II

Calendar No. 478

103D CONGRESS

2D SESSION S. 2208

To authorize appropriations for fiscal year 1995 for military activities of

the Department of Defense, to prescribe personnel strengths for such

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

IN THE SENATE OF THE UNITED STATES

JUNE 20 (legislative day, JUNE 7), 1994

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 1995 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Defense

5 Authorization Act for Fiscal Year 1995’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Chemical demilitarization program.

Subtitle B—Army Programs

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

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

Sec. 113. Replacement surveillance system for Korea.

Sec. 114. Small arms industrial base.

Subtitle C—Navy Programs

Sec. 121. Nuclear aircraft carrier program.

Subtitle D—Air Force Programs

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

Subtitle E—Other Matters

Sec. 141. Preserving the bomber industrial base.

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Strategic environmental research and development program.

Subtitle B—Programs Requirements, Restrictions, and

Limitations

Sec. 211. Tactical antisatellite technologies program.

Sec. 212. Transfer of MILSTAR communications satellite program.

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

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

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

Sec. 216. Federally funded research and development centers.

Subtitle C—Missile Defense Programs
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Sec. 221. Compliance of ballistic missile defense systems and components with

ABM treaty.

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

Sec. 223. Limitation.

Subtitle D—Defense Conversion, Reinvestment, and Transition

Assistance Matters

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

1995.

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

participation in technology reinvestment projects.

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

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

the technology and industrial base.

Subtitle E—Other Matters

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

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

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

Technology Council to Congress.

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

littoral warfare.

Sec. 245. LANSCE/LAMPF upgrades.

Sec. 246. Live-fire survivability testing of F–22 aircraft.

Sec. 247. University Research Initiative support program.

Sec. 248. Manufacturing science and technology program.

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

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home funding.

Sec. 304. National Security Education Trust Fund obligations.

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

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

Subtitle B—Defense Business Operations Fund

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

funds and certain activities.

Sec. 312. Implementation of improvement plan.

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

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

Subtitle C—Environmental Matters

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

the Department of Defense.

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

for payment of fines and penalties.

Sec. 323. Participation of Indian tribes in agreements for defense environmental restoration.
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Subtitle D—Matters Relating to Department of Defense

Civilian Employees

Sec. 331. Extension of certain transition assistance authorities.

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

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

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

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

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

Sec. 337. Increased authority to accept voluntary services.

Subtitle E—Other Matters

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

Sec. 342. Civil Air Patrol.

Sec. 343. Armed Forces Retirement Home.

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

Sec. 345. ARMS Initiative loan guarantee program.

Sec. 346. Reauthorization of Department of Defense domestic elementary and

secondary schools for dependents.

Sec. 347. Assistance to local educational agencies that benefit dependents of

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

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

Sec. 349. Repeal of annual limitation on expenditures for emergency and extraordinary expenses of the Department of Defense Inspector

General.

Sec. 350. Extension of authority for program to commemorate World War II.

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

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

Sec. 353. Ships’ stores.

Sec. 354. Humanitarian program for clearing landmines.

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

members of the Armed Forces and their families.

Sec. 356. Maritime prepositioning ship enhancement.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

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

the Marine Corps for fiscal years after fiscal year 1995.
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Sec. 404. Exception to limitation on number of general officers and flag officers

serving on active duty.

Sec. 405. Temporary exclusion of Superintendent of Naval Academy from

counting toward number of senior admirals authorized to be on

active duty.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

Subtitle E—Other Matters

Sec. 441. Repeal of required reduction in recruiting personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Service on successive selection boards.

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

officers on active-duty lists.

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

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

grades above first lieutenant or lieutenant (junior grade).

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

scout officers.

Subtitle B—Reserve Component Matters

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

with consent.

Sec. 512. Increased period of active duty service for Selected Reserve forces

mobilized other than during war or national emergency.

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

members to reserve components.

Subtitle C—Other Matters

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

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Subtitle B—Bonuses and Special and Incentive Pays
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Sec. 611. Extension of certain bonuses for reserve forces.

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

nurse officer candidates, registered nurses, and nurse anesthetists.

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

Subtitle C—Travel and Transportation Allowances

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

Subtitle D—Retired Pay and Survivor Benefits

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

grade lower than the grade held at retirement.

Sec. 632. Crediting of reserve service of enlisted members for computation of

retired pay.

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

Subtitle E—Defense Conversion, Reinvestment, and Transition

Assistance Matters

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

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

Transition Initiative.

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

program.

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

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

Community Corps.

Subtitle F—Other Matters

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

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

Sec. 653. Special supplemental food program for Department of Defense personnel outside the United States.

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

TITLE VII—HEALTH CARE PROVISIONS

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

adopted by members or former members.

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

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

is authorized.

Sec. 704. Coordination of benefits with medicare.

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

Sec. 706. Chiropractic health care demonstration program.

Sec. 707. Implementation of annual health care survey requirement.
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Sec. 708. Establishment of medicare special enrollment period for certain military retirees and dependents and payment of late enrollment

penalty by Department of Defense.

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

pharmaceuticals.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Use of Merit Based Selection Procedures

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

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

competitive procedures for awarding certain contracts to colleges and universities.

Subtitle B—Acquisition Assistance Programs

Sec. 811. Procurement technical assistance programs.

Sec. 812. Pilot Mentor-Protege Program.

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

Sec. 814. Extension of test program for negotiation of comprehensive small

business subcontracting plans.

Sec. 815. Limitation regarding acquisition assistance regulations required by

Public Law 103–160 but not issued.

Subtitle C—Other Matters

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

industrial base periodic defense capability assessment and a

periodic defense capability plan.

Sec. 822. Delegation of industrial mobilization authority.

Sec. 823. Permanent authority for the Department of Defense to share equitably the costs of claims under international armaments cooperative programs.

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Secretarial Matters

Sec. 901. Additional Assistant Secretary of Defense.

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

Subtitle B—Commission on Roles and Missions of the Armed

Forces

Sec. 911. Review of reserve components.

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

Subtitle C—Other Matters

Sec. 921. Composition of reserve forces policy board.

Sec. 922. Continuation of Uniformed Services University of the Health

Sciences.
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Sec. 923. Joint duty credit for certain duty performed during military operations in support of unified, combined, or United Nations military operations.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Emergency supplemental authorization of appropriations for fiscal

year 1994.

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

Subtitle B—Matters Relating to Allies and Other Nations

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

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

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

reduction.

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

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

Sec. 1016. Foreign disaster relief.

Subtitle C—Nonproliferation and Counterproliferation of

Weapon Systems and Related Systems

Sec. 1021. Extension and revision of nonproliferation authorities.

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

the United States.

Sec. 1023. Report on counterproliferation activities and programs.

Sec. 1024. Amounts for counterproliferation activities.

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

Subtitle D—Peace Operations

Sec. 1031. Reports on reforming multilateral peace operations.

Sec. 1032. Support for international peacekeeping and peace enforcement.

Subtitle E—Reporting Requirements

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

former Soviet Union.

Sec. 1042. Continuation of requirements for submittal of certain reports to

Congress.

Subtitle F—Acceptance of Prerelease Services of Nonviolent

Offenders

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

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

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

Subtitle G—Other Matters
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Sec. 1061. Redesignation of United States Court of Military Appeals and the

Courts of Military Review.

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

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

Sec. 1064. Defense Mapping Agency.

Sec. 1065. Transfer of naval vessels to Brazil.

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

Sec. 1067. Limitation regarding merger of telecommunications systems.

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 TITLE I—PROCUREMENT

7 Subtitle A—Authorization of

8 Appropriations

9 SEC. 101. ARMY.

10 Funds are hereby authorized to be appropriated for

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

12 (1) For aircraft, $1,058,781,000.

13 (2) For missiles, $723,909,000.

14 (3) For weapons and tracked combat vehicles,

15 $1,132,886,000.

16 (4) For ammunition, $840,361,000.

17 (5) For other procurement, $2,677,719,000.
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1 SEC. 102. NAVY AND MARINE CORPS.

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

4 as follows:

5 (1) For aircraft, $4,535,601,000.

6 (2) For weapons, including missiles and tor7 pedoes, $2,428,539,000.

8 (3) For shipbuilding and conversion,

9 $6,132,807,000.

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

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

12 be appropriated for fiscal year 1995 for procurement for

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

14 SEC. 103. AIR FORCE.

15 Funds are hereby authorized to be appropriated for

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

18 (1) For aircraft, $6,602,994,000.

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

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

21 SEC. 104. DEFENSE-WIDE ACTIVITIES.

22 Funds are hereby authorized to be appropriated for

23 fiscal year 1995 for Defense-wide procurement in the

24 amount of $1,935,616,000.
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1 SEC. 105. RESERVE COMPONENTS.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1995 for procurement of aircraft, vehicles, com4 munications equipment, and other equipment for the re5 serve components of the Armed Forces as follows:

6 (1) For the Army National Guard,

7 $85,000,000.

8 (2) For the Air National Guard, $270,000,000.

9 (3) For the Army Reserve, $75,000,000.

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

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

12 (6) For the Marine Corps Reserve,

13 $45,000,000.

14 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

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

16 be appropriated for fiscal year 1995 the amount of

17 $590,149,000 for—

18 (1) the destruction of lethal chemical agents

19 and munitions in accordance with section 1412 of

20 the Department of Defense Authorization Act, 1986

21 (50 U.S.C. 1521); and

22 (2) the destruction of chemical warfare material

23 of the United States that is not covered by section

24 1412 of such Act.

25 (b) LIMITATION.—Of the funds specified in sub26 section (a)—
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1 (1) $363,584,000 is for operation and mainte2 nance;

3 (2) $215,265,000 is for procurement; and

4 (3) $11,300,000 is for research and develop5 ment efforts in support of the nonstockpile chemical

6 weapons program.

7 (c) AUTHORITY FOR OBLIGATION OF UNAUTHORIZED

8 APPROPRIATIONS.—The Department of Defense may obli9 gate and expend $25,000,000 of the funds appropriated

10 for research, development, test, and evaluation under the

11 heading ‘‘CHEMICAL AGENTS AND MUNITIONS DESTRUC12 TION, DEFENSE’’ in title VI of Public Law 103–139 (107

13 Stat. 1436) in accordance with the appropriation for such

14 funds in that Act.

15 (d) IDENTIFICATION OF FUNDS FOR PROGRAM.—

16 Section 1412(f) of the Department of Defense Authoriza17 tion Act, 1986 (50 U.S.C. 1521(f)) is amended by striking

18 out the last sentence and inserting in lieu thereof the fol19 lowing: ‘‘Funds for military construction projects nec20 essary to carry out this section shall be set forth in the

21 budget of the Department of Defense for any fiscal year

22 as a separate account.’’.
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1 Subtitle B—Army Programs

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR

3 M1A2 TANK UPGRADES.

4 The Secretary of the Army may enter into multiyear

5 procurement contracts for procurement of M1A2 Abrams

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

7 10, United States Code.

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

10 The Secretary of the Army shall transfer one M1A1

11 common tank to the Marine Corps Reserve not later than

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

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

15 SEC. 113. REPLACEMENT SURVEILLANCE SYSTEM FOR

16 KOREA.

17 Funds available to the Army for procurement of OV–

18 1 aircraft that remain unobligated by reason of the early

19 retirement of OV–1 aircraft deployed in Korea may be

20 used for leasing a moving target indicator radar or an21 other surveillance system to replace the surveillance capa22 bility of such aircraft in Korea if—

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

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

2 the cost of the lease;

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

4 of Korea to purchase the leased system after the

5 joint surveillance and target attack radar surveil6 lance system (JSTARS) program attains initial

7 operational capability; and

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

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

10 the date of the enactment of this Act, to attain ini11 tial operational capability.

12 SEC. 114. SMALL ARMS INDUSTRIAL BASE.

13 (a) FUNDING FOR PROCUREMENT.—Of the funds au14 thorized to be appropriated pursuant to section 101(3)—

15 (1) $38,902,000 shall be available for procure16 ment of MK19–3 grenade machine guns;

17 (2) $13,000,000 shall be available for procure18 ment of M16A2 rifles;

19 (3) $24,016,000 shall be available for procure20 ment of M249 squad automatic weapons; and

21 (4) $13,165,000 shall be available for procure22 ment of M4 carbines.

23 (b) MULTIYEAR CONTRACTS AUTHORIZED.—(1)

24 During fiscal year 1995, the Secretary of the Army may,

25 in accordance with section 2306(h) of title 10, United
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1 States Code, enter into multiyear contracts to meet the

2 following objectives for quantities of small arms weapons

3 to be acquired for the Army:

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

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

6 (C) 71,769 M249 squad automatic weapons.

7 (D) 132,510 M4 carbines.

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

9 year 1995 that will meet all the objectives set forth in

10 paragraph (1), the Secretary shall, to the extent provided

11 for in appropriations Acts, enter into multiyear contracts

12 on or after October 1, 1995, to meet such objectives.

13 (3) Notwithstanding the first sentence of section

14 2306(h)(8) of title 10, United States Code, the period of

15 a multiyear contract entered into under this subsection

16 may not exceed 10 years.

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

18 Army shall provide for procurement of product improve19 ments for existing small arms weapons and may do so

20 within multiyear contracts entered into pursuant to sub21 section (b).

22 (d) JOINT SMALL ARMS MASTER PLAN.—(1) The

23 Secretaries of the military departments shall jointly de24 velop a master plan for meeting the immediate and future

25 needs of the Armed Forces for small arms. The Secretary
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1 of the Army shall coordinate the development of the joint

2 small arms master plan. The joint small arms master plan

3 shall include—

4 (A) an examination of the relative advantages

5 and disadvantages of improving existing small arms

6 weapons as compared to investing in new, advanced

7 technology weapons; and

8 (B) an analysis of the effects of each such ap9 proach on the small arms industrial base.

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

11 of Defense for Acquisition and Technology shall—

12 (A) review the joint small arms master plan

13 and the results of the examination of relative advan14 tages and disadvantages of the two courses of action

15 described in paragraph (1); and

16 (B) transmit the plan, together with any com17 ments that the Under Secretary considers appro18 priate, to the congressional defense committees.

19 (e) FUNDING FOR RDT&E.—Of the funds authorized

20 to be appropriated under section 201(1)—

21 (1) $5,000,000 shall be available for the Objec22 tive Crew-Served Weapons System; and

23 (2) $3,000,000 shall be available for product

24 improvements to existing small arms weapons.
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1 Subtitle C—Navy Programs

2 SEC. 121. NUCLEAR AIRCRAFT CARRIER PROGRAM.

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

4 the extent provided in appropriations Acts,

5 $1,200,000,000 may be transferred from the National De6 fense Sealift Fund to the funds appropriated pursuant to

7 the authorization in section 102(a)(3).

8 (b) AVAILABILITY FOR CVN–76.—The funds trans9 ferred shall be available for the CVN–76 nuclear aircraft

10 carrier program.

11 (c) RELATIONSHIP TO OTHER AUTHORIZATION.—

12 The amount of the funds transferred shall be in addition

13 to the amount authorized to be appropriated in section

14 102(a)(3) of the National Defense Authorization Act for

15 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1563).

16 (d) RELATIONSHIP TO OTHER TRANSFER AUTHOR17 ITY.—The transfer authority in paragraph (1) is in addi18 tion to any other transfer authority provided in this or

19 any other Act.

20 Subtitle D—Air Force Programs

21 SEC. 131. SETTLEMENT OF CLAIMS UNDER THE C–17 AIR22 CRAFT PROGRAM.

23 (a) SUPPLEMENTAL AGREEMENTS AUTHORIZED.—

24 On or before September 30, 1995, but subject to sub25 section (e), the Secretary of the Air Force may enter into
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1 supplemental agreements pertaining to Air Force prime

2 contract F33657–81–C–2108 and such other Air Force

3 contracts relating to the C–17 aircraft program in effect

4 on the date of enactment of this Act as the Secretary de5 termines appropriate—

6 (1) to settle claims and disputes arising under

7 such contracts as provided in the C–17 settlement

8 agreement letter;

9 (2) to revise the delivery schedules under such

10 contracts as provided in the C–17 settlement agree11 ment letter, for aircraft T–1 and P–1 through P–6;

12 and

13 (3) to revise range specifications, payload speci14 fications, and other specifications under such con15 tracts as provided in Attachment B to the C–17 set16 tlement agreement letter.

17 (b) FURTHER CONSIDERATION NOT REQUIRED.—

18 The supplemental agreements referred to in subsection (a)

19 may be entered into without requiring further consider20 ation from the contractor only to the extent provided for

21 in the C–17 settlement agreement letter.

22 (c) RELEASE OF CONTRACTOR CLAIMS REQUIRED.—

23 Each supplemental agreement referred to in subsection (a)

24 shall require the prime contractor to release and forever

25 discharge the Government from all contractual claims, de-
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1 mands, requests for equitable adjustment, and any other

2 causes of action, known or unknown, that the prime con3 tractor may have on or before January 6, 1994 arising

4 out of the C–17 program contracts as provided in the C–

5 17 settlement agreement letter.

6 (d) CONTRACT MODIFICATIONS REGARDING CON7 TRACTOR COMMITMENTS.—The Secretary of the Air

8 Force shall incorporate in each appropriate C–17 contract

9 the prime contractor’s commitment to extend the flight

10 test program, redesign the wing, implement Computer

11 Aided Design/Computer Aided Manufacturing System im12 provements, Management Information System improve13 ments, and Advanced Quality System improvements, im14 plement product improvement cost reduction projects, and

15 resolve other C–17 program issues on a nonreimbursable

16 or cost-share basis as provided in the C–17 settlement

17 agreement letter.

18 (e) NOTICE-AND-WAIT REQUIREMENT.—The Sec19 retary of the Air Force may not enter into a supplemental

20 agreement referred to in subsection (a) until 30 days after

21 the date on which the Secretary of Defense certifies to

22 Congress that the terms and conditions set forth in the

23 C–17 settlement agreement letter, including the settle24 ment of claims, are in the best interests of the Govern25 ment.
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1 (f) CONSTRUCTION REGARDING OTHER CONTRAC2 TOR OBLIGATIONS.—Nothing in this section shall be con3 strued as relieving the contractor of any obligation pro4 vided for in the C–17 settlement agreement letter.

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

6 C–17 settlement agreement letter referred to in this sec7 tion is the agreement that was proposed to the prime con8 tractor for the C–17 aircraft program by the Under Sec9 retary of Defense for Acquisition and Technology by letter

10 dated January 3, 1994, and was accepted by the prime

11 contractor on January 6, 1994.

12 Subtitle E—Other Matters

13 SEC. 141. PRESERVING THE BOMBER INDUSTRIAL BASE.

14 (a) FUNDS TO PRESERVE THE BOMBER INDUSTRIAL

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

16 section 103(1), not more than $150,000,000 shall be

17 available only for the following purposes:

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

19 ready status.

20 (2) To preserve a production capability for

21 spare parts and aircraft subsystems among lower22 tier vendors.

23 (3) To develop detailed production plans for a

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

25 delivering nuclear weapons.
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1 (4) To carry out any other program, project, or

2 activity, not prohibited by subsection (b) or (c), that

3 the Secretary determines will help to preserve the

4 bomber industrial base of the United States.

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

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

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

8 for B–2 bomber aircraft that is not a part previously ac9 quired or planned to be acquired for the B–2 bomber air10 craft under the initial or sustaining spares program.

11 (c) NO AUTHORIZATION OF ADVANCE PROCURE12 MENT.—Nothing in this section shall be construed as au13 thorizing the procurement, including long-lead procure14 ment, of a twenty-second B–2 bomber.

15 (d) EXEMPTION FROM LIMITATION ON TOTAL PRO16 GRAM COST.—Obligations of funds made available pursu17 ant to this section for the purposes set forth in subsection

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

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

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

21 1569).

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

23 (a) FUNDING.—Of the funds authorized to be appro24 priated by this title, $15,000,000 shall be available for

25 procurement of electric and hybrid vehicles for military
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1 uses and for commercialization of such vehicles for non2 military uses.

3 (b) LIMITATION.—(1) Funds made available pursu4 ant to subsection (a) may not be expended until the Sec5 retary of Defense and the Secretary of Energy enter into

6 a memorandum of understanding that specifies the re7 sponsibilities of each Secretary for procurement and com8 mercialization activities to be carried out with such funds.

9 (2) The provisions of the memorandum of under10 standing shall be consistent with the missions of the De11 partment of Defense and the Department of Energy and

12 with the goals set forth in title VI of the Energy Policy

13 Act of 1992 (Public Law 102–486; 42 U.S.C. 13271 et

14 seq.) and the amendments made to the Clean Air Act (42

15 U.S.C. 7401 et seq.) by Public Law 101–549 (commonly

16 known as the ‘‘Clean Air Act Amendments of 1990’’; 104

17 Stat. 2399).
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

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

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

10 (1) For the Army, $5,149,708,000.

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

12 (3) For the Air Force, $12,329,796,000.

13 (4) For Defense-wide activities,

14 $9,565,299,000, of which—

15 (A) $230,495,000 is authorized for the ac16 tivities of the Director, Test and Evaluation;

17 and

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

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

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

23 to be appropriated by section 201, $4,210,356,000 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, $170,000,000 shall be available for the Strategic

11 Environmental Research and Development Program.

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

15 SEC. 211. TACTICAL ANTISATELLITE TECHNOLOGIES PRO16 GRAM.

17 (a) DEMONSTRATION AND VALIDATION ACTIVI18 TIES.—Subject to subsection (e), the Secretary of Defense

19 shall continue the demonstration and validation of kinetic

20 energy antisatellite technologies under the tactical antisat21 ellite technologies program.

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

23 the amounts authorized to be appropriated in this title,

24 $10,000,000 shall be available for fiscal year 1995 for en-
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1 gineering development under the tactical antisatellite tech2 nologies program.

3 (c) REQUIREMENT OF OBLIGATION OF PRIOR YEAR

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

5 the Secretary shall obligate for engineering development

6 under the tactical antisatellite technologies program all

7 funds available for fiscal year 1993 and fiscal year 1994

8 for the Kinetic Energy Antisatellite (KE–ASAT) program

9 that remain available for obligation on the date of the en10 actment of this Act.

11 (d) REPORT.—The Secretary shall submit to Con12 gress the report required by section 1363 of the National

13 Defense Authorization Act for Fiscal Year 1993 (Public

14 Law 102–484; 106 Stat. 2560).

15 (e) LIMITATION.—No funds appropriated to the De16 partment of Defense for fiscal year 1995 may be obligated

17 for the tactical antisatellite technologies program until the

18 Secretary of Defense certifies to Congress that there is

19 a requirement for an antisatellite program.

20 SEC. 212. TRANSFER OF MILSTAR COMMUNICATIONS SAT21 ELLITE PROGRAM.

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

23 shall transfer responsibility for program management and

24 funding for the MILSTAR communications satellite pro-
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1 gram from the Secretary of the Air Force to the Secretary

2 of the Navy before October 1, 1995.

3 (b) FUNDING IN FUTURE YEARS DEFENSE PRO4 GRAM.—It is the sense of Congress that the Secretary

5 should transfer from the Air Force to the Navy sufficient

6 proposed funding in the Future Years Defense Program

7 to cover all costs for the MILSTAR communications sat8 ellite program and related programs, projects, and activi9 ties.

10 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR11 ITY.—The transfer authority in subsection (b) is in addi12 tion to the transfer authority provided in section 1001.

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

14 ORBIT ROCKET.

15 The Secretary of Defense shall, to the extent provided

16 in appropriations Acts, transfer to the National Aero17 nautics and Space Administration the unobligated balance

18 of funds appropriated to the Department of Defense for

19 the Advanced Research Projects Agency for single-stage

20 to orbit rocket research and development.

21 SEC. 214. LIMITATION ON DISMANTLEMENT OF INTER22 CONTINENTAL BALLISTIC MISSILES.

23 Funds authorized to be appropriated in this Act may

24 not be obligated or expended for deactivating or disman25 tling United States intercontinental ballistic missiles
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1 (ICBMs) of the United States below that number of such

2 missiles that is necessary to support 500 deployed inter3 continental ballistic missiles until 180 days after the date

4 on which the Secretary of Defense has delivered to the

5 congressional defense committees a report on the results

6 of a nuclear posture review being conducted by the Sec7 retary.

8 SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR SEIS9 MIC MONITORING RESEARCH.

10 Funds authorized to be appropriated by this Act that

11 are made available for seismic monitoring of nuclear explo12 sions may not be obligated for a project unless the project

13 is authorized in a plan approved in advance by the Sec14 retary of Defense and the Secretary of Energy.

15 SEC. 216. FEDERALLY FUNDED RESEARCH AND DEVELOP16 MENT CENTERS.

17 (a) CENTERS COVERED.—Funds appropriated or

18 otherwise made available for the Department of Defense

19 for fiscal year 1995 pursuant to an authorization of appro20 priations in section 201 may be obligated to procure work

21 from a federally funded research and development center

22 only in the case of a center named in the report required

23 by subsection (b) and, in the case of such a center, only

24 in an amount not in excess of the amount of the proposed

25 funding level set forth for that center in such report.
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1 (b) REPORT ON ALLOCATIONS FOR CENTERS.—Not

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

3 Act, the Secretary of Defense shall submit to the congres4 sional defense committees a report containing—

5 (1) the name of each federally funded research

6 and development center from which work is proposed

7 to be procured for the Department of Defense for

8 fiscal year 1995; and

9 (2) for each such center, the proposed funding

10 level and the estimated personnel level for fiscal year

11 1995.

12 The total of the proposed funding levels set forth in the

13 report for all federally funded research and development

14 centers may not exceed the amount set forth in subsection

15 (d).

16 (c) LIMITATION PENDING SUBMISSION OF RE17 PORT.—No funds appropriated or otherwise made avail18 able for the Department of Defense for fiscal year 1995

19 may be obligated to obtain work from a federally funded

20 research and development center until the Secretary of

21 Defense submits the report required by subsection (b).

22 (d) FUNDING.—Of the amounts authorized to be ap23 propriated to the Department of Defense for research, de24 velopment, test, and evaluation for fiscal year 1995 pursu25 ant to section 201, not more than a total of
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1 $1,300,000,000 may be obligated to procure services from

2 the federally funded research and development centers

3 named in the report required by subsection (b).

4 (e) AUTHORITY TO WAIVE FUNDING LIMITATION.—

5 The Secretary of Defense may waive the limitation regard6 ing the maximum funding amount that applies under sub7 section (a) to a federally funded research and development

8 center. Whenever the Secretary proposes to make such a

9 waiver, the Secretary shall submit to the congressional de10 fense committees notice of the proposed waiver and the

11 reasons for the waiver. The waiver may then be made only

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

13 on which the notice is submitted to those committees, un14 less the Secretary determines that it is essential to the

15 national security that funds be obligated for work at that

16 center in excess of that limitation before the end of such

17 period and notifies the congressional defense committees

18 of that determination and the reasons for the determina19 tion.

20 (f) UNDISTRIBUTED REDUCTION.—The total amount

21 authorized to be appropriated for research, development,

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

23 $52,650,000.
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1 Subtitle C—Missile Defense

2 Programs

3 SEC. 221. COMPLIANCE OF BALLISTIC MISSILE DEFENSE

4 SYSTEMS AND COMPONENTS WITH ABM

5 TREATY.

6 (a) REQUIRED COMPLIANCE REVIEW FOR BRILLIANT

7 EYES.—The Secretary of Defense shall review the space8 based, midcourse missile tracking system known as Bril9 liant Eyes to determine whether, and under what condi10 tions, the development, testing, and deployment of that

11 system in conjunction with a theater ballistic missile de12 fense system, with a limited national missile defense sys13 tem, and with both such systems, would be in compliance

14 with the ABM Treaty, including the interpretation of that

15 treaty set forth in the enclosure to the July 13, 1993,

16 ACDA letter.

17 (b) LIMITATION.—Of the funds appropriated pursu18 ant to the authorizations of appropriations in section 201

19 that are made available for the Brilliant Eyes program,

20 not more than $50,000,000 may be obligated until the

21 Secretary of Defense submits to the appropriate congres22 sional committees a report on the compliance of the Bril23 liant Eyes program with the ABM Treaty.

24 (c) COMPLIANCE REVIEW FOR NAVY UPPER TIER

25 SYSTEM.—(1) If the funds made available for fiscal year
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1 1995 for the theater ballistic missile program known as

2 the ‘‘Navy Upper Tier’’ program pursuant to the author3 izations of appropriations in section 201 or otherwise ex4 ceed $17,725,000, the Secretary of Defense shall review

5 the Navy Upper Tier program to determine whether the

6 development, testing, and deployment of that system

7 would be in compliance with the ABM Treaty, including

8 the interpretation of the Treaty set forth in the enclosure

9 to the July 13, 1993, ACDA letter.

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

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

12 obligated for the Navy Upper Tier program before the

13 date on which the Secretary submits to the appropriate

14 congressional committees a report on the compliance of

15 the Navy Upper Tier program with the ABM Treaty.

16 (d) DEFINITIONS.—In this section:

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

18 means the letter dated July 13, 1993, from the Act19 ing Director of the Arms Control and Disarmament

20 Agency to the chairman of the Committee on For21 eign Relations of the Senate relating to the correct

22 interpretation of the ABM Treaty and accompanied

23 by an enclosure setting forth such interpretation.

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

25 between the United States of America and the
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1 Union of Soviet Socialist Republics on the Limita2 tion of Anti-Ballistic Missiles, signed in Moscow on

3 May 26, 1972.

4 (3) The term ‘‘appropriate congressional com5 mittees’’ means—

6 (A) the Committee on Armed Services, the

7 Committee on Foreign Affairs, and the Com8 mittee on Appropriations of the House of Rep9 resentatives; and

10 (B) the Committee on Armed Services, the

11 Committee on Foreign Relations, and the Com12 mittee on Appropriations of the Senate.

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

14 1991.

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

16 of Public Law 102–190; 10 U.S.C. 2431 note) is amend17 ed—

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

19 (2) in section 238, by inserting before the pe20 riod at the end of the second sentence the following:

21 ‘‘, and shall submit to the Congress additional in22 terim reports on the progress of such negotiations at

23 six-month intervals thereafter until such time as the

24 President notifies the congressional defense commit-
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1 tees that such negotiations have been concluded or

2 terminated’’; and

3 (3) by redesignating section 238, 239, and 240

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

5 SEC. 223. LIMITATION.

6 No funds appropriated pursuant to an authorization

7 of appropriations in this title or otherwise made available

8 for fiscal year 1995 for programs managed by the Ballistic

9 Missile Defense Organization may be obligated for such

10 programs until the Secretary of Defense submits to Con11 gress the report required by section 235(b) of the National

12 Defense Authorization Act for Fiscal Year 1994 (Public

13 Law 103–160; 107 Stat. 1598).

14 Subtitle D—Defense Conversion,

15 Reinvestment, and Transition

16 Assistance Matters

17 SEC. 231. FUNDING OF DEFENSE TECHNOLOGY REINVEST18 MENT PROGRAMS FOR FISCAL YEAR 1995.

19 (a) FUNDS AVAILABLE.—Of the amount authorized

20 to be appropriated under section 201 for Defense-wide ac21 tivities, $625,000,000 shall be available for activities de22 scribed in the defense reinvestment program element of

23 the budget of the Department of Defense for fiscal year

24 1995.
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1 (b) ALLOCATION OF FUNDS.—The funds made avail2 able under subsection (a) shall be allocated as follows:

3 (1) $245,000,000 shall be available for defense

4 dual-use critical technology partnerships under sec5 tion 2511 of title 10, United States Code.

6 (2) $80,000,000 shall be available for commer7 cial-military integration partnerships under section

8 2512 of such title.

9 (3) $80,000,000 shall be available for defense

10 regional technology alliances under section 2513 of

11 such title.

12 (4) $30,000,000 shall be available for defense

13 advanced manufacturing technology partnerships

14 under section 2522 of such title.

15 (5) $50,000,000 shall be available for support

16 of manufacturing extension programs under section

17 2523 of such title.

18 (6) $25,000,000 shall be available for defense

19 manufacturing engineering education grants under

20 section 2196 of such title.

21 (7) $30,000,000 shall be available for the ad22 vanced materials synthesis and processing partner23 ship program.

24 (8) $35,000,000 shall be available for the agile

25 manufacturing/enterprise integration program.
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1 (9) $40,000,000 shall be available for the mari2 time technology program, as provided for in section

3 1352(c)(2) of the National Shipbuilding and Ship4 yard Conversion Act of 1993 (subtitle D of title XIII

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

6 2501 note).

7 (10) $10,000,000 shall be available for grants

8 under section 2198 of title 10, United States Code,

9 to United States institutions of higher education and

10 other United States not-for-profit organizations to

11 support the management training program in Japa12 nese language and culture.

13 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994

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

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

16 that were solicited under programs referred to in sub17 section (b) in fiscal year 1994.

18 SEC. 232. FINANCIAL COMMITMENT REQUIREMENTS FOR

19 SMALL BUSINESS CONCERNS FOR PARTICI20 PATION IN TECHNOLOGY REINVESTMENT

21 PROJECTS.

22 (a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY

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

24 States Code, is amended by adding at the end the follow25 ing new paragraph:
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1 ‘‘(3) The Secretary shall consider a partnership pro2 posal submitted by a small business concern without re3 gard to the ability of the small business concern to imme4 diately meet its share of the anticipated partnership costs.

