103D CONGRESS

2D SESSION S. 2182

AMENDMENT
In the House of Representatives, U. S.

July 25, 1994.

Resolved, That the bill from the Senate (S. 2182) entitled ‘‘An Act to authorize appropriations for fiscal year 1995

for military activities of the Department of Defense, for military construction, and for defense programs of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause, and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 1995’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

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

5 (1) Division A—Department of Defense Author6 izations.

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

9 (3) Division C—Department of Energy National

10 Security Authorizations and Other Authorizations.

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

12 this Act is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Reserve components.

Sec. 107. Chemical demilitarization program.

Subtitle B—Army Programs

Sec. 111. Procurement of helicopters.

Subtitle C—Navy Programs

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

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

Sec. 123. Prohibition on Trident II backfit.

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

Sec. 125. Limitation on cost of Seawolf submarine program.

Sec. 126. Limitation on procurement of TAGS vessels.
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Sec. 127. Advanced Capability (ADCAP) modification program for the MK–48

torpedo.

Subtitle D—Air Force Programs

Sec. 131. Intertheater airlift programs.

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

Sec. 133. Bomber force upgrade program.

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

Subtitle E—Defense-Wide Activities

Sec. 141. Ballistic missile early warning programs.

Subtitle F—National Defense Sealift Fund

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

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

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

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

Sec. 165. Operation of sealift vessels for which assistance is provided through National Defense Sealift Fund.

Subtitle G—Other Matters

Sec. 171. Transfer of USNS Maury.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

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

Sec. 203. Taconite processing technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Space launch modernization.

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

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

Laser against an object in space.

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

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

Sec. 216. Advanced lithography program.

Sec. 217. Federally funded research and development centers.

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

Sec. 219. Digital battlefield program.

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

Sec. 221. Arrow/ACES program.

Sec. 222. Army helicopter engine upgrade program.

Sec. 223. Research and development for strategic metals.

Subtitle C—Missile Defense Programs

Sec. 231. Ballistic Missile Defense Organization budget presentation.

Sec. 232. Theater Missile Defense programs.

Sec. 233. Theater Missile Defense risk reduction activities.
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Sec. 234. Military satellite communications.

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

Sec. 236. Compliance with the ABM Treaty.

Subtitle D—Women’s Health Research

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

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Defense Business Operations Fund.

Sec. 303. Armed Forces Retirement Home.

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

Sec. 305. Support for the 1996 Olympics.

Sec. 306. Funds for clearing landmines.

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

Subtitle B—Limitations

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

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

military installations.

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

Recreation Center, Europe.

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

Subtitle C—Depot-Level Activities

Sec. 321. Findings.

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

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

for new weapon systems.

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

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

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

agencies.

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

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

of the Department of Defense.

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

Subtitle D—Defense Business Operations Fund

Sec. 341. Oversight of Defense Business Operations Fund.

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

Operations Fund.
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Subtitle E—Department of Defense Domestic and Overseas Schools

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

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

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

enrolled in schools of the defense dependents’ education system.

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

and secondary schools.

Subtitle F—Other Matters

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

Home.

Sec. 362. National Guard youth program.

Sec. 363. Department of Defense food inventory program.

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

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

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

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

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

Department of Defense.

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

funding.

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

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

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

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

to performance by Department of Defense employees.

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

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

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

Defense assigned to nonappropriated fund instrumentalities.

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

Sec. 378. Ships’ stores.

Sec. 379. Program to commemorate World War II.

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

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

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

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

property damage or loss.

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

States firms.

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

military personnel in Europe.

Sec. 386. Authority to transfer certain excess property to educational institutions

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

force.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

with guard units.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

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

Sec. 502. Army field grade officer strength limitations.

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

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

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

and Marine Corps.

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

duty.

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

Subtitle B—Reserve Component Matters

Sec. 511. Selected Reserve activation authority.

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

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

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

members to the Retired Reserve.

Sec. 515. Guard and reserve transition initiatives.

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

Subtitle C—Other Matters

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

Sec. 522. Coast Guard force reduction transition benefits.

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

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

grade E–8.
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Sec. 525. Reimbursement for certain losses of household effects during PCS moves.

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

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

making allegations of sexual harassment or unlawful discrimination.

Sec. 528. Annual report on personnel readiness.

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

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

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

at certain academies.

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

Center of the Defense Language Institute.

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

structure through 1997.

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

Sec. 535. Military recruiting on campus.

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

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

Americans discharged from West Point due to racial prejudice

during post-Civil War period.

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

Naturalization Service, Border Patrol and Customs Service.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

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

to high cost areas in the continental United States.

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

Officers’ Training Corps.

Subtitle B—Bonuses and Special and Incentive Pays

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

nurse anesthetists.

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

Subtitle C—Travel and Transportation Allowances

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

for members stationed outside the continental United States.

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

incident to the serious illness or injury of members.

Subtitle D—Retired Pay and Survivor Benefits

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

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

grade lower than the grade held at retirement.

Sec. 633. Crediting of reserve service of enlisted members for computation of retired pay.
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Sec. 634. Minimum required reserve service for eligibility for retired pay for

nonregular service during force drawdown period.

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

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

plan.

Subtitle E—Other Matters

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

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

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

adopted by members or former members.

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

CHAMPUS, dependents’ dental program, and continued health

benefits coverage.

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

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

health care system.

Subtitle B—Changes to Existing Laws Regarding Health Care Management

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

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

Sec. 713. Strengthening managed health care authorities.

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

option for military health care.

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

Subtitle C—Other Matters

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

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

Texas.

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

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

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

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Assistance Programs

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

PART I—GENERAL IMPROVEMENTS

Sec. 811. Congressional defense procurement policy.

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

Sec. 813. Repeal of vouchering procedures section.

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

parts.

Sec. 815. Contractor guarantees regarding weapon systems.

PART II—MAJOR SYSTEMS STATUTES

Sec. 821. Weapon development and procurement schedules.

Sec. 822. Selected Acquisition Report requirement.

Sec. 823. Unit cost report requirement.

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

Sec. 825. Baseline description.

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

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

PART III—TESTING STATUTES

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

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

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

PART IV—CIVIL RESERVE AIR FLEET

Sec. 841. Definition of contractor.

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

Sec. 843. Use of military installations by contractors.

PART V—MISCELLANEOUS

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

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

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

vehicles.

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

contracts.

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

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

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

implications.

Sec. 858. Extension of test program for negotiation of comprehensive small business subcontracting plans.

Subtitle C—Other Matters

Sec. 871. Environmental consequence analysis of major defense acquisition programs.
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Sec. 872. Award of contracts and grants on the basis of competition.

Sec. 873. Shipbuilding claims.

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

and utility services from local government agencies.

Sec. 875. Defense acquisition pilot program.

Sec. 876. Preference for local residents.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANGAGEMENT

Sec. 901. Revision of National Guard Bureau charter.

Sec. 902. Army Reserve Command.

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

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

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

Secretary of Defense (Comptroller).

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

and Evaluation.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Clarification of scope of authorizations.

Sec. 1003. Incorporation of classified annex.

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

Sec. 1005. Identification and reporting of unauthorized appropriations.

Subtitle B—Counter-Drug Activities

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

agencies.

Subtitle C—Contingency Operations

Sec. 1021. Funding for contingency operations.

Sec. 1022. Extension of authority to enter into certain cooperative agreement authorities to include the United Nations and regional organizations of which the United States is a member.

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

Sec. 1024. Disaster relief.

Sec. 1025. Humanitarian assistance program for clearing landmines.

Subtitle D—Other Matters

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

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

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

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

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

to end WW II.

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

mustard agents during World War II testing activities.

Sec. 1037. Sense of Congress concerning eligibility for Armed Forces Expeditionary Medal based upon service in El Salvador.
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Sec. 1038. Military-to-military contact program.

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

Sec. 1040. Transportation of chemical munitions.

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

Organization.

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

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

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

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

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

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

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

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

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

share of costs of United Nations peacekeeping operations.

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

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

military cooperation programs.

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

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

Conference.

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

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

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

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

development program.

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

testing.

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

TITLE XI—DEFENSE CONVERSION, REINVESTMENT, AND

TRANSITION ASSISTANCE

Sec. 1101. Short title.

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

programs for fiscal year 1995.

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

and Defense Conversion

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

1995.

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

technology reinvestment projects.

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

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

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

Subtitle B—Community Adjustment and Assistance Programs

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

local governments from Office of Economic Adjustment.

Sec. 1122. Studies and plans for market diversification.

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

Subtitle C—Personnel Adjustment, Education, and Training Programs

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

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

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

teachers.

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

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

separated members and terminated defense workers.

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

Defense Conversion Adjustment Program under Job Training

Partnership Act.

Sec. 1137. Expansion of personnel adjustment, education, and training programs

to include Coast Guard.

Sec. 1138. Assistance for certain workers dislocated due to reductions by the United States in the export of defense articles and services.

Subtitle D—ARMS Initiative

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

Sec. 1142. Loan guarantees under Armament Retooling and Manufacturing Support Initiative.

Subtitle E—Other Matters

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

of defense programs.

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

of dual-use ports.

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

technologies.

TITLE XII—COOPERATIVE THREAT REDUCTION,

COUNTERPROLIFERATION, AND RELATED MATTERS

Subtitle A—Cooperative Threat Reduction

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

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

of mass destruction.

Sec. 1203. Cooperative threat reduction.

Sec. 1204. Limitations on Cooperative Threat Reduction Program.
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Subtitle B—Counterproliferation Activities

Sec. 1211. Extension and revision of counterproliferation authorities.

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

Sec. 1213. Fiscal year 1995 amount.

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

report.

TITLE XIII—RESERVE OFFICER PERSONNEL MANAGEMENT

ACT (ROPMA)

Sec. 1301. Short title; table of contents.

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

Subtitle A—Reserve Officer Personnel Management

PART I—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL SYSTEM

Sec. 1311. Promotion and retention of reserve officers.

PART II—CONFORMING AMENDMENTS

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

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

emergency.

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

reserve officers considered for promotion be required to show

cause for retention on active duty.

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

emergency.

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

Sec. 1326. Date of rank.

Sec. 1327. Discharge before completion of required service in case of officers having twice failed of selection for captain or navy lieutenant.

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

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

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

Subtitle B—Other Personnel Policy Amendments

PART I—APPOINTMENTS

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

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

commander.

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

Sec. 1334. Constructive credit for appointment of officers in reserve components

with qualifying education or experience.

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

Reserve.

Sec. 1336. Repeal of miscellaneous obsolete appointment authorities.

PART II—RETIREMENT AND SEPARATION

Sec. 1341. Computation of highest grade in which satisfactorily served for reserve

commissioned officers and former officers.
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PART III—OTHER AMENDMENTS

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

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

as an officer.

Subtitle C—Reorganization and Consolidation of Laws Relating to Reserve

Components

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

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

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

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

Sec. 1365. Legislative construction.

Subtitle D—Technical and Clerical Amendments

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

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

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

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

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

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

Sec. 1377. Amendments to other laws.

Subtitle E—Transition Provisions

Sec. 1381. Continuation on the reserve active-status list of certain reserve colonels

of the Army and Air Force.

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

Air Force officers.

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

Marine Corps officers.

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

Sec. 1385. Minimum service qualifications for promotion.

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

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

reserve active-status list.

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

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

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

and Marine Corps.

Subtitle F—Effective Dates and General Savings Provisions

Sec. 1391. Effective dates.

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

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

TITLE XIV—BOSNIA AND HERZEGOVINA SELF-DEFENSE

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Termination of arms embargo.

Sec. 1404. Provision of United States military assistance.
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DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

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

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

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

Carolina, for which funds have been appropriated.

TITLE XXII—NAVY

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

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

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

Naval Supply Center, Pensacola, Florida.

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

TITLE XXIII—AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

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

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

Base, Florida, for which funds have been appropriated.

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

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

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Family housing.

Sec. 2403. Improvement to military family housing units.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

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

Charleston, South Carolina.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

INFRASTRUCTURE

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

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

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

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

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

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

law.

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

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

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

Sec. 2802. Navy housing investment agreements.

Sec. 2803. Navy Housing Investment Board.

Subtitle B—Defense Base Closure and Realignment

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

economic planning undertaken by communities adjacent to military installations.

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

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

and realignments.

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

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

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

certain base realignments.

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

Subtitle C—Changes to Existing Land Conveyance Authority

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

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

Virginia.

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

Reserve Plant, New York, as nature preserve.

Sec. 2824. Release of reversionary interest retained as part of conveyance of electricity distribution system, Fort Dix, New Jersey.

Subtitle D—Land Conveyances

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

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

New York.

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

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

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

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

Coronado, California.

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

in Baltimore, Maryland.

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

James City County, and Newport News, Virginia.

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

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

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

Subtitle E—Other Matters

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

use certain navy property.

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

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

Francisco, California.

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

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

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

Sawyer Air Force Base, Michigan.

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

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

nondefense toxic and hazardous materials at military installations.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

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

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Transfer authority.

Sec. 3125. Authority for construction design.

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

Sec. 3127. Authority for emergency planning, design, and construction activities.

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

of Energy.

Sec. 3129. Availability of funds.

Subtitle C—Program Authorizations, Restrictions, and Limitations

Sec. 3131. Stockpile stewardship recruitment and training program.

Sec. 3132. Defense inertial confinement fusion program.
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Sec. 3133. Payment of penalties.

Sec. 3134. Water management programs.

Sec. 3135. Worker protection at nuclear weapons facilities.

Sec. 3136. Worker health and protection.

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

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

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

Sec. 3140. Prohibition on prefinancing.

Sec. 3141. International Center for Applied Research.

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

Subtitle D—Other Matters

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

Sec. 3152. Approval for certain nuclear weapons activities.

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

Site, Nevada.

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

cycle.

Sec. 3155. Release of certain restricted data.

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

Sec. 3157. Report on economic redevelopment and conversion activities resulting

from reconfiguration of Department of Energy nuclear weapons

complex.

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

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD AUTHORIZATION

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

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

Sec. 3302. Rejection of change in stockpiling principles.

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

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

Defense Stockpile.

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

purity electrolytic chromium metal.

TITLE XXXIV—CIVIL DEFENSE

Sec. 3401. Authorization of appropriations.

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

Disaster Relief and Emergency Assistance Act.

TITLE XXXV—NAVAL PETROLEUM RESERVES

Sec. 3501. Authorization of appropriations.

Sec. 3502. Price requirement on sale of certain petroleum during fiscal year 1995.
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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

4 and the Committees on Appropriations of the Senate and

5 House of Representatives.

6 DIVISION A—DEPARTMENT OF

7 DEFENSE AUTHORIZATIONS

8 TITLE I—PROCUREMENT

9 Subtitle A—Authorization of

10 Appropriations

11 SEC. 101. ARMY.

12 Funds are hereby authorized to be appropriated for fis13 cal year 1995 for procurement for the Army as follows:

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

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

16 (3) For weapons and tracked combat vehicles,

17 $942,886,000.

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

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

20 SEC. 102. NAVY AND MARINE CORPS.

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

23 as follows:

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

25 (2) For weapons, including missiles and tor26 pedoes, $2,223,246,000.
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1 (3) For shipbuilding and conversion,

2 $6,869,897,000.

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

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

5 be appropriated for fiscal year 1995 for procurement for

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

7 SEC. 103. AIR FORCE.

8 Funds are hereby authorized to be appropriated for fis9 cal year 1995 for procurement for the Air Force as follows:

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

11 (2) For weapons including missiles,

12 $3,953,232,000.

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

14 SEC. 104. DEFENSE-WIDE ACTIVITIES.

15 Funds are hereby authorized to be appropriated for fis16 cal year 1995 for defense-wide procurement in the amount

17 of $2,066,694,000.

18 SEC. 105. DEFENSE INSPECTOR GENERAL.

19 Funds are hereby authorized to be appropriated for fis20 cal year 1995 for procurement for the Inspector General of

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

22 SEC. 106. RESERVE COMPONENTS.

23 Funds are hereby authorized to be appropriated for fis24 cal year 1995 for procurement of aircraft, vehicles, commu-
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1 nications equipment, and other equipment for the reserve

2 components of the Armed Forces as follows:

3 (1) For the Army National Guard, $262,000,000.

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

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

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

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

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

9 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

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

11 appropriated for fiscal year 1995 the amount of

12 $670,349,000 for—

13 (1) the destruction of lethal chemical agents and

14 munitions in accordance with section 1412 of the De15 partment of Defense Authorization Act, 1986 (50

16 U.S.C. 1521); and

17 (2) the destruction of chemical warfare material

18 of the United States that is not covered by section

19 1412 of such Act.

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

21 (a)—

22 (1) $365,084,000 is for operations and mainte23 nance;

24 (2) $284,465,000 is for procurement; and
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1 (3) $20,800,000 is for research and development

2 efforts in support of the nonstockpile chemical weap3 ons program.

4 Subtitle B—Army Programs

5 SEC. 111. PROCUREMENT OF HELICOPTERS.

6 Sections 132 and 133 of the National Defense Author7 ization Act for Fiscal Years 1990 and 1991 (Public Law

8 101–189) are repealed.

9 Subtitle C—Navy Programs

10 SEC. 121. TERMINATION OF NAVY F–14A/B UPGRADE PRO11 GRAM.

12 (a) TERMINATION.—The Secretary of Defense shall ter13 minate the F–14A/B aircraft upgrade program.

14 (b) LIMITATION ON FUNDS.—None of the funds appro15 priated or otherwise made available to the Department of

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

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

18 program.

19 SEC. 122. LIMITATION ON ACQUISITION OF GUIDANCE SYS20 TEMS FOR TRIDENT II MISSILES.

21 No funds authorized to be appropriated for fiscal year

22 1995 for Mark 6 guidance systems for Trident II (D–5)

23 missiles may be obligated until the Secretary of Defense cer24 tifies to the congressional defense committees that, based

25 upon a review by the Secretary of the readiness, testing,
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1 spares, and logistics requirements for the guidance system,

2 the inventory objective of 562 units of the guidance system

3 is required to support the inventory objective for Trident

4 II (D–5) missiles.

5 SEC. 123. PROHIBITION ON TRIDENT II BACKFIT.

6 (a) LIMITATION.—The Secretary of the Navy may not

7 modify any Trident I submarine to enable that submarine

8 to be deployed with Trident II (D–5) missiles.

9 (b) WAIVER AUTHORITY.—If the Secretary of Defense

10 determines that adherence to the prohibition in subsection

11 (a) would result in a significant national security risk to

12 the United States, the Secretary may waive that prohibi13 tion. Such a waiver may not take effect until the Secretary

14 submits to Congress a certification of that determination

15 and of the reasons for that determination.

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

17 SEALIFT PROGRAM.

18 Section 1424(b) of the National Defense Authorization

19 Act for Fiscal Year 1991 (10 U.S.C. 7291 note) is amend20 ed—

21 (1) by inserting ‘‘or converted’’ after ‘‘con22 structed’’ each place it appears; and

23 (2) by inserting ‘‘or conversion’’ after ‘‘construc24 tion’’ each place it appears.
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1 SEC. 125. LIMITATION ON COST OF SEAWOLF SUBMARINE

2 PROGRAM.

3 No more than $4,673,371,000 nay be obligated or ex4 pended for procurement of the SSN–21 and SSN–22

5 Seawolf submarines.

6 SEC. 126. LIMITATION ON PROCUREMENT OF TAGS VES7 SELS.

8 (a) LIMITATION.—The Secretary of the Navy may not

9 obligate funds for any of the vessels designated as TAGS–

10 63, TAGS–64, or TAGS–65 unless the Secretary certifies

11 to the congressional defense committees that the multibeam

12 sonars to be used on those vessels (whether new or remanu13 factured) have been obtained through the use of competitive

14 acquisition procedures.

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

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

17 reasons of national security. Such a waiver may not take

18 effect until the Secretary submits to the Committees on

19 Armed Services of the Senate and House of Representatives

20 a report giving notice of the waiver and an explanation

21 of the national security reasons for the waiver.

22 SEC. 127. ADVANCED CAPABILITY (ADCAP) MODIFICATION

23 PROGRAM FOR THE MK–48 TORPEDO.

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

25 procurement of weapons, including missiles and torpedoes,

26 for the Navy—
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1 (1) the amount provided for the Advanced Capa2 bility (ADCAP) modification program for the MK–48

3 torpedo is hereby increased by $52,300,000; and

4 (2) the amount provided for the Fleet Satellite

5 Communications program is hereby reduced by

6 $52,300,000.

7 Subtitle D—Air Force Programs

8 SEC. 131. INTERTHEATER AIRLIFT PROGRAMS.

9 (a) AUTHORIZATION.—Of the amount provided in sec10 tion 103 for procurement of aircraft for the Air Force—

11 (1) $103,000,000 shall be available for Non-De12 velopmental Alternative Aircraft procurement; and

13 (2) $2,303,402,000 shall be available for the C–

14 17 aircraft program, of which—

15 (A) $2,249,819,000 is for procurement of six

16 C–17 aircraft;

17 (B) $47,475,000 is for advance procurement

18 of up to eight C–17 aircraft for fiscal year 1996;

19 and

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

21 (b) REQUIREMENT FOR COMPETITION.—The Secretary

22 of Defense shall use competitive procedures in selecting a

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

24 Alternative Aircraft under subsection (a).
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1 (c) NOTICE TO CONGRESS.—Funds described in sub2 section (a) may not be obligated for procurement under sub3 section (a) until 60 days after the date which the Secretary

4 of Defense submits to the congressional defense committees

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

6 of those funds.

7 (d) PRESERVATION OF INTERTHEATER AIRLIFT CA8 PACITY.—In acquiring aircraft under subsection (a), the

9 Secretary of Defense shall structure the acquisition of those

10 aircraft so as to preserve the aggregate intertheater airlift

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

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

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

14 In determining the expenditures to be applied against

15 the total program cost limitation of $28,968,000,000 (in fis16 cal year 1981 constant dollars) specified by law for the

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

18 Defense associated with preserving the industrial facilities

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

20 program cost.

21 SEC. 133. BOMBER FORCE UPGRADE PROGRAM.

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

23 funds authorized by section 104 for defense-wide procure24 ment activities, $100,000,000 shall be for a heavy bomber
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1 force upgrade fund. The Secretary of Defense may obligate

2 amounts in the fund for—

3 (1) long-range heavy bombers that would other4 wise become attrition reserve aircraft;

5 (2) accelerating conventional mission upgrades

6 for the B–1 bomber; or

7 (3) a combination of expenditures under para8 graphs (1) and (2).

9 (b) NOTICE TO CONGRESS.—Funds described in sub10 section (a) may not be obligated until 30 days after the

11 date on which the Secretary of Defense submits to the con12 gressional defense committees notice of the Secretary’s pro13 posed expenditures from that fund for the purposes specified

14 in subsection (a).

15 SEC. 134. EVALUATION OF RESTART OF C–5B AIRCRAFT

16 PROCUREMENT.

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

18 shall conduct an evaluation of the costs of restarting pro19 duction of C–5B aircraft for the strategic airlift mission.

20 The evaluation shall include startup costs and production

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

22 (b) REPORT.—The Secretary shall submit to the con23 gressional defense committees a report on the evaluation

24 under subsection (a). The report may be submitted as part
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1 of any other required report to those committees relating

2 to intertheater airlift.

3 Subtitle E—Defense-Wide Activities

4 SEC. 141. BALLISTIC MISSILE EARLY WARNING PROGRAMS.

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

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

7 shall be for a satellite early-warning assurance fund. The

8 Secretary of Defense may obligate amounts in the fund

9 for—

10 (1) continued procurement of Defense Support

11 Program (DSP) satellite number 24;

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

13 and Report Missiles (ALARM) satellite program lead14 ing to launch of the first satellite under that program

15 no later than the first quarter of 2002;

16 (3) development of the Brilliant Eyes satellite

17 sensor system;

18 (4) acquisition of up to three additional interim

19 theater missile sensors; or

20 (5) a combination of expenditures under para21 graphs (1), (2), (3), and (4).

22 (b) NOTICE TO CONGRESS.—Funds described in sub23 section (a) may not be obligated until after the date on

24 which the Secretary of Defense submits to the congressional

25 defense committees notice of the Secretary’s proposed ex-
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1 penditures from that fund for the purposes specified in sub2 section (a).

3 Subtitle F—National Defense

4 Sealift Fund

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

6 FUNDS TO CVN–76 CONSTRUCTION.

7 None of the fiscal year 1994 unauthorized sealift ap8 propriation (as defined in section 164) may be transferred

9 (pursuant to the provisions of an Act making appropria10 tions for a fiscal year after fiscal year 1994 or to authority

11 provided under such an Act) to funds appropriated for fis12 cal year 1994 or a later fiscal year for Shipbuilding and

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

14 SEC. 162. FISCAL YEAR 1995 NATIONAL DEFENSE SEALIFT

15 FUND PROGRAM.

16 (a) USE OF FISCAL YEAR 1994 UNAUTHORIZED SEA17 LIFT APPROPRIATION.—From the fiscal year 1994 unau18 thorized sealift appropriation (as defined in section 164),

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

20 in appropriations Acts making appropriations for a fiscal

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

22 programs to be carried out through the National Defense

23 Sealift Fund, of which—
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1 (1) $546,400,000 is for the execution of new ship

2 construction contract options for construction of two

3 prepositioning surge ships;

4 (2) $43,000,000 is for procurement and installa5 tion of national defense sealift features on privately

6 owned, United States documented commercial roll-on/

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

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

9 United States; and

10 (3) $19,200,000 is for research and development

11 of strategic sealift technology.

12 (b) DENIAL OF AUTHORIZATION OF APPROPRIATIONS

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

14 appropriated to the National Defense Sealift Fund for fiscal

15 year 1995.

16 SEC. 163. TRANSFER OF EXCESS AMOUNT TO BRAC III

17 ACCOUNT.

18 From the fiscal year 1994 unauthorized sealift appro19 priation (as defined in section 164), the amount of

20 $591,400,000 shall, to the extent provided in appropriations

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

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

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

24 limitations, as other funds in that account.
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1 SEC. 164. FISCAL YEAR 1994 UNAUTHORIZED SEALIFT AP2 PROPRIATION DEFINED.

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

4 unauthorized sealift appropriation’’ means $1,200,000,000

5 of the amount appropriated for fiscal year 1994 to the Na6 tional Defense Sealift Fund (in title V of the Department

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

8 107 Stat. 1435)).

9 SEC. 165. OPERATION OF SEALIFT VESSELS FOR WHICH AS10 SISTANCE IS PROVIDED THROUGH NATIONAL

11 DEFENSE SEALIFT FUND.

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

13 amended by adding at the end the following new paragraph:

14 ‘‘(3)(A) A vessel that is constructed, altered, converted,

15 purchased, operated, maintained, leased, or chartered with

16 funds in the National Defense Sealift Fund pursuant to

17 subsection (c)(1)—

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

19 by the Department of Defense or Department of

20 Transportation; and

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

22 United States.

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

24 with funds in the National Defense Sealift Fund (including

25 retention of the vessel in reduced operating status) shall be

26 conducted using private operating companies employing
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1 only merchant mariners on board such vessel who are Unit2 ed States citizens. To the extent possible, preference in em3 ploying such mariners shall be given to otherwise qualified

4 former or retired military personnel who are released from

5 active duty as a result of the downsizing of the armed forces.

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

7 time of war or national emergency declared by the Presi8 dent or the Congress if the Secretary of Defense certifies that

9 no qualified private contractor or private sector merchant

10 mariners are available to operate the vessel.

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

12 to—

13 ‘‘(i) require the separation by reduction in force

14 of any employee of the United States who, on the date

15 of the enactment of this paragraph, is employed as a

16 crewmember on a vessel described in subparagraph

17 (A); or

18 ‘‘(ii) restrict the ability to embark military de19 tachments to operate special equipment.’’.

20 Subtitle G—Other Matters

21 SEC. 171. TRANSFER OF USNS MAURY.

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

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

24 of Transportation for assignment as a training ship to the

25 California Maritime Academy at Vallejo, California. The
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1 transfer shall be made on the date of the decommissioning

2 of that vessel.

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

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

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

6 date of the conveyance;

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

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

9 (2) The Secretary may require such additional terms

10 and conditions in connection with the transfer authorized

11 by this section as the Secretary considers appropriate.

12 TITLE II—RESEARCH, DEVELOP13 MENT, TEST, AND EVALUA14 TION

15 Subtitle A—Authorization of

16 Appropriations

17 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

18 Funds are hereby authorized to be appropriated for fis19 cal year 1995 for the use of the Department of Defense for

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

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

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

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

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

25 which—
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1 (A) $254,995,000 is authorized for the ac2 tivities of the Director, Test and Evaluation; and

3 (B) $12,501,000 is authorized for the Direc4 tor of Operational Test and Evaluation.

5 SEC. 202. AMOUNT FOR BASIC RESEARCH AND EXPLOR6 ATORY DEVELOPMENT.

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

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

9 available for basic research and exploratory development

10 projects.

11 (b) BASIC RESEARCH AND EXPLORATORY DEVELOP12 MENT DEFINED.—For purposes of this section, the term

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

14 funded in program elements for defense research and devel15 opment under Department of Defense category 6.1 or 6.2.

16 SEC. 203. TACONITE PROCESSING TECHNOLOGY.

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

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

19 initiating and carrying out a manufacturing technology

20 program for taconite processing technology.

21 Subtitle B—Program Requirements,

22 Restrictions, and Limitations

23 SEC. 211. SPACE LAUNCH MODERNIZATION.

24 (a) POLICY.—(1) It is in the Nation’s long-term na25 tional security and economic interests to regain pre-
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1 eminence in the area of space launch technology and oper2 ations.

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

4 to maintaining required command, control, communica5 tions, intelligence, navigation, weather, and early warning

6 support to United States and coalition forces.

7 (3) Encouragement of privately financed, cost effective

8 expendable and reusable launch vehicles is in the economic

9 interest of the Department of Defense and the United States

10 Government.

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

12 shall take the following actions in pursuance of the space

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

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

15 consolidate the current fleet of medium and heavy ex16 pendable launch vehicles with new or upgraded ex17 pendable launch vehicles or with a combination of ex18 pendable and reusable launch vehicles. The Secretary

19 shall initiate flight tests of new or upgraded expend20 able launch vehicles and of reusable launch vehicles

21 not later than 1998 to achieve an initial launch capa22 bility for selected replacement vehicles not later than

23 July 1, 2002. The program shall include a fly-before24 buy acquisition strategy with both advanced concept

25 technology demonstrations of expendable launch vehi-
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1 cles and advanced technology demonstrations of reus2 able launch vehicles.

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

4 competitive Advanced Concept Technology Dem5 onstration program to achieve a cost reduction over

6 current medium and heavy expendable launch vehicles

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

8 fiscal year 1994 dollars) and at least 25 percent re9 duction in launch operations costs per launch (in fis10 cal year 1994 dollars).

11 (3) Encourage and evaluate innovative acquisi12 tion, technical, and financing (including best com13 mercial practices) solutions for providing affordable,

14 operable, reliable, and responsive access to space.

15 (4) Centralize oversight of launch requirements

16 of the Department of Defense and other users to pre17 clude inflated requirements from escalating current

18 and future launch costs.

19 (5) Encourage and provide incentives for the use

20 of commercial practices in the acquisition, operation,

21 and support of Department of Defense space oper22 ations.

23 (6) Establish effective suitable coordination

24 among military, civilian, and commercial launch de25 velopers and users.
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1 (c) ALLOCATION OF FUNDS.—Of the amount author2 ized to be appropriated in section 201(3), $200,000,000

3 shall be available for research, development, test, and eval4 uation of non-man-rated space launch systems and tech5 nologies. Of that amount—

6 (1) $100,000,000 shall be available only for a

7 competitive reusable rocket technology demonstration

8 program, including—

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

10 amount for development and flight testing of one

11 or more technology demonstration vehicles, and

12 (B) further development of reusable rocket

13 technologies; and

14 (2) $100,000,000 shall be available only for an

15 Advanced Concept Technology Demonstration pro16 gram for expendable launch vehicles, including—

17 (A) competitive development and flight test18 ing of advanced concept technology demonstra19 tion vehicles, and

20 (B) further development of enhanced tech21 nologies related to expendable launch vehicles, in22 cluding Russian rocket propulsion technology.

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

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

2 office, contractor support, and management overhead costs.

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

4 including contractor support.

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

6 be released or otherwise transferred for execution or obliga7 tion to any Government department, agency, or organiza8 tion outside the Department of Defense.

9 SEC. 212. STANDOFF AIR-TO-SURFACE MUNITIONS TECH10 NOLOGY DEMONSTRATION.

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

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

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

14 amount for the Air Force shall be used for the conduct of

15 a demonstration of nondevelopmental technology that would

16 enable the use of a single adaptor kit for munitions de17 scribed in paragraph (2) in order to give those munitions

18 a standoff and near-precision guided capability. Such

19 amounts shall be obligated not later than nine months after

20 the date of the enactment of this Act.

21 (2) Paragraph (1) applies to guided and unguided in22 inventory munitions of the class of 1,000 pounds and below.

23 (b) REPORT.—The Secretary of the Defense shall sub24 mit to the congressional defense committees a report setting

25 forth in detail the results and costs of the demonstration
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1 and the applicability of the technology demonstrated in pro2 viding the Armed Forces with an inexpensive solution to

3 providing both range extension and near-precision guided

4 capability to in-inventory munitions.

5 SEC. 213. EXTENSION OF PROHIBITION ON TESTING MID-IN6 FRARED ADVANCED CHEMICAL LASER

7 AGAINST AN OBJECT IN SPACE.

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

9 the Mid-Infrared Advanced Chemical Laser (MIRACL)

10 transmitter and associated optics against an object in space

11 during fiscal year 1995 unless such testing is specifically

12 authorized by law.

13 SEC. 214. APPLICABILITY OF CERTAIN ELECTRONIC COM14 BAT SYSTEMS TESTING REQUIREMENTS.

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

16 of the National Defense Authorization Act for Fiscal Year

17 1994 (Public Law 103–160; 107 Stat. 1589) is amended—

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

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

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

21 stand-alone’’ before ‘‘command, control, and commu22 nications countermeasure system’’.

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

24 such Act is amended to read as follows:
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1 ‘‘(e) APPLICABILITY.—The provisions of subsections

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

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

4 level integrated or stand-alone command, control, and com5 munications countermeasure system regardless of whether

6 development of the electronic combat system or the com7 mand, control, and communications countermeasure sys8 tem, as the case may be, began before, on, or after the date

9 of the enactment of this Act.’’.

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

11 PROGRAM.

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

13 shall, not later than September 30, 1994, obligate funds ap14 propriated to the Department of Defense for fiscal year

15 1994 and prior years to carry out logistics support, mainte16 nance, and integration of existing Advanced Self Protection

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

18 aircraft for testing and evaluation. The Secretary may ac19 quire sufficient racks, spares, and logistic support, includ20 ing hardware and software, necessary to maintain the exist21 ing ASPJ systems in the Navy inventory.

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

23 under subsection (a) only to the extent provided in appro24 priations Acts.
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1 (c) The Secretary of the Navy shall carry out sub2 section (a) notwithstanding section 122 of the National De3 fense Authorization Act for Fiscal Year 1993 (Public Law

4 102–484; 106 Stat. 2334).

5 SEC. 216. ADVANCED LITHOGRAPHY PROGRAM.

6 (a) PURPOSE.—The purpose of the Advanced Lithog7 raphy Program (hereinafter in this section referred to as

8 the ‘‘ALP’’) is to fund goal-oriented research and develop9 ment to be conducted in both the public and private sectors

10 to help achieve a competitive position for American lithog11 raphy tool manufacturers in the international market

12 place.

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

14 be conducted in accordance with research and development

15 plans (including an interim plan) developed by the Semi16 conductor Technology Council, established in section 273 of

17 the National Defense Authorization Act for Fiscal Years

18 1988 and 1989 (15 U.S.C. 4603) (as amended by section

19 263 of the National Defense Authorization Act for Fiscal

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

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

22 be the Semiconductor Industry Association (SIA) 1994 de23 velopment plan for lithography.

24 (c) PROGRAM MANAGEMENT.—The Advanced Research

25 Projects Agency (ARPA) shall be the executive agent for the
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1 ALP and shall ensure seamless program planning of the

2 ALP into the full range of ARPA core electronics develop3 ment programs.

4 (d) FUNDING.—Of the funds authorized to be appro5 priated in section 201, $100,000,000 shall be available for

6 the advanced lithography program. Of that amount—

7 (1) $75,000,000 shall be available to conduct re8 search and development activities in accordance with

9 subsection (b); and

10 (2) $25,000,000 shall be available to procure ad11 vanced American-manufactured lithography tools for

12 evaluation at Government-owned or Government13 sponsored research facilities engaged in advanced li14 thography.

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

16 1995—

17 (1) the President shall appoint to the Semi18 conductor Technology Council, referred to in sub19 section (a), the members listed in section 273(c) of the

20 National Defense Authorization Act for Fiscal Years

21 1988 and 1989 (15 U.S.C. 4603);

22 (2) the Under Secretary of Defense for Acquisi23 tion and Technology, in his capacity as Cochairman

24 of the Council, shall call a meeting of the Council for
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1 the purpose of developing a national strategy for li2 thography;

3 (3) the Council shall issue a Department of De4 fense instruction for the operation of the Council; and

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

6 Secretary of Defense a plan for achieving the national

7 strategy for lithography.

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

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

10 Performance Computing Program (PE 602301E), Sematech

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

12 EE40) unless the events listed in subsection (e) have oc13 curred.

14 SEC. 217. FEDERALLY FUNDED RESEARCH AND DEVELOP15 MENT CENTERS.

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

17 Development Center (FFRDC) of the Department of Defense

18 that functions primarily as a research laboratory may re19 spond to solicitations and announcements under programs

20 authorized by the Federal Government for the purpose of

21 promoting the development and transfer of dual-use tech22 nology to the United States industrial sector if such

23 FFRDC meets the following conditions:

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

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

2 precompetitive research and technology development

3 effort.

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

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

6 or announcement described in such subsection shall not be

7 considered to be engaging in a competitive procedure and

8 may use a cooperative research and development agreement

9 (as defined in section 12 of the Stevenson-Wydler Tech10 nology Innovation Act of 1980 (15 U.S.C. 3710a)) or other

11 cooperative agreement as the instrument of participation

12 in the solicitation or announcement.

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

15 (a) IN GENERAL.—(1) The Secretary, through the Di16 rector of Defense Research and Engineering, shall operate

17 a Defense Experimental Program to Stimulate Competitive

18 Research (hereinafter in this section referred to as

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

20 of the Department of Defense.

21 (2) The objectives of DEPSCoR shall be—

22 (A) to enhance the competitiveness within the

23 peer-review system of investigators from academic in24 stitutions in eligible States; and
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1 (B) to increase the probability of long-term

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

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

6 include competitive research awards, research infrastruc7 ture support, and graduate traineeships.

8 (4) DEPSCoR shall assist those States that—

9 (A) historically have received relatively little

10 Federal research and development funding; and

11 (B) have demonstrated a commitment to develop

12 their research bases and improve science and engi13 neering research and education programs at their

14 universities and colleges.

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

16 States that have been designated by the Director of the Na17 tional Science Foundation as eligible to participate in the

18 Experimental Program to Stimulate Competitive Research.

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

20 the Director of the National Science Foundation and the

21 Director of the Office of Science and Technology Policy in

22 the planning, development, and execution of DEPSCoR and

23 shall coordinate the Department’s program with similar

24 programs sponsored by other Federal agencies. All solicita25 tions shall be made to, and all awards shall be made
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1 through, the State committees established by the National

2 Science Foundation for the purpose of administering the

3 Experimental Program to Stimulate Competitive Research.

4 The State committees shall ensure that the DEPSCoR pro5 gram is coordinated with other Federal Experimental Pro6 gram to Stimulate Competitive Research initiatives in their

7 respective States.

8 SEC. 219. DIGITAL BATTLEFIELD PROGRAM.

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

10 the Army shall establish a Digital Battlefield program to

11 provide enhancements required to field components for a

12 digitalized battlefield by 1996. These enhancements shall in13 clude electronics, second-generation forward-looking infra14 red technology, and communications for major platforms

15 and development of applique packages for platforms without

16 embedded digital systems.

17 (b) FUNDING.—Of the amounts authorized to be appro18 priated pursuant to section 201, $50,000,000 shall be avail19 able for fiscal year 1995 for the digital battlefield program

20 (PE 203758A).

21 (c) PROGRAM LIMITATION.—None of the funds appro22 priated pursuant to section 201 for the digital battlefield

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

24 may be obligated for research and development activities for
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1 development or integration of such program until the Sec2 retary of the Army—

3 (1) establishes, and programs funds for, a re4 search and development program to enhance the proc5 essing and memory capability of the electronic sys6 tems on the Abrams tank to make the M1/M1A2

7 Abrams tank compatible and interoperable with the

8 digital battlefield, when placed into service;

9 (2) restructures the M1 Abrams tank upgrade

10 program to incorporate the enhancements produced by

11 the research and development program established

12 under paragraph (1);

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

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

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

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

19 digital battlefield; and

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

22 (A) the Army’s plan of actions and mile23 stones for defining the overall system architecture

24 for the digital battlefield, the standards and pro-
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1 tocols for the digital battlefield, and resulting re2 quirements;

3 (B) how those requirements affect or will af4 fect the major platforms that will make up the

5 digital battlefield; and

6 (C) the manner in which coordination with

7 the Secretary of the Navy under paragraph (4)

8 is being carried out.

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

10 QUAY CAUSEWAY PROGRAM.

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

12 (1) The concepts of the sea-going Mobile Off13 Shore Base and the related Landing Ship Quay

14 Causeway could result in significant improvements in

15 the capability for the Armed Forces to respond to cri16 ses in those areas where land bases are not available

17 for use by those forces.

18 (2) The potential development and acquisition

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

20 Ship Quay Causeway are such that any program for

21 development of the Mobile Off-Shore Base or the

22 Landing Ship Quay Causeway should be designated

23 as a major defense acquisition program.

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

25 year 1995 for research and development for a Mobile Off-
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1 Shore Base or a Landing Ship Quay Causeway program.

2 The Secretary of Defense may not develop or acquire a Mo3 bile Off-Shore Base or a Landing Ship Quay Causeway

4 until both of the following occur:

5 (1) The military requirement for a Mobile Off6 Shore Base and a Landing Ship Quay Causeway, as

7 reflected in operational requirements documents, is

8 approved by the Joint Requirements Oversight Coun9 cil.

10 (2) The Secretary of Defense certifies to the con11 gressional defense committees that—

12 (A) there is a validated requirement for the

13 Mobile Off-Shore Base or the Landing Ship

14 Quay Causeway; and

15 (B) the acquisition plan and program to

16 fulfill the requirement are established and are

17 funded to the end of the current future-years de18 fense program submitted pursuant to section 221

19 of title 10, United States Code.

20 SEC. 221. ARROW/ACES PROGRAM.

21 Of the amount provided in section 201 for Defense22 wide activities, $52,400,000 is available for the Arrow/

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

2 The amount authorized in section 201 for the Army

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

4 amount provided for development of an electronic fuel con5 trol to upgrade the hydromechanical unit for the T53-series

6 helicopter engine.

7 SEC. 223. RESEARCH AND DEVELOPMENT FOR STRATEGIC

8 METALS.

9 (a) RESEARCH AND DEVELOPMENT.—The Secretary of

10 Defense, in consultation with the Secretary of Commerce,

11 shall give consideration to acceleration of research and de12 velopment projects for strategic metals and alloys to support

13 the objectives of section 2501(c) of title 10, United States

14 Code. In carrying out the preceding sentence, the Secretary

15 of Defense shall begin by conducting a project for the accel16 eration of research in aluminum beryllium alloys to meet

17 military and commercial standards for emerging applica18 tions.

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

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

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

22 authorized for the project for acceleration of research in alu23 minum beryllium alloys described in subsection (a).
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1 Subtitle C—Missile Defense

2 Programs

3 SEC. 231. BALLISTIC MISSILE DEFENSE ORGANIZATION

4 BUDGET PRESENTATION.

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

6 amounts requested for the Ballistic Missile Defense Organi7 zation shall be set forth showing the amounts requested for

8 each individual program, project, and activity of that orga9 nization as well as the total amount requested for the orga10 nization.

11 SEC. 232. THEATER MISSILE DEFENSE PROGRAMS.

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

13 amount provided for the Ballistic Missile Defense Organiza14 tion under section 201 for Theater Missile Defense, not less

15 than $40,000,000 shall be available to support the aggres16 sive exploration of the Navy Upper Tier Program for Naval

17 Theater Missile Defense.

18 (b) ACCELERATED ADVANCED CONCEPT TECHNOLOGY

19 DEMONSTRATION PROGRAM.—The Secretary of Defense,

20 acting through the Director of the Ballistic Missile Defense

21 Organization, shall initiate during fiscal year 1995 an ac22 celerated Advanced Concept Technology Demonstration

23 Program to demonstrate the technical feasibility of using

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

25 stage rocket motor and the lightweight Exoatmospheric Pro-
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1 jectile (LEAP) as a near-term option for cost-effective wide2 area Theater Missile Defense.

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

5 Director of the Ballistic Missile Defense Organization, shall

6 establish as the first priority of the Theater Missile Defense

7 Program the deployment of—

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

9 capability consisting of the Patriot Advanced Capa10 bility (PAC–3) system and the Theater High-Altitude

11 Area Defense (THAAD) system; and

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

13 capability consisting of the Navy Lower Tier theater

14 missile defense program and the Navy Upper Tier

15 theater missile defense program.

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

17 be treated by the Department of Defense as a major acquisi18 tion program for funding purposes for fiscal years 1995

19 through 1999, as prescribed in the October 1993 report of

20 the Secretary of Defense entitled ‘‘Report on the Bottom Up

21 Review’’ and in Defense Planning Guidance.

22 SEC. 233. THEATER MISSILE DEFENSE RISK REDUCTION AC23 TIVITIES.

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

25 201 for Defense-wide Activities, $210,000,000 is for theater
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1 missile defense risk reduction activities of the Ballistic Mis2 sile Defense Organization. None of such amount may be ob3 ligated for a program specified in subsection (b) until 30

4 days after the date on which the Secretary of Defense sub5 mits to the congressional defense committees notice of the

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

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

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

10 program.

11 (2) The Multi-Mode Missile.

12 (3) Sea-based lower tier systems.

13 (4) Sea-based upper tier systems.

14 SEC. 234. MILITARY SATELLITE COMMUNICATIONS.

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

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

19 been received by the congressional defense committees.

20 (b) MILITARY COMMUNICATIONS MASTER PLAN.—The

21 Secretary of Defense shall develop a military communica22 tions master plan that addresses—

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

2 those requirements (including greater reliance on the

3 commercial sector); and

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

5 Department of Defense that create the demand for

6 such communications services are required to have an

7 important role in paying for the provision of those

8 services.

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

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

12 conduct a flight test program of theater missile defense

13 interceptors and sensors if an anticipated result of the

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

15 of debris in a land area of the United States outside a des16 ignated Department of Defense test range.

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

19 matter that is regulated for considerations of air quality.

20 (c) CERTAIN TESTING UNAFFECTED.—Nothing in this

21 section shall be construed as prohibiting or limiting testing

22 of cruise missiles, unmanned aerial vehicles (UAVs), or pre23 cision-guided munitions.
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1 SEC. 236. COMPLIANCE WITH THE ABM TREATY.

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

4 available to the Department of Defense from any funds ap5 propriated for fiscal year 1995 or for any fiscal year before

6 1995, may not be obligated or expended—

7 (1) for any development or testing of anti-ballis8 tic missile systems or components except for develop9 ment and testing consistent with the interpretation of

10 the ABM Treaty set forth in the enclosure to the July

11 13, 1993, ACDA letter; or

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

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

15 launch vehicle) required or to be used for the develop16 ment or testing of anti-ballistic missile systems or

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

19 interpretation of the ABM Treaty set forth in the en20 closure to the July 13, 1993, ACDA letter.

21 (b) DEFINITIONS.—In this section:

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

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

24 Director of the Arms Control and Disarmament Agen25 cy to the chairman of the Committee on Foreign Rela26 tions of the Senate relating to the correct interpreta-
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1 tion of the ABM Treaty and accompanied by an en2 closure setting forth such interpretation.

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

4 between the United States of America and the Union

5 of Soviet Socialist Republics on the Limitation of

6 Anti-Ballistic Missiles, signed in Moscow on May 26,

7 1972.

8 Subtitle D—Women’s Health

9 Research

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

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

13 of Defense shall continue the Defense Women’s Health Re14 search Program (hereinafter in this section referred to as

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

16 to the authority in section 251 of the National Defense Au17 thorization Act for Fiscal Year 1994 (Public Law 103–160;

18 107 Stat. 1606). The Program shall continue under an

19 Army executive agency or agent and shall serve as the co20 ordinating agent for multidisciplinary and multi-institu21 tional research within the Department of Defense on wom22 en’s health issues related to service in the Armed Forces.

23 The Program also shall coordinate with research supported

24 by the Department of Health and Human Services and
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1 other agencies that is aimed at improving the health of

2 women.

3 (b) IMPLEMENTATION PLAN.—If the Secretary of De4 fense intends to change the plan for the implementation of

5 the Program previously submitted to the Committees on

6 Armed Services of the Senate and House of Representatives,

7 the amended plan shall be submitted to such committees be8 fore implementation.

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

11 women in the military, including the following matters:

12 (1) Epidemiologic research, including health care

13 needs of deployed women, patterns of illness and in14 jury, environmental and occupational hazards, side15 effects of pharmaceuticals and biologicals, and psy16 chological stress associated with military training, de17 ployment, traumatic incidents, and other military life

18 conditions.

19 (2) Data base development designed to facilitate

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

21 and continued development and support of a military

22 women’s health information clearinghouse to serve as

23 an information resource for clinical, research, and

24 policy issues affecting women in the Armed Forces.
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1 (3) Policies and standards issues, including re2 search supporting development of military standards

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

5 women’s health.

6 (4) Research emphasizing interventions that have

7 a potential for affecting health issues associated with

8 women’s military service.

9 (d) FUNDING.—Of the amount authorized to be appro10 priated pursuant to section 201, $40,000,000 shall be avail11 able for the Program.

12 TITLE III—OPERATION AND

13 MAINTENANCE

14 Subtitle A—Authorization of

15 Appropriations

16 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

17 Funds are hereby authorized to be appropriated for fis18 cal year 1995 for the use of the Armed Forces and other

19 activities and agencies of the Department of Defense for ex20 penses, not otherwise provided for, for operation and main21 tenance in amounts as follows:

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

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

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

25 (4) For the Air Force, $18,733,458,000.
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1 (5) For Defense-wide activities, $9,513,523,000.

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

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

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

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

6 (10) For the Army National Guard,

7 $2,448,615,000.

8 (11) For the Air National Guard,

9 $2,780,178,000.

10 (12) For the National Board for the Promotion

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

12 (13) For the Defense Inspector General,

13 $147,172,000.

14 (14) For the Court of Military Appeals,

15 $6,152,000.

16 (15) For Environmental Restoration, Defense,

17 $2,180,200,000.

18 (16) For Drug Interdiction and Counter-drug

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

20 (17) For Medical Programs, Defense,

21 $9,613,331,000.

22 (18) For the National Contingency Operation

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

24 (19) For Department of Defense World War II

25 50th Anniversary Program, $500,000.
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1 (20) For Project Peace, $15,000,000.

2 (21) For Former Soviet Union Threat Reduc3 tion, $400,000,000.

4 (22) For Overseas Humanitarian, Disaster, and

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

6 SEC. 302. DEFENSE BUSINESS OPERATIONS FUND.

7 Funds are hereby authorized to be appropriated for fis8 cal year 1995 for the use of the Armed Forces and other

9 activities and agencies of the Department of Defense for the

10 Defense Business Operations Fund in the amount of

11 $1,212,038,000.

12 SEC. 303. ARMED FORCES RETIREMENT HOME.

13 There is hereby authorized to be appropriated for fiscal

14 year 1995 from the Armed Forces Retirement Home Trust

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

16 Forces Retirement Home, including the United States Sol17 diers’ and Airmen’s Home and the Naval Home.

18 SEC. 304. FUNDS FOR DEPOT-LEVEL MAINTENANCE AND RE19 PAIR WORK.

20 (a) INCREASED FUNDING FOR DEPARTMENT OF DE21 FENSE DEPOT-LEVEL ACTIVITIES.—Of amounts authorized

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

23 the amount that shall be available for the performance of

24 depot-level maintenance and repair work by depot-level ac-
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1 tivities of the Department of Defense is the amount equal

2 to the sum of—

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

4 budget for that fiscal year for the Department of De5 fense for the performance of depot-level maintenance

6 and repair work; and

7 (2) $600,000,000, of which—

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

9 Army;

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

11 Navy;

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

13 Air Force; and

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

15 Marine Corps.

16 (b) DECREASED FUNDING FOR CONTRACTORS.—Of

17 amounts appropriated for fiscal year 1995 pursuant to sec18 tion 301, the amount that shall be available for the perform19 ance of depot-level maintenance and repair work by non20 Federal Government personnel is not more than the amount

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

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

23 of Defense for the performance of depot-level maintenance

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

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

5 XXVI Olympiad to be held in Atlanta, Georgia.

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

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

8 and nontravel-related allowances of members of the Armed

9 Forces for the support and services referred to in subsection

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

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

12 (2) Paragraph (1) does not apply in the case of mem13 bers of a reserve component called or ordered to active duty

14 to provide logistical support and personnel services for the

15 games of the XXVI Olympiad.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated $4,000,000 for the Depart18 ment of Defense for fiscal year 1995 to carry out subsection

19 (a).

20 SEC. 306. FUNDS FOR CLEARING LANDMINES.

21 Of the funds authorized to be appropriated in section

22 301, not more than $25,000,000 shall be available for activi23 ties to support the clearing of landmines for humanitarian

24 purposes, as determined by the Secretary of Defense.
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1 SEC. 307. SUPPORT FOR THE 1995 SPECIAL OLYMPICS

2 WORLD GAMES.

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

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

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

9 and nontravel-related allowances of members of the Armed

10 Forces for the support and services referred to in sub11 section (a) may not be charged to appropriations made

12 pursuant to the authorization in subsection (c).

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

15 to provide logistical support and personnel services for the

16 1995 Special Olympics World Games.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated for the Department of De19 fense for fiscal year 1995 the sum of $2,000,000 to carry

20 out subsection (a).

21 Subtitle B—Limitations

22 SEC. 311. REPORTS AND LIMITATION ON TRANSFER OF CER23 TAIN OPERATION AND MAINTENANCE FUNDS.

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

25 10, United States Code, is amended—
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1 (1) by redesignating subsection (b) as subsection

2 (d); and

3 (2) by inserting after subsection (a) the follow4 ing:

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

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

7 report on the following:

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

9 appropriation Act to the Department of Defense for

10 the activities referred to in paragraph (3) between ap11 propriations during the preceding fiscal year, includ12 ing the reason for the transfer.

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

14 appropriation Act to the Department of Defense for

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

16 appropriation for any other such activity during the

17 preceding fiscal year, including the reason for the

18 transfer.

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

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

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

22 the fiscal year in which the report is submitted of

23 amounts provided in an appropriation Act to the De24 partment of Defense for the activities referred to in
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1 paragraph (3) between appropriations, including the

2 reason for the transfer.

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

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

5 amounts provided in an appropriation Act to the De6 partment of Defense for an activity referred to in

7 paragraph (3) within that appropriation for any

8 other such activity, including the reason for the

9 transfer.

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

11 (2) are the following:

12 ‘‘(A) Activities for which amounts are appro13 priated for the Army for operations and maintenance

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

15 support, and (iii) force-related training/special activi16 ties.

17 ‘‘(B) Activities for which amounts are appro18 priated for the Navy for operations and maintenance

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

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

21 (iii) fleet air training, and (iv) ship operational sup22 port and training.

23 ‘‘(C) Activities for which amounts are appro24 priated for the Air Force for operations and mainte25 nance for operating forces for (i) primary combat
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1 forces, (ii) primary combat weapons, (iii) global and

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

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

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

5 provided in an appropriation Act to the Department of De6 fense for the activities referred to in subsection (b)(3) be7 tween appropriations or within that appropriation for any

8 other such activity until—

9 ‘‘(1) the Congress is notified of the transfer; and

10 ‘‘(2) a period of 30 days elapses after such notifi11 cation is received.’’.

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

13 section is amended to read as follows:

14 ‘‘§ 116. Operations and maintenance activities: con15 gressional oversight’’.

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

17 sections at the beginning of chapter 2 of such title is amend18 ed to read as follows:

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

19 (c) CONFORMING REPEAL.—Section 377 of the Na20 tional Defense Authorization Act for Fiscal Year 1994 (Pub21 lic Law 103–160; 107 Stat. 1638) is repealed.
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1 SEC. 312. LIMITATION ON RETENTION OF MORALE, WEL2 FARE, AND RECREATION FUNDS BY MILITARY

3 INSTALLATIONS.

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

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

6 new section:

7 ‘‘§ 2219. Retention of morale, welfare, and recreation

8 funds by military installations: limitation

9 ‘‘Amounts may not be retained in a nonappropriated

10 morale, welfare, and recreation account of a military in11 stallation of a military department in excess of the amount

12 necessary to meet working capital requirements of that in13 stallation. Amounts in excess of that amount shall be trans14 ferred to a single, department-wide nonappropriated mo15 rale, welfare, and recreation account of the military depart16 ment.’’.

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

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

19 end the following new item:

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

20 SEC. 313. PROHIBITION ON USE OF APPROPRIATED FUNDS

21 FOR OPERATION OF ARMED FORCES RECRE22 ATION CENTER, EUROPE.

23 No funds appropriated to the Department of Defense

24 for any fiscal year may be used to operate the Armed Forces
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1 Recreation Center, Europe, except that such funds may be

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

3 transportation of United States products for the Center.

4 SEC. 314. LIMITATION ON USE OF SPECIFICATIONS FOR

5 PROCUREMENT OF SUBSISTENCE ITEMS.

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

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

8 new section:

9 ‘‘§ 2332. Subsistence items: limitation on use of speci10 fications and restrictions in procurement

11 of

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

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

14 restrictions in the procurement of subsistence items for use

15 at military installations.

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

17 specifications and restrictions in the procurement of field

18 rations and shipboard rations (including tray packs and

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

20 restrictions shall be developed consistent with the preference

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

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

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

24 end the following new item:

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

procurement of.’’.
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1 Subtitle C—Depot-Level Activities

2 SEC. 321. FINDINGS.

3 The Congress finds the following:

4 (1) By providing the Armed Forces with a criti5 cal capacity to respond to the needs of the Armed

6 Forces for depot-level maintenance and repair of

7 weapon systems and equipment, the depot-level main8 tenance and repair activities of the Department of

9 Defense play an essential role in maintaining the

10 readiness of the Armed Forces.

11 (2) The consolidation of entities within the de12 fense industry has jeopardized the capability of the

13 defense industry to perform maintenance and repair

14 of weapon systems and equipment.

15 (3) The defense industry maintains not less than

16 60 percent of the total capability to perform mainte17 nance and repair of weapon systems and equipment.

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

19 and repair activities of the Department of Defense to

20 perform maintenance and repair of weapon systems

21 and equipment should not be determined by policies

22 established by the defense industry.

23 (5) Reductions in the number of civilian employ24 ees of the depot-level maintenance and repair activi25 ties of the Department of Defense may account for ap-
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1 proximately 80 percent of all reductions in the com2 ing years in the number of civilian employees of the

3 Department.

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

5 in the amount of funds available for the maintenance

6 and repair of weapon systems and equipment does

7 not necessarily result in a corresponding increase in

8 the performance of such maintenance and repair.

9 SEC. 322. MODIFICATION OF LIMITATION ON PERFORM10 ANCE OF DEPOT-LEVEL MAINTENANCE.

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

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

13 ‘‘(a) PERCENTAGE LIMITATION.—Not more than 40

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

15 military department or a Defense Agency for depot-level

16 maintenance and repair workload may be used to contract

17 for the performance by non-Federal Government personnel

18 of such workload for the military department or the Defense

19 Agency. Any such funds that are not used for such a con20 tract shall be used for the performance of depot-level mainte21 nance and repair workload by employees of the Department

22 of Defense.’’.

23 (b) INCLUSION OF REPAIR ACTIVITIES.—Subsection

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

25 after ‘‘maintenance’’ each place it appears.
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1 (c) COMPUTATION OF PERCENTAGE.—Such section is

2 further amended—

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

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

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

6 new subsection (d):

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

8 for purposes of subsection (a) the percentage of funds re9 ferred to in that subsection that are used to contract for

10 the performance of depot-level maintenance and repair

11 workload, the Secretary of the military department, or in

12 the case of a Defense Agency, the Secretary of Defense shall

13 include in the computation any funds provided for the per14 formance by such personnel of the following:

15 ‘‘(1) Interim contractor support.

16 ‘‘(2) Contract logistic support.

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

18 unit level.

19 ‘‘(4) The provision of materials and parts.’’.

20 (d) REPORT.—Subsection (f) of such section, as redes21 ignated by subsection (c)(1), is amended to read as follows:

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

23 Secretary of Defense shall submit to the Congress a report

24 describing the progress during the preceding fiscal year by

25 each military department and Defense Agency to achieve
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1 and maintain the percentage of depot-level maintenance

2 and repair required to be performed by employees of the

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

4 SEC. 323. LIMITATION ON THE PERFORMANCE OF DEPOT5 LEVEL MAINTENANCE OF MATERIEL FOR NEW

6 WEAPON SYSTEMS.

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

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

9 of this Act, is amended—

10 (1) by inserting ‘‘(1)’’ before ‘‘Not more than 40

11 percent’’; and

12 (2) by adding at the end the following new para13 graph:

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

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

16 to the Department of Defense, provide for the performance

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

18 60 percent of the depot-level maintenance of the weapon sys19 tem.’’.

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

21 section shall apply only with respect to a weapon system

22 initially delivered after the date of the enactment of this

23 Act.
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1 SEC. 324. AUDITS TO MONITOR COST GROWTH OF CON2 TRACTS TO PERFORM DEPOT-LEVEL MAINTE3 NANCE AND REPAIR.

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

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

6 new section:

7 ‘‘§ 2470. Audits of cost growth in contracts to perform

8 depot-level maintenance and repair

9 ‘‘The Secretary of Defense shall audit contracts entered

10 into by the Department of Defense for the performance of

11 depot-level maintenance and repair to monitor the costs in12 curred by the contractor to perform the contract. An audit

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

14 once during the period in which the contract is performed

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

16 in excess of the amount proposed by the contractor to per17 form the contract or in excess of costs incurred by the con18 tractor during the previous year.’’.

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

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

21 end the following new item:

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

repair.’’.
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1 SEC. 325. CONSIDERATION OF COSTS OF CLOSING DEPART2 MENT OF DEFENSE DEPOTS IN CERTAIN COST

3 COMPARISONS.

4 Section 2467 of title 10, United States Code, is amend5 ed—

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

7 (c); and

8 (2) by inserting after subsection (a) the follow9 ing:

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

11 DEPOTS.—In any comparison conducted by the Depart12 ment of Defense of the cost of performing depot-level mainte13 nance and repair work by non-Federal Government person14 nel and the cost of performing such work by employees of

15 the Department of Defense, the Secretary of Defense shall,

16 to the maximum extent practicable, consider the estimated

17 cost (including the cost to perform any necessary environ18 mental restoration of the facility) that would be incurred

19 if the Department of Defense were required to close a De20 partment of Defense defense depot-level facility as a result

21 of awarding the contract to non-Federal Government per22 sonnel to perform such work.’’.
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1 SEC. 326. AUTHORITY FOR DEPOT-LEVEL ACTIVITIES OF

2 THE DEPARTMENT OF DEFENSE TO COMPETE

3 FOR MAINTENANCE AND REPAIR WORKLOADS

4 OF OTHER FEDERAL AGENCIES.

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

6 States Code, as amended by section 324 of this Act, is fur7 ther amended by adding at the end the following new

8 section:

9 ‘‘§ 2471. Depot-level activities of the Department of De10 fense: authority to compete for mainte11 nance and repair workloads of other Fed12 eral agencies

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

14 shall be eligible to compete for the performance of any depot15 level maintenance and repair workload of a Federal agency

16 for which competitive procedures are used to select the en17 tity to perform the workload.’’.

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

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

20 end the following new item:

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

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

21 SEC. 327. AUTHORITY OF DEPOTS TO PROVIDE SERVICES

22 OUTSIDE OF THE DEPARTMENT OF DEFENSE.

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

24 States Code, as amended by section 326 of this Act, is fur-
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1 ther amended by adding at the end the following new

2 section:

3 ‘‘§ 2472. Persons outside the Department of Defense:

4 lease of excess depot-level equipment and

5 facilities by

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

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

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

9 the Secretary of Defense, may lease excess equipment and

10 facilities of a depot-level activity of the military depart11 ment, or the Defense Agency, to a person outside the Depart12 ment of Defense for the performance of depot-level mainte13 nance and repair work by such person.

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

15 be entered into only if—

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

17 will not have a significant adverse effect on the readi18 ness of the armed forces, as determined by the Sec19 retary concerned;

20 ‘‘(2) the person leasing such equipment or facili21 ties agrees to reimburse the Department of Defense for

22 the costs (both direct and indirect costs, including

23 any rental costs, as determined the Secretary con24 cerned) attributable to the lease of such equipment or

25 facilities;
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1 ‘‘(3) the person leasing such equipment or facili2 ties agrees to hold harmless and indemnify the United

3 States, except in cases of willful conduct or extreme

4 negligence, from any claim for damages or injury to

5 any person or property arising out the lease of such

6 equipment or facilities; and

7 ‘‘(4) the person leasing such equipment or facili8 ties agrees to hold harmless and indemnify the United

9 States from any liability or claim for damages or in10 jury to any person or property arising out of a deci11 sion by the Secretary concerned to suspend or termi12 nate the lease in times of war or national emergency.

13 ‘‘(c) CREDIT TO GENERAL FUND.—Any reimburse14 ment received under this section shall be credited to the Gen15 eral Fund of the Treasury.’’.

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

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

18 end the following new item:

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

19 SEC. 328. MAINTENANCE OF SUFFICIENT DEPOT-LEVEL FA20 CILITIES, ACTIVITIES, AND EMPLOYEES OF

21 THE DEPARTMENT OF DEFENSE.

22 The Secretary of Defense shall maintain sufficient

23 depot-level activities and facilities of the Department of De24 fense and a sufficient number of employees of the Depart-
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1 ment that are assigned to the performance of depot-level

2 maintenance and repair to carry out this subtitle and the

3 amendments made by this subtitle. The Secretary of Defense

4 should seek to ensure that the military departments main5 tain depot-level maintenance and repair capabilities nec6 essary to ensure their critical readiness requirements.

7 SEC. 329. REUTILIZATION INITIATIVE FOR DEPOT-LEVEL

8 ACTIVITIES.

9 (a) PILOT PROGRAM AUTHORIZED.—During fiscal

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

11 program to encourage commercial firms to enter into part12 nerships with depot-level activities of the military depart13 ments for the purpose of—

14 (1) demonstrating commercial uses of such depot15 level activities that are related to the principal mis16 sion of such depot-level activities;

17 (2) preserving employment and skills of employ18 ees currently employed by such depot-level activities

19 or providing for the reemployment and retraining of

20 employees who, as the result of the closure, realign21 ment, or reduced in-house workload of such activities,

22 may become unemployed; and

23 (3) supporting the goals of other defense conver24 sion, reinvestment, and transition assistance pro25 grams while also allowing such depot-level activities
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1 to remain in operation to continue to perform their

2 defense readiness mission.

3 (b) PARTICIPANTS IN PILOT PROGRAM.—The Sec4 retary shall designate not less than six depot-level activities

5 of the military departments to participate in the pilot pro6 gram under this section. Of these depot-level activities, at

7 least two shall be depot-level activities of the Department

8 of the Army, at least two shall be depot-level activities of

9 the Department of the Navy, and at least two shall be depot10 level activities of Department of the Air Force.

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

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

13 ensure that the program—

14 (1) does not interfere with the closure or realign15 ment of a depot-level activity of the military depart16 ments under a base closure law; and

17 (2) does not adversely affect the readiness or pri18 mary mission of a participating depot-level activity.

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

20 amounts authorized to be appropriated under section 301,

21 $100,000,000 shall be available only to carry out the pilot

22 program under this section.
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1 Subtitle D—Defense Business

2 Operations Fund

3 SEC. 341. OVERSIGHT OF DEFENSE BUSINESS OPERATIONS

4 FUND.

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

6 National Defense Authorization Act for Fiscal Years 1992

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

8 out ‘‘During the period’’ and all that follows through ‘‘De9 cember 31, 1994, the’’ and inserting in lieu thereof ‘‘The’’.

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

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

12 transfer amounts to or from the Defense Business Oper13 ations Fund from or to any other account or source until

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

15 Secretary transmits to the Congress a notification of the

16 Secretary’s intent to make the transfer.

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

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

19 charge for goods and services provided through the Defense

20 Business Operations Fund in advance of the provision of

21 such goods and services.

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

23 Operations Fund from another fund or activity of the De24 partment of the Defense may be made only for goods or serv-
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1 ices actually provided by the Defense Business Operations

2 Fund.

3 (d) PURCHASE FROM OTHER SOURCES.—The Sec4 retary of Defense or the Secretary of a military department

5 may purchase goods and services that are available for pur6 chase from the Defense Business Operations Fund from a

7 source other than the Defense Business Operations Fund if

8 the Secretary determines that such source offers a more com9 petitive rate for the goods and services than the Defense

10 Business Operations Fund offers.

11 (e) ANNUAL REPORTS AND BUDGET.—(1) The Sec12 retary of Defense shall annually submit to the Congress, at

13 the same time that the President submits the budget under

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

15 (A) A detailed report that contains a statement

16 of all receipts and disbursements of the Defense Busi17 ness Operations Fund (including such a statement for

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

19 the report is submitted.

20 (B) A detailed proposed budget for the operation

21 of the Defense Business Operations Fund for the fiscal

22 year for which the budget is submitted.

23 (2) Not later than September 30 each year, the Sec24 retary of Defense shall submit to the Congress a report that

25 contains a comparison of the amounts actually expended
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1 for the operation of the Defense Business Operations Fund

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

3 amount proposed for the operation of the Defense Business

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

5 budget.

6 (f) LIMITATION ON INCLUSION OF CERTAIN COSTS IN

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

8 through the Defense Business Operations Fund may not in9 clude amounts necessary to recover losses incurred by the

10 Defense Business Operations Fund that are unrelated to the

11 good or service or amounts to cover costs incurred in con12 nection with the closure or realignment of a military instal13 lation.

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

15 The Secretary of Defense shall establish billing procedures

16 to ensure that the balance in the Defense Business Oper17 ations Fund does not exceed $300,000,000 more than

18 amount necessary to provide for the working capital re19 quirements of the Defense Business Operations Fund, as de20 termined by the Secretary.

21 (2) The Secretary may waive the limitation described

22 in this subsection if the Secretary determines that such

23 waiver is critical to the national security of the United

24 States. The Secretary shall immediately notify the Congress

25 of any such waiver and the reasons for the waiver.
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1 SEC. 342. REVIEW BY COMPTROLLER GENERAL OF CHARGES

2 IMPOSED BY DEFENSE BUSINESS OPER3 ATIONS FUND.

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

5 States shall review the charges for goods and services pro6 vided by the Defense Business Operations Fund, including

7 a review of—

8 (1) charges for goods and services provided by

9 the Defense Business Operations Fund, including a

10 comparison of charges imposed for the provision of

11 goods and services to the military departments and

12 Defense Agencies with charges imposed for the provi13 sion of goods and services to persons outside the De14 partment of Defense;

15 (2) charges imposed by the Defense Business Op16 erations Fund for overhead costs and service charges;

17 and

18 (3) the extent to which charges imposed by the

19 Defense Business Operations Fund provide an advan20 tage or disadvantage for the military departments

21 and Defense Agencies or for persons outside the De22 partment of Defense for whom such goods and services

23 are provided.

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

25 Comptroller General of the United States shall submit to

26 the Congress a report on the results of the review conducted
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1 under subsection (a) and the recommendations of the Comp2 troller General for any legislative and administrative ac3 tion the Comptroller General considers to be appropriate.

4 Subtitle E—Department of Defense

5 Domestic and Overseas Schools

6 SEC. 351. REAUTHORIZATION OF DEPARTMENT OF DE7 FENSE DOMESTIC ELEMENTARY AND SEC8 ONDARY SCHOOLS FOR MILITARY DEPEND9 ENTS.

10 (a) CONTINUED AUTHORITY TO PROVIDE FOR EDU11 CATION OF MILITARY DEPENDENTS WHEN LOCAL AGEN12 CIES ARE UNABLE TO.—Chapter 108 of title 10, United

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

14 new section:

15 ‘‘§ 2164. Department of Defense domestic dependent

16 elementary and secondary schools

17 ‘‘(a) AUTHORITY OF SECRETARY.—If the Secretary of

18 Defense makes a determination that appropriate edu19 cational programs are not available through a local edu20 cational agency for dependents of members of the armed

21 forces residing on or near a military installation in the

22 United States (including territories, commonwealths, and

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

24 for the elementary or secondary education of such depend25 ents.
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1 ‘‘(b) FACTORS TO BE CONSIDERED.—Factors to be

2 considered by the Secretary of Defense in making a deter3 mination under subsection (a) shall include the following:

4 ‘‘(1) The extent to which such dependents are eli5 gible for free public education in the local area adja6 cent to the military installation.

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

8 agency is able to provide an appropriate educational

9 program for such dependents. For purposes of this

10 section, an appropriate educational program, as de11 termined by the Secretary, is a program comparable

12 to a program of free public education provided for

13 children—

14 ‘‘(A) in similar communities in the State,

15 in the case of a military installation located in

16 a State;

17 ‘‘(B) in similar communities in adjacent

18 States, in the case of a military installation ad19 jacent to or located in more than one State; and

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

21 of a military installation located in a territory,

22 commonwealth, or possession, except that an ap23 propriate educational program under this sub24 paragraph is also a program of education con25 ducted in the English language.
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1 ‘‘(c) EDUCATION FOR DEPENDENTS OF FEDERAL EM2 PLOYEES.—(1) An individual who is a dependent of a Fed3 eral employee residing at any such military installation at

4 any time during the school year may enroll in an edu5 cational program provided by the Secretary of Defense pur6 suant to subsection (a).

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

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

9 is enrolled in an educational program provided by the Sec10 retary pursuant to subsection (a), and who is not living

11 on the military installation may be enrolled in the program

12 for not more than five consecutive school years.

13 ‘‘(B) An individual referred to in subparagraph (A)

14 may be enrolled in the program for more than five consecu15 tive school years if the Secretary determines, after consider16 ation of the individual’s educational well-being, that good

17 cause exists to extend the enrollment for more than the five18 year period described in such subparagraph. Any such ex19 tension may be made for only one school year at a time.

20 ‘‘(C) For purposes of this paragraph, the five-year pe21 riod described in subparagraph (A) begins on the date the

22 individual enrolls in the program pursuant to this section

23 or pursuant to any provision of law enacted before the date

24 of the enactment of this section that provided eligibility to

25 the individual for enrollment in a similar program.
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1 ‘‘(3) An individual enrolled in a program under this

2 subsection may participate in the program for the remain3 der of the school year notwithstanding a change in status

4 of the Federal employee with respect to whom the individual

5 is a dependent, except that any such individual may be re6 moved from enrollment in the program at any time for good

7 cause, as determined by the Secretary.

8 ‘‘(d) ESTABLISHMENT OF SCHOOL BOARDS.—(1) The

9 Secretary of Defense shall provide for the establishment of

10 a school board for each Department of Defense elementary

11 or secondary school established for a military installation

12 under this section.

13 ‘‘(2) Each school board established for a school under

14 paragraph (1) shall be elected by the parents of individuals

15 attending the school. Meetings conducted by the school board

16 shall be open to the public.

17 ‘‘(3)(A) A school board elected for a school under this

18 subsection may develop fiscal, personnel, and educational

19 policies and procedures for the school, including fiscal, per20 sonnel, and educational program management, except that

21 the Secretary may issue any directive to the school board

22 and school administrative officials the Secretary considers

23 necessary for the effective operation of the school or the en24 tire school system.
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1 ‘‘(B) Any directive referred to in subparagraph (A)

2 shall, to the maximum extent practicable, be issued only

3 after consultation with appropriate school boards elected

4 under this subsection. The Secretary shall establish a proc5 ess by which a school board or school administrative offi6 cials may formally appeal such directives directly to the

7 Secretary. Consideration of such appeals may not be dele8 gated below the Secretary of Defense.

9 ‘‘(e) STAFF.—(1) The Secretary of Defense, in coordi10 nation with the school board established for a school under

11 subsection (d), may enter into such arrangements as may

12 be necessary to provide educational programs under this

13 section.

14 ‘‘(2) The Secretary may, without regard to the provi15 sions of any other law relating to the number, classification,

16 or compensation of employees—

17 ‘‘(A) establish such positions for civilian employ18 ees in schools established under this section;

19 ‘‘(B) appoint individuals to such positions; and

20 ‘‘(C) fix the compensation of such individuals for

21 service in such positions.

22 ‘‘(3)(A) Except as provided in subparagraph (B), in

23 fixing the compensation of employees appointed under

24 paragraph (2), the Secretary, in coordination with the
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1 school board established for a school under subsection (d),

2 shall consider—

3 ‘‘(i) the compensation of comparable employees

4 of the local educational agency in the capital of the

5 State where the military installation is located;

6 ‘‘(ii) the compensation of comparable employees

7 in the local educational agency that provides public

8 education to students who live adjacent to the mili9 tary installation; or

10 ‘‘(iii) the average compensation for similar posi11 tions in not more than three other local educational

12 agencies, as determined by the Secretary and the ap13 propriate local school boards in the State in which the

14 military installation is located.

15 ‘‘(B) In fixing the compensation of employees in

16 schools established in the territories, commonwealths, and

17 possessions under this section or any other provision of law

18 enacted before the date of the enactment of this section that

19 provided for similar schools, the Secretary shall determine

20 the level of compensation required to attract qualified em21 ployees. For employees in such schools, the Secretary, in co22 ordination with the local school boards and without regard

23 to the provisions of title 5, may arrange for the tenure,

24 leave, hours of work, and other incidents of employment on
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1 a similar basis as is provided for comparable positions in

2 the public schools of the District of Columbia.

3 ‘‘(f) REIMBURSEMENT.—When the Secretary of Defense

4 provides educational services under this section to an indi5 vidual who is a dependent of an employee of another Fed6 eral agency, the head of the other Federal agency shall, upon

7 request of the Secretary of Defense, reimburse the Secretary

8 of Defense for those services at rates routinely prescribed

9 by the Secretary of Defense for those services. Any payments

10 received by the Secretary of Defense under this section shall

11 be credited to the account designated by the Secretary for

12 the operation of educational programs under this section.’’.

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

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

15 end the following new item:

‘‘2164. Department of Defense domestic dependent elementary and secondary

schools.’’.

16 (c) SAVINGS PROVISION.—Nothing in section 2164 of

17 title 10, United States Code, as added by subsection (a),

18 shall be construed as affecting the rights in existence on the

19 date of the enactment of this Act of an employee of any

20 school established under such section (or any other provision

21 of law enacted before the date of the enactment of this Act

22 that established a similar school) to negotiate or bargain

23 collectively with the Secretary with respect to wages, hours,

24 and other terms and conditions of employment.
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1 SEC. 352. SURVEY AND PILOT PROGRAM FOR THE TRANS2 FER OF DEPARTMENT OF DEFENSE DOMES3 TIC DEPENDENT ELEMENTARY AND SECOND4 ARY SCHOOLS TO APPROPRIATE LOCAL EDU5 CATIONAL AGENCIES.

6 (a) SURVEY.—(1) The Secretary of Defense shall con7 duct a survey of each Department of Defense domestic de8 pendent elementary and secondary school operated by the

9 Department of Defense to determine the feasibility of, and

10 actions necessary to be taken to provide for, the transfer

11 of that school to the appropriate local educational agency.

12 (2) The Secretary of Defense shall coordinate the con13 duct of the survey of each such school with representatives

14 of the local educational agency referred to in paragraph (1)

15 and of parent organizations representing parents of stu16 dents enrolled in the school.

17 (3) Issues addressed by the survey shall include—

18 (A) the opinions and attitudes of such parents

19 with respect to the appropriate entity to operate the

20 school;

21 (B) the position of the local educational agency

22 and the appropriate education officials of the State in

23 which the school is located regarding the extent to

24 which the transfer of the school to the local edu25 cational agency is feasible and desirable, including
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1 the financial and legal justifications for that position;

2 and

3 (C) the requirements, as specified by the local

4 educational agency and the appropriate education of5 ficials of the State in which the school is located, for

6 financial support, military construction, and any

7 other support provided by the Department of Defense

8 in order to complete the transfer of the school to the

9 local educational agency.

10 (4) Not later than June 30, 1995, the Secretary of De11 fense shall submit to the Committees on Armed Services of

12 the Senate and the House of Representatives a report on

13 the results of the survey. The report shall include the rec14 ommendations of the Secretary with respect to the transfer

15 of each such school.

16 (b) PILOT PROGRAM.—(1) The Secretary of Defense

17 shall conduct a pilot program to assess the potential for

18 the transfer of Department of Defense domestic dependent

19 elementary and secondary schools to appropriate local edu20 cational agencies.

21 (2) The Secretary of Defense shall select two schools

22 for participation in the pilot program based on the results

23 of the survey conducted by the Secretary under subsection

24 (a). The Secretary shall provide for the transfer of each such

25 school to the appropriate local educational agency not later
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1 than the date on which the 1995 school year begins for that

2 school.

3 (3) Not later than March 31, 1996, the Secretary of

4 Defense shall submit to the Committees on Armed Services

5 of the Senate and House of Representatives a report on the

6 results of the pilot program. The report shall include the

7 recommendation of the Secretary with respect to the extent

8 to which other Department of Defense domestic dependent

9 elementary and secondary schools should be transferred to

10 appropriate local educational agencies.

11 (c) LIMITATION.—A Department of Defense domestic

12 dependent elementary or secondary school may not be trans13 ferred to a local educational agency under this section ex14 cept on terms that are agreeable to the local educational

15 agency.

16 SEC. 353. REPORT ON CALCULATION AND RECOVERY OF

17 TUITION COSTS OF CERTAIN STUDENTS EN18 ROLLED IN SCHOOLS OF THE DEFENSE DE19 PENDENTS’ EDUCATION SYSTEM.

20 (a) REPORT.—Not later than March 31, 1995, the Sec21 retary of Defense shall submit to the Committees on Armed

22 Services of the Senate and House of Representatives and

23 the Committee on Education and Labor of the House of

24 Representatives a report on the calculation and application

25 of the tuition rate required to be determined under section
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1 1404(b) of the Defense Dependents’ Education Act of 1978

2 (20 U.S.C. 923(b)).

3 (b) CONTENTS OF REPORT.—The report required by

4 subsection (a) shall contain the following:

5 (1) A description of—

6 (A) the costs included in the tuition rate;

7 (B) the method by which the tuition rate is

8 determined; and

9 (C) the method by which any increase in

10 the tuition rate is determined.

11 (2) An analysis of—

12 (A) the variation in the cost of providing

13 educational services in the defense dependents’

14 education system in different geographic loca15 tions; and

16 (B) the extent to which the imposition of a

17 uniform tuition rate enables the system to receive

18 adequate funds to defray the cost of providing

19 educational services to tuition-paying students.

20 (3) Recommendations of the Secretary with re21 spect to improvements that may be made in the deter22 mination and application of the tuition rate.
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1 SEC. 354. AUTHORITY TO ACCEPT GIFTS FOR DEPARTMENT

2 OF DEFENSE DOMESTIC ELEMENTARY AND

3 SECONDARY SCHOOLS.

4 (a) AUTHORITY.—Section 2605 of title 10, United

5 States Code, is amended—

6 (1) by striking out ‘‘the defense dependents’ edu7 cation system provided for under the Defense Depend8 ents’ Education Act of 1978 (20 U.S.C. 921 et seq.)’’

9 in subsection (a) and inserting in lieu thereof ‘‘a de10 fense dependents’ school’’; and

11 (2) by striking out ‘‘the defense dependent’s edu12 cation system’’ in subsection (b) and inserting in lieu

13 thereof ‘‘defense dependents’ schools’’.

14 (b) DEFINITION.—Such section is further amended by

15 adding at the end the following new subsection:

16 ‘‘(g) In this section, the term ‘defense dependents’

17 school’ means the following:

18 ‘‘(1) A school established as part of the defense

19 dependents’ education system provided for under the

20 Defense Dependents’ Education Act of 1978 (20

21 U.S.C. 921 et seq.).

22 ‘‘(2) An elementary or secondary school estab23 lished pursuant to section 2164 of this title.’’.

24 (c) CLERICAL AMENDMENT.—(1) The heading of such

25 section is amended to read as follows:
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1 ‘‘§ 2605. Acceptance of gifts for defense dependents’

2 schools’’.

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

4 sections at the beginning of chapter 155 of such title is

5 amended to read as follows:

‘‘2605. Acceptance of gifts for defense dependents’ schools.’’.

6 Subtitle F—Other Matters

7 SEC. 361. MODIFICATION OF FEES PAID BY RESIDENTS OF

8 ARMED FORCES RETIREMENT HOME.

9 (a) IN GENERAL.—Paragraph (2) of section 1514(c)

10 of the Armed Forces Retirement Home Act of 1991 (24

11 U.S.C. 414(c)(2)) is amended to read as follows:

12 ‘‘(2) The fee shall be fixed as a percentage of the month13 ly income and monthly payments (including Federal pay14 ments) received by a resident, subject to such adjustments

15 in the fee as the Retirement Home Board may make under

16 paragraph (1). The percentage shall be the same for each

17 establishment of the Retirement Home.’’.

18 (b) APPLICATION OF MODIFIED FEES TO ALL RESI19 DENTS.—(1) Subsections (d) and (e) of section 1514 of such

20 Act are repealed.

21 (2) Such section is further amended by adding after

22 subsection (c) the following new subsection (d):

23 ‘‘(d) APPLICATION OF FEES.—Subject to such adjust24 ments in the fee as the Retirement Home Board may make
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1 under subsection (c), each resident of the Retirement Home

2 shall be required to pay a monthly fee equal to—

3 ‘‘(1) in the case of a resident who is receiving as4 sisted-living services at the Retirement Home, 65 per5 cent of all monthly income and monthly payments

6 (including Federal payments) received by the resi7 dent; and

8 ‘‘(2) in the case of a resident who is not receiv9 ing assisted-living services at the Retirement Home,

10 40 percent of all such monthly income and monthly

11 payments.’’.

12 (c) EFFECTIVE DATE.—The amendments made by this

13 section shall take effect one year after the date of the enact14 ment of this Act.

15 SEC. 362. NATIONAL GUARD YOUTH PROGRAM.

16 (a) AUTHORITY.—Chapter 5 of title 32, United States

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

18 section:

19 ‘‘§ 508. Assistance to certain youth organizations

20 ‘‘(a) Members or units of the National Guard may pro21 vide the services described in subsection (b) to an organiza22 tion described in subsection (c) in conjunction with train23 ing required under this chapter if—

24 ‘‘(1) the provision of such services does not de25 grade the quality of the training or otherwise interfere
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1 with the ability of any unit to perform its military

2 functions;

3 ‘‘(2) the services provided are not commercially

4 available or affected commercial entities have agreed

5 in writing not to object to the provision of the serv6 ices;

7 ‘‘(3) members of the National Guard providing

8 the services perform activities which enhance their

9 skills in their military specialties; and

10 ‘‘(4) such assistance does not materially increase

11 the cost of training activities under this chapter.

12 ‘‘(b) Services which may be provided under this section

13 are the following:

14 ‘‘(1) Ground transportation.

15 ‘‘(2) Limited air transportation, but only in the

16 case of the Special Olympics.

17 ‘‘(3) Administrative support.

18 ‘‘(4) Technical training.

19 ‘‘(5) Emergency medical assistance.

20 ‘‘(6) Communications.

21 ‘‘(c) The organizations which may be assisted under

22 this section are the following:

23 ‘‘(1) The Boy Scouts of America.

24 ‘‘(2) The Girl Scouts of America.

25 ‘‘(3) The Boys and Girls Clubs of America.
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1 ‘‘(4) The YMCA.

2 ‘‘(5) The YWCA.

3 ‘‘(6) The Civil Air Patrol.

4 ‘‘(7) The Special Olympics.

5 ‘‘(8) Campfire Boys and Girls.

6 ‘‘(9) The 4–H Club.

7 ‘‘(10) The Police Athletic League.’’.

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

9 the beginning of chapter 5 of title 32, United States Code,

10 is amended by adding at the end the following item:

‘‘508. Assistance to certain youth organizations.’’.

11 SEC. 363. DEPARTMENT OF DEFENSE FOOD INVENTORY

12 PROGRAM.

13 (a) DEMONSTRATION PROJECT.—The Department of

14 Defense Food Inventory Demonstration Project (the imple15 mentation of which was requested of the military depart16 ments and the Defense Logistics Agency by the Deputy

17 Under Secretary of Defense, Logistics, in a memorandum

18 dated August 16, 1993) shall be completed by the Depart19 ment of Defense not later than September 30, 1995 and

20 shall be expanded to cover two geographic areas, as des21 ignated by the Secretary of Defense.

22 (b) REPORT.—Not later than October 1, 1995, the Sec23 retary of Defense shall submit to the Committees on Armed

24 Services of the Senate and House of Representatives a re-
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1 port on the implementation of the demonstration project re2 ferred to in subsection (a).

3 (c) IMPLEMENTATION OF PROGRAM THROUGHOUT

4 UNITED STATES.—Not later than October 1, 1996, the Sec5 retary of Defense shall provide for the expanded use

6 throughout the United States of full-line commercial food

7 distributors to meet the food requirements of the Depart8 ment of Defense.

9 SEC. 364. DEPARTMENT OF DEFENSE SPECIAL SUPPLE10 MENTAL FOOD PROGRAM.

11 (a) IN GENERAL.—Chapter 53 of title 10, United

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

13 new section:

14 ‘‘§ 1060a. Special supplemental food program

15 ‘‘(a) AUTHORITY.—The Secretary of Defense may

16 carry out a program to provide special supplemental food

17 benefits to members of the armed forces on duty at stations

18 outside the United States (and its territories and posses19 sions) and to eligible civilians serving with, employed by,

20 or accompanying the armed forces outside the United States

21 (and its territories and possessions).

22 ‘‘(b) FEDERAL PAYMENTS AND COMMODITIES.—For

23 the purpose of obtaining Federal payments and commod24 ities in order to carry out the program referred to in sub25 section (a), the Secretary of Defense shall make available,
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1 from funds appropriated for such purpose, the same pay2 ments and commodities as are made for the special supple3 mental food program in the United States under section

4 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).

5 ‘‘(c) PROGRAM ADMINISTRATION.—(1)(A) The Sec6 retary of Defense shall administer the program referred to

7 in subsection (a) and, except as provided in subparagraph

8 (B), shall determine eligibility for program benefits under

9 the criteria published by the Secretary of Agriculture under

10 section 17 of the Child Nutrition Act of 1966 (42 U.S.C.

11 1786).

12 ‘‘(B) The Secretary of Defense shall prescribe regula13 tions governing computation of income eligibility standards

14 for families of individuals participating in the program

15 under this section.

16 ‘‘(2) The program benefits provided under the program

17 shall be similar to benefits provided by State and local

18 agencies in the United States.

19 ‘‘(d) DEPARTURES FROM STANDARDS.—The Secretary

20 of Defense may authorize departures from standards pre21 scribed by the Secretary of Agriculture regarding the sup22 plemental foods to be made available in the program when

23 local conditions preclude strict compliance or when such

24 compliance is highly impracticable.
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Funds

2 are hereby authorized to be appropriated to the Department

3 of Defense for operations and maintenance for any fiscal

4 year in such amounts as may be necessary for the adminis5 trative expenses of the Department of Defense under this

6 section.

7 ‘‘(f) REGULATIONS.—The Secretary of Defense shall

8 prescribe regulations to administer the program authorized

9 by this section.

10 ‘‘(g) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘eligible civilian’ means—

12 ‘‘(A) a dependent of a member of the armed

13 forces residing with the member outside the Unit14 ed States;

15 ‘‘(B) a employee of a military department

16 who is a national of the United States and is re17 siding outside the United States in connection

18 with such individual’s employment or a depend19 ent of such individual residing with the employee

20 outside the United States; or

21 ‘‘(C) an employee of a Department of De22 fense contractor who is a national of the United

23 States and is residing outside the United States

24 in connection with such individual’s employment
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1 or a dependent of such individual residing with

2 the employee outside the United States.

3 ‘‘(2) The term ‘national of the United States’

4 means—

5 ‘‘(A) a citizen of the United States; or

6 ‘‘(B) a person who, though not a citizen of

7 the United States, owes permanent allegiance to

8 the United States (as defined in section

9 101(a)(22) of the Immigration and Nationality

10 Act (8 U.S.C. 1101(a)(22))).

11 ‘‘(3) The term ‘dependent’ has the meaning given

12 such term in subparagraphs (A), (D), (E), and (I) of

13 section 1072(2) of this title.’’.

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

15 the beginning of chapter 53 of title 10, United States Code,

16 is amended by adding at the end the following new item:

‘‘1060a. Special supplemental food program.’’.

17 SEC. 365. TRANSPORTATION OF THE REMAINS OF DE18 CEASED RETIRED MEMBERS WHO DIE OUT19 SIDE OF THE UNITED STATES.

20 (a) AUTHORITY.—Section 1481 of title 10, United

21 States Code, is amended—

22 (1) in subsection (a)—

23 (A) by striking out ‘‘the remains of—’’ and

24 inserting in lieu thereof ‘‘the remains of the fol25 lowing:’’;
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1 (B) by amending the first word in each

2 paragraph by capitalizing the first letter of that

3 first word;

4 (C) by striking out ‘‘and’’ after the semi5 colon in paragraph (7);

6 (D) by striking out the semicolon at the end

7 of each paragraph and inserting in lieu thereof

8 a period; and

9 (E) by inserting after paragraph (8) the fol10 lowing new paragraph:

11 ‘‘(9) To the extent authorized under section

12 1482(g) of this title, any retired member of an armed

13 force or a dependent of such a member who dies while

14 outside the United States.’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(c) In this section, the term ‘dependent’ has the mean18 ing given such term in section 1072(2) of this title.’’.

19 (b) EXPENSES INCIDENT TO DEATH.—Section 1482 of

20 such title is amended by adding at the end the following

21 new subsection:

22 ‘‘(g) The payment of expenses incident to the recovery,

23 care, and disposition of a decedent covered by section

24 1481(a)(9) of this title is limited to the payment of expenses

25 described in paragraphs (1) through (5) of subsection (a)
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1 and air transportation of the remains from a location out2 side the United States to a point of entry in the United

3 States. Such air transportation may be provided without

4 reimbursement on a space-available basis in military or

5 military-chartered aircraft. The Secretary concerned shall

6 pay all other expenses authorized to be paid under this sub7 section only on a reimbursable basis. Amounts reimbursed

8 to the Secretary concerned under this subsection shall be

9 credited to appropriations available, at the time of reim10 bursement, for the payment of such expenses.’’.

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

12 section shall apply with respect to the remains of, and inci13 dental expenses incident to the recovery, care, and disposi14 tion of, an individual who dies after the date of the enact15 ment of this Act.

16 SEC. 366. AUTHORITY TO TRANSPORT THE REMAINS OF

17 CERTAIN DECEASED VETERANS ON DEPART18 MENT OF DEFENSE AEROMEDICAL EVACU19 ATION AIRCRAFT.

20 (a) TRANSPORTATION AUTHORIZED.—Subsection (a)

21 of section 2641 of title 10, United States Code, is amended

22 by inserting before the period the following: ‘‘or of trans23 porting the remains of a deceased veteran who died at the

24 facility after being transported to the facility under this

25 subsection. Transportation of the remains of a deceased vet-
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1 eran under this subsection may be provided to the place

2 from which the veteran was transported to the facility or

3 to any other destination which is not farther away from

4 the facility than such place’’.

5 (b) CONFORMING AMENDMENTS.—Such section is fur6 ther amended—

7 (1) in subsection (b)—

8 (A) by inserting ‘‘or for the remains of a

9 veteran’’ after ‘‘furnished to a veteran’’;

10 (B) in paragraph (1), by inserting ‘‘or of

11 the remains of such veteran’’ after ‘‘of such vet12 eran’’; and

13 (C) in paragraph (2), by inserting ‘‘or the

14 remains of the veteran’’ after ‘‘for the veteran’’;

15 (2) in subsection (d)(1)—

16 (A) by inserting ‘‘or on the survivors of a

17 veteran’’ after ‘‘on a veteran’’; and

18 (B) by inserting ‘‘or for the remains of the

19 veteran’’ after ‘‘to the veteran’’; and

20 (3) in subsection (d)(2), by inserting ‘‘or for the

21 remains of veterans’’ after ‘‘to veterans’’.

22 (c) CROSS REFERENCE AMENDMENT.—Subsection (c)

23 of such section is amended by striking out ‘‘5011(g)(5)’’ and

24 inserting in lieu thereof ‘‘8111(g)(5)’’.
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1 SEC. 367. MODIFICATION OF AIR FORCE SUPPORT FOR THE

2 CIVIL AIR PATROL.

3 (a) PROVISION OF FUNDS.—Subsection (b) of section

4 9441 of title 10, United States Code, is amended—

5 (1) by redesignating paragraphs (8), (9), (10),

6 and (11) as paragraphs (9), (10), (11), and (12), re7 spectively; and

8 (2) by inserting after paragraph (7) the follow9 ing new paragraph (8):

10 ‘‘(8) provide funds for the national headquarters

11 of the Civil Air Patrol, including the provision (in

12 advance of payment) of funds for the payment of staff

13 compensation and benefits, administrative expenses,

14 travel, per diem and allowances, rent and utilities,

15 and other operational expenses;’’.

16 (b) LIAISONS.—Such section is further amended by

17 adding at the end the following new subsection:

18 ‘‘(d)(1) The Secretary of the Air Force may authorize

19 the Civil Air Patrol to employ, as administrators and liai20 son officers, retired members of the Air Force whose quali21 fications are approved under regulations prescribed by the

22 Secretary and who request such employment.

23 ‘‘(2) A retired member employed pursuant to para24 graph (1) may receive the member’s retired pay and an ad25 ditional amount that is not more than the difference be26 tween the member’s retired pay and the pay and allowances
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1 the member would be entitled to receive if ordered to active

2 duty in the grade in which the member retired. The addi3 tional amount shall be paid to the Civil Air Patrol by the

4 Secretary from funds generally available to the Air Force

5 for civil air assistance.

6 ‘‘(3) A retired member employed pursuant to para7 graph (1) shall not, while so employed, be considered to be

8 on active duty or inactive-duty training for any purpose.’’.

9 SEC. 368. REVIEW AND REPORT ON USE OF OPERATIONS

10 AND MAINTENANCE FUNDS BY THE DEPART11 MENT OF DEFENSE.

12 (a) REVIEW.—The Secretary of Defense shall conduct

13 a review of each operations and maintenance account of

14 the Department of Defense to determine the extent to which

15 funds appropriated to the Department for operations and

16 maintenance accounts are used for an activity for which

17 funds have been appropriated to, or are more appropriately

18 made available from, accounts of the Department for pro19 curement, research, development, test, and evaluation, or

20 military construction.

21 (b) REPORT.—Not later than March 31, 1995, the Sec22 retary of Defense shall submit to the Committees on Armed

23 Services of the Senate and House of Representatives a re24 port that contains the result of the review conducted by the

25 Secretary under subsection (a) and a report on the extent
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1 to which funds appropriated to the Department of Defense

2 for operations and maintenance accounts are being used for

3 an activity for which funds have been appropriated to, or

4 are more appropriately made available from, accounts of

5 the Department for procurement, research, development,

6 test, and evaluation, or military construction.

7 SEC. 369. REQUIREMENT OF COMPARATIVE REPORT ON

8 OPERATIONS AND MAINTENANCE FUNDING.

9 (a) REQUIREMENT.—Subsection (a) of section 116 of

10 title 10, United States Code, is amended by adding at the

11 end the following new paragraph:

12 ‘‘(3) The Secretary shall include in each such report

13 a comparison of the level of funding for operations and

14 maintenance for the next fiscal year with the level of oper15 ations and maintenance funding for each previous fiscal

16 year beginning with fiscal year 1975, using constant dollars

17 and the same standard of comparison for each such fiscal

18 year.’’.

19 (b) DEVELOPMENT OF COMPARATIVE METHOD.—Not

20 later than February 1, 1995, the Secretary of Defense shall

21 submit to the Committees on Armed Services of the Senate

22 and House of Representatives a report on the development

23 by the Secretary of a method to make the comparison re24 quired under paragraph (3) of section 116(a) of title 10,

25 United States Code, as added by subsection (a).
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1 SEC. 370. AUTOMATED DATA PROCESSING PROGRAMS OF

2 THE DEPARTMENT OF DEFENSE.

3 (a) LIMITATION.—Of amounts authorized to be appro4 priated under section 301, not more than $2,575,000,000

5 shall be available for new development and modernization

6 of automated data processing programs of the Department

7 of Defense. The Secretary of Defense may not obligate or

8 expend amounts in excess of $2,000,000,000 for any such

9 new development or modernization until the Secretary—

10 (1) makes a determination that any such new

11 development or modernization is based on—

12 (A) a sound functional economic analysis;

13 (B) objectives of the defense information in14 frastructure;

15 (C) migratory assessment guidance provided

16 by the Defense Information Systems Agency; and

17 (D) Department of Defense directives on life

18 cycle management; and

19 (2) establishes performance measures and man20 agement controls to oversee and manage the acceler21 ated implementation of migration systems, data

22 standards, and process improvement.

23 (b) REPORTS.—(1) Not later than December 15, 1994,

24 the Secretary of Defense shall submit to the Congress a re25 port on the establishment by the Secretary of performance

26 measures and management controls to ensure, to the maxi-
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1 mum extent practicable, the best possible return on invest2 ment for any funds used by the Secretary for new develop3 ment and modernization of automated data processing pro4 grams of the Department of Defense.

5 (2) Not later than March 15 and December 15 of each

6 year, the Secretary of Defense shall submit to the Congress

7 a report on the progress made by the Secretary in improv8 ing the defense information infrastructure, realizing a re9 duction in the overall support infrastructure of the Depart10 ment of Defense, selecting and converting to migration sys11 tems, establishing data standards, and improving the func12 tional business process for the automated data processing

13 programs of the Department. The report shall include infor14 mation (by functional area) on—

15 (A) the migration systems selected for the pro16 grams;

17 (B) the systems that will be migrated or elimi18 nated;

19 (C) the total cost of migration, including conver20 sion and interface costs;

21 (D) the number of corporate data elements that

22 have been standardized; and

23 (E) the improvements that have been made to

24 any such process, including the savings that have been

25 achieved by such improvements.
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1 (c) REVIEW BY THE COMPTROLLER GENERAL.—Not

2 later than March 1, 1995, the Comptroller General of the

3 United States shall submit to the Congress a report that

4 contains an evaluation of the performance measures and

5 management controls established by the Secretary of Defense

6 to manage and oversee the implementation of migration

7 systems, data standards, and process improvements for the

8 automated data processing programs of the Department of

9 Defense.

10 SEC. 371. REVIEW BY DEFENSE INSPECTOR GENERAL OF

11 COST GROWTH IN CERTAIN CONTRACTS.

12 (a) IN GENERAL.—(1) Chapter 146 of title 10, United

13 States Code, as amended by section 327, is further amended

14 by adding at the end the following new section:

15 ‘‘§ 2473. Cost growth in commercial contracts: review

16 by Inspector General

17 ‘‘(a) REVIEW.—Each fiscal year, the Inspector General

18 of the Department of Defense shall conduct a review of not

19 less than 20 percent of existing contracts for the perform20 ance of commercial activities which resulted from a cost

21 comparison study conducted by the Department of Defense

22 under Office of Management and Budget Circular A–76 (or

23 any other successor administrative regulation or policy) to

24 determine the extent to which the costs incurred by a con-
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1 tractor under any such contract has exceeded the cost of the

2 contract at the time the contract was entered into.

3 ‘‘(b) REPORT.—Each year, not later than 30 days

4 after the day on which the President submits to the Congress

5 the budget for a fiscal year under section 1105 of title 31,

6 the Secretary of Defense shall submit to the Committees on

7 Armed Services of the Senate and House of Representatives

8 a report containing the results of the most recently con9 ducted review under subsection (a).’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by adding at the end the following new item:

‘‘2473. Cost growth in commercial contracts: review by Inspector General.’’.

12 (b) USE OF FUNDS.—Of amounts authorized to be ap13 propriated pursuant to section 301(12) for the Inspector

14 General of the Department of Defense, $10,000,000 shall be

15 available to conduct a review under subsection (a) for fiscal

16 year 1995.

17 SEC. 372. COST COMPARISON STUDIES FOR CONTRACTS

18 FOR ADVISORY AND ASSISTANCE SERVICES.

19 (a) IN GENERAL.—(1) Chapter 141 of title 10, United

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

21 new section:

22 ‘‘§ 2410l. Contracts for advisory and assistance serv23 ices: cost comparison studies

24 ‘‘(a) REQUIREMENT.—Before the Secretary of Defense

25 enters into a contract for the performance of advisory and
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1 assistance services, the Secretary of Defense shall conduct

2 a comparison study of the cost of performing the services

3 by Department of Defense personnel and the cost of perform4 ing the services by contractor personnel.

5 ‘‘(b) WAIVER.—The Secretary of Defense may, pursu6 ant to guidelines established by the Secretary, waive the re7 quirement under subsection (a) to perform a cost compari8 son study based on factors that are not related to cost.’’.

9 (2) The table of sections at the beginning of such chap10 ter is amended by adding at the end the following new item:

‘‘2410l. Contracts for advisory and assistance services: cost comparison studies.’’.

11 (b) PROCEDURES FOR CONDUCT OF STUDIES.—The

12 Secretary of Defense shall establish the following procedures:

13 (1) Procedures to carry out a cost comparison

14 study under section 2410l of title 10, United States

15 Code, as added by subsection (a). Such procedures

16 may contain a requirement that the cost comparison

17 study include consideration of factors that are not re18 lated to cost, including the quality of the service re19 quired to be performed, the availability of Depart20 ment of Defense personnel, the duration and recurring

21 nature of the services to be performed, and the consist22 ency of the workload.

23 (2) Procedures to review contracts entered into

24 after a waiver under subsection (b) of such section to
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1 determine whether the contract is justified and suffi2 ciently documented.

3 (c) EFFECTIVE DATE.—Section 2410l of title 10, Unit4 ed States Code, as added by subsection (a), shall take effect

5 six months after the date of the enactment of this Act.

6 SEC. 373. REQUIREMENT AND PLAN FOR CONVERTING PER7 FORMANCE OF CERTAIN POSITIONS TO PER8 FORMANCE BY DEPARTMENT OF DEFENSE

9 EMPLOYEES.

10 (a) CONVERSION TO PERFORMANCE BY EMPLOYEES.—

11 In each of fiscal years 1995, 1996, and 1997, the Secretary

12 of Defense shall change the performance of not less than

13 10,000 positions that, as of September 30, 1994, were des14 ignated to be performed by members of the Armed Forces

15 on active duty to performance by employees of the Depart16 ment of Defense.

17 (b) PLAN.—Not later than March 31, 1995, the Sec18 retary of Defense shall submit to the Committees on Armed

19 Services of the Senate and House of Representatives a plan

20 for the implementation of subsection (a).

21 SEC. 374. USE OF SERVICE CONTRACT FUNDS FOR SEPARA22 TION INCENTIVE PROGRAMS FOR DEPART23 MENT OF DEFENSE EMPLOYEES.

24 During fiscal year 1995, any separation pay paid to

25 an employee of the Department of Defense pursuant to sec-
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1 tion 5597 of title 5, United States Code, or any other sepa2 ration incentive program shall be paid from funds appro3 priated to the Department of Defense for operation and

4 maintenance for the purpose of entering into service

5 contracts.

6 SEC. 375. NON-FEDERAL EMPLOYMENT INCENTIVE PILOT

7 PROGRAM.

8 (a) AUTHORITY.—The Secretary of Defense may estab9 lish a pilot program for employees (as defined in subsection

10 (g)) at military installations scheduled for closure or re11 alignment under which retraining and relocation incentives

12 may be paid to encourage non-Federal employers to hire

13 or retain such employees.

14 (b) RETRAINING INCENTIVE.—(1) As part of the pilot

15 program, the Secretary may enter into an agreement with

16 a non-Federal employer under which the non-Federal em17 ployer agrees to hire an employee for a mutually agreeable

18 salary for a minimum twelve-month period and to certify

19 to the Secretary the employer’s cost to train the employee.

20 (2) The Secretary shall pay a retraining incentive to

21 the non-Federal employer upon the employee’s completion

22 of employment for the twelve-month period referred to in

23 paragraph (1). The Secretary shall prorate the amount of

24 the retraining incentive paid to the non-Federal employer
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1 for an employee who does not complete such employment

2 for that twelve-month period.

3 (c) RELOCATION INCENTIVE.—An employee employed

4 by a non-Federal employer under the pilot program shall

5 be eligible to receive from the Secretary a relocation incen6 tive for such period of employment equal to the travel,

7 transportation, and subsistence expenses that would be au8 thorized to be paid to the employee under chapter 57 of title

9 5, United States Code (including the reimbursement pay10 ment authorized under section 5724b of such title) if the

11 employee were traveling on official business away from the

12 employee’s designated post of duty or away from the em13 ployee’s home or regular place of business during such pe14 riod.

15 (d) LIMITATIONS.—A military department or a De16 fense Agency may offer an incentive under the pilot pro17 gram only with the prior consent, or on the authority, of

18 the Secretary. Any such incentive may be paid for retrain19 ing, relocation, or a combination of retraining and reloca20 tion, except that the maximum amount that may be paid

21 to a non-Federal employer to hire an employee under the

22 pilot program may not exceed $10,000.

23 (e) DURATION.—The pilot program shall terminate not

24 later than September 30, 1999.

25 (f) DEFINITIONS.—In this section:
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1 (1) The term ‘‘employee’’ means an employee of

2 a military department or a Defense Agency, serving

3 under an appointment without time limitation, who

4 has been currently employed by the military depart5 ment or Defense Agency for a continuous period of at

6 least 12 months and who has been given specific no7 tice of separation by reduction in force, except that

8 such term does not include—

9 (A) a reemployed annuitant under sub10 chapter III of chapter 83 of title 5, United States

11 Code, chapter 84 of such title, or another retire12 ment system for employees of the Government;

13 (B) an employee who is subject to sub14 chapter III of chapter 83 of title 5, United States

15 Code, or chapter 84 of such title and who, at the

16 time of separation from service, has fulfilled the

17 requirements for immediate annuity under such

18 subchapter or chapter; or

19 (C) an employee having a disability on the

20 basis of which such employee is or would be eli21 gible for disability retirement under any of the

22 retirement systems referred to in subparagraph

23 (A).

24 (2) The term ‘‘non-Federal employer’’ means an

25 employer that is not the Federal Government.
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1 SEC. 376. UNIFORM HEALTH BENEFITS PROGRAM FOR EM2 PLOYEES OF THE DEPARTMENT OF DEFENSE

3 ASSIGNED TO NONAPPROPRIATED FUND IN4 STRUMENTALITIES.

5 (a) IN GENERAL.—Not later than October 1, 1995, the

6 Secretary of Defense shall take such steps as may be nec7 essary to provide a uniform health benefits program for em8 ployees of the Department of Defense assigned to a

9 nonappropriated fund instrumentality of the Department.

10 (b) REPORT.—The Secretary of Defense shall submit

11 a report on the implementation of subsection (a) to the

12 Committees on Armed Services of the Senate and House of

13 Representatives not later than March 15, 1995.

14 SEC. 377. OPERATION OF MILITARY EXCHANGE AND COM15 MISSARY STORE AT NAVAL AIR STATION

16 FORT WORTH, JOINT RESERVE CENTER,

17 CARSWELL FIELD.

18 The Secretary of Defense shall provide for the oper19 ation by the Army and Air Force Exchange Service, until

20 December 31, 1995, of any military exchange and com21 missary store located at the Naval Air Station Fort Worth,

22 Joint Reserve Center, Carswell Field.

23 SEC. 378. SHIPS’ STORES.

24 (a) EXTENSION OF DEADLINE FOR CONVERSION.—Sec25 tion 371(a) of the National Defense Authorization Act for

26 Fiscal Year 1994 (10 U.S.C. 7604 note) is amended by
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1 striking out ‘‘October 1, 1994’’ and inserting in lieu thereof

2 ‘‘October 1, 1995’’.

3 (b) MODIFICATION OF EFFECTIVE DATE.—Section

4 371(d) of such Act is amended by striking out ‘‘shall take

5 effect on the date on which the Secretary of the Navy com6 pletes the conversion referred to in subsection (a)’’ and in7 serting in lieu thereof ‘‘shall take effect on October 1, 1994’’.

8 SEC. 379. PROGRAM TO COMMEMORATE WORLD WAR II.

9 (a) EXTENSION.—Section 378 of the National Defense

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

11 484; 106 Stat. 2387) is amended by striking out ‘‘1995’’

12 in subsections (a) and (b) and inserting in lieu thereof

13 ‘‘1996’’.

14 (b) REIMBURSEMENT OF CERTAIN COSTS.—Such sec15 tion is further amended by adding at the end the following

16 new subsection:

17 ‘‘(g) REIMBURSEMENT FOR CERTAIN EXPENSES.—The

18 Secretary of Defense may provide for reimbursement of ex19 penses incurred by a person to provide for the participation

20 of the S.S. Jeremiah O’Brien in programs and activities

21 to commemorate the 50th anniversary of World War II.’’.

22 SEC. 380. ONE-YEAR EXTENSION OF CERTAIN PROGRAMS.

23 (a) DEMONSTRATION PROJECT FOR USE OF PRO24 CEEDS FROM THE SALE OF CERTAIN PROPERTY.—(1) Sec25 tion 343(d)(1) of the National Defense Authorization Act
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1 for Fiscal Years 1992 and 1993 (Public Law 102–190; 105

2 Stat. 1344) is amended by striking out ‘‘terminate on De3 cember 5, 1994’’ and inserting in lieu thereof ‘‘terminate

4 on December 5, 1995’’.

5 (2) Section 343(e) of such Act is amended by striking

6 out ‘‘February 3, 1995’’ and inserting in lieu thereof ‘‘Feb7 ruary 3, 1996’’.

8 (b) AUTHORITY FOR AVIATION DEPOTS AND NAVAL

9 SHIPYARDS TO ENGAGE IN DEFENSE-RELATED PRODUC10 TION AND SERVICES.—Section 1425(e) of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law

12 101–510; 104 Stat. 1684) is amended by striking out ‘‘Sep13 tember 30, 1994’’ and inserting in lieu thereof ‘‘September

14 30, 1995’’.

15 (c) AUTHORITY OF BASE COMMANDERS OVER CON16 TRACTING FOR COMMERCIAL ACTIVITIES.—Section 2468(f)

17 of title 10, United States Code, is amended by striking out

18 ‘‘September 30, 1994’’ and inserting in lieu thereof ‘‘Sep19 tember 30, 1995’’.

20 SEC. 381. CLARIFICATION AND CODIFICATION OF OVER21 SEAS MILITARY END STRENGTH LIMITATION.

22 (a) IN GENERAL.—(1) Chapter 3 of title 10, United

23 States Code, is amended by inserting after section 123a the

24 following new section:
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1 ‘‘§ 123b. Forces stationed abroad: limitation on num2 ber

3 ‘‘(a) END-STRENGTH LIMITATION.—No funds appro4 priated to the Department of Defense may be used to sup5 port a strength level of members of the armed forces assigned

6 to permanent duty ashore in nations outside the United

7 States at the end of any fiscal year at a level in excess of

8 200,000.

9 ‘‘(b) EXCEPTION FOR WARTIME.—Subsection (a) does

10 not apply in the event of a declaration of war or an armed

11 attack on any member nation of the North Atlantic Treaty

12 Organization, Japan, the Republic of Korea, or any other

13 ally of the United States.

14 ‘‘(c) PRESIDENTIAL WAIVER.—The President may

15 waive the operation of subsection (a) if the President de16 clares an emergency. The President shall immediately no17 tify Congress of any such waiver.’’.

18 (2) The table of sections at the beginning of such chap19 ter is amended by adding at the end the following new item:

‘‘123b. Forces stationed abroad: limitation on number.’’.

20 (b) EFFECTIVE DATE.—Section 123b of title 10, Unit21 ed States Code, as added by subsection (a), does not apply

22 with respect to a fiscal year before fiscal year 1996.

23 (c) CONFORMING REPEAL.—Section 1302 of the Na24 tional Defense Authorization Act for Fiscal Year 1993 (Pub25 lic Law 102–484; 106 Stat. 2545) is repealed.
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1 SEC. 382. AUTHORITY TO ISSUE MILITARY IDENTIFICATION

2 CARDS TO SO-CALLED HONORARY RETIREES

3 OF THE NAVAL AND MARINE CORPS RE4 SERVES.

5 (a) AUTHORITY.—The Secretary of the Navy may issue

6 a military identification card to a member of the Retired

7 Reserve described in subsection (b).

8 (b) COVERED MEMBERS.—A member of the Retired

9 Reserve referred to in subsection (a) is a member of the

10 Naval Reserve or Marine Corps Reserve who transferred to

11 the Retired Reserve under section 274(2) of title 10, United

12 States Code, without having completed the years of service

13 required under section 1331(a)(2) of such title for eligibility

14 for retired pay under chapter 67 of that title.

