II

103D CONGRESS

2D SESSION S. 2059

To authorize appropriations for fiscal year 1995 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 1995, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 3 (legislative day, MAY 2), 1994

Mr. NUNN (for himself and Mr. THURMOND) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for fiscal year 1995 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 1995, and

for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.
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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 procurement.

Sec. 105. Defense Inspector General.

Sec. 106. Defense health program.

Sec. 107. Chemical demilitarization program.

Subtitle B—Other Matters

Sec. 111. Repeal of requirement for separate budget request for procurement

of Reserve equipment.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Sec. 201. Authorization of appropriations.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Repeal of limitations on operation of activities included in Defense

Business Operations Fund.

Sec. 304. Repeal of provisions relating to charges for goods and services provided through the Defense Business Operations Fund.

Sec. 305. Disposition of proceeds from operation of Naval Academy laundry.

Subtitle B—Other Matters

Sec. 311. Revision of date for submission of future years mission budget.

Sec. 312. Live-fire survivability testing of F–22 Aircraft.

Sec. 313. Ballistic Missile Defense mission.

Sec. 314. Repeal of requirement for the Secretary of Defense to provide advance

review and approval of proposed developmental tests of limited

defense system program projects and to provide independent

monitoring of the tests.

Sec. 315. Expansion of the methods of test and evaluation used to demonstrate

theater missile defense interceptor performance prior to the interceptor program proceeding into low-rate initial production

acquisition phase.

Sec. 316. Disaster relief.

Sec. 317. Amendment to the emergency and extraordinary expense authority for

the Inspector General of the Department of Defense.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.
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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. Increase in number of members in certain grades authorized to be on

active duty in support of the Reserves.

Subtitle C—Military Training Student Loads

Sec. 421. Authorization of training student loads.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Authority of Secretary of military department to approve officers serving on certain successive selection boards.

Sec. 502. Technical changes to sections codified by the Warrant Officer Management Act.

Sec. 503. Authority for facilitated promotions when all officers on a confirmation list are not confirmed at one time.

Sec. 504. Retirement or enlistment of certain limited duty officers of the Navy

and Marine Corps.

Sec. 505. Authority for temporary promotions of certain Navy lieutenants.

Subtitle B—Reserve Component Matters

Sec. 511. Reserve Forces Policy Board amendments.

Sec. 512. Authorization of limited Selected Reserve call up authority and expansion of 90-day call up period.

Sec. 513. Repeal of obsolete provisions pertaining to transfer to the retired Reserve.

Sec. 514. Guard and Reserve transition initiatives.

Subtitle C—Other Matters

Sec. 521. Use of exchanges and Morale, Welfare and Recreation facilities by

certain retirees.

Sec. 522. Overseas military end strengths.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Calculation of retired pay of a commissioned officer of the Armed

Forces when the Secretary concerned determines the officer did

not serve satisfactorily in the grade held at retirement.

Sec. 603. Expiring authorities.

Subtitle B—Retired Pay and Survivor Benefits

Sec. 611. Authority for survivors of uniformed service members to receive, upon

death of member, payment for all leave accrued, regardless of

sixty-day limitation.

Sec. 612. Disability coverage for officer candidates granted excess leave.

Sec. 613. Forfeiture of annuity or retired pay of members convicted of espionage.
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Sec. 614. Crediting of reserve service for computation of retired pay.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Management

Sec. 701. Improving coordination of benefits information by sharing health insurance information from the Medicare and Medicaid coverage

data bank.

Sec. 702. Expanded use of partnership and resource sharing programs for improved cost-effectiveness.

Sec. 703. Improvement of uniformed services treatment facilities program.

Sec. 704. Authority to conduct health care surveys of families of retired members.

Sec. 705. Effective date.

Subtitle B—Personnel Matters

Sec. 711. Increase in incentive special pay for certified registered nurse anesthetists.

Sec. 712. Authority for nurse accession bonuses, incentive special pay for nurse

anesthetists, and nurse officer candidate accession bonus.

Sec. 713. Reduction in the maximum number of years for a military member

to be maintained on the temporary disability retired list.

Subtitle C—Other Matters

Sec. 721. Revision of definition of dependents for purposes of health benefits.

Sec. 722. Repeal of the statutory restriction on use of funds for abortions.

Sec. 723. Authorization for medical and dental care of abused dependents of

certain members of the uniformed services.

TITLE VIII—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Department of Defense

Sec. 801. Order of succession in military departments.

Sec. 802. Authority to prepare the official table of distances.

Sec. 803. Authority to conduct a program to commemorate World War II.

Sec. 804. Authority for the Department of Defense to share equitably the costs

of claims under international armaments cooperation programs.

Sec. 805. Change of title of Deputy Under Secretary of Defense for Acquisition

and Technology to Principal Deputy Under Secretary of Defense for Acquisition and Technology.

Sec. 806. Change of title of Deputy Under Secretary of Defense for Policy to

Principal Deputy Under Secretary of Defense for Policy.

Sec. 807. Chief Financial Officer of the Department of Defense.

Sec. 808. Change of title of Comptroller of the Department of Defense to

Under Secretary of Defense (Comptroller).

Subtitle B—Professional Military Education

Sec. 811. Authority to hire civilian faculty members for the Information Resources Management College, National Defense University.
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Subtitle C—Education Matters

Sec. 821. Defense Department Overseas Teachers Pay and Personnel Practices

Act Amendments.

Sec. 822. Adjustment of pay of certain overseas educators.

Sec. 823. Reauthorization of United States Department of Defense elementary

and secondary schools for dependents.

Subtitle D—Other Matters

Sec. 831. Clarification and expansion of authority of the Department of Defense to receive voluntary services.

Sec. 832. Repeal of prohibition of contracting for firefighting and security

guard functions at military facilities.

Sec. 833. Statute of limitations for claims under the Fair Labor Standards Act.

TITLE IX—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 901. Exemption of certain routine adjustments of pay from due process

provisions.

Sec. 902. Contract Disputes Act amendment relating to payment of interest on

contractor claims.

Subtitle B—Civilian Employee Pay Matters

Sec. 911. Expiring authorities.

Sec. 912. Travel, transportation, and relocation expenses of employees transferred from the Department of Defense to the Postal Service.

Sec. 913. Limitation of severance pay for certain civilian employees who are

employed by nonappropriated funds.

Subtitle C—Other Matters

Sec. 921. National Guard youth programs.

Sec. 922. Protection from unauthorized use of the name ‘‘Defense Mapping

Agency’’.

Sec. 923. Limitation of liability for any navigational aid prepared or disseminated by the Defense Mapping Agency.

Sec. 924. Reorganization of the Air Force liaison with the Civil Air Patrol.

Sec. 925. Informed consent of persons participating in human medical research.

Sec. 926. Military-to-military contacts and comparable activities.

Sec. 927. Purchase of vessels for the Ready Reserve Force.

Sec. 928. Technical amendment to authorize implementation of Junior Reserve

Officers Training Corps (JROTC) program expansion.

TITLE X—MATTERS RELATING TO ALLIES, OTHER

NATIONS, AND INTERNATIONAL ORGANIZATIONS

Sec. 1001. Extension of authority to acquire logistic support for forces deployed

outside the United States to authority to acquire from the

United Nations or regional organizations of which the United

States is a member.

Sec. 1002. Extension of authority to enter into cross servicing agreements to

authority to enter into agreements with the United Nations organization or any regional organizations of which the United

States is a member.
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Sec. 1003. Method of payment for acquisitions and transfers.

Sec. 1004. Limitation of amounts that may be obligated or accrued.

Sec. 1005. Definitions.

Sec. 1006. Effective date.

TITLE XI—PEACEKEEPING AND RELATED MATTERS

Sec. 1101. Assistance to international peacekeeping and peace enforcement

activities.

TITLE XII—COUNTERPROLIFERATION

Sec. 1201. Extension and Amendment of Counterproliferation Authorities.

TITLE XIII—ACQUISITION REFORM

Sec. 1301. Amendment to research authorities.

Sec. 1302. Amendment of acquisition laws relating to industrial mobilization.

Sec. 1303. Disposition of naval vessels.

Sec. 1304. Contract for fuel storage and management.

1 TITLE I—PROCUREMENT

2 Subtitle A—Authorization of Appropriations

3 SEC. 101. ARMY.

4 Funds are hereby authorized to be appropriated for

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

6 (1) For aircraft, $1,041,581,000.

7 (2) For missiles, $593,995,000.

8 (3) For weapons and tracked combat vehicles,

9 $919,786,000.

10 (4) For ammunition, $844,644,000.

11 (5) For other procurement, $2,690,233,000.

12 SEC. 102. NAVY AND MARINE CORPS.

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 1995 for procurement for the Navy

15 as follows:
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1 (1) For aircraft, $4,786,265,000.

2 (2) For weapons, including missiles and tor3 pedoes, $2,400,039,000.

4 (3) For shipbuilding and conversion,

5 $5,585,397,000.

6 (4) For other procurement, $3,319,418,000.

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

8 be appropriated for fiscal year 1995 for procurement for

9 the Marine Corps in the amount of $554,620,000.

10 SEC. 103. AIR FORCE.

11 Funds are hereby authorized to be appropriated for

12 fiscal year 1995 for procurement for the Air Force as fol13 lows:

14 (1) For aircraft, $6,747,599,000.

15 (2) For weapons, including missiles,

16 $4,392,173,000.

17 (3) For other procurement, $7,078,253,000.

18 SEC. 104. DEFENSE-WIDE PROCUREMENT.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 1995 for defense-wide procurement in the

21 amount of $1,744,916,000.

22 SEC. 105. DEFENSE INSPECTOR GENERAL.

23 Funds are hereby authorized to be appropriated for

24 fiscal year 1995 for procurement for the Defense Inspec25 tor General in the amount of $1,000,000.
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1 SEC. 106. DEFENSE HEALTH PROGRAM.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 1995 for procurement for the Defense Health

4 Program in the amount of $308,889,000.

5 SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

6 There is hereby authorized to be appropriated for fis7 cal year 1995 the amount of $575,349,000 for—

8 (1) the destruction of lethal agents and muni9 tions in accordance with section 1412 of the Depart10 ment of Defense Authorization Act, 1986 (50 U.S.C.

11 1521); and

12 (2) the destruction of chemical warfare material

13 of the United States that is not covered by section

14 1412 of such Act.

15 Subtitle B—Other Matters

16 SEC. 111. REPEAL OF REQUIREMENT FOR SEPARATE BUDG17 ET REQUEST FOR PROCUREMENT OF RE18 SERVE EQUIPMENT.

19 Section 114(e) of title 10, United States Code, is re20 pealed.

21 TITLE II—RESEARCH, DEVELOPMENT,

22 TEST, AND EVALUATION

23 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

24 Funds are hereby authorized to be appropriated for

25 fiscal year 1995 for the use of the Armed Forces for re26 search, development, test, and evaluation, as follows:
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1 (1) For the Army, $5,260,082,000.

2 (2) For the Navy, $8,934,718,000.

3 (3) For the Air Force, $12,349,362,000.

4 (4) For Defense-wide research, development,

5 test, and evaluation, $9,680,851,000, of which—

6 (A) $251,495,000 is authorized for the ac7 tivities of the Director, Test and Evaluation;

8 and

9 (B) $12,501,000 is authorized for the Di10 rector of Operational Test and Evaluation.

11 TITLE III—OPERATION AND

12 MAINTENANCE

13 Subtitle A—Authorization of Appropriations

14 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 1995 for the use of the Armed Forces of the

17 United States and other activities and agencies of the De18 partment of Defense, for expenses, not otherwise provided

19 for, for operation and maintenance, in amounts as follows:

20 (1) For the Army, $17,820,994,000.

21 (2) For the Navy, $21,227,239,000.

22 (3) For the Marine Corps, $1,918,395,000.

23 (4) For the Air Force, $19,077,041,000.

24 (5) For Defense-wide activities,

25 $10,223,115,000.
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1 (6) For Medical Programs, Defense,

2 $9,613,331,000.

3 (7) For the Army Reserve, $1,253,744,000.

4 (8) For the Navy Reserve, $827,819,000.

5 (9) For the Marine Corps Reserve,

6 $81,462,000.

7 (10) For the Air Force Reserve,

8 $1,478,990,000.

9 (11) For the Army National Guard,

10 $2,447,148,000.

11 (12) For the Air National Guard,

12 $2,780,178,000.

13 (13) For the National Board for the Promotion

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

15 (14) For the Defense Inspector General,

16 $127,172,000.

17 (15) For Drug Interdiction and Counter-drug

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

19 (16) For the Court of Military Appeals,

20 $6,152,000.

21 (17) For Environmental Restoration, Defense,

22 $2,180,200,000.

23 (18) For Humanitarian Assistance,

24 $71,900,000.
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1 (19) For Former Soviet Union Threat Reduc2 tion, $400,000,000.

3 (20) For Contributions for International Peace4 keeping and Peace Enforcement Activities Fund,

5 $300,000,000.

6 SEC. 302. WORKING CAPITAL FUNDS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1995 for the use of the Armed Forces of the

9 United States and other activities and agencies of the De10 partment of Defense for providing capital for working cap11 ital and revolving funds in amounts as follows:

12 (1) For the Defense Business Operations Fund,

13 $1,619,038,000.

14 (2) For the National Defense Sealift Fund,

15 $608,600,000.

16 SEC. 303. REPEAL OF LIMITATIONS ON OPERATION OF DE17 FENSE BUSINESS OPERATIONS FUND.

18 Section 316 of the National Defense Authorization

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

20 note), is repealed.
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1 SEC. 304. REPEAL OF PROVISIONS RELATING TO CHARGES

2 FOR GOODS AND SERVICES PROVIDED

3 THROUGH THE DEFENSE BUSINESS OPER4 ATIONS FUND.

5 Subsections 333 (a) and (b) of the National Defense

6 Authorization Act for Fiscal Year 1994 are repealed.

7 SEC. 305. DISPOSITION OF PROCEEDS FROM OPERATION

8 OF NAVAL ACADEMY LAUNDRY.

9 Section 6971 of title 10, United States Code is

10 amended—

11 (a) by striking out ‘‘(a)’’;

12 (b) by striking out ‘‘and the Academy dairy’’

13 and inserting ‘‘the Academy dairy, and the Academy

14 laundry’’; and

15 (c) by repealing subsection (b).

16 Subtitle B—Other Matters

17 SEC. 311. REVISION OF DATE FOR SUBMISSION OF FUTURE18 YEARS MISSION BUDGET.

19 The second sentence of section 222 of title 10, United

20 States Code, is amended by striking out ‘‘at the same time

21 that’’ and inserting ‘‘within 60 days after’’ in lieu thereof.

22 SEC. 312. LIVE-FIRE SURVIVABILITY TESTING OF F–22 AIR23 CRAFT.

24 (a) AUTHORITY FOR RETROACTIVE WAIVER.—The

25 Secretary of Defense may exercise the waiver authority in

26 section 2366(c) of title 10, United States Code, with re-
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1 spect to the application of the survivability tests of that

2 section to the F–22 aircraft, notwithstanding that such

3 program has entered full-scale engineering development.

4 (b) REPORTING REQUIREMENT.—If the Secretary of

5 Defense submits a certification under section 2366(c) of

6 title 10 that live-fire testing of the F–22 system under

7 such section would be unreasonably expensive or imprac8 tical, the Secretary of Defense shall require that suffi9 ciently large and realistic components and subsystems that

10 could affect the survivability of the F–22 system be made

11 available for any alternative live-fire test program.