5 Upon the selection of a partnership proposal submitted by

6 a small business concern, the Secretary shall extend to the

7 small business concern a period of not less than 120 days

8 within which to arrange to meet its financial commitment

9 requirements under the partnership from sources other

10 than a person of a foreign country. If the Secretary deter11 mines upon the expiration of that period that the small

12 business concern will be unable to meet its share of the

13 anticipated partnership costs, the Secretary may revoke

14 the selection of the partnership proposal submitted by the

15 small business concern.’’.

16 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER17 SHIPS.—Section 2512(c)(3) of such title is amended by

18 adding at the end the following new subparagraph:

19 ‘‘(C) The Secretary shall consider a partnership pro20 posal submitted by a small business concern without re21 gard to the ability of the small business concern to imme22 diately meet its share of the anticipated partnership costs.

23 Upon the selection of a partnership proposal submitted by

24 a small business concern, the Secretary shall extend to the

25 small business concern a period of not less than 120 days
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1 within which to arrange to meet its financial commitment

2 requirements under the partnership from sources other

3 than a person of a foreign country. If the Secretary deter4 mines upon the expiration of that period that the small

5 business concern will be unable to meet its share of the

6 anticipated partnership costs, the Secretary may revoke

7 the selection of the partnership proposal submitted by the

8 small business concern.’’.

9 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

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

11 adding at the end the following new paragraph:

12 ‘‘(4) The Secretary shall consider a proposal for a

13 regional technology alliance that is submitted by a small

14 business concern without regard to the ability of the small

15 business concern to immediately meet its share of the an16 ticipated costs of the alliance. Upon the selection of a pro17 posal submitted by a small business concern, the Secretary

18 shall extend to the small business concern a period of not

19 less than 120 days within which to arrange to meet its

20 financial commitment requirements under the regional

21 technology alliance from sources other than a person of

22 a foreign country. If the Secretary determines upon the

23 expiration of that period that the small business concern

24 will be unable to meet its share of the anticipated costs,
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1 the Secretary may revoke the selection of the proposal sub2 mitted by the small business concern.’’.

3 (d) DEFINITION OF PERSON OF A FOREIGN COUN4 TRY.—Section 2491 of such title is amended by adding

5 at the end the following new paragraph:

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

7 has the meaning given such term in section 3502(d)

8 of the Primary Dealers Act of 1988 (22 U.S.C.

9 5342(d)).’’.

10 SEC. 233. CONDITIONS ON FUNDING OF DEFENSE TECH11 NOLOGY REINVESTMENT PROJECTS.

12 (a) BENEFITS TO UNITED STATES ECONOMY.—In

13 providing for the establishment or financial support of

14 partnerships and other cooperative arrangements under

15 chapter 148 of title 10, United States Code, using funds

16 made available under section 231, the Secretary of De17 fense shall ensure that the principal economic benefits of

18 such partnerships and other arrangements accrue to the

19 economy of the United States.

20 (b) USE OF COMPETITIVE SELECTION PROCE21 DURES.—Funds made available under subsection (a) of

22 section 231 for defense reinvestment programs described

23 in subsection (b) of such section shall be provided only

24 to projects selected using competitive procedures pursuant

25 to a solicitation incorporating cost-sharing requirements
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1 for the non-Federal Government participants in the

2 projects.

3 SEC. 234. FEDERAL DEFENSE LABORATORY

4 DIVERSIFICATION AND NAVY REINVESTMENT

5 IN THE TECHNOLOGY AND INDUSTRIAL BASE.

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

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

8 the end thereof the following:

9 ‘‘SEC. 2519. FEDERAL DEFENSE LABORATORY DIVERSI10 FICATION PROGRAM.

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

12 of Defense shall conduct a program in accordance with

13 this section for the purpose of promoting cooperation be14 tween Department of Defense laboratories and industry

15 on research and development of dual-use technologies in

16 order to further the national security objectives set forth

17 in section 2501(a) of this title.

18 ‘‘(b) PARTNERSHIPS.—(1) The Secretary shall pro19 vide for the establishment under the program of coopera20 tive arrangements (hereinafter in this section referred to

21 as ‘partnerships’) between a Department of Defense lab22 oratory and eligible firms and nonprofit research corpora23 tions referred to in section 2511(b) of this title. A partner24 ship may also include one or more additional Federal lab25 oratories, institutions of higher education, agencies of
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1 State and local governments, and other entities, as deter2 mined appropriate by the Secretary.

3 ‘‘(2) For purposes of this section, a federally funded

4 research and development center shall be considered a De5 partment of Defense laboratory if the center is sponsored

6 by the Department of Defense.

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

8 may make grants, enter into contracts, enter into coopera9 tive agreements and other transactions pursuant to section

10 2371 of this title, and enter into cooperative research and

11 development agreements under section 12 of the Steven12 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.

13 3710a) in order to establish partnerships.

14 ‘‘(2) Subject subsection (d), the Secretary may pro15 vide a partnership with technical and other assistance in

16 order to facilitate the achievement of the purpose of this

17 section.

18 ‘‘(d) FINANCIAL COMMITMENT OF NON-FEDERAL

19 GOVERNMENT PARTICIPANTS.—(1) The Secretary shall

20 ensure that the non-Federal Government participants in

21 a partnership make a substantial contribution to the total

22 cost of partnership activities. The amount of the contribu23 tion shall be commensurate with the risk undertaken by

24 such participants and the potential benefits of the activi25 ties for such participants.
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1 ‘‘(2) The regulations prescribed pursuant to section

2 2511(c)(2) of this title shall apply to in-kind contributions

3 made by non-Federal Government participants in a part4 nership.

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

6 shall be used in the establishment of partnerships.

7 ‘‘(f) SELECTION CRITERIA.—The criteria for the se8 lection of a proposed partnership for establishment under

9 this section shall include the criteria set forth in section

10 2511(f) of this title.

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

12 regulations for the purposes of this section.

13 ‘‘SEC. 2520. NAVY REINVESTMENT PROGRAM.

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

15 of the Navy shall conduct a program in accordance with

16 this section for the purpose of promoting cooperation be17 tween the Department of the Navy and industry on re18 search and development of dual-use technologies in order

19 to further the national security objectives set forth in sec20 tion 2501(a) of this title.

21 ‘‘(b) PARTNERSHIPS.—The Secretary shall provide

22 for the establishment under the program of cooperative

23 arrangements (hereinafter in this section referred to as

24 ‘partnerships’) between Department of the Navy entities

25 and eligible firms and nonprofit research corporations re-
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1 ferred to in section 2511(b) of this title. A partnership

2 may also include one or more Federal laboratories, institu3 tions of higher education, agencies of State and local gov4 ernments, and other entities, as determined appropriate

5 by the Secretary.

6 ‘‘(c) PROGRAM REQUIREMENTS AND ADMINISTRA7 TION.—Subsections (c) through (f) of section 2519 of this

8 title shall apply in the administration of the program.

9 ‘‘(d) SELECTION CRITERIA.—In addition to the selec10 tion criteria referred to in section 2519(f) of this title, the

11 criteria for the selection of a proposed partnership for es12 tablishment under this section shall include the potential

13 effectiveness of the partnership in the further development

14 and application of each technology proposed to be devel15 oped by the partnership for Navy acquisition programs.

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

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

18 (2) The table of sections at the beginning of such sub19 chapter is amended by adding at the end the following:

‘‘2519. Federal Defense Laboratory Diversification Program.

2520. Navy Reinvestment Program.’’.

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

21 title 10, United States Code, is amended by inserting be22 fore the period at the end the following: ‘‘, and includes

23 a federally funded research and development center spon24 sored by a Federal agency’’.
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1 (c) FUNDING.—(1) Of the amount authorized to be

2 appropriated in section 201(4), $56,600,000 shall be

3 available for the Federal Defense Laboratory Diversifica4 tion Program under section 2519 of title 10, as added by

5 subsection (a)(1).

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

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

8 Navy Reinvestment Program under section 2520 of title

9 10, as added by subsection (a)(1).

10 Subtitle E—Other Matters

11 SEC. 241. COOPERATIVE RESEARCH AND DEVELOPMENT

12 AGREEMENTS WITH NATO ORGANIZATIONS.

13 (a) APPLICABILITY OF EXISTING AUTHORITY TO

14 NATO ORGANIZATIONS.—Section 2350a of title 10, Unit15 ed States Code, is amended in subsections (a), (e)(2), and

16 (i)(1) by inserting ‘‘or NATO organizations’’ after ‘‘major

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

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

19 of such section is amended by adding at the end the follow20 ing new paragraph:

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

22 North Atlantic Treaty Organization subsidiary body

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

24 other organization of the North Atlantic Treaty

25 Organization.’’.
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1 SEC. 242. DEFENSE WOMEN’S HEALTH RESEARCH PRO2 GRAM.

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

4 Defense shall continue the Defense Women’s Health Re5 search Program established in response to the enactment

6 of section 251 of the National Defense Authorization Act

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

8 1606).

9 (b) PARTICIPATION BY ALL MILITARY DEPART10 MENTS.—The Departments of the Army, Navy, and Air

11 Force shall each participate in the activities under the pro12 gram.

13 (c) ARMY TO BE EXECUTIVE AGENT.—The Sec14 retary of Defense shall designate the Secretary of the

15 Army to be the executive agent for administering the pro16 gram.

17 (d) PROGRAM ACTIVITIES.—The program shall in18 clude the following activities regarding health risks and

19 health care for women in the Armed Forces:

20 (1) The coordination and support activities de21 scribed in section 251 of Public Law 103–160.

22 (2) Epidemiologic research regarding women

23 deployed for military operations, including research

24 on patterns of illness and injury, environmental and

25 occupational hazards (including exposure to toxins),

26 side-effects of pharmaceuticals used by women so de-
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1 ployed, psychological stress associated with military

2 training, deployment, combat and other traumatic

3 incidents, and other conditions of life, and human

4 factor research regarding women so deployed.

5 (3) Development of a data base to facilitate

6 long-term research studies on issues related to the

7 health of women in military service, and continued

8 development and support of a women’s health infor9 mation clearinghouse to serve as an information re10 source for clinical, research, and policy issues affect11 ing women in the Armed Forces.

12 (4) Research on policies and standards issues,

13 including research supporting the development of

14 military standards related to training, operations,

15 deployment, and retention and the relationship be16 tween such activities and factors affecting women’s

17 health.

18 (5) Research on interventions having a potential

19 for addressing conditions of military service that ad20 versely affect the health of women in the Armed

21 Forces.

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

23 1995, the Secretary of Defense changes the implementa24 tion plan for the program that the Secretary submitted

25 to the Committees on Armed Services of the Senate and
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1 the House of Representatives on May 2, 1994, the Sec2 retary shall submit the modified plan to such committees

3 before executing the changes.

4 (f) FUNDING.—Of the amount authorized to be ap5 propriated pursuant to section 201, $40,000,000 shall be

6 available for the Defense Women’s Health Research Pro7 gram referred to in subsection (a).

8 SEC. 243. REQUIREMENT FOR SUBMISSION OF ANNUAL RE9 PORT OF THE SEMICONDUCTOR TECH10 NOLOGY COUNCIL TO CONGRESS.

11 Section 273(b)(2)(I) of the National Defense Author12 ization Act for Fiscal Years 1988 and 1989 (15 U.S.C.

13 4603) is amended by inserting ‘‘and submit to Congress

14 by March 31 of each year after ‘‘Publish’’.

15 SEC. 244. REPORT ON OCEANOGRAPHIC SURVEY AND RE16 SEARCH REQUIREMENTS TO SUPPORT LIT17 TORAL WARFARE.

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

19 1995, the Secretary of the Navy shall submit to Congress

20 a report on the oceanographic survey and research and

21 development requirements needed to support Navy oper22 ations in littoral regions.

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

24 the following:
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1 (1) An identification of unique properties, in2 cluding acoustics, bathymetry, bottom type, and

3 ocean dynamics that affect shallow water operations

4 in littoral regions.

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

6 (A) designates each region as high, me7 dium, or low priority based on the probable

8 need for Navy operations in such regions; and

9 (B) for each region, is annotated to iden10 tify—

11 (i) the date of the most recent de12 tailed survey; and

13 (ii) the extent to which that survey

14 provides insight into the region’s properties

15 identified pursuant to paragraph (1).

16 (3) An assessment of the Navy’s current and

17 projected access to each region for surveying pur18 poses.

19 (4) An assessment of the ability of current

20 oceanographic survey and research assets to develop

21 the information identified in paragraph (1).

22 SEC. 245. LANSCE/LAMPF UPGRADES.

23 Of the amounts authorized to be appropriated by sec24 tion 201(4), $20,000,000 shall be available to complete

25 the Los Alamos Neutron Scattering Experiment/Los Ala-
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1 mos Meson Physics Facility upgrades at the Los Alamos

2 National Laboratory, Los Alamos, New Mexico.

3 SEC. 246. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR4 CRAFT.

5 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

6 Secretary of Defense may, in accordance with section

7 2366(c) of title 10, United States Code, waive for the F–

8 22 aircraft program the survivability tests required by

9 that section, notwithstanding that such program has en10 tered full-scale engineering development.

11 (b) REPORTING REQUIREMENT.—(1) If the Secretary

12 of Defense submits in accordance with section 2366(c)(1)

13 of title 10, United States Code, a certification that live14 fire testing of the F–22 aircraft would be unreasonably

15 expensive and impractical, the Secretary of Defense shall

16 require that F–22 aircraft components and subsystems be

17 made available for an alternative live-fire test program.

18 (2) The components and subsystem required by the

19 Secretary to be made available for such a program shall

20 be components that—

21 (A) could affect the survivability of the F–22

22 aircraft; and

23 (B) are sufficiently large and realistic that

24 meaningful conclusions about the survivability of F–

25 22 aircraft can be drawn from the test results.
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1 (c) FUNDING.—Funds available for the F–22 aircraft

2 program may be used for carrying out any alternative live3 fire testing program for F–22 aircraft.

4 SEC. 247. UNIVERSITY RESEARCH INITIATIVE SUPPORT

5 PROGRAM.

6 Of the amounts authorized to be appropriated under

7 section 201, $10,000,000 shall be available for the Univer8 sity Research Initiative Support Program established pur9 suant to section 802 of the National Defense Authoriza10 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

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

12 SEC. 248. MANUFACTURING SCIENCE AND TECHNOLOGY

13 PROGRAM.

14 (a) PROGRAM AUTHORIZED.—(1) Section 2525 of

15 title 10, United States Code, is amended to read as fol16 lows:

17 ‘‘SEC. 2525. MANUFACTURING SCIENCE AND TECHNOLOGY

18 PROGRAM.

19 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

20 shall establish a Manufacturing Science and Technology

21 Program to further the national security objectives of sec22 tion 2501(a) of this title. The Under Secretary of Defense

23 for Acquisition and Technology shall administer the pro24 gram.
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1 ‘‘(b) PURPOSE.—The purpose of the program is to

2 enhance the capability of industry to meet the manufac3 turing needs of the Department of Defense.

4 ‘‘(c) EXECUTION.—The Secretary may carry out

5 projects under the program through the Secretaries of the

6 military departments and the heads of Defense Agencies.

7 ‘‘(d) COMPETITION AND COST SHARING.—(1) Com8 petitive procedures shall be used for awarding all grants

9 and entering into all contracts, cooperative agreements,

10 and other transactions under the program.

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

12 and a contract, cooperative agreement, or other trans13 action may not be entered into under the program, on any

14 basis other than a cost-sharing basis unless the Secretary

15 of Defense determines that the grant, contract, coopera16 tive agreement, or other transaction, as the case may be,

17 is for a program that—

18 ‘‘(A) is not likely to have any immediate and di19 rect commercial application; or

20 ‘‘(B) is of sufficiently high risk to discourage

21 cost sharing by non-Federal Government sources.’’.

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

23 sections at the beginning of subchapter IV of chapter 148

24 of such title is amended to read as follows:

‘‘2525. Manufacturing Science and Technology Program.’’.
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1 (b) FUNDING.—Of the amounts appropriated pursu2 ant to section 201, not more than $125,000,000 shall be

3 available for the Manufacturing Science and Technology

4 Program under section 2525 of title 10, United States

5 Code (as amended by subsection (a)), of which—

6 (1) not more than $30,000,000 shall be avail7 able for the Army;

8 (2) not more than $35,000,000 shall be avail9 able for the Navy;

10 (3) not more than $50,000,000 shall be avail11 able for the Air Force; and

12 (4) not more than $10,000,000 shall be avail13 able for the Defense Logistics Agency.

14 SEC. 249. DEFENSE EXPERIMENTAL PROGRAM TO STIMU15 LATE COMPETITIVE RESEARCH.

16 (a) PROGRAM REQUIRED.—The Secretary of De17 fense, acting through the Director of Defense Research

18 and Engineering, shall carry out a Defense Experimental

19 Program to Stimulate Competitive Research (DEPSCoR)

20 as part of the university research programs of the Depart21 ment of Defense.

22 (b) PROGRAM OBJECTIVES.—The objectives of the

23 program are as follows:

24 (1) To enhance the capabilities of institutions

25 of higher education in eligible States to develop,
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1 plan, and execute science and engineering research

2 that is competitive under the peer-review systems

3 used for awarding Federal research assistance.

4 (2) To increase the probability of long-term

5 growth in the competitively awarded financial assist6 ance that institutions of higher education in eligible

7 States receive from the Federal Government for

8 science and engineering research.

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

10 program objectives, the following activities are authorized

11 under the program:

12 (1) Competitive award of research grants.

13 (2) Competitive award of financial assistance

14 for graduate students.

15 (d) ELIGIBLE STATES.—(1) The Director of the Na16 tional Science Foundation shall designate which States are

17 eligible States for the purposes of this section and shall

18 notify the Director of Defense Research and Engineering

19 of the States so designated.

20 (2) The Director of the National Science Foundation

21 shall designate a State as an eligible State if, as deter22 mined by the Director—

23 (A) the institutional average amount of Federal

24 financial assistance for research and development re25 ceived by the institutions of higher education in the
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1 State for the fiscal year preceding the fiscal year for

2 which the designation is effective, or for the last fis3 cal year for which statistics are available, is less

4 than the amount equal to 50 percent of the national

5 institutional average amount of Federal financial as6 sistance for research and development received by

7 the institutions of higher education in the United

8 States for such preceding or last fiscal year, as the

9 case may be;

10 (B) the State has demonstrated a commitment

11 to developing research bases in the State and to im12 proving science and engineering research and edu13 cation programs at institutions of higher education

14 in the State; and

15 (C) the State is an eligible State for purposes

16 of the Experimental Program to Stimulate Competi17 tive Research conducted by the National Science

18 Foundation.

19 (e) COORDINATION WITH SIMILAR FEDERAL PRO20 GRAMS.—(1) The Secretary shall consult with the Director

21 of the National Science Foundation and the Director of

22 the Office of Science and Technology Policy in the plan23 ning, development, and execution of the program and shall

24 coordinate the program with the Experimental Program

25 to Stimulate Competitive Research conducted by the Na-
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1 tional Science Foundation and with similar programs

2 sponsored by other departments and agencies of the Fed3 eral Government.

4 (2) All solicitations under the Defense Experimental

5 Program to Stimulate Competitive Research shall be made

6 to, and all awards shall be made through, the State com7 mittees established for purposes of the Experimental Pro8 gram to Stimulate Competitive Research conducted by the

9 National Science Foundation.

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

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

12 committee under the Defense Experimental Program to

13 Stimulate Competitive Research are coordinated with the

14 activities carried out in the State under other similar ini15 tiatives of the Federal Government to stimulate competi16 tive research.

17 TITLE III—OPERATION AND

18 MAINTENANCE

19 Subtitle A—Authorization of

20 Appropriations

21 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

22 Funds are hereby authorized to be appropriated for

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

24 activities and agencies of the Department of Defense for
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1 expenses, not otherwise provided for, for operation and

2 maintenance in amounts as follows:

3 (1) For the Army, $17,542,914,000.

4 (2) For the Navy, $21,326,470,000.

5 (3) For the Marine Corps, $2,096,695,000.

6 (4) For the Air Force, $18,789,023,000.

7 (5) For Defense-wide activities,

8 $9,994,325,000.

9 (6) For Medical Programs, Defense,

10 $9,854,459,000.

11 (7) For the Army Reserve, $1,253,709,000.

12 (8) For the Naval Reserve, $828,319,000.

13 (9) For the Marine Corps Reserve,

14 $81,462,000.

15 (10) For the Air Force Reserve,

16 $1,478,990,000.

17 (11) For the Army National Guard,

18 $2,452,148,000.

19 (12) For the Air National Guard,

20 $2,780,178,000.

21 (13) For the National Board for the Promotion

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

23 (14) For the Defense Inspector General,

24 $140,798,000.
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1 (15) For Drug Interdiction and Counter-drug

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

3 (16) For the United States Court of Appeals

4 for the Armed Services, $6,126,000.

5 (17) For Environmental Restoration, Defense,

6 $2,180,200,000.

7 (18) For Humanitarian Assistance,

8 $71,900,000.

9 (19) For Former Soviet Union Threat Reduc10 tion, $400,000,000.

11 (20) For the Contributions for International

12 Peacekeeping and Peace Enforcement Activities

13 Fund, $300,000,000.

14 (21) For support for the 1996 Summer Olym15 pics, $10,000,000.

16 SEC. 302. WORKING CAPITAL FUNDS.

17 Funds are hereby authorized to be appropriated for

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

19 activities and agencies of the Department of Defense for

20 providing capital for working capital and revolving funds

21 in amounts as follows:

22 (1) For the Defense Business Operations Fund,

23 $798,400,000.

24 (2) For the National Defense Sealift Fund,

25 $227,800,000.
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1 SEC. 303. ARMED FORCES RETIREMENT HOME FUNDING.

2 There is hereby authorized to be appropriated for fis3 cal year 1995 from the Armed Forces Retirement Home

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

5 the Armed Forces Retirement Home, including the United

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

7 SEC. 304. NATIONAL SECURITY EDUCATION TRUST FUND

8 OBLIGATIONS.

9 During fiscal year 1995, $14,300,000 is authorized

10 to be obligated from the National Security Education

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

12 Boren National Security Education Act of 1991 (50

13 U.S.C. 1904(a)).

14 SEC. 305. TRANSFER FROM NATIONAL DEFENSE STOCK15 PILE TRANSACTION FUND.

16 (a) TRANSFER AUTHORITY.—To the extent provided

17 in appropriations Acts, not more than $250,000,000 is au18 thorized to be transferred from the National Defense

19 Stockpile Transaction Fund to operation and maintenance

20 accounts for fiscal year 1995 in amounts as follows:

21 (1) For the Army, $50,000,000.

22 (2) For the Navy, $50,000,000.

23 (3) For the Air Force, $50,000,000.

24 (4) For Defense-wide activities, $100,000,000.

25 (b) TREATMENT OF TRANSFERS.—Amounts trans26 ferred under this section—
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1 (1) shall be merged with, and be available for

2 the same purposes and the same period as, the

3 amounts in the accounts to which transferred; and

4 (2) may not be expended for an item that has

5 been denied authorization of appropriations by Con6 gress.

7 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR8 ITY.—The transfer authority provided in this section is in

9 addition to the transfer authority provided in section

10 1001.

11 SEC. 306. SUPPORT FOR THE 1995 SPECIAL OLYMPICS

12 WORLD GAMES.

13 (a) AUTHORITY TO PROVIDE SUPPORT.—The Sec14 retary of Defense may provide logistical support and per15 sonnel services in connection with the 1995 Special Olym16 pics World Games to be held in New Haven, Connecticut.

17 (b) PAY AND NONTRAVEL-RELATED ALLOW18 ANCES.—(1) Except as provided in paragraph (2), the

19 costs for pay and nontravel-related allowances of members

20 of the Armed Forces for the support and services referred

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

22 made pursuant to the authorization of appropriations in

23 subsection (c).

24 (2) Paragraph (1) does not apply in the case of mem25 bers of a reserve component called or ordered to active
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1 duty to provide logistical support and personnel services

2 for the 1995 Special Olympics World Games.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated $3,000,000 for the Depart5 ment of Defense for fiscal year 1995 to carry out sub6 section (a).

7 Subtitle B—Defense Business

8 Operations Fund

9 SEC. 311. PERMANENT AUTHORITY FOR USE OF FUND FOR

10 MANAGING WORKING CAPITAL FUNDS AND

11 CERTAIN ACTIVITIES.

12 Section 316(a) of the National Defense Authorization

13 Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2208

14 note) is amended by striking out ‘‘During’’ and all that

15 follows through ‘‘December 31, 1994, the’’ and inserting

16 in lieu thereof ‘‘The’’.

17 SEC. 312. IMPLEMENTATION OF IMPROVEMENT PLAN.

18 (a) PROGRESS REPORT ON IMPLEMENTATION.—Not

19 later than February 1, 1995, the Secretary of Defense

20 shall submit to the congressional defense committees a re21 port on the progress made in implementing the Defense

22 Business Operations Fund Improvement Plan, dated Sep23 tember, 1993. The report shall describe the progress made

24 in reaching the milestones established in the plan and pro25 vide an explanation for the failure to meet any of the mile-
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1 stones. The Secretary shall submit a copy of the report

2 to the Comptroller General of the United States at the

3 same time the Secretary submits the report to the congres4 sional defense committees.

5 (b) RESPONSIBILITIES OF THE COMPTROLLER GEN6 ERAL.—(1) The Comptroller General shall monitor and

7 evaluate the progress of the Department of Defense in de8 veloping and implementing the improvement plan referred

9 to in subsection (a).

10 (2) Not later than March 1, 1995, the Comptroller

11 General shall submit to the congressional defense commit12 tees a report containing the following:

13 (A) The findings and conclusions of the Comp14 troller General resulting from the monitoring and

15 evaluation conducted under paragraph (1).

16 (B) An evaluation of the progress report sub17 mitted to the congressional defense committees by

18 the Secretary of Defense pursuant to subsection (a).

19 (C) Any recommendations for legislation or ad20 ministrative action concerning the Fund that the

21 Comptroller General considers appropriate.

22 SEC. 313. LIMITATION ON OBLIGATIONS AGAINST THE CAP23 ITAL ASSET FUND.

24 The Secretary of Defense may not incur obligations

25 against funds in the capital asset subaccount of the De-
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1 fense Business Operations Fund during fiscal year 1995

2 in a total amount in excess of $1,500,000.

3 SEC. 314. LIMITATION ON OBLIGATIONS AGAINST THE SUP4 PLY MANAGEMENT DIVISIONS.

5 (a) LIMITATION.—(1) The Secretary of Defense may

6 not incur obligations against the supply management divi7 sions of the Defense Business Operations Fund during fis8 cal year 1995 in a total amount in excess of 65 percent

9 of the total amount derived from sales from such divisions

10 during that fiscal year.

11 (2) For purposes of determining the amount of obli12 gations incurred against, and sales from, such divisions

13 during fiscal year 1995, the Secretary shall exclude obliga14 tions and sales for fuel, commissary and subsistence items,

15 retail operations, repair of equipment and spare parts in

16 support of repair, direct vendor deliveries, foreign military

17 sales, initial outfitting requiring equipment furnished by

18 the Federal Government, and the cost of operations.

19 (b) WAIVER AUTHORITY.—The Secretary of Defense

20 may waive the limitation in subsection (a) if the Secretary

21 determines that such waiver is necessary in order to main22 tain the readiness and combat effectiveness of the Armed

23 Forces. The Secretary shall immediately notify Congress

24 of any such waiver and the reasons for such waiver.
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1 (c) DETERMINATIONS OF EFFECTS OF LIMITATION

2 ON READINESS AND COMBAT EFFECTIVENESS.—Not

3 later than 60 days after the date of the enactment of this

4 Act, the secretaries of the military departments and the

5 Director of the Defense Logistics Agency shall each sub6 mit to the Secretary of Defense a report containing the

7 views of such official on the effects of the limitation in

8 subsection (a) on the ability of the Department of Defense

9 to maintain the readiness and combat effectiveness of the

10 Armed Forces. If the Secretary of Defense determines,

11 after considering the reports, that the limitation will im12 pair the readiness and combat effectiveness of any of the

13 Armed Forces, the Secretary shall exercise the waiver au14 thority provided in subsection (b).

15 Subtitle C—Environmental Matters

16 SEC. 321. PROHIBITION ON THE PURCHASE OF SURETY

17 BONDS AND OTHER GUARANTEES FOR THE

18 DEPARTMENT OF DEFENSE.

19 No funds appropriated or otherwise made available

20 to the Department of Defense for fiscal year 1995 may

21 be obligated or expended for the purchase of surety bonds

22 or other guarantees of financial responsibility in order to

23 guarantee the performance of any direct function of the

24 Department of Defense.
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1 SEC. 322. EXTENSION OF PROHIBITION ON USE OF ENVI2 RONMENTAL RESTORATION FUNDS FOR PAY3 MENT OF FINES AND PENALTIES.

4 None of the funds appropriated for fiscal year 1995

5 pursuant to the authorization of appropriations provided

6 in section 301(17) may be used for the payment of a fine

7 or penalty imposed against the Department of Defense un8 less the act or omission for which the fine or penalty is

9 imposed arises out of activities funded by the account.

10 SEC. 323. PARTICIPATION OF INDIAN TRIBES IN AGREE11 MENTS FOR DEFENSE ENVIRONMENTAL RES12 TORATION.

13 Section 2701(d) of title 10, United States Code, is

14 amended—

15 (1) by striking out ‘‘SERVICE OF OTHER AGEN16 CIES.—The Secretary’’ and inserting in lieu thereof

17 the following: ‘‘SERVICE OF OTHER AGENCIES.—

18 ‘‘(1) IN GENERAL.—The Secretary’’;

19 (2) in paragraph (1), as so designated, by in20 serting ‘‘any Federally recognized Indian tribe or’’

21 before ‘‘any State or local government agency,’’; and

22 (3) by adding at the end the following:

23 ‘‘(2) DEFINITION.—For purposes of this sub24 section, the term ‘Indian tribe’ has the meaning

25 given such term in section 101(36) of the Com-
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1 prehensive Environmental Response, Compensation,

2 and Liability Act of 1980 (42 U.S.C. 9701(36)).’’.

3 Subtitle D—Matters Relating to De4 partment of Defense Civilian

5 Employees

6 SEC. 331. EXTENSION OF CERTAIN TRANSITION ASSIST7 ANCE AUTHORITIES.

8 (a) REDUCTION-IN-FORCE NOTIFICATION REQUIRE9 MENTS.—Section 4433(b)(2) of the Defense Conversion,

10 Reinvestment, and Transition Assistance Act of 1992 (di11 vision D of Public Law 102–484; 106 Stat. 2721; 5 U.S.C.

12 3502 note) is amended by striking out ‘‘February 1,

13 1998’’ and inserting in lieu thereof ‘‘February 1, 2000’’.

14 (b) SEPARATION PAY.—(1) Section 5597(e) of title

15 5, United States Code, is amended by striking out ‘‘Sep16 tember 30, 1997’’ and inserting in lieu thereof ‘‘Septem17 ber 30, 1999’’.

18 (2) Section 4436(d)(2) of the Defense Conversion,

19 Reinvestment, and Transition Assistance Act of 1992 (5

20 U.S.C. 8348 note) is amended by striking out ‘‘January

21 1, 1998’’ and inserting in lieu thereof ‘‘January 1, 2000’’.

22 (c) RESTORATION OF CERTAIN LEAVE.—Section

23 6304(d)(3) of title 5, United States Code, is amended by

24 striking out ‘‘the closure of an installation’’ and inserting

25 in lieu thereof ‘‘the closure of an installation of the De-
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1 partment of Defense pursuant to the Defense Base Clo2 sure and Realignment Act of 1990 (part A of title XXIX

3 of Public Law 101–510; 10 U.S.C. 2687 note) during any

4 period, and the closure of any other installation’’.

5 (d) CONTINUED HEALTH BENEFITS.—Section

6 8905a(d)(4)(B) of title 5, United States Code, is amend7 ed—

8 (1) by striking out ‘‘October 1, 1997’’ each

9 place it appears and inserting in lieu thereof ‘‘Octo10 ber 1, 1999’’; and

11 (2) in clause (ii), by striking out ‘‘February 1,

12 1998,’’ and inserting in lieu thereof ‘‘February 1,

13 2000,’’.

14 SEC. 332. EXTENSION AND EXPANSION OF AUTHORITY TO

15 CONDUCT PERSONNEL DEMONSTRATION

16 PROJECTS.

17 (a) CHINA LAKE DEMONSTRATION PROJECT.—(1)

18 Section 6 of the Civil Service Miscellaneous Amendments

19 Act of 1983 (Public Law 98–224; 98 Stat. 49) is amended

20 by striking out ‘‘September 30, 1995,’’.

21 (2) In the event of a reorganization of the organiza22 tion carrying out the personnel demonstration project re23 ferred to in section 6 of Public Law 98–224, such section

24 shall apply with respect to the successor to that organiza25 tion.
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1 (b) DEFENSE LABORATORIES PERSONNEL DEM2 ONSTRATION PROJECTS.—(1) The Secretary of Defense

3 may carry out personnel demonstration projects at De4 partment of Defense laboratories designated by the Sec5 retary as Department of Defense science and technology

6 reinvention laboratories.