15 (c) EFFECT ON COMMISSARY AND EXCHANGE BENE16 FITS.—The issuance of a military identification card under

17 subsection (a) to a member of the Retired Reserve does not

18 confer eligibility for commissary and exchange benefits on

19 that member.

20 SEC. 383. MODIFICATION OF STATUTE OF LIMITATIONS FOR

21 CERTAIN CLAIMS FOR PERSONAL PROPERTY

22 DAMAGE OR LOSS.

23 (a) MODIFICATION.—Subsection (g) of section 3721 of

24 title 31, United States Code, is amended—

25 (1) by striking out ‘‘. However, if ’’ and inserting

26 in lieu thereof ‘‘, except that in the case of a member
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1 of the uniformed services, the claim must be presented

2 in writing within 1 year after the claim accrues. If ’’;

3 and

4 (2) in the second sentence, by inserting ‘‘(or, in

5 the case of a member of the uniformed services, within

6 1 year)’’ after ‘‘presented within 2 years’’.

7 (b) APPLICABILITY.—The amendment made by sub8 section (a) shall apply to a claim under section 3721 of

9 title 31, United States Code, that accrues on or after the

10 date of the enactment of this Act.

11 SEC. 384. OPERATION OF OVERSEAS FACILITIES OF THE DE12 PARTMENT OF DEFENSE BY UNITED STATES

13 FIRMS.

14 (a) OPERATION OF FACILITIES.—(1) Subchapter V of

15 chapter 148 of title 10, United States Code, is amended by

16 adding at the end the following new section:

17 ‘‘§ 2542. Operation of overseas facilities of the Depart18 ment of Defense by United States firms

19 ‘‘(a) OPERATION OF OVERSEAS FACILITIES.—A con20 tract to operate a Department of Defense facility not in

21 the United States (or its territories or possessions) for the

22 production or distribution of subsistence items may be

23 awarded only to a United States firm. The facility shall

24 be operated in accordance with Federal law governing the

25 production or distribution of such items.
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1 ‘‘(b) DEFINITION.—In this section, the term ‘United

2 States firm’ has the meaning given such term in section

3 2532(d)(1) of this title.’’.

4 (2) The table of sections at the beginning of such sub5 chapter is amended by adding at the end the following new

6 item:

‘‘2542. Operation of overseas facilities of the Department of Defense by United

States firms.’’.

7 (b) EFFECTIVE DATE.—Section 2542 of title 10, Unit8 ed States Code, as added by subsection (a), shall apply with

9 respect to solicitations issued, contracts awarded or ex10 tended, or subcontracts approved, after January 1, 1995.

11 SEC. 385. EXCLUSION OF CERTAIN TROOPS IN CALCULA12 TION OF AUTHORIZED END STRENGTH FOR

13 MILITARY PERSONNEL IN EUROPE.

14 Subsection (c)(1) of section 1002 of the Department of

15 Defense Authorization Act, 1985 (22 U.S.C. 1928 note), is

16 amended by adding at the end the following: ‘‘For purposes

17 of this paragraph, members of the Armed Forces of the

18 United States assigned to permanent duty ashore in Ice19 land, Greenland, and the Azores are excluded in calculating

20 the end strength level of members of the Armed Forces as21 signed to permanent duty ashore in European member na22 tions of NATO.’’.
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1 SEC. 386. AUTHORITY TO TRANSFER CERTAIN EXCESS

2 PROPERTY TO EDUCATIONAL INSTITUTIONS

3 AND TRAINING SCHOOLS.

4 Notwithstanding title II of the Federal Property and

5 Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)

6 and any other provision of law, the Secretary of Defense

7 may, until January 1, 1997, authorize the transfer, on a

8 nonreimbursable basis, of any property described in section

9 2535 of title 10, United States Code, to any nonprofit edu10 cational institution or training school whenever the pro11 gram proposed by such institution or school for the use of

12 such property is in the public interest.

13 SEC. 387. PRIORITY TO STATES FOR THE TRANSFER OF

14 NONLETHAL EXCESS SUPPLIES OF THE DE15 PARTMENT OF DEFENSE.

16 Section 2547 of title 10, United States Code, is amend17 ed—

18 (1) in subsection (a), by striking out ‘‘The Sec19 retary of Defense’’ and inserting in lieu thereof ‘‘Sub20 ject to subsection (d), the Secretary of Defense’’;

21 (2) by redesignating subsection (d) as subsection

22 (e); and

23 (3) by inserting after subsection (c) the following

24 new subsection (d):

25 ‘‘(d) Nonlethal excess supplies of the Department of De26 fense shall be made available to a State, a local government
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1 of a State, a Territory, or a possession, upon the request

2 of the State, local government, Territory, or possession pur3 suant to authority provided in another provision of law,

4 before such supplies are made available for humanitarian

5 relief purposes under this section. The President may make

6 such supplies available for humanitarian purposes before

7 such supplies are made available to a State, local govern8 ment, Territory, or possession under this subsection in order

9 to respond to an emergency for which such supplies are es10 pecially suited.’’.

11 TITLE IV—MILITARY PERSONNEL

12 AUTHORIZATIONS

13 Subtitle A—Active Forces

14 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

15 The Armed Forces are authorized strengths for active

16 duty personnel as of September 30, 1995, as follows:

17 (1) The Army, 510,000.

18 (2) The Navy, 441,641.

19 (3) The Marine Corps, 174,000.

20 (4) The Air Force, 400,051.

21 SEC. 402. LIMITATION ON DEPLOYMENT OF DIVISIONS CON22 STITUTING ARMY CONTINGENCY FORCE.

23 (a) IN GENERAL.—Whenever practicable, in assigning

24 forces of the Army for operations other than war, the Presi25 dent shall seek to use elements of divisions that are not part
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1 of the contingency force, and the President may not at any

2 one time use elements of more than one division of the con3 tingency force for such operations (except for domestic hu4 manitarian or disaster relief missions) unless elements of

5 all divisions that are not part of the contingency force are

6 currently deployed for such operations.

7 (b) CONTINGENCY FORCE DEFINED.—For purposes of

8 this section, the term ‘‘contingency force’’ means the set of

9 four or five Army divisions that is designated as the Army

10 contingency force by the Secretary of the Army, such force

11 consisting of those divisions that are assigned to be the ini12 tial Army divisions to be deployed to respond to a regional

13 conflict.

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 com18 ponents 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, 100,710.

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 (a)

5 by not more than 2 percent.

6 (c) ADJUSTMENTS.—The end strengths prescribed by

7 subsection (a) for the Selected Reserve of any reserve compo8 nent shall be reduced proportionately by—

9 (1) the total authorized strength of units orga10 nized to serve as units of the Selected Reserve of such

11 component which are on active duty (other than for

12 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 Re22 serve of such reserve component shall be increased propor23 tionately by the total authorized strengths of such units and

24 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 411(a),

4 the reserve components of the Armed Forces are authorized,

5 as of September 30, 1995, the following number of Reserves

6 to be serving on full-time active duty or, in the case of mem7 bers of the National Guard, full-time National Guard duty

8 for the purpose of organizing, administering, recruiting, in9 structing, or training the reserve components:

10 (1) The Army National Guard of the United

11 States, 23,650.

12 (2) The Army Reserve, 11,940.

13 (3) The Naval Reserve, 17,510.

14 (4) The Marine Corps Reserve, 2,285.

15 (5) The Air National Guard of the United

16 States, 9,098.

17 (6) The Air Force Reserve, 648.

18 SEC. 413. ACTIVE COMPONENT MEMBERS TO BE ASSIGNED

19 FOR TRAINING COMPATIBILTY WITH GUARD

20 UNITS.

21 Section 414(c) of the National Defense Authorization

22 Act for Fiscal Years 1992 and 1993 (10 U.S.C. 261 note)

23 is amended by striking out ‘‘September 30, 1994’’ and in24 serting in lieu thereof ‘‘September 30, 1996’’.
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1 Subtitle C—Military Training

2 Student Loads

3 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

4 (a) IN GENERAL.—For fiscal year 1995, the Armed

5 Forces are authorized average military training student

6 loads as follows:

7 (1) The Army, 69,420.

8 (2) The Navy, 43,064.

9 (3) The Marine Corps, 25,377.

10 (4) The Air Force, 36,840.

11 (b) SCOPE.—The average military training student

12 load authorized for an armed force under subsection (a) ap13 plies to the active and reserve components of that armed

14 force.

15 (c) ADJUSTMENTS.—The average military training

16 student loads authorized in subsection (a) shall be adjusted

17 consistent with the end strengths authorized in subtitles A

18 and B. The Secretary of Defense shall prescribe the manner

19 in which such adjustments shall be apportioned.

20 Subtitle D—Authorization of

21 Appropriations

22 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI23 TARY PERSONNEL.

24 There is hereby authorized to be appropriated to the

25 Department of Defense for military personnel for fiscal year
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1 1995 a total of $71,086,397,000. The authorization in the

2 preceding sentence supersedes any other authorization of

3 appropriations (definite or indefinite) for such purpose for

4 fiscal year 1995.

5 TITLE V—MILITARY PERSONNEL

6 POLICY

7 Subtitle A—Officer Personnel Policy

8 SEC. 501. AUTHORITY FOR OFFICERS TO SERVE ON SUCCES9 SIVE PROMOTION BOARDS.

10 Section 612(b) of title 10, United States Code, is

11 amended—

12 (1) by striking out ‘‘No officer may be’’ and in13 serting in lieu thereof ‘‘(1) Except as provided in

14 paragraph (2), an officer may not be’’; and

15 (2) by adding at the end the following:

16 ‘‘(2) With the approval of the Secretary of the military

17 department concerned, an officer may serve as a member

18 on successive consideration of officers of the same competi19 tive category and grade if the second board does not con20 sider the same officer or officers as the first board.’’.

21 SEC. 502. ARMY FIELD GRADE OFFICER STRENGTH LIMITA22 TIONS.

23 (a) REVISIONS TO AUTHORIZED ACTIVE DUTY NUM24 BERS.—The table in section 523(a)(1) of title 10, United

25 States Code, is amended by striking out all of the table
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1 preceding ‘‘Air Force:’’ and inserting in lieu thereof the

2 following:

‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:

Number of officers who may be serving on

active duty in the grade of:

Major Lieutenant

colonel Colonel

‘‘Army:

60,000 ............................................... 12,380 8,361 3,080

65,000 ............................................... 13,071 8,750 3,264

70,000 ............................................... 13,763 9,138 3,447

75,000 ............................................... 14,454 9,527 3,631

80,000 ............................................... 15,146 9,915 3,814

85,000 ............................................... 15,837 10,304 3,997

90,000 ............................................... 16,529 10,692 4,181

95,000 ............................................... 17,220 11,081 4,364

100,000 ............................................. 17,912 11,469 4,548

110,000 ............................................. 19,295 12,246 4,915

120,000 ............................................. 20,678 13,023 5,281

130,000 ............................................. 22,061 13,800 5,648

170,000 ............................................. 27,593 16,908 7,116’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on October 1, 1994.

5 SEC. 503. TECHNICAL CHANGES TO PROVISIONS ENACTED

6 BY WARRANT OFFICER MANAGEMENT ACT.

7 Chapter 33A of title 10, United States Code, is amend8 ed—

9 (1) in section 578, by adding at the end the fol10 lowing new subsections:

11 ‘‘(e) An officer who is appointed to a higher grade

12 under this section is considered to have accepted such ap13 pointment on the date on which the appointment is made

14 unless the officer expressly declines the appointment.
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1 ‘‘(f) An officer who has served continuously since the

2 officer subscribed to the oath of office prescribed in section

3 3331 of title 5 is not required to take a new oath upon

4 appointment to a higher grade under this section.’’;

5 (2) in sections 573(a)(2) and 574(e), by striking

6 out ‘‘on active duty’’;

7 (3) in section 575(d), by inserting before the pe8 riod at the end ‘‘, except for those officers precluded

9 from consideration under regulations prescribed by

10 the Secretary concerned under section 577 of this

11 title’’;

12 (4) in section 576(f)(1), by striking out the last

13 sentence; and

14 (5) in section 582(2), by inserting before the pe15 riod at the end ‘‘(except those retired warrant officers

16 who were recalled to active duty before February 1,

17 1992)’’.

18 SEC. 504. NAVY AND MARINE CORPS LIMITED DUTY OFFI19 CERS.

20 Section 5589 of title 10, United States Code, is amend21 ed—

22 (1) by redesignating subsections (c) through (f)

23 as subsections (d) through (g), respectively; and

24 (2) by inserting after subsection (b) the following

25 subsection:
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1 ‘‘(c) An officer designated for limited duty who is serv2 ing on active duty pursuant to a temporary appointment

3 under section 5596 of this title may be given an original

4 appointment under this section with the same grade and

5 date of rank as the officer held pursuant to the temporary

6 appointment.’’.

7 SEC. 505. RETIREMENT OR ENLISTMENT OF CERTAIN LIM8 ITED DUTY OFFICERS OF THE NAVY AND MA9 RINE CORPS.

10 Section 6383 of title 10, United States Code, is amend11 ed—

12 (1) in subsections (a)(1), (a)(2), (a)(3), (a)(4),

13 (b), and (d), by striking out ‘‘Except as provided in

14 subsection (i),’’ and inserting in lieu thereof ‘‘Except

15 as provided in subsections (f) and (h),’’;

16 (2) by striking out subsection (f) and inserting

17 in lieu thereof the following:

18 ‘‘(f)(1) An officer subject to discharge under subsection

19 (b), (d), or (e) who is not eligible for retirement and to

20 whom paragraph (2) does not apply may, upon the officer’s

21 request and in the discretion of the Secretary of the Navy,

22 be enlisted in the grade prescribed by the Secretary.

23 ‘‘(2) If an officer subject to discharge under subsection

24 (b) or (d) is, on the date on which the officer is to be dis25 charged, within two years of qualifying for retirement
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1 under section 6323 of this title, the officer shall be retained

2 on active duty until qualified for retirement and shall then

3 be retired under that section, unless the officer is sooner re4 tired or discharged under another provision of law.’’;

5 (3) by striking out subsection (g);

6 (4) by redesignating subsections (h), (i), and (j)

7 as subsections (g), (h), and (i) respectively; and

8 (5) in subsection (h) (as so redesignated), by

9 striking out ‘‘or the discharge under subsection (d)’’

10 and inserting in lieu thereof ‘‘or the discharge under

11 subsection (b) or (d)’’.

12 SEC. 506. TEMPORARY EXCLUSION OF SUPERINTENDENT

13 OF NAVAL ACADEMY FROM COUNTING TO14 WARD NUMBER OF SENIOR ADMIRALS AU15 THORIZED TO BE ON ACTIVE DUTY.

16 (a) GRADE RELIEF.—If the next officer appointed to

17 serve as Superintendent of the United States Naval Acad18 emy after April 1, 1994, is an officer described in subsection

19 (b), that officer, while so serving, shall not be counted for

20 purposes of the limitations contained in section 525(b)(2)

21 of title 10, United States Code.

22 (b) QUALIFYING OFFICER.—Subsection (a) applies in

23 the case of a retired officer who—

24 (1) holds the grade of admiral on the retired list;
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1 (2) is ordered to active duty pursuant to section

2 688 of title 10, United States Code, to serve as Super3 intendent of the United States Naval Academy; and

4 (3) is appointed pursuant to section 601 of that

5 title to have the grade of admiral while serving on ac6 tive duty in that position.

7 SEC. 507. GRADE OF HEADS OF CERTAIN PROFESSIONAL

8 MILITARY EDUCATION SCHOOLS.

9 (a) NATIONAL DEFENSE UNIVERSITY.—The president

10 of the National Defense University, if a member of the

11 Armed Forces on active duty, has the grade of lieutenant

12 general or vice admiral while so serving, if appointed to

13 that grade for service in that position.

14 (b) COMPONENT SCHOOLS OF NDU.—The com15 mandant of each of the following Department of Defense

16 schools shall be selected from among officers on the active17 duty list who have the grade of major general or rear

18 admiral:

19 (1) The National War College.

20 (2) The Industrial College of the Armed Forces.

21 (3) The Armed Forces Staff College.

22 (c) SERVICE SCHOOLS.—The following positions may

23 be held only by officers on the active-duty list serving in

24 the grade of major general or rear admiral or a higher

25 grade:
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1 (1) The commandant of the Army War College.

2 (2) The president of the Naval War College.

3 (3) The commandant of the Air University.

4 Subtitle B—Reserve Component

5 Matters

6 SEC. 511. SELECTED RESERVE ACTIVATION AUTHORITY.

7 (a) ENHANCED ACTIVATION AUTHORITY.—Subsection

8 (a) of section 673b of title 10, United States Code, is amend9 ed to read as follows:

10 ‘‘(a)(1) If the President determines that augmentation

11 of the active forces is necessary for an operational mission,

12 the President may provide Reserve activation authority.

13 The period for which a unit or member is ordered to active

14 duty pursuant to Reserve activation authority provided

15 under this paragraph may not be more than 180 days (and

16 is subject to extension under subsection (i)).

17 ‘‘(2) If the President determines that augmentation of

18 the active forces may be necessary for an operational mis19 sion that the President authorizes to be carried out, the

20 President may, on or after the date on which the President

21 authorizes that mission to be carried out, provide Reserve

22 activation authority with respect to a total of not more than

23 25,000 members of the Selected Reserve. The period for

24 which a unit or member is ordered to active duty pursuant
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1 to Reserve activation authority provided under this para2 graph may not be more than 90 days.

3 ‘‘(3) The term ‘Reserve activation authority’ means

4 authority provided by the President to the Secretary of De5 fense and the Secretary of Transportation with respect to

6 the Coast Guard when it is not operating as a service of

7 the Navy to order to active duty (other than for training)

8 without the consent of the members concerned (A) any unit

9 of the Selected Reserve, and (B) any member of the Selected

10 Reserve not assigned to a unit organized to serve as a unit.

11 ‘‘(4) This section applies notwithstanding the provi12 sions of section 673(a) of this title or any other provision

13 of law.’’.

14 (b) PERIOD OF EXTENSION OF ACTIVE DUTY.—Sub15 section (i) of such section is amended in the first sentence—

16 (1) by striking out ‘‘is ordered to active duty

17 under this section’’ and inserting in lieu thereof ‘‘is

18 ordered to active duty under authority provided

19 under subsection (a)(1)’’; and

20 (2) by striking out ‘‘90 additional days’’ and in21 serting in lieu thereof ‘‘180 additional days’’.

22 (c) CONFORMING AMENDMENT CONCERNING NOTICE

23 TO CONGRESS OF USE OF ACTIVATION AUTHORITY.—Sub24 section (f) of such section is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(2) Whenever a unit or member of the Selected Re3 serve is ordered to active duty under authority provided

4 under subsection (a)(2), the Secretary of Defense or the Sec5 retary of Transportation, as the case may be, shall submit,

6 within 24 hours after issuing such order, a report to Con7 gress, in writing, setting forth the circumstances necessitat8 ing the action taken and describing the anticipated use of

9 the units or members ordered to active duty.’’.

10 SEC. 512. RESERVE GENERAL AND FLAG OFFICERS ON AC11 TIVE DUTY.

12 (a) IN GENERAL.—Section 526 of title 10, United

13 States Code, is amended by adding at the end the following:

14 ‘‘(d)(1) Within the numbers authorized under sub15 sections (a) and (b), there shall be, at a minimum, the fol16 lowing Reserve general and flag officers serving in the Na17 tional Guard Bureau, the Office of a Chief of a reserve com18 ponent, or the headquarters of a reserve component com19 mand:

Army National Guard of the United

States ............................................................ 3 general officers.

Army Reserve ................................................... 3 general officers.

Naval Reserve ................................................... 3 flag officers.

Air National Guard of the United States ...... 3 general officers.

Air Force Reserve ............................................. 3 general officers.

20 ‘‘(2) Within the numbers authorized under subsections

21 (a) and (b), there shall be (in addition to the officers speci22 fied in paragraph (1)) a Reserve general or flag officer who
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1 is assigned as the Military Executive to the Reserve Forces

2 Policy Board.

3 ‘‘(e) The limitation of this section does not apply to

4 a reserve general or flag officer who is on active duty for

5 training or who is on active duty under a call or order

6 specifying a period of less than 180 days.’’.

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect at the end of the 90-day period

9 beginning on the date of the enactment of this Act.

10 SEC. 513. DEFINITION OF ACTIVE GUARD AND RESERVE

11 DUTY.

12 Section 101(d) of title 10, United States Code, is

13 amended by adding at the end the following new paragraph:

14 ‘‘(7)(A) The term ‘active Guard and Reserve

15 duty’ means active duty or full-time National Guard

16 duty performed by a member of a reserve component

17 of the Army, Navy, Air Force, or Marine Corps or of

18 the National Guard pursuant to an order to active

19 duty or full-time National Guard duty for a period

20 of more than 180 consecutive days for the purpose of

21 organizing, administering, recruiting, instructing, or

22 training the reserve components.

23 ‘‘(B) Such term does not include the following:
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1 ‘‘(i) Duty performed as a member of the Re2 serve Forces Policy Board provided for under

3 section 175 of this title.

4 ‘‘(ii) Duty performed as a property and fis5 cal officer under section 708 of title 32.

6 ‘‘(iii) Duty performed in connection with

7 drug interdiction and counter-drug activities

8 under section 112 of title 32.

9 ‘‘(iv) Duty performed as a general or flag

10 officer.

11 ‘‘(v) Service as a State director of the Selec12 tive Service System under section 10(b)(2) of the

13 Military Selective Service Act (50 U.S.C. App.

14 460(b)(2)).’’.

15 SEC. 514. REPEAL OF OBSOLETE PROVISIONS PERTAINING

16 TO TRANSFER OF REGULAR ENLISTED MEM17 BERS TO THE RETIRED RESERVE.

18 (a) ARMY.—Section 3914 of title 10, United States

19 Code, is amended by striking out the second and third

20 sentences.

21 (b) AIR FORCE.—Section 8914 of such title, is amend22 ed by striking out the second and third sentences.
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1 SEC. 515. GUARD AND RESERVE TRANSITION INITIATIVES.

2 (a) Section 1331a(c) of title 10, United States Code,

3 is amended by adding at the end the following new para4 graph:

5 ‘‘(3) Notwithstanding the provisions of section 4415(2)

6 of the National Defense Authorization Act for Fiscal Year

7 1993 (Public Law 102–484; 106 Stat. 2714), the Secretary

8 concerned may, consistent with the other provisions of this

9 section, provide the notification required by section 1331(d)

10 of this title to a member who no longer meets the qualifica11 tions for membership in the Selected Reserve solely because

12 the member is unfit because of physical disability. Such no13 tification may not be made if the disability is the result

14 of the member’s intentional misconduct, willful neglect, or

15 willful failure to comply with standards and qualifications

16 for retention established by the Secretary concerned or was

17 incurred during a period of unauthorized absence.’’.

18 (b) Section 4416 of the National Defense Authorization

19 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

20 2714) is amended—

21 (1) by striking out subsection (d) and inserting

22 in lieu thereof the following:

23 ‘‘(d) ANNUAL PAYMENT PERIOD.—An annual pay24 ment granted to a member under this section shall be paid

25 for the number of years specified by the Secretary con26 cerned. Such number shall be one or more but not more
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1 than five, except that the entitlement to the annual payment

2 shall terminate on the member’s 60th birthday.’’;

3 (2) by adding at the end of subsection (e) the fol4 lowing new paragraph:

5 ‘‘(3) In the case of a member who will attain 60 years

6 of age during the 12-month period following the date on

7 which an annual payment is due, the payment shall be paid

8 on a prorated basis of one-twelfth of the annual payment

9 for each full month between the date on which the payment

10 is due and the date on which the member attains age 60.’’;

11 and

12 (3) by adding at the end the following new sub13 section:

14 ‘‘(i) COORDINATION WITH RETIRED PAY.—A member

15 who has received one or more annual payments under this

16 section shall, upon entitlement to retired pay under chapter

17 67 of this title, have deducted from each payment of such

18 retired pay 50 percent of such payment until the total

19 amount deducted is equal to the total amount of payments

20 received under this section.’’.

21 SEC. 516. SEMIANNUAL REPORT ON SEPARATIONS OF AC22 TIVE ARMY OFFICERS.

23 Section 1111 of the Army National Guard Combat

24 Readiness Reform Act of 1992 (title XI of Public Law 102–
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1 484; 106 Stat. 2536) is amended by adding at the end the

2 following new subsection:

3 ‘‘(e) On a semiannual basis, the Secretary of the Army

4 shall furnish to the Chief of the National Guard Bureau

5 a list containing the name, home of record, and last-known

6 mailing address of each officer of the Army who during the

7 previous six months was honorably separated from active

8 service in the grade of major or below.’’.

9 Subtitle C—Other Matters

10 SEC. 521. REPEAL OF REQUIRED REDUCTION IN RECRUIT11 ING PERSONNEL.

12 Section 431 of the National Defense Authorization Act

13 for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2400)

14 is repealed.

15 SEC. 522. COAST GUARD FORCE REDUCTION TRANSITION

16 BENEFITS.

17 (a) INVOLUNTARY SEPARATION BENEFITS AND SERV18 ICES.—Chapter 58 of title 10, United States Code, is

19 amended as follows:

20 (1) Section 1141 is amended in the matter pre21 ceding paragraph (1)—

22 (A) by striking out ‘‘Army, Navy, Air

23 Force, or Marine Corps’’ and inserting in lieu

24 thereof ‘‘armed forces’’; and
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1 (B) by striking out ‘‘or on or after the date

2 of the enactment of the National Defense Author3 ization Act for Fiscal Year 1994’’ and inserting

4 in lieu thereof ‘‘or after November 29, 1993, or,

5 with respect to a member of the Coast Guard, if

6 the member was on active duty in the Coast

7 Guard after September 30, 1994,’’.

8 (2) Section 1143 is amended—

9 (A) in the heading, by striking out ‘‘: De10 partment of Defense’’;

11 (B) in subsection (a), by inserting ‘‘and the

12 Secretary of Transportation with respect to the

13 Coast Guard’’ after ‘‘Secretary of Defense’’ and

14 by striking out ‘‘under the jurisdiction of the

15 Secretary’’;

16 (C) in subsection (b), by adding at the end

17 the following new sentence: ‘‘The Secretary of

18 Transportation shall establish permanent em19 ployment assistance centers at appropriate Coast

20 Guard installations.’’;

21 (D) in subsection (c), by inserting ‘‘and the

22 Secretary of Transportation’’ after ‘‘Secretary of

23 Defense’’; and

24 (E) in subsection (d), by adding at the end

25 the following new sentence: ‘‘The Secretary of
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1 Transportation shall provide the same preference

2 in hiring to involuntarily separated members of

3 the Coast Guard, and the dependents of such

4 members, in Coast Guard nonappropriated fund

5 instrumentalities.’’.

6 (3) Section 1143a is amended—

7 (A) in the heading by striking out ‘‘: De8 partment of Defense’’; and

9 (B) by adding at the end the following new

10 subsection:

11 ‘‘(h) This section shall apply to the Coast Guard in

12 the same manner and to the same extent as it applies to

13 the Department of Defense. The Secretary of Transportation

14 shall implement the requirements of this section for the

15 Coast Guard.’’.

16 (4) Section 1145 is amended by adding at the

17 end the following new subsection:

18 ‘‘(e) The provisions of this section shall apply to mem19 bers of the Coast Guard (and their dependents) involuntar20 ily separated from active duty during the five-year period

21 beginning on October 1, 1994. The Secretary of Transpor22 tation shall implement this section for the Coast Guard.’’.

23 (5) Section 1146 is amended by adding at the

24 end the following new sentence: ‘‘The Secretary of

25 Transportation shall implement this provision for
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1 Coast Guard members involuntarily separated during

2 the five-year period beginning October 1, 1994.’’.

3 (6) Section 1147(a) is amended—

4 (A) by inserting ‘‘(1)’’ before ‘‘The Sec5 retary of a military department’’; and

6 (B) by adding at the end the following new

7 paragraph:

8 ‘‘(2) The Secretary of Transportation may prescribe

9 regulations to permit members of the Coast Guard who are

10 involuntarily separated during the five-year period begin11 ning October 1, 1994, to continue for not more than 180

12 days after the date of such separation to reside (along with

13 others of the member’s household) in military family hous14 ing provided or leased by the Coast Guard to the individual

15 as a member of the armed forces.’’.

16 (7) Section 1148 is amended by inserting ‘‘and

17 the Secretary of Transportation’’ after ‘‘Secretary of

18 Defense’’.

19 (8) Section 1149 is amended—

20 (A) by inserting ‘‘or the Secretary of Trans21 portation with respect to the Coast Guard’’ after

22 ‘‘Secretary of Defense’’; and

23 (B) by striking out ‘‘of the military depart24 ment’’.
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1 (9) Section 1150 is amended by adding at the

2 end the following new subsection:

3 ‘‘(c) COAST GUARD.—This section shall apply to the

4 Coast Guard in the same manner and to the same extent

5 as it applies to the Department of Defense. The Secretary

6 of Transportation shall prescribe regulations to implement

7 this section for the Coast Guard.’’.

8 (10) The table of sections at the beginning of the

9 chapter is amended by striking out ‘‘: Department of

10 Defense’’ in the items relating to section 1143 and

11 1143a.

12 (b) SPECIAL SEPARATION BENEFIT.—Section 1174a of

13 title 10, United States Code, is amended—

14 (1) in subsection (a), by striking out ‘‘of each

15 military department’’ and inserting in lieu thereof

16 ‘‘concerned’’;

17 (2) in subsection (d), by striking out ‘‘of a mili18 tary department’’ and inserting in lieu thereof

19 ‘‘concerned’’;

20 (3) in subsection (e)(3), by striking out ‘‘of the

21 military department’’; and

22 (4) in subsection (h), by striking out ‘‘of a mili23 tary department’’ and inserting in lieu thereof

24 ‘‘concerned’’.
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1 (c) VOLUNTARY SEPARATION INCENTIVE.—Section

2 1175 of title 10, United States Code, is amended—

3 (1) in subsections (a) and (b), by inserting ‘‘and

4 the Secretary of Transportation’’ after ‘‘Secretary of

5 Defense’’;

6 (2) in subsection (c), by striking out ‘‘of the

7 military department’’;

8 (3) in subsection (g), by inserting ‘‘and the De9 partment of Transportation for the Coast Guard’’ be10 fore the period at the end;

11 (4) in subsection (h)(3), by inserting ‘‘except for

12 payments to members of the Coast Guard’’ after

13 ‘‘under this section’’; and

14 (5) in subsection (i), by inserting ‘‘and the

15 Secretary of Transportation’’ after ‘‘Secretary of

16 Defense’’.

17 (d) TEMPORARY EARLY RETIREMENT AUTHORITY.—

18 Section 4403 of the Defense Authorization Act for Fiscal

19 Year 1993 (Public Law 102–484, 106 Stat. 2702, 10 U.S.C.

20 1293 note) shall apply to the Coast Guard in the same man21 ner and to the same extent as that provision applies to the

22 Department of Defense. The Secretary of Transportation

23 shall implement the provisions of that section with respect

24 to the Coast Guard and apply the applicable provisions of
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1 title 14, United States Code, relating to retirement of Coast

2 Guard personnel.

3 (e) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall apply only to members

5 of the Coast Guard who are involuntarily separated after

6 September 30, 1994.

7 SEC. 523. EXTENSION OF WARRANT OFFICER MANAGEMENT

8 ACT TO COAST GUARD.

9 (a) ESTABLISHMENT OF PERMANENT GRADE OF

10 CHIEF WARRANT OFFICER, W–5.—(1) The grade of chief

11 warrant officer, W–5, is hereby established in the Coast

12 Guard.

13 (2) Section 571(a) of title 10, United States Code, is

14 amended by striking out ‘‘Army, Navy, Air Force, and Ma15 rine Corps’’ and inserting in lieu thereof ‘‘armed forces’’.

16 (b) EXTENSION OF WARRANT OFFICER MANAGEMENT

17 ACT PROVISIONS TO COAST GUARD WARRANT OFFICERS.—

18 Chapter 33A of title 10, United States Code, is amended

19 as follows:

20 (1) Section 573(a) is amended—

21 (A) by striking out ‘‘Secretary of a military

22 department’’ in paragraph (1) and inserting in

23 lieu thereof ‘‘Secretary concerned’’; and

24 (B) by striking out ‘‘of the military depart25 ment’’ in paragraph (2).
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1 (2) Section 574 is amended by striking out ‘‘Sec2 retary of each military department’’ in subsections

3 (a) and (b) and inserting in lieu thereof ‘‘Secretary

4 concerned’’.

5 (3) Section 575(b)(2) is amended by inserting

6 ‘‘and the Secretary of Transportation, when the Coast

7 Guard is not operating as a service in the Navy,’’

8 after ‘‘Secretary of Defense’’.

9 (4) Section 576 is amended—

10 (A) in subsection (a), by striking out ‘‘of the

11 military department’’ in the matter preceding

12 paragraph (1);

13 (B) in subsection (e), by striking out ‘‘of the

14 military department’’; and

15 (C) in subsection (f)(2), by striking out ‘‘of

16 the military department’’.

17 (5) Section 580 is amended—

18 (A) in subsection (a)(4)(B), by inserting ‘‘,

19 or severance pay computed under section 286a of

20 title 14, as appropriate,’’ after ‘‘section 1174 of

21 this title’’; and

22 (B) in subsection (e)(6), by inserting ‘‘and

23 the Secretary of Transportation when the Coast

24 Guard is not operating as a service in the

25 Navy,’’ after ‘‘Secretary of Defense’’.
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1 (6) Section 581(a) is amended by striking out

2 ‘‘in the Army, Navy, Air Force, or Marine Corps’’.

3 (c) TRANSITION FOR CERTAIN REGULAR WARRANT

4 OFFICERS SERVING IN A HIGHER TEMPORARY GRADE

5 BELOW CHIEF WARRANT OFFICER, W–5.—(1) A regular

6 warrant officer of the Coast Guard who on the effective date

7 of this section is on active duty and—

8 (A) is serving in a temporary grade below chief

9 warrant officer, W–5, that is higher than that war10 rant officer’s permanent grade;

11 (B) is on a list of officers recommended for pro12 motion to a temporary grade below chief warrant offi13 cer W–5; or

14 (C) is on a list of officers recommended for pro15 motion to a permanent grade higher than the grade

16 in which that warrant officer is serving;

17 shall be considered to have been recommended by a board

18 convened under section 573 of title 10, United States Code,

19 as amended by this subsection (b), for promotion to the per20 manent grade equivalent to the grade in which that war21 rant officer is serving or for which that warrant officer has

22 been recommended for promotion, as the case may be.

23 (2) An officer referred to in subparagraph (A) of para24 graph (1) who is not promoted to the grade to which that

25 warrant officer is considered under such subsection to have
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1 been recommended for promotion because that officer’s name

2 is removed from a list of officers who are considered under

3 such paragraph to have been recommended for promotion

4 shall be considered by a board convened under section 573

5 of title 10, United States Code, as amended by subsection

6 (b), for promotion to the permanent grade equivalent to the

7 temporary grade in which that warrant officer was serving

8 on the effective date of this section as if that warrant officer

9 were serving in the permanent grade.

10 (3) The date of rank of an officer referred to in para11 graph (1)(A) who is promoted to the grade in which that

12 warrant officer is serving on the effective date of this section

13 is the date of that officer’s temporary appointment in that

14 grade.

15 (d) TRANSITION FOR CERTAIN RESERVE WARRANT

16 OFFICERS SERVING IN A HIGHER TEMPORARY GRADE

17 BELOW CHIEF WARRANT OFFICER, W–5.—(1)(A) Except

18 as provided in paragraph (2), a reserve warrant officer of

19 the Coast Guard who on the effective date of this section

20 is subject to placement on the warrant officer active-duty

21 list and who—

22 (i) is serving in a temporary grade below chief

23 warrant officer, W–5, that is higher than that war24 rant officer’s permanent grade; or
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1 (ii) is on a list of warrant officers recommended

2 for promotion to a temporary grade below chief war3 rant officer, W–5, that is the same as or higher than

4 that warrant officer’s permanent grade;

5 shall be considered to have been recommended by a board

6 convened under section 598 of title 10, United States Code,

7 for promotion to the permanent grade equivalent to the

8 grade in which the warrant officer is serving or for which

9 that warrant officer has been recommended for promotion,

10 as the case may be.

11 (B) The date of rank of a warrant officer referred to

12 in subparagraph (A)(i) who is promoted to the grade in

13 which that warrant officer is considered under such sub14 paragraph to have been recommended for promotion is the

15 date of the temporary appointment of that warrant officer

16 in that grade.

17 (2) A reserve warrant officer of the Coast Guard who

18 on the effective date of this section—

19 (A) is subject to placement on the warrant officer

20 active-duty list;

21 (B) is serving on active duty in a temporary

22 grade; and

23 (C) holds a permanent grade higher than the

24 temporary grade in which that warrant officer is

25 serving;
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1 shall while continuing on active duty retain such tem2 porary grade and shall be considered for promotion to a

3 grade equal to or lower than the permanent grade as if such

4 temporary grade is a permanent grade. If such warrant of5 ficer is recommended for promotion, the appointment of

6 that warrant officer to such grade shall be a temporary

7 appointment.

8 (e) RANK OF COAST GUARD WARRANT OFFICERS.—

9 (1) Subchapter A of chapter 11 of title 14, United States

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

11 section:

12 ‘‘§ 215. Rank of warrant officers

13 ‘‘(a) Among warrant officer grades, warrant officers

14 of a higher numerical designation are senior to warrant

15 officer grades of a lower numerical designation.

16 ‘‘(b) Warrant officers shall take precedence in the grade

17 to which appointed in accordance with the dates of their

18 commissions as commissioned officers in the Coast Guard

19 in such grade. Precedence among warrant officers of the

20 same grade who have the same date of commission shall

21 be determined by regulations prescribed by the Secretary.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by inserting after the item relating to section

24 214 the following new item:

‘‘215. Rank of warrant officers.’’.
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1 (f) TECHNICAL AND CONFORMING AMENDMENTS.—(1)

2 Section 1125(a) of the National Defense Authorization Act

3 for Fiscal Years 1992 and 1993 (10 U.S.C. 555 note) is

4 repealed.

5 (2) Section 286a(a) of title 14, United States Code,

6 is amended by striking out ‘‘section 564(a)(3) of title 10

7 (as in effect on the day before the effective date of the War8 rant Officer Management Act)’’ and inserting in lieu there9 of ‘‘section 580(a)(4)(A) of title 10’’.

10 (3) Section 334(b) of such title is amended by striking

11 out ‘‘section 564 of title 10 (as in effect on the day before

12 the effective date of the Warrant Officer Management Act)

13 or’’ and inserting in lieu thereof ‘‘section 580,’’.

14 (4) Section 41 of such title is amended by striking out

15 ‘‘chief warrant officers, W–4; chief warrant officers, W–3;

16 chief warrant officers, W–2; cadets; warrant officers,

17 W–1;’’ and inserting in lieu thereof ‘‘chief warrant officers;

18 cadets; warrant officers;’’.

19 (5)(A) Sections 212 and 213 of such title are repealed.

20 (B) The table of sections at the beginning of chapter

21 11 of such title is amended by striking out the items relating

22 to section 212 and 213.

23 (6) Section 214 of such title is amended by striking

24 out subsections (b) and (c).
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1 (7) Section 583 of title 10, United States Code, is

2 amended by adding at the end the following new paragraph:

3 ‘‘(4) The active-duty list referred to in section

4 573(b) of this title includes the active-duty promotion

5 list established by section 41a of title 14.’’.

6 (g) TEMPORARY AUTHORITY FOR INVOLUNTARY SEPA7 RATION OF CERTAIN WARRANT OFFICERS.—Section 580a

8 of title 10, United States Code, is amended by adding at

9 the end the following new subsection:

10 ‘‘(e) This section applies to the Secretary of Transpor11 tation in the same manner and to the same extent as it

12 applies to the Secretary of Defense. The Commandant of

13 the Coast Guard shall take the action set forth in subsection

14 (b) with respect to regular warrant officers of the Coast

15 Guard.’’.

16 (h) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on the later of—

18 (1) October 1, 1994; or

19 (2) the first day of the fourth month beginning

20 after the date of the enactment of this Act.

21 SEC. 524. AUTHORIZED ACTIVE DUTY STRENGTHS FOR

22 ARMY ENLISTED MEMBERS IN PAY GRADE

23 E–8.

24 (a) IN GENERAL.—Section 517(a) of title 10, United

25 States Code, is amended by inserting ‘‘(or, in the case of
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1 the Army, 2.5 percent)’’ after ‘‘may not be more than 2

2 percent’’.

3 (b) SPECIAL RULE FOR 1995.—The percentage appli4 cable to enlisted members of the Army in pay grade E–

5 8 under section 517(a) of title 10, United States Code, dur6 ing 1995 shall be 2.3 percent (rather than the percentage

7 provided by the amendment made by subsection (a)).

8 (c) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall not apply with respect to the number of

10 enlisted members of the Army on active duty in pay grade

11 E–8 during 1994.

12 SEC. 525. REIMBURSEMENT FOR CERTAIN LOSSES OF

13 HOUSEHOLD EFFECTS DURING PCS MOVES.

14 (a) AUTHORITY TO REIMBURSE.—The Secretary of the

15 military department concerned may reimburse a member

16 of the Armed Forces under the Secretary’s jurisdiction for

17 a loss described in subsection (b).

18 (b) COVERED LOSSES.—This section applies with re19 spect to a loss of household effects sustained during a move

20 made incident to a change of permanent station when, as

21 determined by the Secretary, the loss was caused by a hostile

22 action incident to war or a warlike action by a military

23 force.

24 (c) LIMITATION.—The Secretary may provide reim25 bursement under this section for a loss described in sub-
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1 section (b) only to the extent that the loss is not reimbursed

2 under insurance or under the authority of another provision

3 of law.

4 (d) EFFECTIVE DATE.—The authority provided by this

5 section applies with respect to losses incurred after June

6 30, 1990.

7 SEC. 526. VICTIMS’ ADVOCATES PROGRAMS IN DEPART8 MENT OF DEFENSE.

9 (a) ESTABLISHMENT.—The Secretary of Defense, act10 ing through the Under Secretary of Defense for Personnel

11 and Readiness, shall establish within each of the military

12 departments a victims’ advocates program to provide assist13 ance to members of the Armed Forces and their dependents

14 who are victims of sexual and physical abuse, unlawful dis15 crimination, or sexual harassment.

16 (b) IMPLEMENTATION THROUGH FAMILY ADVOCACY

17 PROGRAM.—The programs under subsection (a) shall, to the

18 extent practicable, be carried out through Family Advocacy

19 Programs in the military departments.

20 (c) VICTIMS ADVOCATE DEFINED.—For purposes of the

21 programs under subsection (a), a victims advocate program

22 is a program in which individuals working in the program

23 serve the interests of a victim of sexual and physical abuse,

24 unlawful discrimination, or sexual harassment by provid25 ing information on available benefits and services, assist-
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1 ance in obtaining those benefits and services, and other ap2 propriate assistance.

3 (d) IMPLEMENTATION REPORT.—The Secretary of De4 fense shall submit to the Committees on Armed Services of

5 the Senate and House of Representatives a report on the

6 implementation of this section. The report shall be submit7 ted not later than six months after the date of the enactment

8 of this Act.

9 SEC. 527. PROHIBITION OF RETALIATORY ACTIONS

10 AGAINST MEMBERS OF THE ARMED FORCES

11 MAKING ALLEGATIONS OF SEXUAL HARASS12 MENT OR UNLAWFUL DISCRIMINATION.

13 (a) IN GENERAL.—(1) Chapter 49 of title 10, United

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

15 new section:

16 ‘‘§ 983. Retaliatory personnel actions prohibited

17 against members alleging sexual harass18 ment or unlawful discrimination

19 ‘‘(a) PROHIBITION OF RETALIATORY PERSONNEL AC20 TIONS.—(1) No person may take (or threaten to take) an

21 unfavorable personnel action, or withhold (or threaten to

22 withhold) a favorable personnel action, as a reprisal

23 against a member of the armed forces for making or prepar24 ing a communication described in subsection (b)(2) to—

25 ‘‘(A) a Member of Congress;
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1 ‘‘(B) an Inspector General (as defined in sub2 section (g));

3 ‘‘(C) a member of a Department of Defense

4 audit, inspection, investigation, or law enforcement

5 organization; or

6 ‘‘(D) any other person or organization (includ7 ing any person or organization in the chain of com8 mand) designated pursuant to regulations or other es9 tablished administrative procedures for such commu10 nications.

11 ‘‘(2) Any action prohibited by paragraph (1) (includ12 ing the threat to take any action and the withholding or

13 threat to withhold any favorable action) shall be considered

14 for the purposes of this section to be a personnel action pro15 hibited by this subsection.

16 ‘‘(b) INSPECTOR GENERAL INVESTIGATION OF ALLE17 GATIONS OF PROHIBITED PERSONNEL ACTIONS.—(1) If a

18 member of the armed forces submits to the Department of

19 Defense Inspector General (or to the Inspector General of

20 the Department of Transportation, in the case of a member

21 of the Coast Guard when the Coast Guard is not operating

22 as a service in the Navy) an allegation that a personnel

23 action prohibited by subsection (a) has been taken (or

24 threatened) against the member with respect to a commu25 nication described in paragraph (2), the Inspector General
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1 shall expeditiously investigate the allegation. The Inspector

2 General of the Department of Defense may not delegate or

3 assign any such investigation to an office or organization

4 within a military department.

5 ‘‘(2) A communication described in this paragraph is

6 a communication in which a member of the armed forces

7 complains of, or discloses information that the member rea8 sonably believes constitutes evidence of, sexual harassment

9 or unlawful discrimination.

10 ‘‘(3) The Inspector General is not required to make an

11 investigation under paragraph (1) in the case of an allega12 tion made more than 60 days after the date on which the

13 member becomes aware of the personnel action that is sub14 ject of the allegation.

15 ‘‘(c) INSPECTOR GENERAL INVESTIGATION OF ALLEGA16 TIONS OF SEXUAL HARASSMENT OR UNLAWFUL DISCRIMI17 NATION.—If the Inspector General considers it necessary,

18 due to evidence of a biased or inadequate investigation of

19 the underlying allegation of sexual harassment or unlawful

20 discrimination, the Inspector General may initiate a sepa21 rate investigation of that allegation.

22 ‘‘(d) REPORTS ON INVESTIGATIONS.—(1) Not later

23 than 30 days after completion of an investigation under

24 subsection (b) or (c), the Inspector General shall submit a

25 report on the results of the investigation to the Secretary
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1 of Defense (or to the Secretary of Transportation in the case

2 of a member of the Coast Guard when the Coast Guard is

3 not operating as a service in the Navy) and the member

4 of the armed forces who made the allegation.

5 ‘‘(2) In the copy of the report submitted to the member,

6 the Inspector General shall ensure the maximum disclosure

7 of information possible, with the exception of information

8 that is not required to be disclosed under section 552 of

9 title 5.

10 ‘‘(3) If, in the course of an investigation of an allega11 tion under this section, the Inspector General determines

12 that it is not possible to submit the report required by para13 graph (1) within 120 days after the date of receipt of the

14 allegation being investigated, the Inspector General shall

15 provide to the Secretary of Defense (or to the Secretary of

16 Transportation in the case of a member of the Coast Guard

17 when the Coast Guard is not operating as a service in the

18 Navy) and to the member making the allegation a notice—

19 ‘‘(A) of that determination (including the rea20 sons why the report may not be submitted within that

21 time); and

22 ‘‘(B) of the time when the report will be submit23 ted.

24 ‘‘(4) The report on the results of the investigation shall

25 contain a thorough review of the facts and circumstances
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1 relevant to the allegation and the complaint or disclosure

2 and shall include documents acquired during the course of

3 the investigation, including summaries of interviews con4 ducted. The report may include a recommendation as to

5 the disposition of the complaint.

6 ‘‘(e) CORRECTION OF RECORDS WHEN PROHIBITED

7 ACTION TAKEN.—(1) A board for the correction of military

8 records acting under section 1552 of this title, in resolving

9 an application for the correction of records made by a mem10 ber or former member of the armed forces who has alleged

11 a personnel action prohibited by subsection (a), on the re12 quest of the member or former member or otherwise, may

13 review the matter.

14 ‘‘(2) In resolving an application described in para15 graph (1), a correction board—

16 ‘‘(A) shall review the report of the Inspector Gen17 eral submitted under subsection (d);

18 ‘‘(B) may request the Inspector General to gather

19 further evidence; and

20 ‘‘(C) may receive oral argument, examine and

21 cross-examine witnesses, take depositions, and, if ap22 propriate, conduct an evidentiary hearing.

23 ‘‘(3) If the board elects to hold an administrative hear24 ing, the member or former member who filed the application

25 described in paragaph (1)—
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1 ‘‘(A) may be provided with representation by a

2 judge advocate if—

3 ‘‘(i) the Inspector General, in the report

4 under subsection (d), finds that there is probable

5 cause to believe that a personnnel action prohib6 ited by subsection (a) has been taken (or threat7 ened) against the member with respect to a com8 munication described in subsection (b)(2);

9 ‘‘(ii) the Judge Advocate General concerned

10 determines that the case is unusually complex or

11 otherwise requires judge advocate assistance to

12 ensure proper presentation of the legal issues in

13 the case; and

14 ‘‘(iii) the member is not represented by out15 side counsel chosen by the member; and

16 ‘‘(B) may examine witnesses through deposition,

17 serve interrogatories, and request the production of

18 evidence, including evidence contained in the inves19 tigatory record of the Inspector General but not in20 cluded in the report submitted under subsection (d).

21 ‘‘(4) The Secretary concerned shall issue a final deci22 sion with respect to an application described in paragraph

23 (1) within 180 days after the application is filed. If the

24 Secretary fails to issue such a final decision within that

25 time, the member or former member shall be deemed to have
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1 exhausted the member’s or former member’s administrative

2 remedies under section 1552 of this title.

3 ‘‘(5) The Secretary concerned shall order such action,

4 consistent with the limitations contained in sections 1552

5 and 1553 of this title, as is necessary to correct the record

6 of a personnel action prohibited by subsection (a).

7 ‘‘(6) If the Board determines that a personnel action

8 prohibited by subsection (a) has occurred, the Board may

9 recommend to the Secretary concerned that the Secretary

10 take appropriate disciplinary action against the individual

11 who committed such personnel action.

12 ‘‘(f) REVIEW BY SECRETARY OF DEFENSE.—Upon the

13 completion of all administrative review under subsection

14 (e), the member or former member of the armed forces (ex15 cept for a member or former member of the Coast Guard

16 when the Coast Guard is not operating as a service in the

17 Navy) who made the allegation referred to in subsection

18 (b)(1), if not satisfied with the disposition of the matter,

19 may submit the matter to the Secretary of Defense. The Sec20 retary shall make a decision to reverse or uphold the deci21 sion of the Secretary of the military department concerned

22 in the matter within 90 days after receipt of such a submit23 tal.

24 ‘‘(g) POST-DISPOSITION INTERVIEWS.—After disposi25 tion of any case under this section, the Inspector General
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1 shall, whenever possible, conduct an interview with the per2 son making the allegation to determine the views of that

3 person on the disposition of the matter.

4 ‘‘(h) REGULATIONS.—The Secretary of Defense, and

5 the Secretary of Transportation with respect to the Coast

6 Guard when it is not operating as a service in the Navy,

7 shall prescribe regulations to carry out this section.

8 ‘‘(i) DEFINITIONS.—In this section:

9 ‘‘(1) The term ‘unlawful discrimination’ means

10 discrimination on the basis of race, color, religion,

11 sex, or national origin.

12 ‘‘(2) The term ‘Member of Congress’ includes any

13 Delegate or Resident Commissioner to Congress.

14 ‘‘(3) The term ‘Inspector General’ means—

15 ‘‘(A) an Inspector General appointed under

16 the Inspector General Act of 1978; and

17 ‘‘(B) an officer of the armed forces assigned

18 or detailed under regulations of the Secretary

19 concerned to serve as an Inspector General at

20 any command level in one of the armed forces.’’.

21 (2) The table of sections at the beginning of such chap22 ter is amended by adding at the end the following new item:

‘‘983. Retaliatory personnel actions prohibited against members alleging sexual

harassment or unlawful discrimination.’’.

23 (b) DEADLINE FOR REGULATIONS.—The Secretary of

24 Defense and the Secretary of Transportation shall prescribe
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1 the regulations required by subsection (g) of section 983 of

2 title 10, United States Code, as added by subsection (a),

3 not later than 120 days after the date of the enactment of

4 this Act.

5 (c) CONTENT OF REGULATIONS.—In prescribing regu6 lations under section 983 of title 10, United States Code,

7 as added by subsection (a), the Secretary of Defense and

8 the Secretary of Transportation shall provide for due proc9 ess procedures for the subject of any investigation carried

10 out under the provisions of that section, including a process

11 for appeal and review of investigative findings.

12 (d) EFFECTIVE DATE.—Section 983 of title 10, United

13 States Code, as added by subsection (a), shall apply with

14 respect to any personnel action taken (or threatened to be

15 taken) on or after the date of the enactment of this Act as

16 a reprisal prohibited by subsection (a) of that section.

17 SEC. 528. ANNUAL REPORT ON PERSONNEL READINESS.

18 (a) REQUIRED ASSESSMENT.—The Secretary of De19 fense shall submit to Congress an annual report on trends

20 in recruiting, retention, and personnel readiness.

21 (b) DATA TO BE COLLECTED.—Each annual report

22 under subsection (a) shall include the following information

23 with respect to the preceding fiscal year for the active com24 ponents of each of the Armed Forces under the jurisdiction
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1 of the Secretary (as well as such additional information as

2 the Secretary considers appropriate):

3 (1) The numbers and rates of temporary and

4 permanent nondeployability of members of the Armed

5 Forces, displayed by cause of nondeployability, rank,

6 and gender.

7 (2) The numbers and rates of complaints and al8 legations involving gender and other unlawful dis9 crimination and sexual harassment, and the rates of

10 substantiation for those complaints and allegations.

11 (3) The numbers and rates of disciplinary pro12 ceedings, displayed (A) by offense or infraction com13 mitted, (B) by gender, rank, and race, and (C) by the

14 categories specified in paragraph (2).

15 (4) The retention rates, by gender, rank, and

16 race, with an analysis of factors influencing those

17 rates.

18 (5) The propensity of persons to enlist, displayed

19 by gender and race, with an analysis of the factors

20 influencing those propensities.

21 (c) SUBMISSION TO CONGRESS.—The Secretary shall

22 submit the report under this section for any fiscal year as

23 part of the annual Department of Defense posture statement

24 provided to Congress in connection with the Department

25 of Defense budget request for that fiscal year.
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1 (d) INITIAL SUBMISSION.—The first report under this

2 section shall be submitted in connection with the Depart3 ment of Defense budget request for fiscal year 1996 and

4 shall include data, to the degree such data already exists,

5 for fiscal years after fiscal year 1991.

6 SEC. 529. PROGRAMS RELATED TO DESERT STORM MYS7 TERY ILLNESS.

8 (a) OUTREACH PROGRAM TO PERSIAN GULF VETER9 ANS AND FAMILIES.—The Secretary of Defense shall insti10 tute a comprehensive outreach program to inform members

11 of the Armed Forces who served in the Southwest Asia thea12 ter of operations during the Persian Gulf Conflict, and the

13 families of such members, of illnesses that may result from

14 such service. The program shall be carried out through both

15 medical and command channels, as well as any other means

16 the Secretary considers appropriate. Under the program,

17 the Secretary shall—

18 (1) inform such individuals regarding—

19 (A) common disease symptoms reported by

20 Persian Gulf veterans that may be due to service

21 in the Southwest Asia theater of operations;

22 (B) blood donation policy;

23 (C) available counseling and medical care

24 for such members; and
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1 (D) possible health risks to children of Per2 sian Gulf veterans;

3 (2) inform such individuals of the procedures for

4 registering in either the Persian Gulf Veterans Health

5 Surveillance System of the Department of Defense or

6 the Persian Gulf War Health Registry of the Depart7 ment of Veterans Affairs; and

8 (3) encourage such members to report any symp9 toms they may have and to register in the appro10 priate health surveillance registry.

11 (b) INCENTIVES TO PERSIAN GULF VETERANS TO

12 REGISTER.—In order to encourage Persian Gulf veterans

13 to register any symptoms they may have in one of the exist14 ing health registries, the Secretary of Defense shall provide

15 the following:

16 (1) For any Persian Gulf veteran who is on ac17 tive duty and who registers with the Department of

18 Defense’s Persian Gulf War Veterans Health Surveil19 lance System, a full medical evaluation and any re20 quired medical care.

21 (2) For any Persian Gulf War veteran who is,

22 as of the date of the enactment of this Act, a member

23 of a reserve component, opportunity to register at a

24 military medical facility in the Persian Gulf Veterans

25 Health Care Surveillance System and, in the case of
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1 a Reserve who registers in that registry, a full medi2 cal evaluation by the Department of Defense. Depend3 ing on the results of the evaluation and on eligibility

4 status, reserve personnel may be provided medical

5 care by the Department of Defense.

6 (3) For a Persian Gulf veteran who is not, as of

7 the date of the enactment of this Act, on active duty

8 or a member of a reserve component, assistance and

9 information at a military medical facility on reg10 istering with the Persian Gulf War Registry of the

11 Department of Veterans Affairs and information re12 lated to support services provided by the Department

13 of Veterans Affairs.

14 (c) COMPATABILITY OF DEPARTMENT OF DEFENSE

15 AND DEPARTMENT OF VETERANS AFFAIRS REGISTRIES.—

16 The Secretary of Defense shall ensure that the Department

17 of Defense Persian Gulf Veterans Health Surveillance Sys18 tem register is compatible with the Persian Gulf War Reg19 istry maintained by the Department of Veterans Affairs

20 and that all information on individuals who register with

21 the Department of Defense system is provided to the Depart22 ment of Veterans Affairs for incorporation into the Persian

23 Gulf War Registry.

24 (d) PRESUMPTIONS ON BEHALF OF SERVICE MEM25 BER.—(1) A member of the Armed Forces who is a Persian
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1 Gulf veteran, who has symptoms of illness, and who the Sec2 retary concerned finds may have become ill as a result of

3 serving on active duty in the Southwest Asia theater of op4 erations during the Persian Gulf War shall be considered

5 for Department of Defense purposes to have become ill as

6 a result of serving in that theater of operations.

7 (2) A member of the Armed Forces who is a Persian

8 Gulf veteran and who reports being ill as a result of serving

9 on active duty in the Southwest Asia theater of operations

10 during the Persian Gulf War shall be considered for Depart11 ment of Defense purposes to have become ill as a result of

12 serving in that theater of operations until such time as the

13 weight of medical evidence establishes other cause or causes

14 of the member’s illness.

15 (3) The Secretary concerned shall ensure that, for the

16 purposes of health care treatment by the Department of De17 fense, health care and personnel administration, and dis18 ability evaluation by the Department of Defense, the symp19 toms of any member of the Armed Forces covered by para20 graph (1) or (2) are examined in light of the member’s serv21 ice in the Persian Gulf War and in light of the reported

22 symptoms of other Persian Gulf veterans. The Secretary

23 shall ensure that, in providing health care diagnosis and

24 treatment of the member, a broad range of potential causes

25 of the member’s symptoms are considered and that the mem-
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1 ber’s symptoms are considered collectively, as well as by

2 type of symptom or medical speciality, and that treatment

3 across medical specialties is coordinated appropriately.

4 (4) The Secretary of Defense shall ensure that the pre5 sumptions of service connection and illness specified in

6 paragraphs (1) and (2) are incorporated in appropriate

7 service medical and personnel regulations and are widely

8 disseminated throughout the Department of Defense.

9 (e) REVISION OF THE PHYSICAL EVALUATION BOARD

10 CRITERIA.—(1) The Secretary of Defense, in consultation

11 with the Secretary of Veterans Affairs and the Secretary

12 of Health and Human Services, shall ensure that case defi13 nitions of Persian Gulf related illnesses, as well as the Phys14 ical Evaluation Board criteria used to set disability ratings

15 for members no longer medically qualified for continuation

16 on active duty, are established as soon as possible to permit

17 accurate disability ratings related to a diagnosis of Persian

18 Gulf illnesses.

19 (2) Until revised disability criteria can be imple20 mented and members of the Armed Forces can be rated

21 against those criteria, the Secretary of Defense shall en22 sure—

23 (A) that any member of the Armed Forces on ac24 tive duty who may be suffering from a Persian Gulf-
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1 related illness is afforded continued military medical

2 care; and

3 (B) that any member of the Armed Forces on ac4 tive duty who is found by a Physical Evaluation

5 Board to be unfit for continuation on active duty as

6 a result of a Persian Gulf-related illness for which the

7 board has no rating criteria (or inadequate rating

8 criteria) for the illness or condition from which the

9 member suffers is placed on the temporary disability

10 retired list.

11 (f) REVIEW OF RECORDS AND RERATING OF PRE12 VIOUSLY DISCHARGED GULF WAR VETERANS.—(1) The

13 Secretary of Defense, in consultation with the Secretary of

14 Veterans Affairs, shall ensure that a review is made of the

15 health and personnel records of each Persian Gulf veteran

16 who before the date of the enactment of this Act was dis17 charged from active duty, or was medically retired, as a

18 result of a Physical Evaluation Board process.

19 (2) The review under paragraph (1) shall be carried

20 out to ensure that former Persian Gulf veterans who may

21 have been suffering from a Persian Gulf-related illness at

22 the time of discharge or retirement from active duty as a

23 result of the Physical Evaluation Board process are revalu24 ated in accordance with the criteria established in sub25 section (c)(1) and, if appropriate, are rerated.
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1 (g) PERSIAN GULF ILLNESS MEDICAL REFERRAL

2 CENTERS.—The Secretary of Defense shall evaluate the fea3 sibility of establishing one or more medical referral centers

4 to provide uniform, coordinated medical care for Persian

5 Gulf veterans on active duty who are or may be suffering

6 from a Persian Gulf-related illness. The Secretary shall sub7 mit a report on such feasibility to the Committees on Armed

8 Services of the Senate and House of Representatives not

9 later than six months after the date of the enactment of this

10 Act.

11 (h) ANNUAL REPORT TO CONGRESS.—(1) The Sec12 retary of Defense shall submit to the Committees on Armed

13 Services of the Senate and House of Representatives an an14 nual report on—

15 (A) efforts taken and results achieved in notify16 ing members of the Armed Forces and their families

17 as part of the outreach program required by sub18 section (a);

19 (B) efforts taken to revise the Physical Evalua20 tion Board disability rating and interim efforts to

21 adjudicate cases before the revision of the criteria; and

22 (C) results of the review and rerating of pre23 viously separated servicemembers.
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1 (2) The first report under paragraph (1) shall be sub2 mitted not later than 120 days after the date of the enact3 ment of this Act.

4 (i) PERSIAN GULF VETERAN.—For purposes of this

5 section, a Persian Gulf veteran is an individual who served

6 on active duty in the Armed Forces in the Southwest Asia

7 theater of operations during the Persian Gulf Conflict.

8 SEC. 530. UPGRADE OF ARMED FORCES STAFF COLLEGE

9 WARGAMING AND OTHER CAPABILITIES.

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

11 findings:

12 (1) The Congress and the Department of Defense

13 have envisioned the Armed Forces Staff College as the

14 premier educational institution for joint operational

15 planning and warfighting.

16 (2) The mission of the college is to educate staff

17 officers and other leaders in joint and combined oper18 ational planning and warfighting in order to instill

19 a primary commitment to joint teamwork, attitudes,

20 and perspective.

21 (3) The intention of the Congress and the De22 partment of Defense is that the college be a ‘‘hands23 on’’ school, preparing officers for joint duty assign24 ments through extensive use of case studies and war

25 games that focus on the specifics of joint warfare and
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1 involve theaters of war set in both developed and un2 derdeveloped regions.

3 (4) The inadequate wargaming capability at the

4 college does not allow for a hands-on approach, nor

5 does the current capability and associated facilities,

6 in particular, the antiquated and decaying library,

7 support an atmosphere in which students are able to

8 develop critical thinking skills and problem-solving

9 abilities as they pertain to joint operational planning

10 and warfighting.

11 (5) In order for the college to fulfill its mission

12 to educate officers in joint matters with a curriculum

13 that is hands-on from the first day of school until the

14 last, the college must be able to run war games and

15 practical exercises simultaneously whenever the cur16 riculum dictates. To meet this requirement, the college

17 must have its own wargaming facility.

18 (6) Neither the Joint Warfighting Center, which

19 Congress strongly supported in Public Law 103–160,

20 nor a proposed wargaming facility for the United

21 States Atlantic Command (both of which will be lo22 cated miles from the college), can fulfill the unique,

23 continuous, on-campus educational requirements of

24 the college.
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1 (7) Off-site facilities cannot sustain the evolution

2 of the college to fulfill its potential as a research cen3 ter for joint operational excellence whose faculty and

4 advanced students achieve the highest levels of ability

5 in critical thinking and problem solving regarding

6 joint matters and, as a consequence, are capable of

7 using wargaming, simulation, and other analytical

8 techniques to develop and evaluate advanced

9 warfighting and campaign concepts and doctrine for

10 the future employment of joint forces.

11 (8) The Congress, in the joint statement of man12 agers to accompany the bill H.R. 2401 of the 103d

13 Congress—

14 (A) noted that there were ‘‘no current De15 partment of Defense plans to upgrade the

16 wargaming capability at the Armed Forces Staff

17 College’’;

18 (B) urged ‘‘that this situation be corrected

19 and that the Department of Defense, particularly

20 the Chairman of the Joint Chiefs of Staff and the

21 Secretary of the Navy, develop plans for a

22 wargaming capability at AFSC comparable to

23 those at the Army, Navy, and Air Force profes24 sional military education schools’’; and
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1 (C) stated that the conferees ‘‘expect the De2 partment of Defense budget for fiscal year 1995

3 to contain a request for funding to upgrade the

4 wargaming capability at AFSC.’’.

5 (9) The Department of Defense budget request for

6 fiscal year 1995 did not contain a request for funding

7 to upgrade the Armed Forces Staff College wargaming

8 capability.

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

10 shall—

11 (1) upgrade the wargaming capability at the

12 Armed Forces Staff College to make that capability,

13 at a minimum, comparable to the wargaming capa14 bility at the Army, Navy, and Air Force professional

15 military education schools;

16 (2) survey the other facilities and capabilities of

17 the college (in particular, the library and the class18 room instruction facilities) and upgrade them to

19 make them comparable to the facilities and capabili20 ties at the Army, Navy, and Air Force professional

21 military education schools;

22 (3) include a request for funding the upgrades

23 under paragraphs (1) and (2) in the Department of

24 Defense budget for fiscal year 1996; and
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1 (4) submit to the congressional defense commit2 tees, not later than January 15, 1995, a plan for exe3 cuting those upgrades.

4 SEC. 531. PROHIBITION ON IMPOSITION OF ADDITIONAL

5 CHARGES OR FEES FOR ATTENDANCE AT

6 CERTAIN ACADEMIES.

7 (a) PROHIBITION.—Except as provided in subsection

8 (b), no charge or fee for tuition, room, or board for attend9 ance at an academy named in subsection (c) may be im10 posed unless the charge or fee is specifically authorized by

11 a law enacted after the date of the enactment of this Act.

12 (b) EXCEPTION.—The prohibition specified in sub13 section (a) shall not apply with respect to any item or serv14 ice provided to cadets or midshipmen at an academy named

15 in subsection (c) for which a charge or fee is imposed as

16 of the date of the enactment of this Act. The Secretary of

17 Defense or the Secretary of Transportation, as the case shall

18 be, shall notify the Congress of any change made by an

19 academy in the amount of a charge or fee authorized under

20 this subsection.

21 (c) COVERED ACADEMIES.—This section applies to the

22 following:

23 (1) The United States Military Academy.

24 (2) The United States Naval Academy.

25 (3) The United States Air Force Academy.
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1 (4) The United States Coast Guard Academy.

2 (5) The United States Merchant Marine Acad3 emy.

4 SEC. 532. AUTHORIZATION FOR INSTRUCTION OF CIVILIAN

5 STUDENTS AT FOREIGN LANGUAGE CENTER

6 OF THE DEFENSE LANGUAGE INSTITUTE.

7 (a) ADMISSION OF CIVILIANS AS STUDENTS.—(1) The

8 Secretary of the Army may enter into an agreement with

9 an accredited institution of higher education (or a consor10 tium of such institutions) under which students enrolled at

11 an institution of higher education that is a party to the

12 agreement may receive instruction at the Foreign Language

13 Center of the Defense Language Institute on a cost-reim14 bursable, space-available basis.

15 (2) The Secretary may also permit other persons who

16 would benefit from the instruction provided at the Center,

17 as determined by the Secretary, to receive instruction at

18 the Center on a cost-reimbursable, space-available basis.

19 (b) SELECTION AND ATTENDANCE.—(1) The Secretary

20 shall select the persons who will be permitted to receive in21 struction at the Center pursuant to subsection (a). In the

22 case of agreements under subsection (a)(1), the Secretary

23 shall consult with the other parties to the agreements to es24 tablish qualifications and methods of selection for persons

25 to receive instruction at the Center.
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1 (2) Except as the Secretary determines necessary, a

2 person who receives instruction at the Center pursuant to

3 subsection (a) shall be subject to the same regulations gov4 erning attendance, discipline, discharge, and dismissal as

5 apply to other persons attending the Center.

6 (c) RETENTION OF FUNDS.—Amounts collected under

7 subsection (a) to reimburse the Center for the costs of pro8 viding instruction to students under subsection (a) shall be

9 credited to funds available for compensation of instructors

10 at the Center and to defray direct civilian student costs to

11 the school.

12 (d) CENTER DEFINED.—For purposes of this section,

13 the term ‘‘Center’’ means the Foreign Language Center of

14 the Defense Language Institute.

15 (e) EXPIRATION OF AUTHORITY.—No student may be

16 admitted to the Center under subsection (a) to commence

17 classes beginning after September 30, 1997.

18 SEC. 533. SENSE OF CONGRESS CONCERNING APPRO19 PRIATE DEPARTMENT OF DEFENSE FORCE

20 STRUCTURE THROUGH 1997.

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

22 findings:

23 (1) The United States has commited itself to

24 fight and win two Persian Gulf-type regional wars

25 almost simultaneously. Both the Bush and Clinton
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1 administrations have embraced the so-called ‘‘win/

2 win’’ strategy which requires sizing the military for

3 two major regional conflicts.

4 (2) The involvement of the United States in re5 lief efforts in Somalia, the continued involvement of

6 the United States in Bosnia, and the possible need for

7 military action in Korea reaffirm the importance of

8 a sufficient-sized military to deter aggression and en9 force America’s interests abroad.

10 (3) The United States military will be called

11 upon in the future to perform an increasing number

12 of humanitarian and relief missions, causing in13 creased strain on the resources of the Armed Forces.

14 (4) The United States military force structure

15 has shrunk dramatically since the Persian Gulf War

16 in 1991. Critical force enhancements which will not

17 be deployed for several years are needed to achieve de18 cisive victory in major regional conflicts.

19 (b) SENSE OF CONGRESS.—In light of the findings in

20 subsection (a), it is the sense of Congress that—

21 (1) through 1997 the United States should

22 have—

23 (A) not less than 520,000 personnel in the

24 active forces of the Army;
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1 (B) not less than 11 active aircraft carriers

2 and one reserve aircraft carrier in the Navy;

3 (C) not less than 20 active and reserve

4 fighter wings in the Air Force; and

5 (D) not less than 174,000 personnel in the

6 active forces of the Marine Corps;

7 (2) funding for national defense for fiscal years

8 1995 through 1997 should be established at a level suf9 ficient to support the force structure described in

10 paragraph (1) and to ensure that the United States

11 does not have a hollow force; and

12 (3) the force structure described in paragraph (1)

13 represents the minimum level which should be main14 tained, but the President should be willing to increase

15 defense spending to meet new or existing threats.

16 SEC. 534. DISCHARGE OF MEMBERS WHO ARE PERMA17 NENTLY NONWORLDWIDE ASSIGNABLE.

18 (a) IN GENERAL.—(1) Chapter 59 of title 10, United

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

20 new section:

21 ‘‘§ 1177. Members who are permanently nonworldwide

22 assignable: mandatory discharge or re23 tirement; counseling

24 ‘‘(a) REQUIRED SEPARATION.—A member of the

25 armed forces who is classified as permanently
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1 nonworldwide assignable due to a medical condition shall

2 (except as provided in subsection (c)) be separated unless

3 the Secretary concerned determines that the retention of

4 permanently nonworldwide assignable service members

5 would not adversely affect the ability of the service to carry

6 out its mission. Such separation shall be made on a date

7 determined by the Secretary concerned, which (except as

8 provided in subsection (b)(2)) shall be as soon as practicable

9 after the date on which the determination is made that the

10 member should be so classified and not later than the last

11 day of the twelfth month beginning after that date.

12 ‘‘(b) FORM OF SEPARATION.—(1) If a member to be

13 separated under this section is eligible to retire under any

14 provision of law or to be transferred to the Fleet Reserve

15 or Fleet Marine Corps Reserve, the member shall be so re16 tired or so transferred. Otherwise, the member shall be dis17 charged.

18 ‘‘(2) In the case of a member to be discharged under

19 this section who on the date on which the member is to be

20 discharged is within two years of qualifying for retirement

21 under any provison of law, or of qualifying for transfer to

22 the Fleet Reserve or Fleet Marine Corps Reserve under sec23 tion 6330 of this title, the member may, as determined by

24 the Secretary concerned, be retained on active duty until

25 the member is qualified for retirement or transfer to the
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1 Fleet Reserve or Fleet Marine Corps Reserve, as the case

2 may be, and then be so retired or transferred, unless the

3 member is sooner retired or discharged under any other pro4 vision of law.

5 ‘‘(c) EXCEPTIONS.—The Secretary concerned may

6 waive subsection (a) with respect to an individual member

7 of the armed forces under the jurisdiction of that Secretary

8 if the Secretary determines that there are circumstances

9 that warrant the retention of that member. Such cir10 cumstances may include—

11 ‘‘(1) consideration that the medical condition

12 making the member permanently nonworldwide as13 signable was incurred in combat or otherwise as the

14 result of an action of the member for which the mem15 ber received a decoration or other recognition for per16 sonal bravery;

17 ‘‘(2) consideration that the member has a specific

18 proficiency or skill that is vital to the national secu19 rity; and

20 ‘‘(3) any other circumstance that the Secretary

21 considers to be for the good of the service.

22 ‘‘(d) COUNSELING ABOUT AVAILABLE MEDICAL

23 CARE.—A member to be separated under this section shall

24 be provided information, in writing, before such separation

25 of the available medical care (through the Department of
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1 Veterans Affairs and otherwise) to treat the member’s condi2 tion. Such information shall include identification of spe3 cific medical locations near the member’s home of record

4 or point of discharge at which the member may seek nec5 essary medical care.

6 ‘‘(e) SEPARATION TO BE CONSIDERED INVOLUN7 TARY.—A separation under this section shall be considered

8 to be an involuntary separation for purposes of any other

9 provision of law.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by adding at the end the following new item:

‘‘1177. Members who are permanently nonworldwide assignable: mandatory discharge or retirement; counseling.’’.

12 (b) EFFECTIVE DATE.—Section 1177 of title 10,

13 United States Code, as added by subsection (a), shall apply

14 with respect to members determined to be permanently

15 nonworldwide assignable by reason of a medical condition

16 before, on, or after the date of the enactment of this Act.

17 In the case of such a determination made before the date

18 of the enactment of this Act, the period for the separation

19 of the member specified in subsection (a) of such section

20 shall be treated as beginning on the date of the enactment

21 of this Act.

22 (c) CONFORMING AMENDMENT.—Section 1174(a)(1) of

23 title 10, United States Code, is amended by striking out
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1 ‘‘section 580’’ and inserting in lieu thereof ‘‘section 580,

2 1177,’’.

3 SEC. 535. MILITARY RECRUITING ON CAMPUS.

4 (a) DENIAL OF FUNDS.—(1) No funds available to the

5 Department of Defense may be provided by grant or con6 tract to any educational institution that has a policy of

7 denying, or which effectively prevents, the Secretary of De8 fense from obtaining for military recruiting purposes—

9 (A) entry to campuses or access to students on

10 campuses; or

11 (B) access to directory information pertaining to

12 students.

13 (2) Students referred to in paragraph (1) are individ14 uals who are 17 years of age or older.

15 (b) PROCEDURES FOR DETERMINATION.—The Sec16 retary of Defense, in consultation with the Secretary of

17 Education, shall prescribe regulations that contain proce18 dures for determining if and when an educational institu19 tion has denied or prevented access to students or informa20 tion described in subsection (a).

21 (c) DEFINITION.—For purposes of this section, the

22 term ‘‘directory information’’ means, with respect to a stu23 dent, the student’s name, address, telephone listing, date

24 and place of birth, level of education, degrees received, and
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1 the most recent previous educational institution enrolled in

2 by the student.

3 SEC. 536. SURVEY ON THE STATE OF RACE AND ETHNIC IS4 SUES IN THE MILITARY.

5 (a) REQUIREMENT FOR SURVEY.—The Secretary of

6 Defense, acting through the Armed Forces Survey on Race/

7 Ethnic Issues, shall carry out a biennial survey to measure

8 the state of racial and ethnic issues and discrimination

9 among active-duty military personnel. The survey shall so10 licit information on the race relations climate in the serv11 ices, including—

12 (1) indicators of positive and negative trends of

13 relations between all racial and ethnic groups; and

14 (2) the effectiveness of Department of Defense

15 policies designed to improve race and ethnic relations;

16 and

17 (3) the effectiveness of current complaints and

18 investigations processes.

19 (b) REPORT TO CONGRESS.—The Secretary shall sub20 mit to Congress the results from the first survey under sub21 section (a) not later than February 15, 1995, and report

22 the results of future surveys biennially, thereafter.
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1 SEC. 537. REQUEST FOR POSTHUMOUS COMMISSIONING IN

2 THE ARMY OF TWO AFRICAN AMERICANS DIS3 CHARGED FROM WEST POINT DUE TO RACIAL

4 PREJUDICE DURING POST-CIVIL WAR PE5 RIOD.

6 (a) REQUEST.—The President is authorized and re7 quested to issue, or have issued, posthumous commissions

8 in the grade of second lieutenant in the Regular Army—

9 (1) in the name of James Webster Smith of

10 South Carolina, the first African American appointed

11 to the United States Military Academy, who was ap12 pointed to the Academy in 1870 and was subsequently

13 discharged from the Corps of Cadets of the Academy

14 and from the Army due to extreme racial prejudice;

15 and

16 (2) in the name of Johnson Chesnut Whittaker of

17 South Carolina, the third African American ap18 pointed to the United States Military Academy, who

19 was appointed to the Academy in 1876 and was sub20 sequently discharged from the Corps of Cadets of the

21 Academy and from the Army shortly before his grad22 uation and commissioning as a second lieutenant due

23 to extreme racial prejudice.

24 (b) TREATMENT OF BENEFITS.—The provisions of sec25 tion 1523 of title 10, United States Code, apply in the case

26 of a commission issued as requested in subsection (a).
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1 SEC. 538. DETAIL OF DEPARTMENT OF DEFENSE PERSON2 NEL TO ASSIST IMMIGRATION AND NATU3 RALIZATION SERVICE, BORDER PATROL AND

4 CUSTOMS SERVICE.

5 (a) AUTHORITY OF SECRETARY OF DEFENSE.—Sec6 tion 374 of title 10, United States Code, is amended by add7 ing at the end the following new subsection:

8 ‘‘(d)(1) During each fiscal year, the Secretary of De9 fense may make Department of Defense personnel currently

10 stationed in Europe available to assist—

11 ‘‘(A) at the request of the Attorney General, the

12 Immigration and Naturalization Service and the

13 United States Border Patrol in preventing the entry

14 of terrorists, drug traffickers, and illegal aliens into

15 the United States; and

16 ‘‘(B) at the request of the Secretary of the Treas17 ury, the United States Customs Service in the inspec18 tion of cargo, vehicles, and aircraft at points of entry

19 into the United States.’’.

20 (b) EFFECTIVE DATE.—This section shall take effect

21 on October 1, 1994.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.

5 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

6 adjustment required by section 1009 of title 37, United

7 States Code, in elements of compensation of members of the

8 uniformed services to become effective during fiscal year

9 1995 shall not be made.

10 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Effec11 tive on January 1, 1995, the rates of basic pay, basic allow12 ance for subsistence, and basic allowance for quarters of

13 members of the uniformed services are increased by 2.6 per14 cent.

15 (c) INCREASE IN CADET AND MIDSHIPMAN PAY.—Ef16 fective on January 1, 1995, section 203(c)(1) of title 37,

17 United States Code, is amended by striking out ‘‘$543.90’’

18 and inserting in lieu thereof ‘‘$558.04’’.

19 SEC. 602. COST-OF-LIVING ALLOWANCE FOR MEMBERS OF

20 THE UNIFORMED SERVICES ASSIGNED TO

21 HIGH COST AREAS IN THE CONTINENTAL

22 UNITED STATES.

23 (a) ALLOWANCE REQUIRED.—(1) Chapter 7 of title 37

24 is amended by inserting after section 403a the following

25 new section:
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1 ‘‘§ 403b. Cost-of-living allowance in the continental

2 United States

3 ‘‘(a) MEMBERS ELIGIBLE.—(1) A member of the uni4 formed services who is assigned to a high cost area in the

5 continental United States is entitled to a cost-of-living al6 lowance under this section.

7 ‘‘(2) A member who is assigned to an unaccompanied

8 tour of duty outside the continental United States is enti9 tled to a cost-of-living allowance under this section if the

10 dependents of the member reside in a high cost area in the

11 continental United States.

12 ‘‘(3) A member who is assigned to duty in the con13 tinental United States and whose dependents, due to the

14 duty location or other circumstances, must reside in a high

15 cost area in the continental United States, may be paid

16 a cost-of-living allowance under this section based on the

17 area where the dependents reside if it would be inequitable

18 to base the allowance on the duty location of the member.

19 ‘‘(b) EXCEPTIONS OR CONDITIONS.—(1) A member of

20 the uniformed services who is otherwise entitled to a cost21 of-living allowance under this section is not entitled to the

22 allowance for the number of days during which travel is

23 authorized while changing permanent duty stations.

24 ‘‘(2) A member of a reserve component is not entitled

25 to a cost-of-living allowance under this section unless the

26 member is on active duty under a call or order that specifies
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1 a tour of active duty of 140 days or more or states that

2 the active duty is in support of a contingency operation.

3 ‘‘(c) ANNUAL ALLOWANCE THRESHOLD.—Based on the

4 amount of funds available for a fiscal year to provide cost5 of-living allowances under this section, the Secretary of De6 fense shall establish annually an allowance threshold to rep7 resent the percentage by which the cost of living of an area

8 must exceed the national average cost of living in order to

9 qualify the area as a high cost area for payment of the cost10 of-living allowance to members of the uniformed services de11 scribed in subsection (a). However, the allowance threshold

12 for a fiscal year may not be less than 1.05 nor more than

13 1.08.

14 ‘‘(d) DETERMINATION OF NATIONAL AND AREA COST

15 OF LIVINGS.—(1) The Secretary of Defense shall establish

16 the cost-of-living allowance for a fiscal year by using the

17 Consumer Price Index (as determined by the Bureau of

18 Labor Statistics of the Department of Labor) or by using

19 a comparable index developed in the private sector to deter20 mine a national average cost of living and the cost of living

21 for various areas in the continental United States. To deter22 mine the cost of living of members of the uniformed services,

23 the Secretary shall consider nonhousing costs (such as

24 transportation, goods, and services) incurred by members

25 of the uniformed services and average income tax paid by
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1 such members. The Secretary shall reduce the amounts de2 termined to exclude cost savings attributable to military fa3 cilities (such as commissary, military exchange, and mili4 tary health care benefits) and any military subsistence al5 lowance.

6 ‘‘(e) ALLOWANCE FACTOR.—The factor used in a par7 ticular high cost area to calculate the amount of the cost8 of-living allowance for a fiscal year for members of the uni9 formed services described in subsection (a) shall be equal

10 to the difference between—

11 ‘‘(1) the cost of living for the high cost area di12 vided by the national average cost of living; and

13 ‘‘(2) the allowance threshold established under

14 subsection (c) for that year.

15 ‘‘(f) AMOUNT OF ALLOWANCE.—The cost-of-living al16 lowance of a member of the uniformed services described in

17 subsection (a) who is covered by a particular high cost area

18 is equal to the product of the basic pay of the member and

19 the allowance factor for that high cost area determined

20 under subsection (e). The Secretary shall adjust the amount

21 determined to maintain after-tax purchasing power of the

22 allowance.

23 ‘‘(g) DEFINITIONS.—In this section—

24 ‘‘(1) the term ‘high cost area’ means an area in

25 the continental United States in which the cost of liv-
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1 ing, with respect to a particular fiscal year, exceeds

2 the national average cost of living by a percentage

3 greater than the allowance threshold established for

4 that fiscal year under subsection (c); and

5 ‘‘(2) the term ‘continental United States’ means

6 the 48 contiguous States and the District of Colum7 bia.’’.

8 (2) The table of sections at the beginning of chapter

9 7 of title 37, United States Code, is amended by inserting

10 after the item relating to section 403a the following new

11 item:

‘‘403b. Cost-of-living allowance in the continental United States.’’.

12 (b) APPLICATION OF AMENDMENT.—The Secretary of

13 Defense may not provide a cost-of-living allowance under

14 section 403b of title 37, United States Code, as added by

15 subsection (a), before July 1, 1995.

16 SEC. 603. INCREASE IN SUBSISTENCE ALLOWANCE PAYABLE

17 TO MEMBERS OF SENIOR RESERVE OFFICERS’

18 TRAINING CORPS.

19 (a) INCREASE.—Section 209(a) of title 37, United

20 States Code, is amended by striking out ‘‘$100 a month’’

21 in the first sentence and inserting in lieu thereof ‘‘$150 a

22 month’’.

23 (b) APPLICATION OF INCREASE.—(1) Except as pro24 vided in paragraph (2), the amendments made by sub-
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1 section (a) shall apply with respect to months beginning

2 after August 31, 1995.

3 (2) Upon the approval of the Secretary of Defense, the

4 Secretary of a military department may implement such

5 amendments at an earlier date with respect to members of

6 the Senior Reserve Officers’ Training Corps under the juris7 diction of the Secretary if funds are available for the month8 ly subsistence allowances authorized by such amendments.

9 Subtitle B—Bonuses and Special

10 and Incentive Pays

11 SEC. 611. INCREASE IN AUTHORIZED INCENTIVE SPECIAL

12 PAY FOR CERTIFIED REGISTERED NURSE AN13 ESTHETISTS.

14 Section 302e(a)(1) of title 37, United States Code, is

15 amended by striking out ‘‘$6,000’’ and inserting in lieu

16 thereof ‘‘$15,000’’.

17 SEC. 612. EXTENSION OF AUTHORITY FOR PAYMENT OF

18 AVIATION OFFICER RETENTION BONUS

19 Section 301b(a) of title 37, United States Code, is

20 amended by striking out ‘‘September 30, 1994’’ and insert21 ing in lieu thereof ‘‘September 30, 1995’’.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 621. CHANGE IN PROVISION OF TRANSPORTATION IN4 CIDENT TO PERSONAL EMERGENCIES FOR

5 MEMBERS STATIONED OUTSIDE THE CON6 TINENTAL UNITED STATES.

7 Section 411d(b) of title 37, United States Code, is

8 amended—

9 (1) in paragraph (1)—

10 (A) in the matter preceding the subpara11 graphs, by striking ‘‘from the international air12 port’’ and all that follows through ‘‘or the inter13 national airport nearest’’ and inserting in lieu

14 thereof ‘‘from the location of the member or de15 pendents, at the time notification of the personal

16 emergency is received, or’’; and

17 (B) in subparagraph (A), by striking ‘‘clos18 est to the international airport’’ and inserting in

19 lieu thereof ‘‘closest to the location’’; and

20 (2) in paragraph (4), by striking ‘‘to the inter21 national airport’’ and all that follows through the pe22 riod and inserting in lieu thereof ‘‘to the location

23 from which the member or dependent departed or the

24 member’s duty station.’’.
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1 SEC. 622. CLARIFICATION OF TRAVEL AND TRANSPOR2 TATION ALLOWANCE OF FAMILY MEMBERS IN3 CIDENT TO THE SERIOUS ILLNESS OR INJURY

4 OF MEMBERS.

5 (a) ALLOWANCE IN CASES OF BRAIN DEATH.—Sub6 section (a) of section 411h of title 37, United States Code,

7 is amended—

8 (1) in paragraph (1), by striking out ‘‘is nec9 essary for’’ and inserting in lieu thereof ‘‘may con10 tribute to’’; and

11 (2) in paragraph (2), by striking out subpara12 graph (B) and inserting in lieu thereof the following

13 new subparagraph:

14 ‘‘(B) is seriously ill, seriously injured, or in a

15 situation of imminent death, whether or not electrical

16 brain activity still exists or brain death is declared;

17 and’’.

18 (b) DEFINITION OF HEALTH AND WELFARE.—Sub19 section (b) of such section is amended by adding at the end

20 the following new paragraph:

21 ‘‘(3) In this section, the term ‘health and welfare’, with

22 respect to a member, includes a situation in which a deci23 sion must be made by family members regarding the termi24 nation of artificial life support being provided to the mem25 ber.’’.
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1 Subtitle D—Retired Pay and

2 Survivor Benefits

3 SEC. 631. ELIMINATION OF DISPARITY BETWEEN EFFEC4 TIVE DATES FOR MILITARY AND CIVILIAN RE5 TIREE COST-OF-LIVING ADJUSTMENTS FOR

6 FISCAL YEAR 1995.

7 (a) IN GENERAL.—The fiscal year 1995 increase in

8 military retired pay shall (notwithstanding subparagraph

9 (B) of section 1401a(b)(2) of title 10, United States Code)

10 first be payable as part of such retired pay for the month

11 of March 1995.

12 (b) DEFINITIONS.—For the purposes of subsection (a):

13 (1) The term ‘‘fiscal year 1995 increase in mili14 tary retired pay’’ means the increase in retired pay

15 that, pursuant to paragraph (1) of section 1401a(b)

16 of title 10, United States Code, becomes effective on

17 December 1, 1994.

18 (2) The term ‘‘retired pay’’ includes retainer

19 pay.

20 (c) LIMITATION.—Subsection (a) shall be effective only

21 if there is appropriated to the Department of Defense Mili22 tary Retirement Fund (in an Act making appropriations

23 for the Department of Defense for fiscal year 1995 that is

24 enacted before March 1, 1995) such amount as is necessary

25 to offset increased outlays to be made from that fund during
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1 fiscal year 1995 by reason of the provisions of subsection

2 (a).

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated for fiscal year 1995 to the

5 Department of Defense Military Retirement Fund the sum

6 of $376,000,000 to offset increased outlays to be made from

7 that fund during fiscal year 1995 by reason of the provi8 sions of subsection (a).

9 SEC. 632. CLARIFICATION OF CALCULATION OF RETIRED

10 PAY FOR OFFICERS WHO RETIRE IN A GRADE

11 LOWER THAN THE GRADE HELD AT RETIRE12 MENT.

13 (a) PREVENTION OF RETIRED PAY BASED ON GRADE

14 HIGHER THAN RETIRED GRADE.—Section 1401a(f) of title

15 10, United States Code, is amended—

16 (1) in the first sentence, by inserting ‘‘based on

17 the grade in which the member is retired’’ after ‘‘at

18 an earlier date’’;

19 (2) in the second sentence, by inserting ‘‘, except

20 that such computation may not be based on a rate of

21 basic pay for a grade higher than the grade in which

22 the member is retired’’ before the period at the end;

23 and

24 (3) by striking out the third sentence.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply with respect to the computation of

3 the retired pay of a member of the armed forces who retires

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

5 SEC. 633. CREDITING OF RESERVE SERVICE OF ENLISTED

6 MEMBERS FOR COMPUTATION OF RETIRED

7 PAY.

8 (a) ARMY.—(1) Section 3925 of title 10, United States

9 Code, is amended—

10 (A) in subsection (a), by striking out ‘‘and of

11 computing his retired pay under section 3991 of this

12 title,’’; and

13 (B) by striking out subsection (c).

14 (2) The table in section 3991(a)(1) of such title is

15 amended by striking out ‘‘section 3925’’ in formula B under

16 the column designated ‘‘Column 2’’ and inserting in lieu

17 thereof ‘‘section 1405’’.

18 (3) The table in section 3992 of such title is amended

19 by striking out ‘‘section 3925’’ in formula A under the col20 umn designated ‘‘Column 2’’ and inserting in lieu thereof

21 ‘‘section 1405’’.

22 (b) NAVY AND MARINE CORPS.—The table in section

23 6333(a) of title 10, United States Code, is amended by strik24 ing out ‘‘his years of active service in the armed forces’’

25 in formula C under the column designated ‘‘Column 2’’ and
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1 inserting in lieu thereof ‘‘the years of service that may be

2 credited to him under section 1405.’’.

3 (c) AIR FORCE.—(1) Section 8925 of title 10, United

4 States Code, is amended—

5 (A) in subsection (a), by striking out ‘‘and of

6 computing his retired pay under section 8991 of this

7 title,’’; and

8 (B) by striking out subsection (c).

9 (2) The table in section 8991(a)(1) of such title is

10 amended by striking out ‘‘section 8925’’ in formula B under

11 the column designated ‘‘Column 2’’ and inserting in lieu

12 thereof ‘‘section 1405’’.

13 (3) The table in section 8992 of such title is amended

14 by striking out ‘‘section 8925’’ in formula A under the col15 umn designated ‘‘Column 2’’ and inserting in lieu thereof

16 ‘‘section 1405’’.

17 (d) CONFORMING AMENDMENT.—Section 1405 of such

18 title is amended by adding at the end the following new

19 subsection:

20 ‘‘(c) EXCLUSION OF TIME REQUIRED TO BE MADE

21 UP.—Time required to be made up by an enlisted member

22 of the Army or Air Force under section 972 of this title

23 may not be counted in determining years of service under

24 subsection (a).’’.
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1 (e) EFFECTIVE DATE.—This section shall apply to the

2 computation of the retired or retainer pay of any enlisted

3 member who retires or is transferred to the Fleet Reserve

4 or the Fleet Marine Corps Reserve on or after the date of

5 the enactment of this Act.

6 SEC. 634. MINIMUM REQUIRED RESERVE SERVICE FOR ELI7 GIBILITY FOR RETIRED PAY FOR

8 NONREGULAR SERVICE DURING FORCE

9 DRAWDOWN PERIOD.

10 Section 1331 of title 10, United States Code, is amend11 ed by adding at the end the following new subsection:

12 ‘‘(f) In the case of a person who completes the service

13 requirements of subsection (a)(2) during the period begin14 ning on the date of the enactment of this subsection and

15 ending on September 30, 1999, the entitlement of that per16 son, upon application, to retired pay under this section

17 shall be determined, in the case of the requirement specified

18 in subsection (a)(3), by substituting ‘the last six years’ for

19 ‘the last eight years’.’’.

20 SEC. 635. SBP PREMIUMS FOR RESERVE-COMPONENT

21 CHILD-ONLY COVERAGE.

22 (a) DETERMINATION OF PREMIUMS.—Subsection (b) of

23 section 1452 of title 10, United States Code, is amended

24 to read as follows:

25 ‘‘(b) CHILD-ONLY ANNUITIES.—
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1 ‘‘(1) REQUIRED REDUCTION IN RETIRED PAY.—

2 The retired pay of a participant in the Plan who is

3 providing child-only coverage (as described in para4 graph (4)) shall be reduced by an amount prescribed

5 under regulations by the Secretary of Defense.

6 ‘‘(2) NO REDUCTION WHEN NO CHILD.—There

7 shall be no reduction in retired pay under paragraph

8 (1) for any month during which the participant has

9 no eligible dependent child.

10 ‘‘(3) SPECIAL RULE FOR CERTAIN RCSBP PAR11 TICIPANTS.—In the case of a participant in the Plan

12 who is participating in the Plan under an election

13 under section 1448(a)(2)(B) of this title and who pro14 vided child-only coverage during a period before the

15 participant becomes entitled to receive retired pay,

16 the retired pay of the participant shall be reduced by

17 an amount prescribed under regulations by the Sec18 retary of Defense to reflect the coverage provided

19 under the Plan during the period before the partici20 pant became entitled to receive retired pay. A reduc21 tion under this paragraph is in addition to any re22 duction under paragraph (1) and is made without re23 gard to whether there is an eligible dependent child

24 during a month for which the reduction is made.
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1 ‘‘(4) CHILD-ONLY COVERAGE DEFINED.—For the

2 purposes of this subsection, a participant in the Plan

3 who is providing child-only coverage is a participant

4 who has a dependent child and who—

5 ‘‘(A) does not have an eligible spouse or

6 former spouse; or

7 ‘‘(B) has a spouse or former spouse but has

8 elected to provide an annuity for dependent chil9 dren only.’’.

10 (b) EFFECTIVE DATE.—(1) Except as provided in

11 paragraph (2), the amendment made by subsection (a) ap12 plies to any election for child-only coverage under a reserve13 component annuity under the Survivor Benefit Plan,

14 whether made before, on, or after the date of the enactment

15 of this Act.

16 (2) Paragraph (1) does not apply in a case of an elec17 tion referred to in that paragraph that was made before

18 the date of the enactment of this Act if the participant was

19 informed, in writing, before the date of the enactment of

20 this Act that no reduction in the participant’s retired pay

21 for child-only coverage would be made during a period when

22 there was no eligible dependent child.
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1 SEC. 636. DISCONTINUATION OF INSURABLE INTEREST

2 COVERAGE UNDER SURVIVOR BENEFIT PLAN.

3 Paragraph (1) of section 1448(b) of title 10, United

4 States Code, is amended—

5 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

6 (2) by adding at the end the following:

7 ‘‘(B) An election under subparagraph (A) for a bene8 ficiary who is not the former spouse of the person providing

9 the annuity may be terminated. Any such termination shall

10 be made by a participant by the submission to the Secretary

11 concerned of a request to discontinue participation in the

12 Plan, and such participation in the Plan shall be discon13 tinued effective on the first day of the first month following

14 the month in which the request is received by the Secretary

15 concerned. Effective on such date, the Secretary concerned

16 shall discontinue the reduction being made in such person’s

17 retired pay on account of participation in the Plan or, in

18 the case of a person who has been required to make deposits

19 in the Treasury on account of participation in the Plan,

20 such person may discontinue making such deposits effective

21 on such date.

22 ‘‘(C) A request under subparagraph (B) to discontinue

23 participation in the Plan shall be in such form and shall

24 contain such information as may be required under regula25 tions prescribed by the Secretary of Defense.
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1 ‘‘(D) The Secretary concerned shall furnish promptly

2 to each person who submits a request under subparagraph

3 (B) to discontinue participation in the Plan a written

4 statement of the advantages and disadvantages of partici5 pating in the Plan and the possible disadvantages of dis6 continuing participation. A person may withdraw the re7 quest to discontinue participation if withdrawn within 30

8 days after having been submitted to the Secretary con9 cerned.

10 ‘‘(E) Once participation is discontinued, benefits may

11 not be paid in conjunction with the earlier participation

12 in the Plan and premiums paid may not be refunded. Par13 ticipation in the Plan may not later be resumed except

14 through a qualified election under paragraph (5) of sub15 section (a).’’.

16 Subtitle E—Other Matters

17 SEC. 641. AUTHORITY FOR SURVIVORS TO RECEIVE PAY18 MENT FOR ALL LEAVE ACCRUED BY DE19 CEASED MEMBERS.

20 (a) REMOVAL OF 60-DAY LIMITATION.—Subsection (d)

21 of section 501 of title 37, United States Code, is amended—

22 (1) in paragraph (1)—

23 (A) by striking out ‘‘(1)’’ after ‘‘(d)’’; and

24 (B) by striking out the last sentence and in25 serting in lieu thereof the following: ‘‘The limita-
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1 tions contained in the second sentence of sub2 section (b)(3), subsection (f), and the second sen3 tence of subsection (g) on the number of days of

4 leave for which payment may be made shall not

5 apply with respect to payments made under this

6 subsection.’’; and

7 (2) by striking out paragraph (2).

8 (b) CONFORMING AMENDMENT.—Subsection (f) of such

9 section is amended by striking out ‘‘, (d),’’ in the first sen10 tence.

11 TITLE VII—HEALTH CARE

12 PROVISIONS

13 Subtitle A—Health Care Services

14 SEC. 701. REVISION OF DEFINITION OF DEPENDENTS TO IN15 CLUDE YOUNG PEOPLE BEING ADOPTED BY

16 MEMBERS OR FORMER MEMBERS.

17 (a) ELIGIBILITY FOR HEALTH BENEFITS.—Section

18 1072 of title 10, United States Code, is amended—

19 (1) in paragraph (2)(D), by striking out ‘‘, in20 cluding an adopted child or stepchild,’’; and

21 (2) by adding at the end the following new para22 graph:

23 ‘‘(6) The term ‘child’ includes an adopted child,

24 a stepchild, or an unmarried person placed in the

25 home of a member or former member of a uniformed
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1 service by a State licensed placement agency (recog2 nized by the Secretary of Defense) in anticipation of

3 the legal adoption of the person by the member or

4 former member, who otherwise meets the requirements

5 specified in paragraph (2)(D).’’.

6 (b) CONFORMING AMENDMENT.—Section 401(b)(1)(B)

7 of title 37, United States Code, is amended by striking out

8 ‘‘placement agency for the purpose of adoption’’ and insert9 ing in lieu thereof ‘‘State licensed placement agency (recog10 nized by the Secretary of Defense) in anticipation of the

11 legal adoption of the child by the member’’.

12 SEC. 702. TREATMENT OF CERTAIN DEPENDENTS AS CHIL13 DREN FOR PURPOSES OF CHAMPUS, DEPEND14 ENTS’ DENTAL PROGRAM, AND CONTINUED

15 HEALTH BENEFITS COVERAGE.

16 (a) CHAMPUS.—Section 1079(a) of title 10, United

17 States Code, is amended in the first sentence by striking

18 out ‘‘and children’’ and inserting in lieu thereof ‘‘, children,

19 and dependents described in section 1072(2)(I) of this title’’.

20 (b) DEPENDENTS’ DENTAL PROGRAM.—Section 1076a

21 of such title is amended—

22 (1) in subsection (a)(1), by striking out ‘‘spouses

23 and children (as described in section 1072(2)(D) of

24 this title)’’ and inserting in lieu thereof ‘‘eligible de25 pendents’’;
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1 (2) in subsection (e), by striking out ‘‘spouse or

2 child’’ and inserting in lieu thereof ‘‘eligible depend3 ent’’;

4 (3) in subsection (f), by striking out ‘‘spouse or

5 children’’ both places it appears and inserting in lieu

6 thereof ‘‘eligible dependents’’; and

7 (4) by adding at the end the following new sub8 section:

9 ‘‘(h) ELIGIBLE DEPENDENT DEFINED.—In this sec10 tion, the term ‘eligible dependent’ means a spouse, child,

11 or dependent described in section 1072(2)(I) of this title of

12 a member of the uniformed services who is on active duty

13 for a period of more than 30 days.’’.

14 (c) CONTINUED HEALTH BENEFITS COVERAGE.—Sec15 tion 1078a of such title is amended—

16 (1) in subsection (b)(2)(A), by inserting before

17 the semicolon the following: ‘‘or ceases to meet the re18 quirements for being considered an unmarried de19 pendent under section 1072(2)(I) of this title’’;

20 (2) in subsection (c)(3)—

21 (A) by striking out ‘‘child’’ both places it

22 appears and inserting in lieu thereof ‘‘depend23 ent’’; and
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1 (B) by striking out ‘‘child’s’’ each place it

2 appears and inserting in lieu thereof ‘‘depend3 ent’s’’;

4 (3) in subsection (d)(2)(A)—

5 (A) by striking out ‘‘child’’ the first, second,

6 and fourth places it appears and inserting in

7 lieu thereof ‘‘dependent’’; and

8 (B) by striking out ‘‘an unmarried depend9 ent child under section 1072(2)(D) of this title,’’

10 and inserting in lieu thereof ‘‘a dependent under

11 subparagraph (D) or (I) of section 1072(2) of

12 this title;’’;

13 (4) in subsection (d)(2)(B)—

14 (A) by striking out ‘‘child’’ and inserting in

15 lieu thereof ‘‘dependent’’; and

16 (B) by striking out ‘‘child’s’’ and inserting

17 in lieu thereof ‘‘dependent’s’’;

18 (5) in subsection (g)(1)(B), by striking out ‘‘an

19 unmarried dependent child under section 1072(2)(D)

20 of this title’’ and inserting in lieu thereof ‘‘a depend21 ent under subparagraph (D) or (I) of section 1072(2)

22 of this title’’; and

23 (6) in subsection (g)(2), by striking out ‘‘child’’

24 both places it appears and inserting in lieu thereof

25 ‘‘dependent’’.
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1 SEC. 703. AUTHORIZATION FOR MEDICAL AND DENTAL

2 CARE OF ABUSED DEPENDENTS OF CERTAIN

3 MEMBERS.

4 (a) ADDITIONAL BASIS FOR CARE.—Subsection (e) of

5 section 1076 of title 10, United States Code, is amended—

6 (1) by striking out paragraph (1) and inserting

7 in lieu thereof the following new paragraph:

8 ‘‘(1) Subject to paragraph (3), if an abused dependent

9 of a member of a uniformed service described in paragraph

10 (4) needs medical or dental care for an injury or illness

11 resulting from the abuse, the administering Secretary may,

12 upon request of the abused dependent, furnish medical or

13 dental care to the dependent for the treatment of such injury

14 or illness in facilities of the uniformed services.’’; and

15 (2) by adding at the end the following new para16 graph:

17 ‘‘(4)(A) A member of a uniformed service referred to

18 in paragraph (1) is a member who—

19 ‘‘(i) receives a dishonorable or bad-conduct dis20 charge or is dismissed from a uniformed service as a

21 result of a court-martial conviction for a criminal of22 fense, under either military or civil law, involving

23 abuse of a dependent of the member; or

24 ‘‘(ii) is administratively discharged from a uni25 formed service as a result of such an offense.
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1 ‘‘(B) Whether an offense involved abuse of a dependent

2 of the member shall be determined in accordance with regu3 lations prescribed by the administering Secretary for such

4 uniformed service.’’.

5 (b) CONFORMING AMENDMENTS.—Such subsection is

6 further amended—

7 (1) in paragraph (2), by striking out ‘‘para8 graph (1)(A)’’ and inserting in lieu thereof ‘‘para9 graph (4)’’; and

10 (2) in paragraph (3)(C), by striking out ‘‘para11 graph (1)(A)’’ and inserting in lieu thereof ‘‘para12 graph (4)’’.

13 SEC. 704. ADDITIONAL AUTHORIZED HEALTH CARE SERV14 ICE AVAILABLE THROUGH MILITARY HEALTH

15 CARE SYSTEM.

16 Section 1077(b)(2)(B) of title 10, United States Code,

17 is amended by inserting after ‘‘artificial limbs’’ the follow18 ing: ‘‘, voice prostheses,’’.
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1 Subtitle B—Changes to Existing

2 Laws Regarding Health Care

3 Management

4 SEC. 711. EXPANDED USE OF PARTNERSHIP AND RESOURCE

5 SHARING PROGRAMS FOR IMPROVED COST6 EFFECTIVENESS.

7 Section 1096 of title 10, United States Code, is amend8 ed by inserting at the end the following new subsections:

9 ‘‘(d) PAYMENTS BY NON-FEDERAL PARTIES.—An

10 agreement entered into under subsection (a) may require

11 a civilian health care provider that is a party to the agree12 ment to make payments to a facility of the uniformed serv13 ices in connection with resources specified in subsection (b)

14 that are provided by the facility under the agreement.

15 Amounts received by the facility under this subsection shall

16 be credited to the appropriation supporting the mainte17 nance and operation of the facility and shall not be taken

18 into consideration in establishing the operating budget of

19 the facility.

20 ‘‘(e) REIMBURSEMENT FOR LICENSE FEES.—In the

21 case of an agreement entered into under subsection (a)

22 under which personnel of the uniformed services who are

23 assigned to a facility of the uniformed services will provide

24 health care services at a facility of a civilian health care

25 provider, the Secretary of Defense may reimburse the per-
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1 sonnel for any professional license fee that is required by

2 the governmental jurisdiction in which the civilian health

3 care facility is located and is paid by the personnel if the

4 Secretary determines that such reimbursement is necessary

5 to effectively implement the agreement. The amount of such

6 reimbursement may not exceed $500 per person.’’.

7 SEC. 712. IMPOSITION OF ENROLLMENT FEES FOR MAN8 AGED CARE PLANS.

9 Section 1097(c) of title 10, United States Code, is

10 amended by adding at the end the following new sentence:

11 ‘‘In the case of contracts for health care services under this

12 section or health care plans offered under section 1099 of

13 this title for which the Secretary permits covered bene14 ficiaries who are covered by section 1086 of this title and

15 who participate in such contracts or plans to pay an enroll16 ment fee in lieu of meeting the deductible amount specified

17 in section 1086(b) of this title, the Secretary may establish

18 the same (or a lower) enrollment fee for covered beneficiaries

19 described in section 1086(d)(1) of this title who also partici20 pate in such contracts or plans.’’.

21 SEC. 713. STRENGTHENING MANAGED HEALTH CARE

22 AUTHORITIES.

23 (a) AMENDMENTS TO ALTERNATIVE HEALTH CARE

24 DELIVERY CONTRACTS AUTHORITY.—Section 1097 of title

25 10, United States Code, is amended—
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1 (1) by redesignating subsection (c) (as amended

2 by section 712) as subsection (e); and

3 (2) by inserting after subsection (b) the following

4 new subsections:

5 ‘‘(c) COORDINATION WITH FACILITIES OF THE UNI6 FORMED SERVICES.—The Secretary of Defense may provide

7 for the coordination of health care services provided pursu8 ant to any contract or agreement under this section with

9 those services provided in medical treatment facilities of the

10 uniformed services. Subject to the availability of space and

11 facilities and the capabilities of the medical or dental staff,

12 the Secretary may not deny access to facilities of the uni13 formed services to covered beneficiaries based on enrollment

14 or declination of enrollment in any program established

15 under, or operating in connection with, any contract under

16 this section. However, the Secretary may, as an incentive

17 for enrollment, establish reasonable preferences for services

18 in facilities of the uniformed services for covered bene19 ficiaries enrolled in any program established under, or op20 erating in connection with, any contract under this section.

21 ‘‘(d) COORDINATION WITH OTHER HEALTH CARE

22 PROGRAMS.—In the case of a covered beneficiary who has

23 enrolled in a managed health care program not operated

24 under the authority of this chapter, the Secretary may con25 tract under this section with such other managed health
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1 care program for the purpose of coordinating the bene2 ficiary’s dual entitlements under such program and this

3 chapter. A managed health care program with which ar4 rangements may be made under this subsection includes

5 any health maintenance organization, competitive medical

6 plan, health care prepayment plan, or other managed care

7 program recognized pursuant to regulations issued by the

8 Secretary.’’.

9 (b) AMENDMENTS TO THIRD PARTY COLLECTIONS

10 PROGRAM AUTHORITY.—Section 1095 of title 10, United

11 States Code, is amended—

12 (1) in subsection (b), by striking out ‘‘if that

13 care’’ and all that follows through the period and in14 serting in lieu thereof the following: ‘‘shall operate to

15 prevent collection by the United States under sub16 section (a) if that care is provided—

17 ‘‘(1) through a facility of the uniformed services;

18 ‘‘(2) directly or indirectly by a governmental en19 tity;

20 ‘‘(3) to an individual who has no obligation to

21 pay for that care or for whom no other person has a

22 legal obligation to pay; or

23 ‘‘(4) by a provider with which the third party

24 payer has no participation agreement.’’;
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1 (2) in subsection (d), by inserting ‘‘and except as

2 provided in subsection (j),’’ after ‘‘(b),’’;

3 (3) in subsection (h)(1), by adding at the end the

4 following new sentence: ‘‘Such term also includes enti5 ties described in subsection (j) under the terms and to

6 the extent provided in such subsection.’’; and

7 (4) by adding at the end the following new sub8 section:

9 ‘‘(j) The Secretary of Defense may enter into an agree10 ment with any health maintenance organization, competi11 tive medical plan, health care prepayment plan, or other

12 similar plan (pursuant to regulations issued by the Sec13 retary) providing for collection under this section from such

14 organization or plan for services provided to a covered bene15 ficiary who is an enrollee in such organization or plan.’’.

16 SEC. 714. DELAY IN DEADLINE FOR USE OF HEALTH MAIN17 TENANCE ORGANIZATION MODEL AS OPTION

18 FOR MILITARY HEALTH CARE.

19 Section 731 of the National Defense Authorization Act

20 for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1696;

21 10 U.S.C. 1073 note) is amended—

22 (1) in subsection (a), by striking out ‘‘after the

23 date of the enactment of this Act’’ and inserting in

24 lieu thereof ‘‘after December 31, 1994’’;
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1 (2) in subsection (e), by striking out ‘‘February

2 1, 1994’’ and inserting in lieu thereof ‘‘December 31,

3 1994’’; and

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

6 ‘‘(f) MODIFICATION OF EXISTING CONTRACTS.—In the

7 case of managed health care contracts in effect or in final

8 stages of acquisition as of December 31, 1994, the Secretary

9 may modify such contracts to incorporate the health benefit

10 option required under subsection (a).’’.

11 SEC. 715. LIMITATION ON REDUCTION IN NUMBER OF RE12 SERVE COMPONENT MEDICAL PERSONNEL.

13 Section 518(a) of the National Defense Authorization

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

15 2407) is amended—

16 (1) by inserting before the period at the end the

17 following: ‘‘, unless the Secretary certifies to Congress

18 that the number of such personnel to be reduced in a

19 particular military department is excess to the cur20 rent and projected needs for personnel in the Selected

21 Reserve of that military department’’; and

22 (2) by adding at the end the following new sen23 tence: ‘‘The assessment of current and projected per24 sonnel needs under this subsection shall be consistent

25 with the wartime requirements for Selected Reserve
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1 personnel identified in the final report on the com2 prehensive study of the military medical care system

3 prepared pursuant to section 733 of the National De4 fense Authorization Act for Fiscal Years 1992 and

5 1993 (Public Law 102–190; 10 U.S.C. 1071 note).’’.

6 Subtitle C—Other Matters

7 SEC. 721. DELAY IN CLOSURE OF ARMY HOSPITAL AT

8 VICENZA, ITALY.

9 (a) CLOSURE DELAY.—During fiscal year 1995, the

10 Secretary of the Army may not reduce the level of medical

11 care services provided by the United States Army Hospital

12 at Vicenza, Italy.

13 (b) REPORT ON HOSPITAL.—Not later than March 1,

14 1995, the Secretary of Defense shall submit to Congress a

15 report regarding the operation of the Army Hospital at

16 Vicenza, Italy. The report shall contain the following:

17 (1) A description of the number and demo18 graphic characteristics of members of the Armed

19 Forces on active duty and covered beneficiaries under

20 chapter 55 of title 10, United States Code, who typi21 cally receive medical care services at the hospital, in22 cluding those members and covered beneficiaries sta23 tioned or residing at (or in the immediate vicinity of)

24 Aviano Air Force Base and Camp Darby.
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1 (2) An analysis of the projected costs or savings,

2 including the cost of CHAMPUS benefits, resulting

3 from the programmed closure of the hospital.

4 (3) A description of the differences in practice

5 patterns between American and Italian doctors, such

6 as differences in the normal lengths of stay for the

7 most frequent inpatient admissions (including child8 birth) and the availability of alternative methods of

9 providing anesthesia during childbirth.

10 (4) An analysis of the feasibility of establishing

11 a birthing center for the area and patients currently

12 served by the hospital, to be staffed primarily by

13 American nurse-midwives.

14 (5) A detailed plan for ensuring the availability

15 of quality medical care, consistent with American

16 medical practice patterns, for covered beneficiaries re17 siding in Northern Italy.

18 SEC. 722. DEMONSTRATION PROGRAM FOR ADMISSION OF

19 CIVILIANS AS PHYSICIAN ASSISTANT STU20 DENTS AT ACADEMY OF HEALTH SCIENCES,

21 FORT SAM HOUSTON, TEXAS.

22 (a) CIVILIAN ATTENDANCE.—The Secretary of the

23 Army may enter into a reciprocal agreement with an ac24 credited institution of higher education under which stu25 dents of the institution may attend the didactic portion of
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1 the physician assistant training program conducted by the

2 Army Medical Department at the Academy of Health

3 Sciences at Fort Sam Houston, Texas, in exchange for the

4 provision of such academic services by the institution as

5 the Secretary and the institution consider to be appropriate

6 to support the physician assistant training program. The

7 Secretary shall ensure that the Army Medical Department

8 does not incur any additional costs as a result of the agree9 ment than the Department would incur to obtain academic

10 services for the physician assistant training program in the

11 absence of the agreement.

12 (b) SELECTION OF STUDENTS.—(1) Subject to para13 graph (2), not more than 20 civilian students per year may

14 receive instruction at the Academy pursuant to the agree15 ment under subsection (a). In consultation with the institu16 tion of higher education that is a party to the agreement,

17 the Secretary shall establish qualifications and methods of

18 selection for civilian students to receive instruction at the

19 Academy. The qualifications established shall be comparable

20 to those generally required for admission to the physician

21 assistant training program at the Academy.

22 (2) The Secretary shall ensure that members of the

23 Armed Forces are not denied enrollment in the physician

24 assistant training program in order to permit the attend25 ance of civilian students. The maximum annual enrollment
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1 for the program may not be increased solely for the purpose

2 of permitting civilian students to attend the program.

3 (c) RULES OF ATTENDANCE.—Except as the Secretary

4 determines necessary, a civilian student who receives in5 struction at the Academy pursuant to the agreement under

6 subsection (a) shall be subject to the same regulations gov7 erning attendance, discipline, discharge, and dismissal as

8 apply to military students attending the Academy.