12 (c) FUNDING.—The funds required to carry out any

13 alternative live-fire testing program for the F–22 aircraft

14 system shall be made available from amounts appropriated

15 for the F–22 program.

16 SEC. 313. BALLISTIC MISSILE DEFENSE MISSION.

17 Section 224(b) of the National Defense Authorization

18 Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431

19 note), is amended—

20 (1) by striking out paragraphs (3), (4), (9), and

21 (10);

22 (2) by redesignating paragraphs (5), (6), (7),

23 and (8) as paragraphs (3), (4), (5), and (6) respec24 tively; and
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1 (3) in redesignated paragraph (7), by striking

2 out ‘‘of the Soviet Union’’ and ‘‘for the Soviet

3 Union.’’.

4 SEC. 314. REPEAL OF REQUIREMENT FOR THE SECRETARY

5 OF DEFENSE TO PROVIDE ADVANCE REVIEW

6 AND APPROVAL OF PROPOSED DEVEL7 OPMENTAL TESTS OF LIMITED DEFENSE SYS8 TEM PROGRAM PROJECTS AND TO PROVIDE

9 INDEPENDENT MONITORING OF THE TESTS.

10 Sections 237(b) and 237(c) of the National Defense

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

12 160; 107 Stat. 1547), are repealed.

13 SEC. 315. EXPANSION OF THE METHODS OF TEST AND

14 EVALUATION USED TO DEMONSTRATE THEA15 TER MISSILE DEFENSE INTERCEPTOR PER16 FORMANCE PRIOR TO THE INTERCEPTOR

17 PROGRAM PROCEEDING INTO LOW-RATE INI18 TIAL PRODUCTION ACQUISITION PHASE.

19 Section 237(a) of the National Defense Authorization

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

21 1547), is amended to read as follows:

22 ‘‘(a) TESTING OF THEATER MISSILE DEFENSE

23 INTERCEPTORS.—The Secretary of Defense may not ap24 prove a theater missile defense interceptor program pro25 ceeding beyond the Low-Rate Initial Production (Mile-
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1 stone IIIA) acquisition stage until the Secretary certifies

2 to the Congressional defense committees that sufficient

3 lethality tests, involving multiple interceptors and multiple

4 targets in the presence of realistic countermeasures, con5 sistent with section 2366 of title 10, United States Code,

6 have been conducted, the results of which demonstrate the

7 achievement by the interceptors of the weapons systems

8 performance goals specified in the system baseline docu9 ment established pursuant to section 2435(a)(1)(A) of

10 title 10, United States Code, before the program entered

11 engineering and manufacturing systems development.

12 Modeling and simulation validated by ground and flight

13 testing may be used to augment live fire testing to dem14 onstrate weapons system performance goals.’’.

15 SEC. 316. DISASTER RELIEF.

16 (a) DISASTER RELIEF ACTIVITIES.—Subchapter I of

17 chapter 20 of title 10, United States Code, is amended

18 by adding at the end thereof the following new section:

19 ‘‘§ 404. Disaster relief

20 ‘‘Notwithstanding any other provision of law, the

21 President may provide global disaster relief to respond to

22 manmade or natural disasters.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of subchapter I of chapter 20 of title 10,
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1 United States Code, is amended by adding at the end

2 thereof the following new item:

‘‘404. Disaster relief.’’.

3 SEC. 317. AMENDMENT TO THE EMERGENCY AND EXTRAOR4 DINARY EXPENSE AUTHORITY FOR THE IN5 SPECTOR GENERAL OF THE DEPARTMENT OF

6 DEFENSE.

7 Section 127(c) of title 10, United States Code, (as

8 amended by section 361(3) of the National Defense Au9 thorization Act for Fiscal Year 1994 (Public Law 103–

10 160; 107 Stat. 1547)) is amended by—

11 (1) striking out ‘‘(1)’’ after ‘‘(c)’’; and

12 (2) striking out paragraph (2).

13 TITLE IV—MILITARY PERSONNEL

14 AUTHORIZATIONS

15 Subtitle A—Active Forces

16 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

17 The Armed Forces are authorized strengths for active

18 duty personnel as of September 30, 1995, as follows:

19 (1) The Army, 510,000.

20 (2) The Navy, 441,641.

21 (3) The Marine Corps, 174,000.

22 (4) The Air Force, 400,051.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

3 (a) IN GENERAL.—The Armed Forces are authorized

4 strengths for Selected Reserve personnel of the reserve

5 components as of September 30, 1995, as follows:

6 (1) The Army National Guard of the United

7 States, 400,000.

8 (2) The Army Reserve, 242,000.

9 (3) The Naval Reserve, 100,710.

10 (4) The Marine Corps Reserve, 42,000.

11 (5) The Air National Guard of the United

12 States, 115,581.

13 (6) The Air Force Reserve, 78,706.

14 (7) The Coast Guard Reserve, 7,000.

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

16 may vary the end strength authorized by subsection (a)

17 by not more than 2 percent.

18 (c) ADJUSTMENTS.—The end strengths prescribed by

19 subsection (a) for the Selected Reserve of any reserve com20 ponent shall be reduced proportionately by—

21 (1) the total authorized strength of units orga22 nized to serve as units of the Selected Reserve of

23 such component which are on active duty (other

24 than for training) at the end of the fiscal year, and
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1 (2) the total number of individual members not

2 in units organized to serve as units of the Selected

3 Reserve of such component who are on active duty

4 (other than for training or for unsatisfactory partici5 pation in training) without their consent at the end

6 of the fiscal year.

7 Whenever such units or such individual members are re8 leased from active duty during any fiscal year, the end

9 strength prescribed for such fiscal year for the Selected

10 Reserve of such reserve component shall be increased pro11 portionately by the total authorized strengths of such

12 units and by the total number of such individual members.

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 Within the end strengths prescribed in section

16 402(b), the reserve components of the Armed Forces are

17 authorized, as of September 30, 1995, the following num18 ber of Reserves to be serving on full-time active duty or,

19 in the case of members of the National Guard, full-time

20 National Guard duty for the purpose of organizing, ad21 ministering, recruiting, instructing, or training the reserve

22 components:

23 (1) The Army National Guard of the United

24 States, 23,650.

25 (2) The Army Reserve, 11,940.
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1 (3) The Naval Reserve, 17,510.

2 (4) The Marine Corps Reserve, 2,285.

3 (5) The Air National Guard of the United

4 States, 9,098.

5 (6) The Air Force Reserve, 648.

6 SEC. 413. INCREASE IN NUMBER OF MEMBERS IN CERTAIN

7 GRADES AUTHORIZED TO BE ON ACTIVE

8 DUTY IN SUPPORT OF THE RESERVES.

9 (a) SENIOR ENLISTED MEMBERS.—Effective on Oc10 tober 1, 1994, the table in section 517(b) of title 10,

11 United States Code, is amended to read as follows:

‘‘Grade Army Navy Air Force Marine

Corps

E–9 ................................................. 569 202 328 14

E–8 ................................................. 2,585 429 840 74’’.

12 (b) OFFICERS.—Effective on October 1, 1994, the

13 table in section 524(a) of such title is amended to read

14 as follows:

‘‘Grade Army Navy Air Force Marine

Corps

Major or Lieutenant Commander .. 3,219 1,071 575 110

Lieutenant Colonel or Commander 1,524 520 636 75

Colonel or Navy Captain ................ 372 188 274 25’’.
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1 Subtitle C—Military Training Student Loads

2 SEC. 421. AUTHORIZATION OF TRAINING STUDENT LOADS.

3 (a) IN GENERAL.—For fiscal year 1995, the compo4 nents of the active and reserve Armed Forces are author5 ized average military training student loads as follows:

6 (1) The Army, 69,420.

7 (2) The Navy, 43,064.

8 (3) The Marine Corps, 25,377.

9 (4) The Air Force, 36,840.

10 (b) SCOPE.—The average military training student

11 loads authorized for an armed force in subsection (a) ap12 plies to the active and reserve components of that armed

13 force.

14 (c) ADJUSTMENTS.—The average military training

15 student loads authorized in subsection (a) shall be ad16 justed consistent with the end strengths authorized in sub17 titles A and B. The Secretary of Defense shall prescribe

18 the manner in which such adjustments shall be appor19 tioned.
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1 TITLE V—MILITARY PERSONNEL POLICY

2 Subtitle A—Officer Personnel Policy

3 SEC. 501. AUTHORITY OF SECRETARY OF MILITARY DE4 PARTMENT TO APPROVE OFFICERS SERVING

5 ON CERTAIN SUCCESSIVE SELECTION

6 BOARDS.

7 Section 612(b) of title 10, United States Code, is

8 amended by adding at the end the following sentence:

9 ‘‘With the approval of the Secretary of the military depart10 ment concerned, however, officers may serve as members

11 on successive selection boards convened under section

12 611(a) of this title for the consideration of officers of the

13 same competitive category and grade if the second board

14 does not consider the same officer or officers as the first

15 board.’’.

16 SEC. 502. TECHNICAL CHANGES TO SECTIONS CODIFIED BY

17 THE WARRANT OFFICER MANAGEMENT ACT.

18 Chapter 33A of title 10, United States Code, is

19 amended—

20 (1) in section 578, by adding at the end the fol21 lowing new subsections:

22 ‘‘(e) An officer who is appointed to a higher grade

23 under this section is considered to have accepted such ap24 pointment on the date on which the appointment is made

25 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 sec3 tion 3331 of title 5 is not required to take a new oath

4 upon appointment to a higher grade under this section.’’;

5 (2) in sections 573(a)(2) and 574(e), by strik6 ing out ‘‘on active duty’’ in each section;

7 (3) in section 575(d), by inserting before the

8 period at the end thereof ‘‘, except for those officers

9 precluded from consideration under regulations pre10 scribed by the Secretary concerned under section

11 577 of this title’’;

12 (4) in section 576(f)(1), by striking out the last

13 sentence thereof, and

14 (5) in section 582(2) is amended by inserting

15 before the period at the end thereof ‘‘(except those

16 retired warrant officers who were recalled to active

17 duty prior to February 1, 1992)’’.

18 SEC. 503. AUTHORITY FOR FACILITATED PROMOTIONS

19 WHEN ALL OFFICERS ON A CONFIRMATION

20 LIST ARE NOT CONFIRMED AT ONE TIME.

21 (a) IN GENERAL.—Section 624 of title 10, United

22 States Code, is amended by adding at the end the follow23 ing new subsection:

24 ‘‘(e)(1) Notwithstanding the provisions of subsection

25 (a)(2), if the Senate—
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1 ‘‘(A) has not given its advice and consent under

2 subsection (c) to the appointment of one or more of3 ficers on a promotion list, or completed its consider4 ation of those officers under section 629(b) of this

5 title, and

6 ‘‘(B) has given its advice and consent to the ap7 pointment of one or more officers on the same pro8 motion list,

9 then appointments of officers that have received the Sen10 ate’s advice and consent may be made in the order in

11 which their names appear on the promotion list.

12 ‘‘(2) in the event that the Senate later gives its advice

13 and consent to the appointment of an officer described in

14 subparagraph (1)(A), the Secretary concerned may adjust

15 that officer’s date of rank, effective date for pay and allow16 ances in the higher grade to which appointed, and position

17 on the active duty list, as the Secretary concerned consid18 ers appropriate under the circumstances.’’.

19 (b) CONFORMING AMENDMENT.—Section 624(a)(2)

20 of title 10, United States Code, is amended by striking

21 out ‘‘subsection (d),’’ and inserting in lieu thereof ‘‘sub22 sections (d) and (e),’’.
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1 SEC. 504. RETIREMENT OR ENLISTMENT OF CERTAIN LIM2 ITED DUTY OFFICERS OF THE NAVY AND MA3 RINE CORPS.

4 Section 6383 of title 10, United States Code, is

5 amended—

6 (1) in subsections (a), (b), and (d), by striking

7 out ‘‘Except as provided in subsection (i),’’ each

8 place such phrase appears and inserting in lieu

9 thereof in each instance ‘‘Except as provided in sub10 sections (f) and (h),’’;

11 (2) by amending subsection (f) to read as fol12 lows:

13 ‘‘(f)(1) Any officer subject to discharge under sub14 section (b), (d) or (e) who is not eligible for retirement

15 and to whom paragraph (2) of this subsection does not

16 apply, may, upon his request and in the discretion of the

17 Secretary of the Navy, be enlisted in the grade prescribed

18 by the Secretary.

19 ‘‘(2) If any officer subject to discharge under sub20 section (b) or (d) is, on the date on which he is to be

21 discharged, within two years of qualifying for retirement

22 under section 6323 of this title, he shall be retained on

23 active duty until he is qualified for retirement and shall

24 then be retired under that section, unless he is sooner re25 tired or discharged under another provision of law.’’;

26 (3) by striking out subsection (g);
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1 (4) by redesignating subsections (h), (i), and (j)

2 as subsections (g), (h), and (i) respectively; and

3 (5) in subsection (h) (as redesignated by para4 graph 4), by striking out ‘‘or the discharge under

5 subsection (d)’’ and inserting in lieu thereof ‘‘or the

6 discharge under subsection (b) or (d)’’.

7 SEC. 505. AUTHORITY FOR TEMPORARY PROMOTIONS OF

8 CERTAIN NAVY LIEUTENANTS.

9 Section 5721(f) of title 10, United States Code, is

10 repealed.

11 Subtitle B—Reserve Component Matters

12 SEC. 511. RESERVE FORCES POLICY BOARD AMENDMENTS.

13 (a) Section 175(a) of title 10, United States Code,

14 is amended—

15 (1) in paragraph (3), by striking out ‘‘an offi16 cer’’ and inserting in lieu thereof ‘‘a general officer’’;

17 (2) in paragraph (4)—

18 (A) by striking out ‘‘an officer’’ and insert19 ing in lieu thereof ‘‘a flag officer’’;

20 (B) by striking out ‘‘or’’ and inserting in

21 lieu thereof ‘‘and’’; and

22 (C) by inserting ‘‘a general officer of the’’

23 before ‘‘Regular Marine Corps’’;

24 (3) in paragraph (5), by striking out ‘‘an offi25 cer’’ and inserting in lieu thereof ‘‘a general officer’’;
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1 (4) in paragraph (6), by inserting ‘‘general’’

2 after ‘‘four reserve’’;

3 (5) in paragraph (7), by inserting ‘‘flag or gen4 eral’’ after ‘‘four reserve;

5 (6) in paragraph (8), by inserting ‘‘general’’

6 after ‘‘four reserve’’; and

7 (7) by adding at the end the following new

8 paragraph:

9 ‘‘(10) a regular flag or general officer of the

10 Joint Staff as designated by the Chairman of the

11 Joint Chiefs of Staff.’’.

12 (b) Section 175(b) of title 10, United States Code,

13 is amended by inserting ‘‘flag’’ after ‘‘two’’.