7 (2) Each personnel demonstration project carried out

8 under the authority of paragraph (1) shall be similar to

9 the personnel demonstration project that is authorized by

10 section 6 of Public Law 98–224 to be continued at the

11 Naval Weapons Center, China Lake, California, and at the

12 Naval Ocean Systems Center, San Diego, California.

13 (3) If the Secretary carries out a demonstration

14 project at a laboratory pursuant to paragraph (1), section

15 4703 (other than subsection (d)) of title 5, United States

16 Code, shall apply to such demonstration project, except

17 that the authority of the Secretary to carry out the dem18 onstration project is that which is provided in paragraph

19 (1) rather than the authority that is provided in such sec20 tion 4703.
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1 SEC. 333. LIMITATION ON PAYMENT OF SEVERANCE PAY TO

2 CERTAIN EMPLOYEES TRANSFERRING TO

3 EMPLOYMENT POSITIONS IN

4 NONAPPROPRIATED FUND INSTRUMENTAL5 ITIES.

6 (a) IN GENERAL.—Section 5595 of title 5, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘(h)(1) Severance pay under this section may not be

10 paid to—

11 ‘‘(A) a person described in paragraph (4)(A)

12 during any period in which the person is employed

13 in a defense nonappropriated fund instrumentality;

14 or

15 ‘‘(B) a person described in paragraph (4)(B)

16 during any period in which the person is employed

17 in a Coast Guard nonappropriated fund instrumen18 tality.

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

20 payment of severance pay to a person referred to in para21 graph (1) may be resumed upon any involuntary separa22 tion of the person from the position of employment in a

23 nonappropriated fund instrumentality, not by removal for

24 cause on charges of misconduct, delinquency, or ineffi25 ciency.
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1 ‘‘(B) Payment of severance pay may not be resumed

2 under subparagraph (A) in the case of a person who, upon

3 separation, is entitled to immediate payment of retired or

4 retainer pay as a member or former member of the uni5 formed services or to an immediate annuity under—

6 ‘‘(i) a retirement system for persons retiring

7 from employment by a nonappropriated fund instru8 mentality;

9 ‘‘(ii) subchapter III of chapter 83 of this title;

10 ‘‘(iii) subchapter II of chapter 84 of this title;

11 or

12 ‘‘(iv) any other retirement system of the Fed13 eral Government for persons retiring from employ14 ment by the Federal Government.

15 ‘‘(3) Upon resumption of payment of severance pay

16 under paragraph (2)(A) in the case of a person separated

17 as described in such paragraph, the amount of the sever18 ance pay so payable for a period shall be reduced (but

19 not below zero) by the portion (if any) of the amount of

20 any severance pay payable for such period to the person

21 by the nonappropriated fund instrumentality that is at22 tributable to credit for service taken into account under

23 subsection (c) in the computation of the amount of the

24 severance pay so resumed.
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1 ‘‘(4) Paragraph (1) applies to a person who, on or

2 after January 1, 1987, moves without a break in service—

3 ‘‘(A) from employment in the Department of

4 Defense that is not employment in a defense

5 nonappropriated fund instrumentality to employment

6 in a defense nonappropriated fund instrumentality;

7 or

8 ‘‘(B) from employment in the Coast Guard that

9 is not employment in a Coast Guard

10 nonappropriated fund instrumentality to employment

11 in a Coast Guard nonappropriated fund instrumen12 tality.

13 ‘‘(5) The Secretary of Defense, in consultation with

14 the Secretary of Transportation, shall prescribe regula15 tions to carry out this subsection.

16 ‘‘(6) In this subsection:

17 ‘‘(A) The term ‘defense nonappropriated fund

18 instrumentality’ means a nonappropriated fund in19 strumentality of the Department of Defense.

20 ‘‘(B) The term ‘Coast Guard nonappropriated

21 fund instrumentality’ means a nonappropriated fund

22 instrumentality of the Coast Guard.

23 ‘‘(C) The term ‘nonappropriated fund instru24 mentality’ means a nonappropriated fund instrumen25 tality described in section 2105(c) of this title.’’.
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1 (b) APPLICABILITY.—Subsection (h) of section 5595

2 of title 5, United States Code, as added by subsection (a),

3 shall take effect on the date of the enactment of this Act

4 and apply with respect to pay periods that begin on or

5 after such date.

6 SEC. 334. RETIREMENT CREDIT FOR CERTAIN SERVICE IN

7 NONAPPROPRIATED FUND INSTRUMENTAL8 ITIES BEFORE JANUARY 1, 1987.

9 (a) CIVIL SERVICE RETIREMENT AND DISABILITY

10 SYSTEM.—Section 8332(b) of title 5, United States Code,

11 is amended—

12 (1) in paragraph (15) by striking out ‘‘and’’ at

13 the end;

14 (2) in paragraph (16) by striking out the period

15 at the end and inserting in lieu thereof ‘‘; and’’;

16 (3) by inserting after paragraph (16) the fol17 lowing new paragraph:

18 ‘‘(17) service that an individual performed as

19 an employee described in section 2105(c) of this title

20 for at least 12 months during the period beginning

21 on January 1, 1966, and ending on December 31,

22 1986, other than service creditable under section

23 8411(b)(5) of this title, if—

24 ‘‘(A) such service involved conducting a

25 program described in paragraph (16)(A);
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1 ‘‘(B) such individual was an employee sub2 ject to this subchapter or chapter 84 of this

3 title on January 1, 1994;

4 ‘‘(C) within 14 months after the date of

5 the enactment of the National Defense Author6 ization Act for Fiscal Year 1995, and in accord7 ance with regulations issued by the Office of

8 Personnel Management, the individual files ap9 propriate written application with the Office of

10 Personnel Management; and

11 ‘‘(D) the individual deposits to the credit

12 of the Fund for each period of such service the

13 amount (including interest) determined in ac14 cordance with the provisions of section 8334(c)

15 of this title that relate to employees.’’; and

16 (4) in the last sentence—

17 (A) by striking out ‘‘described in para18 graph (16)’’ and inserting in lieu thereof ‘‘de19 scribed in paragraphs (16) and (17)’’; and

20 (B) by striking out ‘‘for such appropriated

21 fund instrumentality’’ and inserting in lieu

22 thereof ‘‘for such nonappropriated fund instru23 mentality’’.

24 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

25 Section 8411 of such title is amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (3), by striking out

3 ‘‘and’’ at the end;

4 (B) in paragraph (4), by striking out the

5 period at the end and inserting in lieu thereof

6 ‘‘; and’’; and

7 (C) by inserting after paragraph (4) the

8 following new paragraph:

9 ‘‘(5) a period of service that an individual per10 formed as an employee described in section 2105(c)

11 of this title for at least 12 months during the period

12 beginning on January 1, 1966, and ending on De13 cember 31, 1986, if—

14 ‘‘(A) such service involved conducting a

15 program described in section 8332(b)(16)(A) of

16 this title;

17 ‘‘(B) upon an election to become subject to

18 this chapter under section 301 of the Federal

19 Employees’ Retirement System Act of 1986 (5

20 U.S.C. 8331 note), such service would (subject

21 to the making of required deposits) have been

22 creditable under this chapter pursuant to sub23 paragraph (B)(i) or (C) of section 302(a)(1) of

24 such Act had the service been performed as an
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1 employee subject to subchapter III of chapter

2 83 of this title;

3 ‘‘(C) such individual was an employee sub4 ject to this chapter on January 1, 1994;

5 ‘‘(D) within 14 months after the date of

6 the enactment of the National Defense Author7 ization Act for Fiscal Year 1995, and in accord8 ance with regulations issued by the Office of

9 Personnel Management, the individual files ap10 propriate written application with the Office of

11 Personnel Management; and

12 ‘‘(E) the individual makes the deposit or

13 deposits required by subsection (f).’’;

14 (2) in subsection (f)(2), by striking out ‘‘sub15 section (b)(3)’’ and inserting in lieu thereof ‘‘para16 graph (3) or (5) of subsection (b)’’; and

17 (3) by adding at the end the following new sub18 sections:

19 ‘‘(i) The Office of Personnel Management shall ac20 cept, for the purposes of this chapter, the certification of

21 the head of a nonappropriated fund instrumentality of the

22 United States concerning service of the type described in

23 subsection (b)(5) which was performed for such

24 nonappropriated fund instrumentality.
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1 ‘‘(j) In the case of an individual who has creditable

2 service under subsection (b)(5) for purposes of this chap3 ter and creditable service under section 8332(b)(17) for

4 purposes of subchapter III of chapter 83 of this title, and

5 has not previously made an election under section 301 of

6 the Federal Employees’ Retirement Act of 1986 (5 U.S.C.

7 8331 note) to become subject to this chapter, section 302

8 of such Act shall apply to such individual as if the individ9 ual had made a timely election under section 301(a)(2)

10 of such Act to become subject to this chapter effective on

11 the date on which the individual became subject to this

12 chapter (without regard to whether that date is before,

13 on, or after June 30, 1987).’’.

14 SEC. 335. TRAVEL, TRANSPORTATION, AND RELOCATION

15 EXPENSES OF EMPLOYEES TRANSFERRING

16 TO THE UNITED STATES POSTAL SERVICE.

17 (a) IN GENERAL.—(1) Subchapter II of chapter 57

18 of title 5, United States Code, is amended by adding at

19 the end the following:

20 ‘‘§ 5735. Travel, transportation, and relocation ex21 penses of employees transferring to the

22 United States Postal Service

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of law, employees of the Department of Defense de25 scribed in subsection (b) may be authorized travel, trans-
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1 portation, and relocation expenses and allowances in con2 nection with appointments referred to in such subsection

3 under the same conditions and to the same extent author4 ized by this subchapter for transferred employees.

5 ‘‘(b) COVERED EMPLOYEES.—Subsection (a) applies

6 to any employee of the Department of Defense who—

7 ‘‘(1) is scheduled for separation from the De8 partment, other than for cause;

9 ‘‘(2) is selected for appointment to a continuing

10 position with the United States Postal Service; and

11 ‘‘(3) accepts the appointment.’’.

12 (2) The table of sections at the beginning of such sub13 chapter is amended by adding at the end the following:

‘‘5735. Travel, transportation, and relocation expenses of employees transferring

to the United States Postal Service.’’.

14 (b) EFFECTIVE DATE.—The amendments made by

15 subsection (a) shall take effect on the date of the enact16 ment of this Act and apply to persons separated from em17 ployment by the Department of Defense on or after such

18 date.

19 SEC. 336. FOREIGN EMPLOYEES COVERED BY THE FOR20 EIGN NATIONAL EMPLOYEES SEPARATION

21 PAY ACCOUNT.

22 Section 1581 of title 10, United States Code, is

23 amended—
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1 (1) by striking out ‘‘foreign national employees

2 of the Department of Defense’’ each place it appears

3 in subsections (a) and (b) and inserting in lieu

4 thereof ‘‘foreign nationals referred to in subsection

5 (e)’’; and

6 (2) by striking out subsection (e) and inserting

7 in lieu thereof the following:

8 ‘‘(e) EMPLOYEES COVERED.—This section applies

9 only with respect to separation pay of foreign nationals

10 employed by the Department of Defense, and foreign na11 tionals employed by a foreign government for the benefit

12 of the Department of Defense, under any of the following

13 agreements that provide for payment of separation pay:

14 ‘‘(1) A contract.

15 ‘‘(2) A treaty.

16 ‘‘(3) A memorandum of understanding with a

17 foreign nation.’’.

18 SEC. 337. INCREASED AUTHORITY TO ACCEPT VOLUNTARY

19 SERVICES.

20 (a) EXPANSION OF AUTHORITY.—The text of section

21 1588 of title 10, United States Code, is amended to read

22 as follows:

23 ‘‘(a) AUTHORITY TO ACCEPT SERVICES.—Subject

24 subsection (b) and notwithstanding section 1342 of title
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1 31, the Secretary concerned may accept from any person

2 the following services:

3 ‘‘(1) Voluntary medical services, dental services,

4 nursing services, or other health-care related serv5 ices.

6 ‘‘(2) Voluntary services to be provided for a

7 museum or a natural resources program.

8 ‘‘(3) Voluntary services to be provided for pro9 grams providing services to members of the armed

10 forces and the families of such members, including

11 the following programs:

12 ‘‘(A) Family support programs.

13 ‘‘(B) Child development and youth services

14 programs.

15 ‘‘(C) Library and education programs.

16 ‘‘(D) Religious programs.

17 ‘‘(E) Housing referral programs.

18 ‘‘(F) Programs providing employment as19 sistance to spouses of such members.

20 ‘‘(b) REQUIREMENTS AND LIMITATIONS.—(1) The

21 Secretary concerned shall notify the person of the scope

22 of the services accepted.

23 ‘‘(2) With respect to a person providing voluntary

24 services accepted under subsection (a), the Secretary con25 cerned—
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1 ‘‘(A) shall—

2 ‘‘(i) supervise the person to the same ex3 tent as the Secretary would supervise a com4 pensated employee providing similar services;

5 and

6 ‘‘(ii) ensure that the person is licensed,

7 privileged, has appropriate credentials, or is

8 otherwise qualified under applicable law or reg9 ulations to provide such services; and

10 ‘‘(B) may not—

11 ‘‘(i) place the person in a policy-making

12 position; or

13 ‘‘(ii) except as provided subsection (e),

14 compensate the person for the provision of such

15 services.

16 ‘‘(c) AUTHORITY TO RECRUIT AND TRAIN PERSONS

17 PROVIDING SERVICES.—The Secretary concerned may re18 cruit and train persons to provide voluntary services ac19 cepted under subsection (a).

20 ‘‘(d) STATUS OF PERSONS PROVIDING SERVICES.—

21 (1) Subject to paragraph (3), while providing voluntary

22 services accepted under subsection (a) or receiving train23 ing under subsection (c) a person, other than a person

24 referred to in paragraph (2), shall be considered to be an
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1 employee of the Federal Government only for purposes of

2 the following provisions of law:

3 ‘‘(A) Subchapter I of chapter 81 of title 5, re4 lating to compensation for work-related injuries.

5 ‘‘(B) Section 2733 of this title and section 2733

6 of title 28, relating to claims for damages or loss.

7 ‘‘(C) Section 522a of title 5, relating to mainte8 nance of records on individuals.

9 ‘‘(D) Chapter 11 of title 18, relating to con10 flicts of interest.

11 ‘‘(2) Subject to paragraph (3), while providing a

12 nonappropriated fund instrumentality of the United

13 States with voluntary services accepted under subsection

14 (a), or receiving training under subsection (c) to provide

15 such an instrumentality with services accepted under sub16 section (a), a person shall be considered an employee of

17 that instrumentality only for the following purposes:

18 ‘‘(A) Subchapter II of chapter 81 of title 5, re19 lating to compensation of nonappropriated fund em20 ployees for work-related injuries.

21 ‘‘(B) Section 2733 of this title and section 2733

22 of title 28, relating to tort claims.

23 ‘‘(3) A person providing voluntary services accepted

24 under subsection (a) shall be considered to be an employee

25 of the Federal Government under paragraph (1) or (2)
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1 only with respect to services that are within the scope of

2 the services so accepted.

3 ‘‘(4) For purposes of determining the compensation

4 for work-related injuries payable under chapter 81 of title

5 5 (pursuant to this subsection) to a person providing vol6 untary services accepted under subsection (a), the monthly

7 pay of the person for such services shall be deemed to be

8 the amount determined by multiplying—

9 ‘‘(A) the average monthly number of hours that

10 the person provided the services, by

11 ‘‘(B) the minimum wage determined in accord12 ance with section 6(a)(1) of the Fair Labor Stand13 ards Act of 1938 (29 U.S.C. 206(a)(1)).

14 ‘‘(e) REIMBURSEMENT OF INCIDENTAL EXPENSES.—

15 The Secretary concerned may provide for reimbursement

16 of a person for incidental expenses incurred by the person

17 in providing voluntary services accepted under subsection

18 (a). The Secretary shall determine which expenses are eli19 gible for reimbursement under this subsection. Any such

20 reimbursement may be made from appropriated or

21 nonappropriated funds.’’.

22 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

23 (1) Section 8171(a) of title 5, United States Code, is

24 amended by inserting ‘‘, or to a volunteer providing such

25 an instrumentality with services accepted under section
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1 1588 of title 10,’’ after ‘‘described by section 2105(c) of

2 this title’’.

3 (2) Subchapter II of chapter 81 of such title is

4 amended—

5 (A) in section 8171—

6 (i) in subsection (a)—

7 (I) by striking out ‘‘Chapter 18 of

8 title 33’’ in the first sentence and inserting

9 in lieu thereof ‘‘The Longshore and Har10 bor Workers’ Compensation Act (33

11 U.S.C. 901 et seq.)’’;

12 (II) by striking out ‘‘section 902(2) of

13 title 33’’ in the first sentence and inserting

14 in lieu thereof ‘‘section 2(2) of such Act

15 (33 U.S.C. 902(2))’’; and

16 (III) by striking out ‘‘section 903(a)

17 of title 33 which follows the first comma’’

18 in the second sentence and inserting in lieu

19 thereof ‘‘section 3(a) of such Act (33

20 U.S.C. 903(3)) which follows the second

21 comma’’;

22 (ii) in subsection (b), by striking out ‘‘sec23 tion 902(4) of title 33’’ and inserting in lieu

24 thereof ‘‘section 2(4) of the Longshore and
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1 Harbor Workers’ Compensation Act (33 U.S.C.

2 902(4))’’;

3 (iii) in subsection (c)(1), by striking out

4 ‘‘section 939(b) of title 33’’ and inserting in

5 lieu thereof ‘‘39(b) of the Longshore and Har6 bor Workers’ Compensation Act (33 U.S.C.

7 939(b))’’; and

8 (iv) in subsection (d), by striking out ‘‘sec9 tions 918 and 921 of title 33’’ and inserting in

10 lieu thereof ‘‘sections 18 and 21 of the

11 Longshore and Harbor Workers’ Compensation

12 Act (33 U.S.C. 18 and 21, respectively)’’; and

13 (B) by striking out ‘‘section 902(2) of title 33’’

14 in sections 8172 and 8173 and inserting in lieu

15 thereof ‘‘section 2(2) of the Longshore and Harbor

16 Workers’ Compensation Act (33 U.S.C. 2(2))’’.

17 Subtitle E—Other Matters

18 SEC. 341. CHANGE OF SOURCE FOR PERFORMANCE OF

19 DEPOT-LEVEL WORKLOADS.

20 The text of section 2469 of title 10, United States

21 Code, is amended to read as follows:

22 ‘‘(a) REQUIREMENT FOR COMPETITION.—The Sec23 retary of Defense shall ensure that the performance of a

24 depot-level maintenance workload described in subsection

25 (b) is not changed to performance by a contractor or by
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1 another depot-level maintenance activity of the Depart2 ment of Defense unless the change is made using—

3 ‘‘(1) merit-based selection procedures for com4 petitions among all depot-level maintenance activities

5 of the Department of Defense; or

6 ‘‘(2) competitive procedures for competitions

7 among private and public sector entities.

8 ‘‘(b) SCOPE.—Subsection (a) applies to any depot9 level maintenance workload that has a value of not less

10 than $3,000,000 and is being performed by a depot-level

11 activity of the Department of Defense.

12 ‘‘(c) INAPPLICABILITY OF OMB CIRCULAR A–76.—

13 Office of Managment and Budget Circular A–76 does not

14 apply to a performance change to which subsection (a) ap15 plies.’’.

16 SEC. 342. CIVIL AIR PATROL.

17 (a) PROVISION OF FUNDS.—Subsection (b) of section

18 9441 of title 10, United States Code, is amended—

19 (1) by redesignating paragraphs (8), (9), (10),

20 and (11) as paragraphs (9), (10), (11), and (12), re21 spectively; and

22 (2) by inserting after paragraph (7) the follow23 ing new paragraph (8):

24 ‘‘(8) provide funds for the national head25 quarters of the Civil Air Patrol, including funds for
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1 the payment of staff compensation and benefits, ad2 ministrative expenses, travel, per diem and allow3 ances, rent and utilities, and other operational ex4 penses;’’.

5 (b) LIAISONS.—Such section is further amended by

6 adding at the end the following new subsection:

7 ‘‘(d)(1) The Secretary of the Air Force may authorize

8 the Civil Air Patrol to employ, as administrators and liai9 son officers, persons retired from service in the Air Force

10 whose qualifications are approved under regulations pre11 scribed by the Secretary and who request such employ12 ment.

13 ‘‘(2) A person employed pursuant to paragraph (1)

14 may receive the person’s retired pay and an additional

15 amount for such employment that is not more than the

16 difference between the person’s retired pay and the pay

17 and allowances the person would be entitled to receive if

18 ordered to active duty in the grade in which the person

19 retired from service in the Air Force. The additional

20 amount shall be paid to the Civil Air Patrol by the Sec21 retary from funds appropriated for that purpose.

22 ‘‘(3) A person employed pursuant to paragraph (1)

23 may not, while so employed, be considered to be on active

24 duty or inactive-duty training for any purpose.’’.
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1 SEC. 343. ARMED FORCES RETIREMENT HOME.

2 (a) INCREASED MAXIMUM LIMITATION ON DEDUC3 TIONS FROM PAY.—Section 1007(i) of title 37, United

4 States Code, is amended—

5 (1) in paragraph (1), by striking out ‘‘50

6 cents’’ and inserting in lieu thereof ‘‘$2.00’’; and

7 (2) in paragraph (3), by adding at the end the

8 following: ‘‘The amount fixed for a grade or length

9 of service may not be increased by more than 50

10 cents during any 12-month period.’’.

11 (b) MODIFICATION OF FEES PAID BY RESIDENTS.—

12 (1) Paragraph (2) of section 1514(c) of the Armed Forces

13 Retirement Home Act of 1991 (24 U.S.C. 414(c)) is

14 amended to read as follows:

15 ‘‘(2) The fee shall be fixed as a percentage of the

16 monthly income and monthly payments (including Federal

17 payments) received by a resident, subject to such adjust18 ments in the fee as the Retirement Home Board may

19 make under paragraph (1). The percentage shall be the

20 same for each establishment of the Retirement Home.’’.

21 (2)(A) Subsections (d) and (e) of section 1514 of

22 such Act are repealed.

23 (B) Such section is further amended by adding after

24 subsection (c) the following new subsection (d):

25 ‘‘(d) APPLICATION OF FEES.—Subject to such ad26 justments in the fee as the Retirement Home Board may
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1 make under subsection (c), each resident of the Retire2 ment Home shall be required to pay a monthly fee equal

3 to the amount determined by multiplying the total amount

4 of all monthly income and monthly payments (including

5 Federal payments) received by the resident by a percent6 age as follows:

7 ‘‘(1) In the case of a permanent health care

8 resident—

9 ‘‘(A) in fiscal year 1998, 35 percent;

10 ‘‘(B) in fiscal year 1999, 45 percent; and

11 ‘‘(C) in fiscal year 2000, 65 percent.

12 ‘‘(2) In the case of a resident who is not a per13 manent health care resident—

14 ‘‘(A) in fiscal year 1998, 30 percent;

15 ‘‘(B) in fiscal year 1999, 35 percent; and

16 ‘‘(C) in fiscal year 2000, 40 percent.

17 (c) MODERNIZATION OF FACILITIES.—(1) The

18 Chairman of the Armed Forces Retirement Home Board

19 shall carry out a study to identify and evaluate alter20 natives for modernization of the facilities at the United

21 States Soldiers’ and Airmen’s Home.

22 (2) The Chairman shall submit an interim report and

23 a final report on the results of the study to the Commit24 tees on Armed Services of the Senate and House of Rep25 resentatives. The Chairman shall submit the interim re-
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1 port not later than April 1, 1995, and the final report

2 not later than December 31, 1995.

3 (d) EFFECTIVE DATES.—(1) The amendments made

4 by subsection (a) shall take effect on January 1, 1995,

5 and apply to years that begin on or after that date.

6 (2) The amendments made by subsection (b) shall

7 take effect October 1, 1997.

8 SEC. 344. CLARIFICATION OF AUTHORITY TO PROVIDE

9 MEDICAL TRANSPORTATION UNDER NA10 TIONAL GUARD PILOT PROGRAM.

11 Paragraph (1) of section 376(h) of the National De12 fense Authorization Act for Fiscal Year 1993 (32 U.S.C.

13 501 note) is amended to read as follows:

14 ‘‘(1) The term ‘health care’ includes the follow15 ing services:

16 ‘‘(A) Medical care services.

17 ‘‘(B) Dental care services.

18 ‘‘(C) Transportation, by air ambulance or

19 other means, for medical reasons.’’.

20 SEC. 345. ARMS INITIATIVE LOAN GUARANTEE PROGRAM.

21 (a) PROGRAM AUTHORIZED.—Subject to subsection

22 (b), the Secretary of the Army may carry out a loan guar23 antee program to encourage commercial firms to use am24 munition manufacturing facilities pursuant to section 193

25 of the Armament Retooling and Manufacturing Support
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1 Act of 1992 (subtitle H of title I of Public Law 102–484;

2 106 Stat. 2348). Under such program, the Secretary may

3 guarantee the repayment of any loan made to a commer4 cial firm to fund, in whole or in part, the establishment

5 of a commercial activity under the Act.

6 (b) ADVANCED BUDGET AUTHORITY.—Loan guaran7 tees under this section may not be committed except to

8 the extent that appropriations of budget authority to cover

9 their costs are made in advance, as required by section

10 504 of the Federal Credit Reform Act of 1990 (title V

11 of the Congressional Budget Act of 1974; 2 U.S.C. 661c).

12 (c) PROGRAM ADMINISTRATION.—(1) The Secretary

13 may enter into agreements with the Administrator of the

14 Small Business Administration, the Administrator of the

15 Farmers Home Administration, and the Administrator of

16 the Rural Development Administration under which such

17 Administrators may, under this section—

18 (A) process applications for loan guarantees;

19 (B) guarantee repayment of loans; and

20 (C) provide any other services to the Secretary

21 to administer the loan guarantee program.

22 (2) Each Administrator may guarantee loans under

23 this section to commercial firms of any size, notwithstand24 ing any size limitations imposed on other loan guarantee

25 programs that the Administrator administers.
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1 (3) To the extent practicable, each Administrator

2 shall use the same procedures for processing loan guaran3 tee applications under this section as the Administrator

4 uses for processing loan guarantee applications under

5 other loan guarantee programs that the Administrator

6 administers.

7 (d) LOAN LIMITS.—Loan guarantees under this sec8 tion may not exceed—

9 (1) $20,000,000 for any borrower; and

10 (2) $65,000,000 for all borrowers.

11 (e) TRANSFER OF FUNDS.—The Secretary of the

12 Army may transfer to an Administrator providing services

13 under subsection (c), and an Administrator may accept,

14 such funds as may be necessary to administer the loan

15 guarantee program under this section.

16 (f) REPORTING REQUIREMENT.—Not later than July

17 1 of each year in which a guarantee issued under this sec18 tion is in effect, the Secretary shall submit to the congres19 sional defense committees a report containing the amounts

20 of loans guaranteed under this section during the preced21 ing calendar year. No report is required after fiscal year

22 1997.

23 (g) AUTHORIZATION FOR USE OF EXISTING BUDGET

24 AUTHORITY.—Funds appropriated for the Armament Re25 tooling and Manufacturing Support Initiative by title III
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1 of Public Law 102–396 under the heading ‘‘PROCURE2 MENT OF AMMUNITION, ARMY’’ (106 Stat. 1887) may be

3 made available for loan guarantees under this section only

4 to the extent provided in an appropriations Act enacted

5 after the date of the enactment of this Act.

6 (h) EXTENSION OF AUTHORITY.—Section 193(a) of

7 the Armament Retooling and Manufacturing Support Act

8 of 1992 (subtitle H of title I of Public Law 102–484; 106

9 Stat. 2348) is amended by striking out ‘‘During fiscal

10 years 1993 and 1994,’’ and inserting in lieu thereof ‘‘Dur11 ing fiscal years 1993 through 1996,’’.

12 SEC. 346. REAUTHORIZATION OF DEPARTMENT OF DE13 FENSE DOMESTIC ELEMENTARY AND SEC14 ONDARY SCHOOLS FOR DEPENDENTS.

15 (a) CONTINUED AUTHORITY.—Chapter 108 of title

16 10, United States Code, is amended by adding at the end

17 the following new section:

18 ‘‘§ 2164. Department of Defense domestic dependent

19 elementary and secondary schools

20 ‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary

21 of Defense makes a determination that appropriate edu22 cational programs are not available through a local edu23 cational agency for dependents of members of the armed

24 forces and dependents of civilian employees of the Federal

25 Government residing on a military installation in the Unit-
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1 ed States (including territories, commonwealths, and pos2 sessions of the United States), the Secretary may provide

3 for the elementary or secondary education of the depend4 ents of such members of the armed forces and, to the ex5 tent authorized in subsection (c), the dependents of such

6 civilian employees.

7 ‘‘(b) FACTORS FOR SECRETARY TO CONSIDER.—(1)

8 Factors to be considered by the Secretary of Defense in

9 making a determination under subsection (a) shall include

10 the following:

11 ‘‘(A) The extent to which such dependents are

12 eligible for free public education in the local area ad13 jacent to the military installation.

14 ‘‘(B) The extent to which the local educational

15 agency is able to provide a comparable educational

16 program for such dependents.

17 ‘‘(2) For purposes of paragraph (1)(B), an appro18 priate educational program is a program that, as deter19 mined by the Secretary, is comparable to a program of

20 free public education provided for children in the following

21 communities:

22 ‘‘(A) In the case of a military installation lo23 cated in a State (other than an installation referred

24 to in subparagraph (B)), similar communities in the

25 State.
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1 ‘‘(B) In the case of a military installation with

2 boundaries contiguous to two or more States, similar

3 communities in the contiguous States.

4 ‘‘(C) In the case of a military installation lo5 cated in a territory, commonwealth, or possession,

6 the District of Columbia, except that an educational

7 program determined comparable under this subpara8 graph may be considered appropriate for the pur9 poses of paragraph (1)(B) only if the program is

10 conducted in the English language.

11 ‘‘(c) ELIGIBILITY OF DEPENDENTS OF FEDERAL

12 EMPLOYEES.—(1) A dependent of a Federal employee re13 siding on a military installation at any time during the

14 school year may enroll in an educational program provided

15 by the Secretary of Defense pursuant to subsection (a)

16 for dependents residing on such installation.

17 ‘‘(2)(A) Except as provided in subparagraph (B), a

18 dependent of a Federal employee who is enrolled in an

19 educational program provided by the Secretary pursuant

20 to subsection (a) and who is not residing on a military

21 installation may be enrolled in the program for not more

22 than five consecutive school years.

23 ‘‘(B) A dependent referred to in subparagraph (A)

24 may be enrolled in the program for more than five con25 secutive school years if the Secretary determines that, in
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1 the interest of the dependent’s educational well-being,

2 there is good cause to extend the enrollment for more than

3 the five-year period described in such subparagraph. Any

4 such extension may be made for only one school year at

5 a time.

6 ‘‘(3) A dependent of a Federal employee may con7 tinue enrollment in a program under this subsection for

8 the remainder of a school year notwithstanding a change

9 during such school year in the status of the Federal em10 ployee that, except for this paragraph, would otherwise

11 terminate the eligibility of the dependent to be enrolled

12 in the program. The preceding sentence does not limit the

13 authority of the Secretary to remove the dependent from

14 enrollment in the program at any time for good cause de15 termined by the Secretary.

16 ‘‘(d) SCHOOL BOARDS.—(1) The Secretary of De17 fense shall provide for the establishment of a school board

18 for each Department of Defense elementary or secondary

19 school established for a military installation under this

20 section.

21 ‘‘(2) The school board shall be composed of the num22 ber of members, not less than three, prescribed by the

23 Secretary.
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1 ‘‘(3) The parents of the students attending the school

2 shall elect the school board in accordance with procedures

3 which the Secretary shall prescribe.

4 ‘‘(4) The elected school board shall be considered a

5 local civic group with a function of rendering a public serv6 ice of providing counsel through oversight of school ex7 penditures and operations. The Secretary shall prescribe

8 the oversight procedures and audit standards applicable

9 to the functions of the school board.

10 ‘‘(5) Meetings conducted by the school board shall be

11 open to the public.

12 ‘‘(6) A school board need not comply with the provi13 sions of the Federal Advisory Committee Act (5 U.S.C.

14 App.), but may close meetings in accordance with such

15 Act.

16 ‘‘(e) ADMINISTRATION AND STAFF.—(1) The Sec17 retary of Defense may enter into such arrangements as

18 may be necessary to provide educational programs at the

19 school.

20 ‘‘(2) The Secretary may, without regard to the provi21 sions of any other law relating to the number, classifica22 tion, or compensation of employees—

23 ‘‘(A) establish such positions for civilian em24 ployees in schools established under this section;

25 ‘‘(B) appoint individuals to such positions; and
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1 ‘‘(C) fix the compensation of such individuals

2 for service in such positions.

3 ‘‘(3)(A) Except as provided in subparagraph (B), in

4 fixing the compensation of employees appointed for a

5 school pursuant to paragraph (2), the Secretary shall con6 sider—

7 ‘‘(i) the compensation of comparable employees

8 of the local educational agency in the capital of the

9 State where the military installation is located;

10 ‘‘(ii) the compensation of comparable employees

11 in the local educational agency that provides public

12 education to students who reside adjacent to the

13 military installation; or

14 ‘‘(iii) the average compensation for similar posi15 tions in not more than three other local educational

16 agencies in the State in which the military installa17 tion is located.

