Calendar No. 164

103D CONGRESS

1ST SESSION S. 1298

[Report No. 103–112]

A BILL

To authorize appropriations for fiscal year 1994 for

Armed Forces, and for other purposes.personnel strengths for such fiscal year for theties of the Department of Energy, to prescribefor military construction, and for defense activimilitary activities of the Department of Defense,

JULY 27 (legislative day, JUNE 30), 1993

Placed on the calendar
II

Calendar No. 164

103D CONGRESS

1ST SESSION S. 1298

[Report No. 103–112]

To authorize appropriations for fiscal year 1994 for military activities of

the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe personnel strengths

for such fiscal year for the Armed Forces, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27 (legislative day, JUNE 30), 1993

Mr. NUNN, from the Committee on Armed Services, reported the following

original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 1994 for military

activities of the Department of Defense, for military

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

such fiscal year for the Armed Forces, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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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 1994’’.

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 Au9 thorizations.

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

12 (3) Division C—Department of Energy Na13 tional Security Authorizations and Other Authoriza14 tions.

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

16 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—Funding Authorizations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense Agencies.

Sec. 105. Defense Inspector General.

Sec. 106. Reserve components.

Sec. 107. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Modified M113 carriers and AGT–1500 turbine engines.
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Sec. 112. Nuclear, biological, and chemical protective masks.

Sec. 113. Chemical agent monitoring program.

Subtitle C—Air Force Programs

Sec. 121. Modernization of the heavy bomber force.

Sec. 122. B–2 bomber aircraft program.

Sec. 123. Access by Comptroller General to information on heavy bomber programs.

Sec. 124. C–17 aircraft program.

Sec. 125. Joint primary aircraft training system.

Sec. 126. Solid rocket motor upgrade program.

Subtitle D—Other Programs

Sec. 131. ALQ–135 jammer device.

Sec. 132. Funding for certain tactical intelligence programs.

Sec. 133. Global Positioning System.

Sec. 134. Sense of Congress on expediting sealift procurement.

Sec. 135. Permanent authority to carry out AWACS memoranda of understanding.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorizations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Strategic Environmental Research and Development Program.

Sec. 204. Funding for defense conversion and reinvestment research and development programs.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Kinetic Energy Antisatellite Program.

Sec. 212. Javelin missile program.

Sec. 213. Plan for testing new electronic countermeasures system for B–1B

bombers.

Sec. 214. Space launch plan.

Sec. 215. Medical countermeasures against biowarfare threats.

Sec. 216. Baseline report for the Arrow tactical ballistic missile defense system.

Sec. 217. Limitations regarding federally funded research and development centers.

Subtitle C—Missile Defense Programs

Sec. 221. Revision of the Missile Defense Act of 1991.

Sec. 222. Funding of certain ballistic missile defense programs.

Sec. 223. Requirement for review of ballistic missile defense systems and components for compliance with ABM Treaty.

Sec. 224. Theater missile defense master plan.

Sec. 225. Extension of authority for transfer of responsibility for far-term follow-on technologies.

Sec. 226. Report on acquisition streamlining to accelerate deployment of initial

ABM system.

Sec. 227. Funding for ballistic missile defense programs.
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Subtitle D—Other Matters

Sec. 231. Nuclear testing.

Sec. 232. One-year delay in transfer of management responsibility for naval

mine countermeasures program to the Director, Defense Research and Engineering.

Sec. 233. Termination, reestablishment, and reconstitution of an advisory council on semiconductor technology.

Sec. 234. Authority to acquire Navy large cavitation channel, Memphis, Tennessee.

Sec. 235. Strategic Environmental Research Council.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Funding national defense strategic lift requirements.

Sec. 304. Armed Forces Retirement Home.

Sec. 305. National Security Education Trust Fund obligations.

Sec. 306. Transfer authority.

Subtitle B—Defense Business Operations Fund

Sec. 311. Extension of authority for use of the Defense Business Operations

Fund.

Sec. 312. Implementation of the Defense Business Operations Fund.

Sec. 313. Limitation on obligations against the Defense Business Operations

Fund.

Subtitle C—Environmental Provisions

Sec. 321. Authority for military departments to participate in water conservation programs.

Sec. 322. Clarification of authority for energy conservation programs at military installations.

Sec. 323. Clarification of funding for environmental restoration activities at installations to be closed or realigned.

Sec. 324. Annual report on environmental restoration activities of the Department of Defense.

Sec. 325. Extension of period of applicability of requirement for reimbursement

of the Federal government for certain liabilities arising under

contracts relating to hazardous waste.

Sec. 326. Prohibition on the purchase of surety bonds and other guaranties for

the Department of Defense.

Sec. 327. Clarification of scope of indemnification of transferees of closing defense property.

Subtitle D—Other Matters

Sec. 331. Repeal of an exception to a limitation on the performance of depotlevel maintenance of materiel.

Sec. 332. Maintenance and repair of Pacific battle monuments.

Sec. 333. Purchase of items not exceeding $100,000.

Sec. 334. Extension of authority for aviation depots and naval shipyards to engage in defense-related production and services.
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Sec. 335. Contracts to perform workloads previously performed by depot-level

activities of the Department of Defense.

Sec. 336. Promotion of civilian marksmanship.

Sec. 337. Amendments regarding pilot program to use National Guard personnel in medically underserved communities.

Sec. 338. Assistance to local educational agencies that benefit dependents of

members of the Armed Forces and Department of Defense civilian employees.

Sec. 339. Annual assessment of force readiness.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Temporary variation of permanent end strength limitations for certain grades of officers in the Marine Corps.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

components.

Sec. 413. Temporary variation of permanent end strength limitations for Air

Force personnel serving on active duty in certain grades in

support of the reserve components.

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. Award of constructive service credit for advanced education in a

health profession.

Sec. 502. Original appointment as regular officers certain reserve officers in

health professions.

Sec. 503. Temporary authority for involuntary separation of certain regular

warrant officers.

Sec. 504. Two-year extension of authority for temporary promotions of certain

Navy lieutenants.

Subtitle B—Reserve Components

Sec. 511. Limited delegation of Presidential authority to order Selected Reserve

to active duty.

Sec. 512. Two-year extension of certain reserve officer management authorities.

Sec. 513. Consistency of treatment of National Guard technicians and other

members of the National Guard.

Sec. 514. Exception to requirement for 12 weeks of basic training.

Sec. 515. National Guard management initiatives.
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Sec. 516. Frequency of physical examinations of members of the Ready Reserve.

Subtitle C—Service Academies

Sec. 521. Congressional nominations.

Sec. 522. Graduation leave.

Sec. 523. Management of faculties.

Subtitle D—Force Reduction Transition

Sec. 531. Teacher and teacher aide program for separated members of the

Armed Forces.

Sec. 532. Extension of personnel management and benefits transition authorities.

Sec. 533. Technical and conforming amendments relating to transition authorities.

Subtitle E—Other Matters

Sec. 541. Assignments of women members of the Armed Forces.

Sec. 542. Reduction in the maximum number of years to be on temporary disability retired list.

Sec. 543. Clarification of punitive UCMJ article regarding drunken driving.

Sec. 544. Authority to reduce active duty service obligation incurred in connection with advanced education assistance.

Sec. 545. Award of Purple Heart to members killed or wounded in action by

friendly fire.

Sec. 546. Policy concerning homosexuality in the Armed Forces.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Military pay raise for fiscal year 1994.

Subtitle B—Bonuses, Special Pay, and Incentive Pay

Sec. 611. Modification of authority relating to payment of certain Selected Reserve bonuses.

Sec. 612. Extension of authority relating to payment of certain bonuses, payment of other special pay, and repayment of certain education

loans.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Reimbursement of temporary lodging expenses.

Sec. 622. Treatment of advance pay paid to members evacuated from Homestead Air Force Base.

Subtitle D—Matters Related to Retired Pay and Separation

Benefits

Sec. 631. Concurrent payment of disability compensation and retired pay for

persons with disabilities rated as total.

Sec. 632. Standardization of minimum service requirement for eligibility for

certain separation benefits.

Sec. 633. Expansion of eligibility for certain separation benefits.
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Sec. 634. Applicability to Coast Guard Reserve of certain reserve components

transition initiatives.

Subtitle E—Benefits for Former POWs and Other Members

Held Captive

Sec. 641. Permanent authority for claims by former prisoners of war based on

violations of Geneva Conventions.

Sec. 642. Members eligible for benefits when held captive by terrorists.

Subtitle F—Other Matters

Sec. 651. Authority to limit direct payment of pay and allowances to certain

members during war, hostilities, or national emergency.

Sec. 652. Losses incurred and gains realized in connection with housing members in private housing abroad.

Sec. 653. Postponement of performance of certain tax-related acts for certain

persons serving in contingency operations.

Sec. 654. Benefits for dependents of members of the Armed Forces pending

loss of right to retired pay as a result of a court-martial.

TITLE VII—HEALTH CARE PROVISIONS

Sec. 701. Extension and revision of specialized treatment facility program authority.

Sec. 702. Codification of CHAMPUS Peer Review Organization program procedures.

Sec. 703. Flexible deadline for commencement of CHAMPUS Reform Initiative

in Hawaii and California.

Sec. 704. Delay of termination of status of certain facilities as uniformed services treatment facilities.

Sec. 705. Exclusion of experienced military physicians from medicare definition

of new physician.

Sec. 706. Enrollment in the dependents’ dental program by certain members

returning from overseas assignments.

TITLE VIII—ACQUISITION POLICY

Subtitle A—Defense Technology and Industrial Base,

Reinvestment, and Conversion

Sec. 801. Manufacturing Science and Technology Program.

Sec. 802. University Research Initiative Support Program.

Sec. 803. Operating Committee of the Critical Technologies Institute.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Contract goal for disadvantaged small businesses and certain institutions of higher education.

Sec. 812. Procurement technical assistance programs.

Sec. 813. Pilot Mentor-Protege Program funding and improvements.

Subtitle C—Other Matters

Sec. 821. Reimbursement of indirect costs of institutions of higher education

under Department of Defense contracts.

Sec. 822. Prohibition on purchase of United States defense contractors by entities controlled by foreign governments.
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Sec. 823. Prohibition on award of certain Department of Defense and Department of Energy contracts to entities controlled by a foreign

government.

Sec. 824. Reports by defense contractors on dealings with terrorist countries

and nationals of terrorist countries.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Sec. 901. Assistant Secretary of Defense for Legislative Affairs.

Sec. 902. Responsibilities of the Comptroller of the Department of Defense.

Sec. 903. Repeal of termination of requirement for a Director of Expeditionary

Warfare.

Sec. 904. CINC Initiative Fund.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Revision of date for submittal of joint report on scoring of budget

outlays.

Sec. 1003. Discretionary authority of the Comptroller General to conduct annual audits of the acceptance by the Department of Defense

of property, services, and contributions.

Subtitle B—Fiscal Year 1993 Authorization Matters

Sec. 1011. Authority for obligation of certain unauthorized fiscal year 1993 defense appropriations.

Sec. 1012. Limitation on obligation for certain unauthorized appropriations.

Sec. 1013. Use of fiscal year 1993 Air Force aircraft procurement funds for

higher priority programs.

Sec. 1014. Supplemental authorization of appropriations for fiscal year 1993.

Subtitle C—Joint Officer Personnel Matters

Sec. 1021. Joint officer personnel policy.

Sec. 1022. Joint duty credit for certain duty performed during Operations

Desert Shield and Desert Storm.

Subtitle D—Matters Relating to Reserve Components

Sec. 1031. Review of Air Force plans to transfer heavy bombers to reserve components units.

Sec. 1032. Requirement for transfer of air refueling aircraft to reserve components of the Air Force.

Subtitle E—International Peacekeeping Activities

Sec. 1041. General authorization of support for international peacekeeping activities.

Sec. 1042. Support to participants in international peacekeeping activities, humanitarian assistance activities, and contingency operations.

Sec. 1043. Report on multinational peacekeeping and peace enforcement.

Sec. 1044. Global Cooperative Initiatives.
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Sec. 1045. Scope of authority to enter into international cooperative agreements to acquire and provide logistic support, supplies, and

services.

Subtitle F—Matters Relating to Allies and Other Nations

Sec. 1051. Agreements for exchange of defense personnel between the United

States and foreign countries.

Sec. 1052. Burden sharing contributions by Japan, Kuwait, and the Republic

of Korea.

Sec. 1053. Transfer of certain obsolete or surplus defense articles in the war

reserve allies stockpile to the Republic of Korea.

Sec. 1054. Defense conversion and reinvestment; export loan guarantees.

Sec. 1055. Limitation on authority to transfer excess defense articles.

Subtitle G—Other Matters

Sec. 1061. Additional support for counter-drug activities.

Sec. 1062. Report on personnel requirements for control of transfer of certain

weapons.

Sec. 1063. National Guard Civilian Youth Opportunities Pilot Program amendments.

Sec. 1064. Civilian faculty of the George C. Marshall European Center for Security Studies.

Sec. 1065. Administrative improvements in Goldwater Scholarship and Excellence in Education Program.

Sec. 1066. U.S.S. Indianapolis Memorial, Indianapolis, Indiana.

TITLE XI—PREVENTION AND CONTROL OF

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Sec. 1101. Short title.

Sec. 1102. Sense of Congress.

Sec. 1103. Joint committee for review of nonproliferation activities of the United States.

Sec. 1104. Report on nonproliferation and counterproliferation activities and

programs.

Sec. 1105. International nonproliferation and counterproliferation initiative.

Sec. 1106. Funding for Defense Technology Security Administration.

Sec. 1107. Studies relating to United States nonproliferation policy.

Sec. 1108. Definitions.

TITLE XII—COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION

Sec. 1201. Short title.

Sec. 1202. Findings on cooperative threat reduction.

Sec. 1203. Authority for programs to facilitate cooperative threat reduction.

Sec. 1204. Funding for fiscal year 1994.

Sec. 1205. Prior notice to Congress of obligation of funds.

Sec. 1206. Semiannual report.

Sec. 1207. Definition.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY
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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. Termination of authority to carry out certain projects.

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. Termination of authority to carry out certain projects.

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. Termination of authority to carry out certain projects.

Sec. 2306. Relocation of student dormitory project to Beale Air Force Base,

California.

Sec. 2307. Relocation of munition maintenance facility project to Beale Air

Force Base, California.

Sec. 2308. Relocation of combat arms training and maintenance facility project

to Schofield Barracks Open Range, Hawaii.

Sec. 2309. Authority to transfer funds for construction of family housing, Scott

Air Force Base, Illinois.

Sec. 2310. Increase in authorized unit cost for certain family housing, Randolph Air Force Base, Texas.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Termination of authority to carry out certain projects.