14 SEC. 512. AUTHORIZATION OF LIMITED SELECTED RE15 SERVE CALL-UP AUTHORITY AND EXPANSION

16 OF 90-DAY CALL UP PERIOD.

17 (a) REVISION OF AUTHORITY TO ORDER THE SE18 LECTED RESERVE TO ACTIVE DUTY TO AUGMENT ACTIVE

19 FORCES.—Section 673b(a) of title 10, United States

20 Code, is amended to read as follows:

21 ‘‘(a) Notwithstanding the provisions of section 673(a)

22 of any other provision of law, the President may authorize

23 the Secretary of Defense, and the Secretary of Transpor24 tation with respect to the Coast Guard when it is not oper25 ating as a service of the Navy, without the consent of the
27

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1 members concerned, to order any unit, and any member

2 not assigned to a unit organized to serve as a unit of the

3 Selected Reserve (as defined in section 268(b) of this

4 title), under their respective jurisdictions—

5 ‘‘(1) when the President determines it is nec6 essary to augment the active forces for any oper7 ational mission, to active duty (other than for train8 ing) for not more than a total of 180 days; or

9 ‘‘(2) when the President, or his designee, deter10 mines it necessary to order any unit, and member

11 not assigned to a unit organized to serve as a unit

12 of the Selected Reserve (as defined in section 268(b)

13 of this title) to active duty (other than for training)

14 for not more than a total of 90 days,’’.

15 (b) LIMITATION TO THE GENERAL CALL-UP AU16 THORITY TO 25,000.—Section 673b(c) of such title is

17 amended to read as follows:

18 ‘‘(c) Not more than 200,000 members of the Selected

19 Reserve may be on active duty at any one time under sub20 section (a)(1), and not more than 25,000 members of the

21 Selected Reserve may be on active duty at any one time

22 under subsection (a)(2).’’.

23 (c) REVISION TO PERIOD OF EXTENSION OF ACTIVE

24 DUTY.—Section 673b(i) of such title is amended—
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1 (1) by striking out ‘‘90 additional days’’ and in2 serting in lieu thereof ‘‘180 additional days’’; and

3 (2) in the first sentence, by striking out ‘‘is or4 dered to active duty under this section’’ and insert5 ing in lieu thereof ‘‘is ordered to active duty under

6 subsection (a)(1)’’.

7 (d) CONFORMING AMENDMENT.—Section 673b(f) of

8 such title is amended to read as follows: ‘‘Whenever the

9 President authorizes the Secretary of Defense or the Sec10 retary of Transportation to order any unit or member of

11 the Selected Reserve to active duty, under the authority

12 of subsection (a)(1), or when the President, or his des13 ignee, orders any unit or member of the Selected Reserve

14 to active duty, under the authority of subsection (a)(2),

15 the President, or his designee, as the case may be, shall

16 submit, within 24 hours after exercising such authority,

17 a report to Congress, in writing, setting forth the cir18 cumstances necessitating the action taken under this sec19 tion and describing the anticipated use of these units or

20 members.’’.

21 (e) CONFORMING AMENDMENT TO ENSURE APPLI22 CABILITY OF VETERAN’S REEMPLOYMENT RIGHTS TO RE23 SERVISTS WHO ENTER UPON ACTIVE DUTY UNDER SEC24 TION 673b AS REVISED.—Section 4304(b)(2) of title 38,

25 United States Code, is amended by inserting ‘‘, or his des-
29

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1 ignee,’’ after ‘‘the President’’ both times such phrase ap2 pears in the section.

3 SEC. 513. REPEAL OF OBSOLETE PROVISIONS PERTAINING

4 TO TRANSFER TO THE RETIRED RESERVE.

5 (a) Section 3914 of title 10, United States Code is

6 amended by striking out ‘‘A regular enlisted member’’ and

7 all that follows through the period at the end of the sec8 tion.

9 (b) Section 8914 of title 10, United States Code is

10 amended by striking out ‘‘A regular enlisted member’’ and

11 all that follows through the period at the end of the

12 section.

13 SEC. 514. GUARD AND RESERVE TRANSITION INITIATIVES.

14 Section 4416 of the National Defense Authorization

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

16 2315, 2714) is amended—

17 (1) by amending subsection (d) to read as fol18 lows:

19 ‘‘(d) ANNUAL PAYMENT PERIOD.—An annual pay20 ment granted to a member under this section shall be paid

21 for the number of years specified by the Secretary con22 cerned. Such number shall be one or more but not more

23 than five, except that the entitlement to the annual pay24 ment shall terminate on the member’s 60th birthday.’’;
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1 (2) in subsection (e), by adding at the end the

2 following new paragraph:

3 ‘‘(3) In the case of a member who will attain 60 years

4 of age during the 12 month period following the date on

5 which an annual payment is due, the payment shall be

6 paid on a prorated basis of one-twelfth of the annual pay7 ment for each full month between the date on which the

8 payment is due and the date on which the member attains

9 age 60.’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(i) COORDINATION WITH RETIRED PAY.—A mem13 ber who has received one or more annual payments under

14 this section shall, upon entitlement for retired pay under

15 chapter 67 of this title, have deducted from each payment

16 of such retired pay 50 percent of such pay until the total

17 amount deducted is equal to the total amount of annual

18 payments received.’’.

19 Subtitle C—Other Matters

20 SEC. 521. USE OF EXCHANGES AND MORALE, WELFARE AND

21 RECREATION FACILITIES BY CERTAIN RETIR22 EES.

23 Section 1065(a) of title 10, United States Code, is

24 amended by striking out the last sentence and inserting

25 in lieu thereof the following new sentences: ‘‘Such use by
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1 members of the Selected Reserve in good standing (as de2 termined by the Secretary concerned) and the dependents

3 of such members, shall be permitted on the same basis

4 as members on active duty. Such use by members of the

5 Retired Reserve who would be eligible for retired pay

6 under chapter 67 of this title but for the fact that the

7 members are under 60 years of age, and the dependents

8 of such members, shall be permitted on the same basis

9 as retirees from active duty military service.’’.

10 SEC. 522. OVERSEAS MILITARY END STRENGTHS.

11 Section 1302 of the National Defense Authorization

12 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

13 2315, 2545) is repealed.

14 TITLE VI—COMPENSATION AND OTHER

15 PERSONNEL BENEFITS

16 Subtitle A—Pay and Allowances

17 SEC. 601. MILITARY PAY RAISE FOR FISCAL YEAR 1995.

18 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—Any

19 adjustment required by section 1009 of title 37, United

20 States Code, in elements of compensation of members of

21 the uniformed services to become effective during fiscal

22 year 1995 shall not be made.

23 (b) INCREASE IN BASIC PAY, BAS, AND BAQ.—Ef24 fective on January 1, 1995, the rates of basic pay, basic

25 allowance for subsistence, and basic allowance for quarters
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1 of members of the uniformed services are increased by 1.6

2 percent.

3 SEC. 602. CALCULATION OF RETIRED PAY OF A COMMIS4 SIONED OFFICER OF THE ARMED FORCES

5 WHEN THE SECRETARY CONCERNED DETER6 MINES THE OFFICER DID NOT SERVE SATIS7 FACTORILY IN THE GRADE HELD AT RETIRE8 MENT.

9 Section 1401a(f) of title 10, United States Code, is

10 amended by striking out the third sentence and inserting

11 in lieu thereof the following: ‘‘However, in the case of a

12 member who, after initially becoming eligible for retired

13 pay—

14 ‘‘(1) is reduced in grade pursuant to a sentence

15 of a court-martial; or

16 ‘‘(2) is retired in a grade lower than the grade

17 held prior to retirement—

18 ‘‘(A) because the Secretary concerned did

19 not determine, under section 1370(a)(1) or sec20 tion 1371 of this title, that the member had

21 served satisfactorily in the higher grade; or

22 ‘‘(B) because, in accordance with section

23 1370(b) of this title, the member was retired in

24 a lower grade, as determined by the Secretary

25 concerned, because the member did not meet
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1 the service in grade requirements specified in

2 section 1370(d) of this title; or

3 ‘‘(3) is an officer of the Army, Navy, Air Force,

4 or Marine Corps who, prior to retirement, was serv5 ing in or had served in a position of importance and

6 responsibility designated by the President to carry

7 the grade of general, lieutenant general, admiral, or

8 vice admiral, and who does not consent to advance9 ment on the retired list to such grade; or

10 ‘‘(4) is administratively reduced in grade;

11 such computation may not be based on a grade higher

12 than the grade in which the member is retired.’’.

13 SEC. 603. EXPIRING AUTHORITIES.

14 (a) SELECTED RESERVE REENLISTMENT BONUS.—

15 Section 308b(f) of title 37, United States Code, is amend16 ed by striking out ‘‘September 30, 1995’’ and inserting

17 in lieu thereof ‘‘September 30, 1998’’.

18 (b) SELECTED RESERVE ENLISTMENT BONUS.—Sec19 tion 308c(e) of title 37, United States Code, is amended

20 by striking out ‘‘September 30, 1995’’ and inserting in

21 lieu thereof ‘‘September 30, 1998’’.

22 (c) SELECTED RESERVE AFFILIATION BONUS.—Sec23 tion 308e(e) of title 37, United States Code, is amended

24 by striking out ‘‘September 30, 1995’’ and inserting in

25 lieu thereof ‘‘September 30, 1998’’.
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1 (d) READY RESERVE ENLISTMENT AND REENLIST2 MENT BONUS.—Section 308h(g) of title 37, United States

3 Code, is amended by striking out ‘‘September 30, 1995’’

4 and inserting in lieu thereof ‘‘September 30, 1998’’.

5 (e) PRIOR SERVICE ENLISTMENT BONUS.—Section

6 308i(i) of title 37, United States Code, is amended by

7 striking out ‘‘September 30, 1995’’ and inserting in lieu

8 thereof ‘‘September 30, 1998’’.

9 (f) AVIATION OFFICER RETENTION BONUS.—Section

10 301b(a) of title 37, United States Code, is amended by

11 striking out ‘‘September 30, 1994’’ and inserting in lieu

12 thereof ‘‘September 30, 1998’’.

13 (g) REENLISTMENT BONUS FOR ACTIVE MEM14 BERS.—Section 308(g) of title 37, United States Code, is

15 amended by striking out ‘‘September 30, 1995’’ and in16 serting in lieu thereof ‘‘September 30, 1998’’.

17 (h) ENLISTMENT BONUSES FOR CRITICAL SKILLS.—

18 Sections 308a(c) and 308f(c) of title 37, United States

19 Code, is amended by striking out ‘‘September 30, 1995’’

20 and inserting in lieu thereof ‘‘September 30, 1998’’.

21 (i) SPECIAL PAY FOR ENLISTED MEMBERS OF THE

22 SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRI23 ORITY UNITS.—Section 308d(c) of title 37, United States

24 Code, is amended by striking out ‘‘September 30, 1995’’,

25 and inserting in lieu thereof ‘‘September 30, 1998’’.
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1 (j) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

2 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

3 RESERVE.—Section 2172(d) of title 10, United States

4 Code, is amended by striking out ‘‘October 1, 1995’’, and

5 inserting in lieu thereof ‘‘October 1, 1998’’.

6 (k) SPECIAL PAY FOR CRITICALLY SHORT WARTIME

7 HEALTH SPECIALISTS IN THE SELECTED RESERVES.—

8 Section 613(d) of the National Defense Authorization Act,

9 Fiscal Year 1989 (37 U.S.C. 302 note) is amended by

10 striking out ‘‘September 30, 1995’’ and inserting in lieu

11 thereof ‘‘September 30, 1998’’.

12 (l) SPECIAL PAY FOR NUCLEAR QUALIFIED OFFI13 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

14 312(e) of title 37, United States Code, is amended by

15 striking out ‘‘September 30, 1995’’ and inserting in lieu

16 thereof in each instance ‘‘September 30, 2000’’.

17 (m) NUCLEAR CAREER ACCESSION BONUS.—Section

18 312b(c) of title 37, United States Code, is amended by

19 striking out ‘‘September 30, 1995’’ and inserting in lieu

20 thereof in each instance ‘‘September 30, 2000’’.

21 (n) NUCLEAR CAREER ANNUAL INCENTIVE

22 BONUS.—Section 312c(d) of title 37, United States Code,

23 is amended by striking out ‘‘October 1, 1995’’ and insert24 ing in lieu thereof in each instance ‘‘October 1, 2000’’.
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1 Subtitle B—Retired Pay and Survivor

2 Benefits

3 SEC. 611. AUTHORITY FOR SURVIVORS OF UNIFORMED

4 SERVICE MEMBERS TO RECEIVE, UPON

5 DEATH OF MEMBER, PAYMENT FOR ALL

6 LEAVE ACCRUED, REGARDLESS OF SIXTY7 DAY LIMITATION.

8 Section 501 of title 37, United States Code, is

9 amended—

10 (1) in subsection (d)—

11 (A) by striking out ‘‘(1)’’ after ‘‘(d)’’;

12 (B) by striking out the third sentence and

13 inserting in lieu thereof ‘‘The limitations in the

14 second sentence of subsection (b)(3), subsection

15 (f), and the second sentence of subsection (g)

16 shall not apply with respect to a payment made

17 under this subsection.’’; and

18 (C) by striking out paragraph (2); and

19 (2) in subsection (f), by striking out ‘‘(d),’’ in

20 the first sentence.

21 SEC. 612. DISABILITY COVERAGE FOR OFFICER CAN22 DIDATES GRANTED EXCESS LEAVE.

23 (a) INCLUSION OF OFFICER CANDIDATES IN ELIGI24 BILITY FOR RETIRED PAY.—That portion of section 1201

25 of title 10, United States Code, which precedes paragraph
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1 (1) is amended to read as follows: ‘‘Upon a determination

2 by the Secretary concerned that a member of a regular

3 component of the armed forces entitled to basic pay; any

4 other member of the armed forces entitled to basic pay

5 who has been called or ordered to active duty (other than

6 for training under section 270(b) of this title) for a period

7 of more than 30 days; or a member of the armed forces

8 who is not entitled to basic pay because he is authorized

9 by the Secretary concerned under section 502(b) of title

10 37 to participate in a program leading to appointment,

11 designation, or assignment in an officer category, is unfit

12 to perform the duties of his office, grade, rank, or rating

13 because of physical disability incurred while entitled to

14 basic pay, or while not entitled to basic pay because he

15 is authorized by the Secretary concerned under section

16 502(b) of title 37 to participate in a program leading to

17 appointment, designation, or assignment in an officer cat18 egory, the Secretary concerned may retire the member,

19 with retired pay computed under section 1401 of this title,

20 if the Secretary concerned also determines that—’’

21 (b) INCLUSION OF OFFICER CANDIDATES IN ELIGI22 BILITY FOR ASSIGNMENT TO THE TEMPORARY DISABIL23 ITY RETIRED LIST.—Section 1202 of title 10, United

24 States Code, is amended to read as follows: ‘‘Upon a de25 termination by the Secretary concerned that a member of
38

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1 a regular component of the armed forces entitled to basic

2 pay; any other member of the armed forces entitled to

3 basic pay who has been called or ordered to active duty

4 (other than for training under section 270(b) of this title)

5 for a period of more than 30 days; or a member of the

6 armed forces who is not entitled to basic pay because he

7 is authorized by the Secretary concerned under section

8 502(b) of title 37 to participate in a program leading to

9 appointment, designation, or assignment in an officer cat10 egory, would be qualified for retirement under section

11 1201 of this title but for the fact that his disability is

12 not determined to be of a permanent nature, the Secretary

13 concerned shall, if he also determines that accepted medi14 cal principles indicate that the disability may be of a per15 manent nature, place the member’s name on the tem16 porary disability retired list, with retired pay computed

17 under section 1401 of this title.’’.