18 ‘‘(B) In fixing the compensation of employees in

19 schools established in the territories, commonwealths, and

20 possessions pursuant to the authority of this section, the

21 Secretary shall determine the level of compensation re22 quired to attract qualified employees. For employees in

23 such schools, the Secretary, without regard to the provi24 sions of title 5, may provide for the tenure, leave, hours

25 of work, and other incidents of employment to be similar
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1 to that provided for comparable positions in the public

2 schools of the District of Columbia. For purposes of the

3 first sentence, a school shall be considered to have been

4 established pursuant to the authority of this section if the

5 school was established pursuant to other similar authority

6 before the date on which this section takes effect.

7 ‘‘(f) SUBSTANTIVE AND PROCEDURAL RIGHTS AND

8 PROTECTIONS FOR CHILDREN.—(1) The Secretary shall

9 provide the following substantive rights, protections, and

10 procedural safeguards (including due process procedures)

11 in the educational programs provided for under this

12 section:

13 ‘‘(A) In the case of children with disabilities

14 aged 3 to 5, inclusive, all substantive rights, protec15 tions, and procedural safeguards (including due

16 process procedures) available to children with dis17 abilities aged 3 to 5, inclusive, under part B of the

18 Individuals with Disabilities Education Act (20

19 U.S.C. 1411 et seq.).

20 ‘‘(B) In the case of infants and toddlers with

21 disabilities, all substantive rights, protections, and

22 procedural safeguards (including due process proce23 dures) available to infants and toddlers with disabil24 ities under part H of such Act (20 U.S.C. 1471 et

25 seq.).
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1 ‘‘(C) In the case of all other children with dis2 abilities, all substantive rights, protections, and pro3 cedural safeguards (including due process proce4 dures) available to children with disabilities who are

5 3 to 5 years old under part B of such Act.

6 ‘‘(2) Paragraph (1) may not be construed as dimin7 ishing for children with disabilities enrolled in day edu8 cational programs provided for under this section the ex9 tent of substantive rights, protections, and procedural

10 safeguards that were available under section 6(a) of Public

11 Law 81–874 (20 U.S.C. 241(a)) to children with disabil12 ities as of October 7, 1991.

13 ‘‘(3) In this subsection:

14 ‘‘(A) The term ‘children with disabilities’ has

15 the meaning given the term in section 602(a)(1) of

16 the Individuals with Disabilities Education Act (20

17 U.S.C. 1401(a)(1)).

18 ‘‘(B) The term ‘children with disabilities aged 3

19 to 5, inclusive’ means such term as used in such Act

20 (20 U.S.C. 1400 et seq.).

21 ‘‘(C) The term ‘infants and toddlers with dis22 abilities’ has the meaning given the term in section

23 672(1) of such Act (20 U.S.C. 1472(1)).

24 ‘‘(g) REIMBURSEMENT.—When the Secretary of De25 fense provides educational services under this section to
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1 an individual who is a dependent of an employee of a Fed2 eral agency outside the Department of Defense, the head

3 of the other Federal agency shall, upon request of the Sec4 retary of Defense, reimburse the Secretary for those serv5 ices at rates routinely prescribed by the Secretary for

6 those services. Any payments received by the Secretary

7 under this subsection shall be credited to the account des8 ignated by the Secretary for the operation of educational

9 programs under this section.’’.

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

11 at the beginning of such chapter is amended by adding

12 at the end the following new item:

‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

13 SEC. 347. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

14 THAT BENEFIT DEPENDENTS OF MEMBERS

15 OF THE ARMED FORCES AND DEPARTMENT

16 OF DEFENSE CIVILIAN EMPLOYEES.

17 (a) AVAILABILITY OF FUNDS.—Of the amounts au18 thorized to be appropriated pursuant to section 301(5)—

19 (1) $50,000,000 shall be available for providing

20 assistance to local educational agencies under sub21 section (b) of section 386 of Public Law 102–484;

22 and
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1 (2) $8,000,000 shall be available for making

2 payments to local educational agencies under sub3 section (d) of such section.

4 (b) NOTIFICATION AND DISBURSAL.—(1) On or be5 fore June 30, 1995, the Secretary of Defense (with respect

6 to assistance provided in subsection (b) of section 386 of

7 Public Law 102–484) and the Secretary of Education

8 (with respect to payments made under subsection (d) of

9 such section) shall notify each local educational agency eli10 gible for assistance under subsections (b) and (d) of such

11 section, respectively, for fiscal year 1995 of such agency’s

12 eligibility for such assistance and the amount of such

13 assistance.

14 (2) The Secretary of Defense (with respect to funds

15 made available under subsection (a)(1)) and the Secretary

16 of Education (with respect to funds made available under

17 subsection (a)(2)) shall disburse such funds not later than

18 30 days after notification to eligible local education

19 agencies.

20 SEC. 348. DISPOSITION OF PROCEEDS FROM OPERATION

21 OF THE NAVAL ACADEMY LAUNDRY.

22 Section 6971 of title 10, United States Code, is

23 amended—

24 (1) in subsection (a)—

25 (A) by striking out ‘‘(a)’’; and
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1 (B) in the first sentence, by striking out

2 ‘‘and the Academy dairy’’ and inserting in lieu

3 thereof ‘‘the Academy dairy, and the Academy

4 laundry’’; and

5 (2) by striking out subsection (b).

6 SEC. 349. REPEAL OF ANNUAL LIMITATION ON EXPENDI7 TURES FOR EMERGENCY AND EXTRAOR8 DINARY EXPENSES OF THE DEPARTMENT OF

9 DEFENSE INSPECTOR GENERAL.

10 Section 127(c) of title 10, United States Code, is

11 amended—

12 (1) by striking out ‘‘(1)’’ after ‘‘(c)’’; and

13 (2) by striking out paragraph (2).

14 SEC. 350. EXTENSION OF AUTHORITY FOR PROGRAM TO

15 COMMEMORATE WORLD WAR II.

16 Section 378 of the National Defense Authorization

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

18 2387; 10 U.S.C. 113 note) is amended by striking out

19 ‘‘1995’’ each place it appears in subsections (a) and (b)

20 and inserting in lieu thereof ‘‘1996’’.
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1 SEC. 351. EXTENSION OF AUTHORITY FOR AVIATION DE2 POTS AND NAVAL SHIPYARDS TO ENGAGE IN

3 DEFENSE-RELATED PRODUCTION AND SERV4 ICES.

5 Section 1425(e) of the National Defense Authoriza6 tion Act for Fiscal Year 1991 (Public Law 101–510), as

7 amended by section 370(b) of Public Law 103–160 (107

8 Stat. 1634), is further amended by striking out ‘‘Septem9 ber 30, 1994’’ and inserting in lieu thereof ‘‘September

10 30, 1995’’.

11 SEC. 352. TRANSFER OF CERTAIN EXCESS DEPARTMENT OF

12 DEFENSE PROPERTY TO EDUCATIONAL IN13 STITUTIONS AND TRAINING SCHOOLS.

14 (a) AUTHORITY TO TRANSFER.—Subsection (b)(1)

15 of section 2535(b) of title 10, United States Code, is

16 amended—

17 (1) in subparagraph (F), by striking out ‘‘and’’;

18 (2) by redesignating subparagraph (G) as sub19 paragraph (H); and

20 (3) by inserting after subparagraph (F) the fol21 lowing new subparagraph (G):

22 ‘‘(G) notwithstanding title II of the Federal

23 Property and Administrative Services Act of 1949

24 (40 U.S.C. 481 et seq.) and any other provision of

25 law, authorize the transfer, on a nonreimbursable

26 basis, of any such property to any nonprofit edu-
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1 cational institution or training school whenever the

2 program proposed by such institution or school for

3 the use of such property will contribute materially to

4 national defense; and’’.

5 (b) TREATMENT OF PROPERTY LOANED BEFORE

6 SEPTEMBER 30, 1993.—Except for property determined

7 by the Secretary to be needed by the Department of De8 fense, property loaned before September 30, 1993, to an

9 educational institution or training school under section

10 2535(b) of title 10, United States Code, or section 4(a)(7)

11 of the Defense Industrial Reserve Act (as in effect before

12 October 23, 1992) shall be regarded as surplus property.

13 Upon certification by the Secretary to the Administrator

14 of General Services that the property is being used by the

15 borrowing educational institution or training school for a

16 purpose consistent with that for which the property was

17 loaned, the Administrator may authorize the conveyance

18 of all right, title, and interest of the United States in such

19 property to the borrower if the borrower agrees to accept

20 the property. The Administrator may require any addi21 tional terms and conditions in connection with a convey22 ance so authorized that the Administrator considers ap23 propriate to protect the interests of the United States.
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1 SEC. 353. SHIPS’ STORES.

2 Section 371 of the National Defense Authorization

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

4 1634; 10 U.S.C. 7604 note) is amended—

5 (1) by striking out subsections (a), (b), and (d);

6 and

7 (2) in subsection (c), by striking out ‘‘(c) CODI8 FICATION.—Section 7604’’ and inserting in lieu

9 thereof ‘‘Effective as of November 30, 1993, section

10 7604’’.

11 SEC. 354. HUMANITARIAN PROGRAM FOR CLEARING LAND12 MINES.

13 (a) PROGRAM AUTHORIZED.—The Secretary of De14 fense may carry out a program for humanitarian purposes

15 to provide for the instruction, education, training, and ad16 vising of personnel of other nations in the various proce17 dures that have been determined effective for detecting

18 and clearing landmines.

19 (b) FORMS OF ASSISTANCE.—Under the program the

20 Secretary may provide personnel to conduct the instruc21 tion, education, or training or to furnish advice. In addi22 tion or alternatively, the Secretary may provide financial

23 assistance or in-kind assistance in support of such instruc24 tion, education, or training.
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1 (c) LIMITATIONS ON ACTIONS OF UNITED STATES

2 PERSONNEL.—The Secretary of Defense shall ensure that

3 no member of the Armed Forces of the United States—

4 (1) while providing assistance under subsection

5 (a), engages in the physical detection, lifting, or de6 stroying of landmines unless the member does so for

7 the concurrent purpose of supporting a United

8 States military operation; or

9 (2) provides such assistance as part of a mili10 tary operation that does not involve the Armed

11 Forces of the United States.

12 (d) FUNDING.—Of the funds authorized to be appro13 priated in section 301, not more than $10,000,000 shall

14 be available for a program carried out under subsection

15 (a).

16 SEC. 355. ASSISTANCE TO RED CROSS FOR EMERGENCY

17 COMMUNICATIONS SERVICES FOR MEMBERS

18 OF THE ARMED FORCES AND THEIR FAMI19 LIES.

20 (a) FISCAL YEAR 1995.—Of the funds authorized to

21 be appropriated by section 301(5), $14,500,000 shall be

22 available for obtaining emergency communications services

23 for members of the Armed Forces and their families from

24 the American National Red Cross.
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1 (b) FISCAL YEARS 1996 AND 1997.—Of the amounts

2 authorized to be appropriated for the Department of De3 fense for fiscal years 1996 and 1997 for operation and

4 maintenance for Defense-wide activities, $14,500,000

5 shall be available for each such fiscal year for obtaining

6 emergency communications services for members of the

7 Armed Forces and their families from the American Na8 tional Red Cross.

9 SEC. 356. MARITIME PREPOSITIONING SHIP ENHANCE10 MENT.

11 Section 2218 of title 10, United States Code, is

12 amended by adding at the end of subsection (f) the follow13 ing new paragraph:

14 ‘‘(3) Not more than three vessels built in foreign

15 shipyards may be purchased for the Marine Corps mari16 time prepositioning ship program with funds in the Na17 tional Defense Sealift Fund. Vessels purchased under the

18 authority of this paragraph may not be counted for pur19 poses of the limitation in paragraph (1).’’.

20 TITLE IV—MILITARY

21 PERSONNEL AUTHORIZATIONS

22 Subtitle A—Active Forces

23 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

24 The Armed Forces are authorized strengths for active

25 duty personnel as of September 30, 1995, as follows:
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1 (1) The Army, 510,000.

2 (2) The Navy, 441,641.

3 (3) The Marine Corps, 174,000.

4 (4) The Air Force, 400,051.

5 SEC. 402. EXTENSION OF TEMPORARY VARIATION OF END

6 STRENGTH LIMITATIONS FOR MARINE CORPS

7 MAJORS AND LIEUTENANT COLONELS.

8 (a) EXTENSION OF AUTHORITY.—Subsection (a) of

9 section 402 of the National Defense Authorization Act for

10 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1639;

11 10 U.S.C. 523 note) is amended by striking out ‘‘and

12 1995’’ and inserting in lieu thereof ‘‘through 1997’’

13 (b) LIMITATION.—The table in subsection (b) of such

14 section is amended to read as follows:

‘‘Fiscal year:

Number of officers who may be serving

on active duty in the grade of:

Major Lieutenant colonel

1994 .............................................. 3,023 1,578

1995 .............................................. 3,157 1,634

1996 .............................................. 3,157 1,634

1997 .............................................. 3,157 1,634.’’.

15 (c) CLERICAL AMENDMENT.—The caption of sub16 section (b) of such section is amended by striking out

17 ‘‘AND 1995.—’’ and inserting in lieu thereof ‘‘THROUGH

18 1997.—’’.
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1 SEC. 403. RETENTION OF AUTHORIZED STRENGTH OF GEN2 ERAL OFFICERS ON ACTIVE DUTY IN THE MA3 RINE CORPS FOR FISCAL YEARS AFTER FIS4 CAL YEAR 1995.

5 Section 526(a)(4) of title 10, United States Code, is

6 amended by striking out ‘‘before October 1, 1995,’’ and

7 all that follows through ‘‘that date’’.

8 SEC. 404. EXCEPTION TO LIMITATION ON NUMBER OF GEN9 ERAL OFFICERS AND FLAG OFFICERS SERV10 ING ON ACTIVE DUTY.

11 Section 525(b) of title 10, United States Code, is

12 amended by adding at the end the following new para13 graph:

14 ‘‘(5)(A) Subject to subparagraph (C), an officer while

15 serving in a position referred to in subparagraph (B), if

16 serving in the grade of general or admiral, is in addition

17 to the number that would otherwise be permitted for that

18 officer’s armed force for that grade under paragraph (1)

19 or (2).

20 ‘‘(B) Subparagraph (A) applies to the following posi21 tions:

22 ‘‘(i) Commander in Chief of a combatant com23 mand.

24 ‘‘(ii) Commander, United States Forces, Korea.

25 ‘‘(iii) Deputy Commander in Chief, United

26 States European Command, but only while the Com-
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1 mander in Chief of such command is also the Su2 preme Allied Commander Europe.

3 ‘‘(C) Subparagraph (A) does not apply to an officer

4 serving in a position referred to in subparagraph (B) un5 less the Secretary of Defense, when considering that offi6 cer for recommendation to the President for appointment

7 to such position, concurrently considered one officer from

8 each of the other armed forces (other than the Coast

9 Guard) for recommendation to the President for appoint10 ment to the position.

11 ‘‘(D) The Chairman of the Joint Chiefs of Staff may

12 recommend officers to the Secretary of Defense for consid13 eration by the President for appointment to any of the

14 positions referred to in subparagraph (B).

15 ‘‘(E) This paragraph shall cease to be effective at the

16 end of September 30, 1997.’’.

17 SEC. 405. TEMPORARY EXCLUSION OF SUPERINTENDENT

18 OF NAVAL ACADEMY FROM COUNTING TO19 WARD NUMBER OF SENIOR ADMIRALS AU20 THORIZED TO BE ON ACTIVE DUTY.

21 (a) GRADE RELIEF.—If the next officer appointed to

22 serve as Superintendent of the United States Naval Acad23 emy after April 1, 1994, is an officer described in sub24 section (b), that officer, while so serving, shall not be
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1 counted for purposes of the limitations contained in sec2 tion 525(b)(2) of title 10, United States Code.

3 (b) QUALIFYING OFFICER.—Subsection (a) applies in

4 the case of a retired officer who—

5 (1) holds the grade of admiral on the retired

6 list;

7 (2) is ordered to active duty pursuant to section

8 688 of title 10, United States Code, to serve as Su9 perintendent of the United States Naval Academy;

10 and

11 (3) is appointed pursuant to section 601 of that

12 title to have the grade of admiral while serving on

13 active duty in that position.

14 Subtitle B—Reserve Forces

15 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

16 (a) IN GENERAL.—The Armed Forces are authorized

17 strengths for Selected Reserve personnel of the reserve

18 components as of September 30, 1995, as follows:

19 (1) The Army National Guard of the United

20 States, 400,000.

21 (2) The Army Reserve, 242,000.

22 (3) The Naval Reserve, 109,000.

23 (4) The Marine Corps Reserve, 42,000.

24 (5) The Air National Guard of the United

25 States, 115,581.
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1 (6) The Air Force Reserve, 78,706.

2 (7) The Coast Guard Reserve, 8,000.

3 (b) WAIVER AUTHORITY.—The Secretary of Defense

4 may increase the end strength authorized by subsection

5 (a) by not more than 2 percent.

6 (c) ADJUSTMENTS.—The end strengths prescribed by

7 subsection (a) for the Selected Reserve of any reserve com8 ponent shall be reduced proportionately by—

9 (1) the total authorized strength of units orga10 nized to serve as units of the Selected Reserve of

11 such component which are on active duty (other

12 than for training) at the end of the fiscal year, and

13 (2) the total number of individual members not

14 in units organized to serve as units of the Selected

15 Reserve of such component who are on active duty

16 (other than for training or for unsatisfactory partici17 pation in training) without their consent at the end

18 of the fiscal year.

19 Whenever such units or such individual members are re20 leased from active duty during any fiscal year, the end

21 strength prescribed for such fiscal year for the Selected

22 Reserve of such reserve component shall be increased pro23 portionately by the total authorized strengths of such

24 units and by the total number of such individual members.
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1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

2 DUTY IN SUPPORT OF THE RESERVES.

3 Within the end strengths prescribed in section

4 411(a), the reserve components of the Armed Forces are

5 authorized, as of September 30, 1995, the following num6 ber of Reserves to be serving on full-time active duty or,

7 in the case of members of the National Guard, full-time

8 National Guard duty for the purpose of organizing, ad9 ministering, recruiting, instructing, or training the reserve

10 components:

11 (1) The Army National Guard of the United

12 States, 23,650.

13 (2) The Army Reserve, 11,940.

14 (3) The Naval Reserve, 17,510.

15 (4) The Marine Corps Reserve, 2,285.

16 (5) The Air National Guard of the United

17 States, 9,098.

18 (6) The Air Force Reserve, 648.

19 Subtitle C—Military Training

20 Student Loads

21 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

22 (a) IN GENERAL.—For fiscal year 1995, the Armed

23 Forces are authorized average military training student

24 loads as follows:

25 (1) The Army, 69,420.

26 (2) The Navy, 43,064.
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1 (3) The Marine Corps, 25,377.

2 (4) The Air Force, 36,840.

3 (b) SCOPE.—The average military training student

4 load authorized for an armed force under subsection (a)

5 applies to the active and reserve components of that armed

6 force.

7 (c) ADJUSTMENTS.—The average military training

8 student loads authorized in subsection (a) shall be ad9 justed consistent with the end strengths authorized in sub10 titles A and B. The Secretary of Defense shall prescribe

11 the manner in which such adjustments shall be appor12 tioned.

13 Subtitle D—Authorization of

14 Appropriations

15 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI16 TARY PERSONNEL.

17 There is hereby authorized to be appropriated to the

18 Department of Defense for military personnel for fiscal

19 year 1995 a total of $70,790,397,000. The authorization

20 in the preceding sentence supersedes any other authoriza21 tion of appropriations (definite or indefinite) for such pur22 pose for fiscal year 1995.
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1 Subtitle E—Other Matters

2 SEC. 441. REPEAL OF REQUIRED REDUCTION IN RECRUIT3 ING PERSONNEL.

4 Section 431 of the National Defense Authorization

5 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

6 2400) is repealed.

7 TITLE V—MILITARY PERSONNEL

8 POLICY

9 Subtitle A—Officer Personnel

10 Policy

11 SEC. 501. SERVICE ON SUCCESSIVE SELECTION BOARDS.

12 (a) SERVICE ON SUCCESSIVE BOARDS AUTHOR13 IZED.—Section 628 of title 10, United States Code, is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(f)(1) A special selection board convened under this

17 section shall be composed in accordance with section 612

18 of this title or, in the case of a warrant officer, composed

19 in accordance with section 573 of this title and regulations

20 prescribed by the Secretary of the military department

21 concerned, except that the prohibitions on service on suc22 cessive selection boards set forth in sections 612(b) and

23 573(e) of this title do not apply to service on successive

24 selection boards authorized under paragraph (2).
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1 ‘‘(2) An officer may serve on a selection board con2 vened under section 611(a) of this title or, in the case of

3 a warrant officer, section 573(a) of this title and on a suc4 cessive special selection board convened under this section

5 if the service on the successive board is approved by the

6 Secretary of the military department concerned and the

7 successive board does not consider any officer who was

8 considered by the first board.’’.

9 (b) CONFORMING AMENDMENT.—Subsections (a)(1)

10 and (b)(1) of section 628 of such title are amended by

11 striking out ‘‘(composed in accordance with’’ and all that

12 follows through ‘‘concerned)’’ and inserting in lieu thereof

13 ‘‘(composed as provided in subsection (f))’’.

14 SEC. 502. PROMOTION AND OTHER CAREER MANAGEMENT

15 MATTERS RELATING TO WARRANT OFFICERS

16 ON ACTIVE-DUTY LISTS.

17 (a) EXCEPTION FROM MANDATORY CONSIDERATION

18 BY PROMOTION SELECTION BOARD.—Section 575(d) of

19 such title is amended by inserting ‘‘(except for warrant

20 officers precluded from consideration under regulations

21 prescribed by the Secretary concerned under section 577

22 of this title)’’ after ‘‘under consideration’’.

23 (b) SECRETARIAL SUBMISSION OF PROMOTION SE24 LECTION BOARD REPORT.—Section 576(f)(1) of such title

25 is amended by striking out the second sentence.
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1 (c) PROMOTION FORMALITIES DEEMED COM2 PLETED.—Section 578 of such title is amended by adding

3 at the end the following new subsections:

4 ‘‘(e) A warrant officer who is appointed to a higher

5 grade under this section is considered to have accepted

6 such appointment on the date on which the appointment

7 is made unless the officer expressly declines the appoint8 ment.

9 ‘‘(f) A warrant who has served continuously as an

10 officer since the officer took the oath of office set forth

11 under section 3331 of title 5 is not required to take a

12 new oath upon appointment to a higher grade under this

13 section.’’.

14 (d) WARRANT OFFICERS SUBJECT TO MANAGEMENT

15 AUTHORITIES.—Section 582(2) of such title is amended

16 by inserting before the period at the end the following:

17 ‘‘(other than such officers recalled to active duty before

18 February 1, 1992, who have served continuously on active

19 duty since such date)’’.
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1 SEC. 503. ENLISTMENT OR RETIREMENT OF NAVY AND MA2 RINE CORPS LIMITED DUTY OFFICERS HAV3 ING TWICE FAILED OF SELECTION FOR PRO4 MOTION.

5 (a) AUTHORITY.—Subsection (f) of section 6383 of

6 title 10, United States Code, is amended to read as

7 follows:

8 ‘‘(f)(1) An officer subject to discharge under sub9 section (b), (d), or (e) who is not eligible for retirement

10 or for retention under paragraph (2) may, upon the offi11 cer’s request and in the discretion of the Secretary of the

12 Navy, be enlisted in the grade prescribed by the Secretary.

13 ‘‘(2) If an officer subject to discharge under sub14 section (b) or (d) is within two years of qualifying for re15 tirement under section 6323 of this title as of the date

16 on which the officer is to be discharged, the officer shall

17 be retained on active duty until becoming qualified for re18 tirement under that section (unless sooner retired or dis19 charged under another provision of law) and shall then

20 be retired.’’.

21 (b) CONFORMING AMENDMENTS.—Section 6383 of

22 such title is amended—

23 (1) in subsection (i), by striking out ‘‘or the

24 discharge under subsection (d)’’ and inserting in lieu

25 thereof ‘‘or the discharge under subsection (b) or

26 (d)’’;
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1 (2) by striking out subsection (g);

2 (3) by redesignating subsections (h), (i), and (j)

3 as subsections (g), (h), and (i), respectively; and

4 (4) in subsections (a), (b), and (d), by striking

5 out ‘‘Except as provided in subsection (i),’’ each

6 place it appears and inserting in lieu thereof ‘‘Ex7 cept as provided in subsection (h),’’.

8 SEC. 504. EDUCATIONAL REQUIREMENTS FOR APPOINT9 MENT IN RESERVE COMPONENTS IN GRADES

10 ABOVE FIRST LIEUTENANT OR LIEUTENANT

11 (JUNIOR GRADE).

12 Section 596(a) of title 10, United States Code, is

13 amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(a) IN GEN15 ERAL.—’’;

16 (2) by striking out ‘‘an accredited educational

17 institution’’ and inserting in lieu thereof ‘‘an edu18 cational institution described in paragraph (2)’’; and

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

20 paragraph:

21 ‘‘(2) An educational institution referred to in para22 graph (1) is—

23 ‘‘(A) an accredited educational institution; or

24 ‘‘(B) an unaccredited educational institution if

25 at least three accredited educational institutions gen-
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1 erally grant baccalaureate degree credit for comple2 tion of courses of the unaccredited institution equiv3 alent to the baccalaureate degree credit granted by

4 the unaccredited institution for the completion of

5 such courses.’’.

6 SEC. 505. LIMITED EXCEPTION FROM BACCALAUREATE DE7 GREE REQUIREMENT FOR ALASKA SCOUT OF8 FICERS.

9 Section 596 of title 10, United States Code, is

10 amended—

11 (1) by adding at the end of subsection (b) the

12 following new paragraph:

13 ‘‘(5) The appointment of an Alaska Native re14 ferred to in subsection (c) to, or recognition of such

15 a person in, a higher grade (not above major) of the

16 Alaska Army National Guard while such person is

17 serving in a Scout unit or a Scout supporting unit.’’;

18 and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(c) PERSONS COVERED BY ALASKA SCOUT EXCEP22 TION.—(1) Subsection (b)(5) applies to an Alaska Native

23 who resides permanently at a location in Alaska that is

24 more than 50 miles from the cities of Anchorage, Fair25 banks, and Juneau, Alaska.
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1 ‘‘(2) In paragraph (1), the term ‘Alaska Native’ has

2 the meaning given the term ‘Native’ in section 3(b) of the

3 Alaska Native Claims Settlement Act (43 U.S.C.

4 1602(b)).’’.

5 Subtitle B—Reserve Component

6 Matters

7 SEC. 511. REVIEW OF OPPORTUNITIES FOR ORDERING IN8 DIVIDUAL RESERVES TO ACTIVE DUTY WITH

9 CONSENT.

10 (a) REVIEW REQUIRED.—The Secretary of Defense

11 shall—

12 (1) review the opportunities for individual mem13 bers of the reserve components of the Armed Forces

14 to be ordered to active duty, with the consent of the

15 members concerned, during peacetime in positions

16 traditionally filled by active duty personnel; and

17 (2) identify and remove any impediments, in

18 regulations or other administrative rules, to increas19 ing such opportunities.

20 (b) REPORT.—Not later than 90 days after the date

21 of the enactment of this Act, the Secretary shall submit

22 to the Committees on Armed Services of the Senate and

23 the House of Representatives a report on the results of

24 the review. The report shall contain—
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1 (1) a plan for increasing the opportunities for

2 individual members of the reserve components of the

3 Armed Forces to be ordered to active duty, with the

4 consent of the members concerned, during peacetime

5 in positions traditionally filled by active duty person6 nel; and

7 (2) any additional legislation that the Secretary

8 considers necessary in order to increase such oppor9 tunities.

10 SEC. 512. INCREASED PERIOD OF ACTIVE DUTY SERVICE

11 FOR SELECTED RESERVE FORCES MOBI12 LIZED OTHER THAN DURING WAR OR NA13 TIONAL EMERGENCY.

14 (a) REVISION TO PERIOD OF EXTENSION OF ACTIVE

15 DUTY.—Section 673b of title 10, United States Code, is

16 amended—

17 (1) in subsection (a), by striking out ‘‘90 days.’’

18 and inserting in lieu thereof ‘‘180 days.’’; and

19 (2) by striking out subsection (i).

20 (b) REPORT REQUIRED.—(1) Not later than April 1,

21 1995, the Secretary of Defense shall submit to the con22 gressional defense committees a report on increasing the

23 authority of the President to order units and members of

24 the reserve components to active duty without the consent

25 of the members concerned.
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1 (2) The report shall include the following:

2 (A) An analysis of options for increased presi3 dential authority.

4 (B) An assessment of the effects of each option

5 on recruiting, retention, employer support for the re6 serve components, and the families of members of

7 the reserve components.

8 (C) Programs that the Secretary recommends

9 to mitigate any negative effects.

10 (D) Any option that the Secretary recommends.

11 (E) Any proposed legislation that the Secretary

12 considers necessary to implement any recommended

13 option.

14 SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING

15 TO TRANSFER OF REGULAR ENLISTED MEM16 BERS TO RESERVE COMPONENTS.

17 (a) ARMY.—Section 3914 of title 10, United States

18 Code, is amended by striking out the second and third

19 sentences.

20 (b) AIR FORCE.—Section 8914 of such title, is

21 amended by striking out the second and third sentences.
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1 Subtitle C—Other Matters

2 SEC. 521. REVIEW OF CERTAIN DISMISSALS FROM THE

3 UNITED STATES MILITARY ACADEMY.

4 (a) REVIEW REQUIRED.—The Secretary of the Army

5 shall promptly carry out a thorough review of the dismis6 sals from the Corps of Cadets of the United States Mili7 tary Academy of James Webster Smith in 1874 and John8 son Chesnut Whittaker in 1882.

9 (b) PURPOSES OF REVIEW.—The purpose of each re10 view shall be to determine the validity of the original pro11 ceedings and the extent, if any, to which racial prejudice

12 or other improper factors now known may have tainted

13 the original proceedings.

14 (c) CORRECTION OF RECORDS.—If the Secretary de15 termines that the dismissal of James Webster Smith or

16 Johnson Chesnut Whittaker was in error or an injustice,

17 the Secretary may correct that person’s military records

18 (including the records of proceedings in such case).

19 (d) POSTHUMOUS COMMISSION.—Upon recommenda20 tion of the Secretary in the case of James Webster Smith

21 or Johnson Chesnut Whittaker, the President may issue

22 in the name of James Webster Smith or Johnson Chesnut

23 Whittaker, as the case may be, a posthumous commission

24 as an officer in the regular Army in the grade of second

25 lieutenant. Sections 1521(b) and 1523 of title 10, United
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1 States Code, shall apply with respect to a commission so

2 issued.

3 TITLE VI—COMPENSATION AND

4 OTHER PERSONNEL BENEFITS

5 Subtitle A—Pay and Allowances

6 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.

7 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

8 adjustment required by section 1009 of title 37, United

9 States Code, in elements of compensation of members of

10 the uniformed services to become effective during fiscal

11 year 1995 shall not be made.

12 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Ef13 fective on January 1, 1995, the rates of basic pay, basic

14 allowance for subsistence, and basic allowance for quarters

15 of members of the uniformed services are increased by 2.6

16 percent.

17 Subtitle B—Bonuses and Special

18 and Incentive Pays

19 SEC. 611. EXTENSION OF CERTAIN BONUSES FOR RESERVE

20 FORCES.

21 (a) SELECTED RESERVE REENLISTMENT BONUS.—

22 Section 308b(f) of title 37, United States Code, is amend23 ed by striking out ‘‘September 30, 1995’’ and inserting

24 in lieu thereof ‘‘September 30, 1996’’.
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1 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec2 tion 308c(e) of title 37, United States Code, is amended

3 by striking out ‘‘September 30, 1995’’ and inserting in

4 lieu thereof ‘‘September 30, 1996’’.

5 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec6 tion 308e(e) of title 37, United States Code, is amended

7 by striking out ‘‘September 30, 1995’’ and inserting in

8 lieu thereof ‘‘September 30, 1996’’.

9 (d) READY RESERVE ENLISTMENT AND REENLIST10 MENT BONUS.—Section 308h(g) of title 37, United States

11 Code, is amended by striking out ‘‘September 30, 1995’’

12 and inserting in lieu thereof ‘‘September 30, 1996’’.

13 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

14 308i(i) of title 37, United States Code, is amended by

15 striking out ‘‘September 30, 1995’’ and inserting in lieu

16 thereof ‘‘September 30, 1996’’.

17 SEC. 612. EXTENSION AND MODIFICATION OF CERTAIN BO18 NUSES AND SPECIAL PAY FOR NURSE OFFI19 CER CANDIDATES, REGISTERED NURSES,

20 AND NURSE ANESTHETISTS.

21 (a) NURSE OFFICER CANDIDATE ACCESSION PRO22 GRAM.—Section 2130a(a)(1) of title 10, United States

23 Code, is amended by striking out ‘‘September 30, 1995,’’

24 and inserting in lieu thereof ‘‘September 30, 1998,’’.
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1 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

2 Section 302d(a)(1) of title 37, United States Code, is

3 amended by striking out ‘‘September 30, 1995,’’ and in4 serting in lieu thereof ‘‘September 30, 1998,’’.

5 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES6 THETISTS.—Section 302e(a)(1) of title 37, United States

7 Code, is amended—

8 (1) by striking out ‘‘September 30, 1995,’’ and

9 inserting in lieu thereof ‘‘September 30, 1998,’’; and

10 (2) by striking out ‘‘$6,000’’ and inserting in

11 lieu thereof ‘‘$15,000’’.