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. Reduction in amounts authorized to be appropriated for Reserve

military construction projects.

TITLE XXVII—EXPIRATION OF AUTHORIZATIONS

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

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1991 projects.
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Sec. 2703. Extension of authorizations of certain fiscal year 1990 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Revision of military family housing rental authority.

Sec. 2802. Use of proceeds of sale of electricity from alternate energy and cogeneration production facilities.

Sec. 2803. Energy conservation measures for the Department of Defense.

Sec. 2804. Authority to acquire existing facilities in lieu of carrying out construction authorized by law.

Sec. 2805. Treatment of participation in Department of State housing pool

under limitation on family housing rentals overseas.

Sec. 2806. Extension of authority to lease real property for special operations

activities.

Subtitle B—Defense Base Closure and Realignment

Sec. 2811. Modification of requirement for reports on activities of the Defense

Base Closure Account 1990.

Sec. 2812. Base closure criteria.

Sec. 2813. Limitation on expenditure of funds from the Defense Base Closure

Account 1990 for military construction in support of transfers

of functions.

Sec. 2814. Evaluation and report on proposals for purchase or lease of certain

facilities, Arlington, Virginia.

Sec. 2815. Residual value of overseas installations being closed.

Subtitle C—Land Transactions

Sec. 2831. Conveyance of natural gas distribution system, Fort Belvoir, Virginia.

Sec. 2832. Conveyance of water distribution system, Fort Lee, Virginia.

Sec. 2833. Conveyance of waste water treatment facility, Fort Pickett, Virginia.

Sec. 2834. Conveyance of water distribution system and reservoir, Stewart

Army Subpost, New York.

Sec. 2835. Lease of real property, Camp Pendleton Marine Corps Base, California.

Sec. 2836. Conveyance of electricity distribution system, Fort Dix, New Jersey.

Sec. 2837. Modification of termination of lease and sale of facilities, Naval Reserve Center, Atlanta, Georgia.

Sec. 2838. Conveyance of radar bomb scoring site, Conrad, Montana.

Sec. 2839. Financial assistance for improvement of Dysart Channel, Luke Air

Force Base, Arizona.

Sec. 2840. Land conveyance, Broward County, Florida.

Sec. 2841. Land transfer, Woodbridge Research Facility, Virginia.

Subtitle D—Other Matters

Sec. 2851. Reports on economic and environmental effects of transfer of Mine

Warfare Center of Excellence.

Sec. 2852. Prohibition on use of funds for planning and design for Department

of Defense vaccine production facility.
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Sec. 2853. Grant relating to elementary school for dependents of Department

of Defense personnel, Fort Belvoir, Virginia.

TITLE XXIX—BASE CLOSURE ASSISTANCE

Sec. 2901. Short title.

Sec. 2902. Findings.

Sec. 2903. Authority to transfer property at closed installations to affected

communities and States.

Sec. 2904. Authority to lease certain property at closed installations.

Sec. 2905. Delegation of authority to enter into leases of certain property.

Sec. 2906. Expedited determination of transferability of excess property of installations to be closed.

Sec. 2907. Transition coordinators for assistance to communities affected by

the closure of installations.

Sec. 2908. Property disposal, cleanup and reuse teams for installations to be

closed.

Sec. 2909. Assistance to affected States and communities through the Office of

Economic Adjustment.

Sec. 2910. Employment assistance through the Department of Labor.

Sec. 2911. Identification of uncontaminated property at installations to be

closed.

Sec. 2912. Seminars on reuse or redevelopment of property at installations to

be closed.

Sec. 2913. Compliance with certain environmental requirements relating to closure of installations.

Sec. 2914. Authority to contract for certain services at installations being

closed or realigned.

Sec. 2915. Definitions.

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. New tritium production and plutonium disposition activities.

Sec. 3103. Environmental restoration and waste management.

Sec. 3104. Materials support and other defense programs.

Sec. 3105. Defense nuclear waste disposal.

Sec. 3106. Funding uses and limitations.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.
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Subtitle C—Other Matters

Sec. 3131. Use of funds for payment of penalty assessed against Hanford

project.

Sec. 3132. Office of Tritium Production and Plutonium Disposition.

Sec. 3133. Authority to transfer certain Department of Energy property.

Sec. 3134. Reauthorization and expansion of authority to loan personnel and

facilities.

Sec. 3135. Inclusion of analysis of Nevada Test Site in environmental assessment of reconfiguration of Department of Energy nuclear

weapons complex.

Sec. 3136. Department of Energy management.

Sec. 3137. Training programs for management of hazardous materials and of

hazardous materials emergency response activities.

Sec. 3138. Review of Department of Energy environmental compliance agreements.

Subtitle D—Cooperative Research and Development

Sec. 3141. Definitions.

Sec. 3142. Authority to carry out activities utilizing the core competencies of

departmental laboratories.

Sec. 3143. Establishment of goal for partnerships between departmental laboratories and United States industry.

Sec. 3144. Availability of funds for partnerships activities.

Sec. 3145. Amendments to Stevenson-Wydler Technology Innovation Act.

TITLE XXXII—NUCLEAR SAFETY

Sec. 3201. Authorization for Defense Nuclear Safety Board.

Sec. 3202. Requirement for transmittal to Congress of certain information prepared by Defense Nuclear Safety Board.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Subtitle A—Authorizations of Disposals and Use of Funds

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

Defense Stockpile.

Sec. 3302. Revision of authority to dispose of certain materials authorized for

disposal in fiscal year 1993.

Sec. 3303. Authorized uses of stockpile funds.

Subtitle B—Programmatic Changes

Sec. 3311. Stockpiling principles.

Sec. 3312. Period of limitation for changing annual materials plan.

Sec. 3313. Rotation of materials to prevent technological obsolescence.

Sec. 3314. Uses of the National Defense Stockpile Transaction Fund.

Sec. 3315. National emergency planning assumptions for biennial report on

stockpile requirements.

Sec. 3316. Repeal of advisory committee requirement.

Sec. 3317. Annual grant of a portion of the proceeds from the sale of materials

in the National Defense Stockpile.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.
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TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Expenditures in accordance with other laws.

Sec. 3504. Employment of commission employees by the Government of Panama.

Sec. 3505. Labor-management relations.

Sec. 3506. Effective date.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

5 and House of Representatives.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Funding

10 Authorizations

11 SEC. 101. ARMY.

12 Funds are hereby authorized to be appropriated for

13 fiscal year 1994 for procurement for the Army as follows:

14 (1) For aircraft, $1,249,539,000.

15 (2) For missiles, $1,083,810,000.

16 (3) For weapons and tracked combat vehicles,

17 $1,009,679,000.

18 (4) For ammunition, $621,049,000.

19 (5) For other procurement, $2,864,575,000.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 1994 for procurement for the Navy

4 as follows:

5 (1) For aircraft, $5,755,166,000.

6 (2) For weapons, $3,000,614,000.

7 (3) For shipbuilding and conversion,

8 $4,264,647,000.

9 (4) For other procurement, $2,820,931,000.

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

11 be appropriated for fiscal year 1994 for procurement for

12 the Marine Corps in the amount of $480,521,000.

13 SEC. 103. AIR FORCE.

14 Funds are hereby authorized to be appropriated for

15 fiscal year 1994 for procurement for the Air Force as fol16 lows:

17 (1) For aircraft, $4,041,664,000.

18 (2) For missiles, $4,245,404,000.

19 (3) For other procurement, $7,610,888,000.

20 SEC. 104. DEFENSE AGENCIES.

21 Funds are hereby authorized to be appropriated for

22 fiscal year 1994 for procurement for the Defense Agencies

23 in the amount of $2,044,971,000.
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1 SEC. 105. DEFENSE INSPECTOR GENERAL.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1994 for procurement for the Inspector General

4 of the Department of Defense in the amount of $600,000.

5 SEC. 106. RESERVE COMPONENTS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1994 for procurement of aircraft, vehicles, com8 munications equipment, and other equipment for the re9 serve components of the Armed Forces as follows:

10 (1) For the Army National Guard,

11 $85,000,000.

12 (2) For the Air National Guard, $285,000,000.

13 (3) For the Army Reserve, $65,000,000.

14 (4) For the Naval Reserve, $55,000,000.

15 (5) For the Air Force Reserve, $50,000,000.

16 (6) For the Marine Corps Reserve,

17 $20,000,000.

18 (7) For reserve component simulation equip19 ment, $75,000,000.

20 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

21 There is hereby authorized to be appropriated for fis22 cal year 1994, $442,947,000 for—

23 (1) the destruction of lethal chemical agents

24 and munitions in accordance with section 1412 of

25 the Department of Defense Authorization Act, 1986

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

2 of the United States that is not covered by section

3 1412 of such Act.

4 Subtitle B—Army Programs

5 SEC. 111. MODIFIED M113 CARRIERS AND AGT–1500 TUR6 BINE ENGINES.

7 (a) ADDITIONAL AUTHORIZATION OF APPROPRIA8 TIONS.—In addition to the funds authorized to be appro9 priated in section 101, funds are authorized to be appro10 priated for the Army for procurement of modified M113

11 carriers and AGT–1500 turbine engines in the amount of

12 $148,000,000.

13 (b) LIMITATION.—None of the funds appropriated

14 pursuant to the authorization in subsection (a) may be

15 obligated during fiscal year 1994.

16 SEC. 112. NUCLEAR, BIOLOGICAL, AND CHEMICAL PROTEC17 TIVE MASKS.

18 Of the unobligated balance of the funds appropriated

19 for the Army for fiscal year 1993 for other procurement,

20 $9,300,000 shall be available, to the extent provided in

21 appropriations Acts, for procurement of M40/M42 nu22 clear, biological, and chemical protective masks.

23 SEC. 113. CHEMICAL AGENT MONITORING PROGRAM.

24 Funds appropriated for the Army for fiscal year 1993

25 for other procurement may not be obligated after the date
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1 of the enactment of this Act for the Improved Chemical

2 Agent Monitor (ICAM) program.

3 Subtitle C—Air Force Programs

4 SEC. 121. MODERNIZATION OF THE HEAVY BOMBER FORCE.

5 (a) FUNDING.—Of the amount authorized to be ap6 propriated under section 103—

7 (1) not more than $37,400,000 shall be avail8 able for procurement of B–52 bomber aircraft; and

9 (2) not more than $177,355,000 shall be avail10 able for the B–1B bomber aircraft program.

11 (b) LIMITATIONS ON FUNDING.—Of the total amount

12 made available pursuant to subsection (a) for the pro13 grams referred to in such subsection—

14 (1) none of such amount may be obligated or

15 expended until all of the requirements set forth in

16 section 152 of the National Defense Authorization

17 Act for Fiscal Year 1993 (Public Law 102–484; 106

18 Stat. 2340) have been met; and

19 (2) not more than 50 percent of such amount

20 may be expended before the commencement of flight

21 testing in accordance with the test plan required by

22 section 152(a) of such Act.

23 SEC. 122. B–2 BOMBER AIRCRAFT PROGRAM.

24 (a) AMOUNT FOR PROGRAM.—Subject to subsection

25 (b), of the amount appropriated to the Air Force pursuant
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1 to section 103(1) for fiscal year 1994 for procurement of

2 aircraft, not more than $626,200,000 may be obligated

3 for the B–2 bomber aircraft program.

4 (b) LIMITATIONS ON OBLIGATION.—(1) None of the

5 funds made available for fiscal year 1994 for the B–2

6 bomber aircraft program may be obligated until the Sec7 retary of Defense has submitted to the congressional de8 fense committees the certifications and reports described

9 in section 151(d)(1) of the National Defense Authoriza10 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

11 Stat. 2339).

12 (2) Of the unobligated balances of funds authorized

13 to be appropriated for procurement of B–2 aircraft for fis14 cal years 1992, 1993, and 1994, none of such funds may

15 be obligated until—

16 (A) the Secretary of the Air Force—

17 (i) has entered into a definitized produc18 tion contract with the prime contractor for air

19 vehicles 17 through 21; or

20 (ii) has submitted to the congressional de21 fense committees a report setting forth the rea22 sons that a definitized contract cannot be en23 tered into; and

24 (B) the Secretary of Defense has submitted to

25 such committees a certification that the Department
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1 of the Air Force is in full compliance with the B–

2 2 correction-of-deficiency requirements set forth in

3 section 117(d) of Public Law 101–189 (103 Stat.

4 1376) in all aspects of deficiency correction.

5 SEC. 123. ACCESS BY COMPTROLLER GENERAL TO INFOR6 MATION ON HEAVY BOMBER PROGRAMS.

7 The Secretary of Defense shall take all actions that

8 are necessary to ensure that the Comptroller General of

9 the United States and employees of the Government Ac10 counting Office designated by the Comptroller General

11 have full, free, and prompt access to data, reports, and

12 analyses generated by or on behalf of the Department of

13 the Air Force (including by Air Force contractors) that

14 relate to operation, maintenance, repair, and moderniza15 tion of heavy bombers, and the plans of the Air Force for

16 operation, maintenance, repair, and modernization of

17 heavy bombers in the future.

18 SEC. 124. C–17 AIRCRAFT PROGRAM.

19 (a) FISCAL YEAR 1994 LIMITATION.—None of the

20 funds appropriated for the Department of Defense for fis21 cal year 1994 may be made available for procurement of

22 C–17 aircraft until—

23 (1) all limitations and requirements set forth in

24 subsections (b), (c), (d), (f), and (g) of section 134

25 of the National Defense Authorization Act for Fiscal
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1 Year 1993 (Public Law 102–484; 106 Stat. 2335)

2 are satisfied; and

3 (2) the Secretary of Defense submits to the

4 congressional defense committees a report on the C–

5 17 acquisition program that contains—

6 (A) the results of the special Defense Ac7 quisition Board review of the program;

8 (B) a discussion of the corrective actions

9 to be taken by the Air Force with regard to

10 such program;

11 (C) a discussion of the corrective actions to

12 be taken by the contractor with regard to such

13 program; and

14 (D) the findings and recommendations of

15 the special Defense Science Board group result16 ing from the investigation of the program by

17 that group.