18 (c) INCLUSION OF OFFICER CANDIDATES IN ELIGI19 BILITY FOR DISABILITY SEPARATION PAY.—That portion

20 of section 1203 of title 10, United States Code, which pre21 cedes paragraph (1) is amended to read as follows: ‘‘Upon

22 a determination by the Secretary concerned that a member

23 of a regular component of the armed forces entitled to

24 basic pay; any other member of the armed forces entitled

25 to basic pay who has been called or ordered to active duty
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1 (other than for training under section 270(b) of this title)

2 for a period or more than 30 days; or a member of the

3 armed forces who is not entitled to basic pay because he

4 is authorized by the Secretary concerned under section

5 502(b) of title 37 to participate in a program leading to

6 appointment, designation, or assignment in an officer cat7 egory, is unfit to perform the duties of his office, rank

8 or rating because of physical disability incurred while enti9 tled to basic pay, or while not entitled to basic pay because

10 he is authorized by the Secretary concerned under section

11 502(b) or title 37 to participate in a program leading to

12 appointment, designation, or assignment in an officer cat13 egory, the member may be separated from his armed force

14 with severance pay computed under section 1212 of this

15 title, if the Secretary concerned also determines that—’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall be effective on the date of enactment and

18 shall apply to any physical disability that may be incurred

19 by a member who is not entitled to basic pay because he

20 is authorized by the Secretary concerned under section

21 502(b) of title 37, United States Code, to participate in

22 a program leading to the appointment, designation, or as23 signment in an officer category on and after such date.
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1 SEC. 613. FORFEITURE OF ANNUITY OR RETIRED PAY OF

2 MEMBERS CONVICTED OF ESPIONAGE.

3 Section 8312(b)(2)(A) of title 5, United States Code,

4 is amended to read as follows:

5 ‘‘(A) article 104 (aiding the enemy), article

6 106 (spies), or article 106a (espionage) of the

7 Uniform Code of Military Justice (Chapter 47

8 of title 10) or an earlier article on which article

9 104, article 106, or article 106a, as the case

10 may be, is based; or’’.

11 SEC. 614. CREDITING OF RESERVE SERVICE FOR COMPUTA12 TION OF RETIRED PAY.

13 (a) ARMY.—(1) Section 3925 of title 10, United

14 States Code, is amended—

15 (A) in subsection (a), by striking out ‘‘and of

16 computing his retired pay under section 3991 of this

17 title,’’; and

18 (B) by striking out subsection (c).

19 (2) Section 3991(a) of title 10, United States Code,

20 is amended by striking out ‘‘section 3925.’’ in column 2

21 of formula B of the table and inserting in lieu thereof

22 ‘‘section 1405.’’.

23 (3) Section 3992 of title 10, United States Code, is

24 amended by striking out ‘‘section 3925’’ in column 2 of

25 formula A of the table and inserting in lieu thereof ‘‘sec26 tion 1405’’.
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1 (b) NAVY AND MARINE CORPS.—Section 6333(a) of

2 title 10, United States Code, is amended by striking out

3 ‘‘his years of active service in the armed forces.’’ in column

4 2 of formula C of the table and inserting in lieu thereof

5 ‘‘the years of service that may be credited to the member

6 under section 1405.’’.

7 (c) AIR FORCE.—(1) Section 8925 of title 10, United

8 States Code, is amended—

9 (A) in subsection (a), by striking out ‘‘and of

10 computing his retired pay under section 8991 of this

11 title,’’; and

12 (B) by striking out subsection (c).

13 (2) Section 8991(a) of title 10, United States Code,

14 is amended by striking out ‘‘section 8925.’’ in column 2

15 of formula B of the table and inserting in lieu thereof

16 ‘‘section 1405.’’.

17 (3) Section 8992 of title 10, United States Code, is

18 amended by striking out ‘‘section 8925’’ in column 2 of

19 formula A of the table and inserting in lieu thereof ‘‘sec20 tion 1405’’.

21 (d) CONFORMING AMENDMENT.—Section 1405 of

22 such title is amended by adding at the end the following

23 new subsection:

24 ‘‘(c) EXCLUSION OF TIME REQUIRED TO BE MADE

25 UP.—Time required to be made up by an enlisted member
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1 of the Army or Air Force under section 972 of this title

2 may not be counted in determining years of service under

3 subsection (a).’’.

4 (e) EFFECTIVE DATE.—This section shall apply to

5 the computation of the retired or retainer pay of any en6 listed member who retires or is transferred to the Fleet

7 Reserve or the Fleet Marine Corps Reserve on or after

8 the effective date of this Act.

9 TITLE VII—HEALTH CARE PROVISIONS

10 Subtitle A—Health Care Management

11 SEC. 701. IMPROVING COORDINATION OF BENEFITS INFOR12 MATION BY SHARING HEALTH INSURANCE IN13 FORMATION FROM THE MEDICARE AND MED14 ICAID COVERAGE DATA BANK.

15 Section 1144 of the Social Security Act (42 U.S.C.

16 1320b–14) is amended—

17 (1) in the heading, by striking out ‘‘MEDICARE

18 AND MEDICIAD’’ and inserting in lieu thereof

19 ‘‘HEALTH CARE’’;

20 (2) in subsection (a)—

21 (A) by striking out ‘‘Medicare and Medic22 aid’’ and inserting in lieu thereof ‘‘Health

23 Care’’ in the matter preceding paragraph (1);

24 (B) by striking out ‘‘and’’ at the end of

25 paragraph (1);
43

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1 (C) by striking out the period at the end

2 of paragraph (2) and inserting in lieu thereof ‘‘,

3 and’’; and

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

5 paragraph:

6 ‘‘(3) assist in the identification of, and collec7 tion from, third parties responsible for payment of

8 health care items and services furnished to uni9 formed services beneficiaries under chapter 55 of

10 title 10, United States Code.’’; and

11 (3) in subsection (b)(2)(B), by inserting ‘‘to the

12 Secretary of Defense, the Secretary of the depart13 ment in which the Coast Guard is operating when

14 the Coast Guard is not operating as a service of the

15 Navy, and’’ after ‘‘Data Bank’’.

16 SEC. 702. EXPANDED USE OF PARTNERSHIP AND RE17 SOURCE SHARING PROGRAMS FOR IM18 PROVED COST-EFFECTIVENESS.

19 Section 1096 of title 10, United States Code, is

20 amended by inserting at the end the following new sub21 section:

22 ‘‘(d) If necessary to implement an agreement under

23 subsection (a) under which uniformed services personnel

24 assigned to a facility of the uniformed services provide

25 health care services at a civilian care facility, the Secretary
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1 of Defense is authorized to reimburse uniformed services

2 personnel for any professional license fee required by the

3 governmental jurisdiction in which the civilian health care

4 facility is located. The amount of such reimbursement may

5 not exceed $500.’’.

6 SEC. 703. IMPROVEMENT OF UNIFORMED SERVICES TREAT7 MENT FACILITIES PROGRAM.

8 Section 1252(e) of the Department of Defense Au9 thorization Act, 1984 (42 U.S.C. 248d(e)) is amended by

10 striking out the period after ‘‘December 31, 1996’’ and

11 inserting in lieu thereof ‘‘, except that, upon assumption

12 of lead agent responsibility in the surrounding geographic

13 region by a military service, and the subsequent develop14 ment of an exclusive provider network, such facility will

15 be eligible for inclusion in such a network provided that

16 mutually agreed upon terms can be negotiated. In any

17 event, the status of the facility will terminate at the begin18 ning of the next fiscal year.’’.

19 SEC. 704. AUTHORITY TO CONDUCT HEALTH CARE SUR20 VEYS OF FAMILIES OF RETIRED MEMBERS.

21 Section 724 of the National Defense Authorization

22 Act for the Fiscal Year 1993 (Public Law 102–484, 106

23 Stat. 2315, 2440) is amended by adding at the end the

24 following new subsection:
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1 ‘‘(c) Persons surveyed pursuant to subsection (a)

2 shall be considered to be employees of the United States

3 for purposes of section 3502(4)(A) of title 44, United

4 States Code.’’.

5 SEC. 705. EFFECTIVE DATE.

6 The amendments made by this subtitle are effective

7 upon enactment of this Act.

8 Subtitle B—Personnel Matters

9 SEC. 711. INCREASE IN INCENTIVE SPECIAL PAY FOR CER10 TIFIED REGISTERED NURSE ANESTHETISTS.

11 Section 302e(a)(1) of title 37, United States Code,

12 is amended by striking out ‘‘$6,000’’ and inserting in lieu

13 thereof ‘‘$15,000’’.

14 SEC. 712. AUTHORITY FOR NURSE ACCESSION BONUSES,

15 INCENTIVE SPECIAL PAY FOR NURSE ANES16 THETISTS, AND NURSE OFFICER CANDIDATE

17 ACCESSION BONUS.

18 (a) Section 2130a(a)(1) of title 10, United States

19 Code, is amended by striking out ‘‘1995,’’ and inserting

20 in lieu thereof ‘‘1998,’’.

21 (b) Section 302d of title 37, United States Code, is

22 amended by striking out ‘‘1995,’’ and inserting in lieu

23 thereof ‘‘1998,’’.
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1 (c) Section 302e of title 37, United States Code, is

2 amended by striking out ‘‘1995,’’ and inserting in lieu

3 thereof ‘‘1998,’’.

4 SEC. 713. REDUCTION IN THE MAXIMUM NUMBER OF YEARS

5 FOR A MILITARY MEMBER TO BE MAIN6 TAINED ON THE TEMPORARY DISABILITY RE7 TIRED LIST.

8 (a) IN GENERAL.—Section 1210 of title 10, United

9 States Code, is amended—

10 (1) in subsection (b), by striking out ‘‘five’’ and

11 inserting in lieu thereof ‘‘three’’; and

12 (2) in subsection (h), by striking out ‘‘five’’ and

13 inserting in lieu thereof ‘‘three’’.

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

15 subsection (a) shall take effect for all military members

16 placed on the temporary disability retired list on or after

17 the date of enactment of this Act.

18 Subtitle C—Other Matters

19 SEC. 721. REVISION OF DEFINITION OF DEPENDENTS FOR

20 PURPOSES OF HEALTH BENEFITS.

21 (a) EXPANSION OF DEFINITION.—Section

22 1072(a)(I)(i) of title 10, United States Code, is amended

23 by inserting ‘‘is placed in the home of the member or

24 former member by a placement agency for the purpose of

25 adoption or’’ before ‘‘is placed in the legal custody’’.
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1 (b) CONFORMING AMENDMENT.—Section 1079(a) of

2 title 10, United States Code, is amended by striking out

3 ‘‘spouses and children’’ in the first sentence and inserting

4 in lieu thereof ‘‘spouses, children and dependents covered

5 by subparagraph (I) of section 1072(2) of this title’’.

6 SEC. 722. REPEAL OF THE STATUTORY RESTRICTION ON

7 USE OF FUNDS FOR ABORTIONS.

8 (a) IN GENERAL.—Section 1093 of title 10, United

9 States Code, is repealed.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of Chapter 55, United States Code, is

12 amended by striking out the item referring to section

13 1093.

14 (c) EFFECTIVE DATE.—The amendment made by

15 this section shall be effective October 1, 1994.

16 SEC. 723. AUTHORIZATION FOR MEDICAL AND DENTAL

17 CARE OF ABUSED DEPENDENTS OF CERTAIN

18 MEMBERS OF THE UNIFORMED SERVICES.

19 Section 1076(e)(1)(A) of title 10, United States

20 Code, is amended—

21 (1) by inserting ‘‘, or is administratively dis22 charged from a uniformed service as a result of,’’

23 after ‘‘court-martial conviction for’’; and

24 (2) by inserting ‘‘, under either military or civil

25 law,’’ after ‘‘an offense’’.
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1 TITLE VIII—DEPARTMENT OF DEFENSE

2 ORGANIZATION AND MANAGEMENT

3 Subtitle A—Department of Defense

4 SEC. 801. ORDER OF SUCCESSION IN MILITARY DEPART5 MENTS.

6 Title 10, United States Code, is amended—

7 (1) by striking out section 3017(2) and insert8 ing in lieu thereof the following new subsection:

9 ‘‘(2) The Assistant Secretaries of the Army and

10 the General Counsel of the Department of the Army,

11 in the order fixed by their length of service as per12 manent appointees in such positions.’’;

13 (2) by striking out section 5017(2) and insert14 ing in lieu thereof the following new subsection:

15 ‘‘(2) The Assistant Secretaries of the Navy and

16 the General Counsel of the Department of the Navy,

17 in the order fixed by their length of service as per18 manent appointees in such positions.’’; and

19 (3) by striking out section 8017(2) and insert20 ing in lieu thereof the following new subsection:

21 ‘‘(2) The Assistant Secretaries of the Air Force

22 and the General Counsel of the Department of the

23 Air Force, in the order fixed by their length of serv24 ice as permanent appointees in such positions.’’.
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1 SEC. 802. AUTHORITY TO PREPARE THE OFFICIAL TABLE

2 OF DISTANCES.

3 Section 404(d)(1)(A) of title 37, United States Code,

4 is amended by striking out ‘‘Secretary of the Army.’’ and

5 inserting in lieu thereof ‘‘Secretary of Defense.’’.

6 SEC. 803. AUTHORITY TO CONDUCT A PROGRAM TO COM7 MEMORATE WORLD WAR II.

8 Sections 378(a) and 378(b) of the National Defense

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

10 484; 106 Stat. 2315, 2387) are each amended by striking

11 out ‘‘1995’’ and inserting in lieu thereof in each instance

12 ‘‘1996’’.

13 SEC. 804. AUTHORITY FOR THE DEPARTMENT OF DEFENSE

14 TO SHARE EQUITABLY THE COSTS OF CLAIMS

15 UNDER INTERNATIONAL ARMAMENTS CO16 OPERATION PROGRAMS.

17 Section 843(c) of the National Defense Authorization

18 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

19 2315, 2469) is repealed.

20 SEC. 805. CHANGE OF TITLE OF DEPUTY UNDER SEC21 RETARY OF DEFENSE FOR ACQUISITION AND

22 TECHNOLOGY TO PRINCIPAL DEPUTY UNDER

23 SECRETARY OF DEFENSE FOR ACQUISITION

24 AND TECHNOLOGY.

25 (a) IN GENERAL.—(1) Section 133a of title 10, Unit26 ed States Code, is amended by striking out ‘‘Deputy
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1 Under Secretary of Defense for Acquisition and Tech2 nology’’ each place such phrase appears and inserting in

3 lieu thereof in each instance ‘‘Principal Deputy Under

4 Secretary of Defense for Acquisition and Technology’’.

5 (2) The heading for section 133a of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘§ 133a. Principal Deputy Under Secretary of Defense

8 for Acquisition and Technology’’.

9 (3) The item relating to section 133a in the table of

10 sections at the beginning of chapter 4 of title 10, United

11 States Code, is amended to read as follows:

‘‘133a. Principal Deputy Under Secretary of Defense for Acquisition and Technology.’’.