9 (d) TERM AND TERMINATION OF AGREEMENT.—The

10 term of the agreement entered into under subsection (a) may

11 not extend beyond September 30, 1997. Either party to the

12 agreement may terminate the agreement at any time before

13 that date.

14 (e) REPORT.—For each year in which the agreement

15 under subsection (a) is in effect, the Secretary shall submit

16 to Congress a report specifying the number of civilian stu17 dents who received instruction at the Academy under the

18 agreement during the period covered by the report and

19 accessing the benefits to the United States of the agreement.

20 (f) ACADEMY DEFINED.—For purposes of this section,

21 the term ‘‘Academy’’ means the Academy of Health Sciences

22 of the Army Medical Department at Fort Sam Houston,

23 Texas.
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1 SEC. 723. REPORT ON EXPANDED USE OF NONAVAILABILITY

2 OF HEALTH CARE STATEMENTS.

3 (a) REPORT REQUIRED.—Not later than December 31,

4 1994, the Secretary of Defense shall submit to Congress a

5 report describing the plans (if any) of the Department of

6 Defense to use the authority provided in sections 1080(b)

7 and 1086(e) of title 10, United States Code, regarding mak8 ing a determination whether to issue a nonavailability of

9 health care statement. The report shall include an analysis

10 of the impact of such plans on—

11 (1) the freedom of choice of covered beneficiaries

12 in selecting their health care providers;

13 (2) the access of covered beneficiaries to health

14 care services;

15 (3) the quality and continuity of health care

16 services;

17 (4) the clarity and understandability of the ap18 plicable requirements regarding issuance

19 nonavailability of health care statements; and

20 (5) the health care costs incurred by the United

21 States and covered beneficiaries.

22 (b) USE OF AUTHORITY.—During the period begin23 ning on the date of the enactment of this Act and ending

24 90 days after the date the Secretary submits the report re25 quired by subsection (a), the Secretary may not—
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1 (1) expand the number or size of the geographi2 cal areas in which the Secretary is currently using

3 the authority provided by sections 1080(b) and

4 1086(e) of title 10, United States Code; or

5 (2) implement or use such authority in a man6 ner inconsistent with the manner in which such au7 thority was implemented or used as of February 1,

8 1994.

9 SEC. 724. SENSE OF CONGRESS ON CONTINUITY OF HEALTH

10 CARE SERVICES FOR COVERED BENE11 FICIARIES IN CERTAIN AREAS AFFECTED BY

12 BASE CLOSURES.

13 (a) SENSE OF CONGRESS.—It is the sense of Congress

14 that the Secretary of Defense should take all appropriate

15 steps, including a limited continuation of services for man16 aged health care currently provided to covered beneficiaries

17 described in subsection (b) who are eligible for such services,

18 to ensure the continuity of health care services for such bene19 ficiaries during the procurement, transition, and initial

20 implementation phases of the TRICARE managed care sup21 port contract for Health Services Region Six of the Military

22 Health Services System of Department of Defense.

23 (b) COVERED BENEFICIARIES DESCRIBED.—The cov24 ered beneficiaries referred to in subsection (a) are covered

25 beneficiaries under chapter 55, United States Code, who re-
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1 side in areas adversely affected by the closure of England

2 Air Force Base, Louisiana, Bergstrom Air Force Base,

3 Texas, or Carswell Air Force Base, Texas, and for whom

4 the Secretary of Defense established a contracted managed

5 health care program, as required by section 9032 of the De6 partment of Defense Appropriations Act, 1993 (P.L. 102–

7 396; 106 Stat. 1907).

8 SEC. 725. ORAL TYPHOID VACCINE INVENTORY OF DEPART9 MENT OF DEFENSE.

10 (a) NUMBER OF DOSES MAINTAINED IN INVENTORY.—

11 The Secretary of Defense shall direct that the number of

12 doses of oral typhoid vaccine maintained in inventory by

13 the Department of Defense during a fiscal year is not less

14 than the number of doses of parenteral injection typhoid

15 vaccine maintained in inventory by the Department during

16 that fiscal year.

17 (b) WAIVER.—The Secretary of Defense may waive the

18 applicability of subsection (a) for a fiscal year if the Sec19 retary determines that the waiver is necessary for reasons

20 of national security and notifies Congress of the reasons for

21 the waiver.
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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS

5 Subtitle A—Acquisition Assistance

6 Programs

7 SEC. 801. PROCUREMENT TECHNICAL ASSISTANCE PRO8 GRAMS.

9 Of the amount authorized to be appropriated in section

10 301(5), $12,000,000 shall be available for carrying out the

11 provisions of chapter 142 of title 10, United States Code.

12 Subtitle B—Acquisition

13 Improvement

14 PART I—GENERAL IMPROVEMENTS

15 SEC. 811. CONGRESSIONAL DEFENSE PROCUREMENT POL16 ICY.

17 Section 2301 of title 10, United States Code, is amend18 ed to read as follows:

19 ‘‘§ 2301. Congressional defense procurement policy

20 ‘‘(a) The Congress finds that in order to ensure na21 tional defense preparedness; conserve fiscal resources; en22 hance science and technology, research and development,

23 and production capability; provide for continued develop24 ment and preservation of an efficient and responsive defense

25 industrial base; and ensure the financial and ethical integ-
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1 rity of defense procurement programs, it is in the interest

2 of the United States that property and services be acquired

3 for the Department of Defense in the most timely, economic,

4 and efficient manner consistent with achieving an optimum

5 balance among efficient processes, full and open access to

6 the procurement system, and sound implementation of so7 cioeconomic policies. It is therefore the policy of Congress

8 that—

9 ‘‘(1) full and open competitive procedures shall

10 be used by the Department of Defense in accordance

11 with the requirements of this chapter;

12 ‘‘(2) to the maximum extent practicable, the De13 partment of Defense shall acquire commercial items to

14 meet its needs and shall require prime contractors

15 and subcontractors, at all levels, which furnish other

16 than commercial items, to incorporate to the maxi17 mum extent practicable commercial items as compo18 nents of items being supplied to the Department;

19 ‘‘(3) when commercial items and components are

20 not available, practicable, or cost effective, the De21 partment of Defense shall acquire, and shall require

22 prime contractors and subcontractors to incorporate,

23 nondevelopmental items and components to the maxi24 mum extent practicable;
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1 ‘‘(4) property and services for the Department of

2 Defense may be acquired by any kind of contract,

3 other than cost-plus-a-percentage-of-cost contracts, but

4 including multiyear contracts, that will promote the

5 interest of the United States and will provide for ap6 propriate allocation of risk between the Government

7 and the contractor with due regard to the nature of

8 the property or services to be acquired;

9 ‘‘(5) contracts, when appropriate, shall provide

10 incentives to contractors to improve productivity

11 through investment in capital facilities, equipment,

12 flexible manufacturing processes, and advanced and

13 dual-use technology;

14 ‘‘(6) contracts for advance procurement of com15 ponents, parts, and materials necessary for manufac16 ture or for logistics support of a weapon system

17 should, if practicable, be entered into in a manner to

18 achieve economic-lot purchases and more efficient pro19 duction rates;

20 ‘‘(7) procurement protests and disputes shall be

21 fairly and expeditiously resolved through uniform in22 terpretation of relevant laws and regulations;

23 ‘‘(8) the head of an agency shall use advance

24 procurement planning and market research and de25 velop contract requirements in such a manner as is
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1 necessary to obtain full and open competition with

2 due regard to the nature of the property or services

3 to be acquired; but may restrict competitions to sup4 pliers of commercial items to foster accomplishment of

5 the above objective; and

6 ‘‘(9) the head of an agency shall develop and

7 maintain an acquisition career management program

8 to ensure a professional acquisition work force in ac9 cordance with the requirements of chapter 87 of this

10 title.

11 ‘‘(b) Further, it is the policy of Congress that procure12 ment policies and procedures for the agencies named in sec13 tion 2303 of this title shall, in accordance with the require14 ments of this title—

15 ‘‘(1) be issued in accordance with and conform

16 to the requirements of sections 22 and 25 of the Office

17 of Federal Procurement Policy Act (41 U.S.C. 418b

18 and 421);

19 ‘‘(2) promote and implement the Congressional

20 policies in subsection (a) of this section and section

21 2 of the Office of Federal Procurement Policy Act (41

22 U.S.C. 401);

23 ‘‘(3) be implemented to support the requirements

24 of such agencies in time of war or national emergency

25 as well as in peacetime;
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1 ‘‘(4) promote responsiveness of the procurement

2 system to agency needs by—

3 ‘‘(A) simplifying and streamlining procure4 ment processes; and

5 ‘‘(B) providing incentives to encourage con6 tractors to take actions and make recommenda7 tions that would reduce the costs of property or

8 services to be acquired;

9 ‘‘(5) facilitate the acquisition of commercial

10 items and commercial components at or based on

11 commercial market prices, without requiring contrac12 tors to change their business practices; and

13 ‘‘(6) promote the acquisition and use of commer14 cial items, commercial components, and non15 developmental items by requiring descriptions of

16 agency requirements, whenever practicable, in terms

17 of functions to be performed or performance required.

18 ‘‘(c) Further, it is the policy of Congress that 20 per19 cent of the purchases and contracts entered into under this

20 chapter should be placed with small business concerns and

21 that 5 percent of the purchases and contracts entered into

22 under this chapter should be placed with concerns that are

23 small disadvantaged businesses.

24 ‘‘(d) It is also the policy of Congress that qualified

25 nonprofit agencies for the blind or severely handicapped (as
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1 defined in section 2410d(b) of this title) shall be afforded

2 the maximum practicable opportunity to provide approved

3 commodities and services (as defined in such section) as

4 subcontractors and suppliers under contracts awarded by

5 the Department of Defense.’’.

6 SEC. 812. REPEAL OF REQUIREMENT RELATING TO PRO7 DUCTION SPECIAL TOOLING AND PRODUC8 TION SPECIAL TEST EQUIPMENT.

9 (a) REPEAL.—Section 2329 of title 10, United States

10 Code, is repealed.

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

12 the beginning of chapter 137 of such title is amended by

13 striking out the item related to section 2329.

14 SEC. 813. REPEAL OF VOUCHERING PROCEDURES SECTION.

15 (a) REPEAL.—Section 2355 of title 10, United States

16 Code, is repealed.

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

18 the beginning of chapter 139 of such title is amended by

19 striking out the item relating to section 2355.

20 SEC. 814. CLARIFICATION OF PROVISION RELATING TO

21 QUALITY CONTROL OF CERTAIN SPARE

22 PARTS.

23 The second sentence of subsection (a) of section 2383

24 of title 10, United States Code, is amended to read as fol25 lows: ‘‘In establishing the appropriate qualification require-
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1 ments, the Secretary of Defense shall use the Department

2 of Defense qualification requirements that were used to

3 qualify the original production part, unless the Secretary

4 determines in writing—

5 ‘‘(A) that there are other requirements suffi6 ciently similar to those requirements that should be

7 used instead; or

8 ‘‘(B) that any or all such requirements are un9 necessary.’’.

10 SEC. 815. CONTRACTOR GUARANTEES REGARDING WEAPON

11 SYSTEMS.

12 (a) REPEAL OF REQUIREMENT FOR REPORT ON WAIV13 ERS.—Subsection (e) of section 2403 of title 10, United

14 States Code, is amended—

15 (1) by striking out ‘‘(1)’’; and

16 (2) by striking out paragraph (2).

17 (b) PROVISIONS TO BE ADDRESSED BY REGULA18 TIONS.—Subsection (h) of such section is amended—

19 (1) by redesignating paragraph (2) as para20 graph (3); and

21 (2) by inserting after paragraph (1) the follow22 ing new paragraph (2):

23 ‘‘(2) The regulations shall include the following:

24 ‘‘(A) Guidelines for negotiating contractor guar25 antees that are reasonable and cost effective, as deter-
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1 mined on the basis of the likelihood of defects and the

2 estimated cost of correcting such defects.

3 ‘‘(B) Procedures for administering contractor

4 guarantees.

5 ‘‘(C) Guidelines for determining the cases in

6 which it may be appropriate to waive the require7 ments of this section.’’.

8 PART II—MAJOR SYSTEMS STATUTES

9 SEC. 821. WEAPON DEVELOPMENT AND PROCUREMENT

10 SCHEDULES.

11 (a) DEADLINE AND PURPOSE.—Subsection (a) of sec12 tion 2431 of title 10, United States Code, is amended—

13 (1) in the first sentence—

14 (A) by striking out ‘‘at the same time’’ and

15 inserting in lieu thereof ‘‘not later than 45 days

16 after’’; and

17 (B) by striking out ‘‘a written report’’ and

18 inserting in lieu thereof ‘‘budget justification

19 documents’’; and

20 (2) in the second and third sentences, by striking

21 out ‘‘report’’ and inserting in lieu thereof ‘‘docu22 ments’’.

23 (b) ADDITIONAL MATTERS TO BE INCLUDED.—Sub24 section (b) of such section is amended—
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1 (1) by striking out ‘‘include—’’ and inserting in

2 lieu thereof ‘‘include each of the following:’’;

3 (2) by capitalizing the first word in each of

4 paragraphs (1), (2), and (3);

5 (3) by striking out the semicolon at the end of

6 paragraphs (1) and (2) and inserting in lieu thereof

7 a period;

8 (4) by striking out ‘‘; and’’ at the end of para9 graph (3) and inserting in lieu thereof a period; and

10 (5) by amending paragraph (4) to read as fol11 lows:

12 ‘‘(4)(A) The most efficient production rate, the

13 most efficient acquisition rate, and the minimum sus14 taining rate, consistent with the program priority es15 tablished for such weapon system by the Secretary

16 concerned.

17 ‘‘(B) In this paragraph:

18 ‘‘(i) The term ‘most efficient production

19 rate’ means the maximum rate for each budget

20 year at which the weapon system can be pro21 duced with existing or planned plant capacity

22 and tooling, with one shift a day running for

23 eight hours a day and five days a week.

24 ‘‘(ii) The term ‘minimum sustaining rate’

25 means the production rate for each budget year
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1 that is necessary to keep production lines open

2 while maintaining a base of responsive vendors

3 and suppliers.’’.

4 SEC. 822. SELECTED ACQUISITION REPORT REQUIREMENT.

5 (a) DEFINITION OF PROCUREMENT UNIT COST.—

6 (1) DEFINITION.—Paragraph (2) of section

7 2432(a) of title 10, United States Code, is amended—

8 (A) in clause (A), by striking out ‘‘for a fis9 cal year’’ and all that follows through ‘‘such pro10 gram in such fiscal year’’;

11 (B) in clause (B), by striking out ‘‘with

12 such funds during such fiscal year.’’ and insert13 ing in lieu thereof a period; and

14 (C) by striking out the last sentence.

15 (2) CONFORMING AMENDMENTS.—Section 2433

16 of such title is amended—

17 (A) in subparagraph (B) of subsection

18 (c)(1), by striking out ‘‘current’’ before ‘‘procure19 ment unit cost’’;

20 (B) in subsection (d), by striking out ‘‘cur21 rent’’ before ‘‘procurement unit cost’’ each place

22 it appears; and

23 (C) in subsection (e), by striking out ‘‘cur24 rent’’ before ‘‘procurement unit cost’’ both places

25 it appears.
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1 (b) EXCLUSION OF FIRM, FIXED-PRICE CONTRACTS.—

2 Subsection (a) of section 2432 of such title is amended in

3 paragraph (3) by inserting before the period at the end the

4 following: ‘‘and that is not a firm, fixed price contract’’.

5 (c) DEFINITION OF FULL LIFE-CYCLE COST.—Such

6 subsection is further amended in paragraph (4) by striking

7 out ‘‘has the meaning’’ and all that follows through the end

8 of the paragraph and inserting in lieu thereof the following:

9 ‘‘means all costs of development, procurement, military con10 struction, and operations and support, without regard to

11 funding source or management control.’’.

12 (d) NOTICE OF PROPOSED CHANGES IN SAR.—Sub13 section (c) of such section is amended in paragraph (2) by

14 striking out the second sentence and inserting in lieu thereof

15 the following: ‘‘Whenever the Secretary of Defense proposes

16 to make changes in the content of a Selected Acquisition

17 Report, the Secretary shall submit a notice of the proposed

18 changes to such committees. The changes shall be considered

19 approved by the Secretary, and may be incorporated into

20 the report, only after the end of the 60-day period beginning

21 on the date on which the notice is received by those commit22 tees.’’.

23 (e) ELIMINATION OF CERTAIN SAR REQUIREMENTS.—

24 Such subsection is further amended in paragraph (3) by

25 striking out subparagraph (C).
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1 (f) UNIFORM IMPLEMENTATION OF LIFE-CYCLE COST

2 ANALYSIS.—Such subsection is further amended—

3 (1) by striking out paragraph (5); and

4 (2) by adding at the end of subparagraph (A) of

5 paragraph (3) the following: ‘‘The Secretary of De6 fense shall ensure that this subparagraph is imple7 mented in a uniform manner, to the extent prac8 ticable, throughout the Department of Defense.’’.

9 (g) DEADLINE REVISION.—Subsection (f) of such sec10 tion is amended by striking out ‘‘60 days’’ in the first sen11 tence and inserting in lieu thereof ‘‘45 days’’.

12 (h) ELIMINATION OF PRELIMINARY REPORT.—Such

13 subsection is further amended by striking out the second

14 sentence.

15 (i) TERMINOLOGY CORRECTIONS.—Such section is fur16 ther amended as follows:

17 (1) Subsection (b)(3)(A) is amended by striking

18 out ‘‘full-scale development or’’ in clause (i).

19 (2) Subsection (c)(3) is amended by striking out

20 ‘‘full-scale engineering’’ in subparagraph (A) and in21 serting in lieu thereof ‘‘engineering and manufactur22 ing’’.

23 (3) Subsection (h)(1) is amended by striking out

24 ‘‘full-scale engineering’’ both places it appears and in-
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1 serting in lieu thereof ‘‘engineering and manufactur2 ing’’.

3 SEC. 823. UNIT COST REPORT REQUIREMENT.

4 (a) REVISION OF BASELINE REPORT DEFINITIONS.—

5 (1) REVISION.—Section 2433(a) of title 10,

6 United States Code, is amended—

7 (A) in paragraph (2)—

8 (i) by striking out ‘‘Baseline Selected

9 Acquisition Report’’ and inserting in lieu

10 thereof ‘‘Baseline Estimate’’; and

11 (ii) by striking out ‘‘Selected Acquisi12 tion Report in which’’ and all that follows

13 through the end of the paragraph and in14 serting in lieu thereof ‘‘cost estimate in15 cluded in the baseline description for the

16 program under section 2435 of this title.’’;

17 and

18 (B) by striking out paragraph (4).

19 (2) CONFORMING AMENDMENTS.—Section 2433

20 of such title is further amended—

21 (A) in subsection (c)(1), by striking out

22 ‘‘Baseline Report’’ in subparagraphs (A) and

23 (B) and inserting in lieu thereof ‘‘Baseline Esti24 mate’’; and
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1 (B) in subsection (d), by striking out ‘‘Base2 line Report’’ in paragraphs (1) and (2) and in3 serting in lieu thereof ‘‘Baseline Estimate’’.

4 (b) CONTENTS OF UNIT COST REPORT.—Section

5 2433(b) of such title is amended in paragraph (3) by strik6 ing out ‘‘Baseline Report was submitted.’’ and inserting in

7 lieu thereof ‘‘contract was entered into.’’.

8 (c) ELIMINATION OF CERTAIN UNIT COST REPORT RE9 QUIREMENT.—Section 2433(c) of such title, as amended by

10 subsection (a), is further amended—

11 (1) by striking out paragraph (2);

12 (2) by striking out ‘‘(1)’’ after ‘‘(c)’’; and

13 (3) by redesignating subparagraphs (A), (B),

14 and (C) as paragraphs (1), (2), and (3), respectively.

15 (d) CONSTANT BASE YEAR DOLLARS.—Section 2433(f)

16 of such title is amended by striking out ‘‘include expected

17 inflation’’ and inserting in lieu thereof ‘‘be stated in terms

18 of constant base year dollars (as described in section 2430

19 of this title)’’.

20 (e) CONTENTS OF SAR.—Subparagraph (I) of section

21 2433(g)(1) of such title is amended to read as follows:

22 ‘‘(I) The type of the Baseline Estimate that was

23 included in the baseline description under section

24 2435 of this title and the date of the Baseline Esti25 mate.’’.
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1 SEC. 824. REQUIREMENT FOR INDEPENDENT COST ESTI2 MATES AND MANPOWER ESTIMATES BEFORE

3 DEVELOPMENT OR PRODUCTION.

4 (a) CONTENT AND SUBMISSION OF ESTIMATES.—Sec5 tion 2434 of title 10, United States Code, is amended by

6 striking out subsection (b) and inserting in lieu thereof the

7 following:

8 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

9 prescribe regulations governing the content and submission

10 of the estimates required by subsection (a). The regulations

11 shall require—

12 ‘‘(1) that the independent estimate of the full

13 life-cycle cost of a program—

14 ‘‘(A) be prepared by an office or other en15 tity that is not directly responsible for carrying

16 out the development or acquisition of the pro17 gram; and

18 ‘‘(B) include all costs of development, pro19 curement, military construction, and operations

20 and support, without regard to funding source or

21 management control; and

22 ‘‘(2) that the manpower estimate include the

23 total personnel required—

24 ‘‘(A) to operate, maintain, and support the

25 program upon full operational deployment; and
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1 ‘‘(B) to train personnel to carry out the ac2 tivities referred to in subparagraph (A).’’.

3 (b) TERMINOLOGY CORRECTION AND OTHER AMEND4 MENT.—Subsection (a) of such section is amended—

5 (1) by striking out ‘‘full-scale engineering devel6 opment’’ and inserting in lieu thereof ‘‘engineering

7 and manufacturing development’’; and

8 (2) by striking out ‘‘cost of the program, together

9 with’’ and inserting in lieu thereof ‘‘full life-cycle cost

10 of the program, and’’.

11 SEC. 825. BASELINE DESCRIPTION.

12 (a) IN GENERAL.—Section 2435 of title 10, United

13 States Code, is amended to read as follows:

14 ‘‘§ 2435. Baseline description

15 ‘‘(a) BASELINE DESCRIPTION REQUIREMENT.—(1)

16 The Secretary of a military department shall establish a

17 baseline description for each major defense acquisition pro18 gram under the jurisdiction of such Secretary.

19 ‘‘(2) The baseline shall include sufficient parameters

20 to describe the cost estimate (referred to as the ‘Baseline

21 Estimate’ in section 2433 of this title), schedule, and per22 formance of such major defense acquisition program.

23 ‘‘(3) No amount appropriated or otherwise made

24 available to the Department of Defense for carrying out a

25 major defense acquisition program may be obligated with-
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1 out an approved baseline description unless such obligation

2 is specifically approved by the Under Secretary of Defense

3 for Acquisition and Technology.

4 ‘‘(4) A baseline description for a major defense acquisi5 tion program shall be established—

6 ‘‘(A) before the program enters engineering and

7 manufacturing development; and

8 ‘‘(B) before the program enters production and

9 deployment.

10 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

11 prescribe regulations governing—

12 ‘‘(1) the content of baseline descriptions;

13 ‘‘(2) the submission of reports on deviations of a

14 program from the baseline description by the program

15 manager to the Secretary of the military department

16 concerned and the Under Secretary of Defense for Ac17 quisition and Technology;

18 ‘‘(3) procedures for review of such deviation re19 ports within the Department of Defense; and

20 ‘‘(4) procedures for submission to, and approval

21 by, the Secretary of Defense of revised baseline de22 scriptions.’’.

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

24 the beginning of chapter 144 of such title is amended by
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1 amending the item relating to section 2435 to read as fol2 lows:

‘‘2435. Baseline description.’’.

3 SEC. 826. REPEAL OF REQUIREMENT FOR COMPETITIVE

4 PROTOTYPING IN MAJOR PROGRAMS.

5 (a) REPEAL.—Section 2438 of title 10, United States

6 Code, is repealed.

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

8 the beginning of chapter 144 of such title is amended by

9 striking out the item relating to section 2438.

10 SEC. 827. REPEAL OF REQUIREMENT FOR COMPETITIVE AL11 TERNATIVE SOURCES IN MAJOR PROGRAMS.

12 (a) REPEAL.—Section 2439 of title 10, United States

13 Code, is repealed.

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

15 the beginning of chapter 144 of such title is amended by

16 striking out the item relating to section 2439.

17 PART III—TESTING STATUTES

18 SEC. 831. AUTHORIZATION OF LESS THAN FULL-UP TEST19 ING.

20 Section 2366(c) of title 10, United States Code, is

21 amended—

22 (1) by redesignating paragraph (2) as para23 graph (4);

24 (2) by designating the second sentence of para25 graph (1) as paragraph (3) and in that paragraph by
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1 striking out ‘‘such certification’’ and inserting in lieu

2 thereof ‘‘certification under paragraph (1) or (2)’’;

3 and

4 (3) by inserting before paragraph (3) (as so des5 ignated) the following new paragraph:

6 ‘‘(2) In the case of a covered system (or covered product

7 improvement program for a covered system), the Secretary

8 may waive the application of the survivability and lethality

9 tests of this section to such system or program and instead

10 allow testing of the system or program in combat by firing

11 munitions likely to be encountered in combat at compo12 nents, subsystems, and subassemblies, together with per13 forming design analyses, modeling and simulation, and

14 analysis of combat data, if the Secretary certifies to Con15 gress that the survivability and lethality testing of such sys16 tem or program otherwise required by this section would

17 be unreasonably expensive and impracticable.’’.

18 SEC. 832. LIMITATION ON QUANTITIES TO BE PROCURED

19 FOR LOW-RATE INITIAL PRODUCTION.

20 Section 2400(a) of title 10, United States Code, is

21 amended—

22 (1) in paragraph (2)—

23 (A) by striking out ‘‘paragraph (1)’’ and

24 inserting in lieu thereof ‘‘this section’’; and
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1 (B) by striking out ‘‘full-scale engineering

2 development’’ and inserting in lieu thereof ‘‘engi3 neering and manufacturing development’’;

4 (2) by redesignating paragraph (4) as para5 graph (5) and in that paragraph by inserting after

6 the first sentence the following: ‘‘If the quantity ex7 ceeds 10 percent of the total number of articles to be

8 produced, as determined at the milestone II decision

9 with respect to that system, the Secretary shall in10 clude in the statement the reasons for such quantity.’’;

11 and

12 (3) by inserting after paragraph (3) the follow13 ing new paragraph (4):

14 ‘‘(4) The quantity of articles of a major system that

15 may be procured for low-rate initial production may not

16 be less than one operationally configured production unit

17 unless another quantity is established at the milestone II

18 decision.’’.

19 SEC. 833. OPERATIONAL TEST AND EVALUATION OF DE20 FENSE ACQUISITION PROGRAMS.

21 (a) AUTHORITY TO USE DIFFERENT PROCEDURES.—

22 Section 2399(b) of title 10, United States Code, is amend23 ed—

24 (1) by redesignating paragraph (5) as para25 graph (6); and
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1 (2) by inserting after paragraph (4) the follow2 ing new paragraph (5):

3 ‘‘(5) The Secretary of Defense may, for a particular

4 major defense acquisition program, prescribe and apply

5 operational test and evaluation procedures other than those

6 provided under subsection (a) and paragraphs (1) through

7 (3) of this subsection if the Secretary transmits to Congress,

8 before the Milestone II decision is made with respect to that

9 program—

10 ‘‘(A) a certification that such testing would be

11 unreasonably expensive and impracticable; and

12 ‘‘(B) a description of the actions taken to ensure

13 that the system will be operationally effective and

14 suitable when the system meets initial operational ca15 pability requirements.’’.

16 (b) CROSS REFERENCE CORRECTIONS.—Section 2399

17 of such title is further amended—

18 (1) in subsection (b)(6) (as redesignated by sub19 section (a)(1)) and subsection (c)(1), by striking out

20 ‘‘section 138(a)(2)(B)’’ and inserting in lieu thereof

21 ‘‘section 139(a)(2)(B)’’; and

22 (2) in subsection (h)(1), by striking out ‘‘section

23 138(a)(2)(A)’’ and inserting in lieu thereof ‘‘section

24 139(a)(2)(A)’’.
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1 PART IV—CIVIL RESERVE AIR FLEET

2 SEC. 841. DEFINITION OF CONTRACTOR.

3 Section 9511(8) of title 10, United States Code, is

4 amended—

5 (1) by striking out ‘‘or’’ at the end of clause (A);

6 and

7 (2) by inserting before the period at the end the

8 following: ‘‘, or (C) who owns or controls, or will own

9 or control, new or existing aircraft and who, by con10 tract, commits some or all of such aircraft to the Civil

11 Reserve Air Fleet’’.

12 SEC. 842. CONSOLIDATION OF PROVISIONS RELATING TO

13 CONTRACTUAL COMMITMENT OF AIRCRAFT.

14 Chapter 931 of title 10, United States Code, is amend15 ed—

16 (1) in subsection (a) of section 9512, by inserting

17 ‘‘AUTHORITY TO CONTRACT.—’’ after ‘‘(a)’’;

18 (2) in subsection (c) of section 9512, by striking

19 out ‘‘(c)’’ and inserting in lieu thereof ‘‘(d) AUTHOR20 ITY TO CONTRACT AND PAY DIRECTLY.—’’;

21 (3) in subsection (b) of section 9512, by striking

22 out ‘‘(b)’’ and inserting in lieu thereof ‘‘(c) TERMS

23 AND REQUIRED REPAYMENT.—’’;

24 (4) by redesignating subsection (a) of section

25 9513 as subsection (b) and transferring such sub-
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1 section (as so redesignated) to section 9512 and in2 serting such subsection after subsection (a);

3 (5) by redesignating subsection (b) of section

4 9513 as subsection (e) and transferring such sub5 section (as so redesignated) to the end of section 9512;

6 (6) in subsection (b) of section 9512, as redesig7 nated and transferred to such section by paragraph

8 (4)—

9 (A) by striking out ‘‘under section 9512 of

10 this title’’ and inserting in lieu thereof ‘‘entered

11 into under this section’’, and

12 (B) by inserting ‘‘CONTRACT REQUIRE13 MENTS.—’’ after ‘‘(b)’’;

14 (7) in subsection (c) of section 9512, as redesig15 nated by paragraph (3), by striking out ‘‘the terms

16 required by section 9513 of this title and’’;

17 (8) in subsection (e) of section 9512, as redesig18 nated and transferred to such section by paragraph

19 (5)—

20 (A) by striking out ‘‘under section 9512 of

21 this title’’ and inserting in lieu thereof ‘‘entered

22 into under this section’’, and

23 (B) by inserting ‘‘COMMITMENT TO CIVIL

24 RESERVE AIR FLEET.—’’ after ‘‘(e)’’; and

25 (9) by striking out the heading of section 9513.
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1 SEC. 843. USE OF MILITARY INSTALLATIONS BY CONTRAC2 TORS.

3 (a) AUTHORITY.—Chapter 931 of title 10, United

4 States Code, as amended by section 842, is further amended

5 by adding at the end the following new section 9513:

6 ‘‘§ 9513. Use of military installations by Civil Reserve

7 Air Fleet contractors

8 ‘‘(a) CONTRACT AUTHORITY.—(1) The Secretary of the

9 Air Force—

10 ‘‘(A) may, by contract entered into with any

11 contractor, authorize such contractor to use one or

12 more Air Force installations designated by the Sec13 retary; and

14 ‘‘(B) with the consent of the Secretary of another

15 military department, may, by contract entered into

16 with any contractor, authorize the contractor to use

17 one or more installations, designated by the Secretary

18 of the Air Force, that is under the jurisdiction of the

19 Secretary of such other military department.

20 ‘‘(2) The Secretary of the Air Force may include in

21 the contract such terms and conditions as the Secretary de22 termines appropriate to promote the national defense or to

23 protect the interests of the United States.

24 ‘‘(b) PURPOSES OF USE.—A contract entered into

25 under subsection (a) may authorize use of a designated in26 stallation as a weather alternate, a technical stop not in-
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1 volving the enplaning or deplaning of passengers or cargo,

2 or, in the case of an installation within the United States,

3 for other commercial purposes. Notwithstanding any other

4 provision of the law, the Secretary may establish different

5 levels and types of uses for different installations and may

6 provide in contracts under subsection (a) for different levels

7 and types of uses by different contractors.

8 ‘‘(c) HOLD HARMLESS REQUIREMENT.—A contract

9 entered into under subsection (a) shall provide that the con10 tractor agrees to indemnify and hold harmless the Air Force

11 (and any other armed force having jurisdiction over any

12 installation covered by the contract) from all actions, suits,

13 or claims of any sort resulting from, relating to, or arising

14 out of any activities conducted, or services or supplies fur15 nished, in connection with the contract.

16 ‘‘(d) RESERVATION OF RIGHT TO EXCLUDE CONTRAC17 TOR.—A contract entered into under subsection (a) shall

18 provide that the Secretary concerned may, without provid19 ing prior notice, deny access to an installation designated

20 under the contract when the Secretary determines that it

21 is necessary to do so in order to meet military exigencies.’’.

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

23 the beginning of such chapter is amended by striking out

24 the item relating to section 9513 and inserting in lieu there25 of the following:

‘‘9513. Use of military installations by Civil Reserve Air Fleet contractors.’’.
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1 PART V—MISCELLANEOUS

2 SEC. 851. REGULATIONS ON PROCUREMENT, PRODUCTION,

3 WAREHOUSING, AND SUPPLY DISTRIBUTION

4 FUNCTIONS.

5 (a) IN GENERAL.—Section 2202 of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘§ 2202. Regulations on procurement, production,

8 warehousing, and supply distribution

9 functions

10 ‘‘The Secretary of Defense shall prescribe regulations

11 governing the performance within the Department of De12 fense of the procurement, production, warehousing, and

13 supply distribution functions, and related functions, of the

14 Department of Defense.’’.

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

16 the beginning of chapter 131 of such title is amended by

17 striking out the item related to section 2202 and inserting

18 in lieu thereof the following:

‘‘2202. Regulations on procurement, production, warehousing, and supply distribution functions.’’.

19 SEC. 852. REPEAL OF REQUIREMENTS REGARDING PROD20 UCT EVALUATION ACTIVITIES.

21 (a) REPEAL.—Section 2369 of title 10, United States

22 Code, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 139 of such title is amended by

3 striking out the item related to section 2369.

4 SEC. 853. CODIFICATION AND REVISION OF LIMITATION ON

5 LEASE OF VESSELS, AIRCRAFT, AND VEHI6 CLES.

7 (a) LIMITATION.—(1) Chapter 141 of title 10, United

8 States Code, is amended by inserting after section 2401 the

9 following new section:

10 ‘‘§ 2401a. Lease of vessels, aircraft, and vehicles

11 ‘‘The Secretary of Defense or the Secretary of a mili12 tary department may not enter into any contract with a

13 term of 18 months or more, or extend or renew any contract

14 for a term of 18 months or more, for any vessel, aircraft,

15 or vehicle, through a lease, charter, or similar agreement,

16 unless the Secretary has considered all costs of such contract

17 (including estimated termination liability) and has deter18 mined in writing that the contract is in the best interest

19 of the Government.’’.

20 (2) The table of sections at the beginning of such chap21 ter is amended by inserting after the item relating to section

22 2401 the following new item:

‘‘2401a. Lease of vessels, aircraft, and vehicles.’’.

23 (b) REPEAL OF SUPERSEDED PROVISION.—Section

24 9081 of Public Law 101–165 (103 Stat. 1147; 10 U.S.C.

25 2401 note) is repealed.
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1 SEC. 854. REPEAL OF APPLICATION OF PUBLIC CONTRACTS

2 ACT TO CERTAIN NAVAL VESSEL CONTRACTS.

3 (a) REPEAL.—Section 7299 of title 10, United States

4 Code, is repealed.

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

6 the beginning of chapter 633 of such title is amended by

7 striking out the item relating to section 7299.

8 SEC. 855. CONSOLIDATION OF LIMITATIONS ON PROCURE9 MENT OF GOODS OTHER THAN AMERICAN

10 GOODS.

11 Section 2534 of title 10, United States Code, is amend12 ed—

13 (1) by striking out subsections (a) through (f);

14 and

15 (2) by inserting after the section heading the fol16 lowing:

17 ‘‘(a) LIMITATION ON CERTAIN PROCUREMENTS.—The

18 Secretary of Defense may procure the following items only

19 if they are manufactured by an entity that is part of the

20 national technology and industrial base (as defined in sec21 tion 2491(1) of this title):

22 ‘‘(1) BUSES.—Multipassenger motor vehicles

23 (buses).

24 ‘‘(2) CHEMICAL WEAPONS ANTIDOTE.—Chemical

25 weapons antidote contained in automatic injectors (or

26 components for such injectors), but only if the com-
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1 pany that manufactures the item not only manufac2 tures it in the United States but also meets the follow3 ing requirements:

4 ‘‘(A) The company is an existing producer

5 under the industrial preparedness program at

6 the time the contract is awarded.

7 ‘‘(B) The company has received all required

8 regulatory approvals.

9 ‘‘(C) The company has the plant, equip10 ment, and personnel to perform the contract in

11 existence in the United States at the time the

12 contract is awarded.

13 ‘‘(3) VALVES AND MACHINE TOOLS.—(A) Items

14 in the following categories:

15 ‘‘(i) Powered and non-powered valves in

16 Federal Supply Classes 4810 and 4820 used in

17 piping for naval surface ships and submarines.

18 ‘‘(ii) Machine tools in the Federal Supply

19 Classes for metal-working machinery numbered

20 3405, 3408, 3410 through 3419, 3426, 3433,

21 3438, 3441 through 3443, 3445, 3446, 3448,

22 3449, 3460, and 3461.

23 ‘‘(B) Contracts for the procurement of items de24 scribed in subparagraph (A) include contracts—
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1 ‘‘(i) for the use of such items in any prop2 erty under the control of the Department of De3 fense, including Government-owned, contractor4 operated facilities; and

5 ‘‘(ii) entered into by contractors on behalf of

6 the Department of Defense for the purposes of

7 providing such items to other contractors as Gov8 ernment-furnished equipment.

9 ‘‘(C) In any case in which a contract for items

10 described in subparagraph (A) includes the procure11 ment of more than one Federal Supply Class of ma12 chine tools or machine tools and accessories, each sup13 ply class shall be evaluated separately for purposes of

14 determining whether the limitation in this subsection

15 applies.

16 ‘‘(D) This paragraph is effective through fiscal

17 year 1996.

18 ‘‘(4) AIR CIRCUIT BREAKERS.—Air circuit break19 ers for naval vessels.

20 ‘‘(5) SONOBUOYS.—Sonobuoys.

21 ‘‘(6) BALL BEARINGS AND ROLLER BEARINGS.—

22 Ball bearings and roller bearings, in accordance with

23 subpart 225.71 of part 225 of the Defense Federal Ac24 quisition Regulation Supplement, as in effect on Oc-
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1 tober 23, 1992. This paragraph is effective through

2 fiscal year 1995.

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

4 waive the limitation in subsection (a) with respect to the

5 procurement of an item listed in that subsection if the Sec6 retary determines that any of the following apply:

7 ‘‘(1) Application of the limitation would cause

8 unreasonable costs or delays to be incurred.

9 ‘‘(2) United States producers of the item would

10 not be jeopardized by competition from a foreign

11 country and that country does not discriminate

12 against defense items produced in the United States

13 to a greater degree than the United States discrimi14 nates against defense items produced in that country.

15 ‘‘(3) Application of the limitation would impede

16 cooperative programs entered into between the De17 partment of Defense and a foreign country and that

18 country does not discriminate against defense items

19 produced in the United States to a greater degree

20 than the United States discriminates against defense

21 items produced in that country.

22 ‘‘(4) Satisfactory quality items manufactured by

23 an entity that is part of the national technology and

24 industrial base (as defined in section 2491(1) of this

25 title) are not available.
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1 ‘‘(5) Application of the limitation would result

2 in the existence of only one source for the item that

3 is an entity that is part of the national technology

4 and industrial base (as defined in section 2491(1) of

5 this title).

6 ‘‘(6) The procurement is for an amount less than

7 the simplified acquisition threshold and simplified

8 purchase procedures are being used.

9 ‘‘(7) Application of the limitation is not in the

10 national security interests of the United States.

11 ‘‘(8) Application of the limitation would ad12 versely affect a United States company.

13 ‘‘(c) PRINCIPLE OF CONSTRUCTION WITH FUTURE

14 LAWS.—A provision of law may not be construed as modi15 fying or superseding the provisions of this section, or as

16 requiring funds to be limited, or made available, by the Sec17 retary of Defense to a particular domestic source by con18 tract, unless that provision of law—

19 ‘‘(1) specifically refers to this section;

20 ‘‘(2) specifically states that such provision of law

21 modifies or supersedes the provisions of this section;

22 and

23 ‘‘(3) specifically identifies the particular domes24 tic source involved and states that the contract to be
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1 awarded pursuant to such provision of law is being

2 awarded in contravention of this section.’’.

3 SEC. 856. DEPARTMENT OF DEFENSE ACQUISITION OF IN4 TELLECTUAL PROPERTY RIGHTS.

5 Section 2386 of title 10, United States Code, is amend6 ed by striking out paragraphs (3) and (4) and inserting

7 in lieu thereof the following:

8 ‘‘(3) Technical data and computer software.

9 ‘‘(4) Releases for past infringement of patents or

10 copyrights or for unauthorized use of technical data

11 or computer software.’’.

12 SEC. 857. DEPARTMENT OF DEFENSE REVIEW OF ANTI13 TRUST CASES WITH NATIONAL SECURITY IM14 PLICATIONS.

15 (a) IN GENERAL.—Subchapter II of chapter 148 of

16 title 10, United States Code, is amended by adding at the

17 end the following new section:

18 ‘‘§ 2508. Antitrust cases with national security impli19 cations: Secretary of Defense review

20 ‘‘(a) REVIEW.—The Secretary of Defense shall conduct

21 a review of any proposed acquisition of a business concern

22 that is a critical United States defense supplier with respect

23 to which the Attorney General or the Federal Trade Com24 mission receives notice under the antitrust laws. In con25 ducting such review, the Secretary shall assess the likely ef-
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1 fect of the proposed acquisition (if carried out) on the policy

2 objectives for the national technology and industrial base

3 (as set forth in section 2501(a) of this title) and on such

4 other considerations relating to national security as the

5 Secretary considers appropriate.

6 ‘‘(b) COMMUNICATION OF VIEWS OF SECRETARY.—In

7 any case in which the Secretary determines, as the result

8 of a review and assessment under subsection (a), that a pro9 posed acquisition is likely to have an appreciable effect

10 (whether positive or negative) on the policy objectives for

11 the national technology and industrial base or on other con12 siderations relevant to national security (as determined by

13 the Secretary), the Secretary shall immediately commu14 nicate that determination, in writing, to the Attorney Gen15 eral and the Federal Trade Commission. The Secretary

16 shall include in such communication the Secretary’s evalua17 tion concerning the proposed acquisition.

18 ‘‘(c) DEFINITION.—In this section, the term ‘critical

19 United States defense supplier’ means a company organized

20 under the laws of the United States that is—

21 ‘‘(1) a contractor or critical subcontractor for a

22 major system, as defined in section 2302(9) of this

23 title;

24 ‘‘(2) a contractor for a contract awarded to a

25 particular source pursuant to paragraph (3) of sec-
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1 tion 2304(c) of this title for the reasons described in

2 clause (A) of that paragraph; or

3 ‘‘(3) in such other category as the Secretary of

4 Defense may prescribe by regulation as being critical

5 to the national technology and industrial base.’’.

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

7 the beginning of such subchapter is amended by adding at

8 the end the following new item:

‘‘2508. Antitrust cases with national security implications: Secretary of Defense

review.’’.

9 SEC. 858. EXTENSION OF TEST PROGRAM FOR NEGOTIA10 TION OF COMPREHENSIVE SMALL BUSINESS

11 SUBCONTRACTING PLANS.

12 Section 834(e) of the National Defense Authorization

13 Act for Fiscal Years 1990 and 1991 (Public Law 101–189;

14 15 U.S.C. 637 note) is amended by striking out ‘‘September

15 30, 1994.’’ in the second sentence and inserting in lieu

16 thereof ‘‘September 30, 1997.’’.

17 Subtitle C—Other Matters

18 SEC. 871. ENVIRONMENTAL CONSEQUENCE ANALYSIS OF

19 MAJOR DEFENSE ACQUISITION PROGRAMS.

20 (a) ANALYSIS.—Before development under a major de21 fense acquisition program begins, the Secretary of Defense

22 shall analyze the life-cycle environmental costs of such pro23 gram.
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1 (b) GUIDANCE.—The Secretary of Defense shall issue

2 guidance, to apply uniformly throughout the Department

3 of Defense, regarding—

4 (1) how to ensure timely compliance with the

5 National Environmental Policy Act of 1969 (42

6 U.S.C. 4321 et seq.) with respect to major defense ac7 quisition programs (as defined in section 2430 of title

8 10, United States Code); and

9 (2) how to analyze the life-cycle environmental

10 costs for such major defense acquisition program.

11 (c) DATA BASE FOR NEPA DOCUMENTATION.—The

12 Secretary of Defense shall establish and maintain a data

13 base for documents prepared by the Department of Defense

14 in complying with the National Environmental Policy Act

15 of 1969 with respect to major defense acquisition programs.

16 Any such document relating to a major defense acquisition

17 program shall be maintained in the data base for 5 years

18 after commencement of low-rate initial production of the

19 program.

20 SEC. 872. AWARD OF CONTRACTS AND GRANTS ON THE

21 BASIS OF COMPETITION.

22 (a) POLICY.—Section 2301 of title 10, United States

23 Code (as amended by section 811) is further amended by

24 adding at the end the following new subsection:
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1 ‘‘(e)(1) It is the policy of Congress that the Department

2 of Defense should not be required by legislation to award

3 a new contract or grant to a specific non-Federal Govern4 ment entity (a practice commonly known as earmarking)

5 for basic research, exploratory development, advanced tech6 nology development, and manufacturing technology activi7 ties. It is further the policy of Congress that any program,

8 project, or technology identified in legislation be procured

9 through competitive procedures, and that any such pro10 gram, project, or technology not be so narrowly described

11 in legislation that only one institution qualifies for com12 petition.

13 ‘‘(2) A provision of law may not be construed as re14 quiring the Department of Defense to award a new contract

15 or grant to a specific non-Federal Government entity unless

16 that provision of law—

17 ‘‘(A) specifically refers to this subsection;

18 ‘‘(B) specifically identifies the particular non19 Federal Government entity to be awarded the contract

20 or grant; and

21 ‘‘(C) sets forth the national defense purpose to be

22 fulfilled by requiring the department to award a new

23 contract or grant to the specified non-Federal Govern24 ment entity.

25 ‘‘(3) For purposes of this subsection—
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1 ‘‘(A) a contract is a new contract unless the

2 work provided for in the contract is a continuation

3 of the work provided for in a preceding contract; and

4 ‘‘(B) a grant is a new grant unless the work

5 funded by the grant is substantially a continuation of

6 the work for which funding is provided in a preceding

7 grant.’’.

8 SEC. 873. SHIPBUILDING CLAIMS.

9 (a) INCREASE IN TIME PERIOD DURING WHICH AD10 JUSTMENTS TO SHIPBUILDING CLAIMS MAY BE MADE.—

11 Section 2405 of title 10, United States Code, is amended—

12 (1) in subsection (a), by striking out ‘‘18

13 months’’ and inserting in lieu thereof ‘‘six years’’;

14 and

15 (2) by striking out subsection (c).

16 (b) EFFECTIVE DATE.—The amendments made by sub17 section (a) shall apply only with respect to contracts entered

18 into after the date of the enactment of this Act.

19 SEC. 874. DEMONSTRATION PROJECT ON PURCHASE OF

20 FIRE, SECURITY, POLICE, PUBLIC WORKS,

21 AND UTILITY SERVICES FROM LOCAL GOV22 ERNMENT AGENCIES.

23 (a) DEMONSTRATION PROJECT.—The Secretary of De24 fense shall conduct a demonstration project, beginning Octo25 ber 1, 1994, at Monterey, California, under which any fire-
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1 fighting, security-guard, police, public works, utility, or

2 other municipal services needed for operation of any De3 partment of Defense asset in Monterey County, California,

4 may be purchased from government agencies located within

5 the county of Monterey. The purchase of such services for

6 the demonstration project may be made notwithstanding

7 section 2465 of title 10, United States Code.

8 (b) EVALUATION OF PROJECT.—Not later than Decem9 ber 31, 1995, the Secretary of Defense shall submit to Con10 gress a report evaluating the results of the project and mak11 ing any recommendations the Secretary considers appro12 priate, including recommendations on whether the purchase

13 authorities used in conducting the project could be used to

14 provide similar services at other locations.

15 SEC. 875. DEFENSE ACQUISITION PILOT PROGRAM.

16 (a) DESIGNATIONS.—Pursuant to section 809(b) of the

17 National Defense Authorization Act for Fiscal Year 1991

18 (Public Law 101–510; 104 Stat. 1485, 1593; 10 U.S.C.

19 2430 note), as amended by section 811 of the National De20 fense Authorization Act for Fiscal Year 1993 (Public Law

21 102–484; 106 Stat. 2315, 2450), the following defense acqui22 sition programs are authorized to be designated for partici23 pation in the Defense Acquisition Pilot Program:

24 (1) FIRE SUPPORT COMBINED ARMS TACTICAL

25 TRAINER (FSCATT).—All contracts directly relating to
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1 the procurement of a training simulation system, in2 cluding related hardware, software, and subsystems,

3 to perform collective training of field artillery gun4 nery teams, with development of software as required

5 to generate the training exercises.

6 (2) JOINT DIRECT ATTACK MUNITION (JDAM I).—

7 All contracts directly relating to the development and

8 procurement of a strap-on guidance kit, using an

9 inertially guided, Global Positioning System updated

10 guidance kit to enhance the delivery accuracy of 1000

11 and 2000 pound bombs in inventory.

12 (3) COMMERCIAL-DERIVATIVE AIRCRAFT (CDA).—

13 (A) All contracts related to acquisition or upgrading

14 of commercial-derivative aircraft for use in future Air

15 Force airlift, tanker, and airborne warning and con16 trol system requirements.

17 (B) For purposes of this paragraph, the term

18 ‘‘commercial-derivative aircraft’’ means any of the

19 following:

20 (i) Any aircraft that is of a type customar21 ily used in the course of normal business oper22 ations for other than Federal Government pur23 poses, that has been issued a type certificate by

24 the Administrator of the Federal Aviation Ad25 ministration, and—
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1 (I) that has been sold or leased for use

2 in the commercial marketplace; or

3 (II) that has been offered for sale or

4 lease for use in the commercial marketplace.

5 (ii) Any aircraft that, but for—

6 (I) modifications of a type customarily

7 available in the commercial marketplace; or

8 (II) minor modifications made to meet

9 Federal Government requirements;

10 would satisfy the criteria in clause (i).

11 (b) AUTHORIZATION FOR WAIVERS.—With respect to

12 the programs described in subsection (a), the Secretary of

13 Defense is authorized to waive or limit the applicability

14 of the following provisions of law:

15 (1) Section 2306(b) of title 10, United States

16 Code (relating to prohibition against contingent fees).

17 (2) Section 2320 of such title (relating to re18 quirements pertaining to technical data).

19 (3) Section 2321 of such title (relating to valida20 tion of proprietary data restrictions).

21 (4) Section 2324 of such title (relating to re22 quirement for the disclosure of the identity of suppli23 ers and sources of supplies).
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1 (5) Section 2393(d) of such title (relating to pro2 hibition against doing business with certain offerors

3 or contractors).

4 (6) Section 2402 of such title (relating to prohi5 bition on limitation of subcontractor direct sales).

6 (7) Section 2408(a) of such title (relating to pro7 hibition on certain involvement with persons con8 victed of defense contract-related felonies).

9 (8) Section 2410b of such title (relating to con10 tractor inventory accounting system standards).

11 (9) Section 843 of Public Law 103–160 (107

12 Stat. 1720) (relating to reports on defense contractors

13 dealings with terrorist countries).

14 (c) CONDUCT OF DEFENSE ACQUISITION PROGRAMS.—

15 In the case of each defense acquisition program designated

16 under subsection (a) for participation in the Defense Acqui17 sition Pilot Program, the Secretary of Defense shall—

18 (1) develop guidelines and procedures for carry19 ing out the program and the criteria to be used in

20 measuring the success of the program;

21 (2) evaluate the potential costs and benefits

22 which may be derived from the innovative procure23 ment methods and procedures tested under the pro24 gram; and
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1 (3) develop the methods to be used to analyze the

2 results of the program.

3 (d) RULE OF CONSTRUCTION.—Nothing in the amend4 ments made by this section shall be construed as authoriz5 ing the appropriation or obligation of funds for the pro6 grams designated as defense acquisition pilot programs

7 under subsection (a).

8 SEC. 876. PREFERENCE FOR LOCAL RESIDENTS.

9 (a) PREFERENCE ALLOWED.—In entering into con10 tracts with private entities for services to be performed at

11 a military installation that is affected by closure or align12 ment under a base closure law, the Secretary of Defense

13 may give preference, consistent with Federal, State, and

14 local laws and regulations, to entities that plan to hire, to

15 the maximum extent practicable, residents of the vicinity

16 of such military installation. Contracts for which the pref17 erence may be given include contracts to carry out environ18 mental restoration activities or construction work at such

19 military installations.

20 (b) DEFINITION.—In this section, the term ‘‘base clo21 sure law’’ means the following:

22 (1) The provisions of title II of the Defense Au23 thorization Amendments and Base Closure and Re24 alignment Act (Public Law 100–526; 10 U.S.C. 2687

25 note).
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1 (2) The Defense Base Closure and Realignment

2 Act of 1990 (part A of title XXIX of Public Law 101–

3 510; 10 U.S.C. 2687 note).

4 (c) APPLICABILITY.—Any preference given under sub5 section (a) shall apply only with respect to contracts entered

6 into after the date of the enactment of this Act.

7 (d) TERMINATION.—This section shall cease to be effec8 tive on September 30, 1997.

9 TITLE IX—DEPARTMENT OF DE10 FENSE ORGANIZATION AND

11 MANGAGEMENT

12 SEC. 901. REVISION OF NATIONAL GUARD BUREAU CHAR13 TER.

14 (a) IN GENERAL.—(1) Subtitle A of title 10, United

15 States Code, is amended by inserting after chapter 11 the

16 following new chapter:

17 ‘‘CHAPTER 12—NATIONAL GUARD BUREAU

‘‘291. National Guard Bureau.

‘‘292. Chief of the National Guard Bureau: appointment; adviser on National

Guard matters; grade.

‘‘293. Functions of National Guard Bureau: charter from Secretaries of the Army

and Air Force.

‘‘294. Chief of National Guard Bureau: annual report.

‘‘295. Vice Chief of the National Guard Bureau.

‘‘296. Other senior National Guard Bureau officers.

‘‘297. Definition.

18 ‘‘§ 291. National Guard Bureau

19 ‘‘(a) NATIONAL GUARD BUREAU.—There is in the De20 partment of Defense the National Guard Bureau, which is
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1 a joint bureau of the Department of the Army and the De2 partment of the Air Force.

3 ‘‘(b) PURPOSES.—The National Guard Bureau is the

4 channel of communications on all matters pertaining to the

5 National Guard, the Army National Guard of the United

6 States, and the Air National Guard of the United States

7 between (1) the Department of the Army and Department

8 of the Air Force, and (2) the several States.

9 ‘‘§ 292. Chief of the National Guard Bureau: appoint10 ment; adviser on National Guard matters;

11 grade

12 ‘‘(a) APPOINTMENT.—There is a Chief of the National

13 Guard Bureau, who is responsible for the organization and

14 operations of the National Guard Bureau. The Chief of the

15 National Guard Bureau is appointed by the President, by

16 and with the advice and consent of the Senate. Such ap17 pointment shall be made from officers of the Army National

18 Guard of the United States or the Air National Guard of

19 the United States who—

20 ‘‘(1) are recommended for such appointment by

21 their respective Governors or, in the case of the Dis22 trict of Columbia, the commanding general of the Dis23 trict of Columbia National Guard;
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1 ‘‘(2) have had at least 10 years of federally rec2 ognized commissioned service in an active status in

3 the National Guard; and

4 ‘‘(3) are in a grade above the grade of brigadier

5 general.

6 ‘‘(b) TERM OF OFFICE.—An officer appointed as Chief

7 of the National Guard Bureau serves at the pleasure of the

8 President for a term of four years. An officer may not hold

9 that office after becoming 64 years of age. An officer may

10 be reappointed as Chief of the National Guard Bureau.

11 ‘‘(c) ADVISER ON NATIONAL GUARD MATTERS.—The

12 Chief of the National Guard Bureau is the principal adviser

13 to the Secretary of the Army and the Chief of Staff of the

14 Army, and to the Secretary of the Air Force and the Chief

15 of Staff of the Air Force, on matters relating to the National

16 Guard, the Army National Guard of the United States, and

17 the Air National Guard of the United States.

18 ‘‘(d) GRADE.—The Chief of the National Guard Bu19 reau shall be appointed to serve in a grade above major

20 general.

21 ‘‘§ 293. Functions of National Guard Bureau: charter

22 from Secretaries of the Army and Air

23 Force

24 ‘‘The Secretary of the Army and the Secretary of the

25 Air Force shall jointly develop and prescribe a charter for
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1 the National Guard Bureau. The charter shall cover the fol2 lowing matters:

3 ‘‘(1) Allocating unit structure, strength author4 izations, and other resources to the Army National

5 Guard of the United States and the Air National

6 Guard of the United States.

7 ‘‘(2) Prescribing the training discipline and

8 training requirements for the Army National Guard

9 and the Air National Guard and the allocation of

10 Federal funds for the training of the Army National

11 Guard and the Air National Guard.

12 ‘‘(3) Ensuring that units and members of the

13 Army National Guard and the Air National Guard

14 are trained by the States in accordance with ap15 proved programs and policies of, and guidance from,

16 the Chief, the Secretary of the Army, and the Sec17 retary of the Air Force.

18 ‘‘(4) Monitoring and assisting the States in the

19 organization, maintenance, and operation of National

20 Guard units so as to provide well-trained and well21 equipped units capable of augmenting the active

22 forces in time of war or national emergency.

23 ‘‘(5) Planning and administering the budget for

24 the Army National Guard of the United States and

25 the Air National Guard of the United States.
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1 ‘‘(6) Supervising the acquisition and supply of,

2 and accountability of the States for, Federal property

3 issued to the National Guard through the property

4 and fiscal officers designated, detailed, or appointed

5 under section 708 of title 32.

6 ‘‘(7) Granting and withdrawing, in accordance

7 with applicable laws and regulations, Federal rec8 ognition of (A) National Guard units, and (B) offi9 cers of the National Guard.

10 ‘‘(8) Establishing policies and programs for the

11 employment and use of National Guard technicians

12 under section 709 of title 32.

13 ‘‘(9) Supervising and administering the Active

14 Guard and Reserve program as it pertains to the Na15 tional Guard.

16 ‘‘(10) Issuing directives, regulations, and publi17 cations consistent with approved policies of the Army

18 and Air Force, as appropriate.

19 ‘‘(11) Facilitating and supporting the training

20 of members and units of the National Guard to meet

21 State requirements.

22 ‘‘(12) Such other functions as the Secretaries

23 may prescribe.
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1 ‘‘§ 294. Chief of National Guard Bureau: annual re2 port

3 ‘‘(a) ANNUAL REPORT.—The Chief of the National

4 Guard Bureau shall submit to the Secretary of Defense an

5 annual report on the state of the National Guard and the

6 ability of the National Guard to meet its missions. The re7 port shall be prepared in conjunction with the Secretary

8 of the Army and the Secretary of the Air Force and may

9 be submitted in classified and unclassified versions.

10 ‘‘(b) SUBMISSION OF REPORT TO CONGRESS.—The

11 Secretary of Defense shall transmit the annual report of the

12 Chief of the National Guard Bureau to Congress, together

13 with such comments on the report as the Secretary considers

14 appropriate. The report shall be transmitted at the same

15 time each year that the annual report of the Secretary

16 under section 113(c) of this title is submitted to Congress.

17 ‘‘§ 295. Vice Chief of the National Guard Bureau

18 ‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the

19 National Guard Bureau, selected by the Secretary of De20 fense from officers of the Army National Guard of the Unit21 ed States or the Air National Guard of the United States

22 who—

23 ‘‘(A) are recommended for such appointment by

24 their respective Governors or, in the case of the Dis25 trict of Columbia, the commanding general of the Dis26 trict of Columbia National Guard;
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1 ‘‘(B) have had at least 10 years of federally rec2 ognized commissioned service in an active status in

3 the National Guard; and

4 ‘‘(C) are in a grade above the grade of colonel.

5 ‘‘(2) The Chief and Vice Chief of the National Guard

6 Bureau may not both be members of the Army or of the

7 Air Force.

8 ‘‘(3)(A) Except as provided in subparagraph (B), an

9 officer appointed as Vice Chief of the National Guard Bu10 reau serves for a term of four years, but may be removed

11 from office at any time for cause.

12 ‘‘(B) The term of the Vice Chief of the National Guard

13 Bureau shall end upon the appointment of a Chief of the

14 National Guard Bureau who is a member of the same

15 armed force as the Vice Chief.

16 ‘‘(4) The Secretary of Defense may waive the restric17 tions in paragraph (2) and the provisions of paragraph

18 (3)(B) for a limited period of time to provide for the orderly

19 transition of officers appointed to serve in the positions of

20 Chief and Vice Chief of the National Guard Bureau.

21 ‘‘(b) DUTIES.—The Vice Chief of the National Guard

22 Bureau performs such duties as may be prescribed by the

23 Chief of the National Guard Bureau.
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1 ‘‘(c) GRADE.—The Vice Chief of the National Guard

2 Bureau shall be appointed to serve in a grade above briga3 dier general.

4 ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is a

5 vacancy in the office of the Chief of the National Guard

6 Bureau or in the absence or disability of the Chief, the Vice

7 Chief of the National Guard Bureau acts as Chief and per8 forms the duties of the Chief until a successor is appointed

9 or the absence or disability ceases.

10 ‘‘(e) SUCCESSION AFTER CHIEF AND VICE CHIEF.—

11 When there is a vacancy in the offices of both Chief and

12 Vice Chief of the National Guard Bureau or in the absence

13 or disability of both the Chief and Vice Chief of the National

14 Guard Bureau, or when there is a vacancy in one such office

15 and in the absence or disability of the officer holding the

16 other, the senior officer of the Army National Guard of the

17 United States or the Air National Guard of the United

18 States on duty with the National Guard Bureau shall per19 form the duties of the Chief until a successor to the Chief

20 or Vice Chief is appointed or the absence or disability of

21 the Chief or Vice Chief ceases, as the case may be.

22 ‘‘§ 296. Other senior National Guard Bureau officers

23 ‘‘(a) ADDITIONAL GENERAL OFFICERS.—(1) In addi24 tion to the Chief and Vice Chief of the National Guard Bu-
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1 reau, there shall be assigned to the National Guard Bu2 reau—

3 ‘‘(A) two general officers selected by the Sec4 retary of the Army from officers of the Army National

5 Guard of the United States who have been nominated

6 by their respective Governors or, in the case of the

7 District of Columbia, the commanding general of the

8 District of Columbia National Guard, the senior of

9 whom while so serving shall hold the grade of major

10 general and serve as Director, Army National Guard,

11 with the other serving as Deputy Director, Army Na12 tional Guard; and

13 ‘‘(B) two general officers selected by the Sec14 retary of the Air Force from officers of the Air Na15 tional Guard of the United States who have been

16 nominated by their respective Governors or, in the

17 case of the District of Columbia, the commanding

18 general of the District of Columbia National Guard,

19 the senior of whom while so serving shall hold the

20 grade of major general and serve as Director, Air Na21 tional Guard, with the other serving as Deputy Direc22 tor, Air National Guard.

23 ‘‘(2) The officers so selected shall assist the Chief of

24 the National Guard Bureau in carrying out the functions
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1 of the National Guard Bureau as they relate to their respec2 tive branches.

3 ‘‘(b) OTHER OFFICERS.—There are in the National

4 Guard Bureau a legal counsel, a comptroller, and an in5 spector general, each of whom shall be appointed by the

6 Chief of the National Guard Bureau. They shall perform

7 such duties as the Chief may prescribe.

8 ‘‘§ 297. Definition

9 ‘‘In this chapter, the term ‘State’ includes the District

10 of Columbia, the Commonwealth of Puerto Rico, and Guam

11 and the Virgin Islands.’’.

12 (2) The table of chapters at the beginning of subtitle

13 A of title 10, United States Code, and at the beginning of

14 part I of such subtitle, are each amended by inserting after

15 the item relating to chapter 11 the following:

‘‘12. National Guard Bureau .................................................................. 291’’.

16 (b) CONFORMING REPEAL.—(1) Section 3040 of title

17 10, United States Code, is repealed.

18 (2) The table of sections at the beginning of chapter

19 305 of such title is amended by striking out the item relat20 ing to section 3040.

21 (c) CONFORMING AMENDMENT.—The text of section

22 108 of title 32, United States Code, is amended to read as

23 follows:

24 ‘‘If, within a time fixed by the President, a State fails

25 to comply with a requirement of this title, or a regulation
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1 prescribed under this title, the National Guard of that State

2 is barred, in whole or in part, as the President may pre3 scribe, from receiving money or any other aid, benefit, or

4 privilege authorized by law.’’.

5 (d) EFFECTIVE DATE.—The amendments made by this

6 section shall take effect at the end of the 90-day period be7 ginning on the date of the enactment of this Act.

8 SEC. 902. ARMY RESERVE COMMAND.

9 (a) IN GENERAL.—(1) Chapter 307 of title 10, United

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

11 new section:

12 ‘‘§ 3083. Army Reserve Command

13 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in the

14 Army a United States Army Reserve Command, which

15 shall be maintained as a separate command of the Army.

16 The Army Reserve Command shall be established and main17 tained by the Secretary of the Army with the advice and

18 assistance of the Chief of Staff of the Army.

19 ‘‘(b) SUPERVISION BY CHIEF OF STAFF.—The Sec20 retary of the Army shall provide for the Chief of Staff of

21 the Army to exercise supervision over the Army Reserve

22 Command and to perform all other responsibilities and

23 functions with respect to such command as are specified or

24 authorized in subsections (c), (d), and (e) of section 3033

25 of this title.
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1 ‘‘(c) COMMANDER.—Unless otherwise directed by the

2 Secretary, the Chief of the Army Reserve shall be the com3 mander of the Army Reserve Command. The commander

4 of the Army Reserve Command reports directly to the Chief

5 of Staff of the Army.

6 ‘‘(d) ASSIGNMENT OF FORCES.—The Secretary of the

7 Army shall assign to the Army Reserve Command all forces

8 of the Army Reserve.

9 ‘‘(e) FUNCTIONS OF CHIEF OF STAFF.—The Chief of

10 Staff of the Army, acting through the active component

11 command structure, shall—

12 ‘‘(1) be responsible for establishing standards,

13 evaluating units, validating units, and providing

14 training assistance for the Army Reserve in the areas

15 of unit training, readiness, and mobilization;

16 ‘‘(2) establish procedures for the evaluation of re17 serve component units by active component units for

18 the purpose of determining whether, or to what extent,

19 they meet the standards established under paragraph

20 (1);

21 ‘‘(3) establish policies for acceptance of

22 premobilization readiness evaluation results where

23 appropriate during a mobilization in order to mini24 mize the time required to certify reserve units as
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1 ready for combat operations and to avoid unnecessary

2 duplicative training;

3 ‘‘(4) validate and certify the readiness of reserve

4 component units after they are mobilized; and

5 ‘‘(5) establish training doctrine (with associated

6 tasks, conditions, and standards) for individual and

7 unit training and standards, control of certification,

8 and validation for all courses, instructors, and stu9 dents for the Army Reserve.

10 ‘‘(f) RESPONSIBILITY.—The commander of the Army

11 Reserve Command is responsible for meeting the standards

12 and complying with the evaluation, certification, and vali13 dation requirements established by the Chief of Staff pursu14 ant to paragraphs (1) and (2) of subsection (e).’’.

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item:

‘‘3083. Army Reserve Command.’’.

17 (b) CONFORMING REPEAL.—Section 903 of Public Law

18 101–510 (10 U.S.C. 3074 note) is repealed.

19 (c) IMPLEMENTATION REPORT.—Not later than 90

20 days after the date of the enactment of this Act, the Sec21 retary of the Army shall submit to the Committees on

22 Armed Services of the Senate and House of Representatives

23 a report on the plans of the Secretary for implementing

24 of section 3082 of title 10, United States Code, as added

25 by subsection (a).
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1 (d) SCHEDULE FOR IMPLEMENTATION.—Implementa2 tion of section 3082 of title 10, United States Code, as added

3 by subsection (a), shall begin not later than 90 days after

4 the date of the enactment of this Act and shall be completed

5 not later than one year after such date.

6 SEC. 903. ASSIGNMENT OF RESERVE FORCES TO COMBAT7 ANT COMMANDS.

8 Section 162 of title 10, United States Code, is amended

9 by adding at the end the following new subsections:

10 ‘‘(c) ASSIGNMENT OF RESERVE FORCES.—(1) Except

11 as provided in subsection (d), reserve component forces shall

12 be subject to paragraphs (1) and (2) of subsection (a) only

13 after being called or ordered to active duty (other than for

14 training) in accordance with chapter 39 and sections 3013,

15 5013, and 8013 of this title, as applicable.

16 ‘‘(2) The Secretary of each military department, in ac17 cordance with directives issued by the Secretary of Defense,

18 shall allocate reserve component units under the Secretary’s

19 jurisdiction to the combatant command or commands to

20 which it is expected that they may be assigned after being

21 called or ordered to active duty (other than for training).

22 ‘‘(3) The commanders of the combatant commands to

23 which a reserve component unit may be assigned after being

24 called or ordered to active duty (other than for training)

25 shall establish standards in the areas of (A) joint training,
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1 and (B) readiness to carry out missions assigned to the

2 commanders. The Secretaries of the military departments,

3 in accordance with their responsibilities under chapters

4 303, 503, and 803 of this title, shall prepare reserve compo5 nent units to meet the standards established by the com6 manders of the combatant commands.

7 ‘‘(4) As directed by the Secretary of Defense, and not8 withstanding paragraphs (1), (2), and (3), reserve compo9 nent special operations units and personnel designated

10 under section 167(b) of this title may be treated in the same

11 manner as active forces under paragraph (1) of subsection

12 (a).

13 ‘‘(d) AUTHORITY OF GOVERNORS OVER NATIONAL

14 GUARD.—Nothing in this section shall be construed to limit

15 or otherwise modify the authorities reserved to the Gov16 ernors of the several States over forces of the National

17 Guard when those forces are not in Federal service.

18 ‘‘(e) DEFINITION.—In this section, the term ‘forces’ re19 fers to military units and personnel that the Secretary of

20 a military department has determined, in accordance with

21 the Secretary’s responsibilities under chapter 303, 505, or

22 803 of this title, as applicable, to be prepared for the effec23 tive prosecution of war, in accordance with section 3062,

24 5062, 5063, or 8062 of this title and, therefore, capable of
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1 carrying out missions assigned to the commander of a com2 batant command.’’.

3 SEC. 904. BUDGET SUPPORT FOR RESERVE ELEMENTS OF

4 SPECIAL OPERATIONS COMMAND.

5 Section 167 of title 10, United States Code, is amended

6 by adding at the end the following new subsection:

7 ‘‘(k) BUDGET SUPPORT FOR RESERVE ELEMENTS.—

8 The budget proposal for the special operations command

9 that is submitted to the Secretary of Defense for any fiscal

10 year may not, without the concurrence of the Secretary of

11 the military department concerned, propose to eliminate,

12 or to significantly reduce the level of funding for, a reserve

13 component special operations unit. The budget proposal for

14 a military department that is submitted to the Secretary

15 of Defense for any fiscal year may not, without the concur16 rence of the commander of the special operations command,

17 propose funding for special operations forces in the military

18 personnel budget for a reserve component in that military

19 department that has the effect of proposing to eliminate,

20 or to significantly reduce the level of funding for, a reserve

21 component special operations unit.’’.
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1 SEC. 905. CHANGE OF TITLE OF COMPTROLLER OF THE DE2 PARTMENT OF DEFENSE TO UNDER SEC3 RETARY OF DEFENSE (COMPTROLLER).

4 (a) IN GENERAL.—(1) Section 135 of title 10, United

5 States Code, is amended—

6 (A) in subsection (a), by striking out ‘‘Comptrol7 ler of the Department of Defense’’ and inserting in

8 lieu thereof ‘‘Under Secretary of Defense (Comptrol9 ler)’’; and

10 (B) in subsections (b), (c), (d), and (e), by strik11 ing out ‘‘Comptroller’’ each place it appears and in12 serting in lieu thereof ‘‘Under Secretary of Defense

13 (Comptroller)’’.

14 (2) The heading for such section is amended to read

15 as follows:

16 ‘‘§ 135. Under Secretary of Defense (Comptroller)’’.

17 (3) The item relating to such section in the table of

18 sections at the beginning of chapter 4 of such title is amend19 ed to read as follows:

‘‘135. Under Secretary of Defense (Comptroller).’’.

20 (b) CONFORMING AMENDMENTS TO TITLE 10, UNITED

21 STATES CODE.—(1) Section 131(b)(4) of title 10, United

22 States Code, is amended by striking out ‘‘Comptroller’’ and

23 inserting in lieu thereof ‘‘Under Secretary of Defense

24 (Comptroller)’’.
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1 (2) Section 138(d) of such title is amended by striking

2 out ‘‘and Comptroller’’.

3 (c) CONFORMING AMENDMENT TO TITLE 5, UNITED

4 STATES CODE.—Section 5314 of title 5, United States

5 Code, is amended by striking out ‘‘Comptroller of the De6 partment of Defense’’ and inserting in lieu thereof ‘‘Under

7 Secretary of Defense (Comptroller).’’.

8 (d) REFERENCES IN OTHER LAWS.—Any reference to

9 the Comptroller of the Department of Defense in any provi10 sion of law other than title 10, United States Code, or in

11 any rule, regulation, or other paper of the United States

12 shall be treated as referring to the Under Secretary of De13 fense (Comptroller).

14 SEC. 906. RECLARIFICATION OF INDEPENDENT STATUS OF

15 DIRECTOR OF OPERATIONAL TEST AND EVAL16 UATION.

17 Section 139(c) of title 10, United States Code, is

18 amended by inserting after ‘‘(c)’’ the following: ‘‘Within the

19 Office of the Secretary of Defense, the Director reports to

20 the Under Secretary of Defense (Comptroller).’’.

21 TITLE X—GENERAL PROVISIONS

22 Subtitle A—Financial Matters

23 SEC. 1001. TRANSFER AUTHORITY.

24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

25 Upon determination by the Secretary of Defense that such
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1 action is necessary in the national interest, the Secretary

2 may transfer amounts of authorizations made available to

3 the Department of Defense in this division for fiscal year

4 1995 between any such authorizations for that fiscal year

5 (or any subdivisions thereof). Amounts of authorizations so

6 transferred shall be merged with and be available for the

7 same purposes as the authorization to which transferred.

8 (2) The total amount of authorizations that the Sec9 retary of Defense may transfer under the authority of this

10 section may not exceed $2,000,000,000.

11 (b) LIMITATIONS.—The authority provided by this sec12 tion to transfer authorizations—

13 (1) may only be used to provide authority for

14 items that have a higher priority than the items from

15 which authority is transferred; and

16 (2) may not be used to provide authority for an

17 item that has been denied authorization by Congress.

18 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans19 fer made from one account to another under the authority

20 of this section shall be deemed to increase the amount au21 thorized for the account to which the amount is transferred

22 by an amount equal to the amount transferred.

23 (d) NOTICE TO CONGRESS.—The Secretary of Defense

24 shall promptly notify Congress of transfers made under the

25 authority of this section.
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1 SEC. 1002. CLARIFICATION OF SCOPE OF AUTHORIZATIONS.

2 No funds are authorized to be appropriated under this

3 Act for the Department of Justice.

4 SEC. 1003. INCORPORATION OF CLASSIFIED ANNEX.

5 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

6 Annex prepared by the Committee on Armed Services of the

7 House of Representatives to accompany the bill H.R. 4301

8 of the One Hundred Third Congress and transmitted to the

9 President is hereby incorporated into this Act.

10 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

11 ACT.—The amounts specified in the Classified Annex are

12 not in addition to amounts authorized to be appropriated

13 by other provisions of this Act.

14 (c) LIMITATION ON USE OF FUNDS.—Funds appro15 priated pursuant to an authorization contained in this Act

16 that are made available for a program, project, or activity

17 referred to in the Classified Annex may only be expended

18 for such program, project, or activity in accordance with

19 such terms, conditions, limitations, restrictions, and re20 quirements as are set out for that program, project, or activ21 ity in the Classified Annex.

22 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

23 President shall provide for appropriate distribution of the

24 Classified Annex, or of appropriate portions of the annex,

25 within the executive branch of the Government.
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1 SEC. 1004. DATE FOR SUBMISSION OF FUTURE-YEARS MIS2 SION BUDGET.

3 Section 222(a) of title 10, United States Code, is

4 amended by striking out ‘‘at the same time that’’ in the

5 second sentence and inserting in lieu thereof ‘‘within 30

6 days after the date on which’’.

7 SEC. 1005. IDENTIFICATION AND REPORTING OF UNAU8 THORIZED APPROPRIATIONS.

9 (a) IN GENERAL.—(1) Chapter 9 of title 10, United

10 States Code, is amended by inserting after section 222 the

11 following new section:

12 ‘‘§ 223. Identification of unauthorized appropriations

13 ‘‘(a) IDENTIFICATION.—(1) Upon the enactment of a

14 law making a defense appropriation, the Secretary of De15 fense shall determine, with respect to each defense appro16 priation provided in that law—

17 ‘‘(A) whether any part of such appropriation

18 provides funds for an unauthorized program element

19 (as defined in subsection (c)); and

20 ‘‘(B) if there are funds provided as part of any

21 such appropriation for an unauthorized program ele22 ment, the total amount of funds provided under that

23 appropriation for all such unauthorized program ele24 ments.

25 ‘‘(2) A determination under paragraph (1) shall be

26 made with respect to a defense appropriation for a fiscal
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1 year immediately upon enactment of the law making that

2 appropriation. However, if as of the enactment of such law

3 there has not been enacted a law specifically authorizing

4 appropriations for that fiscal year for the purposes named

5 in section 114(a) of this title, such determination shall be

6 made immediately after enactment of such an authorization

7 law.

8 ‘‘(3) Not later than 30 days after the enactment of such

9 an appropriation or authorization law (whichever is en10 acted later), the Secretary shall submit to Congress a report

11 identifying—

12 ‘‘(A) any unauthorized program element; and

13 ‘‘(B) any amount determined under paragraph

14 (1)(B).

15 ‘‘(b) COMPTROLLER GENERAL REVIEW AND RE16 PORT.—(1) The Comptroller General shall promptly review

17 each report of the Secretary under subsection (a). The

18 Comptroller General shall submit a report to Congress if

19 the Comptroller General determines—

20 ‘‘(A) that the law with respect to which the Sec21 retary submitted a report provides appropriations for

22 an unauthorized program element in addition to

23 those identified in the report of the Secretary; or
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1 ‘‘(B) that a program element identified in that

2 report as an unauthorized program element is not un3 authorized.

4 ‘‘(2) A report under paragraph (1)—

5 ‘‘(A) shall identify those defense appropriations,

6 and program elements under appropriations, with re7 spect to which the Comptroller General made deter8 minations under subparagraphs (A) and (B), respec9 tively, of such paragraph; and

10 ‘‘(B) shall include such comments and rec11 ommendations as the Comptroller General considers

12 appropriate.

13 ‘‘(3) Such a report shall be submitted not later than

14 30 days after the date on which the report of the Secretary

15 under subsection (a) is received by Congress.

16 ‘‘(c) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘defense appropriation’ means an

18 amount appropriated or otherwise made available by

19 Congress in an appropriation law for one of the pur20 poses stated in section 114(a) of this title.

21 ‘‘(2) The term ‘unauthorized program element’

22 means a program element of a program, project, or

23 activity of the Department of Defense (as identified in

24 budget documents of the Department of Defense or in

25 congressional budget documents) for which an amount
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1 is provided under a defense appropriation (whether or

2 not specified in the appropriation Act concerned) in

3 an amount greater than the amount authorized by

4 law to be appropriated for such program element

5 (whether or not such authorized amount is specified

6 by law), determined by taking into consideration stat7 utory language, legislative history, and budget docu8 ments submitted to Congress by the Department of

9 Defense.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by adding at the end the following new item:

‘‘223. Identification of unauthorized appropriations.’’.

12 (b) EFFECTIVE DATE.—Section 223 of title 10, United

13 States Code, as added by subsection (a), shall apply with

14 respect to amounts appropriated for fiscal years after fiscal

15 year 1994.

16 Subtitle B—Counter-Drug Activities

17 SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR

18 COUNTER-DRUG ACTIVITIES OF OTHER AGEN19 CIES.

20 (a) EXTENSION OF SUPPORT AUTHORIZATION.—Sec21 tion 1004(a) of the National Defense Authorization Act for

22 Fiscal Year 1991 (10 U.S.C. 374 note) is amended by strik23 ing out ‘‘through 1995’’ and inserting in lieu thereof

24 ‘‘through 1997’’.
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1 (b) FUNDING OF SUPPORT ACTIVITIES.—Of the

2 amount authorized to be appropriated for fiscal year 1995

3 under section 301 for operation and maintenance with re4 spect to drug interdiction and counter-drug activities,

5 $40,000,000 shall be available to the Secretary of Defense

6 for the purposes of carrying out section 1004 of the National

7 Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.

8 374 note).

9 Subtitle C—Contingency Operations

10 SEC. 1021. FUNDING FOR CONTINGENCY OPERATIONS.

11 (a) RESTRICTION.—Section 127a of title 10, United

12 States Code, is amended—

13 (1) by striking out paragraph (3) of subsection

14 (b);

15 (2) by transferring subsection (d) to the end of

16 the section and redesignating that subsection as sub17 section (j);

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

19 new subsection (d):
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1 ‘‘(d) LIMITATION ON SOURCE OF FUNDS FOR CONTIN2 GENCY OPERATIONS.—The Secretary of Defense may not

3 use amounts in an operation and maintenance operating

4 forces account (known as a budget activity 1 account) in

5 fully reimbursing the Defense Business Operations Fund

6 under a plan referred to in subsection (c).’’;

7 (4) by redesignating subsections (f), (g), and (h)

8 as subsections (g), (h), and (i), respectively; and

9 (5) by inserting after subsection (e) the following

10 new subsection (f):

11 ‘‘(f) RESTRICTION.—(1) When an operating unit of the

12 armed forces is assigned to carry out an operational mis13 sion for which funds were not specifically provided in the

14 budget for the then-current fiscal year, otherwise applicable

15 funding procedures described in paragraph (2) may not be

16 waived unless the operational mission is designated as a

17 National Contingency Operation under subsection (a).

18 ‘‘(2) Paragraph (1) applies to a provision of law or

19 a Government accounting practice that requires (or that has

20 the effect of requiring) that when an operating unit of the

21 armed forces receives support services from a support unit

22 of the armed forces that operates through the Defense Busi23 ness Operations Fund (or a successor fund), that operating

24 unit shall reimburse that support unit (or that fund) for
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1 the costs incurred by the support unit (or the fund) in pro2 viding such support.’’.

3 (b) EXTENSION OF USES OF APPROPRIATED FUND.—

4 Subsection (e) of such section is amended—

5 (1) in the subsection heading, by striking out

6 ‘‘INCREMENTAL PERSONNEL COSTS ACCOUNT’’ and

7 inserting in lieu thereof ‘‘NATIONAL CONTINGENCY

8 OPERATION NON-DBOF COSTS FUND’’;

9 (2) in the first sentence, by striking out ‘‘Person10 nel’’ and inserting in lieu thereof ‘‘Non-DBOF Costs’’;

11 and

12 (3) in the second sentence, by inserting before the

13 period the following: ‘‘and for other costs attributable

14 to a National Contingency Operation for which funds

15 cannot be provided through the Defense Business Op16 erations Fund (or a successor fund), and for no other

17 purpose’’.

18 SEC. 1022. EXTENSION OF AUTHORITY TO ENTER INTO CER19 TAIN COOPERATIVE AGREEMENT AUTHORI20 TIES TO INCLUDE THE UNITED NATIONS AND

21 REGIONAL ORGANIZATIONS OF WHICH THE

22 UNITED STATES IS A MEMBER.

23 (a) LOGISTICS AGREEMENTS.—Section 2341 of title

24 10, United States Code, is amended—
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1 (1) by striking out ‘‘and’’ the first place it ap2 pears in paragraph (1) and inserting in lieu thereof

3 a comma, and

4 (2) by inserting after ‘‘from North Atlantic sub5 sidiary bodies’’ the following: ‘‘, and from the United

6 Nations Organization or any regional international

7 organization of which the United States is a mem8 ber’’.

9 (b) CROSS-SERVICING AGREEMENTS.—Section

10 2342(a) of such title is amended—

11 (1) in paragraph (1)—

12 (A) by striking out ‘‘or’’ at the end of sub13 paragraph (B);

14 (B) by redesignating subparagraph (C) as

15 subparagraph (D); and

16 (C) by inserting after subparagraph (B) the

17 following new subparagraph (C):

18 ‘‘(C) the United Nations Organization or any re19 gional international organization of which the United

20 States is a member; or’’; and

21 (2) in paragraph (2), by striking out ‘‘subsidi22 ary body’’ both places it appears and inserting in

23 lieu thereof ‘‘organization’’.

24 (c) METHOD OF PAYMENT FOR ACQUISITIONS AND

25 TRANSFERS.—Section 2344(b)(4) of such title is amended
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1 by adding at the end the following new sentence: ‘‘The pric2 ing principles set forth in paragraphs (1) and (2) shall also

3 apply to agreements under this subchapter with the United

4 Nations Organization or any regional international organi5 zation of which the United States is a member.’’.

6 (d) DEFINITIONS.—Section 2350 of such title is

7 amended—

8 (1) in paragraph (1)—

9 (A) by inserting ‘‘(including airlift)’’ after

10 ‘‘transportation’’;

11 (B) by inserting ‘‘calibration services,’’ after

12 ‘‘maintenance services,’’; and

13 (C) by adding at the end the following new

14 sentence: ‘‘Such term includes temporary use of

15 general purpose vehicles and other items of mili16 tary equipment not designated as part of the

17 United States Munitions List pursuant to sec18 tion 38(a)(1) of the Arms Export Control Act.’’;

19 and

20 (2) by adding at the end the following new para21 graph:

22 ‘‘(4) The term ‘transfer’ means loaning, or other23 wise temporarily providing, logistic support, supplies,

24 and services under the terms of a cross-servicing

25 agreement.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by this

2 section shall apply with regard to any acquisition or trans3 fer of logistic support, supplies, and services under the au4 thority of subchapter I of chapter 138 of title 10, United

5 States Code, that is initiated after the date of the enactment

6 of this Act.

7 SEC. 1023. OVERSEAS HUMANITARIAN, DISASTER, AND

8 CIVIC AID.

9 (a) OHDACA PROGRAMS.—For purposes of section

10 301 and other provisions of this Act, programs of the De11 partment of Defense designated as Oversesas Humani12 tarian, Disaster, and Civic Aid (OHDACA) programs are

13 the programs provided by sections 401, 402, 2547, and 2551

14 of title 10, United States Code, by section 2219 of title 10,

15 United States Code, as added by section 1024, and by sec16 tion 1025.

17 (b) LIMITATION.—Not more than one-half of the

18 amount authorized to be appropriated in section 301 for

19 those programs may be obligated until—

20 (1) the regulations required to be prescribed by

21 subsection (a) of section 1504 of the National Defense

22 Authorization Act for Fiscal Year 1994 (Public Law

23 103–160; 107 Stat. 1839) have been prescribed; and

24 (2) the report required to be submitted by sub25 section (d) of that section has been submitted.
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1 SEC. 1024. DISASTER RELIEF.

2 (a) IN GENERAL.—Chapter 131 of title 10, United

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

4 new section:

5 ‘‘§ 2219. Disaster relief; Defense Emergency Response

6 Fund

7 ‘‘(a) DOMESTIC DISASTER RELIEF.—The Defense

8 Emergency Response Fund (established by title V of Public

9 Law 101–165 (103 Stat. 1126)) is available only for assist10 ance in the case of disasters occurring in the United States.

11 ‘‘(b) OVERSEAS DISASTER RELIEF.—The Secretary of

12 Defense shall carry out such foreign disaster assistance as

13 the President may direct the Secretary to provide. Whenever

14 the Secretary of Defense is directed to provide disaster relief

15 assistance in the case of a natural or manmade disaster

16 occurring outside the United States, the Secretary shall des17 ignate the activity of the Department of Defense to provide

18 that assistance to be a National Contingency Operation

19 under section 127a of this title.

20 ‘‘(c) ORGANIZING POLICIES AND PROGRAMS.—

21 Amounts appropriated for any fiscal year for Oversesas

22 Humanitarian, Disaster, and Civic Aid (OHDACA) pro23 grams of the Department of Defense shall be available for

24 organizing general policies and programs for disaster relief

25 programs for disasters occurring outside the United

26 States.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

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

3 end the following new item:

‘‘2219. Disaster relief; Defense Emergency Response Fund.’’.

4 SEC. 1025. HUMANITARIAN ASSISTANCE PROGRAM FOR

5 CLEARING LANDMINES.

6 (a) PROGRAM.—The Secretary of Defense shall carry

7 out a program to assist other nations in clearing landmines

8 for humanitarian purposes. Such assistance may be pro9 vided in the form of financial assistance, in-kind or person10 nel assistance, or both.

11 (b) LIMITATION ON ACTIONS OF UNITED STATES PER12 SONNEL.—The Secretary of Defense shall ensure that Unit13 ed States military personnel are not engaged in the physical

14 lifting or destroying of landmines except in support of

15 United States military operations.

16 (c) SOURCE OF FUNDS.—Of the funds authorized to

17 be appropriated by section 301 for Overseas Humanitarian,

18 Disaster, and Civic Aid (OHDACA) programs of the De19 partment of Defense, such sums as determined by the Sec20 retary of Defense shall be available for the program under

21 subsection (a) and may be used for—

22 (1) activities to support the clearing of land23 mines for humanitarian purposes, including activities

24 relating to the furnishing of education, training, tech25 nical assistance, equipment, and technology; and
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1 (2) contributions to nongovernmental organiza2 tions that have experience in landmine clearance to

3 support activities described in paragraph (1).

4 Subtitle D—Other Matters

5 SEC. 1031. ANNUAL REPORT ON DENIAL, REVOCATION, AND

6 SUSPENSION OF SECURITY CLEARANCES.

7 (a) IN GENERAL.—The Secretary of Defense shall sub8 mit to Congress, not later than 90 days after the close of

9 each of fiscal years 1995 through 2000, a report concerning

10 the denial, revocation, or suspension of security clearances

11 for Department of Defense military and civilian personnel,

12 and for Department of Defense contractor employees, for

13 that fiscal year.

14 (b) MATTER TO BE INCLUDED IN REPORT.—The Sec15 retary shall include in each such report the following infor16 mation with respect to the fiscal year preceding the fiscal

17 year during which the report is submitted (shown sepa18 rately for members of the Armed Forces, civilian officers

19 and employees of the Department of Defense, and employees

20 of contractors of the Department of Defense):

21 (1) The number of denials, revocations, and sus22 pensions of a security clearance, including clearance

23 for special access programs and for sensitive compart24 mented information.
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1 (2) For cases involving the denial of a security

2 clearance, the average time period from the date of the

3 initial determination and notification to the individ4 ual concerned of the denial of the clearance to the date

5 of the final determination of the denial, as well as the

6 shortest and longest time period in such cases.

7 (3) For cases involving the suspension of a secu8 rity clearance, the average time period from the date

9 of the initial determination and notification to the

10 individual concerned of the suspension of the clear11 ance to the date of the final determination of the sus12 pension, as well as the shortest and longest time pe13 riod of such cases.

14 (4) The number of cases in which a security

15 clearance was suspended in which the resolution of

16 the matter was the restoration of the security clear17 ance, and the average period of time for such suspen18 sions.

19 (5) The number of cases in which an individual

20 who had a security clearance denied or revoked re21 mained employed with the employing contractor or

22 agency, or remained a member of the Armed Forces,

23 for three months, for six months, and for twelve

24 months after the date of the final determination to

25 deny or revoke the clearance.
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1 (6) The number of cases in which an individual

2 who had a security clearance suspended, and in

3 which no final determination had been made, re4 mained employed with the employing contractor or

5 agency, or remained a member of the Armed Forces,

6 for three months, for six months, and for twelve

7 months after the date of the suspension.

8 (7) The number of cases in which an appeal was

9 made from a final determination to deny or revoke a

10 security clearance and, of those, the number in which

11 the appeal resulted in the granting or restoration of

12 the security clearance.

13 SEC. 1032. COMMISSION ON ROLES AND MISSIONS OF THE

14 ARMED FORCES.

15 (a) SIZE OF COMMISSION.—Section 952(b)(1) of the

16 National Defense Authorization Act for Fiscal Year 1994

17 (107 Stat. 1738) is amended by striking out ‘‘seven mem18 bers’’ and inserting in lieu thereof ‘‘ten members’’.

19 (b) CONFORMING AMENDMENT.—Section 956(b)(1) of

20 such Act (107 Stat. 1740) is amended by striking out ‘‘Four

21 members’’ and inserting in lieu thereof ‘‘Six members’’.

22 (c) DEADLINE FOR APPOINTMENT OF ADDITIONAL

23 MEMBERS OF COMMISSION.—The additional members of

24 the Commission on Roles and Missions of the Armed Forces

25 authorized by the amendment made by subsection (a) shall
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1 be appointed by the Secretary of Defense within 45 days

2 after the date of the enactment of this Act.

3 SEC. 1033. PROHIBITION ON AUTHORIZATION OF PAYMENT

4 OF COSTS UNDER DEFENSE CONTRACTS FOR

5 RESTRUCTURING COSTS OF A MERGER OR

6 ACQUISITION.

7 On and after May 4, 1994, the Secretary of Defense

8 may not authorize payment of any restructuring costs asso9 ciated with a merger or acquisition that are incurred by

10 a contractor under contract with the Department of De11 fense.

12 SEC. 1034. TRANSFER OF CERTAIN B–17G AIRCRAFT.

13 The Secretary of the Air Force shall transfer all right,

14 title, and interest of the Air Force in a B–17G aircraft,

15 serial number 44–83684, to the organization known as

16 Planes of Fame, Chino, California.

17 SEC. 1035. USS INDIANAPOLIS (CA–35): GALLANTRY, SAC18 RIFICE AND A DECISIVE MISSION TO END WW

19 II.

20 (a) The Congress finds that—

21 (1) the USS INDIANAPOLIS served the people

22 of the United States with valor and distinction

23 throughout World War Two in action against enemy

24 forces in the Pacific Theater of operations from 7 De25 cember 1941 to 29 July 1945,
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1 (2) the fast and powerful heavy cruiser with its

2 courageous and capable crew, compiled an impressive

3 combat record during her victorious forays across the

4 battle-torn reaches of the Pacific, receiving in the

5 process ten hard-earned Battle Stars from the Aleu6 tians to Okinawa,

7 (3) this mighty ship repeatedly proved herself a

8 swift, hard-hitting weapon of our Pacific Fleet, ren9 dering invaluable service in anti-shipping, shore bom10 bardments, anti-air and invasion support roles, serv11 ing with honor and great distinction as Fifth Fleet

12 Flagship under Adm. Raymond Spruance, USN, and

13 Third Fleet Flagship under Adm. William F. Halsey,

14 USN,

15 (4) this gallant ship, owing to her superior speed

16 and record of accomplishment, transported the world’s

17 first operational atomic bomb to the Island of Tinian,

18 accomplishing her mission at a record average speed

19 of 29 knots,

20 (5) following the accomplishment of her mission,

21 the INDIANAPOLIS departed Tinian for Guam. And

22 from Guam she embarked for the Leyte Gulf where she

23 would join with the fleet assembling for the invasion

24 of Japan. And at 0014 hours on 30 July 1945, the
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1 USS INDIANAPOLIS was sunk by enemy torpedo

2 action,

3 (6) of her crew of 1,198 officers and men, ap4 proximately 900 survived the initial torpedo attack.

5 And, owing to the fact that her communication abil6 ity had been destroyed in the attack, INDIANAP7 OLIS’ sinking was not discovered for 5 fateful days,

8 during which the survivors suffered incessant shark

9 attacks, starvation, desperate thirst, and exposure.

10 Only 319 were rescued, and

11 (7) from her participation in the earliest offen12 sive actions in the Pacific in World War II to becom13 ing the last capital ship lost in that conflict, the USS

14 INDIANAPOLIS, and her crew left an indelible im15 print on our nation’s struggle to eventual victory.

16 And this selfless and outstanding performance of duty

17 reflects great credit upon the ship and her crew, thus

18 upholding the very highest traditions of the United

19 States Naval Service.

20 (b) Therefore, the Congress of the United States, acting

21 on behalf of the grateful people of the United States, hereby

22 recognizes the invaluable contributions of the USS INDI23 ANAPOLIS to the ending of WW II. And on the occasion

24 of the 50th Anniversary of her tragic sinking, and the dedi25 cation of her National Memorial in Indianapolis on July
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1 30th, 1995, the Congress hereby commends this gallant ship

2 and her crew for selfless and heroic service to the United

3 States of America.

4 SEC. 1036. SENSE OF CONGRESS CONCERNING COMMENDA5 TION OF INDIVIDUALS EXPOSED TO MUS6 TARD AGENTS DURING WORLD WAR II TEST7 ING ACTIVITIES.

8 (a) SENSE OF CONGRESS.—It is the sense of Congress

9 that the Secretary of Defense should issue to each individual

10 described in subsection (b) a commendation in honorary

11 recognition of the individual’s special service, loyalty, and

12 contribution to the United States.

13 (b) COVERED INDIVIDUALS.—Individuals referred to

14 in subsection (a) are those individuals who, as members of

15 the Armed Forces or employees of the Department of War

16 during World War II, were exposed (without their knowl17 edge or consent) to mustard agents in connection with test18 ing performed by the Department of War during that war.

19 (c) NOTIFICATION OF EXPOSURE.—The Secretary of

20 Defense shall notify each surviving individual described in

21 subsection (b) of—

22 (1) the exposure described in subsection (a);

23 (2) the possible health effects of the exposure that

24 are known to the Secretary; and
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1 (3) the likely options available to the individual

2 for medical treatment for any adverse health effects

3 resulting from the exposure.

4 (d) FURNISHING OF INFORMATION TO SECRETARY OF

5 VETERANS AFFAIRS.—The Secretary of Defense shall pro6 vide to the Secretary of Veterans Affairs any information

7 of the Department of Defense regarding the exposure de8 scribed in subsection (a), including the names of the indi9 viduals described in subsection (b).

10 SEC. 1037. SENSE OF CONGRESS CONCERNING ELIGIBILITY

11 FOR ARMED FORCES EXPEDITIONARY MEDAL

12 BASED UPON SERVICE IN EL SALVADOR.

13 (a) SENSE OF CONGRESS.—It is the sense of Congress

14 that, for the purpose of determining eligibility of members

15 and former members of the Armed Forces for the Armed

16 Forces Expeditionary Medal, the country of El Salvador

17 during the period beginning on January 1, 1981, and end18 ing on February 1, 1992, should be treated as having been

19 designated as an area and a period of time in which mem20 bers of the Armed Forces participated in operations in sig21 nificant numbers and otherwise met the general require22 ments for the award of that medal.

23 (b) INDIVIDUAL DETERMINATION.—The Secretary of

24 the military department concerned should determine wheth25 er individual members or former members of the Armed
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1 Forces who served in El Salvador during the period begin2 ning on January 1, 1981, and ending on February 1, 1992,

3 meet the individual service requirements for award of the

4 Armed Forces Expeditionary Medal as established in appli5 cable regulations. Such determinations should be made as

6 expeditiously as possible after the date of the enactment of

7 this Act.

8 SEC. 1038. MILITARY-TO-MILITARY CONTACT PROGRAM.

9 (a) AUTHORIZATION.—Of amounts appropriated pur10 suant to section 301(5) for Defense-wide activities,

11 $45,800,000 shall be available to continue efforts that were

12 initiated by the commander of a United States unified com13 mand and approved by the chairman of the Joint Chiefs

14 of Staff for military-to-military contacts and comparable

15 activities that are designed to assist the military forces of

16 other countries in understanding the appropriate role of

17 military forces in a democratic society.

18 (b) REPORT TO CONGRESS.—Not more than

19 $10,000,000 of the funds authorized by subsection (a) may

20 be obligated until the Secretary of Defense submits to Con21 gress a report describing in detail how the military-to-mili22 tary contact program will be executed during fiscal year

23 1995.
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1 SEC. 1039. LIMITATION ON OBLIGATION OF FUNDS FOR

2 OVERSEAS BASING ACTIVITIES.

3 (a) LIMITATION.—The total amount authorized to be

4 appropriated to the Department of Defense for operation

5 and maintenance and for military construction (including

6 construction and improvement of military family housing)

7 that is obligated to conduct overseas basing activities dur8 ing fiscal year 1995 may not exceed $8,181,000,000, except

9 to the extent provided by the Secretary of Defense under

10 subsection (b).

11 (b) EXCEPTION.—The Secretary of Defense may in12 crease the amount of the limitation under subsection (a)

13 by such amount as the Secretary determines to be necessary

14 in the national interest, except that such increase may not

15 exceed $400,000,000. The Secretary may not make any such

16 increase until the Secretary notifies the Congress of the Sec17 retary’s intent to make such an increase and a period of

18 15 days elapses after the day on which the notification is

19 received by the Congress.

20 (c) ALLOCATIONS OF SAVINGS.—Any amounts appro21 priated to the Department of Defense for fiscal year 1995

22 for the purposes covered by subsection (a) that are not avail23 able to be used for those purposes by reason of the limitation

24 in that subsection shall be allocated by the Secretary of De25 fense for operation and maintenance and for military con-
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1 struction activities of the Department of Defense at military

2 installations and facilities located inside the United States.

3 (d) DEFINITION.—In this section, the term ‘‘overseas

4 basing activities’’ has the meaning given such term in sec5 tion 1401(d)(2) of the National Defense Authorization Act

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

7 1825), except that such term does not include activities of

8 the Department of Defense for which funds are provided

9 through appropriations for Military Personnel.

10 SEC. 1040. TRANSPORTATION OF CHEMICAL MUNITIONS.

11 (a) PROHIBITION OF TRANSPORTATION ACROSS STATE

12 LINES.—The Secretary of Defense may not transport any

13 chemical munition that constitutes part of the chemical

14 weapons stockpile out of the State in which that munition

15 is located on the date of the enactment of this Act and, in

16 the case of any such chemical munition not located in a

17 State on the date of the enactment of this Act, may not

18 transport any such munition into a State.

19 (b) TRANSPORTATION OF CHEMICAL MUNITIONS NOT

20 IN CHEMICAL WEAPONS STOCKPILE.—If it is considered

21 necessary, the Secretary of Defense may transport to the

22 nearest chemical munitions stockpile storage facility that

23 has necessary permits for receiving and storing such items

24 any chemical munitions that are discovered or otherwise

25 come within the control of the Department of Defense and
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1 that do not constitute part of the chemical weapons stock2 pile, if the transportation of those munitions to that facility

3 can be accomplished while protecting public health and

4 safety.

5 SEC. 1041. FINDINGS AND SENSE OF CONGRESS CONCERN6 ING THE NORTH ATLANTIC TREATY ORGANI7 ZATION.

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

9 findings:

10 (1) The North Atlantic Treaty Organization has

11 served as a bulwark of peace, security, and democracy

12 for the United States and the members of the alliance

13 since 1949.

14 (2) The unswerving resolve of the member states

15 of the North Atlantic Treaty Organization to mutual

16 defense against the threat of communist aggression

17 was central to the demise of the Warsaw Pact.

18 (3) The North Atlantic Treaty Organization is

19 the most successful international security organiza20 tion in history, and is well suited to help marshal our

21 cooperative political, diplomatic, economic, and hu22 manitarian efforts, buttressed by credible military ca23 pability aimed at deterring conflict, and thus contrib24 uting to international peace and security.
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1 (4) The threat of instability in Eastern and

2 Central Europe, as well as in the Southern and East3 ern Mediterranean, continues to pose a fundamental

4 challenge to the interests of the member states of the

5 North Atlantic Treaty Organization.

6 (5) North Atlantic Treaty Organization assets

7 have been deployed in recent years for more than the

8 territorial defense of alliance members; and the Rome

9 Summit of October 1991 adopted a new strategic con10 cept for the North Atlantic Treaty Organization that

11 entertained the possibility of operations beyond the

12 alliance’s self-defense area.

13 (6) In Oslo in July 1992, and in Brussels in De14 cember 1992, the alliance embraced the deployment of

15 North Atlantic Treaty Organization forces to peace16 keeping operations under the auspices of the United

17 Nations or the Conference on Security and Coopera18 tion in Europe.

19 (7) The North Atlantic Treaty Organization

20 should attempt to cooperate with and seek a mandate

21 from international organizations such as the United

22 Nations when considering responses to out of area cri23 ses.

24 (8) Not all members of the international commu25 nity share a commonality of interests that would en-
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1 sure timely action by the United Nations Security

2 Council.

3 (9) The security interests of the member coun4 tries of the North Atlantic Treaty Organization must

5 not be held hostage to indecision at the United Na6 tions or a veto by a permanent member of the Secu7 rity Council.

8 (b) SENSE OF CONGRESS.—It is the sense of the Con9 gress that—

10 (1) it should be the policy of the United States

11 that the North Atlantic Treaty Organization retains

12 the right of autonomy of action regarding missions in

13 addition to collective defense should the United Na14 tions Security Council or the Conference on Security

15 and Cooperation in Europe fail to act;

16 (2) while it is desirable to work with other inter17 national organizations and arrangements where fea18 sible in dealing with threats to the peace, the North

19 Atlantic Treaty Organization is not an auxiliary to

20 the United Nations or other organization; and

21 (3) ultimately the member states of the North At22 lantic Treaty Organization reserve the right to act in

23 defense of their vital interests independent of decisions

24 by any international organization or arrangement.
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1 SEC. 1042. REPORT ON STATUS OF DEFENSE RANDOM DRUG

2 TESTING PROGRAM.

3 Not later than six months after the date of the enact4 ment of this Act, the Secretary of Defense shall submit a

5 report to Congress describing the policy and procedures

6 under which the Armed Forces conduct random drug testing

7 of members of the Armed Forces, the frequency of such test8 ing, and the number of members annually required to sub9 mit to such testing. The report shall describe any changes

10 that were made or proposed to be made to such policy or

11 procedures or to the frequency of such testing during the

12 one-year period ending on the date of the enactment of this

13 Act.

14 SEC. 1043. REDUCTION OF UNITED STATES MILITARY

15 FORCES IN EUROPE.

16 (a) END STRENGTH REDUCTIONS FOR MILITARY PER17 SONNEL IN EUROPE.—Notwithstanding section 1002(c)(1)

18 of the National Defense Authorization Act, 1985 (22 U.S.C.

19 1928 note), but subject to subsection (d), for each of fiscal

20 years 1996, 1997, 1998, and 1999, the Secretary of Defense

21 shall reduce the end strength level of members of the Armed

22 Forces of the United States assigned to permanent duty

23 ashore in European member nations of the North Atlantic

24 Treaty Organization in accordance with subsection (b).

25 (b) REDUCTION FORMULA.—
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1 (1) APPLICATION OF FORMULA.—For each per2 centage point that the allied contribution level deter3 mined under paragraph (2) is below the goal specified

4 in subsection (c) as of the end of a fiscal year, the

5 Secretary of Defense shall reduce the end strength

6 level of members of the Armed Forces of the United

7 States assigned to permanent duty ashore in Euro8 pean member nations of NATO by 1,000 for the next

9 fiscal year. The reduction shall be made from the end

10 strength level in effect, pursuant to section 1002(c)(1)

11 of the National Defense Authorization Act, 1985 (22

12 U.S.C. 1928 note), and subsection (a) of this section

13 (if applicable), for the fiscal year in which the allied

14 contribution level is below the goal specified in sub15 section (c).

16 (2) ALLIED CONTRIBUTION LEVEL.—To deter17 mine the allied contribution level with respect to a

18 fiscal year, the Secretary of Defense shall calculate the

19 aggregate amount of nonpersonnel costs for United

20 States military installations in European member

21 nations of NATO that are assumed during that fiscal

22 year by such nations, except that the Secretary may

23 consider only those cash and in-kind contributions by

24 such nations that replace expenditures that would

25 otherwise be made by the Secretary using funds ap-
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1 propriated or otherwise made available in defense ap2 propriations Acts.

3 (c) ANNUAL GOALS FOR FORCE REDUCTION.—In con4 tinuing efforts to enter into revised host-nation agreements

5 as described in section 1301(e) of National Defense Author6 ization Act for Fiscal Year 1993 (Public Law 102–484; 106

7 Stat. 2545) and section 1401(c) of the National Defense Au8 thorization Act for Fiscal Year 1994 (Public Law 103–160;

9 107 Stat. 1824), the President is urged to seek to have Euro10 pean member nations of NATO assume an increased share

11 of the nonpersonnel costs of United States military installa12 tions in those nations in accordance with the following

13 timetable:

14 (1) By September 30, 1995, 18.75 percent of such

15 costs should be assumed by those nations.

16 (2) By September 30, 1996, 37.5 percent of such

17 costs should be assumed by those nations.

18 (3) By September 30, 1997, 56.25 percent of such

19 costs should be assumed by those nations.

20 (4) By September 30, 1998, 75 percent of such

21 costs should be assumed by those nations.

22 (d) EXCEPTIONS.—

23 (1) MINIMUM END STRENGTH AUTHORITY.—Not24 withstanding reductions required pursuant to sub25 section (a), the Secretary of Defense may maintain
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1 an end strength of at least 25,000 members of the

2 Armed Forces of the United States assigned to perma3 nent duty ashore in European member nations of

4 NATO.

5 (2) WAIVER AUTHORITY.—The President may

6 waive operation of this section if the President de7 clares an emergency and immediately informs the

8 Congress of the waiver and the reasons for the waiver.

9 (e) ALLOCATION OF FORCE REDUCTIONS.—To the ex10 tent that there is a reduction in end strength level for any

11 of the Armed Forces in European member nations of NATO

12 in a fiscal year pursuant to subsection (a)—

13 (1) half of the reduction shall be used to make

14 a corresponding reduction in the authorized end

15 strength level for active duty personnel for such

16 Armed Force for that fiscal year; and

17 (2) half of the reduction shall be used to make

18 a corresponding increase in permanent assignments

19 or deployments of forces in the United States or other

20 nations (other than European member nations of

21 NATO) for each such Armed Force for that fiscal

22 year, as determined by the Secretary of Defense.

23 (f) NONPERSONNEL COSTS DEFINED.—For purposes of

24 this section, the term ‘‘nonpersonnel costs’’, with respect to

25 United States military installations in European member
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1 nations of NATO, means costs for those installations other

2 than costs paid from military personnel accounts.

3 SEC. 1044. REPORT ON MILITARY READINESS IMPLICA4 TIONS OF BOSNIA PEACEKEEPING DEPLOY5 MENT.

6 (a) REPORT.—(1) The Secretary of Defense shall sub7 mit to the congressional defense committees a report assess8 ing the implications for United States military readiness

9 of the participation of United States ground combat forces

10 in peacekeeping operations within Bosnia-Hercegovina.

11 (2) The report shall be submitted not later than 90

12 days after the date of the enactment of this Act or 30 days

13 following the deployment of United States ground forces to

14 Bosnia-Hercegovina, whichever occurs sooner.

15 (b) MATTERS TO BE INCLUDED.—The report under

16 subsection (a) shall include the following:

17 (1) An estimate of the total number of forces re18 quired to carry out such an operation, including

19 forces required for a rotation base.

20 (2) An estimate of the expected duration of such

21 an operation.

22 (3) An estimate of the cost of such an operation,

23 together with an explanation of how the Secretary

24 proposes to provide funds for such an operation and
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1 an assessment of how such proposed funding plan

2 would affect overall military readiness.

3 (4) An assessment of the effect such an operation

4 would have on the ability of the United States Armed

5 Forces to execute successfully the two nearly-simulta6 neous major regional conflict strategy articulated in

7 the Bottom-Up Review.

8 (5) An assessment of how readily forces partici9 pating in such an operation could be redeployed to a

10 major regional conflict, including an analysis of the

11 availability of strategic lift, the likely condition of

12 equipment, and the extent of retraining necessary to

13 facilitate such a redeployment.

14 (6) An assessment of the effect such an operation

15 would have on the general combat readiness and

16 deployability of combat units designated to be part of

17 the contingency force, including the extent to which

18 contingency force combat units would support the ini19 tial deployment and subsequent rotations.

20 (7) An assessment of the effect such an operation

21 would have on the general combat readiness and

22 deployability of combat units not designated to be

23 part of the contingency force, including the extent to

24 which non-contingency force combat units would sup25 port the initial deployment and subsequent rotations.
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1 (8) For the initial deployment and subsequent

2 rotations, an assessment of the number and type of

3 combat support and combat service support units re4 quired from active forces, including how many of such

5 units are designated to support the deployment of the

6 contingency force.

7 (9) An assessment of the degree to which such an

8 operation would require the use of reserve component

9 units and personnel and the use and timing of invol10 untary Selected Reserve call-up authority as provided

11 by section 673b of title 10, United States Code.

12 (10) An assessment of the anticipated cost of

13 equipment refurbishment resulting from such an oper14 ation.

15 (11) An assessment of how the increased oper16 ational tempo associated with such an operation

17 would affect the mission capable readiness rates and

18 overall health of both strategic and theater airlift as19 sets.

20 (c) DEFINITIONS.—For purposes of this section:

21 (1) The term ‘‘contingency force’’ includes—

22 (A) the set of four or five Army divisions

23 that is designated as the Army contingency force

24 by the Secretary of the Army, as well as Army

25 active duty and reserve component combat, com-
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1 bat support, and combat service support units

2 designated to respond to a regional conflict with3 in the first 75 days of such conflict; and

4 (B) Air Force, Navy, and Marine Corps ac5 tive duty and reserve component combat, combat

6 support, and combat service support units des7 ignated to respond to a regional conflict within

8 the first 75 days of such conflict.

9 (2) The term ‘‘Bottom-Up Review’’ means the

10 October 1993 Department of Defense report entitled

11 ‘‘Report on the Bottom-Up Review’’.

12 (d) CLASSIFICATION OF REPORT.—The report required

13 by subsection (a) shall be submitted in unclassified form

14 and, if necessary, in classified form.

15 SEC. 1045. REPORT ON LESSONS LEARNED FROM UNITED

16 STATES ACTIVITIES IN SOMALIA.

17 (a) REPORT.—The Secretary of Defense shall submit

18 to Congress a report on the lessons learned from the United

19 States participation in United Nations activities in Soma20 lia.

21 (b) MATTERS TO BE INCLUDED.—The report shall—

22 (1) specifically describe the availability of intel23 ligence on forces of other nations and of indiginous

24 forces operating in Somalia before, during, and after

25 the insertion of United States forces; and
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1 (2) set forth a complete review of any intelligence

2 failures, any equipment failures, and any equipment

3 unavailability in the theater.

4 (c) SUBMISSION OF REPORT.—The report shall be sub5 mitted not later than 180 days after the date of the enact6 ment of this Act.

7 SEC. 1046. SENSE OF CONGRESS CONCERNING SAFE, SE8 CURE DISMANTLEMENT OF SOVIET NUCLEAR

9 ARSENAL.

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

11 (1) It is a pressing national security challenge

12 for the United States to expedite the safe, secure dis13 mantlement of the nuclear arsenal of the former So14 viet Union.

15 (2) In particular, it is essential to expedite the

16 return of strategic nuclear warheads from Ukraine,

17 Belarus, and Kazakhstan and to expedite the safe, se18 cure dismantlement of the nuclear delivery vehicles of

19 Ukraine, Belarus, and Kazakhstan.

20 (3) Leakage of nuclear materials and technology,

21 and the continuing threat of emigration of scientists

22 and technicians from the former Soviet nuclear weap23 ons complex, pose a grave threat to United States na24 tional security and to international stability.
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1 (4) Congress has authorized so-called ‘‘Nunn2 Lugar’’ funds to enable the Department of Defense to

3 carry out cooperative activities with states of the

4 former Soviet Union to address these threats.

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

6 that—

7 (1) the Secretary of Defense and and the Sec8 retary of State should continue to give their serious

9 attention to carrying out a coordinated strategy for

10 addressing this urgent national security issue;

11 (2) the United States should expedite the avail12 ability and effective application of so-called ‘‘Nunn13 Lugar’’ funds;

14 (3) when possible, the United States should work

15 with local contractors in Ukraine, Belarus,

16 Kazakhstan, and Russia to expedite effective use of

17 such funds; and

18 (4) efforts should be made to make the Science

19 and Technology Centers in Moscow and Kiev, de20 signed to slow the emigration of scientists and techni21 cians from the former Soviet weapons complex, fully

22 operational on an expedited basis.
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1 SEC. 1047. COORDINATION OF MILITARY-TO-MILTIARY CON2 TACT PROGRAMS.

3 (a) LIMITATION.—None of the amount authorized in

4 this Act for Cooperative Threat Reduction programs may

5 be obligated for a military-to-military contact program

6 until the Secretary of Defense and the Secretary of State

7 submit to Congress a joint report on the coordination of

8 military-to-military contact programs under their respec9 tive jurisdictions.