18 (b) FISCAL YEAR 1995 LIMITATION.—None of the

19 funds appropriated for the Department of Defense for fis20 cal year 1995 that are made available for the C–17 air21 craft program (other than funds for advance procurement)

22 may be obligated before the Secretary of Defense submits

23 to the congressional defense committees a report contain24 ing a review of the airlift requirements of the Armed

25 Forces. The review shall—
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1 (1) be based on an analysis by a federally fund2 ed research and development center; and

3 (2) reflect consideration of—

4 (A) the changes in total airlift require5 ments resulting from the disintegration of the

6 Warsaw Pact and Soviet Union that eliminate

7 any major trans-Atlantic airlift requirement for

8 Europe;

9 (B) the change in airlift requirements from

10 requirements for airlift of large quantities of

11 outsize cargo for reinforcement of the North

12 Atlantic Treaty Organization (NATO) forces to

13 requirements for airlift in connection with such

14 lesser regional contingencies and humanitarian

15 operations as Operation Desert Shield, Oper16 ation Desert Storm, and Operation Restore

17 Hope;

18 (C) the potential contribution that planned

19 strategic sealift improvements can make

20 toward—

21 (i) reducing the total demand for air22 lift; and

23 (ii) changing the type of cargo that

24 airlift aircraft must carry;
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1 (D) the declining demand for conducting

2 airlift operations in austere airfield environ3 ments; and

4 (E) the trade-off between purchasing the

5 type of additional capability that the C–17 air6 craft can provide and purchasing and employing

7 additional support equipment that would in8 crease the cargo airlift capability of commercial

9 cargo aircraft.

10 (c) LIMITATION ON ACQUISITION OF MORE THAN 5

11 AIRCRAFT.—Funds appropriated for the Department of

12 Defense for fiscal years after fiscal year 1993 that are

13 made available for the C–17 aircraft program (other than

14 funds for advance procurement) may not be obligated to

15 produce more than 5 C–17 aircraft until the program

16 meets the following milestones:

17 (1) Clearance of flight envelope with respect to

18 altitude and speed.

19 (2) Takeoff of aircraft at a gross weight of

20 580,000 pounds and 160,000 pounds payload within

21 a critical field length of 8500 feet at sea level and

22 90 degrees Fahrenheit day conditions (or equivalent

23 results under other conditions).

24 (3) Backing aircraft up a two degree slope with

25 a gross weight of 510,000 pounds.
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1 (4) Unassisted 180 degree turn of aircraft on

2 a paved runway of load classification group IV in

3 less than 90 feet, using three maneuvers.

4 (5) Completion of static article ultimate load

5 (150 percent of design limit load) test condition S.P.

6 5030 for wing up bending.

7 (6) Completion of electromagnetic radiation,

8 electromagnetic compatibility, and lightening tests.

9 (7) Low velocity air drop of 5,000-pound, 8-foot

10 length platform.

11 (8) Sequential air drop of multiple simulated

12 paratroop dummies from both paratroop doors.

13 (9) A minimum unit equivalent assembly rate of

14 6.0 assemblies per year, as measured by the ratio of

15 annualized standard hours earned to that required

16 to assemble one aircraft from the beginning of as17 sembly to the completion of assembly prior to move18 ment to the ramp at the prime contractor’s facilities.

19 (10) For all aircraft scheduled for delivery in

20 the prior 6-month period, delivery of each aircraft

21 within one month of scheduled delivery date.

22 (d) LIMITATION ON ACQUISITION OF MORE THAN 8

23 AIRCRAFT.—Funds appropriated for the Department of

24 Defense for fiscal years after fiscal year 1993 that are

25 made available for the C–17 aircraft program (other than
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1 funds for advance procurement) may not be obligated to

2 produce more than 8 aircraft until the program meets the

3 following additional milestones:

4 (1) Clearance of flight envelope with respect to

5 loads.

6 (2) Estimate of payload meets 95 percent of the

7 requirement provided in the full-scale development

8 contract for the key performance parameters for

9 payload-to-range systems performance.

10 (3) Operational clearance for aircraft to be air

11 refueled from operational KC–10 and KC–135 air12 craft at standard Air Force refueling speeds for the

13 specific tanker in a single receiver formation.

14 (4) Demonstration of combat offload with two

15 463L pallets using the air delivery system rails.

16 (5) Airdrop of 70 paratroopers on one pass,

17 using both paratroop doors.

18 (6) Low velocity air drop of 30,000-pound, 24-

19 foot length platform.

20 (e) LIMITATION ON ACQUISITION OF MORE THAN 10

21 AIRCRAFT.—Funds appropriated for the Department of

22 Defense for fiscal years after fiscal year 1993 that are

23 made available for the C–17 aircraft program (other than

24 funds for advance procurement) may not be obligated to
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1 produce 11 or 12 aircraft until the program meets the fol2 lowing additional milestones:

3 (1) Estimate of payload meets 97.5 percent of

4 the requirement provided in the full-scale develop5 ment contract for the key performance parameters

6 for payload-to-range systems performance.

7 (2) Landing of aircraft with a payload of

8 160,000 pounds and fuel necessary to fly 300 nau9 tical miles on a 3,000-foot long, 90-foot wide, and

10 load classification group IV runway at sea level, 90

11 degrees Fahrenheit day conditions (or equivalent re12 sults under other conditions).

13 (3) Low altitude parachute extraction system

14 delivery of a 20,000-pound cargo.

15 (4) Simultaneous and sequential container de16 livery system airdrop of 30 bundles.

17 (5) Low velocity air drop of 42,000-pound plat18 form.

19 (6) Satisfactory completion of one lifetime of

20 testing of durability article.

21 (7) Air vehicle mean time between removal at

22 cumulative flying hours to date of measurement indi23 cates that the mature requirement established in the

24 full-scale development contract will be met.
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1 (f) FUNDING OUT OF NATIONAL DEFENSE STRATE2 GIC LIFT FUND.—Funds appropriated for the Depart3 ment of Defense for fiscal year 1994 may be made avail4 able for procurement of the C–17 aircraft only in accord5 ance with section 2218 of title 10, United States Code.

6 SEC. 125. JOINT PRIMARY AIRCRAFT TRAINING SYSTEM.

7 No funds appropriated for the Department of De8 fense pursuant to an authorization contained in this Act

9 or any Act enacted after the date of the enactment of this

10 Act may be obligated or expended to procure Joint Pri11 mary Aircraft Training System aircraft until the Sec12 retary of Defense certifies to the congressional defense

13 committees that the cockpit and ejection seat of such air14 craft have been designed for safe and effective operation

15 of the aircraft and ejection system by at least 95 percent

16 of the male pilot trainees and 95 percent of the female

17 pilot trainees.

18 SEC. 126. SOLID ROCKET MOTOR UPGRADE PROGRAM.

19 (a) PROHIBITION ON USE OF FUNDS.—Funds appro20 priated to the Department of Defense may be used for

21 implementing a supplemental agreement described in sec22 tion 9164 of Public Law 102–396 only under the authori23 ties in subsection (b).

24 (b) ACTIONS AUTHORIZED.—The Secretary of De25 fense may—
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1 (1) restructure the provisions of contract

2 F04701–85–C–0019 (hereafter in this subsection re3 ferred to as the ‘‘prime contract’’) and enter into an

4 agreement to reimburse the subcontractor for the

5 Solid Rocket Motor Upgrade (SRMU) subcontract

6 under such prime contract (hereafter in this sub7 section referred to as the ‘‘SRMU subcontractor’’)

8 for the costs incurred by the subcontractor for devel9 opment and tooling related to the subcontract;

10 (2) reimburse the SRMU subcontractor for

11 working capital expenses related to the subcontract

12 only after consultation with the Comptroller General

13 of the United States regarding whether such ex14 penses are allowable under applicable laws;

15 (3) settle claims arising from disputes between

16 the SRMU subcontractor and prime contractor;

17 (4) transfer funds to reimburse the subcontrac18 tor in accordance with paragraphs (1), (2) and (3);

19 (5) if the Secretary enters into an agreement to

20 pay the SRMU subcontractor in accordance with

21 paragraphs (1), (2) and (3), take such actions as are

22 necessary to ensure that competitive procedures are

23 used for awarding contracts in any future procure24 ments of solid rocket motors for the Titan IV launch

25 system;
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1 (6) take such actions as are necessary to reduce

2 or eliminate concurrency in the Solid Rocket Motor

3 Upgrade program;

4 (7) change the type of the subcontract used for

5 the Solid Rocket Motor Upgrade production sub6 contract and adjust the ceiling price for the prime

7 contract accordingly, but only with respect to the

8 Solid Rocket Motor Upgrade production subcontract;

9 and

10 (8) if the Secretary decides to reimburse the

11 SRMU subcontractor for development costs, tooling,

12 and claims resulting from the termination or modi13 fication of the subcontract, terminate the Solid

14 Rocket Motor Upgrade production subcontract or

15 modify such subcontract regarding the production

16 quantities and production rates.

17 (c) RELATIONSHIP OF TRANSFER AUTHORITY TO

18 OTHER TRANSFER AUTHORITY.—The authority provided

19 in subsection (b)(4) is not in addition to any other transfer

20 authority provided in this or any other Act.

21 Subtitle D—Other Programs

22 SEC. 131. ALQ–135 JAMMER DEVICE.

23 Subsection 182(b)(2) of Public Law 101–510 is

24 amended by striking out ‘‘meets or exceeds all operational
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1 criteria established for the program’’ and inserting in lieu

2 thereof ‘‘is operationally effective and suitable’’.

3 SEC. 132. FUNDING FOR CERTAIN TACTICAL INTELLIGENCE

4 PROGRAMS.

5 Notwithstanding the limitation in section 141 of Pub6 lic Law 102–484 (106 Stat. 2338), funds authorized to

7 be appropriated under such section are authorized to be

8 made available for the following purposes:

9 (1) To complete EP–3 Aries conversion-in-lieu10 of-procurement for the remainder of the EP–3 Aries

11 aircraft fleet.

12 (2) To upgrade communications of the EP–3

13 Aries aircraft fleet to permit dissemination of col14 lected data.

15 (3) To complete standardization of the RC–135

16 Rivet Joint aircraft fleet to Block III Baseline 6

17 configuration.

18 SEC. 133. GLOBAL POSITIONING SYSTEM.

19 (a) PROGRAM STUDY REQUIRED.—(1) The Secretary

20 of Defense shall provide for an independent study to be

21 conducted on the management and funding of the Global

22 Positioning System program for the future.

23 (2) With the agreement of the National Academy of

24 Sciences and the National Academy of Public Administra-
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1 tion, the study shall be conducted jointly by those organi2 zations.

3 (3) Of the amounts authorized to be appropriated to

4 the Department of Defense for fiscal year 1994 and made

5 available for procurement of Global Positioning System

6 user equipment, for procurement of spacecraft, or for op7 erations and maintenance, $5,000,000 may be used for

8 carrying out the study required by paragraph (1).

9 (b) LIMITATION ON PROCUREMENT OF SYSTEMS

10 NOT GPS EQUIPPED.—Funds may not be obligated after

11 September 30, 2000, to modify or procure any Depart12 ment of Defense aircraft, ship, armored vehicle, or indirect

13 fire weapon system that is not equipped with a Global Po14 sitioning System receiver.

15 (c) REPORTING REQUIREMENT.—Not later than May

16 1, 1994, the Secretary of Defense, in coordination with

17 the Director of Central Intelligence, shall submit to the

18 congressional defense committees, the Select Committee

19 on Intelligence of the Senate, and the Permanent Select

20 Committee on Intelligence of the House of Representatives

21 a report on the following questions:

22 (1) What, if any, threats to the health and safe23 ty of United States military forces, allied military

24 forces, and the United States and allied civilian pop25 ulations, and what, if any, threats of damage to
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1 property within the United States and allied coun2 tries, will result by the year 2000 from Global Posi3 tioning System navigation signals, local and wide4 area differential navigation correction signals, kine5 matic differential correction signals, and commer6 cially available map products based on the Global

7 Positioning System?

8 (2) What, if any, threat to civil aviation and

9 other transportation operations will result by the

10 year 2000 from the signal jamming, deception, and

11 other disruptive effects of Global Positioning System

12 navigation signals?

13 (3) What, if any, actions can be taken to elimi14 nate or mitigate such threats?

15 (4) What, if any, modifications of the Global

16 Positioning System and derivative systems can be

17 made to eliminate or significantly reduce such

18 threats, or to increase the ability of the Department

19 of Defense to mitigate such threats, without inter20 fering with authorized and peaceful uses of the Glob21 al Positioning System?

22 SEC. 134. SENSE OF CONGRESS ON EXPEDITING SEALIFT

23 PROCUREMENT.

24 (a) FINDINGS.—The Congress makes the following

25 findings:
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1 (1) The Joint Chiefs of Staff have verified the

2 urgent need for increased sealift.

3 (2) The Persian Gulf war provided graphic evi4 dence of the United States longstanding need for in5 creased sealift.

6 (3) The Congress has appropriated funds for a

7 sealift program in each of the past four fiscal years.

8 (4) The United States shipbuilding industry

9 and its supplier base would benefit, economically and

10 through sustained employment, from increased ship

11 conversion as well as from new ship construction.

12 (5) Maintaining or increasing ship conversion

13 and construction helps to preserve the industrial

14 base required for effective national defense.

15 (6) Enhanced sealift capacity is a vital require16 ment for the national security of the United States.

17 (b) EXPEDITED PROCUREMENT.—It is the sense of

18 the Congress that the Secretary of the Navy should move

19 expeditiously to award sealift conversion and construction

20 contracts that represent a fair price to the taxpayer.

21 SEC. 135. PERMANENT AUTHORITY TO CARRY OUT AWACS

22 MEMORANDA OF UNDERSTANDING.

23 Section 2350e of title 10, United States Code, is

24 amended by striking out subsection (d).
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorizations

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 1994 for the use of the Armed Forces for re8 search, development, test, and evaluation as follows:

9 (1) For the Army, $5,303,738,000.

10 (2) For the Navy, $8,338,931,000.

11 (3) For the Air Force, $12,681,597,000.

12 (4) For the Defense Agencies, $9,765,951,000,

13 of which—

14 (A) $252,592,000 is authorized for the ac15 tivities of the Deputy Director, Defense Re16 search and Engineering (Test and Evaluation);

17 and

18 (B) $12,650,000 is authorized for the Di19 rector of Operational Test and Evaluation.

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

22 (a) FISCAL YEAR 1994.—Of the amounts authorized

23 to be appropriated by section 201, $4,549,445,000 shall

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

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

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

6 6.2.