12 (b) CONFORMING AMENDMENTS TO TITLE 10,

13 UNITED STATES CODE.—Section 171(a)(8) of title 10,

14 United States Code, is amended by striking out ‘‘Deputy

15 Under Secretary of Defense for Acquisition and Tech16 nology’’ and inserting in lieu thereof ‘‘Principal Deputy

17 Under Secretary of Defense for Acquisition and Tech18 nology’’.

19 (c) CONFORMING AMENDMENTS TO TITLE 5,

20 UNITED STATES CODE.—Section 5314 of such title is

21 amended by striking out ‘‘Deputy Under Secretary of De22 fense for Acquisition and Technology’’ and inserting in

23 lieu thereof ‘‘Principal Deputy Under Secretary of De24 fense for Acquisition and Technology’’.
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1 (d) REFERENCES IN OTHER LAWS.—Any reference

2 to the Deputy Under Secretary of Defense for Acquisition

3 in any provision of law other than title 10, United States

4 Code, or in any rule, regulation, or other paper of the

5 United States shall be treated as referring to the Principal

6 Deputy Under Secretary of Defense for Acquisition and

7 Technology.

8 SEC. 806. CHANGE OF TITLE OF DEPUTY UNDER SEC9 RETARY OF DEFENSE FOR POLICY TO PRIN10 CIPAL DEPUTY UNDER SECRETARY FOR POL11 ICY.

12 (a) IN GENERAL.—(1) Chapter 4, section 134a of

13 title 10, United States Code, is amended by inserting the

14 word ‘‘Principal’’ before ‘‘Deputy Under Secretary of De15 fense for Policy’’ each place such phrase appears.

16 (2) The heading for section 134a of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘§ 134a. Principal Deputy Under Secretary of Defense

19 for Policy’’.

20 (3) The item relating to section 134a in the table of

21 sections at the beginning of chapter 4 of title 10, United

22 States Code, is amended to read as follows:

‘‘134a. Principal Deputy Under Secretary of Defense for Policy.’’.

23 (b) CONFORMING AMENDMENTS TO TITLE 5,

24 United States Code.—Chapter 53, subchapter II, section

25 5315 of title 5, United States Code, is amended by insert-
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1 ing the terms ‘‘Principal’’ before ‘‘Deputy Under Sec2 retary of Defense for Policy’’.

3 (c) REFERENCES IN OTHER LAWS.—Any reference

4 to the Deputy Under Secretary for Defense for Policy in

5 any provision of law other than title 10, United States

6 Code, or in any rule, regulation, or other paper of the

7 United States shall be treated as referring to the Principal

8 Deputy Under Secretary of Defense for Policy.

9 SEC. 807. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT

10 OF DEFENSE.

11 (A) REPEAL OF PROVISION PROVIDING THAT COMP12 TROLLER IS CHIEF FINANCIAL OFFICER.—Section

13 135(b) of title 10, United States Code, is amended by—

14 (1) striking out the first sentence; and

15 (2) striking out ‘‘additional’’ in the second sen16 tence.

17 (b) CONFORMING AMENDMENT TO TITLE 5, UNITED

18 STATES CODE.—Section 5315 of title 5, United States

19 Code, is amended by inserting after the item relating to

20 the Chief Financial Officer, Department of Commerce, the

21 following item:

22 ‘‘Chief Financial Officer, Department of De23 fense.’’.
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1 SEC. 808. CHANGE OF TITLE OF COMPTROLLER OF THE DE2 PARTMENT OF DEFENSE TO UNDER SEC3 RETARY OF DEFENSE (COMPTROLLER).

4 (a) IN GENERAL.—(1) Chapter 4, section 135 of title

5 10, United States Code, is amended by striking out

6 ‘‘Comptroller of the Department of Defense’’ and ‘‘Comp7 troller’’ each place such phrase and word, respectively, ap8 pears and inserting in lieu thereof in each instance ‘‘Under

9 Secretary of Defense (Comptroller)’’.

10 (2) The heading for section 135 of title 10, United

11 States Code, is amended to read as follows:

12 § 135. Under Secretary of Defense (Comptroller)’’.

13 (3) The item relating to section 135 in the table of

14 sections at the beginning of chapter 4 of title 10, United

15 States Code, is amended to read as follows:

‘‘135. Under Secretary of Defense (Comptroller)’’.

16 (b) CONFORMING AMENDMENTS TO TITLE 10,

17 UNITED STATES CODE.—Chapter 4, sections 131(b)(6)

18 and 138(d) of title 10, United States Code, are amended

19 by striking out ‘‘Comptroller of the Department of De20 fense’’ and ‘‘Comptroller’’ each place such phrase and

21 word, respectively, appears and inserting in lieu thereof

22 in each instance ‘‘Under Secretary of Defense (Comptrol23 ler)’’.

24 (c) CONFORMING AMENDMENTS TO TITLE 5,

25 UNITED STATES CODE.—Chapter 53, subchapter II, sec-
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1 tion 5314 of title 5, United States Code, is amended by

2 striking out ‘‘Comptroller of the Department of Defense’’

3 and inserting in lieu thereof ‘‘Under Secretary of Defense

4 (Comptroller)’’.

5 (d) REFERENCES IN OTHER LAWS.—Any reference

6 to the Comptroller of the Department of Defense in any

7 provision of law other than title 10, United States Code,

8 or in any rule, regulation, or other paper of the United

9 States shall be treated as referring to the Under Secretary

10 of Defense (Comptroller).

11 Subtitle B—Professional Military Education

12 SEC. 811. AUTHORITY TO HIRE CIVILIAN FACULTY MEM13 BERS FOR THE INFORMATION RESOURCES

14 MANAGEMENT COLLEGE, NATIONAL DE15 FENSE UNIVERSITY.

16 Section 1595(d) of title 10, United States Code, is

17 amended by inserting ‘‘the Information Resources Man18 agement College,’’ after ‘‘the Institute for National Strate19 gic Study,’’.
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1 Subtitle C—Education Matters

2 SEC. 821. DEFENSE DEPARTMENT OVERSEAS THE TEACH3 ERS PAY AND PERSONNEL PRACTICES ACT

4 AMENDMENTS.

5 The Defense Department Overseas Teachers Pay and

6 Personnel Practices Act (Public Law 86–91, 73 Stat. 213)

7 is amended—

8 (1) in section 2 (20 U.S.C. 901)—

9 (A) at the end of paragraph (1)(A) (20

10 U.S.C. 901(1)(A)), by inserting ‘‘or are per11 formed by the incumbent of such other posi12 tions, located outside the United States and di13 rectly involved with such schools, as the Sec14 retary shall identify, and’’ after ‘‘Department of

15 Defense,’’; and

16 (B) by amending paragraph (2)(C) (20

17 U.S.C. 901(2)(C)) to read as follows:

18 ‘‘(C) who is employed in a position de19 scribed in paragraph (1), above.’’;

20 (2) in section 5 (20 U.S.C. 903)—

21 (A) in subsection (a) (20 U.S.C. 903(a)),

22 by striking out ‘‘secretary of each military de23 partment in the Department’’ and inserting in

24 lieu thereof ‘‘Secretary’’;
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1 (B) in subsection (b) (20 U.S.C. 903(b)),

2 by striking out ‘‘the secretary of each military

3 department’’ and inserting in lieu thereof ‘‘the

4 Secretary of Defense’’;

5 (C) in subsection (b)(1) (20 U.S.C.

6 903(b)(1)), by striking out ‘‘in his military de7 partment’’ and inserting in lieu thereof ‘‘to

8 which the Secretary shall determine such para9 graph is applicable’’;

10 (D) in subsection (c) (20 U.S.C. 903(c)),

11 by striking out ‘‘of each military department’’

12 and ‘‘in his military department’’; and

13 (E) in subsection (d) (20 U.S.C. 903(d)),

14 by striking out ‘‘of each military department’’;

15 and

16 (3) in section 6 (20 U.S.C. 904)—

17 (A) in subsection (a) (20 U.S.C. 904(a)),

18 by inserting ‘‘or, if such teacher is employed in

19 a supervisory or above-school level position, up

20 to thirteen’’ after ‘‘be entitled to ten’’ and be21 fore ‘‘days of cumulative leave with pay’’; and

22 (B) in subsection (d) (20 U.S.C. 904(d)),

23 by striking ‘‘of the military department con24 cerned’’.
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1 SEC. 822. ADJUSTMENT OF PAY OF CERTAIN OVERSEAS

2 EDUCATORS.

3 Section 5334(d) of title 5, United States Code, is

4 amended by inserting ‘‘such amount as may be authorized,

5 if any, under regulations issued by the Secretary of De6 fense, up to’’ between ‘‘by’’ and ‘‘20 percent’’.

7 SEC. 823. REAUTHORIZATION OF UNITED STATES DEPART8 MENT OF DEFENSE DOMESTIC ELEMENTARY

9 AND SECONDARY SCHOOLS FOR DEPEND10 ENTS.

11 (a) CONTINUED AUTHORITY TO PROVIDE FOR THE

12 EDUCATION OF DEPENDENTS OF ARMED FORCES PER13 SONNEL WHEN LOCAL AGENCIES ARE UNABLE TO PRO14 VIDE ADEQUATE SERVICES (FORMER ‘‘SECTION 6

15 SCHOOLS’’).—Chapter 108 of title 10, United States

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

17 section:

18 ‘‘§ 2163. United States Department of Defense domes19 tic dependent elementary and secondary

20 schools

21 ‘‘(a) Upon a determination by the Secretary of De22 fense that appropriate educational programs are not avail23 able through local educational agencies in the United

24 States (including its territories and possessions) for de25 pendents of federally employed civilian personnel and

26 members of the armed forces residing on Department of
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1 Defense installations, the Secretary of Defense may pro2 vide for the elementary and secondary education of such

3 dependents and, under the circumstances described in sub4 section (c), for certain dependents of Federal employees.

5 ‘‘(b) In making the determination required by sub6 section (a), the Secretary of Defense shall consider, among

7 other relevant factors—

8 ‘‘(1) whether such dependents are eligible for

9 free public education in the local area of the Depart10 ment of Defense installation; and

11 ‘‘(2) whether the local educational agency is

12 able to provide a suitable educational program for

13 such dependents. A suitable educational program, as

14 determined by the Secretary of Defense, is a pro15 gram comparable to a program of free public edu16 cation provided for children in similar communities

17 in the State, or adjacent States when the installation

18 is adjacent to or in more than one State, or, in the

19 case of such dependents who are in the territories or

20 possessions of the United States, is a program of

21 education, in the English language, comparable to

22 free public education provided for children in the

23 District of Columbia.

24 ‘‘(c) When the Secretary of Defense—
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1 ‘‘(1) determines, under subsection (b) that a

2 suitable program of education is not available for de3 pendents of members of the armed forces who are

4 stationed on an installation in a territory or posses5 sion of the United States; and

6 ‘‘(2) institutes a program of education under

7 the provisions of this section, dependents of Federal

8 employees who are stationed at such installation

9 during the school year may be enrolled in the pro10 gram of education provided by the Secretary of De11 fense. Dependents of Federal employees who are en12 rolled in a program of education under this section

13 and who are not living on the Department of De14 fense installation may be so enrolled for no more

15 than five consecutive school years, unless the Sec16 retary of Defense determines, for good cause, that

17 the enrollment of such dependent child of a civilian

18 employee should be extended. Extensions may be

19 made for one school year at a time. The Secretary

20 of Defense shall consider the educational well being

21 of the child in making the good cause determination

22 for extension. The five-year limitation for education

23 under this section shall commence with the child’s

24 enrollment in a Department of Defense school,

25 whether under the authority of this section or its
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1 precedent authority. Upon enrollment in a school au2 thorized under this section, the dependent child may

3 continue in the school for the remainder of the

4 school year, unless removed for good cause, notwith5 standing a change in the status of the dependent’s

6 sponsor.

7 ‘‘(d) The Secretary of Defense shall provide for the

8 formation of an elected school board for each installation

9 where a Department of Defense elementary or secondary

10 school is located. Such school board shall be composed of

11 a minimum of three members, elected by the parents of

12 students in attendance at such school. The Secretary, by

13 regulation, shall establish procedures for carrying out such

14 school board elections as provided in this subsection. Each

15 school board shall conduct its formal meetings so that they

16 are open to the public. The elected school board authorized

17 under this section is considered a local civil group with

18 a function of rendering a public service of providing coun19 sel through oversight of school expenditures and oper20 ations, subject to audit procedures established by the Sec21 retary of Defense. Such boards need not comply with the

22 Federal Advisory Committee Act (5 U.S.C. Appendix

23 (1988)), but may close meetings in accordance with such

24 Act.
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1 ‘‘(e) The Secretary of Defense may enter into such

2 arrangements as may be necessary to provide for the pro3 grams of education authorized under this section. The

4 Secretary of Defense may, without regard to the provi5 sions of any other law relating to the number, classifica6 tion, or compensation of employees—

7 ‘‘(1) establish such positions for civilian employ8 ees in schools established under the provisions of

9 this section;

10 ‘‘(2) appoint individuals to such positions; and

11 ‘‘(3) fix the compensation of such individuals

12 for service in such positions. In fixing the compensa13 tion of employees appointed by the Secretary of De14 fense under this subsection, the Secretary of Defense

15 shall consider the compensation of comparable em16 ployees of the local educational agency in the capital

17 of the State where the installation is located, in the

18 local educational agency that provides public edu19 cation to students who live adjacent to the installa20 tion involved, or the average compensation for simi21 lar positions in up to three other local educational

22 agencies, as determined by the Secretary of Defense,

23 in the State in which the installation is located. In

24 determining the compensation for employees in

25 schools established under this section, or its prece-
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1 dent authority in the United States, the Secretary of

2 Defense shall consider the compensation for com3 parable employees in the public schools of the Dis4 trict of Columbia. For employees in such schools in

5 the territories of the United States, the Secretary of

6 Defense also may arrange for the tenure, leave,

7 hours of work, and other incidents of employment,

8 without regard to the relevant provisions in title 5,

9 United States Code, for such activities, on a similar

10 basis as is provided for comparable positions in the

11 public schools of the District of Columbia.

12 ‘‘(f) When the Secretary of Defense provides edu13 cational services to the dependent child or children of the

14 personnel of another Federal agency, upon the request of

15 the Secretary of Defense, the Secretary of the other Fed16 eral agency shall reimburse the Secretary of Defense for

17 such educational services at rate routinely prescribed for

18 such services by the Secretary of Defense. Any payments

19 received by the Secretary of Defense under this section

20 shall be credited to the account designated for the oper21 ations of the programs of education authorized under this

22 section.’’.
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1 (b) The table of sections for such Chapter is amended

2 by inserting after the item relating to section 2162 the

3 following new item:

‘‘2163. United States Department of Defense dependent elementary and secondary schools.’’.

