in subsection (d)(2), by inserting ‘‘or for the

21 remains of veterans’’ after ‘‘to veterans’’.

22 (c) CROSS REFERENCE AMENDMENT.—Subsection (c)

23 of such section is amended by striking out ‘‘5011(g)(5)’’ and

24 inserting in lieu thereof ‘‘8111(g)(5)’’.
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1 SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE

2 CIVIL AIR PATROL.

3 (a) PROVISION OF FUNDS.—Subsection (b) of section

4 9441 of title 10, United States Code, is amended—

5 (1) by redesignating paragraphs (8), (9), (10),

6 and (11) as paragraphs (9), (10), (11), and (12), re7 spectively; and

8 (2) by inserting after paragraph (7) the follow9 ing new paragraph (8):

10 ‘‘(8) provide funds for the national headquarters

11 of the Civil Air Patrol, including the provision (in

12 advance of payment) of funds for the payment of staff

13 compensation and benefits, administrative expenses,

14 travel, per diem and allowances, rent and utilities,

15 and other operational expenses;’’.

16 (b) LIAISONS.—Such section is further amended by

17 adding at the end the following new subsection:

18 ‘‘(d)(1) The Secretary of the Air Force may authorize

19 the Civil Air Patrol to employ, as administrators and liai20 son officers, retired members of the Air Force whose quali21 fications are approved under regulations prescribed by the

22 Secretary and who request such employment.

23 ‘‘(2) A retired member employed pursuant to para24 graph (1) may receive the member’s retired pay and an ad25 ditional amount that is not more than the difference be26 tween the member’s retired pay and the pay and allowances
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1 the member would be entitled to receive if ordered to active

2 duty in the grade in which the member retired. The addi3 tional amount shall be paid to the Civil Air Patrol by the

4 Secretary from funds generally available to the Air Force

5 for civil air assistance.

6 ‘‘(3) A retired member employed pursuant to para7 graph (1) shall not, while so employed, be considered to be

8 on active duty or inactive-duty training for any purpose.’’.

9 SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS

10 AND MAINTENANCE FUNDS BY THE DEPART11 MENT OF DEFENSE.

12 (a) REVIEW.—The Secretary of Defense shall conduct

13 a review of each operations and maintenance account of

14 the Department of Defense to determine the extent to which

15 funds appropriated to the Department for operations and

16 maintenance accounts are used for an activity for which

17 funds have been appropriated to, or are more appropriately

18 made available from, accounts of the Department for pro19 curement, research, development, test, and evaluation, or

20 military construction.

21 (b) REPORT.—Not later than March 31, 1995, the Sec22 retary of Defense shall submit to the Committees on Armed

23 Services of the Senate and House of Representatives a re24 port that contains the result of the review conducted by the

25 Secretary under subsection (a) and a report on the extent
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1 to which funds appropriated to the Department of Defense

2 for operations and maintenance accounts are being used for

3 an activity for which funds have been appropriated to, or

4 are more appropriately made available from, accounts of

5 the Department for procurement, research, development,

6 test, and evaluation, or military construction.

7 SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON

8 OPERATIONS AND MAINTENANCE FUNDING.

9 (a) REQUIREMENT.—Subsection (a) of section 116 of

10 title 10, United States Code, is amended by adding at the

11 end the following new paragraph:

12 ‘‘(3) The Secretary shall include in each such report

13 a comparison of the level of funding for operations and

14 maintenance for the next fiscal year with the level of oper15 ations and maintenance funding for each previous fiscal

16 year beginning with fiscal year 1975, using constant dollars

17 and the same standard of comparison for each such fiscal

18 year.’’.

19 (b) DEVELOPMENT OF COMPARATIVE METHOD.—Not

20 later than February 1, 1995, the Secretary of Defense shall

21 submit to the Committees on Armed Services of the Senate

22 and House of Representatives a report on the development

23 by the Secretary of a method to make the comparison re24 quired under paragraph (3) of section 116(a) of title 10,

25 United States Code, as added by subsection (a).
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1 SEC. 370. AUTOMATED DATA PROCESSING PROGRAMS OF

2 THE DEPARTMENT OF DEFENSE.

3 (a) LIMITATION.—Of amounts authorized to be appro4 priated under section 301, not more than $2,575,000,000

5 shall be available for new development and modernization

6 of automated data processing programs of the Department

7 of Defense. The Secretary of Defense may not obligate or

8 expend amounts in excess of $2,000,000,000 for any such

9 new development or modernization until the Secretary—

10 (1) makes a determination that any such new

11 development or modernization is based on—

12 (A) a sound functional economic analysis;

13 (B) objectives of the defense information in14 frastructure;

15 (C) migratory assessment guidance provided

16 by the Defense Information Systems Agency; and

17 (D) Department of Defense directives on life

18 cycle management; and

19 (2) establishes performance measures and man20 agement controls to oversee and manage the acceler21 ated implementation of migration systems, data

22 standards, and process improvement.

23 (b) REPORTS.—(1) Not later than December 15, 1994,

24 the Secretary of Defense shall submit to the Congress a re25 port on the establishment by the Secretary of performance

26 measures and management controls to ensure, to the maxi-
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1 mum extent practicable, the best possible return on invest2 ment for any funds used by the Secretary for new develop3 ment and modernization of automated data processing pro4 grams of the Department of Defense.

5 (2) Not later than March 15 and December 15 of each

6 year, the Secretary of Defense shall submit to the Congress

7 a report on the progress made by the Secretary in improv8 ing the defense information infrastructure, realizing a re9 duction in the overall support infrastructure of the Depart10 ment of Defense, selecting and converting to migration sys11 tems, establishing data standards, and improving the func12 tional business process for the automated data processing

13 programs of the Department. The report shall include infor14 mation (by functional area) on—

15 (A) the migration systems selected for the pro16 grams;

17 (B) the systems that will be migrated or elimi18 nated;

19 (C) the total cost of migration, including conver20 sion and interface costs;

21 (D) the number of corporate data elements that

22 have been standardized; and

23 (E) the improvements that have been made to

24 any such process, including the savings that have been

25 achieved by such improvements.