7 SEC. 203. STRATEGIC ENVIRONMENTAL RESEARCH AND DE8 VELOPMENT PROGRAM.

9 Of the amounts authorized to be appropriated by sec10 tion 201, $200,000,000 shall be available for the Strategic

11 Environmental Research and Development Program.

12 SEC. 204. FUNDING FOR DEFENSE CONVERSION AND REIN13 VESTMENT RESEARCH AND DEVELOPMENT

14 PROGRAMS.

15 Of the amounts authorized to be appropriated under

16 section 201—

17 (1) $10,000,000 shall be available for the na18 tional defense program for analysis of the technology

19 and industrial base under section 2503 of title 10,

20 United States Code;

21 (2) $150,000,000 shall be available for defense

22 dual-use critical technology partnerships established

23 under section 2511 of such title;
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1 (3) $100,000,000 shall be available for commer2 cial-military integration partnerships established

3 under section 2512 of such title;

4 (4) $100,000,000 shall be available for assist5 ance of regional technology alliances under section

6 2513 of such title;

7 (5) $30,000,000 shall be available for defense

8 advanced manufacturing technology partnerships es9 tablished under section 2522 of such title;

10 (6) $100,000,000 shall be available for support

11 of defense manufacturing technology extension pro12 grams under section 2523 of such title;

13 (7) $25,000,000 shall be available for defense

14 manufacturing engineering education grants under

15 section 2196 of such title;

16 (8) $10,000,000 shall be available for support

17 of manufacturing experts in the classroom program

18 under section 2197 of such title;

19 (9) $30,000,000 shall be available for the ad20 vanced materials synthesis and processing partner21 ship program; and

22 (10) $50,000,000 shall be available for the agile

23 manufacturing/enterprise integration program.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. KINETIC ENERGY ANTISATELLITE PROGRAM.

5 (a) CONVERSION OF PROGRAM.—The Secretary of

6 Defense shall convert the Kinetic Energy Antisatellite

7 (KE–ASAT) Program to a tactical antisatellite tech8 nologies program.

9 (b) LEVEL PROGRAM.—Engineering development

10 under the program shall continue at a level of

11 $10,000,000 in fiscal year 1994.

12 (c) DEVELOPMENT OF MOST CRITICAL TECH13 NOLOGIES.—The amount referred to in subsection (b)

14 shall be available for engineering development of the most

15 critical antisatellite technologies.

16 SEC. 212. JAVELIN MISSILE PROGRAM.

17 (a) LIMITATION.—Of the funds authorized to be ap18 propriated in section 201(1), not more than $34,937,000

19 may be obligated for the Javelin missile program until the

20 Secretary of Defense certifies to the congressional defense

21 committees that the Under Secretary of Defense for

22 Acquisition—

23 (1) has conducted a thorough review of such

24 program;
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1 (2) has determined that the cost problems with

2 the Javelin missile development and production are

3 under control;

4 (3) has completed a cost-effectiveness evalua5 tion and determined that the Javelin missile should

6 enter production; and

7 (4) has approved an enhanced producibility plan

8 developed by the Army.

9 (b) COST GROWTH REPORT.—The Secretary of De10 fense shall submit to Congress a report on the total extent

11 of the increase in the cost of the Javelin program. The

12 Secretary shall include in the report the Secretary’s as13 sessment of the extent of the contractor’s liability for the

14 increased cost and the actions being taken by or on behalf

15 of the United States to obtain compensation for the con16 tractor’s share of the responsibility for the increased cost.

17 SEC. 213. PLAN FOR TESTING NEW ELECTRONIC COUNTER18 MEASURES SYSTEM FOR B–1B BOMBERS.

19 (a) REQUIREMENT FOR PLAN.—The Secretary of De20 fense shall develop a plan for testing the new electronic

21 countermeasures system being developed for the B–1B

22 bomber.

23 (b) CONTENT OF PLAN.—The plan shall contain—

24 (1) a detailed description of plans for devel25 opmental testing and for operational testing, includ-
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1 ing early operational testing by the Director of

2 Operational Test and Evaluation; and

3 (2) a full description of the range of test pa4 rameters, including B–1B bomber flight conditions,

5 individual threat systems against which counter6 measures will be tested, and testing of counter7 measures in the presence of multiple threats.

8 (c) SUBMISSION OF PLAN.—(1) The Secretary shall

9 submit the plan to the congressional defense committees.

10 (2) The Secretary shall provide a copy of the plan

11 to the Director of Operational Test and Evaluation.

12 (d) REVIEW AND COMMENT.—The Director of Oper13 ational Test and Evaluation shall review the plan and sub14 mit any comments on the plan to the Secretary and di15 rectly to the congressional defense committees.

16 (e) SCOPE OF REVIEW.—The review required under

17 subsection (d) shall include—

18 (1) the adequacy of the test plan to permit

19 measurement of the extent to which the new elec20 tronic countermeasures system, if procured and in21 stalled in all B–1B bombers, would improve the sur22 vivability of B–1B bombers;

23 (2) the adequacy of available threat simulators

24 to characterize threats that the B–1B bomber is
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1 likely to encounter on conventional bombing mis2 sions;

3 (3) the contribution of the new electronic coun4 termeasures system to the effectiveness of the em5 ployment of B–1B bombers on conventional bombing

6 missions if the new electronic countermeasures sys7 tem were installed on all B–1B bomber aircraft; and

8 (4) such other matters as the Director of Oper9 ational Test and Evaluation considers significant.

10 (f) AVAILABILITY OF AUTHORIZED FUNDS.—Of the

11 amount authorized to be appropriated under section

12 201(3), not more than $43,500,000 shall be available for

13 the new electronic countermeasures system under the B–

14 1B bomber aircraft program.

15 (g) LIMITATIONS.—(1) None of the funds made avail16 able pursuant to subsection (f) may be obligated until all

17 of the requirements set forth in section 152 of the Na18 tional Defense Authorization Act for Fiscal Year 1993

19 (Public Law 102–484; 106 Stat. 2340) have been met.

20 (2) Of the amount made available pursuant to sub21 section (f), not more than $20,000,000 may be obligated

22 until the plan required by subsection (a) has been submit23 ted to the congressional defense committees.
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1 SEC. 214. SPACE LAUNCH PLAN.

2 (a) PLAN REQUIRED.—The Secretary of Defense

3 shall develop a space launch plan that contains clearly de4 fined priorities, goals, and milestones regarding new space

5 launch vehicles and technology. The Secretary shall sub6 mit the plan to Congress at the same time that he submits

7 to Congress the future years defense program in 1994

8 pursuant to section 221 of title 10, United States Code.

9 (b) SELECTION OF LAUNCH VEHICLE OPTIONS.—Of

10 the amount authorized to be appropriated in section

11 201(3) and to be made available for research, develop12 ment, test, and evaluation of new space launch systems

13 and technology, the Secretary of Defense shall allocate not

14 less than 75 percent of such amount to one of the follow15 ing options for a space launch system:

16 (1) A comprehensive demonstration of high17 risk, far-term launch technology, such as reusable

18 single-stage-to-orbit and air-breathing propulsion.

19 (2) A competitive acquisition program for a du20 rable and inexpensive expendable or reusable launch

21 vehicle with an initial operational capability date

22 early in the next decade.

23 (3) A program to modify existing launch vehi24 cles to achieve decreased cost and increased respon25 siveness.
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1 (c) LIMITATION.—Not more than one-third of the

2 amount authorized to be appropriated in section 201(3)

3 and to be made available for research, development, test,

4 and evaluation of new space launch systems and tech5 nology may be obligated until the Secretary certifies to

6 the congressional defense committees that the option se7 lected for funding in accordance with subsection (b) is

8 fully funded in the future years defense program referred

9 to in subsection (a).

10 (d) USE OF FOREIGN LAUNCH VEHICLES.—(1) The

11 Secretary of Defense shall conduct one or more studies

12 to determine the potential for using space launch vehicles

13 of foreign countries to launch United States national secu14 rity payloads. The studies shall be conducted with the goal

15 of determining whether the use of such launch vehicles

16 would result in reduced costs for launches of national se17 curity payloads, increased competition in the furnishing

18 of space launch vehicles for launching such payloads, and

19 a reduction in the excessive United States space launch

20 industrial base.

21 (2) Of the funds authorized to be appropriated under

22 section 201(3) and to be made available for research, de23 velopment, test, and evaluation of new space launch sys24 tems and technology, the Secretary of Defense shall allo-
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1 cate up to $5,000,000 for conducting studies described in

2 paragraph (1).

3 (e) REQUIREMENT REGARDING DEVELOPMENT OF

4 NEW LAUNCH VEHICLES.—If the Secretary of Defense se5 lects an option referred to in paragraph (1) or (2) of sub6 section (b) for full funding in the future years defense plan

7 referred to in subsection (a), the Secretary shall explore

8 innovative government-industry funding, management,

9 and acquisition strategies to minimize the cost and time

10 involved.

11 (f) REQUIREMENT REGARDING MODIFICATION OF

12 EXISTING LAUNCH VEHICLES.—If the Secretary of De13 fense selects the option referred to in paragraph (3) of

14 subsection (b) for full funding under the future years de15 fense plan referred to in subsection (a), the Secretary’s

16 plan shall provide for Department of Defense use of one

17 medium-lift launch vehicle for satellite payloads instead of

18 three medium-lift launch vehicles. The Secretary shall use

19 competitive procedures to select the supplier of medium20 lift launch vehicles.

21 (g) COST REDUCTION REQUIREMENT.—The plan

22 shall provide for reducing the cost of producing existing

23 launch vehicles at current and projected production rates

24 below the current estimates of the costs for such produc25 tion rates.
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1 SEC. 215. MEDICAL COUNTERMEASURES AGAINST

2 BIOWARFARE THREATS.

3 (a) FUNDING.—Of the amounts appropriated pursu4 ant to section 201 for fiscal year 1994, not more than

5 $108,300,000 shall be available for the medical component

6 of the Biological Defense Research Program (BDRP) of

7 the Department of Defense.

8 (b) LIMITATIONS.—(1) Funds appropriated or other9 wise made available for the Department of Defense for

10 fiscal year 1994 may be obligated and expended for prod11 uct development, and for research, development, testing,

12 and evaluation, of medical countermeasures against

13 biowarfare threat agents only in accordance with this sec14 tion.

15 (2) Of the funds made available pursuant to sub16 section (a), not more than $10,000,000 may be obligated

17 or expended for research, development, test, or evaluation

18 of medical countermeasures against far-term validated

19 biowarfare threat agents.

20 (3) Of the funds made available pursuant to sub21 section (a), other than funds made available pursuant to

22 paragraph (2) for the purpose set out in that paragraph—

23 (A) not more than 80 percent may be obligated

24 and expended for product development, or for re25 search, development, test, or evaluation, of medical
45

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1 countermeasures against near-term validated

2 biowarfare threat agents; and

3 (B) not more than 20 percent may be obligated

4 or expended for product development, or for re5 search, development, test, or evaluation, of medical

6 countermeasures against mid-term validated

7 biowarfare threat agents.

8 (c) DEFINITIONS.—In this section, the terms ‘‘vali9 dated biowarfare threat agent’’, ‘‘near-term validated

10 biowarfare threat agent’’, ‘‘mid-term validated biowarfare

11 threat agent’’, and ‘‘far-term validated biowarfare threat

12 agent’’ have the meanings given such terms, respectively,

13 in section 241(c) of the National Defense Authorization

14 Act for Fiscal Year 1993 (Public Law 102–484, 106 Stat.

15 2359).

16 SEC. 216. BASELINE REPORT FOR THE ARROW TACTICAL

17 BALLISTIC MISSILE DEFENSE SYSTEM.

18 (a) BASELINE REPORT REQUIRED.—Not later than

19 April 1, 1994, the Secretary of Defense shall submit to

20 the congressional defense committees a baseline report on

21 the Arrow tactical ballistic missile defense system of Is22 rael. The Secretary shall design the report to provide such

23 committees with the information the committees need to

24 perform their oversight function.
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1 (b) CONTENT OF REPORT.—At a minimum, the re2 port shall include the following matters:

3 (1) The development and procurement sched4 ules for the program.

5 (2) The estimated total cost of the program.

6 (3) The estimated total cost to the United

7 States of involvement in the program, including

8 funding provided through foreign military sales fi9 nancing under the Arms Export Control Act.

10 (4) The same or similar kinds of information

11 that are included for a major defense acquisition

12 program in a Selected Acquisition Report submitted

13 pursuant to section 2432 of title 10, United States

14 Code, to the extent that the Secretary can adapt the

15 information requirements of that section for applica16 tion to the Arrow tactical ballistic missile defense

17 system.

18 (5) An assessment of the performance of the

19 Arrow system.

20 (6) An evaluation of the development and pro21 duction risks under the program.

22 (7) Alternatives to the Arrow system for meet23 ing the tactical ballistic missile defense needs of Is24 rael, including providing Israel with an existing or

25 planned United States weapon system.
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1 (8) For each such alternative—

2 (A) an assessment of the cost effectiveness

3 of undertaking the alternative;

4 (B) the technology transfer implications;

5 and

6 (C) the weapon proliferation implications.

7 (c) FORMS OF REPORT.—The Secretary shall submit

8 the report in classified and unclassified versions.

9 SEC. 217. LIMITATIONS REGARDING FEDERALLY FUNDED

10 RESEARCH AND DEVELOPMENT CENTERS.

11 (a) LIMITATIONS.—(1) Funds appropriated or other12 wise made available for the Department of Defense for

13 fiscal year 1994 pursuant to an authorization of appro14 priations in section 201 may be obligated for procuring

15 work from any federally funded research and development

16 center named in the table in paragraph (2) subject to the

17 limitations set forth for such center in that table.

18 (2) The table referred to in paragraph (1) is as fol19 lows:

Federally funded research and

development

center:

Type of work for which

funds may be obligated:

Maximum

amount that

may be obligated:

Maximum

number of

MTS-years

that may

be procured:

Center for Naval

Analysis. (unspecified) $45,400,000 230

Institute for Defense Analysis.Systems and engineering

in connection with operational test and evaluation.

$13,500,000 76
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Federally funded research and

development

center:

Type of work for which

funds may be obligated:

Maximum

amount that

may be obligated:

Maximum

number of

MTS-years

that may

be procured:

Research and development

in connection with command, control, communications, and intelligence.

$33,500,000 136

Studies and analysis. $56,000,000 300

Rand Project Air

Force.

(unspecified) $24,000,000 116

National Defense

Research Institute.

(unspecified) $23,200,000 115

Arroyo Center. (unspecified) $21,000,000 104

Logistics Management Institute.(unspecified) $25,690,000 96

Aerospace Corporation.(unspecified) $376,770,000 2,165

MIT Lincoln Laboratory.(unspecified) $299,300,000 994

Mitre .................... (unspecified) $399,700,000 2,357

Software Engineering Institute.(unspecified) $34,590,000 190

Institute for Advanced Technology.(unspecified) $0 0

1 (b) AUTHORITY TO WAIVE LIMITATIONS.—The Sec2 retary of Defense may waive a limitation regarding a max3 imum amount or a maximum number of MTS-years that

4 applies under subsection (a) to a federally funded research

5 and development center if—

6 (1) the Secretary has notified the congressional

7 defense committees of the proposed waiver and the

8 reasons for the waiver, and the 60-day period that

9 begins on the date of the notification has elapsed; or

10 (2) the Secretary determines that it is essential

11 to the national security that funds be obligated for

12 work in excess of that limitation within 60 days and
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1 notifies the congressional defense committees of that

2 determination and the reasons for the determination.