12 SEC. 613. EXTENSION OF AUTHORITY RELATING TO PAY13 MENT OF OTHER BONUSES AND SPECIAL

14 PAYS.

15 (a) AVIATION OFFICER RETENTION BONUS.—Sec16 tion 301b(a) of title 37, United States Code, is amended

17 by striking out ‘‘September 30, 1994’’ and inserting in

18 lieu thereof ‘‘September 30, 1995’’.

19 (b) REENLISTMENT BONUS FOR ACTIVE MEM20 BERS.—Section 308(g) of title 37, United States Code, is

21 amended by striking out ‘‘September 30, 1995’’ and in22 serting in lieu thereof ‘‘September 30, 1996’’.

23 (c) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

24 Sections 308a(c) and 308f(c) of title 37, United States

25 Code, are each amended by striking out ‘‘September 30,
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1 1995’’ and inserting in lieu thereof ‘‘September 30,

2 1996’’.

3 (d) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

4 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI5 ORITY UNITS.—Section 308d(c) of title 37, United States

6 Code, is amended by striking out ‘‘September 30, 1995’’

7 and inserting in lieu thereof ‘‘September 30, 1996’’.

8 (e) REPAYMENT OF EDUCATION LOANS FOR CER9 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE10 LECTED RESERVE.—Section 2172(d) of title 10, United

11 States Code, is amended by striking out ‘‘October 1,

12 1995’’ and inserting in lieu thereof ‘‘October 1, 1996’’.

13 (f) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

14 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

15 Section 613(d) of the National Defense Authorization Act,

16 Fiscal Year 1989 (37 U.S.C. 302 note) is amended by

17 striking out ‘‘September 30, 1995’’ and inserting in lieu

18 thereof ‘‘September 30, 1996’’.

19 (g) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI20 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

21 312(e) of title 37, United States Code, is amended by

22 striking out ‘‘September 30, 1995’’ and inserting in lieu

23 thereof ‘‘September 30, 1996’’.

24 (h) NUCLEAR CAREER ACCESSION BONUS.—Section

25 312b(c) of title 37, United States Code, is amended by
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1 striking out ‘‘September 30, 1995,’’ and inserting in lieu

2 thereof ‘‘September 30, 1996,’’.

3 (i) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

4 Section 312c(d) of title 37, United States Code, is amend5 ed by striking out ‘‘October 1, 1995’’ and inserting in lieu

6 thereof ‘‘October 1, 1996’’.

7 Subtitle C—Travel and

8 Transportation Allowances

9 SEC. 621. RESPONSIBILITY FOR PREPARATION OF TRANS10 PORTATION MILEAGE TABLES.

11 Section 404(d)(1)(A) of title 37, United States Code,

12 is amended by striking out ‘‘the Secretary of the Army’’

13 and inserting in lieu thereof ‘‘the Secretary of Defense’’.

14 Subtitle D—Retired Pay and

15 Survivor Benefits

16 SEC. 631. CLARIFICATION OF CALCULATION OF RETIRED

17 PAY FOR OFFICERS WHO RETIRE IN A GRADE

18 LOWER THAN THE GRADE HELD AT RETIRE19 MENT.

20 (a) PREVENTION OF RETIRED PAY BASED ON

21 GRADE HIGHER THAN RETIRED GRADE.—Section

22 1401a(f) of title 10, United States Code, is amended—

23 (1) in the first sentence, by inserting ‘‘based on

24 the grade in which the member is retired’’ after ‘‘at

25 an earlier date’’;
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1 (2) in the second sentence, by inserting ‘‘, ex2 cept that such computation may not be based on a

3 rate of basic pay for a grade higher than the grade

4 in which the member is retired’’ before the period at

5 the end; and

6 (3) by striking out the third sentence.

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall apply with respect to the computation

9 of the retired pay of a member of the armed forces who

10 retires on or after the date of the enactment of this Act.

11 SEC. 632. CREDITING OF RESERVE SERVICE OF ENLISTED

12 MEMBERS FOR COMPUTATION OF RETIRED

13 PAY.

14 (a) ARMY.—(1) Section 3925 of title 10, United

15 States Code, is amended—

16 (A) in subsection (a), by striking out ‘‘and of

17 computing his retired pay under section 3991 of this

18 title,’’; and

19 (B) by striking out subsection (c).

20 (2) Section 3991 of such title is amended—

21 (A) in subsection (a)—

22 (i) by striking out paragraph (1) and in23 serting in lieu thereof the following:

24 ‘‘(1) FORMULA.—The monthly retired pay of a

25 member entitled to such pay under this subtitle by
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1 reason of retirement under a provision of law re2 ferred to in paragraph (3) is computed by multiply3 ing the retired pay base (as computed under section

4 1406(c) or 1407 of this title) by the retired pay mul5 tiplier prescribed in section 1409 of this title for the

6 number of years credited to the member under sec7 tion 1405 of this title.’’; and

8 (ii) by adding at the end the following new

9 paragraph:

10 ‘‘(3) APPLICABILITY.—Paragraph (1) applies to

11 a member retired under the authority of section

12 3911, 3914, 3917, 3918, 3920, or 3924 of this

13 title.’’; and

14 (B) in subsection (b), by striking out paragraph

15 (3).

16 (3) The text of section 3992 of such title is amended

17 to read as follows:

18 ‘‘(a) RECOMPUTATION REQUIRED.—An enlisted

19 member or warrant officer of the Army who is advanced

20 on the retired list under section 3964 of this title is enti21 tled to recompute the member’s or officer’s retired pay in

22 accordance with this section.

23 ‘‘(b) FORMULA.—To recompute an enlisted member’s

24 retired pay or a warrant officer’s retired pay, multiply the

25 retired pay base (as computed under section 1406(c) or
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1 1407 of this title) by the retired pay multiplier prescribed

2 in section 1409 of this title for the number of years cred3 ited to the member or officer under section 1405 of this

4 title.

5 ‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The

6 amount computed under subsection (b), if not a multiple

7 of $1, shall be rounded to the next lower multiple of $1.’’.

8 (b) NAVY AND MARINE CORPS.—The table in section

9 6333(a) of title 10, United States Code, is amended by

10 striking out ‘‘his years of active service in the armed

11 forces’’ in formula C under the column designated ‘‘Col12 umn 2’’ and inserting in lieu thereof ‘‘the years of service

13 credited to him under section 1405’’.

14 (c) AIR FORCE.—(1) Section 8925 of title 10, United

15 States Code, is amended—

16 (A) in subsection (a), by striking out ‘‘and of

17 computing his retired pay under section 8991 of this

18 title,’’; and

19 (B) by striking out subsection (c).

20 (2) Section 8991 of such title is amended—

21 (A) in subsection (a)—

22 (i) by striking out paragraph (1) and in23 serting in lieu thereof the following:

24 ‘‘(1) FORMULA.—The monthly retired pay of a

25 member entitled to such pay under this subtitle by
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1 reason of retirement under a provision of law re2 ferred to in paragraph (3) is computed by multiply3 ing the retired pay base (as computed under section

4 1406(e) or 1407 of this title) by the retired pay mul5 tiplier prescribed in section 1409 of this title for the

6 number of years credited to the member under sec7 tion 1405 of this title.’’; and

8 (ii) by adding at the end the following new

9 paragraph:

10 ‘‘(3) APPLICABILITY.—Paragraph (1) applies to

11 a member retired under the authority of section

12 8911, 8914, 8917, 8918, 8920, or 8924 of this

13 title.’’; and

14 (B) in subsection (b), by striking out paragraph

15 (3).

16 (3) The text of section 8992 of such title is amended

17 to read as follows:

18 ‘‘(a) RECOMPUTATION REQUIRED.—An enlisted

19 member or warrant officer of the Air Force who is ad20 vanced on the retired list under section 8964 of this title

21 is entitled to recompute the member’s or officer’s retired

22 pay in accordance with this section.

23 ‘‘(b) FORMULA.—To recompute an enlisted member’s

24 retired pay or a warrant officer’s retired pay, multiply the

25 retired pay base (as computed under section 1406(e) or
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1 1407 of this title) by the retired pay multiplier prescribed

2 in section 1409 of this title for the number of years cred3 ited to the member or officer under section 1405 of this

4 title.

5 ‘‘(c) ROUNDING TO NEXT LOWER DOLLAR.—The

6 amount computed under subsection (b), if not a multiple

7 of $1, shall be rounded to the next lower multiple of $1.’’.

8 (d) CONFORMING AMENDMENT.—Section 1405 of

9 such title is amended by adding at the end the following

10 new subsection:

11 ‘‘(c) EXCLUSION OF TIME REQUIRED TO BE MADE

12 UP.—Time required to be made up by an enlisted member

13 of the Army or Air Force under section 972 of this title

14 may not be counted in determining years of service under

15 subsection (a).’’.

16 (e) EFFECTIVE DATE.—This section shall apply to

17 the computation of the retired or retainer pay of any en18 listed member who retires or is transferred to the Fleet

19 Reserve or the Fleet Marine Corps Reserve on or after

20 the date of the enactment of this Act.

21 SEC. 633. FORFEITURE OF ANNUITY OR RETIRED PAY OF

22 MEMBERS CONVICTED OF ESPIONAGE.

23 (a) FORFEITURE.—Section 8312(b)(2)(A) of title 5,

24 United States Code, is amended—
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1 (1) by striking out ‘‘or article 106 (spies)’’ and

2 inserting in lieu thereof ‘‘, article 106 (spies), or ar3 ticle 106a (espionage)’’; and

4 (2) by striking out ‘‘or article 106’’ and insert5 ing in lieu thereof ‘‘, article 106, or article 106a’’.

6 (b) EFFECTIVE DATE.—The amendment made by

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply to persons convicted of

9 espionage under section 906a of title 10, United States

10 Code (article 106a of the Uniform Code of Military Jus11 tice), on or after the date of the enactment of this Act.

12 Subtitle E—Defense Conversion,

13 Reinvestment, and Transition

14 Assistance Matters

15 SEC. 641. ELIGIBILITY OF MEMBERS RETIRED UNDER TEM16 PORARY SPECIAL RETIREMENT AUTHORITY

17 FOR SERVICEMEN’S GROUP LIFE INSURANCE.

18 (a) ELIGIBILITY.—Section 1965(5) of title 38, Unit19 ed States Code, is amended—

20 (1) by striking out ‘‘and’’ at the end of sub21 paragraph (C);

22 (2) by redesignating subparagraph (D) as sub23 paragraph (E); and

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph (D):
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1 ‘‘(D) a person transferred to the Retired

2 Reserve of a uniformed service under the tem3 porary special retirement authority provided in

4 section 1331a of title 10 who has not received

5 the first increment of retirement pay or has not

6 reached sixty-one years of age; and’’.

7 (b) INSURANCE COVERAGE.—Section 1967(a) of such

8 title is amended—

9 (1) by striking out ‘‘and’’ at the end of para10 graph (2);

11 (2) by adding ‘‘and’’ at the end of paragraph

12 (3);

13 (3) by inserting after paragraph (3) the follow14 ing:

15 ‘‘(4) any member assigned to the Retired Re16 serve of a uniform service who meets the qualifica17 tions set forth in section 1965(5)(D) of this title;’’;

18 and

19 (4) in the second sentence, by inserting after

20 ‘‘section 1965(5)(C) of this title,’’ the following: ‘‘or

21 the first day a member of the Reserves meets the

22 qualifications of section 1965(5)(D) of this title,’’.

23 (c) DURATION OF COVERAGE.—Section 1968(a) of

24 such title is amended—
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1 (1) in the matter above paragraph (1), by strik2 ing out ‘‘section 1965(5)(B) or (C)’’ and inserting in

3 lieu thereof ‘‘subparagraphs (B), (C), or (D) of sec4 tion 1965(5)’’;

5 (2) in paragraph (4)—

6 (A) by striking out ‘‘or’’ at the end of sub7 paragraph (A);

8 (B) by striking out the period at the end

9 of subparagraph (B) and inserting in lieu there10 of ‘‘; or’’; and

11 (C) by adding at the end the following new

12 subparagraph:

13 ‘‘(C) unless on the date of such separation

14 or release the member is transferred to the Re15 tired Reserve of a uniformed service under the

16 temporary special retirement authority provided

17 in section 1331a of title 10, in which event the

18 insurance, unless converted to an individual pol19 icy under terms and conditions set forth in sec20 tion 1977(e) of this title, shall, upon timely

21 payment of premiums under terms prescribed

22 by the Secretary directly to the administrative

23 office established under section 1966(b) of this

24 title, continue in force until receipt of the first

25 increment of retirement pay by the member or
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1 the member’s sixty-first birthday, whichever oc2 curs earlier.’’; and

3 (3) by adding at the end the following:

4 ‘‘(6) with respect to a member of the Retired

5 Reserve who meets the qualifications of section

6 1965(5)(D) of this title, at such time as the member

7 receives the first increment of retirement pay, or the

8 member’s sixty-first birthday, whichever occurs ear9 lier, subject to the timely payment of the initial and

10 subsequent premiums, under terms prescribed by the

11 Secretary, directly to the administrative office estab12 lished under section 1966(b) of this title.’’.

13 (d) DEDUCTIONS.—Section 1969 of such title is

14 amended—

15 (1) in subsection (a)(2)—

16 (A) by striking out ‘‘or is assigned’’ and

17 inserting in lieu thereof ‘‘is assigned’’; and

18 (B) by inserting after ‘‘section 1965(5)(C)

19 of this title,’’ the following: ‘‘or is assigned to

20 the Retired Reserve and meets the qualifica21 tions of section 1965(5)(D) of this title,’’; and

22 (2) in subsection (e), by striking out ‘‘section

23 1965(5)(C)’’ in the first sentence and inserting in

24 lieu thereof ‘‘subparagraph (C) or (D) of section

25 1965(5)‘‘.
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1 SEC. 642. ANNUAL PAYMENTS FOR MEMBERS RETIRED

2 UNDER GUARD AND RESERVE TRANSITION

3 INITIATIVE.

4 (a) ANNUAL PAYMENT FOR ONE TO FIVE YEARS.—

5 Subsection (d) of section 4416 of the Defense Conversion,

6 Reinvestment, and Transition Assistance Act of 1992 (di7 vision D of Public Law 102–484; 10 U.S.C. 1162 note)

8 is amended—

9 (1) by striking out ‘‘for 5 years’’ and inserting

10 in lieu thereof ‘‘for a period of years prescribed by

11 the Secretary concerned’’;

12 (2) by striking out ‘‘5-year’’; and

13 (3) by adding at the end the following: ‘‘A pe14 riod prescribed for purposes of this subsection may

15 not be less than one year nor more than five years.’’.

16 (b) COMPUTATION OF ANNUAL PAYMENT.—Sub17 section (e) of such section is amended by adding at the

18 end the following:

19 ‘‘(3) In the case of a member who will attain 60 years

20 of age within one year after the date on which an annual

21 payment would otherwise be made to the member under

22 this section, the amount of the payment made on that date

23 shall be computed under this paragraph instead of para24 graph (1). The amount of such payment shall be equal

to 1 25 ⁄12 of the product of—
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1 ‘‘(A) the amount computed for the member

2 under paragraph (1); and

‘‘(B) the number equal to 1 3 ⁄30 of the total num4 ber of days in the period beginning on such date and

5 ending on the day before the date of the member’s

6 60th birthday.’’.

7 (c) COORDINATION WITH RETIRED PAY.—Such sec8 tion is further amended by adding at the end the following:

9 ‘‘(i) COORDINATION WITH RETIRED PAY.—Fifty per10 cent of the monthly amount of retired pay payable under

11 chapter 67 of this title to a member who receives one or

12 more annual payments under this section shall be de13 ducted and withheld from such monthly amount of retired

14 pay. The deductions shall be terminated when the total

15 amount so deducted and withheld equals the total amount

16 paid to the member under this section. The amount de17 ducted and withheld from the last monthly payment of re18 tired pay before termination of deductions may be less

19 than 50 percent of the monthly amount.’’.

20 SEC. 643. INCREASED ELIGIBILITY AND APPLICATION PERI21 ODS FOR TROOPS-TO-TEACHERS PROGRAM.

22 (a) PERIOD OF ELIGIBILITY.—Subsection (c) of sec23 tion 1151 of title 10, United States Code, is amended—

24 (1) in paragraph (1)(A), by striking out ‘‘seven25 year period beginning on October 1, 1992,’’ and in-
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1 serting in lieu thereof ‘‘nine-year period beginning

2 on October 1, 1990,’’; and

3 (2) by striking out paragraph (4).

4 (b) APPLICATION PERIOD.—Subsection (e)(1) of

5 such section is amended by striking out ‘‘submitted’’ in

6 the first sentence and all that follows through the end of

7 the second sentence and inserting in lieu thereof ‘‘timely

8 submitted to the Secretary of Defense. An application is

9 timely submitted if the application is submitted not later

10 than the latest date applicable to the applicant under this

11 paragraph. An application shall be submitted not later

12 than one year after the date of the discharge or release

13 of the applicant from active duty. In the case of an appli14 cant discharged or released from active duty before Janu15 ary 19, 1994, an application shall be submitted not later

16 than one year after the date of the enactment of the Na17 tional Defense Authorization Act for Fiscal Year 1995.

18 In the case of an applicant becoming educationally quali19 fied for teacher placement assistance in accordance with

20 subsection (c)(2), an application shall be submitted not

21 later than one year after the date on which the applicant

22 becomes educationally qualified.’’.
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1 SEC. 644. ASSISTANCE FOR ELIGIBLE MEMBERS TO OBTAIN

2 EMPLOYMENT WITH LAW ENFORCEMENT

3 AGENCIES.

4 (a) REVISED PROGRAM AUTHORITY.—Section 1152

5 of title 10, United States Code, is amended to read as

6 follows:

7 ‘‘§ 1152. Assistance to eligible members and former

8 members to obtain employment with law

9 enforcement agencies

10 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De11 fense may enter into an agreement with the Attorney Gen12 eral to establish or participate in a program to assist eligi13 ble members and former members of the armed forces to

14 obtain employment as law enforcement officers with State

15 law enforcement agencies, local law enforcement agencies,

16 or Indian tribes that perform law enforcement functions

17 (as determined by the Secretary of the Interior) following

18 the discharge or release of such members or former mem19 bers from active duty.

20 ‘‘(b) ELIGIBLE MEMBERS.—Any member or former

21 member who, during the 6-year period beginning on Octo22 ber 1, 1993, is separated from the armed forces with an

23 honorable discharge or is released from service on active

24 duty characterized as honorable by the Secretary con25 cerned shall be eligible to participate in a program covered

26 by an agreement referred to in subsection (a).
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1 ‘‘(c) SELECTION.—In the selection of applicants for

2 participation in a program covered by an agreement re3 ferred to in subsection (a), preference shall be given to

4 a member or former member who—

5 ‘‘(1) is selected for involuntary separation, is

6 approved for separation under section 1174a or

7 1175 of this title, or retires pursuant to the author8 ity provided in section 4403 of Public Law 102–484

9 (10 U.S.C. 1293 note); and

10 ‘‘(2) has a military occupational specialty,

11 training, or experience related to law enforcement

12 (such as service as a member of the military police)

13 or satisfies such other criteria for selection as, in ac14 cordance with the agreement, the Secretary, the At15 torney General, or a participating State or local law

16 enforcement agency or participating Indian tribe

17 may prescribe.

18 ‘‘(d) GRANTS TO FACILITATE EMPLOYMENT.—(1)

19 The Secretary may provide funds to the Attorney General

20 for grants under this section to reimburse State law en21 forcement agencies, local law enforcement agencies, or In22 dian tribes that perform law enforcement functions (as

23 determined by the Secretary of the Interior) for costs, in24 cluding salary and fringe benefits, of employing members
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1 or former members pursuant to a program referred to in

2 subsection (a).

3 ‘‘(2) No grant with respect to an eligible member or

4 former member may exceed a total of $50,000.

5 ‘‘(3) Any grant with respect to an eligible member

6 or former member shall be disbursed within 5 years after

7 the date of the placement of a member or former member

8 with a participating law enforcement agency or Indian

9 tribe.

10 ‘‘(4) Preference in awarding grants through existing

11 law enforcement hiring programs shall be given to State

12 or local law enforcement agencies or Indian tribes that

13 agree to hire eligible members and former members.

14 ‘‘(e) ADMINISTRATIVE EXPENSES.—Ten percent of

15 the amount, if any, appropriated for a fiscal year to carry

16 out a program established pursuant to subsection (a) may

17 be used to administer the program.

18 ‘‘(f) REQUIREMENT FOR APPROPRIATION.—No mem19 ber or former member may be selected to participate in

20 the program established by this section unless a sufficient

21 amount of appropriated funds are available at the time

22 of the selection to satisfy the obligations to be incurred

23 by the United States under an agreement referred to in

24 subsection (a) that applies with respect to such member

25 or former member.’’.
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1 (b) CLERICAL AMENDMENT.—The item relating to

2 such section in the table of sections at the beginning of

3 chapter 58 of title 10, United States Code, is amended

4 to read as follows:

‘‘1152. Assistance to eligible members and former members to obtain employment with law enforcement agencies.’’.

5 SEC. 645. TREATMENT OF RETIRED AND RETAINER PAY OF

6 MEMBERS OF CADRE OF CIVILIAN COMMU7 NITY CORPS.

8 Section 159(c)(3) of the National and Community

9 Service Act of 1990 (42 U.S.C. 12619(c)(3)) is amended

10 by adding at the end the following: ‘‘In the case of a mem11 ber of the permanent cadre who was recommended for ap12 pointment in accordance with section 162(a)(2)(A) and is

13 entitled to retired or retainer pay, section 5532 of title

14 5, United States Code, shall not apply to reduce the mem15 ber’s retired or retainer pay by reason of the member

16 being paid as a member of the cadre.’’.

17 Subtitle F—Other Matters

18 SEC. 651. DISABILITY COVERAGE FOR OFFICER CAN19 DIDATES GRANTED EXCESS LEAVE.

20 (a) ELIGIBILITY FOR RETIREMENT.—Section 1201

21 of title 10, United States Code, is amended—

22 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

23 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter24 mination’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) MEMBERS ON EXCESS LEAVE.—(1) Upon a de4 termination by the Secretary concerned that a member re5 ferred to in paragraph (2) is unfit to perform the duties

6 of the member’s office, grade, rank, or rating because of

7 a physical disability incurred during a period described in

8 such paragraph, the Secretary may retire the member,

9 with retired pay computed under section 1401 of this title,

10 if the Secretary also makes the determinations described

11 in paragraphs (1), (2), and (3) of subsection (a) with re12 gard to such member.

13 ‘‘(2) Paragraph (1) applies to a member of the armed

14 forces who, during a period of authorized absence—

15 ‘‘(A) is participating in a program leading to

16 appointment, designation, or assignment in the

17 armed forces in an officer category; and

18 ‘‘(B) is not entitled to basic pay by reason of

19 the application of section 502(b) of title 37 to such

20 absence.’’.

21 (b) ELIGIBILITY FOR PLACEMENT ON TEMPORARY

22 DISABILITY RETIRED LIST.—Section 1202 of such title

23 is amended—

24 (1) by striking out ‘‘or any other members’’ and

25 inserting in lieu thereof ‘‘any other members’’; and
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1 (2) by inserting after ‘‘more than 30 days,’’ the

2 following: ‘‘or any member referred to in section

3 1201(b)(2) of this title’’.

4 (c) ELIGIBILITY FOR SEPARATION.—Section 1203 of

5 such title is amended—

6 (1) by inserting ‘‘(a) MEMBERS ON ACTIVE

7 DUTY ENTITLED TO PAY.—’’ before ‘‘Upon a deter8 mination’’;

9 (2) by striking out the second sentence (relating

10 to transfer to inactive status); and

11 (3) by adding at the end the following new sub12 sections:

13 ‘‘(b) MEMBERS ON EXCESS LEAVE.—Upon a deter14 mination by the Secretary concerned that a member re15 ferred to in paragraph (2) of section 1201(b) of this title

16 is unfit to perform the duties of the member’s office,

17 grade, rank, or rating because of a physical disability in18 curred during a period described in such paragraph, the

19 Secretary may separate the member, with severance pay

20 computed under section 1212 of this title, if the Secretary

21 also makes the determinations described in paragraphs

22 (1), (2), (3), and (4) of subsection (a) with regard to such

23 member.

24 ‘‘(c) TRANSFER TO INACTIVE STATUS LIST.—If a

25 member authorized to be separated under subsection (a)
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1 or (b) is eligible for transfer to the inactive status list

2 under section 1209 of this title, and so elects, the member

3 shall be transferred to that list instead of being sepa4 rated.’’.

5 (d) CONFORMING AMENDMENTS.—(1) Chapter 61 of

6 title 10, United States Code, is amended—

7 (A) by striking out the heading of section 1201

8 and inserting in lieu thereof the following:

9 ‘‘§ 1201. Regulars, members on active duty for more

10 than 30 days, certain members on excess

11 leave: retirement’’;

12 (B) by striking out the heading of section 1202

13 and inserting in lieu thereof the following:

14 ‘‘§ 1202. Regulars, members on active duty for more

15 than 30 days, certain members on excess

16 leave: temporary disability retired list’’;

17 and

18 (C) by striking out the heading of section 1203

19 and inserting in lieu thereof the following:

20 ‘‘§ 1203. Regulars, members on active duty for more

21 than 30 days, certain members on excess

22 leave: separation’’.

23 (2) The table of sections at the beginning of such

24 chapter is amended by striking out the items relating to
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1 sections 1201, 1202, and 1203 and inserting in lieu there2 of the following:

‘‘1201. Regulars, members on active duty for more than 30 days, certain members on excess leave: retirement.

‘‘1202. Regulars, members on active duty for more than 30 days, certain members on excess leave: temporary disability retired list.

‘‘1203. Regulars, members on active duty for more than 30 days, certain members on excess leave: separation.’’.

3 (e) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on the date of the enactment

5 of this Act and apply with respect to physical disabilities

6 incurred on or after such date.

7 SEC. 652. USE OF MORALE, WELFARE, AND RECREATION

8 FACILITIES BY MEMBERS OF RESERVE COM9 PONENTS AND DEPENDENTS.

10 Section 1065 of title 10, United States Code, is

11 amended to read as follows:

12 ‘‘§ 1065. Use of certain morale, welfare, and recre13 ation facilities by members of reserve

14 components and dependents

15 ‘‘(a) MEMBERS OF THE SELECTED RESERVE.—Mem16 bers of the Selected Reserve in good standing (as deter17 mined by the Secretary concerned) shall be permitted to

18 use MWR retail facilities on the same basis as members

19 on active duty.

20 ‘‘(b) RETIREES UNDER AGE 60.—Members of the re21 serve components who would be eligible for retired pay

22 under chapter 67 of this title but for the fact that the
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1 member is under 60 years of age shall be permitted to

2 use MWR retail facilities on the same basis as retired

3 members and retired former members of the Regular

4 Army, Regular Navy, Regular Air Force, and Regular Ma5 rine Corps.

6 ‘‘(c) MEMBERS OF READY RESERVE NOT IN SE7 LECTED RESERVE.—Subject to such regulations as the

8 Secretary of Defense may prescribe, members of the

9 Ready Reserve (other than members of the Selected Re10 serve) may be permitted to use MWR retail facilities on

11 the same basis as members serving on active duty.

12 ‘‘(d) DEPENDENTS.—(1) Dependents of members re13 ferred to in subsection (a) shall be permitted to use MWR

14 retail facilities on the same basis as dependents of mem15 bers on active duty.

16 ‘‘(2) Dependents of members referred to in sub17 section (b) shall be permitted to use MWR retail facilities

18 on the same basis as dependents of retired members and

19 retired former members of the Regular Army, Regular

20 Navy, Regular Air Force, and Regular Marine Corps.

21 ‘‘(e) MWR RETAIL FACILITY DEFINED.—In this sec22 tion, the term ‘MWR retail facilities’ means exchange

23 stores and other revenue generating facilities operated by

24 nonappropriated fund activities of the Department of De-
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1 fense for the morale, welfare, and recreation of members

2 of the armed forces.’’.

3 SEC. 653. SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR

4 DEPARTMENT OF DEFENSE PERSONNEL OUT5 SIDE THE UNITED STATES.

6 (a) IN GENERAL.—Chapter 53 of Title 10, United

7 States Code, is amended by adding at the end the follow8 ing new section:

9 ‘‘§ 1060a. Special supplemental food program

10 ‘‘(a) AUTHORITY.—The Secretary of Defense may

11 carry out a program to provide special supplemental food

12 benefits to members of the armed forces on duty at sta13 tions outside the United States (and its territories and

14 possessions) and to eligible civilians serving with, em15 ployed by, or accompanying the armed forces outside the

16 United States (and its territories and possessions).

17 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

18 the purpose of obtaining Federal payments and commod19 ities in order to carry out the program referred to in sub20 section (a), the Secretary of Agriculture shall make avail21 able to the Secretary of Defense from funds appropriated

22 for such purpose, the same payments and commodities as

23 are made for the special supplemental food program in

24 the United States under section 17 of the Child Nutrition

25 Act of 1966 (42 U.S.C. 1786).
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1 ‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec2 retary of Defense shall administer the program referred

3 to in subsection (a) and, except as provided in subpara4 graph (B), shall determine eligibility for program benefits

5 under the criterion published by the Secretary of Agri6 culture under section 17 of the Child Nutrition Act of

7 1966 (42 U.S.C. 1786).

8 ‘‘(B) The Secretary of Defense shall prescribe regula9 tions governing computation of income eligibility stand10 ards for families of individuals participating in the pro11 gram under this section.

12 ‘‘(2) The program benefits provided under the pro13 gram shall be similar to benefits provided by State and

14 local agencies in the United States.

15 ‘‘(d) DEPARTURE FROM STANDARDS.—The Sec16 retary of Defense may authorize departures from stand17 ards prescribed by the Secretary of Agriculture regarding

18 the supplemental foods to be made available in the pro19 gram when local conditions preclude strict compliance or

20 when such compliance is highly impracticable.

21 ‘‘(e) REGULATIONS.—The Secretary of Defense shall

22 prescribe regulations to administer the program author23 ized by this section.

24 ‘‘(f) DEFINITIONS.—In this section:

25 ‘‘(1) The term ‘eligible civilian’ means—
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1 ‘‘(A) a dependent of a member of the

2 armed forces residing with the member outside

3 the United States;

4 ‘‘(B) an employee of a military department

5 who is a national of the United States and is

6 residing outside the United States in connection

7 with such individual’s employment or a depend8 ent of such individual residing with the em9 ployee outside the United States; or

10 ‘‘(C) an employee of a Department of De11 fense contractor who is a national of the United

12 States and is residing outside the United States

13 in connection with such individual’s employment

14 or a dependent of such individual residing with

15 the employee outside the United States.

16 ‘‘(2) The term ‘national of the United States’

17 means—

18 ‘‘(A) a citizen of the United States; or

19 ‘‘(B) a person who, though not a citizen of

20 the United States, owes permanent allegiance to

21 the United States (as defined in section

22 101(a)(22) of the Immigration and Nationality

23 Act (8 U.S.C. 1101(a)(22))).
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1 ‘‘(3) The term ‘dependent’ has the meaning

2 given such term in subparagraph (A), (D), (E), and

3 (I) of section 1072(2) of this title.’’.

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

5 at the beginning of chapter 53 of title 10, United States

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

7 item:

‘‘1060a. Special supplemental food program.’’.

8 SEC. 654. REIMBURSEMENT FOR CERTAIN LOSSES OF

9 HOUSEHOLD EFFECTS CAUSED BY HOSTILE

10 ACTION.

11 (a) AUTHORITY TO REIMBURSE.—Chapter 163 of

12 title 10, United States Code, is amended by adding at the

13 end the following new section:

14 ‘‘§ 2738. Reimbursement for certain losses of house15 hold effects caused by hostile action

16 ‘‘(a) AUTHORITY TO REIMBURSE.—The Secretary

17 concerned or, subject to appeal to the Secretary, the Judge

18 Advocate General of an armed force under the Secretary’s

19 jurisdiction, or the Chief Counsel of the Coast Guard, as

20 appropriate, if designated by the Secretary, may reim21 burse a member of the armed forces in an amount not

22 more than $100,000 for a loss described in subsection (b).

23 ‘‘(b) COVERED LOSSES.—This section applies with

24 respect to a loss of household effects sustained during a

25 move made incident to a change of permanent station
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1 when, as determined by the Secretary, the loss was caused

2 by a hostile action incident to war or a warlike action by

3 a military force.

4 ‘‘(c) LIMITATION.—The Secretary may provide reim5 bursement under this section for a loss described in sub6 section (b) only to the extent that the loss is not reim7 bursed under insurance or under the authority of another

8 provision of law.

9 ‘‘(d) APPLICABILITY OF OTHER AUTHORITIES AND

10 REQUIREMENTS.—Subsections (b), (d), (e), (f), and (g)

11 of section 2733 of this title shall apply to a request for

12 a reimbursement under this section as if the request were

13 a claim against the United States.’’.

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

15 at the beginning of such chapter is amended by adding

16 at the end the following:

‘‘2738. Reimbursement for certain losses of household effects caused by hostile

action.’’.