10 (b) COVERED PROGRAMS.—Programs to be covered in

11 the report under subsection (a) are the following:

12 (1) Military-to-miltiary contact programs to be

13 carried out using funds authorized in this Act for Co14 operative Threat Reduction programs.

15 (2) Military-to-military contact programs au16 thorized under other provisions of this Act.

17 (3) Military-to-military contact programs au18 thorized under chapter 5 of part II of the Foreign As19 sistance Act of 1961.

20 (c) MATTERS TO BE INCLUDED.—The report shall in21 clude discussion of how those programs are carried out to

22 maximize their effect in enhancing United States foreign

23 policy objectives and how they are carried out to maximize

24 their cost-efficiency.
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1 SEC. 1048. EXTENSION OF SEMIANNUAL REPORT ON COOP2 ERATIVE THREAT REDUCTION PROGRAMS.

3 Section 1207 of the Cooperative Threat Reduction Act

4 of 1993 (title XII of Public Law 103–60; 107 Stat. 1782)

5 is amended—

6 (1) by striking out ‘‘Not later than April 30,

7 1994, and not later than October 30, 1994,’’ and in8 serting in lieu thereof ‘‘Not later than April 30 and

9 not later than October 30 of each year,’’;

10 (2) by striking out ‘‘under this title’’ and insert11 ing in lieu thereof ‘‘under programs described in sec12 tion 1203(b)’’; and

13 (3) in paragraph (3), by striking out ‘‘this title’’

14 and inserting in lieu thereof ‘‘the programs described

15 in section 1203(b)’’.

16 SEC. 1049. LIMITATION ON COOPERATIVE THREAT REDUC17 TION PROGRAM RELATING TO OFFENSIVE BI18 OLOGICAL WEAPONS PROGRAM OF RUSSIA.

19 None of the amount authorized to be appropriated by

20 this Act for Cooperative Threat Reduction programs may

21 be obligated until the President certifies to Congress that

22 Russia has terminated its offensive biological weapons pro23 gram.
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1 SEC. 1050. PROHIBITION ON USE OF DEPARTMENT OF DE2 FENSE FUNDS FOR UNITED STATES SHARE

3 OF COSTS OF UNITED NATIONS PEACEKEEP4 ING OPERATIONS.

5 No funds authorized to be appropriated by this Act

6 may be transferred or obligated for the payment of the as7 sessed share of the United States for costs of United Nations

8 peacekeeping operations or for any arrearages derived

9 therefrom.

10 SEC. 1051. ASSISTANCE TO FAMILY MEMBERS OF KOREAN

11 CONFLICT POW/MIAS WHO REMAIN UNAC12 COUNTED FOR.

13 (a) SINGLE POINT OF CONTACT.—The Secretary of De14 fense shall designate an official of the Department of De15 fense to serve as a single point of contact within the depart16 ment for the immediate family members (or their designees)

17 of any unaccounted-for Korean Conflict POW/MIA.

18 (b) UNACCOUNTED-FOR KOREAN CONFLICT POW/MIA

19 DEFINED.—For purposes of this section, the term ‘‘unac20 counted-for Korean Conflict POW/MIA’’ means a member

21 of the Armed Forces or civilian employee of the United

22 States who, as a result of service during the Korean Con23 flict, was at any time classified as a prisoner of war or

24 missing-in-action or otherwise as unaccounted for and

25 whose person or remains have not been returned to United

26 States control and who remains unaccounted for.
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1 (c) FUNCTIONS.—The official designated under sub2 section (a) shall serve as a liaison between the family mem3 bers of unaccounted-for Korean Conflict POW/MIAs and the

4 Department of Defense and other Federal departments and

5 agencies that may hold information that may relate to un6 accounted-for Korean Conflict POW/MIAs. The functions of

7 that official shall include assisting family members—

8 (1) with procedures the family may follow in

9 their search for information about the unaccounted10 for Korean Conflict POW/MIA;

11 (2) in learning where they might locate informa12 tion about the unaccounted-for Korean Conflict POW/

13 MIA; and

14 (3) in learning how and where to identify classi15 fied records that contain pertinent information and

16 that will be declassified.

17 (d) ASSISTANCE IN OBTAINING DECLASSIFICATION.—

18 The official designated under subsection (a) shall seek to

19 obtain the rapid declassification of any relevant classified

20 records that are identified.

21 (e) REPOSITORY.—The official designated under sub22 section (a) shall provide for a centralized repository for all

23 documents relating to unaccounted-for Korean Conflict

24 POW/MIAs that are located as a result of the official’s ef25 forts.
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1 SEC. 1052. REPORT ASSESSING THE REGIONAL SECURITY

2 CONSEQUENCES OF UNITED STATES MILI3 TARY COOPERATION PROGRAMS.

4 (a) REPORT.—On or before the date of the submission

5 to Congress of the next annual report of the Secretary of

6 Defense submitted after the date of the enactment of this

7 Act, the Secretary of Defense shall submit to Congress a re8 port assessing the national security consequences of United

9 States military cooperation programs. The report shall be

10 organized into separate sections for each region of the world

11 (as defined by the Secretary) in which there is a significant

12 degree of internal political instability or possibility of

13 changes in the external policies of countries with which the

14 United States has significant military cooperation relation15 ships.

16 (b) MATTERS TO BE INCLUDED.—Each regional sec17 tion of the report required under subsection (a) shall include

18 the following:

19 (1) A description of cooperative military rela20 tionships in effect between the United States and the

21 countries of the region.

22 (2) A description of how these activities are in23 tended to improve regional security.

24 (3) An assessment of the risks associated with en25 gaging in military cooperation programs with coun26 tries in the region should the government of any of
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1 such country change its political orientation in a

2 manner hostile to United States interests.

3 (4) An analysis of the effect on regional security

4 of possible multilateral actions to reduce the military

5 capability of governments and military forces in the

6 region that could pose a future threat to United

7 States interests.

8 (c) CLASSIFIED AND UNCLASSIFIED FORM OF RE9 PORT.—The report under subsection (a) shall be submitted

10 in unclassified form and, to the extent necessary, in classi11 fied form.

12 SEC. 1053. STUDY ON USE OF LOW-ENRICHED URANIUM TO

13 FUEL NAVAL REACTORS.

14 Not later than June 1, 1995, the Secretary of Defense

15 and the Secretary of Energy shall jointly submit to the Con16 gress a report on the costs, advantages, and disadvantages

17 of using low-enriched uranium to fuel naval reactors. The

18 report shall include the following:

19 (1) An examination of the implications of using

20 low-enriched uranium to fuel naval reactors for cur21 rent and future United States nuclear-powered naval

22 vessels.

23 (2) An assessment of the effects of such use on—

24 (A) the factors of operating performance,

25 ship displacement, and reactor core life, includ-
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1 ing the full range of plausible trade-offs between

2 such factors;

3 (B) construction and operating costs; and

4 (C) naval fuel cycle impacts.

5 (3) An assessment of the effect on United States

6 nuclear nonproliferation policies if such use were es7 tablished, under the leadership of the United States,

8 as the future global norm.

9 (4) An assessment of the relative complexity, ef10 fectiveness, and risks of safeguards as applied to low11 enriched uranium and highly-enriched uranium

12 naval fuel cycles under the President’s proposal for a

13 global cutoff in the production of fissile material or

14 outside of safeguards.

15 (5) An assessment of the potential Federal budget

16 savings that would result from such use.

17 SEC. 1054. SENSE OF CONGRESS CONCERNING NUCLEAR

18 NONPROLIFERATION TREATY REVIEW CON19 FERENCE.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) The Treaty on the Non-Proliferation of Nuclear

23 Weapons, signed at Washington, D.C., London, and Mos24 cow on July 1, 1968, is the centerpiece of global efforts to

25 prevent the spread of nuclear weapons.
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1 (2) The United States has demonstrated longstand2 ing support for that treaty and related efforts to prevent

3 the spread of nuclear weapons.

4 (3) President Clinton has declared that preventing

5 the spread of nuclear weapons is one of the highest prior6 ities of his Administration.

7 (4) In April 1995, the parties to the Treaty on the

8 Non-Proliferation of Nuclear Weapons will convene a Re9 view Conference in New York City to discuss the indefinite

10 extension of the treaty.

11 (5) The policy of the President is to seek at the Re12 view Conference the indefinite and unconditional extension

13 of that treaty.

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

15 that—

16 (1) the President has the full support of Congress

17 in seeking the indefinite and unconditional extension

18 of the Treaty on the Non-Proliferation of Nuclear

19 Weapons;

20 (2) the President should as soon as possible fill

21 those positions at the United States Arms Control and

22 Disarmament Agency and other departments and

23 agencies with responsibility for nonproliferation and

24 the 1995 Review Conference for the Treaty on the

25 Non-Proliferation of Nuclear Weapons;
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1 (3) the President, when formulating and imple2 menting other elements of nonproliferation policy of

3 the United States (including United States counter

4 proliferation doctrine, the nuclear Posture Review,

5 and nuclear testing policy), should take into account

6 the objectives of the United States at the 1995 Review

7 Conference for the Treaty on the Non-Proliferation of

8 Nuclear Weapons; and

9 (4) the President and the President’s senior na10 tional security advisers should dedicate themselves to

11 ensuring the indefinite and unconditional extension of

12 the Treaty on the Non-Proliferation of Nuclear Weap13 ons at the 1995 Review Conference for that treaty.

14 SEC. 1055. ASSISTANCE FOR PUBLIC PARTICIPATION IN DE15 FENSE ENVIRONMENTAL RESTORATION AC16 TIVITIES.

17 (a) ESTABLISHMENT OF RESTORATION ADVISORY

18 BOARDS.—Section 2705 of title 10, United States Code, is

19 amended by adding after subsection (c) the following new

20 subsection:

21 ‘‘(d) RESTORATION ADVISORY BOARD.—In lieu of es22 tablishing a technical review committee under subsection

23 (c), the Secretary may permit the establishment of a res24 toration advisory board in connection with any installation

25 (or group of nearby installations) where the Secretary is
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1 planning or implementing environmental remediation ac2 tivities. The Secretary shall prescribe regulations regarding

3 the duties, composition, and establishment of, and the pay4 ment of routine administrative expenses of, restoration ad5 visory boards to be established pursuant to this subsection.’’.

6 (b) ASSISTANCE FOR CITIZEN PARTICIPATION ON

7 TECHNICAL REVIEW BOARDS AND RESTORATION ADVISORY

8 BOARDS.—Such section is further amended by adding after

9 subsection (d) (as added by subsection (a)) the following

10 new subsection:

11 ‘‘(e) ASSISTANCE FOR CITIZEN PARTICIPATION.—(1)

12 Using such amounts as may be made available under para13 graph (3), and pursuant to regulations prescribed by the

14 Secretary for this purpose, the Secretary shall provide funds

15 to facilitate the participation of private individuals on

16 technical review committees and restoration advisory

17 boards for the purpose of ensuring public input into the

18 planning and implementation of environmental remedi19 ation activities at installations where such committees and

20 boards are in operation.

21 ‘‘(2) Funds provided under this subsection may be used

22 only—

23 ‘‘(A) to obtain technical assistance in interpret24 ing scientific and engineering issues with regard to

25 the nature of environmental hazards at an installa-
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1 tion and the remedial activities proposed or conducted

2 at the installation; and

3 ‘‘(B) to assist such members and affected citizens

4 to more effectively participate in the environmental

5 restoration process at the installation.

6 ‘‘(3) To provide funds under this subsection for a fiscal

year, there shall be available an amount up to 1 7 ⁄4 of one

8 percent of the appropriated funds (but not to exceed

9 $7,500,000 for fiscal year 1995) available to the Secretary

10 for that year for environmental restoration through—

11 ‘‘(A) the Defense Environmental Restoration Ac12 count; and

13 ‘‘(B) with respect to defense facilities to be closed

14 or realigned, the Department of Defense Base Closure

15 Account 1990.’’.

16 (c) INVOLVEMENT OF COMMITTEES AND BOARDS IN

17 DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.—

18 Such section is further amended by adding after subsection

19 (e) (as added by subsection (b)) the following new sub20 section:

21 ‘‘(f) INVOLVEMENT IN DEFENSE ENVIRONMENTAL RES22 TORATION PROGRAM.—Consistent with regulations pre23 scribed by the Secretary, the Secretary shall consult with,

24 and seek the advice of, the technical review committee or
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1 restoration advisory board established for an installation

2 (if any) on the following issues:

3 ‘‘(1) Identifying environmental remediation ac4 tivities and projects at the installation.

5 ‘‘(2) Tracking progress on these activities and

6 projects.

7 ‘‘(3) Collecting information regarding remedi8 ation priorities for the installation.

9 ‘‘(4) Addressing land use, level of remediation,

10 acceptable risk, and waste management and tech11 nology development issues related to remediation at

12 the installation.

13 ‘‘(5) Developing remediation strategies.’’.

14 (d) REPORT ON EFFECT OF IMPLEMENTATION.—Not

15 later than December 1, 1994, the Secretary of Defense shall

16 submit a report to Congress describing the manner in which

17 the Secretary will implement the amendments made by this

18 section. The report shall include—

19 (1) an estimate of the total amount of funds to

20 be provided to technical review committees and res21 toration advisory boards under subsection (e) of sec22 tion 2705 of title 10, United States Code (as added

23 by subsection (b)), during the five-fiscal year period

24 beginning on October 1, 1994, and the cost to be in-
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1 curred by the Secretary during such period to carry

2 out such amendments;

3 (2) an analysis of whether the establishment of

4 restoration advisory boards under subsection (d) of

5 such section (as added by subsection (a)) could delay

6 or disrupt defense environmental restoration activi7 ties; and

8 (3) an analysis of whether the funding mecha9 nism provided in subsection (e)(3) of such section (as

10 added by subsection (b)) could result in funding

11 shortfalls for defense environmental restoration activi12 ties.

13 (e) CONDITION ON IMPLEMENTATION.—Until the Sec14 retary of Defense submits the report required by subsection

15 (d), the Secretary may not obligate or expend any of the

16 funds made available under subsection (e)(3) of section

17 2705 of title 10, United States Code (as added by subsection

18 (b)) to provide funds to technical review committees and

19 restoration advisory boards.

20 (f) TIME FOR REGULATIONS.—Not later than March

21 1, 1995, the Secretary of Defense shall prescribe the regula22 tions required by the amendments made by this section.
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1 SEC. 1056. AUTHORIZATION TO EXCHANGE CERTAIN ITEMS

2 FOR TRANSPORTATION SERVICES.

3 Paragraph (1) of section 2572(b) of title 10, United

4 States Code, is amended by inserting ‘‘transportation,’’

5 after ‘‘salvage,’’.

6 SEC. 1057. AUTHORIZATION FOR INDUSTRIAL FACILITIES

7 OF THE ARMED FORCES TO SELL ARTICLES

8 AND SERVICES TO PERSONS OUTSIDE DE9 PARTMENT OF DEFENSE.

10 (a) ARMY SALES AUTHORITY.—(1) Section 4543 of

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

12 ‘‘§ 4543. Army industrial facilities: sales of manufac13 tured articles or services outside Depart14 ment of Defense

15 ‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—(1) Sub16 ject to paragraph (2), the Secretary of the Army may sell

17 to eligible persons outside the Department of Defense arti18 cles and services produced by a working-capital funded

19 Army industrial facility, including a Department of the

20 Army arsenal.

21 ‘‘(2) The Secretary may not exercise the authority pro22 vided by this section until after the Secretary certifies to

23 Congress that a cost accounting system has been devel24 oped—
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1 ‘‘(A) to keep track of the costs associated with

2 making sales of articles and services under this sec3 tion; and

4 ‘‘(B) to ensure that expenditures made and reve5 nues generated in such sales are not intermingled

6 with funds authorized and appropriated for the mili7 tary mission of the industrial facilities involved.

8 ‘‘(b) ELIGIBLE PURCHASERS.—Under such regulations

9 as the Secretary may prescribe, the following persons shall

10 be eligible to purchase articles and services under this sec11 tion:

12 ‘‘(1) State and local governments.

13 ‘‘(2) Citizens of the United States and persons

14 lawfully admitted for permanent residence in the

15 United States.

16 ‘‘(3) Business entities that conduct a significant

17 level of their research, development, engineering, and

18 manufacturing activities in the United States and the

19 majority ownership or control of which is by United

20 States citizens.

21 ‘‘(c) CONDITIONS ON SALES.—The Secretary may

22 make a sale under this section only if—

23 ‘‘(1) the purchaser agrees to hold harmless and

24 indemnify the United States, except in cases of willful

25 conduct or extreme negligence, from any claim for
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1 damages or injury to any person or property arising

2 out of the articles or services purchased;

3 ‘‘(2) the Secretary determines that the requested

4 articles or services can be substantially performed by

5 the Army industrial facility concerned with only inci6 dental subcontracting and that performance is in the

7 public interest;

8 ‘‘(3) the Secretary determines that the sale of the

9 requested articles or services will not interfere with

10 the military mission of the Army industrial facility

11 concerned; and

12 ‘‘(4) the sale of the goods and services is made

13 on the basis that it will not interfere with perform14 ance of work by the Army industrial facility con15 cerned for the Department of Defense.

16 ‘‘(d) METHODS OF SALE.—(1) The Secretary shall per17 mit a purchaser of articles or services under this section

18 to use advance incremental funding to pay for the articles

19 or services.

20 ‘‘(2) In the sale of articles and services under this sec21 tion, the Secretary shall—

22 ‘‘(A) charge the purchaser, at a minimum, the

23 variable costs, capital improvement costs, and equip24 ment depreciation costs that are associated with the

25 articles or services sold;
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1 ‘‘(B) enter into a firm, fixed-price contract or, if

2 agreed by the purchaser, a cost reimbursement con3 tract for the sale; and

4 ‘‘(C) develop and maintain (from sources other

5 than appropriated funds) working capital to be avail6 able for paying design costs, planning costs, procure7 ment costs, and other costs associated with the articles

8 or services sold.

9 ‘‘(e) DEPOSIT OF PROCEEDS.—Proceeds from sales of

10 articles and services under this section shall be deposited

11 into the Defense Business Operations Fund.

12 ‘‘(f) RELATIONSHIP TO ARMS EXPORT CONTROL

13 ACT.—Nothing in this section shall be construed to affect

14 the application of the export controls provided for in section

15 38 of the Arms Export Control Act (22 U.S.C. 2778) to

16 items which incorporate or are produced through the use

17 of an article sold under this section.

18 ‘‘(g) DEFINITIONS.—In this section:

19 ‘‘(1) the term ‘advance incremental funding’,

20 with respect to a sale of articles of services, means a

21 series of partial payments for the articles or services

22 that includes—

23 ‘‘(A) one or more partial payments before

24 the commencement of work or the incurring of

25 costs in connection with the production of the ar-
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1 ticles or the performance of the services, as the

2 case may be; and

3 ‘‘(B) subsequent progress payments that re4 sult in full payment being completed as the re5 quired work is being completed.

6 ‘‘(2) The term ‘variable costs’, with respect to

7 sales of articles or services, means the costs that are

8 expected to fluctuate directly with the volume of sales

9 and—

10 ‘‘(A) in the case of articles, the volume of

11 production necessary to satisfy the sales orders;

12 or

13 ‘‘(B) in the case of services, the extent of the

14 services sold.’’.

15 (2) Section 2208(i) of such title is amended by striking

16 out ‘‘that manufactures large caliber cannons, gun mounts,

17 recoil mechanisms, ammunition, munitions, or components

18 thereof’’.

19 (b) NAVY SALES AUTHORITY.—(1) Chapter 645 of title

20 10, United States Code, is amended by adding at the end

21 the following new section:
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1 ‘‘§ 7525. Navy industrial facilities: sales of manufac2 tured articles or services outside Depart3 ment of Defense

4 ‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—(1) Sub5 ject to paragraph (2) the Secretary of the Navy may sell

6 to eligible persons outside the Department of Defense arti7 cles and services produced by a working-capital funded

8 Navy industrial facility.

9 ‘‘(2) The Secretary may not exercise the authority pro10 vided by this section until after the Secretary certifies to

11 Congress that a cost accounting system has been devel12 oped—

13 ‘‘(A) to keep track of the costs associated

14 with making sales of articles and services under

15 this section; and

16 ‘‘(B) to ensure that expenditures made and

17 revenues generated in such sales are not inter18 mingled with funds authorized and appropriated

19 for the military mission of the industrial facili20 ties involved.

21 ‘‘(b) ELIGIBLE PURCHASERS.—Under such regulations

22 as the Secretary may prescribed, the following persons shall

23 be eligible to purchase articles and services under this sec24 tion:

25 ‘‘(1) State and local governments.
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1 ‘‘(2) Citizens of the United States and persons

2 lawfully admitted for permanent residence in the

3 United States.

4 ‘‘(3) Business entities that conduct a significant

5 level of their research, development, engineering, and

6 manufacturing activities in the United States and the

7 majority ownership or control of which is by United

8 States citizens.

9 ‘‘(c) CONDITIONS ON SALES.—The Secretary may

10 make a sale under this section only if—

11 ‘‘(1) the purchaser agrees to hold harmless and

12 indemnify the United States, except in cases of willful

13 conduct or extreme negligence, from any claim for

14 damages or injury to any person or property arising

15 out of the articles or services purchased;

16 ‘‘(2) the Secretary determines that the requested

17 articles or services can be substantially performed by

18 the Navy industrial facility concerned with only inci19 dental subcontracting and that performance is in the

20 public interest;

21 ‘‘(3) the Secretary determines that the sale of the

22 requested articles or services will not interfere with

23 the military mission of the Navy industrial facility

24 concerned; and
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1 ‘‘(4) the sale of the goods and services is made

2 on the basis that it will not interfere with perform3 ance of work by the Navy industrial facility con4 cerned for the Department of Defense.

5 ‘‘(d) METHODS OF SALE.—(1) The Secretary shall per6 mit a purchaser of articles or services under this section

7 to use advance incremental funding to pay for the articles

8 or services.

9 ‘‘(2) In the sale of articles and services under this sec10 tion, the Secretary shall—

11 ‘‘(A) charge the purchaser, at a minimum, the

12 variable costs, capital improvement costs, and equip13 ment depreciation costs that are associated with the

14 articles or services sold;

15 ‘‘(B) enter into a firm, fixed-price contract or, if

16 agreed by the purchaser, a cost reimbursement con17 tract for the sale; and

18 ‘‘(C) development and maintain (from sources

19 other than appropriated funds) working capital to be

20 available for paying design costs, planning costs, pro21 curement costs, and other costs associated with the ar22 ticles or sevices sold.

23 ‘‘(e) DEPOSIT OF PROCEEDS.—Proceeds from sales of

24 articles and services under this section shall be deposited

25 into the Defense Business Operations Fund.
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1 ‘‘(f) RELATIONSHIP TO ARMS EXPORT CONTROL

2 ACT.—Nothing in this section shall be construed to affect

3 the application of the export controls provided for in section

4 38 of the Arms Export Control Act (22 U.S.C. 2778) to

5 items which incorporate or are produced through the use

6 of an article sold under this section.

7 ‘‘(g) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘advance incremental funding’,

9 with respect to a sale of articles or services, means a

10 series of partial payments for the articles or services

11 that includes—

12 ‘‘(A) one or more partial payments before

13 the commencement of work or the incurring of

14 costs in connection with the production of the ar15 ticles or the performance of the services, as the

16 case may be; and

17 ‘‘(B) subsequent progress payments that re18 sult in full payment being completed as the re19 quired work is being completed.

20 ‘‘(2) The term ‘variable costs’, with respect to

21 sales of articles or services, means the costs that are

22 expected to fluctuate directly with the volume of sales

23 and—
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1 ‘‘(A) in the case of articles, the volume of

2 production necessary to satisfy the sales orders;

3 or

4 ‘‘(B) in the case of services, the extent of the

5 services sold.’’.

6 (2) The table of sections at the beginning of such chap7 ter is amended by adding at the end the following new item:

‘‘7525. Navy industrial facilities: sales of manufactured articles or services outside

Department of Defense.’’.

8 (c) AIR FORCE SALES AUTHORITY.—(1) Chapter 933

9 of title 10, United States Code, is amended by adding at

10 the end the following new section:

11 ‘‘§ 9541. Air Force industrial facilities: sales of manu12 factured articles or services outside De13 partment of Defense

14 ‘‘(a) AUTHORITY TO SELL OUTSIDE DOD.—Subject to

15 paragraph (2), the Secretary of the Air Force may sell to

16 eligible persons outside the Department of Defense articles

17 and services produced by a working-capital funded Air

18 Force industrial facility.

19 ‘‘(2) The Secretary may not exercise the authority pro20 vided by this section until after the Secretary certifies to

21 Congress that a cost accounting system has been devel22 oped—
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1 ‘‘(A) to keep track of the costs associated with

2 making sales of articles and services under this sec3 tion; and

4 ‘‘(B) to ensure that expenditures made and reve5 nues generated in such sales are not intermingled

6 with funds authorized and appropriated for the mili7 tary mission of the industrial facilities involved.

8 ‘‘(b) ELIGIBLE PURCHASERS.—Under such regulations

9 as the Secretary may prescribe, the following persons shall

10 be eligible to purchase articles and services under this sec11 tion:

12 ‘‘(1) State and local governments.

13 ‘‘(2) Citizens of the United States and persons

14 lawfully admitted for permanent residence in the

15 United States.

16 ‘‘(3) Business entities that conduct a significant

17 level of their research, development, engineering, and

18 manufacturing activities in the United States and the

19 majority ownership or control of which is by United

20 States citizens.

21 ‘‘(c) CONDITIONS ON SALES.—The Secretary may

22 make a sale under this section only if—

23 ‘‘(1) the purchaser agrees to hold harmless and

24 indemnify the United States, except in cases of willful

25 conduct or extreme negligence, from any claim for
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1 damages or injury to any person or property arising

2 out of the articles or services purchased;

3 ‘‘(2) the Secretary determines that the requested

4 articles or services can be substantially performed by

5 the Air Force industrial facility concerned with only

6 incidental subcontracting and that performance is in

7 the public interest;

8 ‘‘(3) the Secretary determines that the sale of the

9 requested articles or services will not interfere with

10 the military mission of the Air Force industrial facil11 ity concerned; and

12 ‘‘(4) the sale of the goods and services is made

13 on the basis that it will not interfere with perform14 ance of work by the Air Force industrial facility con15 cerned for the Department of Defense.

16 ‘‘(d) METHODS OF SALE.—(1) The Secretary shall per17 mit a purchaser of articles or services under this section

18 to use advance incremental funding to pay for the articles

19 or services.

20 ‘‘(2) In the sale of articles and services under this sec21 tion, the Secretary shall—

22 ‘‘(A) charge the purchaser, at a minimum, the

23 variable costs, capital improvement costs, and equip24 ment depreciation costs that are associated with the

25 articles or services sold;
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1 ‘‘(B) enter into a firm, fixed-price contract or, if

2 agreed by the purchaser, a cost reimbursement con3 tract for the sale; and

4 ‘‘(C) develop and maintain (from sources other

5 than appropriated funds) working capital to be avail6 able for paying design costs, planning costs, procure7 ment costs, and other costs associated with the articles

8 or services sold.

9 ‘‘(e) DEPOSIT OF PROCEEDS.—Proceeds from sales of

10 articles and services under this section shall be deposited

11 into the Defense Business Operations Fund.

12 ‘‘(f) RELATIONSHIP TO ARMS EXPORT CONTROL

13 ACT.—Nothing in this section shall be construed to affect

14 the application of the export controls provided for in section

15 38 of the Arms Export Control Act (22 U.S.C. 2778) to

16 items which incorporate or are produced through the use

17 of an article sold under this section.

18 ‘‘(g) DEFINITIONS.—In this section:

19 ‘‘(1) The term ‘advance incremental funding’,

20 with respect to a sale of articles or services, means a

21 series of partial payments for the articles or services

22 that includes—

23 ‘‘(A) one or more partial payments before

24 the commencement of work or the incurring of

25 costs in connection with the production of the ar-
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1 ticles or the performance of the services, as the

2 case may be; and

3 ‘‘(B) subsequent progress payments that re4 sult in full payment being completed as the re5 quired work is being completed.

6 ‘‘(2) The term ‘variable costs’, with respect to

7 sales of articles or services, means the costs that are

8 expected to fluctuate directly with the volume of sales

9 and—

10 ‘‘(A) in the case of articles, the volume of

11 production necessary to satisfy the sales orders;

12 or

13 ‘‘(B) in the case of services, the extent of the

14 services sold.’’.

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item:

‘‘9541. Air Force industrial facilities: sales of manufactured articles or services

outside Department of Defense.’’.

17 (d) CONTROL EFFECT OF SALES AUTHORITY ON BASE

18 CLOSURE PROCESS.—Section 2903 of the Defense Base Clo19 sure and Realignment Act of 1990 (part A of title XXIX

20 of Public Law 101–510; 10 U.S.C. 2687 note) is amended—

21 (1) in subsection (c)(2)—

22 (A) by inserting after the first sentence the

23 following new sentence: ‘‘The Secretary shall also

24 include a certification that the authorities pro-
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1 vided in sections 4543, 7525, and 9541 of title

2 10, United States Code, for the sale outside the

3 Department of Defense of articles and services

4 produced by working-capital funded industrial

5 facilities (and any sales, workloads, revenues, or

6 other information resulting from the use or

7 availability of such authorities) were not consid8 ered in preparing the list of recommendations re9 ferred to in paragraph (1).’’; and

10 (B) by striking out ‘‘preceding sentence’’

11 and inserting in lieu thereof ‘‘preceding sen12 tences’’; and

13 (2) in subsection (d)(3), by inserting after the

14 first sentence the following new sentence: ‘‘The Com15 mission shall also include in its report a certification

16 that the authorities provided in sections 4543, 7525,

17 and 9541 of title 10, United States Code, for the sale

18 outside the Department of Defense of articles and

19 services produced by working-capital funded indus20 trial facilities (and any sales, workloads, revenues, or

21 other information resulting from the use or availabil22 ity of such authorities) were not considered in making

23 its recommendations for closures and realignments of

24 military installations.’’.
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1 (e) EFFECTIVE DATE.—The amendments made by sub2 sections (a), (b), and (c) shall take effect on June 1, 1995.

3 SEC. 1058. SENSE OF THE CONGRESS CONCERNING THE

4 NORTH KOREAN NUCLEAR WEAPONS DEVEL5 OPMENT PROGRAM.

6 (a) FINDINGS.—The Congress finds that—

7 (1) between 1950 and 1953, the United States led

8 a military coalition that successfully repelled an in9 vasion of the Republic of Korea by the Communist re10 gime in North Korea, at a cost of more than 54,000

11 American lives;

12 (2) the United States and the Republic of Korea

13 ratified a Mutual Security Treaty in 1954 that com14 mits the United States to helping the Republic of

15 Korea defend itself against external aggression;

16 (3) approximately 37,000 United States military

17 personnel are presently stationed in the Republic of

18 Korea;

19 (4) the United States and the Republic of Korea

20 have conducted joint military exercises, code named

21 ‘‘Team Spirit’’, regularly since 1976;

22 (5) the Communist regime in North Korea has

23 built up an armed force nearly twice the size of that

24 in the Republic of Korea and has never renounced the

25 active and ongoing use of force, terrorism, and subver-
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1 sion in its attempts to subdue and subjugate the Re2 public of Korea;

3 (6) although the North Korean regime signed the

4 Treaty on the Non-Proliferation of Nuclear Weapons

5 in 1985, it has never permitted the unfettered inter6 national inspection of its nuclear facilities that is re7 quired of all signatories of that Treaty;

8 (7) the Secretary of Defense has stated publicly

9 that efforts by the North Korean regime to develop

10 enough plutonium to permit the manufacture of 10 to

11 12 nuclear weapons per year, and to develop the bal12 listic missile capacity of delivering these and other

13 weapons over a wide area, represent a grave threat to

14 the security of the Korean peninsula and the entire

15 world;

16 (8) the North Korean regime continues to resist

17 efforts by the United States to reduce tensions on the

18 Korean peninsula;

19 (9) efforts in recent years by the United States

20 to reduce tensions on the Korean peninsula have in21 cluded the withdrawal of all nuclear weapons from

22 the territory of the Republic of Korea and a reduction

23 in the number of United States military personnel

24 stationed there, the postponement of the 1994 ‘‘Team

25 Spirit’’ exercises, the establishment of direct diplo-
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1 matic contacts with the North Korean regime, and the

2 offer of expanded diplomatic and economic contacts

3 with North Korea;

4 (10) weapons-grade plutonium can be extracted

5 from the fuel rods in the type of nuclear facilities

6 North Korea is known to possess;

7 (11) international inspectors must be permitted

8 to examine all spent fuel rods removed from North

9 Korea’s principal nuclear reactor at Yongbyon and to

10 carry out tests necessary to ensure compliance with

11 the 1992 safeguards agreement; and

12 (12) the diplomatic impasse concerning the

13 North Korean nuclear program has clearly reached a

14 critical juncture, the unsatisfactory resolution of

15 which would place the international nonproliferation

16 regime in jeopardy and threaten the peace and secu17 rity of the Korean peninsula, the Northeast Asia re18 gion, and, by extension, the rest of the world.

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

20 Congress that—

21 (1) the North Korean regime should take an ini22 tial step toward cooperation with the international

23 nonproliferation regime by permitting the unfettered

24 international inspection of the removal and eventual

25 disposal of all spent fuel rods from the Yongbyon nu-
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1 clear complex, followed by a comprehensive inspection

2 process as required by the Treaty on the Non-Pro3 liferation of Nuclear Weapons:

4 (2) an unsatisfactory resolution of the inspection

5 controversy at Yongbyon that allows for anything less

6 than unfettered international inspection of facilities

7 in that complex should prompt the Government of the

8 United States to take such action as would indicate

9 the severity with which it views this provocation

10 against international norms; and

11 (3) such action should include, but not nec12 essarily be limited to, the seeking of international

13 sanctions against the North Korean regime and the

14 rescheduling of the ‘‘Team Spirit’’ exercises for 1994.

15 SEC. 1059. CONGRESSIONAL ACTION ON NEGOTIATION OF

16 LIMITATIONS ON NUCLEAR WEAPONS TEST17 ING.

18 (a) FINDINGS.—The Congress finds the following:

19 (1) On January 25, 1994, the United States

20 joined with 37 other nations to begin negotiations for

21 a comprehensive treaty to ban permanently all nu22 clear weapons testing.

23 (2) On March 14, 1994, the President decided to

24 extend the current United States nuclear testing mor25 atorium at least through September 1995.
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1 (3) The United States is seeking to extend indefi2 nitely the Non-Proliferation Treaty at the April 1995

3 NPT Extension Conference.

4 (4) Conclusion of a comprehensive test ban trea5 ty could contribute toward successful negotiations to

6 extend the Non-Proliferation Treaty.

7 (5) Agreements to eliminate nuclear testing and

8 control the spread of nuclear weapons could contrib9 ute to the national security of the United States, its

10 allies, and other nations around the world.

11 (b) CONGRESSIONAL ACTION.—In view of the findings

12 set forth in subsection (a), the Congress—

13 (1) applauds the President for maintaining the

14 United States nuclear testing moratorium and for

15 taking a leadership role toward negotiation of a com16 prehensive test ban treaty;

17 (2) encourages all nuclear powers to refrain from

18 conducting nuclear explosions, prior to conclusion of

19 a comprehensive test ban treaty; and

20 (3) urges the Conference on Disarmament to

21 make all possible progress toward a comprehensive

22 test ban treaty by the end of 1994.
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1 SEC. 1060. SENSE OF CONGRESS AND REPORT ON READI2 NESS OF MILITARY FORCES OF THE REPUB3 LIC OF KOREA.

4 (a) FINDINGS.—The Congress finds the following:

5 (1) Under existing treaties and security arrange6 ments between the United States and the Republic of

7 Korea, responsibility for the defense of the territory of

8 the Republic of Korea is allocated so that the Republic

9 of Korea has primary responsibility for the ground

10 defense of its territory and the United States has pri11 mary responsibility for air and sea defense of the Ko12 rean peninsula and for reinforcement.

13 (2) The Force Improvement Program of the Re14 public of Korea has not addressed critical shortfalls in

15 its ground force capability which continue to exist

16 even though the Republic of Korea spends approxi17 mately $12,000,000,000 annually on defense while the

18 Democratic People’s Republic of Korea spends ap19 proximately $4,000,000,000 annually on defense. The

20 Republic of Korea has diverted substantial defense re21 sources to procuring submarines, destroyers, advanced

22 aircraft, and other military systems that are mar23 ginal to its primary ground defense responsibility.

24 (3) The defense acquisition decisions of the Re25 public of Korea have had the effect of not allowing the

26 Republic of Korea to attain self-sufficiency in its
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1 ground defense responsibility. As a result, there exists

2 an undue burden on the United States for the ground

3 defense of the Korean peninsula.

4 (4) The lack of intelligence capability to forecast

5 the military intentions of the Democratic People’s Re6 public of Korea represents a major deficiency of the

7 combined United States-Republic of Korea military

8 force.

9 (5) A short-warning attack by the Democratic

10 People’s Republic of Korea would cause major losses

11 to the combined United States-Republic of Korea

12 ground force.

13 (b) SENSE OF CONGRESS.—It is the sense of the Con14 gress that the President should urge the Republic of Korea

15 to improve its military ground forces with emphasis on

16 counterartillery capabilities, defense against ballistic mis17 siles and weapons of mass destruction, combined United

18 States-Republic of Korea logistics capabilities, combined

19 United States-Republic of Korea medical support, and com20 bined United States-Republic of Korea strategic and tac21 tical intelligence capabilities.

22 (c) REPORT.—Not later than December 1, 1994, the

23 Secretary of Defense shall submit to the Committees on

24 Armed Services of the Senate and House of Representatives

25 a report, in classified form, on—
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1 (1) the readiness of the military forces of the Re2 public of Korea to defeat an attack by the military

3 forces of the Democratic People’s Republic of Korea;

4 and

5 (2) the adequacy of the defense acquisition strat6 egy of the Republic of Korea to meet its primary

7 ground defense mission.

8 TITLE XI—DEFENSE CONVER9 SION, REINVESTMENT, AND

10 TRANSITION ASSISTANCE

11 SEC. 1101. SHORT TITLE.

12 This title may be cited as the ‘‘Defense Conversion, Re13 investment, and Transition Assistance Amendments of

14 1994’’.

15 SEC. 1102. FUNDING OF DEFENSE CONVERSION, REINVEST16 MENT, AND TRANSITION ASSISTANCE PRO17 GRAMS FOR FISCAL YEAR 1995.

18 (a) FUNDING.—Of the amounts authorized to be ap19 propriated pursuant to this Act for the Department of De20 fense for fiscal year 1995, the sum of $3,256,400,000 shall

21 be available from the sources specified in subsection (b) for

22 defense conversion, reinvestment, and transition assistance

23 programs.
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1 (b) SOURCES OF FUNDS.—The amount set forth in

2 subsection (a) shall be derived from the following sources

3 in amounts as follows:

4 (1) $15,000,000 of the amounts authorized to be

5 appropriated pursuant to title I.

6 (2) $2,375,000,000 of the amounts authorized to

7 be appropriated pursuant to title II.

8 (3) $866,400,000 of the amounts authorized to be

9 appropriated pursuant to title III.

10 (c) DEFINITION.—For purposes of this section, the

11 term ‘‘defense conversion, reinvestment, and transition as12 sistance programs’’ includes the following programs and ac13 tivities of the Department of Defense:

14 (1) The programs and activities authorized by

15 the Defense Conversion, Reinvestment, and Transition

16 Assistance Act of 1992 (division D of Public Law

17 102–484; 106 Stat. 2658) and the amendments made

18 by that Act.

19 (2) The programs and activities authorized by

20 the Defense Conversion, Reinvestment, and Transition

21 Assistance Amendments of 1993 (title XIII of Public

22 Law 103–160; 107 Stat. 1783) and the amendments

23 made by that Act.

24 (3) The programs and activities authorized by

25 this title and the amendments made by this title.
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1 Subtitle A—Defense Technology and

2 Industrial Base, Defense Rein3 vestment, and Defense Conver4 sion

5 SEC. 1111. FUNDING OF DEFENSE TECHNOLOGY REINVEST6 MENT PROGRAMS FOR FISCAL YEAR 1995.

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

8 be appropriated under section 201 for Defense-wide activi9 ties and specified in section 1102(b) as a source of funds

10 for defense conversion, reinvestment, and transition assist11 ance programs, $771,600,000 shall be available for activi12 ties described in the defense reinvestment program element

13 of the budget of the Department of Defense for fiscal year

14 1995.

15 (b) ALLOCATION OF FUNDS.—The funds made avail16 able under subsection (a) shall be allocated as follows:

17 (1) $295,600,000 shall be available for defense

18 dual-use critical technology partnerships under sec19 tion 2511 of title 10, United States Code.

20 (2) $80,000,000 shall be available for commer21 cial-military integration partnerships under section

22 2512 of such title.

23 (3) $80,000,000 shall be available for defense re24 gional technology alliances under section 2513 of such

25 title.
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1 (4) $30,000,000 shall be available for defense ad2 vanced manufacturing technology partnerships under

3 section 2522 of such title.

4 (5) $45,000,000 shall be available for support of

5 manufacturing extension programs under section

6 2523 of such title.

7 (6) $65,000,000 shall be available for the defense

8 dual-use extension program under section 2524 of

9 such title, of which—

10 (A) $15,000,000 shall be used for assistance

11 pursuant to subsection (c)(3) of such section; and

12 (B) $50,000,000 shall be available to cover

13 the costs (as defined in section 502(5) of the Fed14 eral Credit Reform Act of 1990 (2 U.S.C.

15 661a(5))) of loan guarantees issued pursuant to

16 subsection (b)(3) of such section.

17 (7) $24,000,000 shall be available for defense

18 manufacturing engineering education grants under

19 section 2196 of such title.

20 (8) $30,000,000 shall be available for the ad21 vanced materials synthesis and processing partner22 ship program.

23 (9) $35,000,000 shall be available for the agile

24 manufacturing/enterprise integration program.
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1 (10) $50,000,000 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; 10 U.S.C. 2501 note).

6 (11) $37,000,000 shall be available to the Sec7 retary of Defense to support the activities of the De8 partment of Defense and Department of Justice Dual9 Use Technology Research and Development Center.

10 (c) AVAILABILITY OF FUNDS FOR FISCAL YEAR 1994

11 TECHNOLOGY REINVESTMENT PROJECTS.—Funds allocated

12 under paragraphs (1) through (7) of subsection (b) to the

13 defense reinvestment programs described in such para14 graphs may also be used to make awards to technology rein15 vestment projects that were solicited under such programs

16 in fiscal year 1994.

17 SEC. 1112. CLARIFICATION OF ELIGIBLE NON-DEPARTMENT

18 OF DEFENSE PARTICIPANTS IN TECHNOLOGY

19 REINVESTMENT PROJECTS.

20 (a) DEFINITION OF ELIGIBLE ENTITIES.—Section

21 2491 of title 10, United States Code, is amended—

22 (1) by redesignating paragraphs (9) through (15)

23 as paragraphs (10) through (16), respectively; and

24 (2) by inserting after paragraph (8) the follow25 ing new paragraph:
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1 ‘‘(9) The term ‘eligible entity’ means an eligible

2 firm or a labor organization (as defined in section

3 2(5) of the National Labor Relations Act (29 U.S.C.

4 152(5))).’’.

5 (b) CONFORMING AMENDMENTS.—(1) Section 2511 of

6 title 10, United States Code, is amended—

7 (A) in subsection (b)—

8 (i) by striking out ‘‘eligible firms’’ both

9 places it appears and inserting in lieu thereof

10 ‘‘eligible entities’’; and

11 (ii) by striking out ‘‘such firms’’ and insert12 ing in lieu thereof ‘‘such eligible entities’’; and

13 (B) in subsection (f)(6), by striking out ‘‘eligible

14 firms’’ and inserting in lieu thereof ‘‘eligible entities’’.

15 (2) Section 2512 of such title is amended—

16 (A) in subsection (a)—

17 (i) by striking out ‘‘eligible firms’’ and in18 serting in lieu thereof ‘‘eligible entities’’; and

19 (ii) by striking out ‘‘such firms’’ and insert20 ing in lieu thereof ‘‘such eligible entities’’; and

21 (B) in subsection (e)(6), by striking out ‘‘eligible

22 firms’’ and inserting in lieu thereof ‘‘eligible entities’’.

23 (3) Section 2513 of such title is amended—
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1 (A) in subsection (c)(1)(A)(i), by inserting before

2 the semicolon the following: ‘‘or other eligible entities

3 operating in such region’’;

4 (B) in subsection (e), by striking out ‘‘eligible

5 firms’’ both places it appears and inserting in lieu

6 thereof ‘‘eligible entities’’; and

7 (C) in subsection (f)—

8 (i) by striking out ‘‘eligible firms’’ and in9 serting in lieu thereof ‘‘eligible entities’’; and

10 (ii) by striking out ‘‘such firms’’ and insert11 ing in lieu thereof ‘‘such eligible entities’’.

12 (4) Section 2522(b) of such title is amended—

13 (A) by striking out ‘‘eligible firms’’ both places

14 it appears and inserting in lieu thereof ‘‘eligible enti15 ties’’; and

16 (B) by striking out ‘‘such firms’’ and inserting

17 in lieu thereof ‘‘such eligible entities’’.

18 SEC. 1113. ADDITIONAL CRITERIA FOR LOAN GUARANTEES

19 UNDER THE DEFENSE DUAL-USE ASSISTANCE

20 EXTENSION PROGRAM.

21 Section 2524(f) of title 10, United States Code, is

22 amended—

23 (1) by redesignating paragraph (10) as para24 graph (11); and
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1 (2) by inserting after paragraph (9) the follow2 ing new paragraph:

3 ‘‘(10) In the case of loan guarantees under sub4 section (b)(3), the extent to which the loans to be

5 guaranteed would support the retention of defense

6 workers whose employment would otherwise be perma7 nently or temporarily terminated as a result of reduc8 tions in expenditures by the United States for defense,

9 the termination or cancellation of a defense contract,

10 the failure to proceed with an approved major weap11 on system, the merger or consolidation of the oper12 ations of a defense contractor, or the closure or re13 alignment of a military installation.’’.

14 SEC. 1114. FINANCIAL COMMITMENT REQUIREMENTS FOR

15 SMALL BUSINESS CONCERNS FOR PARTICIPA16 TION IN TECHNOLOGY REINVESTMENT

17 PROJECTS.

18 (a) DEFENSE DUAL-USE CRITICAL TECHNOLOGY

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

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

21 paragraph:

22 ‘‘(3) The Secretary shall consider a partnership pro23 posal submitted by a small business concern without regard

24 to the ability of the small business concern to immediately

25 meet its share of the anticipated partnership costs. Upon
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1 the selection of a partnership proposal submitted by a small

2 business concern, the Secretary shall extend to the small

3 business concern a period of not less than 90 days within

4 which to arrange to meet its financial commitment require5 ments under the partnership from sources other than a per6 son of a foreign country. If the Secretary determines upon

7 the expiration of that period that the small business concern

8 will be unable to meet its share of the anticipated partner9 ship costs, the Secretary may revoke the selection of the

10 partnership proposal submitted by the small business con11 cern.’’.

12 (b) COMMERCIAL-MILITARY INTEGRATION PARTNER13 SHIPS.—Section 2512(c)(3) of such title is amended by add14 ing at the end the following new subparagraph:

15 ‘‘(C) The Secretary shall consider a partnership pro16 posal submitted by a small business concern without regard

17 to the ability of the small business concern to immediately

18 meet its share of the anticipated partnership costs. Upon

19 the selection of a partnership proposal submitted by a small

20 business concern, the Secretary shall extend to the small

21 business concern a period of not less than 90 days within

22 which to arrange to meet its financial commitment require23 ments under the partnership from sources other than a per24 son of a foreign country. If the Secretary determines upon

25 the expiration of that period that the small business concern
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1 will be unable to meet its share of the anticipated partner2 ship costs, the Secretary may revoke the selection of the

3 partnership proposal submitted by the small business con4 cern.’’.

5 (c) REGIONAL TECHNOLOGY ALLIANCES ASSISTANCE

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

7 adding at the end the following new paragraph:

8 ‘‘(4) The Secretary shall consider a proposal for a re9 gional technology alliance that is submitted by a small busi10 ness concern without regard to the ability of the small busi11 ness concern to immediately meet its share of the antici12 pated costs of the alliance. Upon the selection of a proposal

13 submitted by a small business concern, the Secretary shall

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

15 than 90 days within which to arrange to meet its financial

16 commitment requirements under the regional technology al17 liance from sources other than a person of a foreign country.

18 If the Secretary determines upon the expiration of that pe19 riod that the small business concern will be unable to meet

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

21 the selection of the proposal submitted by the small business

22 concern.’’.

23 (d) MANUFACTURING EXTENSION PROGRAMS.—Sec24 tion 2523(b)(3) of such title is amended by adding at the

25 end the following new subparagraph:
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1 ‘‘(E) The Secretary shall consider a proposal for a

2 manufacturing extension program that is submitted by a

3 small business concern without regard to the ability of the

4 small business concern to immediately meet its share of the

5 anticipated costs of the program. Upon the selection of a

6 proposal submitted by a small business concern, the Sec7 retary shall extend to the small business concern a period

8 of not less than 90 days within which to arrange to meet

9 its financial commitment requirements under the manufac10 turing extension program from sources other than a person

11 of a foreign country. If the Secretary determines upon the

12 expiration of that period that the small business concern

13 will be unable to meet its share of the anticipated costs,

14 the Secretary may revoke the selection of the partnership

15 proposal submitted by the small business concern.’’.

16 (e) DEFENSE DUAL-USE ASSISTANCE EXTENSION

17 PROGRAM.—Section 2524(d) of such title is amended by

18 adding at the end the following new paragraph:

19 ‘‘(3) The Secretary shall consider a program proposal

20 submitted by a small business concern without regard to

21 the ability of the small business concern to immediately

22 meet its share of the anticipated partnership costs. Upon

23 the selection of a proposal submitted by a small business

24 concern, the Secretary shall extend to the small business

25 concern a period of not less than 90 days within which to
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1 arrange to meet its financial commitment requirements

2 under the program from sources other than a person of a

3 foreign country. If the Secretary determines upon the expi4 ration of that period that the small business concern will

5 be unable to meet its share of the anticipated program costs,

6 the Secretary may revoke the selection of the program pro7 posal submitted by the small business concern.’’.

8 (f) DEFINITION OF PERSON OF A FOREIGN COUN9 TRY.—Section 2491 of such title, as amended by section

10 1112(a) of this Act, is further amended by adding at the

11 end the following new paragraph:

12 ‘‘(17) The term ‘person of a foreign country’ has

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

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

15 SEC. 1115. CONDITIONS ON FUNDING OF DEFENSE TECH16 NOLOGY REINVESTMENT PROJECTS.

17 (a) BENEFITS TO UNITED STATES ECONOMY.—In pro18 viding for the establishment or financial support of partner19 ships and other cooperative arrangements under chapter

20 148 of title 10, United States Code, using funds made avail21 able under section 1111(a), the Secretary of Defense shall

22 ensure that the principal economic benefits of, and the job

23 creation resulting from, such arrangements accrue to the

24 economy of the United States.
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1 (b) USE OF COMPETITIVE SELECTION PROCEDURES.—

2 Funds made available under subsection (a) of section 1111

3 for defense reinvestment programs described in subsection

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

5 using competitive procedures pursuant to a solicitation in6 corporating cost-sharing requirements for the non-Federal

7 Government participants in the projects.

8 Subtitle B—Community Adjustment

9 and Assistance Programs

10 SEC. 1121. FUNDS FOR ADJUSTMENT AND DIVERSIFICA11 TION ASSISTANCE FOR STATES AND LOCAL

12 GOVERNMENTS FROM OFFICE OF ECONOMIC

13 ADJUSTMENT.

14 Of the amount made available pursuant to section

15 1102(a), $54,100,000 shall be available to provide commu16 nity adjustment and economic diversification assistance

17 under section 2391(b) of title 10, United States Code.

18 SEC. 1122. STUDIES AND PLANS FOR MARKET DIVERSIFICA19 TION.

20 (a) FORM OF COMMUNITY ADJUSTMENT AND ECO21 NOMIC DIVERSIFICATION.—Section 2391(d) of title 10,

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

23 following new paragraph:

24 ‘‘(3) The terms ‘community adjustment’ and

25 ‘economic diversification’ include the development of
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1 feasibility studies and business plans for market di2 versification by businesses and labor organizations lo3 cated in a community adversely affected by an action

4 described in clause (A), (B), (C), or (E) of subsection

5 (b)(1).’’.

6 (b) FUNDING FOR FISCAL YEAR 1995.—Of the amount

7 made available under section 1121, $10,000,000 shall be

8 available only to provide community adjustment and eco9 nomic diversification assistance under section 2391(b) of

10 title 10, United States Code, for the purpose of developing

11 feasibility studies and business plans for market diversifica12 tion by businesses and labor organizations located in com13 munities adversely affected by an action described in clause

14 (A), (B), (C), or (E) of paragraph (1) of such section. The

15 funds provided to a particular State or local government

16 under this subsection in fiscal year 1995 may not exceed

17 $50,000.

18 SEC. 1123. ADVANCE COMMUNITY ADJUSTMENT AND ECO19 NOMIC DIVERSIFICATION PLANNING.

20 (a) ASSISTANCE AUTHORIZED.—Section 2391(b) of

21 title 10, United States Code, is amended—

22 (1) by redesignating paragraphs (5), (6), and (7)

23 as paragraphs (6), (7), and (8), respectively; and

24 (2) by inserting after paragraph (4) the follow25 ing new paragraph:
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1 ‘‘(5) The Secretary of Defense may also make grants,

2 conclude cooperative agreements, and supplement other

3 Federal funds in order to assist a State or local government

4 in planning community adjustments and economic diver5 sification even though the State or local government is not

6 currently eligible for assistance under paragraph (1) if the

7 Secretary determines that a substantial portion of the eco8 nomic activity or population of the geographic area to be

9 subject to the advance planning is dependent on defense ex10 penditures.’’.

11 (b) CONFORMING AMENDMENTS.—Paragraph (8) of

12 such section, as redesignated by subsection (a)(1), is amend13 ed by striking out ‘‘paragraph (6)’’ both places it appears

14 and inserting in lieu thereof ‘‘paragraph (7)’’.

15 (c) FUNDING FOR FISCAL YEAR 1995.—Of the amount

16 made available under section 1121, $5,000,000 shall be

17 available only to provide advance adjustment planning

18 under paragraph (5) of section 2391(b) of title 10, United

19 States Code, as added by subsection (a)(2). The funds pro20 vided to a particular State or local government under such

21 paragraph in fiscal year 1995 may not exceed $1,000,000.
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1 Subtitle C—Personnel Adjustment,

2 Education, and Training Programs

3 SEC. 1131. CONTINUATION OF TEACHER AND TEACHER’S

4 AIDE PLACEMENT PROGRAMS.

5 Of the amount made available pursuant to section

6 1102(a), $65,000,000 shall be available for the teacher and

7 teacher’s aide placement programs authorized by sections

8 1151, 1598, and 2410j of title 10, United States Code.

9 SEC. 1132. PROGRAMS TO PLACE SEPARATED MEMBERS

10 AND TERMINATED DEFENSE EMPLOYEES IN

11 EMPLOYMENT POSITIONS AS PUBLIC SAFETY

12 OFFICERS.

13 (a) SEPARATED MEMBERS.—Section 1152 of title 10,

14 United States Code, is amended—

15 (1) in subsection (a)—

16 (A) by striking out ‘‘law enforcement offi17 cers’’ and inserting in lieu thereof ‘‘public safety

18 officers’’; and

19 (B) by inserting ‘‘or fire departments’’ after

20 ‘‘agencies’’;

21 (2) in subsection (b)(1)(B), by inserting ‘‘or fire

22 fighting,’’ after ‘‘police)’’;

23 (3) in subsection (d)(1)—
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1 (A) by striking out ‘‘law enforcement offi2 cers’’ and inserting in lieu thereof ‘‘public safety

3 officers’’;

4 (B) by inserting ‘‘and fire departments’’

5 after ‘‘law enforcement agencies’’;

6 (C) by striking out ‘‘with these agencies’’;

7 and

8 (D) by striking out ‘‘a law enforcement

9 agency’’ and inserting in lieu thereof ‘‘the agency

10 or department’’;

11 (4) in subsection (d)(2)—

12 (A) by striking out ‘‘law enforcement offi13 cer’’ and inserting in lieu thereof ‘‘public safety

14 officer’’;

15 (B) by inserting ‘‘or fire department’’ after

16 ‘‘law enforcement agency’’ the first place it ap17 pears; and

18 (C) by striking out ‘‘law enforcement agen19 cy’’ the second place it appears and inserting in

20 lieu thereof ‘‘agency or department’’;

21 (5) in subsection (d)(4)—

22 (A) by inserting ‘‘or fire department’’ after

23 ‘‘law enforcement agency’’ the first place it ap24 pears; and
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1 (B) by inserting ‘‘or department’’ after ‘‘the

2 agency’’;

3 (6) in subsection (d)(5)—

4 (A) by inserting ‘‘or fire department’’ after

5 ‘‘law enforcement agency’’ the first place it ap6 pears; and

7 (B) by striking out ‘‘law enforcement agen8 cy’’ the second place it appears and inserting in

9 lieu thereof ‘‘agency or department’’;

10 (7) in subsection (e)(1), by inserting ‘‘and fire

11 departments’’ after ‘‘law enforcement agencies’’; and

12 (8) in subsection (f)—

13 (A) by redesignating paragraph (2) as

14 paragraph (3);

15 (B) by inserting after paragraph (1) the fol16 lowing new paragraph:

17 ‘‘(2) The term ‘public safety officer’ means a law

18 enforcement officer or a firefighter.’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(4) The term ‘firefighter’ includes a public em22 ployee member of a rescue squad or ambulance crew.’’.

23 (b) TERMINATED EMPLOYEES.—Chapter 81 of title 10,

24 United States Code, is amended by adding at the end the

25 following new section:
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1 ‘‘§ 1598a. Assistance to terminated employees to obtain

2 employment as public safety officers

3 ‘‘(a) PLACEMENT PROGRAM.—The Secretary of De4 fense may establish a program to assist eligible civilian em5 ployees of the Department of Defense after the termination

6 of their employment to obtain employment as public safety

7 officers with State and local law enforcement agencies or

8 fire departments.

9 ‘‘(b) ELIGIBLE EMPLOYEES.—(1) A civilian employee

10 of the Department of Defense shall be eligible for selection

11 by the Secretary of Defense to participate in the placement

12 program authorized by subsection (a) if the employee—

13 ‘‘(A) during the five-year period beginning Octo14 ber 1, 1994, is terminated from such employment as

15 a result of reductions in defense spending or the clo16 sure or realignment of a military installation, as de17 termined by the Secretary of Defense; or

18 ‘‘(B) has occupational training or experience re19 lated to law enforcement or fire fighting or satisfies

20 such other criteria for selection as the Secretary of

21 Defense may prescribe.

22 ‘‘(2) The Secretary of Defense may accept an applica23 tion from a civilian employee referred to in paragraph (1)

24 who was terminated during the period beginning on October

25 1, 1990, and ending on October 1, 1994, if the employee
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1 otherwise satisfies the eligibility criteria specified in that

2 paragraph.

3 ‘‘(c) SELECTION OF PARTICIPANTS.—(1) The Secretary

4 of Defense shall select civilian employees to participate in

5 the placement program on the basis of applications submit6 ted to the Secretary not later than one year after the date

7 the employees receive a notice of termination. An applica8 tion shall be in such form and contain such information

9 as the Secretary may require.

10 ‘‘(2) The Secretary may not select a civilian employee

11 to participate in the program unless the Secretary has suffi12 cient appropriations for the placement program available

13 at the time of the selection to satisfy the obligations to be

14 incurred by the United States under the program with re15 spect to that participant.

16 ‘‘(d) PLACEMENT OF PARTICIPANTS AS PUBLIC SAFE17 TY OFFICERS.—Subsections (d), (e), and (f) of section 1152

18 of this title shall apply with respect to the placement pro19 gram authorized by this section.’’.

20 (c) CLERICAL AMENDMENTS.—(1) The heading of sec21 tion 1152 of title 10, United States Code, is amended to

22 read as follows:
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1 ‘‘§ 1152. Assistance to separated members to obtain

2 employment as public safety officers’’.

3 (2) The table of sections at the beginning of chapter

4 58 of such title is amended by striking out the item relating

5 to section 1152 and inserting in lieu thereof the following

6 new item:

‘‘1152. Assistance to separated members to obtain employment as public safety officers.’’.

7 (3) The table of sections at the beginning of chapter

8 81 of such title is amended by adding at the end the follow9 ing new item:

‘‘1598a. Assistance to terminated employees to obtain employment as public safety

officers.’’.

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

11 made available pursuant to section 1102(a), $25,000,000

12 shall be available for the public safety officer placement pro13 grams authorized by sections 1152 and 1598a of title 10,

14 United States Code.

15 SEC. 1133. PILOT PROGRAM TO PLACE SEPARATED MEM16 BERS AND TERMINATED DEFENSE EMPLOY17 EES IN TEACHING POSITIONS AS BILINGUAL

18 MATH AND SCIENCE TEACHERS.

19 (a) COOPERATIVE ARRANGEMENTS.—During fiscal

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

21 program to establish cooperative arrangements between the

22 Department of Defense and a consortium of two or more

23 entities described in subsection (b) for the purpose of assist-
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1 ing bilingual members of the Armed Forces after their sepa2 ration from active duty, and bilingual civilian employees

3 of the Department of Defense after the termination of their

4 employment, to obtain certification and employment as bi5 lingual elementary or secondary school teachers in mathe6 matics or science.

7 (b) ELIGIBLE ENTITIES.—The entities with which the

8 Secretary of Defense may enter into a cooperative arrange9 ment under the pilot program are as follows:

10 (1) Local governments of States that contain

11 military installations and a high concentration of

12 residents of Hispanic descent.

13 (2) A consortium of two or more Hispanic-serv14 ing institutions of higher education (as defined in sec15 tion 316(b)(1) of the Higher Education Act of 1965

16 (20 U.S.C. 1059c(b)(1))) that have a solid back17 ground, expertise, and experience in operating bilin18 gual teacher training programs in mathematics and

19 science with an emphasis in English as a second lan20 guage.

21 (c) ELIGIBLE MEMBERS AND EMPLOYEES.—(1) A

22 member of the Armed Forces shall be eligible to participate

23 in a cooperative arrangement established under the pilot

24 program if the member—
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1 (A) during the seven-year period beginning on

2 October 1, 1992, is discharged or released from active

3 duty after six or more years of continuous active duty

4 immediately before the discharge or release;

5 (B) has received a baccalaureate or advanced de6 gree from an accredited institution of higher edu7 cation;

8 (C) is bilingual; and

9 (D) satisfies such other criteria for selection as

10 the Secretary of Defense may prescribe.

11 (2) A civilian employee of the Department of Defense

12 shall be eligible to participate in a cooperative arrangement

13 established under the pilot program if the employee—

14 (A) during the five-year period beginning Octo15 ber 1, 1992, is terminated from such employment as

16 a result of reductions in defense spending or the clo17 sure or realignment of a military installation, as de18 termined by the Secretary of Defense;

19 (B) has received a baccalaureate or advanced de20 gree from an accredited institution of higher edu21 cation;

22 (C) is bilingual; and

23 (D) satisfies such other criteria for selection as

24 the Secretary of Defense may prescribe.
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1 (d) STIPEND FOR PARTICIPANTS.—A member of the

2 Armed Forces or a civilian employee of the Department of

3 Defense who participates in a cooperative arrangement es4 tablished under the pilot program shall be eligible to receive

5 an educational stipend in the same amount as provided

6 under paragraph (1) of subsection (g) of section 1151 of

7 title 10, United States Code, subject to the conditions speci8 fied in paragraphs (2) and (3) of such subsection and sec9 tion 1598(e)(2) of such title.

10 (e) ADMINISTRATIVE COSTS.—The Secretary of De11 fense shall cover the reasonable management costs of the

12 pilot program incurred by the non-Federal entities partici13 pating in the cooperative arrangements established under

14 the pilot program.

15 (f) DEFINITIONS.—For purposes of this section:

16 (1) The term ‘‘bilingual’’ means the ability to

17 communicate in both the English and Spanish lan18 guages.

19 (2) The term ‘‘State’’ includes the District of Co20 lumbia, American Samoa, the Federated States of Mi21 cronesia, Guam, the Republic of the Marshall Islands,

22 the Commonwealth of the Northern Mariana Islands,

23 the Commonwealth of Puerto Rico, Palau, and the

24 Virgin Islands.
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1 (g) FUNDING FOR FISCAL YEAR 1995.—Of the amount

2 made available pursuant to section 1102(a), $3,000,000

3 shall be available to the Secretary of Defense to carry out

4 this section.

5 SEC. 1134. DEMONSTRATION PROJECT TO ASSIST SEPA6 RATED MEMBERS AND TERMINATED DE7 FENSE WORKERS TO BECOME BUSINESS OWN8 ERS.

9 (a) BUSINESS OWNERSHIP DEMONSTRATION

10 PROJECT.—During fiscal year 1995, the Secretary of De11 fense may carry out a demonstration project in not more

12 than two eligible communities to assist separated members

13 of the Armed Forces and terminated defense workers de14 scribed in subsection (c) who reside in the community to

15 own their own businesses. The Secretary shall carry out the

16 demonstration project in consultation with the Secretary of

17 Commerce.

18 (b) ELIGIBLE COMMUNITIES.—To be eligible for selec19 tion by the Secretary of Defense as a site for the demonstra20 tion project, a community shall be required to meet two of

21 the following conditions:

22 (1) The local economy is heavily dependent on a

23 defense contractor that is in the process of terminat24 ing a major defense contract (or having such contract
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1 terminated by the Department of Defense) or closing

2 a major facility.

3 (2) The local economy may be adversely affected

4 by changes in the use of a national laboratory pre5 viously needed for the testing of nuclear weapons.

6 (3) The local economy would be adversely af7 fected by the closing of two or more military installa8 tions.

9 (c) MEMBERS AND DEFENSE WORKERS TO BE AS10 SISTED.—The purpose of the demonstration project is to as11 sist the following persons to own their own businesses:

12 (1) Members of the Armed Forces who are dis13 charged or released from active duty.

14 (2) Civilian employees of the Department of De15 fense who are terminated from such employment as a

16 result of reductions in defense spending or the closure

17 or realignment of a military installation, as deter18 mined by the Secretary of Defense.

19 (3) Employees of defense contractors who are ter20 minated or laid off (or receive a notice of termination

21 or layoff) as a result of the completion or termination

22 of a defense contract or program or reductions in de23 fense spending, as determined by the Secretary of De24 fense.
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1 (d) ACTIVITIES UNDER DEMONSTRATION PROJECT.—

2 Under the demonstration project, the Secretary of Defense

3 shall—

4 (1) develop a business plan to establish a facility

5 in each community in which the demonstration

6 project is conducted to assist persons described in sub7 section (c) to own their own businesses;

8 (2) conduct a market study to identify markets

9 for the facility;

10 (3) develop innovative approaches to capital for11 mation for the facility and persons described in sub12 section (c);

13 (4) conduct a skills assessment study to deter14 mine the number and type of employees needed to op15 erate the facility; and

16 (5) analyze the potential to use persons described

17 in subsection (c) as employees of the facility.

18 SEC. 1135. DEMONSTRATION PROJECT TO PROMOTE SHIP

19 RECYCLING AS A METHOD TO ASSIST SEPA20 RATED MEMBERS AND TERMINATED DE21 FENSE WORKERS.

22 (a) SHIP RECYCLING DEMONSTRATION PROJECT.—

23 The Secretary of Defense may carry out a demonstration

24 project in not more than three eligible locations to assist

25 separated members of the Armed Forces and terminated de-
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1 fense workers described in subsection (c) to obtain employ2 ment by participating in the establishment and operation

3 of ship recycling facilities.

4 (b) ELIGIBLE LOCATIONS.—A location shall be eligible

5 for selection by the Secretary of Defense as a site for the

6 demonstration project if the location contains one or more

7 military installations that have been selected for closure or

8 realignment pursuant to a base closure law and such instal9 lations include naval and port facilities. Competitive proce10 dures shall be used in the selection of locations in which

11 to conduct the demonstration project.

12 (c) MEMBERS AND DEFENSE WORKERS TO BE AS13 SISTED.—The purpose of the demonstration project is to

14 promote the establishment and operation of ship recycling

15 facilities that will provide employment for the following

16 persons:

17 (1) Members of the Armed Forces who are dis18 charged or released from active duty.

19 (2) Civilian employees of the Department of De20 fense who are terminated from such employment as a

21 result of reductions in defense spending or the closure

22 or realignment of a military installation, as deter23 mined by the Secretary of Defense.

24 (3) Employees of defense contractors who are ter25 minated or laid off (or receive a notice of termination
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1 or layoff) as a result of the completion or termination

2 of a defense contract or program or reductions in de3 fense spending, as determined by the Secretary of De4 fense.

5 (d) ASSISTANCE AUTHORIZED.—To carry out the dem6 onstration project in an eligible location selected by the Sec7 retary, the Secretary may make grants to, and enter into

8 contracts and cooperative agreements with, State govern9 ments, local governments, private entities, nonprofit organi10 zations, and institutions of higher education operating in

11 that location.

12 (e) ACTIVITIES SUPPORTED.—An entity (or group of

13 such entities) receiving assistance under the demonstration

14 project shall use the assistance to perform, or support the

15 performance of, any of the following:

16 (1) Develop a business plan to establish a ship

17 recycling facility for military and commercial ships

18 currently in service and projected for future scrap19 ping.

20 (2) In consultation with the private sector, con21 duct a market study of—

22 (A) the existing private sector capacity to

23 perform ship recycling;

24 (B) the utilization of existing ship recycling

25 capacity;
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1 (C) the regional impact on markets for

2 scrap generated from ship recycling;

3 (D) the environmental remediation require4 ments associated with ship recycling;

5 (E) the ability to incorporate the private

6 sector into the ship recycling facilities established

7 pursuant to the demonstration; and

8 (F) such other issues related to ship recy9 cling as the Secretary considers appropriate.

10 (3) Conduct a skills assessment study to deter11 mine the number and type of employees needed to op12 erate a ship recycling facility.

13 (4) Develop plans for the cost effective environ14 mental remediation of ships to be recycled at the fa15 cility.

16 (5) Demonstrate the feasibility of a ship recy17 cling facility to become financially self-sustaining or

18 project a reasonable timetable for the completion of

19 the demonstration project, in which case the entity

20 shall develop training, skills enhancement, and career

21 placement programs to assist employees involved in

22 ship recycling to secure new occupations and careers.

23 (6) Support regional ship recycling start-up ac24 tivities.
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1 (7) Analyze the potential to use persons described

2 in subsection (c) as employees at a ship recycling fa3 cility.

4 (f) TRANSFER OF EXCESS NAVAL VESSELS.—The Sec5 retary of Defense may allocate among the ship recycling

6 facilities established under the demonstration project excess

7 naval vessels of the United States for recycling.

8 (g) FUNDING FOR FISCAL YEAR 1995.—Of the amount

9 made available pursuant to section 1102(a), $15,000,000

10 shall be available to the Secretary of Defense to carry out

11 the demonstration project.

12 SEC. 1136. ADMINISTRATION AND FUNDING OF DEFENSE

13 DIVERSIFICATION PROGRAM AND DEFENSE

14 CONVERSION ADJUSTMENT PROGRAM UNDER

15 JOB TRAINING PARTNERSHIP ACT.

16 (a) DEFENSE DIVERSIFICATION PROGRAM.—Section

17 325A of the Job Training Partnership Act (29 U.S.C.

18 1662d–1) is amended—

19 (1) in subsection (a), by striking out ‘‘From the

20 amount’’ and all that follows through ‘‘Labor,’’ and

21 inserting in lieu thereof ‘‘From funds made available

22 to carry out this section, the Secretary, in consulta23 tion with the Secretary of Defense,’’;
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1 (2) in subsections (c), (d), (e), (i), (k)(2), (l), and

2 (m), by striking out ‘‘Secretary of Defense’’ each place

3 it appears and inserting in lieu thereof ‘‘Secretary’’;

4 (3) in subsection (d)(1)(A), by striking out ‘‘in

5 consultation with the Secretary of Labor,’’;

6 (4) in the heading of subsection (e), by striking

7 out ‘‘BY SECRETARY OF DEFENSE’’;

8 (5) in subsection (k)(1), by striking out ‘‘Sec9 retary of Defense, in consultation with the Secretary

10 of Labor,’’ and inserting in lieu thereof ‘‘Secretary, in

11 consultation with the Secretary of Defense,’’; and

12 (6) in subsection (n), by striking out ‘‘Secretary

13 of Defense, in consultation with the Secretary of

14 Labor,’’ and inserting in lieu thereof ‘‘Secretary, in

15 consultation with the Secretary of Defense,’’.

16 (b) DEFENSE CONVERSION ADJUSTMENT PROGRAM.—

17 Section 325(a) of the Job Training Partnership Act (29

18 U.S.C. 1662d(a)) is amended by striking out ‘‘From the

19 amount appropriated pursuant to section 4203 of the De20 fense Economic Adjustment, Diversification, Conversion,

21 and Stabilization Act of 1990,’’ and inserting in lieu there22 of ‘‘From funds made available to carry out this section,’’.
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1 SEC. 1137. EXPANSION OF PERSONNEL ADJUSTMENT, EDU2 CATION, AND TRAINING PROGRAMS TO IN3 CLUDE COAST GUARD.

4 (a) PRESEPARATION COUNSELING.—As soon as pos5 sible after the date of the enactment of this Act, the Sec6 retary of Transportation shall implement the requirements

7 of section 1142 of title 10, United States Code, for the Coast

8 Guard.

9 (b) EMPLOYMENT ASSISTANCE, JOB TRAINING ASSIST10 ANCE, AND OTHER TRANSITIONAL ASSISTANCE.—Section

11 1144 of title 10, United States Code, is amended—

12 (1) in subsection (a)(1)—

13 (A) by inserting ‘‘, the Secretary of Trans14 portation,’’ after ‘‘Secretary of Defense’’; and

15 (B) by striking out ‘‘of a military depart16 ment’’ and inserting in lieu thereof ‘‘concerned’’;

17 (2) in subsection (a)(2), by inserting ‘‘, the Sec18 retary of Transportation,’’ after ‘‘Secretary of De19 fense’’;

20 (3) in subsection (b)(4), by striking out ‘‘Depart21 ment of Defense is’’ and inserting in lieu thereof ‘‘De22 partment of Defense and the Department of Transpor23 tation are’’;

24 (4) in subsection (c), by inserting ‘‘and the Sec25 retary of Transportation’’ after ‘‘Secretary of De26 fense’’; and
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1 (5) in subsection (d)(2), by inserting ‘‘and the

2 Department of Transportation’’ after ‘‘Department of

3 Defense’’.

4 (c) TEACHER AND TEACHER’S AIDE PLACEMENT PRO5 GRAM.—Section 1151 of such title is amended—

6 (1) in subsection (a), by inserting ‘‘, and the

7 Secretary of Transportation with respect to the Coast

8 Guard,’’ after ‘‘Secretary of Defense’’;

9 (2) in subsection (b), by inserting ‘‘and the Sec10 retary of Transportation’’ after ‘‘Secretary of De11 fense’’ in the matter preceding the paragraphs;

12 (3) in subsection (c)(1)—

13 (A) by striking out ‘‘by the Secretary of De14 fense’’ in the matter preceding the subpara15 graphs; and

16 (B) in subparagraph (C), by inserting ‘‘of

17 Defense, or the Secretary of Transportation with

18 respect to the Coast Guard,’’ after ‘‘Secretary’’;

19 (4) in subsection (c)(4), by striking out ‘‘Sec20 retary’’ and inserting in lieu thereof ‘‘Secretaries’’;

21 (5) in subsection (d), by inserting ‘‘and the Sec22 retary of Transportation’’ after ‘‘Secretary of De23 fense’’;

24 (6) in subsection (e)(1)—
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1 (A) by inserting ‘‘, and the Secretary of

2 Transportation with respect to the Coast

3 Guard,’’ after ‘‘Secretary of Defense’’;

4 (B) by striking out ‘‘subsection (c)(3), the

5 Secretary’’ and inserting in lieu thereof ‘‘sub6 section (c)(4), the Secretaries’’; and

7 (C) by striking out ‘‘Secretary may’’ and

8 inserting in lieu thereof ‘‘Secretaries may’’;

9 (7) in subsection (e)(2), by striking out ‘‘Sec10 retary’’ the first two places it appears and inserting

11 in lieu thereof ‘‘Secretaries’’;

12 (8) in subsection (e)(3)—

13 (A) by inserting ‘‘of Defense, and the Sec14 retary of Transportation with respect to the

15 Coast Guard,’’ after ‘‘The Secretary’’; and

16 (B) by inserting ‘‘involved’’ after ‘‘unless

17 the Secretary’’;

18 (9) in subsection (e)(4), by striking out ‘‘Sec19 retary’’ both places it appears and inserting in lieu

20 thereof ‘‘Secretaries’’;

21 (10) in subsection (f)—

22 (A) by inserting ‘‘, or the Secretary of

23 Transportation with respect to the Coast

24 Guard,’’ after ‘‘Secretary of Defense’’ in the mat25 ter preceding the paragraphs; and
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1 (B) in paragraph (1), by inserting ‘‘in2 volved’’ after ‘‘the Secretary’’;

3 (11) in subsection (g)(1), by inserting ‘‘, and the

4 Secretary of Transportation with respect to the Coast

5 Guard,’’ after ‘‘Secretary of Defense’’ in the matter

6 preceding the subparagraphs;

7 (12) in subsection (h)—

8 (A) in paragraph (1), by inserting ‘‘and the

9 Secretary of Transportation’’ after ‘‘Secretary of

10 Defense’’; and

11 (B) by inserting ‘‘involved’’ after ‘‘Sec12 retary’’ each place it appears in paragraphs (2)

13 through (6);

14 (13) in subsection (h)(7)—

15 (A) in subparagraph (A)—

16 (i) by inserting ‘‘of Defense, and the

17 Secretary of Transportation with respect to

18 the Coast Guard,’’ after ‘‘the Secretary’’ in

19 the first sentence; and

20 (ii) by inserting ‘‘involved’’ after ‘‘The

21 Secretary’’ in the second sentence; and

22 (B) in subparagraph (C), by inserting ‘‘in23 volved’’ after ‘‘The Secretary’’;

24 (14) in subsection (i)—
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1 (A) in paragraph (1), by inserting ‘‘, or the

2 Secretary of Transportation with respect to the

3 Coast Guard,’’ after ‘‘Secretary of Defense’’; and

4 (B) in paragraph (2), by striking out ‘‘Sec5 retary’’ both places it appears and inserting in

6 lieu thereof ‘‘Secretaries’’; and

7 (15) in subsection (j)—

8 (A) in paragraph (1)(F), by inserting ‘‘, or

9 the Secretary of Transportation with respect to

10 the Coast Guard’’ after ‘‘Secretary of Defense’’;

11 and

12 (B) in paragraph (2), by inserting ‘‘in13 volved’’ after ‘‘Secretary’’ both places it appears.

14 (d) PUBLIC SAFETY OFFICER PLACEMENT PRO15 GRAM.—Section 1152 of such title, as amended by section

16 1132(a), is further amended—

17 (1) in subsection (a), by inserting ‘‘, and the

18 Secretary of Transportation with respect to the Coast

19 Guard,’’ after ‘‘Secretary of Defense’’;

20 (2) in subsection (b)(1)(B), by inserting ‘‘, or the

21 Secretary of Transportation with respect to the Coast

22 Guard,’’ after ‘‘Secretary of Defense’’;

23 (3) in subsection (c)(1)—
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1 (A) by inserting ‘‘, and the Secretary of

2 Transportation with respect to the Coast

3 Guard,’’ after ‘‘Secretary of Defense’’;

4 (B) by striking out ‘‘to the Secretary’’ and

5 inserting in lieu thereof ‘‘to the Secretaries’’; and

6 (C) by striking out ‘‘Secretary may’’ and

7 inserting in lieu thereof ‘‘Secretaries may’’;

8 (4) in subsection (c)(2)—

9 (A) by inserting ‘‘of Defense, and the Sec10 retary of Transportation with respect to the

11 Coast Guard,’’ after ‘‘The Secretary’’; and

12 (B) by inserting ‘‘involved’’ after ‘‘unless

13 the Secretary’’;

14 (5) in subsection (d)—

15 (A) in paragraph (1) by inserting ‘‘and the

16 Secretary of Transportation’’ after ‘‘Secretary of

17 Defense’’; and

18 (B) by inserting ‘‘involved’’ after ‘‘Sec19 retary’’ each place it appears in paragraphs (2)

20 through (5); and

21 (6) in subsection (e)—

22 (A) in paragraph (1), by inserting ‘‘, and

23 the Secretary of Transportation with respect to

24 the Coast Guard,’’ after ‘‘the Secretary of De25 fense’’; and
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1 (B) in paragraph (2), by inserting ‘‘in2 volved’’ after ‘‘The Secretary’’.

3 (e) HEALTH CARE PLACEMENT PROGRAM.—Section

4 1153 of such title is amended—

5 (1) in subsection (a), by inserting ‘‘, and the

6 Secretary of Transportation with respect to the Coast

7 Guard,’’ after ‘‘Secretary of Defense’’;

8 (2) in subsection (b)(1)—

9 (A) by striking out ‘‘by the Secretary of De10 fense’’ in the matter preceding the subpara11 graphs; and

12 (B) in subparagraph (C), by inserting ‘‘of

13 Defense, or the Secretary of Transportation with

14 respect to the Coast Guard,’’ after ‘‘Secretary’’;

15 (3) in subsection (c)(1)—

16 (A) by inserting ‘‘, and the Secretary of

17 Transportation with respect to the Coast

18 Guard,’’ after ‘‘Secretary of Defense’’;

19 (B) by striking out ‘‘to the Secretary’’ and

20 inserting in lieu thereof ‘‘to the Secretaries’’; and

21 (C) by striking out ‘‘Secretary may’’ and

22 inserting in lieu thereof ‘‘Secretaries may’’;

23 (4) in subsection (c)(2)—
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1 (A) by inserting ‘‘of Defense, and the Sec2 retary of Transportation with respect to the

3 Coast Guard,’’ after ‘‘The Secretary’’; and

4 (B) by inserting ‘‘involved’’ after ‘‘unless

5 the Secretary’’;

6 (5) in subsection (c)(3), by striking out ‘‘Sec7 retary’’ both places it appears and inserting in lieu

8 thereof ‘‘Secretaries’’;

9 (6) in subsection (d)—

10 (A) in paragraph (1) by inserting ‘‘and the

11 Secretary of Transportation’’ after ‘‘Secretary of

12 Defense’’; and

13 (B) by inserting ‘‘involved’’ after ‘‘Sec14 retary’’ each place it appears in paragraphs (2)

15 through (5); and

16 (7) in subsection (e)—

17 (A) in paragraph (1), by inserting ‘‘, and

18 the Secretary of Transportation with respect to

19 the Coast Guard,’’ after ‘‘the Secretary of De20 fense’’; and

21 (B) in paragraph (2), by inserting ‘‘in22 volved’’ after ‘‘The Secretary’’.

23 (f) UPWARD BOUND.—Section 4466 of the Defense

24 Conversion, Reinvestment, and Transition Assistance Act

25 of 1992 (division D of Public Law 102–484; 10 U.S.C. 1143
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1 note) is amended by adding at the end the following new

2 subsection:

3 ‘‘(h) APPLICATION TO COAST GUARD.—The Secretary

4 of Transportation may implement the provisions of this sec5 tion for the Coast Guard in the same manner and to the

6 same extent as such section applies to the Department of

7 Defense.’’.

8 (g) SERVICE MEMBERS OCCUPATIONAL CONVERSION

9 AND TRAINING.—(1) Section 4483(1) of the Service Mem10 bers Occupational Conversion and Training Act of 1992

11 (subtitle G of title XLIV of Public Law 102–484; 10 U.S.C.

12 1143 note) is amended by inserting before the period the

13 following: ‘‘and the Secretary of Transportation with re14 spect to the Coast Guard’’.

15 (2) As soon as possible after the date of the enactment

16 of this Act, the Secretary of Transportation shall implement

17 the requirements of the Service Members Occupational Con18 version and Training Act of 1992 (subtitle G of title XLIV

19 of Public Law 102–484; 10 U.S.C. 1143 note) for the Coast

20 Guard.

21 (h) LIMITATIONS ON FUNDING.—Funds appropriated

22 or otherwise made available to the Department of Defense,

23 the Department of Education, the Department of Labor, or

24 the Department of Veterans Affairs may not be used to
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1 carry out subsection (a) or the amendments made by this

2 section.

3 SEC. 1138. ASSISTANCE FOR CERTAIN WORKERS DIS4 LOCATED DUE TO REDUCTIONS BY THE UNIT5 ED STATES IN THE EXPORT OF DEFENSE AR6 TICLES AND SERVICES.

7 (a) ASSISTANCE UNDER THE DEFENSE CONVERSION

8 ADJUSTMENT PROGRAM.—Section 325 of the Job Training

9 Partnership Act (29 U.S.C. 1662d) is amended—

10 (1) in subsection (a), by striking out ‘‘or by clo11 sures of United States military facilities’’ each place

12 it appears and inserting in lieu thereof ‘‘, by closures

13 of United States military facilities, or by reductions

14 in the export of defense articles and defense services

15 as a result of United States policy, including reduc16 tions in the amount of defense articles and defense

17 services under agreements to provide such articles or

18 services or through termination or completion of any

19 such agreements’’;

20 (2) in subsection (d), by striking out ‘‘or by the

21 closure of United States military installations’’ and

22 inserting in lieu thereof ‘‘, by closures of United

23 States military facilities, or by reductions in the ex24 port of defense articles and defense services as a result

25 of United States policy, including reductions in the
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1 amount of defense articles and defense services under

2 agreements to provide such articles or services or

3 through termination or completion of any such agree4 ments’’; and

5 (3) by adding at the end the following new sub6 section:

7 ‘‘(f) DEFINITION.—For purposes of this section, the

8 term ‘defense articles and defense services’ means defense

9 articles, defense services, or design and construction services

10 under the Arms Export Control Act, including defense arti11 cles and defense services licensed or approved for export

12 under section 38 of that Act.’’.

13 (b) ASSISTANCE UNDER THE DEFENSE DIVERSIFICA14 TION PROGRAM.—Section 325A of the Job Training Part15 nership Act (29 U.S.C. 1662d–1) is amended—

16 (1) in subsection (b)(3)(A), by striking out ‘‘or

17 the closure or realignment of a military installation’’

18 and inserting in lieu thereof ‘‘, the closure or realign19 ment of a military installation, or reductions in the

20 export of defense articles and defense services as a re21 sult of United States policy, including reductions in

22 the amount of defense articles and defense services

23 under agreements to provide such articles or services

24 or through termination or completion of any such

25 agreements’’;
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1 (2) in subsection (k)(1), by striking out ‘‘or by

2 the closure of United States military installations’’

3 and inserting in lieu thereof ‘‘, the closure of United

4 States military installations, or reductions in the ex5 port of defense articles and defense services as a result

6 of United States policy, including reductions in the

7 amount of defense articles and defense services under

8 agreements to provide such articles or services or

9 through termination or completion of any such agree10 ments’’; and

11 (3) in subsection (o), by adding at the end the

12 following new paragraph:

13 ‘‘(3) DEFENSE ARTICLES AND DEFENSE SERV14 ICES.—The term ‘defense articles and defense services’

15 means defense articles, defense services, or design and

16 construction services under the Arms Export Control

17 Act, including defense articles and defense services li18 censed or approved for export under section 38 of that

19 Act.’’.

20 Subtitle D—ARMS Initiative

21 SEC. 1141. EXTENSION OF ARMAMENT RETOOLING AND

22 MANUFACTURING SUPPORT INITIATIVE.

23 Section 193(a) of the Armament Retooling and Manu24 facturing Support Act of 1992 (subtitle H of title I of Public

25 Law 102–484; 10 U.S.C. 2501 note) is amended by striking
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1 out ‘‘fiscal years 1993 and 1994’’ and inserting in lieu

2 thereof ‘‘fiscal years 1993 through 1995’’.

3 SEC. 1142. LOAN GUARANTEES UNDER ARMAMENT RETOOL4 ING AND MANUFACTURING SUPPORT INITIA5 TIVE.

6 Section 193 of the Armament Retooling and Manufac7 turing Support Act of 1992 (subtitle H of title I of Public

8 Law 102–484; 10 U.S.C. 2501 note) is amended by adding

9 at the end the following new subsection:

10 ‘‘(d) LOAN GUARANTEES TO SUPPORT ARMS INITIA11 TIVE.—(1) Subject to the availability of appropriations for

12 this purpose, the Secretary of the Army may support the

13 purposes of the ARMS Initiative by conducting a program

14 to issue guarantees during fiscal year 1995 against the risk

15 of nonpayment arising out of loans provided to businesses

16 establishing commercial activities on inactive and active

17 ammunition manufacturing facilities of the Department of

18 the Army. During fiscal year 1995, the subsidy cost of loan

19 guarantees issued under the loan guarantee program may

20 not exceed $43,000,000.

21 ‘‘(2) Applications for guarantees under the loan guar22 antee program shall be submitted to the Secretary of the

23 Army. The maximum amount of loan principal that the

24 Secretary may guarantee under loan guarantee program

25 with respect to any loan may not exceed $20,000,000. Any
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1 such loan shall provide for repayment over a period not

2 to exceed 10 years.

3 ‘‘(3) The Secretary of the Army may enter into a coop4 erative agreement with an appropriate Federal agency,

5 under which such agency will process applications submit6 ted under paragraph (2) and otherwise operate the loan

7 guarantee program on behalf of the Secretary of the Army.

8 From funds made available for the loan guarantee program,

9 the Secretary of the Army may transfer to such agency pur10 suant to the agreement such sums as may be necessary for

11 such agency to carry out its activities under the loan guar12 antee program.’’.

13 Subtitle E—Other Matters

14 SEC. 1151. CHANGES IN NOTICE REQUIREMENTS UPON

15 PENDING OR ACTUAL TERMINATION OF DE16 FENSE PROGRAMS.

17 (a) TIME FOR NOTICE REQUIREMENT AFTER SUBMIS18 SION OF BUDGET.—Subsection (a) of section 4471 of the

19 Defense Conversion, Reinvestment, and Transition Assist20 ance Act of 1992 (division D of Public Law 102–484; 106

21 Stat. 2753; 10 U.S.C. 2501 note) is amended—

22 (1) by striking out ‘‘As soon as reasonably prac23 ticable’’ and inserting in lieu thereof ‘‘Not later than

24 30 days’’; and
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1 (2) by striking out ‘‘and not more than 180 days

2 after such date,’’.

3 (b) TIME FOR NOTICE REQUIREMENT AFTER ENACT4 MENT OF APPROPRIATIONS ACT.—Subsection (b) of such

5 section is amended—

6 (1) by striking out ‘‘as soon as reasonably prac7 ticable’’ and inserting in lieu thereof ‘‘not later than

8 30 days’’; and

9 (2) by striking out ‘‘and not more than 180 days

10 after such date,’’.

11 (c) TIME FOR NOTICE REQUIREMENT ON WITH12 DRAWAL OF NOTIFICATION.—Subsection (f) of such section

13 is amended—

14 (1) by striking out ‘‘as soon as reasonably prac15 ticable’’ and inserting in lieu thereof ‘‘not later than

16 30 days’’; and

17 (2) by striking out ‘‘and not more than 45 days

18 after such date,’’.

19 SEC. 1152. PLAN FOR DEPLOYMENT OF DEFENSE ENVIRON20 MENTAL TECHNOLOGIES FOR DREDGING OF

21 DUAL-USE PORTS.

22 (a) ESTABLISHMENT.—The Secretary of Defense shall

23 establish a plan for the Department of Defense to encourage

24 the further development and deployment of existing defense
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1 environmental technologies in support of the dredging re2 quirements of dual-use ports, including—

3 (1) the environmentally secure containment and

4 management of contaminated dredged materials; and

5 (2) the decontamination of dredged materials.

6 (b) MATTERS TO BE INCLUDED.—The plan to be es7 tablished pursuant to subsection (a) shall include the follow8 ing:

9 (1) A description of defense reinvestment and de10 fense conversion programs under chapter 148 of title

11 10, United States Code, that are available to facilitate

12 the deployment of defense environmental technologies

13 in support of the dredging requirements of dual-use

14 ports.

15 (2) A description of existing defense environ16 mental technologies and processes that are available

17 to support the objectives of the plan to be established

18 pursuant to subsection (a).

19 (3) Recommendations for strategies to deploy

20 such technologies and processes to ports of various

21 sizes, including—

22 (A) ports with projects requiring more than

23 5,000,000 cubic yards of sediment to be dredged

24 annually;
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1 (B) ports with projects requiring more than

2 1,000,000 cubic yards of sediment to be dredged

3 annually;

4 (C) ports that have been affected by, or are

5 likely to be affected by, the closure of one or more

6 major military installations and that, as a re7 sult thereof, require substantial environmental

8 remediation; and

9 (D) military port installations that have ex10 perienced significant delays in advancing dredg11 ing projects because of environmental compliance

12 or dredged material disposal problems.

13 (4) After consultation with the heads of other ap14 propriate Federal agencies, an assessment of other

15 available technologies and processes that may be used

16 in support of the plan to be established pursuant to

17 subsection (a).

18 (5) An assessment of the potential benefits and

19 methods of transfer of technologies and processes for

20 use in connection with dredging processes in commer21 cial ports and waterways.

22 (c) REPORT.—Not later than 180 days after the date

23 of the enactment of this Act, the Secretary of Defense shall

24 transmit to Congress a report containing the plan to be es25 tablished pursuant to subsection (a).
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1 SEC. 1153. PILOT PROGRAM TO DEVELOP AND DEM2 ONSTRATE ENVIRONMENTAL REMEDIATION

3 TECHNOLOGIES.

4 (a) COOPERATIVE AGREEMENT FOR PILOT PRO5 GRAM.—(1) The Secretary of Defense may enter into a coop6 erative agreement with an institution of higher education

7 for the purpose of facilitating the development and dem8 onstration of new methods and technologies for more effec9 tive and expedient environmental remediation at military

10 installations by engaging in a pilot demonstration project

11 as provided in subsection (b).

12 (2) If the Secretary enters into a cooperative agreement

13 under paragraph (1), the agreement shall authorize the in14 stitution of higher education to enter into partnerships or

15 other relationships with private and public entities for pur16 poses of conducting activities under the cooperative agree17 ment.

18 (b) PILOT PROJECT AT DEFENSE LANDFILL.—(1) If

19 the Secretary enters into a cooperative agreement under

20 subsection (a)(1), the agreement shall authorize the institu21 tion of higher education to participate in a cooperative

22 pilot demonstration project at a Government landfill de23 scribed in paragraph (2) if such demonstration project can

24 be carried out in a manner that is consistent with all other

25 actions at such landfill that the Secretary is legally required

26 to undertake. The institution of higher education may en-
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1 gage in such project on a long-term basis to address the

2 broader issues of environmental remediation and conversion

3 of facilities of the Department of Defense.

4 (2) The Government landfill referred to in paragraph

5 (1) is a Government landfill that—

6 (A) is listed on the National Priorities List pur7 suant to section 105(a)(8)(B) of the Comprehensive

8 Environmental Response, Compensation, and Liabil9 ity Act of 1980 (42 U.S.C. 9605(a)(8)(B)); and

10 (B) is located on a military installation to be

11 closed pursuant to a base closure law.

12 (c) FUNDING.—(1) There is authorized to be appro13 priated to the Secretary of Defense for fiscal year 1995

14 $4,000,000 for the establishment of the cooperative agree15 ment and the activities necessary to conduct the pilot

16 project.

17 (2) The amount authorized in section 201 for the joint

18 Department of Defense and Department of Energy muni19 tions technology development program for fiscal year 1995

20 is hereby reduced by $4,000,000.
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1 TITLE XII—COOPERATIVE

2 THREAT REDUCTION,

3 COUNTERPROLIFERATION,

4 AND RELATED MATTERS

5 Subtitle A—Cooperative Threat

6 Reduction

7 SEC. 1201. REPORT ON ACCOUNTING FOR UNITED STATES

8 ASSISTANCE.

9 (a) REQUIRED REPORT.—Of the amount authorized to

10 be appropriated in section 301 for Cooperative Threat Re11 duction programs, not more than 10 percent may be obli12 gated until the Secretary of Defense submits to Congress a

13 report on the efforts made by the United States Government

14 (including the use of audits, examinations, and on-site in15 spections) to ensure that United States assistance provided

16 under the Cooperative Threat Reduction program in fiscal

17 year 1994 and prior years is fully accounted for and is

18 being used for its intended purposes.

19 (b) INFORMATION TO BE INCLUDED.—The report—

20 (1) shall include—

21 (A) a listing of United States Cooperative

22 Threat Reduction assistance provided as of the

23 time the report is submitted;

24 (B) a description of the whereabouts and

25 conditions of the aid; and
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1 (C) a determination of whether the aid in

2 question has been used for its intended purpose;

3 and

4 (2) shall describe the activities planned in fiscal

5 year 1995 to ensure that United States assistance

6 provided that fiscal year is fully accounted for and is

7 used for its intended purpose.

8 (c) COMPTROLLER GENERAL ASSESSMENT.—Not later

9 than 30 days after the date on which the report described

10 in subsection (a) is submitted to Congress, the Comptroller

11 General of the United States shall submit to Congress a re12 port giving the Comptroller General’s assessing the Sec13 retary’s report and making any recommendations the

14 Comptroller General considers appropriate.

15 SEC. 1202. REPORT ON CONTROL AND ACCOUNTABILITY OF

16 MATERIAL RELATING TO WEAPONS OF MASS

17 DESTRUCTION.

18 The Secretary of Defense shall submit to Congress a

19 report on progress being made in each state of the former

20 Soviet Union that is a recipient of assistance under Cooper21 ative Threat Reduction programs toward the development

22 of an effective system of control and accountability for ma23 terial related to weapons of mass destruction in that coun24 try. Under such a system, officials of the United States and

25 of the recipient country should have an accurate accounting
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1 of the weapons of mass destruction in that country and the

2 fissile and chemical materials from those weapons. The re3 port shall be submitted not later than three months after

4 the date of the enactment of this Act.

5 SEC. 1203. COOPERATIVE THREAT REDUCTION.

6 (a) FUNDING REPORT TO CONGRESS.—The Secretary

7 of Defense shall submit to Congress a report as described

8 in subsection (b) on funding for programs of cooperative

9 threat reduction with states of the former Soviet Union. The

10 report shall be submitted at the time of the transmission

11 to Congress of the budget justification materials for the

12 funding request in the fiscal year 1996 budget for such coop13 erative threat reduction programs.

14 (b) MATTERS TO BE INCLUDED IN ANNUAL RE15 PORT.—The Secretary of Defense shall include in the report

16 under subsection (a) the following:

17 (1) An estimate of the total amount that will be

18 required to be expended by the United States in order

19 to achieve the objectives of cooperative threat reduc20 tion programs.

21 (2) A multiyear plan for the use of amounts and

22 other resources provided by the United States for co23 operative threat reduction programs and to provide

24 guidance for preparation of annual budget submis25 sions.
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1 (c) SUBSEQUENT REVISIONS TO REPORT.—The Sec2 retary of Defense shall submit an updated version of the

3 report under subsection (a) for any fiscal year after fiscal

4 year 1996 for which the budget of the President proposes

5 that funds be appropriated to the Department of Defense

6 for cooperative threat reduction programs.

7 (d) FISCAL YEAR 1995 LIMITATION.—Of the amount

8 authorized in this Act for cooperative threat reduction pro9 grams, the sum of $50,000,000 may not be obligated until

10 the President certifies to Congress that the United States

11 is making a concerted effort to ensure that allies of the Unit12 ed States are increasing their levels of support for activities

13 that will aid in accomplishing the objectives of the coopera14 tive threat reduction programs.

15 (e) COOPERATIVE THREAT REDUCTION PROGRAMS.—

16 For purposes of this section, cooperative threat reduction

17 programs are those programs described in section 1203(b)

18 of the National Defense Authorization Act for Fiscal Year

19 1994 (Public Law 103–160; 107 Stat. 1778).

20 SEC. 1204. LIMITATIONS ON COOPERATIVE THREAT REDUC21 TION PROGRAM.

22 Of the amount authorized to be appropriated in section

23 301(21) for Former Soviet Union Threat Reduction pro24 grams—
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1 (1) none of such amounts may be obligated for

2 environmental restoration or for housing of former or

3 retired military personnel of the Soviet Union;

4 (2) not more than $60,000,000 may be obligated

5 for the demilitarization of defense industries and the

6 conversion of military technologies and capabilities

7 into civilian activities;

8 (3) not more than $200,000,000 may be obligated

9 for Weapons Dismantlement, Destruction, and

10 Denuclearization;

11 (4) not more than $60,000,000 may be obligated

12 for Safety and Security, Transportation, and Storage;

13 (5) not more than $40,000,000 may be obligated

14 for Nonproliferation;

15 (6) not more than $20,000,000 may be obligated

16 for Defense and Military-to-Military Contacts; and

17 (7) not more than $20,000,000 may be obligated

18 for Research, Support, and Overhead.

19 Subtitle B—Counterproliferation

20 Activities

21 SEC. 1211. EXTENSION AND REVISION OF COUNTER22 PROLIFERATION AUTHORITIES.

23 (a) EXTENSION OF INTERNATIONAL NONPROLIFERA24 TION AUTHORITIES.—Section 1505 of the National Defense
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1 Authorization Act for Fiscal Year 1993 (22 U.S.C. 5859a)

2 is amended—

3 (1) in subsection (a), by striking out ‘‘during fis4 cal year 1994’’; and

5 (2) in subsection (e), by striking out ‘‘of fiscal

6 year 1994’’ and inserting in lieu thereof ‘‘of a fiscal

7 year’’.

8 (b) ADDITIONAL NONPROLIFERATION AUTHORITIES.—

9 Subsection (b) of such section is amended—

10 (1) in paragraph (1)—

11 (A) by striking out ‘‘the International

12 Atomic Energy Agency (IAEA)’’ and inserting

13 in lieu thereof ‘‘international organizations’’;

14 (B) by striking out ‘‘nuclear’’;

15 (C) by striking out ‘‘aggressive’’ and insert16 ing in lieu thereof ‘‘effective’’; and

17 (D) by striking out ‘‘the Treaty on’’ and all

18 that follows in such paragraph and inserting in

19 lieu thereof ‘‘international agreements on non20 proliferation.’’;

21 (2) in paragraph (2), by striking out ‘‘the On22 Site Inspection Agency’’ and inserting in lieu thereof

23 ‘‘the Department of Defense’’;

24 (3) in paragraph (4), by striking out ‘‘nuclear

25 proliferation’’ and all that follows in such paragraph
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1 and inserting in lieu thereof ‘‘proliferation of nuclear,

2 biological, and chemical weapons, their delivery sys3 tems, related technologies, and other weapons.’’; and

4 (4) by adding at the end the following new para5 graph:

6 ‘‘(5) Activities supporting the dismantlement

7 and destruction of nuclear, biological, and chemical

8 weapons, their delivery systems, related technologies,

9 and other weapons.’’.

10 (c) REPEAL OF FUNDING LIMITATIONS.—Subsection

11 (d) of such section is amended—

12 (1) by striking out paragraphs (1) and (3); and

13 (2) by striking out ‘‘(2)’’.

14 (d) CROSS REFERENCE AMENDMENT.—Subsection

15 (e)(2) of such section is amended by striking out ‘‘and under

16 subsection (d)(4)’’.

17 SEC. 1212. STUDIES RELATING TO UNITED STATES

18 COUNTERPROLIFERATION POLICY.

19 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec20 tion 1603 of the National Defense Authorization Act for Fis21 cal Year 1994 (22 U.S.C. 5859a; 107 Stat. 1843) is amend22 ed by striking out ‘‘During fiscal year 1994, the Secretary’’

23 and inserting in lieu thereof ‘‘The Secretary’’;

24 (b) REPEAL OF REPORTING REQUIREMENT.—Such

25 section is further amended—
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1 (1) by striking out subsections (d) and (e); and

2 (2) by redesignating subsection (f) as subsection

3 (d).

4 SEC. 1213. FISCAL YEAR 1995 AMOUNT.

5 (a) FISCAL YEAR 1995 AMOUNT.—Of the total amount

6 authorized to be appropriated in section 301 for Defense7 wide activities, $30,159,000 is available for the purposes

8 of conducting counterproliferation activities.

9 (b) RESTRICTION.—None of the amount specified in

10 subsection (a) may be obligated until 15 days after the date

11 on which the Secretary of Defense submits to the congres12 sional committees named in section 1607(1) of Public Law

13 103–160 a report setting forth—

14 (1) a description of all of the activities within

15 the Department of Defense that are being carried out

16 or are to be carried out for the purposes stated in sec17 tion 1603 of the National Defense Authorization Act

18 for Fiscal Year 1994 (22 U.S.C. 5859a; 107 Stat.

19 1843);

20 (2) the plan for coordinating and integrating

21 those activities within the Department of Defense;

22 (3) the plan for coordinating and integrating

23 those activities with those of other Federal agencies;

24 and
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1 (4) the sources of the funds to be used for such

2 purposes.

3 SEC. 1214. LIMITATION ON FUNDS FOR STUDIES PENDING

4 RECEIPT OF PREVIOUSLY REQUIRED REPORT.

5 (a) LIMITATION.—Of the total amount specified in sec6 tion 1213(a) for counterproliferation activities for fiscal

7 year 1995, $2,000,000 shall be withheld from obligation

8 until the report described in subsection (b) has been submit9 ted to Congress.

10 (b) REPORT.—The report referred to in subsection (a)

11 is the report required to be submitted to Congress not later

12 than May 30, 1994, pursuant to section 1422 of the Na13 tional Defense Authorization Act for Fiscal Year 1994 (Pub14 lic Law 103–160; 107 Stat. 1829).

15 TITLE XIII—RESERVE OFFICER

16 PERSONNEL MANAGEMENT

17 ACT (ROPMA)

18 SEC. 1301. SHORT TITLE.

19 This title may be cited as the ‘‘Reserve Officer Person20 nel Management Act’’.

21 SEC. 1302. REFERENCES TO TITLE 10, UNITED STATES

22 CODE.

23 Except as otherwise expressly provided, whenever in

24 this title an amendment or repeal is expressed in terms of

25 an amendment to, or repeal of, a section or other provision,
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1 the reference shall be considered to be made to a section or

2 other provision of title 10, United States Code.

3 Subtitle A—Reserve Officer

4 Personnel Management

5 PART I—REVISED AND STANDARDIZED RESERVE

6 OFFICER PERSONNEL SYSTEM

7 SEC. 1311. PROMOTION AND RETENTION OF RESERVE OFFI8 CERS.

9 Title 10, United States Code, is amended by adding

10 at the end the following new subtitle:

11 ‘‘Subtitle E—Reserve Components

‘‘PART I—ORGANIZATION AND ADMINISTRATION

‘‘Chap. Sec.

‘‘1001. Definitions ........................................................................................... 10001

‘‘1003. Reserve Components Generally .......................................................... 10101

‘‘1005. Elements of Reserve Components ....................................................... 10141

‘‘1007. Administration of Reserve Components ............................................ 10201

‘‘1009. Reserve Forces Policy Boards and Committees ................................ 10301

‘‘1011. National Guard Bureau ..................................................................... 10501

‘‘1013. Budget Information and Annual Reports to Congress .................... 10541

‘‘PART II—PERSONNEL GENERALLY

‘‘1201. Authorized Strengths and Distribution in Grade ............................ 12001

‘‘1203. Enlisted Members ................................................................................ 12101

‘‘1205. Appointment of Reserve Officers ........................................................ 12201

‘‘1207. Warrant Officers ................................................................................. 12241

‘‘1209. Active Duty ......................................................................................... 12301

‘‘1211. National Guard Members in Federal Service ................................... 12401

‘‘1213. Special Appointments, Assignments, Details, and Duties ............... 12501

‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]

‘‘1217. Miscellaneous Rights and Benefits .................................................... 12601

‘‘1219. Standards and Procedures for Retention and Promotion ............... 12641

‘‘1221. Separation ........................................................................................... 12681

‘‘1223. Retired Pay for Non-Regular Service ............................................... 12731

‘‘1225. Retired Grade ...................................................................................... 12771

‘‘PART III—PROMOTION AND RETENTION OF OFFICERS ON THE

RESERVE ACTIVE-STATUS LIST

‘‘1401. Applicability and Reserve Active-Status Lists ................................. 14001

‘‘1403. Selection Boards .................................................................................. 14101
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‘‘1405. Promotions ........................................................................................... 14301

‘‘1407. Failure of Selection for Promotion and Involuntary Separation 14501

‘‘1409. Continuation of Officers on the Reserve-Active Status List and

Selective Early Removal .................................................... 14701

‘‘1411. Additional Provisions Relating to Involuntary Separation ........... 14901

‘‘PART IV—TRAINING FOR RESERVE COMPONENTS AND

EDUCATIONAL ASSISTANCE PROGRAMS

‘‘1601. Training Generally ........................................................... [No present

sections]

‘‘1606. Educational Assistance for Members of the Selected Reserve .......... 16131

‘‘1608. Health Professions Stipend Program ................................................ 16201

‘‘1609. Education Loan Repayments ............................................................. 16301

‘‘PART V—SERVICE, SUPPLY, AND PROCUREMENT

‘‘1801. Issue of Serviceable Material to Reserve Components .... [No present

sections]

‘‘1803. Facilities for Reserve Components ..................................................... 18231

‘‘1805. Miscellaneous Provisions .................................................................... 18501

1 ‘‘PART III—PROMOTION AND RETENTION OF

2 OFFICERS ON THE RESERVE ACTIVE-STATUS LIST

‘‘Chap. Sec.

‘‘1401. Applicability and Reserve Active-Status Lists ................................. 14001

‘‘1403. Selection Boards .................................................................................. 14101

‘‘1405. Promotions ........................................................................................... 14301

‘‘1407. Failure of Selection for Promotion and Involuntary Separation 14501

‘‘1409. Continuation of Officers on the Reserve Active-Status List and Selective Early Removal ........................................................ 14701

‘‘1411. Additional Provisions Relating to Involuntary Separation ............ 14901

3 ‘‘CHAPTER 1401—APPLICABILITY AND RESERVE

4 ACTIVE-STATUS LISTS

‘‘Sec.

‘‘14001. Applicability of this part.

‘‘14002. Reserve active-status lists: requirement for each armed force.

‘‘14003. Reserve active-status lists: position of officers on the list.

‘‘14004. Reserve active-status lists: eligibility for Reserve promotion.

‘‘14005. Competitive categories.

‘‘14006. Determination of years in grade.

5 ‘‘§ 14001. Applicability of this part

6 ‘‘This chapter and chapters 1403 through 1411 of this

7 title apply, as appropriate, to all reserve officers of the
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1 Army, Navy, Air Force, and Marine Corps except warrant

2 officers.

3 ‘‘§ 14002. Reserve active-status lists: requirement for

4 each armed force

5 ‘‘(a) The Secretary of each military department shall

6 maintain a single list, to be known as the reserve active7 status list, for each armed force under the Secretary’s juris8 diction. That list shall include the names of all reserve offi9 cers of that armed force who are in an active status other

10 than those on an active-duty list described in section 620

11 of this title or warrant officers (including commissioned

12 warrant officers).

13 ‘‘(b) The reserve active-status list for the Army shall

14 include officers in the Army Reserve and the Army National

15 Guard of the United States. The reserve active-status list

16 for the Air Force shall include officers in the Air Force Re17 serve and the Air National Guard of the United States. The

18 Secretary of the Navy shall maintain separate lists for the

19 Naval Reserve and the Marine Corps Reserve.

20 ‘‘§ 14003. Reserve active-status: position of officers on

21 the list

22 ‘‘(a) POSITION ON LIST.—Officers shall be carried on

23 the reserve active-status list of the armed force of which they

24 are members in the order of seniority of the grade in which

25 they are serving in an active status. Officers serving in the
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1 same grade shall be carried in the order of their rank in

2 that grade.

3 ‘‘(b) EFFECT ON POSITION HELD BY REASON OF TEM4 PORARY APPOINTMENT OR ASSIGNMENT.—An officer whose

5 position on the reserve active-status list results from service

6 under a temporary appointment or in a grade held by rea7 son of assignment to a position has, when that appointment

8 or assignment ends, the grade and position on that list that

9 the officer would have held if the officer had not received

10 that appointment or assignment.

11 ‘‘§ 14004. Reserve active-status lists: eligibility for

12 Reserve promotion

13 ‘‘Except as otherwise provided by law, an officer must

14 be on a reserve active-status list to be eligible under chapter

15 1405 of this title for consideration for selection for pro16 motion or for promotion.

17 ‘‘§ 14005. Competitive categories

18 ‘‘Each officer whose name appears on a reserve active19 status list shall be placed in a competitive category. The

20 competitive categories for each armed force shall be specified

21 by the Secretary of the military department concerned

22 under regulations prescribed by the Secretary of Defense.

23 Officers in the same competitive category shall compete

24 among themselves for promotion.
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1 ‘‘§ 14006. Determination of years in grade

2 ‘‘For the purpose of chapters 1403 through 1411 of this

3 title, an officer’s years of service in a grade are computed

4 from the officer’s date of rank in grade as determined under

5 section 741(d) of this title.

6 ‘‘CHAPTER 1403—SELECTION BOARDS

‘‘Sec.

‘‘14101. Convening of selection boards.

‘‘14102. Selection boards: appointment and composition.

‘‘14103. Oath of members.

‘‘14104. Confidentiality of board proceedings.

‘‘14105. Notice of convening of selection board.

‘‘14106. Communication with board by officers under consideration.

‘‘14107. Information furnished by the Secretary concerned to promotion boards.

‘‘14108. Recommendations by promotion boards.

‘‘14109. Reports of promotion boards: in general.

‘‘14110. Reports of promotion boards: review by Secretary.

‘‘14111. Reports of selection boards: transmittal to President.

‘‘14112. Dissemination of names of officers selected.

7 ‘‘§ 14101. Convening of selection boards

8 ‘‘(a) PROMOTION BOARDS.—(1) Whenever the needs of

9 the Army, Navy, Air Force, or Marine Corps require, the

10 Secretary concerned shall convene a selection board to rec11 ommend for promotion to the next higher grade, under

12 chapter 1405 of this title, officers on the reserve active-status

13 list of that armed force in a permanent grade from first

14 lieutenant through brigadier general or, in the case of the

15 Naval Reserve, lieutenant (junior grade) through rear ad16 miral (lower half). A selection board convened under this

17 subsection shall be known as a ‘promotion board’.

18 ‘‘(2) A promotion board convened to recommend re19 serve officers of the Army or reserve officers of the Air Force
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1 for promotion (A) to fill a position vacancy under section

2 14315 of this title, or (B) to the grade of brigadier general

3 or major general, shall (except in the case of a board con4 vened to consider officers as provided in section 14301(e)

5 of this title) be known as a ‘vacancy promotion board’. Any

6 other promotion board convened under this subsection shall

7 be known as a ‘mandatory promotion board’.

8 ‘‘(b) CONTINUATION BOARDS.—Whenever the needs of

9 the Army, Navy, Air Force, or Marine Corps require, the

10 Secretary concerned may convene a selection board to rec11 ommend officers of that armed force—

12 ‘‘(1) for continuation on the reserve active-status

13 list under section 14701 of this title;

14 ‘‘(2) for selective early removal from the reserve

15 active-status list under section 14704 of this title; or

16 ‘‘(3) for selective early retirement under section

17 14705 of this title.

18 A selection board convened under this subsection shall be

19 known as a ‘continuation board’.

20 ‘‘§ 14102. Selection boards: appointment and composi21 tion

22 ‘‘(a) APPOINTMENT.—Members of selection boards con23 vened under section 14101 of this title shall be appointed

24 by the Secretary of the military department concerned in

25 accordance with this section. Promotion boards and special
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1 selection boards shall consist of five or more officers. Con2 tinuation boards shall consist of three or more officers. All

3 of the officers of any such selection board shall be of the

4 same armed force as the officers under consideration by the

5 board.

6 ‘‘(b) COMPOSITION.—At least one-half of the members

7 of such a selection board shall be reserve officers, to include

8 at least one reserve officer from each reserve component from

9 which officers are to be considered by the board. Each mem10 ber of a selection board must hold a permanent grade higher

11 than the grade of the officers under consideration by the

12 board, and no member of a board may hold a grade below

13 major or lieutenant commander.

14 ‘‘(c) REPRESENTATION OF COMPETITIVE CAT15 EGORIES.—(1) Except as provided in paragraph (2), a se16 lection board shall include at least one officer from each

17 competitive category of officers to be considered by the

18 board.

19 ‘‘(2) A selection board need not include an officer from

20 a competitive category to be considered by the board if there

21 is no officer of that competitive category on the reserve ac22 tive-status list or the active-duty list in a permanent grade

23 higher than the grade of the officers to be considered by the

24 board and otherwise eligible to serve on the board. However,

25 in such a case, the Secretary of the military department
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1 concerned, in his discretion, may appoint as a member of

2 the board a retired officer of that competitive category who

3 is in the same armed force as the officers under consider4 ation by the board who holds a higher grade than the grade

5 of the officers under consideration.

6 ‘‘(d) PROHIBITION OF SERVICE ON CONSECUTIVE PRO7 MOTION BOARDS.—No officer may be a member of two suc8 cessive promotion boards convened under section 14101(a)

9 of this title for the consideration of officers of the same com10 petitive category and grade if the second of the two boards

11 is to consider any officer who was considered and not rec12 ommended for promotion to the next higher grade by the

13 first of the two boards.