3 (c) REPORT ON ALLOCATIONS FOR CENTERS.—Not

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

5 Act, the Secretary of Defense shall submit to the congres6 sional defense committees a report containing the follow7 ing information:

8 (1) The proposed funding level and the esti9 mated personnel level for fiscal year 1994 for each

10 federally funded research and development center.

11 (2) The funding source for that funding level,

12 by program element, and the amount transferred or

13 to be transferred from that source to each federally

14 funded research and development center.

15 (d) LIMITATION PENDING SUBMISSION OF RE16 PORT.—Notwithstanding any other provision of this sec17 tion, no funds appropriated or otherwise made available

18 for the Department of Defense for fiscal year 1994 may

19 be obligated to obtain work from any federally funded re20 search and development center until the Secretary of De21 fense has submitted the report required by subsection (c).

22 (e) LIMITATION REGARDING EMPLOYEE COMPENSA23 TION.—(1) Except as provided in paragraph (2), during

24 fiscal year 1994 no appropriated funds may be used to

25 pay an employee of a federally funded research and devel-
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1 opment center named in the table in subsection (a)(2) at

2 a higher rate of compensation than the rate of compensa3 tion that the center paid such employee during fiscal year

4 1993.

5 (2) The Secretary of Defense may waive the applica6 bility of the limitation in paragraph (1) to any federally

7 funded research and development center that certifies to

8 the Secretary of Defense that the total expenditures of the

9 center for fiscal year 1994, including any increases and

10 planned increases in the rates of compensation for employ11 ees of the center, will be less than the amount equal to

12 94 percent of the maximum amount set forth for such cen13 ter in the table in subsection (a)(2).

14 (f) DEFINITION.—In this section:

15 (1) The term ‘‘MTS-year’’ means a member of

16 technical staff-year, as defined by the Secretary of

17 Defense.

18 (2) The term ‘‘technical staff’’, with respect to

19 a federally funded research and development center,

20 means the following employees of the center:

21 (A) Researchers.

22 (B) Mathematicians.

23 (C) Programmers.

24 (D) Analysts.

25 (E) Economists.
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1 (F) Scientists.

2 (G) Engineers.

3 (H) Other employees of the center who

4 perform professional level technical work pri5 marily in any of the following fields:

6 (i) Studies and analyses.

7 (ii) System engineering and integra8 tion.

9 (iii) Systems planning.

10 (iv) Program and policy planning and

11 analysis.

12 (v) Basic and applied research.

13 (g) FUNDING.—(1) Of the amounts authorized to be

14 appropriated to the Department of Defense for research,

15 development, test, and evaluation for fiscal year 1994 pur16 suant to section 201, not more than $1,352,650,000 may

17 be obligated for procuring services from the federally fund18 ed research and development centers listed in the table

19 in subsection (a)(2).

20 (2) None of the funds authorized to be obligated

21 under paragraph (1) may be obligated for the procurement

22 of services from the Institute for Advanced Technology.

23 (h) UNDISTRIBUTED REDUCTION.—The total

24 amount authorized to be appropriated for research, devel-
52

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1 opment, test, and evaluation in section 201 is hereby re2 duced by $200,000,000.

3 Subtitle C—Missile Defense

4 Programs

5 SEC. 221. REVISION OF THE MISSILE DEFENSE ACT OF 1991.

6 (a) TERMINOLOGY AMENDMENTS.—The Missile De7 fense Act of 1991 (10 U.S.C. 2431 note) is amended—

8 (1) in section 234(c)(1)—

9 (A) by striking out ‘‘Strategic Defense Ini10 tiative Organization (SDIO)’’ and inserting in

11 lieu thereof ‘‘Ballistic Missile Defense Organiza12 tion (BMDO)’’; and

13 (B) by striking out ‘‘Strategic Defense Ini14 tiative Organization’s’’ and inserting in lieu

15 thereof ‘‘Ballistic Missile Defense Organiza16 tion’s’’;

17 (2) in section 235—

18 (A) in the section heading, by striking out

19 ‘‘STRATEGIC DEFENSE INITIATIVE’’ and in20 serting in lieu thereof ‘‘BALLISTIC MISSILE

21 DEFENSE PROGRAM’’; and

22 (B) in the text of such section, by striking

23 out ‘‘Strategic Defense Initiative’’ each place it

24 appears and inserting in lieu thereof ‘‘Ballistic

25 Missile Defense program’’;
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1 (3) in the heading of section 236, by striking

2 out ‘‘SDI’’ and inserting in lieu thereof ‘‘BMD’’; and

3 (4) in sections 234, 235, and 236, by striking

4 out ‘‘Strategic Defense Initiative Organization’’ each

5 place it appears and inserting in lieu thereof ‘‘Ballis6 tic Missile Defense Organization’’.

7 (b) REPEAL OF FUNDING, REPORTING, AND TRANS8 FER PROVISIONS.—(1) Section 237 of such Act is re9 pealed.

10 (2) Such Act is amended by redesignating sections

11 238, 239, and 240 as sections 237, 238, and 239, respec12 tively.

13 SEC. 222. FUNDING OF CERTAIN BALLISTIC MISSILE DE14 FENSE PROGRAMS.

15 (a) FUNDING FOR CERTAIN BALLISTIC MISSILE

16 RDT&E.—If a decision is not made before February 28,

17 1994, to proceed into engineering and manufacturing de18 velopment under a weapon system program referred to in

19 subsection (b), the funds appropriated pursuant to the au20 thorization of appropriations in section 201 that are avail21 able for engineering and manufacturing development for

22 such a program shall be available for research, develop23 ment, test, and evaluation of the Patriot PAC–3 Missile

24 program.
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1 (b) COVERED WEAPON SYSTEM PROGRAMS.—For

2 purposes of subsection (a) the weapon system programs

3 referred to in this subsection are as follows:

4 (1) The Patriot Multimode Missile Program.

5 (2) The Extended Range Interceptor (ERINT)

6 missile program.

7 SEC. 223. REQUIREMENT FOR REVIEW OF BALLISTIC MIS8 SILE DEFENSE SYSTEMS AND COMPONENTS

9 FOR COMPLIANCE WITH ABM TREATY.

10 (a) FINDINGS.—Congress makes the following find11 ings:

12 (1) That section 232(a)(1) of the Missile De13 fense Act of 1991 (10 U.S.C. 2431 note) establishes

14 a goal for the United States to comply with the

15 ABM Treaty (including any protocol or amendment

16 thereto) and not develop, test, or deploy any ballistic

17 missile defense system, or component thereof, in vio18 lation of that treaty (as modified by any protocol or

19 amendment thereto) while deploying an anti-ballistic

20 missile system capable of providing a highly effective

21 defense of the United States against limited attacks

22 of ballistic missiles.

23 (2) That the Department of Defense has con24 ducted no formal compliance reviews of any of the

25 components or systems scheduled for early deploy-
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1 ment as part of either the Theater Missile Defense

2 Initiative or the initial limited defense system to be

3 located at Grand Forks, North Dakota.

4 (3) That the Department of Defense is continu5 ing to obligate hundreds of millions of dollars during

6 fiscal year 1993 for the development and testing of

7 systems or components of ballistic missile defense

8 systems prior to a determination that, if successfully

9 developed, tested, or deployed, those systems and

10 components would be in compliance with the ABM

11 Treaty.

12 (4) That the Department of Defense is request13 ing the authorization and appropriation of additional

14 funds for continued development of such systems

15 and components during fiscal year 1994.

16 (5) That the ABM Treaty is not directed at,

17 nor intended to limit, theater missile defenses that

18 do not have the capability to counter strategic ballis19 tic missiles, and are not tested in an antiballistic

20 missile mode, as required by article VI of the ABM

21 Treaty.

22 (6) That the United States and its allies face

23 existing threats from theater ballistic missiles (such

24 as the Chinese-made CSS–2) that are as capable as

25 some missiles that were categorized as strategic mis-
56

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1 siles for purposes of the SALT I Interim Agreement

2 of 1972.

3 (b) REQUIRED COMPLIANCE REVIEW.—(1) The Sec4 retary of Defense shall review the program for each sys5 tem and system upgrade specified in paragraph (2), and

6 the system components, to determine whether the develop7 ment, testing, and deployment of that system or system

8 upgrade complies with the ABM Treaty.

9 (2) The systems and system upgrades to be reviewed

10 pursuant to paragraph (1) are as follows:

11 (A) The Patriot Multimode Missile.

12 (B) The Extended Range Interceptor (ERINT).

13 (C) The Ground-Based Radar for theater mis14 sile defenses (GBR–T).

15 (D) The Theater High Altitude Area Defense

16 interceptor missile (THAAD).

17 (E) The Brilliant Eyes space-based sensor sys18 tem.

19 (F) Upgrades to the AEGIS/SPY radar system

20 of the Navy.

21 (G) Upgrades to the Standard Missile–2 (SM–

22 2) interceptor of the Navy.

23 (c) REPORT REQUIRED.—(1) For each system and

24 system upgrade specified in paragraph (2) of subsection

25 (b), the Secretary shall submit to the congressional de-
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1 fense committees a report on the results of the review re2 quired by that subsection. A report may include the results

3 of the reviews of more than one system and system up4 grade.

5 (2) With regard to the Brilliant Eyes space-based

6 sensor, the Secretary shall include in the report findings

7 on each of the following issues:

8 (A) Would the current baseline configuration of

9 the Brilliant Eyes space-based sensor comply with

10 the ABM Treaty if the system were used in conjunc11 tion with the planned ground-based radar system

12 and its ground-based interceptors at Grand Forks,

13 North Dakota?

14 (B) If not, can design changes or operational

15 changes be made to the Brilliant Eyes space-based

16 sensor that—

17 (i) will result in the usability of the sensor

18 in conjunction with the planned ground-based

19 radar system and its ground-based interceptors

20 being in compliance with the ABM Treaty; and

21 (ii) will not prevent the system from per22 forming its strategic defense missions with a

23 high degree of effectiveness?

24 (C) If not, can the Brilliant Eyes space-based

25 sensor be made, through design changes or oper-
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1 ational changes, for use only with theater missile de2 fense systems and be in compliance with the ABM

3 Treaty?

4 (D) If so, to what extent would the Brilliant

5 Eyes space-based sensor enhance the capability of

6 upper-tier theater defense systems and lower-tier

7 theater defense systems, respectively?

8 (d) LIMITATIONS ON FUNDING.—(1) Not more than

9 one-half of the funds reported pursuant to section 227(c)

10 to be allocated for fiscal year 1994 for a system or system

11 upgrade specified in subsection (b)(2) of this section may

12 be obligated for that system or system upgrade, or any

13 of its components, until the Secretary has completed the

14 compliance review of such system or system upgrade re15 quired by subsection (b) and has submitted to the congres16 sional defense committees the report on the results of the

17 compliance review of that system or system upgrade as

18 required by subsection (c). The preceding sentence does

19 not apply with respect to the Brilliant Eyes space-based

20 sensor system.

21 (2) Not more than $50,000,000 may be obligated for

22 the Brilliant Eyes space-based sensor until the Secretary

23 has completed the compliance review of such system re24 quired by subsection (b) and has submitted to the congres-
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1 sional defense committees the report required under sub2 section (c) for that system.

3 (e) ABM TREATY COMPLIANCE OF THEATER MIS4 SILE DEFENSE SYSTEMS.—The Secretary of Defense has

5 assured the Congress in the January 1993 Report to Con6 gress on the Strategic Defense Initiative and in the June

7 1993 Report to Congress on the Theater Missile Defense

8 Initiative that all programs, projects, and activities under

9 both initiatives that are planned for execution in fiscal

10 year 1994 fully comply with the ABM Treaty.

11 (f) DEFINITION.—In this section, the term ‘‘ABM

12 Treaty’’ has the meaning given such term in section 239

13 of the Missile Defense Act of 1991 (10 U.S.C. 2431 note).

14 SEC. 224. THEATER MISSILE DEFENSE MASTER PLAN.

15 (a) MASTER PLAN REQUIRED.—(1) Not later than

16 March 1, 1994, the Secretary of Defense shall submit to

17 Congress a report containing an updated master plan for

18 theater missile defenses.

19 (2) The plan shall include the following matters:

20 (A) A description of the mission and scope of

21 theater missile defense.

22 (B) A description of the role of each of the

23 Armed Forces in theater missile defense and an ex24 planation of how those roles interact and com25 plement each other.
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1 (C) An evaluation of the cost and relative effec2 tiveness of each interceptor and sensor under devel3 opment as part of a theater missile defense system

4 by the Ballistic Missile Defense Organization.

5 (D) A detailed acquisition strategy for theater

6 missile defenses, including an analysis and compari7 son of the projected life-cycle costs of each theater

8 missile defense system intended for production,

9 showing the component costs for—

10 (i) research, development, test, and evalua11 tion;

12 (ii) procurement;

13 (iii) operation and maintenance; and

14 (iv) personnel for each system.

15 (E) The baseline production rate for each sys16 tem for each year of the program through comple17 tion of procurement.

18 (F) An estimate of the unit cost and capabili19 ties of each element.

20 (G) A description of the current and planned

21 testing program for theater missile defenses, includ22 ing a description of demonstration targets to be

23 tracked and engaged by multiple interceptors, target

24 discrimination from decoys, and a shoot-look-shoot

25 capability.
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1 (H) A description of how any projected theater

2 missile defense program will conform to existing

3 Anti-Ballistic Missile Treaty and Intermediate Nu4 clear Forces Treaty regimes, indicating clearly any

5 potential noncompliance with either treaty regime,

6 when such noncompliance would occur, and the posi7 tion of the Secretary of Defense as to whether provi8 sions of either treaty regime would have to be re9 negotiated within that regime in order to address fu10 ture contingencies.

11 (I) A description of planned theater missile de12 fense doctrine, training, tactics, and force structure.