4 Subtitle D—Other Matters

5 SEC. 831. CLARIFICATION AND EXPANSION OF AUTHORITY

6 OF THE DEPARTMENT OF DEFENSE TO RE7 CEIVE VOLUNTARY SERVICES.

8 (a) VOLUNTARY SERVICES.—Section 1588(a) of title

9 10, United States Code, is amended to read as follows:

10 ‘‘(a) Notwithstanding section 1342 of title 31, the

11 Secretary concerned may accept from any person—

12 ‘‘(1) voluntary medical, dental, nursing, and re13 lated health services;

14 ‘‘(2) voluntary services to be provided for a mu15 seum or natural resources program; or

16 ‘‘(3) voluntary services to be provided for a pro17 gram that provides services to members of the

18 armed forces, and their families, including but not

19 limited to family support programs; morale, welfare,

20 and recreation programs; child development and

21 youth services programs; library and educational

22 programs; religious programs; housing referral pro23 grams; and spouse employment assistance pro24 grams.’’.
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1 (b) STATUS OF VOLUNTEERS.—Section 1588(b) of

2 title 10, United States Code, is amended to read as fol3 lows:

4 ‘‘(b)(1) A person providing voluntary services under

5 subsection (a) or participating in a training program

6 under subsection (d) shall, except as provided in para7 graph (2), be considered to be a Federal employee for the

8 purposes of—

9 ‘‘(A) subchapter I of chapter 81 of title 5, relat10 ing to compensation for work-related injuries;

11 ‘‘(B) chapter 171 of title 28 and section 2733

12 of this title, relating to tort claims;

13 ‘‘(C) section 552a of title 5, relating to the dis14 closure of records; and

15 ‘‘(D) chapter 11 of title 18, relating to conflicts

16 of interest,

17 as if the person were a special government employee.

18 ‘‘(2) A person providing voluntary services under sub19 section (a) to a nonappropriated fund instrumentality

20 shall be considered an employee of the instrumentality for

21 the purposes of subchapter II of chapter 81 of title 5,

22 United States Code, relating to compensation for work23 related injuries.

24 ‘‘(3) Compensation received by a volunteer under

25 chapter 81 of title 5, shall be based on the minimum wage
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1 rate established under section 206(a)(1) of title 29, United

2 States Code.

3 ‘‘(4) A person providing voluntary services under sub4 section (a) to a nonappropriated fund instrumentality

5 shall be considered an employee of the instrumentality for

6 the purposes of chapter 171 of title 28 and section 2733

7 of this title, relating to tort claims.

8 ‘‘(5) A person who provides voluntary services under

9 subsection (a) and is not otherwise employed by the Fed10 eral Government including a nonappropriated fund instru11 mentality shall not be considered a Federal employee in12 cluding a nonappropriated fund employee for any other

13 purpose by reason of the provision of such services.’’.

14 (c) REIMBURSEMENT FOR INCIDENTAL EXPENSES.—

15 Section 1588(c) of title 10, United States Code, is

16 amended by striking out ‘‘as an ombudsman or for a fam17 ily service center program’’ before the period in the first

18 sentence.

19 (d) TRAINING AND SUPERVISION; DEFENSE AGEN20 CIES.—Section 1588 of title 10, United States Code, is

21 amended by adding at the end the following new sub22 sections:

23 ‘‘(d) The Secretary concerned may recruit and train

24 volunteers for programs authorized by subsection (a).
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1 ‘‘(e) A volunteer whose services are accepted under

2 subsection (a) shall—

3 ‘‘(1) not be placed in a policy-making position;

4 ‘‘(2) be supervised to the same extent as com5 pensated employees performing similar services;

6 ‘‘(3) not receive compensation for the services

7 provided;

8 ‘‘(4) not be considered a Federal employee

9 under subsection (b) unless performing services

10 within the scope of the agency authorization to per11 form volunteer services; and

12 ‘‘(5) be licensed, credentialed, privileged, and

13 qualified as required by law and regulations applica14 ble to the functional area in which the volunteer pro15 vides services.’’.

16 (e) CONFORMING AMENDMENT.—Section 8171(a) of

17 title 5, United States Code, is amended by inserting’’, or

18 a volunteer providing services under section 1588 of title

19 10 to such an instrumentality’’ after ‘‘described by section

20 2105(c) of this title’’.

21 SEC. 832. REPEAL OF PROHIBITION OF CONTRACTING FOR

22 FIREFIGHTING AND SECURITY GUARD FUNC23 TIONS AT MILITARY FACILITIES.

24 Section 2465 of title 10, United States Code, is re25 pealed.
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1 SEC. 833. STATUTE OF LIMITATIONS FOR CLAIMS UNDER

2 THE FAIR LABOR STANDARDS ACT.

3 (a) Section 7122(b) of title 5, United States Code,

4 is amended by adding at the end the following new sen5 tence: ‘‘Payment of back pay is limited by the applicable

6 statute of limitations found in the basis for the claim.’’.

7 (b) Section 3702(b)(1) of title 31, United States

8 Code, is amended—

9 (1) in subparagraph (A), by striking out ‘‘or’’

10 at the end;

11 (2) in subparagraph (B), by striking out the pe12 riod at the end and inserting in lieu thereof ‘‘; or’’;

13 and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(C) a claim for unpaid minimum wages,

17 unpaid overtime compensation or liquidated

18 damages under the Fair Labor Standards Act

19 of 1938 as amended, must be received within

20 two years after the claim accrues or be forever

21 barred.’’.
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1 TITLE IX—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 901. EXEMPTION OF CERTAIN ROUTINE ADJUSTMENTS

4 OF PAY FROM DUE PROCESS PROVISIONS.

5 Section 5514(a) of title 5, United States Code, is

6 amended—

7 (1) by redesignating paragraphs (3) and (4) as

8 paragraphs (4) and (5) respectively; and

9 (2) by inserting after paragraph (2) the follow10 ing new paragraph:

11 ‘‘(3) The provisions of subparagraph (2) of this sub12 section (a) do not apply to routine intra-agency adjust13 ments of pay that are attributable to clerical or adminis14 trative errors or delays in processing pay documents that

15 have occurred within the four pay periods preceding the

16 adjustment or to any adjustment that amounts to fifty

17 dollars or less, provided that at the time of such adjust18 ment, or as soon thereafter as practical, the individual is

19 provided written notice of the nature and the amount of

20 the adjustment and a point of contact for questioning or

21 contesting such adjustment.’’.
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1 SEC. 902. CONTRACT DISPUTES ACT AMENDMENT RELAT2 ING TO PAYMENT OF INTEREST OF CONTRAC3 TOR CLAIMS.

4 Section 12 of the Contract Disputes Act of 1978 (41

5 U.S.C. 611) is amended by striking out the first sentence

6 and inserting in lieu thereof the following new sentence:

7 ‘‘The Government shall pay interest on a contractor’s

8 claim on the amount found due and unpaid from (a) the

9 date the contracting officer receives the claim pursuant

10 to sections 605(a) and 605(c)(1) of this title or (b) the

11 date the contractor incurred the cost, whichever is later,

12 until the date of payment. The contractor shall delineate

13 the actual dollars expended due to the causes alleged.’’.

14 Subtitle B—Civilian Employee Pay Matters

15 SEC. 911. EXPIRING AUTHORITIES.

16 (a) REDUCTION IN FORCE NOTIFICATION REQUIRE17 MENTS.—Section 4433(b)(2) of the National Defense Au18 thorization Act for Fiscal Year 1993 (Public Law 102–

19 484; 106 Stat. 2315, 2721) is amended by striking out

20 ‘‘February 1, 1998’’ and inserting in lieu thereof ‘‘Feb21 ruary 1, 2000’’.

22 (b) SEPARATION PAY.—Section 5597(e) of title 5,

23 United States Code, is amended by striking out ‘‘Septem24 ber 30, 1997’’ and inserting in lieu thereof ‘‘September

25 30, 1999’’.
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1 (c) Section 4436(b) of Public Law 102–484 is

2 amended in subsection (2)(d)(2) by striking out ‘‘January

3 1, 1998’’ and inserting in lieu thereof’’ January 1, 2000’’.

4 (d) RESTORATION OF CERTAIN LEAVE.—Section

5 6304(d) of title 5, United States Code, is amended by in6 serting after ‘‘December 31, 1997,’’ the following: ‘‘or in

7 accordance with section 2687 of title 10, United States

8 Code, or any other similar law’’.

9 (e) CONTINUED HEALTH BENEFITS.—Section

10 8905a(d)(4)(B) of title 5, United States Code, is amend11 ed—

12 (1) in subsections (i) and (ii), by striking out

13 ‘‘October 1, 1997’’ and inserting in lieu thereof ‘‘Oc14 tober 1, 1999’’; and

15 (2) in subsection (ii) by striking out ‘‘February

16 1, 1998’’ and inserting in lieu thereof ‘‘February 1,

17 2000’’.

18 SEC. 912. TRAVEL, TRANSPORTATION, AND RELOCATION

19 EXPENSES OF EMPLOYEES TRANSFERRED

20 FROM THE DEPARTMENT OF DEFENSE TO

21 THE POSTAL SERVICE.

22 (a) IN GENERAL.—Chapter 57 of title 5, United

23 States Code, is amended—

24 (1) by adding at the end thereof the following

25 new section:
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1 ‘‘§ 5735. Travel, transportation, and relocation ex2 penses of employees transferred from the

3 Department of Defense to the Postal

4 Service

5 ‘‘Notwithstanding the provisions of any other law,

6 employees of the Department of Defense who are sched7 uled for separation, not for cause, and who are selected

8 for a permanent position with the Postal Service may be

9 authorized travel, transportation, and relocation expenses

10 and allowances under the same conditions and to the same

11 extent authorized by this subchapter for other transferred

12 employees within the meaning of this chapter.’’; and

13 (2) by amending the table of sections at the be14 ginning of such chapter by adding after the item re15 lating to section 5734 the following new item:

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

from the Department of Defense to the Postal Service.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall be effective on the enactment of this

18 Act and shall apply only to employees separated after such

19 date.

20 SEC. 913. LIMITATION OF SEVERANCE PAY FOR CERTAIN

21 CIVILIAN EMPLOYEES WHO ARE EMPLOYED

22 BY NONAPPROPRIATED FUNDS.

23 Section 5595 of title 5, United States Code, is

24 amended by adding the following new subsection:
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1 ‘‘(h) Severance pay shall be suspended for employees

2 who move or have moved to a nonappropriated fund posi3 tion under coverage of the ‘Portability of Benefits for

4 Nonappropriated Fund Employees Act of 1990’ from an

5 appropriated fund position. The severance pay to which

6 the employee otherwise might have been entitled at the

7 time of qualifying for separation from the appropriated

8 fund position will be paid in accordance with this sub9 chapter if the employee is subsequently involuntarily sepa10 rated, not by removal for cause on charges of misconduct,

11 delinquency, or inefficiency, from nonappropriated fund

12 employment. Severance pay shall not be paid to an em13 ployee who, at the time of the involuntary separation from

14 nonappropriated fund employment, is eligible for an imme15 diate annuity from a nonappropriated fund retirement sys16 tem, or a retirement system applicable to an employee as

17 defined by section 2105 of this title or to a member of

18 a uniformed service. Severance pay will not be paid to an

19 employee who receives severance pay from the

20 nonappropriated fund for the period of appropriated fund

21 service on which entitlement under this paragraph is

22 based, and in an equivalent amount. The Secretary of De23 fense, in consultation with the Department of Transpor24 tation, shall prescribe regulations implementing this sub25 section.’’.
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1 Subtitle C—Other Matters

2 SEC. 921. NATIONAL GUARD YOUTH PROGRAMS.

3 (a) IN GENERAL.—Chapter 5 of title 32, United

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 508. Assistance to certain youth and other organi7 zations

8 ‘‘(a) AUTHORITY TO PROVIDE SERVICES.—Members

9 or units of the National Guard may provide the services

10 described in subsection (b) to an organization described

11 in subsection (c) in conjunction with training required

12 under this Chapter if—

13 ‘‘(1) the provision of such services does not de14 grade the quality of the training or otherwise inter15 fere with the ability of any unit to perform its mili16 tary functions;

17 ‘‘(2) the services provided are not commercially

18 available, or commercial entities affected have

19 agreed in writing not to object;

20 ‘‘(3) personnel of the National Guard providing

21 the services perform activities which enhance their

22 skills in their military specialties; and

23 ‘‘(4) such assistance does not materially in24 crease the cost of the training activities.
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1 ‘‘(b) COVERED SERVICES.—Services which may be

2 provided under this section are—

3 ‘‘(1) ground transportation;

4 ‘‘(2) limited air transportation, but only in the

5 case of the Special Olympics;

6 ‘‘(3) administrative support;

7 ‘‘(4) technical training;

8 ‘‘(5) emergency medical assistance;

9 ‘‘(6) communications; and

10 ‘‘(7) security support.

11 ‘‘(c) ORGANIZATIONS WHICH MAY BE ASSISTED.—

12 The organizations which may be assisted under this sec13 tion are—

14 ‘‘(1) The Boy Scouts of America;

15 ‘‘(2) The Girl Scouts of America;

16 ‘‘(3) The Boys and Girls Clubs of America;

17 ‘‘(4) the YMCA;

18 ‘‘(5) the YWCA;

19 ‘‘(6) the Civil Air Patrol;

20 ‘‘(7) the U.S. Olympic Committee;

21 ‘‘(8) the Special Olympics;

22 ‘‘(9) Campfire Boys and Girls;

23 ‘‘(10) the 4–H Club;

24 ‘‘(11) the Police Athletic League; and
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1 ‘‘(12) any other youth or charitable organiza2 tion designated by the Secretary of Defense.’’.

3 (b) CLERICAL AMENDMENTS.—The table of sections

4 at the beginning of Chapter 5 of title 32, United States

5 Code, is amended by adding at the end the following item:

‘‘508. Assistance to certain youth and other organizations.’’.

6 SEC. 922. PROTECTION FROM UNAUTHORIZED USE OF THE

7 NAME ‘‘DEFENSE MAPPING AGENCY’’.

8 (a) IN GENERAL.—Chapter 167 of title 10, United

9 States Code, is amended by adding at the end the follow10 ing new section:

11 ‘‘§ 2798. Unauthorized use of Defense Mapping Agen12 cy name, initials, or seal

13 ‘‘(a) No person may, except with the written permis14 sion of the Secretary of Defense, knowingly use the words

15 ‘Defense Mapping Agency’, the initials ‘DMA’, the seal of

16 the Defense Mapping Agency, or any colorable imitation

17 of such words, initials, or seal in connection with any mer18 chandise, retail product, impersonation, solicitation or

19 commercial activity in a manner reasonably calculated to

20 convey the impression that such use is approved, endorsed,

21 or authorized by the Secretary of Defense.

22 ‘‘(b) Whenever it appears to the Attorney General

23 that any person is engaged or about to engage in an act

24 or practice which constitutes or will constitute conduct

25 prohibited by subsection (a), the Attorney General may
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1 initiate a civil proceeding in a district court of the United

2 States to enjoin such act or practice. Such court shall pro3 ceed as soon as practicable to hearing and determination

4 of such action and may, at any time before such final de5 termination, enter such restraining orders or prohibitions,

6 or take such other action as is warranted, to prevent in7 jury to the United States or to any person or class of per8 sons for whose protection the action is brought.’’.

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

10 for such chapter 167 is amended by inserting after the

11 item relating to section 2798 as added by section 623 of

12 this Act, the following new item:

‘‘2798. Unauthorized use of Defense Mapping Agency name, initials, or seal.’’.

13 SEC. 923. LIMITATION OF LIABILITY FOR ANY NAVIGA14 TIONAL AID PREPARED OR DISSEMINATED

15 BY THE DEFENSE MAPPING AGENCY.

16 (a) IN GENERAL.—Chapter 167 of title 10, United

17 States Code, is amended by adding at the end the follow18 ing new section:

19 ‘‘§ 2799. Limitation of liability

20 ‘‘No claim or action may be brought against the

21 United States based upon the preparation or dissemina22 tion by the Defense Mapping Agency of any navigational

23 aid, including but not limited to, maps, charts, publica24 tions, products or information, regardless of the form or

25 medium of such aids.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for such chapter 167 is amended by inserting after the

3 item relating to section 2799 as added by section 624 of

4 this Act, the following new item:

‘‘2799. Limitation of liability.’’.