14 ‘‘§ 14103. Oath of members

15 ‘‘Each member of a selection board convened under sec16 tion 14101 of this title shall take an oath to perform the

17 duties of a member of the board without prejudice or parti18 ality, having in view both the special fitness of officers and

19 the efficiency of the member’s armed force.

20 ‘‘§ 14104. Confidentiality of board proceedings

21 ‘‘Except as otherwise authorized or required by law,

22 the proceedings of a selection board convened under section

23 14101 of this title may not be disclosed to any person not

24 a member of the board.
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1 ‘‘§ 14105. Notice of convening of promotion board

2 ‘‘(a) REQUIRED NOTICE.—At least 30 days before a

3 promotion board is convened under section 14101(a) of this

4 title to consider officers in a grade and competitive category

5 for promotion to the next higher grade, the Secretary con6 cerned shall either (1) notify in writing the officers eligible

7 for consideration by the board for promotion regarding the

8 convening of the board, or (2) issue a general written notice

9 to the armed force concerned regarding the convening of the

10 board.

11 ‘‘(b) CONTENT OF NOTICE.—A notice under subsection

12 (a) shall include the date on which the board is to convene

13 and (except in the case of a vacancy promotion board) the

14 name and date of rank of the junior officer, and of the sen15 ior officer, in the promotion zone as of the date of the notice.

16 ‘‘§ 14106. Communication with board by officers under

17 consideration

18 ‘‘Subject to regulations prescribed by the Secretary of

19 the military department concerned, an officer eligible for

20 consideration by a promotion board convened under section

21 14101(a) of this title who is in the promotion zone or above

22 the promotion zone, or who is to be considered by a vacancy

23 promotion board, may send a written communication to the

24 board calling attention to any matter concerning the officer

25 which the officer considers important to the officer’s case.

26 Any such communication shall be sent so as to arrive not
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1 later than the date on which the board convenes. The board

2 shall give consideration to any timely communication

3 under this section.

4 ‘‘§ 14107. Information furnished by the Secretary con5 cerned to promotion boards

6 ‘‘(a) INTEGRITY OF THE PROMOTION SELECTION

7 BOARD PROCESS.—(1) The Secretary of Defense shall pre8 scribe regulations governing information furnished to selec9 tion boards convened under section 14101(a) of this title.

10 Those regulations shall apply uniformly among the mili11 tary departments. Any regulations prescribed by the Sec12 retary of a military department to supplement those regula13 tions may not take effect without the approval of the Sec14 retary of Defense in writing.

15 ‘‘(2) No information concerning a particular eligible

16 officer may be furnished to a selection board except for the

17 following:

18 ‘‘(A) Information that is in the officer’s official

19 military personnel file and that is provided to the se20 lection board in accordance with the regulations pre21 scribed by the Secretary of Defense pursuant to para22 graph (1).

23 ‘‘(B) Other information that is determined by

24 the Secretary of the military department concerned,

25 after review by that Secretary in accordance with
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1 standards and procedures set out in the regulations

2 prescribed by the Secretary of Defense pursuant to

3 paragraph (1), to be substantiated, relevant informa4 tion that could reasonably and materially affect the

5 deliberations of the promotion board.

6 ‘‘(C) Subject to such limitations as may be pre7 scribed in those regulations, information commu8 nicated to the board by the officer in accordance with

9 this section, section 14106 of this title (including any

10 comment on information referred to in subparagraph

11 (A) regarding that officer), or other applicable law.

12 ‘‘(D) A factual summary of the information de13 scribed in subparagraphs (A), (B), and (C) that, in

14 accordance with the regulations prescribed pursuant

15 to paragraph (1) is prepared by administrative per16 sonnel for the purpose of facilitating the work of the

17 selection board.

18 ‘‘(3) Information provided to a promotion board in ac19 cordance with paragraph (2) shall be made available to all

20 members of the board and shall be made a part of the record

21 of the board. Communication of such information shall be

22 in a written form or in the form of an audio or video re23 cording. If a communication is in the form of an audio

24 or video recording, a written transcription of the recording
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1 shall also be made a part of the record of the promotion

2 board.

3 ‘‘(4) Paragraphs (2) and (3) do not apply to the fur4 nishing of appropriate administrative processing informa5 tion to the promotion board by an administrative staff des6 ignated to assist the board, but only to the extent that oral

7 communications are necessary to facilitate the work of the

8 board.

9 ‘‘(5) Information furnished to a promotion board that

10 is described in subparagraph (B), (C), or (D) of paragraph

11 (2) may not be furnished to a later promotion board un12 less—

13 ‘‘(A) the information has been properly placed in

14 the official military personnel file of the officer con15 cerned; or

16 ‘‘(B) the information is provided to the later se17 lection board in accordance with paragraph (2).

18 ‘‘(6)(A) Before information described in paragraph

19 (2)(B) regarding an eligible officer is furnished to a selec20 tion board, the Secretary of the military department con21 cerned shall ensure—

22 ‘‘(i) that such information is made available to

23 such officer; and
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1 ‘‘(ii) that the officer is afforded a reasonable op2 portunity to submit comments on that information to

3 the promotion board.

4 ‘‘(B) If an officer cannot be given access to the infor5 mation referred to in subparagraph (A) because of its classi6 fication status, the officer shall, to the maximum extent

7 practicable, be furnished an appropriate summary of the

8 information.

9 ‘‘(b) INFORMATION TO BE FURNISHED.—The Sec10 retary of the military department concerned shall furnish

11 to a promotion board convened under section 14101(a) of

12 this title the following:

13 ‘‘(1) In the case of a mandatory promotion

14 board, the maximum number (as determined in ac15 cordance with section 14307 of this title) of officers in

16 each competitive category under consideration that

17 the board is authorized to recommend for promotion

18 to the next higher grade.

19 ‘‘(2) The name of each officer in each competitive

20 category under consideration who is to be considered

21 by the board for promotion.

22 ‘‘(3) The pertinent records (as determined by the

23 Secretary) of each officer whose name is furnished to

24 the board.
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1 ‘‘(4) Information or guidelines relating to the

2 needs of the armed force concerned for officers having

3 particular skills, including (except in the case of a

4 vacancy promotion board) guidelines or information

5 relating to either a minimum number or a maximum

6 number of officers with particular skills within a

7 competitive category.

8 ‘‘(5) Such other information or guidelines as the

9 Secretary concerned may determine to be necessary to

10 enable the board to perform its functions.

11 ‘‘(c) LIMITATION ON MODIFYING FURNISHED INFOR12 MATION.—Information or guidelines furnished to a selection

13 board under subsection (a) may not be modified, with14 drawn, or supplemented after the board submits its report

15 to the Secretary of the military department concerned pur16 suant to section 14109(a) of this title. However, in the case

17 of a report returned to a board pursuant to section 14110(a)

18 of this title for further proceedings because of a determina19 tion by the Secretary of the military department concerned

20 that the board acted contrary to law, regulation, or guide21 lines, the Secretary may modify, withdraw, or supplement

22 such information or guidelines as part of a written expla23 nation to the board as provided in that section.

24 ‘‘(d) OFFICERS IN HEALTH-PROFESSIONS COMPETI25 TIVE CATEGORIES.—The Secretary of each military depart-
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1 ment, under uniform regulations prescribed by the Sec2 retary of Defense, shall include in guidelines furnished to

3 a promotion board convened under section 14101(a) of this

4 title that is considering officers in a health-professions com5 petitive category for promotion to a grade below colonel or,

6 in the case of officers of the Naval Reserve, captain, a direc7 tion that the board give consideration to an officer’s clinical

8 proficiency and skill as a health professional to at least as

9 great an extent as the board gives to the officer’s adminis10 trative and management skills.

11 ‘‘§ 14108. Recommendations by promotion boards

12 ‘‘(a) RECOMMENDATION OF BEST QUALIFIED OFFI13 CERS.—A promotion board convened under section

14 14101(a) of this title shall recommend for promotion to the

15 next higher grade those officers considered by the board

16 whom the board considers best qualified for promotion with17 in each competitive category considered by the board or, in

18 the case of a vacancy promotion board, among those officers

19 considered to fill a vacancy. In determining those officers

20 who are best qualified for promotion, the board shall give

21 due consideration to the needs of the armed force concerned

22 for officers with particular skills (as noted in the guidelines

23 or information furnished the board under sections 14107

24 of this title).
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1 ‘‘(b) MAJORITY REQUIRED.—A promotion board con2 vened under section 14101(a) of this title may not rec3 ommend an officer for promotion unless—

4 ‘‘(1) the officer receives the recommendation of a

5 majority of the members of the board; and

6 ‘‘(2) a majority of the members of the board

7 finds that the officer is fully qualified for promotion.

8 ‘‘(c) BOARD RECOMMENDATION REQUIRED FOR PRO9 MOTION.—Except as otherwise provided by law, an officer

10 on the reserve active-status list may not be promoted to a

11 higher grade under chapter 1405 of this title unless the offi12 cer is considered and recommended for promotion to that

13 grade by a promotion board convened under section

14 14101(a) of this title (or by a special selection board con15 vened under section 14502 of this title).

16 ‘‘(d) DISCLOSURE OF BOARD RECOMMENDATIONS.—

17 The recommendations of a promotion board may be dis18 closed only in accordance with regulations prescribed by the

19 Secretary of Defense. Those recommendations may not be

20 disclosed to a person not a member of the board (or a mem21 ber of the administrative staff designated by the Secretary

22 concerned to assist the board) until the written report of

23 the recommendations of the board, required by section

24 14109 of this title, is signed by each member of the board.
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1 ‘‘(e) PROHIBITION OF COERCION AND UNAUTHORIZED

2 INFLUENCE OF ACTIONS OF BOARD MEMBERS.—The Sec3 retary convening a promotion board under section 14101(a)

4 of this title, and an officer or other official exercising au5 thority over any member of a selection board, may not—

6 ‘‘(1) censure, reprimand, or admonish the selec7 tion board or any member of the board with respect

8 to the recommendations of the board or the exercise of

9 any lawful function within the authorized discretion

10 of the board; or

11 ‘‘(2) attempt to coerce or, by any unauthorized

12 means, influence any action of a promotion board or

13 any member of a promotion board in the formulation

14 of the board’s recommendations.

15 ‘‘§ 14109. Reports of promotion boards: in general

16 ‘‘(a) REPORT OF OFFICERS RECOMMENDED FOR PRO17 MOTION.—Each promotion board convened under section

18 14101(a) of this title shall submit to the Secretary of the

19 military department concerned a report in writing contain20 ing a list of the names of the officers recommended by the

21 board for promotion. The report shall be signed by each

22 member of the board.

23 ‘‘(b) CERTIFICATION.—Each report under subsection

24 (a) shall include a certification—
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1 ‘‘(1) that the board has carefully considered the

2 record of each officer whose name was furnished to the

3 board; and

4 ‘‘(2) that, in the case of a promotion board con5 vened under section 14101(a) of this title, in the opin6 ion of a majority of the members of the board, the of7 ficers recommended for promotion by the board are

8 best qualified for promotion to meet the needs of the

9 armed force concerned (as noted in the guidelines or

10 information furnished the board under section 14107

11 of this title) among those officers whose names were

12 furnished to the selection board.

13 ‘‘(c) SHOW-CAUSE RECOMMENDATIONS.—(1) A pro14 motion board convened under section 14101(a) of this title

15 shall include in its report to the Secretary concerned the

16 name of any reserve officer before it for consideration for

17 promotion whose record, in the opinion of a majority of

18 the members of the board, indicates that the officer should

19 be required to show cause for retention in an active status.

20 ‘‘(2) If such a report names an officer as having a

21 record which indicates that the officer should be required

22 to show cause for retention, the Secretary concerned may

23 provide for the review of the record of that officer as pro24 vided under regulations prescribed under section 14902 of

25 this title.
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1 ‘‘§ 14110. Reports of promotion boards: review by Sec2 retary

3 ‘‘(a) REVIEW OF REPORT.—Upon receipt of the report

4 of a promotion board submitted under section 14109(a) of

5 this title, the Secretary of the military department con6 cerned shall review the report to determine whether the

7 board has acted contrary to law or regulation or to guide8 lines furnished the board under section 14107(a) of this

9 title. Following that review, unless the Secretary concerned

10 makes a determination as described in subsection (b), the

11 Secretary shall submit the report as required by section

12 14111 of this title.

13 ‘‘(b) RETURN OF REPORT FOR FURTHER PROCEED14 INGS.—If, on the basis of a review of the report under sub15 section (a), the Secretary of the military department con16 cerned determines that the board acted contrary to law or

17 regulation or to guidelines furnished the board under sec18 tion 14107(a) of this title, the Secretary shall return the

19 report, together with a written explanation of the basis for

20 such determination, to the board for further proceedings.

21 Upon receipt of a report returned by the Secretary con22 cerned under this subsection, the selection board (or a subse23 quent selection board convened under section 14101(a) of

24 this title for the same grade and competitive category) shall

25 conduct such proceedings as may be necessary in order to

26 revise the report to be consistent with law, regulation, and
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1 such guidelines and shall resubmit the report, as revised,

2 to the Secretary in accordance with section 14109 of this

3 title.

4 ‘‘§ 14111. Reports of selection boards: transmittal to

5 President

6 ‘‘(a) TRANSMITTAL TO PRESIDENT.—The Secretary

7 concerned, after final review of the report of a selection

8 board under section 14110 of this title, shall submit the re9 port with the Secretary’s recommendations, to the Secretary

10 of Defense for transmittal by the Secretary to the President

11 for approval or disapproval. If the authority of the Presi12 dent to approve or disapprove the report of a promotion

13 board is delegated to the Secretary of Defense, that author14 ity may not be redelegated except to an official in the Office

15 of the Secretary of Defense.

16 ‘‘(b) REMOVAL OF NAME FROM BOARD REPORT.—The

17 name of an officer recommended for promotion by a selec18 tion board may be removed from the report of the selection

19 board only by the President.

20 ‘‘(c) RECOMMENDATIONS FOR REMOVAL OF SELECTED

21 OFFICERS FROM REPORT.—If the Secretary of a military

22 department or the Secretary of Defense makes a rec23 ommendation under this section that the name of an officer

24 be removed from the report of a promotion board and the

25 recommendation is accompanied by information that was
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1 not presented to that promotion board, that information

2 shall be made available to that officer. The officer shall then

3 be afforded a reasonable opportunity to submit comments

4 on that information to the officials making the rec5 ommendation and the officials reviewing the recommenda6 tion. If an eligible officer cannot be given access to such

7 information because of its classification status, the officer

8 shall, to the maximum extent practicable, be provided with

9 an appropriate summary of the information.

10 ‘‘§ 14112. Dissemination of names of officers selected

11 ‘‘Upon approval by the President of the report of a

12 promotion board, the names of the officers recommended for

13 promotion by the promotion board (other than any name

14 removed by the President) may be disseminated to the

15 armed force concerned. If those names have not been sooner

16 disseminated, those names (other than the name of any offi17 cer whose promotion the Senate failed to confirm) shall be

18 promptly disseminated to the armed force concerned upon

19 confirmation by the Senate.

20 ‘‘CHAPTER 1405—PROMOTIONS

‘‘Sec.

‘‘14301. Eligibility for consideration for promotion: general rules.

‘‘14302. Promotion zones.

‘‘14303. Eligibility for consideration for promotion: minimum years of service in

grade.

‘‘14304. Eligibility for consideration for promotion: maximum years of service in

grade.

‘‘14305. Establishment of promotion zones: mandatory consideration for promotion.

‘‘14306. Establishment of promotion zones: Naval Reserve and Marine Corps Reserve running mate system.
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‘‘14307. Numbers of officers to be recommended for promotion.

‘‘14308. Promotions: how made.

‘‘14309. Acceptance of promotion: oath of office.

‘‘14310. Removal of officers from a list of officers recommended for promotion.

‘‘14311. Delay of promotion: involuntary.

‘‘14312. Delay of promotion: voluntary.

‘‘14313. Authority to vacate promotions to grade of brigadier general or rear admiral (lower half).

‘‘14314. Army and Air Force commissioned officers: generals ceasing to occupy

positions commensurate with grade; state adjutants general.

‘‘14315. Position vacancy promotions: Army and Air Force officers.

‘‘14316. Army National Guard and Air National Guard: appointment to and

Federal recognition in a higher reserve grade after selection for

promotion.

‘‘14317. Officers in transition to and from the active-status list or active-duty list.

1 ‘‘§ 14301. Eligibility for consideration for promotion:

2 general rules

3 ‘‘(a) ONE-YEAR RULE.—An officer is eligible under

4 this chapter for consideration for promotion by a promotion

5 board convened under section 14101(a) of this title only if—

6 ‘‘(1) the officer is on the reserve active-status list

7 of the Army, Navy, Air Force, or Marine Corps; and

8 ‘‘(2) during the one-year period ending on the

9 date of the convening of the promotion board the offi10 cer has continuously performed service on either the

11 reserve active-status list or the active-duty list (or on

12 a combination of both lists).

13 ‘‘(b) REQUIREMENT FOR CONSIDERATION OF ALL OF14 FICERS IN AND ABOVE THE ZONE.—Whenever a promotion

15 board (other than a vacancy promotion board) is convened

16 under section 14101(a) of this title for consideration of offi17 cers in a competitive category who are eligible under this

18 chapter for consideration for promotion to the next higher
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1 grade, each officer in the promotion zone, and each officer

2 above the promotion zone, for that grade and competitive

3 category shall be considered for promotion.

4 ‘‘(c) PREVIOUSLY SELECTED OFFICERS NOT ELIGIBLE

5 TO BE CONSIDERED.—A promotion board convened under

6 section 14101(a) of this title may not consider for pro7 motion to the next higher grade—

8 ‘‘(1) an officer whose name is on a promotion

9 list for that grade as a result of recommendation for

10 promotion to that grade by an earlier selection board

11 convened under that section or section 14502 of this

12 title or under chapter 36 of this title;

13 ‘‘(2) an officer who has been approved for Fed14 eral recognition by a board convened under section

15 307 of title 32 and nominated by the President for

16 promotion to the next higher grade as a reserve of the

17 Army or of the Air Force as the case may be; or

18 ‘‘(3) an officer who has been nominated by the

19 President for promotion to the next higher grade

20 under any other provision of law.

21 ‘‘(d) OFFICERS BELOW THE ZONE.—The Secretary of

22 the military department concerned may, by regulation, pre23 scribe procedures to limit the officers to be considered by

24 a selection board from below the promotion zone to those

25 officers who are determined to be exceptionally well quali-
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1 fied for promotion. The regulations shall include criteria

2 for determining which officers below the promotion zone are

3 exceptionally well qualified for promotion.

4 ‘‘(e) RESERVE OFFICERS OF THE ARMY; CONSIDER5 ATION FOR BRIGADIER GENERAL AND MAJOR GENERAL.—

6 In the case of officers of the Army, if the Secretary of the

7 Army determines that vacancies are authorized or antici8 pated in the reserve grades of major general or brigadier

9 general for officers who are on the reserve active-status list

10 and who are not assigned to units organized to serve as

11 a unit and the Secretary convenes a mandatory promotion

12 board under section 14101(a) of this title to consider officers

13 for promotion to fill such vacancies, the Secretary may

14 limit the officers to be considered by that board to those

15 determined to be exceptionally well qualified for promotion

16 under such criteria and procedures as the Secretary may

17 by regulation prescribe.

18 ‘‘(f) CERTAIN RESERVE OFFICERS OF THE AIR

19 FORCE.—A reserve officer of the Air Force who (1) is in

20 the Air National Guard of the United States and holds the

21 grade of lieutenant colonel, colonel, or brigadier general, or

22 (2) is in the Air Force Reserve and holds the grade of colonel

23 or brigadier general, is not eligible for consideration for

24 promotion by a mandatory promotion board convened

25 under section 14101(a) of this title.
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1 ‘‘(g) NONCONSIDERATION OF OFFICERS SCHEDULED

2 FOR REMOVAL FROM RESERVE ACTIVE-STATUS LIST.—The

3 Secretary of the military department concerned may, by

4 regulation, provide for the exclusion from consideration for

5 promotion by a promotion board of any officer otherwise

6 eligible to be considered by the board who has an established

7 date for removal from the reserve active-status list that is

8 not more than 90 days after the date on which the selection

9 board for which the officer would otherwise be eligible is

10 to be convened.

11 ‘‘§ 14302. Promotion zones

12 ‘‘(a) PROMOTION ZONES GENERALLY.—For purposes

13 of this chapter, a promotion zone is an eligibility category

14 for the consideration of officers by a mandatory promotion

15 board. A promotion zone consists of those officers on the

16 reserve active-status list who are in the same grade and

17 competitive category and who meet the requirements of both

18 paragraphs (1) and (2) or the requirements of paragraph

19 (3), as follows:

20 ‘‘(1)(A) In the case of officers in grades below

21 colonel, for reserve officers of the Army, Air Force,

22 and Marine Corps, or captain, for officers of the

23 Naval Reserve, those who have neither (i) failed of se24 lection for promotion to the next higher grade, nor
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1 (ii) been removed from a list of officers recommended

2 for promotion to that grade.

3 ‘‘(B) In the case of officers in the grade of colonel

4 or brigadier general, for reserve officers of the Army

5 and Marine Corps, or in the grade of captain or rear

6 admiral (lower half), for reserve officers of the Navy,

7 those who have neither (i) been recommended for pro8 motion to the next higher grade when considered in

9 the promotion zone, nor (ii) been removed from a list

10 of officers recommended for promotion to that grade.

11 ‘‘(2) Those officers who are senior to the officer

12 designated by the Secretary of the military depart13 ment concerned to be the junior officer in the pro14 motion zone eligible for consideration for promotion

15 to the next higher grade and the officer so designated.

16 ‘‘(3) Those officers who—

17 ‘‘(A) have been selected from below the zone

18 for promotion to the next higher grade or by a

19 vacancy promotion board, but whose names were

20 removed from the list of officers recommended for

21 promotion to that next higher grade resulting

22 from that selection;

23 ‘‘(B) have not failed of selection for pro24 motion to that next higher grade; and
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1 ‘‘(C) are senior to the officer designated by

2 the Secretary of the military department con3 cerned to be the junior officer in the promotion

4 zone eligible for consideration for promotion to

5 that next higher grade and the officer so

6 designated.

7 ‘‘(b) OFFICERS ABOVE THE ZONE.—Officers on the re8 serve active-status list are considered to be above the pro9 motion zone for a grade and competitive category if they—

10 ‘‘(1) are eligible for consideration for promotion

11 to the next higher grade;

12 ‘‘(2) are in the same grade as those officers in

13 the promotion zone for that competitive category; and

14 ‘‘(3) are senior to the senior officer in the pro15 motion zone for that competitive category.

16 ‘‘(c) OFFICERS BELOW THE ZONE.—Officers on the re17 serve active-status list are considered to be below the pro18 motion zone for a grade and competitive category if they—

19 ‘‘(1) are eligible for consideration for promotion

20 to the next higher grade;

21 ‘‘(2) are in the same grade as those officers in

22 the promotion zone for that competitive category; and

23 ‘‘(3) are junior to the junior officer in the pro24 motion zone for that competitive category.
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1 ‘‘§ 14303. Eligibility for consideration for promotion:

2 minimum years of service in grade

3 ‘‘(a) OFFICERS IN PAY GRADES O–1 AND O–2.—An

4 officer who is on the reserve active-status list of the Army,

5 Navy, Air Force, or Marine Corps and holds a permanent

6 appointment in the grade of second lieutenant or first lieu7 tenant as a reserve officer of the Army, Air Force, or Marine

8 Corps, or in the grade of ensign or lieutenant (junior grade)

9 as a reserve officer of the Navy, may not be promoted to

10 the next higher grade, or granted Federal recognition in

11 that grade, until the officer has completed the following

12 years of service in grade:

13 ‘‘(1) Eighteen months, in the case of an officer

14 holding a permanent appointment in the grade of sec15 ond lieutenant or ensign.

16 ‘‘(2) Two years, in the case of an officer holding

17 a permanent appointment in the grade of first lieu18 tenant or lieutenant (junior grade).

19 ‘‘(b) OFFICERS IN PAY GRADES O–3 AND ABOVE.—

20 Subject to subsection (d), an officer who is on the reserve

21 active-status list of the Army, Air Force, or Marine Corps

22 and holds a permanent appointment in a grade above first

23 lieutenant, or who is on the reserve active-status list of the

24 Navy in a grade above lieutenant (junior grade), may not

25 be considered for selection for promotion to the next higher

26 grade, or examined for Federal recognition in the next high-
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1 er grade, until the officer has completed the following years

2 of service in grade:

3 ‘‘(1) Three years, in the case of an officer of the

4 Army, Air Force, or Marine Corps holding a perma5 nent appointment in the grade of captain, major, or

6 lieutenant colonel or in the case of a reserve officer

7 of the Navy holding a permanent appointment in

8 the grade of lieutenant, lieutenant commander, or

9 commander.

10 ‘‘(2) One year, in the case of an officer of the

11 Army, Air Force, or Marine Corps holding a perma12 nent appointment in the grade of colonel or brigadier

13 general or in the case of a reserve officer of the Navy

14 holding a permanent appointment in the grade of

15 captain or rear admiral (lower half).

16 This subsection does not apply to an adjutant general or

17 assistant adjutant general of a State or to an appointment

18 in a higher grade which is based upon a specific provision

19 of law.

20 ‘‘(c) AUTHORITY TO LENGTHEN MINIMUM PERIOD IN

21 GRADE.—The Secretary concerned may prescribe a period

22 of service in grade for eligibility for promotion, in the case

23 of officers to whom subsection (a) applies, or for eligibility

24 for consideration for promotion, in the case of officers to
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1 whom subsection (b) applies, that is longer than the appli2 cable period specified in that subsection.

3 ‘‘(d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE

4 CONSIDERATIONS.—Subject to section 14307(b) of this title,

5 the Secretary of the military department concerned may

6 waive subsection (b) to the extent necessary to ensure that

7 officers described in paragraph (1) of that subsection have

8 at least two opportunities for consideration for promotion

9 to the next higher grade as officers below the promotion

10 zone.

11 ‘‘§ 14304. Eligibility for consideration for promotion:

12 maximum years of service in grade

13 ‘‘(a) CONSIDERATION FOR PROMOTION WITHIN SPECI14 FIED TIMES.—(1) Officers described in paragraph (3) shall

15 be placed in the promotion zone for that officer’s grade and

16 competitive category, and shall be considered for promotion

17 to the next higher grade by a promotion board convened

18 under section 14101(a) of this title, far enough in advance

19 of completing the years of service in grade specified in the

20 following table so that, if the officer is recommended for pro21 motion, the promotion may be effective on or before the date

22 on which the officer will complete those years of service.

Maximum years of

‘‘Current Grade service in grade

‘‘First lieutenant or Lieutenant (junior grade) ................... 5 years

‘‘Captain or Navy Lieutenant ............................................... 7 years

‘‘Major or Lieutenant commander ........................................ 7 years
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1 ‘‘(2) Paragraph (1) is subject to subsections (a), (b),

2 and (c) of section 14301 of this title and applies without

3 regard to vacancies.

4 ‘‘(3) Paragraph (1) applies to an officer who is on the

5 reserve active-status list of the Army, Navy, Air Force, or

6 Marine Corps and who holds a permanent appointment in

7 the grade of first lieutenant, captain, or major as a reserve

8 of the Army, Air Force, or Marine Corps, or to an officer

9 on the reserve active-status list of the Navy in the grade

10 of lieutenant (junior grade), lieutenant, or lieutenant com11 mander as a reserve of the Navy, and who, while holding

12 that appointment, has not been considered by a selection

13 board convened under section 14101(a) or 14502 of this title

14 for promotion to the next higher grade.

15 ‘‘(b) PROMOTION DATE.—An officer holding a perma16 nent grade specified in the table in subsection (a) who is

17 recommended for promotion to the next higher grade by a

18 selection board the first time the officer is considered for

19 promotion while in or above the promotion zone and who

20 is placed on an approved promotion list established under

21 section 14308(a) of this title shall (if not promoted sooner

22 or removed from that list by the President or by reason of

23 declination) be promoted, without regard to the existence

24 of a vacancy, on the date on which the officer completes

25 the maximum years of service in grade specified in sub-
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1 section (a). The preceding sentence is subject to the limita2 tions of section 12011 of this title.

3 ‘‘(c) WAIVER AUTHORITY FOR NAVY AND MARINE

4 CORPS RUNNING MATE SYSTEM.—If the Secretary of the

5 Navy establishes promotion zones for officers on the reserve

6 active-status list of the Navy or the Marine Corps Reserve

7 in accordance with a running mate system under section

8 14306 of this title, the Secretary may waive the require9 ments of subsection (a) to the extent the Secretary considers

10 necessary in any case in which the years of service for pro11 motion, or for consideration for promotion, within those

12 zones will exceed the maximum years of service in grade

13 specified in subsection (a).

14 ‘‘§ 14305. Establishment of promotion zones: manda15 tory consideration for promotion

16 ‘‘(a) ESTABLISHMENT OF ZONE.—Before convening a

17 mandatory promotion board under section 14101(a) of this

18 title, the Secretary of the military department concerned

19 shall establish a promotion zone for officers serving in each

20 grade and competitive category to be considered by the

21 board.

22 ‘‘(b) NUMBER IN THE ZONE.—The Secretary concerned

23 shall determine the number of officers in the promotion zone

24 for officers serving in any grade and competitive category

25 from among officers who are eligible for promotion in that
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1 grade and competitive category under the provisions of sec2 tions 14303 and 14304 of this title and who are otherwise

3 eligible for promotion.

4 ‘‘(c) FACTORS IN DETERMINING NUMBER IN THE

5 ZONE.—The Secretary’s determination under subsection (b)

6 shall be made on the basis of an estimate of the following:

7 ‘‘(1) The number of officers needed in that com8 petitive category in the next higher grade in each of

9 the next five years.

10 ‘‘(2) In the case of a promotion zone for officers

11 to be promoted to a grade to which the maximum

12 years of in grade criteria established in section 14304

13 of this title apply, the number of officers in that com14 petitive category who are required to be considered for

15 selection for promotion to the next higher grade under

16 that section.

17 ‘‘(3) The number of officers that should be placed

18 in the promotion zone in each of the next five years

19 to provide to officers in those years relatively similar

20 opportunities for promotion.

21 ‘‘§ 14306. Establishment of promotion zones: Naval Re22 serve and Marine Corps Reserve running

23 mate system

24 ‘‘(a) AUTHORITY OF SECRETARY OF THE NAVY.—The

25 Secretary of the Navy may by regulation implement section
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1 14305 of this title by requiring that the promotion zone for

2 consideration of officers on the reserve active-status list of

3 the Navy or the Marine Corps for promotion to the next

4 higher grade be determined in accordance with a running

5 mate system as provided in subsection (b).

6 ‘‘(b) ASSIGNMENT OF RUNNING MATES.—An officer to

7 whom a running mate system applies shall be assigned as

8 a running mate an officer of the same grade on the active9 duty list of the same armed force. The officer on the reserve

10 active-status list is in the promotion zone and is eligible

11 for consideration for promotion to the next higher grade by

12 a selection board convened under section 14101(a) of this

13 title when that officer’s running mate is in or above the

14 promotion zone established for that officer’s grade under

15 chapter 36 of this title.

16 ‘‘(c) CONSIDERATION OF OFFICERS BELOW THE ZONE

17 UNDER A RUNNING MATE SYSTEM.—If the Secretary of the

18 Navy authorizes the selection of officers for promotion from

19 below the promotion zone in accordance with section 14307

20 of this title, the number of officers to be considered from

21 below the zone may be established through the application

22 of the running mate system or otherwise as the Secretary

23 determines to be appropriate to meet the needs of the Navy

24 or Marine Corps.
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1 ‘‘§ 14307. Number of officers to be recommended for

2 promotion

3 ‘‘(a) DETERMINATION OF MAXIMUM NUMBER.—Before

4 convening a promotion board under section 14101(a) of this

5 title for a grade and competitive category (other than a va6 cancy promotion board), the Secretary of the military de7 partment concerned, under regulations prescribed by the

8 Secretary of Defense, shall determine the maximum number

9 of officers in that grade and competitive category that the

10 board may recommend for promotion. The Secretary shall

11 make the determination under the preceding sentence of the

12 maximum number that may be recommended with a view

13 to having on the reserve active-status list a sufficient num14 ber of officers in each grade and competitive category to

15 meet the needs of the armed force concerned for officers on

16 that list. In order to make that determination, the Secretary

17 shall determine (1) the number of positions needed to ac18 complish mission objectives which require officers of such

19 competitive category in the grade to which the board will

20 recommend officers for promotion, (2) the estimated number

21 of officers needed to fill vacancies in such positions during

22 the period in which it is anticipated that officers selected

23 for promotion will be promoted, (3) the number of officers

24 authorized by the Secretary of the military department con25 cerned to serve on the reserve active-status list in the grade

26 and competitive category under consideration, and (4) any
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1 statutory limitation on the number of officers in any grade

2 or category (or combination thereof) authorized to be on the

3 reserve active-status list.

4 ‘‘(b) BELOW-THE-ZONE SELECTIONS.—(1) The Sec5 retary of the military department concerned may, when the

6 needs of the armed force concerned require, authorize the

7 consideration of officers in the grade of captain, major, or

8 lieutenant colonel on the reserve active-status list of the

9 Army or Air Force, in a grade above first lieutenant on

10 the reserve active-status list of the Marine Corps, or in a

11 grade above lieutenant (junior grade) on the reserve active12 status list of the Navy, for promotion to the next higher

13 grade from below the promotion zone.

14 ‘‘(2) When selection from below the promotion zone is

15 authorized, the Secretary shall establish the number of offi16 cers that may be recommended for promotion from below

17 the promotion zone in each competitive category to be con18 sidered. That number may not exceed the number equal to

19 10 percent of the maximum number of officers that the

20 board is authorized to recommend for promotion in such

21 competitive category, except that the Secretary of Defense

22 may authorize a greater number, not to exceed 15 percent

23 of the total number of officers that the board is authorized

24 to recommend for promotion, if the Secretary of Defense de25 termines that the needs of the armed force concerned so re-
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1 quire. If the maximum number determined under this para2 graph is less than one, the board may recommend one officer

3 for promotion from below the promotion zone.

4 ‘‘(3) The number of officers recommended for pro5 motion from below the promotion zone does not increase the

6 maximum number of officers that the board is authorized

7 to recommend for promotion under subsection (a).

8 ‘‘§ 14308. Promotions: how made

9 ‘‘(a) PROMOTION LIST.—When the report of a selection

10 board convened under section 14101(a) or 14502 of this title

11 is approved by the President, the Secretary of the military

12 department concerned shall place the names of all officers

13 selected for promotion within a competitive category on a

14 single list for that competitive category, to be known as a

15 promotion list, in the order of seniority of those officers on

16 the reserve active-status list.

17 ‘‘(b) PROMOTION; HOW MADE; ORDER.—(1) Officers

18 on a promotion list for a competitive category shall be pro19 moted in the manner specified in section 12203 of this title.

20 ‘‘(2) Officers on a promotion list for a competitive cat21 egory shall be promoted to the next higher grade in accord22 ance with regulations prescribed by the Secretary of the

23 military department concerned. Except as provided in sec24 tion 14311, 14312, or 14502(e) of this title or in subsection

25 (d) or (e), promotions shall be made in the order in which
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1 the names of officers appear on the promotion list and after

2 officers previously selected for promotion in that competi3 tive category have been promoted.

4 ‘‘(3) Officers to be promoted to the grade of first lieu5 tenant or lieutenant (junior grade) shall be promoted in

6 accordance with regulations prescribed by the Secretary of

7 the military department concerned.

8 ‘‘(c) DATE OF RANK.—(1) The date of rank of an offi9 cer appointed to a higher grade under this section is deter10 mined under section 741(d)(2) of this title.

11 ‘‘(2) Except as specifically authorized by law, a reserve

12 officer is not entitled to additional pay or allowances if the

13 effective date of the officer’s promotion is adjusted to reflect

14 a date earlier than the actual date of the officer’s promotion.

15 ‘‘(d) OFFICERS WITH RUNNING MATES.—An officer to

16 whom a running mate system applies under section 14306

17 of this title and who is selected for promotion is eligible

18 for promotion to the grade for which selected when the offi19 cer who is that officer’s running mate becomes eligible for

20 promotion under chapter 36 of this title. The effective date

21 of the promotion of that officer shall be the same as that

22 of the officer’s running mate in the grade to which the run23 ning mate is promoted.

24 ‘‘(e) ARMY RESERVE AND AIR FORCE RESERVE PRO25 MOTIONS TO FILL VACANCIES.—Subject to this section and
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1 to section 14311(e) of this title, and under regulations pre2 scribed by the Secretary of the military department con3 cerned—

4 ‘‘(1) an officer in the Army Reserve or the Air

5 Force Reserve who is on a promotion list as a result

6 of selection for promotion by a mandatory promotion

7 board convened under section 14101(a) of this title or

8 a board convened under section 14502 or chapter 36

9 of this title may be promoted at any time to fill a va10 cancy in a position to which the officer is assigned;

11 and

12 ‘‘(2) an officer in the Army Reserve or the Air

13 Force Reserve who is on a promotion list as a result

14 of selection for promotion by a vacancy promotion

15 board convened under section 14101(a) of this title

16 may be promoted at any time to fill the vacancy for

17 which the officer was selected.

18 ‘‘(f) EFFECTIVE DATE OF PROMOTION AFTER FED19 ERAL RECOGNITION.—The effective date of a promotion of

20 a reserve commissioned officer of the Army or the Air Force

21 who is extended Federal recognition in the next higher grade

22 in the Army National Guard or the Air National Guard

23 under section 307 or 310 of title 32 shall be the date on

24 which such Federal recognition in that grade is so extended.
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1 ‘‘(g) ARMY AND AIR FORCE GENERAL OFFICER PRO2 MOTIONS.—A reserve officer of the Army who is on a pro3 motion list for promotion to the grade of brigadier general

4 or major general as a result of selection by a vacancy pro5 motion board may be promoted to that grade only to fill

6 a vacancy in that grade in a unit of the Army Reserve

7 that is organized to serve as a unit and that has attained

8 the strength prescribed by the Secretary of the Army. A re9 serve officer of the Air Force who is on a promotion list

10 for promotion to the grade of brigadier general or major

11 general as a result of selection by a vacancy promotion

12 board may be promoted to that grade only to fill a vacancy

13 in the Air Force Reserve in that grade.

14 ‘‘§ 14309. Acceptance of promotion; oath of office

15 ‘‘(a) ACCEPTANCE.—An officer who is appointed to a

16 higher grade under this chapter shall be considered to have

17 accepted the appointment on the date on which the appoint18 ment is made unless the officer expressly declines the ap19 pointment or is granted a delay of promotion under section

20 14312 of this title.

21 ‘‘(b) OATH.—An officer who has served continuously

22 since taking the oath of office prescribed in section 3331

23 of title 5 is not required to take a new oath upon appoint24 ment to a higher grade under this chapter.
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1 ‘‘§ 14310. Removal of officers from a list of officers rec2 ommended for promotion

3 ‘‘(a) REMOVAL BY PRESIDENT.—The President may

4 remove the name of any officer from a promotion list at

5 any time before the date on which the officer is promoted.

6 ‘‘(b) REMOVAL FOR WITHHOLDING OF SENATE ADVICE

7 AND CONSENT.—If the Senate does not give its advice and

8 consent to the appointment to the next higher grade of an

9 officer whose name is on a list of officers approved by the

10 President for promotion (except in the case of promotions

11 to a reserve grade to which appointments may be made by

12 the President alone), the name of that officer shall be re13 moved from the list.

14 ‘‘(c) CONTINUED ELIGIBILITY FOR PROMOTION.—An

15 officer whose name is removed from a list under subsection

16 (a) or (b) continues to be eligible for consideration for pro17 motion. If that officer is recommended for promotion by the

18 next selection board convened for that officer’s grade and

19 competitive category and the officer is promoted, the Sec20 retary of the military department concerned may, upon the

21 promotion, grant the officer the same date of rank, the same

22 effective date for the pay and allowances of the grade to

23 which promoted, and the same position on the reserve ac24 tive-status list, as the officer would have had if the officer’s

25 name had not been removed from the list.
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1 ‘‘§ 14311. Delay of promotion: involuntary

2 ‘‘(a) DELAY DURING INVESTIGATIONS AND PROCEED3 INGS.—(1) Under regulations prescribed by the Secretary

4 of the military department concerned, the appointment of

5 an officer to a higher grade may be delayed if any of the

6 following applies before the date on which the appointment

7 would otherwise be made:

8 ‘‘(A) Sworn charges against the officer have been

9 received by an officer exercising general court-martial

10 jurisdiction over the officer and the charges have not

11 been disposed of.

12 ‘‘(B) An investigation is being conducted to de13 termine whether disciplinary action of any kind

14 should be brought against the officer.

15 ‘‘(C) A board of officers has been convened under

16 section 14903 of this title to review the record of the

17 officer.

18 ‘‘(D) A criminal proceeding in a Federal or

19 State court of competent jurisdiction is pending

20 against the officer.

21 ‘‘(2) If disciplinary action is not taken against the of22 ficer, if the charges against the officer are withdrawn or

23 dismissed, if the officer is not separated by the Secretary

24 of the military department concerned as the result of having

25 been required to show cause for retention, or if the officer

26 is acquitted of the charges, as the case may be, then (unless
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1 action to delay the officer’s appointment to the higher grade

2 has been taken under subsection (b)) the officer shall be re3 tained on the promotion list, list of officers found qualified

4 for Federal recognition, or list of officers nominated by the

5 President to the Senate for appointment in a higher reserve

6 grade and shall, upon promotion to the next higher grade,

7 have the same date of rank, the same effective date for the

8 pay and allowances of the grade to which promoted, and

9 the same position on the reserve active-status list as the offi10 cer would have had if no delay had intervened, unless the

11 Secretary concerned determines that the officer was un12 qualified for promotion for any part of the delay. If the

13 Secretary makes such a determination, the Secretary may

14 adjust such date of rank, effective date of pay and allow15 ances, and position on the reserve active-status list as the

16 Secretary considers appropriate under the circumstances.

17 ‘‘(b) DELAY FOR LACK OF QUALIFICATIONS.—Under

18 regulations prescribed by the Secretary of the military de19 partment concerned, the appointment of an officer to a

20 higher grade may also be delayed if there is cause to believe

21 that the officer is mentally, physically, morally, or profes22 sionally unqualified to perform the duties of the grade to

23 which selected. If the Secretary concerned later determines

24 that the officer is qualified for promotion to the higher

25 grade, the officer shall be retained on the promotion list,
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1 the list of officers found qualified for Federal recognition,

2 or list of officers nominated by the President to the Senate

3 for appointment in a higher reserve grade, and shall, upon

4 promotion to that grade, have the same date of rank, the

5 same effective date for pay and allowances of that grade,

6 and the same position on the reserve active-status list as

7 the officer would have had if no delay had intervened, unless

8 the Secretary concerned determines that the officer was un9 qualified for promotion for any part of the delay. If the

10 Secretary makes such a determination, the Secretary may

11 adjust such date of rank, effective date of pay and allow12 ances, and position on the reserve active-status list as the

13 Secretary considers appropriate under the circumstances.

14 ‘‘(c) NOTICE TO OFFICER.—(1) The appointment of an

15 officer to a higher grade may not be delayed under sub16 section (a) or (b) unless the officer is given written notice

17 of the grounds for the delay. The preceding sentence does

18 not apply if it is impracticable to give the officer written

19 notice before the date on which the appointment to the high20 er grade would otherwise take effect, but in such a case the

21 written notice shall be given as soon as practicable.

22 ‘‘(2) An officer whose promotion is delayed under sub23 section (a) or (b) shall be given an opportunity to make

24 a written statement to the Secretary of the military depart-
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1 ment concerned in response to the action taken. The Sec2 retary shall give consideration to any such statement.

3 ‘‘(d) MAXIMUM LENGTH OF DELAY IN PROMOTION.—

4 The appointment of an officer to a higher grade may not

5 be delayed under subsection (a) or (b) for more than six

6 months after the date on which the officer would otherwise

7 have been promoted unless the Secretary concerned specifies

8 a further period of delay. An officer’s appointment may not

9 be delayed more than 90 days after final action has been

10 taken in any criminal case against the officer in a Federal

11 or State court of competent jurisdiction or more than 90

12 days after final action has been taken in any court-martial

13 case against the officer. Except for court action, a pro14 motion may not be delayed more than 18 months after the

15 date on which the officer would otherwise have been pro16 moted.

17 ‘‘(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER

18 STRENGTH IN GRADE OR DUTIES TO WHICH ASSIGNED.—

19 (1) Under regulations prescribed by the Secretary of De20 fense, the promotion of a reserve officer on the reserve active21 status list who is serving on active duty, or who is on full22 time National Guard duty for administration of the re23 serves or the National Guard, to a grade to which the

24 strength limitations of section 12011 of this title apply shall

25 be delayed if necessary to ensure compliance with those
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1 strength limitations. The delay shall expire when the Sec2 retary determines that the delay is no longer required to

3 ensure such compliance.

4 ‘‘(2) The promotion of an officer described in para5 graph (1) shall also be delayed while the officer is on duty

6 described in that paragraph unless the Secretary of the

7 military department concerned, under regulations pre8 scribed by the Secretary of Defense, determines that the duty

9 assignment of the officer requires a higher grade than the

10 grade currently held by the officer.

11 ‘‘(3) The date of rank and position on the reserve ac12 tive-status list of a reserve officer whose promotion to or

13 Federal recognition in the next higher grade was delayed

14 under paragraph (1) or (2) solely as the result of the limita15 tions imposed under the regulations prescribed by the Sec16 retary of Defense or contained in section 12011 of this title

17 shall be the date on which the officer would have been pro18 moted to or recognized in the higher grade had such limita19 tions not existed.

20 ‘‘(4) If an officer whose promotion is delayed under

21 paragraph (1) or (2) completes the period of active duty

22 or full-time National Guard duty that the officer is required

23 by law or regulation to perform as a member of a reserve

24 component, the officer may request release from active duty

25 or full-time National Guard duty. If the request is granted,
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1 the officer’s promotion shall be effective upon the officer’s

2 release from such duty. The date of rank and position on

3 the reserve active-status list of the officer shall be the date

4 the officer would have been promoted to or recognized in

5 the higher grade had the limitations imposed under regula6 tions prescribed by the Secretary of Defense contained in

7 section 12011 of this title not existed. If an officer whose

8 promotion is delayed under paragraph (1) or (2) has not

9 completed the period of active duty or full-time National

10 Guard duty that the officer is required by law or regulation

11 to perform as a member of a reserve component, the officer

12 may be retained on active duty or on full-time National

13 Guard duty in the grade in which the officer was serving

14 before the officer’s being found qualified for Federal recogni15 tion or the officer’s selection for the promotion until the offi16 cer completes that required period of duty.

17 ‘‘§ 14312. Delay of promotion: voluntary

18 ‘‘(a) AUTHORITY FOR VOLUNTARY DELAYS.—(1) The

19 Secretary of the military department concerned may, by

20 regulation, permit delays of a promotion of an officer who

21 is recommended for promotion by a mandatory selection

22 board convened under section 14101(a) or a special selection

23 board convened under section 14502 of this title at the re24 quest of the officer concerned. Such delays, in the case of

25 any promotion, may extend for any period not to exceed
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1 three years from the date on which the officer would other2 wise be promoted.

3 ‘‘(2) Regulations under this section shall provide

4 that—

5 ‘‘(A) a request for such a delay of promotion

6 must be submitted by the officer concerned before the

7 delay may be approved; and

8 ‘‘(B) denial of such a request shall not be consid9 ered to be a failure of selection for promotion unless

10 the officer declines to accept a promotion under cir11 cumstances set forth in subsection (c).

12 ‘‘(b) EFFECT OF APPROVAL OF REQUEST.—If a request

13 for delay of a promotion under subsection (a) is approved,

14 the officer’s name shall remain on the promotion list during

15 the authorized period of delay (unless removed under any

16 other provision of law). Upon the end of the period of the

17 authorized delay, or at any time during such period, the

18 officer may accept the promotion, which shall be effective

19 on the date of acceptance. Such an acceptance of a pro20 motion shall be made in accordance with regulations pre21 scribed under this section.

22 ‘‘(c) EFFECT OF DECLINING A PROMOTION.—An offi23 cer’s name shall be removed from the promotion list and,

24 if the officer is serving in a grade below colonel or, in the

25 case of the Navy, captain, the officer shall be considered to
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1 have failed of selection for promotion if any of the following

2 applies:

3 ‘‘(1) The Secretary concerned has not authorized

4 voluntary delays of promotion under subsection (a) to

5 the grade concerned and the officer declines to accept

6 an appointment to a higher grade.

7 ‘‘(2) The Secretary concerned has authorized vol8 untary delays of promotion under subsection (a), but

9 has denied the request of the officer for a delay of pro10 motion and the officer then declines to accept an ap11 pointment to a higher grade.

12 ‘‘(3) The Secretary concerned has approved the

13 request of an officer for a delay of promotion and,

14 upon the end of the period of delay authorized in ac15 cordance with regulations prescribed under subsection

16 (a), the officer then declines to accept an appointment

17 to a higher grade.

18 ‘‘§ 14313. Authority to vacate promotions to grade of

19 brigadier general or rear admiral (lower

20 half)

21 ‘‘(a) AUTHORITY.—The President may vacate the ap22 pointment of a reserve officer to the grade of brigadier

23 general or rear admiral (lower half) if the period of time

24 during which the officer has served in that grade after pro25 motion to that grade is less than 18 months.
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1 ‘‘(b) EFFECT OF PROMOTION BEING VACATED.—Ex2 cept as provided in subsection (c), an officer whose pro3 motion to the grade of brigadier general is vacated under

4 this section holds the grade of colonel as a reserve of the

5 armed force of which the officer is a member. An officer

6 whose promotion to the grade of rear admiral (lower half)

7 is vacated under this section holds the grade of captain in

8 the Naval Reserve. Upon assuming the lower grade, the offi9 cer shall have the same position on the reserve active-status

10 list as the officer would have had if the officer had not

11 served in the higher grade.

12 ‘‘(c) SPECIAL RULE FOR OFFICERS SERVING AS ADJU13 TANT GENERAL.—In the case of an officer serving as an

14 adjutant general or assistant adjutant general whose pro15 motion to the grade of brigadier general is vacated under

16 this section, the officer then holds the reserve grade held by

17 that officer immediately before the officer’s appointment as

18 adjutant general or assistant adjutant general.

19 ‘‘§ 14314. Army and Air Force commissioned officers:

20 generals ceasing to occupy positions com21 mensurate with grade; State adjutants

22 general

23 ‘‘(a) GENERAL OFFICERS.—Within 30 days after a re24 serve officer of the Army or the Air Force on the reserve

25 active-status list in a general officer grade ceases to occupy
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1 a position commensurate with that grade (or commensurate

2 with a higher grade), the Secretary concerned shall transfer

3 or discharge the officer in accordance with whichever of the

4 following the officer elects:

5 ‘‘(1) Transfer the officer in grade to the Retired

6 Reserve, if the officer is qualified and applies for the

7 transfer.

8 ‘‘(2) Transfer the officer in grade to the inactive

9 status list of the Standby Reserve, if the officer is

10 qualified.

11 ‘‘(3) Discharge the officer from the officer’s re12 serve appointment and, if the officer is qualified and

13 applies therefor, appoint the officer in the reserve

14 grade held by the officer as a reserve officer before the

15 officer’s appointment in a general officer grade.

16 ‘‘(4) Discharge the officer from the officer’s

17 reserve appointment.

18 ‘‘(b) ADJUTANTS GENERAL.—If a reserve officer who

19 is federally recognized in the Army National Guard or the

20 Air National Guard solely because of the officer’s appoint21 ment as adjutant general or assistant adjutant general of

22 a State ceases to occupy that position, the Secretary con23 cerned, not later than 30 days after the date on which the

24 officer ceases to occupy that position, shall—
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1 ‘‘(1) withdraw that officer’s Federal recognition;

2 and

3 ‘‘(2) require that the officer—

4 ‘‘(A) be transferred in grade to the Retired

5 Reserve, if the officer is qualified and applies for

6 the transfer;

7 ‘‘(B) be discharged from the officer’s reserve

8 appointment and appointed in the reserve grade

9 held by the officer as a reserve officer of the Air

10 Force immediately before the appointment of

11 that officer as adjutant general or assistant adju12 tant general, if the officer is qualified and ap13 plies for that appointment; or

14 ‘‘(C) be discharged from the officer’s reserve

15 appointment.

16 ‘‘(c) CREDIT FOR SERVICE IN GRADE.—An officer who

17 is appointed under subsection (a)(3) or (b)(2)(B) shall be

18 credited with an amount of service in the grade in which

19 appointed that is equal to the amount of prior service in

20 an active status in that grade and in any higher grade.

21 ‘‘§ 14315. Position vacancy promotions: Army and Air

22 Force officers

23 ‘‘(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR

24 VACANCY PROMOTIONS BELOW BRIGADIER GENERAL.—
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1 A reserve officer of the Army who is in the Army Reserve,

2 or a Reserve officer of the Air Force who is in the Air Force

3 Reserve, who is on the reserve active-status list in the grade

4 of first lieutenant, captain, major, or lieutenant colonel is

5 eligible for consideration for promotion to the next higher

6 grade under this section if each of the following applies:

7 ‘‘(1) The officer is occupying or, as determined

8 by the Secretary concerned, is available to occupy a

9 position in the same competitive category as the offi10 cer and for which a grade higher than the one held

11 by that officer is authorized.

12 ‘‘(2) The officer is fully qualified to meet all re13 quirements for the position as established by the Sec14 retary of the military department concerned.

15 ‘‘(3) The officer has held the officer’s present

16 grade for the minimum period of service prescribed in

17 section 14303 of this title for eligibility for consider18 ation for promotion to the higher grade.

19 ‘‘(b) CONSIDERATION FOR VACANCY PROMOTION TO

20 BRIGADIER GENERAL OR MAJOR GENERAL.—(1) A reserve

21 officer of the Army who is in the Army Reserve and on

22 the reserve active-status list in the grade of colonel or briga23 dier general may be considered for promotion to the next

24 higher grade under this section if the officer (A) is assigned

25 to the duties of a general officer of the next higher reserve
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1 grade in a unit of the Army Reserve organized to serve as

2 a unit, (B) has held the officer’s present grade for the mini3 mum period of service prescribed in section 14303 of this

4 title for eligibility for consideration for promotion to the

5 higher grade, and (C) meets the standards for consideration

6 prescribed by the Secretary of the Army.

7 ‘‘(2) A reserve officer of the Air Force who is in the

8 Air Force Reserve and on the reserve active-status list in

9 the grade of colonel or brigadier general may be considered

10 for promotion to the next higher grade under this section

11 if the officer (A) is assigned to the duties of a general officer

12 of the next higher reserve grade, and (B) meets the stand13 ards for consideration prescribed by the Secretary of the Air

14 Force.

15 ‘‘(c) VACANCY PROMOTION BOARDS.—Consideration

16 for promotion under this section shall be by a vacancy pro17 motion board convened under section 14101(a) of this title.

18 ‘‘(d) EFFECT OF NONSELECTION.—An officer who is

19 considered for promotion under this section and is not se20 lected shall not be considered to have failed of selection for

21 promotion.

22 ‘‘(e) SPECIAL RULE FOR OFFICERS FAILED OF SELEC23 TION.—A reserve officer of the Army or the Air Force who

24 is considered as failed of selection for promotion under sec25 tion 14501 of this title to a grade may be considered for
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1 promotion under this section or, if selected, promoted to

2 that grade only if the Secretary of the military department

3 concerned finds that the officer is the only qualified officer

4 available to fill the vacancy. The Secretary concerned may

5 not delegate the authority under the preceding sentence.

6 ‘‘§ 14316. Army National Guard and Air National

7 Guard: appointment to and Federal rec8 ognition in a higher reserve grade after

9 selection for promotion

10 ‘‘(a) OPPORTUNITY FOR PROMOTION TO FILL A VA11 CANCY IN THE GUARD.—If an officer of the Army National

12 Guard of the United States or the Air National Guard of

13 the United States is recommended by a mandatory selection

14 board convened under section 14101(a) or a special selection

15 board convened under section 14502 of this title for pro16 motion to the next higher grade, an opportunity shall be

17 given to the appropriate authority of the State to promote

18 that officer to fill a vacancy in the Army National Guard

19 or the Air National Guard of that jurisdiction.

20 ‘‘(b) AUTOMATIC FEDERAL RECOGNITION.—An officer

21 of the Army National Guard of the United States or the

22 Air National Guard of the United States who is on a pro23 motion list for promotion to the next higher grade as a re24 sult of selection for promotion as described in subsection

25 (a) and who before the date of promotion is appointed in
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1 that higher grade to fill a vacancy in the Army National

2 Guard or Air National Guard shall—

3 ‘‘(1) be extended Federal recognition in that

4 grade, without the examination prescribed in section

5 307 of title 32; and

6 ‘‘(2) subject to section 14311(e) of this title, be

7 promoted to that reserve grade effective on the date of

8 the officer’s appointment in that grade in the Army

9 National Guard or Air National Guard.

10 ‘‘(c) NATIONAL GUARD OFFICERS FAILED OF SELEC11 TION.—An officer who is considered as failed of selection

12 for promotion under section 14501 of this title to a grade

13 may be extended Federal recognition in that grade only if

14 the Secretary of the military department concerned finds

15 that the officer is the only qualified officer available to fill

16 a vacancy. The Secretary concerned may not delegate the

17 authority under the preceding sentence.

18 ‘‘(d) TRANSFER TO ARMY RESERVE OR AIR FORCE

19 RESERVE.—If, on the date on which an officer of the Army

20 National Guard of the United States or of the Air National

21 Guard of the United States who is on a promotion list as

22 described in subsection (a) is to be promoted, the officer has

23 not been promoted to fill a vacancy in the higher grade in

24 the Army National Guard or the Air National Guard, the

25 officer’s Federal recognition in the officer’s reserve grade
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1 shall be withdrawn and the officer shall be promoted and

2 transferred to the Army Reserve or the Air Force Reserve

3 as appropriate.

4 ‘‘§ 14317. Officers in transition to and from the active5 status list or active-duty list

6 ‘‘(a) EFFECT OF TRANSFER TO INACTIVE STATUS OR

7 RETIRED STATUS.—If a reserve officer on the reserve ac8 tive-status list is transferred to an inactive status or to a

9 retired status after having been recommended for promotion

10 to a higher grade under this chapter or chapter 36 of this

11 title, or after having been found qualified for Federal rec12 ognition in the higher grade under title 32, but before being

13 promoted, the officer—

14 ‘‘(1) shall be treated as if the officer had not been

15 considered and recommended for promotion by the se16 lection board or examined and been found qualified

17 for Federal recognition; and

18 ‘‘(2) may not be placed on a promotion list or

19 promoted to the higher grade after returning to an ac20 tive status,

21 unless the officer is again recommended for promotion by

22 a selection board convened under chapter 36 of this title

23 or section 14101(a) or 14502 of this title or examined for

24 Federal recognition under title 32.
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1 ‘‘(b) EFFECT OF PLACEMENT ON ACTIVE-DUTY

2 LIST.—A reserve officer who is on a promotion list as a

3 result of selection for promotion by a mandatory promotion

4 board convened under section 14101(a) or a special selection

5 board convened under section 14502 of this title and who

6 before being promoted is placed on the active-duty list of

7 the same armed force and placed in the same competitive

8 category shall, under regulations prescribed by the Sec9 retary of Defense, be placed on an appropriate promotion

10 list for officers on the active-duty list established under

11 chapter 36 of this title.

12 ‘‘(c) OFFICERS ON A PROMOTION LIST REMOVED

13 FROM ACTIVE-DUTY LIST.—An officer who is on the active14 duty list and is on a promotion list as the result of selection

15 for promotion by a selection board convened under chapter

16 36 of this title and who before being promoted is removed

17 from the active-duty list and placed on the reserve active18 status list of the same armed force and in the same competi19 tive category (including a regular officer who on removal

20 from the active-duty list is appointed as a reserve officer

21 and placed on the reserve active-status list) shall, under reg22 ulations prescribed by the Secretary of Defense, be placed

23 on an appropriate promotion list established under this

24 chapter.
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1 ‘‘(d) OFFICERS SELECTED FOR POSITION VACAN2 CIES.—If a reserve officer is ordered to active duty (other

3 than active duty for training) or full-time National Guard

4 duty (other than full-time National Guard duty for train5 ing only) after being recommended for promotion under sec6 tion 14314 of this title to fill a position vacancy or exam7 ined for Federal recognition under title 32, and before being

8 promoted to fill that vacancy, the officer shall not be pro9 moted while serving such active duty or full-time National

10 Guard duty unless the officer is ordered to active duty as

11 a member of the unit in which the vacancy exists when that

12 unit is ordered to active duty. If, under this subsection, the

13 name of an officer is removed from a list of officers rec14 ommended for promotion, the officer shall be treated as if

15 the officer had not been considered for promotion or exam16 ined for Federal recognition.

17 ‘‘(e) Under regulations prescribed by the Secretary of

18 the military department concerned, a reserve officer who is

19 not on the active-duty list and who is ordered to active duty

20 in time of war or national emergency may, if eligible, be

21 considered for promotion by a mandatory promotion board

22 convened under section 14101(a) or a special selection board

23 convened under section 14502 of this title for not more than

24 two years from the date the officer is ordered to active duty
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1 unless the President suspends the operation of this section

2 under the provisions of section 10213 or 644 of this title.

3 ‘‘CHAPTER 1407—FAILURE OF SELECTION FOR

4 PROMOTION AND INVOLUNTARY SEPARATION

‘‘Sec.

‘‘14501. Failure of selection for promotion.

‘‘14502. Special selection boards: correction of errors.

‘‘14503. Discharge of officers with less than five years of commissioned service or

found not qualified for promotion to first lieutenant or lieutenant (junior grade).

‘‘14504. Effect of failure of selection for promotion: reserve first lieutenants of the

Army, Air Force, and Marine Corps and reserve lieutenants

(junior grade) of the Navy.

‘‘14505. Effect of failure of selection for promotion: reserve captains of the Army,

Air Force, and Marine Corps and reserve lieutenants of the

Navy.

‘‘14506. Effect of failure of selection for promotion: reserve majors of the Army,

Air Force, and Marine Corps and lieutenant commanders of the

Navy.

‘‘14507. Removal from the active-status list for years of service: reserve lieutenant

colonels and colonels of the Army, Air Force, and Marine Corps

and reserve commanders and captains of the Navy.

‘‘14508. Removal from the reserve active-status list for years of service: reserve

general and flag officers.

‘‘14509. Separation at age 60: reserve officers below brigadier general or rear admiral (lower half).

‘‘14510. Separation at age 60: reserve brigadier generals and rear admirals (lower

half).

‘‘14511. Separation at age 62: major generals and rear admirals.

‘‘14512. Separation at age 64: officers holding certain offices.

‘‘14513. Separation for failure of selection of promotion.

‘‘14514. Discharge or retirement for years of service or after selection for early

removal.

‘‘14515. Discharge or retirement for age.

‘‘14516. Separation to be considered involuntary.

‘‘14517. Entitlement of officers discharged under this chapter to separation pay.

5 ‘‘§ 14501. Failure of selection for promotion

6 ‘‘(a) An officer on the reserve active-status list in a

7 grade below the grade of colonel or, in the case of an officer

8 in the Naval Reserve, captain who is in or above the pro9 motion zone established for that officer’s grade and competi10 tive category and who (1) is considered but not rec-
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1 ommended for promotion (other than by a vacancy pro2 motion board), or (2) declines to accept a promotion for

3 which selected (other than by a vacancy promotion board),

4 shall be considered to have failed of selection for promotion.

5 ‘‘(b) OFFICERS TWICE FAILED OF SELECTION.—An of6 ficer shall be considered for all purposes to have twice failed

7 of selection for promotion if any of the following applies:

8 ‘‘(1) The officer is considered but not rec9 ommended for promotion a second time by a manda10 tory promotion board convened under section

11 14101(a) or a special selection board convened under

12 section 14502(a) of this title.

13 ‘‘(2) The officer declines to accept a promotion

14 for which recommended by a mandatory promotion

15 board convened under section 14101(a) or a special

16 selection board convened under section 14502(a) or

17 14502(b) of this title after previously failing of selec18 tion or after the officer’s name was removed from the

19 report of a selection board under section 14111(b) or

20 from a promotion list under section 14310 of this title

21 after recommendation for promotion by an earlier se22 lection board described in subsection (a).

23 ‘‘(3) The officer’s name has been removed from

24 the report of a selection board under section 14111(b)

25 or from a promotion list under section 14310 of this
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1 title after recommendation by a mandatory pro2 motion board convened under section 14101(a) or by

3 a special selection board convened under section

4 14502(a) or 14502(b) of this title and—

5 ‘‘(A) the officer is not recommended for pro6 motion by the next mandatory promotion board

7 convened under section 14101(a) or special selec8 tion board convened under section 14502(a) of

9 this title for that officer’s grade and competitive

10 category; or

11 ‘‘(B) the officer’s name is again removed

12 from the report of a selection board under section

13 14111(b) or from a promotion list under section

14 14310 of this title.

15 ‘‘§ 14502. Special selection boards: correction of errors

16 ‘‘(a) OFFICERS NOT CONSIDERED BECAUSE OF AD17 MINISTRATIVE ERROR.—(1) In the case of an officer or

18 former officer who the Secretary of the military department

19 concerned determines was not considered for selection for

20 promotion from in or above the promotion zone by a man21 datory promotion board convened under section 14101(a)

22 of this title because of administrative error, the Secretary

23 concerned shall convene a special selection board under this

24 subsection to determine whether such officer or former offi25 cer should be recommended for promotion. Any such board
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1 shall be convened under regulations prescribed by the Sec2 retary of Defense and shall be appointed and composed in

3 accordance with section 14102 of this title and shall include

4 the representation of competitive categories required by that

5 section. The members of a board convened under this sub6 section shall be required to take an oath in the same manner

7 as prescribed in section 14103 of this title.

8 ‘‘(2) A special selection board convened under this sub9 section shall consider the record of the officer or former offi10 cer as that record would have appeared to the promotion

11 board that should have considered the officer or former offi12 cer. That record shall be compared with a sampling of the

13 records of those officers of the same grade and competitive

14 category who were recommended for promotion and those

15 officers of the same grade and competitive category who

16 were not recommended for promotion by that board.

17 ‘‘(3) If a special selection board convened under para18 graph (1) does not recommend for promotion an officer or

19 former officer in a grade below the grade of colonel or, in

20 the case of an officer or former officer of the Navy, captain,

21 whose name was referred to it for consideration, the officer

22 or former officer shall be considered to have failed of selec23 tion for promotion.

24 ‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED; MA25 TERIAL ERROR.—(1) In the case of an officer or former offi-
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1 cer who was eligible for promotion and was considered for

2 selection for promotion from in or above the promotion zone

3 under this chapter by a selection board but was not selected,

4 the Secretary of the military department concerned may,

5 under regulations prescribed by the Secretary of Defense,

6 convene a special selection board under this subsection to

7 determine whether the officer or former officer should be rec8 ommended for promotion, if the Secretary determines

9 that—

10 ‘‘(A) the action of the selection board that consid11 ered the officer or former officer was contrary to law

12 or involved material error of fact or material

13 administrative error; or

14 ‘‘(B) the selection board did not have before it for

15 its consideration material information.

16 ‘‘(2) A special selection board convened under para17 graph (1) shall be appointed and composed in accordance

18 with section 14102 of this title (including the representation

19 of competitive categories required by that section), and the

20 members of such a board shall take an oath in the same

21 manner as prescribed in section 14103 of this title.

22 ‘‘(3) Such board shall consider the record of the officer

23 or former officer as that record, if corrected, would have

24 appeared to the selection board that considered the officer

25 or former officer. That record shall be compared with a sam-
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1 pling of the records of those officers of the same grade and

2 competitive category who were recommended for promotion

3 and those officers of the same grade and competitive cat4 egory who were not recommended for promotion by that

5 board.

6 ‘‘(4) If a special selection board convened under para7 graph (1) does not recommend for promotion an officer or

8 former officer in the grade of lieutenant colonel or com9 mander or below whose name was referred to it for consider10 ation, the officer or former officer shall be considered to have

11 failed of selection for promotion by the board which did con12 sider the officer but incurs no additional failure of selection

13 for promotion from the action of the special selection board.

14 ‘‘(c) REPORT.—Each special selection board convened

15 under this section shall submit to the Secretary of the mili16 tary department concerned a written report, signed by each

17 member of the board, containing the name of each officer

18 it recommends for promotion and certifying that the board

19 has considered carefully the record of each officer whose

20 name was referred to it.

21 ‘‘(d) APPLICABLE PROVISIONS.—The provisions of sec22 tions 14104, 14109, 14110, and 14111 of this title apply

23 to the report and proceedings of a special selection board

24 convened under this section in the same manner as they
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1 apply to the report and proceedings of a promotion board

2 convened under section 14101(a) of this title.

3 ‘‘(e) APPOINTMENT OF OFFICERS RECOMMENDED FOR

4 PROMOTION.—(1) An officer whose name is placed on a

5 promotion list as a result of recommendation for promotion

6 by a special selection board convened under this section,

7 shall, as soon as practicable, be appointed to the next higher

8 grade in accordance with the law and policies which would

9 have been applicable had he been recommended for pro10 motion by the board which should have considered or which

11 did consider him.

12 ‘‘(2) An officer who is promoted to the next higher

13 grade as the result of the recommendation of a special selec14 tion board convened under this section shall, upon such pro15 motion, have the same date of rank, the same effective date

16 for the pay and allowances of that grade, and the same posi17 tion on the reserve active-status list as the officer would

18 have had if the officer had been recommended for promotion

19 to that grade by the selection board which should have con20 sidered, or which did consider, the officer.

21 ‘‘(3) If the report of a special selection board convened

22 under this section, as approved by the President, rec23 ommends for promotion to the next higher grade an officer

24 not currently eligible for promotion or a former officer

25 whose name was referred to it for consideration, the Sec-
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1 retary concerned may act under section 1552 of this title

2 to correct the military record of the officer or former officer

3 to correct an error or remove an injustice resulting from

4 not being selected for promotion by the board which should

5 have considered, or which did consider, the officer.

6 ‘‘(f) TIME LIMITS FOR CONSIDERATION.—The Sec7 retary of Defense may prescribe by regulation the cir8 cumstances under which consideration by a special selection

9 board is contingent upon application for consideration by

10 an officer or former officer and time limits within which

11 an officer or former officer must make such application in

12 order to be considered by a special selection board under

13 this section.

14 ‘‘(g) LIMITATION OF OTHER JURISDICTION.—No

15 official or court of the United States shall have power or

16 jurisdiction—

17 ‘‘(1) over any claim based in any way on the

18 failure of an officer or former officer of the armed

19 forces to be selected for promotion by a selection board

20 convened under chapter 1403 of this title until—

21 ‘‘(A) the claim has been referred to a special

22 selection board by the Secretary concerned and

23 acted upon by that board; or
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1 ‘‘(B) the claim has been rejected by the Sec2 retary without consideration by a special

3 selection board; or

4 ‘‘(2) to grant any relief on such a claim unless

5 the officer or former officer has been selected for pro6 motion by a special selection board convened under

7 this section to consider the officer’s claim.

8 ‘‘(h) JUDICIAL REVIEW.—(1) A court of the United

9 States may review a determination by the Secretary con10 cerned under subsection (a)(1), (b)(1), or (e)(3) not to con11 vene a special selection board. If a court finds the deter12 mination to be arbitrary or capricious, not based on sub13 stantial evidence, or otherwise contrary to law, it shall re14 mand the case to the Secretary concerned, who shall provide

15 for consideration of the officer or former officer by a special

16 selection board under this section.

17 ‘‘(2) If a court finds that the action of a special selec18 tion board which considers an officer or former officer was

19 contrary to law or involved material error of fact or mate20 rial administrative error, it shall remand the case to the

21 Secretary concerned, who shall provide the officer or former

22 officer reconsideration by a new special selection board.

23 ‘‘(i) DESIGNATION OF BOARDS.—The Secretary of the

24 military department concerned may designate a promotion

25 board convened under section 14101(a) of this title as a spe-
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1 cial selection board convened under this section. A board

2 so designated may function in both capacities.

3 ‘‘§ 14503. Discharge of officers with less than five

4 years of commissioned service or found

5 not qualified for promotion to first lieu6 tenant or lieutenant (junior grade)

7 ‘‘(a) AUTHORIZED DISCHARGES.—The Secretary of

8 the military department concerned may discharge any re9 serve officer who—

10 ‘‘(1) has less than five years of service in an ac11 tive status as a commissioned officer; or

12 ‘‘(2) is serving in the grade of second lieutenant

13 or ensign and has been found not qualified for pro14 motion to the grade of first lieutenant or lieutenant

15 (junior grade).

16 ‘‘(b) TIME FOR DISCHARGE.—(1) An officer described

17 in subsection (a)(2)—

18 ‘‘(A) may be discharged at any time after being

19 found not qualified for promotion; and

20 ‘‘(B) if not sooner discharged, shall be discharged

21 at the end of the 18-month period beginning on the

22 date on which the officer is first found not qualified

23 for promotion.

24 ‘‘(2) Paragraph (1) shall not apply if the officer is

25 sooner promoted.
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1 ‘‘(c) REGULATIONS.—Discharges under this section

2 shall be made under regulations prescribed by the Secretary

3 of Defense and may be made without regard to section

4 12645 of this title.

5 ‘‘§ 14504. Effect of failure of selection for promotion:

6 reserve first lieutenants of the Army, Air

7 Force, and Marine Corps and reserve lieu8 tenants (junior grade) of the Navy

9 ‘‘(a) GENERAL RULE.—A first lieutenant on the re10 serve active-status list of the Army, Air Force, or Marine

11 Corps or a lieutenant (junior grade) on the reserve active12 status list of the Navy who has failed of selection for pro13 motion to the next higher grade for the second time and

14 whose name is not on a list of officers recommended for

15 promotion to the next higher grade shall be separated in

16 accordance with section 14513 of this title not later than

17 the first day of the seventh month after the month in which

18 the President approves the report of the board which consid19 ered the officer for the second time.

20 ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply (1)

21 in the case of an officer retained as provided by regulation

22 of the Secretary of the military department concerned in

23 order to meet planned mobilization needs for a period not

24 in excess of 24 months beginning with the date on which

25 the President approves the report of the selection board
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1 which resulted in the second failure, or (2) as provided in

2 section 12646 or 12686 of this title.

3 ‘‘§ 14505. Effect of failure of selection for promotion:

4 reserve captains of the Army, Air Force,

5 and Marine Corps and reserve lieutenants

6 of the Navy

7 ‘‘Unless retained as provided in section 12646 or

8 12686 of this title, a captain on the reserve active-status

9 list of the Army, Air Force, or Marine Corps or a lieutenant

10 on the reserve active-status list of the Navy who has failed

11 of selection for promotion to the next higher grade for the

12 second time and whose name is not on a list of officers rec13 ommended for promotion to the next higher grade and who

14 has not been selected for continuation on the reserve active15 status list under section 14701 of this title, shall be sepa16 rated in accordance with section 14513 of this title not later

17 than the first day of the seventh month after the month in

18 which the President approves the report of the board which

19 considered the officer for the second time.

20 ‘‘§ 14506. Effect of failure of selection for promotion:

21 reserve majors of the Army, Air Force and

22 Marine Corps and reserve lieutenant com23 manders of the Navy

24 ‘‘Unless retained as provided in section 12646, 12686,

25 14701, or 14702 of this title, each reserve officer of the
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1 Army, Navy, Air Force, or Marine Corps who holds the

2 grade of major or lieutenant commander who has failed of

3 selection to the next higher grade for the second time and

4 whose name is not on a list of officers recommended for

5 promotion to the next higher grade shall, if not earlier re6 moved from the reserve active-status list, be removed from

7 that list in accordance with section 14513 of this title on

8 the first day of the month after the month in which the

9 officer completes 20 years of commissioned service.

10 ‘‘§ 14507. Removal from the reserve active-status list

11 for years of service: reserve lieutenant

12 colonels and colonels of the Army, Air

13 Force, and Marine Corps and reserve com14 manders and captains of the Navy

15 ‘‘(a) LIEUTENANT COLONELS AND COMMANDERS.—

16 Unless continued on the reserve active-status list under sec17 tion 14701 or 14702 of this title or retained as provided

18 in section 12646 or 12686 of this title, each reserve officer

19 of the Army, Navy, Air Force, or Marine Corps who holds

20 the grade of lieutenant colonel or commander and who is

21 not on a list of officers recommended for promotion to the

22 next higher grade shall (if not earlier removed from the re23 serve active-status list) be removed from that list under sec24 tion 14514 of this title on the first day of the month after
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1 the month in which the officer completes 28 years of com2 missioned service.

3 ‘‘(b) COLONELS AND NAVY CAPTAINS.—Unless contin4 ued on the reserve active-status list under section 14701 or

5 14702 of this title or retained as provided in section 12646

6 or 12686 of this title, each reserve officer of the Army, Air

7 Force, or Marine Corps who holds the grade of colonel, and

8 each reserve officer of the Navy who holds the grade of cap9 tain, and who is not on a list of officers recommended for

10 promotion to the next higher grade shall (if not earlier re11 moved from the reserve active-status list) be removed from

12 that list under section 14514 of this title on the first day

13 of the month after the month in which the officer completes

14 30 years of commissioned service. This subsection does not

15 apply to the adjutant general or assistant adjutants general

16 of a State.

17 ‘‘§ 14508. Removal from the reserve active-status list

18 for years of service: reserve general and

19 flag officers

20 ‘‘(a) THIRTY YEARS SERVICE OR FIVE YEARS IN

21 GRADE.—Unless retired, transferred to the Retired Reserve,

22 or discharged at an earlier date, each reserve officer of the

23 Army, Air Force, or Marine Corps in the grade of brigadier

24 general who has not been recommended for promotion to

25 the grade of major general, and each reserve officer of the
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1 Navy in the grade of rear admiral (lower half) who has

2 not been recommended for promotion to rear admiral shall,

3 30 days after completion of 30 years of commissioned serv4 ice or on the fifth anniversary of the date of the officer’s

5 appointment in the grade of brigadier general or rear admi6 ral (lower half), whichever is later, be separated in accord7 ance with section 14514 of this title.

8 ‘‘(b) THIRTY-FIVE YEARS SERVICE OR FIVE YEARS IN

9 GRADE.—Unless retired, transferred to the Retired Reserve,

10 or discharged at an earlier date, each reserve officer of the

11 Army, Air Force, or Marine Corps in the grade of major

12 general, and each reserve officer of the Navy in the grade

13 of rear admiral, shall, 30 days after completion of 35 years

14 of commissioned service or on the fifth anniversary of the

15 date of the officer’s appointment in the grade of major gen16 eral or rear admiral, whichever is later, be separated in

17 accordance with section 14514 of this title.

18 ‘‘(c) RETENTION OF BRIGADIER GENERALS.—A re19 serve officer of the Army or Air Force in the grade of briga20 dier general who would otherwise be removed from an active

21 status under this subsection (a) may, in the discretion of

22 the Secretary of the Army or the Secretary of the Air Force,

23 as the case may be, be retained in an active status, but

24 not later than the date on which the officer becomes 60 years

25 of age. Not more than 10 officers of the Army and not more
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1 than 10 officers of the Air Force may be retained under

2 this subsection at any one time.

3 ‘‘(d) RETENTION OF MAJOR GENERALS.—A reserve of4 ficer of the Army or Air Force in the grade of major general

5 who would otherwise be removed from an active status

6 under this subsection (b) may, in the discretion of the Sec7 retary of the Army or the Secretary of the Air Force, as

8 the case may be, be retained in an active status, but not

9 later than the date on which the officer becomes 62 years

10 of age. Not more than 10 officers of the Army and not more

11 than 10 officers of the Air Force may be retained under

12 this subsection at any one time.

13 ‘‘(e) EXCEPTION FOR STATE ADJUTANTS GENERAL

14 AND ASSISTANT ADJUTANTS GENERAL.—This section does

15 not apply to an officer who is the adjutant general or assist16 ant adjutant general of a State.

17 ‘‘§ 14509. Separation at age 60: reserve officers in

18 grades below brigadier general or rear

19 admiral (lower half)

20 ‘‘Each reserve officer of the Army, Navy, Air Force,

21 or Marine Corps in a grade below brigadier general or rear

22 admiral (lower half) who has not been recommended for

23 promotion to the grade of brigadier general or rear admiral

24 (lower half) and is not a member of the Retired Reserve

25 shall, on the last day of the month in which that officer
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1 becomes 60 years of age, be separated in accordance with

2 section 14515 of this title.

3 ‘‘§ 14510. Separation at age 60: reserve brigadier gen4 erals and rear admirals (lower half)

5 ‘‘Unless retired, transferred to the Retired Reserve, or

6 discharged at an earlier date, each reserve officer of the

7 Army, Air Force, or Marine Corps in the grade of brigadier

8 general who has not been recommended for promotion to

9 the grade of major general, and each reserve rear admiral

10 (lower half) of the Navy who has not been recommended

11 for promotion to the grade of rear admiral, except an officer

12 covered by section 14512 of this title, shall be separated in

13 accordance with section 14515 of this title on the last day

14 of the month in which the officer becomes 60 years of age.

15 ‘‘§ 14511. Separation at age 62: major generals and

16 rear admirals

17 ‘‘Unless retired, transferred to the Retired Reserve, or

18 discharged at an earlier date, each reserve officer of the

19 Army, Air Force, or Marine Corps in the grade of major

20 general and each reserve officer of the Navy in the grade

21 of rear admiral, except an officer covered by section 14512

22 of this title, shall be separated in accordance with section

23 14515 of this title on the last day of the month in which

24 the officer becomes 62 years of age.
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1 ‘‘§ 14512. Separation at age 64: officers holding cer2 tain offices

3 ‘‘(a) ARMY AND AIR FORCE.—Unless retired, trans4 ferred to the Retired Reserve, or discharged at an earlier

5 date, a reserve officer of the Army or Air Force who is Chief

6 of the National Guard Bureau, an adjutant general, or if

7 a reserve officer of the Army, commanding general of the

8 troops of a State, shall on the last day of the month in

9 which the officer becomes 64 years of age, be separated in

10 accordance with section 14515 of this title.

11 ‘‘(b) NAVY AND MARINE CORPS.—The Secretary of the

12 Navy may defer the retirement under section 14510 or

13 14511 of a reserve officer of the Navy in a grade above cap14 tain or a reserve officer of the Marine Corps in a grade

15 above colonel and retain the officer in an active status until

16 the officer becomes 64 years of age. Not more than 10 officers

17 may be so deferred at any one time, distributed between

18 the Naval Reserve and the Marine Corps Reserve as the Sec19 retary determines.

20 ‘‘§ 14513. Separation for failure of selection of pro21 motion

22 ‘‘Each reserve officer of the Army, Navy, Air Force,

23 or Marine Corps who is in an active status and whose re24 moval from an active status or from a reserve active-status

25 list is required by section 14504, 14505, or 14506 of this

26 title shall (unless the officer’s separation is deferred or the
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1 officer is continued in an active status under another provi2 sion of law) not later than the date specified in those sec3 tions—

4 ‘‘(1) be transferred to an inactive status if the

5 Secretary concerned determines that the officer has

6 skills which may be required to meet the mobilization

7 needs of the officer’s armed force;

8 ‘‘(2) be transferred to the Retired Reserve, if the

9 officer is qualified and applies for such transfer; or

10 ‘‘(3) if the officer is not transferred to an inac11 tive status or to the Retired Reserve, be discharged

12 from the officer’s reserve appointment.

13 ‘‘§ 14514. Discharge or retirement for years of service

14 or after selection for early removal

15 ‘‘Each reserve officer of the Army, Navy, Air Force,

16 or Marine Corps who is in an active status and who is

17 required to be removed from an active status or from a re18 serve active-status list, as the case may be, under section

19 14507, 14508, 14704, or 14705 of this title (unless the offi20 cer is sooner separated or the officer’s separation is deferred

21 or the officer is continued in an active status under another

22 provision of law), in accordance with those sections, shall—

23 ‘‘(1) be transferred to the Retired Reserve, if the

24 officer is qualified and applies for such transfer; or
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1 ‘‘(2) if the officer is not qualified or does not

2 apply for such transfer, be discharged from the offi3 cer’s reserve appointment.

4 ‘‘§ 14515. Discharge or retirement for age

5 ‘‘Each reserve officer of the Army, Navy, Air Force,

6 or Marine Corps who is in an active status or on an inac7 tive status list and who reaches the maximum age specified

8 in section 14509, 14510, 14511, or 14512 of this title for

9 the officer’s grade or position shall (unless the officer is

10 sooner separated or the officer’s separation is deferred or

11 the officer is continued in an active status under another

12 provision of law) not later than the last day of the month

13 in which the officer reaches that maximum age—

14 ‘‘(1) be transferred to the Retired Reserve, if the

15 officer is qualified and applies for such transfer; or

16 ‘‘(2) if the officer is not qualified or does not

17 apply for transfer to the Retired Reserve, be dis18 charged from the officer’s reserve appointment.

19 ‘‘§ 14516. Separation to be considered involuntary

20 ‘‘The separation of an officer pursuant to section

21 14513, 14514, or 14515 of this title shall be considered to

22 be an involuntary separation for purposes of any other pro23 vision of law.
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1 ‘‘§ 14517. Entitlement of officers discharged under this

2 chapter to separation pay

3 ‘‘An officer who is discharged under section 14513,

4 14514, or 14515 of this title is entitled to separation pay

5 under section 1174 of this title if otherwise eligible under

6 that section.

7 ‘‘CHAPTER 1409—CONTINUATION OF OFFICERS

8 ON THE RESERVE ACTIVE-STATUS LIST AND

9 SELECTIVE EARLY REMOVAL

‘‘Sec.

‘‘14701. Selection of officers for continuation on the reserve active-status list.

‘‘14702. Retention on reserve active-status list of certain officers until age 60.

‘‘14703. Authority to retain chaplains and officers in medical specialties until

specified age.

‘‘14704. Selective early removal from the reserve active-status list.

‘‘14705. Selective early retirement: reserve general and flag officers of the Navy

and Marine Corps.

‘‘14706. Computation of total years of service.

10 ‘‘§ 14701. Selection of officers for continuation on the

11 reserve active-status list

12 ‘‘(a) CONSIDERATION FOR CONTINUATION.—(1) Upon

13 application, a reserve officer of the Army, Navy, Air Force,

14 or Marine Corps who is required to be removed from the

15 reserve active-status list under section 14505, 14506, or

16 14507 of this title may, subject to the needs of the service

17 and to section 14509 of this title, be considered for continu18 ation on the reserve active-status list by a selection board

19 convened under section 14101(b) of this title.

20 ‘‘(2) A reserve officer who holds the grade of captain

21 in the Army, Air Force, or Marine Corps or the grade of
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1 lieutenant in the Navy and who is subject to separation

2 under section 14513 of this title may not be continued on

3 the reserve active-status list under this subsection for a pe4 riod which extends beyond the last day of the month in

5 which the officer completes 20 years of commissioned serv6 ice.

7 ‘‘(3) A reserve officer who holds the grade of major or

8 lieutenant commander and who is subject to separation

9 under section 14513 of this title may not be continued on

10 the reserve active-status list under this subsection for a pe11 riod which extends beyond the last day of the month in

12 which the officer completes 24 years of commissioned serv13 ice.

14 ‘‘(4) A reserve officer who holds the grade of lieutenant

15 colonel or commander and who is subject to separation

16 under section 14514 of this title may not be continued on

17 the reserve active-status list under this subsection for a pe18 riod which extends beyond the last day of the month in

19 which the officer completes 33 years of commissioned serv20 ice.

21 ‘‘(5) A reserve officer who holds the grade of colonel

22 in the Army, Air Force, or Marine Corps or the grade of

23 captain in the Navy and who is subject to separation under

24 section 14514 of this title may not be continued on the re25 serve active-status list under this subsection for a period
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1 which extends beyond the last day of the month in which

2 the officer completes 35 years of commissioned service.

3 ‘‘(6) An officer who is selected for continuation on the

4 reserve active-status list as a result of the convening of a

5 selection board under section 14101(b) of this title but who

6 declines to continue on that list shall be separated in ac7 cordance with section 14513 or 14514 of this title, as the

8 case may be.

9 ‘‘(7) Each officer who is continued on the reserve ac10 tive-status list under this section, who is not subsequently

11 promoted or continued on the active-status list, and whose

12 name is not on a list of officers recommended for promotion

13 to the next higher grade shall (unless sooner separated under

14 another provision of law) be separated in accordance with

15 section 14513 or 14514 of this title, as appropriate, upon

16 the expiration of the period for which the officer was contin17 ued on the reserve active-status list.

18 ‘‘(b) APPROVAL OF SECRETARY CONCERNED.—Con19 tinuation of an officer on the reserve active-status list under

20 this section pursuant to action of a continuation board con21 vened under section 14101(b) of this title is subject to the

22 approval of the Secretary of the military department

23 concerned.

24 ‘‘(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A

25 continuation board convened under section 14101(b) of this
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1 title to consider officers for continuation on the reserve ac2 tive-status list under this section shall act in accordance

3 with the instructions and directions provided to the board

4 by the Secretary of the military department concerned.

5 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

6 prescribe regulations for the administration of this section.

7 ‘‘§ 14702. Retention on reserve active-status list of cer8 tain officers until age 60

9 ‘‘(a) RETENTION.—Notwithstanding the provisions of

10 section 14506 or 14507 of this title, the Secretary of the

11 military department concerned may, with the officer’s con12 sent, retain on the reserve active-status list an officer in

13 the grade of major, lieutenant colonel, or colonel who is—

14 ‘‘(1) an officer of the Army National Guard of

15 the United States and assigned to a headquarters or

16 headquarters detachment of a State; or

17 ‘‘(2) a reserve officer of the Army or Air Force

18 who, as a condition of continued employment as a

19 National Guard or Reserve technician is required by

20 the Secretary concerned to maintain membership in

21 a Selected Reserve unit or organization.

22 ‘‘(b) SEPARATION AT AGE 60.—An officer may be re23 tained under this section only so long as the officer contin24 ues to meet the conditions of subsection (a)(1) or (a)(2).

25 An officer may not be retained under this section after the
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1 last day of the month in which the officer becomes 60 years

2 of age.

3 ‘‘§ 14703. Authority to retain chaplains and officers in

4 medical specialties until specified age

5 ‘‘(a) RETENTION.—Notwithstanding any provision of

6 chapter 1407 of this title and except for officers referred

7 to in sections 14503, 14504, 14505, and 14506 of this title

8 and under regulations prescribed by the Secretary of

9 Defense—

10 ‘‘(1) the Secretary of the Army may, with the of11 ficer’s consent, retain in an active status any reserve

12 officer assigned to the Medical Corps, the Dental

13 Corps, the Veterinary Corps, the Medical Services

14 Corps (if the officer has been designated as allied

15 health officer or biomedical sciences officer in that

16 Corps), the Optometry Section of the Medical Services

17 Corps, the Chaplains, the Army Nurse Corps, or the

18 Army Medical Specialists Corps;

19 ‘‘(2) the Secretary of the Navy may, with the of20 ficer’s consent, retain in an active status any reserve

21 officer appointed in the Medical Corps, Dental Corps,

22 Nurse Corps, or Chaplain Corps or appointed in the

23 Medical Services Corps and designated to perform as

24 a veterinarian, optometrist, podiatrist, allied health

25 officer, or biomedical sciences officer; and
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1 ‘‘(3) the Secretary of the Air Force may, with the

2 officer’s consent, retain in an active status any re3 serve officer who is designated as a medical officer,

4 dental officer, veterinary officer, Air Force nurse, or

5 chaplain or who is designated as a biomedical

6 sciences officer and is qualified for service as a veteri7 narian, optometrist, or podiatrist.

8 ‘‘(b) SEPARATION AT SPECIFIED AGE.—An officer

9 may not be retained in active status under this section later

10 than the date on which the officer becomes 67 years of age

11 (or, in the case of a reserve officer of the Army in the Chap12 lains or a reserve officer of the Air Force designated as a

13 chaplain, 60 years of age).

14 ‘‘§ 14704. Selective early removal from the reserve ac15 tive-status list

16 ‘‘(a) BOARDS TO RECOMMEND OFFICERS FOR RE17 MOVAL FROM RESERVE ACTIVE-STATUS LIST.—Whenever

18 the Secretary of the military department concerned deter19 mines that there are in any reserve component under the

20 jurisdiction of the Secretary too many officers in any grade

21 and competitive category who have at least 30 years of serv22 ice computed under section 14706 of this title or at least

23 20 years of service computed under section 12732 of this

24 title, the Secretary may convene a selection board under

25 section 14101(b) of this title to consider all officers on that
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1 list who are in that grade and competitive category, and

2 who have that amount of service, for the purpose of rec3 ommending officers by name for removal from the reserve

4 active-status list, in the number specified by the Secretary

5 by each grade and competitive category.

6 ‘‘(b) SEPARATION OF OFFICERS SELECTED.—In the

7 case of an officer recommended for separation in the report

8 of a board under subsection (a), the Secretary may separate

9 the officer in accordance with section 14514 of this title.

10 ‘‘(c) REGULATIONS.—The Secretary of the military de11 partment concerned shall prescribe regulations for the ad12 ministration of this section.

13 ‘‘§ 14705. Selective early retirement: reserve general

14 and flag officers of the Navy and Marine

15 Corps

16 ‘‘(a) AUTHORITY TO CONSIDER.—An officer in the

17 Naval Reserve in an active status serving in the grade of

18 rear admiral (lower half) or rear admiral and an officer

19 in the Marine Corps Reserve in an active status serving

20 in the grade of brigadier general or major general may be

21 considered for early retirement whenever the Secretary of

22 the Navy determines that such action is necessary.

23 ‘‘(b) BOARDS.—If the Secretary of the Navy determines

24 that consideration for early retirement under this section

25 is necessary, the Secretary shall convene a board under sec-
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1 tion 14101(b) of this title to recommend an appropriate

2 number of officers for early retirement.

3 ‘‘(c) SEPARATION UNDER SECTION 14514.—An officer

4 selected for early retirement under this section shall be sepa5 rated in accordance with section 14514 of this title.

6 ‘‘§ 14706. Computation of total years of service

7 ‘‘For the purpose of this chapter and chapter 1407 of

8 this title, a reserve officer’s years of service include all serv9 ice, other than constructive service, of the officer as a com10 missioned officer of any uniformed service (other than serv11 ice as a warrant officer).

12 ‘‘CHAPTER 1411—ADDITIONAL PROVISIONS

13 RELATING TO INVOLUNTARY SEPARATION

‘‘Sec.

‘‘14901. Separation of chaplains for loss of professional qualifications.

‘‘14902. Separation for substandard performance and for certain other reasons.

‘‘14903. Boards of inquiry.

‘‘14904. Rights and procedures.

‘‘14905. Officer considered for removal: retirement or discharge.

‘‘14906. Officers eligible to serve on boards.

‘‘14907. Army National Guard of the United States and Air National Guard of

the United States: discharge and withdrawal of Federal recognition of officers absent without leave.

14 ‘‘§ 14901. Separation of chaplains for loss of profes15 sional qualifications

16 ‘‘(a) SEPARATION.—Under regulations prescribed by

17 the Secretary of Defense, an officer on the reserve active18 status list who is appointed or designated as a chaplain

19 may, if the officer fails to maintain the qualifications need20 ed to perform the professional function of a chaplain, be
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1 discharged. The authority under the preceding sentence ap2 plies without regard to the provisions of section 12645 of

3 this title.

4 ‘‘(b) EFFECT OF SEPARATION.—If an officer separated

5 under this section is eligible for retirement, the officer may

6 be retired. If the officer has completed the years of service

7 required for eligibility for retired pay under chapter 1223

8 of this title, the officer may be transferred to the Retired

9 Reserve.

10 ‘‘§ 14902. Separation for substandard performance

11 and for certain other reasons

12 ‘‘(a) SUBSTANDARD PERFORMANCE OF DUTY.—The

13 Secretary of the military department concerned shall pre14 scribe, by regulation, procedures for the review at any time

15 of the record of any reserve officer to determine whether that

16 officer should be required, because that officer’s performance

17 has fallen below standards prescribed by the Secretary con18 cerned, to show cause for retention in an active status.

19 ‘‘(b) MISCONDUCT, ETC.—The Secretary of the mili20 tary department concerned shall prescribe, by regulation,

21 procedures for the review at any time of the record of any

22 reserve officer to determine whether that officer should be

23 required, because of misconduct, because of moral or profes24 sional dereliction, or because the officer’s retention is not
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1 clearly consistent with the interests of national security, to

2 show cause for retention in an active status.

3 ‘‘(c) REGULATIONS.—The authority of the Secretary of

4 a military department under this section shall be carried

5 out subject to such limitations as the Secretary of Defense

6 may prescribe by regulation.

7 ‘‘§ 14903. Boards of inquiry

8 ‘‘(a) CONVENING OF BOARDS.—The Secretary of the

9 military department concerned shall convene a board of in10 quiry at such time and place as the Secretary may prescribe

11 to receive evidence and review the case of any officer who

12 has been required to show cause for retention in an active

13 status under section 14902 of this title. Each board of in14 quiry shall be composed of not less than three officers who

15 have the qualifications prescribed in section 14906 of this

16 title.

17 ‘‘(b) RIGHT TO FAIR HEARING.—A board of inquiry

18 shall give a fair and impartial hearing to each officer re19 quired under section 14902 of this chapter to show cause

20 for retention in an active status.

21 ‘‘(c) RECOMMENDATIONS TO SECRETARY.—If a board

22 of inquiry determines that the officer has failed to establish

23 that the officer should be retained in an active status, the

24 board shall recommend to the Secretary concerned that the

25 officer not be retained in an active status.
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1 ‘‘(d) ACTION BY SECRETARY.—After review of the rec2 ommendation of the board of inquiry, the Secretary may—

3 ‘‘(1) remove the officer from an active status; or

4 ‘‘(2) determine that the case be closed.

5 ‘‘(e) ACTION IN CASES WHERE CAUSE FOR RETENTION

6 IS ESTABLISHED.—(1) If a board of inquiry determines

7 that an officer has established that the officer should be re8 tained in an active status or if the Secretary determines

9 that the case be closed, the officer’s case is closed.

10 ‘‘(2) An officer who is required to show cause for reten11 tion under section 14902(a) of this title and whose case is

12 closed under paragraph (1) may not again be required to

13 show cause for retention under such subsection during the

14 one-year period beginning on the date of that determina15 tion.

16 ‘‘(3)(A) Subject to subparagraph (B), an officer who

17 is required to show cause for retention under section

18 14902(b) of this title and whose case is closed under para19 graph (1) may again be required to show cause for retention

20 at any time.

21 ‘‘(B) An officer who has been required to show cause

22 for retention under section 14902(b) of this title and who

23 is thereafter retained in an active status may not again

24 be required to show cause for retention under such section

25 solely because of conduct which was the subject of the pre-
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1 vious proceeding, unless the recommendations of the board

2 of inquiry that considered the officer’s case are determined

3 to have been obtained by fraud or collusion.

4 ‘‘§ 14904. Rights and procedures

5 ‘‘(a) PROCEDURAL RIGHTS.—Under regulations pre6 scribed by the Secretary of Defense, an officer required

7 under section 14902 of this title to show cause for retention

8 in an active status—

9 ‘‘(1) shall be notified in writing, at least 30 days

10 before the hearing of the officer’s case by a board of

11 inquiry, of the reasons for which the officer is being

12 required to show cause for retention in an active sta13 tus;

14 ‘‘(2) shall be allowed a reasonable time, as deter15 mined by the board of inquiry, to prepare for showing

16 of cause for retention in an active status;

17 ‘‘(3) shall be allowed to appear in person and to

18 be represented by counsel at proceedings before the

19 board of inquiry; and

20 ‘‘(4) shall be allowed full access to, and shall be

21 furnished copies of, records relevant to the case, except

22 that the board of inquiry shall withhold any record

23 that the Secretary concerned determines should be

24 withheld in the interest of national security.
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1 ‘‘(b) SUMMARY OF RECORDS WITHHELD.—When a

2 record is withheld under subsection (a)(4), the officer whose

3 case is under consideration shall, to the extent that the in4 terest of national security permits, be furnished a summary

5 of the record so withheld.

6 ‘‘§ 14905. Officer considered for removal: retirement or

7 discharge

8 ‘‘(a) VOLUNTARY RETIREMENT OR DISCHARGE.—At

9 any time during proceedings under this chapter with re10 spect to the removal of an officer from an active status, the

11 Secretary of the military department concerned may grant

12 a request by the officer—

13 ‘‘(1) for voluntary retirement, if the officer is

14 qualified for retirement;

15 ‘‘(2) for transfer to the Retired Reserve if the of16 ficer has completed the years of service required for

17 eligibility for retired pay under chapter 1223 of this

18 title and is otherwise eligible for transfer to the Re19 tired Reserve; or

20 ‘‘(3) for discharge in accordance with subsection

21 (b)(3).

22 ‘‘(b) REQUIRED RETIREMENT OR DISCHARGE.—An of23 ficer removed from an active status under section 14903 of

24 this title shall—
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1 ‘‘(1) if eligible for voluntary retirement under

2 any provision of law on the date of such removal, be

3 retired in the grade and with the retired pay for

4 which he would be eligible if retired under that

5 provision;

6 ‘‘(2) if eligible for transfer to the Retired Reserve

7 and has completed the years of service required for re8 tired pay under chapter 1223 of this title, be trans9 ferred to the Retired Reserve; and

10 ‘‘(3) if ineligible for retirement or transfer to the

11 Retired Reserve under paragraph (1) or (2) on the

12 date of such removal—

13 ‘‘(A) be honorably discharged in the grade

14 then held, in the case of an officer whose case

15 was brought under subsection (a) of section

16 14902 of this title; or

17 ‘‘(B) be discharged in the grade then held,

18 in the case of an officer whose case was brought

19 under subsection (b) of section 14902 of this title.

20 ‘‘(c) SEPARATION PAY.—An officer who is discharged

21 under subsection (b)(3) is entitled, if eligible therefor, to sep22 aration pay under section 1174(c) of this title.

23 ‘‘§ 14906. Officers eligible to serve on boards

24 ‘‘(a) COMPOSITION OF BOARDS.—(1) Each officer who

25 serves on a board convened under this chapter shall be an
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1 officer of the same armed force as the officer being required

2 to show cause for retention in an active status.

3 ‘‘(2) An officer may not serve on a board under this

4 chapter unless the officer holds a grade above lieutenant

5 colonel or commander and is senior in grade and rank to

6 any officer considered by the board.

7 ‘‘(b) LIMITATION.—A person may not be a member of

8 more than one board convened under this chapter to con9 sider the same officer.

10 ‘‘§ 14907. Army National Guard of the United States

11 and Air National Guard of the United

12 States: discharge and withdrawal of Fed13 eral recognition of officers absent without

14 leave

15 ‘‘(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNI16 TION.—If an officer of the Army National Guard of the

17 United States or the Air National Guard of the United

18 States has been absent without leave for three months, the

19 Secretary of the Army or the Secretary of the Air Force,

20 as appropriate, may—

21 ‘‘(1) terminate the reserve appointment of the

22 officer; and

23 ‘‘(2) withdraw the officer’s Federal recognition

24 as an officer of the National Guard.
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1 ‘‘(b) DISCHARGE FROM RESERVE APPOINTMENT.—An

2 officer of the Army National Guard of the United States

3 or the Air National Guard of the United States whose Fed4 eral recognition as an officer of the National Guard is with5 drawn under section 323(b) of title 32 shall be discharged

6 from the officer’s appointment as a reserve officer of the

7 Army or the Air Force, as the case may be.’’.

8 PART II—CONFORMING AMENDMENTS

9 SEC. 1321. DEFINITION OF RESERVE ACTIVE-STATUS LIST.

10 Section 101(c) is amended by adding at the end the

11 following new paragraph:

12 ‘‘(7) The term ‘reserve active-status list’ means a

13 single list for the Army, Navy, Air Force, or Marine

14 Corps (required to be maintained under section 14002

15 of this title) that contains the names of all officers of

16 that armed force except warrant officers (including

17 commissioned warrant officers) who are in an active

18 status in a reserve component of the Army, Navy, Air

19 Force, or Marine Corps and are not on an active-duty

20 list.’’.

21 SEC. 1322. AUTHORITY TO SUSPEND OFFICER PERSONNEL

22 LAWS DURING WAR OR NATIONAL EMER23 GENCY.

24 (a) AUTHORITY.—Section 123 is amended to read as

25 follows:
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1 ‘‘§ 123. Authority to suspend officer personnel laws

2 during war or national emergency

3 ‘‘(a) In time of war, or of national emergency declared

4 by Congress or the President after November 30, 1980, the

5 President may suspend the operation of any provision of

6 law relating to the promotion, involuntary retirement, or

7 separation of commissioned officers of the Army, Navy, Air

8 Force, Marine Corps, or Coast Guard Reserve. So long as

9 such war or national emergency continues, any such sus10 pension may be extended by the President.

11 ‘‘(b) Any such suspension shall, if not sooner ended,

12 end on the last day of the two-year period beginning on

13 the date on which the suspension (or the last extension

14 thereof) takes effect or on the last day of the one-year period

15 beginning on the date of the termination of the war or na16 tional emergency, whichever occurs first. With respect to the

17 end of any such suspension, the preceding sentence super18 sedes the provisions of title II of the National Emergencies

19 Act (50 U.S.C. 1621–1622) which provide that powers or

20 authorities exercised by reason of a national emergency

21 shall cease to be exercised after the date of the termination

22 of the emergency.

23 ‘‘(c) If a provision of law pertaining to the promotion

24 of reserve officers is suspended under this section and if the

25 Secretary of Defense submits to Congress proposed legisla26 tion to adjust the grades and dates of rank of reserve com-
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1 missioned officers other than commissioned warrant offi2 cers, such proposed legislation shall, so far as practicable,

3 be the same as that recommended for adjusting the grades

4 and dates of rank of officers of the regular component of

5 the armed force concerned.’’.

6 (b) CONFORMING REPEAL.—Section 644 is repealed.

7 SEC. 1323. ACTIVE-DUTY LIST PROMOTION BOARDS TO

8 HAVE AUTHORITY TO RECOMMEND THAT RE9 SERVE OFFICERS CONSIDERED FOR PRO10 MOTION BE REQUIRED TO SHOW CAUSE FOR

11 RETENTION ON ACTIVE DUTY.

12 Section 617(b) is amended—

13 (1) by inserting ‘‘or reserve’’ after ‘‘any regular’’;

14 and

15 (2) by inserting ‘‘or 1411’’ after ‘‘chapter 60’’.

16 SEC. 1324. APPLICABILITY OF CHAPTER 36 TO RESERVE OF17 FICERS DURING WAR OR NATIONAL EMER18 GENCY.

19 Section 641 is amended—

20 (1) by inserting ‘‘(a)’’ before ‘‘Officers in the

21 following’’; and

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

23 ‘‘(b) Under regulations prescribed by the Secretary of

24 the military department concerned, a reserve officer who is

25 ordered to active duty (whether voluntarily or involuntar-
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1 ily) during a war or national emergency and who would

2 otherwise be placed on the active-duty list may be excluded

3 from that list as determined by the Secretary concerned.

4 Exclusion of an officer from the active-duty list as the result

5 of action by the Secretary concerned under the preceding

6 sentence shall expire not later than 24 months after the date

7 on which the officer enters active duty under an order to

8 active duty covered by that sentence.’’.

9 SEC. 1325. GRADE IN WHICH RESERVE OFFICERS ARE OR10 DERED TO ACTIVE DUTY.

11 Section 689 is amended—

12 (1) by inserting ‘‘or full-time National Guard

13 duty’’ after ‘‘active duty’’ the first two places it

14 appears; and

15 (2) by inserting ‘‘and placed on the active-duty

16 list’’ after ‘‘active duty’’ the third place it appears.

17 SEC. 1326. DATE OF RANK.

18 Section 741(d)(3) is amended—

19 (1) by inserting ‘‘or who is transferred from an

20 inactive status to an active status and placed on the

21 active-duty list or the reserve active-status list’’ after

22 ‘‘warrant officer (W–5)’’;

23 (2) by inserting ‘‘or reserve active-status list’’

24 after ‘‘active-duty list’’ the second place it appears;

25 and
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1 (3) by adding at the end: ‘‘The authority to

2 change the date of rank of a reserve officer who is

3 placed on the active-duty list to a later date does not

4 apply in the case of an officer who (A) has served

5 continuously in the Selected Reserve of the Ready Re6 serve since the officer’s last promotion, or (B) is

7 placed on the active-duty list while on a promotion

8 list as described in section 14317(b) of this title.’’.

9 SEC. 1327. DISCHARGE BEFORE COMPLETION OF REQUIRED

10 SERVICE IN CASE OF OFFICERS HAVING

11 TWICE FAILED OF SELECTION FOR CAPTAIN

12 OR NAVY LIEUTENANT.

13 Section 1005(b) is amended—

14 (1) by striking out ‘‘or’’ at the end of

15 paragraph (1);

16 (2) by striking out the period at the end of para17 graph (2) and inserting in lieu thereof a semicolon;

18 and

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

20 ‘‘(3) an officer on the active-duty list or reserve

21 active-status list who has failed of selection for pro22 motion for the second time to the grade of captain, in

23 the case of an officer of the Army, Air Force, or Ma24 rine Corps, or to the grade of lieutenant, in the case

25 of an officer of the Navy; or
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1 ‘‘(4) an officer whose discharge or transfer from

2 an active status is required by law.’’.

3 SEC. 1328. CONFORMING AMENDMENTS RELATING TO NAVY

4 AND MARINE CORPS OFFICERS.

5 Section 6389 is amended—

6 (1) in subsection (a)—

7 (A) by inserting ‘‘while on the active-duty

8 list’’ after ‘‘to the next higher grade’’; and

9 (B) by striking out the period at the end

10 and inserting in lieu thereof ‘‘or released from

11 active duty and placed on the reserve active-sta12 tus list.’’;

13 (2) in subsection (b), by striking out ‘‘or (f)’’;

14 (3) in subsection (c)—

15 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’;

16 (B) by striking out ‘‘lieutenant commander

17 or above’’ both places it appears and inserting in

18 lieu thereof ‘‘lieutenant commander or com19 mander’’;

20 (C) by striking out ‘‘major or above’’ both

21 places it appears and inserting in lieu thereof

22 ‘‘major or lieutenant colonel’’;

23 (D) by inserting ‘‘while on the active-duty

24 list’’ after ‘‘to the next higher grade’’ in the first

25 sentence; and
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1 (E) in the table—

2 (i) by striking out the line relating to

3 the grades of captain in the Navy and colo4 nel in the Marine Corps; and

5 (ii) by striking out ‘‘26 years’’ and in6 serting in lieu thereof ‘‘28 years’’;

7 (F) by designating the sentence after the

8 table as paragraph (2) and in that sentence

9 striking out ‘‘the first sentence of this subsection’’

10 and inserting in lieu thereof ‘‘the first sentence

11 of paragraph (1)’’;

12 (G) by designating the next sentence as

13 paragraph (3) and in that sentence striking out

14 ‘‘the first two sentences of this subsection’’ and

15 inserting in lieu thereof ‘‘paragraph (1)’’; and

16 (H) by designating the last sentence as

17 paragraph (4) and in that sentence—

18 (i) striking out ‘‘the first two sentences

19 of this subsection’’ and inserting in lieu

20 thereof ‘‘paragraph (1)’’; and

21 (ii) striking out ‘‘captain or’’; and

22 (4) by striking out subsections (e), (f), and (g).

23 SEC. 1329. REPEAL OF RESERVE OFFICER PERSONNEL POL24 ICY LAWS.

25 (a) ARMY PROVISIONS.—
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1 (1) Chapter 337, relating to appointments as re2 serve officers (other than sections 3351 and 3352), is

3 repealed.

4 (2) Chapter 361, relating to separation for var5 ious reasons, is repealed.

6 (3) Chapter 363, relating to separation or trans7 fer to the Retired Reserve, is repealed.

8 (b) NAVY AND MARINE CORPS PROVISIONS.—

9 (1) Chapter 541, relating to running mates as

10 reserve officers, is repealed.

11 (2) Chapter 549, relating to reserve promotions,

12 is repealed.

13 (3) Sections 6391, 6392, 6397, 6403, and 6410

14 are repealed.

15 (c) AIR FORCE PROVISIONS.—

16 (1) Chapter 837, relating to appointments as re17 serve officers (other than sections 8351 and 8352), is

18 repealed.

19 (2) Sections 8819 and 8820 are repealed.

20 (3) Chapter 863, relating to separation or trans21 fer to the Retired Reserve, is repealed.

22 SEC. 1330. AMENDMENTS TO TITLE 32, UNITED STATES

23 CODE.

24 Title 32, United States Code, is amended as follows:
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1 (1) Sections 309 and 310 are amended to read

2 as follows:

3 ‘‘§ 309. Federal recognition of National Guard offi4 cers: officers promoted to fill vacancies

5 ‘‘Each officer of the National Guard who is promoted

6 to fill a vacancy in a federally recognized unit of the Na7 tional Guard, and who has been on the reserve active-status

8 list or the active-duty list of the Army or the Air Force

9 for at least one year and has completed the minimum years

10 of service in grade specified in section 14303 of title 10,

11 shall be examined for Federal recognition in the grade to

12 which the officer is promoted.

13 ‘‘§ 310. Federal recognition of National Guard offi14 cers: automatic recognition

15 ‘‘(a) Notwithstanding sections 307 and 309 of this

16 title, if a second lieutenant of the National Guard is pro17 moted to the grade of first lieutenant to fill a vacancy in

18 a federally recognized unit in the National Guard, Federal

19 recognition is automatically extended to that officer in the

20 grade of first lieutenant, effective as of the date on which

21 that officer has completed the service in the grade specified

22 in section 14303(a)(1) of title 10 and has met such other

23 requirements as prescribed by the Secretary concerned

24 under section 14308(b) of that title, if the officer has re-
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1 mained in an active status since the officer was so rec2 ommended.

3 ‘‘(b) Notwithstanding sections 307 and 309 of this title,

4 if an officer of the Army Reserve or the Air Force Reserve

5 in a reserve grade above second lieutenant is appointed in

6 the next higher grade in the National Guard to fill a va7 cancy in a federally recognized unit in the National Guard,

8 Federal recognition is automatically extended to that officer

9 in the grade in which the officer is so appointed in the Na10 tional Guard if the officer has been recommended for pro11 motion under chapter 1405 of title 10 and has remained

12 in an active status since the officer was so recommended.

13 The extension of Federal recognition under this subsection

14 is effective as of the date when the officer is appointed in

15 the National Guard.’’.

16 (2) Section 323 is amended by striking out sub17 sections (d) and (e) and inserting in lieu thereof

18 the following:

19 ‘‘(d) The Federal recognition of a reserve commissioned

20 officer of the Army or the Air Force who is—

21 ‘‘(1) federally recognized as an officer of the Na22 tional Guard; and

23 ‘‘(2) subject to involuntary transfer to the Re24 tired Reserve, transfer to an inactive status list, or
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1 discharge under chapter 1407, 1409, or 1411 of title

2 10;

3 shall, if not sooner withdrawn, be withdrawn on the date

4 of such involuntary transfer or discharge.’’.

5 Subtitle B—Other Personnel Policy

6 Amendments

7 PART I—APPOINTMENTS

8 SEC. 1331. REPEAL OF SEPARATE AUTHORITY FOR ACCES9 SION OF WOMEN IN RESERVE COMPONENTS.

10 (a) ENLISTMENTS.—Section 510 is amended—

11 (1) by striking out subsection (c); and

12 (2) by redesignating subsection (d) as subsection

13 (c).

14 (b) APPOINTMENT OF OFFICERS.—Section 591 is

15 amended—

16 (1) by striking out subsection (c); and

17 (2) by redesignating subsections (d) and (e) as

18 subsections (c) and (d), respectively.

19 SEC. 1332. APPOINTMENT AUTHORITY FOR RESERVE

20 GRADES OF LIEUTENANT COLONEL AND COM21 MANDER.

22 Section 593(a) is amended—

23 (1) in the first sentence, by striking out ‘‘Re24 serves in commissioned grades below lieutenant colo25 nel and commander’’ and inserting in lieu thereof
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1 ‘‘reserve officers in commissioned grades of lieutenant

2 colonel and commander or below’’; and

3 (2) in the second sentence, by striking out ‘‘Re4 serves in commissioned grades above major and lieu5 tenant commander’’ and inserting in lieu thereof ‘‘re6 serve officers in commissioned grades above lieutenant

7 colonel and commander’’.

8 SEC. 1333. APPOINTMENT OF FORMER COMMISSIONED OF9 FICERS IN RESERVE COMPONENTS.

10 Chapter 34 is amended by inserting after section 596

11 the following new section:

12 ‘‘§ 596a. Commissioned officers: appointment of former

13 commissioned officers

14 ‘‘Under regulations prescribed by the Secretary of De15 fense, a person who is a former commissioned officer may,

16 if otherwise qualified, be appointed as a reserve officer of

17 the Army, Navy, Air Force, or Marine Corps. A person

18 so appointed—

19 ‘‘(1) may be placed on the reserve active-status

20 list of that armed force in the grade equivalent to the

21 permanent regular or reserve grade, and in the same

22 competitive category, in which the person previously

23 served satisfactorily on active duty or in an active

24 status; and
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1 ‘‘(2) may be credited for the purpose of determin2 ing date of rank under section 741(d) of this title

3 with service in grade equal to that held by that per4 son when discharged or separated.’’.