17 (c) EFFECTIVE DATE.—(1) Section 2738 of title 10,

18 United States Code, as added by subsection (a), applies

19 with respect to losses incurred after June 30, 1990.

20 (2) In the case of a loss incurred after June 30, 1990,

21 and before the date of the enactment of this Act, a request

22 for reimbursement shall be filed with the Secretary of the

23 military department concerned not later than two years

24 after such date of enactment.
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1 TITLE VII—HEALTH CARE

2 PROVISIONS

3 SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO IN4 CLUDE YOUNG PEOPLE BEING ADOPTED BY

5 MEMBERS OR FORMER MEMBERS.

6 (a) ELIGIBILITY FOR HEALTH BENEFITS.—Section

7 1072 of title 10, United States Code, is amended—

8 (1) in paragraph (2)(D), by striking out the

9 matter above clause (i) and inserting in lieu thereof

10 the following:

11 ‘‘(D) a child who—’’; and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(6) The term ‘child’, with respect to a member

15 or former member of a uniformed service, means the

16 following:

17 ‘‘(A) An unmarried natural child.

18 ‘‘(B) An unmarried adopted child.

19 ‘‘(C) An unmarried stepchild.

20 ‘‘(D) An unmarried person—

21 ‘‘(i) who is placed in the home of the

22 member or former member by a placement

23 agency (recognized by the Secretary of De24 fense) in anticipation of the legal adoption
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1 of the person by the member or former

2 member; and

3 ‘‘(ii) who otherwise meets the require4 ments specified in paragraph (2)(D).’’.

5 (b) CONFORMING AMENDMENT.—Section

6 401(b)(1)(B) of title 37, United States Code, is amended

7 by striking out ‘‘placement agency for the purpose of

8 adoption’’ and inserting in lieu thereof ‘‘placement agency

9 (recognized by the Secretary of Defense) in anticipation

10 of the legal adoption of the child by the member’’.

11 SEC. 702. AVAILABILITY OF DEPENDENTS’ DENTAL PRO12 GRAM OUTSIDE THE UNITED STATES.

13 Section 1076a of title 10, United States Code, is

14 amended—

15 (1) by redesignating subsection (g) as sub16 section (h); and

17 (2) by inserting after subsection (f) the follow18 ing new subsection (g):

19 ‘‘(g) CARE OUTSIDE THE UNITED STATES.—The

20 Secretary shall exercise the authority provided under sub21 section (a) to establish basic dental benefits plans for pro22 viding dental benefits outside the United States for

23 spouses and children of members of the uniformed services

24 accompanying the members on permanent assignments to

25 duty outside the United States.’’.
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1 SEC. 703. CONDITIONS UNDER WHICH MEDICAL AND DEN2 TAL CARE OF ABUSED DEPENDENTS IS AU3 THORIZED.

4 Section 1076(e)(1)(A) of title 10, United States

5 Code, is amended to read as follows:

6 ‘‘(A) a member of a uniformed service is con7 victed by a court-martial or a civil court for an of8 fense involving abuse of a dependent of the member,

9 as determined in accordance with regulations pre10 scribed by the administering Secretary for such uni11 formed service, and—

12 ‘‘(i) in the case of a court-martial convic13 tion, the member receives a dishonorable or

14 bad-conduct discharge or is dismissed or admin15 istratively discharged from a uniformed service

16 as a result of the conviction; or

17 ‘‘(ii) in the case of a civil court conviction,

18 the member is administratively discharged from

19 a uniformed service as a result of the convic20 tion; and’’.

21 SEC. 704. COORDINATION OF BENEFITS WITH MEDICARE.

22 Section 1086(d) of title 10, United States Code, is

23 amended by striking out paragraph (3) and inserting in

24 lieu thereof the following:

25 ‘‘(3)(A) Subject to subparagraph (B), if a person de26 scribed in paragraph (2) receives medical or dental care
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1 for which payment may be made under medicare and a

2 plan contracted for under subsection (a), the amount pay3 able for that care under the plan shall be the amount equal

4 to the excess of the total amount of the charges imposed

5 by the provider or providers of such care over the sum

6 of—

7 ‘‘(i) the amount paid for that care under medi8 care; and

9 ‘‘(ii) the total of all amounts paid or payable by

10 third party payers other than medicare.

11 ‘‘(B) The amount payable for care under a plan pur12 suant to subparagraph (A) may not exceed the total

13 amount that would be paid under the plan if payment for

14 that care were made solely under the plan.

15 ‘‘(C) In this paragraph:

16 ‘‘(i) The term ‘medicare’ means title XVIII of

17 the Social Security Act (42 U.S.C. 1395 et seq.).

18 ‘‘(ii) The term ‘third party payer’ has the

19 meaning given such term in section 1095(h)(1) of

20 this title.’’.

21 SEC. 705. AUTHORITY FOR REIMBURSEMENT OF PROFES22 SIONAL LICENSE FEES UNDER RESOURCE

23 SHARING AGREEMENTS.

24 Section 1096 of title 10, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(d) REIMBURSEMENT FOR LICENSE FEES.—In any

2 case in which it is necessary for a member of the uni3 formed services to pay a professional license fee imposed

4 by a government in order to provide health care services

5 at a facility of a civilian health care provider pursuant to

6 an agreement entered into under subsection (a), the Sec7 retary of Defense may reimburse the member for up to

8 $500 of the amount of the license fee paid by the

9 member.’’.

10 SEC. 706. CHIROPRACTIC HEALTH CARE DEMONSTRATION

11 PROGRAM.

12 (a) REQUIREMENT FOR PROGRAM.—(1) Not later

13 than 120 days after the date of enactment of this Act,

14 the Secretary of Defense, in consultation with the sec15 retaries of the military departments, shall develop and

16 carry out a demonstration program to evaluate the fea17 sibility and advisability of furnishing chiropractic care

18 through the medical care facilities of the Armed Forces.

19 (2) In carrying out the program, the Secretary of De20 fense shall—

21 (A) subject to paragraph (3), designate not less

22 than 10 major military medical treatment facilities

23 of the Department of Defense to furnish chiropractic

24 care under the program; and
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1 (B) enter into agreements with such number of

2 chiropractors as the Secretary determines sufficient

3 for the purposes of the program to furnish chiro4 practic care at such facilities under the program.

5 (3) The Secretary may not designate under para6 graph (2) any treatment facility that is located on a mili7 tary installation scheduled for closure or realignment

8 under a base closure law.

9 (b) PROGRAM PERIOD.—The Secretary shall carry

10 out the demonstration program in fiscal years 1995

11 through 1997.

12 (c) REPORTING REQUIREMENTS.—(1) Not later than

13 January 30, 1995, the Secretary of Defense shall submit

14 to the Committees on Armed Services of the Senate and

15 the House of Representatives a report on the demonstra16 tion program. The report shall—

17 (A) identify the treatment facilities designated

18 pursuant to subsection (a)(2)(A); and

19 (B) include a discussion of the plan for the con20 duct of the program.

21 (2) Not later than May 1, 1995, the Secretary of De22 fense shall submit to the committees referred to in para23 graph (1) a plan for evaluating the program, including a

24 schedule for conducting progress reviews and for submit25 ting a final report to the committees.
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1 (3) The Secretary shall submit to the committees re2 ferred to in paragraph (1) a final report in accordance

3 with the plan submitted to such committees pursuant to

4 paragraph (2).

5 (d) OVERSIGHT ADVISORY COMMITTEE.—(1)(A) Not

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

7 Act, the Secretary of Defense shall establish an oversight

8 advisory committee to assist and advise the Secretary with

9 regard to the development and conduct of the demonstra10 tion program.

11 (B) The oversight advisory committee shall include

12 the following members:

13 (i) The Comptroller General of the United

14 States, or a designee from within the General Ac15 counting Office.

16 (ii) The Assistant Secretary of Defense for

17 Health Affairs, or a designee.

18 (iii) The Surgeon General of the Army, or a

19 designee.

20 (iv) The Surgeon General of the Navy, or a

21 designee.

22 (v) The Surgeon General of the Air Force, or

23 a designee.
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1 (vi) Not fewer than four independent represent2 atives of the chiropractic health care profession, ap3 pointed by the Secretary of Defense.

4 (2) The oversight advisory committee shall assist the

5 Secretary of Defense regarding—

6 (A) issues involving the professional credentials

7 of the chiropractors participating in the program;

8 (B) the granting of professional practice privi9 leges for the chiropractors at the treatment facilities

10 participating in the program;

11 (C) the preparation of the reports required

12 under subsection (c); and

13 (D) the evaluation of the program.

14 (e) DEFINITION.—For purposes of this section, the

15 term ‘‘base closure law’’ means each of the following:

16 (1) The Defense Base Closure and Realignment

17 Act of 1990 (part A of title XXIX of Public Law

18 101–510; 10 U.S.C. 2687 note).

19 (2) Title II of the Defense Authorization

20 Amendments and Base Closure and Realignment

21 Act (Public Law 100–526; 10 U.S.C. 2687 note).

22 (3) Section 2687 of title 10, United States

23 Code.
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1 SEC. 707. IMPLEMENTATION OF ANNUAL HEALTH CARE

2 SURVEY REQUIREMENT.

3 Section 724 of the National Defense Authorization

4 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

5 2440; 10 U.S.C. 1071 note) is amended—

6 (1) by redesignating subsection (b) as sub7 section (c); and

8 (2) by inserting after subsection (a) the follow9 ing new subsection (b):

10 ‘‘(b) EXEMPTION.—An annual survey under sub11 section (a) shall be treated as not a collection of informa12 tion for the purposes for which such term is defined in

13 section 3502(4) of title 44.’’.

14 SEC. 708. ESTABLISHMENT OF MEDICARE SPECIAL EN15 ROLLMENT PERIOD FOR CERTAIN MILITARY

16 RETIREES AND DEPENDENTS AND PAYMENT

17 OF LATE ENROLLMENT PENALTY BY DEPART18 MENT OF DEFENSE.

19 (a) SPECIAL ENROLLMENT PERIOD.—Section 1837

20 of the Social Security Act (42 U.S.C. 1395p) is amended

21 by adding at the end the following new subsection:

22 ‘‘(j) In the case of an individual described in section

23 1839(g)(2), there shall be a special enrollment period—

24 ‘‘(1) beginning 45 days before the scheduled

25 date of the closure of the individual’s military treat26 ment facility (as defined in section 1839(g)(3)(C))
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1 and ending on the last day of the eighth month fol2 lowing the month in which the facility closed, or

3 ‘‘(2) in the case of a military treatment facility

4 that closed prior to January 1, 1995, beginning Jan5 uary 1, 1995, and ending at the end of August 31,

6 1995.’’.

7 (b) COVERAGE PERIOD FOR SPECIAL ENROLL8 MENTS.—Section 1838 of the Social Security Act (42

9 U.S.C. 1395q) is amended by adding at the end the follow10 ing new subsection:

11 ‘‘(f) Notwithstanding subsection (a), in the case of

12 an individual who enrolls during a special enrollment pe13 riod pursuant to section 1837(j), the coverage period shall

14 begin on the first day of the month following the month

15 in which the individual enrolls.’’.

16 (c) PAYMENT BY DEPARTMENT OF DEFENSE OF

17 MEDICARE PART B LATE ENROLLMENT PENALTY.—Sec18 tion 1839 of the Social Security Act (42 U.S.C. 1395r)

19 is amended by adding at the end the following new sub20 section:

21 ‘‘(g)(1) The increase in premiums under subsection

22 (b) due to late enrollment under this part by an individual

23 described in paragraph (2) who enrolls under this program

24 during a special enrollment period provided under section
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1 1837(j) shall be paid by the Secretary of the military de2 partment concerned.

3 ‘‘(2) An individual described in this paragraph is an

4 individual who, as of the date of the announcement of the

5 closure of the individual’s military treatment facility—

6 ‘‘(A) is 65 years of age or older;

7 ‘‘(B) is eligible for health care under section

8 1074(b) or 1076(b) of title 10, United States Code;

9 ‘‘(C) has never, since attaining the age of 65,

10 been enrolled under this part; and

11 ‘‘(D) has continuously maintained a primary

12 residence within 65 miles of a military treatment fa13 cility since attaining the age of 65.

14 ‘‘(3) For purposes of this subsection:

15 ‘‘(A) The date of the announcement of the clo16 sure of a military treatment facility is the date of

17 the submission to Congress under a base closure law

18 of a report recommending the closure of the military

19 base at which the facility is located.

20 ‘‘(B) The term ‘base closure law’ has the mean21 ing given such term in section 2825(d) of the Na22 tional Defense Authorization Act for Fiscal Years

23 1992 and 1993 (10 U.S.C. 2687 note).

24 ‘‘(C) The term ‘closure of the individual’s mili25 tary treatment facility’ means, with respect to an in-
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1 dividual, the closure under a base closure law of the

2 last military treatment facility within 65 miles of the

3 primary residence of the individual.

4 ‘‘(D) The term ‘military treatment facility’

5 means a facility of a uniformed service referred to

6 in section 1074(a) of title 10, United States Code,

7 in which health care is provided.’’.

8 SEC. 709. ELIGIBILITY FOR PARTICIPATION IN DEM9 ONSTRATION PROGRAMS FOR SALE OF PHAR10 MACEUTICALS.

11 Subparagraph (B) of section 702(c)(2) of the Na12 tional Defense Authorization Act for Fiscal Year 1993 (10

13 U.S.C. 1079 note) is amended to read as follows:

14 ‘‘(B) either—

15 ‘‘(i) resides in an area that is ad16 versely affected (as determined by the Sec17 retary) by the closure of a health care fa18 cility of the uniformed services as a result

19 of the closure or realignment of the mili20 tary installation at which such facility is

21 located; or

22 ‘‘(ii) can demonstrate to the satisfac23 tion of the Secretary that the person ob24 tained pharmaceuticals at a health care fa-
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1 cility referred to in clause (i) before the

2 closure of the facility.’’.

3 TITLE VIII—ACQUISITION POL4 ICY, ACQUISITION MANAGE5 MENT, AND RELATED MAT6 TERS

7 Subtitle A—Use of Merit Based

8 Selection Procedures

9 SEC. 801. POLICY FOR MERIT BASED AWARD OF CON10 TRACTS AND GRANTS.

11 (a) POLICY.—Section 2301 of title 10, United States

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

13 subsection:

14 ‘‘(e)(1) It is the policy of Congress that the Depart15 ment of Defense should not be required by legislation to

16 award a new contract or grant to a specific non-Federal

17 Government entity. It is further the policy of Congress

18 that any program, project, or technology identified in

19 legislation be procured through merit-based selection

20 procedures.

21 ‘‘(2) A provision of law may not be construed as re22 quiring the Department of Defense to award a new con23 tract or grant to a specific non-Federal Government entity

24 unless that provision of law—

25 ‘‘(A) specifically refers to this subsection;
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1 ‘‘(B) specifically identifies the particular non2 Federal Government entity to be awarded the con3 tract or grant; and

4 ‘‘(C) sets forth the national defense purpose to

5 be fulfilled by requiring the department to award a

6 new contract or grant to the specified non-Federal

7 Government entity.

8 ‘‘(3) The head of an agency may not award a contract

9 or make a grant pursuant to a provision of law that au10 thorizes or requires the awarding of the contract or the

11 making of the grant, as the case may be, in a manner

12 that is inconsistent with the policy set forth in paragraph

13 (1) until—

14 ‘‘(A) the Secretary of Defense submits to Con15 gress a notice in writing of the intent to award such

16 contract or to make such grant; and

17 ‘‘(B) a period of 180 days elapses after the date

18 on which the notice is received by Congress.

19 ‘‘(4) For purposes of this subsection—

20 ‘‘(A) a contract is a new contract unless the

21 work provided for in the contract is a continuation

22 of the work provided for in a preceding contract; and

23 ‘‘(B) a grant is a new grant unless the work

24 funded by the grant is substantially a continuation
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1 of the work for which funding is provided in a pre2 ceding grant.

3 ‘‘(4) Paragraph (3) does not apply to the Secretary

4 of Transportation or the Administrator of the National

5 Space and Aeronautics Administration.’’.

6 SEC. 802. CONTINUATION OF EXPIRING REQUIREMENT FOR

7 ANNUAL REPORT ON THE USE OF COMPETI8 TIVE PROCEDURES FOR AWARDING CERTAIN

9 CONTRACTS TO COLLEGES AND UNIVER10 SITIES.

11 Paragraph (3) of section 2361(c) of title 10, United

12 States Code, is repealed.

13 Subtitle B—Acquisition Assistance

14 Programs

15 SEC. 811. PROCUREMENT TECHNICAL ASSISTANCE PRO16 GRAMS.

17 (a) FUNDING.—Of the amount authorized to be ap18 propriated under section 301(5), $12,000,000 shall be

19 available for carrying out the provisions of chapter 142

20 of title 10, United States Code.

21 (b) SPECIFIC PROGRAMS.—Of the amounts made

22 available pursuant to subsection (a), $600,000 shall be

23 available for fiscal year 1995 for the purpose of carrying

24 out programs sponsored by eligible entities referred to in

25 subparagraph (D) of section 2411(1) of title 10, United
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1 States Code, that provide procurement technical assist2 ance in distressed areas referred to in subparagraph (B)

3 of section 2411(2) of such title. If there is an insufficient

4 number of satisfactory proposals for cooperative agree5 ments in such distressed areas to allow effective use of

6 the funds made available in accordance with this sub7 section in such areas, the funds shall be allocated among

8 the Defense Contract Administration Services regions in

9 accordance with section 2415 of such title.

10 SEC. 812. PILOT MENTOR-PROTEGE PROGRAM.

11 Of the amounts authorized to be appropriated for fis12 cal year 1995 pursuant to title I of this Act, $50,000,000

13 shall be available for conducting the pilot Mentor-Protege

14 Program established pursuant to section 831 of the Na15 tional Defense Authorization Act for Fiscal Year 1991

16 (Public Law 101–510; 10 U.S.C. 2301 note).

17 SEC. 813. INFRASTRUCTURE ASSISTANCE FOR HISTORI18 CALLY BLACK COLLEGES AND OTHER MINOR19 ITY INSTITUTIONS OF HIGHER EDUCATION.

20 Of the amounts authorized to be appropriated for fis21 cal year 1995 pursuant to title II of this Act, $35,000,000

22 shall be available for such fiscal year for infrastructure

23 assistance to historically Black colleges and universities

24 and minority institutions under section 2323(c)(3) of title

25 10, United States Code.
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1 SEC. 814. EXTENSION OF TEST PROGRAM FOR NEGOTIA2 TION OF COMPREHENSIVE SMALL BUSINESS

3 SUBCONTRACTING PLANS.

4 Section 834(e) of the National Defense Authorization

5 Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note)

6 is amended by striking out ‘‘September 30, 1994’’ in the

7 second sentence and inserting in lieu thereof ‘‘September

8 30, 1998’’.

9 SEC. 815. LIMITATION REGARDING ACQUISITION ASSIST10 ANCE REGULATIONS REQUIRED BY PUBLIC

11 LAW 103–160 BUT NOT ISSUED.

12 (a) LIMITATION ON THE USE OF FUNDS.—None of

13 the funds authorized to be appropriated by this Act that

14 are made available for program element 65104D activities

15 may be expended until the Secretary of Defense takes the

16 actions required by the following provisions of the Na17 tional Defense Authorization Act for Fiscal Year 1994

18 (Public Law 103–160):

19 (1) Section 811(d)(1), relating to regulations

20 that address the matters described in subsections (g)

21 and (h)(2) of section 2323 of title 10, United States

22 Code.

23 (2) Section 813(b)(1), relating to the Depart24 ment of Defense policy regarding the pilot Mentor25 Protege Program.
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1 (b) ACTIONS REQUIRED.—(1) With respect to the

2 regulations referred to in subsection (a)(1), the Secretary

3 shall—

4 (A) publish proposed regulations within 15 days

5 after the date of the enactment of this Act in ac6 cordance with section 22 of the Office of Federal

7 Procurement Policy Act (41 U.S.C. 418b);

8 (B) provide a period of not less than 60 days

9 for public comment on the proposed regulations; and

10 (C) publish the final regulations not later than

11 120 days after the date of the enactment of this Act.

12 (2) With respect to the action referred to in sub13 section (a)(2), the Secretary shall ensure that—

14 (A) within 30 days after the date of the enact15 ment of this Act, the Department of Defense policy

16 regarding the pilot Mentor-Protege Program is in17 corporated into the Department of Defense Supple18 ment to the Federal Acquisition Regulation as an

19 appendix; and

20 (B) any subsequent revision to such policy (or

21 any successor to such policy) is published and main22 tained in such supplement as an appendix.

23 (c) PROGRAM ELEMENT 65104D ACTIVITIES DE24 FINED.—For purposes of this section, the program ele25 ment 65104D activities referred to in subsection (a) are
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1 the activities described as program element 65104D in the

2 materials submitted to Congress by the Secretary of De3 fense in support of the budget for fiscal year 1995 that

4 was submitted to Congress pursuant to section 1105(a)

5 of title 31, United States Code.

6 Subtitle C—Other Matters

7 SEC. 821. USE OF CERTAIN FUNDS PENDING SUBMISSION

8 OF A NATIONAL TECHNOLOGY AND INDUS9 TRIAL BASE PERIODIC DEFENSE CAPABILITY

10 ASSESSMENT AND A PERIODIC DEFENSE CA11 PABILITY PLAN.

12 (a) LIMITATION.—None of the funds authorized to

13 be appropriated by this Act that are made available for

14 program element 65104D activities may be expended until

15 the Secretary of Defense submits to Congress—

16 (1) a national technology and industrial base

17 periodic defense capability assessment required by

18 section 2505 of title 10, United States Code; and

19 (2) and a periodic defense capability plan re20 quired by section 2506 of such title.

21 (b) PROGRAM ELEMENT 65104D ACTIVITIES DE22 FINED.—For purposes of this section, the program ele23 ment 65104D activities referred to in subsection (a) are

24 the activities described as program element 65104D in the

25 materials submitted to Congress by the Secretary of De-
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1 fense in support of the budget for fiscal year 1995 that

2 was submitted to Congress pursuant to section 1105(a)

3 of title 31, United States Code.

4 SEC. 822. DELEGATION OF INDUSTRIAL MOBILIZATION AU5 THORITY.

6 Section 2538 of title 10, United States Code, is

7 amended—

8 (1) by striking out ‘‘through the Secretary of

9 Defense’’ each place it appears in subsections (a),

10 (c), and (d) and inserting in lieu thereof ‘‘through

11 the head of any department’’; and

12 (2) in subsection (c)—

13 (A) by striking out ‘‘in the opinion of the

14 Secretary of Defense’’ in the matter above

15 paragraph (1) and inserting in lieu thereof ‘‘in

16 the opinion of the head of any department’’;

17 and

18 (B) by striking out ‘‘Secretary’’ each place

19 it appears in paragraphs (2) and (3) and insert20 ing in lieu thereof ‘‘head of the department’’.
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1 SEC. 823. PERMANENT AUTHORITY FOR THE DEPARTMENT

2 OF DEFENSE TO SHARE EQUITABLY THE

3 COSTS OF CLAIMS UNDER INTERNATIONAL

4 ARMAMENTS COOPERATIVE PROGRAMS.

5 Subsection (c) of section 843 of the National Defense

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

7 484; 106 Stat. 2469; 10 U.S.C. 2350a note) is repealed.

8 SEC. 824. DETERMINATIONS OF PUBLIC INTEREST UNDER

9 THE BUY AMERICAN ACT.

10 (a) CONSIDERATIONS.—Section 2533 of title 10,

11 United States Code, is amended—

12 (1) by striking out subsections (a) and (b) and

13 inserting in lieu thereof the following:

14 ‘‘(a) In determining under section 2 of title III of

15 the Act of March 3, 1993 (41 U.S.C. 10a), popularly

16 known as the ‘Buy American Act’, whether application of

17 title III of such Act is inconsistent with the public interest,

18 the Secretary of Defense shall consider the following:

19 ‘‘(1) The bids or proposals of small business

20 firms in the United States which have offered to fur21 nish American goods.

22 ‘‘(2) The bids or proposals of all other firms in

23 the United States which have offered to furnish

24 American goods.

25 ‘‘(3) The United States balance of payments.
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1 ‘‘(4) The cost of shipping goods which are other

2 than American goods.

3 ‘‘(5) Any duty, tariff, or surcharge which may

4 enter into the cost of using goods which are other

5 than American goods.

6 ‘‘(6) Any need to coordinate acquisition activi7 ties of the Department of Defense with obligations

8 contained in international agreements and with the

9 acquisition activities of major United States allies.

10 ‘‘(7) A need to ensure that the Department of

11 Defense has access to advanced state-of-the-art com12 mercial technology.

13 ‘‘(8) A need to protect the national technology

14 and industrial base and to provide for a defense mo15 bilization base.

16 ‘‘(9) A need to ensure that application of dif17 ferent rules of origin for United States end items

18 and foreign end items does not result in an award

19 to a firm other than a firm providing a product pro20 duced in the United States.

21 ‘‘(10) Any need—

22 ‘‘(A) to maintain the same source of sup23 ply for spare and replacement parts for an end

24 item that qualifies as an American good; or
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1 ‘‘(B) to maintain the same source of sup2 ply for spare and replacement parts in order

3 not to impair integration of the military and

4 commercial industrial base.

5 ‘‘(11) The national security interests of the

6 United States.’’; and

7 (2) by redesignating subsection (c) as sub8 section (b).

9 (b) CONFORMING AND CLERICAL AMENDMENTS.—

10 (1) The heading of section 2533 of such title is amended

11 to read as follows:

12 ‘‘§ 2533. Determinations of public interest under the

13 Buy American Act’’.

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

15 sections at the beginning of subchapter V of chapter 148

16 of such title is amended to read as follows:

‘‘2533. Determinations of public interest under the Buy American Act.’’.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

20 Subtitle A—Secretarial Matters

21 SEC. 901. ADDITIONAL ASSISTANT SECRETARY OF DE22 FENSE.

23 (a) ESTABLISHMENT OF POSITION.—Section 138(a)

24 of title 10, United States Code, is amended by striking

25 out ‘‘ten’’ and inserting in lieu thereof ‘‘eleven’’.
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1 (b) EXECUTIVE LEVEL IV.—Section 5315 of title 5,

2 United States Code, is amended by striking out ‘‘Assistant

3 Secretaries of Defense (10).’’ and inserting in lieu thereof

4 the following:

5 ‘‘Assistant Secretaries of Defense (11).’’.

6 SEC. 902. ORDER OF SUCCESSION TO SECRETARIES OF THE

7 MILITARY DEPARTMENTS.

8 (a) ARMY.—Section 3017 of title 10, United States

9 Code, is amended—

10 (1) by redesignating paragraph (3) as para11 graph (4); and

12 (2) by inserting after paragraph (2) the follow13 ing new paragraph (3):

14 ‘‘(3) The General Counsel of the Department of

15 the Army.’’.

16 (b) NAVY.—Section 5017 of such title is amended—

17 (1) by redesignating paragraphs (3) and (4) as

18 paragraphs (5) and (6), respectively; and

19 (2) by inserting after paragraph (2) the follow20 ing new paragraph (3):

21 ‘‘(3) The General Counsel of the Department of

22 the Navy.’’.

23 (c) AIR FORCE.—Section 8017 of such title is amend24 ed—
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1 (1) by redesignating paragraph (3) as para2 graph (4); and

3 (2) by inserting after paragraph (2) the follow4 ing new paragraph (3):

5 ‘‘(3) The General Counsel of the Department of

6 the Air Force.’’.

7 Subtitle B—Commission on Roles

8 and Missions of the Armed Forces

9 SEC. 911. REVIEW OF RESERVE COMPONENTS.

10 Section 953(d) of the National Defense Authorization

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

12 1739) is amended—

13 (1) in subsection (d)—

14 (A) by striking out ‘‘and’’ at the end of

15 paragraph (7);

16 (B) by striking out the period at the end

17 of paragraph (8) and inserting in lieu thereof ‘‘;

18 and’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(9) the role of the National Guard and the

22 other reserve components.’’;

23 (2) in subsection (e)(3), by inserting after ‘‘De24 partment of Defense’’ the following: ‘‘, including the
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1 National Guard and the other reserve components’’;

2 and

3 (3) by adding at the end the following new sub4 section:

5 ‘‘(h) RECOMMENDATIONS CONCERNING RESERVE

6 COMPONENTS.—The Commission shall address the roles,

7 missions, and functions of the reserve components within

8 the total force of the armed forces, particularly in light

9 of lower budgetary resources that will be available to the

10 Department of Defense in the future. The Commission

11 should employ or consult private citizens with extensive

12 experience in matters concerning the National Guard and

13 other reserve components.’’.

14 SEC. 912. SUPPORT BY FEDERALLY FUNDED RESEARCH

15 AND DEVELOPMENT CENTERS.

16 Section 957 of the National Defense Authorization

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

18 1741; 10 U.S.C. 111 note) is amended—

19 (1) by adding at the end the following new sub20 section:

21 ‘‘(f) SUPPORT FROM FEDERALLY FUNDED RE22 SEARCH AND DEVELOPMENT CENTERS.—Upon the re23 quest of the chairman of the Commission, the Secretary

24 of Defense shall make available to the Commission, with25 out reimbursement, the services of one or more federally
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1 funded research and development centers covered by spon2 soring agreements of the Department of Defense. The cost

3 of the services made available pursuant to this subsection

4 may not exceed $20,000,000.’’; and

5 (2) by striking out the section heading and in6 serting in lieu thereof the following:

7 ‘‘SEC. 957. PERSONNEL MATTERS; EXPERT SERVICES.’’.

8 Subtitle C—Other Matters

9 SEC. 921. COMPOSITION OF RESERVE FORCES POLICY

10 BOARD.

11 Section 175(a) of title 10, United States Code, is

12 amended—

13 (1) in paragraph (4), by striking out ‘‘or Regu14 lar Marine Corps’’ and inserting in lieu thereof ‘‘and

15 an officer of the Regular Marine Corps each’’;

16 (2) by striking out ‘‘and’’ at the end of para17 graph (8);

18 (3) by striking out the period at the end of

19 paragraph (9) and inserting in lieu thereof ‘‘; and’’;

20 and

21 (4) by adding at the end the following:

22 ‘‘(10) an officer of the Regular Army, Regular

23 Navy, Regular Air Force, or Regular Marine Corps

24 serving in a position on the Joint Staff who is des-
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1 ignated by the Chairman of the Joint Chiefs of

2 Staff.’’.

3 SEC. 922. CONTINUATION OF UNIFORMED SERVICES UNI4 VERSITY OF THE HEALTH SCIENCES.

5 (a) CLOSURE PROHIBITED.—The Uniformed Serv6 ices University of the Health Sciences may not be closed.

7 (b) BUDGETARY COMMITMENT TO CONTINUATION.—

8 It is the sense of Congress that the Secretary of Defense

9 should budget for the ongoing operation of the Uniformed

10 Services University of the Health Sciences as an institu11 tion of professional education that is vital to the education

12 and training each year of significant numbers of personnel

13 of the uniformed services for careers as uniformed services

14 health care providers.

15 SEC. 923. JOINT DUTY CREDIT FOR CERTAIN DUTY PER16 FORMED DURING MILITARY OPERATIONS IN

17 SUPPORT OF UNIFIED, COMBINED, OR UNIT18 ED NATIONS MILITARY OPERATIONS.

19 (a) CREDIT AUTHORIZED.—Section 664 of title 10,

20 United States Code, is amended by adding at the end the

21 following new subsection:

22 ‘‘(i) SPECIAL AUTHORITY.—(1) The Secretary of De23 fense, in consultation with the Chairman of the Joint

24 Chiefs of Staff, may give an officer who has completed

25 service described in paragraph (2) credit for having com-
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1 pleted a full tour of duty in a joint duty assignment, or

2 credit countable for determining cumulative service in

3 joint duty assignments, for the purposes of any provision

4 of this title, notwithstanding the length of such service or

5 whether such service is within the definition of the term

6 ‘joint duty assignment’ prescribed pursuant to section 668

7 of this title.

8 ‘‘(2) Service referred to in paragraph (1) is service

9 performed by an officer in combat or combat related mili10 tary operations, under the operational control of the com11 mander of a unified combatant command, the commander

12 of combined forces of allied nations, or the United Na13 tions, in which the officer gained significant experience in

14 joint matters, as determined by the Secretary.

15 ‘‘(3) Officers for whom joint duty credit is granted

16 pursuant to this subsection—

17 ‘‘(A) shall not be counted for the purposes of

18 paragraphs (7), (8), (9), (11), or (12) of section 667

19 of this title and subsections (a)(3) and (b) of section

20 662 of this title; and

21 ‘‘(B) are not subject to the requirements of sec22 tion 661(c) of this title relating to the sequence for

23 completion of a joint professional military education

24 school, completion of a full tour of duty in a joint
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1 duty assignment, and selection for a joint spe2 cialty.’’.

3 (b) APPLICABILITY.—Subsection (i) of section 664 of

4 title 10, United States Code, as added by subsection (a),

5 shall apply with respect to military operations conducted

6 after July 1, 1992.

7 TITLE X—GENERAL PROVISIONS

8 Subtitle A—Financial Matters

9 SEC. 1001. TRANSFER AUTHORITY.

10 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

11 (1) Upon determination by the Secretary of Defense that

12 such action is necessary in the national interest, the Sec13 retary may transfer amounts of authorizations made avail14 able to the Department of Defense in this division for fis15 cal year 1995 between any such authorizations for that

16 fiscal year (or any subdivisions thereof). Amounts of au17 thorizations so transferred shall be merged with and be

18 available for the same purposes as the authorization to

19 which transferred.