13 (b) OBJECTIVES OF PLAN.—In preparing the master

14 plan the Secretary shall—

15 (1) seek to maximize the use of existing tech16 nologies (such as AEGIS, Patriot, and THAAD)

17 rather than develop new systems;

18 (2) seek to maximize integration and compat19 ibility among the systems, roles, and missions of the

20 military departments; and

21 (3) seek to promote cross-service use of existing

22 equipment (such as development of Army equipment

23 for the Marine Corps or ground utilization of an air

24 or sea system).
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1 SEC. 225. EXTENSION OF AUTHORITY FOR TRANSFER OF

2 RESPONSIBILITY FOR FAR-TERM FOLLOW-ON

3 TECHNOLOGIES.

4 Section 234(d)(2) of the National Defense Authoriza5 tion Act for Fiscal Year 1993 (Public Law 102–484; 106

6 Stat. 2357; 10 U.S.C. 2431 note) is amended—

7 (1) in subparagraph (A)—

8 (A) by striking out ‘‘1993’’ and inserting

9 in lieu thereof ‘‘1994’’;

10 (B) by striking out ‘‘(A)’’; and

11 (C) by redesignating clauses (i) and (ii) as

12 subparagraphs (A) and (B), respectively; and

13 (2) by striking out ‘‘(B) For purposes of sub14 paragraph (A),’’ and all that follows.

15 SEC. 226. REPORT ON ACQUISITION STREAMLINING TO AC16 CELERATE DEPLOYMENT OF INITIAL ABM

17 SYSTEM.

18 (a) FINDINGS.—The Congress makes the following

19 findings:

20 (1) The Missile Defense Act of 1991 (10 U.S.C.

21 2431 note) calls for the deployment of an ABM

22 Treaty-compliant anti-ballistic missile system capa23 ble of providing a highly effective defense of the

24 United States against limited attacks by ballistic

25 missiles.
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1 (2) That Act directed the Secretary of Defense

2 to structure a development program with the objec3 tive of deploying such systems by the earliest date

4 allowed by the availability of appropriate technology

5 and the completion of adequate integrated testing of

6 all systems components.

7 (3) Since 1983, in excess of $30,000,000,000

8 has been provided for research and development of

9 ballistic missile defense capabilities.

10 (4) Notwithstanding this huge expenditure of

11 funds on missile defense technologies, the Secretary

12 of Defense has proposed deployment of such a sys13 tem no sooner than 2004.

14 (5) It is incredible that the initial deployment

15 of a limited defense capability requires another 11

16 years to accomplish within the congressionally man17 dated guidance.

18 (b) REVIEW REQUIRED.—The Secretary of Defense

19 shall conduct an intensive and extensive review of opportu20 nities to streamline the weapon systems acquisition proc21 ess applicable to the development, deployment, and testing

22 of ballistic missile defenses with the objective of reducing

23 the cost of deployment and accelerating the schedule for

24 deployment without significantly increasing programmatic

25 risk or concurrency. In conducting the review, the Sec-
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1 retary shall obtain recommendations and advice from the

2 Defense Science Board, the faculty of the Industrial Col3 lege of the Armed Forces, and federally funded research

4 and development centers supporting the Office of the Sec5 retary of Defense.

6 (c) REPORT REQUIRED.—Not later than May 1,

7 1994, the Secretary shall submit to the congressional de8 fense committees a report on his findings resulting from

9 the review together with his recommendations for legisla10 tion, if any. The Secretary shall submit the report in un11 classified form, but may also submit a classified version

12 of the report if he considers it necessary to classify any

13 of the information in his findings or recommendations or

14 any related information.

15 SEC. 227. FUNDING FOR BALLISTIC MISSILE DEFENSE PRO16 GRAMS.

17 (a) TOTAL AMOUNT.—Of the amounts appropriated

18 pursuant to section 201 for fiscal year 1994, or otherwise

19 made available to the Department of Defense for research,

20 development, test and evaluation for fiscal year 1994, not

21 more than $3,084,535,000 may be obligated for programs

22 managed by the Ballistic Missile Defense Organization.

23 (b) FUNDS NOT TO BE MADE AVAILABLE FOR BRIL24 LIANT EYES.—None of the funds authorized to be obli-
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1 gated under subsection (a) may be obligated for the Bril2 liant Eyes space-based sensor program.

3 (c) REPORTING REQUIREMENT.—Not later than 60

4 days after the date of the enactment of this Act, the Sec5 retary of Defense shall submit to the congressional defense

6 committees a report on the allocation of funds appro7 priated for the ballistic missile defense program for fiscal

8 year 1994. The report shall specify the amount of such

9 funds allocated for each program, project, and activity

10 managed by the Ballistic Missile Defense Organization

11 and shall list each ballistic missile defense program,

12 project, and activity under the appropriate program ele13 ment.

14 Subtitle D—Other Matters

15 SEC. 231. NUCLEAR TESTING.

16 (a) LIMITATIONS.—(1) None of the funds appro17 priated pursuant to an authorization in this or any other

18 Act may be obligated to support underground explosions

19 of nuclear weapons or devices for testing of the effects

20 of nuclear weapon explosions, including the so-called

21 ‘‘Mighty Uncle’’ test.

22 (2) Funds available for the so-called ‘‘Mighty Uncle’’

23 test may not be obligated until the Secretary of Defense

24 submits to the congressional defense committees a detailed

25 spending plan for underground nuclear weapon testing
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1 that is consistent with the provisions of section 507 of

2 Public Law 102–377 (106 Stat. 1343).

3 (b) CERTAIN ACTIONS AUTHORIZED.—The Secretary

4 of Defense may proceed with underground nuclear test

5 tunnel deactivation and environmental cleanup and may

6 expend funds for infrastructure activities not prohibited

7 by subsection (a).

8 (c) FUNDING.—Of the funds authorized to be appro9 priated pursuant to section 201, not more than

10 $38,000,000 may be used for activities described in sub11 section (b).

12 (d) TERMINATION OF SAFEGUARD C PROGRAM.—

13 The atmospheric test readiness program known as ‘‘Safe14 guard C’’ is hereby terminated.

15 SEC. 232. ONE-YEAR DELAY IN TRANSFER OF MANAGEMENT

16 RESPONSIBILITY FOR NAVAL MINE COUN17 TERMEASURES PROGRAM TO THE DIRECTOR,

18 DEFENSE RESEARCH AND ENGINEERING.

19 Section 216(a) of the National Defense Authorization

20 for Fiscal Years 1992 and 1993 (Public Law 102–190;

21 105 Stat. 1317) as amended by section 215(l) of the Na22 tional Defense Authorization Act for Fiscal Year 1993

23 (Public Law 102–484; 106 Stat. 2352) is amended by

24 striking out ‘‘fiscal years 1994 through 1997’’ and insert25 ing in lieu thereof ‘‘fiscal years 1995 through 1999’’.
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1 SEC. 233. TERMINATION, REESTABLISHMENT, AND RECON2 STITUTION OF AN ADVISORY COUNCIL ON

3 SEMICONDUCTOR TECHNOLOGY.

4 (a) TERMINATION OF ADVISORY COUNCIL ON FED5 ERAL PARTICIPATION IN SEMATECH.—The Advisory

6 Council on Federal Participation in Sematech established

7 by section 273 of the National Defense Authorization Act

8 for Fiscal Years 1988 and 1989 (15 U.S.C. 4603) is here9 by terminated.

10 (b) SEMICONDUCTOR TECHNOLOGY COUNCIL.—Sec11 tion 273 of the National Defense Authorization Act for

12 Fiscal Years 1988 and 1989 (15 U.S.C. 4603) is amended

13 by striking out the heading and subsections (a) through

14 (c) and inserting in lieu thereof the following:

15 ‘‘SEC. 273. SEMICONDUCTOR TECHNOLOGY COUNCIL.

16 ‘‘(a) ESTABLISHMENT.—There is established the

17 Semiconductor Technology Council.

18 ‘‘(b) PURPOSES AND FUNCTIONS.—(1) The purposes

19 of the Council are—

20 ‘‘(A) to seek ways to respond to the technology

21 challenges for semiconductors by increasing effi22 ciency, promoting creativity and entrepreneurship,

23 and fostering precompetitive cooperation among in24 dustry, government, and academia; and

25 ‘‘(B) to make available judgments, assessments,

26 insights, and recommendations that relate to the op-
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1 portunities for new research and development efforts

2 and the potential to better rationalize and align on

3 a national basis semiconductor research and develop4 ment.

5 ‘‘(2) The Council shall—

6 ‘‘(A) advise Sematech and the Secretary of De7 fense on appropriate technology goals for the re8 search and development activities of Sematech;

9 ‘‘(B) review the technology developments and

10 core technology challenges for semiconductors and

11 explore opportunities for improved coordination

12 among industry, government, and academia;

13 ‘‘(C) exchange views regarding the competitive14 ness of the semiconductor technology base and new

15 or emerging semiconductor technologies that could

16 affect national economic and security interests;

17 ‘‘(D) exchange and update information and

18 identify overlaps and gaps regarding the efforts of

19 industry, government, and academia in semiconduc20 tor research and development;

21 ‘‘(E) assess technology progress relative to the

22 semiconductor technology roadmap;

23 ‘‘(F) make recommendations regarding the

24 scope and content of semiconductor technology de-
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1 velopment supported by Federal departments and

2 agencies;

3 ‘‘(G) appoint subgroups as necessary in connec4 tion with updating and implementing the semi5 conductor technology roadmap; and

6 ‘‘(H) publish an annual report addressing the

7 semiconductor technology challenges and develop8 ments for industry, government, and academia and

9 the relationship among the challenges and develop10 ments for each, with particular emphasis on the role

11 of Sematech.

12 ‘‘(c) MEMBERSHIP.—The Council shall be composed

13 of 14 members as follows:

14 ‘‘(1) The Under Secretary of Defense for Ac15 quisition, who shall be Cochairman of the Council.

16 ‘‘(2) The Under Secretary of Energy respon17 sible for science and technology matters.

18 ‘‘(3) The Under Secretary of Commerce for

19 Technology.

20 ‘‘(4) The Director of the Office of Science and

21 Technology Policy.

22 ‘‘(5) The Assistant to the President for Eco23 nomic Policy.

24 ‘‘(6) The Director of the National Science

25 Foundation.
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1 ‘‘(7) Eight members appointed by the President

2 as follows:

3 ‘‘(A) Four individuals who are eminent in

4 the semiconductor device industry, one of whom

5 shall be Cochairman of the Council.

6 ‘‘(B) Two individuals who are eminent in

7 the semiconductor equipment and materials in8 dustry.

9 ‘‘(C) One individual who is eminent in the

10 semiconductor user industry.

11 ‘‘(D) One individual who is eminent in an

12 academic institution.’’.

13 (c) CONFORMING AMENDMENTS.—Part F of title II

14 of such Act is amended—

15 (1) in section 271(c) (15 U.S.C. 4601(c)), by

16 striking out paragraph (1) and inserting in lieu

17 thereof the following:

18 ‘‘(1) The terms ‘Semiconductor Technology

19 Council’ and ‘Council’ mean the advisory council es20 tablished by section 273.’’;

21 (2) in section 272(b)(1)(B) (15 U.S.C.

22 4602(b)(1)(B)), by striking out ‘‘Advisory Council

23 on Federal Participation in Sematech’’ and inserting

24 in lieu thereof ‘‘Semiconductor Technology Council’’;

25 and
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1 (3) in section 273 (15 U.S.C. 4603)—

2 (A) in the first sentence of subsection

3 (d)—

4 (i) by striking out ‘‘(c)(6)’’ and insert5 ing in lieu thereof ‘‘(c)(7)’’; and

6 (ii) by striking out ‘‘two shall be ap7 pointed for a term of two years’’ and in8 serting in lieu thereof ‘‘three shall be ap9 pointed for a term of two years’’;

10 (B) in the first sentence of subsection (e),

11 by striking out ‘‘(c)(6)’’ and inserting in lieu

12 thereof ‘‘(c)(7)’’; and

13 (C) in subsection (f), by striking out

14 ‘‘Seven members’’ and inserting in lieu thereof

15 ‘‘Nine members’’.

16 (d) AUTHORITY TO CALL MEETING.—Section 273(g)

17 of such Act (15 U.S.C. 4603(g)) is amended by striking

18 out ‘‘the Chairman or a majority of its members’’ and in19 serting in lieu thereof ‘‘a Cochairman’’.

20 (e) SOURCE OF SUPPORT FOR SEMATECH.—Section

21 273 of such Act (22 U.S.C. 4603) is amended by adding

22 at the end the following new subsection:

23 ‘‘(j) SUPPORT FOR COUNCIL.—The Council shall uti24 lize Sematech as needed for general and administrative

25 support in accomplishing the Council’s purposes.’’.
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1 (f) FIRST MEETING OF NEW COUNCIL.—The first

2 meeting of the Semiconductor Technology Council shall be

3 held not later than 45 days after the date of the enactment

4 of this Act.

5 (g) REFERENCE TO COUNCIL.—A reference in any

6 provision of law to the Advisory Council on Federal Par7 ticipation in Sematech shall be deemed to refer to the

8 Semiconductor Technology Council established by section

9 273 of the National Defense Authorization Act for Fiscal

10 Years 1988 and 1989, as amended by subsection (b).

11 SEC. 234. AUTHORITY TO ACQUIRE NAVY LARGE CAVITA12 TION CHANNEL, MEMPHIS, TENNESSEE.

13 (a) AUTHORITY TO ACQUIRE.—The Secretary of the

14 Navy may acquire all right, title, and interest of any party

15 in and to a parcel of real property, including improve16 ments thereon, consisting of approximately 88 acres and

17 located on President’s Island, Memphis, Tennessee, the

18 site of the Navy Large Cavitation Channel.

19 (b) FUNDING.—Amounts appropriated pursuant to

20 section 201(2) for the Navy shall be available for the ac21 quisition of real property authorized under subsection (a).

22 (c) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the real property to be acquired

24 under subsection (a) shall be determined by a survey that

25 is satisfactory to the Secretary.
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1 (d) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary may require any additional terms and conditions

3 in connection with the acquisition under subsection (a)

4 that the Secretary considers appropriate to protect the in5 terests of the United States.

6 SEC. 235. STRATEGIC ENVIRONMENTAL RESEARCH COUN7 CIL.

8 (a) MEMBERSHIP.—Section 2902(b) of title 10,

9 United States Code, is amended—

10 (1) by striking out paragraph (1);

11 (2) by redesignating paragraphs (2), (3), and

12 (4), as paragraphs (1), (2), and (3), respectively;

13 (3) by inserting after paragraph (3), as so re14 designated, the following new paragraph (4):

15 ‘‘(4) The Deputy Under Secretary of Defense

16 responsible for environmental security.’’; and

17 (4) by striking out paragraph (6) and inserting

18 in lieu thereof the following new paragraph (6):

19 ‘‘(6) The Assistant Secretary of Energy respon20 sible for environmental restoration and waste man21 agement.’’.