5 SEC. 1334. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF

6 OFFICERS IN RESERVE COMPONENTS WITH

7 QUALIFYING EDUCATION OR EXPERIENCE.

8 Chapter 34 is further amended by inserting after sec9 tion 596a (as added by section 1333) the following new

10 section:

11 ‘‘§ 596b. Commissioned officers: service credit upon

12 original appointment

13 ‘‘(a)(1) For the purpose of determining the grade and

14 the rank within grade of a person receiving an original ap15 pointment as a reserve commissioned officer (other than a

16 commissioned warrant officer) in the Army, Navy, Air

17 Force, or Marine Corps, the person shall be credited at the

18 time of the appointment with any commissioned service

19 (other than service as a commissioned warrant officer) per20 formed before such appointment as a regular officer, or as

21 a reserve officer in an active status, in any armed force,

22 the National Oceanic and Atmospheric Administration, or

23 the Public Health Service.

24 ‘‘(2) The Secretary of Defense shall prescribe regula25 tions, which shall apply uniformly among the Army, Navy,
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1 Air Force, and Marine Corps, to authorize the Secretary

2 of the military department concerned to limit the amount

3 of prior commissioned service with which a person receiving

4 an original appointment may be credited under paragraph

5 (1), or to deny any such credit, in the case of a person

6 who at the time of such appointment is credited with con7 structive service under subsection (b).

8 ‘‘(b)(1) Under regulations prescribed by the Secretary

9 of Defense, a person who is receiving an original appoint10 ment as a reserve commissioned officer (other than a com11 missioned warrant officer) of the Army, Navy, Air Force,

12 or Marine Corps, or a designation in, or an assignment

13 to, an officer category in which advanced education or

14 training is required and who has advanced education or

15 training, shall be credited with constructive service for such

16 education, training, or experience, as follows:

17 ‘‘(A) One year for each year of advanced edu18 cation beyond the baccalaureate degree level, for per19 sons appointed or designated in, or assigned to, offi20 cer categories requiring such advanced education or

21 an advanced degree as a prerequisite for such ap22 pointment, designation, or assignment. In determin23 ing the number of years of constructive service to be

24 credited under this subparagraph to officers in any

25 professional field, the Secretary concerned shall credit
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1 an officer with, but with not more than, the number

2 of years of advanced education required by a majority

3 of institutions that award degrees in that professional

4 field for completion of the advanced education or

5 award of the advanced degree.

6 ‘‘(B)(i) Credit for any period of advanced edu7 cation in a health profession (other than medicine

8 and dentistry) beyond the baccalaureate degree level

9 which exceeds the basic education criteria for such ap10 pointment, designation, or assignment, if such ad11 vanced education will be directly used by the armed

12 force concerned.

13 ‘‘(ii) Credit for experience in a health profession

14 (other than medicine or dentistry), if such experience

15 will be directly used by the armed force concerned.

16 ‘‘(C) Additional credit of (i) not more than one

17 year for internship or equivalent graduate medical,

18 dental, or other formal health professional training

19 required by the armed forces, and (ii) not more than

20 one year for each additional year of such graduate21 level training or experience creditable toward certifi22 cation in a speciality required by the armed force

23 concerned.

24 ‘‘(D) Additional credit, in unusual cases, based

25 on special experience in a particular field.
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1 ‘‘(E) Additional credit for experience as a physi2 cian or dentist, if appointed, assigned, or designated

3 as a medical or dental officer.

4 ‘‘(2) If the Secretary of Defense determines that the

5 number of medical or dental officers serving in an active

6 status in a reserve component of the Army, Navy, or Air

7 Force in grades below major or lieutenant commander is

8 critically below the number needed by such reserve compo9 nent in such grades, the Secretary of Defense may authorize

10 the Secretary of the military department concerned to credit

11 any person who is receiving an original appointment for

12 service as a medical or dental officer with a period of con13 structive credit in such amount (in addition to any amount

14 credited such person under subsection (b)) as will result in

15 the grade of such person being that of captain or, in the

16 case of the Naval Reserve, lieutenant.

17 ‘‘(3) Except as authorized by the Secretary concerned

18 in individual cases and under regulations prescribed by the

19 Secretary of Defense in the case of a medical or dental offi20 cer, the amount of constructive service credited an officer

21 under this subsection may not exceed the amount required

22 in order for the officer to be eligible for an original appoint23 ment as a reserve officer of the Army, Air Force, or Marine

24 Corps in the grade of major or as a reserve officer of the

25 Navy in the grade of lieutenant commander.
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1 ‘‘(4) Constructive service credited an officer under this

2 subsection is in addition to any service credited that officer

3 under subsection (a) and shall be credited at the time of

4 the original appointment of the officer or assignment to or

5 designation in an officer category in which advanced edu6 cation or training or special experience is required.

7 ‘‘(c) Constructive service may not be credited under

8 subsection (b) for education, training, or experience ob9 tained while serving as a commissioned officer (other than

10 a warrant officer) on active duty or in an active status.

11 However, in the case of an officer who completes advanced

12 education or receives an advanced degree while on active

13 duty or in an active status and in less than the number

14 of years normally required to complete such advanced edu15 cation or receive such advanced degree, constructive service

16 may, subject to regulations prescribed under subsection

17 (a)(2), be credited to the officer under subsection (b)(1)(A)

18 to the extent that the number of years normally required

19 to complete such advanced education or receive such ad20 vanced degree exceeds the actual number of years in which

21 such advanced education or degree is obtained by the officer.

22 ‘‘(d) If the Secretary of Defense determines that the

23 number of qualified judge advocates serving on the active24 duty list of the Army, Navy, Air Force, or Marine Corps

25 in grades below lieutenant commander or major is critically
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1 below the number needed by that armed force in those

2 grades, the Secretary of Defense may authorize the Sec3 retary of the military department concerned to credit any

4 person who is receiving an original appointment with a

5 view to assignment to the Judge Advocate General’s Corps

6 of the Army or appointment to the Judge Advocate Gen7 eral’s Corps of the Navy, or who is receiving an original

8 appointment in the Air Force or Marine Corps with a view

9 to designation as a judge advocate, with a period of con10 structive service in such an amount (in addition to any

11 amount credited such person under subsection (b)) as will

12 result in the grade of such person being that of captain or,

13 in the case of the Navy, lieutenant, and the date of rank

14 of such person being junior to that of all other officers of

15 the same grade serving on the active-duty list.

16 ‘‘(e) Constructive service credited an officer under sub17 section (b) or (d) shall be used only for determining

18 the officer’s—

19 ‘‘(1) initial grade as a reserve officer;

20 ‘‘(2) rank in grade; and

21 ‘‘(3) service in grade for promotion eligibility.

22 ‘‘(f) The grade and position on the reserve active-status

23 list of a person receiving an appointment as a reserve offi24 cer who at the time of appointment is credited with service

25 under this section shall be determined under regulations
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1 prescribed by the Secretary of Defense based upon the

2 amount of service credited.’’.

3 SEC. 1335. COMPUTATION OF YEARS OF SERVICE FOR

4 TRANSFER OF ARMY OFFICERS TO RETIRED

5 RESERVE.

6 (a) INTERIM REPEAL OF OBSOLETE PROVISION.—Ef7 fective for the period beginning on the date of the enactment

8 of this Act and ending on the effective date specified in sec9 tion 1291, section 3853 is amended by striking out ‘‘the

10 greater of—’’ and all that follows and inserting in lieu

11 thereof ‘‘the sum of the following:

12 ‘‘(1) The officer’s years of service as a commis13 sioned officer of any component of the armed forces or

14 of the Army without specification of component.

15 ‘‘(2) The officer’s years of service in a federally

16 recognized commissioned status in the National

17 Guard if his service in the National Guard was con18 tinuous from the date of his Federal recognition as an

19 officer in the National Guard to the date of his ap20 pointment in the National Guard of the United

21 States.’’.

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall apply with respect to transfers to the Re24 tired Reserve and to discharges on or after the date of the

25 enactment of this Act.
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1 SEC. 1336. REPEAL OF MISCELLANEOUS OBSOLETE AP2 POINTMENT AUTHORITIES.

3 (a) ARMY RESERVE OFFICERS APPOINTED IN TEM4 PORARY GRADES.—Section 3352(a) is amended by striking

5 out the second sentence.

6 (b) AIR FORCE AVIATION CADETS.—Section 8356 is

7 repealed.

8 (c) REDUNDANT STATEMENT OF AUTHORITY.—Section

9 8379 is repealed.

10 PART II—SEPARATION AND RETIREMENT

11 SEC. 1341. COMPUTATION OF HIGHEST GRADE IN WHICH

12 SATISFACTORILY SERVED FOR RESERVE COM13 MISSIONED OFFICERS AND FORMER OFFI14 CERS.

15 Section 1370 is amended by adding at the end the fol16 lowing new subsection:

17 ‘‘(d)(1) Unless entitled to a higher grade, or to credit

18 for satisfactory service in a higher grade, under some other

19 provision of law, a person who is entitled to retired pay

20 under chapter 1225 of this title shall, upon application

21 under section 12731 of this title, be credited with satisfac22 tory service in the highest grade in which that person served

23 satisfactorily at any time in the armed forces, as deter24 mined by the Secretary concerned in accordance with this

25 subsection.
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1 ‘‘(2)(A) In order to be credited with satisfactory service

2 in an officer grade (other than a warrant officer grade)

3 below the grade of lieutenant colonel or commander, a per4 son covered by paragraph (1) must have served satisfac5 torily in that grade (as determined by the Secretary of the

6 military department concerned) as a reserve commissioned

7 officer in an active status, or in a retired status on active

8 duty, for not less than six months.

9 ‘‘(B) In order to be credited with satisfactory service

10 in an officer grade above major or lieutenant commander

11 and below lieutenant general or vice admiral, a person cov12 ered by paragraph (1) must have served satisfactorily in

13 that grade (as determined by the Secretary of the military

14 department concerned) as a reserve commissioned officer in

15 an active status, or in a retired status on active duty, for

16 not less than three years. A person covered by the preceding

17 sentence who has completed at least six months of satisfac18 tory service in grade and is transferred from an active sta19 tus or discharged as a reserve commissioned officer solely

20 due to the requirements of a nondiscretionary provision of

21 law requiring that transfer or discharge due to the person’s

22 age or years of service may be credited with satisfactory

23 service in the grade in which serving at the time of such

24 transfer or discharge, notwithstanding failure of the person

25 to complete three years of service in that grade.
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1 ‘‘(3) A person whose length of service in the highest

2 grade held does not meet the service in grade requirements

3 specified in this subsection shall be credited with satisfac4 tory service in the next lower grade in which that person

5 served satisfactorily (as determined by the Secretary of the

6 military department concerned) for not less than six

7 months.’’.

8 PART III—OTHER AMENDMENTS

9 SEC. 1351. TENURE IN OFFICE OF CHIEF OF NATIONAL

10 GUARD BUREAU.

11 Section 3040(c) is amended by adding at the end the

12 following new sentence: ‘‘While holding that office, the Chief

13 of the National Guard Bureau may not be removed from

14 the reserve active-status list, or from an active status, under

15 any provision of law that otherwise would require such re16 moval due to completion of a specified number of years of

17 service or a specified number of years of service in grade.’’.

18 SEC. 1352. RIGHT TO REENLIST IN REGULAR ARMY OR

19 REGULAR AIR FORCE AFTER SERVICE AS AN

20 OFFICER.

21 (a) ARMY.—Section 3258 is amended—

22 (1) by striking out ‘‘Any former enlisted mem23 ber’’ and inserting in lieu thereof ‘‘(a) Subject to sub24 sections (b) and (c), a former enlisted member’’;

25 (2) by striking out the last sentence; and
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1 (3) by adding at the end the following:

2 ‘‘(b) A person who is a former enlisted member is not

3 entitled to be reenlisted under subsection (a) if that person

4 is discharged or released from active duty from service as

5 an officer described in that subsection—

6 ‘‘(1) because that person’s performance of duty

7 while serving as such an officer has fallen below

8 standards prescribed by the Secretary of Defense;

9 ‘‘(2) because of misconduct or moral or profes10 sional dereliction; or

11 ‘‘(3) because retention of that person as an offi12 cer is not clearly consistent with the interest of na13 tional security.

14 ‘‘(c) A person who is a former enlisted member is not

15 entitled to be reenlisted under subsection (a) if that person’s

16 status and grade as an enlisted member were only held dur17 ing, and solely as a result of, participation in a

18 precommissioning program after the effective date of the Re19 serve Officer Personnel Management Act.’’.

20 (b) AIR FORCE.—Section 8258 is amended—

21 (1) by striking out ‘‘Any former enlisted mem22 ber’’ and inserting in lieu thereof ‘‘(a) Subject to sub23 sections (b) and (c), a former enlisted member’’;

24 (2) by striking out the last sentence; and

25 (3) by adding at the end the following:
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1 ‘‘(b) A person who is a former enlisted member is not

2 entitled to be reenlisted under subsection (a) if that person

3 is discharged or released from active duty from service as

4 an officer described in that subsection—

5 ‘‘(1) because that person’s performance of duty

6 while serving as such an officer has fallen below

7 standards prescribed by the Secretary of Defense;

8 ‘‘(2) because of misconduct or moral or profes9 sional dereliction; or

10 ‘‘(3) because retention of that person as an offi11 cer is not clearly consistent with the interest of na12 tional security.

13 ‘‘(c) A person who is a former enlisted member is not

14 entitled to be reenlisted under subsection (a) if that person’s

15 status and grade as an enlisted member were only held dur16 ing, and solely as a result of, participation in a

17 precommissioning program after the effective date of the Re18 serve Officer Personnel Management Act.’’.

19 Subtitle C—Reorganization and

20 Consolidation of Laws Relating

21 to Reserve Components

22 SEC. 1361. LAWS RELATING TO ORGANIZATION AND ADMIN23 ISTRATION OF RESERVE COMPONENTS.

24 (a) RESERVE COMPONENTS GENERALLY.—(1) Subtitle

25 E, as added by section 1311, is amended by inserting after
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1 the table of chapters at the beginning of the subtitle

2 the following:

3 ‘‘PART I—ORGANIZATION AND

4 ADMINISTRATION

‘‘Chap Sec.

‘‘1001. Definitions ........................................................................................... 10001

‘‘1003. Reserve Components Generally .......................................................... 10101

‘‘1005. Elements of Reserve Components ....................................................... 10141

‘‘1007. Administration of Reserve Components ............................................ 10201

‘‘1009. Reserve Forces Policy Boards and Committees ................................ 10301

‘‘1011. National Guard Bureau ..................................................................... 10501

‘‘1013. Budget Information and Annual Reports to Congress .................... 10541

5 ‘‘CHAPTER 1001—DEFINITIONS

‘‘Sec.

‘‘10001. Definition of State.

6 ‘‘§ 10001. Definition of State

7 ‘‘In this subtitle, the term ‘State’ includes the District

8 of Columbia, the Commonwealth of Puerto Rico, the Vir9 gin Islands, and Guam.

10 ‘‘CHAPTER 1003—RESERVE COMPONENTS

11 GENERALLY

‘‘Sec.

‘‘10101. Reserve components named.

‘‘10102. Purpose of reserve components.

‘‘10103. Basic policy for order of National Guard into Federal service.

‘‘10104. Army Reserve: composition.

‘‘10105. Army National Guard of the United States: composition.

‘‘10106. Army National Guard: when a component of the Army.

‘‘10107. Army National Guard of the United States: status when not in Federal

service.

‘‘10108. Naval Reserve: administration.

‘‘10109. Marine Corps Reserve: administration.

‘‘10110. Air Force Reserve: composition.

‘‘10111. Air National Guard of the United States: composition.

‘‘10112. Air National Guard: when a component of the Air Force.

‘‘10113. Air National Guard of the United States: status when not in Federal

service.

‘‘10114. Coast Guard Reserve.
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1 ‘‘§ 10101. Reserve components named

2 ‘‘The reserve components of the armed forces are:

3 ‘‘(1) The Army National Guard of the United

4 States.

5 ‘‘(2) The Army Reserve.

6 ‘‘(3) The Naval Reserve.

7 ‘‘(4) The Marine Corps Reserve.

8 ‘‘(5) The Air National Guard of the United

9 States.

10 ‘‘(6) The Air Force Reserve.

11 ‘‘(7) The Coast Guard Reserve.

12 ‘‘§ 10102. Purpose of reserve components

13 ‘‘The purpose of each reserve component is to provide

14 trained units and qualified persons available for active

15 duty in the armed forces, in time of war or national emer16 gency, and at such other times as the national security may

17 require, to fill the needs of the armed forces whenever, dur18 ing and after the period needed to procure and train addi19 tional units and qualified persons to achieve the planned

20 mobilization, more units and persons are needed than

21 are in the regular components.

22 ‘‘§ 10103. Basic policy for order of the National Guard

23 and reserve components to active duty

24 ‘‘Whenever Congress determines that more units and

25 organizations are needed for the national security than are

26 in the regular components of the ground and air forces, the
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1 Army National Guard of the United States and the Air Na2 tional Guard of the United States, or such parts of them

3 as are needed, together with units of other reserve compo4 nents necessary for a balanced force, shall be ordered to ac5 tive duty and retained as long as so needed.

6 ‘‘§ 10104. Army Reserve: composition

7 ‘‘The Army Reserve includes all Reserves of the Army

8 who are not members of the Army National Guard of the

9 United States.

10 ‘‘§ 10105. Army National Guard of the United States:

11 composition

12 ‘‘The Army National Guard of the United States is

13 the reserve component of the Army that consists of—

14 ‘‘(1) federally recognized units and organizations

15 of the Army National Guard; and

16 ‘‘(2) members of the Army National Guard who

17 are also Reserves of the Army.

18 ‘‘§ 10106. Army National Guard: when a component of

19 the Army

20 ‘‘The Army National Guard while in the service of the

21 United States is a component of the Army.

22 ‘‘§ 10107. Army National Guard of the United States:

23 status when not in Federal service

24 ‘‘When not on active duty, members of the Army Na25 tional Guard of the United States shall be administered,
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1 armed, equipped, and trained in their status as members

2 of the Army National Guard.

3 ‘‘§ 10108. Naval Reserve: administration

4 ‘‘(a) The Naval Reserve is the reserve component of the

5 Navy. It shall be organized, administered, trained, and sup6 plied under the direction of the Chief of Naval Operations.

7 ‘‘(b) The bureaus and offices of the executive part of

8 the Department of the Navy have the same relation and re9 sponsibility to the Naval Reserve as they do to the Regular

10 Navy.

11 ‘‘§ 10109. Marine Corps Reserve: administration

12 ‘‘(a) The Marine Corps Reserve is the reserve compo13 nent of the Marine Corps. It shall be organized, adminis14 tered, trained, and supplied under the direction of the Com15 mandant of the Marine Corps.

16 ‘‘(b) The departments and offices of Headquarters, Ma17 rine Corps have the same relation and responsibilities to

18 the Marine Corps Reserve as they do to the Regular Marine

19 Corps.

20 ‘‘§ 10110. Air Force Reserve: composition

21 ‘‘The Air Force Reserve is a reserve component of the

22 Air Force to provide a reserve for active duty. It consists

23 of the members of the officers’ section of the Air Force Re24 serve and of the enlisted section of the Air Force Reserve.
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1 It includes all Reserves of the Air Force who are not mem2 bers of the Air National Guard of the United States.

3 ‘‘§ 10111. Air National Guard of the United States:

4 composition

5 ‘‘The Air National Guard of the United States is the

6 reserve component of the Air Force that consists of—

7 ‘‘(1) federally recognized units and organizations

8 of the Air National Guard; and

9 ‘‘(2) members of the Air National Guard who are

10 also Reserves of the Air Force.

11 ‘‘§ 10112. Air National Guard: when a component of

12 the Air Force

13 ‘‘The Air National Guard while in the service of the

14 United States is a component of the Air Force.

15 ‘‘§ 10113. Air National Guard of the United States:

16 status when not in Federal service

17 ‘‘When not on active duty, members of the Air Na18 tional Guard of the United States shall be administered,

19 armed, equipped, and trained in their status as members

20 of the Air National Guard.

21 ‘‘§ 10114. Coast Guard Reserve

22 ‘‘As provided in section 701 of title 14, the Coast

23 Guard Reserve is a component of the Coast Guard and is

24 organized, administered, trained, and supplied under the

25 direction of the Commandant of the Coast Guard. Laws ap-
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1 plicable to the Coast Guard Reserve are set forth in chapter

2 21 of title 14 (14 U.S.C. 701 et seq.).

3 ‘‘CHAPTER 1005—ELEMENTS OF RESERVE

4 COMPONENTS

‘‘Sec.

‘‘10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and status

of members; training categories.

‘‘10142. Ready Reserve generally.

‘‘10143. Ready Reserve: Selected Reserve.

‘‘10144. Ready Reserve: Individual Ready Reserve.

‘‘10145. Ready Reserve: placement in.

‘‘10146. Ready Reserve: transfer from.

‘‘10147. Ready Reserve: training requirements.

‘‘10148. Ready Reserve: failure to satisfactorily perform prescribed training.

‘‘10149. Ready Reserve: continuous screening.

‘‘10150. Ready Reserve: transfer back from Standby Reserve.

‘‘10151. Standby Reserve: composition.

‘‘10152. Standby Reserve: inactive status list.

‘‘10153. Standby Reserve: status of members.

‘‘10154. Retired Reserve.

5 ‘‘§ 10141. Ready Reserve; Standby Reserve; Retired Re6 serve: placement and status of members;

7 training categories

8 ‘‘(a) There are in each armed force a Ready Reserve,

9 a Standby Reserve, and a Retired Reserve. Each Reserve

10 shall be placed in one of those categories.

11 ‘‘(b) Reserves who are on the inactive status list of a

12 reserve component, or who are assigned to the inactive

13 Army National Guard or the inactive Air National Guard,

14 are in an inactive status. Members in the Retired Reserve

15 are in a retired status. All other Reserves are in an active

16 status.

17 ‘‘(c) As prescribed by the Secretary concerned, each re18 serve component except the Army National Guard of the
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1 United States and the Air National Guard of the United

2 States shall be divided into training categories according

3 to the degrees of training, including the number and dura4 tion of drills or equivalent duties to be completed in stated

5 periods. The designation of training categories shall be the

6 same for all armed forces and the same within the Ready

7 Reserve and the Standby Reserve.

8 ‘‘§ 10142. Ready Reserve

9 ‘‘(a) The Ready Reserve consists of units or Reserves,

10 or both, liable for active duty as provided in sections 12301

11 and 12302 of this title.

12 ‘‘(b) The authorized strength of the Ready Reserve is

13 2,900,000.

14 ‘‘§ 10143. Ready Reserve: Selected Reserve

15 ‘‘(a) Within the Ready Reserve of each of the reserve

16 components there is a Selected Reserve. The Selected Reserve

17 consists of units, and, as designated by the Secretary con18 cerned, of Reserves, trained as prescribed in section

19 10147(a)(1) of this title or section 502(a) of title 32, as

20 appropriate.

21 ‘‘(b) The organization and unit structure of the Se22 lected Reserve shall be approved—

23 ‘‘(1) in the case of all reserve components other

24 than the Coast Guard Reserve, by the Secretary of De25 fense based upon recommendations from the military
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1 departments as approved by the Chairman of the

2 Joint Chiefs of Staff in accordance with contingency

3 and war plans; and

4 ‘‘(2) in the case of the Coast Guard Reserve, by

5 the Secretary of Transportation upon the rec6 ommendation of the Commandant of the Coast Guard.

7 ‘‘§ 10144. Ready Reserve: Individual Ready Reserve

8 ‘‘Within the Ready Reserve of each of the reserve com9 ponents there is an Individual Ready Reserve. The Individ10 ual Ready Reserve consists of those members of the Ready

11 Reserve who are not in the Selected Reserve or the inactive

12 National Guard.

13 ‘‘§ 10145. Ready Reserve: placement in

14 ‘‘(a) Each person required under law to serve in a re15 serve component shall, upon becoming a member, be placed

16 in the Ready Reserve of his armed force for his prescribed

17 term of service, unless he is transferred to the Standby Re18 serve under section 10146(a) of this title.

19 ‘‘(b) The units and members of the Army National

20 Guard of the United States and of the Air National Guard

21 of the United States are in the Ready Reserve of the Army

22 and the Ready Reserve of the Air Force, respectively.

23 ‘‘(c) All Reserves assigned to units organized to serve

24 as units and designated as units in the Ready Reserve are

25 in the Ready Reserve.
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1 ‘‘(d) Under such regulations as the Secretary con2 cerned may prescribe, any qualified member of a reserve

3 component or any qualified retired enlisted member of a

4 regular component may, upon his request, be placed in the

5 Ready Reserve. However, a member of the Retired Reserve

6 entitled to retired pay or a retired enlisted member of a

7 regular component may not be placed in the Ready Reserve

8 unless the Secretary concerned makes a special finding that

9 the member’s services in the Ready Reserve are indispen10 sable. The Secretary concerned may not delegate his author11 ity under the preceding sentence.

12 ‘‘§ 10146. Ready Reserve: transfer from

13 ‘‘(a) Subject to subsection (c) and under regulations

14 prescribed by the Secretary of Defense, or by the Secretary

15 of Transportation with respect to the Coast Guard when

16 it is not operating as a service in the Navy, a member in

17 the Ready Reserve may be transferred to the Standby Re18 serve.

19 ‘‘(b) A Reserve who is qualified and so requests may

20 be transferred to the Retired Reserve under regulations pre21 scribed by the Secretary concerned and, in the case of the

22 Secretary of a military department, approved by the Sec23 retary of Defense.

24 ‘‘(c) A member of the Army National Guard of the

25 United States or the Air National Guard of the United
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1 States may be transferred to the Standby Reserve only with

2 the consent of the governor or other appropriate authority

3 of the State.

4 ‘‘§ 10147. Ready Reserve: training requirements

5 ‘‘(a) Except as specifically provided in regulations to

6 be prescribed by the Secretary of Defense, or by the Sec7 retary of Transportation with respect to the Coast Guard

8 when it is not operating as a service in the Navy, each per9 son who is enlisted, inducted, or appointed in an armed

10 force, and who becomes a member of the Ready Reserve

11 under any provision of law except section 513 or 10145(b)

12 of this title, shall be required, while in the Ready Reserve,

13 to—

14 ‘‘(1) participate in at least 48 scheduled drills or

15 training periods during each year and serve on active

16 duty for training of not less than 14 days (exclusive

17 of traveltime) during each year; or

18 ‘‘(2) serve on active duty for training not more

19 than 30 days during each year.

20 ‘‘(b) A member who has served on active duty for one

21 year or longer may not be required to perform a period

22 of active duty for training if the first day of that period

23 falls during the last 120 days of the member’s required

24 membership in the Ready Reserve.
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1 ‘‘§ 10148. Ready Reserve: failure to satisfactorily per2 form prescribed training

3 ‘‘(a) A member of the Ready Reserve covered by section

4 10147 of this title who fails in any year to perform satisfac5 torily the training duty prescribed in that section, as deter6 mined by the Secretary concerned under regulations pre7 scribed by the Secretary of Defense, may be ordered without

8 his consent to perform additional active duty for training

9 for not more than 45 days. If the failure occurs during the

10 last year of his required membership in the Ready Reserve,

11 his membership is extended until he performs that addi12 tional active duty for training, but not for more than six

13 months.

14 ‘‘(b) A member of the Army National Guard of the

15 United States or the Air National Guard of the United

16 States who fails in any year to perform satisfactorily the

17 training duty prescribed by or under law for members of

18 the Army National Guard or the Air National Guard, as

19 the case may be, as determined by the Secretary concerned,

20 may, upon the request of the Governor of the State (or, in

21 the case of the District of Columbia, the commanding gen22 eral of the District of Columbia National Guard) be ordered,

23 without his consent, to perform additional active duty for

24 training for not more than 45 days. A member ordered to

25 active duty under this subsection shall be ordered to duty
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1 as a Reserve of the Army or as a Reserve of the Air Force,

2 as the case may be.

3 ‘‘§ 10149. Ready Reserve: continuous screening

4 ‘‘(a) Under regulations to be prescribed by the Presi5 dent, the Secretary concerned shall provide a system of con6 tinuous screening of units and members of the Ready Re7 serve to ensure the following:

8 ‘‘(1) That there will be no significant attrition

9 of those members or units during a mobilization.

10 ‘‘(2) That there is a proper balance of military

11 skills.

12 ‘‘(3) That except for those with military skills for

13 which there is an overriding requirement, members

14 having critical civilian skills are not retained in

15 numbers beyond the need for those skills.

16 ‘‘(4) That with due regard to national security

17 and military requirements, recognition will be given

18 to participation in combat.

19 ‘‘(5) That members whose mobilization in an

20 emergency would result in an extreme personal or

21 community hardship are not retained in the Ready

22 Reserve.

23 ‘‘(b) Under regulations to be prescribed by the Sec24 retary of Defense, and by the Secretary of Transportation

25 with respect to the Coast Guard when it is not operating
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1 as a service in the Navy, a member of the Ready Reserve

2 who is designated as a member not to be retained in the

3 Ready Reserve as a result of screening under subsection (a)

4 shall, as appropriate, be—

5 ‘‘(1) transferred to the Standby Reserve;

6 ‘‘(2) discharged; or

7 ‘‘(3) if the member is eligible and applies there8 for, transferred to the Retired Reserve.

9 ‘‘§ 10150. Ready Reserve: transfer back from Standby

10 Reserve

11 ‘‘Under regulations to be prescribed by the Secretary

12 of Defense, and by the Secretary of Transportation with re13 spect to the Coast Guard when it is not operating as a serv14 ice in the Navy, a member of the Standby Reserve who has

15 not completed his required period of service in the Ready

16 Reserve may be transferred to the Ready Reserve when the

17 reason for his transfer to the Standby Reserve no longer

18 exists.

19 ‘‘§ 10151. Standby Reserve: composition

20 ‘‘The Standby Reserve consists of those units or mem21 bers, or both, of the reserve components, other than those

22 in the Ready Reserve or Retired Reserve, who are liable for

23 active duty only as provided in sections 12301 and 12306

24 of this title.
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1 ‘‘§ 10152. Standby Reserve: inactive status list

2 ‘‘(a) An inactive status list shall be maintained in the

3 Standby Reserve. Whenever an authority designated by the

4 Secretary concerned considers that it is in the best interest

5 of the armed force concerned, a member in the Standby Re6 serve who is not required to remain a Reserve, and who

7 cannot participate in prescribed training, may, if qualified,

8 be transferred to the inactive status list under regulations

9 to be prescribed by the Secretary concerned. These regula10 tions shall fix the conditions under which such a member

11 is entitled to be returned to an active status.

12 ‘‘§ 10153. Standby Reserve: status of members

13 ‘‘While in an inactive status, a Reserve is not eligible

14 for pay or promotion and (as provided in section 12734(a)

15 of this title) does not accrue credit for years of service under

16 chapter 1223 of this title.

17 ‘‘§ 10154. Retired Reserve

18 ‘‘The Retired Reserve consists of the following Reserves:

19 ‘‘(1) Reserves who are or have been retired under

20 section 3911, 6323, or 8911 of this title or under sec21 tion 291 of title 14.

22 ‘‘(2) Reserves who have been transferred to the

23 Retired Reserve upon their request, retain their status

24 as Reserves, and are otherwise qualified.
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1 ‘‘CHAPTER 1007—ADMINISTRATION OF RESERVE

2 COMPONENTS

‘‘Sec.

‘‘10201. Assistant Secretary of Defense for Reserve Affairs.

‘‘10202. Regulations.

‘‘10203. Reserve affairs: designation of general or flag officer of each armed force.

‘‘10204. Personnel records.

‘‘10205. Members of Individual Ready Reserve: requirement of notification of

change of status.

‘‘10206. Members: periodic physical examinations.

‘‘10207. Mobilization forces: maintenance.

‘‘10208. Annual mobilization exercise.

‘‘10209. Regular and reserve components: discrimination prohibited.

‘‘10210. Dissemination of information.

‘‘10211. Policies and regulations: participation of reserve officers in preparation

and administration.

‘‘10212. Gratuitous services of officers: authority to accept.

‘‘10213. Reserve components: dual membership prohibited.

‘‘10214. Adjutants general and assistant adjutants general: reference to other officers of National Guard.

‘‘10215. Officers of Army National Guard of the United States and Air National

Guard of the United States: authority with respect to Federal

status.

3 ‘‘§ 10201. Assistant Secretary of Defense for Reserve

4 Affairs

5 ‘‘As provided in section 138(b)(2) of this title, the offi6 cial in the Department of Defense with responsibility for

7 overall supervision of reserve component affairs of the De8 partment of Defense is the Assistant Secretary of Defense

9 for Reserve Affairs.

10 ‘‘§ 10202. Regulations

11 ‘‘(a) Subject to standards, policies, and procedures pre12 scribed by the Secretary of Defense, the Secretary of each

13 military department shall prescribe such regulations as the

14 Secretary considers necessary to carry out provisions of law
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1 relating to the reserve components under the Secretary’s

2 jurisdiction.

3 ‘‘(b) The Secretary of Transportation, with the concur4 rence of the Secretary of the Navy, shall prescribe such regu5 lations as the Secretary considers necessary to carry out

6 all provisions of law relating to the reserve components in7 sofar as they relate to the Coast Guard, except when the

8 Coast Guard is operating as a service in the Navy.

9 ‘‘(c) So far as practicable, regulations for all reserve

10 components shall be uniform.

11 ‘‘§ 10203. Reserve affairs: designation of general or

12 flag officer of each armed force

13 ‘‘(a) The Secretary of the Army may designate a gen14 eral officer of the Army to be directly responsible for reserve

15 affairs to the Chief of Staff of the Army.

16 ‘‘(b) The Secretary of the Navy may designate a flag

17 officer of the Navy to be directly responsible for reserve af18 fairs to the Chief of Naval Operations and a general officer

19 of the Marine Corps to be directly responsible for reserve

20 affairs to the Commandant of the Marine Corps.

21 ‘‘(c) The Secretary of the Air Force may designate a

22 general officer of the Air Force to be directly responsible

23 for reserve affairs to the Chief of Staff of the Air Force.
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1 ‘‘(d) The Secretary of Transportation may designate

2 a flag officer of the Coast Guard to be directly responsible

3 for reserve affairs to the Commandant of the Coast Guard.

4 ‘‘(e) This section does not affect the functions of the

5 Chief of the National Guard Bureau, the Chief of Army Re6 serve, or the Chief of Air Force Reserve.

7 ‘‘§ 10204. Personnel records

8 ‘‘(a) The Secretary concerned shall maintain adequate

9 and current personnel records of each member of the reserve

10 components under the Secretary’s jurisdiction showing the

11 following with respect to the member:

12 ‘‘(1) Physical condition.

13 ‘‘(2) Dependency status.

14 ‘‘(3) Military qualifications.

15 ‘‘(4) Civilian occupational skills.

16 ‘‘(5) Availability for service.

17 ‘‘(6) Such other information as the Secretary

18 concerned may prescribe.

19 ‘‘(b) Under regulations to be prescribed by the Sec20 retary of Defense, the Secretary of each military department

21 shall maintain a record of the number of members of each

22 class of each reserve component who, during each fiscal

23 year, have participated satisfactorily in active duty for

24 training and inactive duty training with pay.
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1 ‘‘§ 10205. Members of Ready Reserve: requirement of

2 notification of change of status

3 ‘‘(a) Each member of the Ready Reserve shall notify

4 the Secretary concerned of any change in the member’s ad5 dress, marital status, number of dependents, or civilian em6 ployment and of any change in the member’s physical con7 dition that would prevent the member from meeting the

8 physical or mental standards prescribed for the member’s

9 armed force.

10 ‘‘(b) This section shall be administered under regula11 tions prescribed by the Secretary of Defense and by the Sec12 retary of Transportation with respect to the Coast Guard

13 when it is not operating as a service in the Navy.

14 ‘‘§ 10206. Members: periodic physical examinations

15 ‘‘(a) Each member of the Ready Reserve who is not

16 on active duty shall—

17 ‘‘(1) be examined as to his physical fitness every

18 five years, or more often as the Secretary concerned

19 considers necessary; and

20 ‘‘(2) execute and submit annually to the Sec21 retary concerned a certificate of physical condition.

22 Each Reserve in an active status, or on an inactive status

23 list, who is not on active duty shall execute and submit

24 annually to the Secretary concerned a certificate of physical

25 condition.
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1 ‘‘(b) The kind of duty to which a Reserve ordered to

2 active duty may be assigned shall be considered in deter3 mining physical qualifications for active duty.

4 ‘‘§ 10207. Mobilization forces: maintenance

5 ‘‘(a) Whenever units or members of the reserve compo6 nents are ordered to active duty (other than for training)

7 during a period of partial mobilization, the Secretary con8 cerned shall continue to maintain mobilization forces by

9 planning and budgeting for the continued organization and

10 training of the reserve components not mobilized, and make

11 the fullest practicable use of the Federal facilities vacated

12 by mobilized units, consistent with approved joint mobiliza13 tion plans.

14 ‘‘(b) In this section, the term ‘partial mobilization’

15 means the mobilization resulting from action by Congress

16 or the President, under any law, to bring units of any re17 serve component, and members not assigned to units orga18 nized to serve as units, to active duty for a limited expan19 sion of the active armed forces.

20 ‘‘§ 10208. Annual mobilization exercise

21 ‘‘(a) The Secretary of Defense shall conduct at least

22 one major mobilization exercise each year. The exercise

23 should be as comprehensive and as realistic as possible and

24 should include the participation of associated active compo25 nent and reserve component units.
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1 ‘‘(b) The Secretary shall maintain a plan to test peri2 odically each active component and reserve component unit

3 based in the United States and all interactions of such

4 units, as well as the sustainment of the forces mobilized as

5 part of the exercise, with the objective of permitting an eval6 uation of the adequacy of resource allocation and planning.

7 ‘‘§ 10209. Regular and reserve components: discrimi8 nation prohibited

9 ‘‘Laws applying to both Regulars and Reserves shall

10 be administered without discrimination—

11 ‘‘(1) among Regulars;

12 ‘‘(2) among Reserves; and

13 ‘‘(3) between Regulars and Reserves.

14 ‘‘§ 10210. Dissemination of information

15 ‘‘The Secretary of Defense shall require the complete

16 and current dissemination, to all Reserves and to the pub17 lic, of information of interest to the reserve components.

18 ‘‘§ 10211. Policies and regulations: participation of

19 Reserve officers in preparation and ad20 ministration

21 ‘‘Within such numbers and in such grades and assign22 ments as the Secretary concerned may prescribe, each

23 armed force shall have officers of its reserve components on

24 active duty (other than for training) at the seat of govern25 ment, and at headquarters responsible for reserve affairs,
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1 to participate in preparing and administering the policies

2 and regulations affecting those reserve components. While

3 so serving, such an officer is an additional number of any

4 staff with which he is serving.

5 ‘‘§ 10212. Gratuitous services of officers: authority to

6 accept

7 ‘‘Notwithstanding section 1342 of title 31, the Sec8 retary of a military department may accept the gratuitous

9 services of an officer of a reserve component under the Sec10 retary’s jurisdiction (other than an officer of the Army Na11 tional Guard of the United States or the Air National

12 Guard of the United States)—

13 ‘‘(1) in the furtherance of the enrollment, organi14 zation, and training of that officer’s reserve compo15 nent or the Reserve Officers’ Training Corps; or

16 ‘‘(2) in consultation upon matters relating to the

17 armed forces.

18 ‘‘§ 10213. Reserve components: dual membership pro19 hibited

20 ‘‘Except as otherwise provided in this title, no person

21 may be a member of more than one reserve component at

22 the same time.
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1 ‘‘§ 10214. Adjutants general and assistant adjutants

2 general: reference to other officers of Na3 tional Guard

4 ‘‘In any case in which, under the laws of a State, an

5 officer of the National Guard of that jurisdiction, other than

6 the adjutant general or an assistant adjutant general, nor7 mally performs the duties of that office, the references in

8 sections 12004(b)(1), 12215, 12642(c), 14507(b), 14508(e),

9 and 14512 of this title to the adjutant general or the assist10 ant adjutant general shall be applied to that officer instead

11 of to the adjutant general or assistant adjutant general.

12 ‘‘§ 10215. Officers of Army National Guard of the Unit13 ed States and Air National Guard of the

14 United States: authority with respect to

15 Federal status

16 ‘‘(a)(1) Officers of the Army National Guard of the

17 United States who are not on active duty—

18 ‘‘(A) may order members of the Army National

19 Guard of the United States to active duty for train20 ing under section 12301(d) of this title; and

21 ‘‘(B) with the approval of the Secretary of the

22 Air Force, may order members of the Air National

23 Guard of the United States to active duty for train24 ing under that section.

25 ‘‘(2) Officers of the Air National Guard of the United

26 States who are not on active duty—
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1 ‘‘(A) may order members of the Air National

2 Guard of the United States to active duty for train3 ing under section 12301(d) of this title; and

4 ‘‘(B) with the approval of the Secretary of the

5 Army, may order members of the Army National

6 Guard of the United States to active duty for train7 ing under that section.

8 ‘‘(b) Officers of the Army National Guard of the Unit9 ed States or the Air National Guard of the United States

10 who are not on active duty—

11 ‘‘(1) may enlist, reenlist, or extend the enlist12 ments of persons as Reserves of the Army or Reserves

13 of the Air Force for service in the Army National

14 Guard of the United States or the Air National

15 Guard of the United States, as the case may be; and

16 ‘‘(2) with respect to their Federal status, may

17 promote or discharge persons enlisted or reenlisted as

18 Reserves of the Army or Reserves of the Air Force for

19 that service.

20 ‘‘(c) This section shall be carried out under regulations

21 prescribed by the Secretary of the Army, with respect to

22 matters concerning the Army, and by the Secretary of the

23 Air Force, with respect to matters concerning the Air

24 Force.’’.
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1 (2)(A) Sections 261 through 265 and 267 through 281

2 are repealed.

3 (B) Chapter 11 is amended by striking out the table

4 of sections at the beginning and inserting in lieu thereof

5 the following:

‘‘Sec.

‘‘261. Reference to chapters 1003, 1005, and 1007.

6 ‘‘§ 261. Reference to chapters 1003, 1005, and 1007

7 ‘‘Provisions of law relating to the reserve components

8 generally, including provisions relating to the organization

9 and administration of the reserve components, are set forth

10 in chapter 1003 (beginning with section 10101), chapter

11 1005 (beginning with section 10141), and chapter 1007 (be12 ginning with section 10201) of this title.’’.

13 (3)(A) Chapter 519 and sections 652, 2001, 3076

14 through 3080, and 8076 through 8080 are repealed.

15 (B) Section 552(e) of Public Law 98–525 is repealed.

16 (4) Section 1004 is amended—

17 (A) by striking out subsections (a) and (b); and

18 (B) by striking out ‘‘(c)’’ before ‘‘Except as oth19 erwise provided’’.

20 (5)(A) Section 10147(a), as added by paragraph (1),

21 applies only to persons who were inducted, enlisted, or ap22 pointed in an armed force after August 9, 1955.

23 (B) Section 10148(b), as added by paragraph (1), ap24 plies only to persons who became members of the Army Na-
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1 tional Guard of the United States or the Air National

2 Guard of the United States after October 4, 1961.

3 (b) BOARDS AND COMMITTEES.—(1) Part I of subtitle

4 E (as added by subsection (a)) is amended by adding at

5 the end the following:

6 ‘‘CHAPTER 1009—RESERVE FORCES POLICY

7 BOARDS AND COMMITTEES

‘‘Sec.

‘‘10301. Reserve Forces Policy Board.

‘‘10302. Army Reserve Forces Policy Committee.

‘‘10303. Naval Reserve Policy Board.

‘‘10304. Marine Corps Reserve Policy Board.

‘‘10305. Air Force Reserve Forces Policy Committee.

8 ‘‘§ 10301. Reserve Forces Policy Board

9 ‘‘(a) There is in the Office of the Secretary of Defense

10 a Reserve Forces Policy Board. The Board consists of the

11 following:

12 ‘‘(1) A civilian chairman appointed by the Sec13 retary of Defense.

14 ‘‘(2) The Assistant Secretary of the Army for

15 Manpower and Reserve Affairs, the Assistant Sec16 retary of the Navy for Manpower and Reserve Affairs,

17 and the Assistant Secretary of the Air Force for Man18 power and Reserve Affairs.

19 ‘‘(3) An officer of the Regular Army designated

20 by the Secretary of the Army.
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1 ‘‘(4) An officer of the Regular Navy or Regular

2 Marine Corps designated by the Secretary of the

3 Navy.

4 ‘‘(5) An officer of the Regular Air Force des5 ignated by the Secretary of the Air Force.

6 ‘‘(6) Four reserve officers designated by the Sec7 retary of Defense upon the recommendation of the

8 Secretary of the Army, two of whom must be members

9 of the Army National Guard of the United States,

10 and two of whom must be members of the Army Re11 serve.

12 ‘‘(7) Four reserve officers designated by the Sec13 retary of Defense upon the recommendation of the

14 Secretary of the Navy, two of whom must be members

15 of the Naval Reserve, and two of whom must be mem16 bers of the Marine Corps Reserve.

17 ‘‘(8) Four reserve officers designated by the Sec18 retary of Defense upon the recommendation of the

19 Secretary of the Air Force, two of whom must be

20 members of the Air National Guard of the United

21 States, and two of whom must be members of the Air

22 Force Reserve.

23 ‘‘(9) A reserve officer of the Army, Navy, Air

24 Force, or Marine Corps who is a general officer or

25 flag officer designated by the Chairman of the Board
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1 with the approval of the Secretary of Defense, and

2 who serves without vote as military adviser to the

3 Chairman and as executive officer of the Board.

4 ‘‘(b) Whenever the Coast Guard is not operating as a

5 service in the Navy, the Secretary of Transportation may

6 designate two officers of the Coast Guard, Regular or Re7 serve, to serve as voting members of the Board.

8 ‘‘(c) The Board, acting through the Assistant Secretary

9 of Defense for Reserve Affairs, is the principal policy ad10 viser to the Secretary of Defense on matters relating to the

11 reserve components.

12 ‘‘(d) This section does not affect the committees on re13 serve policies prescribed within the military departments

14 by sections 10302 through 10305 of this title.

15 ‘‘(e) A member of a committee or board prescribed

16 under a section listed in subsection (d) may, if otherwise

17 eligible, be a member of the Reserve Forces Policy Board.

18 ‘‘(f) The Board shall act on those matters referred to

19 it by the Chairman and, in addition, on any matter raised

20 by a member of the Board.

21 ‘‘§ 10303. Naval Reserve Policy Board

22 ‘‘A Naval Reserve Policy Board shall be convened at

23 least once annually at the seat of government to consider,

24 recommend, and report to the Secretary of the Navy on re-
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1 serve policy matters. At least half of the members of the

2 Board must be officers of the Naval Reserve.

3 ‘‘§ 10304. Marine Corps Reserve Policy Board

4 ‘‘A Marine Corps Reserve Policy Board shall be con5 vened at least once annually at the seat of government to

6 consider, recommend, and report to the Secretary of the

7 Navy on reserve policy matters. At least half of the members

8 of the Board must be officers of the Marine Corps Reserve.’’.

9 (2)(A) Section 3021 is transferred to chapter 1009 (as

10 added by paragraph (1)), inserted after section 10301, and

11 redesignated as section 10302.

12 (B) Section 8021 is transferred to chapter 1009 (as

13 added by paragraph (1)), inserted after section 10304, and

14 redesignated as section 10305.

15 (3) The text of section 175 is amended to read as

16 follows:

17 ‘‘There is in the Office of the Secretary of Defense a

18 Reserve Forces Policy Board. The functions, membership,

19 and organization of that board are set forth in section

20 10301 of this title.’’.

21 (4)(A) Chapter 303 (as amended by paragraph (2)(A))

22 is amended by adding at the end the following:

23 ‘‘§ 3021. Army Reserve Forces Policy Committee

24 ‘‘There is in the Office of the Secretary of the Army

25 an Army Reserve Forces Policy Committee. The functions,
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1 membership, and organization of that committee are set

2 forth in section 10302 of this title.’’.

3 (B) Chapter 803 (as amended by paragraph (2)(B))

4 is amended by adding at the end the following:

5 ‘‘§ 8021. Air Force Reserve Forces Policy Committee

6 ‘‘There is in the Office of the Secretary of the Air Force

7 an Air Force Reserve Forces Policy Committee. The func8 tions, membership, and organization of that committee are

9 set forth in section 10305 of this title.’’.

10 (c) NATIONAL GUARD BUREAU.—(1) Part I of subtitle

11 E, as added by subsection (a), is amended by adding after

12 chapter 1009, as added by subsection (b), the following:

13 ‘‘CHAPTER 1011—NATIONAL GUARD BUREAU

‘‘Sec.

‘‘10501. National Guard Bureau: organization; function.

‘‘10502. Chief of Bureau: appointment.

‘‘10503. Chief of Bureau: term of office; grade; filling vacancy.

‘‘10504. National Guard Bureau: assignment of officers of regular or reserve components.

14 ‘‘§ 10501. National Guard Bureau: organization; func15 tion

16 ‘‘There is a National Guard Bureau, which is a joint

17 bureau of the Department of the Army and the Department

18 of the Air Force. The National Guard Bureau is the channel

19 of communication between the departments concerned and

20 the several States, Territories, Puerto Rico, and the District

21 of Columbia on all matters pertaining to the National
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1 Guard, the Army National Guard of the United States, and

2 the Air National Guard of the United States.

3 ‘‘§ 10502. Chief of Bureau: appointment

4 ‘‘(a) CHIEF.—The National Guard Bureau is headed

5 by a chief who is the adviser to the Army Chief of Staff

6 and the Air Force Chief of Staff on National Guard

7 matters.

8 ‘‘(b) APPOINTMENT.—The President, by and with the

9 advice and consent of the Senate, shall appoint the Chief

10 of the Bureau from officers of the Army National Guard

11 of the United States or the Air National Guard of the Unit12 ed States who—

13 ‘‘(1) have been recommended by their respective

14 governors;

15 ‘‘(2) have had at least 10 years of commissioned

16 service in the active National Guard; and

17 ‘‘(3) are in a grade above lieutenant colonel.

18 ‘‘§ 10503. Chief of Bureau: term of office; grade; filling

19 vacancy

20 ‘‘(a) TERM OF OFFICE.—The Chief of the National

21 Guard Bureau holds office for four years, but may be re22 moved for cause at any time. An officer may not hold the

23 office of Chief of the Bureau after attaining 64 years of

24 age. He is eligible to succeed himself. While holding that

25 office, the Chief of the Bureau may not be removed from
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1 the reserve active-status list, or from an active status, under

2 any provision of law that otherwise would require such re3 moval due to completion of a specified number of years of

4 service or a specified number of years of service in grade.

5 ‘‘(b) GRADE WHILE SERVING.—If an officer appointed

6 as Chief of the National Guard Bureau holds a lower reserve

7 grade, the officer shall be appointed as a Reserve in his

8 armed force in the grade of major general for service in

9 the Army National Guard of the United States or the Air

10 National Guard of the United States, as the case may be,

11 while serving as Chief of the Bureau.

12 ‘‘(c) DISABILITY; VACANCY.—If the Chief of the Bureau

13 is unable, because of disability, to perform the functions of

14 his office, or if that office is vacant, the senior officer of

15 the Army National Guard of the United States or the Air

16 National Guard of the United States on duty in the Bureau

17 shall act as its chief until the disability ceases or a successor

18 is appointed.

19 ‘‘§ 10504. National Guard Bureau: assignment of offi20 cers of regular or reserve components

21 ‘‘Except as provided in section 12402(b) of this title,

22 the President may assign to duty in the National Guard

23 Bureau as many regular or reserve officers of the Army and

24 the Air Force as he considers necessary.’’.
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1 (2) Section 3040 (as amended by section 1351) and

2 sections 3541 and 8541 are repealed.

3 (d) ANNUAL REPORTS TO CONGRESS.—(1) Part I of

4 subtitle E, as added by subsection (a), is amended by add5 ing after chapter 1011, as added by subsection (c), the fol6 lowing:

7 ‘‘CHAPTER 1013—BUDGET INFORMATION AND

8 ANNUAL REPORTS TO CONGRESS

‘‘Sec.

‘‘10541. National Guard and reserve component equipment: annual report to

Congress.

‘‘10542. Army National Guard combat readiness: annual report.’’.

9 (2)(A) Section 115b is transferred to chapter 1013, as

10 added by paragraph (1), inserted after the table of sections,

11 and redesignated as section 10541.

12 (B) The heading of that section is amended to read

13 as follows:

14 ‘‘§ 10541. National Guard and reserve component

15 equipment: annual report to Congress’’.

16 (3) Section 3082 is transferred to chapter 1013, as

17 added by paragraph (1), inserted after section 10541 (as

18 transferred and redesignated by paragraph (2)), redesig19 nated as section 10542, and amended by striking out the

20 word in the section heading before the colon and by striking

21 out subsection (c).
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1 SEC. 1362. LAWS RELATING TO RESERVE COMPONENT PER2 SONNEL POLICY.

3 (a) STRENGTH AND DISTRIBUTION IN GRADE.—(1)

4 Subtitle E, as added by section 1311, is amended by insert5 ing after part I of such subtitle, as added by section 1361,

6 the following:

7 ‘‘PART II—PERSONNEL GENERALLY

‘‘Chap. Sec.

‘‘1201. Authorized Strengths and Distribution in Grade ............................ 12001

‘‘1203. Enlisted Members ................................................................................ 12101

‘‘1205. Appointment of Reserve Officers ........................................................ 12201

‘‘1207. Warrant Officers ................................................................................. 12241

‘‘1209. Active Duty ......................................................................................... 12301

‘‘1211. National Guard Members in Federal Service ................................... 12401

‘‘1213. Special Appointments, Assignments, Details, and Duties ............... 12501

‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]

‘‘1217. Miscellaneous Rights and Benefits .................................................... 12601

‘‘1219. Standards and Procedures for Retention and Promotion ............... 12641

‘‘1221. Separation ........................................................................................... 12681

‘‘1223. Retired Pay for Non-Regular Service ............................................... 12731

‘‘1225. Retired Grade ...................................................................................... 12771

8 ‘‘CHAPTER 1201—AUTHORIZED STRENGTHS AND DISTRIBU9 TION IN GRADE

‘‘Sec.

‘‘12001. Authorized strengths: reserve components.

‘‘12002. Authorized strengths: Army and Air Force reserve components, exclusive

of members on active duty.

‘‘12003. Authorized strengths: commissioned officers active status.

‘‘12004. Strength in grade: reserve general and flag officers in an active status.

‘‘12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status.

‘‘12006. Strength limitations: authority to waive in time of war or national emergency.

‘‘12007. Reserve officers of the Army: distribution.

‘‘12008. Army Reserve and Air Force Reserve: warrant officers.

‘‘12009. Army and Air Force reserve components: temporary increases.

‘‘12010. Computations for Naval Reserve and Marine Corps Reserve: rule when

fraction occurs in final result.
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‘‘12011. Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard.

‘‘12012. Authorized strengths: senior enlisted members on active duty or on fulltime National Guard duty for administration of the reserves or

the National Guard.

1 ‘‘§ 12001. Authorized strengths: reserve components

2 ‘‘(a) Whenever the authorized strength of a reserve

3 component (other than the Coast Guard Reserve) is not pre4 scribed by law, it shall be prescribed by the President.

5 ‘‘(b) Subject to the authorized strength of the reserve

6 component concerned, the authorized strength of each re7 serve component (other than the Coast Guard Reserve) in

8 members in each grade is that which the Secretary con9 cerned determines to be necessary to provide for mobiliza10 tion requirements. The Secretary shall review these deter11 minations at least once each year and revise them if he con12 siders it necessary. However, a member of the reserve com13 ponent concerned may not, as a result of such a determina14 tion, be reduced in the member’s reserve grade without the

15 member’s consent.

16 ‘‘§ 12002. Authorized strengths: Army and Air Force

17 reserve components, exclusive of members

18 on active duty

19 ‘‘(a) The authorized strengths of the National Guard

20 and the reserve components of the Army and the Air Force,

21 exclusive of members who are included in the strengths au-
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1 thorized for members of the Army and Air Force, respec2 tively, on active duty, are as follows:

‘‘Army National Guard and the Army National Guard of the

United States .......................................................................................... 600,000

‘‘Army Reserve ............................................................................... 980,000

‘‘Air National Guard and the Air National Guard of the United States .................................................................................................. 150,000

‘‘Air Force Reserve ......................................................................... 500,000.

3 ‘‘(b) The strength authorized by this section for the

4 Army National Guard and the Army National Guard of

5 the United States, and the strength authorized by this sec6 tion for the Air National Guard and the Air National

7 Guard of the United States, shall be allocated among the

8 States.

9 ‘‘§ 12003. Authorized strengths: commissioned officers

10 in an active status

11 ‘‘(a) The authorized strengths of the Army, Navy, Air

12 Force, and Marine Corps in reserve commissioned officers,

13 other than commissioned warrant officers and officers on

14 an active-duty list, in an active status are as follows:

‘‘Army ............................................................................................. 275,000

‘‘Air Force ...................................................................................... 200,000

‘‘Navy .............................................................................................. 150,000

‘‘Marine Corps ............................................................................... 24,500.

15 ‘‘(b) The authorized strengths prescribed by subsection

16 (a) may not be exceeded unless—

17 ‘‘(1) the Secretary concerned determines that a

18 greater number is necessary for planned mobilization

19 requirements; or
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1 ‘‘(2) the excess results directly from the operation

2 of a nondiscretionary provision of law.

3 ‘‘§ 12004. Strength in grade: reserve general and flag

4 officers in an active status

5 ‘‘(a) The authorized strengths of the Army, Air Force,

6 and Marine Corps in reserve general officers in an active

7 status, and the authorized strength of the Navy in reserve

8 officers in the grades of rear admiral (lower half) and rear

9 admiral in an active-status, are as follows:

‘‘Army ............................................................................................. 207

‘‘Air Force ...................................................................................... 157

‘‘Navy .............................................................................................. 48

‘‘Marine Corps ............................................................................... 10.

10 ‘‘(b) The following Army and Air Force reserve officers

11 shall not be counted for purposes of this section:

12 ‘‘(1) Those serving as adjutants general or assist13 ant adjutants general of a State.

14 ‘‘(2) Those serving in the National Guard

15 Bureau.

16 ‘‘(3) Those counted under section 526 of this

17 title.

18 ‘‘(c)(1) The authorized strength of the Navy under sub19 section (a) is exclusive of officers counted under section 526

20 of this title. Of the number authorized under subsection (a),

21 39 are distributed among the line and the staff corps as

22 follows:

‘‘Line ..................................................................................................... 28

‘‘Medical Corps ..................................................................................... 5
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‘‘Chaplain Corps ................................................................................... 1

‘‘Judge Advocate General’s Corps ....................................................... 1

‘‘Dental Corps ....................................................................................... 2

‘‘Nurse Corps ........................................................................................ 1

‘‘Medical Service Corps ........................................................................ 1

1 ‘‘(2) The remaining authorizations for the Navy under

2 subsection (a) shall be distributed among such other staff

3 corps as are established by the Secretary of the Navy under

4 the authority provided by section 5150(b) of this title, ex5 cept that—

6 ‘‘(A) if the Secretary has established a Supply

7 Corps, the authorized strength for the Supply Corps

8 shall be seven; and

9 ‘‘(B) if the Secretary has established a Civil En10 gineering Corps, the authorized strength for the Civil

11 Engineering Corps shall be two.

12 ‘‘(3) Not more than 50 percent of the officers in an

13 active status authorized under this section for the Navy may

14 serve in the grade of rear admiral.

15 ‘‘(d) The authorized strength of the Marine Corps

16 under subsection (a) is exclusive of those counted under sec17 tion 526 of this title.

18 ‘‘(e)(1) A reserve general officer of the Army or Air

19 Force may not be reduced in grade because of a reduction

20 in the number of general officers authorized under

21 subsection (a).

22 ‘‘(2) An officer of the Naval Reserve or the Marine

23 Corps Reserve may not be reduced in permanent grade be-
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1 cause of a reduction in the number authorized by this sec2 tion for his grade.

3 ‘‘§ 12005. Strength in grade: commissioned officers in

4 grades below brigadier general or rear

5 admiral (lower half) in an active status

6 ‘‘(a)(1) Subject to paragraph (2), the authorized

7 strength of the Army and the Air Force in reserve commis8 sioned officers in an active status in each grade named in

9 paragraph (2) is as prescribed by the Secretary of the Army

10 or the Secretary of the Air Force, respectively. A vacancy

11 in any grade may be filled by an authorized appointment

12 in any lower grade.

13 ‘‘(2) A strength prescribed by the Secretary concerned

14 under paragraph (1) for a grade may not be higher than

15 the percentage of the strength authorized for the Army or

16 the Air Force, as the case may be, under section 12003 of

17 this title that is specified for that grade as follows:

Grade Army percentage

Air Force

percentage

Colonel ............................................................................ 2 1.8

Lieutenant colonel ......................................................... 6 4.6

Major .............................................................................. 13 14.0

Captain .......................................................................... 35 32.0

First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) ........... 44 47.6

18 ‘‘(b)(1) The authorized strengths of the Naval Reserve

19 in line officers in an active status in the grades of captain,

20 commander, lieutenant commander, and lieutenant, and in
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1 the grades of lieutenant (junior grade) and ensign com2 bined, are the following percentages of the total authorized

3 number of those officers:

‘‘Captain ......................................................................................... 1.5 percent

‘‘Commander ................................................................................... 7 percent

‘‘Lieutenant commander ................................................................ 22 percent

‘‘Lieutenant ..................................................................................... 37 percent

‘‘Lieutenant (junior grade) and ensign (when combined with

the number authorized for flag officer grades under section

12004 of this title) ...................................................................... 32.5 percent.

4 ‘‘(2) When the actual number of line officers in an ac5 tive status in any grade is less than the number authorized

6 by paragraph (1) for that grade, the difference may be ap7 plied to increase the number authorized by that paragraph

8 for any lower grade or grades.

9 ‘‘(c)(1) The authorized strengths of the Marine Corps

10 Reserve in officers in an active status in the grades of colo11 nel, lieutenant colonel, major, and captain, and in the

12 grades of first lieutenant and second lieutenant combined,

13 are the following percentages of the total authorized number

14 of those officers:

‘‘Colonel ........................................................................................... 2 percent

‘‘Lieutenant colonel ........................................................................ 6 percent

‘‘Major ............................................................................................. 12 percent

‘‘Captain ......................................................................................... 35 percent

‘‘First lieutenant and second lieutenant (when combined with

the number authorized for general officer grades under section 12004 of this title) .............................................................. 32.5 percent.

15 ‘‘(2) When the actual number of officers in an active

16 status in any grade is less than the number authorized by

17 paragraph (1) for that grade, the difference may be applied
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1 to increase the number authorized by that paragraph for

2 any lower grade or grades.

3 ‘‘(d)(1) An officer of the Army or Air Force may not

4 be reduced in grade because of a reduction in the number

5 of commissioned officers authorized for the officer’s grade

6 under this section.

7 ‘‘(2) An officer of the Naval Reserve or the Marine

8 Corps Reserve may not be reduced in permanent grade be9 cause of a reduction in the number authorized by this sec10 tion for his grade.

11 ‘‘§ 12006. Strength limitations: authority to waive in

12 time of war or national emergency

13 ‘‘(a) In time of war, or of national emergency declared

14 by Congress or the President, the President may suspend

15 the operation of any provision of section 12003, 12004, or

16 12005 of this title. So long as any such war or national

17 emergency continues, any such suspension may be extended

18 by the President.

19 ‘‘(b) Any suspension under subsection (a) shall, if not

20 sooner ended, end on the last day of the two-year period

21 beginning on the date on which the suspension (or the last

22 extension thereof) takes effect or on the last day of the one23 year period beginning on the date of the termination of the

24 war or national emergency, whichever occurs first. With re25 spect to the end of any such suspension, the preceding sen-
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1 tence supersedes the provisions of title II of the National

2 Emergencies Act (50 U.S.C. 1621, 1622) which provide that

3 powers or authorities exercised by reason of a national

4 emergency shall cease to be exercised after the date of termi5 nation of the emergency.

6 ‘‘§ 12007. Reserve officers of the Army: distribution

7 ‘‘The Secretary of the Army shall distribute the num8 ber of reserve commissioned officers, other than commis9 sioned warrant officers, authorized in each commissioned

10 grade between those assigned to reserve units organized to

11 serve as units and those not assigned to such units. The

12 Secretary shall distribute the number who are assigned to

13 reserve units organized to serve as units among the units

14 of each reserve component by prescribing appropriate tables

15 of organization and tables of distribution. The Secretary

16 shall distribute the number who are not assigned to such

17 units between—

18 ‘‘(1) each special branch; and

19 ‘‘(2) all other branches taken together.

20 ‘‘§ 12008. Army Reserve and Air Force Reserve: war21 rant officers

22 ‘‘The Secretary of the Army may prescribe the author23 ized strength of the Army Reserve in warrant officers. The

24 Secretary of the Air Force may prescribe the authorized

25 strength of the Air Force Reserve in warrant officers.
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1 ‘‘§ 12009. Army and Air Force reserve components:

2 temporary increases

3 ‘‘(a) The authorized strength in any reserve grade, as

4 prescribed under this chapter, for any reserve component

5 under the jurisdiction of the Secretary of the Army or the

6 Secretary of the Air Force is automatically increased to the

7 minimum extent necessary to give effect to each appoint8 ment made in that grade under section 1211(a), 3036,

9 14304(b), 14314, or 14317 of this title.

10 ‘‘(b) An authorized strength so increased is increased

11 for no other purpose. While an officer holds that grade, the

12 officer whose appointment caused the increase is counted

13 for the purpose of determining when other appointments,

14 not under those sections, may be made in that grade.

15 ‘‘§ 12010. Computations for Naval Reserve and Ma16 rine Corps Reserve: rule when fraction oc17 curs in final result

18 ‘‘When there is a fraction in the final result of any

19 computation under this chapter for the Naval Reserve or

20 the Marine Corps Reserve, a fraction of one-half or more

21 is counted as one, and a fraction of less than one-half is

22 disregarded.
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1 ‘‘§ 12012. Authorized strengths: senior enlisted mem2 bers on active duty or on full-time Na3 tional Guard duty for administration of

4 the reserves or National Guard

5 ‘‘(a) The number of enlisted members in pay grades

6 E–8 and E–9 who may be on active duty (other than for

7 training) or on full-time National Guard duty under the

8 authority of section 502(f) of title 32 (other than for train9 ing) as of the end of any fiscal year in connection with

10 organizing, administering, recruiting, instructing, or train11 ing the reserve components or the National Guard may not

12 exceed the number for that grade and armed force in the

13 following table:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ................................................................ 569 202 328 14

E–8 ................................................................ 2,585 429 840 74

14 ‘‘(b) Whenever the number of members serving in pay

15 grade E–9 for duty described in subsection (a) is less than

16 the number authorized for that grade under subsection (a),

17 the difference between the two numbers may be applied to

18 increase the number authorized under such subsection for

19 pay grade E–8.’’.

20 (2)(A) Section 524 is transferred to chapter 1201, as

21 added by paragraph (1), inserted after section 12010, and

22 redesignated as section 12011.
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1 (B) The heading of that section is amended to read

2 as follows:

3 ‘‘§ 12011. Authorized strengths: reserve officers on ac4 tive duty or on full-time National Guard

5 duty for administration of the reserves or

6 the National Guard’’.

7 (3) Chapter 531 and sections 3212, 3217 through 3225,

8 5454, 5456, 5457, 5458, 8212, and 8217 through 8225 are

9 repealed.

10 (4) Section 517 is amended—

11 (A) by striking out subsection (b); and

12 (B) by redesignating subsection (c) as subsection

13 (b) and in that subsection striking out ‘‘or whenever’’

14 and all that follows through ‘‘under subsection (b),’’.

15 (b) ENLISTMENTS.—(1) Part II of subtitle E, as added

16 by subsection (a), is amended by adding after chapter 1201

17 (as added by subsection (a)), the following:

18 ‘‘CHAPTER 1203—ENLISTED MEMBERS

‘‘Sec.

‘‘12101. Definition.

‘‘12102. Reserve components: qualifications.

‘‘12103. Reserve components: terms.

‘‘12104. Reserve components: transfers.

‘‘12105. Army Reserve and Air Force Reserve: transfer from Guard components.

‘‘12106. Army and Air Force Reserve: transfer to upon withdrawal as member of

National Guard.

‘‘12107. Army National Guard of United States; Air National Guard of the United States: enlistment in.
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1 ‘‘§ 12101. Definition

2 ‘‘In this chapter, the term ‘enlistment’ means original

3 enlistment or reenlistment.

4 ‘‘§ 12105. Army Reserve and Air Force Reserve: trans5 fer from Guard components

6 ‘‘(a) Under such regulations as the Secretary con7 cerned may prescribe—

8 ‘‘(1) an enlisted member of the Army National

9 Guard of the United States may be transferred in

10 grade to the Army Reserve; and

11 ‘‘(2) an enlisted member of the Air National

12 Guard of the United States may be transferred in

13 grade to the Air Force Reserve.

14 ‘‘(b) Upon such a transfer, the member transferred is

15 eligible for promotion to the highest regular or reserve grade

16 ever held by him in the Army, if transferred under sub17 section (a)(1), or the Air Force, if transferred under sub18 section (a)(2), if his service has been honorable.

19 ‘‘(c) A transfer under this section may only be made

20 with the consent of the governor or other appropriate au21 thority of the State concerned.

22 ‘‘§ 12106. Army and Air Force Reserve: transfer to

23 upon withdrawal as member of National

24 Guard

25 ‘‘(a) An enlisted member of the Army National Guard

26 of the United States who ceases to be a member of the Army
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1 National Guard becomes a member of the Army Reserve un2 less he is also discharged from his enlistment as a Reserve.

3 ‘‘(b) An enlisted member of the Air National Guard

4 of the United States who ceases to be a member of the Air

5 National Guard becomes a member of the Air Force Reserve

6 unless he is also discharged from his enlistment as a Re7 serve.

8 ‘‘(c) An enlisted member who becomes a member of the

9 Army Reserve or the Air Force Reserve under this section

10 ceases to be a member of the Army National Guard of the

11 United States or the Air National Guard of the United

12 States, as the case may be.

13 ‘‘§ 12107. Army National Guard of United States; Air

14 National Guard of the United States: en15 listment in

16 ‘‘(a) Except as provided in subsection (c), to become

17 an enlisted member of the Army National Guard of the

18 United States or the Air National Guard of the United

19 States, a person must—

20 ‘‘(1) be enlisted in the Army National Guard or

21 the Air National Guard, as the case may be;

22 ‘‘(2) subscribe to the oath set forth in section 304

23 of title 32; and

24 ‘‘(3) be a member of a federally recognized unit

25 or organization of the Army National Guard or the
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1 Air National Guard, as the case may be, in the grade

2 in which he is to be enlisted as a Reserve.

3 ‘‘(b)(1) Under regulations to be prescribed by the Sec4 retary of the Army, a person who enlists in the Army Na5 tional Guard, or whose term of enlistment in the Army Na6 tional Guard is extended, shall be concurrently enlisted, or

7 his term of enlistment shall be concurrently extended,

8 as the case may be, as a Reserve of the Army for service

9 in the Army National Guard of the United States.

10 ‘‘(2) Under regulations to be prescribed by the Sec11 retary of the Air Force, a person who enlists in the Air

12 National Guard, or whose term of enlistment in the Air

13 National Guard is extended, shall be concurrently enlisted,

14 or his term of enlistment shall be concurrently extended, as

15 the case may be, as a Reserve of the Air Force for service

16 in the Air National Guard of the United States.

17 ‘‘(c)(1) A member of the Army Reserve who enlists in

18 the Army National Guard in his reserve grade, and is a

19 member of a federally recognized unit or organization of

20 the Army National Guard, becomes a member of the Army

21 National Guard of the United States and ceases to be a

22 member of the Army Reserve.

23 ‘‘(2) A member of the Air Force Reserve who enlists

24 in the Air National Guard in his reserve grade, and is a

25 member of a federally recognized unit or organization of
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1 the Air National Guard, becomes a member of the Air Na2 tional Guard of the United States and ceases to be a mem3 ber of the Air Force Reserve.’’.

4 (2) Sections 510 (as amended by section 1331(a)), 511,

5 and 512 are transferred to chapter 1203, as added by para6 graph (1), inserted after section 12101, and redesignated

7 as follows:

Redesignated

Section section

510 ........................................................................................... 12102

511 ........................................................................................... 12103

512 ........................................................................................... 12104

8 (3) The following sections are repealed: sections 3259,

9 3260, 3261, 8259, 8260, and 8261.

10 (c) APPOINTMENT OF OFFICERS.—(1) Part II of sub11 title E, as added by subsection (a), is further amended by

12 adding after chapter 1203 (as added by subsection (b)) the

13 following:

14 ‘‘CHAPTER 1205—APPOINTMENT OF RESERVE

15 OFFICERS

‘‘Sec.

‘‘12201. Qualifications for appointment.

‘‘12202. Commissioned officer grades.

‘‘12203. Commissioned officers: appointment, how made; term.

‘‘12204. Commissioned officers: original appointment; limitation.

‘‘12205. Commissioned officers: appointment; educational requirement.

‘‘12206. Commissioned officers: appointment of former commissioned officers.

‘‘12207. Commissioned officers: service credit upon original appointment.

‘‘12208. Officers: appointment upon transfer.

‘‘12209. Officer candidates: enlisted Reserves.

‘‘12210. Attending Physician to the Congress: reserve grade while so serving.

‘‘12211. Officers: Army National Guard of United States.

‘‘12212. Officers: Air National Guard of United States.

‘‘12213. Officers; Army Reserve: transfer from Army National Guard of United

States.
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‘‘12214. Officers; Air Force Reserve: transfer from Air National Guard of United

States.

‘‘12215. Commissioned officers: reserve grade of adjutants general and assistant

adjutants general.

1 ‘‘§ 12215. Commissioned officers: reserve grade of ad2 jutants general and assistant adjutants

3 general

4 ‘‘(a) The adjutant general or an assistant adjutant

5 general of the Army National Guard of a State may, upon

6 being extended Federal recognition, be appointed as a re7 serve officer of the Army as of the date on which he is so

8 recognized.

9 ‘‘(b) The adjutant general or an assistant adjutant

10 general of the Air National Guard of a State may be ap11 pointed in the reserve commissioned grade in which Federal

12 recognition in the Air National Guard is extended to him.’’.

13 (2) Sections 591 (as amended by section 1331(b)), 592,

14 593 (as amended by section 1332), 594, 596, 596a (as added

15 by section 1333), 596b (as added by section 1334), and 595

16 are transferred (in that order) to chapter 1205, as added

17 by paragraph (1), inserted after the table of sections, and

18 redesignated as follows:

Redesignated

Section section

591 ........................................................................................... 12201

592 ........................................................................................... 12202

593 ........................................................................................... 12203

594 ........................................................................................... 12204

596 ........................................................................................... 12205

596a (as added by section 1333) ........................................... 12206

596b (as added by section 1334) ........................................... 12207

595 ........................................................................................... 12208
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1 (3) Sections 600, 600a, 3351, 8351, 3352 (as amended

2 by section 1336(a)), and 8352 are transferred (in that

3 order) to chapter 1205, as added by paragraph (1), inserted

4 after section 12208, and redesignated as follows:

Redesignated

Section section

600 ........................................................................................... 12209

600a ......................................................................................... 12210

3351 ......................................................................................... 12211

8351 ......................................................................................... 12212

3352 ......................................................................................... 12213

8352 ......................................................................................... 12214

5 (d) WARRANT OFFICERS.—(1) Part II of subtitle E,

6 as added by subsection (a), is further amended by adding

7 after chapter 1205 (as added by subsection (c)) the

8 following:

9 ‘‘CHAPTER 1207—WARRANT OFFICERS

‘‘Sec.

‘‘12241. Warrant officers: grades; appointment, how made; term.

‘‘12242. Warrant officers: promotion.

‘‘12243. Warrant officers: suspension of laws for promotions or mandatory retirement or separation during war or emergency.’’.

10 (2) Sections 597, 598, and 599 are transferred to chap11 ter 1207, as added by paragraph (1), inserted after the table

12 of sections, and redesignated as follows:

Redesignated

Section section

597 ........................................................................................... 12241

598 ........................................................................................... 12242

599 ........................................................................................... 12243

13 (3) Chapter 34 is amended to read as follows:
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1 ‘‘CHAPTER 34—APPOINTMENTS AS RESERVE

2 OFFICERS

‘‘Sec.

‘‘591. Reference to chapters 1205 and 1207.

3 ‘‘§ 591. Reference to chapters 1205 and 1207

4 ‘‘Provisions of law relating to appointments of reserve

5 officers other than warrant officers are set forth in chapter

6 1205 of this title (beginning with section 12201). Provisions

7 of law relating to appointments and promotion of reserve

8 warrant officers are set forth in chapter 1207 (beginning

9 with section 12241).’’.

10 (e) ACTIVE DUTY.—(1) Part II of subtitle E, as added

11 by subsection (a), is further amended by adding after chap12 ter 1207 (as added by subsection (d)) the following:

13 ‘‘CHAPTER 1209—ACTIVE DUTY

‘‘Sec.

‘‘12301. Reserve components generally.

‘‘12302. Ready Reserve.

‘‘12303. Ready Reserve: members not assigned to, or participating satisfactorily

in, units.

‘‘12304. Selected Reserve: order to active duty other than during war or national

emergency.

‘‘12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation.

‘‘12306. Standby Reserve.

‘‘12307. Retired Reserve.

‘‘12308. Retention on active duty after becoming qualified for retired pay.

‘‘12309. Reserve officers: use of in expansion of armed forces.

‘‘12310. Reserves: for organizing, administering, etc., reserve components.

‘‘12311. Active duty agreements.

‘‘12312. Active duty agreements: release from duty.

‘‘12313. Reserves: release from active duty.

‘‘12314. Reserves: kinds of duty.

‘‘12315. Reserves: duty with or without pay.

‘‘12316. Payment of certain Reserves while on duty.

‘‘12317. Reserves: theological students; limitations.

‘‘12318. Reserves on active duty: duties; funding.

‘‘12319. Ready Reserve: muster duty.
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‘‘12320. Reserve officers: grade in which ordered to active duty.

‘‘12321. Reserve Officer Training Corps units: limitation on number of Reserves

assigned.’’.

1 (2) Sections 672 through 687, section 689 (as amended

2 by section 1324), and section 690 are transferred to chapter

3 1209, as added by paragraph (1), inserted after the table

4 of sections, and redesignated as follows:

Redesignated

Section section

672 ........................................................................................... 12301

673 ........................................................................................... 12302

673a ......................................................................................... 12303

673b ......................................................................................... 12304

673c ......................................................................................... 12305

674 ........................................................................................... 12306

675 ........................................................................................... 12307

676 ........................................................................................... 12308

677 ........................................................................................... 12309

678 ........................................................................................... 12310

679 ........................................................................................... 12311

680 ........................................................................................... 12312

681 ........................................................................................... 12313

682 ........................................................................................... 12314

683 ........................................................................................... 12315

684 ........................................................................................... 12316

685 ........................................................................................... 12317

686 ........................................................................................... 12318

687 ........................................................................................... 12319

689 ........................................................................................... 12320

690 ........................................................................................... 12321

5 (3) The heading of section 12321 (as so redesignated)

6 is amended to read as follows:

7 ‘‘§ 12321. Reserve Officer Training Corps units: limita8 tion on number of Reserves assigned’’.

9 (4) Chapter 39 is amended by inserting after section

10 671b the following:
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1 ‘‘§ 672. Reference to chapter 1209

2 ‘‘Provisions of law relating to service of members of

3 reserve components on active duty are set forth in chapter

4 1209 of this title (beginning with section 12301).’’.

5 (f) NATIONAL GUARD MEMBERS IN FEDERAL SERV6 ICE.—(1) Part II of subtitle E, as added by subsection (a),

7 is further amended by adding after chapter 1209 (as added

8 by subsection (e)) the following:

9 ‘‘CHAPTER 1211—NATIONAL GUARD MEMBERS IN

10 FEDERAL SERVICE

‘‘Sec.

‘‘12401. Army and Air National Guard of United States: status.

‘‘12402. Army and Air National Guard of United States: commissioned officers;

duty in National Guard Bureau.

‘‘12403. Army and Air National Guard of United States: members; status in

which ordered into Federal service.

‘‘12404. Army and Air National Guard of United States: mobilization; maintenance of organization.

‘‘12405. National Guard in Federal service: status.

‘‘12406. National Guard in Federal service: call.

‘‘12407. National Guard in Federal service: period of service; apportionment.

‘‘12408. National Guard in Federal service: physical examination.

11 ‘‘§ 12401. Army and Air National Guard of the United

12 States: status

13 ‘‘Members of the Army National Guard of the United

14 States and the Air National Guard of the United States

15 are not in active Federal service except when ordered thereto

16 under law.
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1 ‘‘§ 12402. Army and Air National Guard of United

2 States: commissioned officers; duty in Na3 tional Guard Bureau

4 ‘‘(a) The President may, with their consent, order com5 missioned officers of the Army National Guard of the Unit6 ed States and the Air National Guard of the United States

7 to active duty in the National Guard Bureau.

8 ‘‘(b)(1) The number of officers of the Army National

9 Guard of the United States in grades below brigadier gen10 eral who are ordered to active duty in the National Guard

11 Bureau may not be more than 40 percent of the number

12 of officers of the Army authorized for duty in that Bureau

13 and, to the extent practicable, shall not exceed 40 percent

14 of the number of officers of the Army serving in that Bureau

15 in any grade below brigadier general.

16 ‘‘(2) The number of officers of the Air National Guard

17 of the United States in grades below brigadier general who

18 are ordered to active duty in the National Guard Bureau

19 may not be more than 40 percent of the number of officers

20 of the Air Force authorized for duty in that Bureau and,

21 to the extent practicable, shall not exceed 40 percent of the

22 number of officers of the Air Force serving in that Bureau

23 in any grade below brigadier general.
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1 ‘‘§ 12403. Army and Air National Guard of United

2 States: members; status in which ordered

3 into Federal service

4 ‘‘Members of the Army National Guard of the United

5 States ordered to active duty shall be ordered to duty as

6 Reserves of the Army. Members of the Air National Guard

7 of the United States ordered to active duty shall be ordered

8 to duty as Reserves of the Air Force.

9 ‘‘§ 12404. Army and Air National Guard of United

10 States: mobilization; maintenance of orga11 nization

12 ‘‘During an initial mobilization, the organization of

13 a unit of the Army National Guard of the United States

14 or of the Air National Guard of the United States ordered

15 into active Federal service shall, so far as practicable, be

16 maintained as it existed on the date of the order to duty.

17 ‘‘§ 12405. National Guard in Federal service: status

18 ‘‘Members of the National Guard called into Federal

19 service are, from the time when they are required to respond

20 to the call, subject to the laws and regulations governing

21 the Army or the Air Force, as the case may be, except those

22 applicable only to members of the Regular Army or Regular

23 Air Force, as the case may be.

24 ‘‘§ 12406. National Guard in Federal service: call

25 ‘‘Whenever—
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1 ‘‘(1) the United States, or any of the Territories,

2 Commonwealths, or possessions, is invaded or is in

3 danger of invasion by a foreign nation;

4 ‘‘(2) there is a rebellion or danger of a rebellion

5 against the authority of the Government of the United

6 States; or

7 ‘‘(3) the President is unable with the regular

8 forces to execute the laws of the United States;

9 the President may call into Federal service members and

10 units of the National Guard of any State in such numbers

11 as he considers necessary to repel the invasion, suppress the

12 rebellion, or execute those laws. Orders for these purposes

13 shall be issued through the governors of the States or, in

14 the case of the District of Columbia, through the command15 ing general of the National Guard of the District of Colum16 bia.

17 ‘‘§ 12407. National Guard in Federal service: period

18 of service; apportionment

19 ‘‘(a) Whenever the President calls the National Guard

20 of a State into Federal service, he may specify in the call

21 the period of the service. Members and units called shall

22 serve inside or outside the territory of the United States

23 during the term specified, unless sooner relieved by the

24 President. However, no member of the National Guard may
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1 be kept in Federal service beyond the term of his commission

2 or enlistment.

3 ‘‘(b) When the National Guard of a State is called into

4 Federal service with the National Guard of another of those

5 jurisdictions, the President may apportion the total number

6 called from the Army National Guard or from the Air Na7 tional Guard, as the case may be, on the basis of the popu8 lations of the jurisdictions affected by the call.

9 ‘‘§ 12408. National Guard in Federal service: physical

10 examination

11 ‘‘(a) Under regulations prescribed by the President,

12 each member of the National Guard called into Federal

13 service shall be examined as to physical fitness, without fur14 ther commission or enlistment.

15 ‘‘(b) Immediately before such a member is mustered

16 out of Federal service, he shall be examined as to physical

17 fitness. The record of this examination shall be retained by

18 the United States.’’.

19 (2) Sections 3495 through 3502 and 8495 through

20 8502 are repealed.

21 (g) MISCELLANEOUS PROVISIONS.—(1) Part II of sub22 title E, as added by subsection (a), is further amended by

23 adding after chapter 1211 (as added by subsection (f)) the

24 following:
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1 ‘‘CHAPTER 1213—SPECIAL APPOINTMENTS,

2 ASSIGNMENTS, DETAILS, AND DUTIES

‘‘Sec.

‘‘12501. Reserve components: detail of members of regular and reserve components

to assist.

‘‘12502. Chief and assistant chief of staff of National Guard divisions and wings

in Federal service: detail.

3 ‘‘§ 12501. Reserve components: detail of members of

4 regular and reserve components to assist

5 ‘‘The Secretary concerned shall detail such members of

6 the regular and reserve components under his jurisdiction

7 as are necessary to effectively develop, train, instruct, and

8 administer those reserve components.

9 ‘‘§ 12502. Chief and assistant chief of staff of National

10 Guard divisions and wings in Federal

11 service: detail

12 ‘‘(a) The President may detail a regular or reserve offi13 cer of the Army as chief of staff, and a regular or reserve

14 officer or an officer of the Army National Guard as assist15 ant to the chief of staff, of any division of the Army Na16 tional Guard that is in Federal service as an Army Na17 tional Guard organization.

18 ‘‘(b) The President may detail a regular or reserve offi19 cer of the Air Force as chief of staff, and a regular or reserve

20 officer or an officer of the Air National Guard as assistant

21 to the chief of staff, of any wing of the Air National Guard

22 that is in Federal service as an Air National Guard organi23 zation.
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1 ‘‘CHAPTER 1215—MISCELLANEOUS PROHIBITIONS

2 AND PENALTIES

3 ‘‘[No present sections]

4 ‘‘CHAPTER 1217—MISCELLANEOUS RIGHTS AND

5 BENEFITS

‘‘Sec.

‘‘12601. Compensation: Reserve on active duty accepting from any person.

‘‘12602. Members of Army National Guard of United States and Air National

Guard of United States: credit for service as members of National Guard.

6 ‘‘§ 12601. Compensation: Reserve on active duty ac7 cepting from any person

8 ‘‘Any Reserve who, before being ordered to active duty,

9 was receiving compensation from any person may, while

10 he is on that duty, receive compensation from that person.

11 ‘‘§ 12602. Members of Army National Guard of United

12 States and Air National Guard of United

13 States: credit for service as members of

14 National Guard

15 ‘‘(a) For the purposes of laws providing benefits for

16 members of the Army National Guard of the United States

17 and their dependents and beneficiaries—

18 ‘‘(1) military training, duty, or other service

19 performed by a member of the Army National Guard

20 of the United States in his status as a member of the

21 Army National Guard for which he is entitled to pay

22 from the United States shall be considered military
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1 training, duty, or other service, as the case may be,

2 in Federal service as a Reserve of the Army;

3 ‘‘(2) full-time National Guard duty performed by

4 a member of the Army National Guard of the United

5 States shall be considered active duty in Federal serv6 ice as a Reserve of the Army; and

7 ‘‘(3) inactive-duty training performed by a

8 member of the Army National Guard of the United

9 States in his status as a member of the Army Na10 tional Guard, in accordance with regulations pre11 scribed under section 502 of title 32 or other express

12 provision of law, shall be considered inactive-duty

13 training in Federal service as a Reserve of the Army.

14 ‘‘(b) For the purposes of laws providing benefits for

15 members of the Air National Guard of the United States

16 and their dependents and beneficiaries—

17 ‘‘(1) military training, duty, or other service

18 performed by a member of the Air National Guard of

19 the United States in his status as a member of the

20 Air National Guard for which he is entitled to pay

21 from the United States shall be considered military

22 training, duty, or other service, as the case may be,

23 in Federal service as a Reserve of the Air Force;

24 ‘‘(2) full-time National Guard duty performed by

25 a member of the Air National Guard of the United
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•S 2182 EAH

1 States shall be considered active duty in Federal serv2 ice as a Reserve of the Air Force; and

3 ‘‘(3) inactive-duty training performed by a

4 member of the Air National Guard of the United

5 States in his status as a member of the Air National

6 Guard, in accordance with regulations prescribed

7 under section 502 of title 32 or other express provi8 sion of law, shall be considered inactive-duty training

9 in Federal service as a Reserve of the Air Force.’’.

10 (2) Sections 715, 1033, 3542, 3686, 8542, and 8686

11 are repealed.

12 (h) STANDARDS AND PROCEDURES FOR RETENTION

13 AND PROMOTION.—(1) Part II of subtitle E, as added by

14 subsection (a), is further amended by adding after chapter

15 1217 (as added by subsection (g)) the following:

16 ‘‘CHAPTER 1219—STANDARDS AND PROCEDURES

17 FOR RETENTION AND PROMOTION

‘‘Sec.

‘‘12641. Standards and procedures: Secretary to prescribe.

‘‘12642. Standards and qualifications: result of failure to comply with.

‘‘12643. Boards for appointment, promotion, and certain other purposes: composition.

‘‘12644. Members physically not qualified for active duty: discharge or transfer

to retired status.

‘‘12645. Commissioned officers: retention until completion of required service.

‘‘12646. Commissioned officers: retention of after completing 18 or more, but less

than 20, years of service.

‘‘12647. Commissioned officers: retention in active status while assigned to Selective Service System or serving as United States property and

fiscal officers.’’.

18 (2) Sections 1001, 1002, 266, 1004 (as amended by

19 section 1361(b)(4)), and 1005 through 1007 are transferred
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1 (in that order) to chapter 1219, as added by paragraph (1),

2 inserted after the table of sections, and redesignated as fol3 lows:

Redesignated

Section section

1001 ......................................................................................... 12641

1002 ......................................................................................... 12642

266 ......................................................................................... 12643

1004 ......................................................................................... 12644

1005 ......................................................................................... 12645

1006 ......................................................................................... 12646

1007 ......................................................................................... 12647

4 (3) Section 1003 is repealed.

5 (4)(A) The heading of section 12641 (as so redesig6 nated) is amended to read as follows:

7 ‘‘§ 12641. Standards and procedures: Secretary to pre8 scribe’’.

9 (B) The heading of section 12644 (as so redesignated)

10 is amended to read as follows:

11 ‘‘§ 12644. Members physically not qualified for active

12 duty: discharge or transfer to retired sta13 tus’’.

14 (5) Chapter 51 is amended by striking out the table

15 of sections at the beginning and inserting in lieu thereof

16 the following:

‘‘Sec.

‘‘1001. Reference to chapter 1219.

17 ‘‘§ 1001. Reference to chapter 1219

18 ‘‘Provisions of law relating to standards and proce19 dures for retention and promotion of members of reserve
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1 components are set forth in chapter 1219 of this title (begin2 ning with section 12641).’’.

3 (i) SEPARATION.—(1) Part II of subtitle E, as added

4 by subsection (a), is further amended by adding after chap5 ter 1219 (as added by subsection (h)) the following:

6 ‘‘CHAPTER 1221—SEPARATION

‘‘Sec.

‘‘12681. Reserves: discharge authority.

‘‘12682. Reserves: discharge upon becoming ordained minister of religion.

‘‘12683. Reserve officers: limitation on involuntary separation.

‘‘12684. Reserves: separation for absence without authority or sentence to imprisonment.

‘‘12685. Reserves separated for cause: character of discharge.

‘‘12686. Reserves on active duty within two years of retirement eligibility: limitation on release from active duty.

7 ‘‘§ 12681. Reserves: discharge authority

8 ‘‘Subject to other provisions of this title, reserve com9 missioned officers may be discharged at the pleasure of the

10 President. Other Reserves may be discharged under regula11 tions prescribed by the Secretary concerned.

12 ‘‘§ 12682. Reserves: discharge upon becoming or13 dained minister of religion

14 ‘‘Under regulations to be prescribed by the Secretary

15 of Defense, a Reserve who becomes a regular or ordained

16 minister of religion is entitled upon his request to a dis17 charge from his reserve enlistment or appointment.

18 ‘‘§ 12683. Reserve officers: limitation on involuntary

19 separation

20 ‘‘(a) An officer of a reserve component who has at least

21 five years of service as a commissioned officer may not be
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1 separated from that component without his consent ex2 cept—

3 ‘‘(1) under an approved recommendation of a

4 board of officers convened by an authority designated

5 by the Secretary concerned; or

6 ‘‘(2) by the approved sentence of a court7 martial.

8 ‘‘(b) Subsection (a) does not apply—

9 ‘‘(1) to a separation under section 12684, 14901,

10 or 14907 of this title;

11 ‘‘(2) to a dismissal under section 1161(a) of this

12 title; or

13 ‘‘(3) to a transfer under section 12213, 12214,

14 14514, or 14515 of this title.

15 ‘‘§ 12684. Reserves: separation for absence without au16 thority or sentence to imprisonment

17 ‘‘The President or the Secretary concerned may drop

18 from the rolls of the armed force concerned any Reserve—

19 ‘‘(1) who has been absent without authority for

20 at least three months; or

21 ‘‘(2) who is sentenced to confinement in a Fed22 eral or State penitentiary or correctional institution

23 after having been found guilty of an offense by a

24 court other than a court-martial or other military

25 court, and whose sentence has become final.
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•S 2182 EAH

1 ‘‘§ 12685. Reserves separated for cause: character of

2 discharge

3 ‘‘A member of a reserve component who is separated

4 for cause, except under section 12684 of this title, is entitled

5 to a discharge under honorable conditions unless—

6 ‘‘(1) the member is discharged under conditions

7 other than honorable under an approved sentence of

8 a court-martial or under the approved findings of a

9 board of officers convened by an authority designated

10 by the Secretary concerned; or

11 ‘‘(2) the member consents to a discharge under

12 conditions other than honorable with a waiver of pro13 ceedings of a court-martial or a board.

14 ‘‘§ 12686. Reserves on active duty within two years of

15 retirement eligibility: limitation on re16 lease from active duty

17 ‘‘Under regulations to be prescribed by the Secretary

18 concerned, which shall be as uniform as practicable, a mem19 ber of a reserve component who is on active duty (other

20 than for training) and is within two years of becoming eli21 gible for retired pay or retainer pay under a purely mili22 tary retirement system, may not be involuntarily released

23 from that duty before he becomes eligible for that pay, unless

24 the release is approved by the Secretary.’’.

25 (2) Sections 1162 and 1163 are repealed.
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1 (j) RETIRED PAY.—(1) Chapter 67 is transferred to

2 part II of subtitle E, as added by subsection (a), inserted

3 after chapter 1221 (as added by subsection (i)), and amend4 ed to read as follows:

5 ‘‘CHAPTER 1223—RETIRED PAY FOR NON6 REGULAR SERVICE

‘‘Sec.

‘‘12731. Age and service requirements.

‘‘12731a. Temporary special retirement qualification authority.

‘‘12732. Entitlement to retired pay: computation of years of service.

‘‘12733. Computation of retired pay: computation of years of service.

‘‘12734. Time not creditable toward years of service.

‘‘12735. Inactive status list.

‘‘12736. Service credited for retired pay benefits not excluded for other benefits.

‘‘12737. Limitation on active duty.

‘‘12738. Limitations on revocation of retired pay.

‘‘12739. Computation of retired pay.

7 ‘‘§ 12731. Age and service requirements

8 ‘‘(a) Except as provided in subsection (c), a person is

9 entitled, upon application, to retired pay computed under

10 section 12739 of this title, if the person—

11 ‘‘(1) is at least 60 years of age;

12 ‘‘(2) has performed at least 20 years of service

13 computed under section 12732 of this title;

14 ‘‘(3) performed the last eight years of qualifying

15 service while a member of any category named in sec16 tion 12732(a)(1) of this title, but not while a member

17 of a regular component, the Fleet Reserve, or the Fleet

18 Marine Corps Reserve; and

19 ‘‘(4) is not entitled, under any other provision of

20 law, to retired pay from an armed force or retainer
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1 pay as a member of the Fleet Reserve or the Fleet Ma2 rine Corps Reserve.

3 ‘‘(b) Application for retired pay under this section

4 must be made to the Secretary of the military department,

5 or the Secretary of Transportation, as the case may be, hav6 ing jurisdiction at the time of application over the armed

7 force in which the applicant is serving or last served.

8 ‘‘(c)(1) A person who, before August 16, 1945, was a

9 Reserve of an armed force, or a member of the Army without

10 component or other category covered by section 12732(a)(1)

11 of this title except a regular component, is not eligible for

12 retired pay under this chapter unless—

13 ‘‘(A) the person performed active duty during

14 World War I or World War II; or

15 ‘‘(B) the person performed active duty (other

16 than for training) during the Korean conflict, the

17 Berlin crisis, or the Vietnam era.

18 ‘‘(2) In this subsection:

19 ‘‘(A) The term ‘World War I’ means the period

20 beginning on April 6, 1917, and ending on Novem21 ber 11, 1918.

22 ‘‘(B) The term ‘World War II’ means the period

23 beginning on September 9, 1940, and ending on De24 cember 31, 1946.
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•S 2182 EAH

1 ‘‘(C) The term ‘Korean conflict’ means the period

2 beginning on June 27, 1950, and ending on July 27,

3 1953.

4 ‘‘(D) The term ‘Berlin crisis’ means the period

5 beginning on August 14, 1961, and ending on May

6 30, 1963.

7 ‘‘(E) The term ‘Vietnam era’ means the period

8 beginning on August 5, 1964, and ending on

9 March 27, 1973.

10 ‘‘(d) The Secretary concerned shall notify each person

11 who has completed the years of service required for eligi12 bility for retired pay under this chapter. The notice shall

13 be sent, in writing, to the person concerned within one year

14 after the person completes that service. The notice shall in15 clude notice of the elections available to such person under

16 the Survivor Benefit Plan established under subchapter II

17 of chapter 73 of this title and the Supplemental Survivor

18 Benefit Plan established under subchapter III of that chap19 ter, and the effects of such elections.

20 ‘‘(e) Notwithstanding section 8301 of title 5, the date

21 of entitlement to retired pay under this section shall be the

22 date on which the requirements of subsection (a) have

23 been completed.
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1 ‘‘§ 12731a. Temporary special retirement qualifica2 tion authority

3 ‘‘(a) RETIREMENT WITH AT LEAST 15 YEARS OF

4 SERVICE.—For the purposes of section 12731 of this title,

5 the Secretary concerned may—

6 ‘‘(1) during the period described in subsection

7 (b), determine to treat a member of the Selected Re8 serve of a reserve component of the armed force under

9 the jurisdiction of that Secretary as having met the

10 service requirements of subsection (a)(2) of that sec11 tion and provide the member with the notification re12 quired by subsection (d) of that section if the mem13 ber—

14 ‘‘(A) as of October 1, 1991, has completed at

15 least 15, and less than 20, years of service com16 puted under section 12732 of this title; or

17 ‘‘(B) after that date and before October 1,

18 1999, completes 15 years of service computed

19 under that section; and

20 ‘‘(2) upon the request of the member submitted to

21 the Secretary, transfer the member to the Retired Re22 serve.

23 ‘‘(b) PERIOD OF AUTHORITY.—The period referred to

24 in subsection (a)(1) is the period beginning on October

25 23, 1992, and ending on October 1, 1999.
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1 ‘‘(c) APPLICABILITY SUBJECT TO NEEDS OF THE

2 SERVICE.—(1) The Secretary concerned may limit the ap3 plicability of subsection (a) to any category of personnel

4 defined by the Secretary in order to meet a need of the

5 armed force under the jurisdiction of the Secretary to reduce

6 the number of members in certain grades, the number of

7 members who have completed a certain number of years of

8 service, or the number of members who possess certain mili9 tary skills or are serving in designated competitive cat10 egories.

11 ‘‘(2) A limitation under paragraph (1) shall be con12 sistent with the purpose set forth in section 4414(a) of the

13 National Defense Authorization Act for Fiscal Year 1993

14 (Public Law 102–484; 106 Stat. 2713).

15 ‘‘(d) EXCLUSION.—This section does not apply to per16 sons referred to in section 12731(c) of this title.

17 ‘‘(e) REGULATIONS.—The authority provided in this

18 section shall be subject to regulations prescribed by the Sec19 retary of Defense and by the Secretary of Transportation

20 with respect to the Coast Guard.

21 ‘‘§ 12732. Entitlement to retired pay: computation of

22 years of service

23 ‘‘(a) Except as provided in subsection (b), for the pur24 pose of determining whether a person is entitled to retired
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1 pay under section 12731 of this title, the person’s years of

2 service are computed by adding the following:

3 ‘‘(1) The person’s years of service, before July 1,

4 1949, in the following:

5 ‘‘(A) The armed forces.

6 ‘‘(B) The federally recognized National

7 Guard before June 15, 1933.

8 ‘‘(C) A federally recognized status in the

9 National Guard before June 15, 1933.

10 ‘‘(D) The National Guard after June 14,

11 1933, if his service therein was continuous from

12 the date of his enlistment in the National Guard,

13 or his Federal recognition as an officer therein,

14 to the date of his enlistment or appointment, as

15 the case may be, in the National Guard of the

16 United States, the Army National Guard of the

17 United States, or the Air National Guard of the

18 United States.

19 ‘‘(E) The Naval Reserve Force.

20 ‘‘(F) The Naval Militia that conformed to

21 the standards prescribed by the Secretary of the

22 Navy.

23 ‘‘(G) The National Naval Volunteers.

24 ‘‘(H) The Army Nurse Corps, the Navy

25 Nurse Corps, the Nurse Corps Reserve of the
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1 Army, or the Nurse Corps Reserve of the Navy,

2 as it existed at any time after February 2, 1901.

3 ‘‘(I) The Army under an appointment

4 under the Act of December 22, 1942 (ch. 805,

5 56 Stat. 1072).

6 ‘‘(J) An active full-time status, except as a

7 student or apprentice, with the Medical Depart8 ment of the Army as a civilian employee—

9 ‘‘(i) in the dietetic or physical therapy

10 categories, if the service was performed after

11 April 6, 1917, and before April 1, 1943; or

12 ‘‘(ii) in the occupational therapy cat13 egory, if the service was performed before

14 appointment in the Army Nurse Corps or

15 the Women’s Medical Specialist Corps and

16 before January 1, 1949, or before appoint17 ment in the Air Force before January 1,

18 1949, with a view to designation as an Air

19 Force nurse or medical specialist.

20 ‘‘(2) Each one-year period, after July 1, 1949, in

21 which the person has been credited with at least 50

22 points on the following basis:

23 ‘‘(A) One point for each day of—

24 ‘‘(i) active service; or
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1 ‘‘(ii) full-time service under sections

2 316, 502, 503, 504, and 505 of title 32

3 while performing annual training duty or

4 while attending a prescribed course of in5 struction at a school designated as a service

6 school by law or by the Secretary concerned;

7 if that service conformed to required standards

8 and qualifications.

9 ‘‘(B) One point for each attendance at a

10 drill or period of equivalent instruction that was

11 prescribed for that year by the Secretary con12 cerned and conformed to the requirements pre13 scribed by law, including attendance under sec14 tion 502 of title 32.

15 ‘‘(C) Points at the rate of 15 a year for

16 membership—

17 ‘‘(i) in a reserve component of an

18 armed force,

19 ‘‘(ii) in the Army or the Air Force

20 without component, or

21 ‘‘(iii) in any other category covered by

22 subsection (a)(1) except a regular compo23 nent.

24 For the purpose of clauses (A), (B), and (C), service

25 in the National Guard shall be treated as if it were
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1 service in a reserve component, if the person con2 cerned was later appointed in the National Guard of

3 the United States, the Army National Guard of the

4 United States, the Air National Guard of the United

5 States, or as a Reserve of the Army or the Air Force,

6 and served continuously in the National Guard from

7 the date of his Federal recognition to the date of that

8 appointment.

9 ‘‘(3) The person’s years of active service in the

10 Commissioned Corps of the Public Health Service.

11 ‘‘(4) The person’s years of active commissioned

12 service in the National Oceanic and Atmospheric Ad13 ministration (including active commissioned service

14 in the Environmental Science Services Administra15 tion and in the Coast and Geodetic Survey).

16 ‘‘(b) The following service may not be counted under

17 subsection (a):

18 ‘‘(1) Service (other than active service) in an in19 active section of the Organized Reserve Corps or of the

20 Army Reserve, or in an inactive section of the officers’

21 section of the Air Force Reserve.

22 ‘‘(2) Service (other than active service) after

23 June 30, 1949, while on the Honorary Retired List

24 of the Naval Reserve or of the Marine Corps Reserve.

25 ‘‘(3) Service in the inactive National Guard.
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1 ‘‘(4) Service in a non-federally recognized status

2 in the National Guard.

3 ‘‘(5) Service in the Fleet Reserve or the Fleet Ma4 rine Corps Reserve.

5 ‘‘(6) Service as an inactive Reserve nurse of the

6 Army Nurse Corps established by the Act of February

7 2, 1901 (ch. 192, 31 Stat. 753), as amended, and

8 service before July 1, 1938, as an inactive Reserve

9 nurse of the Navy Nurse Corps established by the Act

10 of May 13, 1908 (ch. 166, 35 Stat. 146).

11 ‘‘(7) Service in any status other than that as

12 commissioned officer, warrant officer, nurse, flight of13 ficer, aviation midshipman, appointed aviation cadet,

14 or enlisted member, and that described in clauses (I)

15 and (J) of subsection (a)(1).

16 ‘‘§ 12733. Computation of retired pay: computation of

17 years of service

18 ‘‘For the purpose of computing the retired pay of a

19 person under this chapter, the person’s years of service and

20 any fraction of such a year are computed by dividing 360

21 into the sum of the following:

22 ‘‘(1) The person’s days of active service.

23 ‘‘(2) The person’s days of full-time service under

24 sections 316, 502, 503, 504, and 505 of title 32 while

25 performing annual training duty or while attending
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1 a prescribed course of instruction at a school desig2 nated as a service school by law or by the Secretary

3 concerned.

4 ‘‘(3) One day for each point credited to the per5 son under clause (B) or (C) of section 12732(a)(2) of

6 this title, but not more than 60 days in any one year.

7 ‘‘(4) 50 days for each year before July 1, 1949,

8 and proportionately for each fraction of a year, of

9 service (other than active service) in a reserve compo10 nent of an armed force, in the Army or the Air Force

11 without component, or in any other category covered

12 by section 12732(a)(1) of this title, except a regular

13 component.

14 ‘‘§ 12734. Time not creditable toward years of service

15 ‘‘(a) Service in an inactive status may not be counted

16 in any computation of years of service under this chapter.

17 ‘‘(b) Time spent after retirement (without pay) for

18 failure to conform to standards and qualifications pre19 scribed under section 12641 of this title may not be credited

20 in a computation of years of service under this chapter.

21 ‘‘§ 12735. Inactive status list

22 ‘‘(a) A member who would be eligible for retired pay

23 under this chapter but for the fact that that member is

24 under 60 years of age may be transferred, at his request

25 and by direction of the Secretary concerned, to such inactive
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1 status list as may be established for members of his armed

2 force, other than members of a regular component.

3 ‘‘(b) While on an inactive status list under subsection

4 (a), a member is not required to participate in any train5 ing or other program prescribed for his component.

6 ‘‘(c) The Secretary may at any time recall to active

7 status a member who is on an inactive status list under

8 subsection (a).

9 ‘‘§ 12736. Service credited for retired pay benefits not

10 excluded for other benefits

11 ‘‘No period of service included wholly or partly in de12 termining a person’s right to, or the amount of, retired pay

13 under this chapter may be excluded in determining his eli14 gibility for any annuity, pension, or old-age benefit, under

15 any other law, on account of civilian employment by the

16 United States or otherwise, or in determining the amount

17 payable under that law, if that service is otherwise properly

18 credited under it.

19 ‘‘§ 12737. Limitation on active duty

20 ‘‘A member of the armed forces may not be ordered

21 to active duty solely for the purpose of qualifying the mem22 ber for retired pay under this chapter.

23 ‘‘§ 12738. Limitations on revocation of retired pay

24 ‘‘(a) After a person is granted retired pay under this

25 chapter, or is notified in accordance with section 12731(d)
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1 of this title that the person has completed the years of serv2 ice required for eligibility for retired pay under this chap3 ter, the person’s eligibility for retired pay may not be de4 nied or revoked on the basis of any error, miscalculation,

5 misinformation, or administrative determination of years

6 of service performed as required by section 12731(a)(2) of

7 this title, unless it resulted directly from the fraud or mis8 representation of the person.

9 ‘‘(b) The number of years of creditable service upon

10 which retired pay is computed may be adjusted to correct

11 any error, miscalculation, misinformation, or administra12 tive determination and when such a correction is made the

13 person is entitled to retired pay in accordance with the

14 number of years of creditable service, as corrected, from the

15 date the person is granted retired pay.

16 ‘‘§ 12739. Computation of retired pay

17 ‘‘(a) The monthly retired pay of a person entitled to

18 that pay under this chapter is the product of—

19 ‘‘(1) the retired pay base for that person as com20 puted under section 1406(b)(2) or 1407 of this title;

21 and

‘‘(2) 21 22 ⁄2 percent of the years of service credited

23 to that person under section 12733 of this title.
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1 ‘‘(b) The amount computed under subsection (a) may

2 not exceed 75 percent of the retired pay base upon which

3 the computation is based.

4 ‘‘(c) Amounts computed under this section, if not a

5 multiple of $1, shall be rounded down to the next lower mul6 tiple of $1.’’.

7 (2) Section 1401(a) is amended by striking out for8 mula number 3 in the table set forth in that section.

9 (3) Section 1405(a)(3) is amended by striking out

10 ‘‘section 1333’’ and ‘‘section 1331’’ and inserting in lieu

11 thereof ‘‘section 12733’’ and ‘‘section 12731’’, respectively.

12 (4) Section 1406(b) is amended—

13 (A) by striking out the matter preceding the

14 table and inserting in lieu thereof the following:

15 ‘‘(b) RETIREMENT UNDER SUBTITLE A OR E.—

16 ‘‘(1) DISABILITY, WARRANT OFFICER, AND DOPMA

17 RETIREMENT.—In the case of a person whose retired

18 pay is computed under this subtitle, the retired pay

19 base is determined in accordance with the following

20 table.’’;

21 (B) in the table—

22 (i) by striking out the entry relating to sec23 tion 1331 (including the matter relating to that

24 entry in the column under the heading ‘‘The re25 tired pay base is:’’); and
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1 (ii) by redesignating the references to foot2 notes 3 and 4 so as to refer to footnotes 2 and

3 3, respectively;

4 (C) by striking out footnote 2 to the table and

5 redesignating footnotes 3 and 4 as footnotes 2 and 3,

6 respectively; and

7 (D) by adding at the end the following:

8 ‘‘(2) NON-REGULAR SERVICE RETIREMENT.—In

9 the case of a person who is entitled to retired pay

10 under section 12731 of this title, the retired pay base

11 is the monthly basic pay, determined at the rates ap12 plicable on the date when retired pay is granted, of

13 the highest grade held satisfactorily by the person at

14 any time in the armed forces. For purposes of the pre15 ceding sentence, the highest grade in which a person

16 served satisfactorily as an officer shall be determined

17 in accordance with section 1370(d) of this title.’’.

18 (5) Section 1407 is amended—

19 (A) in subsection (c)(2)(B), by striking out

20 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

21 1223’’; and

22 (B) in subsection (f)(2)—

23 (i) by striking out ‘‘CHAPTER 67’’ in the

24 heading and inserting in lieu thereof ‘‘CHAPTER

25 1223’’; and
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1 (ii) by striking out ‘‘section 1331’’ and in2 serting in lieu thereof ‘‘section 12731’’.

3 (6) Section 1409(a)(1)(B) is amended by striking out

4 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter 1223’’.

5 (7) Part II of subtitle A is amended by inserting after

6 chapter 65 the following:

7 ‘‘CHAPTER 67—RETIRED PAY FOR NONREGULAR

8 SERVICE

‘‘Sec.

‘‘1331. Reference to chapter 1223.

9 ‘‘§ 1331. Reference to chapter 1223

10 ‘‘Provisions of law relating to retired pay for

11 nonregular service are set forth in chapter 1223 of this title

12 (beginning with section 12731).’’.

13 (8) Section 6034 is repealed.

14 (k) RETIRED GRADE.—(1) Part II of subtitle E, as

15 added by subsection (a), is further amended by adding after

16 chapter 1223 (as added by subsection (j)) the following:

17 ‘‘CHAPTER 1225—RETIRED GRADE

‘‘Sec.

‘‘12771. Reserve officers: grade on transfer to Retired Reserve.

‘‘12772. Reserve commissioned officers who have served as Attending Physician to

the Congress: grade on transfer to Retired Reserve.

‘‘12773. Limitation on accrual of increased pay or benefits.

‘‘12774. Retired lists.

18 ‘‘§ 12771. Reserve officers: grade on transfer to Re19 tired Reserve

20 ‘‘Unless entitled to a higher grade under another provi21 sion of law, a reserve commissioned officer, other than a
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1 commissioned warrant officer, who is transferred to the Re2 tired Reserve is entitled to be placed on the retired list estab3 lished by section 12774(a) of this title in the highest grade

4 in which he served satisfactorily, as determined by the Sec5 retary concerned and in accordance with section 1370(d),

6 in the armed force in which he is serving on the date of

7 transfer.

8 ‘‘§ 12772. Reserve commissioned officers who have

9 served as Attending Physician to the Con10 gress: grade on transfer to Retired

11 Reserve

12 ‘‘Unless entitled to a higher grade under another provi13 sion of law, a reserve commissioned officer who is trans14 ferred to the Retired Reserve after having served in the posi15 tion of Attending Physician to the Congress is entitled to

16 be placed on the retired list established by section 12774(a)

17 of this title in the grade held by the officer while serving

18 in that position.

19 ‘‘§ 12773. Limitation on accrual of increased pay or

20 benefits

21 ‘‘Unless otherwise provided by law, no person is enti22 tled to increased pay or other benefits because of sections

23 12771 and 12772 of this title.
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1 ‘‘§ 12774. Retired lists

2 ‘‘(a) Under regulations prescribed by the Secretary

3 concerned, there shall be maintained retired lists containing

4 the names of the Reserves of the armed forces under the Sec5 retary’s jurisdiction who are in the Retired Reserve.

6 ‘‘(b) The Secretary of the Navy shall maintain a Unit7 ed States Naval Reserve Retired List containing the names

8 of members of the Naval Reserve and the Marine Corps Re9 serve entitled to retired pay.’’.

10 (2) Sections 1374 and 6017 are repealed.

11 (3)(A) Section 1376 is amended—

12 (i) by striking out subsection (a); and

13 (ii) by striking out ‘‘(b)’’ before ‘‘The Secretary

14 concerned’’.

15 (B) The heading of that section is amended to read

16 as follows:

17 ‘‘§ 1376. Temporary disability retired lists’’.

18 SEC. 1363. LAWS RELATING TO RESERVE COMPONENT

19 TRAINING AND EDUCATIONAL ASSISTANCE

20 PROGRAMS.

21 (a) TRAINING GENERALLY.—Subtitle E, as added by

22 section 1311, is amended by adding after part III of such

23 subtitle (as added by that section) the following:
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1 ‘‘PART IV—TRAINING FOR RESERVE COM2 PONENTS AND EDUCATIONAL ASSIST3 ANCE PROGRAMS

‘‘Chap. Sec.

‘‘1601. Training Generally ........................................................... [No present

sections]

‘‘1606. Educational Assistance for Members of the Selected Reserve .......... 16131

‘‘1608. Health Professions Stipend Program ................................................ 16201

‘‘1609. Education Loan Repayments ............................................................. 16301

4 ‘‘CHAPTER 1601—TRAINING GENERALLY

5 ‘‘[No present sections]’’.

6 (b) MONTGOMERY GI BILL FOR SELECTED RE7 SERVE.—(1) Part IV of subtitle E (as added by subsection

8 (a)) is amended by adding at the end the following:

9 ‘‘CHAPTER 1606—EDUCATIONAL ASSISTANCE FOR

10 MEMBERS OF THE SELECTED RESERVE

‘‘Sec.

‘‘16131. Educational assistance program: establishment; amount.

‘‘16132. Eligibility for educational assistance.

‘‘16133. Time limitations for use of entitlement.

‘‘16134. Termination of assistance.

‘‘16135. Failure to participate satisfactorily; penalties.

‘‘16136. Administration of program.

‘‘16137. Reports to Congress.’’.

11 (2) Sections 2131 through 2137 are transferred to

12 chapter 1606, as added by paragraph (1), inserted after the

13 table of sections, and redesignated as follows:

Redesignated

Section section

2131 ......................................................................................... 16131

2132 ......................................................................................... 16132

2133 ......................................................................................... 16133

2134 ......................................................................................... 16134

2135 ......................................................................................... 16135

2136 ......................................................................................... 16136

2137 ......................................................................................... 16137
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1 (3) Section 16131 (as so redesignated) is amended—

2 (A) in subsection (c)(3)(B)(i), by striking out

3 ‘‘section 672 (a), (d), or (g), 673, or 673b’’ and insert4 ing in lieu thereof ‘‘section 12301(a), 12301(d),

5 12301(g), 12302, or 12304’’; and

6 (B) in subsection (g)(1), by striking out ‘‘section

7 2136(c)’’ and inserting in lieu thereof ‘‘section

8 16136(c)’’.