20 (2) The total amount of authorizations that the Sec21 retary of Defense may transfer under the authority of this

22 section may not exceed $2,000,000,000.

23 (b) LIMITATIONS.—The authority provided by this

24 section to transfer authorizations—
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1 (1) may only be used to provide authority for

2 items that have a higher priority than the items

3 from which authority is transferred; and

4 (2) may not be used to provide authority for

5 an item that has been denied authorization by

6 Congress.

7 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

8 transfer made from one account to another under the au9 thority of this section shall be deemed to increase the

10 amount authorized for the account to which the amount

11 is transferred by an amount equal to the amount trans12 ferred.

13 (d) NOTICE TO CONGRESS.—The Secretary of De14 fense shall promptly notify Congress of transfers made

15 under the authority of this section.

16 SEC. 1002. EMERGENCY SUPPLEMENTAL AUTHORIZATION

17 OF APPROPRIATIONS FOR FISCAL YEAR 1994.

18 There is authorized to be appropriated as emergency

19 supplemental appropriations for fiscal year 1994 for the

20 incremental costs arising from ongoing United States op21 erations in Somalia, Bosnia, Southwest Asia, and Haiti,

22 $1,198,300,000 as follows:

23 (1) For Military Personnel:

24 (A) For the Army, $6,600,000.

25 (B) For the Navy, $19,400,000.
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1 (C) For the Air Force, $18,400,000.

2 (2) For Operation and Maintenance:

3 (A) For the Army, $420,100,000.

4 (B) For the Navy, $104,800,000.

5 (C) For the Air Force, $560,100,000.

6 (D) For Defense-wide activities,

7 $21,600,000.

8 (3) For Procurement:

9 (A) For Aircraft Procurement, Army,

10 $20,300,000.

11 (B) For Other Procurement, Army,

12 $200,000.

13 (C) For Other Procurement, Air Force,

14 $26,800,000.

15 SEC. 1003. DATE FOR SUBMISSION OF FUTURE-YEARS MIS16 SION BUDGET.

17 Section 222(a) of title 10, United States Code, is

18 amended by striking out ‘‘at the same time’’ in the second

19 sentence and inserting in lieu thereof ‘‘not later than 60

20 days after the date on which’’.
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1 Subtitle B—Matters Relating to

2 Allies and Other Nations

3 SEC. 1011. REPEAL OF LIMITATION ON OVERSEAS MILI4 TARY END STRENGTH.

5 Section 1302 of the National Defense Authorization

6 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

7 2545; 10 U.S.C. 113 note) is repealed.

8 SEC. 1012. AUTHORIZED END STRENGTH FOR MILITARY

9 PERSONNEL IN EUROPE.

10 (a) END STRENGTH.—Paragraph (1) of section

11 1002(c) of the National Defense Authorization Act, 1985

12 (22 U.S.C. 1928 note) is amended to read as follows:

13 ‘‘(1) The end strength level of members of the Armed

14 Forces of the United States assigned to permanent duty

15 ashore in European member nations of NATO may not

16 exceed a permanent ceiling of approximately 100,000 in

17 any fiscal year.

18 ‘‘(2) Notwithstanding paragraph (1), the end

19 strength level of members of the Armed Forces of the

20 United States assigned to permanent duty ashore in Euro21 pean member nations of NATO may exceed 100,000 in

22 a fiscal year if, before September 1 of that fiscal year,

23 the President certifies to Congress that it is essential for

24 the end strength level to exceed 100,000 in that fiscal year

25 in order to attain national security objectives of the United
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1 States in Europe and that the number of personnel in ex2 cess of 100,000 does not exceed the number of additional

3 personnel necessary to attain such objectives. In no event

4 may the end strength level exceed 113,000 in any fiscal

5 year.’’.

6 (b) CONFORMING AMENDMENT.—Section 1303 of the

7 National Defense Authorization Act for Fiscal Year 1993

8 (Public Law 102–484; 106 Stat. 2546) is repealed.

9 (c) EFFECTIVE DATE.—The amendments made by

10 subsection (a) shall take effect on October 1, 1995.

11 SEC. 1013. EXTENSION AND REVISION OF AUTHORITIES RE12 LATING TO COOPERATIVE THREAT REDUC13 TION.

14 (a) FUNDING FOR FISCAL YEAR 1995.—Funds au15 thorized to be appropriated under section 301(19) shall

16 be available for cooperative threat reduction with states

17 of the former Soviet Union under the Cooperative Threat

18 Reduction Act of 1993 (title XII of Public Law 103–160;

19 22 U.S.C. 5951 et seq.).

20 (b) SEMI-ANNUAL REPORTS.—Section 1207 of such

21 Act (22 U.S.C. 5956) is amended by striking out ‘‘and

22 not later than October 30, 1994,’’ and inserting in lieu

23 thereof ‘‘October 30, 1994, April 30, 1995, and October

24 30, 1995,’’.
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1 SEC. 1014. DEFENSE COOPERATION BETWEEN THE UNITED

2 STATES AND ISRAEL.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) The President has made a commitment to

6 maintaining the qualitative superiority of the Israeli

7 Defense Force over any potential combination of po8 tential adversaries.

9 (2) Despite the peace process in which Israel is

10 engaged, Israel continues to face difficult threats to

11 its national security.

12 (3) The threats are compounded by the pro13 liferation of weapons of mass destruction and ballis14 tic missiles.

15 (4) Congress recognizes the many benefits to

16 the United States resulting from the strategic rela17 tionship that exists between the United States and

18 Israel.

19 (5) Congress is supportive of the objective of

20 the President to enhance United States-Israel mili21 tary and technical cooperation, particularly in the

22 areas of missile defense and counter-proliferation.

23 (6) Congress is supportive of the establishment

24 of the United States-Israel Science and Technology

25 Commission in 1993.
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1 (7) Maintaining the qualitative superiority of

2 the Israeli Defense Force and strengthening the de3 fense ties and science and technology cooperation be4 tween the United States and Israel will help ensure

5 that Israel has the military strength and political

6 support necessary to take risks for peace while pro7 viding Arab states with an incentive to pursue nego8 tiations instead of war.

9 (8) Israel continues to cooperate with the

10 United States on numerous theater missile defense

11 programs, including the Arrow Tactical Anti-Missile

12 program and the boost phase intercept technology

13 program.

14 (9) It is in the national interests of the United

15 States and Israel to strengthen existing mechanisms

16 for cooperation and to eliminate unnecessary bar17 riers to further collaboration between the United

18 States and Israel.

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that Congress—

21 (1) encourages the President to ensure that any

22 conventional defense system or technology offered

23 for release to any NATO or other major non-NATO

24 ally should concurrently be available for purchase by
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1 Israel unless such action would contravene United

2 States national interests; and

3 (2) urges the President to make available to Is4 rael, within existing technology transfer laws, regula5 tions, and policies, advanced United States tech6 nology necessary for continued progress in coopera7 tive United States-Israel research and development

8 of theater missile defenses.

9 SEC. 1015. MILITARY-TO-MILITARY CONTACTS AND COM10 PARABLE ACTIVITIES.

11 (a) ACTIVITIES AUTHORIZED.—(1) Chapter 6 of title

12 10, United States Code, is amended by adding at the end

13 the following new section:

14 ‘‘§ 166b. Military-to-military contacts and comparable

15 activities

16 ‘‘(a) AUTHORITY.—The Secretary of Defense may

17 conduct military-to-military contacts and comparable ac18 tivities that are designed to encourage a democratic ori19 entation of defense establishments and military forces of

20 other countries.

21 ‘‘(b) ADMINISTRATION.—The Secretary may provide

22 funds appropriated for carrying out subsection (a) to the

23 following officials for use as provided in subsection (c):

24 ‘‘(1) The commander of a combatant command,

25 upon the request of the commander.
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1 ‘‘(2) An officer designated by the Chairman of

2 the Joint Chiefs of Staff, with respect to an area or

3 areas not under the area of responsibility of a com4 mander of a combatant command.

5 ‘‘(3) The head of any Department of Defense

6 component.

7 ‘‘(c) AUTHORIZED ACTIVITIES.—An official provided

8 funds under subsection (b) may use such funds for the

9 following activities and expenses:

10 ‘‘(1) The activities of traveling contact teams,

11 including any transportation expenses, translation

12 services expenses, and administrative expenses that

13 are related to such activities.

14 ‘‘(2) The activities of military liaison teams.

15 ‘‘(3) Exchanges of—

16 ‘‘(A) civilian or military personnel between

17 the Department of Defense and defense min18 istries of foreign governments; and

19 ‘‘(B) military personnel between units of

20 the armed forces and units of foreign armed

21 forces.

22 ‘‘(4) Seminars and conferences held primarily

23 in a theater of operations.

24 ‘‘(5) Distribution of publications primarily in a

25 theater of operations.
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1 ‘‘(6) Personnel expenses for Department of De2 fense civilian and military personnel to the extent

3 that such expenses relate to participation in activi4 ties described in paragraphs (3), (4), and (5).

5 ‘‘(7) Reimbursement of military personnel ap6 propriations accounts for the pay and allowances

7 paid to National Guard personnel and other reserve

8 components personnel for service while engaged in

9 activities referred to in other paragraphs of this sub10 section.

11 ‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any

12 amount provided during any fiscal year to an official

13 under subsection (b) for activities or expenses referred to

14 in subsection (c) shall be in addition to amounts otherwise

15 available for such activities and expenses for that fiscal

16 year.

17 ‘‘(e) LIMITATIONS.—(1) Funds may not be provided

18 under this section for a fiscal year for any activity for

19 which—

20 ‘‘(A) funding was proposed in the budget sub21 mitted to Congress for such fiscal year pursuant to

22 section 1105(a) of title 31; and

23 ‘‘(B) Congress did not authorize appropriations.

24 ‘‘(2) An activity may not be conducted under this sec25 tion with a foreign country unless the Secretary of State
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1 approves the conduct of such activity in that foreign coun2 try.

3 ‘‘(f) MILITARY-TO-MILITARY CONTACTS DEFINED.—

4 In this section, the term ‘military-to-military contacts’

5 means contacts between members of the armed forces and

6 members of foreign armed forces through activities de7 scribed in subsection (c).’’.

8 (2) The table of sections at the beginning of chapter

9 6 of such title is amended by adding at the end the follow10 ing new item:

‘‘166b. Military-to-military contacts and comparable activities.’’.

11 (b) FUNDING.—Of the amount authorized to be ap12 propriated under section 301(5) for operation and mainte13 nance for Defense-wide activities, $46,300,000 shall be

14 available to the Secretary of Defense for the purposes of

15 carrying out activities under section 166b of title 10,

16 United States Code, as added by subsection (a).

17 SEC. 1016. FOREIGN DISASTER RELIEF.

18 (a) AUTHORITY.—(1) Subchapter I of chapter 20 of

19 title 10, United States Code, is amended by adding at the

20 end the following new section:

21 ‘‘§ 404. Foreign disaster relief

22 ‘‘(a) IN GENERAL.—The President may conduct dis23 aster relief activities outside the United States to respond

24 to manmade or natural disasters when necessary to pre25 vent loss of lives.
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1 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

2 under this section may include transportation, supplies,

3 services, and equipment.

4 ‘‘(c) DETERMINATION REQUIRED.—No assistance

5 may be furnished pursuant to this section unless the

6 President determines that the provision of disaster relief

7 is in the national interest of the United States and is nec8 essary to prevent loss of lives.

9 ‘‘(d) REPORT REQUIRED.—Not later than 48 hours

10 after the commencement of disaster relief activities, the

11 President shall transmit to the Congress a report contain12 ing the determination required by subsection (c) and a de13 scription of the following:

14 ‘‘(1) The manmade or natural disaster for

15 which disaster relief is necessary.

16 ‘‘(2) The threat to human lives presented by

17 the disaster.

18 ‘‘(3) The United States military personnel and

19 material resources that are involved or expected to

20 be involved.

21 ‘‘(4) The disaster relief that is being provided

22 or is expected to be provided by other nations or

23 public or private relief organizations.

24 ‘‘(5) The anticipated duration of the disaster

25 relief activities.’’.
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1 (2) The table of sections at the beginning of such sub2 chapter is amended by adding at the end the following:

‘‘404. Foreign disaster relief.’’.

3 (b) FUNDING OF ACTIVITIES.—Of the amount au4 thorized to be appropriated under subsection 301(5),

5 $46,300,000 shall be available to the Secretary of Defense

6 for the purpose of carrying out disaster relief activities

7 under section 404 of title 10, United States Code, as

8 added by subsection (a).

9 Subtitle C—Nonproliferation and

10 Counterproliferation of Weapon

11 Systems and Related Systems

12 SEC. 1021. EXTENSION AND REVISION OF NONPROLIFERA13 TION AUTHORITIES.

14 (a) EXTENSION OF NONPROLIFERATION AUTHORI15 TIES.—Section 1505 of the National Defense Authoriza16 tion Act for Fiscal Year 1993 (22 U.S.C. 5859a) is

17 amended—

18 (1) in subsection (a), by striking out ‘‘during

19 fiscal year 1994’’ and inserting in lieu thereof ‘‘dur20 ing fiscal years 1994 and 1995’’; and

21 (2) in subsection (e), by striking out ‘‘fiscal

22 year 1994’’ and inserting in lieu thereof ‘‘fiscal

23 years 1994 and 1995’’.

24 (b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE

25 PROVIDED.—Subsection (b)(4) of such section is amended
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1 by striking out ‘‘nuclear proliferation through joint tech2 nical projects and improved intelligence sharing’’ and in3 serting in lieu thereof ‘‘nuclear, biological, chemical, and

4 missile proliferation through technical projects and im5 proved information sharing’’.

6 (c) SOURCES OF ASSISTANCE.—Subsection (d) of

7 such section is amended—

8 (1) in paragraph (1)—

9 (A) by inserting ‘‘for fiscal year 1994’’

10 after ‘‘under this section’’; and

11 (B) by striking out ‘‘fiscal year 1994 or’’

12 and inserting in lieu thereof ‘‘fiscal year 1994.

13 Funds provided as assistance under this section

14 for fiscal year 1995 shall be derived from

15 amounts made available to the Department of

16 Defense for fiscal year 1995. Alternatively,

17 funds provided as assistance under this section

18 for a fiscal year referred to in this paragraph

19 may be derived’’; and

20 (2) in paragraph (3), by inserting after

21 ‘‘$25,000,000’’ the following: ‘‘for fiscal year 1994

22 or $15,000,000 for fiscal year 1995’’.
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1 SEC. 1022. JOINT COMMITTEE FOR THE REVIEW OF

2 COUNTERPROLIFERATION PROGRAMS OF

3 THE UNITED STATES.

4 (a) COMPOSITION.—Subsection (a) of section 1605 of

5 the National Defense Authorization Act for Fiscal Year

6 1994 (Public Law 103–160; 107 Stat 1845) is amended—

7 (1) in paragraph (1)—

8 (A) by striking out ‘‘Non-Proliferation’’ in

9 the matter above subparagraph (A) and insert10 ing in lieu thereof ‘‘Counterproliferation’’;

11 (B) by striking out subparagraphs (B) and

12 (E); and

13 (C) by redesignating subparagraphs (C),

14 (D), and (F) as subparagraphs (B), (C), and

15 (D), respectively;

16 (2) in paragraph (2), by adding at the end the

17 following: ‘‘The Secretary of Energy shall serve as

18 the Vice Chairman of the committee.’’;

19 (3) in paragraph (4), by adding at the end the

20 following: ‘‘The Secretary of Energy may delegate to

21 the Under Secretary of Energy responsible for na22 tional security programs of the Department of En23 ergy the performance of the duties of the Vice

24 Chairman of the committee.’’; and

25 (4) by striking out paragraph (5).
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1 (b) PURPOSES OF COMMITTEE.—Subsection (b) of

2 such section is amended—

3 (1) in paragraph (1)(A), by striking out ‘‘non4 proliferation policy’’ and inserting in lieu thereof

5 ‘‘counterproliferation policy’’; and

6 (2) by adding at the end the following new

7 paragraphs:

8 ‘‘(3) To prioritize programs and funding.

9 ‘‘(4) To encourage and facilitate interagency

10 and interdepartmental funding of programs in order

11 to ensure necessary levels of funding to develop, op12 erate, and field highly-capable systems.

13 ‘‘(5) To insure that Department of Energy pro14 grams are integrated with the operational needs of

15 other departments and agencies of the Federal Gov16 ernment.

17 ‘‘(6) To ensure that Department of Energy na18 tional security programs include development of sys19 tems for deployment as well as research.’’.

20 (c) DUTIES.—Subsection (c) of such section is

21 amended—

22 (1) in paragraph (1)—

23 (A) by striking out ‘‘(including

24 counterproliferation capabilities) and tech25 nologies for support of United States non-
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1 proliferation policy’’ in the matter above sub2 paragraph (A) and inserting in lieu thereof

3 ‘‘and technologies for support of United States

4 nonproliferation policy and counterproliferation

5 policy’’;

6 (B) by inserting ‘‘and’’ at the end of sub7 paragraph (D); and

8 (C) by striking out subparagraphs (F) and

9 (G);

10 (2) by striking out paragraphs (2), (3), and (7);

11 (3) in paragraph (4), by striking out ‘‘to sup12 port fully the nonproliferation policy of the United

13 States’’;

14 (4) by redesignating paragraphs (4), (5), and

15 (6) as paragraphs (2), (3), and (4), respectively; and

16 (5) by adding at the end the following new

17 paragraph (5):

18 ‘‘(5) assess each fiscal year the effectiveness of

19 the committee actions during the preceding fiscal

20 year, including, particularly, the status of rec21 ommendations made during such preceding fiscal

22 year that were reflected in the budget submitted to

23 Congress pursuant to section 1105(a) of title 31,

24 United States Code, for the fiscal year following the

25 fiscal year in which the assessment is made.’’.
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1 (d) COMMITTEE RECOMMENDATIONS.—Subsection

2 (e) of such section is amended to read as follows:

3 ‘‘(e) RECOMMENDATIONS.—The committee shall sub4 mit to the President and the heads of all appropriate de5 partments and agencies of the Federal Government such

6 programmatic recommendations regarding existing,

7 planned, or new programs as the committee considers ap8 propriate to encourage funding for capabilities and tech9 nologies at the level necessary to support United States

10 counterproliferation policy.’’.

11 (e) EXTENSION OF COMMITTEE.—Subsection (f) of

12 such section is amended by striking out ‘‘six months after

13 the date on which the report of the Secretary of Defense

14 under section 1606 is submitted to Congress’’ and insert15 ing in lieu thereof ‘‘at the end of September 30, 1996’’.

16 SEC. 1023. REPORT ON COUNTERPROLIFERATION ACTIVI17 TIES AND PROGRAMS.

18 (a) REPORT REQUIRED.—Not later than May 1,

19 1995, and not later than May 1 of each year thereafter,

20 the Secretary of Defense shall submit to the appropriate

21 committees of Congress a report of the findings of the

22 Counterproliferation Program Review Committee estab23 lished by section 1605 of the National Defense Authoriza24 tion Act for Fiscal Year 1994 (Public Law 103–160; 107

25 Stat 1845). The Secretary shall submit any special annex
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1 of the report to the committees of Congress that tradition2 ally receive information in the annex in the performance

3 of oversight functions of such committees.

4 (b) CONTENT OF THE REPORT.—The report shall in5 clude the following matters:

6 (1) A complete list, by specific program ele7 ment, of the existing, planned, or newly proposed ca8 pabilities and technologies reviewed by the commit9 tee pursuant to section 1605(c) of Public Law 103–

10 160.

11 (2) A complete description of the requirements

12 and priorities established by the Counterproliferation

13 Program Review Committee.

14 (3) A comprehensive discussion of the near15 term, mid-term, and long-term programmatic op16 tions formulated by the committee for meeting re17 quirements prescribed by the committee and for

18 eliminating deficiencies identified by the committee,

19 including the annual funding requirements and com20 pletion dates established for each such option.

21 (4) An explanation of the recommendations

22 made pursuant to section 1605(c) of Public Law

23 103–160, together with a full discussion of the ac24 tions taken to implement such recommendations or

25 otherwise taken on the recommendations.
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1 (5) A discussion and assessment of the status

2 of each committee recommendation during the fiscal

3 year preceding the fiscal year in which the report is

4 submitted, including, particularly, the status of rec5 ommendations made during such preceding fiscal

6 year that were reflected in the budget submitted to

7 Congress pursuant to section 1105(a) of title 31,

8 United States Code, in the fiscal year of the report.

9 (6) Each specific Department of Energy pro10 gram that the Secretary of Energy plans to develop

11 to initial operating capability and each such program

12 that the Secretary does not plan to develop to initial

13 operating capability.

14 (7) For each technology program scheduled to

15 reach initial operational capability, a recommenda16 tion from the Chairman of the Joint Chiefs of Staff

17 that represents the views of the commanders of the

18 unified and specified commands regarding the utility

19 and requirement of the program.

20 (c) FORMS OF REPORT.—The report shall be submit21 ted in both unclassified and classified forms, including an

22 annex to the classified report for special compartmented

23 information programs, special access programs, and spe24 cial activities programs.

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate committees of Con2 gress’’ means—

3 (A) the Committee on Armed Services, the

4 Committee on Appropriations, and the Select

5 Committee on Intelligence of the Senate; and

6 (B) the Committee on Armed Services, the

7 Committee on Appropriations, and the Select

8 Committee on Intelligence of the House of Rep9 resentatives.

10 (2) The term ‘‘intelligence community’’ has the

11 meaning given such term in section 3 of the Na12 tional Security Act of 1947 (50 U.S.C. 401a).

13 SEC. 1024. AMOUNTS FOR COUNTERPROLIFERATION AC14 TIVITIES.

15 (a) COUNTERPROLIFERATION ACTIVITIES.—Of the

16 amount authorized to be appropriated in section 201(4),

17 $12,500,000 shall be available for counterproliferation ac18 tivities.

19 (b) EDUCATION IN SUPPORT OF COUNTER20 PROLIFERATION ACTIVITIES.—Of the amount authorized

21 to be appropriated in section 301(5), not more than

22 $1,000,000 shall be available for providing education to

23 members of the Armed Forces in matters relating to

24 counterproliferation.
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1 SEC. 1025. RESTRICTION RELATING TO REPORT ON PRO2 LIFERATION OF FOREIGN MILITARY SAT3 ELLITES.

4 None of the funds available to the Department of De5 fense for travel may be expended for travel by the Assist6 ant Secretary of Defense for International Security Policy

7 until the Secretary of Defense submits to Congress the

8 report required by section 1363 of the National Defense

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

10 484; 106 Stat. 2560) together with the certification re11 quired by section 211(d) of the National Defense Author12 ization Act for Fiscal Year 1994 (Public Law 103–160;

13 107 Stat. 1584).

14 Subtitle D—Peace Operations

15 SEC. 1031. REPORTS ON REFORMING MULTILATERAL

16 PEACE OPERATIONS.

17 (a) REPORTS REQUIRED.—The Secretary of Defense

18 shall submit to the congressional defense committees two

19 reports on United States proposals for improving United

20 Nations management of peace operations. The Secretary

21 shall submit the first report not later than December 1,

22 1994, and the second report not later than June 1, 1995.

23 (b) CONTENT OF REPORTS.—(1) Each report shall

24 contain—

25 (A) a discussion of the status of implementation

26 of United States proposals contained in section IV
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1 (relating to strengthening the United Nations) of the

2 document entitled ‘‘The Clinton Administration’s

3 Policy on Reforming Multilateral Peace Operations’’

4 that was issued by the Executive Office of the Presi5 dent in May 1994; and

6 (B) an analysis of the results of such implemen7 tation.

8 (2) Each report shall cover, at a minimum, the fol9 lowing matters:

10 (A) The reconfiguration and expansion of the

11 staff for the United Nations Department of Peace12 keeping Operations.

13 (B) The elimination by the United Nations of

14 lengthy, potentially disastrous delays after a peace

15 operation has been authorized.

16 (C) The establishment by the United Nations of

17 a professional peace operations training program for

18 commanders and other military and civilian person19 nel.

20 (D) United States assistance to facilitate im21 provements by the United Nations in the matters

22 described in subparagraphs (A) and (C) and the

23 terms under which such assistance has been or is

24 being provided.
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1 (c) DEFINITION.—Is this section, the term ‘‘peace op2 eration’’ means an operation to maintain or restore inter3 national peace and security under chapter VI or chapter

4 VII of the Charter of the United Nations.

5 SEC. 1032. SUPPORT FOR INTERNATIONAL PEACEKEEPING

6 AND PEACE ENFORCEMENT.

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the President should initiate consultations

10 with the bipartisan leadership of Congress, including

11 the leadership of the relevant committees, as far in

12 advance as possible regarding international peace13 keeping or peace enforcement activities of the Unit14 ed Nations that would involve the participation of

15 United States combat forces and such consultations

16 should continue throughout the duration of such ac17 tivities;

18 (2) the consultations should take place prior to

19 the vote by the United States on United Nations Se20 curity Council resolutions authorizing, extending, or

21 revising the mandates for these types of activities;

22 (3) United Nations Security Council resolutions

23 authorizing peacekeeping or peace enforcement ac24 tivities should clearly state the threat to inter25 national peace and security presented by the conflict
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1 in question, as well as the political and military ob2 jectives, the anticipated duration, and an exit strat3 egy for each activity;

4 (4) the United States should be fully reim5 bursed for troop contributions and assistance pro6 vided to United Nations peacekeeping and peace en7 forcement activities;

8 (5) the United Nations should rarely conduct

9 peace enforcement operations in view of the complex10 ity of such operations and the difficulty of achieving

11 unity of command and expeditious decisionmaking

12 through the United Nations;

13 (6) United States combat forces should be

14 under the operational control of qualified command15 ers and should have clear and effective command

16 and control arrangements, appropriate rules of en17 gagement, and clear and unambiguous mission state18 ments;

19 (7) United States combat forces should not be

20 under the command and control of foreign com21 manders in peace enforcement operations conducted

22 by the United Nations except in the most extraor23 dinary circumstances; and

24 (8) the Secretary of Defense should have the

25 lead responsibility within the executive branch for
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1 the management of peacekeeping and peace enforce2 ment activities of the United Nations in which

3 United States combat forces participate.

4 (b) SUPPORT AUTHORIZED.—(1) Section 403 of title

5 10, United States Code, is amended to read as follows:

6 ‘‘§ 403. International peacekeeping and international

7 peace enforcement: support involving

8 United States combat forces

9 ‘‘(a) AUTHORITY.—Notwithstanding any other provi10 sion of law, the Secretary of Defense may—

11 ‘‘(1) pay, out of funds in the Contributions for

12 International Peacekeeping and Peace Enforcement

13 Activities Fund established by subsection (g), the

14 United States fair share (as determined by the Sec15 retary) of assessments for international peacekeep16 ing or international peace enforcement activities of

17 the United Nations in which United States combat

18 forces participate; and

19 ‘‘(2) furnish assistance, on a reimbursable

20 basis, in support of such activities.

21 ‘‘(b) FORMS OF ASSISTANCE.—Assistance provided

22 under this section may include supplies, services, and

23 equipment.

24 ‘‘(c) DETERMINATION REQUIRED.—No assessment

25 may be paid and no assistance may be furnished pursuant
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1 to this section unless the President determines that the

2 provision of assistance is in the national interest of the

3 United States.

4 ‘‘(d) ADVANCE NOTICE.—(1) In the case of any inter5 national peacekeeping or international peace enforcement

6 operation of the United Nations in which United States

7 combat forces are to participate, not less than 15 days

8 before an initial deployment of United States combat

9 forces, payment of a United Nations assessment, furnish10 ing of assistance of a value in excess of $14,000,000, or

11 waiver of reimbursement to the United States under sub12 section (e), the President shall transmit to the designated

13 congressional committees a report, which may be classified

14 in whole or in part, that contains the determination re15 quired by subsection (c) and the following matters:

16 ‘‘(A) A description of the threat to international

17 peace and security presented by the conflict involved.

18 ‘‘(B) The United States interests that will be

19 advanced by the operation and by the United States

20 action.

21 ‘‘(C) The political and military objectives of the

22 operation.

23 ‘‘(D) The exit criteria and likely duration of the

24 operation.
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1 ‘‘(E) The personnel and material resources that

2 have been pledged, or are otherwise expected to be

3 made available, by other nations to the United Na4 tions for the operation.

5 ‘‘(F) The units of the armed forces that will

6 participate.

7 ‘‘(G) The necessity for involvement of United

8 States forces.

9 ‘‘(H) The command arrangements for those

10 forces and, if any of the United States forces are to

11 be placed under the operational control of foreign

12 commanders, the justification for doing so.

13 ‘‘(I) The rules of engagement for the operation.

14 ‘‘(J) An assessment of the risks involved in the

15 operation.

16 ‘‘(K) In the case of payment of an assessment,

17 the amount to be paid and the terms under which

18 the payment is to be made.

19 ‘‘(L) In the case of assistance, the supplies,

20 services, or equipment to be provided by the United

21 States and the terms under which such supplies,

22 services, or equipment are to be provided.

23 ‘‘(M) In the case of a waiver of reimbursement,

24 the justification for the waiver.
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1 ‘‘(2) If the President determines that an unforeseen

2 emergency requires the immediate deployment of United

3 States combat troops or the immediate furnishing of as4 sistance of a value in excess of $14,000,000 under this

5 section, the President—

6 ‘‘(A) may waive the requirement of paragraph

7 (1) that a report be transmitted at least 15 days in

8 advance of the action; and

9 ‘‘(B) shall promptly notify the designated com10 mittees of such waiver and such deployment or

11 transfer.

12 ‘‘(e) REIMBURSEMENT.—(1) The President shall re13 quire reimbursement from the United Nations or from any

14 other source for the participation of any force of the

15 armed forces in support of international peacekeeping or

16 international peace enforcement activities of the United

17 Nations or for the provision of assistance by the Secretary

18 of Defense in support of such activities.

19 ‘‘(2) Any funds received as reimbursements shall be

20 used as follows:

21 ‘‘(A) As a first priority, for the payment of the

22 incremental costs of the military departments and

23 Defense Agencies providing the participating United

24 States forces or the supplies, services, or equipment

25 involved.
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1 ‘‘(B) As a second priority, for the payment of

2 the incremental costs of any other United States

3 forces that are operating in support of international

4 peacekeeping or international peace enforcement ac5 tivities but for which reimbursement is not possible.

6 ‘‘(3) After use of reimbursement funds for the pur7 poses specified in paragraph (2), any remainder of such

8 funds shall be credited to the Contributions for Inter9 national Peacekeeping and Peace Enforcement Activities

10 Fund established by subsection (g).

11 ‘‘(4) Reimbursements utilized for the payment of in12 cremental costs shall be credited, at the option of the Sec13 retary of the military department concerned or the head

14 of the Defense Agency concerned, either to an appropria15 tion, fund, or other account obligated to pay such costs

16 or to an appropriate appropriation, fund, or other account

17 available for paying such costs.

18 ‘‘(f) WAIVER OF REIMBURSEMENT.—The President

19 may waive, in whole or in part, any reimbursement re20 quired under subsection (a)(2) or (e) in exceptional cir21 cumstances upon determining that such waiver is in the

22 national interest of the United States.

23 ‘‘(g) ESTABLISHMENT OF ACCOUNT.—There is here24 by established in the Treasury of the United States a fund

25 to be known as the ‘Contributions for International Peace-
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1 keeping and Peace Enforcement Activities Fund’.

2 Amounts appropriated or otherwise credited to the Fund

3 shall be available until expended for, and shall be used

4 for, paying assessments for United Nations operations

5 under this section.

6 ‘‘(h) AUTHORITY INAPPLICABLE WHEN UNITED

7 STATES COMBAT FORCES NOT INVOLVED.—The author8 ity in subsection (a) to pay United Nations assessments

9 for international peacekeeping and international peace en10 forcement activities of the United Nations may not be con11 strued as authorizing payment of United Nations assess12 ments for any such activity in which United States combat

13 forces do not participate.

14 ‘‘(i) COORDINATION WITH OTHER LAWS.—This sec15 tion may not be construed as superseding any provision

16 of the War Powers Resolution. This section does not pro17 vide authority for the participation of United States com18 bat forces in any international peacekeeping or inter19 national peace enforcement operation.

20 ‘‘(j) DEFINITIONS.—In this section:

21 ‘‘(1) The term ‘designated congressional com22 mittees’ means the Committees on Armed Services,

23 Appropriations, and Foreign Relations of the Senate

24 and the Committees on Armed Services, Appropria-
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1 tions, and Foreign Affairs of the House of Rep2 resentatives.

3 ‘‘(2) The term ‘combat forces’ means forces of

4 the armed forces that have combat missions as pri5 mary missions.

6 ‘‘(3) The term ‘international peacekeeping’

7 means those activities performed pursuant to Chap8 ter VI of the United Nations Charter.

9 ‘‘(4) The term ‘international peace enforcement’

10 means those activities performed pursuant to Chap11 ter VII of the United Nations Charter.’’.

12 (2) The item relating to section 403 in the table of

13 sections at the beginning of subchapter I of chapter 20

14 of such title is amended to read as follows:

‘‘403. International peacekeeping and international peace enforcement: support

involving United States combat forces.’’.