22 (b) EXTENSION OF AUTHORITY TO ESTABLISH EM23 PLOYEE PAY RATES.—Section 2903(d)(2) of title 10,

24 United States Code, is amended by striking out ‘‘Novem-
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1 ber 5, 1992’’ and inserting in lieu thereof ‘‘September 30,

2 1995’’.

3 TITLE III—OPERATION AND

4 MAINTENANCE

5 Subtitle A—Authorization of Appropriations

6 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1994 for the use of the Armed Forces and other

9 activities and agencies of the Department of Defense for

10 expenses, not otherwise provided for, for operation and

11 maintenance in amounts as follows:

12 (1) For the Army, $15,074,036,000.

13 (2) For the Navy, $18,961,792,000.

14 (3) For the Marine Corps, $1,750,489,000.

15 (4) For the Air Force, $18,512,246,000.

16 (5) For Defense Agencies $9,523,283,000.

17 (6) For the Defense Health Program,

18 $9,303,447,000.

19 (7) For the Army Reserve, $1,096,190,000.

20 (8) For the Naval Reserve, $782,800,000.

21 (9) For the Marine Corps Reserve,

22 $83,100,000.

23 (10) For the Air Force Reserve,

24 $1,356,078,000.
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1 (11) For the Army National Guard,

2 $2,216,944,000.

3 (12) For the Air National Guard,

4 $2,717,733,000.

5 (13) For the National Board for the Promotion

6 of Rifle Practice, $2,483,000.

7 (14) For the Defense Inspector General,

8 $127,001,000.

9 (15) For Drug Interdiction and Counter-Drug

10 Activities, Defense-wide, $1,168,200,000.

11 (16) For the Court of Military Appeals,

12 $6,055,000.

13 (17) For Environmental Restoration, Defense,

14 $2,369,400,000.

15 (18) For the Global Cooperative Initiatives

16 Fund established in section 405(a) of title 10, Unit17 ed States Code (as added by section 1044 of this

18 Act), including humanitarian assistance in accord19 ance with section 2551 of title 10, United States

20 Code, $448,000,000.

21 (19) For support for the 1996 Summer Olym22 pics, $2,000,000.

23 (20) For support for the 1994 World Cup

24 Games, $12,000,000.
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1 (21) For Former Soviet Union Threat Reduc2 tion, $400,000,000.

3 SEC. 302. WORKING CAPITAL FUNDS.

4 There is hereby authorized to be appropriated for fis5 cal year 1994 for the use of the Armed Forces and other

6 activities and agencies of the Department of Defense for

7 providing capital for the Defense Business Operations

8 Fund, $1,161,095,000.

9 SEC. 303. FUNDING NATIONAL DEFENSE STRATEGIC LIFT

10 REQUIREMENTS.

11 (a) RENAMING FUND.—Section 2218 of title 10,

12 United States Code, is amended—

13 (1) by striking out the section heading and in14 serting in lieu thereof the following:

15 ‘‘§ 2218. National Defense Strategic Lift Fund’’;

16 and

17 (2) by striking out ‘‘National Defense Strategic

18 Sealift Fund’’ each time it appears and inserting in

19 lieu thereof ‘‘National Defense Strategic Lift Fund’’.

20 (b) FUND PURPOSES.—Subsection (c)(1) of such sec21 tion is amended—

22 (1) by striking out ‘‘and’’ at the end of sub23 paragraph (C);
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1 (2) by striking out the period at the end of sub2 paragraph (D) and inserting in lieu thereof ‘‘; and’’;

3 and

4 (3) by adding at the end the following new sub5 paragraph:

6 ‘‘(E) construction, purchase, alteration, and

7 conversion of Department of Defense strategic airlift

8 aircraft.’’.

9 (c) DEPOSITS IN THE FUND.—Subsection (d)(1) of

10 such section is amended—

11 (1) by striking out ‘‘and’’ at the end of sub12 paragraph (C);‘‘

13 (2) by striking out the period at the end of sub14 paragraph (D) and inserting in lieu thereof ‘‘; and’’;

15 and

16 (3) by adding at the end the following new sub17 paragraph:

18 ‘‘(E) construction, purchase, alteration,

19 and conversion of Department of Defense stra20 tegic airlift aircraft.’’.

21 (d) CONTENT OF BUDGET REQUESTS.—Subsection

22 (h) of such section is amended—

23 (1) by striking out ‘‘and’’ at the end of para24 graph (3);
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1 (2) by striking out the period at the end of

2 paragraph (4) and inserting in lieu thereof ‘‘; and’’;

3 and

4 (3) by adding at the end the following new

5 paragraph:

6 ‘‘(5) the amount requested for programs,

7 projects, and activities for construction, purchase,

8 alteration, and conversion of Department of Defense

9 strategic airlift aircraft.’’.

10 (e) STRATEGIC AIRLIFT AIRCRAFT DEFINED.—Sub11 section (k) of such section is amended by adding at the

12 end the following new paragraph:

13 ‘‘(4) The term ‘strategic airlift aircraft’ means

14 any cargo aircraft owned, operated, controlled, or

15 chartered by the Department of Defense that has

16 intercontinental range.’’.

17 (f) AUTHORIZATION OF APPROPRIATIONS.—Funds

18 are hereby authorized to be appropriated for fiscal year

19 1994 for the use of the Department of Defense for the

20 National Defense Strategic Lift Fund in the amount of

21 $2,669,100,000.

22 SEC. 304. ARMED FORCES RETIREMENT HOME.

23 There is hereby authorized to be appropriated for fis24 cal year 1994 from the Armed Forces Retirement Home

25 Trust Fund the sum of $61,918,000 for the operation of
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1 the Armed Forces Retirement Home, including the United

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

3 SEC. 305. NATIONAL SECURITY EDUCATION TRUST FUND

4 OBLIGATIONS.

5 During fiscal year 1994, $24,000,000 is authorized

6 to be obligated from the National Security Education

7 Trust Fund established by section 804(a) of the David L.

8 Boren National Security Education Act of 1991 (Public

9 Law 102–183; 50 U.S.C. 1904(a)).

10 SEC. 306. TRANSFER AUTHORITY.

11 (a) AUTHORITY.—The Secretary of Defense, to the

12 extent provided in appropriations Acts, may transfer funds

13 as provided in this section during fiscal year 1994. Funds

14 so transferred are in addition to the funds authorized to

15 be appropriated in section 301.

16 (b) FROM THE DEFENSE BUSINESS OPERATIONS

17 FUND.—(1) Subject to paragraph (2), not more than

18 $3,035,300,000 may be transferred from the Defense

19 Business Operations Fund to appropriations for oper20 ations and maintenance for fiscal year 1994 in amounts

21 as follows:

22 (A) For the Army, $880,200,000.

23 (B) For the Navy, $1,092,700,000.

24 (C) For the Marine Corps, $121,000,000.

25 (D) For the Air Force, $941,400,000.
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1 (2) Amounts may be transferred under this sub2 section only to the extent that the Fund contains cash bal3 ances sufficient for such transfers.

4 (c) FROM THE NATIONAL DEFENSE STOCKPILE

5 TRANSACTION FUND.—Not more than $500,000,000 may

6 be transferred from the National Defense Stockpile Trans7 action Fund to appropriations for operation and mainte8 nance for fiscal year 1994 in amounts as follows:

9 (1) For the Army, $150,000,000.

10 (2) For the Navy, $150,000,000.

11 (3) For the Air Force, $200,000,000.

12 (d) TREATMENT OF TRANSFERS.—Amounts trans13 ferred under this section—

14 (1) shall be merged with and be available for

15 the same purposes and the same period as the

16 amounts in the accounts to which transferred;

17 (2) shall be deemed to increase the amount au18 thorized to be appropriated for the account to which

19 the amount is transferred by an amount equal to the

20 amount transferred; and

21 (3) may not be expended for an item that has

22 been denied authorization of appropriations by Con23 gress.

24 (e) RELATIONSHIP TO OTHER TRANSFER AUTHOR25 ITY.—An increase under subsection (d)(2) in an amount
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1 authorized to be appropriated is in addition to an increase

2 in that amount that results from a transfer of an author3 ization of appropriations pursuant to section 1001.

4 (f) RELATIONSHIP TO APPROPRIATED FUNDS.—

5 Funds made available by transfer under this section shall

6 be in addition to funds made available pursuant to an au7 thorization of appropriations in section 301.

8 Subtitle B—Defense Business Operations

9 Fund

10 SEC. 311. EXTENSION OF AUTHORITY FOR USE OF THE DE11 FENSE BUSINESS OPERATIONS FUND.

12 Section 316(a) of the National Defense Authorization

13 Act for Fiscal Years 1992 and 1993 (Public Law 102–

14 190; 10 U.S.C. 2208 note) is amended by striking out

15 ‘‘April 15, 1994’’ and inserting in lieu thereof ‘‘December

16 31, 1994’’.

17 SEC. 312. IMPLEMENTATION OF THE DEFENSE BUSINESS

18 OPERATIONS FUND.

19 Section 316 of the National Defense Authorization

20 Act for Fiscal Years 1992 and 1993 (Public Law 102–

21 190; 10 U.S.C. 2208 note) is amended by striking out sub22 sections (d), (e), and (f) and inserting in lieu thereof the

23 following new subsections:

24 ‘‘(d) COMPREHENSIVE MANAGEMENT PLAN.—(1)

25 Not later than 30 days after the date of the enactment
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1 of the National Defense Authorization Act for Fiscal Year

2 1994, the Secretary of Defense shall submit to the con3 gressional defense committees a comprehensive manage4 ment plan for the Defense Business Operations Fund. The

5 Secretary shall identify in the plan the actions the Depart6 ment of Defense will take to improve the implementation

7 and operation of the Defense Business Operations Fund.

8 ‘‘(2)(A) The plan should also include the following

9 matters:

10 ‘‘(i) The specific tasks to be performed to ad11 dress the serious shortcomings that exist in the

12 Fund’s implementation and operation.

13 ‘‘(ii) Milestones for starting and completing

14 each task.

15 ‘‘(iii) A statement of the resources needed to

16 complete each task.

17 ‘‘(iv) The specific organizations within the De18 partment of Defense that are responsible for accom19 plishing each task.

20 ‘‘(v) Department of Defense plans to monitor

21 the implementation of all corrective actions.

22 ‘‘(B) The plan should also address the following spe23 cific areas:

24 ‘‘(i) The management and organizational struc25 ture of the Fund.
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1 ‘‘(ii) The development and implementation of

2 the policies and procedures, including internal con3 trols, applicable to the Fund.

4 ‘‘(iii) Management reporting, including financial

5 and operational reporting.

6 ‘‘(iv) Accuracy and reliability of cost accounting

7 data.

8 ‘‘(v) Development and use of performance indi9 cators to measure the efficiency and effectiveness of

10 Fund operations.

11 ‘‘(vi) The status of efforts to develop and imple12 ment new financial systems for the Fund.

13 ‘‘(e) PROGRESS REPORT ON IMPLEMENTATION.—Not

14 later than February 1, 1994, the Secretary of Defense

15 shall submit to the Congress a report on the progress

16 made in implementing the comprehensive management

17 plan required by subsection (d). The report should de18 scribe the progress made in reaching the milestones estab19 lished in the plan and provide an explanation for the fail20 ure to meet any of the milestones. The Secretary shall sub21 mit a copy of the report to the Comptroller General of

22 the United States at the same time that he submits the

23 report to Congress.

24 ‘‘(f) RESPONSIBILITIES OF THE COMPTROLLER GEN25 ERAL.—(1) The Comptroller General of the United States
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1 shall monitor and evaluate the progress of the Department

2 of Defense in developing and implementing the com3 prehensive management plan required by subsection (d).

4 ‘‘(2) Not later than March 1, 1994, the Comptroller

5 General shall submit to the Congress a report containing

6 the following:

7 ‘‘(A) The findings and conclusions of the Comp8 troller General resulting from the monitoring and

9 evaluation conducted under paragraph (1).

10 ‘‘(B) An evaluation of the progress report sub11 mitted to Congress by the Secretary of Defense pur12 suant to subsection (e).

13 ‘‘(C) Any recommendations for legislation or

14 administrative action concerning the Fund that the

15 Comptroller General considers appropriate.’’.

16 SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE DE17 FENSE BUSINESS OPERATIONS FUND.

18 (a) LIMITATION.—(1) The Secretary of Defense may

19 not incur obligations against the supply management divi20 sions of the Defense Business Operations Fund of the De21 partment of Defense during fiscal year 1994 in a total

22 amount in excess of 65 percent of the total amount derived

23 from sales from such divisions during that fiscal year.

24 (2) For purposes of determining the amount of obli25 gations incurred against, and sales from, such divisions
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1 during fiscal year 1994, the Secretary shall exclude obliga2 tions and sales for fuel, commissary and subsistence items,

3 retail operations, repair of equipment, and the cost of op4 erations.

5 (b) EXCEPTION.—The Secretary of Defense may

6 waive the limitation described in subsection (a) if the Sec7 retary determines that such waiver is necessary in order

8 to maintain the readiness and combat effectiveness of the

9 Armed Forces. The Secretary shall immediately notify

10 Congress of any such waiver and the reasons for such

11 waiver.

12 Subtitle C—Environmental Provisions

13 SEC. 321. AUTHORITY FOR MILITARY DEPARTMENTS TO

14 PARTICIPATE IN WATER CONSERVATION

15 PROGRAMS.

16 (a) AUTHORITY.—Chapter 169 of title 10, United

17 States Code, is amended by adding at the end the follow18 ing:

19 ‘‘§ 2866. Water conservation at military installations

20 ‘‘(a) WATER CONSERVATION ACTIVITIES.—(1) The

21 Secretary of Defense shall permit and encourage each

22 military department, Defense Agency, and other instru23 mentality of the Department of Defense to participate in

24 programs conducted by any water utility for the manage25 ment of water or for water conservation.
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1 ‘‘(2) The Secretary of Defense may authorize any

2 military installation to accept any financial incentive (in3 cluding an agreement to reduce the amount of a future

4 water bill), goods, or services generally available from a

5 water utility to adopt technologies and practices that the

6 Secretary determines are cost effective for the Federal

7 Government.

8 ‘‘(3) Subject to paragraph (4), the Secretary of De9 fense may authorize the Secretary of a military depart10 ment having jurisdiction over a military installation to

11 enter into agreements with water utilities to design and

12 implement cost-effective demand and conservation incen13 tive programs (including water management services, fa14 cilities, alterations, and the installation and maintenance

15 of water saving devices and technologies by the utilities)

16 to address the requirements and circumstances of the in17 stallation.