5 SEC. 924. REORGANIZATION OF THE AIR FORCE LIAISON

6 WITH THE CIVIL AIR PATROL.

7 (a) Section 9441(b) of title 10, United States Code,

8 is amended—

9 (1) by striking out ‘‘and’’ after the semicolon in

10 paragraph (10);

11 (2) by striking out the period in paragraph (11)

12 and inserting in lieu thereof ‘‘; and’’; and

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

14 paragraph:

15 ‘‘(12) reimburse the Civil Air Patrol the cost of main16 taining the staff at the National Headquarters, including

17 the payment of travel and allowances as the Secretary con18 siders required by the Civil Air Patrol to carry out its mis19 sion.’’.

20 (b) Section 9441 of title 10, United States Code, is

21 amended by adding at the end the following new sub22 section:

23 ‘‘(d) Instead of, or in combination with, detailing or

24 assigning any member of the Air Force or any officer or

25 employee of the Department of the Air Force under sec-
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1 tion (b)(5), the Secretary of the Air Force may authorize

2 the Civil Air Patrol to employ, as administrators and liai3 son officers, retired commissioned and noncommissioned

4 officers of the Air Force, whose qualifications are ap5 proved by the Secretary under regulations prescribed by

6 him, and who request such employment, subject to the fol7 lowing:

8 ‘‘(1) Notwithstanding any other provisions of

9 law, retired members so employed are entitled to re10 ceive their retired pay and an additional amount of

11 not more than the difference between their retired

12 pay and the pay and allowances that they would re13 ceive if ordered to active duty in the grade and rank

14 in which they were retired, and this additional

15 amount shall be paid to the Civil Air Patrol by the

16 Secretary from funds appropriated for that purpose.

17 ‘‘(2) Notwithstanding any other provision of

18 law such retired member is not, while so employed,

19 considered to be on active duty or inactive-duty

20 training for any purpose.’’.

21 SEC. 925. INFORMED CONSENT OF PERSONS PARTICIPAT22 ING IN HUMAN MEDICAL RESEARCH.

23 Section 980 of title 10, United States Code, is

24 amended to read as follows:
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1 ‘‘§ 980. Limitation on use of humans as experimental

2 subjects

3 ‘‘Funds appropriated to the Department of Defense

4 may not be used for research involving a human as an

5 experimental subject unless the research is conducted in

6 accordance with regulations prescribed by the Secretary

7 of Defense. Such regulations shall be consistent with the

8 regulations prescribed by the Secretary of Health and

9 Human Services and other agencies establishing a com10 mon Federal policy for the protection of human subjects.’’.

11 SEC. 926. MILITARY-TO-MILITARY CONTACTS AND COM12 PARABLE ACTIVITIES.

13 (a) MILITARY-TO-MILITARY CONTACTS AND COM14 PARABLE ACTIVITIES.—Chapter 6 of title 10, United

15 States Code, is amended by adding at the end the follow16 ing new section:

17 ‘‘§ 166b. Military-to-military contacts and comparable

18 activities

19 ‘‘(a) The Secretary of Defense may conduct military20 to-military contacts and comparable activities that are de21 signed to promote the democratic orientation of the de22 fense establishments and military forces of other coun23 tries. Funds appropriated for such activities may be pro24 vided (1) to the commander of a combatant command,

25 upon the request of the commander; (2) to an officer des26 ignated by the Chairman of the Joint Chiefs of Staff with
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1 respect to an area or areas not under the area of respon2 sibility of a commander of a combatant command; or (3)

3 to a Department of Defense component implementing ac4 tivities under this section.

5 ‘‘(b) Activities for which funds may be provided under

6 subsection (a) include the following:

7 ‘‘(1) Traveling Contact Teams (including trans8 portation, translation, and administrative expenses).

9 ‘‘(2) Military Liaison Teams.

10 ‘‘(3) Defense, Military, and Unit Exchanges.

11 ‘‘(4) Seminars, Conferences, and Publications

12 to be held or distributed primarily in the theater.

13 ‘‘(5) Personnel expenses of defense personnel

14 for bilateral, regional exchange, or familiarization

15 programs.

16 ‘‘(c) Any amount provided for activities under sub17 section (a) during any fiscal year for an activity referred

18 to in subsection (b) shall be in addition to amounts other19 wise available for that activity for that fiscal year.

20 ‘‘(d) Funds appropriated under subsection (a) may

21 be used to reimburse Military Appropriations Accounts to

22 fund pay and allowances for National Guard and Reserve

23 personnel participating in activities referred to in sub24 section (b).
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1 ‘‘(e) Activities may not be conducted under sub2 section (a) with any foreign country unless the Secretary

3 of State approves such activities.’’.

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

5 at the beginning of chapter 6 of title 10, United States

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

7 item:

‘‘166b. Military-to-military contacts and comparable activities.’’.

8 SEC. 927. PURCHASE OF VESSELS FOR THE READY RE9 SERVE FORCE.

10 (a) AUTHORIZATION FOR FISCAL YEAR 1995.—Not11 withstanding any other provision of law, funds are hereby

12 authorized to be appropriated for Fiscal Year 1995 to the

13 National Defense Sealift Fund in the amount of

14 $43,000,000 for the purchase of no more than seven Roll15 on/Roll-off vessels for the Ready Reserve Force main16 tained under section 11 of the Merchant Ship Sales Act

17 of 1946 (50 App. U.S.C. 1744).

18 (b) TRANSFER AUTHORITY.—Notwithstanding any

19 other provision of law, funds appropriated to the National

20 Defense Sealift Fund pursuant to subsection (a) of this

21 section may be transferred to the Maritime Administration

22 for the purposes stated in such subsection (a); provided

23 that, such transfer must occur within 60 days after funds

24 are made available under an appropriation of funds pursu25 ant to such authorization in the law; and, provided fur-
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1 ther, that the Maritime Administrator shall obligate the

2 transferred funds before the end of fiscal year 1995 for

3 the purposes stated in such subsection (a).

4 SEC. 928. TECHNICAL AMENDEMENT TO AUTHORIZE IMPLE5 MENTATION OF JUNIOR RESERVE OFFICERS

6 TRAINING CORPS (JROTC) PROGRAM EXPAN7 SION.

8 Section 2031(a)(1) of title 10, United States Code,

9 is amended by striking out ‘‘Not more than 200 units may

10 be established by all of the military departments each

11 year, and the total’’ and inserting in lieu thereof ‘‘The

12 total’’.

13 TITLE X—MATTERS RELATING TO ALLIES,

14 OTHER NATIONS, AND INTER15 NATIONAL ORGANIZATIONS

16 SEC. 1001. EXTENSION OF AUTHORITY TO ACQUIRE LOGIS17 TIC SUPPORT FOR FORCES DEPLOYED OUT18 SIDE THE UNITED STATES TO AUTHORITY TO

19 ACQUIRE FROM THE UNITED NATIONS OR RE20 GIONAL ORGANIZATIONS OF WHICH THE

21 UNITED STATES IS A MEMBER.

22 Section 2341 of title 10, United States Code, is

23 amended by striking out ‘‘and’’ the first time it appears

24 in subparagraph (1) inserting in lieu thereof a comma and

25 inserting after ‘‘from North Atlantic subsidiary bodies’’
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1 ‘‘, and from the United Nations Organization or any re2 gional international organization of which the United

3 States is a member’’.

4 SEC. 1002. EXTENSION OF AUTHORITY TO ENTER INTO

5 CROSS SERVICING AGREEMENTS TO AU6 THORITY TO ENTER INTO AGREEMENTS WITH

7 THE UNITED NATIONS ORGANIZATION OR

8 ANY REGIONAL ORGANIZATIONS OF WHICH

9 THE UNITED STATES IS A MEMBER.

10 Section 2342 of title 10, United States Code, is

11 amended—

12 (1) by striking out ‘‘or’’ at the end of subpara13 graph (a)(1)(B);

14 (2) by redesignating subparagraph (a)(1)(C) as

15 subparagraph (a)(1)(D);

16 (3) by inserting after subparagraph (a)(1)(B)

17 the following new subparagraph (a)(1)(C) to read as

18 follows:

19 ‘‘(C) the United Nations Organization or

20 any regional international organization of which

21 the United States is a member;’’;

22 (4) in subsection (a)(2) by striking out ‘‘sub23 sidiary body’’ both times such term appears and by

24 inserting in lieu thereof, in each instance, ‘‘organiza25 tion’’, and
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1 (5) in subsection (c) by striking out ‘‘a routine’’

2 and inserting in lieu thereof ‘‘an ordinary’’ and add3 ing at the end the following new sentence: ‘‘How4 ever, subject to section 2348 of this title, the Sec5 retary of Defense may use the authority of this sub6 chapter in peacetime to facilitate routine mutual lo7 gistic support of and by the United States armed

8 forces in training, exercise, and operations and to

9 permit better use of host nation resources for recur10 ring logistic support requirements of deployed

11 United States armed forces.’’.

12 SEC. 1003. METHOD OF PAYMENT FOR ACQUISITIONS AND

13 TRANSFERS.

14 Section 2344(b)(4) of title 10, United States Code,

15 is amended by inserting after ‘‘North Atlantic Treaty Or16 ganization subsidiary bodies’’ ‘‘and the United Nations

17 Organization or any regional international organization of

18 which the United States is a member.’’.

19 SEC. 1004. LIMITATION ON AMOUNTS THAT MAY BE OBLI20 GATED OR ACCRUED.

21 Section 2347 of title 10, United States Code, is

22 amended—

23 (1) in paragraph (a)(1)—
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1 (A) by striking out ‘‘and’’ after ‘‘North At2 lantic Treaty Organization’’ inserting in lieu

3 thereof a comma; and

4 (B) by inserting in such paragraph (1)

5 after ‘‘subsidiary bodies of the North Atlantic

6 Treaty Organization’’ ‘‘or, the United Nations

7 Organization or any regional international orga8 nization of which the United States is a mem9 ber’’;

10 (2) in paragraph (b)(1)—

11 (A) by striking out ‘‘and’’ after ‘‘North At12 lantic Treaty Organization’’ inserting in lieu

13 thereof a comma; and

14 (B) by inserting in such paragraph (1)

15 after ‘‘subsidiary bodies of the North Atlantic

16 Treaty Organization’’ ‘‘or, the United Nations

17 organization or any regional organization of

18 which the United States is a member’’, and

19 (3) by adding at the end the following new sub20 section (c):

21 ‘‘(c) When the armed forces of the United States are

22 involved in a contingency operation, the restrictions set

23 forth in subsections (a) and (b) are waived for the pur24 poses and the duration of such contingency operation.’’.
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1 SEC. 1005. DEFINITIONS.

2 Section 2350 of title 10, United States Code, is

3 amended—

4 (1) in subsection (1)—

5 (A) by inserting ‘‘(including airlift)’’ after

6 ‘‘transportation’’;

7 (B) by inserting ‘‘calibration services,’’

8 after ‘‘maintenance services,’’; and

9 (C) by adding at the end the following new

10 sentence: ‘‘Also, included is temporary use of

11 general purpose vehicles and other items of

12 military equipment not designated as part of

13 the United States Munitions List pursuant to

14 section 38(a)(1) of the Arms Export Control

15 Act.’’; and

16 (2) by amending subsection (3) to read as fol17 lows:

18 ‘‘(3) The term ‘transfer’ means selling (whether

19 for payment in currency, replacement-in-kind, or ex20 change of supplies or services of equal value), loan21 ing, or otherwise temporarily providing logistic sup22 port, supplies, and services under the terms of a

23 cross-servicing agreement.’’.

24 SEC. 1006. EFFECTIVE DATE

25 The amendments made to sections 2341, 2342, 2344,

26 2347, and 2350 of title 10, United States Code, by this
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1 Act shall be effective with regard to acquisitions and

2 transfers of logistic support, supplies, and services under

3 the authority of this subchapter that are initiated after

4 the date of enactment of this Act.

5 TITLE XI—PEACEKEEPING AND RELATED

6 MATTERS

7 SEC. 1101. ASSISTANCE TO INTERNATIONAL PEACEKEEP8 ING AND PEACE ENFORCEMENT ACTIVITIES.

9 (a) AUTHORITY.—Notwithstanding the provisions of

10 any other law, the President is authorized to provide the

11 assistance, including personnel supplies, services, and

12 equipment, in support of international peacekeeping and

13 peace enforcement activities, and to make contributions to

14 pay assessments on behalf of the United States for such

15 operations when conducted by the United Nations.

16 (b) REIMBURSEMENT PROVISIONS.—Whenever as17 sistance is provided under subsection (a), the President

18 shall require reimbursement to the United States for the

19 agreed costs of providing such support: Provided, That,

20 in exceptional circumstances and when the President finds

21 it to be in the national interest, he may waive, in whole

22 or in part, the requirement of such reimbursement: Pro23 vided further, That, in the case of a reimbursement from

24 the United Nations, it may be made, subject to section

25 (c)(1), either directly or indirectly in the form of the re-
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1 ceipt of a credit to be applied against the United States

2 Government share of any assessment due and owing.

3 (c) CREDITING OF RECEIPTS.—(1) The President is

4 authorized to receive reimbursement from any source for

5 the costs incurred by the United States for assistance pro6 vided pursuant to subsection (a). Any reimbursements re7 ceived shall first be used to reimburse the appropriate de8 partment of the Department of Defense for any incremen9 tal costs incurred in the provision of such assistance. Re10 imbursements received for incremental costs shall be cred11 ited, at the option of the appropriate department of De12 partment of Defense, either to the appropriation, fund, or

13 account utilized in incurring the obligation, or to an ap14 propriate appropriation, fund, or account currently avail15 able for the purposes for which the expenditures were

16 made.

17 (2) There is hereby established in the Treasury of

18 the United States a fund to be known as the ‘‘Contribu19 tions for International Peacekeeping and Peace Enforce20 ment Activities Fund’’. Funds appropriated to or depos21 ited in the Contributions for International Peacekeeping

22 and Peace Enforcement Activities Fund shall be utilized

23 for the purpose of paying assessments for Untied Nations

24 operations made under this section and shall remain avail25 able until expended. To the extent that the amount of any
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1 reimbursement received is in excess of reimbursement for

2 incremental costs made under subsection (c)(1), such ex3 cess funds may be credited to the Contributions for Inter4 national Peacekeeping and Peace Enforcement Activities

5 Fund.

6 (d) ANNUAL REPORTING REQUIREMENT.—The

7 President shall submit to Congress not later than Feb8 ruary 1 of each year a report for the previous fiscal year,

9 containing—

10 (1) a description of each international peace11 keeping or peace enforcement activity supported

12 under the authority of this section;

13 (2) the types of assistance provided under this

14 section, by operation or activity supported; and

15 (3) the dollar value, by operation or activity

16 supported, of all assistance provided, reimburse17 ments received, reimbursements waived, credits

18 taken, and obligations incurred in the Contributions

19 for International Peacekeeping and Peace Enforce20 ment Activities Fund.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There

22 are hereby authorized to be appropriated to the Depart23 ment of Defense, funds for the payment of assessments

24 for United Nations operations made under authority of

25 this section.
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1 (f) LIMITATIONS ON THE PAYMENT OF ASSESS2 MENTS.—Payments for assessments made under sub3 section (a) may be provided only for an operation con4 ducted by the United Nations for which the Secretary of

5 Defense has primary responsibility.

6 TITLE XII—COUNTERPROLIFERATION

7 SEC. 1201. EXTENSION AND AMENDMENT OF COUN8 TERPROLIFERATION AUTHORITIES.

9 (a) EXTENSION OF INTERNATIONAL NONPROLIFERA10 TION AUTHORITIES.—(1) Section 1505 of the National

11 Defense Authorization Act for Fiscal Year 1993, as

12 amended, (22 U.S.C. 5859a) is amended—

13 (A) in subsection (a) by striking out ‘‘during

14 fiscal year 1994’’ and inserting in lieu thereof ‘‘dur15 ing fiscal year 1995 and thereafter’’, and

16 (B) in subsection (e) by striking out ‘‘fiscal

17 year 1994’’ and inserting lieu thereof ‘‘during fiscal

18 year 1995 and thereafter’’.