15 (c) AUTHORIZED SUPPORT FOR FISCAL YEAR

16 1995.—Not more than $300,000,000 is authorized to be

17 appropriated for fiscal year 1995 for the Contributions for

18 International Peacekeeping and Peace Enforcement Ac19 tivities Fund under section 301(20).
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1 Subtitle E—Reporting

2 Requirements

3 SEC. 1041. REPORT ON OFFENSIVE BIOLOGICAL WARFARE

4 PROGRAM OF THE STATES OF THE FORMER

5 SOVIET UNION.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) The United States has identified non9 proliferation as a high priority in the conduct of

10 United States national security policy.

11 (2) The United States is seeking universal ad12 herence to global regimes that control nuclear, chem13 ical, and biological weapons and is promoting new

14 measures that provide increased transparency of bio15 logical weapons-related activities and facilities in an

16 effort to help deter violations of and enhance compli17 ance with the Biological Weapons Convention

18 (BWC).

19 (3) Questions continue to arise regarding offen20 sive biological weapons research, development, test21 ing production, and storage in the countries of the

22 former Soviet Union as well as in other countries.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that—
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1 (1) the President should continue to urge all

2 signatories to the Biological Weapons Convention to

3 comply fully with the terms of that convention and

4 with other international agreements relating to the

5 control of biological weapons; and

6 (2) as the President encourages increased

7 transparency of biological weapons-related activities

8 and facilities to deter violations of and enhance com9 pliance with the Biological Weapons Convention, the

10 President should also take appropriate actions to en11 sure that the United States is prepared to counter

12 the effects of use of biological weapons by others.

13 (c) REPORT REQUIRED.—Not later than 120 days

14 after the enactment of this Act, the Secretary of Defense

15 shall submit to the congressional defense committees a re16 port on the status of the offensive biological warfare pro17 gram in the Russian Federation and the other independ18 ent states of the former Soviet Union.

19 (d) CONTENT OF REPORT.—The report shall include

20 the following matters:

21 (1) An assessment of the extent of compliance

22 of the independent states of the former Soviet Union

23 with the Biological Weapons Convention and other

24 international agreements relating to the control of

25 biological weapons.
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1 (2) An evaluation of the extent of control and

2 oversight by the government of the Russian Federa3 tion over the former Soviet military and dual civil4 ian-military biological warfare programs.

5 (3) The extent, if any, of the biological warfare

6 agent stockpile in any of the independent states of

7 the former Soviet Union.

8 (4) The extent and scope, if any, of continued

9 biological warfare research, development, testing,

10 and production by such state, including the sites and

11 types of activity at those sites.

12 (5) An evaluation of the effectiveness of pos13 sible delivery systems of biological weapons, includ14 ing tube and rocket artillery, bomber aircraft, and

15 ballistic missiles.

16 (6) An evaluation of United States capabilities

17 to detect and monitor biological warfare research,

18 development, testing, production, and storage.

19 (7) On the basis of the assessment and evalua20 tions referred to in other paragraphs of this sub21 section, recommendations by the Secretary of De22 fense and Chairman of the Joint Chiefs of Staff for

23 the improvement of United States biological warfare

24 defense and counter-measures.
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1 (e) FORM OF REPORT.—The Secretary shall submit

2 the report in classified and unclassified versions.

3 (f) DEFINITIONS.—In this section:

4 (1) The term ‘‘Biological Weapons Convention’’

5 means the Convention on the Prohibition, Produc6 tion, and Stockpiling of Bacteriological (Biological)

7 and Toxin Weapons and on Their Destruction, done

8 at Washington, London, and Moscow on April 10,

9 1972.

10 (2) The term ‘‘independent states of the former

11 Soviet Union’’ has the same meaning given that

12 term in section 3 of the FREEDOM Support Act

13 (22 U.S.C. 5801).

14 SEC. 1042. CONTINUATION OF REQUIREMENTS FOR SUB15 MITTAL OF CERTAIN REPORTS TO CON16 GRESS.

17 (a) PRESERVATION OF REQUIREMENTS.—The re18 porting requirements set forth in the provisions of law re19 ferred to in subsection (b) shall not terminate under sub20 section (a) of section 1151 of the National Defense Au21 thorization Act for Fiscal Year 1994 (Public Law 103–

22 160; 107 Stat. 1758; 10 U.S.C. 113 note).

23 (b) COVERED REPORTS.—Subsection (a) applies to

24 the reports required under the following provisions of law:
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1 (1) Section 2662 of title 10, United States

2 Code, relating to reports on real property trans3 actions.

4 (2) Section 2672a(b) of title 10, United States

5 Code, relating to reports on urgent acquisitions of

6 land.

7 (3) Section 2687(b)(1) of title 10, United

8 States Code, relating to notifications of certain base

9 closures and realignments.

10 (4) Section 2690(b)(2) of title 10, United

11 States Code, relating to notifications of proposed

12 conversions of heating facilities at United States in13 stallations in Europe.

14 (5) Section 2804(b) of title 10, United States

15 Code, relating to reports on contingency military

16 construction projects.

17 (6) Section 2806(c)(2) of title 10, United

18 States Code, relating to reports on contributions for

19 NATO infrastructure in excess of amounts appro20 priated for such contributions.

21 (7) Subsections (b) and (c) of section 2807 of

22 title 10, United States Code, relating to notifications

23 and reports on architectural and engineering services

24 and construction design.
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1 (8) Section 2823(b) of title 10, United States

2 Code, relating to notifications regarding disagree3 ments between certain officials on the availability of

4 locations for suitable alternative housing for the De5 partment of Defense.

6 (9) Subsections (b) and (c) of section 2825 of

7 title 10, United States Code, relating to notifications

8 regarding improvements of family housing or con9 struction of replacement family housing.

10 (10) Section 2827(b) of title 10, United States

11 Code, relating to notifications regarding relocation of

12 military family housing units.

13 (11) Section 2835(g)(1) of title 10, United

14 States Code, relating to economic analyses on the

15 cost effectiveness of leasing family housing to be

16 constructed or rehabilitated.

17 (12) Section 2861(a) of title 10, United States

18 Code, relating to the annual report on military con19 struction activities and family housing activities.

20 (13) Subsections (e) and (f) of section 2865 of

21 title 10, United States Code, relating to notifications

22 regarding unauthorized energy conservation con23 struction projects and an annual report regarding

24 energy conservation actions.
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1 (14) Section 406(i) of title 37, United States

2 Code, relating to the annual report regarding de3 pendents accompanying members stationed outside

4 the United States in relation to the eligibility of such

5 members to receive travel and transportation allow6 ances.

7 (15) Section 1008(a) of title 37, United States

8 Code, relating to the annual report by the President

9 on adjustments of rates of pay and allowances for

10 members of the uniformed services.

11 (16) Section 326(a)(5) of the National Defense

12 Authorization Act for Fiscal Year 1993 (Public Law

13 102–484; 106 Stat. 2368; 10 U.S.C. 2301 note), re14 lating to reports on use of certain ozone-depleting

15 substances.

16 (17) Subsections (e) and (f) of section 2921 of

17 the National Defense Authorization Act for Fiscal

18 Year 1991 (10 U.S.C. 2687 note), relating to notifi19 cations regarding negotiations for payments-in-kind

20 for the release of improvements at overseas military

21 installations to host countries and an annual report

22 on the status and use of the Department of Defense

23 Overseas Military Facility Investment Recovery Ac24 count.
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1 (18) Section 1505(f)(3) of the Military Child

2 Care Act of 1989 (title XV of Public Law 101–189;

3 103 Stat. 1594; 10 U.S.C. 113 note), relating to re4 ports on closures of military child development cen5 ters.

6 (19) Subsections (a) and (d) of section 7 of the

7 Organotin Antifouling Paint Control Act of 1988

8 (Public Law 100–133; 102 Stat. 607; 33 U.S.C.

9 2406), relating to the annual report on the monitor10 ing of estuaries and near-coastal waters for con11 centrations of organotin.

12 Subtitle F—Acceptance of Pre-re13 lease Services of Nonviolent Of14 fenders

15 SEC. 1051. USE OF INMATE LABOR AT MILITARY INSTALLA16 TIONS.

17 (a) USE OF INMATE LABOR AUTHORIZED.—Chapter

18 155 of title 10, United States Code, is amended by adding

19 at the end the following new section:

20 ‘‘§ 2610. Acceptance of services of inmates of State

21 and local correctional facilities

22 ‘‘(a) USE OF INMATE LABOR.—Subject to subsection

23 (c), the Secretary of a military department may accept in

24 accordance with this section the services of nonviolent of25 fenders incarcerated in a correctional facility of a State
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1 or local government. Services so accepted shall be per2 formed at a military installation in the vicinity of the cor3 rectional facility pursuant to an agreement entered into

4 by the Secretary and the chief executive of the State or

5 local government.

6 ‘‘(b) AUTHORIZED SERVICES.—The services author7 ized to be accepted are as follows:

8 ‘‘(1) Construction, maintenance, or repair of

9 roads.

10 ‘‘(2) Construction of levees or other flood pre11 vention structures.

12 ‘‘(3) Construction, maintenance, or repair of

13 any other public ways or works.

14 ‘‘(4) Clearance, maintenance, or reforesting of

15 public lands.

16 ‘‘(5) Custodial services.

17 ‘‘(c) CONDITIONS FOR ACCEPTANCE OF SERVICES.—

18 The Secretary may accept the services of nonviolent of19 fenders for a military installation under this section only

20 if the Secretary finds that—

21 ‘‘(1) Federal Government employees and con22 tractor employees performing services at the installa23 tion will not be displaced;

24 ‘‘(2) no contract for the provision of services at

25 the installation will otherwise be impaired; and
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1 ‘‘(3) in the case of services in any skill, craft,

2 or trade, there is no surplus of labor for hire in such

3 skill, craft, or trade in the vicinity of the installa4 tion.

5 ‘‘(d) LIMITATION ON PAYMENTS TO CUSTODIAL GOV6 ERNMENTS.—(1) Except as provided in paragraph (2), the

7 Secretary of a military department may not compensate

8 a State or local government for the costs incurred by such

9 government in the provision of services accepted under

10 this section.

11 ‘‘(2) The Secretary may—

12 ‘‘(A) reimburse a State or local government for

13 administrative and other costs directly incurred by

14 that government in making available and supervising

15 offenders as they provide services accepted under

16 this section; and

17 ‘‘(B) pay a nominal amount to the State or

18 local government in order to support any alcohol and

19 drug abuse treatment programs conducted by that

20 government for the offenders who provide such serv21 ices.

22 ‘‘(e) PROHIBITION ON COMPENSATION OF IN23 MATES.—The Secretary may not compensate any offender

24 for services accepted under this section.
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1 ‘‘(f) SUPPORT AUTHORIZED.—The Secretary may

2 provide equipment, supplies, or other materials to be used

3 by offenders in the provision of services accepted under

4 this section.

5 ‘‘(g) INAPPLICABILITY OF OTHER LAWS.—The fol6 lowing provisions of law shall not apply with respect to

7 services accepted under this section:

8 ‘‘(1) Section 1342 of title 31.

9 ‘‘(2) The Fair Labor Standards Act of 1938

10 (29 U.S.C. 201 et seq.).

11 ‘‘(3) The Act entitled ‘An Act relating to the

12 rate of wages for laborers and mechanics employed

13 on public buildings of the United States and the

14 District of Columbia by contractors and subcontrac15 tors, and for other purposes’, approved March 3,

16 1931 (46 Stat. 1494; 40 U.S.C. 276a et seq.), com17 monly referred to as the ‘Davis-Bacon Act’.

18 ‘‘(4) The Act entitled ‘An Act to provide condi19 tions for the purchases of supplies and the making

20 of contracts by the United States, and for other pur21 poses’, approved June 30, 1936 (49 Stat. 2036; 41

22 U.S.C. 35 et seq.), commonly referred to as the

23 ‘Walsh-Healey Act’.

24 ‘‘(5) The Service Contract Act of 1965 (41

25 U.S.C. 351 et seq.).’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by adding

3 at the end the following:

‘‘2610. Acceptance of services of inmates of State and local correctional facilities.’’.

4 SEC. 1052. REVISION OF AUTHORITY FOR USE OF NAVY IN5 STALLATIONS TO PROVIDE EMPLOYMENT

6 TRAINING TO NONVIOLENT OFFENDERS IN

7 STATE PENAL SYSTEMS.

8 (a) SOURCES OF TRAINING.—Subsection (b) of sec9 tion 1374 of the National Defense Authorization Act for

10 Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1821;

11 10 U.S.C. 5013 note) is amended—

12 (1) by striking out the subsection caption and

13 inserting in lieu thereof ‘‘SOURCES OF TRAIN14 ING.—’’; and

15 (2) by inserting before the period at the end the

16 following: ‘‘or may provide such training directly at

17 such installations by agreement with the State con18 cerned’’.

19 (b) LIABILITY AND INDEMNIFICATION.—Subsection

20 (e) of such section is amended—

21 (1) by inserting ‘‘(1)’’ before ‘‘A nonprofit orga22 nization’’; and

23 (2) by adding at the end the following:
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1 ‘‘(2) In any case in which the Secretary provides

2 prerelease employment training directly by agreement with

3 the State concerned, the State shall—

4 ‘‘(A) be liable for any loss or damage to Federal

5 Government property that may result from, or in

6 connection with, the provision of the training except

7 to the extent that the loss or damage results from

8 a wrongful act or omission of Federal Government

9 personnel; and

10 ‘‘(B) hold harmless and indemnify the United

11 States from and against any suit, claim, demand, ac12 tion, or liability arising out of any claim for personal

13 injury or property damage that may result from, or

14 in connection with, the provision of the training ex15 cept to the extent that the personal injury or prop16 erty damage results from a wrongful act or omission

17 of Federal Government personnel.’’.

18 SEC. 1053. USE OF ARMY INSTALLATIONS TO PROVIDE EM19 PLOYMENT TRAINING TO NONVIOLENT OF20 FENDERS IN STATE PENAL SYSTEMS.

21 (a) DEMONSTRATION PROJECT AUTHORIZED.—The

22 Secretary of the Army may conduct a demonstration

23 project to test the feasibility of using Army facilities to

24 provide employment training to nonviolent offenders in a

25 State penal system prior to their release from incarcer-
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1 ation. The demonstration project shall be limited to not

2 more than three military installations under the jurisdic3 tion of the Secretary.

4 (b) SOURCES OF TRAINING.—The Secretary may

5 enter into a cooperative agreement with one or more pri6 vate, nonprofit organizations for purposes of providing at

7 the military installations included in the demonstration

8 project the prerelease employment training authorized

9 under subsection (a) or may provide such training directly

10 at such installations by agreement with the State con11 cerned.

12 (c) USE OF FACILITIES.—Under a cooperative agree13 ment entered into under subsection (b), the Secretary may

14 lease or otherwise make available to a nonprofit organiza15 tion participating in the demonstration project at a mili16 tary installation included in the demonstration project any

17 real property or facilities at the installation that the Sec18 retary considers to be appropriate for use to provide the

19 prerelease employment training authorized under sub20 section (a). Notwithstanding section 2667(b)(4) of title

21 10, United States Code, the use of such real property or

22 facilities may be permitted with or without reimburse23 ment.

24 (d) ACCEPTANCE OF SERVICES.—Notwithstanding

25 section 1342 of title 31, United States Code, the Secretary
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1 may accept voluntary services provided by persons partici2 pating in the prerelease employment training authorized

3 under subsection (a).

4 (e) LIABILITY AND INDEMNIFICATION.—(1) A non5 profit organization participating in the demonstration

6 project shall—

7 (A) be liable for any loss or damage to Federal

8 Government property that may result from, or in

9 connection with, the provision of prerelease employ10 ment training by the organization under the dem11 onstration project; and

12 (B) hold harmless and indemnify the United

13 States from and against any suit, claim, demand, ac14 tion, or liability arising out of any claim for personal

15 injury or property damage that may result from or

16 in connection with the demonstration project.

17 (2) In any case in which the Secretary provides

18 prerelease employment training directly by agreement with

19 the State concerned, the State shall—

20 (A) be liable for any loss or damage to Federal

21 Government property that may result from, or in

22 connection with, the provision of the training except

23 to the extent that the loss or damage results from

24 a wrongful act or omission of Federal Government

25 personnel; and
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1 (B) hold harmless and indemnify the United

2 States from and against any suit, claim, demand, ac3 tion, or liability arising out of any claim for personal

4 injury or property damage that may result from, or

5 in connection with, the provision of the training ex6 cept to the extent that the personal injury or prop7 erty damage results from a wrongful act or omission

8 of Federal Government personnel.

9 (f) REPORT.—Not later than two years after the date

10 of the enactment of this Act, the Secretary shall submit

11 to Congress a report evaluating the success of the dem12 onstration project and containing such recommendations

13 with regard to the termination, continuation, or expansion

14 of the demonstration project as the Secretary considers

15 appropriate.

16 Subtitle G—Other Matters

17 SEC. 1061. REDESIGNATION OF UNITED STATES COURT OF

18 MILITARY APPEALS AND THE COURTS OF

19 MILITARY REVIEW.

20 (a) UNITED STATES COURT OF APPEALS FOR THE

21 ARMED SERVICES.—Section 941 of title 10, United States

22 Code (article 141 of the Uniform Code of Military Jus23 tice), is amended by striking out ‘‘United States Court of

24 Military Appeals’’ and inserting in lieu thereof ‘‘United

25 States Court of Appeals for the Armed Services’’.
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1 (b) COURTS OF MILITARY CRIMINAL APPEALS.—Sec2 tion 866 of title 10, United States Code (article 66 of the

3 Uniform Code of Military Justice), is amended by striking

4 out ‘‘Court of Military Review’’ each place it appears and

5 inserting in lieu thereof ‘‘Court of Military Criminal Ap6 peals’’.

7 (c) CONFORMING AMENDMENTS TO TITLE 10.—(1)

8 The following sections of title 10, United States Code, are

9 amended by striking out ‘‘Court of Military Appeals’’ each

10 place it appears and inserting in lieu thereof ‘‘Court of

11 Appeals for the Armed Services’’: sections 707(a)(2),

12 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944,

13 945, and 946(b)(1).

14 (2) The following sections of title 10, United States

15 Code, are amended by striking out ‘‘Court of Military Re16 view’’ each place it appears and inserting in lieu thereof

17 ‘‘Court of Military Criminal Appeals’’: sections 707(a)(2),

18 862(b), 867, 868, 869, 870, 871, and 873.

19 (3)(A) The heading of subchapter XII of chapter 47

20 of such title is amended to read as follows:

21 ‘‘SUBCHAPTER XII—UNITED STATES COURT OF

22 APPEALS FOR THE ARMED SERVICES’’.

23 (B) The table of subchapters at the beginning of

24 chapter 47 of such title is amended by striking out the
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1 item relating to subchapter XII and inserting in lieu there2 of the following:

‘‘XII. United States Court of Appeals for the Armed Services ....... 941 141’’.

3 (4)(A) The heading of section 866 of such title is

4 amended to read as follows:

5 ‘‘§ 867. Art. 66. Review by Court of Military Criminal

6 Appeals’’.

7 (B) The heading of section 867 of such title is

8 amended to read as follows:

9 ‘‘§ 867. Art. 67. Review by the Court of Appeals for the

10 Armed Services’’.

11 (C) The table of sections at the beginning of sub12 chapter IX of chapter 47 of such title is amended by strik13 ing out the items relating to sections 866 and 867 (articles

14 66 and 67) and inserting in lieu thereof the following:

‘‘866. 66. Review by Court of Military Criminal Appeals.

‘‘867. 67. Review by the Court of Appeals for the Armed Services.’’.

15 (d) CONFORMING AMENDMENTS TO OTHER UNITED

16 STATES CODE TITLES.—(1) The following provisions of

17 the United States Code are amended by striking out

18 ‘‘Court of Military Appeals’’ each place it appears and in19 serting in lieu thereof ‘‘Court of Appeals for the Armed

20 Services’’:

21 (A) In title 5, sections 8334(a)(1), 8336(l),

22 8337(a), 8338(c), 8339(d)(7), and 8339(h) and the

23 table in 8334(c).
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1 (B) In title 18, sections 202(e)(2) and 6001(4).

2 (C) In title 28, sections 1259 and 2101(g).

3 (D) In title 44, section 906.

4 (2)(A) The heading of section 1259 of title 28, Unit5 ed States Code, is amended to read as follows:

6 ‘‘§ 1259. Court of Appeals for the Armed Services; cer7 tiorari’’.

8 (B) The table of sections at the beginning of chapter

9 81 of such title is amended by striking out the item relat10 ing to section 1259 and inserting in lieu thereof the follow11 ing:

‘‘1259. Court of Appeals for the Armed Services; certiorari.’’.

12 (e) CONFORMING AMENDMENT TO OTHER LAW.—

13 Section 109 of the Ethics in Government Act of 1978 (5

14 U.S.C. App.) is amended by striking out ‘‘Court of Mili15 tary Appeals’’ each place it appears in paragraphs (8) and

16 (10) and inserting in lieu thereof ‘‘Court of Appeals for

17 the Armed Services’’.

18 SEC. 1062. ASSISTANCE TO FAMILY MEMBERS OF CERTAIN

19 POW/MIAS WHO REMAIN UNACCOUNTED FOR.

20 (a) SINGLE POINT OF CONTACT.—The Secretary of

21 Defense shall designate an official of the Department of

22 Defense to serve as a single point of contact within the

23 department—
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1 (1) for the immediate family members (or their

2 designees) of any unaccounted-for Korean conflict

3 POW/MIA; and

4 (2) for the immediate family members (or their

5 designees) of any unaccounted-for Cold War POW/

6 MIA.

7 (b) FUNCTIONS.—The official designated under sub8 section (a) shall serve as a liaison between the family

9 members of unaccounted-for Korean conflict POW/MIAs

10 and unaccounted-for Cold War POW/MIAs and the De11 partment of Defense and other Federal departments and

12 agencies that may hold information that may related to

13 such POW/MIAs. The functions of that official shall in14 clude assisting family members—

15 (1) with the procedures the family may follow

16 in their search for information about the unac17 counted-for Korean conflict POW/MIA or unac18 counted-for Cold War POW/MIA, as the case may

19 be;

20 (2) in learning where they may locate informa21 tion about the unaccounted-for POW/MIA; and

22 (3) in learning how and where to identify classi23 fied records that contain pertinent information and

24 that will be declassified.
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1 (c) ASSISTANCE IN OBTAINING DECLASSIFICA2 TION.—The official designated under subsection (a) shall

3 seek to obtain the rapid declassification of any relevant

4 classified records that are identified.

5 (d) REPOSITORY.—The official designated under sub6 section (a) shall provide for a centralized repository for

7 all documents relating to unaccounted-for Korean conflict

8 POW/MIAs and unaccounted-for Cold War POW/MIAs

9 that are located as a result of the official’s efforts.

10 (e) DEFINITIONS.—For purposes of this section:

11 (1) The term ‘‘unaccounted-for Korean conflict

12 POW/MIA’’ means a member of the Armed Forces

13 or civilian employee of the United States who, as a

14 result of service during the Korean conflict, was at

15 any time classified as a prisoner of war or missing16 in-action or otherwise unaccounted for and whose

17 person or remains have not been returned to the

18 United States and who remains unaccounted for.

19 (2) The term ‘‘unaccounted-for Cold War POW/

20 MIA’’ means a member of the Armed Forces or ci21 vilian employee of the United States who, as a result

22 of service during the period from September 2,

23 1945, to August 21, 1991, was at any time classified

24 as a prisoner of war or missing-in-action or other25 wise unaccounted for and whose person or remains
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1 have not been returned to the United States and

2 who remains unaccounted for.

3 (3) The term ‘‘Korean conflict’’ has the mean4 ing given such term in section 101(9) of title 38,

5 United States Code.

6 SEC. 1063. NATIONAL GUARD ASSISTANCE FOR CERTAIN

7 YOUTH AND CHARITABLE ORGANIZATIONS.

8 (a) AUTHORITY TO PROVIDE ASSISTANCE.—Chapter

9 5 of title 32, United States Code, is amended by adding

10 at the end the following:

11 ‘‘§ 508. Assistance for certain youth and charitable or12 ganizations

13 ‘‘(a) AUTHORITY TO PROVIDE SERVICES.—Members

14 and units of the National Guard may provide the services

15 described in subsection (b) to an eligible organization in

16 conjunction with training required under this chapter in

17 any case in which—

18 ‘‘(1) the provision of such services does not ad19 versely affect the quality of that training or other20 wise interfere with the ability of a member or unit

21 of the National Guard to perform the military func22 tions of the member or unit;

23 ‘‘(2) the services to be provided are not com24 mercially available, or any commercial entity that

25 would otherwise provide such services has approved,
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1 in writing, the provision of such services by the Na2 tional Guard;

3 ‘‘(3) National Guard personnel will enhance

4 their military skills as a result of providing such

5 services; and

6 ‘‘(4) the provision of the services will not result

7 in a significant increase in the cost of the training.

8 ‘‘(b) AUTHORIZED SERVICES.—The services author9 ized to be provided under subsection (a) are as follows:

10 ‘‘(1) Ground transportation.

11 ‘‘(2) Air transportation in support of Special

12 Olympics.

13 ‘‘(3) Administrative support services.

14 ‘‘(4) Technical training services.

15 ‘‘(5) Emergency medical assistance and serv16 ices.

17 ‘‘(6) Communications services.

18 ‘‘(7) Security services.

19 ‘‘(c) OTHER AUTHORIZED ASSISTANCE.—Facilities

20 and equipment of the National Guard, including military

21 property of the United States issued to the National

22 Guard and General Services Administration vehicles

23 leased to the National Guard, and General Services Ad24 ministration vehicles leased to the Department of Defense,
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1 may be used in connection with providing services to any

2 eligible organization under this section.

3 ‘‘(d) ELIGIBLE ORGANIZATIONS.—The organizations

4 eligible to receive services under this section are as follows:

5 ‘‘(1) The Boy Scouts of America.

6 ‘‘(2) The Girl Scouts of America.

7 ‘‘(3) The Boys Clubs of America.

8 ‘‘(4) The Girls Clubs of America.

9 ‘‘(5) The Young Men’s Christian Association.

10 ‘‘(6) The Young Women’s Christian Associa11 tion.

12 ‘‘(7) The Civil Air Patrol.

13 ‘‘(8) The United States Olympic Committee.

14 ‘‘(9) The Special Olympics.

15 ‘‘(10) The Campfire Boys.

16 ‘‘(11) The Campfire Girls.

17 ‘‘(12) The 4–H Club.

18 ‘‘(13) The Police Athletic League.

19 ‘‘(14) Any other youth or charitable organiza20 tion designated by the Secretary of Defense.’’.

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

22 at the beginning of such chapter is amended by adding

23 at the end the following:

‘‘508. Assistance for certain youth and charitable organizations.’’.
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1 SEC. 1064. DEFENSE MAPPING AGENCY.

2 (a) UNAUTHORIZED USE OF NAME.—Chapter 167 of

3 title 10, United States Code, is amended by adding at the

4 end the following new section:

5 ‘‘§ 2798. Unauthorized use of Defense Mapping Agen6 cy name, initials, or seal

7 ‘‘(a) No person may, except with the written permis8 sion of the Secretary of Defense, knowingly use the words

9 ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of

10 the Defense Mapping Agency, or any colorable imitation

11 of such words, initials, or seal in connection with any mer12 chandise, retail product, impersonation, solicitation or

13 commercial activity in a manner reasonably calculated to

14 convey the impression that such use is approved, endorsed,

15 or authorized by the Secretary of Defense.

16 ‘‘(b) Whenever it appears to the Attorney General

17 that any person is engaged or about to engage in an act

18 or practice which constitutes or will constitute conduct

19 prohibited by subsection (a), the Attorney General may

20 initiate a civil proceeding in a district court of the United

21 States to enjoin such act or practice. Such court shall pro22 ceed as soon as practicable to hearing and determination

23 of such action and may, at any time before such final de24 termination, enter such restraining orders or prohibitions,

25 or take such other action as is warranted, to prevent in-
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1 jury to the United States or to any person or class of per2 sons for whose protection the action is brought.’’.

3 (b) LIMITATION ON LIABILITY RELATING TO NAVI4 GATIONAL AIDS.—Chapter 167 of such title, as amended

5 by subsection (a), is further amended by adding at the

6 end the following new section:

7 ‘‘§ 2799. Civil actions barred

8 ‘‘(a) CLAIMS BARRED.—No civil action may be

9 brought against the United States on the basis of the con10 tent of a navigational aid prepared or disseminated by the

11 Defense Mapping Agency.

12 ‘‘(b) NAVIGATIONAL AIDS COVERED.—Subsection (a)

13 applies with respect to a navigational aid in the form of

14 a map, a chart, or a publication and any other form or

15 medium of product or information in which the Defense

16 Mapping Agency prepares or disseminates navigational

17 aids.’’.

18 (c) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by adding

20 at the end the following new item:

‘‘2798. Unauthorized use of Defense Mapping Agency name, initials, or seal.

‘‘2799. Civil actions barred.’’.

21 (d) EFFECTIVE DATE.—Section 2799 of title 10,

22 United States Code, as added by subsection (b), shall take

23 effect on the date of the enactment of this Act and shall

24 apply with respect to (1) civil actions brought before such
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1 date that are pending adjudication on such date, and (2)

2 civil actions brought on or after such date.

3 SEC. 1065. TRANSFER OF NAVAL VESSELS TO BRAZIL.

4 (a) AUTHORITY.—The Secretary of the Navy is au5 thorized to transfer to the Government of Brazil the

6 ‘‘KNOX’’ class frigates, MILLER (FF 1091) and

7 VALDEZ (FF 1096). Such transfers shall be on a lease

8 basis under chapter 6 of the Arms Export Control Act

9 (22 U.S.C. 2796 et seq.).

10 (b) WAIVER OF REQUIREMENTS FOR NOTIFICATION

11 TO CONGRESS.—Section 62 of the Arms Export Control

12 Act does not apply with respect to a lease authorized by

13 subsection (a), except that section 62 of such Act shall

14 apply to any renewal of the lease.

15 (c) COSTS OF TRANSFERS.—Any expense of the

16 United States in connection with a transfer authorized by

17 subsection (a) shall be charged to the Government of

18 Brazil.

19 (d) EXPIRATION OF AUTHORITY.—The authority

20 granted by subsection (a) shall expire at the end of the

21 2-year period beginning on the date of the enactment of

22 this Act, except that leases entered into during that period

23 may be renewed.
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1 SEC. 1066. TRANSFERS OF M1A1 TANKS TO THE MARINE

2 CORPS.

3 (a) TRANSFER REQUIRED.—Subject to subsection

4 (b), as M1A1 tanks of the Army become excess to the re5 quirements of the active component of the Army, the Sec6 retary of the Army shall transfer to the Marine Corps as

7 many of such tanks as are necessary to satisfy the require8 ments of the Marine Corps for tanks, as determined by

9 the Secretary of Defense.

10 (b) TRANSFER LIMITS.—The Secretary shall transfer

11 under subsection (a) not less than 84 M1A1 common

12 tanks and not more than 124 such tanks.

13 (c) EXCLUSION OF CERTAIN TRANSFERS.—If any of

14 the tanks transferred under subsection (a) are transferred

15 to the Marine Corps Reserve, the number of tanks not

16 in excess of 48 that are so transferred shall not be counted

17 for purposes of subsection (b).

18 (d) LIMITATION ON TRANSFERS TO ARMY NATIONAL

19 GUARD.—After the date of the enactment of this Act, the

20 Secretary of the Army may not transfer any additional

21 M1A1 tanks to the Army National Guard until the re22 quirements of the Marine Corps referred to in subsection

23 (a) are satisfied within the limits provided in subsection

24 (b).

25 (e) TREATMENT OF CERTAIN TRANSFERRED TANKS

26 UNDER LIMITATIONS.—The transfer of a tank under sec-
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1 tion 112 shall not be counted for purposes of subsection

2 (a), (b), (c), or (d).

3 SEC. 1067. LIMITATION REGARDING MERGER OF TELE4 COMMUNICATIONS SYSTEMS.

5 (a) LIMITATION.—Funds available to the Depart6 ment of Defense may not be expended to merge defense

7 telecommunications systems with the telecommunications

8 system known as ‘‘FTS–2000’’ or with any other civil tele9 communications system until—

10 (1) the Secretary of Defense submits to the

11 congressional defense committees a report contain12 ing—

13 (A) a certification by the Secretary that

14 the merged telecommunications systems, includ15 ing the associated services, will provide assured,

16 secure telecommunications support for Depart17 ment of Defense activities; and

18 (B) a description of how the merger of the

19 systems will be implemented and the merged

20 systems will be managed to meet defense infor21 mation infrastructure requirements, including

22 requirements to support deployed forces and in23 telligence activities; and

24 (2) 30 days elapse after the date on which such

25 report is received by the committees.
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1 (b) DEFENSE TELECOMMUNICATIONS ACTIVITY DE2 FINED.—In this section, the term ‘‘defense telecommuni3 cations system’’ means a system of telecommunications

4 equipment and services that, pursuant to section 2315 of

5 title 10, United States Code, is exempt from the require6 ments of section 111 of the Federal Property and Admin7 istrative Services Act of 1949.

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Calendar No. 478

103D CONGRESS

2D SESSION S. 2208

A BILL

To authorize appropriations for fiscal year 1995 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,

JUNE 20 (legislative day, JUNE 7), 1994

Placed on the calendar