9 (4) Section 16132 (as so redesignated) is amended—

10 (A) in subsection (a), by striking out ‘‘section

11 2131’’ and inserting in lieu thereof ‘‘section 16131’’;

12 and

13 (B) in subsection (c), by striking out ‘‘sections

14 2134 and 2135’’ and inserting in lieu thereof ‘‘section

15 16134 and 16135’’.

16 (5) Section 16133 (as so redesignated) is amended—

17 (A) in subsection (b)(1)(B), by striking out ‘‘sec18 tion 268(b)’’ and inserting in lieu thereof ‘‘section

19 10143(a)’’; and

20 (B) in subsection (b)(4)(A), by striking out ‘‘sec21 tion 672 (a), (d), or (g), 673, or 673b’’ and inserting

22 in lieu thereof ‘‘section 12301(a), 12301(d), 12301(g),

23 12302, or 12304’’.

24 (6) Section 16135 (as so redesignated) is amended—
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1 (A) by striking out ‘‘section 2132’’ in subsection

2 (a)(1)(A) and inserting in lieu thereof ‘‘section

3 16132’’; and

4 (B) by striking out ‘‘section 2132(a)’’ in sub5 section (b)(1)(A) and inserting in lieu thereof ‘‘section

6 16132(a)’’.

7 (7) Chapter 106 is amended by striking out the table

8 of sections at the beginning and inserting in lieu thereof

9 the following:

‘‘Sec.

‘‘2131. Reference to chapter 1606.

‘‘2138. Savings provision.

10 ‘‘§ 2131. Reference to chapter 1606

11 ‘‘Provisions of law relating to educational assistance

12 for members of the Selected Reserve under the Montgomery

13 GI Bill program are set forth in chapter 1606 of this title

14 (beginning with section 16131).’’.

15 (c) HEALTH PROFESSIONS STIPEND PROGRAM.—(1)

16 Part IV of subtitle E (as added by subsection (a)) is amend17 ed by adding after chapter 1606 (as added by subsection

18 (b)) the following:

19 ‘‘CHAPTER 1608—HEALTH PROFESSIONS STIPEND

20 PROGRAM

‘‘Sec.

‘‘16201. Financial assistance: health-care professionals in reserve components.

‘‘16202. Reserve service: required active duty for training.

‘‘16203. Penalties and limitations.

‘‘16204. Regulations.
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1 ‘‘§ 16204. Regulations

2 ‘‘This chapter shall be administered under regulations

3 prescribed by the Secretary of Defense.’’.

4 (2) Section 2128 is transferred to chapter 1608, as

5 added by paragraph (1), inserted after the table of sections,

6 redesignated as section 16201, and amended by striking out

7 subsection (f).

8 (3) Section 2129 is transferred to chapter 1608, as

9 added by paragraph (1), inserted after section 16201 (as

10 transferred and redesignated by paragraph (2)), and redes11 ignated as section 16202.

12 (4)(A) Section 2130 is transferred to chapter 1608, as

13 added by paragraph (1), inserted after section 16202 (as

14 transferred and redesignated by paragraph (3)), redesig15 nated as section 16203, and amended by striking out sub16 section (c).

17 (B) The heading of that section is amended to read

18 as follows:

19 ‘‘§ 16203. Penalties and limitations’’.

20 (5) Section 16201, as so redesignated, is amended by

21 striking out ‘‘subchapter’’ each place it appears and insert22 ing in lieu thereof ‘‘chapter’’.

23 (6) Section 16202, as so redesignated, is amended by

24 striking out ‘‘section 2128’’ both places it appears and in25 serting in lieu thereof ‘‘section 16201’’.

26 (7) Chapter 105 is amended—
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1 (A) in the table of subchapters before subchapter

2 I—

3 (i) by striking out the item relating to sub4 chapter II; and

5 (ii) by redesignating the item relating to

6 subchapter III so as to refer to subchapter II;

7 (B) by striking out the heading for subchapter II

8 and the table of sections following that heading; and

9 (C) by redesignating subchapter III as sub10 chapter II.

11 (d) EDUCATION LOAN REPAYMENT PROGRAMS.—(1)

12 Part IV of subtitle E (as added by subsection (a)) is amend13 ed by adding after chapter 1608 (as added by subsection

14 (c) the following:

15 ‘‘CHAPTER 1609—EDUCATION LOAN REPAYMENT

16 PROGRAMS

‘‘Sec.

‘‘16301. Education loan repayment program: enlisted members of Selected Reserve

with critical specialties.

‘‘16302. Education loan repayment program: health professions officers serving in

Selected Reserve with wartime critical medical skill shortages.

17 ‘‘§ 16301. Education loan repayment program: enlisted

18 members of Selected Reserve with critical

19 specialties

20 ‘‘(a)(1) Subject to the provisions of this section, the

21 Secretary of Defense may repay—
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1 ‘‘(A) any loan made, insured, or guaranteed

2 under part B of title IV of the Higher Education Act

3 of 1965 (20 U.S.C. 1071 et seq.); or

4 ‘‘(B) any loan made under part E of such title

5 (20 U.S.C. 1087aa et seq.).

6 Repayment of any such loan shall be made on the basis

7 of each complete year of service performed by the borrower.

8 ‘‘(2) The Secretary may repay loans described in para9 graph (1) in the case of any person for service performed

10 as an enlisted member of the Selected Reserve of the Ready

11 Reserve of an armed force in a reserve component and mili12 tary specialty specified by the Secretary of Defense. The

13 Secretary may repay such a loan only if the person to

14 whom the loan was made performed such service after the

15 loan was made.

16 ‘‘(b) The portion or amount of a loan that may be re17 paid under subsection (a) is 15 percent or $500, whichever

18 is greater, for each year of service.

19 ‘‘(c) If a portion of a loan is repaid under this section

20 for any year, interest on the remainder of the loan shall

21 accrue and be paid in the same manner as is otherwise re22 quired.

23 ‘‘(d) Nothing in this section shall be construed to au24 thorize refunding any repayment of a loan.
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1 ‘‘(e) A person who transfers from service making the

2 person eligible for repayment of loans under this section

3 (as described in subsection (a)(2)) to service making the

4 person eligible for repayment of loans under section 2171

5 of this title (as described in subsection (a)(2) of that section)

6 during a year shall be eligible to have repaid a portion of

7 such loan determined by giving appropriate fractional cred8 it for each portion of the year so served, in accordance with

9 regulations of the Secretary concerned.

10 ‘‘(f) The Secretary of Defense shall, by regulation, pre11 scribe a schedule for the allocation of funds made available

12 to carry out the provisions of this section and section 2171

13 of this title during any year for which funds are not suffi14 cient to pay the sum of the amounts eligible for repayment

15 under subsection (a) and section 2171(a) of this title.’’.

16 (2)(A) Section 2172 is transferred to the end of chapter

17 1609, as added by paragraph (1), and redesignated as sec18 tion 16302.

19 (B) The heading of such section is amended to read

20 as follows:
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1 ‘‘§ 16302. Education loan repayment program: health

2 professions officers serving in Selected Re3 serve with wartime critical medical skill

4 shortages’’.

5 (e) CONFORMING AMENDMENTS.—Section 2171 is

6 amended as follows:

7 (1) Subsection (a)(1)(B) is amended by striking

8 out ‘‘or’’ after ‘‘(B)’’.

9 (2) Subsection (a)(2) is amended—

10 (A) in the first sentence, by striking out

11 ‘‘person for—’’ and all that follows through ‘‘(B)

12 service performed’’ and inserting in lieu thereof

13 ‘‘person for service performed’’; and

14 (B) by striking out the second sentence.

15 (3) Subsection (b) is amended to read as follows:

16 ‘‘(b) The portion or amount of a loan that may be repaid under subsection (a) is 331 17 ⁄3 percent or $1,500, which18 ever is greater, for each year of service.’’.

19 (4) Subsection (e) is amended by striking out

20 ‘‘Any individual who transfers from service described

21 in clause (A) or (B) of subsection (a)(2) to service de22 scribed in the other clause of such subsection’’ and in23 serting in lieu thereof ‘‘A person who transfers from

24 service making the person eligible for repayment of

25 loans under this section (as described in subsection

26 (a)(2)) to service making the person eligible for repay-
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1 ment of loans under section 16301 of this title (as de2 scribed in subsection (a)(2) of that section)’’.

3 (5) Subsection (f) is amended—

4 (A) by inserting ‘‘and section 16301 of this

5 title’’ after ‘‘this section’’; and

6 (B) by inserting ‘‘and section 16301(a) of

7 this title’’ after ‘‘subsection (a)’’.

8 (6) The heading of such section is amended to

9 read as follows:

10 ‘‘§ 2171. Education loan repayment program: enlisted

11 members on active duty in specified mili12 tary specialties’’.

13 SEC. 1364. LAWS RELATING TO RESERVE COMPONENT PRO14 CUREMENT AND EQUIPMENT.

15 (a) ADDITION OF NEW PART.—(1) Subtitle E, as

16 added by section 1311, is amended by adding after part

17 IV of such subtitle (as added by section 1363) the following:

18 ‘‘PART V—SERVICE, SUPPLY, AND

19 PROCUREMENT

‘‘Chap. Sec.

‘‘1801. Issue of Serviceable Material to Reserve Components .... [No present

sections]

‘‘1803. Facilities for Reserve Components ..................................................... 18231

‘‘1805. Miscellaneous Provisions .................................................................... 18501
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1 ‘‘CHAPTER 1801—ISSUE OF SERVICEABLE

2 MATERIAL TO RESERVE COMPONENTS

3 ‘‘[No present sections]’’.

4 (b) FACILITIES FOR RESERVE COMPONENTS.—(1)

5 Chapter 133 is transferred to the end of part V of subtitle

6 E, as added by subsection (a), and redesignated as chapter

7 1803.

8 (2) The sections of that chapter are redesignated as

9 follows:

Redesignated

Section section

2231 ......................................................................................... 18231

2232 ......................................................................................... 18232

2233 ......................................................................................... 18233

2233a ....................................................................................... 18233a

2234 ......................................................................................... 18234

2235 ......................................................................................... 18235

2236 ......................................................................................... 18236

2237 ......................................................................................... 18237

2238 ......................................................................................... 18238

2239 ......................................................................................... 18239

10 (3) The items in the table of sections at the beginning

11 of such chapter are revised to reflect the redesignations

12 made by paragraph (2).

13 (4) Section 18233 (as redesignated by paragraph (2))

14 is amended by striking out ‘‘sections 2233a, 2234, 2235,

15 2236, and 2238’’ in subsection (a) and inserting in lieu

16 thereof ‘‘sections 18233a, 18234, 18235, 18236, and 18238’’.

17 (5) Section 18233a (as redesignated by paragraph (2))

18 is amended—
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1 (A) in subsection (a), by striking out ‘‘section

2 2233’’ and inserting in lieu thereof ‘‘section 18233’’;

3 and

4 (B) in subsection (b), by striking out ‘‘section

5 2233(a)’’ and inserting in lieu thereof ‘‘section

6 18233(a)’’.

7 (6) Section 18234 (as redesignated by paragraph (2))

8 is amended by striking out ‘‘section 2233’’ and inserting

9 in lieu thereof ‘‘section 18233’’.

10 (7) Section 18235 (as redesignated by paragraph (2))

11 is amended by striking out ‘‘section 2233(a)(1)’’ in sub12 section (a)(1) and inserting in lieu thereof ‘‘section 18233’’.

13 (8) Section 18236 (as redesignated by paragraph (2))

14 is amended—

15 (A) in subsection (a)—

16 (i) by striking out ‘‘section 2233’’ in the

17 first sentence and inserting in lieu thereof ‘‘sec18 tion 18233’’; and

19 (ii) by striking out ‘‘section 2233(a)(3) or

20 (4)’’ in the second sentence and inserting in lieu

21 thereof ‘‘paragraph (3) or (4) of section

22 18233(a)’’;

23 (B) in subsection (b)—

24 (i) by striking out ‘‘clause (4) or (5) of sec25 tion 2233(a)’’ in the matter preceding paragraph
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1 (1) and inserting in lieu thereof ‘‘paragraph (4)

2 or (5) of section 18233(a)’’; and

3 (ii) by striking out ‘‘section 2233(e)’’ in

4 paragraph (2) and inserting in lieu thereof ‘‘sec5 tion 18233(e)’’; and

6 (C) in subsection (c), by striking out ‘‘section

7 2233’’ and inserting in lieu thereof ‘‘section 18233’’.

8 (9) Section 18237 (as redesignated by paragraph (2))

9 is amended—

10 (A) in subsection (a), by striking out ‘‘section

11 2233(a)(2), (3) and (4)’’ and inserting in lieu thereof

12 ‘‘paragraph (2), (3), or (4) of section 18233(a)’’; and

13 (B) in subsection (b), by striking out ‘‘section

14 2233(a)(2), (3) or (4)’’ and inserting in lieu thereof

15 ‘‘paragraph (2), (3), or (4) of section 18233(a)’’.

16 (10) Section 18239 (as redesignated by paragraph (2))

17 is amended by striking out ‘‘section 2233’’ both places it

18 appears and inserting in lieu thereof ‘‘section 18233’’.

19 (11) Part IV of subtitle A is amended by inserting

20 after chapter 131 the following:

21 ‘‘CHAPTER 133—FACILITIES FOR RESERVE

22 COMPONENTS

‘‘Sec.

‘‘2231. Reference to chapter 1803.
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1 ‘‘§ 2231. Reference to chapter 1803

2 ‘‘Provisions of law relating to facilities for reserve

3 components are set forth in chapter 1803 of this title

4 (beginning with section 18231).’’.

5 (c) MISCELLANEOUS PROVISIONS.—(1) Part V of sub6 title E, as added by subsection (a), is amended by adding

7 after chapter 1803, as transferred by subsection (b), the

8 following:

9 ‘‘CHAPTER 1805—MISCELLANEOUS PROVISIONS

‘‘Sec.

‘‘18501. Reserve components: personnel and logistic support by military departments.

‘‘18502. Reserve components: supplies, services, and facilities.

10 ‘‘§ 18501. Reserve components: personnel and logistic

11 support by military departments

12 ‘‘The Secretary concerned is responsible for providing

13 the personnel, equipment, facilities, and other general logis14 tic support necessary to enable units and Reserves in the

15 Ready Reserve of the reserve components under his jurisdic16 tion to satisfy the training requirements and mobilization

17 readiness requirements for those units and Reserves as rec18 ommended by the Secretary concerned and by the Chairman

19 of the Joint Chiefs of Staff and approved by the Secretary

20 of Defense, and as recommended by the Commandant of the

21 Coast Guard and approved by the Secretary of Transpor22 tation when the Coast Guard is not operated as a service

23 of the Navy.
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1 ‘‘§ 18502. Reserve components: supplies, services, and

2 facilities

3 ‘‘(a) The Secretary concerned shall make available to

4 the reserve components under his jurisdiction the supplies,

5 services, and facilities of the armed forces under his juris6 diction that he considers necessary to support and develop

7 those components.

8 ‘‘(b) Whenever he finds it to be in the best interest of

9 the United States, the Secretary concerned may issue sup10 plies of the armed forces under his jurisdiction to the reserve

11 components under his jurisdiction, without charge to the

12 appropriations for those components for the cost or value

13 of the supplies or for any related expense.

14 ‘‘(c) Whenever he finds it to be in the best interest of

15 the United States, the Secretary of the Army or the Sec16 retary of the Air Force may issue to the Army National

17 Guard or the Air National Guard, as the case may be, sup18 plies of the armed forces under his jurisdiction that are in

19 addition to supplies issued to that National Guard under

20 section 702 of title 32 or charged against its appropriations

21 under section 106 or 107 of title 32, without charge to the

22 appropriations for those components for the cost or value

23 of the supplies or for any related expense.

24 ‘‘(d) Supplies issued under subsection (b) or (c) may

25 be repossessed or redistributed as prescribed by the

26 Secretary concerned.’’.
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1 (2) Section 2540 is repealed.

2 SEC. 1365. LEGISLATIVE CONSTRUCTION.

3 (a) REFERENCES TO TRANSFERRED OR REPLACED

4 PROVISIONS.—A reference to a provision of title 10,

5 United States Code, transferred or replaced by the provi6 sions of sections 1361 through 1364 (including a reference

7 in a regulation, order, or other law) shall be treated as re8 ferring to that provision as transferred or to the correspond9 ing provision as so enacted by this subtitle.

10 (b) SAVINGS PROVISION FOR REGULATIONS.—A regu11 lation, rule, or order in effect under a provision of title 10,

12 United States Code, replaced by a provision of that title

13 enacted by sections 1361 through 1364 shall continue in ef14 fect under the corresponding provision so enacted until re15 pealed, amended, or superseded.

16 (c) GENERAL SAVINGS PROVISION.—An action taken,

17 or a right that matured, under a provision of title 10, Unit18 ed States Code, replaced by a provision of that title enacted

19 by sections 1361 through 1364 shall be treated as having

20 been taken, or having matured, under the corresponding

21 provision so enacted.
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1 Subtitle D—Technical and Clerical

2 Amendments

3 SEC. 1371. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNIT4 ED STATES CODE.

5 (a) TABLE OF SUBTITLES.—The table of subtitles pre6 ceding subtitle A is amended by adding at the end the fol7 lowing new item:

‘‘E. Reserve Components .......................................................................10001’’.

8 (b) TABLES OF SECTIONS.—

9 (1) The table of sections at the beginning of

10 chapter 2 is amended by striking out the item relat11 ing to section 115b.

12 (2) The table of sections at the beginning of

13 chapter 3 is amended by striking out the item relat14 ing to section 123 and inserting in lieu thereof the

15 following:

‘‘123. Authority to suspend officer personnel laws during war or national emergency.’’.

16 (3) The table of sections at the beginning of

17 chapter 31 is amended by striking out the items relat18 ing to sections 510, 511, 512, and 517.

19 (4) The table of sections at the beginning of

20 chapter 32 is amended—

21 (A) by striking out the item relating to sec22 tion 524; and
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1 (B) by striking out ‘‘524,’’ in the item relat2 ing to section 527.

3 (5) The table of sections at the beginning of sub4 chapter V of chapter 36 is amended by striking out

5 the item relating to section 644.

6 (6) The table of sections at the beginning of

7 chapter 37 is amended by striking out the item relat8 ing to section 652.

9 (7) The table of sections at the beginning of

10 chapter 39 is amended—

11 (A) by striking out the item relating to

12 section 672 and inserting in lieu thereof the

13 following:

‘‘672. Reference to chapter 1209.’’;

14 and

15 (B) by striking out the items relating to sec16 tion 673 through 686 and section 689.

17 (8) The table of sections at the beginning of

18 chapter 41 is amended by striking out the item relat19 ing to section 715.

20 (9) The table of sections at the beginning of

21 chapter 53 is amended by striking out the item relat22 ing to section 1033.

23 (10) The table of sections at the beginning of

24 chapter 59 is amended by striking out the items relat25 ing to sections 1162 and 1163.
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1 (11) The table of sections at the beginning of

2 chapter 69 is amended—

3 (A) by striking out the item relating to sec4 tion 1374; and

5 (B) by striking out the item relating to

6 section 1376 and inserting in lieu thereof the

7 following:

‘‘1376. Temporary disability retired lists.’’.

8 (12) The table of sections at the beginning of

9 chapter 101 is amended by striking out the item re10 lating to section 2001.

11 (13) The table of sections at the beginning of

12 chapter 109 is amended by striking out the items re13 lating to sections 2171 and 2172 and inserting in lieu

14 thereof the following:

‘‘2171. Education loan repayment program: enlisted members on active duty in

specified military specialties.’’.

15 (14) The table of sections at the beginning of sub16 chapter I of chapter 152 is amended by striking out

17 the item relating to section 2540.

18 (c) CROSS-REFERENCE AMENDMENTS—

19 (1) Section 101(a)(13) is amended by striking

20 out ‘‘672(a), 673, 673b, 673c, 688, 3500, or 8500’’

21 and inserting in lieu thereof ‘‘688, 12301(a), 12302,

22 12304, 12305, or 12406’’.
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1 (2) Section 113(c)(3) is amended by striking out

2 ‘‘chapters 51, 337, 361, 363, 549, 573, 837, 861, and

3 863 of this title, as far as they apply to reserve offi4 cers’’ and inserting in lieu thereof ‘‘chapters 1219 and

5 1401 through 1411 of this title ’’.

6 (3) Section 523(b)(1) is amended—

7 (A) in subparagraph (B), by striking out

8 ‘‘section 265’’ and all that follows through ‘‘of

9 this title’’ and inserting in lieu thereof ‘‘section

10 10211, 10302 through 10305, or 12402 of this

11 title’’;

12 (B) in subparagraph (C), by striking out

13 ‘‘section 672(d)’’ and inserting in lieu thereof

14 ‘‘section 12301(d)’’; and

15 (C) in subparagraph (E), by striking out

16 ‘‘section 673b’’ and inserting in lieu thereof ‘‘sec17 tion 12304’’.

18 (4) Section 527 is amended by striking out

19 ‘‘524,’’ in the text and in the heading.

20 (5) Section 641(1) is amended—

21 (A) in subparagraph (B), by striking out

22 ‘‘section 175’’ and all that follows through ‘‘of

23 this title’’ and inserting in lieu thereof ‘‘section

24 3038, 8038, 10211, 10301 through 10305, 10501,

25 or 12402 of this title’’;
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1 (B) in subparagraph (C), by striking out

2 ‘‘section 672(d)’’ and inserting in lieu thereof

3 ‘‘section 12301(d)’’; and

4 (C) in subparagraph (E), by striking out

5 ‘‘section 673b’’ and inserting in lieu thereof ‘‘sec6 tion 12304’’.

7 (6) Sections 1201, 1202, and 1203 are each

8 amended by striking out ‘‘section 270(b)’’ and insert9 ing in lieu thereof ‘‘section 10148(a)’’.

10 (7)(A) Section 1076(b)(2)(A) is amended by

11 striking out ‘‘under chapter 67 of this title’’ and in12 serting in lieu thereof ‘‘under chapter 1223 of this

13 title (or under chapter 67 of this title as in effect be14 fore the effective date of the Reserve Officer Personnel

15 Management Act)’’.

16 (B) Section 1370(a)(1) is amended by striking

17 out ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chap18 ter 1223’’.

19 (8) Section 1482(f)(2) is amended by striking

20 out ‘‘section 1332’’ and ‘‘section 1331’’ and inserting

21 in lieu thereof ‘‘section 12732’’ and ‘‘12731’’,

22 respectively.

23 (d) SURVIVOR BENEFIT PLAN.—Subchapter II of

24 chapter 73 is amended as follows:
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1 (1) Section 1447(14) is amended by striking out

2 ‘‘chapter 67 of this title’’ and inserting in lieu thereof

3 ‘‘chapter 1223 of this title (or under chapter 67 of

4 this title as in effect before the effective date of the Re5 serve Officer Personnel Management Act)’’.

6 (2) The following provisions are amended by

7 striking out ‘‘section 1331(d)’’ and inserting in lieu

8 thereof ‘‘section 12731(d)’’: sections 1447(2)(C),

9 1448(a)(2)(B), 1448(f)(1)(A), and 1448(f)(1)(B).

10 SEC. 1372. AMENDMENTS TO SUBTITLE B OF TITLE 10, UNIT11 ED STATES CODE.

12 (a) TABLES OF CHAPTERS.—The table of chapters at

13 the beginning of subtitle B, and the table of chapters at the

14 beginning of part II of that subtitle, are each amended by

15 striking out the items relating to chapters 337, 361, and

16 363.

17 (b) TABLES OF SECTIONS.—

18 (1) The table of sections at the beginning of

19 chapter 305 is amended by striking out the item re20 lating to section 3040.

21 (2) The table of sections at the beginning of

22 chapter 307 is amended by striking out the items re23 lating to section 3076 through 3080 and section 3082.

24 (3) The table of sections at the beginning of

25 chapter 331 is amended by striking out the items re-
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1 lating to section 3212 and sections 3217 through

2 3225.

3 (4) The table of sections at the beginning of

4 chapter 333 is amended by striking out the items re5 lating to sections 3259, 3260, and 3261.

6 (5) The table of sections at the beginning of

7 chapter 341 is amended by striking out the items re8 lating to sections 3495 through 3502.

9 (6) The table of sections at the beginning of

10 chapter 343 is amended by striking out the items re11 lating to sections 3541 and 3542.

12 (7) The table of sections at the beginning of

13 chapter 353 is amended by striking out the item re14 lating to section 3686.

15 (c) CROSS REFERENCE AMENDMENTS.—

16 (1) Section 3038(b) is amended by striking out

17 ‘‘section 265’’ and inserting in lieu thereof ‘‘section

18 10211’’.

19 (2) Section 3961(a) is amended by striking out

20 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

21 1223’’.

22 (3) Section 4342(b)(1)(B) is amended by striking

23 out ‘‘section 1331 of this title’’ and inserting in lieu

24 thereof ‘‘section 12731 of this title (or under section
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1 1331 of this title as in effect before the effective date

2 of the Reserve Officer Personnel Management Act)’’.

3 SEC. 1373. AMENDMENTS TO SUBTITLE C OF TITLE 10, UNIT4 ED STATES CODE.

5 (a) TABLES OF CHAPTERS.—

6 (1) The table of chapters at the beginning of sub7 title C is amended by striking out the items relating

8 to chapters 519, 531, 541, and 549.

9 (2) The table of chapters at the beginning of part

10 I of subtitle C is amended by striking out the item

11 relating to chapter 519.

12 (3) The table of chapters at the beginning of part

13 II of subtitle C is amended by striking out the items

14 relating to chapters 531, 541, and 549.

15 (b) TABLES OF SECTIONS.—

16 (1) The table of sections at the beginning of

17 chapter 533 is amended by striking out the items re18 lating to sections 5456, 5457, and 5458.

19 (2) The table of sections at the beginning of

20 chapter 539 is amended by striking out the item re21 lating to section 5600.

22 (3) The table of sections at the beginning of

23 chapter 555 is amended by striking out the items re24 lating to sections 6017 and 6034.
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1 (4) The table of sections at the beginning of

2 chapter 573 is amended by striking out the items re3 lating to sections 6391, 6392, 6397, 6403, and 6410.

4 (c) CROSS REFERENCE AMENDMENTS.—

5 (1) Section 6389(a) is amended by striking out

6 ‘‘section 1005’’ and inserting in lieu thereof ‘‘section

7 12645’’.

8 (2) Section 6954(b)(1)(B) is amended by striking

9 out ‘‘section 1331 of this title’’ and inserting in lieu

10 thereof ‘‘section 12731 of this title (or under section

11 1331 of this title as in effect before the effective date

12 of the Reserve Officer Personnel Management Act)’’.

13 (d) REPEAL OF SECTION REDUNDANT WITH SECTION

14 741.—

15 (1) Section 5506 is repealed.

16 (2) The table of sections at the beginning of

17 chapter 535 is amended by striking out the item re18 lating to section 5506.

19 SEC. 1374. AMENDMENTS TO SUBTITLE D OF TITLE 10, UNIT20 ED STATES CODE.

21 (a) TABLES OF CHAPTERS.—The table of chapters at

22 the beginning of subtitle D, and the table of chapters at

23 the beginning of part II of that subtitle, are each amended

24 by striking out the items relating to chapters 837 and 863.

25 (b) TABLES OF SECTIONS.—
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1 (1) The table of sections at the beginning of

2 chapter 807 is amended by striking out the items re3 lating to sections 8076 through 8080.

4 (2) The table of sections at the beginning of

5 chapter 831 is amended by striking out the items re6 lating to section 8212 and sections 8217 through

7 8225.

8 (3) The table of sections at the beginning of

9 chapter 833 is amended by striking out the items re10 lating to sections 8259, 8260, and 8261.

11 (4) The table of sections at the beginning of

12 chapter 841 is amended by striking out the items re13 lating to sections 8495 through 8502.

14 (5) The table of sections at the beginning of

15 chapter 843 is amended by striking out the items re16 lating to sections 8541 and 8542.

17 (6) The table of sections at the beginning of

18 chapter 853 is amended by striking out the item re19 lating to section 8686.

20 (7) The table of sections at the beginning of

21 chapter 861 is amended by striking out the items re22 lating to sections 8819 and 8820.

23 (c) CROSS REFERENCE AMENDMENTS.—
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1 (1) Section 8038(b) is amended by striking out

2 ‘‘section 265’’ and inserting in lieu thereof ‘‘section

3 10211’’.

4 (2) Section 8961(a) is amended by striking out

5 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chapter

6 1223’’.

7 (3) Section 9342(b)(1)(B) is amended by striking

8 out ‘‘section 1331 of this title’’ and inserting in lieu

9 thereof ‘‘section 12731 of this title (or under section

10 1331 of this title as in effect before the effective date

11 of the Reserve Officer Personnel Management Act)’’.

12 SEC. 1375. AMENDMENTS TO SUBTITLE E OF TITLE 10, UNIT13 ED STATES CODE.

14 (a) CHAPTER 1203.—Section 12102 (as transferred

15 and redesignated by section 1362(b)(2)) is amended by

16 striking out ‘‘section 3261 or 8261’’ in subsection (a) and

17 inserting in lieu thereof ‘‘section 12107’’.

18 (b) CHAPTER 1205.—Sections of chapter 1205 (as

19 transferred and redesignated by section 1362(c)(2)) are

20 amended as follows:

21 (1) Section 12203 is amended by striking out

22 ‘‘3352, or 8352’’ in subsection (a) and inserting in

23 lieu thereof ‘‘12213, or 12214’’.
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1 (2) Sections 12213 and 12214 are amended by

2 striking out ‘‘or Territory, Puerto Rico, or the Dis3 trict of Columbia, whichever is’’ in subsection (a).

4 (c) CHAPTER 1209.—Sections of chapter 1209 (as

5 transferred and redesignated by section 1362(e)(2)) are

6 amended as follows:

7 (1) Section 12301 is amended—

8 (A) in subsection (b), by striking out ‘‘or

9 Territory’’ and all that follows through the pe10 riod at the end and inserting in lieu thereof ‘‘(or,

11 in the case of the District of Columbia National

12 Guard, the commanding general of the District

13 of Columbia National Guard).’’; and

14 (B) in subsection (d), by striking out ‘‘or

15 Territory, Puerto Rico, or the District of Colum16 bia, whichever is’’.

17 (2) Section 12304 is amended—

18 (A) by striking out ‘‘section 673(a)’’ in sub19 section (a) and inserting in lieu thereof ‘‘section

20 12302(a)’’;

21 (B) by striking out ‘‘section 268(b)’’ in sub22 section (a) and inserting in lieu thereof ‘‘section

23 10143(a)’’; and
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1 (C) by striking out ‘‘section 3500 or 8500’’

2 in subsection (b) and inserting in lieu thereof

3 ‘‘section 12406’’.

4 (3) Section 12305 is amended by striking out

5 ‘‘section 672, 673, or 673b’’ in subsections (a) and (b)

6 and inserting in lieu thereof ‘‘section 12301, 12302,

7 or 12304’’.

8 (4) Section 12306 is amended by striking out

9 ‘‘section 672’’ in subsection (a) and inserting in lieu

10 thereof ‘‘section 12301’’.

11 (5) Section 12307 is amended by striking out

12 ‘‘section 672(a) or 688’’, ‘‘section 1001(b)’’, and

13 ‘‘chapter 67’’ and inserting in lieu thereof ‘‘section

14 688 or 12301(a)’’, ‘‘section 12641(b)’’, and ‘‘chapter

15 1223’’, respectively.

16 (6) Section 12308 is amended by striking out

17 ‘‘chapter 67’’ and ‘‘section 1332(b)’’ and inserting in

18 lieu thereof ‘‘chapter 1223’’ and ‘‘section 12732(b)’’,

19 respectively.

20 (7) Section 12310 is amended by striking out

21 ‘‘section 672(d)’’ in subsection (a) and inserting in

22 lieu thereof ‘‘section 12301(d)’’.

23 (8) Section 12312 is amended by striking out

24 ‘‘section 679(a)’’ in subsections (a) and (b) and in25 serting in lieu thereof ‘‘section 12311(a)’’.
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1 (9) Section 12318 is amended—

2 (A) by striking out ‘‘section 673 or 673b’’ in

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

4 thereof ‘‘section 12302 or 12304’’; and

5 (B) by striking out ‘‘section 678’’ in sub6 section (b) and inserting in lieu thereof ‘‘section

7 12310’’.

8 (10) Section 12319(d) is amended by striking

9 out ‘‘chapter 67’’ and inserting in lieu thereof ‘‘chap10 ter 1223’’.

11 (11) Section 12320 is amended by striking out

12 ‘‘section 3353, 5600, or 8353’’ and inserting in lieu

13 thereof ‘‘section 12207’’.

14 (d) CHAPTER 1219.—Sections of chapter 1219 (as

15 transferred and redesignated by section 1362(h)) are

16 amended as follows:

17 (1) Section 12642 is amended—

18 (A) by striking out ‘‘section 1332(a)(2)’’ in

19 subsection (a) and inserting in lieu thereof ‘‘sec20 tion 12732(a)(2)’’; and

21 (B) by striking out ‘‘section 1005’’ in sub22 section (b) and inserting in lieu thereof ‘‘section

23 12645’’.

24 (2) Section 12645 is amended by striking out

25 ‘‘chapter 337, 361, 363, 573, 837, 861, or 863’’ in
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1 subsection (a) and inserting in lieu thereof ‘‘chapter

2 573, 1407, 1409, or 1411’’.

3 (3) Section 12646 is amended—

4 (A) by striking out ‘‘section 1332’’ each

5 place it appears in subsections (a) and (b) and

6 inserting in lieu thereof ‘‘section 12732’’;

7 (B) by striking out ‘‘chapter 337, 361, 363,

8 573, 837, 861, or 863’’ in subsections (a) and (b)

9 and inserting in lieu thereof ‘‘chapter 573, 1407,

10 or 1409’’; and

11 (C) by striking out subsection (e) and in12 serting in lieu thereof the following:

13 ‘‘(e)(1) A reserve commissioned officer on active duty

14 (other than for training) or full-time National Guard duty

15 (other than full-time National Guard duty for training

16 only) who, on the date on which the officer would otherwise

17 be removed from an active status under section 6389, 14513,

18 or 14514 of this title or section 740 of title 14, is within

19 two years of qualifying for retirement under section 3911,

20 6323, or 8911 of this title may, in the discretion of the Sec21 retary concerned and subject to paragraph (2), be retained

22 on that duty for a period of not more than two years.

23 ‘‘(2) An officer may be retained on active duty or full24 time National Guard duty under paragraph (1) only if—
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1 ‘‘(A) at the end of the period for which the officer

2 is retained the officer will be qualified for retirement

3 under section 3911, 6323, or 8911 of this title; and

4 ‘‘(B) the officer will not, before the end of that

5 period, reach the age at which transfer from an active

6 status or discharge is required by this title or title 14.

7 ‘‘(3) An officer who is retained on active duty or full8 time National Guard duty under this section may not be

9 removed from an active status while on that duty.’’.

10 (4) Section 12647 is amended by striking out

11 ‘‘chapters 337, 363, 573, 837, and 863’’ and inserting

12 in lieu thereof ‘‘chapters 573, 1407, and 1409’’.

13 SEC. 1376. AMENDMENTS TO TITLES 32 AND 37, UNITED

14 STATES CODE.

15 (a) TITLE 32, UNITED STATES CODE.—Title 32, Unit16 ed States Code, is amended as follows:

17 (1) Section 107(c) is amended by striking out

18 ‘‘section 3496 or 8496’’ and inserting in lieu thereof

19 ‘‘section 12402’’.

20 (2) Section 307(a)(3) is amended by striking out

21 ‘‘and sections 8365 and 8366 of title 10’’.

22 (3) Section 323(c) is amended by striking out

23 ‘‘section 3259, 3352(a), 8259, or 8352(a)’’ and insert24 ing in lieu thereof ‘‘section 12105, 12213(a), or

25 12214(a)’’.
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1 (4) The items relating to sections 309 and 310

2 in the table of sections at the beginning of chapter 3

3 are amended to read as follows:

‘‘309. Federal recognition of National Guard officers: officers promoted to fill vacancies.

‘‘310. Federal recognition of National Guard officers: automatic recognition.’’.

4 (b) TITLE 37, UNITED STATES CODE.—Title 37, Unit5 ed States Code, is amended as follows:

6 (1) Section 204(a)(2) is amended by striking out

7 ‘‘section 3021, 3496, 3541, 8021, 8496, or 8541’’ and

8 inserting in lieu thereof ‘‘section 10302, 10305,

9 10502, or 12402’’.

10 (2) Section 205(e)(2) is amended—

11 (A) by striking out ‘‘section 511(b) or

12 511(d)’’ in subparagraph (A) and inserting in

13 lieu thereof ‘‘section 12103(b) or 12103(d)’’; and

14 (B) by striking out ‘‘chapter 39’’ in sub15 paragraph (B) and inserting in lieu thereof

16 ‘‘chapter 1209’’.

17 (3) Section 905 is amended—

18 (A) by striking out ‘‘chapter 549’’ in sub19 section (a) and inserting in lieu thereof ‘‘chapter

20 1405’’; and

21 (B) by striking out ‘‘section 5908’’ in sub22 section (b) and inserting in lieu thereof ‘‘section

23 14308(b)’’.
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1 SEC. 1377. AMENDMENTS TO OTHER LAWS.

2 (a) TITLE 5, UNITED STATES CODE.—Title 5,

3 United States Code, is amended as follows:

4 (1) Section 5517(d)(2) is amended by striking

5 out ‘‘section 270(a) of title 10’’ and inserting in lieu

6 thereof ‘‘section 10147 of title 10’’.

7 (2) Section 6323(b) is amended—

8 (A) in paragraph (1), by striking out ‘‘sec9 tion 261 of title 10’’ and inserting in lieu thereof

10 ‘‘section 10101 of title 10’’; and

11 (B) in paragraph (2)(A), by striking out

12 ‘‘3500, or 8500 of title 10’’ and inserting in lieu

13 thereof ‘‘or 12406 of title 10’’; and

14 (3) Sections 8332(c)(2)(B) and 8411(c)(2)(B) are

15 amended by striking out ‘‘chapter 67 of title 10’’ and

16 inserting in lieu thereof ‘‘chapter 1223 of title 10 (or

17 under chapter 67 of that title as in effect before the

18 effective date of the Reserve Officer Personnel Manage19 ment Act)’’.

20 (4) Sections 8401(30) and 8456(a)(1)(A) are

21 amended by striking out ‘‘section 261(a) of title 10’’

22 and inserting in lieu thereof ‘‘section 10101 of title

23 10’’.

24 (b) TITLE 14, UNITED STATES CODE.—Title 14, Unit25 ed States Code, is amended as follows:
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1 (1) Section 41a(a) is amended by striking out

2 ‘‘section 679 of title 10’’ and inserting in lieu thereof

3 ‘‘section 12311 of title 10’’.

4 (2) Section 271(e) is amended by striking out

5 ‘‘section 593 of title 10’’ and inserting in lieu thereof

6 ‘‘section 12203 of title 10’’.

7 (3) Section 712(c)(1) is amended by striking out

8 ‘‘section 270 of title 10’’ and inserting in lieu thereof

9 ‘‘section 10147 of title 10’’.

10 (4) Section 713 is amended by striking out ‘‘sec11 tion 511(d) of title 10’’ and inserting in lieu thereof

12 ‘‘section 12103(d) of title 10’’.

13 (5) Sections 740(c) and 741(b) are amended by

14 striking out ‘‘section 1006 of title 10’’ and inserting

15 in lieu thereof ‘‘section 12646 of title 10’’.

16 (c) INTERNAL REVENUE CODE OF 1986.—Section

17 219(g)(6)(A) of the Internal Revenue Code of 1986 is

18 amended by striking out ‘‘section 261(a) of title 10’’ and

19 inserting in lieu thereof ‘‘section 10101 of title 10’’.

20 (d) TITLE 38, UNITED STATES CODE.—Title 38, Unit21 ed States Code, is amended as follows:

22 (1) Sections 1965(5)(B), 1965(5)(C), and

23 1968(a)(4)(B) are amended by striking out ‘‘chapter

24 67 of title 10’’ and inserting in lieu thereof ‘‘chapter

25 1223 of title 10 (or under chapter 67 of that title as
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1 in effect before the effective date of the Reserve Officer

2 Personnel Management Act)’’.

3 (2) Section 3002 is amended—

4 (A) in paragraph (4), by striking out ‘‘sec5 tion 268(b) of title 10’’ and inserting in lieu

6 thereof ‘‘section 10143(a) of title 10’’; and

7 (B) in paragraph (6), by striking out ‘‘sec8 tion 511(d) of title 10’’ and inserting in lieu

9 thereof ‘‘section 12103(d) of title 10’’.

10 (e) PUBLIC LAW 99–661.—Section 403(b)(1) of Public

11 Law 99–661 (10 U.S.C. 521 note) is amended—

12 (1) in subparagraph (B), by striking out ‘‘sec13 tion 265’’ and all that follows through ‘‘of title 10’’

14 and inserting in lieu thereof ‘‘section 10148(a),

15 10211, 10302 through 10305, 12301(a), or 12402 of

16 title 10’’;

17 (2) in subparagraph (C), by striking out ‘‘section

18 672(d)’’ and inserting in lieu thereof ‘‘section

19 12301(d)’’; and

20 (3) in subparagraph (E), by striking out ‘‘sec21 tion 673b’’ and inserting in lieu thereof ‘‘section

22 12304’’.

23 (f) MILITARY SELECTIVE SERVICE ACT.—Section 6 of

24 the Military Selective Service Act (50 U.S.C. App. 456) is

25 amended—
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1 (1) in subsection (c)(2)(A), by striking out ‘‘sec2 tion 270 of title 10’’ and inserting in lieu thereof

3 ‘‘section 10147 of title 10’’;

4 (2) in subsection (c)(2)(D), by striking out ‘‘sec5 tion 511(b) of title 10’’ and inserting in lieu thereof

6 ‘‘section 12103 of title 10’’; and

7 (3) in subsection (d)(1), by striking out ‘‘section

8 270(a) of title 10’’ and inserting in lieu thereof ‘‘sec9 tion 10147 of title 10’’.

10 Subtitle E—Transition Provisions

11 SEC. 1381. CONTINUATION ON THE RESERVE ACTIVE-STA12 TUS LIST OF CERTAIN RESERVE COLONELS

13 OF THE ARMY AND AIR FORCE.

14 (a) CONTINUATION UNDER OLD LAW.—Except as pro15 vided in subsection (b), a reserve officer of the Army or the

16 Air Force who, on the effective date of this title—

17 (1) is subject to placement on the reserve active18 status list of the Army or the Air Force; and

19 (2)(A) holds the reserve grade of colonel, (B) is

20 on a list of officers recommended for promotion to the

21 reserve grade of colonel, or (C) has been nominated by

22 the President for appointment in the reserve grade of

23 colonel,

24 shall continue to be subject to mandatory transfer to the

25 Retired Reserve or discharge from the officer’s reserve ap-
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1 pointment under section 3851 or 8851 of title 10, United

2 States Code, as in effect on the day before the effective date

3 of this title.

4 (b) EXEMPTION.—This section does not apply to an

5 officer who is—

6 (1) sooner transferred from an active status or

7 discharged under some other provision of law;

8 (2) promoted to a higher grade, unless the officer

9 was on a list of officers recommended for promotion

10 to the reserve grade of colonel before the effective date

11 of this title; or

12 (3) continued on the reserve active-status list

13 under section 14701 of title 10, United States Code,

14 as added by this title.

15 SEC. 1382. EFFECTS OF SELECTION FOR PROMOTION AND

16 FAILURE OF SELECTION FOR ARMY AND AIR

17 FORCE OFFICERS.

18 (a) PROMOTIONS TO FILL VACANCIES.—A reserve

19 commissioned officer of the Army or Air Force (other than

20 a commissioned warrant officer) who, on the day before the

21 effective date of this title, is recommended for promotion

22 to fill a vacancy in the Army Reserve or the Air Force Re23 serve under section 3383, 3384, 8372, or 8373 of title 10,

24 United States Code, as in effect on the day before the effec25 tive date of this title, in the next higher reserve grade shall
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1 be considered to have been recommended for promotion to

2 that grade by a vacancy promotion board under section

3 14101(a)(2) of title 10, United States Code, as added by

4 this title.

5 (b) PROMOTIONS OTHER THAN TO FILL VACANCIES.—

6 A reserve officer of the Army or Air Force who, on the day

7 before the effective date of this title, is recommended for pro8 motion under section 3366, 3367, 3370, 3371, 8366, or 8371

9 of title 10, United States Code, as in effect on the day before

10 the effective date of this title, to a reserve grade higher than

11 the grade in which the officer is serving shall be considered

12 to have been recommended for promotion by a mandatory

13 promotion board convened under section 14101(a)(1) of title

14 10, United States Code, as added by this title.

15 (c) OFFICERS FOUND QUALIFIED FOR PROMOTION TO

16 FIRST LIEUTENANT.—A reserve officer of the Army or Air

17 Force who, on the effective date of the title, holds the grade

18 of second lieutenant and has been found qualified for pro19 motion to the grade of first lieutenant in accordance with

20 section 3365, 3382, or 8365 of title 10, United States Code,

21 as in effect on the day before the effective date of this title,

22 shall be promoted to that grade on the date on which the

23 officer would have been promoted under the provisions of

24 chapter 337 or 837 of such title, as in effect on the day

25 before the effective date of this title, unless sooner promoted
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1 under regulations prescribed by the Secretary of the Army

2 or the Secretary of the Air Force under section 14308(b)

3 of title 10, United States Code, as added by this title.

4 (d) OFFICERS ONCE FAILED OF SELECTION.—(1) A

5 reserve officer of the Army in the grade of first lieutenant,

6 captain, or major who, on the day before the effective date

7 of this title, has been considered once but not recommended

8 for promotion to the next higher reserve grade under section

9 3366 or 3367 of title 10, United States Code, or a reserve

10 officer of the Air Force in the grade of first lieutenant, cap11 tain, or major who, on the day before the effective date of

12 this title, is a deferred officer within the meaning of section

13 8368 of such title, shall be considered to have been consid14 ered once but not selected for promotion by a board con15 vened under section 14101(a)(1) of title 10, United States

16 Code, as added by this title. If the officer is later considered

17 for promotion by a selection board convened under that sec18 tion and is not selected for promotion (or is selected for

19 promotion but declines to accept the promotion), the officer

20 shall be considered for all purposes to have twice failed

21 of selection for promotion.

22 (2) In the case of a reserve officer of the Army or Air

23 Force in an active status who, on the day before the effective

24 date of this title, is in the grade of first lieutenant, captain,

25 or major and whose name has been removed, under the pro-
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1 visions of section 3363(f) of title 10, United States Code,

2 from a list of officers recommended for promotion or who

3 has previously not been promoted because the President de4 clined to appoint the officer in the next higher grade under

5 section 8377 of such title as in effect on the day before the

6 effective date of this title, or whose name was removed from

7 a list of officers recommended for promotion to the next

8 higher grade because the Senate did not consent to the offi9 cer’s appointment, if the officer is later considered for pro10 motion by a selection board convened by section 14101(a)(1)

11 of title 10, United States Code, as added by this title, and

12 (A) is not selected for promotion, (B) is selected for pro13 motion but removed from the list of officers recommended

14 or approved for promotion, or (C) is selected for promotion

15 but declines to accept the promotion, the officer shall be con16 sidered for all purposes to have twice failed of selection for

17 promotion.

18 (e) OFFICERS TWICE FAILED OF SELECTION.—A re19 serve officer of the Army or Air Force in an active status

20 who, on the day before the effective date of this title, is in

21 the grade of first lieutenant, captain, or major and on that

22 date is subject to be treated as prescribed in section 3846

23 or 8846 of title 10, United States Code, shall continue to

24 be governed by that section as in effect on the day before

25 the effective date of this title.
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1 (f) OFFICERS WITH APPROVED PROMOTION DECLINA2 TIONS IN EFFECT.—A reserve officer of the Army who, on

3 the day before the effective date of this title, has declined

4 a promotion under subsection (f) or (g) of section 3364 of

5 title 10, United States Code, shall while carried on the re6 serve active status list be subject to the provisions of sub7 sections (h), (i), and (j) of such section, as in effect on the

8 day before the effective date of this title, except that the

9 name of an officer to whom this section applies shall be

10 placed on a promotion list under section 14308(a) of title

11 10, United States Code (as added by this title), and, at the

12 end of the approved period of declination, shall be consid13 ered to have failed of promotion if the officer again de14 clines to accept the promotion.

15 (g) COVERED OFFICERS.—This section applies to re16 serve officers of the Army and Air Force who—

17 (1) on the day before the effective date of this

18 title are in an active status; and

19 (2) on the effective date of this title are subject

20 to placement on the reserve active-status list of the

21 Army or the Air Force.
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1 SEC. 1383. EFFECTS OF SELECTION FOR PROMOTION AND

2 FAILURE OF SELECTION FOR NAVY AND MA3 RINE CORPS OFFICERS.

4 (a) RECOMMENDATIONS FOR PROMOTION.—An officer

5 covered by this section who, on the day before the effective

6 date of this title, has been recommended for promotion to

7 a reserve grade higher than the grade in which the officer

8 is serving shall be considered to have been recommended for

9 promotion to that grade under section 14101(a) of title 10,

10 United States Code, as added by this title.

11 (b) FAILURES OF SELECTION.—An officer covered by

12 this section who, on the day before the effective date of this

13 title is considered to have failed of selection for promotion

14 one or more times under chapter 549 of title 10, United

15 States Code, to a grade below captain, in the case of a re16 serve officer of the Navy, or to a grade below colonel, in

17 the case of a reserve officer of the Marine Corps, shall be

18 subject to chapters 1405 and 1407 of title 10, United States

19 Code, as added by this title, as if such failure or failures

20 had occurred under the provisions of those chapters.

21 (c) OFFICERS OTHER THAN COVERED OFFICERS REC22 OMMENDED FOR PROMOTION.—A reserve officer of the Navy

23 or Marine Corps who on the day before the effective date

24 of this title (1) has been recommended for promotion in the

25 approved report of a selection board convened under chapter

26 549 of title 10, United States Code, and (2) was on the
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1 active-duty list of the Navy or Marine Corps may be pro2 moted under that chapter, as in effect on the day before

3 the effective date of this title.

4 (d) OFFICERS FOUND QUALIFIED FOR PROMOTION TO

5 LIEUTENANT (JUNIOR GRADE) OR FIRST LIEUTENANT.—

6 A covered officer who, on the effective date of this title, holds

7 the grade of second lieutenant and has been found qualified

8 for promotion in accordance with section 5908 or 5910 of

9 title 10, United States Code, as in effect on the day before

10 the effective date of this title, shall be promoted on the date

11 on which the officer would have been promoted under the

12 provisions of chapter 549 of such title, as in effect on the

13 day before the effective date of this title, unless sooner pro14 moted under regulations prescribed by the Secretary of the

15 Navy under section 14307(b) of such title, as added by this

16 title.

17 (e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED

18 FROM A LIST FURNISHED TO A SELECTION BOARD.—A

19 covered officer whose name, as of the effective date of this

20 title, had been omitted by administrative error from the list

21 of officers furnished the most recent selection board to con22 sider officers of the same grade and component, shall be con23 sidered by a special selection board established under sec24 tion 14502 of title 10, United States Code, as added by this

25 title. If the officer is selected for promotion by that board,
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1 the officer shall be promoted as specified in section 5904

2 of title 10, United States Code, as in effect on the day before

3 the effective date of this title.

4 (f) COVERED OFFICERS.—Except as provided in sub5 section (c), this section applies to any reserve officer of the

6 Navy or Marine Corps who (1) before the effective date of

7 this title is in an active status, and (2) on the effective date

8 of this title is subject to placement on the reserve active9 status list of the Navy or Marine Corps.

10 SEC. 1384. DELAYS IN PROMOTIONS AND REMOVALS FROM

11 PROMOTION LIST.

12 (a) DELAYS IN PROMOTIONS.—(1) A delay in a pro13 motion that is in effect on the day before the effective date

14 of this title under the laws and regulations in effect on that

15 date shall continue in effect on and after that date as if

16 the promotion had been delayed under section 14311 of title

17 10, United States Code, as added by this title.

18 (2) The delay of the promotion of a reserve officer of

19 the Army or the Air Force which was in effect solely to

20 achieve compliance with limitations set out in section 524

21 of title 10, United States Code, or with regulations pre22 scribed by the Secretary of Defense with respect to sections

23 3380(c) and 8380(c) of title 10, United States Code, as in

24 effect on the day before the effective date of this title, shall
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1 continue in effect as if the promotion had been delayed

2 under section 14311(e) of such title, as added by this title.

3 (b) REMOVALS FROM LIST.—An action that was initi4 ated before the effective date of this title under the laws and

5 regulations in effect before that date to remove the name

6 of an officer from a promotion list or from a list of officers

7 recommended or approved for promotion shall continue on

8 and after such date as if such action had been initiated

9 under section 14110(d) or 14310, as appropriate, of title

10 10, United States Code, as added by this title.

11 SEC. 1385. MINIMUM SERVICE QUALIFICATIONS FOR PRO12 MOTION.

13 During the five-year period beginning on the effective

14 date of this title, the Secretary of the Army and the Sec15 retary of the Air Force may waive the provisions of section

16 14304 of title 10, United States Code, as added by this title.

17 The Secretary may, in addition, during any period in

18 which such a waiver is in effect, establish minimum periods

19 of total years of commissioned service an officer must have

20 served to be eligible for consideration for promotion to the

21 grade of captain, major, or lieutenant colonel by boards

22 convened under section 14101(a) of title 10, United States

23 Code, as added by this title.
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1 SEC. 1386. ESTABLISHMENT OF RESERVE ACTIVE-STATUS

2 LIST.

3 (a) SIX-MONTH DEADLINE.—Not later than six

4 months after the effective date of this title, the Secretary

5 of the military department concerned shall ensure that—

6 (1) all officers of the Army, Navy, Air Force,

7 and Marine Corps who are required to be placed on

8 the reserve active-status list of their Armed Force

9 under section 14002 of title 10, United States Code,

10 as added by this title, shall be placed on the list for

11 their armed force and in their competitive category;

12 and

13 (2) the relative seniority of those officers on each

14 such list shall be established.

15 (b) REGULATIONS.—The Secretary concerned shall

16 prescribe regulations for the establishment of relative senior17 ity. The Secretary of the Army and the Secretary of the

18 Air Force shall, in prescribing such regulations, provide for

19 the consideration of both promotion service established

20 under section 3360(b) or 8360(e) of title 10, United States

21 Code, as in effect on the day before the effective date of this

22 title, and total commissioned service established under sec23 tion 3360(c) or 8366(e) of such title, as in effect on the day

24 before the effective date of this title. An officer placed on

25 a reserve active-status list in accordance with this section
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1 shall be considered to have been on the list as of the effective

2 date of this title.

3 SEC. 1387. PRESERVATION OF RELATIVE SENIORITY UNDER

4 THE INITIAL ESTABLISHMENT OF THE RE5 SERVE ACTIVE-STATUS LIST.

6 In order to maintain the relative seniority among re7 serve officers of the Army, Navy, Air Force, or Marine

8 Corps as determined under section 1386, the Secretary of

9 the military department concerned may, during the one10 year period beginning on the effective date of this title, ad11 just the date of rank of any reserve officer of such Armed

12 Force who was in an active status but not on the active13 duty list on such effective date.

14 SEC. 1388. GRADE ON TRANSFER TO THE RETIRED RE15 SERVE.

16 In determining the highest grade held satisfactorily by

17 a person at any time in the Armed Forces for the purposes

18 of paragraph (2) of section 1406(b) of title 10, United

19 States Code, as added by this title, the requirement for satis20 factory service on the reserve active-status list contained in

21 section 1370(d) of title 10, United States Code, as added

22 by this title, shall apply only to reserve commissioned offi23 cers who are promoted to a higher grade as a result of selec24 tion for promotion under chapter 36 of that title or under

25 chapter 1405 of that title, as added by this title, or having
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1 been found qualified for Federal recognition in a higher

2 grade under chapter 3 of title 32, United States Code, after

3 the effective date of this title.

4 SEC. 1389. RIGHTS FOR OFFICERS WITH OVER THREE

5 YEARS SERVICE.

6 A reserve officer of the Army, Navy, Air Force, or Ma7 rine Corps who was in an active status on the day before

8 the effective date of this title and who was subject to place9 ment of the reserve active-status list on the effective date

10 of this title may not be discharged under section 14503 of

11 title 10, United States Code, as added by this title, until

12 on or after the day on which that officer completes three

13 years of continuous service as a reserve commissioned offi14 cer.

15 SEC. 1390. MANDATORY SEPARATION FOR AGE FOR CER16 TAIN RESERVE OFFICERS OF THE NAVY AND

17 MARINE CORPS.

18 (a) SAVINGS PROVISIONS FOR REQUIRED SEPARATION

19 AGE.—A reserve officer of the Navy or the Marine Corps—

20 (1) who—

21 (A) on the effective date of this title is in

22 an active status, and

23 (B) on the day before the effective date of

24 this title was an officer described in section
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1 6389(e), 6397(a), 6403(a), or 6403(b) of title 10,

2 United States Code; and

3 (2) who, on or after the effective date of this title

4 is subject to elimination from an active status under

5 any provision of such title,

6 is entitled to be treated as that officer would have been treat7 ed under section 6397 or 6403 as applicable, as in effect

8 on the day before the effective date of this title, if that treat9 ment would result in the date for the officer’s separation

10 from an active status being a later date than the date estab11 lished under the law in effect on or after the effective date

12 of this title.

13 (b) SAVINGS PROVISIONS FOR MANDATORY SEPARA14 TION FOR AGE.—An officer who was initially appointed in

15 the Naval Reserve or the Marine Corps Reserve before Janu16 ary 1, 1953, and who cannot complete 20 years of service

17 computed under section 12732 of this title before he becomes

18 62 years of age, but can complete this service by the time

19 he becomes 64 years of age, may be retained in an active

20 status not later than the date he becomes 64 years of age.

21 (c) An officer who was initially appointed in the

22 Naval Reserve or the Marine Corps Reserve before the effec23 tive date of this title, and who cannot complete 20 years

24 of service computed under section 12732 of this title before

25 he becomes 60 years of age, but can complete this service
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1 by the time he becomes 62 years of age, may be retained

2 in an active status not later than the date he becomes 62

3 years of age.

4 Subtitle F—Effective Dates and

5 General Savings Provisions

6 SEC. 1391. EFFECTIVE DATE.

7 (a) EFFECTIVE DATE FOR AMENDMENTS.—The

8 amendments made by this title shall take effect on the date

9 of the enactment of this Act.

10 (b) EFFECTIVE DATE FOR NEW RESERVE OFFICER

11 PERSONNEL POLICIES.—(1) The provisions of part III of

12 subtitle E of title 10, United States Code, as added by sec13 tion 1311, shall become effective on the first day of the ninth

14 month that begins after the date of the enactment of this

15 Act.

16 (2) Any reference in subtitle E of this title to the effec17 tive date of this title is a reference to the effective date pre18 scribed in paragraph (1).

19 (3) The personnel policies applicable to Reserve officers

20 under the provisions of law in effect on the day before the

21 date of the enactment of this Act and replaced by the Re22 serve officer personnel policies prescribed in part III of sub23 title E of title 10, United States Code, as added by section

24 1311, shall, notwithstanding the provisions of subsection
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1 (a), continue in effect until the effective date prescribed in

2 paragraph (1).

3 (4) The authority to prescribe regulations under the

4 provisions of part III of subtitle E of title 10, United States

5 Code, as added by section 1311, shall take effect on the date

6 of the enactment of this Act.

7 SEC. 1392. PRESERVATION OF SUSPENDED STATUS OF

8 LAWS SUSPENDED AS OF EFFECTIVE DATE.

9 If a provision of law that is in a suspended status on

10 the day before the effective date of this title under section

11 1391(b)(1) is transferred or amended by this title, the sus12 pended status of that provision is not affected by that trans13 fer or amendment.

14 SEC. 1393. PRESERVATION OF PRE-EXISTING RIGHTS, DU15 TIES, PENALTIES, AND PROCEEDINGS.

16 Except as otherwise provided in this title, the provi17 sions of this title and the amendments made by this title

18 do not affect rights and duties that matured, penalties that

19 were incurred, or proceedings that were begun before the

20 effective date of this title under section 1391(b)(1).

21 TITLE XIV—BOSNIA AND

22 HERZEGOVINA SELF-DEFENSE

23 SEC. 1401. SHORT TITLE.

24 This title may be cited as the ‘‘Bosnia and

25 Herzegovina Self-Defense Act of 1994’’.
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1 SEC. 1402. FINDINGS.

2 The Congress makes the following findings:

3 (1) For the reasons stated in section 520 of the

4 Foreign Relations Authorization Act, Fiscal Years

5 1994 and 1995 (Public Law 103-236), the Congress

6 has found that continued application of an inter7 national arms embargo to the Government of Bosnia

8 and Herzegovina contravenes that Government’s in9 herent right of individual or collective self-defense

10 under Article 51 of the United Nations Charter and

11 therefore is inconsistent with international law.

12 (2) Before deploying United States Armed Forces

13 to defend the territorial integrity and political inde14 pendence of Bosnia and Herzegovina, or to enforce

15 United Nations mandates in Bosnia and

16 Herzegovina, the United States should seek to permit

17 the Government of Bosnia and Herzegovina to obtain

18 the means necessary to exercise its inherent right of

19 self-defense.

20 SEC. 1403. TERMINATION OF ARMS EMBARGO.

21 (a) TERMINATION.—The President shall terminate the

22 United States arms embargo of the Government of Bosnia

23 and Herzegovina upon receipt from that Government of a

24 request for assistance in exercising its right of self-defense

25 under Article 51 of the United Nations Charter.
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1 (b) DEFINITION.—As used in this section, the term

2 ‘‘United States arms embargo of the Government of Bosnia

3 and Herzegovina’’ means the application to the Government

4 of Bosnia and Herzegovina of—

5 (1) the policy adopted July 10, 1991, and pub6 lished in the Federal Register of July 19, 1991 (58

7 F.R. 33322) under the heading ‘‘Suspension of Muni8 tions Export Licenses to Yugoslavia’’; and

9 (2) any similar policy being applied by the

10 United States Government as of the date of receipt of

11 the request described in subsection (a) pursuant to

12 which approval is denied for transfers of defense arti13 cles and defense services to the former Yugoslavia.

14 SEC. 1404. PROVISION OF UNITED STATES MILITARY AS15 SISTANCE.

16 (a) POLICY.—The President should provide appro17 priate military assistance to the Government of Bosnia and

18 Herzegovina upon receipt from that Government of a re19 quest for assistance in exercising its right of self-defense

20 under Article 51 of the United Nations Charter.

21 (b) AUTHORIZATION OF MILITARY ASSISTANCE.—

22 (1) DRAWDOWN AUTHORITY.—If the Government

23 of Bosnia and Herzegovina requests United States as24 sistance in exercising its right of self-defense under

25 Article 51 of the United Nations Charter, the Presi-
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1 dent is authorized to direct the drawdown of defense

2 articles from the stocks of the Department of Defense,

3 defense services of the Department of Defense, and

4 military education and training in order to provide

5 assistance to the Government of Bosnia and

6 Herzegovina. Such assistance shall be provided on

7 such terms and conditions as the President may de8 termine.

9 (2) LIMITATION ON VALUE OF TRANSFERS.—The

10 aggregate value (as defined in section 664(m) of the

11 Foreign Assistance Act of 1961) of defense articles, de12 fense services, and military education and training

13 provided under this subsection may not exceed

14 $200,000,000.

15 (3) EXPIRATION OF AUTHORIZATION.—The au16 thority provided to the President in paragraph (1) ex17 pires at the end of fiscal year 1995.

18 (4) LIMITATION ON ACTIVITIES.—Members of the

19 United States Armed Forces who perform defense

20 services or provide military education and training

21 outside the United States under this subsection may

22 not perform any duties of a combatant nature, in23 cluding any duties related to training and advising

24 that may engage them in combat activities.
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1 (5) REPORTS TO CONGRESS.—Within 60 days

2 after any exercise of the authority of paragraph (1)

3 and every 60 days thereafter, the President shall re4 port in writing to the Speaker of the House of Rep5 resentatives and the President pro tempore of the Sen6 ate concerning the defense articles, defense services,

7 and military education and training being provided

8 and the use made of such articles, services, and edu9 cation and training.

10 (6) REIMBURSEMENT.—(A) Defense articles, de11 fense services, and military education and training

12 provided under this subsection shall be made available

13 without reimbursement to the Department of Defense

14 except to the extent that funds are appropriated pur15 suant to subparagraph (B).

16 (B) There are authorized to be appropriated to

17 the President such sums as may be necessary to reim18 burse the applicable appropriation, fund, or account

19 for the value (as defined in section 664(m) of the For20 eign Assistance Act of 1961) of defense articles, de21 fense services, or military education and training

22 provided under this subsection.
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SECTION 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 1995’’.

7 TITLE XXI—ARMY

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts ap11 propriated pursuant to the authorization of appropriations

12 in section 2104(a)(1), the Secretary of the Army may ac13 quire real property and carry out military construction

14 projects for the installations and locations inside the United

15 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Arkansas ............................ Pine Bluff Arsenal ....................................... $97,000,000

California .......................... Fort Irwin .................................................... $10,000,000

Georgia .............................. Fort Benning ................................................ $4,650,000

Fort Gordon ................................................. $48,250,000

Hawaii .............................. Schofield Barracks ....................................... $10,000,000

Kentucky ............................ Fort Campbell .............................................. $36,400,000

Maryland ........................... Aberdeen Proving Grounds ......................... $2,750,000

Adelphi Laboratory Center ......................... $6,600,000

New Jersey ........................ Bayonne Military Ocean Terminal ............ $4,050,000

New York ........................... Fort Drum .................................................... $19,150,000

U.S. Military Academy, West Point .......... $28,000,000

North Carolina .................. Fort Bragg .................................................... $29,000,000

Sunny Point Military Ocean Terminal .... $22,200,000

Oregon ................................ Umatilla Depot Activity ............................. $179,000,000

Oklahoma .......................... Fort Sill ........................................................ $18,000,000

Pennsylvania ..................... Tobyhanna Depot ........................................ $17,000,000
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Army: Inside the United States—Continued

State Installation or location Amount

Texas .................................. Fort Bliss ...................................................... $20,800,000

Fort Hood ..................................................... $49,000,000

Fort Sam Houston ....................................... $7,050,000

Virginia ............................. Fort Lee ........................................................ $21,000,000

Fort Myer ..................................................... $7,300,000

Washington ........................ Fort Lewis .................................................... $64,000,000

CONUS Classified ............ Classified Location ...................................... $1,900,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Army: Outside the United States

Country Location Amount

Korea ...................................... Camp Casey ............................................ $40,800,000

Kwajalein Atoll ...................... Kwajalein ................................................ $6,400,000

Worldwide ............................... Host Nation Support .............................. $25,000,000

7 SEC. 2102. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the

11 Army may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:

Army: Family Housing

State Installation Purpose Amount

Colorado ................... Fort Carson ................... 145 units .................. $16,500,000
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Army: Family Housing—Continued

State Installation Purpose Amount

Georgia ..................... Fort Stewart ................. 128 units .................. $10,600,000

Hawaii ..................... Schofield Barracks ........ 190 units .................. $26,000,000

Massachusetts ........... Natic Research Center .. 35 units .................... $4,150,000

New York .................. U.S. Military Academy,

West Point ................. 56 units .................... $8,000,000

South Carolina ........ Fort Jackson ................. 105 units .................. $12,000,000

Texas ......................... Fort Bliss ...................... 215 units .................. $21,400,000

Fort Sam Houston ....... 100 units .................. $10,000,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2104(a)(5)(A), the Secretary of the Army may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to

7 exceed $5,992,000.

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2104(a)(6)(A), the Sec13 retary of the Army may improve existing military family

14 housing in an amount not to exceed $49,760,000.

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

16 (a) IN GENERAL.—Funds are hereby authorized to be

17 appropriated for fiscal years beginning after September 30,

18 1994, for military construction, land acquisition, and mili-
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1 tary family housing functions of the Department of the

2 Army in the total amount of $2,139,036,000 as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2101(a),

5 $703,100,000.

6 (2) For the military construction projects outside

7 the United States authorized by section 2101(b),

8 $72,200,000.

9 (3) For unspecified minor military construction

10 projects authorized by section 2805 of title 10, United

11 States Code, $12,000,000.

12 (4) For architectural and engineering services

13 and construction design under section 2807 of title

14 10, United States Code, $66,126,000.

15 (5) For military family housing functions:

16 (A) For construction and acquisition of

17 military family housing and facilities,

18 $164,402,000.

19 (B) For support of military family housing

20 (including the functions described in section

21 2833 of title 10, United States Code),

22 $1,121,208,000, of which not more than

23 $243,442,000 may be obligated or expended for

24 the leasing of military family housing world25 wide.
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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 2101 of this Act

6 may not exceed the total amount authorized to be appro7 priated under paragraphs (1) and (2) of subsection (a).

8 SEC. 2105. AUTHORIZATION OF MILITARY CONSTRUCTION

9 PROJECT AT FORT BRAGG, NORTH CAROLINA,

10 FOR WHICH FUNDS HAVE BEEN APPRO11 PRIATED.

12 Using amounts previously appropriated for this pur13 pose, the Secretary of the Army may carry out a military

14 construction project for the construction of a library at Fort

15 Bragg, North Carolina, in the total amount of $5,500,000.

16 TITLE XXII—NAVY

17 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

18 ACQUISITION PROJECTS.

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations

21 in section 2204(a)(1), and, in the case of the project de22 scribed in section 2204(b)(2), other amounts appropriated

23 pursuant to authorizations enacted after this Act for that

24 project, the Secretary of the Navy may acquire real prop25 erty and carry out military construction projects for the
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1 installations and locations inside the United States, and

2 in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

California .......................... Camp Pendleton Amphibious Task Force .. $10,700,000

Camp Pendleton Marine Corp Base ........... $7,470,000

China Lake Naval Air Warfare Center ...... $6,000,000

El Centro Naval Air Facility ..................... $3,000,000

Lemoore Naval Air Station ........................ $7,000,000

North Island Naval Air Station ................. $18,830,000

Port Hueneme Construction Battalion

Center ....................................................... $9,650,000

San Diego Marine Corps Recruit Depot ... $1,090,000

San Diego Naval Station ............................ $4,100,000

Twentynine Palms, Marine Corps AirGround Combat Center ........................... $2,900,000

Florida ............................... Blount Island ............................................... $10,000,000

Jacksonville Fleet and Industrial Supply

Center ....................................................... $2,200,000

Pensacola Naval Air Station ...................... $2,100,000

Hawaii .............................. Kaneohe Bay Marine Corps Air Station ... $171,000

Illinois ............................... Great Lakes Navy Public Works Center .... $13,000,000

Indiana .............................. Crane Naval Surface Warfare Center ........ $8,415,000

Maryland ........................... Indian Head Naval Surface Warfare Center .............................................................. $10,000,000

Patuxent River Naval Air Warfare Center $8,200,000

United States Naval Academy .................... $2,000,000

New Jersey ........................ Lakehurst Naval Air Warfare Center ........ $2,950,000

New Mexico ....................... White Sands Naval Ordnance Missile Test

Station ...................................................... $1,390,000

North Carolina .................. Camp Lejeune Marine Corp Base .............. $14,850,000

Cherry Point Marine Corps Air Station ... $2,100,000

Pennsylvania ..................... Philadelphia Naval Shipyard ..................... $11,500,000

Rhode Island ..................... Newport Naval Education and Training

Center ....................................................... $14,500,000

Newport Naval War College ........................ $28,000,000

South Carolina ................. Beauford Marine Corps Air Station .......... $10,800,000

Parris Island Marine Corps Recruit Depot $8,550,000

Texas .................................. Ingleside Naval Station ............................... $14,110,000

Kingsville Naval Air Station ...................... $1,530,000

Virginia ............................. Chesapeake Naval Security Group Activity $1,150,000

Dam Neck Fleet Combat Training Center . $7,000,000

Little Creek Amphibious Base .................... $5,000,000

Norfolk Marine Corps Security Force Battalion Atlantic ......................................... $6,480,000

Norfolk Naval Base ...................................... $5,100,000

Norfolk Naval Station ................................. $17,430,000

Oceana Naval Air Station .......................... $4,700,000

Quantico Marine Corps Combat Development Command ........................................ $19,900,000

Washington ........................ Bremerton Puget Sound Naval Shipyard . $11,040,000

Everett Naval Station ................................. $21,690,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Whidbey Island Naval Air Station ............ $5,200,000

Various Locations ............. Aircraft Fire Rescue and Vehicle Maintenance Facilities ........................................ $2,200,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the Unit6 ed States, and in the amounts, set forth in the following

7 table:

Navy: Outside the United States

Country Installation or location Amount

Greece ................................. Souda Bay, Crete Naval Support Activity $3,050,000

Guam ................................. Public Works Center .................................... $21,600,000

Italy ................................... Naples Naval Support Activity .................. $28,460,000

Sigonella Naval Air Station ....................... $13,750,000

Puerto Rico ....................... Sabana Seca Naval Security Group Activity ............................................................. $1,650,000

United Kingdom ............... Saint Mawgan Joint Communication

Center ....................................................... $3,900,000

8 SEC. 2202. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2204(a)(5)(A), the Secretary of the

12 Navy may construct or acquire family housing units (in13 cluding land acquisition) at the installations, for the pur14 poses, and in the amounts set forth in the following table:
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Navy: Family Housing

State Installation Purpose Amount

California ................. Camp Pendleton Marine Corps Base ........ 196 units .................. $28,552,000

San Diego Navy Public

Works Center ............. 136 units .................. $18,262,000

Hawaii ..................... Pearl Harbor Public

Works Center.

100 units (replacement) .................... $16,000,000

Maryland .................. Patuxent River Naval

Air Station.

Housing Office ......... $863,000

Mississippi ............... Gulfport Construction

Battalion Center ....... 120 units .................. $10,370,000

Texas ......................... Corpus Christi Naval

Air Station ................ 100 units .................. $11,800,000

Virginia .................... Norfolk Navy Public

Works Center.

Warehouse & Self

Help Center .......... $555,000

Washington ............... Everett Naval Station .. Housing Office ......... $780,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(A), the Secretary of the Navy may carry

4 out architectural and engineering services and construction

5 design activities with respect to the construction or im6 provement of military family housing units in an amount

7 not to exceed $24,681,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(a)(5)(A), the Sec13 retary of the Navy may improve existing military family

14 housing units in the amount of $155,602,000.
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

2 (a) IN GENERAL.—Funds are hereby authorized to be

3 appropriated for fiscal years beginning after September 30,

4 1994, for military construction, land acquisition, and mili5 tary family housing functions of the Department of the

6 Navy in the total amount of $1,569,850,000 as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $325,996,000.

10 (2) For military construction projects outside the

11 United States authorized by section 2201(b),

12 $72,410,000.

13 (3) For unspecified minor construction projects

14 authorized by section 2805 of title 10, United States

15 Code, $7,000,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $43,380,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition of

21 military family housing and facilities,

22 $267,465,000.

23 (B) For support of military housing (in24 cluding functions described in section 2833 of

25 title 10, United States Code), $853,599,000, of

26 which not more than $114,336,000 may be obli-
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1 gated or expended for the leasing of military

2 family housing units worldwide.

3 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

4 PROJECTS.—Notwithstanding the cost variations author5 ized by section 2853 of title 10, United States Code, and

6 any other cost variation authorized by law, the total cost

7 of all projects carried out under section 2201 of this Act

8 may not exceed—

9 (1) the total amount authorized to be appro10 priated under paragraphs (1) and (2) of subsection

11 (a); and

12 (2) $18,000,000 (the balance of the amount au13 thorized under section 2201(a) for the construction of

14 a Strategic Maritime Research Center at the Naval

15 War College, Newport, Rhode Island).

16 SEC. 2205. RESTORATION OF AUTHORITY TO CARRY OUT

17 MILITARY CONSTRUCTION PROJECT AT

18 NAVAL SUPPLY CENTER, PENSACOLA, FLOR19 IDA.

20 (a) REAUTHORIZATION.—Notwithstanding section

21 2205(b)(1)(D)(ii) of the Military Construction Authoriza22 tion Act for Fiscal Year 1994 (division B of Public Law

23 103–160; 107 Stat. 1865), the Secretary of the Navy may

24 carry out the military construction project at the Naval

25 Supply Center, Pensacola, Florida, which involves construc-
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1 tion of a cold storage facility at the installation and was

2 originally authorized by section 2201(a) of the Military

3 Construction Authorization Act for Fiscal Year 1992 (divi4 sion B of Public Law 102–190; 105 Stat. 1514).

5 (b) CONFORMING AMENDMENT.—Section 2205(a) of

6 the Military Construction Authorization Act for Fiscal Year

7 1992 (division B of Public Law 102–190; 105 Stat. 1518),

8 as amended by section 2205(b)(2) of the Military Construc9 tion Authorization Act for Fiscal Year 1994 (division B

10 of Public Law 103–160; 107 Stat. 1865), is further amend11 ed—

12 (A) in the matter preceding the paragraphs, by

13 striking out ‘‘$1,759,990,000’’ and inserting in lieu

14 thereof ‘‘$1,765,690,000’’; and

15 (B) in paragraph (1), by striking out

16 ‘‘$667,700,000’’ and inserting in lieu thereof

17 ‘‘$673,400,000’’.

18 SEC. 2206. DESIGN ACTIVITIES FOR UPGRADE OF MAYPORT

19 NAVAL STATION, FLORIDA.

20 (a) COMMENCEMENT OF DESIGN ACTIVITIES.—At the

21 conclusion of the facilities study prepared by the Secretary

22 of the Navy to identify infrastructure improvements that

23 would be necessary to provide Mayport Naval Station, Flor24 ida, with the capability to serve as a homeport for a nuclear

25 powered aircraft carrier and the programmatic environ-
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1 mental impact study to identify environmental issues asso2 ciated with such improvements, the Secretary shall begin

3 design work for such military construction projects as may

4 be necessary to provide for such a capability.

5 (b) RULE OF CONSTRUCTION.—Nothing in subsection

6 (a) shall be construed as an authorization to the Secretary

7 to proceed with the construction of facilities specifically de8 signed to make Mayport Naval Station capable of serving

9 as a homeport for a nuclear powered aircraft carrier.

10 TITLE XXIII—AIR FORCE

11 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

12 LAND ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations

15 in section 2304(a)(1), the Secretary of the Air Force may

16 acquire real property and carry out military construction

17 projects for the installations and locations inside the United

18 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ............................ Maxwell Air Force Base .............................. $9,600,000

Maxwell Air Force Base Annex .................. 3,700,000

Alaska ................................ Cape Lisburne Long Range Radar Site .... $2,800,000

Arizona .............................. Davis Monthan Air Force Base .................. $1,400,000

California .......................... Beale Air Force Base ................................... $11,850,000

Edwards Air Force Base ............................. $14,850,000

McClellan Air Force Base ........................... $10,150,000

Travis Air Force Base ................................. $12,600,000

Vandenberg Air Force Base ........................ $6,550,000

Colorado ............................. Peterson Air Force Base .............................. $1,750,000

Delaware ............................ Dover Air Force Base .................................. $10,500,000

Florida ............................... Cape Canaveral Air Force Station ............ $10,450,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Georgia .............................. Moody Air Force Base ................................. $13,400,000

Robins Air Force Base ................................ $21,200,000

Idaho .................................. Mountain Home Air Force Base ................ $4,950,000

Illinois ............................... Scott Air Force Base ................................... $2,700,000

Kansas ............................... McConnell Air Force Base .......................... $500,000

Louisiana .......................... Barksdale Air Force Base ........................... $1,500,000

Maryland ........................... Andrews Air Force Base ............................. $6,300,000

Mississippi ........................ Columbus Air Force Base ........................... $10,000,000

Keesler Air Force Base ................................ $11,240,000

Missouri ............................. Whiteman Air Force Base ........................... $24,290,000

Montana ............................ Malstrom Air Force Base ............................ $7,200,000

Nebraska ............................ Offutt Air Force Base .................................. $2,260,000

New Jersey ........................ McGuire Air Force Base ............................. $17,000,000

New Mexico ....................... Holloman Air Force Base ........................... $10,950,000

Kirtland Air Force Base ............................. $3,200,000

North Carolina .................. Pope Air Force Base .................................... $4,750,000

North Dakota .................... Grand Forks Air Force Base ...................... $5,200,000

Minot Air Force Base .................................. $10,350,000

Ohio ................................... Wright-Patterson Air Force Base ............... $8,250,000

Oklahoma .......................... Altus Air Force Base ................................... $3,750,000

Tinker Air Force Base ................................. $20,443,000

Vance Air Force Base .................................. $11,680,000

South Carolina ................. Charleston Air Force Base .......................... $11,400,000

South Dakota .................... Ellsworth Air Force Base ............................ $5,950,000

Tennessee ........................... Arnold Air Force Base ................................ $1,900,000

Texas .................................. Brooks Air Force Base ................................. $6,500,000

Dyess Air Force Base .................................. $5,400,000

Kelly Air Force Base ................................... $16,550,000

Lackland Air Force Base ............................ $5,200,000

Sheppard Air Force Base ............................ $3,300,000

Virginia ............................. Langley Air Force Base .............................. $5,500,000

Washington ........................ Fairchild Air Force Base ............................ $14,350,000

McChord Air Force Base ............................. $10,400,000

Wyoming ........................... F.E. Warren Air Force Base ...................... $2,650,000

CONUS Classified ............ Classified Location ...................................... $2,141,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and may carry out military con5 struction projects for the installations and locations outside
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1 the United States, and in the amounts, set forth in the fol2 lowing table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ............................ Ramstein Air Base ...................................... $12,350,000

Spangdahlem Air Base ................................ $9,473,000

Greenland .......................... Thule Air Base ............................................. $2,450,000

Portugal ............................. Lajes Field, Azores ....................................... $2,850,000

United Kingdom ............... Lakenheath Royal Air Force Base ............. $7,100,000

Overseas Classified ............ Classified Location ...................................... $4,050,000

3 SEC. 2302. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2304(a)(6)(A), the Secretary of the

7 Air Force may construct or acquire family housing units

8 (including land acquisition) at the installations, for the

9 purposes, and in the amounts set forth in the following

10 table:

Air Force: Family Housing

State Installation Purpose Amount

Alabama ................... Maxwell Air Force Base 25 units .................... $2,100,000

Arizona ..................... Davis-Monthan Air

Force Base ................. 110 units .................. $10,029,000

California ................. Beale Air Force Base .... 76 units .................... $8,842,000

Edwards Air Force

Base ........................... 34 units .................... $4,629,000

Los Angeles Air Force

Station ....................... 50 units .................... $5,000,000

Vandenberg Air Force

Base ........................... 128 units .................. $16,460,000

District of Columbia Bolling Air Force Base 100 units .................. $9,000,000

Florida ...................... Patrick Air Force Base 75 units .................... $7,145,000

Idaho ......................... Mountain Home Air

Force Base ................. 4 units ...................... $881,000

Mountain Home Air

Force Base ................. 60 units .................... $5,712,000
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Air Force: Family Housing—Continued

State Installation Purpose Amount

Kansas ...................... McConnell Air Force

Base ........................... 70 units .................... $8,322,000

Louisiana ................. Barksdale Air Force

Base ........................... 82 units .................... $8,236,000

Missouri .................... Whiteman Air Force

Base ........................... Housing Office ......... $567,000

New Mexico .............. Cannon Air Force Base 1 unit ........................ $230,000

Holloman Air Force

Base ........................... 76 units .................... $7,733,000

Kirtland Air Force

Base ........................... 106 units .................. $10,058,000

North Carolina ......... Pope Air Force Base ..... 120 units .................. $14,874,000

Seymour Johnson Air

Force Base ................. 74 units .................... $6,025,000

North Dakota ........... Grand Forks Air Force

Base ........................... Housing Office ......... $709,000

South Carolina ........ Shaw Air Force Base ... 3 units ...................... $631,000

Texas ......................... Dyess Air Force Base ... 59 units .................... $7,077,000

Utah .......................... Hill Air Force Base ...... 138 units .................. $11,400,000

Virginia .................... Langley Air Force Base 148 units .................. $14,421,000

Washington ............... Fairchild Air Force

Base ........................... 6 units ...................... $1,035,000

Wyoming .................. F.E. Warren Air Force

Base ........................... 106 units .................. $11,321,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $9,275,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author-
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1 ization of appropriations in section 2304(a)(6)(A), the Sec2 retary of the Air Force may improve existing military fam3 ily housing units in an amount not to exceed $61,770,000.

4 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

5 FORCE.

6 (a) IN GENERAL.—Funds are hereby authorized to be

7 appropriated for fiscal years beginning after September 30,

8 1994, for military construction, land acquisition, and mili9 tary family housing functions of the Department of the Air

10 Force in the total amount of $1,548,040,000 as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2301(a),

13 $388,554,000.

14 (2) For military construction projects outside the

15 United States authorized by section 2301(b),

16 $38,273,000.

17 (3) For unspecified minor construction projects

18 authorized by section 2805 of title 10, United States

19 Code, $7,000,000.

20 (4) For architectural and engineering services

21 and construction design under section 2807 of title

22 10, United States Code, $49,386,000.

23 (5) For the construction of the climatic test

24 chamber at Eglin Air Force Base, Florida, authorized

25 by section 2301(a) of the Military Construction Au-
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1 thorization Act for Fiscal Year 1993 (division B of

2 Public Law 102–484; 106 Stat. 2594), $20,000,000.

3 (6) For military family housing functions:

4 (A) For construction and acquisition of

5 military family housing and facilities,

6 $243,482,000.

7 (B) For support of military housing (in8 cluding functions described in section 2833 of

9 title 10, United States Code), $801,345,000, of

10 which not more than $112,757,000 may be obli11 gated or expended for leasing of military family

12 housing units worldwide.

13 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

14 PROJECTS.—Notwithstanding the cost variations author15 ized by section 2853 of title 10, United States Code, and

16 any other cost variation authorized by law, the total cost

17 of all projects carried out under section 2301 of this Act

18 may not exceed the total amount authorized to be appro19 priated under paragraphs (1) and (2) of subsection (a).

20 SEC. 2305. REVISION OF FAMILY HOUSING PROJECT AT

21 TYNDALL AIR FORCE BASE, FLORIDA.

22 The table in section 2302(a) of the Military Construc23 tion Authorization Act for Fiscal Year 1994 (division B

24 of Public Law 103–160; 107 Stat. 1869) is amended in the

25 item relating to Tyndall Air Force Base, Florida, by strik-
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1 ing out ‘‘Infrastructure’’ and inserting in lieu thereof ‘‘45

2 units’’.

3 SEC. 2306. AUTHORIZATION OF MILITARY CONSTRUCTION

4 PROJECTS AT TYNDALL AIR FORCE BASE,

5 FLORIDA, FOR WHICH FUNDS HAVE BEEN AP6 PROPRIATED.

7 (a) AUTHORIZATION.—The table in section 2301(a) of

8 the Military Construction Authorization Act for Fiscal Year

9 1994 (Public Law 103–160; 107 Stat. 1867) is amended

10 in the item relating to Tyndall Air Force Base, Florida,

11 by striking out ‘‘$2,600,000’’ and inserting in lieu thereof

12 ‘‘$8,200,000’’.

13 (b) CONFORMING AMENDMENT.—Section 2304(a) of

14 such Act (107 Stat. 1870) is amended—

15 (1) in the matter preceding the paragraphs, by

16 striking out ‘‘$2,040,031,000’’ and inserting in lieu

17 thereof ‘‘$2,045,631,000’’; and

18 (2) in paragraph (1), by striking out

19 ‘‘$877,539,000’’ and inserting in lieu thereof

20 ‘‘$883,139,000’’.

21 SEC. 2307. MODIFICATION OF AIR FORCE PLANT NO. 3.

22 Of the amount authorized to be appropriated under

23 section 301(4) for the Air Force (and made available for

24 real property maintenance), $10,000,000 shall be available
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1 to the Secretary of the Air Force to proceed with the modi2 fication of Air Force Plant No. 3, Tulsa, Oklahoma.

3 SEC. 2308. REPEAL OF LIMITATION ON ORDER OF RETIRE4 MENT OF MINUTEMAN II MISSILES.

5 Section 2307 of the Military Construction Authoriza6 tion Act for Fiscal Year 1991 (division B of Public Law

7 101–510; 104 Stat. 1775) is repealed.

8 TITLE XXIV—DEFENSE

9 AGENCIES

10 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC11 TION AND LAND ACQUISITION PROJECTS.

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2405(a)(1), the Sec14 retary of Defense may acquire real property and carry out

15 military construction projects for the installations and loca16 tions inside the United States, and in the amounts, set forth

17 in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Intelligence Agency.Bolling Air Force Base, Washington, D.C . $600,000

Defense Logistics Agency .. Defense Construction Supply Center, Columbus, Ohio ............................................ $2,200,000

Defense Contract Management Area Office,

El Segundo, California ........................... $5,100,000

Defense Fuel Support Point, Craney Island, Virginia .......................................... $3,652,000

Headquarters, Defense Logistics Agency,

Ft. Belvoir, Virginia ............................... $4,600,000

Defense Medical Facility

Office .............................. Fort Dix, New Jersey .................................. $2,000,000

Fort McPherson, Georgia ............................ $11,400,000

McClellan Air Force Base, California ........ $10,280,000

National Security Agency Fort Meade, Maryland ................................ $5,458,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

Office Secretary of Defense CONUS Classified, Classified Location ..... $5,300,000

Section 6 Schools .............. Naval Surface Warfare Center, Virginia ... $1,300,000

Special Operations Force . Eglin Auxiliary Field No. 9, Florida ........ $12,300,000

Kirtland Air Force Base, New Mexico ....... $9,600,000

Naval Base Coronado, San Diego, California ............................................................. $3,400,000

1 SEC. 2402. FAMILY HOUSING.

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(11)(A), the

4 Secretary of Defense may construct or acquire family hous5 ing units (including land acquisition) at the location, for

6 the purpose, and in the amount set forth in the following

7 table:

Air Force: Family Housing

Country Agency Purpose Amount

Belgium .................... National Security Agency ............................... 1 unit ........................ $300,000

8 SEC. 2403. IMPROVEMENT TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2835 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2405(a)(11)(A), the

13 Secretary of Defense may improve existing military family

14 housing units in an amount not to exceed $50,000.

15 SEC. 2404. ENERGY CONSERVATION PROJECTS.

16 Using amounts appropriated pursuant to the author17 ization of appropriations in section 2405(a)(8), the Sec-
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1 retary of Defense may carry out energy conservation

2 projects under section 2865 of title 10, United States Code.

3 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

4 AGENCIES.

5 (a) IN GENERAL.—Funds are hereby authorized to be

6 appropriated for fiscal years beginning after September 30,

7 1994, for military construction, land acquisition, and mili8 tary family housing functions of the Department of Defense

9 (other than the military departments), in the total amount

10 of $2,999,138,000 as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2401(a),

13 $77,190,000.

14 (2) For military construction projects at Ports15 mouth Naval Hospital, Virginia, authorized by sec16 tion 2401(a) of the Military Construction Authoriza17 tion Act for Fiscal Years 1990 and 1991 (division B

18 of Public Law 101–189; 103 Stat. 1640),

19 $120,000,000.

20 (3) For military construction projects at Elmen21 dorf Air Force Base, Alaska, hospital replacement,

22 authorized by section 2401(a) of the Military Con23 struction Authorization Act for Fiscal Year 1993 (di24 vision B of Public Law 102–484; 106 Stat. 2599),

25 $66,000,000.
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1 (4) For military construction projects at Fort

2 Bragg, North Carolina, hospital replacement, author3 ized by section 2401(a) of the Military Construction

4 Authorization Act for Fiscal Year 1993 (division B of

5 Public Law 102–484; 106 Stat. 2599), $75,000,000.

6 (5) For unspecified minor construction projects

7 under section 2805 of title 10, United States Code,

8 $22,348,000.

9 (6) For contingency construction projects of the

10 Secretary of Defense under section 2804 of title 10,

11 United States Code, $8,501,000.

12 (7) For architectural and engineering services

13 and for construction design under section 2807 of title

14 10, United States Code, $45,960,000.

15 (8) For energy conservation projects authorized

16 by section 2404, $50,000,000.

17 (9) For base closure and realignment activities

18 as authorized by title II of the Defense Authorization

19 Amendments and Base Closure and Realignment Act

20 (Public Law 100–526; 10 U.S.C. 2687 note),

21 $87,600,000.

22 (10) For base closure and realignment activities

23 as authorized by the Defense Base Closure and Re24 alignment Act of 1990 (part A of title XXIX of Public

25 Law 101–510; 10 U.S.C. 2687 note), $2,417,148,000.
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1 (11) For military family housing functions:

2 (A) For construction and acquisition of

3 military family housing and facilities, $350,000.

4 (B) For support of military housing (in5 cluding functions described in section 2833 of

6 title 10, United States Code), $29,031,000, of

7 which not more than $24,051,000 may be obli8 gated or expended for the leasing of military

9 family housing units worldwide.

10 (b) LIMITATION OF TOTAL COST OF CONSTRUCTION

11 PROJECTS.—Notwithstanding the cost variations author12 ized by section 2853 of title 10, United States Code, and

13 any other cost variations authorized by law, the total cost

14 of all projects carried out under section 2401 of this Act

15 may not exceed the total amount authorized to be appro16 priated under subsection (a)(1) of this section.

17 SEC. 2406. COMMUNITY IMPACT ASSISTANCE WITH REGARD

18 TO NAVAL WEAPONS STATION, CHARLESTON,

19 SOUTH CAROLINA.

20 Using amounts appropriated pursuant to the author21 ization of appropriations in section 2405(a)(9), the Sec22 retary of the Navy shall transfer $3,000,000 to the South

23 Carolina Department of Highways and Public Transpor24 tation to be used for improvements to North Rhett Avenue,

25 which provides access to the Naval Weapons Station,
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1 Charleston, South Carolina, to help alleviate the adverse ef2 fects of the closure of the Charleston Naval Station and

3 Charleston Naval Shipyard, South Carolina, on the sur4 rounding communities.

5 TITLE XXV—NORTH ATLANTIC

6 TREATY ORGANIZATION IN7 FRASTRUCTURE

8 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 The Secretary of Defense may make contributions for

11 the North Atlantic Treaty Organization Infrastructure Pro12 gram, as provided in section 2806 of title 10, United States

13 Code, in an amount not to exceed the sum of the amount

14 authorized to be appropriated for this purpose in section

15 2502 and the amount collected from the North Atlantic

16 Treaty Organization as a result of construction previously

17 financed by the United States.

18 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

19 Funds are hereby authorized to be appropriated for fis20 cal years beginning after September 30, 1994, for contribu21 tions by the Secretary of Defense under section 2806 of title

22 10, United States Code, for the share of the United States

23 of the cost of projects for the North Atlantic Treaty Organi24 zation Infrastructure Program, as authorized by section

25 2501, in the amount of $119,000,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FORCES FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 There are authorized to be appropriated for fiscal

6 years beginning after September 30, 1994, for the costs of

7 acquisition, architectural and engineering services, and

8 construction of facilities for the Guard and Reserve Forces,

9 and for contributions therefor, under chapter 133 of title

10 10, United States Code (including the cost of acquisition

11 of land for those facilities), the following amounts:

12 (1) For the Department of the Army—

13 (A) for the Army National Guard of the

14 United States, $145,067,000; and

15 (B) for the Army Reserve, $37,410,000.

16 (2) For the Department of the Navy, for the

17 Naval and Marine Corps Reserve, $11,905,000.

18 (3) For the Department of the Air Force—

19 (A) for the Air National Guard of the Unit20 ed States, $210,212,000; and

21 (B) for the Air Force Reserve, $55,516,000.

22 SEC. 2602. PROHIBITION ON USING FUNDS FOR UNAUTHOR23 IZED GUARD AND RESERVE PROJECTS.

24 Unless otherwise specifically authorized by a law en25 acted after the date of the enactment of this Act, funds ap-
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1 propriated pursuant to the authorization of appropriations

2 in section 2601 may only be used for the purpose of paying

3 for the costs of acquisition, architectural and engineering

4 services, and construction of facilities for the Guard and

5 Reserve Forces (and for contributions for such purposes)

6 under chapter 133 of title 10, United States Code, in the

7 case of projects for the Guard and Reserve Forces specified

8 in the joint explanatory statement of the committee of con9 ference to accompany the bill H.R. 4301 of the One Hun10 dred and Third Congress.

11 SEC. 2603. AUTHORIZATION OF PROJECTS FOR WHICH

12 FUNDS HAVE BEEN APPROPRIATED.

13 Section 2601 of the Military Construction Authoriza14 tion Act for Fiscal Year 1994 (division B of Public Law

15 103–160; 107 Stat. 1878) is amended—

16 (1) in paragraph (1), by striking out

17 ‘‘$283,483,000’’ and inserting in lieu thereof

18 ‘‘$289,398,000’’; and

19 (2) in paragraph (2), by striking out

20 ‘‘$25,013,000’’ and inserting in lieu thereof

21 ‘‘$33,713,000’’.

22 SEC. 2604. STATE NATIONAL GUARD HEADQUARTERS, FORT

23 DIX, NEW JERSEY.

24 Funds appropriated pursuant to the authorization of

25 appropriations in section 2601(1)(A) of the Military Con-
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1 struction Authorization Act for Fiscal Year 1993 (division

2 B of Public Law 102–484; 106 Stat. 2602) for the renova3 tion of facilities at Fort Dix, New Jersey, for the purpose

4 of accommodating a consolidated New Jersey National

5 Guard headquarters may also be used for additions and al6 terations to such facilities for the same purpose.

7 TITLE XXVII—EXPIRATION AND

8 EXTENSION OF AUTHORIZA9 TIONS

10 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

11 AMOUNTS REQUIRED TO BE SPECIFIED BY

12 LAW.

13 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

14 YEARS.—Except as provided in subsection (b), all author15 izations contained in titles XXI through XXVI for military

16 construction projects, land acquisition, family housing

17 projects and facilities, and contributions to the North At18 lantic Treaty Organization Infrastructure program (and

19 authorizations of appropriations therefor) shall expire on

20 the later of—

21 (1) October 1, 1997; or

22 (2) the date of the enactment of an Act authoriz23 ing funds for military construction for fiscal year

24 1998.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to au2 thorizations for military construction projects, land acqui3 sition, family housing projects and facilities, and contribu4 tions to the North Atlantic Treaty Organization Infrastruc5 ture program (and authorizations of appropriations there6 for), for which appropriated funds have been obligated be7 fore the later of—

8 (1) October 1, 1997; or

9 (2) the date of the enactment of an Act authoriz10 ing funds for fiscal year 1998 for military construc11 tion projects, land acquisition, family housing

12 projects and facilities, or contributions to the North

13 Atlantic Treaty Organization Infrastructure program.

14 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

15 FISCAL YEAR 1992 PROJECTS.

16 (a) EXTENSIONS.—Notwithstanding section 2701 of

17 the Military Construction Authorization Act for Fiscal Year

18 1992 (division B of Public Law 102–190, 105 Stat. 1535),

19 authorizations for the projects set forth in the tables in sub20 section (b), as provided in section 2101, 2102, 2201, 2301,

21 or 2601 of that Act, shall remain in effect until October

22 1, 1995, or the date of the enactment of an Act authorizing

23 funds for military construction for fiscal year 1996, which24 ever is later.
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1 (b) TABLES.—The tables referred to in subsection (a)

2 are as follows:

Army: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Colorado .................. Fort Carson .................... Family Housing New

Construction (1

Unit) ..................... $150,000

Georgia .................... Camp Merrill ................. Family Housing New

Construction (36

Units) .................... $4,550,000

Fort Benning ................. General Instruction

Facility.

$2,150,000

Oregon ..................... Umatilla Depot Activity Ammunition Demilitarization Support

Facility.

$3,600,000

Ammunition Demilitarization Utilities $7,500,000

Navy: Extension of 1992 Project Authorizations

State Installation or location Project Amount

Mississippi .............. Gulfport Naval Construction Battalion

Center ......................... Controlled Humidity

Warehouse.

$7,000,000

West Virginia .......... Green Bank Naval Observatory .................... Alternate Operations

Center.

$5,400,000

Italy ......................... Sigonella Naval Air

Station ....................... Operations Control

Center.

$9,850,000

Outside United

States ................... Various locations ........... Satellite terminal ..... $8,770,000

Air Force: Extension of 1992 Project Authorization

State Installation or location Project Amount

Alaska ...................... Eareckson Air Force

Station (formerly

Shemya Air Force

Base).

Hazardous Materials

Storage .................. $4,000,000

Army National Guard: Extension of 1992 Project Authorizations

State Location Project Amount

California ................ Stockton .......................... Additions & Alterations CSMS ........ $1,613,000
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Army National Guard: Extension of 1992 Project Authorizations—

Continued

State Location Project Amount

District of Columbia Fort Belvoir ................... Addition, Aviation

AASF .................... $2,765,000

Maryland ................ Cheltenham .................... Armory ...................... $3,300,000

Towson ........................... DLOG Warehouse .... $373,000

Mississippi .............. West Point ...................... Maintenance Shop ... $1,270,000

Tupelo ............................. Maintenance Shop ... $992,000

Senatobia ....................... Maintenance Shop ... $723,000

Nevada ..................... Washoe County .............. Maintenance Shop ... $1,050,000

North Carolina ....... Camp Butner ................. Range ........................ $986,000

Ohio ......................... Toledo ............................. Armory ...................... $3,183,000

Rhode Island ........... Camp Varnum ............... Sewer and Water

System .................. $578,000

Camp Fogarty ............... Armory ...................... $5,151,000

West Virginia .......... Huntington .................... Guard&Reserve Center .......................... $2,983,000

Army Reserve: Extension of 1992 Project Authorizations

State Location Project Amount

Massachusetts .......... Taunton .......................... USAR Center ........... $3,526,000

Ohio ......................... Perrysburg ...................... Reserve Center Addition ........................ $2,749,000

Pennsylvania .......... Johnstown ...................... Army&Marine Corps

Aviation Facility . $30,224,000

Tennessee ................. Jackson ........................... Joint Training Facility ...................... $1,537,000

West Virginia .......... Huntington .................... Guard&Reserve Center .......................... $6,617,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1991 PROJECTS.

3 (a) EXTENSIONS.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal Year

5 1991 (division B of Public Law 101–510, 104 Stat. 1782),

6 the authorizations for the projects set forth in the tables in

7 subsection (b), as provided in section 2201 or 2401 of that

8 Act and extended by section 2702(a) of the Military Con9 struction Authorization Act for Fiscal Year 1992 (division
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1 B of Public Law 102–190; 105 Stat. 1535) and section 2702

2 of the Military Construction Authorization Act for Fiscal

3 Year 1994 (division B of Public Law 103–160; 107 Stat.

4 1880), shall remain in effect until October 1, 1995, or the

5 date of the enactment of an Act authorizing funds for mili6 tary construction for fiscal year 1996, whichever is later.

7 (b) TABLE.—The tables referred to in subsection (a)

8 is as follows:

Navy: Extension of 1991 Project Authorization

State Installation or location Project Amount

Connecticut ............. New London Naval Submarine Base.Thames River Dredging ......................... $5,300,000

Defense Agencies: Extension of 1991 Project Authorization

State location Project Amount

Maryland ................ Defense Logistics Agency, Defense

Reutilization & Marketing Office, Fort

Meade ......................... Covered Storage ........ $9,500,000

9 SEC. 2704. EFFECTIVE DATE.

10 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

11 take effect on the later of—

12 (1) October 1, 1994; and

13 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. STRENGTHENING MONETARY LIMITATION ON

7 RENOVATION OF FACILITIES.

8 (a) APPLICATION OF LIMITATION TO REPAIRS.—Sec9 tion 2811 of title 10, United States Code, is amended—

10 (1) in subsection (a)—

11 (A) by inserting ‘‘repair projects and’’ after

12 ‘‘carry out’’;

13 (B) by striking out ‘‘that combine mainte14 nance, repair, and minor construction projects’’;

15 and

16 (C) by adding at the end the following new

17 sentence: ‘‘For purposes of this section, a repair

18 project combines maintenance and repair for a

19 facility and a renovation project combines main20 tenance, repair, and minor construction

21 projects.’’; and

22 (2) in subsection (b), by inserting ‘‘repair project

23 or’’ after ‘‘such a’’.

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

25 section is amended to read as follows:
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1 ‘‘§ 2811. Repair or renovation of facilities’’.

2 (2) The item related to such section in the table of sec3 tions at the beginning of subchapter I of chapter 169 of title

4 10, United States Code, is amended to read as follows:

‘‘2811. Repair or renovation of facilities.’’.

5 SEC. 2802. NAVY HOUSING INVESTMENT AGREEMENTS.

6 (a) INVESTMENT AGREEMENTS AUTHORIZED.—Sub7 chapter II of chapter 169 of title 10, United States Code,

8 is amended by adding at the end the following new section:

9 ‘‘§ 2837. Investment agreements with private devel10 opers of housing

11 ‘‘(a) INVESTMENT AGREEMENTS.—The Secretary of

12 the Navy may enter into investment agreements with pri13 vate developers to encourage the construction of housing and

14 accessory structures within commuting distance of a mili15 tary installation, under the jurisdiction of the Secretary,

16 at which there is a shortage of suitable housing to meet the

17 requirements of members of the naval service with or with18 out dependents.

19 ‘‘(b) COLLATERAL INCENTIVE AGREEMENTS.—The

20 Secretary may also enter into collateral incentive agree21 ments with private developers who enter into an investment

22 agreement under subsection (a) to ensure that, where appro23 priate—
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1 ‘‘(1) members of the naval service will have pri2 ority for a fair share of any housing within the scope

3 of the investment contract; or

4 ‘‘(2) rental rates or sale prices, as appropriate,

5 for some or all of the units will be affordable for such

6 members.

7 ‘‘(c) SELECTION OF INVESTMENT OPPORTUNITIES.—

8 Any investment agreement under subsection (a) shall be

9 made through the use of publicly advertised, competitively

10 bid or competitively negotiated, contracting procedures, as

11 provided in chapter 137 of this title.

12 ‘‘(d) ACCOUNT.—(1) There is hereby established on the

13 books of the Treasury an account to be known as the ‘Navy

14 Housing Investment Account’, which shall be administered

15 by the Navy Housing Investment Board established under

16 section 2838 of this title.

17 ‘‘(2) There shall be deposited into the Account—

18 ‘‘(A) such funds as may be authorized for and

19 appropriated to the Account; and

20 ‘‘(B) any proceeds received from the repayment

21 of investments or profits on investments under sub22 section (a).

23 ‘‘(3) In such amounts as is provided in advance in

24 appropriation Acts, the Account shall be available for con-
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1 tracts, investments, and expenses necessary for the imple2 mentation of this section and section 2838 of this title.

3 ‘‘(e) REPORT.—Not later than 60 days after the end

4 of each fiscal year in which the Secretary carries out activi5 ties under this section, the Secretary shall transmit a report

6 to Congress specifying the amount and nature of the depos7 its into, and the expenditures from, the Account during such

8 fiscal year and of the amount and nature of all other ex9 penditures made pursuant to such section during such fiscal

10 year.

11 ‘‘(f) TRANSFER OF NAVY LANDS PROHIBITED.—Noth12 ing in this section shall be construed to permit the Sec13 retary, as part of an agreement entered into under this sec14 tion, to transfer the right, title, or interest of the United

15 States in any real property under the jurisdiction of the

16 Secretary.

17 ‘‘(g) EXPIRATION OF AUTHORITY.—The authority of

18 the Secretary to enter into an agreement under this section

19 shall expire on September 30, 1999.’’.

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

21 the beginning of such subchapter is amended by adding at

22 the end the following new item:

‘‘2837. Investment agreements with private developers of housing.’’.

23 SEC. 2803. NAVY HOUSING INVESTMENT BOARD.

24 (a) INVESTMENT BOARD AUTHORIZED.—Subchapter

25 II of chapter 169 of title 10, United States Code, is amended
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1 by inserting after section 2837 (as added by section 2802)

2 the following new section:

3 ‘‘§ 2838. Navy Housing Investment Board

4 ‘‘(a) ESTABLISHMENT.—The Secretary of the Navy

5 may establish a board to be known as the ‘Navy Housing

6 Investment Board’.

7 ‘‘(b) MEMBERS.—(1) The Navy Housing Investment

8 Board shall be composed of seven members appointed for

9 a two-year term by the Secretary. Among such members,

10 the Secretary may appoint two persons from the private

11 sector who have knowledge and experience in the financing

12 and the construction of housing.

13 ‘‘(2) The Secretary shall designate one of the members

14 as chairperson of the Board.

15 ‘‘(3) Members of the Board, other than those members

16 regularly employed by the Federal Government, may be

17 paid while attending meetings of the Board or otherwise

18 serving at the request of the Secretary, compensation at a

19 rate equal to the daily equivalent of the minimum annual

20 rate of basic pay payable for level IV of the Executive

21 Schedule under section 5315 of title 5, United States Code,

22 for each day (including travel time) during which the mem23 ber is engaged in the actual performance of duties vested

24 in the Board. Members shall receive travel expenses, includ-
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1 ing per diem in lieu of subsistence, in accordance with sec2 tion 5702 and 5703 of title 5, United States Code.

3 ‘‘(c) DUTIES.—The Navy Housing Investment Board

4 shall—

5 ‘‘(1) advise the Secretary regarding which pro6 posed investment agreements under section 2837 of

7 this title, if any, are financially and otherwise sound

8 investments for meeting the objectives of such section;

9 and

10 ‘‘(2) assist the Secretary in such other ways as

11 the Secretary determines to be necessary and appro12 priate.

13 ‘‘(d) TERMINATION OF BOARD.—The Navy Housing

14 Investment Board shall terminate on November 30, 1999.’’.

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

16 the beginning of such subchapter is amended by inserting

17 after the item relating to section 2837 (as added by section

18 2802) the following new item:

‘‘2838. Navy Housing Investment Board.’’.
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1 Subtitle B—Defense Base Closure

2 and Realignment

3 SEC. 2811. PROHIBITION AGAINST CONSIDERATION IN BASE

4 CLOSURE PROCESS OF ADVANCE ECONOMIC

5 PLANNING UNDERTAKEN BY COMMUNITIES

6 ADJACENT TO MILITARY INSTALLATIONS.

7 Section 2903(c)(3) of the Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of Public Law

9 101–510; 10 U.S.C. 2687 note) is amended by adding at

10 the end the following: ‘‘However, in recommending military

11 installations for closure or realignment, the Secretary (and

12 the Commission in reviewing such recommendations) shall

13 not—

14 ‘‘(A) in calculating the economic impact of the

15 closure or realignment of a military installation, con16 sider advance economic planning undertaken by a

17 community as a precaution against the possible clo18 sure or realignment of the military installation; or

19 ‘‘(B) otherwise penalize communities that under20 take such advance economic planning.’’.
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1 SEC. 2812. REPAYMENT OF STATE AND LOCAL COSTS IN2 CURRED IN CONNECTION WITH ESTABLISH3 MENT OF CERTAIN MILITARY INSTALLATIONS

4 SELECTED FOR CLOSURE.

5 (a) REPAYMENT REQUIRED ON ACCOUNT OF CLO6 SURE.—In such aggregate amount as may be provided in

7 advance in appropriation Acts to carry out this section,

8 the Secretary of Defense shall repay a State, county, or mu9 nicipal entity (or an agency or political subdivision of any

10 such entity) for any funds described in subsection (b) that

11 were expended or obligated by such entity to assist the Unit12 ed States in establishing a military installation described

13 in subsection (e). The amount repaid shall include interest,

14 calculated at a rate that is the greater of the interest rate

15 of any bonds issued and the interest rate of Federal Treas16 ury notes.

17 (b) DESCRIPTION OF FUNDS TO BE REPAID.—The

18 funds referred to in subsection (a) that are required to be

19 repaid shall include funds raised and bonds issued for the

20 purposes of military construction, pier construction and

21 improvement, land purchase, and infrastructure and utility

22 improvements in direct support of the military installation

23 to be closed.

24 (c) BASE ON-TIME COST REPORT.—Any payment re25 quired to be made under subsection (a) with respect to a

26 military installation shall be used in the calculation of the
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1 Base On-Time Cost Report used to determine the cost of

2 closing the installation. A possible sale of assets at the in3 stallation may not be included in such calculation.

4 (d) PROHIBITION OF CERTAIN REQUIRED PAY5 MENTS.—An entity described in subsection (a), or an agen6 cy or political subdivision of such an entity, may not be

7 required to pay for the cost of any improvement at the mili8 tary installation.

9 (e) MILITARY INSTALLATIONS COVERED.—This section

10 shall apply with respect to military installations—

11 (1) for which construction in connection with the

12 establishment of the installation began on or after

13 January 1, 1985; and

14 (2) which were selected for closure on or after

15 January 1, 1993.

16 SEC. 2813. LIMITATION ON SOURCES OF FUNDS AVAILABLE

17 TO IMPLEMENT BASE CLOSURES AND

18 REALIGNMENTS.

19 Section 2905(a)(1)(A) of the Defense Base Closure and

20 Realignment Act of 1990 (part A of title XXIX of Public

21 Law 101–510; 10 U.S.C. 2687 note) is amended by striking

22 out ‘‘and may use’’ and all that follows through ‘‘mainte23 nance;’’ and inserting in lieu thereof ‘‘and shall use for such

24 purposes funds in the Account;’’.
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1 SEC. 2814. PROHIBITION ON TRANSFER OF CERTAIN PROP2 ERTY LOCATED AT MILITARY INSTALLATIONS

3 TO BE CLOSED PENDING COMPLETION OF RE4 DEVELOPMENT PLANS.

5 (a) CLOSURES UNDER 1988 ACT.—(1) Section

6 204(b)(3)(D) of the Defense Authorization Amendments and

7 Base Closure and Realignment Act (title II of Public Law

8 100–526; 10 U.S.C. 2687 note) is amended by adding at

9 the end the following new sentence: ‘‘Subject to subpara10 graphs (E) and (F), pending the completion of the redevel11 opment plan for the installation and approval of the rede12 velopment plan by the Secretary, the Secretary shall ensure

13 that all items of personal property located at the installa14 tion are retained at the installation unless the redevelop15 ment authority identifies such items as unnecessary to the

16 reuse or redevelopment of the installation.’’.

17 (b) CLOSURES UNDER 1990 ACT.—Section

18 2905(b)(3)(D) of the Defense Base Closure and Realignment

19 Act of 1990 (part A of title XXIX of Public Law 101–510;

20 10 U.S.C. 2687 note) is amended by adding at the end the

21 following new sentence: ‘‘Subject to subparagraphs (E) and

22 (F), pending the completion of the redevelopment plan for

23 the installation and approval of the redevelopment plan by

24 the Secretary, the Secretary shall ensure that all items of

25 personal property located at the installation are retained

26 at the installation unless the redevelopment authority iden-
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1 tifies such items as unnecessary to the reuse or redevelop2 ment of the installation.’’.

3 SEC. 2815. REPORT OF EFFECT OF BASE CLOSURES ON FU4 TURE MOBILIZATION OPTIONS

5 (a) REPORT REQUIRED.—The Secretary of Defense

6 shall prepare a report evaluating the effect of base closures

7 and realignments conducted since January 1, 1987, on the

8 ability of the Armed Forces to remobilize to the end strength

9 levels authorized for fiscal year 1987 by sections 401, 403,

10 411, 412, and 421 of the National Defense Authorization

11 Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat.

12 3859). The report shall identify those military construction

13 projects, if any, that would be necessary to facilitate such

14 remobilization and any defense assets disposed of under a

15 base closure or realignment, such as air space, that would

16 be difficult to reacquire in the event of such remobilization.

17 (b) TIME FOR SUBMISSION.—Not later than January

18 1, 1995, the Secretary shall submit the report required by

19 this section to Congress. Not later than September 30, 1995,

20 the Secretary shall revise and resubmit the report to Con21 gress to reflect the consequences of the closure or realignment

22 of military installations selected for closure or realignment

23 in 1995.
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1 SEC. 2816. RESTORATION OF ANNUAL LEAVE FOR CIVILIAN

2 EMPLOYEES IN CONNECTION WITH CERTAIN

3 BASE REALIGNMENTS.

4 (a) RESTORATION REQUIRED.—Section 6304(d)(3) of

5 title 5, United States Code, is amended—

6 (1) by striking ‘‘closure of’’ and inserting ‘‘clo7 sure of, and any realignment with respect to,’’;

8 (2) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;

9 and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(B) For the purpose of subparagraph (A), the term

13 ‘realignment’ has the meaning given such term in section

14 2687(a)(2) of title 10.’’.

15 (b) APPLICATION OF AMENDMENTS.—The amendments

16 made by subsection (a) shall apply only with respect to the

17 restoration of annual leave of employees at military instal18 lations undergoing realignment if such leave is lost by oper19 ation of section 6304 of title 5, United States Code, on or

20 after the date of the enactment of this Act.

21 SEC. 2817. GOVERNMENT RENTAL OF FACILITIES LOCATED

22 ON CLOSED MILITARY INSTALLATIONS.

23 (a) AUTHORIZATION TO RENT BASE CLOSURE PROP24 ERTIES.—To promote the rapid conversion of military in25 stallations that are closed pursuant to a base closure law,

26 the Administrator of the General Services may give prior-
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1 ity consideration, when leasing space in accordance with

2 the Public Buildings Act of 1959 (40 U.S.C. 601 et seq.)

3 and the Federal Property and Administrative Services Act

4 of 1949 (40 U.S.C. 471 et seq.), to facilities of such an in5 stallation that have been acquired by a non-Federal entity.