18 ‘‘(4)(A) If an agreement under paragraph (3) pro19 vides for the utility to advance financing costs for the de20 sign or implementation of a program referred to in that

21 paragraph to be repayed by the United States, the cost

22 of such advance may be recovered by the utility under

23 terms no less favorable than those applicable to its most

24 favored customer.
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1 ‘‘(B) Subject to the availability of appropriations, re2 payment of costs advanced under subparagraph (A) shall

3 be made from funds available to a military department

4 for the purchase of utility services.

5 ‘‘(C) An agreement under paragraph (3) shall provide

6 that title to any water-saving device or technology installed

7 at a military installation pursuant to the agreement shall

8 vest in the United States. Such title may vest at such time

9 during the term of the agreement, or upon expiration of

10 the agreement, as determined to be in the best interests

11 of the United States.

12 ‘‘(b) USE OF WATER COST SAVINGS.—Water cost

13 savings realized under this section shall be utilized in ac14 cordance with section 2865(b) of this title.

15 ‘‘(c) WATER CONSERVATION CONSTRUCTION

16 PROJECTS.—(1) The Secretary of Defense may carry out

17 a military construction project for water conservation, not

18 previously authorized, using funds appropriated or other19 wise made available for water conservation.

20 ‘‘(2) Section 2865(e)(2) of this title shall apply to a

21 project to be carried out under the authority of paragraph

22 (1).

23 ‘‘(d) DEFINITION.—In this section, the term ‘water

24 utility’ means any publicly or privately owned entity (in25 cluding a municipal or regional authority or water district)
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1 that delivers potable water to a military installation

2 through a transmission or distribution system.’’.

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

4 at the beginning of such chapter is amended by adding

5 at the end the following:

‘‘2866. Water conservation at military installations.’’.

6 SEC. 322. CLARIFICATION OF AUTHORITY FOR ENERGY

7 CONSERVATION PROGRAMS AT MILITARY IN8 STALLATIONS.

9 (a) USE OF SAVINGS.—Subsection (b)(2) of section

10 2865 of title 10, United States Code, is amended to read

11 as follows:

12 ‘‘(2) Of the total amount that remains available for

13 obligation under paragraph (1) and section 2866(b) of this

14 title—

15 ‘‘(A) one-half of such amount shall be used for

16 the implementation of additional energy conservation

17 measures and for water conservation activities at

18 such buildings, facilities, or installations of the De19 partment of Defense as may be designated (in ac20 cordance with regulations which the Secretary of De21 fense shall prescribe) by the head of the department,

22 agency, or instrumentality that realized the savings

23 referred to in paragraph (1) or referred to in section

24 2866(b) of this title; and
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1 ‘‘(B) one-half of such amount shall be allocated

2 among the installations that realized such savings in

3 the same proportions as such savings were realized

4 at such installations and the amount so allocated to

5 an installation shall be utilized at such installation

6 for—

7 ‘‘(i) improvements to existing military fam8 ily housing units;

9 ‘‘(ii) any unspecified minor construction

10 project that will enhance the quality of life of

11 personnel; or

12 ‘‘(iii) any morale, welfare, or recreation fa13 cility or service.’’.

14 (b) COVERED UTILITIES.—Subsection (d) of such

15 section 2865 is amended by adding at the end the follow16 ing:

17 ‘‘(5) In this subsection, the terms ‘gas utility’ and

18 ‘electric utility’ mean any publicly or privately owned en19 tity (including a municipal or regional authority or Fed20 eral power marketing agency) that deliver natural gas or

21 electricity, respectively, to a military installation through

22 a transmission or distribution system.’’.
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1 SEC. 323. CLARIFICATION OF FUNDING FOR ENVIRON2 MENTAL RESTORATION ACTIVITIES AT IN3 STALLATIONS TO BE CLOSED OR REALIGNED.

4 Section 2906(e) of the Defense Base Closure and Re5 alignment Act of 1990 (part A of title XXIX of Public

6 Law 101–510; 10 U.S.C. 2687 note) is amended—

7 (1) by inserting ‘‘(1)’’ before ‘‘Except for’’;

8 (2) in paragraph (1), as so designated, by in9 serting ‘‘and except as provided in paragraph (2)’’

10 in the first sentence after ‘‘subsection (a)’’; and

11 (3) by adding at the end the following:

12 ‘‘(2) Funds in the Defense Environmental Restora13 tion Account established under section 2703(a) of title 10,

14 United States Code, may be used for obligations incurred

15 for purposes described in section 2905(a)(1)(C)—

16 ‘‘(A) in fiscal year 1994 for installations ap17 proved for closure or realignment under this part in

18 1993; and

19 ‘‘(B) in fiscal year 1996 for installations ap20 proved for closure or realignment under this part in

21 1995.’’.
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1 SEC. 324. ANNUAL REPORT ON ENVIRONMENTAL RESTORA2 TION ACTIVITIES OF THE DEPARTMENT OF

3 DEFENSE.

4 (a) REPORT ON IMPLEMENTATION OF PROGRAMS.—

5 Paragraph (2) of section 2706(a) of title 10, United

6 States Code, is amended—

7 (1) by redesignating subparagraph (D) as sub8 paragraph (E);

9 (2) by striking out subparagraph (C) and in10 serting in lieu thereof the following new subpara11 graphs (C) and (D):

12 ‘‘(C) The estimated cost of carrying out re13 sponse actions at each facility on the National Prior14 ities List for each of the 5 fiscal years following the

15 fiscal year in which the report is submitted.

16 ‘‘(D) The costs incurred for response actions at

17 each facility on the National Priorities List during

18 the fiscal year preceding the fiscal year in which the

19 report is filed.’’; and

20 (3) by adding at the end the following:

21 ‘‘(F) The estimated cost of carrying out re22 sponse actions at facilities other than facilities on

23 the National Priorities List for each of the 5 fiscal

24 years following the fiscal year in which the report is

25 submitted.’’.
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1 (b) TIMING OF REPORT.—Such section 2706(a) is

2 further amended by adding at the end the following:

3 ‘‘(3) The Secretary shall submit the annual report re4 quired under this subsection no later than April 15 of each

5 year.’’.

6 SEC. 325. EXTENSION OF PERIOD OF APPLICABILITY OF RE7 QUIREMENT FOR REIMBURSEMENT OF THE

8 FEDERAL GOVERNMENT FOR CERTAIN LI9 ABILITIES ARISING UNDER CONTRACTS RE10 LATING TO HAZARDOUS WASTE.

11 Section 2708(b)(1) of title 10, United States Code,

12 by striking out ‘‘and 1993’’ and inserting in lieu thereof

13 ‘‘through 1996’’.

14 SEC. 326. PROHIBITION ON THE PURCHASE OF SURETY

15 BONDS AND OTHER GUARANTIES FOR THE

16 DEPARTMENT OF DEFENSE.

17 No funds appropriated or otherwise made available

18 to the Department of Defense for fiscal year 1994 may

19 be obligated or expended for the purchase of surety bonds

20 or other guaranties of financial responsibility in order to

21 guarantee the performance of any direct function of the

22 Department of Defense.
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1 SEC. 327. CLARIFICATION OF SCOPE OF INDEMNIFICATION

2 OF TRANSFEREES OF CLOSING DEFENSE

3 PROPERTY.

4 (a) INDEMNIFICATION FOR PETROLEUM PROD5 UCTS.—Subsection (a)(1) of section 330 of the National

6 Defense Authorization Act for Fiscal Year 1993 (Public

7 Law 102–484; 10 U.S.C. 2687 note) is amended by strik8 ing out ‘‘or pollutant or contaminant’’ and inserting in

9 lieu thereof ‘‘, pollutant or contaminant, any petroleum

10 product, or any other derivative of petroleum’’.

11 (b) ACTIVITIES SUBJECT TO INDEMNIFICATION.—

12 Such subsection (a)(1) is further amended by inserting

13 ‘‘(including defense activities carried out by a contractor

14 or subcontractor under a contract with the Department

15 of Defense or a military department)’’ after ‘‘Department

16 of Defense activities’’.

17 (c) STATE OWNERSHIP OR CONTROL.—Subsection

18 (a)(2)(A) of such section is amended by inserting ‘‘(includ19 ing a leasehold interest)’’ after ‘‘or control’’.

20 (d) RELATIONSHIP TO OTHER AUTHORITIES.—Sub21 section (e) of such section is amended—

22 (1) by striking out ‘‘RELATIONSHIP TO OTHER

23 LAW.—’’ and inserting in lieu thereof ‘‘RELATION24 SHIP TO EXISTING LAW AND CONTRACTS.—’’; and

25 (2) by striking out ‘‘in any way’’ and inserting

26 in lieu thereof ‘‘in any way—
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1 ‘‘(1) section 120(h) of the Comprehensive

2 Environmental Response, Compensation, and

3 Liability Act of 1980 (42 U.S.C. 9620(h)), any

4 other provision of law, or any regulation; or

5 ‘‘(2) any provision of a contract of the De6 partment of Defense or a military department,

7 or any provision of a subcontract under such a

8 contract, that provides the Department of De9 fense or the military department with a right of

10 contribution against the contractor or sub11 contractor, as the case may be.’’.

12 Subtitle D—Other Matters

13 SEC. 331. REPEAL OF AN EXCEPTION TO A LIMITATION ON

14 THE PERFORMANCE OF DEPOT-LEVEL MAIN15 TENANCE OF MATERIEL.

16 Section 2466(a) of title 10, United States Code, is

17 amended—

18 (1) by striking out paragraph (2); and

19 (2) in paragraph (1), by striking out ‘‘(1) Ex20 cept as provided in paragraph (2), the’’ and insert21 ing in lieu thereof ‘‘The’’.

22 SEC. 332. MAINTENANCE AND REPAIR OF PACIFIC BATTLE

23 MONUMENTS.

24 (a) AUTHORITY.—The Commandant of the Marine

25 Corps may perform necessary minor maintenance and re-
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1 pairs of Pacific battle monuments until, by agreement be2 tween the Commandant and the Secretary of the American

3 Battle Monuments Commission, the American Battle

4 Monuments Commission undertakes the responsibility for

5 maintenance and repair of such battle monuments.

6 (b) FUNDING.—(1) In each fiscal year that the Com7 mandant performs maintenance and repair activities pur8 suant to the authority in subsection (a), the Commandant

9 may expend for such activities not more than $15,000 of

10 the amount made available to the Marine Corps for such

11 fiscal year for operation and maintenance.

12 (2) Of the amounts available to the Marine Corps for

13 fiscal year 1993 for operation and maintenance, $150,000

14 may, to the extent provided in appropriations Acts, be

15 made available for the repair and relocation of a monu16 ment located on Iwo Jima that commemorates the sac17 rifice of American military personnel during World War

18 II.

19 (c) DEFINITION.—In this section, the term ‘‘Pacific

20 battle monument’’ means a monument on an island in the

21 Pacific Ocean that commemorates combat actions of any

22 of the Armed Forces.
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1 SEC. 333. PURCHASE OF ITEMS NOT EXCEEDING $100,000.

2 Funds appropriated pursuant to the authorization of

3 appropriations in section 301 may be used to purchase

4 items not exceeding $100,000 for each item.

5 SEC. 334. EXTENSION OF AUTHORITY FOR AVIATION DE6 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

7 DEFENSE-RELATED PRODUCTION AND SERV8 ICES.

9 Section 1425(e) of the National Defense Authoriza10 tion Act for Fiscal Year 1991 (Public Law 101–510) is

11 amended by striking out ‘‘September 30, 1993’’ and in12 serting in lieu thereof ‘‘September 30, 1994’’.

13 SEC. 335. CONTRACTS TO PERFORM WORKLOADS PRE14 VIOUSLY PERFORMED BY DEPOT-LEVEL AC15 TIVITIES OF THE DEPARTMENT OF DEFENSE.

16 Section 2469 of title 10, United States Code, is

17 amended—

18 (1) by inserting ‘‘(a) REQUIREMENT FOR COM19 PETITION.—’’ before ‘‘The Secretary of Defense’’;

20 (2) by striking out ‘‘threshold’’;

21 (3) by striking out ‘‘unless’’ and all that follows

22 and inserting in lieu thereof ‘‘to performance by a

23 contractor unless the Secretary uses competitive pro24 cedures for the selection of the contractor to perform

25 such workload.’’; and
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1 (4) by adding at the end the following new sub2 section:

3 ‘‘(b) INAPPLICABILITY OF OMB CIRCULAR A–76.—

4 Office of Management and Budget Circular A–76 does not

5 apply to a performance change to which subsection (a) ap6 plies.’’.

7 SEC. 336. PROMOTION OF CIVILIAN MARKSMANSHIP.

8 Section 4308(c) of title 10, United States Code, is

9 amended by adding at the end the following: ‘‘Notwith10 standing any other provision of law, such amounts shall

11 remain available until expended.’’.

12 SEC. 337. AMENDMENTS REGARDING PILOT PROGRAM TO

13 USE NATIONAL GUARD PERSONNEL IN MEDI14 CALLY UNDERSERVED COMMUNITIES.

15 (a) AGREEMENT WITH DISTRICT OF COLUMBIA.—

16 Section 376 of the National Defense Authorization Act for

17 Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2386;

18 32 U.S.C. 501 note) is amended by adding at the end of

19 subsection (a) the following: ‘‘In the case of an agreement

20 with the District of Columbia, the agreement shall be with

21 the commanding general of the District of Columbia Na22 tional Guard.’’.

23 (b) NATIONAL GUARD TRAINING AUTHORIZED TO

24 INCLUDE THE PROVISION OF HEALTH CARE.—Section

25 376 of such Act is amended by striking out subsection
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1 (b) and inserting in lieu thereof the following new sub2 section (b):

3 ‘‘(b) TRAINING AUTHORIZED TO INCLUDE PROVI4 SION OF HEALTH CARE.—Training conducted pursuant to

5 section 270 of title 10, United States Code, and section

6 502 of title 32, United States Code, may include, as an

7 activity conducted in the course of and incident to required

8 or additional National Guard training, the provision of

9 health care under an agreement entered into pursuant to

10 subsection (a).’’.

11 (c) FUNDING, SAVINGS, AND DEFINITION PROVI12 SIONS.—Section 376 of such Act is amended—

13 (1) by redesignating subsection (f) as sub14 section (i); and

15 (2) by inserting after subsection (e) the follow16 ing new subsections:

17 ‘‘(f) FUNDING AND USE OF OTHER RESOURCES.—

18 Funds appropriated for operation and maintenance of the

19 National Guard may be used for supplies and equipment

20 necessary for the provision of health care to medically un21 derserved communities under an agreement entered into

22 pursuant to subsection (a). Supplies and equipment fur23 nished by a State, a department or agency of the Federal

24 Government, or any private organization or individual may