19 (2) ADDITIONAL AUTHORITIES.—Subsection (b) of

20 such section 1505 is amended—

21 (A) by amending paragraph (1) to read as fol22 lows:

23 ‘‘(1) Activities carried out by international or24 ganizations that are designed to ensure more effec25 tive safeguards against proliferation and more ag-
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1 gressive verification of compliance with international

2 agreements on nonproliferation.’’;

3 (B) in paragraph (2) by striking out ‘‘the On4 Site Inspection Agency’’, inserting in lieu thereof

5 ‘‘the Department of Defense’’;

6 (C) in paragraph (4) by striking out ‘‘Prolifera7 tion through joint technical projects and improved

8 intelligence sharing’’ inserting in lieu thereof’’, bio9 logical, chemical, and missile proliferation through

10 technical projects and improved information shar11 ing’’; and

12 (D) by adding at the end the following new

13 paragraph (5) to read as follows:

14 ‘‘(5) Activities supporting the dismantlement

15 and destruction of nuclear, biological, and chemical

16 weapons, their delivery systems, related technologies,

17 and other weapons.’’.

18 (3) REPEAL OF FUNDING LIMITATIONS.—Subsection

19 (d) of such section 1505, as amended, is amended by strik20 ing out paragraphs (1) and (3) and the designator ‘‘(2)’’.

21 (b) EXTENSION OF AUTHORITY FOR STUDIES RE22 LATING TO UNITED STATES COUNTERPROLIFERATION

23 POLICY AND REPEAL OF REPORTING REQUIREMENT.—

24 Section 1603 of the National Defense Authorization Act

25 for Fiscal Year 1994 (22 U.S.C. 5859a) is amended—
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1 (1) by striking out subsections (d) and (e); and

2 (2) in subsection (a) by striking out ‘‘during

3 fiscal year 1994’’ inserting in lieu thereof ‘‘during

4 fiscal year 1995 and thereafter’’.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi6 tion to funds otherwise available to the Department of De7 fense, there is authorized to be appropriated an additional

8 amount of up to $30,159,000 during fiscal year 1995 for

9 the purposes of conducting counterproliferation activities.

10 TITLE XIII—ACQUISITION REFORM

11 SEC. 1301. AMENDMENT TO RESEARCH AUTHORITIES.

12 (a) Section 2358 of title 10, United States Code, (as

13 amended by section 827(a) of the National Defense Au14 thorization Act for Fiscal Year 1994 (Public Law 103–

15 160; 107 Stat. 1547)) is amended—

16 (1) by amending the section heading to read as

17 follows:

18 ‘‘§ 2358. Research and development projects’’;

19 (2) in subsection (a), by striking out ‘‘basic, ad20 vanced, and applied research’’ and inserting in lieu

21 thereof ‘‘basic research, applied research, advanced

22 research’’;

23 (3) in subsection (a)(1), by striking out ‘‘basic,

24 advanced, and applied’’; and
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1 (4) by amending subsection (b)(1) to read as

2 follows:

3 ‘‘(1) by contract, cooperative agreement, or

4 grant;’’.

5 (b) Section 2371 of title 10, United States Code, (as

6 amended by section 827(b) of the National Defense Au7 thorization Act for Fiscal Year 1994 (Public Law 103–

8 160; 107 Stat. 1547)), is amended to read as follows:

9 ‘‘§ 2371. Research projects: cooperative agreements

10 and other transactions

11 ‘‘(a) AUTHORITY FOR OTHER TRANSACTIONS.—The

12 Secretary of Defense, through the Advanced Research

13 Projects Agency and such other elements of the Depart14 ment of Defense as the Secretary may designate, and the

15 Secretary of each military department, in carrying out

16 basic, applied, and advanced research projects, may enter

17 into other transactions, in addition to contracts, grants

18 and cooperative agreements authorized by section 2358 of

19 this title.

20 ‘‘(b) AUTHORITY FOR MERGING FUNDS.—(1) Coop21 erative agreements entered into under section 2358 of this

22 title and other transactions for the performance of such

23 research projects may include a clause that requires a per24 son or other entity to make payments to the Department

25 of Defense (or any other department or agency of the Fed-
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1 eral Government) as a condition for receiving support

2 under the agreement or other transaction.

3 ‘‘(2) The amount of any payment received by the

4 Federal Government pursuant to a requirement imposed

5 under paragraph (1) may be credited, to the extent au6 thorized by the Secretary of Defense, to the current appli7 cable appropriation of the Department of Defense.

8 Amounts so credited shall be merged with other funds in

9 the account and shall be available for the same purposes

10 and the same period for which other funds in the account

11 to which credited are available.

12 ‘‘(3) The authority provided under paragraphs (1)

13 and (2) may be exercised without regard to section 3324

14 of title 31, United States Code.

15 ‘‘(c) CONDITIONS.—The Secretary of Defense shall

16 ensure that—

17 ‘‘(1) to the maximum extent practicable, a co18 operative agreement using the merger authority of

19 subsection (b) or other transaction under subsection

20 (a) does not provide for research that duplicates re21 search being conducted under existing programs car22 ried out by the Department of Defense;

23 ‘‘(2) to the extent the Secretary determines

24 practicable, the funds provided by the Government

25 under the cooperative agreement or other trans-
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1 action do not exceed the total amount provided by

2 the other parties to the cooperative agreement or

3 other transaction; and

4 ‘‘(3) authorities under this section are used only

5 when the use of standard contracts or grants is not

6 feasible or appropriate.

7 ‘‘(d) REPORTING.—Not later than 60 days after the

8 end of each fiscal year, the Secretary of Defense shall sub9 mit to the Committees on Armed Services of the Senate

10 and House of Representatives a report on all cooperative

11 agreements using the merger authority of subsection (b)

12 and all other transactions (other than contracts and

13 grants) entered into under this section during such fiscal

14 year. The report shall contain, with respect to each such

15 cooperative agreement and transaction, the following:

16 ‘‘(1) A general description of the cooperative

17 agreement or other transaction (as the case may be),

18 including the technologies for which research is pro19 vided for under such agreement or transaction.

20 ‘‘(2) The potential military and, if any, com21 mercial utility of such technologies.

22 ‘‘(3) The reasons for not using a contract or

23 grant to provide support for such research.

24 ‘‘(4) The amount of the payments, if any, re25 ferred to in subsection (b) that were received by the
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1 Federal Government in connection with such cooper2 ative agreement or other transaction during the fis3 cal year covered by the report.

4 ‘‘(5) The amount of the payments reported

5 under paragraph (4), if any, that were credited to

6 each account established under subsection (d).

7 ‘‘(e) STEVENSON-WYDLER AUTHORITY FOR COOPER8 ATIVE RESEARCH AND DEVELOPMENT AGREEMENTS RE9 ITERATED.—The Secretary of Defense, in carrying out re10 search projects through the Advanced Research Projects

11 Agency, the Secretary of each military department, and

12 the Director of a Defense agency in carrying out research

13 projects, may permit the director of any federally funded

14 research and development center to enter into cooperative

15 research and development agreements with any person,

16 any agency or instrumentality of the United States, any

17 unit of State or local government, and any other entity

18 under the authority granted by section 11 of the Steven19 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.

20 3710a). Technology may be transferred to a non-Federal

21 party to such an agreement consistent with the provisions

22 of sections 10 and 11 of such Act (15 U.S.C. 3710,

23 3710a).’’

24 (c) The table of sections for such chapter 139 of title

25 10, United States Code, is amended—
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1 (1) by striking out the item relating to section

2 2358 and inserting in lieu thereof the following:

‘‘2358. Research and development projects.’’;

3 and

4 (2) by striking out the item relating to section

5 2371 and inserting in lieu thereof the following:

‘‘2371. Research projects: cooperative agreements and other transactions.’’.

6 SEC. 1302. AMENDMENT OF ACQUISITION LAWS RELATING

7 TO INDUSTRIAL MOBILIZATION.

8 (a) Section 2539(a) of title 10, United States Code

9 (as added by section 822(a) of the National Defense Au10 thorization Act for Fiscal Year 1994 (Public Law 103–

11 160; 107 Stat. 1547, 1705)), is amended by inserting ‘‘or

12 Secretary of a Military department’’ after ‘‘Secretary of

13 Defense’’ in the first sentence.

14 (b) Section 2541 of title 10, United States Code (as

15 added by section 822(b) of the National Defense Author16 ization Act for Fiscal Year 1994 (Public Law 103–160;

17 107 Stat. 1547, 1706)), is amended—

18 (1) in subsection (a)(1) by inserting ‘‘rent’’

19 after ‘‘lend.;’’ and

20 (2) by amending subsection (b) to read as fol21 lows:

22 ‘‘(b) CONFIDENTIALITY OF TEST RESULTS.—Prior

23 to making the services set forth in subsection (a)(3) avail24 able to any person or entity for the benefit of that person
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1 or entity, the Federal Government’s representative to the

2 negotiations for the service shall ensure that any contract

3 or other agreement for the provision of such services speci4 fies the rights in the resulting technical data that the gov5 ernment shall retain.’’.

6 (c) Section 2373(b) of title 10, United States Code

7 (as added by section 822(c) of the National Defense Au8 thorization Act for Fiscal Year 1994 (Public Law 103–

9 160; 107 Stat. 1547, 1706)), is amended by inserting

10 ‘‘, with or without competitive bidding,’’ after ‘‘outside the

11 United States’’.

12 (d) Section 2538 of title 10, United States Code (as

13 added by section 822(a) of the National Defense Author14 ization Act for Fiscal Year 1994 (Public Law 103–160;

15 107 Stat. 1547, 1704)), is amended—

16 (1) in subsection (a), by striking out ‘‘the Sec17 retary of Defense,’’ and inserting in lieu thereof ‘‘the

18 head of any department or agency,’’; and

19 (2) in subsection (c)—

20 (A) by striking out ‘‘through the Secretary

21 of Defense,’’ and inserting in lieu thereof

22 ‘‘through the head of any department or agen23 cy,’’ and

24 (B) by striking out ‘‘in the opinion of the

25 Secretary of Defense’’ and inserting in lieu
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1 thereof ‘‘in the opinion of the department or

2 agency head’’.

3 SEC. 1303. DISPOSITION OF NAVAL VESSELS.

4 (a) Section 7304 of title 10, United States Code, is

5 amended to read as follows:

6 ‘‘§ 7304. Disposition of Naval Vessels

7 ‘‘(a) The Secretary of the Navy shall designate

8 boards of naval officers to examine all naval vessels, in9 cluding unfinished vessels. Each vessel shall be examined

10 at least once every three years if practicable.

11 ‘‘(b) The Boards shall recommend to the Secretary

12 of the Navy in writing which vessels, if any, should be

13 stricken from the Naval Vessel Register. In making such

14 recommendations, the boards shall consider whether any

15 vessel is unfit for service or whether any unfinished vessel

16 cannot be finished without disproportionate expense.

17 ‘‘(c) Where the Secretary concurs with any such rec18 ommendation, the Secretary shall strike the name of that

19 vessel from the Naval Vessel Register. The Secretary of

20 the Navy shall appraise each vessel so stricken when the

21 Secretary determines that it is in the national interest,

22 the Secretary is authorized to sell such vessels under pre23 scribed regulations.

24 ‘‘(1) Vessels stricken from the Naval Vessel

25 Register and not subject to disposition under any
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1 other law, may be sold at public sale to the highest

2 acceptable bidder, regardless of their appraised

3 value, after being advertised for sale for a period of

4 not less than 30 days.

5 ‘‘(2) If the Secretary determines that the bid

6 prices received after advertising are not reasonable

7 and that readvertising will serve no useful purpose,

8 such vessels may be sold by negotiation to the high9 est acceptable offeror, provided that—

10 ‘‘(A) each responsible bidder has been noti11 fied of intent to negotiate and has been given

12 a reasonable opportunity to negotiate; and

13 ‘‘(B)(i) the negotiated price is higher than

14 the highest rejected price of any responsible

15 bidder; or

16 ‘‘(ii) the negotiated price is reasonable and

17 is in the national interest.

18 ‘‘(d) The Secretary of the Navy is further authorized

19 to transfer, by gift or otherwise, any stricken or captured

20 vessel to—

21 ‘‘(1) any state, territory, commonwealth or pos22 session of the United States, or any municipal cor23 poration or any political subdivision thereof;

24 ‘‘(2) the District of Columbia; or

25 ‘‘(3) any not-for-profit or nonprofit entity;
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1 provided that the transfer occurs at no cost to the United

2 States and that the transferee agrees to maintain the ves3 sel in a condition satisfactory to the Navy.

4 ‘‘(e) The Secretary of the Navy is further authorized

5 to use any stricken vessel for experimental purposes. The

6 vessel shall first be stripped as practicable. The amounts

7 received from stripping the vessel shall be credited to ap8 propriations available for the procurement of those scrap9 ping services needed for stripping. Amounts received

10 which are in excess of amounts necessary for procuring

11 those services shall be deposited into the general fund of

12 the Treasury.

13 ‘‘(f) The provisions of the Federal Property and Ad14 ministrative Services Act of 1949 (40 U.S.C. 471 et seq.)

15 do not apply to the disposition of a naval vessel under

16 this section.

17 ‘‘(g) Notwithstanding any other provision of law, no

18 battleship, aircraft carrier, cruiser, or destroyer, or sub19 marine of the Navy may be sold, transferred or otherwise

20 disposed of, unless the Chief of Naval Operations certifies

21 that it is not essential to the defense of the United States.

22 ‘‘(h) All transfers provided pursuant to this section

23 shall occur at no cost to the United States, and the trans24 feree shall agree to maintain the vessel in a condition sat25 isfactory to the United States, and to be responsible for
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1 all liabilities connected with the use and maintenance of

2 the vessel.’’.

3 (b) Sections 7305, 7306, 7307, and 7308 of title 10,

4 United States Code, are repealed.

5 SEC. 1304. CONTRACT FOR FUEL STORAGE AND MANAGE6 MENT.

7 Section 2388(a) of title 10, United States Code (as

8 amended by section 825 of the National Defense Author9 ization Act of Fiscal Year 1994 (Public Law 103–160;

10 107 Stat. 1547)), is amended by striking out ‘‘fuels and

11 natural gas.’’ and inserting in lieu thereof ‘‘fuels or natu12 ral gas.’’.

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