6 (b) BASE CLOSURE LAW DEFINED.—For purposes of

7 this section, the term ‘‘base closure law’’ means the Defense

8 Base Closure and Realignment Act of 1990 (part A of title

9 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and

10 title II of the Defense Authorization Amendments and Base

11 Closure and Realignment Act (Public Law 100–526; 10

12 U.S.C. 2687 note).

13 Subtitle C—Changes to Existing

14 Land Conveyance Authority

15 SEC. 2821. ADDITIONAL LESSEE OF PROPERTY AT NAVAL

16 SUPPLY CENTER, OAKLAND, CALIFORNIA.

17 Section 2834(b) the Military Construction Authoriza18 tion Act for Fiscal Year 1993 (division B of Public Law

19 102–484; 106 Stat. 2614) is amended—

20 (1) is paragraph (1)—

21 (A) by striking out ‘‘City’’ the second place

22 it appears and inserting in lieu thereof ‘‘Cities’’;

23 and
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1 (B) by inserting ‘‘the City of Alameda,

2 California,’’ after ‘‘California,’’ the first place it

3 appears; and

4 (2) in paragraphs (2) and (3), by striking out

5 ‘‘City’’ each place it appears and inserting in lieu

6 thereof ‘‘Cities’’.

7 SEC. 2822. MODIFICATIONS OF LAND CONVEYANCE, FORT

8 A.P. HILL MILITARY RESERVATION, VIRGINIA.

9 (a) PARTICIPATING POLITICAL SUBDIVISIONS.—Sub10 section (c)(3) of section 603 of the Persian Gulf Conflict

11 Supplemental Authorization and Personnel Benefits Act of

12 1991 (Public Law 102–25, 105 Stat. 107) is amended by

13 striking out subparagraph (B) and inserting in lieu thereof

14 the following new subparagraph:

15 ‘‘(B) Subparagraph (A) shall not be construed to pro16 hibit any political subdivision not named in such subpara17 graph—

18 ‘‘(i) from initially participating in the written

19 agreement referred to in paragraph (2); or

20 ‘‘(ii) from agreeing at a later date to participate

21 in the regional correctional facility to be constructed

22 and operated on the parcel of land conveyed pursuant

23 to this section either as a member of the government

24 or by contract with such governmental entity.’’.
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1 (b) TIME FOR CONSTRUCTION AND OPERATION.—Sub2 section (d)(1)(A) of such section is amended—

3 (1) by striking out clause (i) and inserting in

4 lieu thereof the following new clause:

5 ‘‘(i) construction of a regional correctional facil6 ity pursuant to the agreement referred to in sub7 section (c)(2) commence not later than April 1,

8 1997;’’; and

9 (2) in clause (ii), by striking out ‘‘five years

10 after such date’’ and inserting in lieu thereof ‘‘April

11 1, 2002’’.

12 SEC. 2823. PRESERVATION OF CALVERTON PINE BARRENS,

13 NAVAL WEAPONS INDUSTRIAL RESERVE

14 PLANT, NEW YORK, AS NATURE PRESERVE.

15 (a) PRESERVATION AS NATURE PRESERVE RE16 QUIRED.—Section 2854 of the Military Construction Au17 thorization Act for Fiscal Year 1993 (division B of Public

18 Law 102–484, 106 Stat. 2626) is amended—

19 (1) by redesignating subsections (a) and (b) as

20 subsections (c) and (d); and

21 (2) by inserting before subsection (c), as so redes22 ignated, the following new subsections:

23 ‘‘(a) PURPOSE.—It is the purpose of this section to en24 sure that the Calverton Pine Barrens is maintained and
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1 preserved, in perpetuity, as a nature preserve in its current

2 undeveloped state.

3 ‘‘(b) PROHIBITION ON INCONSISTENT DEVELOP4 MENT.—The Secretary of the Navy shall not carry out or

5 permit any development, commercial or residential, at the

6 Calverton Pine Barrens that is inconsistent with the pur7 pose specified in subsection (a).’’.

8 (b) CONFORMING AMENDMENT.—Subsection (c) of such

9 section, as redesignated by subsection (a)(1), is amended—

10 (1) by striking out ‘‘PROHIBITION.—’’ and in11 serting in lieu therefore ‘‘REVERSIONARY INTER12 EST.—’’; and

13 (2) by striking out ‘‘for commercial purposes’’

14 and all that follows through the period and inserting

15 in lieu thereof ‘‘in a manner inconsistent with the

16 purpose specified in subsection (a) (as determined by

17 the head of the department or agency making the con18 veyance).’’.

19 SEC. 2824. RELEASE OF REVERSIONARY INTEREST RE20 TAINED AS PART OF CONVEYANCE OF ELEC21 TRICITY DISTRIBUTION SYSTEM, FORT DIX,

22 NEW JERSEY.

23 Section 2846 of the Military Construction Authoriza24 tion Act for Fiscal Year 1994 (division B of Public Law

25 103–160; 107 Stat. 1904) is amended—
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1 (1) by striking out subsection (f); and

2 (2) by redesignating subsections (g) and (h) as

3 subsections (f) and (g), respectively.

4 Subtitle D—Land Conveyances

5 SEC. 2831. LAND CONVEYANCE, AIR FORCE PLANT NO. 3,

6 TULSA, OKLAHOMA.

7 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

8 Air Force may convey, without consideration, to the City

9 of Tulsa, Oklahoma (in this section referred to as the

10 ‘‘City’’), all right, title, and interest of the United States

11 in and to a parcel of real property, including any improve12 ments thereon, which consists of approximately 337 acres

13 located in Tulsa, Oklahoma, and is known as Air Force

14 Plant No. 3. The Secretary may also convey facilities,

15 equipment and fixtures (including special tooling and spe16 cial test equipment) located on the parcel to be conveyed

17 if the Secretary determines that manufacturing activities

18 requiring the use of such equipment are likely to continue

19 or be reinstated on the parcel after conveyance of the parcel.

20 (b) LEASE AUTHORITY.—Until such time as the real

21 property described in subsection (a) is conveyed by deed,

22 the Secretary may lease the property, along with improve23 ments thereon, to the City in exchange for security services,

24 fire protection, and maintenance provided by the City for

25 the property.
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1 (c) CONDITION OF CONVEYANCE.—The conveyance au2 thorized under subsection (a) shall be subject to the condi3 tion that the City, directly or through an agreement with

4 a public or private entity, shall use the conveyed property

5 (or offer the conveyed property for use) for economic redevel6 opment to replace all or a part of the economic activity

7 being lost at the parcel.

8 (d) REVERSIONARY INTEREST.—During the five-year

9 period beginning on the date the Secretary makes the con10 veyance authorized under subsection (a), if the Secretary

11 determines that the conveyed real property is not being used

12 in accordance with subsection (c), all right, title, and inter13 est in and to the property (including any facilities, equip14 ment, or fixtures conveyed) shall revert to the United States,

15 and the United States shall have the right of immediate

16 entry onto the property. Any determination of the Secretary

17 under this section shall be made on the record after an op18 portunity for a hearing.

19 (e) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary. The cost of such survey shall be

23 borne by the City.

24 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions
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1 in connection with the conveyance under subsection (a) or

2 a lease under subsection (b) as the Secretary considers ap3 propriate to protect the interests of the United States.

4 SEC. 2832. LAND CONVEYANCE, AIR FORCE PLANT NO. 59,

5 JOHNSON CITY (WESTOVER), NEW YORK.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

7 Air Force may convey, without consideration, to the

8 Broome County Industrial Development Authority (in this

9 section referred to as the ‘‘Authority’’), all right, title, and

10 interest of the United States in and to a parcel of real prop11 erty, including any improvements thereon, containing Air

12 Force Plant No. 59, Johnson City (Westover), New York.

13 The Secretary may also convey facilities, equipment and

14 fixtures (including special tooling and special test equip15 ment) located on the parcel to be conveyed if the Secretary

16 determines that manufacturing activities requiring the use

17 of such equipment are likely to continue or be reinstituted

18 on the parcel after conveyance of the parcel.

19 (b) LEASE AUTHORITY.—Until such time as the real

20 property described in subsection (a) is conveyed by deed,

21 the Secretary may lease the property, along with improve22 ments thereon, to the Authority in exchange for security

23 services, fire protection, and maintenance provided by the

24 Authority for the property.
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1 (c) CONDITION OF CONVEYANCE.—The conveyance au2 thorized under subsection (a) shall be subject to the condi3 tion that the Authority, directly or through an agreement

4 with another public or private entity, shall use the conveyed

5 property (or offer the conveyed property for use) for eco6 nomic redevelopment to replace all or a part of the economic

7 activity being lost at Air Force Plant No. 59.

8 (d) REVERSIONARY INTEREST.—During the five-year

9 period beginning on the date the Secretary makes the con10 veyance authorized under subsection (a), if the Secretary

11 determines that the conveyed real property is not being used

12 in accordance with subsection (c), all right, title, and inter13 est in and to the property (including any facilities, equip14 ment, or fixtures conveyed) shall revert to the United States,

15 and the United States shall have the right of immediate

16 entry onto the property. Any determination of the Secretary

17 under this section shall be made on the record after an op18 portunity for a hearing.

19 (e) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary. The cost of such survey shall be

23 borne by the Authority.

24 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions
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1 in connection with the conveyance under subsection (a) or

2 a lease under subsection (b) as the Secretary considers ap3 propriate to protect the interests of the United States.

4 SEC. 2833. LAND CONVEYANCE, RADAR BOMB SCORING

5 SITE, DICKINSON, NORTH DAKOTA.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

7 Air Force may convey, without consideration, to the North

8 Dakota Board of Higher Education (in this section referred

9 to as the ‘‘Board’’) all right, title, and interest of the United

10 States in and to a parcel of real property (including any

11 improvements thereon) consisting of approximately 4 acres

12 located in Dickinson, North Dakota, which has served as

13 the location of a support complex, recreational facilities,

14 and housing facilities for the Radar Bomb Scoring Site,

15 Dickinson, North Dakota.

16 (b) CONDITION OF CONVEYANCE.—The conveyance au17 thorized under subsection (a) shall be subject to the condi18 tion that the Board—

19 (1) use the property, recreational facilities, and

20 housing facilities conveyed under such subsection for

21 housing, recreation, and other purposes that, as deter22 mined by the Secretary, will promote and enhance

23 educational opportunities provided by Dickinson

24 State University; or
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1 (2) enter into an agreement with an appropriate

2 public or private entity to lease such property and fa3 cilities to that entity for such uses.

4 (c) REVERSIONARY INTEREST.—If the Secretary deter5 mines at any time that the property conveyed under sub6 section (a) is not being used in accordance with subsection

7 (b), all right, title, and interest in and to the conveyed prop8 erty, including any improvements thereon, shall revert to

9 the United States, and the United States shall have the

10 right of immediate entry onto the property.

11 (d) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of the property conveyed under this

13 section shall be determined by a survey satisfactory to the

14 Secretary. The cost of such survey shall be borne by the

15 Board.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with the conveyance under this section as the

19 Secretary considers appropriate to protect the interests of

20 the United States.

21 SEC. 2834. LAND CONVEYANCE, ARMY RESERVE FACILITY,

22 RIO VISTA, CALIFORNIA.

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

24 Army may convey to the City of Rio Vista, California (in

25 this section referred to as the ‘‘City’’), all right, title, and
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1 interest of the United States in and to a parcel of real prop2 erty (including improvements thereon) containing the Re3 serve training facility located in Rio Vista, California.

4 (b) CONDITION OF CONVEYANCE.—The conveyance au5 thorized under subsection (a) shall be subject to the condi6 tion that the City use the property for recreational pur7 poses.

8 (c) CONSIDERATION.—In recognition of the public use

9 to which the conveyed property will be devoted, the Sec10 retary may require the City to pay to the United States

11 an amount equal to less than the fair market value of the

12 property, as determined by the Secretary, as consideration

13 for the conveyance under subsection (a).

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the property to be conveyed under

16 subsection (a) shall be determined by a survey that is satis17 factory to the Secretary. The cost of such survey shall be

18 borne by the City.

19 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance under subsection (a) as

22 the Secretary considers appropriate to protect the interests

23 of the United States.
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1 SEC. 2835. LAND CONVEYANCE, NAVAL WEAPONS INDUS2 TRIAL RESERVE PLANT, CALVERTON, NEW

3 YORK.

4 (a) CONVEYANCE AUTHORIZED.—To facilitate the eco5 nomic redevelopment of appropriate portions of the Naval

6 Weapons Industrial Reserve Plant located in Calverton,

7 New York, the Secretary of the Navy may convey to an ap8 propriate redevelopment authority (designated by the Sec9 retary) all right, title, and interest of the United States in

10 and to a parcel of real property, including any improve11 ments thereon, consisting of approximately 2,900 acres com12 prising the fenced-in portion of the Naval Weapons Indus13 trial Reserve Plant. The conveyance authorized under this

14 subsection shall be made without consideration.

15 (b) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. Cost of such survey shall be borne

19 by the State of New York or the redevelopment authority

20 to whom the property is conveyed.

21 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions

23 in connection with the conveyance authorized by subsection

24 (b) as the Secretary considers appropriate to protect the in25 terests of the United States.
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1 SEC. 2836. LEASE OF PROPERTY, NAVAL RADIO RECEIVING

2 FACILITY, IMPERIAL BEACH, CORONADO,

3 CALIFORNIA.

4 (a) LEASE AUTHORIZED.—The Secretary of the Navy

5 may lease to the Young Men’s Christian Association of San

6 Diego County, a California nonprofit public benefit cor7 poration (in this section referred to as the ‘‘YMCA’’), such

8 interests in a parcel of real property (including any im9 provements thereon) consisting of approximately 45 acres

10 at the Naval Radio Receiving Facility, Imperial Beach,

11 Coronado, California, as the Secretary considers appro12 priate for the YMCA to operate and maintain a summer

13 youth residence camp known as the YMCA San Diego Uni14 fied Recreational Facility (Camp SURF). Pursuant to the

15 lease, the Secretary may authorize the YMCA to construct

16 facilities on the parcel.

17 (b) LEASE TERMS.—The lease authorized in subsection

18 (a) shall be for a period of 50 years, or such longer period

19 as the Secretary determines to be in the best interests of

20 the United States.

21 (c) CONSIDERATION.—As consideration for the lease of

22 real property under subsection (a), the YMCA shall—

23 (1) agree to maintain and enhance the natural

24 resources of the leased premises; and

25 (2) pay to the United States an amount in cash

26 equal to the difference between the rental price pre-
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1 scribed by the Secretary under subsection (d) and the

2 value of natural resources maintenance and enhance3 ments performed by the YMCA, as determined by the

4 Secretary.

5 (d) DETERMINATION OF RENTAL PRICE.—Acknowl6 edging the benefits the YMCA has provided to the Armed

7 Forces and the specific benefits Camp Surf provides to the

8 children of San Diego, the Secretary may prescribe a rental

9 price for the real property leased under subsection (a) that

10 is less than fair market value.

11 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the lease under subsection (a) as the Sec14 retary considers necessary to protect the operation of the

15 Naval Radio Receiving Facility, Imperial Beach, and to

16 protect the interests of the United States.

17 SEC. 2837. RELEASE OF REQUIREMENTS AND REVERSION18 ARY INTEREST ON CERTAIN PROPERTY IN

19 BALTIMORE, MARYLAND.

20 (a) RELEASE REQUIRED.—The Secretary of Defense

21 may release the requirements and the reversionary interest

22 of the United States that are described in section 2 of the

23 Act entitled ‘‘An Act granting a site for a dry-dock in the

24 city of Baltimore upon certain conditions.’’, approved June

25 19, 1878 (Chapter 310; 20 Stat. 167).
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1 (b) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms or conditions in

3 connection with the release required under this section as

4 the Secretary considers appropriate to protect the interests

5 of the United States.

6 (c) INSTRUMENT OF RELEASE.—The Secretary may

7 execute and file in the appropriate office a deed of release,

8 amended deed, or other appropriate instrument effectuating

9 the release of the reversionary interest under this section.

10 SEC. 2838. RELEASE OF REVERSIONARY INTEREST ON CER11 TAIN PROPERTY IN YORK COUNTY, JAMES

12 CITY COUNTY, AND NEWPORT NEWS, VIR13 GINIA.

14 (a) RELEASE AUTHORIZED.—The Secretary of the

15 Navy may release the reversionary interest of the United

16 States in the real property conveyed by the deed described

17 in subsection (b).

18 (b) DEED DESCRIPTION.—The deed referred to in sub19 section (a) is a deed between the United States and the

20 Commonwealth of Virginia dated August 17, 1966, which

21 conveyed to the Commonwealth of Virginia certain parcels

22 of land located in York County, James City County, and

23 the city of Newport News, Virginia.

24 (c) ADDITIONAL TERMS.—The Secretary may require

25 such additional terms or conditions in connection with the
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1 release under this section as the Secretary considers appro2 priate to protect the interests of the United States and to

3 ensure that the real property will continue to be used for

4 a public purpose.

5 (d) INSTRUMENT OF RELEASE.—The Secretary may

6 execute and file in the appropriate office a deed of release,

7 amended deed, or other appropriate instrument effectuating

8 the release of the reversionary interest under this section.

9 SEC. 2839. TRANSFER OF JURISDICTION, AIR FORCE HOUS10 ING AT RADAR SITE, HOLBROOK, ARIZONA.

11 (a) TRANSFER AUTHORIZED.—As part of the closure

12 of an Air Force radar site located near Holbrook, Arizona,

13 the Secretary of the Air Force may transfer administrative

14 jurisdiction of housing units used in connection with the

15 site to the Secretary of the Interior for use as employee hous16 ing for the Petrified Forest National Park.

17 (b) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the real property to be transferred

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary of the Air Force and the Secretary

21 of the Interior.

22 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary of the Air Force may require such additional terms

24 and conditions in connection with the transfer under sub25 section (a) as the Secretary considers appropriate.
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1 SEC. 2840. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

3 Army shall convey, without consideration, to the City of

4 Edison, New Jersey (in this section referred to as the

5 ‘‘City’’), all right, title, and interest of the United States

6 in and to a parcel of real property (including improvements

7 thereon) included on the real property inventory of Fort

8 Dix, New Jersey, which consists of approximately 10 acres

9 and contains recreational fields and an unused garage iden10 tified as building 1072 on the real property inventory.

11 (b) CONDITION OF CONVEYANCE.—The conveyance re12 quired by subsection (a) shall be subject to the condition

13 that the City—

14 (1) maintain and use the recreational fields con15 veyed under such subsection for recreational purposes;

16 and

17 (2) permit the women’s softball team known as

18 the Edison Angels (and any successor to such team)

19 to continue to use such recreational fields on the same

20 terms and conditions as contained in the agreement

21 between the team and the Secretary, in existence on

22 the date of the enactment of this Act.

23 (c) REVERSIONARY INTEREST.—All right, title, and

24 interest of the City in and to the property conveyed under

25 subsection (a) (including improvements thereon) shall re26 vert to the United States, and the United States shall have
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1 the right of immediate reentry on the property, if the Sec2 retary determines that the City is not complying with the

3 conditions specified in subsection (b).

4 (d) DESCRIPTION OF PROPERTY.—The exact acreage

5 and legal description of the property to be conveyed under

6 subsection (a) shall be determined by a survey satisfactory

7 to the Secretary. The cost of such survey shall be borne by

8 the City.

9 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary may require such additional terms and conditions

11 in connection with the conveyance under subsection (a) as

12 the Secretary considers appropriate to protect the interests

13 of the United States.

14 SEC. 2841. LAND CONVEYANCE, NAVAL SHIPYARD, VALLEJO,

15 CALIFORNIA.

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

17 Navy may convey, without consideration, to the City of

18 Vallejo, California (in this section referred to as the

19 ‘‘City’’), all right, title, and interest of the United States

20 in and to a parcel of real property (including improvements

21 thereon) described in subsection (b), which is located on

22 Mare Island in Vallejo, California, and is currently under

23 the control of Mare Island Naval Shipyard Command.

24 (b) DESCRIPTION OF PROPERTY.—The parcel of real

25 property to be conveyed under subsection (a) shall consist
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1 of all existing active dredge ponds and nontidal areas on

2 Mare Island under the jurisdiction of the Navy, except that

3 the parcel shall not include the nontidal areas identified

4 in figure 3 of the Memorandum of Understanding between

5 the United States Fish and Wildlife Service and Mare Is6 land Naval Shipyard, dated July 28, 1988. The exact acre7 age and legal description of the real property to be conveyed

8 shall be determined by a survey satisfactory to the Sec9 retary. The cost of such survey shall be borne by the City.

10 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require such additional terms and conditions

12 in connection with the conveyance under subsection (a) as

13 the Secretary considers appropriate to protect the interests

14 of the United States.

15 Subtitle E—Other Matters

16 SEC. 2851. AUTHORITY FOR OXNARD HARBOR DISTRICT,

17 PORT HUENEME, CALIFORNIA, TO USE CER18 TAIN NAVY PROPERTY.

19 (a) JOINT USE AGREEMENT AUTHORIZED.—The Sec20 retary of the Navy may enter into an agreement with the

21 Oxnard Harbor District, Port Hueneme, California, a spe22 cial district of the State of California (in this section re23 ferred to as the ‘‘District’’), under which the District may

24 use United States Navy Wharf Number 3 and associated

25 real property comprising up to 25 acres located at the
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1 Naval Construction Battalion Center, Port Hueneme, Cali2 fornia (in this section referred to as the ‘‘Center’’).

3 (b) TERM OF AGREEMENT.—The agreement authorized

4 under subsection (a) may be for an initial period of not

5 more than 15 years. Under the agreement, the Secretary

6 shall provide the District with an option to extend the

7 agreement for three additional periods of five years each.

8 (c) CONDITIONS ON USE.—The agreement authorized

9 under subsection (a) shall require the District—

10 (1) to suspend operations under the agreement in

11 the event Navy contingency operations are conducted

12 at the Center; and

13 (2) to use the property covered by the agreement

14 in a manner consistent with Navy operations con15 ducted at the Center.

16 (d) CONSIDERATION.—(1) As consideration for the use

17 of the property covered by the agreement under subsection

18 (a), the District shall pay to the Navy an amount equal

19 to the fair market rental value of the property, as deter20 mined by the Secretary taking into consideration the Dis21 trict’s use of the property.

22 (2) The Secretary may include a provision in the

23 agreement requiring the District—

24 (A) to pay the Navy an amount (as determined

25 by the Secretary) to cover the costs of replacing at the
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1 Center any facilities vacated by the Navy on account

2 of the agreement or to construct suitable replacement

3 facilities for the Navy; and

4 (B) to pay the Navy an amount (as determined

5 by the Secretary) for the costs of relocating Navy op6 erations from the vacated facilities to the replacement

7 facilities.

8 (e) CONGRESSIONAL NOTIFICATION.—The Secretary

9 may not enter into the agreement authorized by subsection

10 (a) until the end of the 21-day period beginning on the date

11 on which the Secretary submits to Congress a report con12 taining an explanation of the terms of the proposed agree13 ment and a description of the consideration that the Sec14 retary expects to receive under the agreement.

15 (f) USE OF PAYMENT.—(1) In such amounts as is pro16 vided in advance in appropriation Acts, the Secretary may

17 use amounts paid under subsection (d)(1) to pay for general

18 supervision, administration, and overhead expenses and for

19 improvement, maintenance, repair, construction, or res20 toration to the port operations area (or to roads and rail21 ways serving the area) at the Center.

22 (2) In such amounts as is provided in advance in ap23 propriation Acts, the Secretary may use amounts paid

24 under subsection (d)(2) to pay for constructing new facili25 ties, or making modifications to existing facilities, that are
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1 necessary to replace facilities vacated by the navy on ac2 count of the agreement under subsection (a) and for relocat3 ing operations of the Navy from the vacated facilities to

4 replacement facilities.

5 (g) CONSTRUCTION BY DISTRICT.—The Secretary may

6 authorize the District to demolish existing facilities located

7 on the property covered by the agreement under subsection

8 (a) and, consistent with the restriction specified in sub9 section (c)(2), construct new facilities on the property for

10 joint use by the District and the Navy.

11 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions

13 in connection with the agreement authorized under sub14 section (a) as the Secretary considers appropriate to protect

15 the interests of the United States.

16 SEC. 2852. ENVIRONMENTAL EDUCATION AND TRAINING

17 PROGRAM FOR DEFENSE PERSONNEL.

18 (a) ESTABLISHMENT.—The Secretary of Defense shall

19 establish and conduct an education and training program

20 for members of the Armed Forces and civilian employees

21 of the Department of Defense whose responsibilities include

22 planning or executing the environmental mission of the De23 partment. The Secretary shall conduct the program to en24 sure that such members and employees obtain and maintain
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1 the knowledge and skill required to comply with existing

2 environmental laws and regulations.

3 (b) IDENTIFYING ENVIRONMENTAL TRAINING CEN4 TERS.—As part of the program, the Secretary shall identify

5 military facilities that have existing expertise (or the capac6 ity to develop such expertise) in conducting education and

7 training activities in various environmental disciplines.

8 The Secretary may designate such facilities as national en9 vironmental training centers and shall encourage the use

10 of such a center by members and employees referred to in

11 subsection (a) who are not under the jurisdiction of the

12 military department operating the center.

13 SEC. 2853. REPEAL OF RESTRICTION ON LAND TRANS14 ACTIONS RELATING TO PRESIDIO OF SAN

15 FRANCISCO, CALIFORNIA.

16 Section 2856 of the Military Construction Authoriza17 tion Act for Fiscal Year 1994 (division B of Public Law

18 103–160; 107 Stat. 1908) is repealed.

19 SEC. 2854. REPORT ON USE OF MILITARY INSTALLATIONS

20 IN OKINAWA.

21 (a) REPORT REQUIRED.—Not later than October 15,

22 1994, the Secretary of Defense shall submit a report to Con23 gress regarding the United States military presence in Oki24 nawa.
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1 (b) CONTENT OF REPORT.—The report required by

2 this section shall contain the following:

3 (1) A description and evaluation of United

4 States security needs in Okinawa.

5 (2) An infrastructure inventory and utilization

6 rate of defense facilities in Okinawa.

7 (3) An evaluation of the economic and environ8 mental impact that these facilities have on the citi9 zens of Okinawa.

10 (4) A description of any action that the Sec11 retary of Defense can undertake to affirmatively re12 spond to requests from the Okinawan Prefectural Gov13 ernment for the exchange or return of lands held by

14 the Secretary.

15 (5) An evaluation of the extent to which the as16 sistance of the Government of Japan is required in

17 order to close United States military installations in

18 Okinawa or exchange or return of lands held by the

19 Secretary in Okinawa.

20 SEC. 2855. MODIFICATION OF HEIGHT RESTRICTION IN

21 AVIGATION EASEMENT.

22 (a) MODIFICATION.—Section 6 of the Act of July 2,

23 1948 (62 Stat. 1229), as added by section 2862 of the Mili24 tary Construction Authorization Act for Fiscal Year 1991

25 (division B of Public Law 101–510; 104 Stat. 1805), is
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1 amended by adding at the end the following new sentence:

2 ‘‘In addition, such height restriction shall not apply to the

3 structure proposed to be constructed on a parcel of real

4 property that is within the area conveyed under this Act

5 and is identified as 1110 Santa Rosa Boulevard, Fort Wal6 ton Beach, Florida, so long as the proposed structure upon

7 completion does not exceed a height of 155 feet above mean

8 low-water level.’’.

9 (b) INSTRUMENT OF RELEASE.—The Secretary of the

10 Air Force shall execute and file in the appropriate office

11 any instrument necessary to effect the modification of the

12 avigation easement referred to in the amendment made by

13 subsection (a).

14 SEC. 2856. CONTINUED OPERATION OF MILITARY MEDICAL

15 TREATMENT FACILITY AT K. I. SAWYER AIR

16 FORCE BASE, MICHIGAN.

17 (a) SENSE OF CONGRESS.—In light of the large num18 ber of retired military personnel and their dependents who

19 currently receive health care services at the military medi20 cal treatment facility located at K. I. Sawyer Air Force

21 Base, Michigan, which was selected to be closed pursuant

22 to the Defense Base Closure and Realignment Act of 1990

23 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

24 2687 note), it is the sense of Congress that the Secretary

25 of Defense and the Secretary of the Air Force should pursue
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1 all practicable options (including transfer of the facility to

2 the jurisdiction of the Department of Veterans Affairs) nec3 essary to keep the facility in operation to serve the health

4 care needs of retired military personnel and their depend5 ents.

6 (b) RETIRED MILITARY PERSONNEL DEFINED.—For

7 purposes of this section, the term ‘‘retired military person8 nel’’ means members and former members of the uniformed

9 services who—

10 (1) are entitled to retired or retainer pay, or

11 equivalent pay; and

12 (2) are eligible to receive medical and dental

13 care in facilities of the uniformed services under sec14 tion 1074(b) of title 10, United States Code.

15 SEC. 2857. TECHNICAL AMENDMENT TO CORRECT REF16 ERENCE IN LAND TRANSACTION.

17 Section 2842(c) of the Military Construction Author18 ization Act for Fiscal Year 1994 (division B of Public Law

19 103–160; 107 Stat. 1898) is amended by striking out

20 ‘‘Washington Gas Company’’ and inserting in lieu thereof

21 ‘‘American Water Company’’.
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1 SEC. 2858. ADDITIONAL EXCEPTION TO PROHIBITION ON

2 STORAGE AND DISPOSAL OF NONDEFENSE

3 TOXIC AND HAZARDOUS MATERIALS AT MILI4 TARY INSTALLATIONS.

5 Section 2692(b) of title 10, United States Code, is

6 amended—

7 (1) by striking out ‘‘and’’ at the end of para8 graph (7);

9 (2) by striking out the period at the end of para10 graph (8) and inserting in lieu thereof ‘‘; and’’; and

11 (3) by adding at the end the following new para12 graph:

13 ‘‘(9) The treatment and disposal of any material

14 that is not owned by the Department of Defense if the

15 Secretary of the military department concerned deter16 mines that the material is required or generated by

17 a private person in connection with the authorized

18 and compatible use by that person of an industrial19 type facility of that military department and the Sec20 retary enters into a contract with that person that is

21 consistent with the best interest of national defense

22 and economic and environmental security and is

23 based on mutually agreeable terms.’’.
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1 DIVISION C—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 AUTHORIZATIONS AND

4 OTHER AUTHORIZATIONS

5 TITLE XXXI—DEPARTMENT OF

6 ENERGY NATIONAL SECURITY

7 PROGRAMS

8 Subtitle A—National Security

9 Programs Authorizations

10 SEC. 3101. WEAPONS ACTIVITIES.

11 (a) RESEARCH AND DEVELOPMENT.—Funds are here12 by authorized to be appropriated to the Department of En13 ergy for fiscal year 1995 for research and development in

14 carrying out weapons activities necessary for national secu15 rity programs in the amount of $1,339,937,000, to be allo16 cated as follows:

17 (1) For core research and development,

18 $795,251,000, to be allocated as follows:

19 (A) For operating expenses, $653,341,000.

20 (B) For capital equipment, $69,420,000.

21 (C) For plant projects (including mainte22 nance, restoration, planning, construction, ac23 quisition, modification of facilities, and the con24 tinuation of projects authorized in prior years,
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1 and land acquisition related thereto),

2 $72,490,000, to be allocated as follows:

3 Project GPD–101, general plant

4 projects, various locations, $8,500,000.

5 Project 95–D–102, CMR upgrades, Los

6 Alamos National Laboratory, New Mexico,

7 $3,300,000.

8 Project 94–D–102, nuclear weapons re9 search, development, and testing facilities

10 revitalization, Phase V, various locations,

11 $13,000,000.

12 Project 92–D–102, nuclear weapons re13 search, development, and testing facilities

14 revitalization, Phase IV, various locations,

15 $21,810,000.

16 Project 90–D–102, nuclear weapons re17 search, development, and testing facilities

18 revitalization, Phase III, various locations,

19 $4,900,000.

20 Project 88–D–106, nuclear weapons re21 search, development, and testing facilities

22 revitalization, Phase II, various locations,

23 $20,980,000.

24 (2) For stockpile stewardship for operating ex25 penses, $152,419,000.
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1 (3) For inertial fusion, $176,473,000, to be allo2 cated as follows:

3 (A) For operating expenses, $166,755,000.

4 (B) For capital equipment, $9,718,000.

5 (4) For technology transfer, $215,794,000, to be

6 allocated as follows:

7 (A) For operating expenses, $209,794,000.

8 (B) For capital equipment, $6,000,000.

9 (b) TESTING.—Funds are hereby authorized to be ap10 propriated to the Department of Energy for fiscal year 1995

11 for testing in carrying out weapons activities necessary for

12 national security programs in the amount of $192,300,000,

13 to be allocated as follows:

14 (1) For testing capabilities and readiness

15 $186,000,000, to be allocated as follows:

16 (A) For operating expenses, $150,000,000.

17 (B) For capital equipment, $15,000,000.

18 (C) For plant projects (including mainte19 nance, restoration, planning, construction, ac20 quisition, modification of facilities, and the con21 tinuation of projects authorized in prior years,

22 and land acquisition related thereto),

23 $21,000,000, to be allocated as follows:

24 Project GPD–101, general plant

25 projects, various locations, $4,000,000.
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1 Project 93–D–102, Nevada support fa2 cility, North Las Vegas, Nevada,

3 $17,000,000.

4 (2) For Marshall Islands dose reconstruction,

5 $6,300,000, to be allocated as follows:

6 (A) For operating expenses, $5,830,000.

7 (B) For capital equipment, $470,000.

8 (c) STOCKPILE SUPPORT.—Funds are hereby author9 ized to be appropriated to the Department of Energy for

10 fiscal year 1995 for stockpile support in carrying out weap11 ons activities necessary for national security programs in

12 the amount of $1,605,556,000 to be allocated as follows:

13 (1) For operating expenses for stockpile support,

14 $1,393,085,000.

15 (2) For operating expenses for reconfiguration,

16 $94,271,000.

17 (3) For capital equipment, $12,880,000.

18 (4) For plant projects (including maintenance,

19 restoration, planning, construction, acquisition, modi20 fication of facilities, and the continuation of projects

21 authorized in prior years, and land acquisition relat22 ed thereto), $105,320,000, to be allocated as follows:

23 Project 88–D–122, facilities capability as24 surance program, various locations, $14,820,000.
754

•S 2182 EAH

1 Project GPD–121, general plant projects,

2 various locations, $1,000,000.

3 Project 95–D–122, sanitary sewer upgrade

4 Y–12 Plant, Oak Ridge, Tennessee, $2,200,000.

5 Project 94–D–124, hydrogen fluoride supply

6 system, Oak Ridge Y–12 Plant, Oak Ridge, Ten7 nessee, $6,300,000.

8 Project 94–D–125, upgrade life safety, Kan9 sas City Plant, Kansas City, Missouri,

10 $1,000,000.

11 Project 94–D–127, emergency notification

12 system, Pantex Plant, Amarillo, Texas,

13 $1,000,000.

14 Project 94–D–128, environmental safety

15 and health analytical laboratory, Pantex Plant,

16 Amarillo, Texas, $1,000,000.

17 Project 93–D–122, life safety upgrades, Y–

18 12 Plant, Oak Ridge, Tennessee, $5,000,000.

19 Project 88–D–123, security enhancements,

20 Pantex Plant, Amarillo, Texas, $15,000,000.

21 Project 93–D–123, complex–21, various lo22 cations, $58,000,000.

23 (d) PROGRAM DIRECTION.—Funds are hereby author24 ized to be appropriated to the Department of Energy for

25 fiscal year 1995 for program direction in carrying out
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1 weapons activities necessary for national security programs

2 in the amount of $154,852,000, to be allocated as follows:

3 (1) For weapons program direction, operating

4 expenses, $152,498,000.

5 (2) For capital equipment, $2,354,000.

6 (e) ADJUSTMENTS.—The total amount authorized to be

7 appropriated pursuant to this section is the sum of the

8 amounts authorized to be appropriated in subsections (a)

9 through (d) reduced by $89,276,000, for use of prior year

10 balances.

11 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

12 MANAGEMENT.

13 (a) CORRECTIVE ACTIVITIES.—Funds are hereby au14 thorized to be appropriated to the Department of Energy

15 for fiscal year 1995 for corrective activities in carrying out

16 environmental restoration and waste management activities

17 necessary for national security programs for plant projects

18 (including maintenance, restoration, planning, construc19 tion, acquisition, modification of facilities, and the continu20 ation of projects authorized in prior years, and land acqui21 sition related thereto) for Project 92–D–403, tank upgrades

22 project, Lawrence Livermore National Laboratory, Califor23 nia, $512,000.

24 (b) ENVIRONMENTAL RESTORATION.—(1) Funds are

25 hereby authorized to be appropriated to the Department of
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1 Energy for fiscal year 1995 for environmental restoration

2 for operating expenses in carrying out environmental res3 toration and waste management activities necessary for na4 tional security programs in the amount of $1,527,469,000.

5 (2) The amount authorized to be appropriated pursu6 ant to this subsection is the amount authorized to be appro7 priated in paragraph (1) reduced by $133,900,000, as a

8 result of the productivity savings initiative.

9 (c) WASTE MANAGEMENT.—(1) Funds are hereby au10 thorized to be appropriated to the Department of Energy

11 for fiscal year 1995 for waste management in carrying out

12 environmental restoration and waste management activities

13 necessary for national security programs in the amount of

14 $2,852,682,000, to be allocated as follows:

15 (A) For operating expenses, $2,384,066,000.

16 (B) For capital equipment, $104,790,000.

17 (C) For plant projects (including maintenance,

18 restoration, planning, construction, acquisition, modi19 fication of facilities, and the continuation of projects

20 authorized in prior years, and land acquisition relat21 ed thereto), $363,826,000, to be allocated as follows:

22 Project GPD–171, general plant projects,

23 various locations, $23,542,000.

24 Project 95–D–401, radiological support fa25 cilities, Richland, Washington, $1,585,000.
757

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1 Project 95–D–402, install permanent elec2 trical service, WIPP, $700,000.

3 Project 95–D–403, hazardous waste storage

4 facility, AL, $597,000.

5 Project 95–D–405, industrial landfill V and

6 construction demolition landfill VII, Y12 Plant,

7 Oakridge, Tennessee, $1,000,000.

8 Project 95–D–406, road 5–01 reconstruc9 tion, area 5, Nevada, $2,338,000.

10 Project 95–D–407, 219–S secondary con11 tainment upgrade, Richland, Washington,

12 $2,000,000.

13 Project 95–D–408, Phase II liquid effluent

14 treatment and disposal, RL, $7,100,000.

15 Project 94–D–400, high explosive

16 wastewater treatment system, Los Alamos Na17 tional Laboratory, Los Alamos, New Mexico,

18 $1,000,000.

19 Project 94–D–402, liquid waste treatment

20 system, Nevada Test Site, Nevada, $3,292,000.

21 Project 94–D–404, Melton Valley storage

22 tank capacity increase, Oak Ridge National Lab23 oratory, Oak Ridge, Tennessee, $21,373,000.
758

•S 2182 EAH

1 Project 94–D–406, low-level waste disposal

2 facilities, K–25, Oak Ridge, Tennessee,

3 $6,000,000.

4 Project 94–D–407, initial tank retrieval

5 systems, Richland, Washington, $17,700,000.

6 Project 94–D–408, office facilities—200

7 East, Richland, Washington, $4,000,000.

8 Project 94–D–411, solid waste operation

9 complex, Richland, Washington, $42,200,000.

10 Project 94–D–416, solvent storage tanks in11 stallation, Savannah River, South Carolina,

12 $1,700,000.

13 Project 94–D–417, intermediate-level and

14 low-activity waste vaults, Savannah River,

15 South Carolina, $300,000.

16 Project 93–D–174, plant drain waste water

17 treatment upgrades, Y–12 Plant, Oak Ridge,

18 Tennessee, $1,400,000.

19 Project 93–D–178, building 374 liquid

20 waste treatment facility, Rocky Flats, Golden,

21 Colorado, $3,300,000.

22 Project 93–D–181, radioactive liquid waste

23 line replacement, Richland, Washington,

24 $3,300,000.
759

•S 2182 EAH

1 Project 93–D–182, replacement of cross-site

2 transfer system, Richland, Washington,

3 $14,810,000.

4 Project 93–D–183, multi-tank waste storage

5 facility, Richland, Washington, $88,605,000.

6 Project 93–D–187, high-level waste removal

7 from filled waste tanks, Savannah River, Aiken,

8 South Carolina, $26,525,000.

9 Project 92–D–177, tank 101–AZ waste re10 trieval system, Richland, Washington,

11 $5,000,000.

12 Project 92–D–188, waste management

13 ES&H, and compliance activities, various loca14 tions, $2,846,000.

15 Project 91–D–171, waste receiving and

16 processing facility, module 1, Richland, Wash17 ington, $3,995,000.

18 Project 90–D–172, aging waste transfer

19 line, Richland, Washington, $3,819,000.

20 Project 90–D–177, RWMC transuranic

21 (TRU) waste characterization and storage facil22 ity, Idaho National Engineering Laboratory,

23 Idaho, $1,747,000.

24 Project 90–D–178, TSA retrieval enclosure,

25 ID, $7,594,000.
760

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1 Project 89–D–173, tank farm ventilation

2 upgrade, Richland, Washington, $300,000.

3 Project 89–D–174, replacement high-level

4 waste evaporator, Savannah River, South Caro5 lina, $18,000,000.

6 Project 86–D–103, decontamination and

7 waste treatment facility, Lawrence Livermore

8 National Laboratory, California, $5,900,000.

9 Project 83–D–148, nonradioactive hazard10 ous waste management, Savannah River, South

11 Carolina, $6,000,000.

12 Project 81–T–105, defense waste processing

13 facility, Savannah River, South Carolina,

14 $45,058,000.

15 (2) The total amount authorized to be appropriated

16 pursuant to this subsection is the sum of the amounts au17 thorized to be appropriated in paragraph (1) reduced by

18 $160,800,000, as a result of the productivity savings initia19 tive.

20 (d) TECHNOLOGY DEVELOPMENT.—Funds are hereby

21 authorized to be appropriated to the Department of Energy

22 for fiscal year 1995 for technology development in carrying

23 out environmental restoration and waste management ac24 tivities necessary for national security programs in the

25 amount of $426,409,000, to be allocated as follows:
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1 (1) For operating expenses, $386,974,000.

2 (2) For capital equipment, $25,435,000.

3 (3) For plant projects (including maintenance,

4 restoration, planning, construction, acquisition, modi5 fication of facilities, and the continuation of projects

6 authorized in prior years, and land acquisition relat7 ed thereto), for Project 95–E–600, Hazardous mate8 rials training center, Richland, Washington,

9 $14,000,000.

10 (e) TRANSPORTATION MANAGEMENT.—Funds are here11 by authorized to be appropriated to the Department of En12 ergy for fiscal year 1995 for transportation management

13 in carrying out environmental restoration and waste man14 agement activities necessary for national security programs

15 in the amount of $20,684,000, to be allocated as follows:

16 (1) For operating expenses, $20,240,000.

17 (2) For capital equipment, $444,000.

18 (f) PROGRAM DIRECTION.—Funds are hereby author19 ized to be appropriated to the Department of Energy for

20 fiscal year 1995 for program direction in carrying out envi21 ronmental restoration and waste management activities

22 necessary for national security programs in the amount of

23 $84,948,000, to be allocated as follows:

24 (1) For operating expenses, $83,748,000.

25 (2) For capital equipment, $1,200,000.
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1 (g) FACILITY TRANSITION AND MANAGEMENT.—(1)

2 Funds are hereby authorized to be appropriated to the De3 partment of Energy for fiscal year 1995 for facility transi4 tion and management in carrying out environmental res5 toration and waste management activities necessary for na6 tional security programs in the amount of $795,857,000,

7 to be allocated as follows:

8 (A) For operating expenses, $685,550,000.

9 (B) For capital equipment, $23,947,000.

10 (C) For plant projects (including maintenance,

11 restoration, planning, construction, acquisition, modi12 fication of facilities, and the continuation of projects

13 authorized in prior years, and land acquisition relat14 ed thereto), $86,360,000, to be allocated as follows:

15 Project GPD–171, general plant projects,

16 various locations, $20,495,000.

17 Project 95–D–453, primary highway route

18 north of the Wye Barricade, Richland, Washing19 ton, $2,500,000.

20 Project 95–D–454, 324 facility compliance/

21 renovation, Richland, Washington, $1,500,000.

22 Project 95–D–455, Idaho National Engi23 neering Laboratory radio communications up24 grade, Idaho National Engineering Laboratory,

25 Idaho, $1,440,000.
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1 Project 95–D–456, Security facilities up2 grade, Idaho chemical processing plant, Idaho

3 National Engineering Laboratory, Idaho,

4 $986,000.

5 Project 94–D–122, underground storage

6 tanks, Rocky Flats, Colorado, $2,500,000.

7 Project 94–D–401, emergency response facil8 ity, Idaho National Engineering Laboratory,

9 Idaho, $5,219,000.

10 Project 94–D–412, 300 area process sewer

11 piping system upgrade, Richland, Washington,

12 $7,800,000.

13 Project 94–D–415, Idaho National Engi14 neering Laboratory medical facilities, Idaho Na15 tional Engineering Laboratory, Idaho,

16 $4,920,000.

17 Project 94–D–451, infrastructure replace18 ment, Rocky Flats Plant, Golden, Colorado,

19 $10,600,000.

20 Project 93–D–172, electrical upgrade, Idaho

21 National Engineering Laboratory, Idaho,

22 $7,800,000.

23 Project 93–D–184, 325 facility compliance/

24 renovation, Richland, Washington, $1,000,000.
764

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1 Project 93–D–186, 200 area unsecured core

2 area fabrication shop, Richland, Washington,

3 $4,000,000.

4 Project 92–D–125, Master safeguards and

5 security agreement/materials surveillance task

6 force security upgrades, Rocky Flats Plant, Gold7 en, Colorado, $2,100,000.

8 Project 92–D–181, INEL fire and life safety

9 improvements, Idaho National Engineering Lab10 oratory, Idaho, $6,000,000.

11 Project 92–D–182, INEL sewer system up12 grade, Idaho National Engineering Laboratory,

13 Idaho, $1,900,000.

14 Project 92–D–186, steam system rehabilita15 tion, phase II, Richland, Washington,

16 $5,600,000.

17 (2) The total amount authorized to be appropriated

18 pursuant to this subsection is the sum of the amounts au19 thorized to be appropriated in paragraph (1) reduced by

20 $5,000,000, as a result of the productivity savings initia21 tive.

22 (h) PRIOR YEAR BALANCES.—The total amount au23 thorized to be appropriated pursuant to this section is the

24 sum of the amounts authorized to be appropriated in sub-
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•S 2182 EAH

1 sections (a) through (g) reduced by $240,300,000, for use

2 of prior year balances.

3 SEC. 3103. NUCLEAR MATERIALS SUPPORT AND OTHER DE4 FENSE PROGRAMS.

5 (a) MATERIALS SUPPORT.—Funds are hereby author6 ized to be appropriated to the Department of Energy for

7 fiscal year 1995 for materials support in carrying out nu8 clear materials support necessary for national security pro9 grams in the amount of $910,255,000, to be allocated as

10 follows:

11 (1) For reactor operations, $163,634,000.

12 (2) For processsing of nuclear materials,

13 $410,468,000.

14 (3) For supporting services, $167,776,000.

15 (4) For capital equipment, $52,427,000.

16 (5) For plant projects (including maintenance,

17 restoration, planning, construction, acquisition, modi18 fication of facilities, and the continuation of projects

19 authorized in prior years, and land acquisition relat20 ed thereto), $59,950,000, to be allocated as follows:

21 Project 95–D–154, Health physics site sup22 port facility, Savannah River, South Carolina,

23 $2,000,000.
766

•S 2182 EAH

1 Project 93–D–147, domestic water system

2 upgrade, Phases I and II, Savannah River,

3 South Carolina, $11,300,000.

4 Project 93–D–148, replace high-level drain

5 lines, Savannah River, South Carolina,

6 $2,700,000.

7 Project 93–D–152, environmental modifica8 tion for production facilities, Savannah River,

9 South Carolina, $2,900,000.

10 Project 92–D–143, health protection instru11 ment calibration facility, Savannah River,

12 South Carolina, $3,000,000.

13 Project 90–D–149, plantwide fire protec14 tion, Phases I and II, Savannah River, South

15 Carolina, $5,000,000.

16 Project GPD–146, general plant projects,

17 various locations, $21,000,000.

18 Project 95–D–155, upgrade site road infra19 structure, Savannah River, South Carolina,

20 $750,000.

21 Project 95–D–156, radio trunking system,

22 Savannah River, South Carolina, $2,100,000.

23 Project 95–D–157, D–area powerhouse life

24 extension, Savannah River, South Carolina,

25 $4,000,000.
767

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1 Project 92–D–150, operations support fa2 cilities, Savannah River, South Carolina,

3 $2,000,000.

4 Project 92–D–153, engineering support fa5 cility, Savannah River, South Carolina,

6 $3,200,000.

7 (6) For program direction, $56,000,000.

8 (b) OTHER DEFENSE PROGRAMS.—Funds are hereby

9 authorized to be appropriated to the Department of Energy

10 for fiscal year 1995 for other defense programs in carrying

11 out nuclear materials support and other defense programs

12 necessary for national security programs in the amount of

13 $691,204,000, to be allocated as follows:

14 (1) For verification and control technology,

15 $352,102,000, to be allocated as follows:

16 (A) For operating expenses, $336,229,000.

17 (B) For capital equipment, $15,873,000.

18 (2) For nuclear safeguards and security,

19 $85,816,000, to be allocated as follows:

20 (A) For operating expenses, $82,421,000.

21 (B) For capital equipment, $3,395,000.

22 (3) For security investigations, $38,827,000.

23 (4) For security evaluations, $14,780,000.

24 (5) For the Office of Nuclear Safety,

25 $24,679,000, to be allocated as follows:
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1 (A) For operating expenses, $24,629,000.

2 (B) For capital equipment, $50,000.

3 (6) For worker and community transition,

4 $125,000,000.

5 (7) For fissile material control and disposition,

6 $50,000,000.

7 (c) NAVAL REACTORS.—Funds are hereby authorized

8 to be appropriated to the Department of Energy for fiscal

9 year 1995 for naval reactors in carrying out nuclear mate10 rials support and other defense programs necessary for na11 tional security programs in the amount of $730,651,000,

12 to be allocated as follows:

13 (1) For naval reactors development,

14 $698,651,000, to be allocated as follows:

15 (A) For operating expenses:

16 (i) For plant development,

17 $146,700,000.

18 (ii) For reactor development,

19 $348,951,000.

20 (iii) For reactor operation and evalua21 tion, $136,000,000.

22 (iv) For program direction,

23 $18,800,000.

24 (B) For capital equipment, $28,200,000.
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1 (C) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and the con4 tinuation of projects authorized in prior years,

5 and land acquisition related thereto),

6 $20,000,000, to be allocated as follows:

7 Project GPN–101, general plant

8 projects, various locations, $6,200,000.

9 Project 95–D–200, laboratory systems

10 and hot cell upgrades, various locations,

11 $2,400,000.

12 Project 95–D–201, Advanced test reac13 tor radioactive waste system upgrades,

14 Idaho National Engineering Laboratory,

15 Idaho, $700,000.

16 Project 93–D–200, Engineering serv17 ices facilities, Knolls Atomic Power Labora18 tory, Niskayuna, New York, $7,900,000.

19 Project 92–D–200, laboratories facili20 ties upgrades, various locations, $2,800,000.

21 (2) For enrichment materials for operating ex22 penses, $32,000,000.

23 (d) ADJUSTMENTS.—The total amount that may be

24 appropriated pursuant to this section is the sum of the
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1 amounts authorized to be appropriated in subsections (a),

2 (b), and (c) reduced by—

3 (1) $40,000,000, for recovery of overpayment to

4 the Savannah River Pension Fund; and

5 (2) $343,406,000, for use of prior year balances

6 for materials support and other defense programs.

7 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

8 Funds are hereby authorized to be appropriated to the

9 Department of Energy for fiscal year 1995 for payment to

10 the Nuclear Waste Fund established in section 302(c) of the

11 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

12 the amount of $129,430,000.

13 Subtitle B—Recurring General

14 Provisions

15 SEC. 3121. REPROGRAMMING.

16 (a) IN GENERAL.—Until the Secretary of Energy sub17 mits to the congressional defense committees the report re18 ferred to in subsection (b) and 30 days has elapsed after

19 the date on which such committees receive the report, the

20 Secretary may not use amounts appropriated pursuant to

21 this title for any program—

22 (1) in amounts that exceed, in a fiscal year—

23 (A) 102 percent of the amount authorized

24 for that program by this title; or
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1 (B) $1,000,000 more than the amount au2 thorized for that program by this title; or

3 (2) which has not been presented to, or requested

4 of, the Congress.

5 (b) REPORT; COMPUTATION OF DEADLINE FOR SUB6 MISSION.—(1) The report referred to in subsection (a) is

7 a report containing a full and complete statement of the

8 action proposed to be taken and the facts and circumstances

9 relied upon in support of such proposed action.

10 (2) In the computation of the 30-day period under sub11 section (a), there shall be excluded any day on which either

12 House of Congress is not in session because of an adjourn13 ment of more than 3 days to a day certain.

14 (c) LIMITATIONS.—(1) In no event may the total

15 amount of funds obligated pursuant to this title exceed the

16 total amount authorized to be appropriated by this title.

17 (2) Funds appropriated pursuant to this title may not

18 be used for an item for which the Congress has specifically

19 denied funds.

20 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

21 (a) IN GENERAL.—The Secretary of Energy may carry

22 out any construction project under the general plant

23 projects provisions authorized by this title if the total esti24 mated cost of the construction project does not exceed

25 $2,000,000.
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1 (b) REPORT TO CONGRESS.—If, at any time during

2 the construction of any general plant project authorized by

3 this title, the estimated cost of the project is revised because

4 of unforeseen cost variations and the revised cost of the

5 project exceeds $2,000,000, the Secretary shall immediately

6 furnish a complete report to the congressional defense com7 mittees explaining the reasons for the cost variation.

8 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

9 (a) IN GENERAL.—(1) Except as provided in para10 graph (2), construction on a construction project may not

11 be started or additional obligations incurred in connection

12 with the project above the total estimated cost, whenever the

13 current estimated cost of the construction project, which is

14 authorized by section 3101, 3102, or 3103, or which is in

15 support of national security programs of the Department

16 of Energy and was authorized by any previous Act, exceeds

17 by more than 25 percent the higher of—

18 (A) the amount authorized for the project; or

19 (B) the amount of the total estimated cost for the

20 project as shown in the most recent budget justifica21 tion data submitted to the Congress.

22 (2) An action described in paragraph (1) may be taken

23 if—

24 (A) the Secretary of Energy has submitted to the

25 congressional defense committees a report on the ac-
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1 tion and the circumstances making such action nec2 essary; and

3 (B) a period of 30 days has elapsed after the

4 date on which the report is received by the commit5 tees.

6 (3) In the computation of the 30-day period under

7 paragraph (2), there shall be excluded any day on which

8 either House of Congress is not in session because of an

9 adjournment of more than 3 calendar days to a day certain.

10 (b) EXCEPTION.—Subsection (a) shall not apply to

11 any construction project which has a current estimated cost

12 of less than $5,000,000.

13 SEC. 3124. TRANSFER AUTHORITY.

14 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

15 Secretary of Energy may transfer funds authorized to be

16 appropriated to the Department of Energy pursuant to this

17 title to other Federal agencies for the performance of work

18 for which the funds were authorized. Funds so transferred

19 may be merged with and be available for the same purposes

20 and for the same time period as the authorizations of the

21 Federal agency to which the amounts are transferred.

22 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY;

23 LIMITATIONS.—(1) Except as provided in paragraph (2),

24 the Secretary of Energy may transfer funds authorized to

25 be appropriated to the Department of Energy pursuant to
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1 this title between any such authorizations. Amounts of au2 thorizations so transferred may be merged with and be

3 available for the same purposes and for the same time pe4 riod as the authorization to which the amounts are trans5 ferred.

6 (2) Not more than five percent of any such authoriza7 tion may be transferred between authorizations under para8 graph (1). No such authorization may be increased or de9 creased by more than five percent by a transfer under such

10 paragraph.

11 (3) The authority provided by this section to transfer

12 authorizations—

13 (A) may only be used to provide funds for items

14 that have a higher priority than the items from which

15 the funds are transferred; and

16 (B) may not be used to provide authority for an

17 item that has been denied funds by the Congress.

18 (c) NOTICE TO CONGRESS.—The Secretary of Energy

19 shall promptly notify the Congress of transfers made under

20 the authority of this section.

21 SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN.

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

23 by this title for plant engineering and design, the Secretary

24 of Energy may carry out advance planning and construc25 tion design (including architectural and engineering serv-
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1 ices) in connection with any proposed construction project

2 if the total estimated cost for such planning and design does

3 not exceed $2,000,000.

4 (2) In the case of any project in which the total esti5 mated cost for advance planning and design exceeds

6 $300,000, the Secretary shall notify the congressional de7 fense committees in writing of the details of such project

8 at least 30 days before any funds are obligated for design

9 services for such project.

10 (b) SPECIFIC AUTHORITY REQUIRED.—In any case in

11 which the total estimated cost for advance planning and

12 construction design in connection with any construction

13 project exceeds $2,000,000, funds for such planning and de14 sign must be specifically authorized by law.

15 SEC. 3126. REQUIREMENT OF CONCEPTUAL DESIGN FOR RE16 QUEST OF CONSTRUCTION FUNDS.

17 (a) REQUIREMENT OF CONCEPTUAL DESIGN.—The

18 Secretary of Energy may not make a request to the Congress

19 for funds for a construction project which is in support of

20 national security programs of the Department of Energy

21 until the Secretary submits to the congressional defense

22 committees a conceptual design for that project.

23 (b) EXCEPTION.—The requirement of subsection (a)

24 does not apply to emergency planning, design, and con25 struction activities under section 3127.
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1 SEC. 3127. AUTHORITY FOR EMERGENCY PLANNING, DE2 SIGN, AND CONSTRUCTION ACTIVITIES.

3 (a) AUTHORITY.—The Secretary of Energy may use

4 any funds available to the Department of Energy, including

5 those funds authorized to be appropriated for advance plan6 ning and construction design under sections 3101, 3102,

7 and 3103, to perform planning, design, and construction

8 activities for any Department of Energy defense activity

9 construction project that, as determined by the Secretary,

10 must proceed expeditiously in order to protect public health

11 and safety, meet the needs of national defense, or protect

12 property.

13 (b) LIMITATION.—The Secretary may not exercise the

14 authority under subsection (a) in the case of any construc15 tion project until the Secretary has submitted to the con16 gressional defense committees a report on the activities that

17 the Secretary intends to carry out under this section and

18 the circumstances making such activities necessary.

19 (c) SPECIFIC AUTHORITY.—The requirement of section

20 3125(b) does not apply to emergency planning, design, and

21 construction activities conducted under this section.

22 (d) REPORT.—The Secretary of Energy shall promptly

23 report to the congressional defense committees any exercise

24 of authority under this section.
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1 SEC. 3128. FUNDS AVAILABLE FOR ALL NATIONAL SECU2 RITY PROGRAMS OF THE DEPARTMENT OF

3 ENERGY.

4 Subject to the provisions of appropriation Acts and

5 section 3121, amounts appropriated pursuant to this title

6 for management and support activities and for general

7 plant projects are available for use, when necessary, in con8 nection with all national security programs of the Depart9 ment of Energy.

10 SEC. 3129. AVAILABILITY OF FUNDS.

11 When so specified in an appropriation Act, amounts

12 appropriated for operating expenses, plant projects, and

13 capital equipment may remain available until expended.

14 Subtitle C—Program Authoriza15 tions, Restrictions, and Limita16 tions

17 SEC. 3131. STOCKPILE STEWARDSHIP RECRUITMENT AND

18 TRAINING PROGRAM.

19 (a) CONDUCT OF PROGRAM.—(1) As part of the stock20 pile stewardship program established in section 3138 of the

21 National Defense Authorization Act for Fiscal Year 1994

22 (42 U.S.C. 2121 note), the Secretary of Energy shall con23 duct a stockpile stewardship recruitment and training pro24 gram at the Sandia National Laboratories, the Lawrence

25 Livermore National Laboratory, and the Los Alamos Na26 tional Laboratory.
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1 (2) The recruitment and training program shall be

2 conducted in coordination with the Chairman of the Nu3 clear Weapons Council established in section 179 of title

4 10, United States Code, and the directors of the laboratories

5 referred to in paragraph (1).

6 (b) SUPPORT OF DUAL-USE PROGRAMS.—(1) As part

7 of the recruitment and training program, the directors of

8 the laboratories referred to in subsection (a)(1) may hire

9 undergraduate students, graduate students, and

10 postdoctoral fellows and sponsor research conducted by such

11 individuals for military or nonmilitary dual-use programs

12 related to nuclear weapons stockpile stewardship.

13 (2) Of amounts appropriated to the Secretary of En14 ergy pursuant to section 3101(a)(1) for weapons activities

15 for core research and development and allocated by the Sec16 retary for education initiatives, $5,000,000 shall be made

17 available for carrying out paragraph (1). The amount made

18 available under this paragraph shall be allocated equally

19 among the laboratories referred to in subsection (a)(1).

20 (c) ESTABLISHMENT OF RETIREE CORPS.—As part of

21 the training and recruitment program, the Secretary, in co22 ordination with the directors of the laboratories referred to

23 in subsection (a)(1), shall establish a retiree corps for the

24 laboratories under which the directors shall hire on a part25 time basis retired scientists who have expertise in the re-
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1 search and development of nuclear weapons to provide ap2 propriate assistance on nuclear weapons issues, to contrib3 ute relevant information to be archived, and to help to pro4 vide training to other scientists.

5 (d) REPORT.—(1) Not later than February 1, 1995,

6 the Secretary of Energy shall submit to the congressional

7 defense committees a report on the personnel demographic

8 trends at the laboratories referred to in subsection (a)(1)

9 and on actions taken by the Department of Energy to rem10 edy identified shortfalls in various skill areas.

11 (2) The report shall be prepared in coordination with

12 the Chairman of the Nuclear Weapons Council and the di13 rectors of the laboratories. Information included in the re14 port shall be aggregated and compiled into statistical cat15 egories.

16 (3) The report shall include the following:

17 (A) An inventory of the weapons-related tasks

18 that the laboratories need to perform to support their

19 nuclear weapons responsibilities.

20 (B) An inventory of the skills necessary to com21 plete the weapons-related tasks referred to in subpara22 graph (A).

23 (C) For each laboratory, a specification of the

24 number of scientists needed in each skill area to per25 form such tasks.
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1 (D) A statement of the number of scientists in

2 each skill area at each laboratory, by age.

3 (E) An assessment of which skill areas are

4 understaffed.

5 (F) A statement of the number of scientists enter6 ing the weapons program at each laboratory, and

7 their skill areas.

8 (G) A statement of the number of full-time equiv9 alent personnel with weapon skills, their distribution

10 by skill and, for each such skill, their distribution by

11 age.

12 (H) A statement of the number of scientists retir13 ing from the weapons program and the skill areas in

14 which they worked in the year preceding their retire15 ment.

16 (I) Based on the information contained in sub17 paragraphs (A) through (H), a projection of what

18 areas will become understaffed in the five years fol19 lowing the date of the submission of the report.

20 (J) A statement of alternatives for retaining and

21 recruiting scientists for the weapons programs at the

22 laboratories in order to preserve a sufficient skill base

23 and to fulfill stockpile stewardship responsibilities.
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1 (K) The recommendations of the Secretary for

2 implementing any of the alternatives referred to in

3 subparagraph (J).

4 SEC. 3132. DEFENSE INERTIAL CONFINEMENT FUSION PRO5 GRAM.

6 Of the funds authorized to be appropriated by this title

7 to the Department of Energy for fiscal year 1995,

8 $176,473,000 shall be available for the defense inertial con9 finement fusion program, of which—

10 (1) not less than $20,765,000 shall be available

11 for program activities at the University of Rochester,

12 Rochester, New York; and

13 (2) not less than $8,750,000 shall be available for

14 program activities at the Naval Research Laboratory,

15 Washington, District of Columbia.

16 SEC. 3133. PAYMENT OF PENALTIES.

17 The Secretary of Energy may pay to the Hazardous

18 Substances Response Trust, from funds appropriated to the

19 Department of Energy for environmental restoration and

20 waste management activities pursuant to section 3102, stip21 ulated civil penalties assessed under the Comprehensive En22 vironmental Response, Compensation and Liability Act of

23 1980 (42 U.S.C. 9601 et seq.) in amounts as follows:
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1 (1) $50,000, assessed against the Fernald Envi2 ronmental Management Project, Ohio, under such

3 Act.

4 (2) $50,000, assessed against the Portsmouth

5 Gaseous Diffusion Plant, Ohio, under such Act.

6 SEC. 3134. WATER MANAGEMENT PROGRAMS.

7 From funds authorized to be appropriated pursuant

8 to section 3102 to the Department of Energy for environ9 mental restoration and waste management activities, the

10 Secretary of Energy may reimburse the cities of West11 minster, Broomfield, Thornton, and Northglenn, in the

12 State of Colorado, $11,415,000 for the cost of implementing

13 water management programs. Reimbursements for the

14 water management programs shall not be considered a

15 major Federal action for purposes of section 102(2) of the

16 National Environmental Policy Act of 1969 (42 U.S.C.

17 4332(2)).

18 SEC. 3135. WORKER PROTECTION AT NUCLEAR WEAPONS

19 FACILITIES.

20 Of the funds authorized to be appropriated by this title

21 to the Department of Energy for fiscal year 1995 for waste

22 management activities for environmental restoration and

23 waste management activities necessary for national security

24 programs, $11,000,000 shall be available to carry out ac25 tivities authorized under section 3131 of the National De-
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1 fense Authorization Act for Fiscal Years 1992 and 1993

2 (Public Law 102–190; 42 U.S.C. 7274d), relating to worker

3 protection at nuclear weapons facilities.

4 SEC. 3136. WORKER HEALTH AND PROTECTION.

5 Of amounts appropriated to the Department of Energy

6 for fiscal year 1995 pursuant to section 3101 for weapons

7 activities for operating expenses, $2,500,000 shall be avail8 able for activities relating to the Hanford health informa9 tion network established pursuant to the authority set forth

10 in section 3138 of the National Defense Authorization Act

11 for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

12 1834).

13 SEC. 3137. LIMITATION ON USE OF PROGRAM DIRECTION

14 FUNDS.

15 The Secretary of Energy may not obligate more than

16 50 percent of the funds appropriated pursuant to this title

17 for fiscal year 1995 for operating expenses for program di18 rection in carrying out environmental restoration and

19 waste management activities necessary for national security

20 programs until the Secretary submits to the Congress the

21 reports required to be submitted under subsections (a) and

22 (d) of section 3153 of the National Defense Authorization

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

24 1950) in the year during which that fiscal year ends.
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1 SEC. 3138. LIMITATION ON USE OF FUNDS FOR NEW CON2 STRUCTION PROJECTS.

3 The Secretary of Energy may not obligate or expend

4 funds appropriated for a new construction project until the

5 Secretary has approved a conceptual design for that project.

6 In this section, the term ‘‘new construction project’’ means

7 a construction project necessary for national security pro8 grams of the Department of Energy for which funds were

9 initially requested for fiscal year 1995.

10 SEC. 3139. LIMITATION ON USE OF FUNDS FOR SPECIAL AC11 CESS PROGRAMS.

12 None of the funds appropriated or otherwise made

13 available to the Department of Energy for fiscal year 1995

14 pursuant to this title may be obligated for a limited access

15 program or special access program until the Secretary of

16 Energy submits to the congressional defense committees the

17 report required under section 93 of the Atomic Energy Act

18 of 1954 (42 U.S.C. 2122a).

19 SEC. 3140. PROHIBITION ON PREFINANCING.

20 The Secretary of Energy may not set aside funds ap21 propriated to the Secretary for national security programs

22 for any fiscal year for the purpose of retaining personnel

23 of the Department of Energy in the event that there is a

24 lapse of funds appropriated for such purpose for the follow25 ing fiscal year.
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1 SEC. 3141. INTERNATIONAL CENTER FOR APPLIED RE2 SEARCH.

3 (a) ESTABLISHMENT.—(1) The Secretary of Energy

4 shall establish an International Center for Applied Research

5 to promote the following activities:

6 (A) The application in the United States of hy7 drogen technology research derived from tritium pro8 duction.

9 (B) The development of beneficial uses of nuclear

10 materials.

11 (C) The research and development of innovative

12 methods for the treatment and disposal of nuclear

13 materials.

14 (D) The development of specifications for the de15 commissioning of nuclear materials.

16 (E) The research and development of any tech17 nologies that the Secretary considers appropriate and

18 that are likely to be commercialized.

19 (2) The Center shall be established at a Department

20 of Energy nuclear weapon production facility at which the

21 Secretary has successfully demonstrated environmental

22 technologies as part of the Integrated Demonstration for

23 Volatile Organic Compounds Program conducted by the

24 Secretary.

25 (3) The Center shall be operated by a nonprofit entity

26 established by State statute to accomplish economic develop-
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1 ment through applied science and technology that, as deter2 mined by the Secretary—

3 (A) has demonstrated successful management of

4 diverse teams of organizations who have technical ex5 perience in industrial research and development of

6 high technology programs; and

7 (B) has available facilities adjacent to the De8 partment of Energy nuclear weapon production facil9 ity to carry out the activities of the Center.

10 (b) AVAILABILITY OF FUNDS.—Of amounts authorized

11 to be appropriated in section 3101(c), $12,000,000 shall be

12 available to establish the Center referred to in subsection

13 (a).

14 SEC. 3142. LIMITATION ON STUDY OR RELOCATION OF

15 TRITIUM-RELATED ACTIVITIES AND OPER16 ATIONS.

17 None of the funds appropriated or otherwise made

18 available to the Department of Energy for fiscal year 1995

19 pursuant to this title may be used to study or relocate trit20 ium-related activities and operations from the Mound

21 Plant, Ohio, to a facility other than a weapons production

22 facility having demonstrated tritium production and han23 dling experience as recommended by the Department’s inde24 pendent consultants that reviewed the ‘‘Nonnuclear Recon25 figuration Cost Effectiveness Report’’ of January 1993.
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1 Subtitle D—Other Matters

2 SEC. 3151. ACCOUNTING PROCEDURES FOR DEPARTMENT

3 OF ENERGY FUNDS.

4 The Secretary of Energy shall establish procedures to

5 account for the use of funds, in each fiscal year beginning

6 with fiscal year 1995, for the performance of the programs

7 and activities of the Department of Energy for which funds

8 are appropriated for national security programs of the De9 partment of Energy. The procedures shall account for funds

10 appropriated for such programs and activities which are

11 not used for the purpose for which such funds were appro12 priated. The procedures shall provide for an accounting of

13 all encumbered funds, unencumbered funds, unobligated

14 funds, costed funds, and uncosted obligations of the Depart15 ment of Energy in each such fiscal year.

16 SEC. 3152. APPROVAL FOR CERTAIN NUCLEAR WEAPONS AC17 TIVITIES.

18 (a) APPROVAL BY NUCLEAR WEAPONS COUNCIL.—

19 Subsection (d) of section 179 of title 10, United States Code,

20 is amended—

21 (1) by redesignating paragraphs (8) and (9) as

22 paragraphs (9) and (10); and

23 (2) by inserting after paragraph (7) the follow24 ing new paragraph (8):
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1 ‘‘(8) Coordinating and approving activities con2 ducted by the Department of Energy for the study, de3 velopment, production, and retirement of nuclear

4 warheads, including concept definition studies, fea5 sibility studies, engineering development, hardware

6 component fabrication, warhead production, and war7 head retirement.’’.

8 (b) REPORT.—Such section is further amended by add9 ing at the end the following new subsection:

10 ‘‘(e) ANNUAL REPORT.—(1) Each fiscal year, before

11 the preparation of the annual budget request of the Depart12 ment of Energy, the Chairman of the Council shall submit

13 to the Secretary of Energy a report on the following:

14 ‘‘(A) The effectiveness and efficiency of the Coun15 cil, and of the deliberative and decisionmaking proc16 esses used by the Council, in carrying out the respon17 sibilities described in subsection (d).

18 ‘‘(B) A description of all activities conducted by

19 the Department of Energy during that fiscal year, or

20 planned to be conducted by the Department of Energy

21 during the next fiscal year, for the study, develop22 ment, production, and retirement of nuclear warheads

23 and that have been approved by the Council, includ24 ing a description of—
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1 ‘‘(i) the concept definition activities and

2 feasibility studies conducted or planned to be

3 conducted by the Department of Energy;

4 ‘‘(ii) the schedule for completion of each

5 such activity or study; and

6 ‘‘(iii) the degree to which each such activity

7 or study is consistent with United States policy

8 for new nuclear warhead development or war9 head modifications and with established or pro10 jected military requirements.

11 ‘‘(2) Each fiscal year, at the same time as the submis12 sion of the President’s budget, the Secretary of Energy shall

13 submit the report referred to in paragraph (1), in classified

14 form, to the Committees on Armed Services and Appropria15 tions of the Senate and House of Representatives.’’.

16 (c) TECHNICAL AMENDMENT.—Subsections (a)(3) and

17 (b) of such section are amended by striking out ‘‘appointed’’

18 each place it appears and inserting in lieu thereof ‘‘des19 ignated’’.

20 SEC. 3153. STUDY OF FEASIBILITY OF CONDUCTING CER21 TAIN ACTIVITIES AT THE NEVADA TEST SITE,

22 NEVADA.

23 Not later than March 1, 1995, the Secretary of Energy

24 shall submit to the Congress a report on the feasibility of
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1 conducting the following activities at the Nevada Test Site,

2 Nevada:

3 (1) The demilitarization of large rocket motor

4 and conventional ordnance.

5 (2) Disarmament and demilitarization, gen6 erally.

7 (3) The conduct of experiments that assist in

8 monitoring compliance with international agreements

9 on the nonproliferation of nuclear weapons.

10 (4) The provision of support to the Department

11 of Energy nuclear weapons complex.

12 (5) The conduct of programs for the Department

13 of Energy and the Department of Defense to develop

14 simulator technologies for nuclear weapons design

15 and effects, including advanced hydrodynamic sim16 ulators, inertial confinement fusion test facilities, and

17 nuclear weapons effects simulators (such as the Dec18 ade and Jupiter simulators).

19 (6) The conduct of the stockpile stewardship pro20 gram established pursuant to section 3138 of the Na21 tional Defense Authorization Act for Fiscal Year 1994

22 (107 Stat. 1946; Public Law 103–160).

23 (7) Experiments related to the non-proliferation

24 of nuclear weapons, including experiments with re-
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1 spect to disablement, nuclear forensics, sensors, and

2 verification and monitoring.

3 SEC. 3154. REPORT ON WASTE STREAMS GENERATED BY

4 NUCLEAR WEAPONS PRODUCTION CYCLE.

5 (a) REPORT.—Not later than March 31, 1995, the Sec6 retary of Energy shall submit to the Congress a report that

7 contains a description of all waste streams generated during

8 each step of the complete cycle of production and disposition

9 of nuclear weapon components by the Department of En10 ergy. The description for each such step shall be based on

11 a unit of analysis that is appropriate for that step. The

12 report shall include an estimate of the volume of waste gen13 erated per unit of analysis and an analysis of the toxicity

14 of each waste stream.

15 (b) DEFINITIONS.—In this section:

16 (1) The term ‘‘waste stream’’ means waste mate17 rials the storage, treatment, or disposition of which is

18 regulated under Federal law, except that such term

19 does not include usable source materials and usable

20 special nuclear materials.

21 (2) The terms ‘‘source material’’ and ‘‘special

22 nuclear material’’ have the meaning given such terms

23 in section 11(z) and (aa), respectively, of the Atomic

24 Energy Act of 1954 (42 U.S.C. 2014(z), (aa)).
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1 SEC. 3155. RELEASE OF CERTAIN RESTRICTED DATA.

2 Subsection (f) of section 142 of the Atomic Energy Act

3 of 1954 (42 U.S.C. 2162(f)) is amended by adding at the

4 end the following: ‘‘This subsection does not preclude the

5 President from releasing to a degree and in a manner which

6 is more limited than a public release of such data any Re7 stricted Data which is exchanged with a member state of

8 the Commonwealth of Independent States pursuant to a bi9 lateral exchange of such data.’’.

10 SEC. 3156. DESIGNATION OF MARILYN LLOYD SCHOLAR11 SHIP AND FELLOWSHIP PROGRAM.

12 (a) DESIGNATION.—Section 3132(a) of the National

13 Defense Authorization Act for Fiscal Years 1992 and 1993

14 (42 U.S.C. 7274e) is amended by adding at the end the

15 following: ‘‘The scholarship and fellowship program shall

16 be known as the ‘Marilyn Lloyd Scholarship and Fellow17 ship Program’.’’.

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect on January 3, 1995.

20 SEC. 3157. REPORT ON ECONOMIC REDEVELOPMENT AND

21 CONVERSION ACTIVITIES RESULTING FROM

22 RECONFIGURATION OF DEPARTMENT OF EN23 ERGY NUCLEAR WEAPONS COMPLEX.

24 (a) IN GENERAL.—Not later than March 1, 1995, the

25 Secretary of Energy shall submit to the Congress informa26 tion on economic redevelopment and conversion activities
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1 that, in the determination of the Secretary, may result from

2 the reconfiguration of the Department of Energy nuclear

3 weapons complex. The Secretary may submit the informa4 tion in a report or submit the programmatic environmental

5 impact statement referred to in section 3145(c) of the Na6 tional Defense Authorization Act for Fiscal Year 1994 (Pub7 lic Law 103–160; 107 Stat. 1949) and include the informa8 tion in that statement.

9 (b) CONTENTS.—The information referred to in sub10 section (a) shall include the following:

11 (1) An analysis of the existing condition and ca12 pabilities of the facilities of the nuclear weapons com13 plex.

14 (2) A description of the technologies and proc15 esses at such facilities that have the potential to be de16 veloped in collaboration with private industry, State,

17 local, or tribal governments, institutions of higher

18 education, or non-profit organizations.

19 (3) An estimate of the costs associated with eco20 nomic redevelopment and conversion activities as a

21 result of the reconfiguration of the nuclear weapons

22 complex.

23 (4) A description of how the Secretary will co24 ordinate with local interests regarding such activities.
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1 SEC. 3158. PROHIBITION ON DISCLOSURE OF CERTAIN IN2 FORMATION ON EXPOSURE TO RADIATION

3 RELEASED FROM HANFORD NUCLEAR RES4 ERVATION.

5 Section 3138 of the National Defense Authorization

6 Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat.

7 1834) is amended by adding at the end the following new

8 subsection:

9 ‘‘(d) PROHIBITION ON DISCLOSURE OF EXPOSURE IN10 FORMATION.—(1) Except as provided in paragraph (2), a

11 person (including the Secretary of Energy, an officer or em12 ployee of a State, or any other person participating in or

13 receiving assistance under a program established under this

14 section) may not disclose to the public any information ob15 tained through the program that identifies a person who

16 may have been exposed to radiation released from the Han17 ford Nuclear Reservation or that identifies a person partici18 pating in any of the programs developed under this section.

19 Information prohibited from disclosure under this sub20 section shall include—

21 ‘‘(A) the name, address, and telephone number of

22 a person requesting information referred to in sub23 section (b)(1);

24 ‘‘(B) the name, address, and telephone number of

25 a person who has been referred to a health care pro26 fessional under subsection (b)(2);
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1 ‘‘(C) the name, address, and telephone number of

2 a person who has been registered and monitored pur3 suant to subsection (b)(3);

4 ‘‘(D) information that identifies the person from

5 whom information referred to in this paragraph was

6 obtained under the program or any other third party

7 involved with, or identified, by any such information

8 so obtained; and

9 ‘‘(E) any other personal or medical information

10 that identifies a person or party referred to in sub11 paragraphs (A) through (D).

12 ‘‘(2) Information referred to in paragraph (1) may be

13 disclosed to the public if the person identified by the infor14 mation, or the person’s legal representative, has consented

15 in writing to the disclosure.

16 ‘‘(3) The States of Washington, Oregon, and Idaho

17 shall establish procedures for carrying out this subsection,

18 including procedures governing the disclosure of informa19 tion under paragraph (2).’’.

20 TITLE XXXII—DEFENSE NU21 CLEAR FACILITIES SAFETY

22 BOARD AUTHORIZATION

23 SEC. 3201. AUTHORIZATION.

24 There are authorized to be appropriated for fiscal year

25 1995, $18,000,000 for the operation of the Defense Nuclear
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1 Facilities Safety Board under chapter 21 of the Atomic En2 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

3 TITLE XXXIII—NATIONAL

4 DEFENSE STOCKPILE

5 SEC. 3301. CONDITIONS ON AUTHORITY TO DISPOSE OF

6 CERTAIN STRATEGIC AND CRITICAL MATE7 RIALS.

8 Section 3302(f) of the National Defense Authorization

9 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

10 2649) is amended by striking out ‘‘before October 1, 1994.’’

11 and inserting in lieu thereof the following: ‘‘until after the

12 President certifies to Congress that—

13 ‘‘(1) there is a reliable domestic source for the

14 adequate and timely production of these materials;

15 and

16 ‘‘(2) such source can be called upon in times of

17 a national emergency or a significant mobilization of

18 the Armed Forces.’’.

19 SEC. 3302. REJECTION OF CHANGE IN STOCKPILING PRIN20 CIPLES.

21 (a) ESTABLISHMENT OF PRINCIPLES.—Section 2(c) of

22 the Strategic and Critical Materials Stock Piling Act (50

23 U.S.C. 98a(c)) is amended—
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1 (1) in paragraph (2), by striking out ‘‘Before

2 October 1, 1994, the quantities’’ and inserting in lieu

3 thereof ‘‘The quantities’’; and

4 (2) by striking out paragraph (3).

5 (b) BIENNIAL REPORT ON STOCKPILE REQUIRE6 MENTS.—Section 14(b) of such Act (50 U.S.C. 98h–5(b))

7 is amended—

8 (1) in the second sentence, by striking out ‘‘Be9 fore October 1, 1994, such assumptions’’ and inserting

10 in lieu thereof ‘‘Such assumptions’’; and

11 (2) by striking out the third sentence.

12 SEC. 3303. LIMITATIONS ON THE DISPOSAL OF CHROMITE

13 AND MANGANESE ORES.

14 (a) PREFERENCE FOR DOMESTIC UPGRADING.—In of15 fering to enter into agreements pursuant to any provision

16 of law for the disposal of chromite and manganese ores of

17 metallurgical grade from the National Defense Stockpile

18 provided for in section 4 of the Strategic and Critical Mate19 rials Stock Piling Act (50 U.S.C. 98c), the President shall

20 give a right of first refusal on all such offers to domestic

21 ferroalloy upgraders.

22 (b) DOMESTIC FERROALLOY UPGRADER DEFINED.—

23 For purposes of this section, the term ‘‘domestic ferroalloy

24 upgrader’’ means a company or other business entity that,

25 as determined by the President—
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1 (1) is engaged in operations to upgrade chromite

2 or manganese ores of metallurgical grade or is capa3 ble of engaging in such operations; and

4 (2) conducts a significant level of its research,

5 development, engineering, and upgrading operations

6 in the United States.

7 (c) APPLICATION OF SECTION.—The requirements

8 specified in subsection (a) shall apply during fiscal year

9 1995.

10 SEC. 3304. CONDITIONAL PROHIBITION ON PROPOSED DIS11 POSAL OF ZINC FROM NATIONAL DEFENSE

12 STOCKPILE.

13 (a) PROHIBITION.—Except as provided in subsection

14 (b), the President may not proceed with the disposal from

15 the National Defense Stockpile of any portion of the 75,000

16 short tons of zinc that was proposed for disposal in the an17 nual materials plan submitted to Congress under section

18 11(b) of such Act (50 U.S.C. 98h–2) in March 1994.

19 (b) EXCEPTION.—Subsection (a) shall not apply to the

20 disposal of zinc from the National Defense Stockpile if the

21 President certifies to Congress before proceeding with such

22 disposal that any such disposal would not cause any undue

23 disruption of the usual markets of producers, processors,

24 and consumers of zinc.
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1 (c) DEFINITION.—For purposes of this section, the

2 term ‘‘National Defense Stockpile’’ means the stockpile pro3 vided for in section 4 of the Strategic and Critical Materials

4 Stock Piling Act (50 U.S.C. 98c).

5 SEC. 3305. SPECIAL PROGRAM FOR CONVERSION OF LOW

6 CARBON FERRO CHROMIUM TO HIGH PURITY

7 ELECTROLYTIC CHROMIUM METAL.

8 (a) REQUIRED UPGRADING.—During each of the fiscal

9 years 1995 and 1996, the President shall obtain bids from

10 domestic producers of high purity electrolytic chromium

11 metal for the conversion of low carbon ferro chromium held

12 in the National Defense Stockpile. On the basis of such bids,

13 the President shall award contracts for the conversion of

14 such chromium into high purity electrolytic chromium

15 metal for inclusion in the National Defense Stockpile.

16 (b) QUANTITIES TO BE UPGRADED.—Contracts

17 awarded under subsection (a) shall provide for the addition

18 of not less than 500 short tons of high purity electrolytic

19 chromium metal to the National Defense Stockpile during

20 each of the fiscal years covered by subsection (a).

21 (c) USE OF BARTER.—The President shall carry out

22 this section only through the use of the barter authority pro23 vided to the President under section 6(c) of the Strategic

24 and Critical Materials Stock Piling Act (50 U.S.C. 98e(c))

25 for the management of the National Defense Stockpile.
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1 (d) DEFINITION.—For purposes of this section, the

2 term ‘‘National Defense Stockpile’’ means the stockpile pro3 vided for in section 4 of the Strategic and Critical Materials

4 Stock Piling Act (50 U.S.C. 98c).

5 TITLE XXXIV—CIVIL DEFENSE

6 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

7 There is hereby authorized to be appropriated

8 $129,658,000 for fiscal year 1995 for the purpose of carry9 ing out title VI of The Robert T. Stafford Disaster Relief

10 and Emergency Assistance Act (42 U.S.C. 5121 et seq.), as

11 added by section 3402.

12 SEC. 3402. TRANSFER OF FEDERAL CIVIL DEFENSE ACT OF

13 1950 TO THE ROBERT T. STAFFORD DISASTER

14 RELIEF AND EMERGENCY ASSISTANCE ACT.

15 (a) INCLUSION AS ADDITIONAL TITLE.—The Robert T.

16 Stafford Disaster Relief and Emergency Assistance Act (42

17 U.S.C. 5121 et seq.) is amended—

18 (1) by redesignating title VI as title VII;

19 (2) by redesignating sections 601, 602, 603, and

20 604 as sections 701, 702, 703, and 704, respectively;

21 and

22 (3) by inserting after title V the following new

23 title VI:
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1 ‘‘TITLE VI—FEDERAL CIVIL

2 DEFENSE

3 ‘‘SEC. 601. DECLARATION OF POLICY.

4 ‘‘The purpose of this title is to provide a system of

5 civil defense for the protection of life and property in the

6 United States from hazards and to vest responsibility for

7 civil defense jointly in the Federal Government and the sev8 eral States and their political subdivisions. The Congress

9 recognizes that the organizational structure established

10 jointly by the Federal Government and the several States

11 and their political subdivisions for civil defense purposes

12 can be effectively utilized to provide relief and assistance

13 to people in areas of the United States struck by a hazard.

14 The Federal Government shall provide necessary direction,

15 coordination, and guidance and shall provide necessary as16 sistance as authorized in this title.

17 ‘‘SEC. 602. DEFINITIONS.

18 ‘‘In this title:

19 ‘‘(1) The term ‘hazard’ means an emergency or

20 disaster resulting from—

21 ‘‘(A) a natural disaster; or

22 ‘‘(B) an accidental or man-caused event, in23 cluding a civil disturbance and an attack-related

24 disaster.
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1 ‘‘(2) The term ‘attack-related disaster’ means

2 any attack or series of attacks by an enemy of the

3 United States causing, or which may cause, substan4 tial damage or injury to civilian property or persons

5 in the United States in any manner by sabotage or

6 by the use of bombs, shellfire, or nuclear, radiological,

7 chemical, bacteriological, or biological means or other

8 weapons or processes.

9 ‘‘(3) The term ‘natural disaster’ means any hur10 ricane, tornado, storm, flood, high water, wind-driven

11 water, tidal wave, tsunami, earthquake, volcanic

12 eruption, landslide, mudslide, snowstorm, drought,

13 fire, or other catastrophe in any part of the United

14 States which causes, or which may cause, substantial

15 damage or injury to civilian property or persons.

16 ‘‘(4) The term ‘civil defense’ means all those ac17 tivities and measures designed or undertaken to mini18 mize the effects of a hazard upon the civilian popu19 lation, to deal with the immediate emergency condi20 tions which would be created by the hazard, and to

21 effectuate emergency repairs to, or the emergency res22 toration of, vital utilities and facilities destroyed or

23 damaged by the hazard. Such term shall include the

24 following:
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1 ‘‘(A) Measures to be undertaken in prepara2 tion for anticipated hazards (including the estab3 lishment of appropriate organizations, oper4 ational plans, and supporting agreements, the

5 recruitment and training of personnel, the con6 duct of research, the procurement and stockpiling

7 of necessary materials and supplies, the provi8 sion of suitable warning systems, the construc9 tion or preparation of shelters, shelter areas, and

10 control centers, and, when appropriate, the non11 military evacuation of civil population).

12 ‘‘(B) Measures to be undertaken during a

13 hazard (including the enforcement of passive de14 fense regulations prescribed by duly established

15 military or civil authorities, the evacuation of

16 personnel to shelter areas, the control of traffic

17 and panic, and the control and use of lighting

18 and civil communications).

19 ‘‘(C) Measures to be undertaken following a

20 hazard (including activities for fire fighting, res21 cue, emergency medical, health and sanitation

22 services, monitoring for specific dangers of spe23 cial weapons, unexploded bomb reconnaissance,

24 essential debris clearance, emergency welfare
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1 measures, and immediately essential emergency

2 repair or restoration of damaged vital facilities).

3 ‘‘(5) The term ‘organizational equipment’ means

4 equipment determined by the Director to be necessary

5 to a civil defense organization, as distinguished from

6 personal equipment, and of such a type or nature as

7 to require it to be financed in whole or in part by

8 the Federal Government. Such term does not include

9 those items which the local community normally uti10 lizes in combating local disasters except when re11 quired in unusual quantities dictated by the require12 ments of the civil defense plans.

13 ‘‘(6) The term ‘materials’ includes raw mate14 rials, supplies, medicines, equipment, component

15 parts and technical information and processes nec16 essary for civil defense.

17 ‘‘(7) The term ‘facilities’, except as otherwise

18 provided in this title, includes buildings, shelters,

19 utilities, and land.

20 ‘‘(8) The term ‘Director’ means the Director of

21 the Federal Emergency Management Agency.

22 ‘‘(9) The term ‘neighboring countries’ includes

23 Canada and Mexico.

24 ‘‘(10) The term ‘State’ includes interstate civil

25 defense authorities established under section 611(g).
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1 ‘‘SEC. 603. ADMINISTRATION OF TITLE.

2 ‘‘This title shall be carried out by the Director of the

3 Federal Emergency Management Agency.

4 ‘‘Subtitle A—Powers and Duties

5 ‘‘SEC. 611. DETAILED FUNCTIONS OF ADMINISTRATION.

6 ‘‘The Director is authorized, in order to carry out the

7 policy described in section 601 to perform the following

8 functions:

9 ‘‘(a) Prepare national plans and programs for

10 the civil defense of the United States, making such use

11 of plans and programs previously initiated by the

12 National Security Resources Board as is feasible;

13 sponsor and direct such plans and programs; and re14 quest such reports on State plans and operations for

15 civil defense as may be necessary to keep the Presi16 dent, Congress, and the several States advised of the

17 status of civil defense in the United States.

18 ‘‘(b) Delegate, with the approval of the President,

19 to the several departments and agencies of the Federal

20 Government appropriate civil defense responsibilities

21 and review and coordinate the civil defense activities

22 of the departments and agencies with each other and

23 with the activities of the States and neighboring coun24 tries.
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1 ‘‘(c) Make appropriate provision for necessary

2 civil defense communications and for dissemination of

3 warnings to the civilian population of a hazard.

4 ‘‘(d) Study and develop civil defense measures

5 designed to afford adequate protection of life and

6 property, including research and studies as to the best

7 methods of treating the effects of hazards, developing

8 shelter designs and materials for protective covering

9 or construction, and developing equipment or facili10 ties and effecting the standardization thereof to meet

11 civil defense requirements.

12 ‘‘(e) Conduct or arrange, by contract or other13 wise, for training programs for the instruction of civil

14 defense officials and other persons in the organiza15 tion, operation, and techniques of civil defense; con16 duct or operate schools or including the payment of

17 travel expenses, in accordance with subchapter I of

18 chapter 57 of title 5, United States Code, and the

19 Standardized Government Travel Regulations, and

20 per diem allowances, in lieu of subsistence for trainees

21 in attendance or the furnishing of subsistence and

22 quarters for trainees and instructors on terms pre23 scribed by the Director; and provide instructors and

24 training aids as deemed necessary. The terms pre25 scribed by the Director for the payment of travel ex-
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1 penses and per diem allowances authorized by this

2 subsection shall include a provision that such payment shall not exceed 1 3 ⁄2 of the total cost of such ex4 penses. Not more than one national civil defense col5 lege and three civil defense technical training schools

6 shall be established under the authority of this sub7 section. The Director is authorized to lease real prop8 erty required for the purpose of carrying out the pro9 visions of this subsection, but shall not acquire fee

10 title to property unless specifically authorized by law.

11 ‘‘(f) Publicly disseminate appropriate civil de12 fense information by all appropriate means.

13 ‘‘(g) Assist and encourage the States to negotiate

14 and enter into interstate civil defense compacts; re15 view the terms and conditions of such proposed com16 pacts in order to assist, to the extent feasible, in ob17 taining uniformity therein and consistency with the

18 national civil defense plans and programs; assist and

19 coordinate the activities thereunder; and aid and as20 sist in encouraging reciprocal civil defense legislation

21 by the States which will permit the furnishing of mu22 tual aid for civil defense purposes in the event of a

23 hazard which cannot be adequately met or controlled

24 by a State or political subdivision thereof threatened

25 with or experiencing a hazard. A copy of each such
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1 civil defense compact shall be transmitted promptly to

2 the Senate and the House of Representatives. The con3 sent of Congress shall be granted to each such com4 pact, upon the expiration of the first period of 60 cal5 endar days of continuous session of the Congress fol6 lowing the date on which the compact is transmitted

7 to it; but only if, between the date of transmittal and

8 expiration of such 60-day period, there has not been

9 passed a concurrent resolution stating in substance

10 that the Congress does not approve the compact. Noth11 ing in this subsection shall be construed as preventing

12 Congress from withdrawing at any time its consent to

13 any such compact.

14 ‘‘(h) Procure by condemnation or otherwise, con15 struct, lease, transport, store, maintain, renovate or

16 distribute materials and facilities for civil defense,

17 with the right to take immediate possession thereof.

18 Facilities acquired by purchase, donation, or other

19 means of transfer may be occupied, used, and im20 proved for the purposes of this title, prior to the ap21 proval of title by the Attorney General as required by

22 section 355 of the Revised Statutes (40 U.S.C. 255).

23 The Director shall report not less often than quarterly

24 to the Congress all property acquisitions made pursu25 ant to this subsection. The Director is authorized to
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1 lease real property required for the purpose of carry2 ing out the provisions of this subsection, but shall not

3 acquire fee title to property unless specifically author4 ized law. The Director is authorized to procure and

5 maintain under this subsection radiological instru6 ments and detection devices, protective masks, and

7 gas detection kits, and distribute the same by loan or

8 grant to the States for civil defense purposes, under

9 such terms and conditions as the Director shall pre10 scribe.

11 ‘‘(i) Make financial contributions, on the basis of

12 programs or projects approved by the Director, to the

13 States for civil defense purposes, including the pro14 curement, construction, leasing, or renovating of ma15 terials and facilities. Such contributions shall be

16 made on such terms or conditions as the Director

17 shall prescribe, including the method of purchase, the

18 quantity, quality, or specifications of the materials or

19 facilities, and such other factors or care or treatment

20 to assure the uniformity, availability, and good con21 dition of such materials or facilities. No contributions

22 shall be made under this subsection for the procure23 ment of land or for the purchase of personal equip24 ment for State or local civil defense workers. The

25 amounts authorized to be contributed by the Director
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1 to each State for organizational equipment shall be

2 equally matched by such State from any source it de3 termines is consistent with its laws. Financial con4 tributions to the States for shelters and other protec5 tive facilities shall be determined by taking the

6 amount of funds appropriated or available to the Di7 rector for such facilities in each fiscal year and ap8 portioning such funds among the States in the ratio

9 which the urban population of the critical target

10 areas (as determined by the Director, after consulta11 tion with the Secretary of Defense) in each State, at

12 the time of the determination, bears to the total urban

13 population of the critical target areas of all of the

14 States. The amounts authorized to be contributed by

15 the Director to each State for such shelters and pro16 tective facilities shall be equally matched by such

17 State from any source it determines is consistent with

18 its laws and, if not matched within a reasonable

19 time, the Director may reallocate same to other States

20 under the formula described in the preceding sentence.

21 The value of any land contributed by any State or

22 political subdivision thereof shall be excluded from the

23 computation of the State share under this subsection.

24 The amounts paid to any State under this subsection

25 shall be expended solely in carrying out the purposes
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1 set forth herein and in accordance with State civil de2 fense programs or projects approved by the Director.

3 The Director shall make no contribution toward the

4 cost of any program or project for the procurement,

5 construction, or leasing of any facility which (1) is

6 intended for use, in whole or in part, for any purpose

7 other than civil defense, and (2) is of such kind that

8 upon completion it will, in the judgment of the Direc9 tor, be capable of producing sufficient revenue to pro10 vide reasonable assurance of the retirement or repay11 ment of such cost; except that (subject to the preceding

12 sentences of this subsection) the Director may make a

13 contribution to any State toward that portion of the

14 cost of the construction, reconstruction, or enlarge15 ment of any facility which the Director determines to

16 be directly attributable to the incorporation in such

17 facility of any feature of construction or design not

18 necessary for the principal intended purpose thereof

19 but which is, in the judgment of the Director nec20 essary for the use of such facility for civil defense pur21 poses. The Director shall report not less often than

22 annually to Congress all contributions made pursuant

23 to this subsection. All laborers and mechanics em24 ployed by contractors or subcontractors in the per25 formance of construction work financed with the as-
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1 sistance of any contribution of Federal funds made by

2 the Director under this subsection shall be paid wages

3 at rates not less than those prevailing on similar con4 struction in the locality as determined by the Sec5 retary of Labor in accordance with the Act of March

6 3, 1931 (commonly known as the Davis-Bacon Act

7 (40 U.S.C. 276a–276a–5)), and every such employee

8 shall receive compensation at a rate not less than one

and 1 9 ⁄2 times the basic rate of pay of the employee for

10 all hours worked in any workweek in excess of eight

11 hours in any workday or 40 hours in the workweek,

12 as the case may be. The Director shall make no con13 tribution of Federal funds without first obtaining

14 adequate assurance that these labor standards will be

15 maintained upon the construction work. The Sec16 retary of Labor shall have, with respect to the labor

17 standards specified in this subsection, the authority

18 and functions set forth in Reorganization Plan Num19 bered 14 of 1950 (5 U.S.C. App.), and section 2 of the

20 Act of June 13, 1934 (40 U.S.C. 276(c)).

21 ‘‘(j) Arrange for the sale or disposal of materials

22 and facilities found by the Director to be unnecessary

23 or unsuitable for civil defense purposes in the same

24 manner as provided for excess property under the

25 Federal Property and Administrative Services Act of
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1 1949 (40 U.S.C. 471 et seq.). Any funds received as

2 proceeds from the sale or other disposition of such

3 materials and facilities shall be covered into the

4 Treasury as miscellaneous receipts.

5 ‘‘SEC. 612. MUTUAL AID PACTS BETWEEN SEVERAL STATES

6 AND NEIGHBORING COUNTRIES.

7 ‘‘The Director shall give all practicable assistance to

8 States in arranging, through the Department of State, mu9 tual civil defense aid between the States and neighboring

10 countries.

11 ‘‘SEC. 613. IDENTITY INSIGNIA.

12 ‘‘The Director may prescribe insignia, arm bands, and

13 other distinctive articles (including designs previously cov14 ered under Letters Patent which were assigned to the United

15 States and held by the Office of Civilian Defense created

16 by Executive Order Numbered 8757 issued May 20, 1941)

17 which may be manufactured for or possessed or worn by

18 persons engaged in civil defense activities pursuant to rules

19 and regulations for the manufacture, possession, or wearing

20 thereof established by the Director. The manufacture, posses21 sion, or wearing of any such insignia, arm band, or other

22 distinctive article otherwise than in accordance with such

23 rules and regulations shall be unlawful and shall subject

24 such person to a fine of not more than $1,000 or imprison25 ment of not more than one year, or both.
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1 ‘‘SEC. 614. CONTRIBUTIONS FOR PERSONNEL AND ADMIN2 ISTRATIVE EXPENSES.

3 ‘‘(a) GENERAL AUTHORITY.—To further assist in car4 rying out the purposes of this title, the Director may make

5 financial contributions to the States (including interstate

6 civil defense authorities established pursuant to section

7 611(g)) for necessary and essential State and local civil de8 fense personnel and administrative expenses, on the basis

9 of approved plans (which shall be consistent with the na10 tional plan for civil defense approved by the Director) for

11 the civil defense of the States. The financial contributions

to the States under this section shall not exceed 1 12 ⁄2 of the

13 total cost of such necessary and essential State and local

14 civil defense personnel and administrative expenses.

15 ‘‘(b) PLAN REQUIREMENTS.—Plans submitted under

16 this section shall—

17 ‘‘(1) provide, pursuant to State law, that the

18 plan shall be in effect in all political subdivisions of

19 the State and be mandatory on them and be adminis20 tered or supervised by a single State agency;

21 ‘‘(2) provide that the State shall share the finan22 cial assistance with that provided by the Federal Gov23 ernment under this section from any source deter24 mined by it to be consistent with State law;
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1 ‘‘(3) provide for the development of State and

2 local civil defense operational plans, pursuant to

3 standards approved by the Director;

4 ‘‘(4) provide for the employment of a full-time

5 civil defense director, or deputy director, by the State;

6 ‘‘(5) provide that the State shall make such re7 ports in such form and content as the Director may

8 require; and

9 ‘‘(6) make available to duly authorized represent10 atives of the Director and the Comptroller General,

11 books, records, and papers necessary to conduct audits

12 for the purposes of this section.

13 ‘‘(c) TERMS AND CONDITIONS.—The Director shall es14 tablish such other terms and conditions as the Director con15 siders necessary and proper to carry out this section.

16 ‘‘(d) APPLICATION OF OTHER PROVISIONS.—In carry17 ing out this section, the provisions of section 611(g) and

18 621(h) shall apply.

19 ‘‘(e) ALLOCATION OF FUNDS.—For each fiscal year

20 concerned, the Director shall allocate to each State, in ac21 cordance with regulations and the total sum appropriated

22 hereunder, amounts to be made available to the States for

23 the purposes of this section. Regulations governing alloca24 tions to the States under this subsection shall give due re25 gard to (1) the criticality of the target and support areas
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1 and the areas which may be affected by hazards with respect

2 to the development of the total civil defense readiness of the

3 Nation, (2) the relative state of development of civil defense

4 readiness of the State, (3) population, and (4) such other

5 factors as the Director shall prescribe. The Director may

6 reallocate the excess of any allocation not utilized by a State

7 in a plan submitted hereunder. Amounts paid to any State

8 or political subdivision under this section shall be expended

9 solely for the purposes set forth herein.

10 ‘‘(f) SUBMISSION OF PLAN.—In the event a State fails

11 to submit a plan for approval as required by this section

12 within 60 days after the Director notifies the States of the

13 allocations hereunder, the Director may reallocate such

14 funds, or portions thereof, among the other States in such

15 amounts as, in the judgment of the Director will best assure

16 the adequate development of the civil defense capability of

17 the Nation.

18 ‘‘(g) ANNUAL REPORTS.—The Director shall report an19 nually to the Congress all contributions made pursuant to

20 this section.

21 ‘‘SEC. 615. REQUIREMENT FOR STATE MATCHING FUNDS

22 FOR CONSTRUCTION OF EMERGENCY OPER23 ATING CENTERS.

24 ‘‘Notwithstanding any other provision of this title,

25 funds appropriated to carry out this title may not be used
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1 for the purpose of constructing emergency operating centers

2 (or similar facilities) in any State unless such State

3 matches in an equal amount the amount made available

4 to such State under this title for such purpose.

5 ‘‘SEC. 616. USE OF FUNDS TO PREPARE FOR AND RESPOND

6 TO HAZARDS.

7 ‘‘Funds made available to the States under this title

8 may be used by the States for the purposes of preparing

9 for hazards and providing emergency assistance in response

10 to hazards. Regulations prescribed to carry out this section

11 shall authorize the use of civil defense personnel, materials,

12 and facilities supported in whole or in part through con13 tributions under this title for civil defense activities and

14 measures related to hazards.

15 ‘‘Subtitle B—General Provisions

16 ‘‘SEC. 621. ADMINISTRATIVE AUTHORITY.

17 ‘‘For the purpose of carrying out the powers and duties

18 assigned to the Director under this title, the Director may

19 exercise the following administrative authorities:

20 ‘‘(a) Employ civilian personnel for duty in the

21 United States, including the District of Columbia, or

22 elsewhere, subject to the civil-service laws, and to fix

23 the compensation of such personnel in accordance

24 with subchapter III of chapter 51 and chapter 53 of

25 title 5, United States Code.
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1 ‘‘(b) Employ not more than 100 such part-time

2 or temporary advisory personnel (including not to ex3 ceed 25 subjects of the United Kingdom and the Do4 minion of Canada) as are deemed necessary in carry5 ing out the provisions of this title. Persons holding

6 other offices or positions under the United States for

7 which they receive compensation, while serving as

8 members of such committees, shall receive no addi9 tional compensation for such service. Other members

10 of such committees and other part-time or temporary

11 advisory personnel so employed may serve without

12 compensation or may receive compensation at a rate

13 not to exceed $50 for each day of service, as deter14 mined by the Director.

15 ‘‘(c) Utilize the services of Federal agencies and,

16 with the consent of any State or local government, ac17 cept and utilize the services of State and local civil

18 agencies; establish and utilize such regional and other

19 offices as may be necessary; utilize such voluntary

20 and uncompensated services by individuals or organi21 zations as may from time to time be needed; and au22 thorize the States to establish and organize such indi23 viduals and organizations into units to be known col24 lectively as the United States Civil Defense Corps.

25 The members of such corps shall not be deemed by
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1 reason of such membership to be appointees or em2 ployees of the United States.

3 ‘‘(d) Notwithstanding any other provision of law,

4 accept gifts of supplies, equipment, and facilities and

5 utilize or distribute such gifts for civil defense pur6 poses in accordance with the provisions of this title.

7 ‘‘(e) Reimburse any Federal agency for any of its

8 expenditures or for compensation of its personnel and

9 utilization or consumption of its materials and facili10 ties under this title to the extent funds are available.

11 ‘‘(f) Purchase such printing, binding, and blank12 book work from public, commercial, or private print13 ing establishments or binderies as the Director consid14 ers necessary upon orders placed by the Public Print15 er or upon waivers issued in accordance with section

16 504 of title 44, United States Code.

17 ‘‘(g) Prescribe such rules and regulations as may

18 be necessary and proper to carry out any of the pro19 visions of this title and perform any of the powers

20 and duties provided by this title through or with the

21 aid of such officials of the Federal Emergency Man22 agement Agency as the Director may designate.

23 ‘‘(h) When, after reasonable notice and oppor24 tunity for hearing to the State or other person, the

25 Director finds that there is a failure to expend funds
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1 in accordance with the regulations, terms, and condi2 tions established under this title for approved civil de3 fense plans, programs, or projects, notify such State

4 or person that further payments will not be made to

5 the State or person from appropriations under this

6 title (or from funds otherwise available for the pur7 poses of this title for any approved plan, program, or

8 project with respect to which there is such failure to

9 comply) until the Director is satisfied that there will

10 no longer be any such failure. Until so satisfied, the

11 Director shall either withhold the payment of any fi12 nancial contribution to such State or person or limit

13 payments to those programs or projects with respect

14 to which there is substantial compliance with the reg15 ulations, terms, and conditions governing plans, pro16 grams, or projects hereunder. As used in this sub17 section, the term ‘person’ means the political subdivi18 sion of any State or combination or group thereof,

19 any interstate civil defense authority established pur20 suant to subsection 611(g), or any person, corpora21 tion, association, or other entity of any nature what22 soever, including instrumentalities of States and po23 litical subdivisions.
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1 ‘‘SEC. 622. EXEMPTION FROM CERTAIN PROHIBITIONS.

2 ‘‘The authority granted in subsections (b) and (c) of

3 section 621 shall be exercised in accordance with regulations

4 of the President, who may also provide by regulation for

5 the exemption of persons employed or whose services are uti6 lized under the authority of such subsections from the oper7 ation of sections 203, 205, 207, 208, and 209 of title 18

8 of the United States Code.

9 ‘‘SEC. 623. SECURITY REGULATIONS.

10 ‘‘(a) ESTABLISHMENT.—The Director shall establish

11 such security requirements and safeguards, including re12 strictions with respect to access to information and prop13 erty as the Director considers necessary.

14 ‘‘(b) LIMITATIONS ON EMPLOYEE ACCESS TO INFOR15 MATION.—No employee of the Federal Emergency Manage16 ment Agency shall be permitted to have access to informa17 tion or property with respect to which access restrictions

18 have been established under this section, until it shall have

19 been determined that no information is contained in the

20 files of the Federal Bureau of Investigation or any other

21 investigative agency of the Government indicating that such

22 employee is of questionable loyalty or reliability for security

23 purposes, or if any such information is so disclosed, until

24 the Federal Bureau of Investigation shall have conducted

25 a full field investigation concerning such person and a re-
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1 port thereon shall have been evaluated in writing by the

2 Director.

3 ‘‘(c) NATIONAL SECURITY POSITIONS.—No employee of

4 the Federal Emergency Management Agency shall occupy

5 any position determined by the Director to be of critical

6 importance from the standpoint of national security until

7 a full field investigation concerning such employee shall

8 have been conducted by the Director of the Office of Person9 nel Management and a report thereon shall have been evalu10 ated in writing by the Director. In the event such full field

11 investigation by the Director of the Office of Personnel Man12 agement develops any data reflecting that such applicant

13 for a position of critical importance is of questionable loy14 alty or reliability for security purposes, or if the Director

15 for any other reason shall deem it to be advisable, such in16 vestigation shall be discontinued and a report thereon shall

17 be referred to the Director for evaluation in writing. There18 after the Director may refer the matter to the Federal Bu19 reau of Investigation for the conduct of a full field inves20 tigation by such Bureau. The result of such latter investiga21 tion by such Bureau shall be furnished to the Director for

22 action.

23 ‘‘(d) EMPLOYEE OATHS.—Each Federal employee of

24 the Federal Emergency Management Agency, except the sub25 jects of the United Kingdom and the Dominion of Canada
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1 specified in section 621(b), shall execute the loyalty oath

2 or appointment affidavits prescribed by the Director of the

3 Office of Personnel Management. Each person other than

4 a Federal employee who is appointed to serve in a State

5 or local organization for civil defense shall before entering

6 upon duties, take an oath in writing before a person author7 ized to administer oaths, which oath shall be substantially

8 as follows:

9 ‘I, , do solemnly swear (or affirm)

10 that I will support and defend the Constitution of the

11 United States against all enemies, foreign and domes12 tic; that I will bear true faith and allegiance to the

13 same; that I take this obligation freely, without any

14 mental reservation or purpose of evasion; and that I

15 will well and faithfully discharge the duties upon

16 which I am about to enter.

17 ‘And I do further swear (or affirm) that I do not

18 advocate, nor am I a member or an affiliate of any

19 organization, group, or combination of persons that

20 advocates the overthrow of the Government of the

21 United States by force or violence; and that during

22 such time as I am a member of (name

23 of civil defense organization), I will not advocate nor

24 become a member or an affiliate of any organization,

25 group, or combination of persons that advocates the
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1 overthrow of the Government of the United States by

2 force or violence.’

3 After appointment and qualification for office, the director

4 of civil defense of any State, and any subordinate civil de5 fense officer within such State designated by the director

6 in writing, shall be qualified to administer any such oath

7 within such State under such regulations as the director

8 shall prescribe. Any person who shall be found guilty of hav9 ing falsely taken such oath shall be punished as provided

10 in section 1621 of title 18, United States Code.

11 ‘‘SEC. 624. UTILIZATION OF EXISTING FACILITIES.

12 ‘‘In performing duties under this title, the Director

13 shall—

14 ‘‘(1) cooperate with the various departments and

15 agencies of the Federal Government;

16 ‘‘(2) utilize, to the maximum extent, the existing

17 facilities and resources of the Federal Government

18 and, with their consent, the facilities and resources of

19 the States and political subdivisions thereof, and of

20 other organizations and agencies; and

21 ‘‘(3) refrain from engaging in any form of activ22 ity which would duplicate or parallel activity of any

23 other Federal department or agency unless the Direc24 tor, with the written approval of the President, shall
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1 determine that such duplication is necessary to ac2 complish the purposes of this title.

3 ‘‘SEC. 625. ANNUAL REPORT TO CONGRESS.

4 ‘‘The Director shall annually submit a written report

5 to the President and Congress covering expenditures, con6 tributions, work, and accomplishments of the Federal Emer7 gency Management Agency pursuant to this title, accom8 panied by such recommendations as the Director shall deem

9 appropriate.

10 ‘‘SEC. 626. APPLICABILITY OF TITLE.

11 ‘‘The provisions of this title shall be applicable to the

12 United States, its States, Territories and possessions, and

13 the District of Columbia, and their political subdivisions.

14 ‘‘SEC. 627. AUTHORIZATION OF APPROPRIATIONS AND

15 TRANSFERS OF FUNDS.

16 ‘‘There are authorized to be appropriated such sums

17 as may be necessary to carry out the provisions of this title.

18 Funds made available for the purposes of this title may be

19 allocated or transferred for any of the purposes of this title,

20 with the approval of the Bureau of the Budget, to any agen21 cy or government corporation designated to assist in carry22 ing out this title. Each such allocation or transfer shall be

23 reported in full detail to the Congress within thirty days

24 after such allocation or transfer.
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1 ‘‘SEC. 628. ATOMIC ENERGY ACT OF 1946.

2 ‘‘Nothing in this title shall be construed to amend or

3 modify the provisions of the Atomic Energy Act of 1954

4 (42 U.S.C. 2011 et seq.).

5 ‘‘SEC. 629. FEDERAL BUREAU OF INVESTIGATION.

6 ‘‘Nothing in this title shall be construed to authorize

7 investigations of espionage, sabotage, or subversive acts by

8 any persons other than personnel of the Federal Bureau of

9 Investigation.

10 ‘‘SEC. 630. SEPARABILITY.

11 ‘‘If any provision of this title or the application of such

12 provision to any person or circumstances shall be held in13 valid, the remainder of the title, and the application of such

14 provisions to persons or circumstances other than those as

15 to which it is held invalid, shall not be affected thereby.

16 ‘‘SEC. 631. APPLICABILITY OF REORGANIZATION PLAN NUM17 BERED 1.

18 ‘‘The applicability of Reorganization Plan Numbered

19 1 of 1958 (23 F.R. 4991) shall extend to any amendment

20 of this title except as otherwise expressly provided in such

21 amendment.’’.

22 (b) CONFORMING REPEAL.—The Act entitled ‘‘An Act

23 to authorize a Federal civil defense program, and for other

24 purposes.’’, approved January 12, 1951 (50 U.S.C. App.

25 2251 et seq.), is repealed.
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1 (c) CONFORMING AMENDMENTS.—(1) Section 202(c) of

2 The Robert T. Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5132(c)) is amended by striking

4 ‘‘section 201(c) of the Federal Civil Defense Act of 1950,

5 as amended (50 U.S.C. App. 2281(c)),’’ and inserting ‘‘sec6 tion 611(c) of this Act’’.

7 (2) The undesignated paragraph under the heading

8 ‘‘CIVIL DEFENSE PROCUREMENT FUND’’ in chapter XI of the

9 Third Supplemental Appropriation Act, 1951 (50 U.S.C.

10 App. 2264; 65 Stat. 61) is repealed.

11 (3) Section 813(d) of the Agricultural Act of 1970 (7

12 U.S.C. 1427a(d)) is amended by striking out ‘‘the provi13 sions of the Federal Civil Defense Act of 1950, as amended

14 (50 U.S.C. App. 2251–2297).’’ and inserting in lieu thereof

15 ‘‘title VI of The Robert T. Stafford Disaster Relief and

16 Emergency Assistance Act.’’.

17 TITLE XXXV—NAVAL

18 PETROLEUM RESERVES

19 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.

20 There is hereby authorized to be appropriated to the

21 Secretary of Energy $199,456,000 for fiscal year 1995 for

22 the purpose of carry out activities under chapter 641 of title

23 10, United States Code, relating to the naval petroleum re24 serves (as defined in section 7420(2) of such title). Funds
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1 appropriated pursuant to such authorization shall remain

2 available until expended.

3 SEC. 3502. PRICE REQUIREMENT ON SALE OF CERTAIN PE4 TROLEUM DURING FISCAL YEAR 1995.

5 During fiscal year 1995, any sale of any part of the

6 United States share of petroleum produced from Naval Pe7 troleum Reserves Numbered 1, 2, and 3 shall be made at

8 the price prescribed by section 7430(b)(2)(A) of title 10,

9 United States Code.

Attest:

Clerk.

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